Loading...
HomeMy WebLinkAbout09-08-14 Amended Council Agenda & PacketAMENDED AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, SEPTEMBER 8, 2014 1. INVOCATION - CHAPLAIN TONY SLAGLE 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB- COMMITTEE ON MINUTES S. SPECIAL BUSINESS 7:00 P.M. 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: 8. BILLS, THIRD READING TIME: 9. RESOLUTIONS BILL NO. 14 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1827 BENDIX ROAD, SOUTH BEND, INDIANA 14 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 501 WEST SOUTH STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT OF SWING- BATTER- SWING, LLC 10. BILLS, FIRST READING BILL NO. 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. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1827 Bendix Rd. South Bend, IN 46628 WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 1. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 1827 Bendix Rd. South Bend, IN 46628 in order to permit A retail operation for St. Vincent De Paul Society SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: Special Exception Petition St. Vincent de Paul Society of St. Joseph Country, Inc. Petitioner: Anne Hosinski Watson, Executive Director, St. Vincent de Paul Society Location of property in petition: 1827 Bendix Rd. South Bend, IN 46628 Statement of variance requested and reason for request: A special use variance is being requested for the subject property so St. Vincent de Paul Society can legally exercise retail operations within their leased portion of the building. The proposed 42,000 SF portion of the building with frontage on Bendix Rd. will contain about a 12,000 SF retail floor to sell donated goods. 1. This zoning Special Exception will not be injurious to the public health, safety, morals and general welfare of the community because the retail floor will be clean and operated under proper HVAC. Area of operations also has a proper fire suppression system and ample pedestrian exits. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because this Special Exception will not disrupt the operations of adjacent properties or use their premises for any reason. The retail floor requested is within the building and not visible from the outside. 3. This strict application of the terms of the zoning ordinance will not result in practical difficulties in the use of the property because it will be practiced within the legally leased portion of the subject property. Zoning Classification: LI Light Industrial Township: Portage Township S' ature Petitioner Anne Hosinski Watson Executive Director St. Vincent de Paul Society of St. Joseph County, Inc. 520 Crescent Ave., South Bend, IN 46617 1 -574- 318 -3003 Owner Name: 1827 Bendix Holdings LLC Owner Address: Ste 400, Grand Rapids, MI 49503 Property Address: 1827 N. Bendix Owner Name: 1827 Bendix Holdings LLC Owner Address: Ste 400, Grand Rapids, MI 49503 Property Address: 18 3500 Voorde Drive Owner Name: Republic National Distributing Company of Indiana LLC Owner Address: 700 W. Morris St, Indianapolis, IN 46225 Property Address: 1880 N. Kenmore Owner Name: N & D Enterprises Inc Owner Address: P.O. Box 1338, Elkhart, IN 46515 Property Address: 3409 Voorde Drive Owner Name: Lalwani LLC Owner Address: 1901 Bendix Drive Property Address: 1901 N. Bendix Owner Name: Mittiga Maria Owner Address: 26142 Twin Lakes Trail, South Bend, IN 46628 Property Address: 1735 N. Bendix Drive 1� 17 I r—P, Lr� 00 BANG XICIN39'N EL 0 < C4 F_ LU 0 0 I iz- __l zq --- ii. !L02 �­+7-7-11 17 I r—P, Lr� 00 EL LL: C4 _4 Id Z6 I 17 I r—P, Lr� 00 ---------- I nt R 0 -d Cd OM u U2 2 Z wm z 0 cl) X 2- y YAM LL: _4 Id Z6 I iz- __l -T - ---------- I nt R 0 -d Cd OM u U2 2 Z wm z 0 cl) X 2- y YAM Q (D 0© 0 2 8'" ,55 2 00'.1 , ds HP al, it I l 1 A- fFQ It ii vil OEM IN > (D Z c m t �-q P -J .E.DIJI DRIVE •4d mov. i6p Kcgx lz ppl- E SURVEY A"T""'C'" LAND TTL W�MOND RMSUN WI 1827N.SENDIXORIVElk3SoovooRDEDRNE soon } ( ( ! { { j §\ ) §) �h§ §|[ B |R HA ) h § \ � ( �( $§ w e \§ HR5 ;\ / �\ \ [)! |) � )§ � �) !i |( !§ � \! |) § | eN &;_« �| ( ��| � !|; �\ :ƒ e7% � q , � ! ;; !; )� ) §i |MIM � . §! AN \ i � § ) � � � ! ) §� (@ /q ' ~| \ k � ( �( $§ w e \§ HR5 ;\ / �\ \ [)! |) � )§ � �) !i |( !