HomeMy WebLinkAbout05-12-14 Council Agenda & PacketAGENDA
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, MAY 12, 2014
1. INVOCATION - CHAPLAIN FRED PRESTON
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB- COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
'7 •nn D M
14 -54 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND
HONORING TRANSPO OPERATOR CHERYL MOORE FOR HER
ACTS OF HEROISM IN RESCUING A YOUNG CHILD
14 -55 A RESOLUTION OF THE.COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, HONORING THE RICH TRADITION
OF THE NATIONAL PAN - HELLENIC COUNCIL AND
CELEBRATING 84 YEARS OF SERVICE AND CONTRIBUTIONS
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
25 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 4525 SOUTH
BURNETT DRIVE, SOUTH BEND, INDIANA 46614,
COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH
BEND, INDIANA
24 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 4,
INDUSTRIAL DISTRICTS TO EXCLUDE USES ALREADY
PERMITTED AS A PRIMARY USE FROM THE SPECIAL
EXCEPTION USE SUBSECTION; AND MODIFYING ARTICLE
6, OVERLAY AND SPECIAL USE DISTRICTS, TO ADD A
NEW SUBSECTION RELATIVE TO THE APPLICABILITY OF
THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA
OVERLAY ZONING DISTRICT TO PLANNED UNIT
DEVELOPMENTS
31 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS
SECTIONS IN ARTICLE 10 OF CHAPTER 14 OF THE SOUTH
BEND MUNICIPAL CODE ADDRESSING SMOKEFREE AIR
REGULATIONS
8. BILLS, THIRD READING
RTT,T, 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
25 -14 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 4525 SOUTH
BURNETT DRIVE, SOUTH BEND, INDIANA 46614,
COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH
BEND, INDIANA
2.4 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 4,
INDUSTRIAL DISTRICTS TO EXCLUDE USES ALREADY
PERMITTED AS A PRIMARY USE FROM THE SPECIAL
EXCEPTION USE SUBSECTION; AND MODIFYING ARTICLE
6, OVERLAY AND SPECIAL USE DISTRICTS, TO ADD A
NEW SUBSECTION RELATIVE TO THE APPLICABILITY OF
THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA
OVERLAY ZONING DISTRICT TO PLANNED UNIT
DEVELOPMENTS
31 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS
SECTIONS IN ARTICLE 10 OF CHAPTER 14 OF THE SOUTH
BEND MUNICIPAL CODE ADDRESSING SMOKEFREE AIR
REGULATIONS
9. RESOLUTIONS
BILL NO.
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 -47 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 AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A FIVE (5)
YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT
TUBE, LLC
14 -50 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 1020 SAINT PETER STREET AS A
RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
(5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR ROBERT AND CATHERINE KOSSLER
14 -51 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 211 WEST WASHINGTON STREET AS AN
ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
FOUR (4) YEAR REAL PROPERTY TAX ABATEMENT FOR THE
TOWER AT WASHINGTON SQUARE LLC
14 -52 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
525 EAST COLFAX AVENUE AN ECONOMIC REVITALIZATION
AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL
PROPERTY TAX ABATEMENT FOR COLFAX HILL PARTNERS,
LLC
14 -53 A RESOLUTION WAIVING THE REQUIRED FILING DATE OF
MAY 15, 2013 AND ACCEPTANCE OF THE CF -1 REAL
PROPERTY FORM AND FORM 322 WHICH SHOULD HAVE BEEN
FILED UNDER RESOLUTION 4238 -13 FOR AMERIPLEX
SUPERIOR PARTNERS LOCATED AT 5231 DYLAN DRIVE
10. BILLS, FIRST READING
BILL NO.
32 -14 FIRST READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 122 S. NILES
AVE., COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF
SOUTH BEND, INDIANA
33 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND
BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND
INDIANA, AND AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED IN PENN TOWNSHIP, CONTIGUOUS
THEREWITH; COUNCILMANIC DISTRICT 5 DELDORA LLC
17716, 17802 & 17830 IRELAND ROAD, MISHAWAKA, IN
46544
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.
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY. IN
227 VV 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 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 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
MFI 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,
4o'hn W. Byom'
Attachment
CC: Cosimo Bumbaca
Frank J. Agostino, Esq.
"Hed in '% 4'hr "Vs office i
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CITYCLOIh, #:z
SERVING: ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND
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Staff Reps
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 S172 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 with a detached garage.
North: To the north are single family homes zoned S172 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 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 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
taff Report
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 I 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 ofthe 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.
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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 "0" OFFICE DISTRICT
SOUTH BEND "PUD" PLANNED UNIT DEVELOPMENT
13
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 FROMSINGLE FAMILYAND TWO FAMILY (SF2) TO
URBAN CORRIDOR MULTIFAMILY (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:
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 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 day of
20_, at o'clock m.
Approved and signed by me on the
.m.
t st READING 2 -" 2-
PUBLIC NEARING
3 r' READING
NOT APPROVED
REFERRED g .P- Z
PASSED
City Clerk
day of , 20 , at o'clock
Mayor of the City of South Bend,
E -`
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571
Wednesday, March 19, 2014 S S I
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
P3 D- 1`1
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 MF1 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 MF I 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 bg,lpa e a Dart of this reoort.
Sincerely,
ohn W. Byorn
Attachment
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CC: COS(m91i& : AnAMQId"4,iCQTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSE
w stgosephcounrylnEhnuoM mphn
Staff Report 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 S172 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.
East: To the east are single family homes zoned S172 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 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 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
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 -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
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 comer 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 MFl 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 Rwa
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 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. Requiring foundation landscaping will help to reflect a more single -
family like appearance of the structure.
APC # 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 ofthe 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 ofthe 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.
I!®
PUC
PUC 6,1F2 j� 1
PUC _
Rezoning from:
"SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to
"MFl" URBAN CORRIDOR MULTIFAMILY DISTRICT
MASTER ZON IN G KEY
■ SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT
SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT
SOUTH BEND "MF2" HIGH - DENSITY MULTIFAMILY DISTRICT
SOUTH BEND "PUD" PLANNED UNIT DEVELOPMENT
N
W E
s
1 inch = 100 feet
APC # 2696 -14
rage i of
Areaplan - Comments for 3/18/14 Cosimo Bumbaca hearing
From: "Ron Bocinsky, Realtor" <rbocin @gmail.com>
To: AREAPLAN @co.st joseph.in.us
Date: 3/9/2014 2:09 PM
Subject: Comments for 3/18/14 Cosimo 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 1 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
iRECE1VED
MAR 10 2014
AREA PLAN COMMISSION
file: / /C: \Documents 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 FAMILYAND 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 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
Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of I
20—, at o'clock m.
Approved and signed by me on the
-.m.
i nEAIMKII�
PU-`C HFAPING
J P.
NOT APPROVED
REFERRED
PASSED
day of
City Clerk
20—, at o'clock
Mayor of the City of South Bend, Indiana
"Ted (5F diit, - , -77-"--'
m �q r ,
L
EL
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY. IN
227 W. JEFFERSON BLVD. ROOM 1 140
COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571
Wednesday, March 19, 2014
s���\ ' ��\
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 MFI 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 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,
(In W. Byorni
Attachment
CC: Fillipo Bumbaca
Frank Agostino, Esq
Fffial-d 111
CITY CLFRK,wiOUi ?-�P
SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND
w sgosephmumyin&nuomlAropbn
Staff Report 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 MFI 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 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 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 -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
Recommendation:
3/6/2014
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 ofthe 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 ofthe 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 wefre;
(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.
T
N a
d 9
V mi
C
N
r_
LL
LB
Sorin
rru
Miner
Bissell
Sorin
Miner
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
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 (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:
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 day of
20—, at —o'clock m.
Approved and signed by me on the day of
—.m.
Rr. A DfNG
PURiC HTARiNG
3rd
NoT A,�,`ROVfD
REFEPRED
PASSED
City Clerk
2Q-_, at O,Clock
Mayor of the City of South �Bend, Indiana
led in Clerk's 09,2,61,
14
CM
IWV
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
qjARCEAPLAN 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 r
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 MFI 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:
1 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 l 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,
T Le t
0 W. Byorni
Attachment
CC: Cosimo Bumbaca
Frank J. Agostino, Esq.
CITY Gt l tE-'jq
SERVING:. ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND
w ..syosephwunWndhmuaMAmphn - -- -- --
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 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 restaurant zoned MU Mixed Use District.
East: To the east is a vacant lot zoned S172 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 MF1 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 1 of 3
Staff Report 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 MF1 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 # 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 # 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 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.
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 "MFV URBAN CORRIDOR MULTIFAMILY DISTRICT
SOUTH BEND "MU" MIXED USE DISTRICT
SOUTH BEND "LB" LOCAL BUSINESS DISTRICT
13.
1 inch = 100 feet
APG # 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 FROMSINGLE FAMILYAND TWO FAMILY (SF2) TO
URBAN CORRIDOR MULTIFAMILY (MF1) WITHSPECIAL USE EXCEPTION FOR GROUP
RESIDENCE TO BE USED BYSTUDENTS.
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 1 Sam Cottrells Addition
be and the same is hereby established as MF1 Urban Corridor Multifamily District
SECTION II. That a Special Exception for group residence in a MFJ 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
20-1 at —o'clock m.
Approved and signed by me on the _ day of
_.m.
12t READING 2- Z-`l —d i
PUMC HEARING
3.cl REAWNG
NOT A.PPROWD
krFEPPED /4,0
PASSED
City Clerk
day of _,
20—, at o'clock
Mayor of the City of South Bend, Indiana
"ed in Miko '
I _22 2 3 0 14
GITYCLUN, .0 ,i t
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W, JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571
Wednesday, March 19, 2014 � Y_� S \ /1� Ll' 0
The Honorable Council of the City of South Bend —�l~ I-, 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 MF1 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 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,
W.l V -,P Ztl
hn W. Byorni
Attachment
CC: Cosimo Bumbaca
Frank J. Agostino, Esq.
MCC
crry CLF
SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND
www.1g— *-umy1nd'um.w1JAMp1m
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 MF1 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:
l) 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 # 2697 -14 Page 2 of 3
Staff Reugrt 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 welfare ofthe 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 ofthe property.
Special Exception / Special Use
A special use may only be granted upon making a written deter iination 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 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.
Howard
Rezoning from:
"SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to
"MFl" URBAN CORRIDOR MULTIFAMILY DISTRICT
MASTER ZONING KEY N
®SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT w e
SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAM ILY DISTRICT s
SOUTH BEND "MF2" HIGH -DENSITY MULTIFAMILY DISTRICT 1 inch = 100 feet
SOUTH BEND "PUD" PLANNED UNIT DEVELOPMENT APC # 2697 -94
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 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 46 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 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
Presented by me to the Mayor of the City of South Bend, Indiana on the
20_1 at o'clock m.
Approved and signed by me on the day of
m.
14 READING
PUBLIC HEARING
3 rd RE.AD:NG
NOT APPROVED
REFEREED
PASSED
City Clerk
day of ,
20 , at o'clock
Mayor of the City of South Bend, Indiana
i[erf in Clerk';
.. C: 't r,'t..4`0$fbr Ei�iCiii wK t` �C J, go
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W, JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571
Wednesday, April 16, 2014
The Honorable Council of the City of South Bend ` \\ 1 1 ( —
4th Floor, County-City Building �`� S 1 L.`AP A t �-�1
South Bend, IN 46601
RE: A combined public hearing on a proposed ordinance of Davis Traub Real Estate LLC to zone from GI
General Industrial District to GB General Business District, and seeking the following three variances: 1)
from the required Type A perimeter landscaping to existing trees as shown on site plan; 2) from the required
24 foot drive aisle to 15.5 feet; and 3) from the required 6 foot wide foundation landscaping area to existing
foundation landscaping area, property located at 4525 South Burnett Drive, City of South Bend - APC# 2700-
14.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Davis Traub Real Estate LLC was legally advertised on
Thursday, April 03, 2014 and that the Area Plan Commission at its public hearing on Tuesday, April 15, 2014 took
the following action:
Upon a motion by John DeLee, being seconded by Daniel Brewer and unanimously carried, a
proposed ordinance of Davis Traub Real Estate LLC to zone from GI General Industrial District to GB
General Business District, property located at 4525 South Burnett Drive, City of South Bend, is sent to
the Common Council with a favorable recommendation. The rezoning to GB General Industrial
District will allow the site to host businesses that can co -exist within a small, mixed -use industrial
park.
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,
John W. Byomi Jet
Attachment
CC: Davis Traub Real Estate LLC
Pet Refuge and Danch, Harper & Associates
Filed in Offict
CITY CLERK, SOUTH BEND, IN
SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND
w .ssjosephwumfin&m.wm /Areaplan
Staff Report 4/3/2014
APC #
'2700 -14
Owner:
Davis Traub Real Estate LLC
Location:
4525 South Burnett Drive
Jurisdiction:
City of South Bend
Public Hearing Date:
4/15/2014
Requested Action:
The petitioner is requesting a zone change from GI General Industrial District to GB
General Business District to allow uses permitted in the GB General Business District and
three variances.
Land Uses and Zoning:
On site: On site is a vacant office building.
North: To the north is CMA Supply, zoned GI General Industrial District.
East: To the east, across Burnett Drive, is Master Metal Engineering and Hoosier
Spring, zoned GI General Industrial District.
South: To the south is the Kodiak indoor shooting range, zoned GI General
Industrial District. To the southwest is Pet Refuge, zoned GB General
Business District.
West: To the west is Silverline Molds zoned GI General Industrial District.
District Uses and Development Standards:
The GB General Business District is established to provide a location for those retail sales
and service functions whose operations are typically characterized by: outdoor display or
sales of merchandise; major repair of motor vehicles; commercial amusement and
recreational activities; or, activities or operations conducted in structures which are not
completely enclosed. The types of uses found in the GB District are often brightly lighted
and noisy. Permitted uses contained in this district are such that this district may be used
to form a grouping of similar uses along certain portions of major commercial
thoroughfares. Special attention should be paid to buffering whenever this district is
located adjacent to any residential district or residential uses.
Site Plan Description:
The total site is 1.28 acres. There is an existing one story 2,920 square foot building.
Seven existing parking spaces are to the east of the building and three additional are
proposed to the north of the building. The petitioner is requesting variances from the
perimeter and foundation landscaping requirements. Parking screening and dumpster
screening are provided.
Zoning and Land Use History And Trends:
In 1974, this area was rezoned to heavy industrial. Pet Refuge was rezoned to GB General
Business in 2012. In 2010, a Special Exception Use was approved for an indoor shooting
range and training facility for Kodiak Firing Range & Training Facility.
Traffic and Transportation Considerations:
Burnett Drive is a two lane road with access to Ireland Road.
APC# 2700 -14 Page 1 of
Staff Reoort 4/3/2014
Utilities:
This site will be served by public water and public sewer.
Agency Comments:
The Department of Community Investment gave a favorable recommendation. The City
Engineer had no comments.
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 ED 1.2 Encourage reuse of abandoned and underutilized land and structures.
Land Use Plan:
The Future Land Use Map identifies this area as Heavy Industrial.
Plan Implementation /Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
This area is an established industrial park, with a mix of uses such as storage, truck
terminal, a medical support business, Pet Refuge and an indoor shooting range.
3. Most Desirable Use:
The most desirable use is one that can blend into the existing industrial park.
4. Conservation of Property Values:
Due to the mixed use character of the industrial park, surrounding property values should
not be affected.
5. Responsible Development And Growth:
It is responsible development and growth to allow compatible businesses to move into an
established mixed use industrial park.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning and three
variances from the development standards. The Commission will forward the rezoning to
the Council with or without .a recommendation and either approve or deny the variances.
The rezoning is from GI General Industrial District to GB General Business District.
The petitioner is also requesting the following three variances:
1) from the required Type A perimeter landscaping to existing trees as shown on site plan;
2) from the required 24 foot drive aisle to 15.5 feet; and
3) from the required 6 foot wide foundation landscaping area to existing foundation
landscaping area.
APC # 2700 -14 Page 2 of 3
Staff Report
4/3/2014
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 this
petition be sent to the Common Council with a favorable recommendation. The staff
recommends approval of the three variances.
