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08-10-15 Agenda, Packet & Committee Meeting Notice
OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK August 6, 2015 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for 3:30 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 15 -77 — Designating Tax Abatement- Manufacturing Technology Inc. - 402 N. Sheridan St. —2 year Vacant Building 2. Bill No. 15-78— Designating Tax Abatement— Manufacturing Technology Inc. -402 N. Sheridan St. — 5 year Personal Property 3:50 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1. Bill No.29 -15 — Amend the SBMC Chapter 21 — Planned Unit Development Districts 4:05 P.M. HEALTH & PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON 1. Update on the 911 Call Center (PSAP) — Todd Geer 2. 4:35 P.M. COMMITTEE OF THE WHOLE KAREN L. WHITE, CHAIRPERSON 1. Interview applicants for the Dr. Martin Luther King Jr. Street Naming Committee Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Committee of the Whole. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment 455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574- 235 -9221 • Fax 574- 235 -9173 • TDD 574- 235 -5567 • www.SouthBen&N.gov KAREEMAH FOWLER JANICE TALBOOM EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK cc: Mayor Pete Buttigieg Committee Meeting List News Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS: Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. nr_Fnm n SOUTH BEND COMMON COUNCIL MEETING MONDAY, AUGUST 10, 2015 1. INVOCATION - CHARLOTTE PFEIFER 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7:00 P.M. 15 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY CONGRATULATING JOHN MICHAEL HANKERSON ON WINNING THE INDIANA STATE CHAMPIONSHIP IN TRACK FOR THE 100 METER DASH AND WISHING HIM A GREAT SENIOR YEAR AS A STAR WASHINGTON HIGH SCHOOL STUDENT- ATHLETE 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 29 -15 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, AS A MENDED, BY REPEALING AND REPLACING ARTICLE 5, PLANNED UNIT DEVELOPMENT DISTRICTS 8. BILLS, THIRD READING TIME: BILL NO. 29 -15 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, AS AMENDED, BY REPEALING AND REPLACING ARTICLE 5, PLANNED UNIT DEVELOPMENT DISTRICTS 9. RESOLUTIONS BILL NO. 15 -76 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 810 N. ST. PETER ST., SOUTH BEND IN 46617 AS A RESIENTIALLY DISTESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL .REAL PROPERTY TAX ABATEMENT FOR THOMAS AND LISA LOUGHRAN 15 -77 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 402 N. SHERIDAN ST., SOUTH BEND IN 46619 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF (2) TWO YEAR VACANT BUILDING TAX ABATEMENT FOR MANUFACTURING TECHNOLOGY, INC 15 -78 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 402 N. SHERIDAN ST., SOUTH BEND, IN 46619 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MANUFACTURING TECHNOLOGY, INC 10. BILLS, FIRST READING BILL Nn_ 36 -15 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2906, 2910, AND 2920 MISHAWKA AVENUE, SOUTH BEND IN 46615, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 37 -15 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 706 EDDY ST. AND 1111 BISSELL, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 38 -15 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE 600 BLOCK OF NORTH HICKORY ROAD AND THE 3500 BLOCK OF EAST MCKINLEY AVENUE, SOUTH BEND, INDIANA COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 39 -15 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 635 SOUTH LAFAYETTE BOULEVARD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council's website, and also in paper format in the Office of the City Clerk, 4« Floor County -City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. :M:p EN LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Dirc vlv AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN eel w. Jtert Rb VN BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74) 111 -9171 Zc, Wednesday, July 22, 2015 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, amending and supplementing Chapter 21: Zoning Ordinance of the City of South Bend municipal code, as amended, repealing and replacing Article 5, Planned Unit Development Districts - APC# 2745 -15. Dear Council Members: hereby Certify that the above referenced ordinance of APC Initiated was legally advertised on Thursday, July 09, 2015 and that the Area Plan Commission at its public hearing on Tuesday, July 21, 2015 took the following action: Upon a motion by John DeLee, being seconded by Steve Vojtko and unanimously carried, the ordinance initiated by the Area Plan Commission, amending and supplementing Chapter 21: Zoning Ordinance of the City of South Bend municipal code, as amended, repealing and replacing Article 5, Planned Unit Development Districts, is sent to the Common Council with a FAVORABLE recommendation. Updating the Planned Unit Development District will continue to allow for creative and unique development while reinforcing the intent, establishing a framework for the process, and modernizing the language contained within. 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 to you at a later date to be made a part of this report. Sincerely, 1 pmot- Lawrence P Attachment ? ?J,4; /fir . Magliozzi SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW. STJOSEPHCOUNTYIND IANA.COMIAREAPLAN Staff Report 7/9/2015 APC # 2745 -15 Owner: APC Initiated Location: Text Amendment - City PUD Jurisdiction: City of South Bend Public Hearing Date: 7/21/2015 Requested Action: The requested action is a text amendment initiated by the Area Plan Commission, amending and supplementing Chapter 21: Zoning Ordinance of the City of South Bend municipal code, as amended, repealing and replacing Article 5, Planned Unit Development Districts. Staff Comments: The South Bend Zoning Ordinance has been in place since 2004. The proposed ordinance includes the following changes: 1) The language in the INTENT section has been simplified and strengthened; 2) Removed the Area Requirement; 3) Added a requirement that the Concept Plan be filed at least two weeks prior to the filing of a PUD District ordinance; 4) Re- structured submittal requirements for the Concept Plan, Preliminary Plan and Secondary Approval; 5) Preliminary Plan now has two components: i. The Ordinance which provides all of the development standards formatted as a "report"; and ii. A site plan; 6) Secondary Approvals will be recorded; and 7) Simplified the language where possible. The following revisions have been made since the Ordinance was filed: 1) Section (c) (12) Recording was deleted; and 2) Section (c) (13) was renumbered to (c) (12) accordingly. Recommendation: Based on information available prior to the public hearing, the staff recommends the text amendment be sent to the Common Council with a favorable recommendation. Analysis: Updating the Planned Unit Development District will continue to allow for creative and unique development while reinforcing the intent, establishing a framework for the process, and modernizing the language contained within. APC # 2745 -15 Page 1 of I = --F"- 4V 0 LAWRENCE P. MAGLIOZZI E XT. C U'rIV F. DIRECTOR Angela M. Smith DOPuLy Dlre L tOr AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 327 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74) 23S,9571 July 22, 2015 South Bend Common Council 4m Floor, County -City Building South Bend, IN 46601 RE: Bill #29 -15 APC# 2745 -15 Text Amendment Initiated by the Area Plan Commission Dear Council Members: The following changes have been made to the Ordinance for the above referenced petition: Ordinance: 1) Section (c) (1) (B) Corrected terminology to reflect updated ordinance requirements by replacing "Preliminary Plan" with "Petition for Zone Map Change to PUD District ". 2) Section (c) (12) Recording was deleted; 3) Section (c) (13) was renumbered to (c) (12) accordingly; 4) Section (d) (2) (A) and (C) were amended to add "beyond what was originally approved during the Zone Map Change to PUD ". This will clarify the authority to approve minor modifications that meet the development standards specified during the original Petition for Zone Map Amendment. A Copy of the revised Ordinance is attached. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, Angela M. Smith Deputy Director SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W W W ST I 0 S E PH C 0 V N T Y I N D I A N A. C O H I A P f A F L 0 N Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, AS AMENDED, BY REPEALING AND REPLACING ARTICLE 5, PLANNED UNIT DEVELOPMENT DISTRICTS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. The zoning ordinance allows for Planned Unit Developments. As market conditions and development structure has changed, a need was created to update the Planned Unit Development District in order to create more sustainable developments. 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, be amended by repealing and replacing Article 5, Planned Unit Development District as follows: PLANNED UNIT DEVELOPMENT DISTRICT. (a) INTENT. (1) The Planned Unit Development (PUD) District is intended to: (A) Establish a compatible and efficient mix of land uses and open space; (B) Ensure compatibility with the Comprehensive Plan, surrounding developments and future development needs; (C) Establish a creative approach in building design through architectural compatibility with adjacent buildings, general neighborhood design or by creating a unique style; (D) Achieve flexibility and provide incentives for development that will sustain a wider range of choice in satisfying the changing needs of the community; and (E) Provide for any individual land or a combination of land uses not otherwise specified elsewhere in this Ordinance. (2) The PUD District is not intended for the development of residential subdivisions, Permitted Uses, or Special Exception Uses which are provided for within any district of this Ordinance. (3) The PUD District is not intended for developments seeking relief from developments standards within a district in which the use is permitted. (b) PERMITTED USES AND DEVELOPMENT STANDARDS. (1) Permitted Uses. (A) Primary uses in the PUD District shall be any use or range of uses specified in the PUD District Ordinance establishing such District. (B) Accessory uses, home occupations or temporary uses, unless otherwise specified in the PUD District, shall be permitted in a manner customarily associated with the primary use specified in the PUD District Ordinance. (2) Development Standards. (A) The PUD District shall specify development standards applicable to each permitted use in the PUD District and, at a minimum, shall adopt or include a variation of each development standard that is applicable to each such use in the district in which each such use is first permitted. (B) In any case in which an applicable development standard has not been specified in the petition for zone map change to the PUD District, the development standard shall be that which is specified in the district in which the use is first permitted. (c) PROCEDURE FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT. (1) General. (A) The complete review and approval process for a PUD consists of three (3) components: Submittal of Concept Plan per §21 -05 (c) (2) Concept Plan; ii. Submittal of a Petition for zone map change per §21 -05 (c) (3) Petition for Zone Map Change to PUD District; and, iii. Submittal for Secondary Approval per §21 -05 (c) (7) Secondary Approval. (B) A petitioner may elect to proceed with Petition for Zone Map Change to PUD District and Secondary Approval separately, or may elect to combine them for joint approval as set forth in § 154.227 (c) (5) (B), below. (C) If filed separately, the procedure for filing for approval of a zone map change shall be the same as that required for any other petition for zone map change before the Area Plan Commission, except as otherwise provided for in this chapter. (2) Concept Plan. (A) The filing of a Concept Plan is required. The review of the Concept Plan by the Staff will create an understanding between the Staff and the developer which may help to alleviate future misunderstandings and extensive revisions. (B) The petitioner shall submit a Concept Plana minimum often (10) business days prior to filing a petition for zone map change to the PUD District, which shall include the following: A statement demonstrating how the proposed PUD meets the intent of §21 -05 (a) Intent; Proposed locations and types of uses within the area proposed; iii. Preliminary layout of streets, open space, and other elements basic to the proposal in relationship to existing site conditions and adjacent properties; (C) Staff shall review the proposed Concept Plan taking into consideration the following: i. That the proposed PUD District meets the requirements of §21 -05 (a) Intent; ii. Protection and enhancement of the natural and environmentally sensitive features on the site, including, but not limited to topography, wooded areas, water features, wetlands, floodways, floodplains and regulated drains; iii. Development of common areas, open space or recreational areas (passive or active) accessible to the residents or users of the PUD by way of sidewalks, footpaths or combined walkways/bikeways; iv. Building designs which achieve added value to the community; and, V. Relationship to surrounding properties. (D) The Staff shall notify the petitioner of any comments related to the submitted Concept Plan within ten (10) business days of the submittal. Upon receipt of the Staff comments, the petitioner may modify the Concept Plan and resubmit a revised Concept Plan for additional review by Staff or file a petition for zone map change as set forth per § 21 -05 (c) (3) Petition for Zone Map Change to PUD District. (E) Neither the Staffs review of the Concept Plan submitted for review nor Staff's comments to the petitioner shall be considered a denial, approval or decision concerning the proposed PUD District. (3) Petition for Zone Map Change to PUD District. (A) A request for a zone map change to a PUD District shall contain the following: i. All documentation and requirements as regulated by §21 -09.05 (e) (2) Zone Map Amendments; ii. A Preliminary Plan that satisfies the requirements below, and shall specify in