§ � \! |) § | eN &;_« �| ( ��| � !|; �\ :ƒ e7% � q , � ! ;; !; )� ) §i |MIM � . §! AN \ i � § ) � � � ! ) AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 574/235 -9554 574/235 -5541 -Fax NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that a public hearing will be held by the Area Board of Zoning Appeals on Wednesday, the 6th day of August 2014 , at 1:30 p.m. in the Council Chambers on the 4`h Floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. A petition is on file by South Bend City Clerk, 7/14/2014 Seeking: On property commonly described as: Industrial building Qn the northwesLmner of the intersection of Bend6x Ed, and Voorde nr. Said public hearing will be held as authorized by the applicable Zoning Ordinance and Chapter 138, Acts of 1957 of the General Assembly of the State of Indiana. As a property owner within the immediate appeal area, this notice is sent to you as a courtesy. Sometimes, for reasons beyond our control, property owners within the immediate area of the subject property will not receive a copy of this notice. If you know of someone who should have received notice but didn't, please inform them of this hearing. Any persons desiring to oppose or support this petition will be heard at the time of the hearing. AREA BOARD OF ZONING APPEALS Carolyn A. Henry Secretary to the Board NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public hearing in the Council Chambers on the 4th Floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 6th day of August 2014 , at 1:30 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that was Filed by: South Bend City Clerk, 7/14/2014 Seeking: _Special Exception zoning for 1827 Bendix Rd South Bend IN 46628 to allow St Vincent De Paul Society to exercise retail operations within their proposed legally leased portion of the facility. Current zoning is Light Industrial. On real estate commonly described as: Industrial building on the northwest corner of the intersection of Bendix Rd and Voorde Dr and is legally described as follows: Parcel Of Land 455'X727'Sec 33 38 2e Ex SE Cor -03 A +- 08 /OAS lit to Q4 for Street 9530QCD 11 -28 -07 Dated this day of Area Board of Zoning Appeals Carolyn A. Henry Secretary to the Board TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary of the Board of Zoning Appeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, being at least ten (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of public hearing. LAWRENCE P. MAGLIOZZI INTERIM EXECUTIVE DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (S 7 4 ) 23 S 9 S 71 July 24, 2014 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning items to be heard at the Area Board of Zoning Appeals meeting on Wednesday August 6 2014. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, (2) The use and value of the area .adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 4. Petition of Devon Hastings. The staff is generally in favor of the height variance, except for the 25' x 25' clear site area at the intersection of Erskine and Victoria. The petitioner can either reduce the height of the fence in this area to 3' or put the fence on an angle, but the staff would not support a clear site area variance. . CLEAR , CLEAR SIGHT I LU I SIGHT AREA ¢ AREA lAT . _ . _ .LRL . 11U /ZRM/ STREET 6. Petition of Michael Grzeskowiak. The staff is in favor of a height variance, but only to the height needed to accommodate the proposed building. The definition of building height is "The vertical distance from the curb level to the highest point of the under side of the ceiling beams in the case of a flat roof to the deck line of a mansard roof and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip, or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating the height." An elevation or building plans may be helpful in determining the height, insuring that the requested variance is not greater than needed. