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HomeMy WebLinkAbout01-12-09 Common Council Meeting Agenda & Packetnr_~rTnn SOUTH BEND COMMON COUNCIL MONDAY, JANUARY 12, 2009 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS '~ . n n n nn 09-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING AND THANKING COUNCIL MEMBER AT LARGE TIMOTHY A. ROUSE FOR SERVING AS COUNCIL PRESIDENT IN 2006, 2007 AND 2008 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE aTT T AT(l 63-08 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 921 NORTH BENDIX DRIVE, SOUTH BEND, IN 46628, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 83-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING WATER LEAK INSURANCE FUND N0. 644, TRANSFERRING THE BALANCE TO WATER WORKS OPERATING FUND NO. 620, AND REPEALING ARTICLE 6 OF CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE 87-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING AN ADDITIONAL $500.00 FROM SOLID WASTE CAPITAL FUND N0. 611, AND AN ADDITIONAL $75,000 FROM SEWER INSURANCE FUND N0. 640 ' 88-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN AMORTIZED REPAYMENT SCHEDULE OUT OF TAX INCREMENT FINANCE (TIF) FUNDS OF THE LOAN FROM MAJOR MOVES FUND (#412) FOR THE DOUGLAS ROAD EXPANSION PROJECT 8. BILLS, THIRD READING 63-08 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 921 NORTH BENDIX DRIVE, SOUTH BEND, IN 46628, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 83-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING WATER LEAK INSURANCE FUND N0. 644, TRANSFERRING THE BALANCE TO WATER WORKS OPERATING FUND N0. 620, AND REPEALING ARTICLE 6 OF CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE 87-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING AN ADDITIONAL $500.00 FROM SOLID WASTE CAPITAL FUND NO. 611, AND AN ADDITIONAL $75,000 FROM SEWER INSURANCE FUND N0. 640 88-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN AMORTIZED REPAYMENT SCHEDULE OUT OF TAX INCREMENT FINANCE (TIF) FUNDS OF THE LOAN FROM MAJOR MOVES FUND (#412) FOR THE DOUGLAS ROAD EXPANSION PROJECT 9. RESOLUTIONS RTT.T~ Nn _ 09-02 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 3511 - 3615 VOORDE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FORTIS PLASTICS, LLC 09-03 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 3511 - 3615 VOORDE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR REAL PROPERTY TAX ABATEMENT FOR AIC VENTURES (FORTIS PLASTICS, LLC - LESSEE) 09-04 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 1728 NORTH IRONWOOD DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE-YEAR REAL PROPERTY TAX ABATEMENT FOR ROBERT R. LEE (C.E.LEE COMPANY, INC.) 09-05 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 719 AND 725 TURNOCK STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION, INC. AND WEISS HOMES, INC. 09-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF MISHAWAKA, INDIANA CONCERNING THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS TO DOUGLAS ROAD 10. BILLS, FIRST READING RTT.T. NCB 01-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2013 FORD ST., SOUTH BEND, IN 46619, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA 02-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 744 SOUTH MAIN STREET, COUNCILMANIC DISTRICT SIX (6) IN THE CITY OF SOUTH BEND, INDIANA 03-09 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: THE ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST-WEST 14 FT. WIDE ALLEY NORTH OF MONROE STREET, RUNNING EAST FROM THE EAST RIGHT-OF- WAY LINE OF SOUTH MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET + AND THE FIRST NORTH-SOUTH 14 FOOT WIDE ALLEY EAST OF SOUTH MAIN STREET, RUNNING NORTH FROM THE NORTH RIGHT-OF-WAY LINE OF MONROE STREET FOR A DISTANCE OF APPROXIMATELY 198 FEET + LOCATED DIRECTLY NORTH AND EAST OF LOTS 28, 29 AND 30. THE STREET TO BE VACATED IS A PORTION OF MICHIGAN STREET, SOUTH FROM WESTERN AVENUE APPROXIMATELY 250 FEET 11. UNFINISHED BUSINESS A. REPORTS FROM BOARD OF ZONING APPEALS 1. BILL N0. 09-06 - SPECIAL EXCEPTION FOR 54723 BURDETTE STREET 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: RESOLUTION NO. ~~~ t~ ~ ~ ~ o~-~ ~ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING AND THANHING COUNCIL MEMBER AT LARGE TIMOTHY A ROUSE FOR SERVING AS COUNCIL PRESIDENT IN 2006, 2007 AND 2008 ~,,~,«, the Common Council of the City of South Bend, Indiana, is proud to recognize that Timothy A. Rouse has diligently and effectively served on the South Bend Common Council as a Council Member at Large since 2006; and ~~/~~4, the Common Council notes that Council Member Rouse is a native of South Bend; a US Marine Corps veteran; and in addition to his many duties on the South Bend Common Council has served as the Pastor of the First African Methodist Episcopal Zion Church since 1990; and ~7~, Council Member at Large Timothy A. Rouse served as Council President in 2006, 2007 and 2008 and during his three (3) years of leadership often recommended that the Common Council utilize Stephen R Covey's The Seven Habits of Highly Effective People which lists seven (7) principles aimed at achieving greater interdependent effectives, namely: 1. Be Proactive 2. Begin with the End in Mind 3. Put First Things First 4. Think Win/Win 5. Seek First to Understand, Then to be Understood 6. Synergize 7. Sharpen the Saw with an 8~' Habit later being developed namely "From Effectiveness to Crreatness"; and "~laeirecra, during his three (3) year tenure, Council President Rouse re-insfituted Council Retreats; organized tours of the city and community partnership centers so that the Council Members could interact dtrectly with members of the public and see first hand some of the challenges facing the City of South Bend; co-authored an ordinance which created the Community Campus Advisory Coalition which has fostered the opportunity for residents, community and college officials to discuss concerns and develop proactive solutions; and has continually stressed the need to view matters from new paradigms. c~/1~0,,, cJ/P.~ GQ ~~a/ ,~1, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly thanks and commends Council Member At Large. Timothy A. Rouse, for his three (3) yeazs of dedicated service as the President of the South Bend Common Council in 2006, 2007, and 2008 Section II. The South Bend Common Council is especially proud to recognize and honor Council Member At Large Timothy A. Rouse, who has provided leadership and vision as a Council Officer. The Common Council wishes Tim and his wife, Hazel, the very best in the years ahead and looks forwazd to continuing to work closely with him on issues which are in the best interest of the citizens of South Bend. Section III . This Resolution shall be in full force and effect from and after its adoption'by the Council and approval by the Mayor. Derek D. Dieter, ls` District Henry Davis, Jr., 2"° District Thomas LaFountain, 3`° District Ann Puzzello, 4"'District Dr. David Varner, m District V orde, City erk Oliver J. Davis, 6°' District Al "Buddy" Kirsits, At Large Karen L. White, At Large Kathleen Cekanski-Fatrand, Council Attorney C~ofetect'l~ia c~ o~~y~~nzccaxr~, 2009 Stephen J. Luecke, Mayor of South Bend Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 November 19, 2008 The Honorable Council of the City of ~- ~~ t } ,~ ` ~~ _~ ~y South Bend ~ ~V a 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Faith Apostolic Temple, Inc. to zone from CB Community Business District to MFZ High Density Multifamily District, property located at 921 North Bendix Drive, City of South Bend - APC# 2486-08 Dear Council Members: I hereby Certify that the above referenced ordinance of Faith Apostolic Temple, Inc. was legally advertised on Thursday, November 6, 2008 and that the Area Plan Commission at its public hearing on Tuesday, November 18, 2008 took the following action: Upon a motion by Karl King, being seconded by Gary Gilot and carried, the proposed ordinance of Faith Apostolic Temple, Inc. to zone from CB Community Business District to MF2 High Density Multifamily District, property located at 921 North Bendix Drive, City of South Bend is sent to the Common Council with a favorable recommendation. Significant effort has been put forth into the planning for the LaSalle Square site though the South Bend Comprehensive Plan, City Plan, and more recently the LaSalle Square Redevelopment Plan. This rezoning is consistent with both those plans. 