either General Terms or Detailed Terms the permitted uses and development standards that will apply to the PUD District: a. Detailed Terms. A Preliminary Plan which includes a detailed description of all development requirements that apply to the proposed PUD District on any of the site plans, building elevations, landscape plans, sign plans, or any other plan required by this Ordinance in sufficient detail to fulfill the requirements for the issuance of an Improvement Location Permit; b. General Terms. A Preliminary Plan which do not comply with the requirements above for Detailed Terms shall be deemed to have expressed the development requirements that apply to the proposed PUD in General Terms only and shall require Secondary Approval, as set forth below, prior to the issuance of an Improvement Location Permit. (B) Preliminary Plan. A Preliminary Plan shall consist of the following: A PUD District Ordinance in 8 V2" x 1 1" format consisting of the following: a. Proposed name of the PUD District; b. Legal description of the proposed PUD District; C. Statement on how the proposed PUD District meets the requirements of §21 -05 (a) Intent; d. Permitted uses, accessory uses and temporary uses by location; e. Site development standards by use, such as but not limited to setbacks, densities, use of yards; f Proposals for handling traffic, general circulation and access points, sewage disposal, drainage, and other pertinent development features; g. Landscaping, buffering, tree preservation and use of open space; h. Lighting standards; i. Signs standards; j. Parking and Loading standards; k. Building design standards; and ii. A preliminary Site Plan of the overall PUD on plan sheets not to exceed twenty - four by thirty-six (24" x 36 ") in size consisting of the following: a. Proposed name of the PUD District b. North arrow, written and graphic scale; C. Boundaries of property with dimensions; d. General location of proposed land uses; e. Easements of record; f General layout of public and private streets, open space and other basic elements of the development; g. General location of all drainage and other utility features and any other pertinent development features; and h. Statement regarding how the PUD will be served by water and sewer; i.e well and septic or municipal water and sewer. Any other information requested in writing by the Executive Director or Area Plan Commission that would need to be included and /or addressed in either the PUD District Ordinance or the Site Plan. (4) Determination by the Area Plan Commission. In its determination of the appropriateness of the proposed PUD, the Area Plan Commission shall pay reasonable regard to the extent to which the proposal accomplishes the intent set forth in §21 -05 (a) Intent, above, and provides for the protection or provision of the site features and amenities outlined above. (5) Preliminary Plan Approval. (A) If the Preliminary Plan expresses development standards in General Terms, as described above, secondary approval as set forth in §21 -05 (c) (7) Secondary Approval, shall be required. (B) If the Preliminary Plan expresses development standards in Detailed Terms, as described above, the Petitioner may request Secondary Approval in connection with the approval of the zone map change to the PUD District, provided that any such approval shall be conditioned upon the Council adopting the zone map change to the PUD District. (6) Conditions. Conditions may be imposed on the approval of PUD District which are reasonably necessary to assure compliance with the permitted use, development standards and minimum requirements of the PUD District Ordinance. (7) Secondary Approval (A) Secondary Approval is required in the PUD District as a prerequisite to the issuance of an Improvement Location Permit. (B) The petitioner must file an application requesting Secondary Approval and submit the following: i. A final PUD District Ordinance which expresses the development standards in Detailed Terms addressing all of the requirements established and approved under Preliminary Plan Approval; and ii. A final site plan of the overall PUD on plan sheets not to exceed twenty -four by thirty -six (24" x 36 ") in size, consisting of all of the requirements of §21 -05 (C) (3) ii in detail, including any additional requirements approved under §21 -05 (5) Preliminary Plan Approval. iii. Any other information requested in writing by the Executive Director that would need to be included and/or addressed for Secondary Approval. (C) As part of the Secondary Approval, the following documentation may be required in order to meet the requirements for approval by the reviewing agencies. Location of all existing and proposed utility facilities and easements, including, but not limited to: sanitary sewer, water, storm water management, electric, gas, telephone and cable within two- hundred (200) feet of the real estate; ii. Drainage plan; iii. An erosion control plan for all areas of site disturbance. iv. Topographic contour every two (2) feet superimposed upon the proposed site plan portion of the site covered by the submitted plans; Proposed elevation of all building pads within the proposed development; vi. Plans and specifications for all infrastructure improvements required or proposed in the PUD; vii. Any other information specified elsewhere in this Ordinance as a prerequisite to the issuance of an improvement location permit; and (D) The Executive Director, during Secondary Review, shall specify any additional plan documentation or supporting information beyond that required by this subsection, which must be provided before the issuance of an Improvement Location Permit. (8) Secondary Approval Authority. (A) Authority for Secondary Approval is hereby delegated to the Executive Director. The Executive Director shall have a period of not more than fifteen (15) business days in which to review the proposed Secondary Approval application and either: Render a decision of approval or denial concerning the Secondary Approval; or Request in writing additional information from the applicant. If additional information is requested, the Executive Director shall have an additional period of fifteen (15) business days to review the information from the date the requested information is received. (B) The Executive Director may seek the advice and comment of the Executive Committee of the Area Plan Commission or other government review agencies prior to Secondary Approval. (C) Any decision of the Executive Director under this Section may be appealed by any interested party to the Area Plan Commission in accordance with the procedures of §21 -05 (g) Appeals of Executive Director's Decisions, below. (9) Proceedings/Notice. The proceedings required for Secondary Approval shall be the same as those required by this zoning ordinance for the review and issuance of an Improvement Location Permit. (10) Required Findings. (A) The Area Plan Commission or Executive Director may issue Secondary Approval only upon a finding that the plans submitted for Secondary Approval satisfy the PUD District Ordinance establishing such PUD District; (B) Secondary Approval shall be sealed with the Seal of the Area Plan Commission and retained in the office of the Area Plan Commission to be used in its continuing administration of the PUD. (11) Surety. Bonds or other written assurance may be required which are reasonably necessary to guarantee the timely completion of a public improvement required by the proposed PUD District Ordinance. Such bond or other written assurance shall be satisfactory to the Executive Director, and shall run to the Board of Public Works or any other public agency that will be responsible for the construction and maintenance of the public improvement. (12) Expiration. Secondary Approval of a PUD District Ordinance, whether submitted in its entirety or in development phases, does not expire. Upon an application for an Improvement Location Permit for the use or development of the property, whether in its entirety or in development phases, all required improvements shall be designed and constructed with the latest standards in effect at the time. (d) MODIFICATION OF PRELIMINARY PLAN OR SECONDARY APPROVAL (1) Request for modification. Request for determination of minor /major modification shall be provided in writing to the Executive Director detailing the extent of the change or changes. The Executive Director may request additional documentation that would be needed to determine whether the proposed changes qualify as Minor Modifications or Major Modifications and outlined below. (2) Minor Modifications. Minor modifications to a Preliminary Plan or Secondary Approval which has already received approval from the Area Plan Commission or the Executive and which do not involve: (A) an increase in height, area, bulk or intensity of land uses beyond what was originally approved during the Zone Map Change to PUD, unless the Area Board of Zoning Appeals Grants a variance for height, area, or bulk; (B) the designation of additional land uses; (C) the reduction of perimeter yards beyond what was originally approved during the Zone Map Change to PUD, unless the Area Board of Zoning Appeals grants a variance; (D) an encroachment into any drainage easement, regulated drain setback or floodplain; or, (E) the reduction in the amount of parking for any use below that which is required by Section 21 -07.04 of this Ordinance unless the Area Board of Zoning Appeals grants a variance, may be authorized by the Executive Director without a public hearing in its continuing administration of the PUD if, in the determination of the Executive Director, the requested minor modifications do not adversely impact the purpose or intent of the overall development. (3) Major Modifications. If the Executive Director determines that the proposed modification does not meet the criteria above or is of such a nature as to adversely impact the purpose or intent of the overall development the petitioner shall be required to file a new petition for zone map amendment. (e) SECONDARY PLAT APPROVAL The process for the approval and recording of a secondary plat for any development in a PUD approved pursuant to this section shall be issued in a manner consistent with that for any other subdivision within the St. Joseph County as set forth in the St. Joseph County Subdivision Control Ordinance, as amended, and with any additional requirements or commitments entered into in connection with the approval of the preliminary plan pursuant to this section. The approval and recording of a secondary plat is required prior to the issuance of an improvement location permit for any improvements on a lot. () MAINTENANCE OF COMMON OPEN SPACE In those PUD Districts in which open space, common areas or recreation areas are provided for the use and enjoyment of residents or users of the PUD District, the petitioner shall file documentary assurances that the permanent dedication and continuous maintenance of open space, common areas or recreation areas shall be made in accordance with the approved preliminary plan and secondary approval, and that the open space, common areas and recreation areas shall be made available to the residents and users of the overall development in the PUD at a reasonable and non - discriminatory rate of charge. Such documentary assurances shall be incorporated into the secondary plat that is recorded in the Office of the St. Joseph County Recorder or otherwise provided for through legally binding perpetual agreements as approved by the Area Plan Commission and the County. Such open space shall perpetually run with the PUD and shall not be developed or separated from the overall development in the PUD at a later date (unless no development of any portion of the PUD which is benefited by the open space, common areas or recreation areas has occurred and the entire area subject to the PUD is presented for zone map change). (g) APPEALS OF EXECUTIVE DIRECTOR'S DECISIONS (1) Generally. Any order, requirement, decision or determination by the Executive Director regarding a secondary approval, or a modification of a preliminary plan or secondary approval, may be appealed to the Area Plan Commission by any person claiming to be adversely affected by that order, requirement, decision or determination. (2) Appeal Process. The procedures for such an appeal are as follows: (A) Every appeal shall be filed within thirty (30) days from the order, requirement, decision or determination. (B) All appeals shall be determined by the Area Plan Commission at a public hearing for which any person claiming to be adversely affected by that order, requirement, decision, or determination shall comply with, and bear all costs associated with, the notification requirements as provided by rule of the Area Plan Commission. (C) The Area Plan Commission hearing shall be de novo, in the same manner as though the application was originally filed with the Area Plan Commission. (D) The decision of the Area Plan Commission with respect to a secondary approval, or a modification of a preliminary plan or secondary approval, shall be a final decision that may be reviewed only by certiorari procedures as provided in I.C. 36 -7 -4 -1016. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 3t �ty(�,,v,�_ �4 t'✓ P� an '�""6 f� � S. i �., C � VP r..Ea. ,81X1 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 —, 2015, at o'clock—.— M. City Clerk Approved and signed by me on the — day of o'clock —. M. Mayor of the City of South Bend, Indiana 2015, at Filed 11%01W IUL 6Ln Pa (s-=)� 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 810 N. St. Peter St., South Bend, IN 46617 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Thomas and Lisa Loughran 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: 810 N. St. Peter St., South Bend, IN 46617 and which is more particularly described as follows: THAT PART OF THE SOUTHEAST QUARTER, SECTION 1, TOWNSHIP 37 NORTH, RANGE 1 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BEING A RE- SUBDIVISION OF PART OF LOTS 20, 21, 22 AND 23 OF SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL RECORDED MARCH 20T" 2014 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDED AS INSTRUMENT NO. 1406256 SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1 -12.1 gt seo., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1- 12.1 et se q., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby 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 two (2) 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 a real 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 -12.1 et seq. 