Analysis:
The rezoning to GB General Industrial District will allow the site to host businesses that
can co -exist within a small, mixed -use industrial park. The variances meet the standards
for approval by accommodating the existing parking layout and landscaping on the lot.
APC # 2700 -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 ofthe 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 ofthe 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 orgeneral 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.
Kezomng trom:
"GI" GENERAL INDUSTRIAL DISTRICT to
"GB" GENERAL BUSINESS DISTRICT
MASTER ZONING KEY
COUNTY "M" MANUFACTURING INDUSTRIAL DISTRICT
SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT
SOUTH BEND "GB" GENERAL BUSINESS DISTRICT
SOUTH BEND "GI" GENERAL INDUSTRIAL DISTRICT
13
1 inch = 300 feet
APC # 2700 -14
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 4525 SOUTHBURNETT DRIVE, SOUTHBEND, INDIANA, 46614,
COUNCILMANIC DISTRICT N0. 6 I THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
PETITIONERS DESIRE TO REZONE THE PROPERTY FROM GI GENERAL
INDUSTRIAL DISTRICT TO GB GENERAL BUSINESS DISTRICT TO OPERATE A
VETERINARYHOSPITAL WITHBOARDING.
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 26, TOWNSHIP 37
NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA WHICH IS DESCRIBED AS LOT # 10 OF THE PLAT OF
BURNETT INDUSTRIAL PARK" AS RECORDED IN THE RECORDS OF THE ST.
JOSEPH COUNTY, INDIANA RECORDER'S OFFICE.
CONTAINING 1.28 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. 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
2
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of 20_, at o'clock m.
City Clerk
Approved and signed by me on the
20 , at o'clock m.
Mayor of the City of South Bend, Indiana
I d I:FADtNG 3 — 2,
PUELIG HLARNG
3rd READING
NOT AP PROVO
tMaD
Ip 594
day of
im
MAR 19 Z0141
J:
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W, JEFFERSON BLVD. ROOM 1 140
COUNTY-CITY BLDG.
SOUTH BEND, INDIANA 4616(0.1
(574) 235 - 9$71
Wednesday, April 16, 2014
S,� k�
'.J l � l
N J -
2 l
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: An Ordinance initiated by the Area Plan Commission on behalf of the the Common Council of the City of
South Bend, Indiana, Amending Chapter 21 of the South Bend Municipal Code, Article 4, Industrial Districts
to exclude uses already permitted as a primary use from the Special Exception Use subsection; and modifying
Article 6, Overlay and Special Use Districts, to add a new subsection relative to the applicability of the
Northeast Neighborhood Development Area Overlay Zoning District to Planned Unit Developments. - APC#
2701 -14.
Dear Council Members:
I hereby Certify that the above referenced ordinance of APC Initiated was legally advertised on Thursday, April
03, 2014 and that the Area Plan Commission at its public hearing on Tuesday, April 15, 2014 took the following
action:
Upon a motion by John DeLee, being seconded by Michelle Hektor and unanimously carried, the
Ordinance initiated by the Area Plan Commission on behalf of the the Common Council of the City of
South Bend, Indiana, Amending Chapter 21 of the South Bend Municipal Code, Article 4, Industrial
Districts to exclude uses already permitted as a primary use from the Special Exception Use
subsection; and modifying Article 6, Overlay and Special Use Districts, to add a new subsection
relative to the applicability of the Northeast Neighborhood Development Area Overlay Zoning District
to Planned Unit Developments, is sent to the Common Council with a favorable recommendation. The
text amendments address certain changes that are necessary and practical to revise and clarify various
sections of the South Bend Zoning Ordinance.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan
Commission.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown
in the minutes of the public hearing, and will be forwarded- "eu-at a-later,dat ade a part of this report.
p Filed in Cier `:'s Office
Sincerely,
(S n W. ByoM
On 1 V 114 i
CITY CLERIC Soj4 H BEND, IN
SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND
wv: w.styosephwungindiamamMAreaplan
Staff Report
APC #
Owner:
Location:
Jurisdiction:
Public Hearing Date:
2701 -14
APC Initiated
Text Amendment
City of South Bend
4/15/2014
3/31/2014
Requested Action:
The requested action presents two text changes, amending Chapter 21, Zoning of the South
Bend Municipal Code: Article 4 Industrial Districts and Article 6 Overlay and Special Use
Districts
Staff Comments:
The following changes are proposed:
Article 4 Industrial Districts - Eliminate duplication of uses as both Primary Uses and
Special Exception Uses by excluding those otherwise permitted within the district.
Article 6 Overlay and Special Use Districts - Add a subsection to the Northeast
Neighborhood Development Area Overlay Zoning District to allow the developer of a
PUD to create alternative design standards appropriate to the development proposed.
Recommendation:
Based on information available prior to the public hearing the staff recommends the text
amendments be sent to the Common Council with a favorable recommendation.
Analysis:
The text amendments address certain changes that are necessary and practical to revise and
clarify various sections of the South Bend Zoning Ordinance.
APC # 2701 -14 Page 1 of 1
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
COMMISSION OF ST. JOSEPH COUNTY, IN
111 W. JEFFERSON ELVD.. R . . . 111. COUNTY -CITY BUILDING. SOUTH BEN., INDIANA ,1101 1110 1S' IS"
April 16, 2014
South Bend Common Council
4th Floor, County -City Building
South Bend, Indiana 46601
RE: Bill # 24 -14 A bill of the Common Council of the City of South Bend, Indiana,
amending Chapter 21 of the South Bend Municipal Code, Article 4, Industrial Districts
to exclude uses already permitted as a Primary Use from the Special Exception Use
subsection; and modifying Article 6, Overlay and Special Use Districts to add a new
subsection relative to the applicability of the Northeast Neighborhood Development
Area Overlay Zoning District to Planned Unit Developments
Petitioner: Area Plan Commission
Dear Council Members:
The following changes have been made to the Ordinance for the above- referenced
petition:
Ordinance:
1) A typographical error was corrected in Section II, changing the word "even" to
"event" in the last sentence of the added subsection.
A revised copy has been attached.
If you have any further questions, please call me at 574 - 235 -9571.
Sincerely, nn� --
Angela M. Smith
Planner
Filed In "':arft's
�. 16 2014
;aFI a+aa€�DE
C!?Z CL
FRNI �r)IITMRAP; i.
SERVING ST, JOSEPH COUNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA. & ROSELAND
WW W.STJOSEPHCOUNTYINDIANA CON
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 4, INDUSTRIAL DISTRICTS TO EXCLUDE USES ALREADY
PERMITTED AS A PRIMARY USE FROM THE SPECIAL EXCEPTION USE
SUBSECTION; AND MODIFYING ARTICLE 6, OVERLAY AND SPECIAL USE
DISTRICTS, TO ADD A NEW SUBSECTION RELATIVE TO THE APPLICABILITY
OF THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY
ZONING DISTRICT TO PLANNED UNIT DEVELOPMENTS.
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance
that went into effect on May 7, 2004. Any use permitted as a primary use in GI General
Industrial District is allowed as a special exception use in the LI Light Industrial District. The
modification eliminates any duplication of uses as both primary and special exception uses.
Furthermore, in August 2011, Section 21 -06.03 was added creating the Northeast
Neighborhood Development Area Overlay Zoning District (NNZO). Under the provisions for
Planned Unit Developments (PUD) the petition shall specify development standards for each
use proposed. The addition of this section would allow the developer of a PUD to create
alternative design standards appropriate to the development proposed.
NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend,
Indiana, as follows:
Section I. Chapter 21, Zoning of the South Bend Municipal Code, Article 4 Industrial
Districts, Section 21 -04.01 (a) (2) Special Exception Uses, is hereby amended by modifying
subsection (A) as follows:
(A) Unless otherwise permitted as a Primary Use in Section 21- 04 -.01 (a) (1) above an y
Any Primary Use listed in the GI District.
Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Overlay and
Special Use Districts, Section 21 -06.03 (b) Applicability, is hereby amended by adding a new
subsection (5) as follows:
Planned Unit Development — As part of an application for a Planned Unit
Development, the applicant may proposed alternative development standards that do
not adhere to the standards of the NNZO. If approved by the Common Council, these
alternative development standards will control the development of the site In the event
that no alternative development standards are proposed, then the standards contained
within this NNZO will og vern.
Section III. This Ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Attest:
City Clerk
of
Member of the Common Council
Presented by me to the Mayor of the City of South Bend, Indiana on the day
13, at
o'clock m.
Approved and signed by me on the
at o'clock . M.
I st READING 3
PUBLIC HEARING
3 id READING
NOT APPROVED.
REFERRED
PASSED
City Clerk
day of
Mayor of the City of South
2013
Indiana
Filed in v °terk'v ;Wa
APR 16 2014
:Drs
w i. iL. l ., +i i TH BEND, Ild
S" S\s�
SUBSTITUTE BILL NO. 31-14
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE SOUTH BEND COMMON
COUNCIL AMENDING VARIOUS SECTIONS IN ARTICLE 10 OF CHAPTER 14 OF
THE SOUTH BEND MUNCIPAL CODE ADDRESSING
SMOKEFREE AIR REGULATIONS
STATEMENT OF PURPOSE AND INTENT
The 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary
Exposure to Tobacco Smoke, has concluded that (1) secondhand smoke exposure causes disease
and premature death in children and adults who do not smoke; (2) children exposed to
secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute
respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes
respiratory symptoms and slows lung growth in their children; (3) exposure of adults to
secondhand smoke has immediate adverse effects on the cardiovascular system and causes
coronary heart disease and lung cancer; (4) there is no risk -free level of exposure to secondhand
smoke; (5) establishing smokefree workplaces is the only effective way to ensure that
secondhand smoke exposure does not occur in the workplace, because ventilation and other air
cleaning technologies cannot completely control for exposure of nonsmokers to secondhand
smoke; and (6) evidence from peer - reviewed studies shows that smokefree policies and laws do
not have an adverse economic impact on the hospitality industry. (U.S. Department of Health
and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A
Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for
Disease Control and Prevention, National Center for Chronic Disease Prevention and Health
Promotion, Office on Smoking and Health, 2006.) According to the 2010 U.S. Surgeon General's
Report, How Tobacco Smoke Causes Disease, even occasional exposure to secondhand smoke is
harmful and low levels of exposure to secondhand tobacco smoke lead to a rapid and sharp
increase in dysfunction and inflammation of the lining of the blood vessels, which are implicated
in heart attacks and stroke. (U.S. Department of Health and Human Services, How Tobacco
Smoke Causes Disease: The Biology and Behavioral Basis for Smoking - Attributable Disease: A
Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services,
Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and
Health Promotion, Office on Smoking and Health, 2010.)
Numerous studies have found that tobacco smoke is a major contributor to indoor air
pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is
a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and
lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is
responsible for the early deaths of approximately 53,000 Americans annually. (National Cancer
Institute (NCI), "Health effects of exposure to environmental tobacco smoke: the report of the
California Environmental Protection Agency. Smoking and Tobacco Control Monograph 10,"
Bethesda, MD: National Institutes of Health, National Cancer Institute (NCI), August 1999.)
Smokefree Air Ordinance of 2014 — Substitute Bill No. 31 -14
Page 2
The Public Health Service's National Toxicology Program (NTP) has listed secondhand
smoke as a known carcinogen. (Environmental Health Information Service (EHIS),
"Environmental tobacco smoke: first listed in the Ninth Report on Carcinogens," U.S.
Department of Health and Human Services (DHHS), Public Health Service, NTP, 2000;
reaffirmed by the NTP in subsequent reports on carcinogens, 2003, 2005.)
Based on a finding by the California Environmental Protection Agency in 2005, the
California Air Resources Board has determined that secondhand smoke is a toxic air
contaminant, finding that exposure to secondhand smoke has serious health effects, including
low birth- weight babies; sudden infant death syndrome (SIDS); increased respiratory infections
in children; asthma in children and adults; lung cancer, sinus cancer, and breast cancer in
younger, premenopausal women; heart disease; and death. (California Air Resources Board
(ARB), "Appendix II Findings of the Scientific Review Panel: Findings of the Scientific Review
Panel on Proposed Identification of Environmental Tobacco Smoke as a Toxic Air Contaminant
as adopted at the Panel's June 24, 2005 Meeting," California Air Resources Board (ARB),
September 12, 2005.)
There is indisputable evidence that implementing 100% smoke -free environments is the
only effective way to protect the population from the harmful effects of exposure to secondhand
smoke. (World Health Organization (WHO), "Protection from exposure to secondhand smoke:
policy recommendations," World Health Organization (WHO), 2007.)
In reviewing 11 studies concluding that communities see an immediate reduction in heart attack
admissions after the implementation of comprehensive smokefree laws, the Institute of Medicine
of the National Academies concluded that data consistently demonstrate that secondhand smoke
exposure increases the risk of coronary heart disease and heart attacks and that smokefree laws
reduce heart attacks. (Institute of Medicine (IOM) of the National Academies, Board on
Population Health and Public Health Practice, Committee on Secondhand Smoke Exposure and
Acute Coronary Events, "Secondhand smoke exposure and cardiovascular effects: making sense
of the evidence," Washington, DC: National Academies Press, October 2009.)
A significant amount of secondhand smoke exposure occurs in the workplace. Employees who
work in smoke - filled businesses suffer a 25 -50% higher risk of heart attack and higher rates of
death from cardiovascular disease and cancer, as well as increased acute respiratory disease and
measurable decrease in lung function. (Pitsavos, C.; Panagiotakos, D.B.; Chrysohoou, C.;
Skoumas, J.; Tzioumis, K.; Stefanadis, C.; Toutouzas, P., "Association between exposure to
environmental tobacco smoke and the . development of acute coronary syndromes: the
CARDI02000 case - control study," Tobacco Control 11(3): 220 -225, September 2002.)
Studies measuring cotinine (metabolized nicotine) and NNAL (metabolized nitrosamine NNK, a
tobacco- specific carcinogen linked to lung cancer) in hospitality workers find dramatic
reductions in the levels of these biomarkers after a smokefree law takes effect. Average cotinine
levels of New York City restaurant and bar workers decreased by 85% after the city's smokefree
law went into effect. ([n.a.], "The State of Smoke -Free New York City: A One Year Review,"
New York City Department of Finance, New York City Department of Health & Mental
Hygiene, New York City Department of Small Business Services, New York City Economic
Smokefree Air Ordinance of 2014- Substitute Bill No. 31 -14
Page 3
Development Corporation, March 2004). After the implementation of Ontario, Canada's
Smokefree Indoor Air Law, levels of NNAL were reduced by 52% in nonsmoking casino
employees and cotinine levels fell by 98 %. (Geoffrey T. Fong, et. al., "The Impact of the Smoke -
Free Ontario Act on Air Quality and Biomarkers of Exposure in Casinos: A Quasi - Experimental
Study," Ontario Tobacco Control Conference, Niagara Falls, Ontario, December 2, 2006.)
Following a Health Hazard Evaluation of Las Vegas casino employees' secondhand smoke
exposure in the workplace, which included indoor air quality tests and biomarker assessments,
the National Institute of Occupational Safety & Health ( NIOSH) concluded that the casino
employees are exposed to dangerous levels of secondhand smoke at work and that their bodies
absorb high levels of tobacco- specific chemicals NNK and cotinine during work shifts. NIOSH
also concluded that the "best means of eliminating workplace exposure to [secondhand smoke] is
to ban all smoking in the casinos." (Health hazard evaluation report: environmental and
biological assessment of environmental tobacco smoke exposure among casino dealers, Las
Vegas, NV. By Achutan C, West C, Mueller C, Boudreau Y, Mead K. Cincinnati, OH: U.S.
Department of Health and Human Services, Centers for Disease Control and Prevention,
National Institute for Occupational Safety and Health, NIOSH HETA No. 2005 -0076 and 2005-
0201 -3080, May 2009.)
Secondhand smoke is particularly hazardous to elderly people, individuals with
cardiovascular disease, and individuals with impaired respiratory function, including asthmatics
and those with obstructive airway disease. (California Environmental Protection Agency (Cal
EPA), "Health effects of exposure to environmental tobacco smoke ", Tobacco Control 6(4): 346-
353, Winter, 1997.) The Americans With Disabilities Act, which requires that disabled persons
have access to public places and workplaces, deems impaired respiratory function to be a
disability. (Daynard, R.A., "Environmental tobacco smoke and the Americans with Disabilities
Act," Nonsmokers' Voice 15(1): 8 -9.)