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, p /d~~u~W. Byo ' JWB:jsc Attachment CC: Faith Apostolic Temple, Inc. Sterling Development, LLC Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2486-08 Owner: Faith Apostolic Temple, Inc. Location: 921 North Bendix Drive Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from CB Community Business District to MFZ High Density Multifamily District to allow Multifamily dwellings. Land Uses and Zoning: On site: On site is a vacant lot. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east is a restaurant and a vacant commercial building zoned CB Community Business District. South: To the south is amulti-tenant retail center zoned CB Community Business District. West: To the west is the LaSalle Branch of the~St. Joseph County Public Library zoned CB Community Business District. District uses and development standards: The MF2 High Density Multifamily District is established to protect, promote and maintain the development of high density multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of multifamily dwelling projects with on-site amenities. Site plan description: The site plan shows a 20,547 square foot apartment building. This 4 story, 72 unit building will cover 23.9% of the site. Fifty five parking spaces, covering 28,711 square feet, are shown. Open space, including patios covers the remaining 36,712 square feet. Zoning and land use history & trends: This site, as a part of the LaSalle Square area, had requested rezonings in 2001 and 2002. Both were withdrawn. On October 3, 2008, the South Bend Redevelopment Commission accepted the LaSalle Square Plan. Traffic and transportation considerations: Ardmore Trail is a two lane road with a center turn lane. Utilities: The site will be served by municipal utilities. Additional information: (Agency comments) Board of Zoning Appeals variances for the height of the building, recreational open space, and number of parking spaces have been filed for the November 20, 2008 meeting. Faith Apostolic Temple, Inc. #2486-08 Page 1 of .1 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: South Bend City Plan -November 2006 Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. Policy H 1.4: Encourage the development of a variety of housing types and care choices for seniors and disabled persons. Land Use Plan: South Bend City Plan -November 2006 The future Land Use Map shoes this area in general as Mixed Use. Plan Implementation/Other Plans: LaSalle Square Area Redevelopment Plan Five Year Outlook Recommendation #3: Work with a senior housing developer to come into the Square. This development seems ideally suited to be situated in the vacant parcel to the immediate east of LaSalle library, which will preserve the frontage on Bendix Drive to be used for retail development. Bringing in a new development will quickly add residents, improving the likelihood of new retail development for the area. The proposed rezoning is in conformance with these policies and plans. 2. Current conditions and character: The current site is an empty field. 3. Most desirable use: The most desirable use for this site is a mixed use of residential and commercial. 4. Conservation of property values: The surrounding property values should not be affected. 5. Responsible development and growth: It is responsible development and growth to follow previously approved land use plans. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: Significant effort has been put forth into the planning for the LaSalle Square site though the South Bend Comprehensive Plan, City Plan, and more recently the LaSalle Square Redevelopment Plan. This rezoning is consistent with both those plans. Faith Apostolic Temple, Inc. #2486-08 Page 2 of 2 .(11/18/2008)^Ann Puzzello LWWGA LETTER TO APC DOC ~~ ~ Page 1 1 11.18.08 _ Dear Members of the Area Plan Commission, During a recent meeting of the Lincoln Way West Gateway Association neighbors debated the Sterling Group's proposal to build a low income senior citizen complex in LaSalle Square. We concluded that we support the rezoning process and the building of senior housing in the Square as the development plan suggests, however, we have concerns about this specific proposal. Throughout the planning process neighbors indicated their desire to "raise the bar" while redeveloping LaSalle Square. We believe the re-development should help lift the neighborhood up socio-economically and aesthetically while creating a destination; a warm, vibrant, welcoming place that residents and visitors would want to visit frequently. After reviewing the details of this proposal we have come up with several concerns. First and foremost of our concerns is why this development does not include any market rate rental units or apartments set aside for moderate income seniors. Other questions include: * Does the scale of a four-story building fit in the Square, especially on a parcel the size on which it is proposed? Can atwo- or three-story building be a profitable option that also qualifies for the LIHTC program? * While at the federal level the LIHTC program requires a minimum affordability period of 30 years, what is the requirement from the state's perspective? * Was there a marketing study performed before this project was announced and if so, can it be shared with neighbors? * Will tenants be local seniors presently not housed in other developments elsewhere in South Bend or will these people be new to the area? * Will there be zero tolerance for crime whether by adding a "crime-free addendum" to the leases or as matter of policy? * What impact will this type of development have on our home values? Are there any studies to determine this? * Neighbors were not very enthused about the artist's rendering of the proposed building's appearance. To many it evoked images of a modern day Beacon Heights -hardly raising the standards for the area. Since this building will set the standard for future development in the LaSalle Square area, can't the developer construct a building more in line with their Mishawaka properties' design? * If the building is sold or management changes in five oi• ten years can the new management alter the mix of the income levels for which the apartments are set aside? We wish to