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. PRESENTED NOT ApPRO 'ADOPTO y✓" Member of the Common Council Filed in CloWs Office F�41 2�1 JOHN ti0 t➢rl3P C,'W- CLjERK, SOYTH SEND, IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 402 N. Sheridan St., South Bend, IN 46619 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (2) TWO -YEAR VACANT BUILDING TAX ABATEMENT FOR Manufacturing Technology, Inc. WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 402 N. Sheridan St., South Bend, IN 46619 and which is more particularly described as: Pt SW SE NE Cor Sheridan & Linden 12 Ac Sec 4 -37 -2e and which has Key Numbers 018- 2193 - 725801 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 seMc ., 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 sec., 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 (2) two 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 a Vacant Building Real Property Tax Abatement to be published 2 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 Council PRESENTED NOT APPROWA ADOPTZ Filed in Cleat's Office -0.Hk V06RDR C:fV I, PK, WLITH SEND, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 July 20, 2015 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Vacant Building Tax Abatement Petition for: Manufacturing Technology, Inc. Dear Council Member Ferlic: PHONE: 574/235-9371 FAX: 574/235 -9021 Please find the attached information pertaining to a vacant building tax abatement petition for Manufacturing Technology, Inc.: ➢ Department of Community Investment's summary report ➢ Copy of the petition ➢ Statement of Benefits form ➢ Supporting information. The report contains the Department's findings relative to the above petition. The project meets the qualifications for a (2) two year vacant building tax abatement. A representative from Manufacturing Technology, Inc. will be available to meet with the Committee on Monday, July 27, 2015. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9339. Sincerely, Brock Zeeb Director Economic Resources PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITN KAN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: VACANT BUILDING PROPERTY TAX ABATEMENT PETITION FOR: Manufacturing Technology, Inc. DATE: July 20, 2015 On Wednesday, July 15, 2015, a petition from Manufacturing Technology, Inc. was received and subsequently filed with the City Clerk for vacant building property tax abatement consideration for property to be located at 402 N. Sheridan St., South Bend, IN 46619. 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 (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY ➢ Expansion of manufacturing services, providing friction welding services and other ancillary pre and post - processing. Vertically integrate with customer's production needs and requirements. New facility will allow MTI to provide the scale and production flow to support high volume production, adding systems and production processes. ➢ $929,000 investment in improvements to existing building construction along with approximately $1.75M in new machinery & equipment, special tooling/retooling and new computer/IT hardware ➢ Total project taxes during two year abatement period — $145,128 ➢ Estimated taxes being abated during two year abatement period — $90,031 ➢ Total taxes to be paid during two year abatement period — $55,097 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: ➢ Create 7 permanent, full -time and zero (0) permanent, part-time jobs in the two year abatement period, representing a new annual payroll of $196,560 ➢ Retain 25 permanent, full -time jobs with an annual payroll of $382,000 PLANNING - NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB ABATEMENT QUALIFICATION A review of the tax abatements previously granted, finds that the petitioner has been granted or associated with a previous abatement. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a two (2) vacant building tax abatement under section IC. 6 -1.1- 12.1 -4.8. ( ! { ; \ / � _ !77° | . f f! ff -]k � `� !! «■■ !_!,. )2/ ||t}) !•| 9 `: §! \ ; \ / � _ !77° | . f -]k � `� !! «■■ !_!,. )2/ ||t}) !•| 9 `: §! \ $�!| °!! \� �(} )ƒ ; $�!| °!! \� �(} )ƒ St.Joseph Indiana, Assessor Page 1 of 1 St.Joseph Indiana, Assessor generated on 711512015 8:44:22 AMCDT Parcel Parcel ID Parcel Address AV - Total Land & Data as of Improv. 71 -08 -04 -451- 001.000 -026 402 N SHERIDAN - $2,004,700 7/1212015 8:28:00 PM Owner Information Owner Name Mohawk Flush Doors Inc. % Premdor Inc Owner Address Ste 300 Tampa FL 33602 -5105 Transfer Date 09/09/1991 Location Information District No. 026 Section & Plat Area No. 011 State Assigned District No. 026 Parcel Address 402 N SHERIDAN Routing No. 8 -C Parcel Address 402 N SHERIDAN Legal Desc. Pt Sw Se Ne Cor Sheridan & Linden 12 Ac Sec 4-37 - 2e Parcel Information Topography Services Zoning Level Y Water Y Property Class Code 350 High N Sewer Y Neighborhood Code 7126026 Low N Gas Y Neighborhood Factor 100.00 Rolling N Electricity Y Neighborhood Type B Swampy N Sidewalk N Street or Road Code A Flood Hazard Alley N Waterfront Property Type Assessment Information Current AV - Total Land $107,400 AV - Res. Land & Lots $0 Legal Acreage .0000 Current AV - Total Improv. $1,897,300 AV - Res, Improv. $0 Average AV /Acre $0 AV - Total Land &Improv. $2,004,700 AV - Res. Land & Improv. $0 Appraisal Date AV - Commercial Land $107,400 AV - Non -Res. Land $107,400 Reason for Change Code 19 AV - Comm.lmprov. $1,897,300 AV - Non -Res. Imp. $1,897,300 Prior AV -Total Land $107,400 AV - Comm. Land & Imp. $2,004,700 AV - Non -Res. Land & Improv. $2,004,700 Prior AV -Total Improv. $1,898,200 AV - Dwelling $0 AV - Classified Land $0 Adj. Factor Applied 0.00 AV - Farmland $0 AV - Homeslte(s) $0 httn• / /in- .atinsPnh- neceaanr vnve.rnmnx rnm /nronertvmnx /ACAMA Trndinnn/tnh nnrrel v07... 7/15/2015 City of South Bend rnenumcluring Technology, Inc. - - S Corp Manuraduring ' 402 N. Standen Street state Zip - sovlh Send. IN g4pee ( 4 acreage or pneare «glilre0 3 reecet At laalllty 117,700 Michael Laiman att 1207 W Washington Street SO'Ah Send, IN 46828 m° Doug Wall dress of Fomyln y W ryUd wet V, State, 2lp or ,a Owned (574) 293 -9490 OPeratino OMcer olynVbgN q ' uu Technology, Inc. Unit Manager Address tool aonomlc developm<m partners Cl... State,..V a oval Y N E s enerde,«IPUnn ayaa, ••-• company, Project, and why the Expansion of manu/actudng services, providing friction welding services and other ancillary g propertyleneaenaryfor e[onomlc and post- rocesstri p q l're- NewfacilP w g- Verticallyintergratewithcustomers' roductionneedsandre uirements. fty fll allow us to provide the Brovnh scale and production flow to support high volume Production, adding systems and production processes. We will consolidate two facilities, Sample Street FSW site which produces large panels and Washington Street RFW Into one facility for manufacturing of components. Washington Street will have additional space to expand equipment manufaeturina. rttea tit Glerk;n F i ,6 Technology Parts eppaoptlaie f anlN RevH+llutlo n Enhldfement that the evildlu Pi "It he' notlieen ,►Qtfia vQL�lyt)E. lea etHlon /or - - v P person+) proPerry}e�abaiemeni, has "— ^ "•` ° ^^�— i I l I I New Project Investment Calendar Year 2015 2016 1 1 18 2019 2020 2021 2022 LanJ'At�ulsllldn -- °"� 94d1n9 Leese Peygents Bullding Pu¢hase{oste SBOOOw New building EOmlrualon Existing BNldozi6proVemem,r S959'M 680,000 1200. , New Me rhumry$[qulpm en 4 a S530.M 5720,000 $W.M Spetlal To 011hg /Retooling a $200.00D SSD.D00 350,000 New Furnitare /Hl tures 530.001) 55,000 55,000 New COrrlpute / /IT Hardware X334,680 519],)60 $20,900 NewSOftwale 535,000 SS,000 58.000 Omslte Rill lnlri.tru[ture O�site Flbkylnlutli store Fuivinime-Permianent Indiana-Resident Positions , Cd¢ridafYeS[ 'lotis rel7UeJ TVfaITDUtlY% ' CumuletNeS OrneI NE'W Yull(hrle RaOiH ivFhlelVa eV/ /6: !F.�)1166rY1 I,F'xtya)Y(oLe Wkje W/0 perm•alPt1a65 Realed•tprOfeet benlRu0ib6MSee DI. {p}Peatlllar�l-- (gin{tf2pbl p {�Or cumul•IIVI p¢t BeW )obs: nol LU YIPI YE Sonuiea. Tumula[Ide 2015 26 382000 5 $13 8116,10 6 2016 7 $14 63760 6 2017 10 $14 53760 6 2018 ... 12 $14 53760 6 2019 14 $14 3020 M6; 16 E74 h V. $16 2021 +. 20 >'. 2022 22 $16 2023 24 $16 2024 26 $16 , 2025 28 $16 20x6 30 $16 Full time Parttlme , Ilboren $13.10 hchnisel $34 ma'nng'W $36 AdmWWaliee $16 ow et e n ua nepone a or lror ma n{ with Carol Senour(Hvman ResourcesI W.4 neo a nn Does your company bw en. EEO h9l, poliryi Yes Neyousn(EOfmployer7 Yes • pleuel)es <ribe yaw e6inmameb(lo ANersltyanE ln<lyslen byye4111�,9�� 2014 6rment orts (oihe last c it. FUll Time part Time Partilme 5 0 0 All Jobs postings state EOE/AA work (corporate 2 0 o place. numbers reflected on the left.) 3 0 'India" 0 0 0 0 0 0 Female 18 0 14 0 16 0 Other 1 0 1 0 2 0 Informatlpn is re4dl?e'd on both the construct on "bo gan)e; and t}ie " tompanlesWhich will provide materials putchaied for this protect: Please complete the table bglow with the appropj(ate Intor .,a If IF t•': you quality fkr thgpolnts, plgaseerifer1he 'fulFemougtoiJayallable Quality (Yes or Nu) Earned Points Avallable Points 3. Co syuetlona -`'n ors•, A - - Em filby local CompOles (75Y)' Yes 20 20 Purchas¢ fda[enals from Lodal Compapies.(d5 %) Yes 20 20 Rel{pire Employees vs; IndRpendept,CO[tlriptpis, b �� Repu)re,YreVal(Ing Wage ,(0'361s Bpcolt) No Na 19 22 E. r_s R4947fe Health BRpegts �.. No 2Z F. �� gequire petghi Benefits No 18 G.. -- Maintain Afflrmatrye Acllon,Plan No 20 Subtotal Constfuttlun Related: 40 141 2 Wage& B fltR I't dtOvi P Yes 33 33 A. Pay Target Wage Levels 8. - Provide Health Benefits Yes 34 34 C. Provide Pension Benefits No 29 D. Provide Training Yes 28 28 E. Provide Child Care No 15 F. Provide Transportation Assistance No 14 G. Provide Employer Assisted Housing program Yes 9 9 Sub -total Wage & Benefit Related: 104 162 3 Workforce Related: A. Create New Jobs Yes 42 B. Retaln Existing Jobs Yes 41 C. Maintain Affirmative Action Plan Yes 35 M34 D. Provide Targeted Hiring Preference Sutidotal Workforce Related: 118 4 ImciEt a Wiildoal Facility A Izoo, Support a SB Municipal Facility (donations to the conservatory, museum, etc.) Yes 84 84 - Name bfjatlllty.' Sub -total Municpal Facility:.. B4 84 Sub -total from Above: - 34B 539 The undersigned owner(s) of real property, located within the City of South Bend, herby petition the Common Council of the Cl of Sotith trend fora real and 6r personal property tax abatement consideration and pursuantto I.[, 6 +1.1- 12:1.3; e_ t sea., and he current afsessed Laloe2 - Real Propertyi "lrO��r7oO pasonaPVropgll: oI e projected assessed value? geaI Property: Perso_nSl Property:' le taxhey number lorlhlsproJatt7 M-m.unt d�g —a 93-701.! 8�� eshi Ogit_NAICS'Eode, _ 333992 arhi G6ogla map and'sbrsel view of the latatl on. hhps: // . vw. google .coMmaps /placel402-N-Sheri aan+St,* South +Bend,+IM - 46619/x+41.6801542 theamount of'raal�nE personal property taxes Real property Taxes: Personal property Taxes: paor te la'st9ve Years whenapplloble. Vert One YearTwo ' YeacTPoee' Ye#rf our -' `Yelr.fiYe StaffUseOnly MOM fill out the Public Benefit SuMmarV Information and add to the total from above. E0111 h .. Public Benefit Item: �wrolectlte red'" 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 Sub -total Project Related: 0 120 6 Steer Size Projects 1polnt values are CUMU12tlVCI • A. 1G0%t0199% 25 B. 200% to 299% 68 C. 300% to 399% 65 D. 400% and Over 52 Sub -total Super Size Projects: 0 210 7 Pay for Municipal Infrastructure: A. Pay for Over5bing or Upgrading 14 B. Pay for 26-50% of Extension Cost 26 C.. Pay for 51 -75% or Extension Cost 39 D.. Pay for 76 -300% of Extenslon Cost 52 Sub -total Infrastructure lielked:. 0 131 Total from ApPlicant Section:. - 346 539 Total from Staff Section: 10 461 Total Public Beneflt Points: 346 1000 1) How do I pay my petition filing fee? Your petwou flingfee can be paid either to person or via mail to: Or online vin paypal at: City Clerk's office hHp.Ilsotitlibetdf,,.gov/govertlnlcpitl Atin: Deputy City Clerk coutent/tar- abatenneut 227 lVest Jefferson Blvd.. Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under pro)ect overview) In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. if you• property is not located In eltner then the answer would be no, 3) Community Revitalization Enhancement District? (Page one, under project overviav) The snap below outlines the CRED area, please check to see if youfall within the boundaries, '�l 6ampla ' J!t � Nerr � Ono Grre: � e - nk a' I6AGnn 6•wl -� eraa r..•— iFlw,rul .•_.___ �. ... a. �_ _ 11nre. LO ad i N r �CnE,'J ynar IMlena O r 14nn, \ e, i16evT Dana r..�l. N 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that cosnefrom the Small Business Adm inistration. Thisfimdingnnrst be appliedfor to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The annouet of honey to be spent per year on trahing over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount ofpeople that you will trait per year over the length of the project. Ifyou have a), additional questions that are not addressed bi- this document, please contact Sar h4kimaduum.ln Iles_ _ Department of Community bnvestmet at 574. 235.5&12 or entail of lu iutze[aa ud� Abe n 11 vov y;e .'. t Filed in Cfrr� � J =1 OrP jUL 15 2015 JOIN F'001W _,_ CITY CLERp .:v(t',,; CREeD District Boundar /Ga. awN au4h .. _ �~ d - vuend Gurrnem 8 Flnner TO Tull '�l 6ampla ' J!t � Nerr � Ono Grre: � e - nk a' I6AGnn 6•wl -� eraa r..•— iFlw,rul .•_.___ �. ... a. �_ _ 11nre. LO ad i N r �CnE,'J ynar IMlena O r 14nn, \ e, i16evT Dana r..�l. N 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that cosnefrom the Small Business Adm inistration. Thisfimdingnnrst be appliedfor to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The annouet of honey to be spent per year on trahing over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount ofpeople that you will trait per year over the length of the project. Ifyou have a), additional questions that are not addressed bi- this document, please contact Sar h4kimaduum.ln Iles_ _ Department of Community bnvestmet at 574. 