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W. ST 10 S F PH C 0 U N T Y, N D, A N A C 0 X I, r • p I , , 7. Petition of Hoosier Sport. The staff is generally in favor of the fence height variance. In order to screen the residential neighbors to the east, the staff recommends the east end of the fence be screened. Special Exception / Special Use A special exception use /special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. 9. Petition of St. Vincent de Paul Society. Based on information available prior to the Board meeting, the staff recommends the special exception use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort community moral standards, convenience or general welfare. Allowing retail sales in an industrial area and within an industrial building will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use will fill a vacant space on a busy street. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. Bendix is a mostly industrial area, with some commercial mixed in. Since this use will be fronting on Bendix, any adverse affect would not extend to residential areas. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. Bendix is a highly travelled road, connecting the Lincolnway corridor to the Portage corridor. In November 2012, the MACOG traffic count on Bendix at Elwood was 18205 AADT (The adjusted, 24 -hour annualized average daily traffic count based on 48 -hours of traffic data.) (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. One of the land use objectives of City Plan is to "pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map ". The future land use map identifies this area of Bendix as light industrial. Sincerely, Jt Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W. S 110 S E PH C O U N T Y IN" 1 A N A CO N I.... y I , , AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 August 7, 2014 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception for St. Vincent DePaul Society ABZA 8/6/14 Dear Council Members: The above referenced petition of St. Vincent DePaul Society ofSt Joseph County was legally advertised on July 17, 2014. The Area Board ofZoning Appeals gave it apublic hearing on August 6, 2014, at which time the followingactionwastaken: Upon a motion by Mr. Phipps, being seconded by Mr. Matthys and carried unanimously, the petition for Special Exception to allow Retail Sales in a "LI" District, on property located at 1827 Bendix Road is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Mark A. Lyons Assistant Zoning Administrator MAL /cah PETITION OF ST. VINCENT DePAUL SOCIETY SPECIAL EXCECTION AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PRPOSED SPECIAL USE WILL NOT BE INIURIUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, BECAUSE: CONVENIENCE OR GENERAL WLFAFE Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE ST. JOSEPH COUNTY COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS or REVISIONS: DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto the Roseland Town Council with a: ADOPTED this 6TH Day of AUGUST, 2014. YES NO ABSEBT MICHAEL URBANSKI 0 GERALD PHIPPS RANDALL MATT14YS BRENDAN CRUMLISH JOE VELLEMAN JACK YOUNG ROBERT HAWLEY 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 501 West South Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR SWING- BATTER - SWING, 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 501 West South Street which is more particularly described as: Pt Lots 5 -8 & 13 -16 Blk 7 Lot 7 & Lot 15 Blk 8 Pt Lots 31 -39 Blk 9 Lot 9 -13 Pt 14 Blk 10 Vails Sw Add & Pt Lot 68 69 -72 Martin's Add & Vac Alleys & Sts Cont. 4.834 ac +- and which has Key Number 018 - 3014 - 051501 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. 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. ,,rccaNTED NOT APPROYM Member of the Common Council f+ii in Clerk's Offic E I `P 3 2014 i =yT y CLERKNSOUTRPi RkNrN , IN TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: SWING- BATTER - SWING, LLC DATE: August 26, 2014 On August 25, 2014, a petition for real property tax abatement consideration for property located at 501 West South Street was filed with the City Clerk by Swing- Batter -Swing 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 The petitioner is seeking a tax abatement for a professional batting facility on property currently owned by the South Bend Parks