reiterate that we do not oppose housing being constructed as part of the re- development of LaSalle Square but we have many concerns about this project as currently proposed. We question the outdated practice of dramatically increasing the density of very low income people in such a small area given the proximity to another low-income complex of almost 200 units, Beacon Heights, two blocks away. We have high expectations for this project and want to work with city officials, Faith Apostolic Temple and all stakeholders to make the re-development of LaSalle Square a rousing success. We believe the approach to this project must not be limited to a "business as usual" group think that the west side is only suitable for another cookie cutter project. In closing, while we want the rezoning process to move forward we do have many questions about what is on the table presently. We remind all stakeholders and city officials that this project is a tremendous opportunity for South Bend. An opportunity to make the re-development of LaSalle Square a model development that cities across the country will want to study and emulate. Sincerely, Jerry Niezgodski Chairman, Lincoln Way West Gateway Association Statement from the LaSalle Square Steering Committee To the Area Plan Commission of St. Joseph County,lN. November 18, 2008 The LaSalle Square Steering Committee is pleased to offer this statement of support for the Faith Apostolic Temple, Ines petition for rezoning to the Area Plan Commission. The LaSalle Square Steering Committee is a group of stakeholders convened at the request of Mayor Luecke to help guide the LaSalle Square Area Redevelopment Plan (LSARP), which was approved by the Redevelopment Commission on October 3, 2008. The LSARP was developed through public planning process by the consultant team of ZPD-~-A and the Center for Neighborhood Technologies. There were two well-advertised and attended public meetings that acted as basis to formulate the Plan in conjunction with market research. The ultimate outcome of the Plan calls for LaSalle Square to become a vibrant mixed- used development with a variety of land uses. Moreover, the Plan calls for senior housing to be developed at the proposed site, between the Library and existing commercial buildings affronting Bendix Drive. The LaSalle Square Steering Committee has reviewed the proposed development and is in support, given that the project meets the goals of the Plan. We look forward with working with the developers throughout their Low Income Housing Tax Credit Program application process and the Development Review Process. This development will aid in the implementation of the Plan, and increase the viability of commercial development in the future. To this end, we are in support of the rezoning. ~pG Z~S?~-a6 ~~J~lo~ ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 921 NORTH BENDIX DRIVE, SOUTH BEND, IN 46628, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned "CB" Community Business District. The south portion of the parcel which has a current tax identification number of 18-2191-7192 is a part of the LaSalle Square area and is currently anchored by the Faith Apostolic Ministries. A northern part of the property which has frontage along Ardmore Trail is proposed to be rezoned to "MF2" High- Density Multifamily District for the development of a multifamily residential development. The development is proposed.to be an independent living senior facility. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A PART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 11.80 FEET (RECORD); THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD), A DISTANCE OF 60.00 FEET (RECORD) TO THE NORTHWEST INTERSECTION OF THE RIGHTS-OF- WAY OF BENDIX DRIVE AND PRAST BOULEVARD, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68-69, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD) ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 626.58 FEET (RECORD); THENCE NORTH QO DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 843.37 (RECORD) FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF ARDMORE TRAIL, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68-69, IN SAID OFFICE OF RECORDER; THENCE NORTH 65 DEGREES 07 MINUTES 27 SECONDS EAST (RECORD) ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 452.46 FEET (RECORD) TO THE NORTHEAST CORNER OF PARCEL DESCRIBED IN INSTRUMENT NUMBER 9866002 AS RECORDED IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 64 DEGREES 47 MINUTES 23 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 309.03 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 7911283 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH. 00 DEGREES 15 MINUTES 39 SECONDS EAST, A DISTANCE OF 418.61 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 0739854 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 27 MINUTES 35 SECONDS WEST, A DISTANCE OF 227.78 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 50 SECONDS EAST ALONG THE EAST LINE OF A PARCEL AS DESCRIBED IN SAID INSTRUMENT NUMBER 9866002 TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 82.88 FEET, A CENTRAL ANGLE OF 33 DEGREES 34 MINUTES 21 SECONDS, AND A CHORD OF 47.87 FEET BEARING NORTH 16 DEGREES 20 MINUTES 20 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 48.56 FEET; THENCE NORTH 33 DEGREES 07 MINUTES 31 SECONDS EAST, A DISTANCE OF 76.24 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.974 ACRES, MORE OR LESS. SUBJECT TO RIGHT-OF-WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY AARON W. BLANK, P.L.S., #LS2020020, EMPLOYED WITH ABONMARCHE CONSULTANTS, L.L.C. ALL BEARINGS AND DISTANCES ARE PER MEASURED UNLESS OTHERWISE NOTED. ALL RECORD DATA ARE PER A SPECIAL LIMITED WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0256257 IN THE OFFICE OF SAID RECORDER. be and the same is hereby established as "MF2" High-Density Multifamily District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 2008, at o'clock .m. City Clerk Approved and signed by me on the day of , 2008, at o'clock .m. Mayor of the City of South Bend, Indiana 1 st REA.DBNG ~ b ~~"""~' -4u~' PU3LIC FEAR{NG 3 rd READING NOT APPROVED day of _ ~il~d In C[erk'~ a~fics OCT - $ 2008 JGNN V©DRDE C!1'Y CLERK, S0. BF(vD, IN. REFERRED '~;'~SSED Date Filed Date received by the Area Plan Commission Application No. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 921 North Bendix Drive, South Bend, IN 4662$ 2) Name and address of property owner(s) of the petition site: Faith Apostolic Temple, Inc. P.O. Box 3128 South Bend, IN 46628 (574) 288-3515 3) Name and address of contingent purchaser(s), if applicable: Sterling Development, LLC Attn: John VanMeeter, Director of Development 3900 Edison Lakes Parkway, Suite 201 Mishawaka, IN 46545 (574) 247-3234 4) It is desired and requested that this property be rezoned from "CB" Community Business to "MF2" Huh-Density Multifamily District 5) This rezoning is requested to allow the following use(s): Multifamily Dwellings (Independent Living Senior Development) 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) 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; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if ava'Iable drawn to scale, which includes street names, printed in 8%2" x 11" format. ~~ ~ Pastor Gr F ier PETITION PREPARED BY: Derek J. Spier, AICP 750 Lincoln Way East South Bend, IN 46601 (574) 232-8700 dspier@abonmarche.com CONTACT PERSON: (If different) Same as Petition Preparer Filed {n G1erg~'~ 4~~c~e 11C~ "' s zao8 aa~r~ v~o~Q~ c~rr c~E~~c, sa. ~E~o, r~. 