The U.S. Centers for Disease Control and Prevention has determined that the risk of acute
myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is
non - linear at low doses, increasing rapidly with relatively small doses such as those received
from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all
patients at increased risk of coronary heart disease or with known coronary artery disease should
avoid all indoor environments that permit smoking. (Pechacek, Terry F.; Babb, Stephen,
"Commentary: How acute and reversible are the cardiovascular risks of secondhand smoke ?"
British Medical Journal 328: 980 -983, April 24, 2004.)
Given the fact that there is no safe level of exposure to secondhand smoke, the American
Society of Heating, Refrigerating and Air Conditioning Engineers ( ASHRAE) bases its
ventilation standards on totally smokefree environments. ASHRAE has determined that there is
currently no air filtration or other ventilation technology that can completely eliminate all the
carcinogenic components in secondhand smoke and the health risks caused by secondhand
smoke exposure, and recommends that indoor environments be smokefree in their entirety.
(Samet, J.; Bohanon, Jr., H.R.; Coultas, D.B.; Houston, T.P.; Persily, A.K.; Schoen, L.J.;
Smokefree Air Ordinance of 2014- Substitute Bill No. 31 -14
Page 4
Spengler, J.; Callaway, C.A., "ASHRAE position document on environmental tobacco smoke,"
American Society of Heating, Refrigerating and Air - Conditioning Engineers (ASHRAE), 2005.)
During periods of active smoking, peak and average outdoor tobacco smoke (OTS) levels
measured in outdoor cafes and restaurant and bar patios near smoker's rival indoor tobacco
smoke concentrations. (Klepeis, N.; Ott, W.R.; Switzer, P., "Real -time measurement of outdoor
tobacco smoke particles," Journal of the Air & Waste Management Association 57: 522 -534,
2007.) Nonsmokers who spend six -hour periods in outdoor smoking sections of bars and
restaurants experience a significant increase in levels of cotinine when compared to the cotinine
levels in a smokefree outdoor area. (Hall, J.C.; Bernert, J.T.; Hall, D.B.; St Helen, G.; Kudon,
L.H.; Naeher, L.P., "Assessment of exposure to secondhand smoke at outdoor bars and family
restaurants in Athens, Georgia, using salivary cotinine," Journal of Occupational and
Environmental Hygiene 6(11): 698 -704, November 2009.)
Residual tobacco contamination, or "thirdhand smoke," from cigarettes, cigars, and other
tobacco products is left behind after smoking occurs and builds up on surfaces and furnishings.
This residue can linger in spaces long after smoking.has ceased and continue to expose people to
tobacco toxins. Sticky, highly toxic particulate matter, including nicotine, can cling to walls and
ceilings. Gases can be absorbed into carpets, draperies, and other upholsteries, and then be
reemitted (off - gassed) back into the air and recombine to form harmful compounds. (Singer,
B.C.; Hodgson, A.T.; Nazaroff, W.W., "Effect of sorption on exposures to organic gases from
environmental tobacco smoke (ETS)," Proceedings: Indoor Air 2002, 2002.) Tobacco residue is
noticeably present in dust throughout places where smoking has occurred. (Matt, G.E.; Quintana,
P.J.E.; Hovell, M.F.; Bemert, J.T.; Song, S.; Novianti, N.; Juarez, T.; Floro, J.; Gehrman, C.;
Garcia, M.; Larson, S., "Households contaminated by environmental tobacco smoke: sources of
infant exposures," Tobacco Control 13(1): 29 -37, March 2004.) Given the rapid sorption and
persistence of high levels of residual nicotine from tobacco smoke on indoor surfaces, including
clothing and human skin, this recently identified process represents an unappreciated health
hazard through dermal exposure, dust inhalation, and ingestion. (Sleiman, M.; Gundel, L.A.;
Pankow, J.F.; Jacob I11, P.; Singer, B.C.; Destaillats, H., "Formation of carcinogens indoors by
surface - mediated reactions of nicotine with nitrous acid, leading to potential thirdhand smoke
hazards," Proceedings of the National Academy of Sciences of the United Sates of America
(PNAS) 107(15): 6576 -6581, February 8, 2010.)
Unregulated high -tech smoking devices, commonly referred to as electronic cigarettes, or
"e- cigarettes," closely resemble and purposefully mimic the act of smoking by having users
inhale vaporized liquid nicotine created by heat through an electronic ignition system. After
testing a number of e- cigarettes from two leading manufacturers, the Food and Drug
Administration (FDA) determined that various samples tested contained not only nicotine but
also detectable levels of known carcinogens and toxic chemicals, including tobacco- specific
nitrosamines and diethylene glycol, a toxic chemical used in antifreeze. The FDA's testing also
suggested that "quality control processes used to manufacture these products are inconsistent or
non-existent." ([n.a.], "Summary of results: laboratory analysis of electronic cigarettes conducted
by FDA," Food and Drug Administration (FDA), July 22, 2009;
http:// www.f da. gov/ NewsEvents/ PublicHealthFocus /ucm173146.htm Accessed on: October 22,
Smokefree Air Ordinance of 2014- Substitute Bill No. 31 -14
Page 5
2009.) E- cigarettes produce a vapor of undetermined and potentially harmful substances, which
may appear similar to the smoke emitted by traditional tobacco products. Their use in
workplaces and public places where smoking of traditional tobacco products is prohibited creates
concern and confusion and leads to difficulties in enforcing the smoking prohibitions.
The Society of Actuaries has determined that secondhand smoke costs the U.S. economy
roughly $10 billion a year: $5 billion in estimated medical costs associated with secondhand
smoke exposure and $4.6 billion in lost productivity. (Behan, D.F.; Eriksen, M.P.; Lin, Y.,
"Economic Effects of Environmental Tobacco Smoke," Society of Actuaries, March 31, 2005.)
Numerous economic analyses examining restaurant and hotel receipts and controlling for
economic variables have shown either no difference or a positive economic impact after
enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is
sound economic policy and provides the maximum level of employee health and safety. (Glantz,
S.A. & Smith, L., "The effect of ordinances requiring smokefree restaurants on restaurant sales
in the United States." American Journal of Public Health, 87:1687 -1693, 1997; Colman, R.;
Urbonas, C.M., "The economic impact of smoke -free workplaces: an assessment for Nova
Scotia, prepared for Tobacco Control Unit, Nova Scotia Department of Health," GPI Atlantic,
September 2001.)
There is no legal or constitutional "right to smoke." (Graff, S.K., "There is No
Constitutional Right to Smoke: 2008," Tobacco Control Legal Consortium, 2d edition, 2008.)
Business owners have no legal or constitutional right to expose their employees and customers to
the toxic chemicals in secondhand smoke. On the contrary, employers have a common law duty
to provide their workers with a workplace that is not unreasonably dangerous. (Graff, S.K.;
Zellers, L., "Workplace Smoking: Options for Employees and Legal Risks for Employers,"
Tobacco Control Legal Consortium, 2008.)
Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on
merchandise and fixtures causes economic damage to businesses. ( "The high price of cigarette
smoking," Business & Health 15(8), Supplement A: 6 -9, August 1997.)
The smoking of tobacco is a form of air pollution, a positive danger to health, and a
material public nuisance.
The South Bend Common Council also recognizes that in February of 2014, the Indiana
Supreme Court, by a vote of 3 -2, found the City of Evansville, Indiana's smoking ban ordinance
unconstitutional due to an exemption it granted to a riverboat casino located within the city The
Supreme Court noted that the special exemption for the casino violated the Indiana
Constitution's Equal Privileges and Immunities Clause. The following ordinance has been
drafted to comply with the Indiana Supreme Court latest judicial ruling.
Smokefree Air Ordinance of 2014- Substitute Bill No. 31 -14
Page 6
ri � r 'lf r r Vr r Vr rr Vr r %in .ii. r
Section I. Various sections of Article 10 of Chapter 14 of the South Bend Municipal Code shall
be amended to read as follows:
ARTICLE 10. SMOKEFREE AIR SA40KING REGULATIONS.
Sec. 14 -61. Title.
This Article shall be known as the City of South Bend Smokefree Air Ordinance of 2014.
Sec. 14 -62. Findings and Intent
The Common Council of the City of South Bend, Indiana finds and declares that the purposes of
this Article are: (1) to protect the public health and welfare by prohibiting smoking in public
places and places of employment: and (2) to guarantee the right of nonsmokers to breathe
smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the
desire to smoke.
See. 14 61 Sec. 14 -63. Definitions.
All definitions set forth in IC 7.1 -5 -121 related to "prohibition on Smoking" shall govern; and
shall be supplemented by the following words and phrases, whenever used in this Article, shall
be construed as defined in this Section:
(a) "Bar" means an establishment that is devoted to the serving of alcoholic beverages
for consumption by guests on the premises and in which the serving of food is only incidental to
the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail
lounges, and cabarets.
(b) "Business" means a sole proprietorship, partnership, joint venture, corporation, or
other business entity, either for -profit or not - for - profit, including retail establishments where
goods or services are sold; professional corporations and other entities where legal, medical,
dental, engineering, architectural, or other professional services are delivered; and private clubs.
(c) "E- cigarette" means any electronic oral device, such as one composed of a heating
element, battery, and /or electronic circuit, which provides a vapor of nicotine or any other
substances, and the use or inhalation of which simulates smoking. The term shall include an y
Indiana Code § 7.1 -5 -12 sets forth definitions for the following terms: ashtray, place of employment, public
place, and smoking.
Smokefree Air Ordinance of 2014- Substitute Bill No. 31 -14
Page 7
such device, whether manufactured, distributed, marketed, or sold as an e- cigarette, e- cigar, e-
pipe, or under any other product name or descriptor.
(d) "Employee" means a person who is employed by an employer in consideration for
direct or indirect monetary wages or profit, and a person who volunteers his or her services for a
non - profit entity.
(e) "Employer" means a person, business, partnership, association, corporation, including
a municipal corporation, trust, or non -profit entity that employs the services of one or more
individual persons.
(f) "Enclosed Area" means all space between a floor and a ceiling that is bounded on at
least two sides by walls, doorways, or windows, whether open or closed. A wall includes any
retractable divider, garage door, or other physical barrier, whether temporary or permanent and
whether or not containing openings of any kind.
(g) "Health Care Facility" means an office or institution providing care or treatment of
diseases, whether physical, mental, or emotional, or other medical, physiological, or
psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other
clinics, including weight control clinics, nursing homes, long -term care facilities, homes for the
aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists,
physicians, psychiatrists, dentists, and all specialists within these professions. This definition
shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within
health care facilities.
(h) "Playground" means any park or recreational area designed in part to be used by
children that has play or sports equipment installed or that has been designated or landscaped for
plav or sports activities, or any similar facility located on public or private school grounds or on
city grounds.
(i) "Private Club" means an organization, whether incorporated or not, which is the
owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at
all times, which is operated solely for a recreational, fraternal, social, patriotic, political,
benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic
beverages incidental to its operation. The affairs and management of the organization are
conducted by a board of directors, executive committee, or similar body chosen by the members
at an annual meeting. The organization has established bylaws and/or a constitution to govern its
activities. The organization has been granted an exemption from the payment of federal income
tax as a club under 26 U.S.0 Section 501.
0) "Restaurant" means an eating establishment, including but not limited to- coffee
shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers
for sale food to the public, guests, or employees, as well as kitchens and catering facilities in
Smokefree Air Ordinance of 2014- Substitute Bill No. 31 -14
Page 8
which food is prepared on the premises for serving elsewhere. The term "restaurant" shall
include a bar area within the restaurant.
(k) " Retail Tobacco Store" means a retail store:
1. Utilized primarily for the sale of tobacco and tobacco - related products
included, but not limited to, cigarettes, cigars, tobacco, pipes, cigarette paper
and lighters;
2. That is not licensed for the consumption of meals or alcoholic beverages on
the premises or operated in conjunction with another business that is licensed
for the on- premises consumption of meals or alcoholic beverages; and
3. In which the sale of tobacco and tobacco- related products accounts for not less
than eighty -five percent (85 %) of the store's gross sales;
Retail Tobacco Store does not include a tobacco department of a larger commercial
establishment such as a grocery store, department store, discount store or hotel.
(1) "Service Line" means an indoor or outdoor line in which one (1) or more persons are
waiting for or receiving service of any kind, whether or not the service involves the exchange of
money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket
lines, and sporting event lines.
(m) "Shopping Malr' means an enclosed public walkway or hall area that serves to
connect retail or professional establishments.
(n) "Smoking" means inhaling, exhaling, burning or r carrying any lighted cigar, cigarette,
or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, in any
manner or in any form. "Smoking" also includes the use of an e- cigarette which creates a vapor,
in any manner or in any form, or the use of any oral smoking device for the purpose of
circumventing the prohibition of smoking in this Article.
(o) "Sports Arena" means a place where people assemble to engage in physical exercise,
participate in athletic competition, or witness sports or other events, including sports pavilions,
stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and
bowling alleys.
Sec. 14 -64. Application of Article to City -Owned Facilities and Property.
This Article shall apply to all enclosed areas, including buildings and vehicles owned leased or
operated by the City of South Bend.
Smokefree Air Ordinance of 2014- Substitute Bill No. 31 -14
Page 9
Sec. 14 -65. Prohibition of Smoking in Enclosed Public Places.
Smoking shall be prohibited in all enclosed public places within the City of South Bend
including but not limited to, the following places:
(a) Aquariums, galleries, libraries, and museums;
(b) Areas available to the general public in businesses and non -profit entities patronized
by the public, including but not limited to, banks, laundromats, professional offices,
and retail service establishments;
(c) Bars,
(d) Bingo facilities;
(e) Child care and adult day care facilities;
(f) Convention facilities;
(g) Educational facilities, both public and private;
(h) Elevators;
(i) Gaming facilities;
0) Health care facilities;
(k) Hotels and motels;
(1) Lobbies, hallways, and other common areas in apartment buildings, condominiums,
trailer parks, retirement facilities, nursing homes, and other multiple -unit residential
facilities,
(m) Polling places;
(n) Public transportation vehicles, including buses and taxicabs, under the authority of
the City of South Bend, and ticket, boarding, and waiting areas of public
transportation facilities, including bus, train, and airport facilities;
(o) Restaurants;
(p) Restrooms, lobbies, reception areas, hallways, and other common -use areas;
(q) Retail stores;
(r) Rooms, chambers, places of meeting or public assembly under the control of the
City of South Bend;
(s) Service lines;
(t) Shopping malls;
(u) Sports arenas, including enclosed places in outdoor arenas; and
(v) Theaters and other facilities primarily used for exhibiting motion pictures, stage
dramas, lectures, musical recitals, or other similar performances.
Sec. 14 -66. Prohibition of Smoking in Enclosed Places of Employment.
(a) Smoking shall be prohibited in all enclosed areas of places of employment
without exception. This includes, without limitation, common work areas, auditoriums,
classrooms, conference and meeting rooms, private offices, elevators, hallways, medical
facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed
facilities.
Smokefree Air Ordinance of 2014- Substitute Bill No. 31 -14
Page 10
(b) This prohibition on smoking shall be communicated to all existing employees by the
effective date of this Article and to all prospective employees upon their application for
employment.
Sec. 14 -67. Prohibition of Smoking in Private Clubs.
Smoking shall be prohibited in all private clubs.
Sec. 14 -68. Prohibition of Smoking in Enclosed Residential Facilities.
Smoking shall be prohibited in the following enclosed residential facilities:
(a) All private and semi - private rooms in nursing homes; and
(b) All hotel and motel rooms that are rented to ug ests.
Sec. 14 -69. Prohibition of Smoking in Outdoor Public Places.