Department. Swing- Batter -Swing will build an 11,200 square foot first class indoor hitting and training facility. The facility will consist of six indoor tunnels and two regulation pitching mounds. In addition to the facility being used by the Silver Hawks and visiting Midwest League teams, the facility will be operated on an annual basis for the region. There will be the opportunity for individual training, team training, or even the ability to bring out the family and spend time hitting in a batting cage. The intent is to cater to both baseball and softball. The facility would be run by a full -time, reputable baseball professional. There will be a second level, known as the observational deck that will provide an area for parents to watch their kids participate. It will be an exciting facility that will help to attract more people to downtown South Bend outside of Silver South Bend Common Council RE: Tax Abatement for Swing- Batter - Swing, LLC August 26, 2014 Page 2 Hawks baseball season. The Common Council is asked to approve this as an exception to the current Code as service industries are not targeted for development in the Code. Based on an eight year abatement, taxes abated would be $103,256 and net tax paid would be $143,508. EMPLOYMENT IMPACT Per the petition, one job will be created with a payroll of $30,000. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the Petitioner, Swing-Batter-Swing, 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 Central 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 -84, Council's Authority To Enlarge Real Property General Standards. . PP,ESENTED f4QT APi RO. y . W 014 OIL ! I it. 3 OUTH BEND, IN 6 YEAR Tax Kay Nomper Current ACa9aseEValw: E39maW "r COak Aaaaased Vaw cmremnua:saq valve 6aaeAUeeseq vakw 1.escAbawmem Dmaawn Net ASSesseO Valor Pmoam7axoa Asama wnHa,t fax raw W Gran Tax (tax raw xwt aaaea,ap Slue) Lms Ciwit Breaker Cmlit N.T. oirwa Breaker cap CLwit Breaker Debt Smkw Circus 8,akv Cap 100% 65% 26- Aug -14 451080 i4e ff 30845 0 0 0 5,410 0 5 0 Swing Batter Swing LLC 16,619 0 1B6 22,540 22,510 27,949 0 27.949 South Bend Portage Township 39,219 9069) 30151 30m0% 0 0.6289% 0 25,6m 5315 Heal Property Tax Abatement Schedule' 25.500 —1 25.500 ..tee 25.500 ..._.. 0185014-051501 25.500 25.500 25.500 0 30.Ba5 30.&5 0 1,000,000 10.00% 0 30.845 39845 Guam wb. 100% 88% 75% W% m% W% 25% AV& A aapaat ve_m1 vaa0 Tear3 0 rav e Yap" Ymr6 13% Y-17 0 0 0 0 0 0 Yeas 0 es0,aao em,0m es0,am eso,0oa 85." 8m,om 850.000 ammo a,n Mo 5.3035% 5.3035% 5.3035% 5.3035% 5.3035% 5.3035% 53035% 53035% 53035% 53035% 0 0 451080 i4e ff 30845 0 0 0 5,410 0 5 0 11,270 0 ,210 16,619 0 1B6 22,540 22,510 27,949 0 27.949 33,810 !4300 29,509 39,219 9069) 30151 30m0% 0 0.6289% 0 25,6m 5315 25.500 n 25.500 —1 25.500 ..tee 25.500 ..._.. 25,Sm _ _ _ 25.500 25.500 25.500 yang essixnes wmwnt vex rawa. The itwtax values Filed in Clerk's Office 1..y, 2QiA JOHN VOORDE CITY CLERK. SOUTH BEND, IIN N. Ccmdn. Net EusSy Pfy Exisdr B New Tax Tax Y.., ?a9aa Tmg j;g; A�w Paid 1 o 300{5 30.Ba5 30.&5 0 2 0 30.845 39845 25,436 5,410 3 0 3.815 3.845 19,576 11,270 4 a 30, &5 30,845 KIN 16.679 5 0 3.845 3.805 8,306 22,510 6 0 30845 30,845 2,8% 27,949 7 0 308{5 30,815 1,338 29,509 8 0 30.60.5 30,845 695 30151 Totals 0 20678{ 2{6.]84 103,256 113 5W yang essixnes wmwnt vex rawa. The itwtax values Filed in Clerk's Office 1..y, 2QiA JOHN VOORDE CITY CLERK. SOUTH BEND, IIN F0URWIND& 1� FIELD ��k, sotsrrrsnm P.O. Box 4218 South Bond, IN 46634 P: 574,235.9988 V A� F: 574.235.9950 .�� August 24, 2014, John Uoorde, City Clerk City of South Bend 227 West Jefferson Boulevard, Suite 400 S South Bend, IN 46601 Member of the Midwest League RE: Tax Abatement Application for South Bend Silver Hawks Professional Batting Facility Dear Mr. Uoorde, Attached please find the petition of Swing- Batter - Swing, LLC (the "Petitioner'), the owner of the South Bend Silver Hawks professional baseball franchise, seeking real property tax abatement for a proposed professional batting facility to be constructed on property currently owned by the South Bend Parks Department. The property will ultimately be conveyed to the Petitioner as the owner