1400 COUNTY-C1TY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES $. LEONE ALADEAN M. DEROSE CITY ATTORNEY CHIEF ASSISTANT CITY ATTORNEY November 25, 2008 Mr. Timothy Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: An Ordinance Closing Water Leak Insurance Fund No. 644 and Repealing Applicable Portions of theSouth Bend Municipal Code Dear Mr. Rouse: The Indiana Utility Regulatory Commission's (IURC) most recent decision concerning the City of South Bend's water rates, directed the City to cease charging a separate water leak repair/replacement fee, and to include that cost as part of the general rate. With this IURC decision, there is no further need for separate Water Leak Insurance Fund No. 644. The monies in that Fund should be transferred to Water Works Operating Fund No. 620, and the South Bend Municipal Code provisions pertaining to repair and replacement of water lines (Chapter 17, Article 6) should be repealed as unnecessary. For accounting purposes, this process should be effective as of December 31, 2008. I, therefore, enclose an ordinance which approves these internal accounting adjustments, and which has an effective date of December 31, 2008. The Controller will provide the Council with year-end accounting of the monies in Fund No. 644 to be transferred to Water Works Operating Fund No. 620. Making presentation of this Ordinance to the Common Council may be David Tungate, Roxanne Lawson, Catherine Fanello, or a combination of them. Thank you for your consideration. Sincerely, Aladean M. DeRose Chief Assistant City Attorney AMD/cw THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEPJER JEFFREY L. SANFORD JOHN E. BRODEN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CLOSING WATER LEAK INSURANCE FUND N0.644, TRANSFERRING THE BALANCE TO WATER WORKS OPERATING FUND N0.620, AND REPEALING ARTICLE 6 OF CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT For many years the City of South Bend's Water Works Division has assessed a monthly charge of Two Dollars ($2.00) per customer used to repair leaks or replace water service lines. Revenue from this chazge has been deposited in Water Leak Insurance Fund No. 644. The Office of Utility Consumer Counselor (OUCC), a division of the Indiana Utility Regulatory Commission (IURC), has recently recommended and the IURC has directed that this separate charge for water line repair/replacement be added to the regular water tariff for the City's water customers. The addition of the separate water leak chazge to the water tariff eliminates the need for the separate Water Leak Insurance Fund No. 644. This ordinance transfers the monies now on deposit in Fund No. 644 to Water Works Operating Fund No. 620, and closes Fund No. 644 which is no longer necessary. It also repeals in its entirety Article 6 of Chapter 17 of the South Bend Municipal Code which was created by Ordinance No. 5930-75 on December 16, 1975 and which established and regulated payment of this water service charge. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section I. All monies within Water Leak Insurance Fund No. 644 shall be transferred to Water Works Operating Fund No. 620. Section II. Fund No. 644 shall be closed upon transfer of all monies in Water Leak Insurance Fund No. 644 to Water Works Operating Fund No. 620. Section III. Article 6 of Chapter 17 of the South Bend Municipal Code consisting of Sections 17-49 through 17-55 inclusive is hereby repealed~in its entirety. Section IV. After its passage by the Common Council and Approval by the Mayor, this ordinance shall be effective as of, and retroactive to December 31, 2008. tt ~~ °~ `~ ' ~.-- - - ~• ~-• • •~ Member of the Common Council yf%'~. w., ~ ,.... ..~"364. ~F 4a!sc.7 t'iJ..'E~i9o Attest: 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 o'clock . m. City Clerk day of 2 at tt ~~~ '1 st [~~,~i1vG ;'GJu1.iC F;EARi~~ r•~:i ~E~D{~ ~G i i~~l' ~~~~' O'1~ F,~i'~~~F~ED Mayor, City of South Bend, Indiana Filed to Cferk'S C~~ice NOV 2 ~ 2008 doHtJ VOORDE f^AUN1Y-CITY BUILDING 227 ~ JEFFERSON BLVD. SOUTH BEND> INDIANA 46601-1830 PHONE 574/ 235-9216 FAx 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER December 3, 2008 t` ~,~ ~ ~' ~ ~ r~~ Mr. Timothy A. Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: Ordinance for Additional Appropriations -Funds 611 and 640 Dear President Rouse: Additional funds are needed for expenditures in budget year 2008 consisting of Five Hundred Dollars ($500) for the Solid Waste Capital Fund No. 611 and the sum of Seventy-Five Thousand Dollars ($75,000) for Sewer Insurance Fund No. 640. Both of these are Enterprise funds. Because the Council is not meeting again in December 2008, we are requesting the Council make its approval of this ordinance retroactive to December 31, 2008. I will present this ordinance to the Council at its Personnel and Finance Committee meeting and at its regular business meeting. Thank you for your consideration. JANICE L: HALL JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATION TECHNOLOGY 4 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING AN ADDITIONAL $500.00 FROM SOLID WASTE CAPITAL FUND N0.611, AND AN ADDITIONAL $75,000 FROM SEWER INSURANCE FUND N0.640 STATEMENT OF PURPOSE AND INTENT Additional funds are needed for expenses in budget year 2008 consisting of'$500.00 for the Solid Waste Capital Fund No. 611, and an additional $75,000 from Sewer Insurance Fund No. 640. These additional monies were not anticipated at the time the City passed the 2008 City Budget in 2007 (Ordinance No. 9787-07). NOW, THEREFORE, BE TT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The additional sum of $500.00 is appropriated in fiscal year 2008 and set aside within Solid Waste Capital Fund No. 611 for expenses. Section II. The additional sum of $75,000 is appropriated in fiscal year 2008 and set aside within Sewer Insurance Fund No. 640 for expenses. Section III. After its passage by the Common Council and approval by the Mayor, this ordinance shall be effective as of and retroactive to December 31, 2008. Attest: Member of the Common Council ., f ~, `., Cit Clerk ~t~u?;,,i ~~; ,~~ ~ ,;d, f..s.~ ~~;~d;. Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2007, at o'clock _ . m. City Clerk Approved and signed by me on the day of o'clock . m. 2007, at Mayor, City of South Bend, Indiana ~ ;~ ~~~:r~t~~~ PUGLIC E-icrl:f!'dG 3 r:~ RE ~i~~iG ~CC;rT /,PP~GWE~ F.cl=F~ QED 7 ~lr Cr® File l~ ~l~t`k'~ Q#~ice DEC - 3 2008 ~©!iN tlOOADE COUNTY-CRY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574/ 235-9216 Fnx 574/235-9928 TDD 574/ 235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER ~~ ~~ _~~ December 3, 2008 Mr. Timothy A. Rouse President, South Bend Common Council 4`i' Floor, County-City Building South Bend, IN 46601 Re: Ordinance Approving Repayment Schedule for Major Moves Fund Loan on Douglas Road Expansion Project Dear President Rouse: The sum of One Million Dollars ($1,000,000) was appropriated in 2007 through Ordinance No. 9801-07, clarified by Ordinance No. 9851-08. This appropriation was for the purpose of improving and expanding Douglas. Road west of its intersection of State Road 23 to the Mishawaka city limits. The enclosed ordinance approves a schedule for repayment of the Major Moves loan. At this time, we are in the process of revising a preliminary amortization schedule. However, due to the filing deadline, the final version of the amortization schedule cannot be attached. Once we have finalized the terms of repayment, we will provide this to the Council as an exhibit to the ordinance, and a substitute version of the ordinance will be filed providing the missing information. _ I will present this ordinance to the Council at its Personnel and Finance Committee meeting and at its regular business meeting. Thank you for your consideration. el . Catherine Fanello Controller JANICE L. HAIL JOHN MURPHY ROBERT ALLEN DIRECTOR A$$TSrnNT CONTROLLER DIREC'T'OR HUMAN RESOURCES INFORMATIONTECHNOLOGY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN AMORTIZED REPAYMENT SCHEDULE OUT OF TAX INCREMENT FINANCE (TIF) FUNDS OF THE LOAN FROM MAJOR MOVES FUND (#412) FOR THE DOUGLAS ROAD EXPANSION PROJECT STATEMENT OF PURPOSE AND INTENT - In 2007 the sum of One Million Dollars ($1,000,000) was appropriated through Ordinance No. 9801-07 for the purpose of improving and expanding Douglas Road just west of its intersection with State Road 23 to the Mishawaka City Limits (the "Project"). A corrective (Ordinance # 9851-08) was passed on June 23, 2008 to clarify that the appropriation was from Major Moves Fund (#412) and not from Motor Vehicle Highway Fund (#202). The original appropriation provided that Tax Incremental Financing (TIF) revenues from the Douglas Road Project TIF Area would be sufficient to repay the City for its loan from Major Moves Fund (#412). This Ordinance approves the repayment of the Major Moves appropriation. Semi-annual payments of Dollars ($~ will commence on with the final payment due NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The repayment of the Major Moves appropriation is hereby approved. This Schedule provides for repayment of the loan of One Million Dollars ($1,000,000) for the Douglas Road Project out of TIF Project revenues at percent (%) interest. Semi- annual payments of Dollars ($_~ will commence on with the final payment due 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. I ~ h--~~~,1~. ~~-~ 0~° Attest: Member of the Common Council City Clerk ~, ~_: - ~ _ ...., _ ~. - ~ -. .3u - 'v eo.•~i~s ' "a Presented by me to the Mayor of the City of South Bend, Indiana, on the 200_, at o'clock ! . m. day of City Clerk Approved and signed by me on the o'clock . m. day of 200`, at Mayor, City of South Bend, Indiana T s§ R~~D4~S~ ~2-~-~g PU~t!C r~E~'~Ri~G. 3 ~ ci ~`st~,~ i~ nG i`vC,1~~ r~.i''t~~i,Oti~ED PASScD DEC - 3 2QD8 JQE~FJ VQR}~~E ~'.~~~~ l~a~ o`~~~~, 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 3511 - 3615 Voorde Drive AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Fortis Plastics, LLC Wl-IEREAS, 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 3511 - 3615 Voorde Drive, South Bend, Indiana, and which is more particularly described as follows: Land Situated in the State of Indiana, County of St, Joseph, City of South Bend. PARCEL I: A portion of the East'/: of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, and a part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the Southeast '/4 Section 33, thence South 0 degrees, 07 minutes, 29 seconds West, along and with the East line of said Southeast Quarter of Section 33, a distance of 815.52 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 1,348.23 feet to the intersection of the Northerly Right-of--Way line of Voorde Drive and the Westerly Right-of--Way line of proposed Progress Drive, said point being the point of beginning; thence North 0 degrees 19 minutes 51 seconds East, along and with the said Westerly Right-of--Way line of proposed Progress Drive, a distance of 455.00 feet; thence North 89 degrees 40 minutes 09 seconds.West, along a line parallel with the Northerly Right-of--Way line of Voorde Drive, a distance of 250.00 feet; thence South 0 degrees 19 minutes 51 seconds West, a distance of 455.00 feet to a point on the Northerly Right-of--Way line of Voorde Drive; thence South 89 degrees 40 minutes 09 seconds East, along and with the Northerly Right-of--Way line of Voorde Drive, a distance of 250.00 feet to the place of beginning. PARCEL II: A portion of the Southeast'/a of Section 33, Township 38 North, Range Z East of the Second Principal Meridian, in and part of the City of South ,Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees Ol minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet to the point of beginning; thence North 0 degrees 18 minutes Slseconds East, a distance of 455.00 feet; thence South 89 degrees 40 minutes 09 seconds East, a distance of 302.21 feet; thence South O1 degrees 18 minutes 51 seconds West, a distance of 455.00 feet to the North line of said Voorde Drive; thence North 89 degrees 40 minutes 09 seconds West, a distance of 302.21 feet to the place beginning. EXCEPTING THEREFROM the following described real estate: A portion of the Southeast'/4 of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees Ol minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 217.02 feet, along the West property line of Norman F. Ernsberger and Lavern D. Jessup, a General Partnership; thence South 89 degrees 40 minutes 09 seconds East, a distance of 30.24.feet to the Northwest corner of a existing building, said Northwest corner being the point of beginning for this description; thence continuing South 89 degrees 40 minutes 09 seconds East, along the North wall of said existing building, a distance of 161.00 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 134.28 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 161.00 feet; thence South 0 degrees 18 minutes 51 seconds West, a distance of 134.28 feet to the point of beginning. PARCEL III: A portion of the Southeast '/4 of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees Ol minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 217.02 feet, along the West property line of Norman F. Ernsberger and Lavern D. Jessup, a General Partnership; thence South 89 degrees 40 minutes 09 seconds East, a distance of 30.24 feet to the Northwest 2 corner of a existing building, said Northwest corner being the point of beginning for this description; thence continuing South 89 degrees 40 minutes 09 seconds East, along the North wall of said existing building, a distance of 161.00 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 134.28 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 161.00 feet; thence South 0 degrees 18 minutes 51 seconds West, a distance of 134.28 feet to the point of beginning . and which has Tax Key Numbers New Parcel 71-03-33-401-006.000-026 (Parcel I), New Parcel 71-03-33-401-007.000-026 (Parcel II) and New Parcel 71-03-33-401-008.000-026 (Parcel III) presently, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et s_eq., and; WHEREAS, the Department of Community and Economic Development 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 seg., 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 and Economic Development 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 seq., 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 3 r 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- l . l -12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. 