Smoking shall be prohibited in the following outdoor places:
(a) Within a reasonable distance of eight feet (8') outside entrances, operable
windows, and ventilation systems of enclosed areas where smoking is
prohibited, so as to prevent tobacco smoke from entering those areas:
(ej (b) In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be
prohibited in, and within eight feet (8') of, bleachers and grandstands for use
by spectators at sporting and other public events;
td)- (c) In, and within eight feet (8') of, all outdoor playgrounds;
Ee) (d) In, and within eight (8') of, all outdoor public transportation stations,
platforms, and shelters under the authority of the City of South Bend;
(e) In all outdoor service lines, including lines in which service is obtained by
persons in vehicles, such as service that is provided by bank tellers, parking
lot attendants, and toll takers. In lines in which service is obtained by persons
in vehicles, smoking is prohibited by both pedestrians and persons in vehicles,
but only within eight feet (8') of the point of service; and
Smokefree Air Ordinance of 2014
Page 11
In outdoor common areas of apartment buildings, condominiums, trailer narks, retirement
facilities, nursing homes, and other multiple -unit residential facilities, except in designated
smoking areas, not to exceed twenty -five percent (25 %) of the total outdoor common area, which
must be located at least eight feet (8') outside entrances,_ operable windows, and ventilation
systems of enclosed areas where smoking is prohibited.
See. 44-74. Sec. 14-70. Where Smoking Not Reeulated.
Notwithstanding any other provision of this Article to the contrary, smoking shall not be
prohibited in private residences, unless used as a childcare, adult day care, or health care facility;
and in retail tobacco stores.
S°.44 -7z Sec. 14 -71. Declaration of Establishment or Outdoor Area as Nonsmoking.
'Notwithstanding any other provision of this Article, an owner, operator, manager, or other
person in control of an establishment, facility, or outdoor area may declare that entire
establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in
any place in which a sign conforming to the requirements of Section 1012(A) is posted.
4 7J. Sec. 14 -72. Posting of Signs and Removal of Asbtrays?
�
The owner, operator, manager, or other person in control of a public place or place of
employment where smoking is prohibited by this Article shall:
(a) Clearly and conspicuously post "No Smoking" signs or the intemational "No Smoking"
symbol (consisting of a pictorial representation of a buming cigarette enclosed in a red circle
with a red bar across it) in that place, printed on a minimum size of 8" x 10 ".
(b) Clearly and conspicuously post at every entrance to that place a sign stating that smoking
is prohibited.
'This section replaces current section 14 -62 entitled "Sienaee Required" of the South Bend Municipal Code.
Smokefree Air Ordinance of 2014 - Substitute Bill No. 31 -14
Page 12
(c) Clearly and conspicuously post on every vehicle that constitutes a place of employment
under this Article at least one (1 ) sign, visible from the exterior of the vehicle, stating that
smoking is prohibited.
(d,) Remove all ashtrays from any area where smoking is prohibited by this Article, except for
ashtrays displayed for sale and not for use on the premises.
°°�4-. See. 14 -73. Non - retaliation, Non - waiver of Rights.
(a ) No person or employer shall discharge, refuse to hire, or in any manner retaliate
against an employee, applicant for employment, customer, or resident of a multiple -unit
residential facility because that employee, applicant, customer, or resident exercises any ri is
afforded by this Article or reports or attempts to prosecute a violation of this Article.
Notwithstanding Section 14 -76, violation of this Subsection shall be punishable by a fine not to
exceed one thousand dollars ($1,000) for each violation.
(b) An employee who works in a setting where an employer allows smoking does not
waive or otherwise surrender any legal rights the employee may have against the employer or
any other
c°44 -? -5. See. 14-74. Enforcement.
(a) This Article shall be enforced by the Department of Code Enforcement and the Police
Department or an authorized designee.
(b) Notice of the provisions of this Article shall be given to all applicants for a business
license in the City of South Bend.
(c) Any citizen who desires to register a complaint under this Article may initiate
enforcement with the Department of Code Enforcement.
(d) The Health Department, Fire Department, or their designees may, while an
establishment is undergoing otherwise mandated inspections, inspect for compliance with this
Article.
(e) An owner, manager, operator, or employee of an area regulated by this Article shall
direct a person who is smoking in violation of this Article to extinguish the product being
smoked. If the person does not stop smoking, the owner, manager, operator, or employee shall
refuse service and shall immediately ask the person to leave the premises. If the person in
violation refuses to leave the premises, the owner, manager, operator, or emplovee shall contact a
law enforcement agency.
(f) Notwithstanding any other provision of this Article, an employee or private citizen
may bring legal action to enforce this Article.
Smokefree Air Ordinance of 2014
Page 13
(g) In addition to the remedies provided by the provisions of this Section, the
Department of Law or any person aggrieved by the failure of the owner, operator, manager, or
other person in control of a public place or a place of employment to comply with the provisions
of this Article may apply for injunctive relief to enforce those provisions in any court of
competent Jurisdiction.
See. 14 63 See.-4446. See. 14 -75. Violations and Penalties.
(a) Any one violating any of the provisions of this Article shall be subject to the
following penalties:
1. Citations: For the first violation in a calendar year, a citation shall be issued
imposed a fine of fifty dollars ($50.00); one hundred dollars for the 2 "a
violation; and two hundred fifty dollars for all violations thereafter with such
fines payable through the Ordinance Violations Bureau
2. Each violation shall constitute a separate offense.
(b) Except as otherwise provided in Section 14 -74 (a), a person who owns,
manages, operates, or otherwise controls a public place or place of employment and who fails to
comply with the provisions of this Article shall be guilty of an infraction, punishable by:
1. A fine of one hundred dollars ($100) for a first violation.
2. A fine of two hundred fifty dollars ($250) for a second violation within one (1)
year.
3. A fine of one thousand dollars ($1,000) for each additional violation within
one (1) year.
(c) In addition to the fines established by this Section, violation of this Article by
a person who owns, manages, operates, or otherwise controls a public place or place of
employment may result in the suspension or revocation of any permit or license issued to the
person for the premises on which the violation occurred.
(d) Repeated violation of this Article is declared to be a public nuisance, which
may be abated by the Department of Law seeking a restraining order, preliminary and permanent
injunction, or other means provided for by law, and may bring action to recover the costs of the
nuisance abatement.
(e) The Department of Law is authorized to bring civil
action against any alleged violator of this Article for all unpaid fines, and any and all expenses
incurred by the City to enforce the provisions of this Article to seek compliance from the alleged
violator.
Smokefree Air Ordinance of 2014
Page 14
(f) Each day on which a violation of this Article occurs shall be considered a
separate and distinct violation. Each violation of this Article shall constitute a separate offense.
°°44- -',-',. Sec. 14 -76. Public Education.
The Department of Code Enforcement shall engage in a continuing program to explain and
clarify the purposes and requirements of this Article to citizens affected by it, and to guide
owners, operators, and managers in their compliance with it. The program may include
publication of a brochure for affected businesses and individuals explaining the provisions of this
Article.
Sec. 14 -77. Other Applicable Laws.
This Article shall not be interpreted or construed to permit smoking where it is otherwise
restricted by other applicable laws.
Sec. 14-78. Liberal Construction.
This Article shall be liberally construed so as to further its purposes.
Sec. 14 -79 Through Sec. 14 -92 Reserved.
Section II. Severability: If any provision, clause, sentence, or paragraph of this Article or the
application thereof to any person or circumstances shall be held invalid, that invalidity shall not
affect the other provisions of this Article which can be given effect without the invalid provision
or application, and to this end the provisions of this Article are declared to be severable.
Section II1. This ordinance shall be in full force and effect from and after sixty (60) after the
passage by the Common Council, approval by the Mayor and l�tion.
Council Member Gavin Ferlic
Council Member Tim Scott
Council Member Dr. Fred Ferlic
Council Member Valerie Schey
Smokefree Air Ordinance of 2014
Page 15
„
I, John Voorde, hereby verify that the foregoing ordinance was passed /defeated by the
South Bend Common Council on the day of , 2014, by a vote of
in favor and against.
John Voorde, City Clerk
South Bend, Indiana
day of
2014, at
o'clock .m.
Janice Talboom, Deputy City Clerk
1 st READING
PUBLIC HEARING
3rd READING
NOT APPROVED
REFERRED
PASSED
day of 2014, at
Mark Neal, Deputy Mayor
South Bend, Indiana
Filed in :lerws office
MAY -1 2014
JOHN T)C3r`iifi
CITY CLERK, SOJIlt SEND, IN
Oliver J. Davis
President
Derek D. Dieter
Vice - President
Valerie Schey
Chairperson, Committee
of the Whole
Tim Scott
First District
Henry Davis, Jr.
Second District
Valerie Schey
Third District
Fred Ferlic
Fourth District
David Varner
Fifth District
Oliver J. Davis
Sixth District
Derek D. Dieter
At Large
Gavin Ferlic
At Large
Karen L. White
At Large
City of South Bend
Common Council
441 County-City Building • 227 W. Jefferson Blvd
South Bend, Indiana 46601 -1530
May 1, 2014
The South Bend Common Council
4th Floor County -City Building
South Bend, Indiana 46601
Substitute Bill No. 31 -14 Smokefree Air Regulations
Dear Council Members:
(574) 235 -9321
Fax (574) 235 -9173
http: / /www.southbmdin.gov
We are filing Substitute Bill No. 31 -14 addressing Smokefree Air
Regulations. It reflects the following clarifications:
• Page 10, Section 14 -69 deletes former paragraph (b) addressing
outdoor property and re- letters the other paragraphs; and
Page 11, deletes former Section 14 -70 Proibition of Smoking in
Outdoor Places of Employment and re- numbers the remaining
sections of the proposed ordinance.
We seek your support. Thank you.
Most sincerely,
Gavin Ferlic
Council Member at Large
Tim Scott
1St District Council Member
Dr. Fred Ferlic
4th District Council Member
Valerie Schey
Std District Council Member
Filed Ir Office
t;
-..� 2014
J ®Hit u a
CITY CLERK, 8S)ti? `q BEND, IN
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 corner of a parcel
conveyed to Roger R. Atwell and Eleanor Atwell as described in Quit Claim Deed No. 9416618;
thence South 900 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
Osborne as described in Warranty Deed 9326881; thence North 00 058'55" 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 01 030'47" 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 corner 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 1 030'47" 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.
PRESENTED
NOT ;4PROVED
WDOPTCU
oLk
Member of the Common Cou
/�Y�s'� °,
Iilo GebU a 03 c � v�1 ��.:us,
Filed
r. ice
0 1014
CITY
W` J?!ti f3EstiD, IN
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
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FIVE (5) YEAR REAL
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, and which is more particularly described as:
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 corner 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. 1/4) 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
Osborne as described in Warranty Deed 9326881; thence North 00 058'55" 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 corner 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, 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 a period of up to such years as set forth in the title
of this resolution, 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 se .
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.
PkESENTED
POT AppiEOVu
60PTW
Member of the Common Coutfeil
Coma ats tin`il an WRa I�Wi
Filed ire
Iiiice
_7
Z014
JOWi , A .._1
CITY CLERK, i4 1. ri BEND, IN
6'(( P3. I`t -s6
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
1020 Saint Peter Street
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
(5) FIVE -YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
Robert and Catherine Kossler
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Residentially Distressed
Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as 1020
Saint Peter Street, South Bend, Indiana, and which is more particularly described as follows:
THAT PART OF THE NORTHWEST QUARTER SECTION 1, TOWNSHIP 37 NORTH,
RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA, WHICH IS DESCRIBED AS LOT "B" AS SHOWN ON THE PLAT OF "SORIN'S
SECOND SUBDIVISION SIXTH REPLAT" RECORDED JUNE 13TH, 2012 IN THE OFFICE
OF THE ST. JOSEPH COUNTY, INDIANA RECORDER AS INSTRUMENT NO. 1217687.
CONTAINING 0.17 ACRES MORE OR LESS
SUBJECT TO ALL LEGAL RIGHT —OF -WAYS, EASEMENTS, AND RESTRICTIONS OF
RECORD.
and this property has Tax Key Number 018 -5104 -3651 be designated as a Residentially
Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend
Municipal Code Sections 2 -76 et seq., and;
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and
WHEREAS, the Council held a- public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for a residentially
distressed area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:.
SECTION I. The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of Indiana
Code 6 -1.1 -12.1 et sea., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one of the
following conditions as formally established in Ordinance No. 9394 -03, which was passed on
February 10, 2003:
A. The area is comprised of parcels that are either unimproved or contain only one (1)
or two (2) family dwellings designed for up to four (4) families, including accessory
buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36 -7 -9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36 -7 -9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as documented
by census information, local building and demolition permits, or certificates of
occupancy, or the areas are owned by Indiana or the United States; or
G. The area (plus any areas previously designated under this subsection) will not
exceed ten percent (10 %) of the total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable standards
for such development.
B. That the estimate of the value of the redevelopment is reasonable for projects of this
nature;
C. That the other benefits about which information was requested are benefits that can
be reasonably expected to result from the proposed described redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3.
2
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local
code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is completed
within five (5) calendar years from the date of the adoption of this Resolution by the
Common Council.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating
the area described herein as a Residentially Distressed Area for the purposes of tax abatement.
Such designation is for Real property tax abatement only and is limited to five (5) calendar years
from the date of adoption of the Declaratory Resolution by the Common Council as shown by
the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17.
SECTION V. The Common Council hereby determines that the property owner is qualified for
and is granted Real property tax deduction for a period of five (5) years, and further determines
that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South
Bend and Indiana Code 6 -1.1 -12.1 et sea.
SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
�i:f.�E1vTEU `r
NOT APFROY10'
�qpR
Member of the Common Courdil
ftnirm d rv5 ",cArg
CMWja ononC16, WA
File ..,W 10
L
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that we, Robert and Catherine
Kossler, residents of the City of South Bend, St. Joseph County, State of Indiana, do
hereby constitute and appoint Dale Devon to be our true and lawful representative as
contingent purchaser of the property with full power in our name and stead for and on
our behalf to represent Robert and Catherine Kossler before any commission meeting
that the City of South Bend, Indiana may have including its Common Council for the
purpose of obtaining approval of tax abatement for 1020 St. Peter, South Bend,
46617.
I hereby ratify all that my said contingent purchaser shall lawfully due or cause to
be done by virtue of these presents.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this day
Filed in Clerk's Ofiic:.'
I
pi `s u $ Z014 s
.s
CITY CLERK, SOU,(,ti REND, IN
STATE OF INDIANA )
)SS:
ST. JOSEPH COUNTY )
Robed ke sr. ,- ?VX' X✓ 4
(Name)
a}btl w Ka55lAe �/Au
(Name)
Before me, the undersigned, a Notary Public in and for said County and
State, came Robert and Catherine Kossler and acknowledged the execution of
the above Limited Power of Attorney. Witness my hand and official seal, this 5
May 2014.
My Commission Expires: IqAtm- M, 2019
Public)
F L � NICHOLAS R CARLSON
�'.0 ?ARY PUBLIC
SEAL
STATE OF INDIANA
MY COMMISSION EXPIRES APR. 79, 2019
r' -d 03_ (� -sl
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
211 West Washington Street
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FOUR (4) YEAR REAL
PROPERTY TAX ABATEMENT FOR
THE TOWER AT WASHINGTON SQUARE 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 211 West
Washington, South Bend, Indiana, and which is more particularly described as follows:
Lots 239 & 240 &
Vac Alley W & Adj
OP
and which has Key Number 018- 1008 -0321 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 a period of four (4) 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 seq.
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
[40-T APPROWD
Member of the Common Council
%yj cl tgt3 bin !3 or. -iy t2 tpv1,19 2n
L°OUI1Gi� �io" ga°I1 �iiJIi
a� ied 359 Clark'3 Off3ca
APR T.7 2014
JOHN H00770E
CITY CLERK, SOUTH SEND, 3N
rl:� �\�1 0 C� , l `i --S ).