235.5&12 or entail of lu iutze[aa ud� Abe n 11 vov y;e .'. t Filed in Cfrr� � J =1 OrP jUL 15 2015 JOIN F'001W _,_ CITY CLERp .:v(t',,; 402 N Sheridan St, South Bend, IN 46619 Directions, Location and Map I MapQuest Page 1 of I mapquest Map of: 402 N Sheridan St South Bend, IN 46619 -1416 Notes 1. a sl x r. 1 li - 6in ien Hve z z Z Z; Cl 11lvq.ese m _. -_ - -_ __ g & > _. _A ' g s _.rA. _ m2.0?�6 MaPAueSIO Portions 016 TomTose Terms.IPpaeva You aesumpe ell risk W use. Maw lrecfi of Use map Is �d w ft �PQ� Terms of Use. We make w guanmIee of the ac=aq of Ihelr mnfent. road a dfflons or rp.te uaadllty. l Page 1 of 1 http: / /x.Inimg.com/photo/ poster_ 768/ 7bae7lde6O3949808d5caa35dObO8a2O .jpg 7/15/2015 o STATEMENT OF BENEFITS b.. VACANT BUILDING DEDUCTION e• Slate Form 55182(R /2.14) Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies as an "eligible vacant building" as defined by IC 6 -1.1- 12.1- 1(17). INSTRUCTIONS: 20_ PAY 20_ FORM SEA IVBD PRIVACY NOTICE The cost and any speWfidindividual's salary Information is confidential; the balance of the filing is public record per IC 6 -1.1- 12.1 -5.1 (c) and (d). This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires Information from the applicant in making Its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be submitted to the designating body BEFORE the occupation of the eligible vacant building for which the person wishes to claim a deduction. To obtain a vacant building deduction, a Form 3221VBD must be filed with the county auditor before May 10 in the year In which the property owner or his tenant occupies the vacant building or not later than thirty (30) days after the assessment notice Is mailed to the property owner if it was mailed afterApril f0. If the property owner misses the May 10 deadline in the wiba/ year of occupation, he can apply between March 1 and May 10 of a subsequent year. A. property owner who files the Form 3221VBD must provide the county auditor and the designating body with a Form CF -1NSD to show compliance with the approved Form SB -iNBD. The Form CF -11VBD must also be updated each year in which the deduction is applicable. SFCTIOA I TAXPAYER INFORMATION Name of taxpayer Manufacturing Technology, Inc. Address of taxpayer (number and street, city, state, andZ/Pcode) 1207 W Washington Street, South Bend, IN 46628 Name of contact person Telephone number E -mail address Michael Laiman ( 574 ) 233 -9490 Laiman.Michael @mtiwelding.com SECTION • • D DESCRIPTION OF -••• r PROJECT Name of designating body Resolution number South Bend Common Council Location of property County DLGF taxing district number 402 N. Sheridan St. Joe Description of eligible vacant building that the property owner or tenant will occupy (use additional sheets ifnecessary). Estimated occupancy date (month, day, year) The building is 117,700 square feet and has been vacant for over two years. The site is on over 12 July 1, 2015 acres and will require significant investment to be able to use it for our purposes. Estimated date placed -in -use (month, day, year) December 31, 2015 Current number Salaries Number retained Salanes Number eddi -ioal Salades 25 895,000.00 25 1 895,000.00 1 7 300,000.00 SECTION ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values 61 00 clif, 700 Plus estimated values of proposed project 941,000.00 Less values of any property being replaced Net estimated values upon completion of project jd y S 7 SECTION •• TO SELL .- Descdbed efforts by the owner or previous owner to sell, lease, or rent the building during pedal d va--y The building was listed by a broker when the previous tenants moved out. fes l -fi Show amount for which the building was offered for sale, lease, or rent during period of vacanry. 1,600,000.00 List any other benefits residing from the occupancy of the eligible vacant building. i 15 ^ O L JUL I JOHN L-'wrvitt E CITY CLERIC, SOUTH BeND, IN f SECTION _ CERTIFICATION I hereby certify that the representation sin this statement are true. Signature razed represenladve Title Date signed ( month, day, year) Page 1 of 2 )j� oc)�Ir-V 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 402 N. Sheridan St., South Bend, IN 46619 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR: Manufacturing Technology, Inc. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 402 N. Sheridan St., South Bend, IN 46619 and which is more particularly described as follows: Business Personal Property and which has a Key Number to be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et 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 pursuant to Indiana Code 6 -1.1- 12.1-4.5 et sue., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. --1 PRLLSLNTED Member of the Common Coin E rk's Office JUG 20 ZQ15 2 JOHN VOt7aiLit� GTY CLERIC SOUTH BEND, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 July 20, 2015 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 PHONE: 574/235 -9371 FAx: 574/235 -9021 RE: Personal Property Tax Abatement Petition for: Manufacturing Technology, Inc. Dear Council Member Ferlic: Please find the attached information pertaining to a personal property tax abatement petition for Manufacturing Technology, Inc.: ➢ Department of Community Investment's summary report ➢ Copy of the petition ➢ Statement of Benefits form ➢ Supporting information. The report contains the Department's findings relative to the above petition. Manufacturing Technology, Inc. will be purchasing and installing approximately $1,750,000 of new equipment to vertically integrate with their customer's production needs and requirements. The new equipment will also all for MTI to provide scale and production flow to support high volume production while adding additional production and system processes. The project meets the qualifications for a (5) five year personal property tax abatement and a representative from Manufacturing Technology, Inc. will be available to meet with the Committee on Monday, July 27, 2015. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9339. Sincerely, ,�37z Z--4 Brock Zeeb Director Economic Resources PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES 11TH KAM PAMELA C. MEYER CHRIS FIELDING BROCKZEEB TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: Manufacturing Technology, Inc. DATE: July 20, 2015 On Wednesday, July 15, 2015, a petition from Manufacturing Technology, Inc. was received and subsequently filed with the City Clerk for personal property tax abatement consideration for property to be located at 402 N. Sheridan St., South Bend, IN 46619. 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 (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY ➢ Manufacturing Technology, Inc. will be purchasing and installing approximately $1,750,000 of new equipment to vertically integrate with their customer's production needs and requirements. The new equipment will also all for MTI to provide scale and production flow to support high volume production while adding additional production and system processes. ➢ New project taxes over the five year abatement period — $150,008 ➢ Estimated taxes being abated over the five year abatement period — $68,759 ➢ Total taxes to be paid on new and existing equipment over five year abatement period — $81,249 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: ➢ Create (14) fourteen permanent, full -time and zero (0) permanent, part-time jobs in the five year abatement period, representing a new annual payroll of $393,120 ➢ Retain (25) permanent full -time jobs with an annual payroll of $382,000. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES hTiN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB ABATEMENT QUALIFICATION A review of the tax abatements previously granted, finds that the petitioner has been granted or associated with any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. _ 2 ° R N 0 N £ }■ °- §[/(§ ) }/\ $ » 7(# z C\f C _ _ 2 R N 0 N £ }■ °- §[/(§ / 4 $ » 7(# z C\f C _ - - , ,,,m . C6 { 772 }� &3 / ®) )/ < r };a 0 {} . _ 2 R N 0 N £ }■ _ §[/(§ / 4 $ » 7(# z C6 CL , . ) }� &3 {� )/ ) 0 {} } r \\ I-IL \ca {) /§ 2` f ( 0m § ° w 0L) ) {a■ {)_ ° ] ) )k /-ca ) / \ §) §{ ) - / _ 2 .. . }■ 7 »\ §[/(§ f §ƒ 0 XM z - / _ 2 .. . &f/ f §ƒ }- XM z - / }f /} {� )/ k(> 0 } 0 I-IL \ca {) /§ 2` 0m § \9 w 0L) ) {a■ ° ] ) )k Ja! ) (® z// }- XM - / }f /} {� 00000 0 �� fk 2; / \ §) §{ !!!!: / \) k§ i{ m \� mn \E (® City of South Bend o nrefb ;f Petition for IncentiYes_ F Petition must Include a$250n11ng fee payable to the City Clerk's Off?re or online via the city's wehslte at hup.Ilsouthbendin.gov/ government /content/ tax - abatement before processing can be complete Isar General Information Project Name MS Expansion Legal name as registered with Secretary of Manulacluring Technology, Inc. S1219 Budness structure S Corp Manufactunng vrvrw.mtiweldng.wm Proposed Project Information Company website Propoud prolectaddress 402 N. Sheridan Street Parent company name Manufacturing Technology, Inc. city, state zip South Send, IN q(v( I Q Legal owner Site acreage or acreage required 19 Is the real estate owned or Owned 5quare feet of facility Primary Contact Information 111700 If leased by whom Primary company contact name Michael Laiman one ManuFadunng Services Business Unit Manager Address of company contact 1207 W Washington Street Phone (674)233-99 g0 city, State, Zip South Bend, IN 46628 Email bhor) .michael�mtiwelding.wm Senior a Company senior official name Doug Wait Title Chief Operating Officer Address of company contact (If different tram eama Phone sgrpg City, State, zip Consultant Inforrination/Agent Email waft.doug @mbwelding.wm Hired business consultant /agent name Consultant release (Y /N) Address Local economic development partners a covet N City, State, Zip PrOjectOverview Finall Brief description of your Expansion of manufacturing services, providing friction welding services and other ancillary pre - company, project, and whythe is for and post - processing. Vertically intergrate with customers' production needs and require ments. property necessary economlcgromh New facility will allow us to provide the scale and production flow to support high volume production, adding systems and production processes. We will consolidate two facilities, Sample Street FSW site which produces large panels and Washington Street RFW into one facility for manufacturing of components. Washington Street will have additional space to expand equipment anufacturing- _ Filed in Clerk' I Cerdfied Technology Park appropriate Community Revitalization Enhancement District JOHN VOJFtD - CerdNthattheBuildingPermlt has not been Numberolresidentgl units created by II Nk Is a petldon for perunal property tax abatement, has thee ul mentbe lnzzaged Public infrastructure needs (off. Hasany SO4fundingbeenl What is the value of any equipment being porch asedin WMtlsthevalueo fanyequlpmentbeing sHeofproJect Ird.IIars) received? Indiana for the project? Durchased from nut of state far the project ? $191,000 1,485,000 $230,000 Iffo � I i SD, IP.a Full-Time Permanent Indianar-Resident Positions IEV Calendar Year Cal ender Year lobsrewined Totalhourly wage w/o binge or be notes cumulative, a of net NEW lull time perma vent Jobs crea led at project Hourly average age, w/o Total training IDtalgto be benefits or bonuses, of expenditure- trained-not cumulative net new lobs not cumulative [umula[IVe 2015 25 382000 5 $13 38640 6 2015 7 $14 637W 8 2017 10 $14 53760 8 2018 2019 12 14 $3760 8 2020 16 2021 20 2022 22 2023 24 2024 2025 26 28 2026 30 Full time Laborers E13.10 Te[hnbel $34 eeanaguial $36 Administrative $16 Who will et the Individual responsible Wnra0n, onrettuitln7 for coordinating t Carol Senour(Human Resources) Does your company have an EEO hiring pol"? yes Are you an EEO employer? Yes Year 2014 the last three years: 2013 2012 Please describe your commitment to diversity and Inclusion by detailing your outreach and recruitment a From for the last three years as well as current Policies. Full Time Part ❑me Full Time part Time Full Time Pan Time Black s D 3 0 4 0 All jobs postings state E3E/AA work place. (corporate numbers reflected on the left.) Hispanic 2 0 2 0 0 0 Aaan 3 0 2 0 2 0 Indlim 0 0 0 0 0 0 Female 18 0 14 0 16 0 Other 1 0 1 0 2 0 Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate information. If you qualify for the points, please enter the full amount of available points. Qualify (Yes or No) Earned Points Available Paints 1 Construction Related (Contractors; A. Employ Local Companies (75%) Yes 20 20 B. Purchase Materials from Local Companies (75%) Yes 20 20 C. Require Employees vs. Independent Contractors No 19 D. Require Prevailing Wage (Davis Bacon) No 22 E. Require Health Benefits No 22 F. Require Pension Benefits No 18 G. Maintain Affirmative Action Plan No 20 Sub -total Construction Related: 40 141 2 Wage& Benefit Related howner; A. Pay Target Wage Levels Yes 33 33 B. Provide Health Benefits Yes 34 34 C. Provide Pension Benefits No 29 D. Provide Training Yes 26 28 E. Provide Child Care No 15 F. Provide Transportation Assistance No 14 G. Provide Employer Assisted Housing program Yes 9 9 Sub -total Wage & Benefit Related: 104 162 3 Workforce Related: A. Create New Jobs Yes 42 42 B. Retain Existing Jobs Yes 41 41 C. Maintain Affirmative Action Plan Yes 35 35 D. Provide Targeted Hiring Preference 34 Sub -total Workforce Related: 118 152 4 Sugoon a Munldoal fac'I'tr A. Support a SB Municipal Facility (donations to the zoo, conservatory, museum, etc.) Yes 84 84 Name of Facility Sub -total Municipal Facility: % g4 Sub -total from Above: 1346 S39 The undersigned owner(s) of real property, located within the City of South Bend, herby petition the Common Council of the City of South Bend for a real and /or personal property tax abatement consideration and pursuant to I.C., 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sec. 2 -76 et seo.• for this petition state the above. urrent assessed value? peal Property: �rQO Yr %00 PersonaiProperty: rojected assessed value? Real Property: Personal Property. ax key number for this project? 