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. l~~~- ~ ~ Member of the Common Council ia': ~~- r'~ :.. ~,.,..~ r,-;; ,~;~- ~ ~. „.~ ..._ 4' • _ ~~~' ~4tc~ ~n ~terk'~ ®~~~ce ~ EG 2 g 2008 ,;o,~ra cp~B ~t~lp, fN. c~~ cc.cr:~c, .- =.~.~Ja'~, ~. 4 ~ 4 1200 COUNTY-CITY BUILDING 227 W. ~EFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY December 18, 2008 EXECUTIVE DIRECTOR Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: Fortis Plastics, LLC Dear Council Member Dieter: Please f nd attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of new and used equipment as part of the company's planned renovation of a facility to manufacture of plastic components used in a variety of industrial and consumer applications. The facility is owned by AIC Ventures and will be leased to Fortis Plastics. The facility is located at 3615 Voorde Drive and it has been vacant over one year. Any used equipment acquired would come from outside the State of Indiana. The report contains the Department's findings relative to the above petition. The total cost for the equipment is estimated at $2,218,900. The project meets the qualifications fora (5) five-year personal property tax abatement and a representative from Fortis Plastics will be available to meet with the Committee on Monday, January 12, 2009. 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 235-5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT PAMELA C. MEYER 5741235-9660 FAx: 574/235-9697 ECONOMIC DEVELOPMENT DONALD E. INKS 574/235-9371 FINANCIAL SC PROGRAM MANAGEMENT ELIZABETH LEONARD 5741235-9371 120() C,OL)NTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: FORTIS PLASTICS, LLC DATE: December 18, 2008 On December 16, 2008, a petition for personal property tax abatement consideration for property located at 3615 Voorde Drive was filed with the City Clerk by Fortis Plastic, LLC. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development 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 and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY Fortis Plastics and AIC Ventures are proposing to renovate and equip an approximate 92,250 square foot building for the manufacture of plastic components used in a variety of industrial and consumer applications. The building has been vacant over one year. It is owned by AIC Ventures and will be leased to Fortis Plastics. Fortis uses both injection molding and extrusion production systems to produce its plastic products. The company is weighing the consolidation of its existing Elkhart operations to South Bend or to Henderson, Kentucky. The South Bend site requires renovation of the building and installation of equipment. The equipment to be purchased includes new and used plastic injection mold machines and extruders, computers, IT infrastructure and servers. The used equipment would be acquired from outside the State of Indiana. The total cost of the equipment is estimated to be $2,218,900. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SL PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235-9660 574!235-9371 ELIZABETH LEONARD Fax: 5741235-9697 574!235-9371 South Bend Redevelopment Commission RE: Tax Abatement for Fortis Plastics, LLC December 18, 2008 Page 2 The building renovation includes the installation of docks, office build out/remodeling, new sprinkler system installation, electrical upgrades, HVAC improvements and reception area build out. Areal property tax abatement application is being submitted as part of the total project. Total taxes to be abated during the (5) five-year abatement period are estimated at $86,698. Total taxes to be paid during the (5) five-year abatement period are estimated at $70,013. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create twenty (20) new, permanent, full-time jobs within the first year of the project representing a new annual payroll of approximately $1,620,000. The project will retain one hundred twenty-six (126) existing permanent, full-time jobs (of which 21 are minority employees) with an annual payroll of $3,925,900. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has not been granted or associated with any previous tax abatements. However, it has applied for afive-year real property tax abatement along with this application. 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 Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for personal property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications fora (5) five-year personal property tax abatement under section 2-84.2, Tangible Personal Property Tax Abatement. 5 YEAR South Bend Portage Township Personal Property Tax Abatement Schedule* Fortis Plastics, LLC Tax Key Number Current Assessed Value: Estimated Project Cost: 0 0 0 0 10,690 0 16,035 0 18,326 0 18,326 0 0 0 10,690 16,035 18,326 18,326 40% 56% 42% 32% 24% Current 100% 80% 60% 40% 20% Assessed Vaiue: AV & Tax Year 1 Year 2 Year 3 Year 4 Year 5 Current Assessed Value 100% 0 0 0 0 0 0 Base Assessed Value 887,560 1,242,584 931,938 710,048 532,536 Less Abatement Deduction (887 560) (994 067) (559,163) (284,019) (106,507) Net Assessed Value 0 0 248,517 372,775 426,029 426,029 Property Taxes: Assume constant tax rate of 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap 22-Dec-08 71-03-401-006.000-026 0 2,218,900 0 26,627 26,627 26,627 26,627 26,627 0 0 1,361 2,042 2,333 2,333 26,627 3.0000% 0.5477% New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 0 31,488 31,488 31,488 0 2 0 33,432 33,432 22,742 10,690 3 0 31,731 31,731 15,696 16,035 4 0 30,516 30,516 12,190 18,326 5 0 29,543 29,543 4,581 24,962 Totals 0 156,711 156,711 86,698 70,013 'This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. ~" ~ STATEMENT OF BENEFITS a ~ "' ,,r PERSONAL PROPERTY •y ~ ~ `p Slate Form 51764 (R! 1-06) ' Prescribed by the Department of Local Government Finance INSTRtIC710NS: FORM SB-1 1 PP PRNACY NOTICE The cost and any specific individuals salary information Is conriden4al; the balance of the filingg is public record erlC 6-1.1-12.1-S.t c and d . 1. This statement must be submitted to the body designating the Economic RevitaJlzation Area prior to the public hearing if the designating body requires information from the applicant in making !ts declslon about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the deslgnaling body BEFORE a person lnsta!!s the new manufacturing equtpment and/or research and development equipment, and/or togtsticat distribution oqulpment and/or lnfonnatlon tochnology equtpment for which the person wkhes to claim a deduction. Projects° planned or committed to aRer July 1, 1987, and areas designated aRerJuly 1, 1987, require a STATEMENT OF BENEFITS. (/C ti-i. f-12. i) ' 2. Approval of the designating body (CRy Council, Town Board, County Council, etc.) must be obtained error fo installation of the new manufacturing equipment and/orresearch and development equipment and/or logistical distribution equipment and/or information technology equtpment, BEFORE a deduction may be approved 3. To obtain a deduction, a person must file a certrf/ed deduction schedule with the person's personal property return on a ceriifred deduction schedule (Form 103-ERA) with the township assessor of the township where the property is situated. The 103-ERA must be fled between March i and May 15 of the assessment year In