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
525 East Colfax Avenue
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT
(8) YEAR REAL PROPERTY TAX ABATEMENT FOR
COLFAX HILL PARTNERS, LLC
WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for
consideration by the Common Council of the City of South Bend, Indiana requesting that the
area located at 525 East Colfax Avenue which is more particularly described as:
Lots 89 -90 55 Ft W End Ea
O P Lowell and
Lot 89
44'N Side
Ex 55'W End
O P Lowell and
110 Ft E End Lot 90 22X110
Ft S Side E End Lot 89
O P Lowell
And which has Key Numbers 018 -5005 -0128, 018 -5005 -0129, and 018 -5005 -0130 presently at
this point in time, be designated as an Economic Revitalization Area under the provisions of
Indiana Code § 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and;
WHEREAS, petitioner has agreed to and has accepted responsibility to report any
changes in the final legal description and to report the final, appropriate Key Number to the
Department of Community Investment and to the Office of the City Clerk; and
WHEREAS, the Department of Community Investment has concluded an investigation
and prepared a report with information sufficient for the Common Council to determine that the
area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seq., and
South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats
showing the boundaries and such other information regarding the area in question as required by
law; and
WHEREAS, the Community Investment Committee of the Common Council has
reviewed said report and recommended to the Common Council that the area qualifies as an
Economic Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the Petition for Real
Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet
the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds the following:
A. That the description of the proposed redevelopment or rehabilitation meets the
applicable standards for such development;
B. That the estimate of the value of the redevelopment or rehabilitation is reasonable
for projects of this nature;
C. That the estimate of the number of individuals who will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to result from the
proposed described redevelopment or rehabilitation;
D. That the estimate of the annual salaries of those individuals who will be employed
or whose employment will be retained by the Petitioner can be reasonably expected to result
from the proposed redevelopment or rehabilitation;
E. That the other benefits about which information was requested are benefits that
can be reasonably expected to result from the proposed described redevelopment or
rehabilitation; and
F. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3.
SECTION III. The Common Council hereby determines and finds that the proposed described
redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the
Statement of Benefits, Sections I through 3 of the Petition for Real Property Tax Abatement
Consideration and the Memorandum of Agreement between the Petitioner and the City of South
Bend, and that the Statement of Benefits form completed by the petitioner, said form being
prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under
Indiana Code § 6- 1.1- 12.1 -3.
N O
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 eight (8) years as shown by the attachment
pursuant to Indiana Code 6 -1.1- 12.1 -17.
SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana
Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration.
SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
Member of the Common ouncil
841► of this N5 is D"ty #�3 4
aacs
Filed its <,_ '' Office
ARIZ 2014
JOHN VOORDE
CITY CL EM,, SOUTH BEND, IN
450 T)Jp
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CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
April 28, 2014
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Real Property Tax Abatement Petition for:
COLFAX HILL PARTNERS, LLC
Dear Council Member Ferlic:
Please find attached the Department of Community Investment's report on a real property
tax abatement petition for the above - referenced petitioner. Also attached is a copy of the
petition, Statement of Benefits form, and supporting information. The project calls for the
construction of a (nixed -use development at 525 East Colfax.
The report contains the Department's findings relative to the above petition. The total
cost for the construction is estimated at $2,900,000. The project meets the qualifications
for an eight -year real property tax abatement and a representative from Colfax Hill
Partners, LLC will be available to meet with the Committee on Monday, May 12, 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.
SincerelZ4g
)
Direne Develop t
Attachments
cc: South Bend Common Council Members
Deputy Mayor Mark Neal
Scott Ford
Brock Zeeb
PIA\x1\(I NEalnaoluioou E %GAGY)IENT BI smms DECEI.oP.m E \T Ecowvlc RES01 W1,N
Jul\ KAI> P\fll LA C. MINI N CDRIs FII I DpI. D13AIDE.1 \ES
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$11111: 1411115,
Soul U BIND. IN 4660 1- 1830
v 1965
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: KATHY HAHN
SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR:
COLFAX HILL PARTNERS. LLC
DATE: April 28, 2014
PHON1:: 574235 -9371
FAX: 574935 -1x121
On August 28, 2014, a petition for real property tax abatement consideration for property
located at 525 East Colfax was filed with the City Clerk by Colfax Hill Partners, LLC.
Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of
South Bend, this petition was referred to the Department of Community Investment for
purposes of investigation and preparation of a report determining whether the area
qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all
zoning requirements have been met.
The Department of Community Investment has reviewed the petition, investigated the
area, and makes the following report.
PROJECT SUMMARY
Colfax Hill Partners, LLC was formed to purchase and develop the vacant site located on the northwest
corner of Colfax Avenue and Hill Street in South Bend, Indiana. The company's background in
commercial development and leasing, architecture, and construction was primarily obtained in Chicago,
Denver, and Wyoming. They plan to develop a mixed use building consisting of approximately 4,725
square feet of ground floor commercial space and 18,275 square feet of market rate residential
apartments (13 units) for a total development of approximately 23,000 square feet. Their development
plan reflects urban design principles and meets the criteria established in the East Bank Village Master
Plan for the infill site which has been vacant for over 15 years. They plan to attract and retain the
millennial demographic. The Department of Community Investment and the Redevelopment
Commission have determined that this project is necessary for economic growth and have requested
proposals in order to choose a development partner. Colfax Hill Partners, LLC was chosen because it
PIAS \I \C. NEUIN90RIUMD ENGA((EVr.]l at sl,ESN DE\'r.1.OPNE]r ECONOMIC REX04RCES
Jere KAIX PAN31 AC.MnIR CRRIS FIF I Drtc [1111.DE. KRS
South Bend Common Council
RE: Tax Abatement for Colfax Hill Partners, LLC
April 28, 2014
Page 2
It was determined they best met the established criteria. The site is surrounded by successful area
investment including Eddy Street, the Triangle Neighborhood, St. Joseph High School, and multiple
downtown South Bend projects. The successful development of this site wi l] further the revitalization of
the East Bank Village and Downtown South Bend as well as enhance the ongoing area investment. The
project cost is $2,900,000.
Based on an eight year abatement, taxes abated would be $299,443 and net tax paid would be
$416,172.
EMPLOYMENTIMPACT
Per the petition, are not any jobs forecasted to be retained or created; however, there will be created
jobs for the businesses in the commercial space.
ABATEMENT QUALIFICATION
1. A review of the tax abaterne is previously granted finds that the Petitioner, Colfax Hill Partners,
LLC has not been granted any previous abatements.
2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned
for the proposed project.
3. The property is located in the East Bank Business District.
4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the
qualifications for an (8) eight -year real property tax abatement under section 2 -80 Mixed Use
Developments in the East Bank Business District.
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City of South Bend p s."nut
Petition for Incentives
Petition must Include d $350 fjing feelppyoble tp the [fry Clerk's OJJice beJare proressing can be 2omplete 1415
legal name asiegistere1 wnh' SOU etay of ?: Colfax Hill Partners, LLC
Business smucture' LLC
Company website" ':. colfaxathill.cem
Proposed Project Information
Propo'Wd proles address `: 525 E Colfax Avenue, South Bend, IN parent "(oinpanY na'ma - "'.; N/q
CJty; State, Zip
South Bend, IN
Legal owner `Colfax Hill Padners, LLC
She apeage or acreage required' -
Approximately 0.5 Acres
Is the real estate ovined or � . Owned
Squarefeetoffai:llty -
YP983 SP
I /leased6p whom N/A
Primary Contact Information
pBmaryrompaq'y'dnfaci came ',
qudm Siemdzki
Tide' partner
Address of company contact
1115 Burns Avenue
Phone' 773.343.7416
Clly State,2lp South Bend, IN
lEmall Audra @wItaxathill.com
Senior Official Information
Company senior oHlGal'hSme Audra Siamdzki
Title " -� - - partner
Address af<ompany contact (it diHerentfrom' Same
phone 773.343.7416
City, State; Zip EmaiE Audra @colfaxathill.com
Consultant Information/Agent
Mir ed bOSi. wnspltant/a Ie. riarhe " Rich Deahl, BamesBThomburg [onsukanfreleaie
Agdress
100 N Michigan Street, Suite 700 Local egmwmic development partners
appronl (Y /N
Cltg State, zip
South Bend, IN 46601 Emait rdeahl @bbaw.com
Overview Project
Brief dettrlption`otgnur -"
Colfax Hill Partners, LLC was formed to purchase and develop the vacant she located on the northwest comer of Colfax
company, Project, and why the
pronomic necessary /or
Avenue and Hill Street in South Bend, Indiana. Our background is in commercial development and leasing,
architecture, and construction primarily obtained in Chicago, Denver, and Wyoming. We are eager to share our varied
economic growth -
experiences and urban understanding with South Bend through the development 525 Colfax Avenue. We plan to
develop a mixed use building consisting of approximately 4,725 SF of ground floor commercial space and 18,275 SF of
residential apartments for a total development of approximately 23,000 SF. Our development plan reflects urban design
-
principles and meets the criteria established in the East Bank Village Master Plan for this infill site which as been
-
vacant for over 15 years. We will be privately investing over $3.1 M to complete this project and believe that the unique
aspects of our design will help to attract and retain the millennial demographic. Community Investment and the
Redevelopment Commission have determined that this project is necessary for economic growth and requested
proposals in order to choose a development partner. Colfax Hill Partners was chosen because it was determined that
we best met the established criteria. This site is surrounded by recent, successful area investment including Eddy
-
Street, the Triangle Neighborhood, St. Joseph High School, and multiple downtown South Bend projects. The
successful development of this site will further the revitalization of the East Bank Village and Downtown South Bend as
well as enhance the ongoing area investment.
Certified Technology. Park approprkim
No
Conimunity Bevltallaatbm Enhancement.
No
Certifythatthe Building permit has not beeh N NYmbet"bti.6 eQk31'rn °pesd9ed by 11 71 - -' 13
Issued
dthisisapoitionf?rpe lsonalprop.rKytaaab5tement ;has N/A
the equipment been installed
New Projectinvestments
Calendar Year
E•
2015
2016
2017
2018
••
2020
2021
Land A[qulsition '.
2000o.o0
Building Lease; Payments.
Building Purchase costs
New Building Construction
1450000
1450000
Existing Building Improvements '.-
New Machinery&Equipment .
Special Tooling/Retooling
New Furniture /Fixtures
15000
New Computer /IT Hardware
Newioftware:
OnsIte flall Infrastructure
On-ske Fiber Infrastructure
TOTAL
onsigning
Full-Time Permanent Indiana-Resident
Calendar Vear lobsret57rietl
..
Positions by Calendar Year
Total'h ' dudy 'Cumvlative pof"netNmfull'iI
wage w/o permanentjobs created
fd4e or:
bonuses
...
ie
at project
HouNy'a'veraae wage, w /o:' Totaltiainin. 'TO£alitto be
benefits or bonuses of - expenditure - trained -not
cumulative net new jobs not cumulative
cumulative
2014
2015
20]6
20
2038
2019
20M
2021
2022
2023'
2024.
2025
FullOme
Part4ime
Iabdiers
Technical
Managerial
Administrative
o 00 baVie kq'qlv4aua respons a or mat With
"64 on& ukIn 7
Does ypur -'no n- yyhave an EEO AI "ring policy
a
"Are you an EEO employer?
• ' ' •
• - ' •
• • • - • - .
Please describe your cotnmitment to
diversity and inclusion by detailing your
outreach andrecrukment efforts forthe last
three years as well as currentpolides..
FUli Time
.Part Time
Full Tlme
Part Time -
;uO Time
part Tirrie
Colfax Hill Partners, LLC is focused on
providing equal opportunities to all
who are qualified and able to complete
Xlspanic_
'. -Aston -
the work. Furthermore, Colfax Hill
Partners is owned and managed by
Indian -'
'Female
women and focused on the furthering
of women business enterprises.
' other
er
Information is required oin both theconstruction companies and the
companies which will provide materials purchased for this project.
Please complete the table below with the appropriate information: If Qualify Earned Points
you qualify for the points; please enter the full amount of available (Yes or No)
points.
Available Points
1
- Construction Related (contractors):
A. Employ Local Companies (75 %)
Yes 20
20
B.
Purchase Materials from Local Companies(78 %)
Ves 20
20
C.
Require Employees vs Independent Contractors
No 0
19
D.
Require Prevailing Wage (Davis Bacon)
No 0
22
E.
Require Health Benefits
Yes 22
22
F.
Require PensionBenefts
No 0
18
7777—jrvlainiairt,Afifirrnative
Action Plan
No 0
20
Sub -total Construction Related:
62
141
2
Wage& Benefit Related (owner):
A.
Pay Target Wage Levels
N/A
33
B.
Provide Health Benefits
N/A
34
C.
Provide Pension Benefits
N/A
29
0.
Provide Training
N/A
28
E.
Provide Child Care-
N/A
15
F.
Provide Transportation Assistance
N/A
14
G.
Provide Employer Assisted Housing program
N/A
9
Sub -total Wage &Benefit Related:
0
162
3
Workforce Related:
A.
Create New Jobs
No
42
B. -
Retain Existing lobs
No
41
C.
Maintain Affirmative Action Plan
No
3S
D.
-
Provide Targeted Hiring Preference
No
34
Su_b total Workforce Related:
0
152
4
- Su000rt a Mu ' i al Facility: -
A
Support a 5B7Municipal Facility" (donations tothe
zoo, conservatory; museum; etc.)
Yes 84
84
Name of Facility.
Poh vlatomi Zoo, Center for History, Studebaker Museum
- Sub -total MuMcipafFacility:
84
84
- Sub -total from Above:
148
539
For Staff Use Only Below This Line
What is the current assessed value?
Real Pro party:
Personal Property:
What is the projected assessed value?
Reat Property:
PersonatProperty:
What is the tax key number for this project?
What Is the six digit NAICS code?
Please attach a Goggle map anq street view of the location.
Please list the amount of real and personal property taxes
paid for the last five years when applicable. -
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.
YorN
Points
Paints
Public Benefit Item:
�rProteet Reldtedx _
5
A. -
Redevelop a Site that has Special Needs
Yes
49
49
B.
Develop Based on Local University Research
35
C.
Achieve a Physical Element of Plan
Yes
36
36
Sub -total Project Related:
85
120
6
Super
size Projects looint valuesaresumulauvei:
Yes
25
25
A. -
100% to 199%
e,
200% to 299%
Yes
68
68
C.
300% to 399%
65
D. -
400% and Over
52
Sub -total Super Size Prolects:
93
210
7
Pay for Municipal infrastructure:
A.
Pay for Oversizing -or Upgrading
14
B.
Pay for 26 -50% of Extension Cost
26
C. Pay for 51-75% of Extension Cost.
D. Pay for 76-100% of Extension Cost
Sub -total Infrastructure Related:
39
92
0
131
Total from Applicant Section:
146
539
Total from Staff. Section:
178
461
Total Public Benefit Points:
324 ,...°
_ 100Q
APR 28 jZQ14j'
i
JOFIM vf.� R 0 M
aj7v c r K' r1�., ri _ a < ,, F
1) How do I pay my petition filing fee?
Your petition filing fee can be paid either in person or via mail to:
City Clerk's Office
Attn: Deputy City Clerk
227 West Jefferson Blvd.. Suite 400 S
South Bend, Indiana 46601
2) Certified Technology Park appropriate? (Page one, under project overview)
In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition
Park. If your property is not located in either then the answer would be no.
3) Community Revitalization Enhancement District? (Page one, under project overview)
The map below outlines the CBED area, please check to see if you fall within the boundaries.
4) Has any 504 funding been received? (Page one, under investment details)
504 Funding is a loan that come from the Small Business Administration. This fundingmust be applied
for to be received.
5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions)
The amount of money to be spent per year on training over the course of the project.
6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions)
The amount of people thatyou will train per year over the length of the project.
If you have any additional questions that are not addressed by this document, please con ac ara em m—rn mtYte"
Department of Community Investment at 574. 235.5842 or email at sheintze&QuthbeW.oin C1ei "K'3f
F
P CITY tii..S:R, ,
CREeD District Boundary]
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4) Has any 504 funding been received? (Page one, under investment details)
504 Funding is a loan that come from the Small Business Administration. This fundingmust be applied
for to be received.
5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions)
The amount of money to be spent per year on training over the course of the project.
6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions)
The amount of people thatyou will train per year over the length of the project.
If you have any additional questions that are not addressed by this document, please con ac ara em m—rn mtYte"
Department of Community Investment at 574. 235.5842 or email at sheintze&QuthbeW.oin C1ei "K'3f
F
P CITY tii..S:R, ,
Print - Maps
> bing Maps
526 E Colfax Ave, South Bend, IN 46617
My Notes
On the go? Use m.b ft.cam to fmd maps,
Page 1 of 1
http: / /www.bing.com /mapslprint.aspx ?mkt= en- us &r- 15 &s =r &cp= 41.677871.- 86.243913 &... 52/2014
°` -a�� STATEMENT OF BENEFITS
aA REAL ESTATE IMPROVEMENTS
d State Form 51767 (RS 112 -13)
Prescribed by the Department of Loral Government Finance
This statement is being completed for real property that qualifies under the following Indiana Code (check one box):
® Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.1 -4)
❑ Residentially distressed area (IC 6 -1.1- 12.1 -4.1)
20yry_ PAY 201¢_
FORM SB -1 / Real Property
PRIVACY NOTICE
Any information concerning the cost
of the property and specific salaries
paid to individual employyees by the
roperty owner is wnfdential per
INSTRUCTIONS:
PC e-1.1- 12.1 -5.1.