5the 019_01,72- dS90� What ix digit NAICS code? 333992 a Google map and st reet view of the location. heps: / /www.google.com/maps /place /402 +N +Sheddan +St ♦South +Bend, +IN+46619 / ®41.6801542 Please list the amount of real a nd personal property taxes paid for the last Me years when applicable. Real Property Taxes: Personal Property Taxes: Year One Year Two "S Year Three Year four Year Five Staff Use Please fill OUT: the Public Benefit Summary Information Only and add tothe total from above. YorN Points Points Public Benefit Item: Proiect Related: 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 Sub -total Project Related: 0 120 6 Super Size Projects (point values are cumulative, A. 100% to 199% 25 B. 200%10299% 68 C. 300% to 399% 65 D. 400% and Over 52 Sub -total Super Size Projects: 0 210 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 39 D. Pay for 76.300%. of Extension Cost 52 Sub -total Infrastructure Related: 0 131 Total from Applicant Section: 346 539 Total from Stall Section: 0 461 Total Public Benefit Points: 346 1000 1) How do I pay my petition filing fee? Yourpetition fifingfee cat; be paid either in person or via mail to: Or online via paypol at: City Clerk's Office http: / /Soittlibendiii.gov /government/ Attn: Deputy City Clerk cartent /tax- abatetueut 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 andlgnition Park. If yourproperty, is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) The nap below outlines the CRED area, please check to see ifyou fall within the boundaries. s a s _CREeDistrict Boundary_ ___ �W SWIM1 Soul, is Fob Over PlHn F .x" Jf Po:afO Ounh..n MO., 3 Tul: TIM n Sempmo E Ken Ow 5 Gant _ E LL ^F C- ;Nsnn swn a � d erwewoy - s • �•— Ertu.nl •_.-- 'Legend � �.�.__- a_ -.__ m _ tMcey `a x ,a N OCNEe'J PtlM d -F IeQ9(Ia I,ICia118F 9 - A N = sc.v o... P.rmo 3x g\ 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small Business Administration. 71ni5 f ulding mast be applied for to be received. 5) Total training expenditure- not cumulative (Page two, under full time Indiana resident positions) Tlme a nount of money to be spent per year on training over the course of the project. 6) Total number to be trained- not cumulative (Page tsvo, under full time Indiana resident positions) Vie amount of people that you will traits per year over the length of Poe project. Ifyou have any additional questions that are not addressed by this document, please contact; Department of Commuinity Investment at 574.235.5842 or entail at JIH)jtzeasouthbendin vov Filed in Clank's Ofr icp AL i 5 2015 '( J61 R v'5 -o iZ=,-� CITY CLERK, $Get? T ki eEt <tl, IF4 STATEMENT OF BENEFITS PERSONAL PROPERTY Slate Form 51764 (R2 /12-11) .� Prescribed by the Department of Local Government Finance FORM S8.1 /PP PRIVACY NOTICE The coal and any ape one IMividual's ealeryinfomtelion fs wnfgen5ai; the tielenee of the OIN is public retard INSTRUCTIONS: r1C6 -1.1- 12.1 -4�.1 tend d. 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires inlarmalion /nom the eppliwnf in mating Rs degas /on about whafherto designate an Economic RevifelizefionArea. 9lherwise 'his statement mustba submitted to the das/gnefingbodyBEFOREe person installs the new manulactudng equ /pmant antl/ormsearch and development equipment and/or bgistical disldbufion equipment and/or Information technology equipment for which the person wishes to claim a deduction. Pro /ecfs "planned or committed fo aRenluly 1, 1987, and arses pool nefed aRer July 1, 1987,. requae a STATEMENT OF BENEFITS. (lC Bd. f -12:7) 2. Approvalol (he designatng body (City C'on' Town Board, County Council, etc.) must be obtained pdorto instal /agon o /the newmanutaGUdng equ ipment and/orreseamh and deveopment equ/pmnn! and /orbgla8cal dlsMbufion equipment and/arin/ormafion le�hnologya quipment BEFORE a deduction may 1, epprovad 3. To obtain a deduction, a person . must file a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103 -ER4) with the township assessor of the township where the property Is situated or with the county assessor if there is no township assessor for the township. The 103 -ERA must be tiled between March 1 end May 15 Of the assessment year In which newmanufactudng equipment and/ormssamh and development equipment and/or logistical distribution equipment and /or Information techno logy equipment Is installed and fully functional, unless a filing extension has been obtained. A person who obtains a riling extension must NO the form between March 1 and the extended due date of that year. a. property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF -1 / PP annually to show compliance with the Statement of Benefits. 5. Theitedby the established under 8 -1.1- 12.1- 4.5(d)and(e) p o -e/ q ippienFi tied RFrM �nless an alternative deduction schedule is aaoptedbylhedesionafinpbodvllC6 -1.7. 12.1 -171. R a in ���r� � 1Ift Page 1 of 2 Name of taxpayer Manulaclurbp Technology, Im I - 0zrlvaa�Y�aar'�Iipmnl5ttee�eSOUN �e��11�1�6i6re, entl ZIPCpO'e) _._- •�.._. Name of contact person ____._ .._.�- Mbheel Leaman, florins. Unit Manager Telephone number CITY CLERK, SOUTH BEtm' Im 574- 233-9190 • . . a .,., , --, Name Of deslgnolln/g� dy '4TH $_t COAIMO.V Ce4euc Resolution number (s) Locatlonplpropeny4� Count 402 Nodh Shedtlan S9eet South SeM, IN 48819 St J.eph OLGF taxing disldd number Description or manufacludng equipment and /or research and development equipment and /or logistical distribution equipment and /or information technology ESTIMATED equipment. (use additional sheets if necessary) START DATE COMPLETION DATE Manufacturing Equipment August 1. 2015 Decemb•r31,2017 u r R & D Equipment September 1, 2015 December 31, 2017 01 ievacanl Wilding to expaM manuracWdng ofwmponenla entl reeseazM aid tlevebpmentINwekinp procaeE Logisl Dist Equipment August 1. 2015 D4oembe131.20J7 IT Equipment July 1, 2015 Oacene»r31,2017 • • • • • .. •.• • -•, CUnenl number 25 Salaries NumberrekNed 6alarles Numberaddiliona7_ 995,000 25 995000 Salaries 77 309W0 • 10110 Mal 11-111MR111901 • a • -••• • ••• NOTE: Pursuant to IC 6 -1.1- 12.1.5.1 (d) (2) the MANUFACTURING R 8 D EQUIPMENT LOGIST DIST EQUIPMENT COST of the property (s Confidential. EQUIPMENT IT EQUIPMENT COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE COSTEUED VALUE Current Values 0570000 3920000 1530000 1010000 WOOD 20000 1830000 Plus estimated values of 10°° Proposed d ef0 am 70pDOp 700000 800000 18000 18000 926120 328120 bean Less values or any properly being replaced Net estimated values upon Completion of pmlecl 1270000 1620000 2130000 1810000 /65000 38000 x158420 481420 - Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Olherbene0ts: I hereby certify that the representations in this statement are We. Si9n8 nz•d reprba Tille Data eigne0 (month,d year) _ Page 1 of 2 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2906, 2910, AND 2920 MISHAWAKA AVENUE, SOUTH BEND, IN 46615, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTIES ARE LOCATED AT 2906, 2910, AND 2920 MISHAWAKA AVENUE AND IS CURRENTLY ZONED MU -MIXED USE. WE ARE REQUESTING TO REZONE THE PROPERTIES TO CB- COMMUNITY BUSINESS AND ALSO REMODEL AND MAKE IMPROVEMENTS TO THE PROPERTY IN ORDER TO OPERATE A VETERINARY HOSPITAL WITH INDOOR PATIENT BOARDING AT THIS LOCATION. 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 16 AND 17 OF NURSERY PLACE SUBDIVISION, LOT A RIVER PARK. LOT 21 OF NURSERY PLACE SUBDIVISION, LOT A RIVER PARK. AND 42 1/4 FEET OF THE WEST END OF LOTS 1 AND 2, EGGLESTONS 1sT ADDITION. be and the same is hereby established as MU Mixed Use 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 Attest: aw LLE, -"', a ; •. City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. Approved and signed by me on the m. 1!I READING F40—t 1- PUBLIC HEARING 3rd READING NOT APPROVED kEFERRED PASSED day of City Clerk day of 20. at o'clock Mayor of the City of South Bend, Indiana Filed in CIArk'e Office FUG {(�{gFF//112015 JOHN Y,�iWDE; CITY CLERK, SOUTH BEND, IN PETITION FOR A COMBINED PUBLIC HEARING City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 2906, 2910, and 2920 Mishawaka Avenue, South Bend, Indiana 2) The property Tax Key Number(s) is /are: 018- 6043 -1409, 018- 6043 -1408, 018- 6045 -1457 3) Name and address of property owner(s) of the petition site: John and Wendy Bognar 2910 Mishawaka Avenue South Bend, IN 46615 574- 210 -6153 Name and address of additional property owners, if applicable: N/A 4) Name and address of contingent purchaser(s), if applicable: Lance 11 after, DVM 2621 West Mishawaka Avenue South Bend IN 46615 574- 282 -2303 Name and address of additional property owners, if applicable: N/A 5) It is desired and requested that this property be rezoned: From: MU Mixed Use District N/A To: CB Community Business District 6) This rezoning is requested to allow the following use(s): Veterinary Hospital with Indoor Patient Boarding 7) If applicable, a detailed description and the purpose of the variance(s) being requested: Section 21- 07.04, Table 21 -07.04 E. According to the ordinance One (1) parking space is required per every four- hundred (400) square feet ofgross floor area. The existing building is 15, 797 sgattre feet and will have 6 -8 exam rooms with tip to 3 doctors at the facility at one time. We are asking fora reduction of parking spaces from 39 spaces to 0 spaces because the majority of the parking spaces for this property are located adjacent to the building within the alley and also east of the alley at 2920 Mishawaka Avenue belonging to the owner. 39 parking spaces is more spaces than are needed to ruin the proposed business. 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: This approval will not be injurious to the public health, safety, morals and gereral welfare of the community because our plans are to take an existing vacant building and parking lot and improve upon it. The building along with the parking lot will receive improvements. Currently with the old busines, customers would park on the east side of the parking lot within the desiganted striped parking spaces but also along the building within the alley way. Our plans are to vacate the alley, stripe areas along the building where cars already park, move the entry drive east and away from the building creating a much safer approach into the parking lot and also create some upfront landscaping to soften the impact of the parking lot. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: With the proposed improvements to the existing building and parking lot will only add value and femction for the community and the surrounding properties. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: There simply is not enough space to allow 39 parking spaces on this property. However, we strongly feel that the proposed parking spaces shwon along with over off site parking is more than sufficientforproper and safe operation ofthis facilty at this location. 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Steve DeBold - Chester, Inc. 555 Eastport Centre Drive Valparaiso, IN 46383 219- 465 -7555 steved@chesterinc.com Signature(s) of all property owner(s), or signature of Attorney for all property owner(s): Filed in Clark's Office EUG4 2015 5055 C;TY CLERK, S011T3 ''� ND, IN ALLEY r 132.00' y o • � S o i A � �. n l 132.00' gSg r �Z X s�ElP 4' =F s m _. O z _ z s n C D IT! �E D Cf) p D m G) D z --- - - - - -- — I C ALLEY sz.00', rr N 132 00' r y S A � i gSg tl9 s�ElP 4' =F FAMILY PET HEALTH 77 n d g gas OChester.t CENTER F Architectural services u „ — (3- [l0o- 3 ?-4 S' ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 706 EDDY ST AND 1111 BISSELL, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT 706 EDDY AND 1111 BISSELL ARE CURRENTLY ZONED SF2 AND ARE USED FOR A CHURCH AND PARKING LOT. WE SEEK TO CHANGE THE ZONING TO LB (LOCAL BUSINESS). POSSIBLE USES UNDER THE PROPOSED LB INCLUDE BUT ARE NOT LIMITED TO: GOVERNMENTAL USE, PERSONAL SERVICES, OFFICE/PROFESSIONAL SERVICES, CLOTHING SERVICES, EDUCATION SERVICES, RECREATION, A SMALL RETAIL SHOP, OR A LOW DENSITY FOOD SERVICE SUCH AS A COFFEE SHOP. WE DO NOT PROPOSE TO USE THE BUILDING AS A RESTAURANT, BAR OR OTHER HIGHLY TRAFFICKED AREA. 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: PARCEL I: THE SOUTH ONE -HALF (1/2) OF LOTS NUMBERED ONE HUNDRED FOURTEEN (114) AND ONE HUNDRED FIFTEEN (115) AS SHOWN ON THE RECORDED SECOND PLAT OF PARK PLACE OR COQUILLARD AND RUSH'S FIRST ADDITION TO THE CITY OF SOUTH BEND, INDIANA, RECORDED OCTOBER 10, 1892 IN PLAT BOOK 6, PAGE 37 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. 706 EDDY STREET, SOUTH BEND, IN 46617 PARCEL III: LOT NUMBERED ONE HUNDRED SIXTEEN (116) IN THE SECOND PLAT OF PARK PLACE OR COQUILLARD AND RUSH'S FIRST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. 1111 BISSELL, SOUTH BEND, IN 46617 be and the same is hereby established as LB Local 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 Soft d t&g ), i on�j to rTcoje as s"'Y Cd3 Ivtkl �El�°36 aw Attest: COIb 1� City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _day of 2 , at o'clock . M. Approved and signed by me on the 2 , at o'clock . M. It )MAD?% gJtA t S� PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of Mayor, City of South Bend, Indiana Filed in Cfprk' Office h Is -4 pt5 .Di"rwt ?v tb'�4 €�'iDE CITY CLERK, S16jili BEND, IN PETITION TO REZONE City ofSouth Bend Indiana 1 (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: 706 Eddy Street and 1111 Bissell Street Street, South Bend, IN 46617 2) The property Tax Key Number(s) is /are: 018 -5084 -2967 and 018 -5084 -2968 3) Name and address of property owner(s) of the petition site: Five Corners LLC 814 Marietta Street South Bend, IN 46601 574- 233 -1296 ahayes@telecompark.com Name and address of additional property owners, if applicable: 4) Name and address of contingent purchaser(s), if applicable: Name Address City, State Zip Code Phone ber with Area Code E -Mail Address Name and address of additional property owners, if applicable: 5) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District N/A To: LB Local Business District 6) This rezoning is requested to allow the following use(s): WE SEEK TO CHANGE THE ZONING TO LB (LOCAL BUSINESS). POSSIBLE USES UNDER THE PROPOSED LB INCLUDE BUT ARE NOT LIMITED TO: GOVERNMENTAL USE, PERSONAL SERVICES, OFFICE/PROFESSIONAL SERVICES, CLOTHING SERVICES, EDUCATIONSERVICES, RECREATION, A SMALL RETAIL SHOP, OR A LOW DENSITY FOOD SERVICE SUCH AS A COFFEE SHOP. WE DO NOT PROPOSE TO USE THE BUILDING AS A RESTAURANT, BAR OR OTHER HIGHLY TRAFFICKED AREA. 