and operator of the facility. Additionally enclosed is our filing fee in the amount of $250. If there is any additional information required for this petition, we would be happy to provide it. Sincerely, oe Hart President Attachments cc: Andrew Berlin Scott Ford Kathy Hahn Richard L. Hill Mark Neal David M. Rafinski David Relos Kathryn Roos Phil St. Clair Brock Zeeb A Dopy- Affiliate team of the Arizona Diamondbacks Filed in Clprws Office Au0_ 55 2014 CITY CL RKNSOU H BEND, IN Ciiy of South Bend Peti #ion for Inceni�, Facility LLC www.silverhawks.com ampinY.senbrotHClilttzlne ' Chicaqo, IL 60661 312.869.7556 Inaursv .;.I I tonlecommkdNebpme� partners ..: aobroval lY /Yl cxy, sax, 37 wmpam;pr0tiMandwhythe Swing- Batter -Swing LLC is building a 11,200 sq. ft. 1st class indoor hitting and Prcpertyisnetessaryfor ` - training facility. The facility will consist of 6 indoor tunnels and two regulation ewnomkgwwth pitching mounds. In addition to the facility being used by the Silver Hawks and visiting Midwest League teams, the facility will be operated on an annual basis for the region. There will be the opportunity for individual training, team training or even the ability to bring out the family and spend some time in a batting cage. The intent is to cater to both baseball and softball. The facility would be run by a full -time, reputable baseball professional. There will be a second level, known as the observation deck, that will provide an area for parents to watch their kids participate. It will be an exciting facility that will help attract more people to downtown South Bend outside of Silver Hawks baseball season. Certified Teihnotogy Park appropriate N Community Reviblintkn Enhancement - N Geruhuwetheeafltltngpeti "iBenasn4t6eeil;: Y N/A "ifthists'a:pe8tton farpeisuhal Qropertybxaheteme�R ha3' N I) 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 Filed in C(-_ <r,a Office AUG 2 5 2014 JOHN YC ORDE CITY CLERK, SOUTH BEND, IN 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 CRED area, please check to see if you fall within the boundaries. CREeD District Boundary Grace 5ooy� South - � FobaH D and J Ounhem 4 ..... x° Z Fi4Mr ; Tuh TW $ - SamDb '3 Ken OM. Gant 3 IgNUOn SNO C � �R v ... ! Woamvay . 4 - Henry Uper,a N QGiE.0 Oi4i< �. tD�ana S IMgne A Q SouN ema a.rcats $LSD (ry` 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 funding must 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 that you will train per year over the length of the project. Ifyou have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the Department of Community Investment at 574. 235.5842 or email at sheintzena southbendin gov STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS S State Form 61767 (R4 /2 -13) Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualities under the fol ❑ Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1 -12. ❑ Residentially distressed area (IC 6.1.1- 12.1 -4.1) INSTRUCTIONS: 1. This statement must be submittedto the body designating the Economic RevlteAzatiOn 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 orrehati itsifat of n Ec property for which the person wishes to claim a deduction. 'Projects "planned or committed to after July 1, 1987, and areas designated after July f, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1 -12.1) 2. Appro val of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilftation, BEFORE a deduction maybe approved. 3. To obtain a deduction, a Form 32ZRE must be Aled w th the County Audltor before May 10 in the year in which the addition to assessed value lion Is made or not laterthan thirty (30) days afterthe assessment notice is mailed to the property owner if R was mailed afterApril 10. If the property owner misses the May 10 deadline in the initial year of occupation, he can apply between March 1 and May 10 of a subsequent year 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF- 1fRea1 Property annually to the application to show compliance with the Statement of Benefits. (IC 6.1.1- 12.1- 5.1(b) and IC 6-1.1- 1213.30)). .5. The schedules established under IC 6- 1.1- 121 -4(d) forrehabildated property apply to any economic revitel¢afion areas designated after June 30. 