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires
information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be
submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction.
2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of
the redevelopment or rehabilitation for which the person desires to claim a deduction.
3. To obtain a deduction, a Form 3221RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is
made or not later than thirty (30) days after the assessment notice is mailed to the property owner if it was mailed afterApol 10. A property owner who
failed to file a deduction application within the prescribed deadline may file an application between March 1 and May 10 of a subsequent year
4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF -1 /Real Property. The Form CF- 1/Real
Property should be attached to the Form 3221RE when the deduction is firet claimed and then updated annually for each year the deduction is applicable.
IC 6-1.1- 12.1- 5.1(b)
5. For a Form SB- 1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each
deduction allowed. For a Form SB- 1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body
remains in effect. IC 6- 1.1-12.1 -17
SECTION
•-
Name of taxpayer
Address of taxpayer (number and street, city, state, and ZlPcode)
1115 Burns Avenue South Bend Indiana 46617
Name of contact person
Telephone number
E -mail address
(773 )
SECTION 2 LOCATION AND DESCRIPTION
Name of designating body
OF PROPOSED PROJECT
Resolution number
Common Council of City of South Bend
Location of property,
County
DLGF taxing district number
Descripaon of real property impr vements, re eve pment, or rehabilitation (use additonal sheets ne ssary)
71 -026
Estimated start date (month, day, year)
Colfax Hill Partners, LLC proposes to make an investment of at least $3,000,000 in the development
and construction of a – 23,000 square foot mixed use builicing, including
approximately 4,725SF of
Jigly 1 2014
Estimated completion date (month, day, yeari
ground floor retail together with – 18,275SF of space for residential apartments.
JUN 1 2015
Current number Salaries Number retained
Salaries Number additional Salaries
0 N/A
I I N/A
SECTION 4 ESTIMATED TOTAL COST AND
VALUE OF PROPOSED PROJECT
REAL ESTATE IMPROVEMENTS
COST ASSESSED VALUE
Current values
20,000
60,000
Plus estimated values of proposed project
3,000,000
Det . under Reg 17
Less values of any property being replaced
N/A
N/A
Net estimated values upon completion of project
3,020,000
Det. under Reg 17
Estimated solid waste converted (pounds)
Estimated ;h��i a gveetl�(pou�,pr--
Other benefits
..o �—
.r, Ze014
f•i f'4 (j
r.
Ik
JO I, VOI ,h,.."
CITY CLERK, Sota;I' eirw
rra
SECTION 6 TAXPAYER CERTIFICATION
I hereby certify that the representations in this statement are true.
Ompresentative sentative
Date signed (month, day, year)
A rll 25 2014
Ttlle
Page 1 of 2
& �� 0- l �--s3
RESOLUTION NO.
A RESOLUTION WAIVING THE REQUIRED FILING DATE OF MAY 15, 2013
AND ACCEPTANCE OF THE CF -1 REAL PROPERTY FORM AND FORM 322
WHICH SHOULD HAVE BEEN FILED UNDER RESOLUTION 4238 -13 FOR
AMERIPLEX SUPERIOR PARTNERS LOCATED AT 5231 DYLAN DRIVE
Whereas, The State of Indiana, County of St. Joseph, Adopted by the Common Council
of the City of South Bend, Indiana commonly known as 5231 Dylan Drive, South Bend,
Indiana had adopted RESOLUTION 4238 -13, pursuant to Indiana Code 6-1.1-12. Ito be
an economic revitalization area for purposes of six (6) year real tax abatement for
Ameriplex Superior Partners,
Whereas, Resolution 4238 -13 was presented and adopted by the Common Council on
January 28, 2013.
Whereas, Mr. Timothy Baker, Agent of Holliday Properties, states that the Form CF -1
Real Property and Form 322 were not filed by the May 15, 2013 deadline date due to
staff turnover.
Whereas, the tax bill which was to have been 100% abated results in a tax being due of
$121.154.76; with the abatement the tax bill will be only $11,679.58.
Now, therefore be it resolved by the Common Council of the City of South Bend, Indiana
as follows:
SECTION 1. The petitioner has presented testimonial evidence of the following facts in
support of this resolution:
A. There has been a change in the personnel at Ameriplex Superior Partners and the
required Form CF -1 Real Property and Form 322 were not filed due to that staff
turnover.
B. The stated property camtot afford this large tax bill at the present time.
C. Ameriplex Superior Partners has invested $3,090,683 into the project. The company
has exceeded their employment goals of 62 new positions on the original petition. The
entire facility is now leased to one tenant that employs in excess of seventy people.
E. The project is an outstanding asset to this community.
SECTION II. The foregoing facts, taken together, lead the Common Council to conclude
that compelling reasons exist to waive the filing deadline.
SECTION III. The Common Council hereby waives the filing deadline of May 15th
2013 and pursuant to Indiana Code 6 -1.1- 12.1.4.8 adopts this resolution that authorizes
acceptance.
NOT AD°"nvcm
Member of the Commo Cou° ncil
MAY - 4 2014
vratl 5 V00
CITY CLERK, GOUT H SEND, IN
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SouTH BEND, IN 46601.1830
May 4, 2014
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTWE DIRECTOR
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Real Property Tax Abatement Petition for:
Ameriplex Superior Partners
Dear Council Member Ferlic:
PuoNI_: 574/235 -9371
FAX: 574/235.9021
Ameriplex Superior Partners was approved for a six year real property tax abatement on
January 28, 2013 through resolution number 4238 -13. The filing deadline for form CF -1
RP was May 15, 2013. The petitioner did not file on time due to staff turnover.
Consequently, the petitioner did not receive his abatement for the pay 2014 tax year. The
company is requesting a resolution from the Common Council waiving the filing date for
the CF -1 RP and Form 322. A representative of the company will be available to meet
with the Committee on Monday, May 12, 2014.
To accomplish this request, a tax abatement recipient must notify the Council in writing.
Attached you will find a letter from the company's agent, Timothy Baker of Holliday
Properties, requesting the waiver.
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 -5822.
Sincerely,
Chris Fief 'ng
Director Business Development
Attachments
c: South Bend Common Council Members
Brock Zeeb
Scott Ford
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITIN f:;1IN PAMELA C MEYIiR CHRIS FIELDING DONALD r;. INKS
227 South Main Street Suite 300 1 South Bend Indiana 46601
April 28, 2014
VIA HAND DELIVERY
South Bend Common Council
227 W. Jefferson Blvd.
South Bend, IN 46601
HOLLADAY
PROPERTIES
Building Solutions Since 1952
PHONE (574) 234 -2073 1 FAX (574) 284 -3790
RE: Ameriplex Superior Partners, L.P.
Resolution for Waiver of Non - Compliance (Tax Abatement)
Dear Common Council:
We kindly request the Common Council's consideration of the enclosed Resolution to formerly
waive Ameriplex Superior Partners' technical non - compliance with a filing requirement to claim
the benefits of certain tax abatement.
More specifically, in 2013, the Common Council granted a six (6) year tax abatement on
Ameriplex Superior Partners' proposed investment to construct a 105,000 square foot industrial
facility in Portage Prairie (City of South Bend). Ameriplex Superior Partners successfully
completed construction of this facility, met its investment target and now leases the entire facility
to one tenant (who employs 70+ employees). The building was first assessed as of March 1, 2013
(for property taxes which became due and payable in 2014). Due to employee turnover,
Ameriplex Superior Partners inadvertently missed the 30 -day window to claim the benefits of the
abatement for the 2013 - pay -2014 tax year. The enclosed resolution kindly requests waiver of this
non - compliance in order to restore the tax abatement benefits to which Ameriplex Superior
Partners would have received had it timely filed the application.
We are happy to meet with the Community and Economic Development Committee of the
Council and the full Council on Monday, May 12 "i, or at such other date as the Council may
prefer. Please feel welcome to contact me, at any time, if I can provide any additional
information. We greatly appreciate your professional assistance.
Very truly yours,
Timothy A. Baker
Holladay Properties
office
Filed In r:.... .'._
ICIiY'CL RICdty °YvAtl'14��N6,IN
South Bend Nashville Indianapolis Chicago /Portage Richmond
www.holladayproperties.com
APPLICATION FOR DEDUCTION FROM ASSESSED VALUATION
n i OF STRUCTURES IN ECONOMIC REVITALIZATION AREAS (ERA)
Stale Form 18379 (131211 -14)
% Prescribed by the Department of Local Government Finance
20 i3 PAY 20 74
FORM 322 /RE
INSTRUCTIONS.
1. This form is to be filed in person orby mail with the County Auditor of the county in which the property /s located.
2. To obtain this deduction, a Form 3221RE must be filed with the CounlyAudiforbefore May 10 in the year in which the addition to assessed valuation (or
new assessment) is made, ornot leterthan thirty (30) days after the assessment notice Is mailed to the property ownerif it was mailed aRerApril 10. If the
property owner misses the May 10 deadline in the initial year of assessment he can apply between March i and May 10 of a subsequent year trthe
remainder of the abatement term. (See also IC 6-1,1- 12.1.11.3 concerning the failure to file a timely application.)
3. A copy of the Form 11, the approved Form SB -1 /Real Property; the resolution adopted by the designating body, and the Fonn CF -1 /Real Property must
be attached to this application.
4. The Form CF -1 /Real Property must be updated annually and provided to the County Auditor and the designating body for each assessment yearin which
the deduction is applicable.
5, Please see IC 6-1.1 -12.1 for further instructions.
6. Taxpayer completes Sections 1,11 and III below.
7. If property located in an economic revitalization area is also located in an allocation area as defined in IC 36 -7 -14-39 or IC 36 -7- 15.1 -26, an application for
the property lax deduction may not be approved unless the Commission that designated the allocation area adopts a resolution approving the application
(IC 6 -1.1. 12.1- 2(k)),
8. Except for deductions related to redevelopment or rehabilitation of real property in a county containing a consolidated city, a deduction for the
redevelopment or rehabilitation of real property may not be approved for the following facilities (IC 6-1.1- 12.1 -3).:
a. Private or commercial golf course ). Any facility, the primary purpose of which is (a) Retail food and beverage
b. Country club service; (b) Automobile sales orservice; or (c) other retail,• (unless the
C. Massage parlor facility Is located in an economic development- target area established
d. Tennis club under IC 6 -1.1- 12.1 -7).
e. Skating facility, including roller skatin, skateboarding of ice skating k. Residential, unless the facik is a mu)fi- Famlly fact 14 that contains at
g 01 g 9 9 4 least 20% of the units available for use by low and moderate income
f Racquet sport facility (Including handball or racquet ball coon) individuals or unless the facility is located in an economic development
g. Hot tub facility target area established under IC 6 -1.1- 12.1 -7, or the area is designated
h. Suntan facility as a residentially distressed area which is required to meet oonalhons as
I. Racetrack cited in IC 6-1.1- 12.1 -2 (c) (1 8 2).
1. Package liquor store [see IC 6 -1.1 -12.1 - 31e1r1211
SECTION I- DESCRIPTION OF PROPERTY
The owner hereby applies to the County Auditor fora deduction pursuant to IC 6- 1.1- 12.1.5 beginning with the assessment date March 1, 20
County
Township
DLGF taxing district number
Key number
St. Joseph
South Bend - German
009
025- 1009 -14605
Name of owner
Legal description from Form 11
Ameriplex Superior Partners LP Wife Ontario Partners LP
Lot 1 Portage Prairie Minor #3 NP #26014128/09
Property address (number and street, city, state, and ZIP code)
Date of Form 11 (month, tlay, year)
5231 Dylan Drive, South Bend, IN 46628
11/5/2013
Type of shucture
Use or structure
Industrial
Governing body that approved ERA designation
Dale ERA designation approved (month, day, year)
Resolufion number
City of South Send
2/5/2013
4238 -13
SECTION II - VERIFICATION OF OWNER OR REPRESENTATIVE
Signature of owner or eprasenle0ye (r hereby certify that the representations on this appifcalion are true.)
Date signed (month, day, year)
5/5/2014
Printed name of owner orrre representative
p
Address (number street. dty, state, and ZIP code)
Timothy A. Baker
227 S. Main St., Suite 200, South Bend, IN
SECTION III-
STRUCTURES
s e
A. Rehabilitation structure 1. Assessed valuation AFTER rehabilitation
$
2. Assessed valuation BEFORE rehabilitation
$
3. Difference In assessed valuation (Line 1 minus Une 2)
$
4. Assessed valuation eligible for deduction
$
(for the increase In AN from the rehabilitation, not including
the Increase in AN (Tom the reassessment of the entire
structure)
S. New structure 1. Assessed valuation
$ 3,347,100.00
2.Assessecivaluallonali blefordeduction
$ 3133,300.00
SECTION IV- VERIFICATION OF ASSESSING OFFICIAL.
1 verify that the above described structure was assessed and the owner was notified on
with the
effective dale of the assessment being March 1, 20 and that the assessed valuations in SeUlon III are correct
Signature ofAasessirg Oletlal
Printed name of assessing official
Date (month, day, year)
CONTINUED ON THE REVERSE SIDE
SECTION V -FOR AREAS, EXCEPT FOR A RESIDENTIALLY DISTRESSED AREA, WHERE THE STATEMENT OF BENEFITS WAS
APPROVED BEFORE JULY 1, 2013 -DEDUCTION SCHEDULE PER IC 6-1.1. 12.1.17
YEAR OF DEDUCTION /ASSESSED VALUE /PERCENTAGE /DEDUCTION"
YEAR OF DEDUCTION /ASSESSED VALUE / PERCENTAGE /DEDUCTION **
(1) For deductions allowed over a 1 year period:
(8) For deductions allowed over a solim (8) year pence:
1 20_ pay 20_ $ 100% •
_% §
1 20_ pay 20_ $ 100%
(2) For deductions allowed over a two (2) year period:
2 20_ pay 20_ $ 88%
3 20,_pay 20_ $ 75% •_% 5
1 20_ pay 20_ $ 100% •
__% $
4 20_ pay 20_ $ 83 %
63%
2 20_psY2O_ $ 50% -
_% $
5 20-- pay 20_ $
(3) For deductions allowed over a Three (3) year period:
8 20_ pay 20_ $ 38%
7 20 pay 20_ $ 25% *_% $
1 20 — pay 20_ $ 100% •_%
$
8 20 pay 20_ $ 13% ' % $
2 20_ pay 20_ $ 66% '
_% $
3 20_ pay 20_ $ 33% '
_% $
(9) For deductions allowed over a nine (9) year period:
(4) Fordeductions allowed over a four(4)year period:
1 20 pay 20_ $ 100% •_% $
2 20 pay 20_. li 88% •_% $
1 20_ pay 20_ § 100 °h •
__% $
3 20 ._ pay 20_ $ 77% • §
2 20_ pay 20_ $ 75% •
_% $
_%
4 20_ pay 20_ $ 66% • $___
3 20_ pay 20_ 5 50°/ '
_% $
_%
5 20_ pay 20_ $ 55% • $
4 20_ pay 20_ $ 25% '
_% $
_%
6 20_ pay 20 44% • _% $
(5) For deductions allowed over a five (5) year period:
7 20_ pay 20_ Ii 33% • _% $
8 20_ pay 20_ $ 22% • $
1 20 pay 20_ § 100%
% 8
_%
9 20_ pay 20_ $ 11% • / $
2 20_ pay 20_ $ 80% •
_% $
3 20 pay 20_ $ 60% •_%
$
(10) For deductions allowed over a ton (10) year pedod:
4 20_ pay 20_ $ 40% '
_% $
1 20 pay 20_ $ 100% •_/ $
5 20_ pay 20_ $ 20% •
_% $
2 20— 20_ $ 95% • _% g
(6) For deductions allowed over a six (6) year period:
3 20_ pay 20_ g 80% - _% $
4 20_ pay 20_ 5 65 % - $
1 20 pay 20_ $ 100% •_%
$
_%
5 20_ pay 20_ $ 50% `_% $
2 20_pay 20_ $ 85% •_%
$
6 20 pay 20_ $ 40% •_% $
3 20_ pay 20_ $ 66% `
% 8
7 20_ pay 20_ $ 30% • %
4 20_ P6Y 20. $ 50% --%
% $
_
8 20_ Pay 20— 20% • §
5 20_ pay 20_ $ 34% •
$
_%
9 20_ pay 20_ $ 10% • $
6 20 pay 20_ $ 17% '_%
$
_%
10 20 pay 20_ $
(7) For deductions allowed over a seven (7) year penes:
1 20 pay 20_ $ 100% '
$
` The deduction percentages shown in this section apply to a statement
_%
of benefits approved before July 1, 2013, that did not have an alternative
2 20 pay 20_ $ 85% '_%
$
deduction schedule adopted bythe designating body. All other abatements
3 20 20_ $ 71% •_%
$
shall use the percentages reflected in the abatement schedule adopted
4 20_ pay 20_ $ 57% •
% $
by the designating body per IC 6 -1.1- 12.1 -17.