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. CONTACT PERSON: Anne Hayes 814 Marietta Street South Bend, IN 46601 574- 233 -1296 ahayes@telecompark.com Signature(s) of all property owner(s), or signature of Attorney for all property owner(s): Filed in CIOlt'�ifice AUG, ` q 2015 doll; vao.__ ... _J CITY CLERK, yot3 "i akNta, IN 1 Tabulated Data 1. Land Coverage: LAND COVERAGE AREA % OF TOTAL AREA Total: 0.25 acres (2parcels) 10,526 sf 100% a. buildings (ground floor only) 1,518 sf 15% b. parking & loading, and drives 5102 sf 49% c. open space (yards, landscaping) 3906 sf 36% 2. Proposed land uses & floor area USE FLOOR AREA % OF TOTAL FLOOR AREA BUILDING HEIGHT a. office 1518 sf 100% 3. Parking ratios per use — there are currently 13 parking spaces in the lot and off street parking which is more than the number of spaces required per square footage of building 4. Sewer and water facilities Current and proposed — public water and public sewer as installed Filed in ClArk's Office EU� R 2U15 QTY CLERtf; aOUTh :4 UN D, IN m Q. 1G CA rt 0) rt X N N W d Alley existing sidewalk Bissell Street Filed InCitwrk °s Office c r fi teCdt y Q �, IN w. E existing 6' privacy fence roposed .._. _...landspapipg....... ... 4 N 45' existing 6' privacy fence 11 parking spots proposed landscaping + 2 handicap spots a © a a Q existing parking lot CJn existing building used as a church -1518 sf (2) existing dry wells capacity apx. 2200 gallons each existing sign 42' x 64.5' 90' existing driveway existing sidewalk Bissell Street Filed InCitwrk °s Office c r fi teCdt y Q �, IN w. E existing 6' privacy fence roposed .._. _...landspapipg....... ... 4 N Tabulated Data 1. Land Coverage: LAND COVERAGE AREA % OF TOTAL AREA Total: 0.25 acres (2parcels) 10,526 sf 100% a. buildings (ground floor only) 1,518 sf 15% b. parking & loading, and drives 5102 sf 49% c. open space (yards, landscaping) 3906 sf 36% 2. Proposed land uses & floor area USE FLOOR AREA % OF TOTAL FLOOR AREA BUILDING HEIGHT a. office 1518 sf 100% 3. 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AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 600 BLOCK OF NORTH HICKORY ROAD AND THE 3500 BLOCK OF EAST MC KINLEY AVENUE, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM PUD PLANNED UNIT DEVELOPMENT DISTRICT TO PUD PLANNED UNIT DEVELOPMENT AND GB GENERAL BUSINESS DISTRICT TO ALLOW FOR A MIXED USE PROJECT. 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: PARCEL 1: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS LOT # 1 OF THE PLAT OF "MC KINLEY- HICKORY MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.75 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL 2: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 3 OF THE PLAT OF "MC KINLEY - HICKORY MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 15.60 ACRES MORE OR LESS SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. and the same is hereby established as GB General Business District for Parcel l and as PUD Planned Unit Development District for Parcel 2. 2 SECTION II. This ordinance shall be in full force and effect from and after its passage j1h Comm Co il, approval by the Mayor, and legal publication. a.e .. Member of the Common Council sv" QI€stO sn oppmt g -, ''J f, r � �� and Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20_, at o'clock m. City Clerk Approved and signed by me on the day of 20 , at o'clock m. Mayor of the City of South Bend, Indiana of READING V - PUBLIC HEARING $ rd READING NOT APPROVED REFERRED PASSED Filed In -- -- OITYCLERK, SOUL, PETITION TO REZONE CitE ofSouth 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 subject property is located at: 3500 Block of East McKinley Avenue and the 600 Block ofNorth Hickory Road, South Bend, Indiana 46615. 2) The property Tax Key Number(s) is /are: Key # 1: 18 -5201- 773601 & 18 -5201- 773603 3) Name and address of property owner(s) of the petition site: Earth Designs Real Estate LLC Attn: Frank Perri 3617 McKinley Avenue South Bend, Indiana 46615 574- 234 -2342 E -Mail Address N/A 4) Name and address of contingent purchaser(s), if applicable: N/A 5) It is desired and requested that this property be rezoned: From: PUD Planned Unit Development District To: GB General Business District for Parcel l & PUD Planned Unit Development District for Parcel 2. 6) This rezoning is requested to allow the following use(s): Uses permitted in GB General Business District and Mixed -Use Development in the PUD. 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) six (6) site plans; and (c) 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. Signature(s) of All Property owner(s), or signature of ttomey fora operty owner(s): Earth Designs Real Estate LLC Attn: Frank Perri 3617 McKinley Avenue South Bend, Indiana 46615 574- 234 -2342 E -Mail Address N/A PETITION PREPARED BY & CONTACT PERSON: Name: Danch, Harner & Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574- 234 -4003 mdanch@danchharner. com Filed In 0saar E AU� CST1fCt,�Rt45OUYH,�;; :..�, l;3 LEGAL DESCRIPTION PARCEL 1: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 1 OF THE PLAT OF "MC KINLEY - HICKORY MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0. 75 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL 2: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 3 OF THE PLAT OF "MC KINLEY- HICKORY MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 15.60 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTSAND RESTRICTIONS OF RECORD. Filed in Clerk' ff AUG " 5 2015 W Top Spin LLC 776 Mountain Blvd # 202 Watchung, NJ. 07069 Tax Key # 018 5021 773602 McKinley Town and Country LP 2400 Miracle Lane Mishawaka, IN. 46545 Tax Key # 016 2058 193902 Property Owners Within 300 Feet Earth Designs Real Estate LLC PO Box 148 South Bend, IN. 46624 Tax Key # 018 5201 773601 James & Martha Lewallen 3616 Sorin St South Bend, IN. 46615 Tax Key # 018 5184 6940 South Bend Self Storage LLC 11710 N Armenia Ave Tampa, FL. 33612 Tax Key # 015 5201 7736 Asmir Muminovic 3610 Sorin St South Bend, IN. 46615 Tax Key # 015 5184 6939 Khadum AI- Khazaly Joseph Muszer Willie Hall 3604 Sorin St 3522 Sorin St 625 N Hickory Rd South Bend, 4661.5. 8 _ - South Bend, W. 46615 IN - South- Bend, -IN:- 46615 - - Tax Key # 018 5184 6938 Tax Key # 018 5184 6937 Tax Key # 018 5184 6942 Sevala & Remzo Pucar Jonathan Niemiec Rachel Dendiu 3622 Sorin St 3607 Sorin St 4119 Flora St South Bend, IN. 46615 South Bend, IN. 46615 Mishawaka, IN. 46544 Tax Key # 018 5184 6946 Tax Key # 018 5184 6936 Tax Key # 018 5184 6936 Rosita & Alonzo Wynns Niemiec Investments Inc Pin Oak Manor Apartments 1634 E Hardwood St 3607 Sorin St 1051 Perimeter Dr Ste.550 Orlando, FL. 32803 South Bend, IN. 46615 Schaumburg, IL. 60173 Tax Key # 018 5184 6948 Tax Key # 018 5184 6947 Tax Key # 016 2058 1939 Elks Lodge Lynn Byrd Earth Designs Real Estate LLC 3535 E McKinley Av. 3224 Essex Dr PO Box 148 South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46624 Tax Key # 018 5201 7741 Tax Key # 018 5171 6547 Tax Key # 018 5201 773603 Bobbi Hall Cindy K Lane Mary Beth Jurgenson 317 Sylvan Glen Dr 540 Preston Dr 335 Preston Dr South Bend, IN. 46615 South bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5160 6282 Tax Key # 018 5172 6558 Tax Key # 018 5171 6516 Marjorie Habermann Mary Markiewicz Jewish Community Council 1504 Pepper Hill Rd 516 Preston Dr 3202 Shalom Way Greensboro, NC. 27407 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5171 6545 Tax Key # 018 5172 6554 Tax Key # 018 5064 225005 Sharon Miller Cornelius & Sandra Doyle Kirk & Margaret Doran 336 Preston Dr 3134 Essex Dr 3525 Windingwood Dr South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5171 6508 Tax Key # 018 5171 6543 Tax Key # 018 5143 5240 Juliar Egan Jaime & Patricia Galdamez Brendan & Lindy Jurgenson 510 Preston 330 Preston 329 Preston South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5172 6553 Tax Key # 018 5171 6507 Tax Key # 018 5171 6517 Debbie Porter Peter Gillis III David & Brenda Stroup 122 Helen Ave 318 N Lafayette Blvd 3520 Windingwood Dr Mishawaka, IN. 46544 South Bend, IN. 46601 South Bend, IN. 46615 Tax Key # 018 5171 6510 Tax Key # 018 5171 6514 Tax Key # 018 5143 5258 Cleo Thanos Sandra Collins Andrea DeGraff 3504 Windingwood Dr 27695 US 20 3219 E McKinley South Bend, IN. 46615 South Bend, IN. 46628 South Bend, IN. 46615 Tax Key # 018 5143 5260 Tax Key # 018 5143 5259 Tax Key # 018 5171 6521 Walter Walker Garrett & Maureen Walorski Fundisani Mangena 1002 N Twyckenham Dr 303 Sylvan Glen 311 Sylvan Glen South Bend, IN. 46617 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5171 6503 Tax Key # 018 5160 6280 Tax Key # 018 5160 6281 Margaret & Kirk Doran Dorothy Palmer Roger Bock 32525 Windingwood Dr 3511 Windingwood Dr 3505 Windingwood Dr South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5143 5239 Tax Key # 018 5143 5238 Tax Key # 018 5143 5237 Donald & Rebecca Brennan Baker Family Living Trust Robert Krege 1911 Brookmede Dr 1030 Riviera Dr 3209 McKinley South Bend, IN. 46614 Elgin, IL. 60124 South Bend, IN. 46615 Tax Key # 018 5160 6266 Tax Key # 018 5160 6265 Tax Key # 018 5171 6522 Denis & Nancy Burns David & Brenda Schoen James Hudson 324 Preston Dr 323 Preston Dr 3204 Essex Drive South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5171 6506 Tax Key # 018 5171 6518 Tax Key # 018 5171 6544 Dean Michael Johnson William Blauvelt Michael & Dominga Wagner 312 Preston 17631 Cobblestone 1821 E Bertrand Rd South Bend, IN. 46628 South Bend, IN. 46635 Niles, MI. 49120 Tax Key # 018 5171 6504 Tax Key # 018 5171 6520 Tax Key # 018 5064 224809 Beverly Jo White 5 Star Investment Group V LLC 318 Preston Dr 304 Main St Suite A Elks South Bend Lodge #235 South Bend, IN. 46615 Middlebury, IN. 46540 3535 E McKinley Avenue Tax Key # 018 5171 6505 Tax Key # 018 5171 6519 South Bend, IN. 46615 Tax Key # 018 5064 224810 MJB Real Estate LLC Mark & Josefina Turnock Quincanon & Dawn Silva 3533 McKinley Ave 3521 E McKinley Ave 416 Preston Dr South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5064 2248 Tax Key # 018 5064 224806 Tax Key # 018 5171 6511 Zachariah & George Silver C Vo Thankh Kathleen Lowery 422 Preston Dr 440 Preston Dr 404 E Preston Dr South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5171 6512 Tax Key # 018 5172 6551 Tax Key # 018 5171 6509 Sandra Hiatt Margaret Freeman Elks South Bend Lodge # 235 403 Preston Dr 3216 Essex 3535 E McKinley Av South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5171 6515 Tax Key # 018 5171 6546 Tax Key # 018 5201 7742 Walter & Geraldine Ross Peggy Foster & Beatrice Foster Cheryl Hendricks 513 Preston Dr 3425 Sorin St 704 Patterson South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5172 6566 Tax Key # 018 5184 6970 Tax Key # 018 5184 7011 Joyce Cuyler Mary Degeneffe Elizabeth McFadden 3311 Sorin St 27208 Edgewater Dr 3236 Essex South Bend, IN. 46615 Edwardsburg, MI. 49112 South Bend, IN. 46615 Tax Key # 018 5184 7012 Tax Key # 018 5172 6549 Tax Key # 018 5171 6548 Robert & Brenda Martens Loretta Sherard William Pangallo 3248 Essex Dr. 1109 Winding Hart Dr 3249 Essex Dr South Bend, IN. 46615 Indianapolis, IN. 46229 South Bend, IN. 46615 Tax Key # 018 5171 6513 Tax Key # 018 5172 6550 Tax Key # 018 5172 6569 Michael & Anna Ziolkowski Chad Lear Dawn Reynolds 441 Preston Dr 706 River Pointe PI 507 Preston Dr South Bend, IN. 46615 Mishawaka, IN. 46544 South Bend, IN. 46615 Tax Key # 018 5172 6568 Tax Key # 018 5172 6552 Tax Key # 018 5172 6567 Preston Irmiter Anne Sara Gray Home Opportunity LLC 534 Preston 3243 Essex 7668 Warren Parkway Ste.350 South Bend, IN. 46615 South Bend, IN. 46615 Frisco, TX. 75034 Tax Key # 018 5172 6557 Tax Key # 018 5173 6581 Tax Key # 018 5172 6579 Charles & Katherine Pawell 544 Chamberlain Gloria Alvarez Azemir & Elvedina Causevic South Bend, IN. 46615 528 Preston Dr 522 Preston Tax Key # 018 5172 6565 South Bend, IN. 46615 South Bend, IN. 46619 Tax Key # 018 5172 6556 Tax Key # 018 5172 6555 Eugene & Hedylou Gassman Kenneth & Rachel Kempf Mwangi Gachanja 532 Chamberlain 545 Chamberlain 618 Preston Dr South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5172 6570 Tax Key # 018 5172 6564 Tax Key # 018 5172 6560 Cheri Brown Hatsuko & Thomas Kubiak Lawrence & Lucille Ault 615 Preston Dr 603 Preston Dr 604 Preston South Bend, IN. 46617 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5172 6561 Tax Key # 018 5172 6563 Tax Key # 018 5172 6559 Maria Born Laura Rocca Tran Nen Thi & Chau Ky Ta PO Box 6806 3227 Sorin St 3513 Sorin St. South Bend, IN. 46660 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5172 6571 Tax Key # 018 5174 6636 Tax Key # 018 5184 6943 Alan & Sandra Fisher Yee Wing Vinncci Kwong Gary & Luann Allison 706 Whitehall Dr 609 Preston Dr 610 Preston Dr South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5184 6968 Tax Key # 018 5172 6562 Tax Key # 018 5172 656001 Betty Hertel Vi Van Pham Adnan Basic 3422 Sorin St 6528 Armstrong Dr 3410 Sorin St South Bend, IN. 46615 South Bend, IN. 46614 South Bend, IN. 46615 Tax Key # 018 5184 6932 Tax Key # 018 5184 6931 Tax Key # 018 5184 6930 Minh Nguyen & Lang Duong City of South Bend Katherine Bath 3404 Sorin 1200 County City Building 3232 Sorin St South Bend, IN. 46615 South Bend, IN. 46601 South Bend, IN. 46615 - Tax Key # 018 5184 6929 Tax Key # 018 5184 6926 Tax Key # 018 5174 6634 Rachel Dendiu Roger Cotton Brian Cedergren 4119 Flora St 3510 Sorin 3504 Sorin St Mishawaka, IN. 46544 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5184 6936 Tax Key # 018 5184 6935 Tax Key # 018 5184 6934 Annabelle Buckley Robert & Barbara Jordan Robert & Maxwell Brown 3428 Sorin St 629 Preston Dr 710 Manchester South Bend, IN. 46615 South Bend, IN. 46628 South Bend, IN. 46615 Tax Key # 018 5184 6933 Tax Key # 018 5172 6580 Tax Key # 018 5174 6638 Jean Phyllis Robison Gary Browning Brandon Curtis 3237 E Sorin 711 Whitehall Dr 3413 Sorin St South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 018 5174 6635 Tax Key # 015 5184 6971 Tax Key # 018 5184 6969 Andrew McFadden & Nicole Aley Delago LLC Alejandro Aguila 710 Patterson 1319 S State St. Ste. B 704 Manchester Dr South Bend, IN. 46615 Chicago, IL. 60605 South Bend, IN. 46615 Tax Key # 018 5184 7010 Tax Key # 018 5184 7013 Tax Key # 018 5174 6637 Filed CITY CLERK, SOUTH THE MC KINLEY FAIR II DISTRICT PUD GENERAL NOTES FOR DEVELOPMENT STANDARDS FOR THE MC KINLEY FAIR II PUD 1). Uses allowed in PUD: a). All uses permitted in the "SFI" & "SF2" Single Family and Two and Two Family Residential Districts, "MFI" Urban Corridor Multifamily District, "MF2" High Density Multifamily District, "LB" Local Business, "CB" Community Business and "GB" General Business Districts, including Mini (Self - storage) Warehousing as per City Zoning Ordinance. b). Outside storage of vehicles, SUV's, Recreational Vehicles, Boats, Trucks of 2 tons or less. City Building Commissioner shall be allowed to make an interpretation of vehicle types not Listed, for being permitted in PUD. c). Special Exceptions allowed under the "SFI" & "SF2" Single Family and Two and Two Family Residential Districts, "MF 1" Urban Corridor Multifamily District, "MF2" High Density Multifamily District, "LB" Local Business, "CB" Community Business and "GB" General Business Districts Approval of Special Exceptions shall be per the City Zoning Ordinance. 