2000, unless an alternative deduction schedule is adopted by the designating body (/C 6-1.1- 12.1 -17). The schedules effective priorto July 1. 2000, shall continue to apply to economic revitafrzatloh areas designated before July 1, 2000. rflilt;ti ire i..a. t'iE.`�Y ra�rttssstia AUG 2 5 2014 JOHN WW9DE AWcr"8Wv r1rf4 W, IN I Nemeoftazpayer L Swing- Batter -Swing LLC Address or taxpayer (numterantl street ciix crate, and 21P code) 501 W. South Street, South Bend, IN 46601 Joe Hart Telephone number E -mail address ( 574 235 -9988 jhart@silverhawks.com Name of designating body Resolution number location of property County DLGF taxing 6-t-0 number 501 W. South Street, South Bend, IN 46601 St. Joseph Description of real progeny improvements, redevelopment, or rehabilitation (use additional sheers if necessary) Estimated start dale (month, day, yeai) 10/1/2014 Estimated completion date (monN, day, year) 4/1/2015 r Cumenl number Salaries Numberrelained .,,.. • ..•.• , • -• Salaries Numberadditional 0 N/A Salaries 3 $85,000+ REAL ESTATE IMPROVEMENTS Current values COST SSESSED A VALUE � Plus estimated values of proposed project Less values of any property being replaced 0 Net estimated values upon completion of pro'ect MORT, M, • • . Estimated sorid waste converted (pounds) Estimated hazardous waste converted (pounds) v - Swing- Batter -Swing LLC is building a 11,200 sq. ft. 1st class indoor hitting and training facility. The facility will consist of 6 indoor tunnels and two regulation pitching mounds. The facility will be operated on an annual basis for the region. It will be an exciting facility that will help attract more people to downtown South Bend outside of Silver Hawks baseball season. I hereby certify that the representations in this statement are true. Page 1 of 2 We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed under IC 6.1.1 -12.1, provides for the following [irritations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below), The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements m Yes ❑ No 2. Residentially distressed areas ❑ Yes ® No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions E. The deduction is allowed for years' (see below). F. Did the designating body adopt an alternative deduction schedule per IC 6- 1.1- 12.1 -17? ❑ Yes ❑ No If yes, attach a copy of the alternative deduction schedule to this form. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Attested by (signature number body (month, day, year) If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1- 12.1.4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000. the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 30, 2000, and is not in a residentially distressed area, the deduction period may not exceed ten (10) years. Page 2 of 2 Ila II I --J� L --J� L--J II I II II ELI `ill U 111 �--S L--j -n P- Ir ------ FO om 0 �7 i � J ` i 0 Irr -... ._.., .il I I• .. .. ...I _�! �Inl I -_ _1_...111 I..._.,....I _..I IL ILI_`I I! II I III III Inl III III lol III III Inl I I! .I F 3. -J I I I L _I�i _IJI I I li_1JJJ I I to LI_I�I _IJI I I I I I I I I I I I ! I I I I I I I I I I I AL-ALL 0 I UJJ .J Cr' U�7GJ YIQLLI=' 'JJV- Lo 0 n is zl0 JIm Z F O Z " W II W m a� V G J U a U ) / V z Q m w LU rn cl _z z 3 g O 0 U- LL z I W N W s a a R e I_�... �.. .. .,1 I� I Inl II Irr -... ._.., .il I I• .. .. ...I _�! �Inl I -_ _1_...111 I..._.,....I _..I I,.,_..1_- ,- ..,�II ILI_`I I! II I III III Inl III III lol III III Inl I I! _I I I I I -J I I I L _I�i _IJI I I li_1JJJ I I Ll_I_I _1 J I I LI_I�I _IJI I I I I I I I I I I I ! I I I I I I I I I I I I I I I I I I I I I I I ! I I I I i ! I I I I I I I I I I I I I I I I I II I I I I ! I I I I I L___J I I I I I I I I I I 1 I 1 I I I I AL-ALL 0 I UJJ .J Cr' U�7GJ YIQLLI=' 'JJV- Lo 0 n is zl0 JIm Z F O Z " W II W m a� V G J U a U ) / V z Q m w LU rn cl _z z 3 g O 0 U- LL z I W N W s a a R e V. k XA ®® 1® ,, Ji ?t l' i j�. i,l! , faI'� �_iY ; ��G �p << r. /.l < � °ep °ae°o °' - - i :L >i�� ^moo° -_ - _ @'a `. � gg � w .m1� ®s �0e. _ 0 _. �� \. ®� i® 4 LL 9 w_ W w E a w_ O LU z Z a i J U LL W Q U C7 Z Q m D W LL H 0 Z 3 0 0 W E a a z p � a W o U r Z O U o"