5 20` pay 20_ $ 43 °% •
$
**
6 20_ pay 20_ $ 29% -
_%
$
The amount of the deduction shall be adjusted annually to reflect changes
_-A
to the assessed valuation resulting from a reassessment or an appeal of
7 20_ pay 20_ $ 14%
_h $
the assessment per IC 6 -1.1- 12.1 -4 (b).
SECTION VI - FORA RESIDENTIALLY DISTRESSED AREA WHERE THE STATEMENT OF BENEFITS WASAPPROVED BEFORE
JULY 1, 2013
DEDUCTION SCHEDULE PER -IC 6 -1.1 -02.1.17
TYPE OF DWELLING
DEDUCTION IS THE LESSER OF:
DEDUCTION IS ALLOWED FORA FIVE (5)
[IC 6-1.1- 12.1- 4.1(b)]
YEAR PERIOD WHICH INCLUDES
YEARS:
❑ One (I) familydwelling
Assessed value (after rehabilitation or redevelopment) S or $74.680 AV
, pay__ through_ pay_
❑ Two (2) family dwelling
Assessed value (after rehabilitation of redevelopment) S or 6106,080 AV
, pay_ through_ pay
❑ Three (3) unit mull'Aamiy dwelling
Assessed value(afler rehabilitation or redevelopment) 6 or $156,000 AV
_ pay__ In rough_ pay_
❑ Four (4) unit multifamily dwelling
Assessed value (after rehabilitation or redevelopment) It or $199,680 AV
— pay_ through_ pay_
Assessed value limits for taxes due and payable prior to January 1, 2005 were $38,000, $1 $75,000, and $96,000 for one to four family dwellings respectively,
'SECTION
VII- APPROVAL OFCOUNTYAUDITOR COMPLETE ONLY IPAPPROVEO
This application is approved in the amounts shown above.
Signature of County Auditor
nled name ofCounlyAudilor
Date signed (monM, day, year)
ROSEMARY MANDRICI
St. Joseph County Assessor
227 W. Jefferson Blvd., Rm 307
1- -South.BP, ,, IN 46601
t v 0 E 3a3} fl It
Name and Address of property Cwner
* * * * ** *AUTO * *5 -DIGIT 46601
AMERIPLEX SUPERIOR PARTNERS LP
227 S MAIN ST STE 300
SOUTH BEND, IN 46601 -2124
mhlrrlhllrllLlPmrrhllhrlPullrlimlil6ulrlPlllrlr6
467
StNOTICE OF ASSESSMENT OF LAND AND IMPROVEMENTS
ate Form 21366 (R1212-13) FORM FORM
W •�, State Form 45650 (R11 / 2 -13) 11 R/A [FORM
Prescribed by Department of Local Government Finance
LOT 1 PORTAGE PRAIRIE MINOR #3 NP #26014/28109
34361 Parcel or
71 -03 -17- 303 -002.000 -009 1 025- 1009 -014605
Property address (number and street, city state
„ IN
This notice indicates the assessed value of your property. Information on the valuation of your property and a copy of the property record card can be
obtained from the Assessing Official at the telephone number and addresses below.
Notice to the taxpayer of the Opportunity toAppeai (IC 6- 1.1.15 -1):
If a taxpayer does not agree with the action of the assessing official giving this notice, the County Property Tax Assessment Board ofAppeals will review
that action If you file a notice M writing with the Township Assessor (if any) or the County Assessor within forty-five (45) days of the mailing of this notice.
This written notice should include the name of the taxpayer, the address of the property, the key number or the parcel number of the property, the address
of the taxpayer (if different from the property address), and the telephone number of the taxpayer. An appeal of this assessed value requires evidence
relevant to the value of the taxpayer's property as of the assessment date.
PREVIOUSASSESSMEN7
NEW ASSESSMENT EFFECTIVE
MARCH 1 2013
LAND
$14,700.00
LAND
$213,900.00
IMPROVEMENTS
$0.00
IMPROVEMENTS
53,133,300.00
TOTAL
$14,700.00
TOTAL
$3,347,100.00
Reason for revision of assessment:
19- ANNUAL. ADJUSTMENT
2013 Annual Adjustment
THIS IS NOT A BILL (RETAIN FOR YOUR RECORDS)
• Your property record card (PRC) is available @ www.stiosephcountyindiana com departments,
County Assessor, St. Joseph Assessor's Online Database.
• If you believe this assessment is not accurate, you have 45 days from the date on this notice to
file an appeal with your assessor.
• The Deadline to file an appeal is December 20th, 2013.
• In the event that your assessment has been corrected by an appeal, your previous assessment
total value above may or may not reflect corrected value.
• For additional information you can call (574) 235 -9557 or (574) 235 -9523
If the change In assessment is due to a new home, you should be aware that there are many property tax benefits ordeductlons avallable. Please see INDIANA
PROPERTY TAX BENEFITS (State Forth $1781) available on the DLGF
website, wwmIN.gov /dlgf. If the real property is reassessed because it has been
rehabilitated, you may be eligible for rehabilitation deductions - see Form 322A or Form 3221RE. If the non - residential
real property is reassessed because it has
been rehabilitated, you may be eligible for rehabilitation deductions - see Form 322A. Other non - residential construction may be eligible for deductions see
Forms 322/RE & Forth 3221/BD,
County
STIOSEPH COUNTY
Toxnship
009 - SOUTH BEND- GERM4I4
Date of Noffm (month, day, year)
11/0512013
Assessing Official
Telephone Number
ROSEMARYMANDRICI
(574)235.9523
Address (number and street, City, state ZIP code)
227 WEST JEFFERSON BLVD, SOUTH BEND, IN 46601
COMPLIANCE WITH STATEMENT OF BENEFITS
REAL ESTATE IMPROVEMENTS
State Form 51766 (R312 -13)
S , „ ✓ Prescribed by the Department of Local Government Finance
INSTRUCTIONS.
I. This form does not apply to property located in a residentially distressed area or any deduction for which the
Statement of Benefits was approved before July 1, 1991.
2. Property owners must rile this form with the county auditor and the designating body for their review regarding
the compliance of the project with the Statement of Benefits (Form SB -1 /Real Property).
3. This form must accompany the initial deduction application (Form 32ZRE) that is riled with the county auditor.
4. This form must also be updated each year in which the deduction is applicable. It is filed with the county auditor
and the designating body before May 15, or by the due date of the real property owner's personal property return
that is filed in the township where the property is located. (IC 6- 1.142.1- 5.1(b))
5. With the approval of the designating body, compliance information for multiple projects maybe consolidated on
one (1) compliance form (Form CF -1 /Real Property).
29 13 PAY 20.14
FORM CF -1 / Real Property
PRIVACY NOTICE
The cost and any specific Individual's
salary Information is confidential; the
balance of the filing is public record
per IC 6-1.1- 12.15.1 (c) and (d).
SECTION
•.
Name of taxpayer
County
Ameriplex Superior Partners f /k/a Ontario Partners LP
St. Joseph
Address of taxpayer (number and street, city, state, and ZIP code)
DLGF taxing district number
227 S. Main St. Suite 300, South Bend, IN 46601
009
Name of contact person
Telephone number
Timothy A. Baker
( 574 ) 2174478
SECTION 2 LOCATION AND DESCRIPTION
OF PROPERTY
Name of designating body
Resolution number
Estimated start date (month, day, year)
City of South Bend
4238 -13
9/1/2012
Location of property
Actual start date (month, day, year)
5231 Dylan Drive, South Bend, IN 46628
9/2012
Description of real property improvements
Estimated completion date (month, day, year)
New 105,000 Sq. Ft. Industrial Building
7/1/2013
Actual compl.b.n data (month, day, year)
6/30/2013
SECTION 3 EMPLOYEES AND
SALARIES
EMPLOYEES AND SALARIES
AS ESTIMATED ON SB -1 ACTUAL
Current number of employees
Salaries
Number of employees retained
Salaries
Number of additional employees
62 Building not
Salaries
2,100,000 complete
SECTION 4 COST AND
VALUES
COSTAND VALUES
REAL ESTATE IMPROVEMENTS -
AS ESTIMATED ON SO-1
COST
ASSESSED VALUE
Values before project
0
14,700
Plus: Values of proposed project
3,500,000
Less: Values of any property being replaced
0
Net values upon completion of project
3,500,000
ACTUAL
COST
ASSESSED VALUE
Values before project
0
Plus: Values of proposed project
3,090,683
Less: Values of any property being replaced
0
Net values upon completion of project
-
3,090,683
3,347,100
• • .. • • •
••
WASTE CONVERTED AND OTHER BENEFITS
AS ESTIMATED ON SB -1 ACTUAL -
Amount of solid waste converted
N/A N/A
Amount of hazardous waste converted
N/A N/A
Other benefits:
SECTION 6
I
N/A N/A
TAXPAYER CERTIFICATION
hereby certify that the representations in this statement are true.
SignaturALV authoriz represaetativa/
'',1If
Title
Date signed (month, day, year)
VP & Partner
April 28, 2014
Page 1 of 2
INSTRUCTIONS. (IC 6- 1.1- 12.1 -5.1 and IC 6- 1.1-12.1 -5.9)
1. Not later than forty -rive (45) days after receipt of this form, the designating body may determine whether or not the property owner has substantially complied
with the Statement of Benefits (Form SB -1 /Real Property).
2. If the property owner is found NOT to be in substantial compliance, the designating body shall send the property owner written notice. The notice must include
the reasons for the determination and the date, time and place of a hearing to be conducted by the designating body. The date of this hearing may not be
more than thirty (30) days after the date this notice is mailed. A copy of the notice may be sent to the county auditor and the county assessor.
3. Based on the information presented at the heating, the designating body shall determine whether or not the property owner has made reasonable efforts to
substantially comply with the Statement of Benefits (Form SB- 1/Real Property) and whether any failure to substantially comply was caused by factors beyond
the control of the property owner.
4. If the designating body determines that the property owner has NOT made reasonable efforts to comply, then the designating body shall adopt a resolution
terminating the property owner's deduction. If the designating body adopts such a resolution, the deduction does not apply to the next installment of property
taxes owed by the property owner or to any subsequent installment of property taxes. The designating body shall immediately mail a certified copy of the
resolution to: (1) the property owner; (2) the county auditor; and (3) the county assessor.
We have reviewed the CF -1 and find that:
❑ the property Owner IS in substantial compliance
❑ the property owner IS NOT in substantial compliance
❑ other (specify)
Reasons for the determination (attach additional sheets if necessary)
Signature of authorized member
Date signed (month, day, year)
Attested by:
Designating body -
If the property owner is found not to be in substantial compliance, the property owner shall receive the opportunity for a hearing. The following date and
time has been set aside for the purpose of considering compliance. (Hearing must be held within thirty (30) days of the date of mailing of this notice.)
Time of hearing qM Date of hearing (month, day, year) Location of hearing
PM
HEARING RESULTS (to be completed after the hearing)
❑ Approved ❑ Denied (see instruction 5 above)
Reasons for the determination (attach addional sheets ffnecessary) _. -.. _...... _.. _.
Filed in ': : Ifflce
[AIR 3 ti 2014
JOHN VCI( - L),k
r
Signature of authorized member
Year)
Attested by:
Designating body
APPEAL RIGHTS PC 6- 1.1 -12.1.5.9(e)]
A property owner whose deduction is denied by the designating body may appeal the designating body's decision by filing a complaint in the office of the
Circuit or Superior Court together with a bond conditioned to pay the costs of the appeal if the appeal is determined against the property owner.
Page 2 of 2
Ameriplex Superior Partners Resolution 4538 -13
Building was not complete at March 1, 2013. Completion was June 30, 2013 and tenant occupied the
building on July 1, 2013.
Party filing report: Eileen Burgess
227 S. Main St. Suite 200
South Bend, IN 46601
Real Estate Taxes paid in 2013 for 2012 assessment: $386.44
Local Company Constructing Building: Holladay Construction Company
� �� P3- 31-( y
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 122 S. NILES AVE., COUNCILMANIC DISTRICT NO. 3 IN THE CITY
OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
The lot is currently zoned as CB District and we are proposing I be changed to PUD.
The PUD zoning is based on the existing CB zoning ordinance requirements, with
modifications to building height and number of stores. This proposal will allow
construction of a 6 story mixed use building.
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 eleven (11), River Race Townhomes Minor Subdivision as per plat
thereof recorded September 20, 2012 as instrument number 1229942 in the Office of
the Recorder of Saint Joseph County, Indiana
be and the same is hereby established as PUD Planned Unit Development 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 ouncil
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NOT A ??',IOVED
REFERRED.
PASSED -
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
o'clock . M.
Deputy Mayor, City of South Bend, Indiana
Filed s s - -,,,� ,
014
CITY Cl EF..6,� F_ND, IN
PETITION TO REZONE
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: 132 S ?Niles Ave. South Bend LV 46617
I ve. J er lC'orn nJ JeJJuson and 8.:1rile
2) The property Tax Key Number(s) is /are: Ewer properi) tax kev number(r)
3) Name and address of property owner(s) of the petition site:
River Race Townhomes LLC
121 S Niles Are
South Benct. IA- 466/7
979 - 739 -2640
David(ei :A9atthewsLLC. com
Name and address of additional property owners, if applicable:
4) Name and address of contingent purchaser(s), if applicable:
Name and address of additional property owners, if applicable:
5) It is desired and requested that this property be rezoned:
From: CBD Community Business District Additional zoning district, if applicable
To: PUD Planned Unit Development District
6) This rezoning is requested to allow the following use(s): ResidcmialOjfice; Ptg1essinnal Services. Personal Service,
Recrcation, Retail, Food Sales road Service. C'lothinp Service,
7) 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.
8) BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL
ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR
REPRESENTATIVES AT THE AREA PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF
THE DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS
ACQUIRING AN INTEREST THEREIN. SUCH REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND
WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL.