2). Development Standards for PUD Permitted uses: a). All Development standards per the City Zoning Ordinance shall be adhered to unless noted below in "Development Exceptions" and "Additional General Development Notes ". b). Development Exceptions: 1. The area of outside storage as allowed per the "GB" General Business District shall be limited to an area within the PUD that is 200 feet south of the north PUD Boundary line, 200 feet east of the west PUD Boundary line, 560 feet an north of the right -of -way line of McKinley Avenue and 5 feet west of the east line of the PUD Boundary. 2). "GB" General Business uses other than outside storage areas shall be located a minimum of 225 feet north of the right -of -way line of McKinley Avenue, and a minimum of 100 feet from the west and north line of the PUD Boundary. All other required development standards as noted in 2(a) above shall be meet. 3). "SFI" Single Family and Two Family Residential District uses for dwelling units shall be limited to a maximum of five (5) units per acre. 4). "SF2" Single Family and Two Family Residential District uses for dwelling units shall be limited to a maximum of ten (10) units per acre. 5). "MFl" Urban Corridor Multifamily Residential District uses for dwelling units shall be limited to a maximum of ten (30) units per acre and a maximum height of 55 feet or four (4) stories. 6). "MF2" High Density Multifamily Residential District uses for dwelling units shall be limited to a maximum of ten (30) units per acre and a maximum height of 55 feet or four (4) stories. 3). Additional General Development Notes for PUD Permitted uses: a). All interior parking lots /driveways shown shall be paved with a durable, hard dust - free surface. b). Exterior maintenance on all buildings and structures shall be provided by the property owner(s). c). All Buildings shall be connected to municipal sanitary sewer and waterlines. d). All surface drainage created by this project shall be mix of retained on -site runoff and controlled released runoff, if allowed and as approved by the City Engineering Department. 1 of 3 e). Minimum development standards in the proposed planned unit development shall be as follows: 1). PUD frontage along a public street .............................. ............................... 50 feet 2). Minimum Front -yard Setback: a. Along Mc Kinley Avenue ................................... ............................... 25 feet 3). Maximum building lot coverage for entire project shall not exceed ................. 65 %; 4). Minimum project open space shall not be less than ............................... 20 %; 5). Parking, Drives and Walks may encroach into required front, side & rear yard setback areas, except along north and west PUD Boundary lines. 6). Interior driveways, parking spaces may encroach to point no closer than 5 feet to the east PUD boundary line. Fencing may encroach into side and rear yard setbacks. 7). The north and west boundary line of the PUD shall be screened from the adjacent property by either a minimum 6 foot high solid screening fence or a minimum 6 foot high evergreen screen with plants spaced a minimum of 12 ft. on center. A combination of fencing and landscaping shall also be allowed with the landscaping being placed between the fencing and the adjacent property. The combination of evergreen screening plants with fencing may be done in place of using Type "B" landscaping for uses as required by the City Zoning Ordinance. 8). All provided on -site parking spaces shall be a minimum of 9 ft. wide by 19 ft. in length, with the exception of small car spaces which can be a minimum of 16 ft. in length and 9 ft. wide. A maximum of 25% of the provided parking spaces may be small car spaces. All interior two -way (2) driveways shall be a minimum of 22 ft. wide as shown. A minimum 15 ft. wide Parking setback along public streets shall be required. 9). Interior parking landscape islands shall be provided for permitted uses, with the exception of no landscape islands required for outside storage areas of vehicles. Interior parking islands shall have a minimum planting area width of 7ft. and 18 ft. in length and shall contain at least one deciduous over -story tree and provided at a rate of one island per 15 parking spaces. 10). All trash dumpster enclosures shall be a minimum of 6 ft. high and may be made of same materials as building fagade, masonry type materials or may be enclosed by 6 ft. high solid wood or vinyl type materials. All enclosures shall have gates that shall be at least 70% opaque. No landscape screen required around trash enclosure(s). Trash Dumpster area may be accessed through an existing parking space. 11). Off - street parking shall be provided at the following ratios: a). Commercial Uses: 3 parking spaces per 1,000 sq.ft. of gross floor area; b). Inside Storage areas; 1 space per 5,000 sq.ft. of floor area for said use; c). No required parking spaces for any outside storage areas; d). Professional office use, Office use: 3 spaces per 1,000 sq.ft. of floor area for said use; e). Required Parking spaces may be located on adjacent properties within PUD with a signed agreement of property owners. The signed agreement shall be provided to the Area Plan Commission Executive Director for review & approval with a copy being provided to the City Building Department. 12). Outside storage of Recreational Vehicles, Boats, Trucks of 2 tons or less shall be screened on all sides by a evergreen landscape screen or by a screening fence with a minimum height of eight (8) feet. Said fence may be solid or a chain link with vinyl slats. 13). Signage: As permitted for uses permitted "SFl" & "SF2" Single Family and Two and Two Family Residential Districts, "MFI" Urban Corridor Multifamily District, "MF2" High Density Multifamily District, "LB" Local Business, "CB" Community Business and "GB" General Business Districts with the following exceptions: 2of3 a). Existing Free - standing sign on McKinley Avenue shall be allowed to remain, fixed and repaired as needed to maintain structural integrity. Copy area on said existing sign may be changed. Existing sign may be located no closer than 9 feet to the public right -of -way of McKinley Avenue Road as shown. Any new signs shall be permitted per by City zoning sign ordinances. b). Allowed sign display area for the existing Free - standing sign on McKinley Avenue may remain. Any additional increase shall not be allowed without proper approval as required by City zoning sign ordinances. c). Existing Free - standing sign on Hickory Road shall not be increased in height without proper approval as required by City zoning sign ordinances. 14). Variances to the General Development standards established by the PUD Ordinance for this development, may be approved by the Area Board of Zoning Appeals. 15). All lighting for this PUD shall be as required by City ordinances. 16). This PUD is subject to reciprocal easements between adjacent properties which allow for ingress - egress for vehicles and utilities including but not limited to sewer, water, storm, electric, gas, phone and cable to service existing and future development. 17). All vehicles stored or displayed on property shall have access to an interior access drive. 18). Executive Director of the Area Plan Commission shall have authority to determine that any changes requested to the PUD is considered a "Major" or "Minor" change. Major changes shall require the PUD to be reapproved as required by the City's rezoning process. SUBDIVISION STANDARDS WITHIN THE HICKORY ROAD PUD GENERAL NOTES: 1). Interior lots will not require a minimum frontage along a dedicated improved public right -of -way. Any interior lot without public street frontage will require a minimum 22 ft. wide ingress - egress easement to a public right -of -way. 2). Minimum interior side and rear yard building setbacks may be as small as 0 feet. Parking spaces may encroach into east side yard setbacks to a point no closer than 5 feet to the PUD boundary property line. 3). PUD boundary setbacks shall be as stated in developmental guidelines and shall be adhered to for any proposed subdivision lot. 4). Lots shall contain recorded reciprocal access, utility, drainage and parking easement agreements to allow ingress - egress over each lot to access adjacent public streets. Parking required per PUD development standards can be on adjacent lots within the PUD project boundary. Drainage can be located over lot lines within PUD boundary. Utility lines are allowed over lot lines within PUD boundary. 3 of 3 Filed in = dice CITYCLEK .,ND, IN v"'04 Uanch, "arner cV elssociates, Inc. Land Surveyors 0 Professional Engineers Landscape Architects • Land Planners Office: (574)234 -4003 / (800)594 -4003 Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of South Bend Common Council 4 °i Floor County -City Building South Bend, Indiana 46601 August 1, 2015 RE: Rezoning Petition for the 3500 Block of East McKinley Avenue and the 600 Block of North Hickory Road, South Bend, Indiana 46615; Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for the properties located in the 3500 Block of East McKinley Avenue and the 600 Block of North Hickory Road, South Bend, Indiana 46615 to the GB General Business District and the PUD Planned Unit Development District. This requested Rezoning would allow for the approval of permitted uses in GB General Business for the property along Hickory Road and a mixed use development for the McKinley Avenue property. Our clients believe the improvements proposed for the properties would be a compatible use in the surrounding mixed use neighborhood along this portion of the Hickory Road and McKinley Avenue commercial corridor. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Hamer & Associates, Inc. Filed in CI. AU5 i� t.`fil4t� JON ;,, r CnY CLERIC, fig s b s g 00000 �y " k_a ll _ll w (- I� nom°, Un• F C =Mg ou br -' I� zNN � 4• � m� 2 Z � I a a s fi why I g�< Ef A �E� ° zn — aahAj as "�5 8,�*� pg !a 6(11/03- 3� -I_r ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 635 SOUTH LAFAYETTE BOULEVARD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM GI GENERAL BUSINESS DISTRICT TO PUD PLANNED UNIT DEVELOPMENT TO ALLOW FOR A PROJECT COMPRISED OF RESIDENTIAL, COMMERCIAL AND INDUSTRIAL MIXED USES. 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: A PART OF THE SOUTHEAST QUARTER OF SECTION 11 AND A PART OF THE SOUTHWEST QUARTER OF SECTION 12 ALL IN T.37 N., R. 2 E., CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING DESCRIBED AS; BEGINNING AT THE NORTHEAST CORNER OF TRACT NO. 3 OF THE PLAT OF "STUDEBAKER CORPORATION REPLAT" AS RECORDED IN PLAT BOOK # 11 ON PAGE # 184 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE S. 00 °12'20" E.,(BEARINGS ASSUMED) ALONG THE EAST LINE OF SAID TRACT, SAID LINE ALSO BEING THE WEST RIGHT -OF -WAY LINE OF LAFAYETTE BOULEVARD, A DISTANCE OF 690.31 FEET MORE OR LESS; THENCE S. 89 °42'54" W., A DISTANCE OF 598.20 FEET MORE OR LESS; THENCE N. 00 °40'02" W., A DISTANCE OF 286.76 FEET MORE OR LESS; THENCE N. 89 °36'07" W., A DISTANCE OF 66.16 FEET MORE OR LESS; THENCE N. 00 °12'30" W., A DISTANCE OF 120.78 FEET MORE OR LESS; THENCE N. 24 °46'30" W., A DISTANCE OF 91.77 FEET MORE OR LESS; THENCE N. 89 °29'14" W., A DISTANCE OF 310.35 FEET MORE OR LESS TO THE CENTERLINE OF VACATED UNITED DRIVE (AKA PRAIRIE AVENUE); THENCE N. 29 030'09" E. ALONG THE CENTERLINE OF SAID VACATED RIGHT - OF -WAY A DISTANCE OF 286.00 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF CONRAIL RAILROAD (AKA PENN CENTRAL RAILROAD) EXTENDED EAST ACROSS SAID VACATED UNITED DRIVE (AKA PRAIRIE AVENUE); THENCE ALONG SAID EXTENDED LINE AND THE SOUTH RIGHT -OF -WAY LINE CONRAIL RAILROAD (AKA PENN CENTRAL RAILROAD), S. 86 °58'05" E., A DISTANCE OF 727.68 FEET MORE OR LESS; THENCE S. 00 °23'49" E. A DISTANCE OF 9.96 FEET MORE OR LESS TO THE NORTH LINE OF SAID TRACT NO. 3; THENCE S. 89 °31'59" E. ALONG SAID NORTH LINE A DISTANCE OF 348.74 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 13.18 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 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 on C uncil, approval by the Mayor, and legal publication. Member of the Common Council dft t1 h OR9ir%F0" 8t1 op for pubHe hearing and Attest. Council aeon on il"b City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20_, at o'clock m. City Clerk Approved and signed by me on the day of 20 , at o'clock m. Mayor of the City of South Bend, Indiana t! READING 4 vIJ� PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Filed in C ,R offi6E CITY CLERK, SOUTH SEND, IN PETITION TO REZONE 0& ofSouth 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 subject property is located at: 635 South Lafayette Boulevard, South Bend, Indiana 46601 2) The property Tax Key Number(s) is /are: Key # 1: 18- 3043- 165402, 18- 3043 - 165409 & 18- 3043 - 164508 3) Name and address of property owner(s) of the petition site: Studebaker Building 84 LLC 6561 LonewolfDrive, Suite 100 South Bend, Indiana 46628 574- 993 -5840 E -Mail Address N/A 4) Name and address of contingent purchaser(s), if applicable: N/A 5) It is desired and requested that this property be rezoned: From: GI General Industrial District To: PUD Planned Unit Development 6) This rezoning is requested to allow the following use(s): Mixed -Use, Residential, Commercial and Industrial Development. 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) six (6) site plans; and (c) 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. Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): A 4f. ( Studebaker Building 84 LLC 6561 LonewolfDrive, Suite 100 South Bend, Indiana 46628 574- 993 -5840 PETITION PREPARED BY & CONTACT PERSON: Name: Danch, Horner & Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574- 234 -4003 mdanch@danchharner.com Filed in Cl rk'q Office 1;ld: ' 5 2016 JOMH V6w -'100 CITY CLERK, SOUTH SEND, IN City of South Bend Building Corp 1400 County City Bldg South Bend, IN. 46601 Tax Key # 018 3043 165404 Indiana Michigan Power Company PO Box 16428 Columbus, OR 43216 Tax Key # 018 3041 155901 Studebaker Building 84 6561 Lonewolf Dr. Ste 100 South Bend, IN. 46628 Tax Key # 018 3043 165408 Studebaker Building 84 6561 Lonewolf Dr Ste. 100 South Bend, IN. 46628 Tax Key # 018 3043 165409 Studebaker Center LLC 22 E Jackson St Phoenix, AZ. 85004 Tax Key # 018 3018 0653 Union Station Properties LP' 6661 Lonewolf Dr. Ste. 100 South Bend, IN. 46628 Tax Key # 018 3043 165901 Property Owners Within 300 Feet Indiana Michigan Power Company PO Box 16428 Columbus, OR 43216 Tax Key # 018 3041 155902 Studebaker Center LLC 22 E Jackson St Phoenix, AZ. 85004 Tax Key # 018 3018 0687 3 G Properties 1111 S Main St South Bend, IN. 46601 Tax Key #018 3041 1559 Union Station Properties LP 6661 Lonewolf Dr. Ste. 100 South Bend, IN. 46628 Tax Key # 018 3043 165902 City of South Bend 227 W Jefferson Blvd Ste. 1200 South Bend, IN. 46601 Tax Key # 018 3043 1655 City of South Bend Building Corp 1400 County City Bldg South Bend, IN. 46601 Tax Key # 018 3043 165407 St Joseph County Jail Building Corp 1200 County City Bldg. South Bend, IN. 46601 Tax Key # 018 3043 165412 Studebaker Building 84 6561 Lonewolf Dr. Ste. 100 South Bend, IN. 46628 Tax Key # 018 3043 165402 ZR LLC 129 Wakewa Ave South Bend, IN. 46617 Tax Key # 018 3041 1559 Studebaker Center LLC 22 E Jackson St Phoenix, AZ. 85004 Tax Key # 018 3018 0652 Studebaker Center LLC 22 E Jackson St Phoenix, AZ. 85004 Tax Key # 018 3018 0659 Filed in C r- "f , office tyii a ;i,n1� CI.ry Ct.ERM, (i4 t-A BEND, IN LEGAL DESCRIPTION A PART OF THE SOUTHEAST QUARTER OF SECTION 11 AND A PART OF THE SOUTHWEST QUARTER OF SECTION 12 ALL IN T.37 N., R. 2 E., CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING DESCRIBED AS; BEGINNING AT THE NORTHEAST CORNER OF TRACT NO. 3 OF THE PLAT OF "STUDEBAKER CORPORATION REPLAT" AS RECORDED IN PLAT BOOK # 11 ON PAGE # 184 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE S. 00 °12'20" E.,(BEARINGS ASSUMED) ALONG THE EAST LINE OF SAID TRACT, SAID LINE ALSO BEING THE WEST RIGHT —OF —WAY LINE OF LAFAYETTE BOULEVARD, A DISTANCE OF 690.31 FEET MORE OR LESS; THENCE S. 89 °42'54" W., A DISTANCE OF 598.20 FEET MORE OR LESS; THENCE N. 00 °40'02" W., A DISTANCE OF 286.76 FEET MORE OR LESS; THENCE N. 89 °36'07" W., A DISTANCE OF 66.16 FEET MORE OR LESS; THENCE N. 00 °12'30" W., A DISTANCE OF 120.78 FEET MORE OR LESS; THENCE N. 24 °46'30" W., A DISTANCE OF 91.77 FEET MORE OR LESS; THENCE N. 89 °29'14" W., A DISTANCE OF 310.35 FEET MORE OR LESS TO THE CENTERLINE OF VACATED UNITED DRIVE (AKA PRAIRIE AVENUE); THENCE N. 29 030'09" E. ALONG THE CENTERLINE OF SAID VACATED RIGHT - OF —WAY A DISTANCE OF 286.00 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT —OF —WAY LINE OF CONRAIL RAILROAD (AKA PENN CENTRAL RAILROAD) EXTENDED EAST ACROSS SAID VACATED UNITED DRIVE (AKA PRAIRIE AVENUE); THENCE ALONG SAID EXTENDED LINE AND THE SOUTH RIGHT —OF —WAY LINE CONRAIL RAILROAD (AKA PENN CENTRAL RAILROAD), S. 86 °58'05" E., A DISTANCE OF 727.68 FEET MORE OR LESS; THENCE S. 00 023'49" E. A DISTANCE OF 9.96 FEET MORE OR LESS TO THE NORTH LINE OF SAID TRACT NO. 3; THENCE S. 89 °31'59" E. ALONG SAID NORTH LINE A DISTANCE OF 348.74 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 13.18 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Filed in Voo r1r `sS Office JoHlo CITY mim, SCium SEND, IN �4 Uanch, "arner &V Associates, Inc. Land Surveyors 0 Professional Engineers Landscape Architects w Land Planners Office: (574)234 -4003 / (800)594 -4003 Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of July 30, 2015 South Bend Common Council 4 "' Floor County -City Building South Bend, Indiana 46601 RE: Rezoning Petition for 635 South Lafayette Boulevard, South Bend, Indiana 46601; Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for the properties located at 635 South Lafayette Boulevard, South Bend, Indiana 46601 to the PUD Planned Unit Development District. This new development will be known as the Renaissance District PUD. This requested Rezoning would allow for the approval of a mixed Residential, Commercial and Industrial use development that will include reuse of several old industrial buildings. The proposed site improvements would include the renovation of the existing structures to allow for a mix the new uses in a campus format. There is also area set aside on the property for a future parking garage to service the varied uses of the PUD facilities. Our clients believe the improvements proposed for the properties would be a compatible use in the surrounding mixed use neighborhood along this portion of Lafayette Boulevard corridor. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Hamer & Associates, Inc. Filed In Clrarws 4fflca CITY CLE K,S30UTH BEND, IN THE RENAISSANCE DISTRICT PUD GENERAL DEVELOPMENT STANDARDS FOR THE RENAISSANCE DISTRICT PUD Permitted Uses: A. Primary uses: All rip •mart' uses permitted in the "SF2" Single Family and Two Family District, "LB" Local Business District, "CB" Community Business District, "CBD" Central Business District, "GB" General Business District, "LI" Light Industrial District and the General Industrial District as per City the Zoning Ordinance as amended. B. Special Exceptions allowed under the "SF2" Single Family and Two Family District, "LB" Local Business District, "CB" Community Business District, "CBD" Central Business District, "GB" General Business District, "LI" Light Industrial District and the "GI" General Industrial District as per the City Zoning Ordinance, as amended. Approval of Special Exceptions shall be per the City Zoning Ordinance, as amended. Development Standards: A. PUD frontage along a public street .............................. ............................... 50 feet B. Minimum Front -yard Setback: 1. Along Lafayette Boulevard ................................ ............................... 0 feet C. Side & Rear -yard Setbacks: 1. Along North property line ( side - yard) .............. ............................... 0 feet 2. Along West property line (rear- yard) ................ ............................... 5 feet 3. Along South property line ( side - yard) ................. ............................... 10 feet D. Maximum building lot coverage for entire project shall not exceed ................. 95% E. Minimum project open space shall not be less than .. ............................... 5% 1. Roof top on any build or structure that contains landscaping shall count towards The minimum required landscaping percentage of 5 %. F. Parking, Drives and Walks may encroach into required front, side & rear yard setback areas G. Interior driveways, parking spaces may encroach into South side yard and West rear yard setbacks to a point no closer than 0 feet to the PUD boundary property line. H. Fencing may encroach into side and rear yard setbacks. Fencing allowed at a 0 foot setback along Lafayette Boulevard frontage for a limited period of time to secure existing surface parking lot. Once the existing surface parking lot is removed for the proposed parking garage, any security fencing along Lafayette Boulevard in front of the parking garage structure shall be removed. General Regulations: A. Accessory Uses, Buildings and Structures shall comply with the General Regulations for the district in which the use first applies in the South Bend Zoning Ordinance, with the following exceptions: 1. No landscape screen required around trash enclosure. 2. Trash Dumpster area may be accessed through an existing parking space. B. Temporary Uses, Building and Structure shall comply with the General Regulations for the district in which the use first applies in the South Bend Zoning Ordinance. Utilities and Drainage: A. Buildings shall be connected to municipal sanitary sewer and waterlines. B. All surface drainage created by this project shall be mix of retained on -site runoff and controlled released runoff, if allowed and as approved by the City Engineering Department. Landscaping: No landscaping requirements for building(s), PUD site or parking areas other than as follows: A. South side of Building # 113, Minimum of Six (6) over -story deciduous /evergreen trees, or ten (10) Ornamental trees and 40 deciduous /evergreen shrubs. B. Providing a minimum of five (5) over -story deciduous trees along the Lafayette Boulevard frontage of the parking garage structure placed on site or in grass lawn are in street right -of -way with permission from City. C. Providing over -story deciduous /evergreen trees along the south fagade of the parking garage at a maximum spacing of 80 ft. on center. D. Interior parking landscape islands shall be provided for permitted uses, with the exception of no landscape islands required for surface parking lot located in area of parking garage structure. Interior parking islands where provided shall have a minimum planting area width of 7ft. and 18 ft. in length and shall contain at least one deciduous over- story tree and provided at a rate of one island per 30 parking spaces. Lighting: All lighting for this PUD shall be as required by City ordinances. Signs: As permitted for Integrated Centers within the "GB" General Business District. Any additional increase shall not be allowed without proper approval as required by South Bend Zoning sign ordinances. Parking and Loading: A. All interior parking lots /driveways shown shall be paved with a durable, hard dust -free surface. B. All provided on -site parking spaces shall be a minimum of 9 ft. wide by 19 ft. in length, with the exception of small car spaces which can be a minimum of 16 ft. in length and 9 ft. wide. A maximum of 25% of the provided parking spaces may be small car spaces. All interior two -way (2) driveways shall be a minimum of 22 ft. wide as shown. A minimum 8 ft. wide Parking setback along public streets shall be required. C. Off - street parking shall be provided at the following ratios: 1. Commercial Uses: 3 parking spaces per 1,000 sq.ft. of gross floor area; 2. Inside Storage areas; 1 space per 25,000 sq.ft. of gross floor area for said use; 3. No required parking spaces for any outside storage areas; 4. Professional office use, Office use: 3 spaces per 1,000 sq.ft. of gross floor area for said use; 5. Higher Education/School; 1 space per employee, plus I space per every 15 students based on maximum design capacity; 6. Experimental Learning Center; 10 parking spaces, plus 1 space for every 500 sq.ft. above 3,000 sq.ft.; 7. Early Childhood Learning Center: 1 space per employee, plus 3 spaces per 10,000 sq.ft. of gross floor area; 8. Shop Space; 1 space per 10,000 sq.ft. of gross floor area; 9. Fitness Center; 5 parking spaces per 1,000 sq.ft. of gross floor area with an allowed 60% reduction during the day per (Table 21- 07 -04c from City Zoning Code as amended); 10. Book Store; 5 parking spaces per 1,000 sq.ft. of gross floor area with an allowed 60% reduction during the day per (Table 21- 07 -04c from City Zoning Code as amended); 11. Maker Innovation Space; 3 parking spaces per 1,000 sq.ft. of gross floor area; 12. Residential Units: i space per unit; 13. Data Center; 1 parking spaces per 10,000 sq.ft. of gross floor area; D. Required Parking spaces may be located on adjacent properties within PUD with a signed agreement of property owners. The signed agreement shall be provided to the Area Plan Commission Executive Director for review & approval with a copy being provided to the City Building Department. E. A Minimum of two (2) Off - street loading areas shall be required for the PUD. Off - street loading area shall be a minimum of 14 ft. wide by 60 ft. in length. Existing aisle ways may be used for maneuvering area for loading dock. Aisle ways used to access off - street loading areas may be a minimum of 22 ft. wide. Buildine Design and Architecture: A. Exterior maintenance on all shown buildings shall be provided by the property owner(s). B. Architectural fagade of the parking garage structure along the Lafayette Boulevard street frontage shall be similar to and consistent with the architectural fagades used on Buildings # 113 and # 84 in the PUD. Administration: A. Variances to the General Development standards established by the PUD Ordinance for this development may be approved by the Area Board of Zoning Appeals. B. This PUD is subject to reciprocal easements between adjacent properties which allow for ingress - egress for vehicles and utilities including but not limited to sewer, water, storm, electric, gas, phone and cable to service existing and future development. C. Executive Director of the Area Plan Commission shall have authority to determine that any changes requested to the PUD, would be considered a "Major" or "Minor" change. Major changes shall require the PUD to be reapproved as required by the City's rezoning process. SUBDIVISION STANDARDS WITHIN THE RENAISSANCE DISTRICT PUD GENERAL NOTES 1). Interior lots will not require a minimum frontage along a dedicated improved public right -of -way. Any interior lot without public street frontage will require a minimum 22 ft. wide ingress - egress easement to a public right -of -way. 2). Minimum interior side and rear yard building setbacks may be as small as 0 feet. Parking spaces may encroach into South side and West rear yard setbacks to a point no closer than 5 feet to the PUD boundary property line. 3). PUD boundary setbacks shall be as stated in developmental guidelines and shall be adhered to for any proposed subdivision lot. 4). Lots shall contain recorded reciprocal access, utility, drainage and parking easement agreements to allow ingress- egress over each lot to access adjacent public streets. Parking required per PUD development standards can be on adjacent lots within the PUD project boundary. Drainage can be located over lot lines within PUD boundary. Utility lines are allowed over lot lines within PUD boundary. 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