CONTACT PERSON:
David A9utthews
I ?l S. Niles Ave
.Saurh Bend, IN 46617
474- 607 -4271
Dmldid:AgattheirsLLC cony
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M A elf Ala 11 1 W S, 1,1. C (574) 607 -4271
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ORDINANCE NO
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO AND BRINGING WITHIN
THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING
THE ZONING ORDINANCE FOR PROPERTY LOCATED IN
PENN TOWNSHIP, CONTIGUOUS THEREWITH;
COUNCILMANIC DISTRICT 5
Deldora LLC
17716, 17802 & 17830 Ireland Road
Mishawaka, IN 46544
STATEMENT OF PURPOSE AND INTENT
A Petition for voluntary annexation and for the zoning of 19.62+ acres located in Penn
Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land
in the territory sought to be annexed and zoned. It is the intent and purpose of this
Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a
zoning district for this territory.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. That the following described real estate situated in St. Joseph County,
Indiana, being contiguous by more than one -eight (1/8) of its aggregate external
boundaries with the present boundaries of the City of South Bend, Indiana, shall be and
hereby is annexed to and brought within the City of South Bend:
PARCEL I:
A TRACT OF LAND CONTAINING TWENTY ACRES, MORE OR LESS, TAKEN OFF OF THE ENTIRE
WIDTH OF THE NORTH END OF A FIFTY -FIVE ACRE TRACT, WHICH FIFTY -FIVE ACRE TRACT IS
DESCRIBED AS FOLLOWS:
THE SOUTHWEST QUARTER OF SECTION TWENTY -NINE (29), TOWNSHIP THIRTY -SEVEN (37)
NORTH, RANGE THREE (3) EAST, EXCEPTING FORTY -FIVE ACRES OUT OF THE NORTHEAST PART
OF SAID PREMISES HERETOFORE CONVEYED BY JOHN ROCK TO MERENIAH BECKER BY DEED
RECORDED IN DEED RECORD Al, PAGE 179 OF THE RECORDS OF SAID COUNTY, AND ALSO
EXCEPTING SIXTY ACRES TAKEN OFF OF AND FROM THE ENTIRE LENGTH OF THE WEST SIDE OF
SAID QUARTER SECTION, THE BALANCE REMAINING AFTER SAID TWO EXCEPTIONS BEING FIFTY -
FIVE ACRES, MORE OR LESS, THE FORTY -FIVE ACRES FIRST EXCEPTED BEING DESCRIBED AS
FORTY -FIVE ACRES TAKEN OFF OF AND FROM THE ENTIRE LENGTH OF THE NORTH SIDE OF SIXTY
L2
ACRES TAKEN OFF OF AND FROM THE ENTIRE LENGTH OF THE EAST SIDE OF SAID QUARTER
SECTION, ALL IN ST. JOSEPH COUNTY, INDIANA.
EXCEPTING THEREFROM:
THE LAND TAKEN FOR THE US 20 BYPASS INCLUDING ANY PURSUANT TO CAUSE NO. G -1396
FILED JULY 5, 1974, AND FURTHER DESCRIBED AS FOLLOWS: A PART OF THE NORTH HALF OF
THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 3 EAST,
COMMENCING AT THE NORTHWEST QUARTER OF SAID QUARTER SECTION; THENCE NORTH
89 043'05" EAST, 992.10 FEET ALONG THE NORTH LINE OF SAID QUARTER SECTION; THENCE
SOUTH 0 °22'00" EAST, 1322.25 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION, WHICH
POINT IS ON THE SOUTH LINE OF SAID HALF- QUARTER SECTION; THENCE NORTH 0 °22'00" WEST,
179.50 FEET; THENCE SOUTH 68 °25'30" EAST, 476.31 FEET TO THE SOUTH LINE OF SAID HALF -
QUARTER SECTION; THENCE SOUTH 89 °26'10" WEST, 441.81 FEET ALONG SAID SOUTH LINE TO
THE POINT OF BEGINNING.
FURTHER EXCEPTING THEREFROM:
LOT NUMBERED ONE (1) AS SHOWN ON THE PLAT OF STONERS MINOR SUBDIVISION,
RECORDED AUGUST 9, 1976 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY,
INDIANA, IN PLAT BOOK 31, PAGE "S ".
PARCEL II:
LOT NUMBERED ONE (1) AS SHOWN ON THE PLAT OF STONER'S MINOR SUBDIVISION,
RECORDED AUGUST 9, 1976 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY,
INDIANA, IN PLAT BOOK 31, PAGE "S ".
PARCEL III:
LOTS NUMBERED ONE (1) AND TWO (2) AS SHOWN ON THE PLAT OF THE TOWN OF HI -VIEW,
RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT
BOOK 16, PAGE "H ".
SUBJECT TO LEGAL HIGHWAYS.
SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are
hereby declared to be extended so as to include the real estate of the above
described parcel as a part of the City of South Bend, Indiana.
SECTION III. 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 herby is
amended in order that the zoning classification of the following described real estate,
with the exception of all adjacent rights -of -way, in the City of South Bend, St. Joseph
County, State of Indiana be and the same is hereby established as Community Business
Dist(ct; provided, however, that the required, established, and stated procedures for
review of such zoning classification by the Area Plan Commission have been fully
satisfied.
SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its
passage by the Common Council, approval by the Mayor, and legal publication.
Attest:
N,,- bu, u 1
MEMBER OF THE COMMON COUN L
opporlum,y fy.. , Ed
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
o'clock .m.
ist READING
PUBLIC HEARING
Ord READING
NOT APPROVED
REFERRED
PASSED
Mayor, City of South
20_, at
' `)ffice
MAY -7 1014
johil 'J'.;G� ': fap
CITY CLERK, :=UU a it BEND, IN
PETITION FOR THE VOLUNTARY ANNEXATION
INTO and THE ZONING OF THE ANNEXED LAND
IN THE CITY OF SOUTH BEND, INDIANA
I (We) the undersigned, make application to the Common Council of the City of South
Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana,
and for the zoning of that land in Penn Township, St. Joseph County, Indiana, and in
support of which Petition allege(s) and affirm(s) as follows:
1) 1 am (We are) the owner(s) (hereinafter "petitioner" or "petitioners ") of a parcel
of land more particularly described in Exhibit "A ".
2) Petitioner(s) desire(s) that the parcel be annexed to the City of South Bend,
Indiana, by proper ordinance.
3) This Petition is signed by one - hundred percent (100 %) of the owners of the land
in the territory sought to be annexed.
4) The property sought to be annexed and rezoned is located at:
17716, 17802 & 17830 Ireland Road, Mishawaka, IN 46544
5) The Property Tax Key Number: 014-1167-6171; 014 -1034- 058202 and
014- 1034 - 058203
6) The name and address of the property owner(s) of the petition site is /are:
Deldora LLC, 71447 Forest Eagle Lane, Niles, MI 49120
7) The name and address of the contingent purchaser(s), if applicable:
D & S Develooment, Inc., 16915 Cleveland Road Granger IN 46530
8) The parcel is 19.62+ acres in size and currently has the following use(s) on it:
Vacant Land
9) The number of people currently residing on the property: None
10) It is desired and requested that the petition site be rezoned
From St. Joseph County zoning classification:
"R" Single Family District
To City of South Bend zoning classification:
"PUD" Planned Unit Development District
for the following use(s): See attached "PUD Land Use Plan"
11) The anticipated "build -out" year for the project:
12) The proposed number of lots:
13) The proposed miles of new roadways: None
14) The following information has been submitted with the Petition:
1. A legal description of the property: titled as Exhibit A;
2. A list of names and addresses of all property owners, along with the fax
key numbers, for all properties within 300 feet of the petition property;
3. Seventeen (17) site plans;
4. Addressed, stamped envelopes for all property owners within 300 feet of
the petition property.
15) The signatures) of all property owner(s), or Attorney for all properly owners(s)
Printed: Anthony Hole
Deldora LL
Signed:
Address: 71447 forest Eagle Lane Q p
Niles. MI 49120 Phone Number: 2A / -(p0 3 - W-P/,"
16) Name, Address, and Phone Number of Contact Person /Preparer (please print):
Bradley E. Mosness, PE
Abonmorche Consultants, Inc.
750 Lincoln Way East
South Bend, IN 46601
(574) 232 -8700
Recl pp .Ifffce
EAY -7 2014
JONtiYi,,'• lkv _
CITY CLERtt, %K D IN
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EXHIBIT A
PARCEL I:
A TRACT OF LAND CONTAINING TWENTY ACRES, MORE OR LESS, TAKEN OFF OF THE
ENTIRE WIDTH OF THE NORTH END OF A FIFTY -FIVE ACRE TRACT, WHICH FIFTY -FIVE ACRE
TRACT IS DESCRIBED AS FOLLOWS:
THE SOUTHWEST QUARTER OF SECTION TWENTY -NINE (29), TOWNSHIP THIRTY -SEVEN (37)
NORTH, RANGE THREE (3) EAST, EXCEPTING FORTY -FIVE ACRES OUT OF THE NORTHEAST
PART OF SAID PREMISES HERETOFORE CONVEYED BY JOHN ROCK TO MERENIAH BECKER
BY DEED RECORDED IN DEED RECORD Al, PAGE 179 OF THE RECORDS OF SAID COUNTY,
AND ALSO EXCEPTING SIXTY ACRES TAKEN OFF OF AND FROM THE ENTIRE LENGTH OF THE
WEST SIDE OF SAID QUARTER SECTION, THE BALANCE REMAINING AFTER SAID TWO
EXCEPTIONS BEING FIFTY -FIVE ACRES, MORE OR LESS, THE FORTY -FIVE ACRES FIRST
EXCEPTED BEING DESCRIBED AS FORTY -FIVE ACRES TAKEN OFF OF AND FROM THE ENTIRE
LENGTH OF THE NORTH SIDE OF SIXTY ACRES TAKEN OFF OF AND FROM THE ENTIRE
LENGTH OF THE EAST SIDE OF SAID QUARTER SECTION, ALL IN ST. JOSEPH COUNTY,
INDIANA.
EXCEPTING THEREFROM:
THE LAND TAKEN FOR THE US 20 BYPASS INCLUDING ANY PURSUANTTO CAUSE NO. G-
1396 FILED JULY 5, 1974, AND FURTHER DESCRIBED AS FOLLOWS: A PART OF THE NORTH
HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 3 EAST,
COMMENCING AT THE NORTHWEST QUARTER OF SAID QUARTER SECTION; THENCE
NORTH 89 043'05" EAST, 992.10 FEET ALONG THE NORTH LINE OF SAID QUARTER SECTION;
THENCE SOUTH 0 022'00" EAST, 1322.25 FEET TO THE POINT OF BEGINNING OF THIS
DESCRIPTION, WHICH POINT IS ON THE SOUTH LINE OF SAID HALF - QUARTER SECTION;
THENCE NORTH 0 022'00" WEST, 179.50 FEET; THENCE SOUTH 68 125'30" EAST, 476.31 FEET TO
THE SOUTH LINE OF SAID HALF - QUARTER SECTION; THENCE SOUTH 89 °26'10" WEST, 441.81
FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING.
FURTHER EXCEPTING THEREFROM:
LOT NUMBERED ONE (1) AS SHOWN ON THE PLAT OF STONER'S MINOR SUBDIVISION,
RECORDED AUGUST 9, 1976 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY,
INDIANA, IN PLAT BOOK 31, PAGE "S ".
PARCEL II:
LOT NUMBERED ONE (1) AS SHOWN ON THE PLAT OF STONER'S MINOR SUBDIVISION,
RECORDED AUGUST 9, 1976 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY,
INDIANA, IN PLAT BOOK 31, PAGE "S ".
PARCEL III:
LOTS NUMBERED ONE (1) AND TWO (2) AS SHOWN ON THE PLAT OF THE TOWN OF HI-
VIEW, RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN
PLAT BOOK 16, PAGE "H ".
SUBJECT TO LEGAL HIGHWAYS.
Filed i
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ADJACENT PARCELS
1771 b, 17802 & 17830 RELAND ROAD, MISHAWAKA, IN
PENN TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA
NOT TO SCALE.
AV
ABONMARCHE
CoOdenee By Design
DATE: 05/07/14 ACI JOB #: 14 -0270 SHT: 1 of 1
COPYRI WDi4- ABONMARCHE CQSBLTAMS, INC.
St Joseph Parcels County Parcels
MAILING
MAILING
PROPERTY
PROPERTY
Roo
PARCEL ID
NAME-11
ADDRESS
CITY
ST
LP
ADDRESS
CITY
ST
7JP
1
014 -1034-
STATE OF INDIANA
INDOT Laporte
La Porte
IN
46352
IRELAND
Mishawaka
IN
46544
058201
Dist
2
014 -1034-
JONAS LAURIE S
59660
South Bend
IN
46614
058124
Queensboro St
3
014 -1034-
DAVENPORT DAVID R &
17981 Lamar
South Bend
IN
46614
17981 LAMAR
South Bend
IN
46614
058110
ROCHELLE A
St
4
014 -1034-
WURTSBAUGH WILBUR D &
17923 Lamar
South Bend
IN
46614
17923 LAMAR
South Bend
IN
46614
058106
SHIRLEY
5
014 -1034-
CARPENTER DONALD E &
17878 Ireland
South Bend
IN
46614
VL
Mishawaka
IN
46644
058121
BETTY F
Rd
MIDDLEBORO
CAURRO R DOMINIC &
6
014 -1034-
MAUREETA M JT REV TRUST
17600 E
South Bend
IN
46614
IRELAND
Mishawaka
IN
46544
058402
DTD 419/01
Ireland Rd
026-1034-
DRIVE & SHINE
16915
4340S
South Bend
IN
46614
7
0577
DEVELOPMENT INC Go Haji
Cleveland
Granger
IN
46530
IRONWOOD
M Tehrani
Road
111058408
014 -1034-
STATE OF INDIANA
INDOT Laporte
La Porte
IN
46352
IRELAND
Mishawaka
IN
46644
Dist
9
014 -1034
HERMAN DANIEL J & SHARI
17910 Lamar
South Bend
IN
46614
17910 LAMAR
South Bend
IN
46614
058103
L
Rd
ST
10
058301 4-
STATE OF INDIANA
Laporte
La Porte
IN
46352
IRELAND
Mishawaka
IN
46544
058301
Dist
Dist
59680
11
014 -1034-
JONAS LAURIE S
59680
South Bend
IN
46614
QUEENSBORO
South Bend
IN
46614
058126
Queensboro St
ST
12
014 -1034-
LAMB THOMAS R & SUSAN L
17851 Niagara
South Bend
IN
46614
17851 NIAGRA
South Bend
IN
46614
058105
13
058119
LAMB THOMAS R & SUSAN L
17851 Niagara
South Bend
IN
46614
Mishawaka
IN
465 44
QUEENSBORO
59660
14
014 -1034
JONAS LAURIE S
59660
South Bend
IN
46614
QUEENSBORO
South Bend
IN
46614
058125
Queensboro St
ST
IZAAK WALTON LEAGUE OF
15
0141034
AMERICA ST JOSEPH
PO Box 3559
South Bend
IN
46619
IRELAND
Mishawaka
IN
46544
058409
COUNTY INDIANA CHAPTER
014 -1034-
CARPENTER DONALD E &
17878 E
17878 IRELAND
16
South Bend
IN
46614
South Bend
IN
46614
058102
BETTY F
Ireland Rd
RD
17
014-1034-
058205820 3
DELDORA LLC
119 Forest
Niles
MI
49120
VL IRELAND RD
South Bend
IN
46614
Eagle Ln
18
014 -1034-
GROWING KIDS SOUTH LLC
AN INDIANA LIMITED
4100 Edison
17850 IRELAND
058101
Lakes Pkwy
Mishawaka
IN
46545
RD
South Bend
IN
46614
LIABILITY CO
Ste 260
19
014 -1167-
6171
DELDORA LLC
71447 Forest
Niles
MI
49120
VL IRELAND RD
Mishawaka
IN
46544
Eagle Lane
20
014 -1034-
DELDORA LLC
71447 Forest
Niles
MI
49120
17802 IRELAND
Mishawaka
IN
46544
058202
Eagle Lane
RD
21
0 4-
CAURRO R DOMINIC &
MAUREETA M JT REV TRUST
17600E
South Bend
17700 [IRELAND
0558401 8401
Ireland Rd
IN
46614
RD
South Bend
IN
46614
DTD 4/9101
014 -1167-
CARPENTER DONALD E &
17878 E
22
6176
BETTY F
Ireland Rd
South Bend
IN
46614
VL IRELAND RD
South Bend
IN
46614
23
014 -1034-
BELCHER GERALD & ALICE
17699 Ireland
South Bend
17699 IRELAND
057907
J
Rd
IN
46614
RD
South Bend
IN
46614
24
014 -1034-
VAN AVERMAETE RICHARD
17675 Ireland
South
17675 IRELAND
057901
ANDJOANNE
Rd
Bend
IN
46614
RD
South Bend
IN
46614
25
014 -1034-
MARVIN WILLIAM
17651 Ireland
South Bend
IN
46614
17651 IRELAND
South Bend
IN
46614
057902
Rd
RD
26
057802 4-
057802
EDWARD ROSE OF INDIANA
P O Box 3015
Kalamazoo
MI
490031'
RISH HILLS
South Bend
IN
46614
APT
Filed
E Y " ' U14
CfTy CJOHN- ;.
LE'`7
BEND; IN