which new manufacturing equtpment and/or research and development equtpment and/or logistical distributton equtpment and/or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must fife the form between March 1 and the extended due date of that yeas 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must su6mtt Form CF-1 / PP annually to show compliance wtth the Statement of Benefits. (lC 6-1.1-i2. J-5.6) 5. The schedules established underlC 6-1.i-i2.1-4.5(d) and {e) apply to equipment installed after March 1, 2001. For equtpment installed prior to March 2, 2001, die schedules and statutes in eNect at the (Ime shaft con6'nue to apply. (IC6-1.1-12,1-4.5(f) and (g)) • •• • Name of taxpayer Fortis Plastics, LLC. Address of taxpayer (ntxnner and street, city, stare, and ZfP case) 2965 LaVanture Place, Elkhart, {N 46514 Name of contact person Telephone number Lisa Makowski, Corporate Treasures (574) 970-6477 Name of designating body Resolutbn number (s) Cit of South Bend Location of proporty County DLGF taxing disU'tcl number 3615 Voorde Dr, South Bend, IN st. Joseph 026 Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical dlStfitKltlOn equtpment and/or InfoRnatlOn technology equipment. START DATE COMPLETION DATE (use additional sheets if necessary) Plastic injection mold machines and extruders. ManufacturingEqu;pmer,t otiotj2oos 06/01/2010 Computers, IT infrastructure and servers for R & D Equipment Headquarters OperatlOnS. Logtst Dist Equipment IT Equipment 02/01/2009 06/01!2010 •.•. •. Current number Salaries Number retained Salaries Number additional Salaries 126 3,925,900.00 126 3,925,900.00 20 1,620,000.00 NOTE: Pursuant to IC6-1.1-12.1-5.1 (d) (2) the MANUFACTURING R & D EQUIPMENT LOGIST DIST IT EQUIPMENT E UIPMENT E UtPMENT COST of the property is confidential. COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE Current values Plus estimated values of proposed project 2,170,900.00 48,000.OD Less values of any property being replaced 0.00 0.00 Net estimated values upon completion of project 2,170,900.00 48,000.00 Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefAs: Rehabilitation of vacant facility, new and used equipment installation, new production and Headquarters operations hereby certify that the representations in this statement are true, Signature of euth ed reprgg~~rOlativ - Tdle Date signed {month, day, yeah ~1V ULi Corporate Treasurer 12/16/2008 We have reviewed our prior actions relating to the designation of this economic revitalization Brea and 8nd that lha applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1-2.5, provides for iha following limitations as authorized under IC 6-1.1-12.1-2. A .The designated area has Veen limited to a period of time not to exceed calendar years' (see below). The date this designation expires is B .The type of deduction that is allowed in the designated area is Vimlled to: 1. Installation of new manufacturing equipment; ^Yes ^ N o 2. Installation of new research and development equipment; ^Yes ^ N o 3. Installation of new logistical distribution equipment. ^Yes ^ N o 4. Inutallation of new information technology equipment; ^Yes ~ N o C. The amount of deducilon applicable to new manufacturing equipment is limited to $ cost with an assessed value of D. The amount of deduction applicable to new research and development equipment is limited to $ ____ __ cost with an assessed value of $ ____________ ___. E .The amount of deducilon applicable to new logistical distribution equipment is limited to 3 cost with an assessed value of F. The amount of deduction appllcabe to new Information technology equipment is limited to $ cost with an assessed value of G. Other limitations or condit'ans (speciy) H. The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000, is allowed for: ^ 1 year ^6 years "For ERlis established prior to July 1, 2000, only a ^2 years ^7 years 5 or 10 year schedule may be deducted. ^3years ^8years ^4 years ^9 years ^5years" []10yeers" Also we have reviewed the Information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. ,pproved: (signarure and Utle oI authorized member) Telephone numtx>r Dato slgnad (month, day, year) Attested by: Designated body • If the designating body limits the time period during which an area Is an economic revitalization area, It does not Ilmit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-0.5 CITY OF SOL-TH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new. manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for persona! property (new manufacturing equipment) tax abatement consideration and pursuant to I.C., 6-1.1-12.1, et seg•, and South Bend Municipal Code Section 2-84.2, et se .for this petition states the following: 1. Describe the proposed project, including information about the new manufacturing equipment personal property ("equipment") to be installed, the amount of {and to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. Fortis nlacti .a is an .xt ~d .r of placti . romnon .ntc is .d in a vari .t; of ind ~ctrial and .ons ~m .r applications. The company is weighing the consolidation its existing Elkhart operations to South Bend, IN or Henderson, KY. The South Bend facility would require building rehabilitation and improvements in the 2. The project will create ~a _ new, permanent jobs within the first year, representing a new annual payroll of $ /,610 <<G _ and will maintain ~~,G existing permanent full-time and o existing part-time jobs representing an annual payroll of $~,~~f,.v~.v .The projected annual salaries for each new position created are estimated to be as follows: 97 -Direct Labor @ $29,300; 2q -Salaried @ $51,000; 20 Headquarters @_ $81,000 (average) 3. Estimate the total cost of the Equipment:_ 2,170,900 ~ ~~ ~r~ : z, z ~~,~ ~4 4.-(a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly' held, indicate also the - name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST Fortis Plastics LLC 2965 LaVanture Place, Elkhart, IN 46514 (Revised 8/2/02) (b)The following other persons lease, intend to lease, or have an option to buy this Equipment (include corporate information as required in (4)(a) above, if . applicable): NAiVIE ADDRESS INTEREST 5. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: PlaStjc Inier•.tic~n Molded Products Manufacturirtg b. The commonly known address of the property where the Equipment is to be located is: 3511-3615 Voorde Drive, South Bend, Indiana 7. ~ The Key Number of said property is: 7t-03-3301-006.000-026 8. Attach the legal description of the property where the equipment is to be located, marked "Exhibit A," and is hereby incorporated herein. 9.. Attach a map and/or plat describing the property where the equipment is to be located, marked "Exhibit B," and is hereby incorporated herein. 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked "Exhibit C," and hereby incorporated herein. 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is $ o (This information may be obtained from the St. Joseph County Assessors office 235-9523) 12. The current use of the real property where the Equipment is to be installed is Vacant Industrial Building and the current zoning is Light Inc (use) and 85 (height and area). (This information may be obtained from the Building Department 235-9553) (Revised 8/2i0Z) 2 13. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL. PROPERTY TAXES PERSONAL PROPERTY TAXES 2004 92571 2005 58310 91143 2006 61369 105670 2007 59517 102303 (This information may be obtained from the St. Joseph County Treasurers office 235-9531) 14. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part-time and whether permanent or temporary employees. The Petitioner shall also list the current number of total employees (full and part-time) and the current number of minority individuals (full and part-time). Number of minorities employed in the past three years: 2006 = 106; 2007 = 71; and 2008 = 47 Current number of minority e~~loyees =21 15. Describe on-site child care or day care facilities, services or benefits. currently offered or proposed to be offered by the Petitioner for children of employees. n/a 16. What is your best estimate of the market value of the new Equipment after installation? $ 2.000,000 17. What is your best-estimate of the amount of taxes to be abated during each of the five years after installation? $ 30,000 18. What is the commitment your firm will make to minority employment during the five years of tax abatement? COmoanV has an established EEO ~olicv which expresses our commitment to provide all associates and applicants equal opportunities, without regards to race, color, religion, sex, na Iona ongm, age, isa i i y or ve eran a rr y as approxima e y (Revised 8/2102) 3 19. The Equipment has not been installed as of the date of filing of this petition. (The signature at the end of this Petition is verification of this statement) 20. The standard Industrial Classification Manual major group within which the proposed project would be classified, by number and description: 3082 SlC 32612 NAICS 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 4231000 Motor Vehicle Parts & Supplies; 423990 other Misc Durable Goods 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: Airport 23. Other anticipated public financing for the project including, if any, industrial revenue-bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. n/a 24. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: Building currently vacant 25. The new manufacturing equipment wilt be used in the direct production, manufacture, fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible personal property and that the equipment was never before used by its owner for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. (Revised 812i0?) 4 i•~snri,i ,. t • tif~itltl:L'iitxi~tttttttttti•~:tti. . 7tliiii~tr~~~tt[~i.•~Ziit~ ~ :~ 7062772 CROWECHQEK 05:16:OSp.m. 12-+5-2009 6l6 26. 'The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name' LlsaMakowaki Address' 2ss5 Lavamure Place City, State, Zip Code: Egchan, IN 46514 Telephone: ts7a}a7aaan WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verities that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Nance of Property Owner(s): FoAfs Plsatica LLC (Lessee} Ry: ( +gned Name) Lisa M9kawsld (Typed or printed name and capacity of signor tf sigAed by ao agent or representative of the o+vner) (Revised 8/11021 Record Description The land referred to herein below in the County of St. Joseph, State of Indiana, and is described as follows: Lead Situated in the State of Indiana, County of St, Joseph, City of South Bend. PARCEL I: A portion of the East 'h of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, and a part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the Southeast '/ Section 33, thence South 0 degrees, 07 minutes, 29 seconds West, along and with the East line of said Southeast Quarter of Section 33, a distance of 815.52 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 1,348.23 feet to the intersection of the Northerly Right- of-Way line of Voorde Drive and the Westerly Right-of--Way line of proposed Progress Drive, said point being the point of beginning; thence North 0 degrees 19 minutes 51 seconds East, along and with the said Westerly Right-of--Way line of proposed Progress Drive, a distance of 455.00 feet; thence North 89 degrees 40 minutes 09 seconds West, along a line parallel with the Northerly Right-of--Way line of Voorde Drive, a distance of 250.00 feet; thence South 0 degrees 19 minutes 51 seconds West, a distance of 455.00 feet to a point on the Northerly Right-of--Way line of Voorde Drive; thence South 89 degrees 40 minutes 09 seconds East, along and with the Northerly Right-of--Way line of Voode Drive, a distance of 250.00 feet to the place of beginning. PARCEL II: A portion of the Southeast '/ of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees O1 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet to the point of beginning; thence North 0 degrees 18 minutes 51 seconds East, a distance of 455.00 feet; thence South 89 degrees 40 minutes 09 seconds East, a distance of 302.21 feet; thence South O1 degrees 18 minutes 51 seconds West, a distance of 455.00 feet to the North line of said Voorde Drive; thence North 89 degrees 40 minutes 09 seconds West, a distance of 302.21 feet to the place beginning. EXCEPTING THEREFROM the following described real estate: A portion of the Southeast '/ of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees O1 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 217.02 feet, along the West property line of Norman F. Ernsberger and Lavern D. Jessup, a General Partnership; thence South 89 degrees 40 minutes 09 seconds East, a distance of 30.24 feet to the Northwest corner of a existing building, said Northwest corner being the point of beginning for this description; thence continuing South 89 degrees 40 minutes 09 seconds East, along the North wall of said existing building, a distance of 161.00 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 134.28 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 161.00 feet; thence South 0 degrees 18 minutes 51 seconds West, a distance of 134.28 feet to the point of beginning. PARCEL III: A portion of the Southeast'/ of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees O1 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 217.02 feet, along the West property line of Norman F. Ernsberger and Lavern D. Jessup, a General Partnership; thence South 89 degrees 40 minutes 09 seconds East, a distance of 30.24 feet to the Northwest corner of a existing building, said Northwest corner being the point of beginning for this description; thence continuing South 89 degrees 40 minutes 09 seconds East, along the North wall of said existing building, a distance of 161.00 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 134.28 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 161.00 feet; thence South 0 degrees 18 minutes 51 seconds West, a distance of 134.28 feet to the point of beginning. Tax Identification Number(s): Parcel I: 018-2184-693816 New Parcel #71-03-33-401-006.000-026 Parcel II: 018-2184-693805 New Parcel #71-03-33-401-007.000-026 Parcel III: 018-2184-693817 New Parcel #71-03-33-401-008.000-026 Street Address: 3511 - 3615 W. 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XOeDr.M, Opr Seer 1 .l f EXHIBIT B Fortis Plastics Print Page Page 1 of 1 City of South Bend Online GIS __ .. `~,_ Drogrtss __!_ Mo grus ~ ' `. _.. ~i -. -._~_. .. it - -^ -~ •'I 1 .x --- ~ - --i; ~ --~i .. yeade- . _.._. __. ~i _ K70fd1 PiirJr -- i I ._ - -___ _.. _ 1 Lam..- _ _ _- _ - - __ _ ._ ~ _ .~ i - -~ --'I i ~' ~ _~ _ i ~ _. i Map provided by The City of South Bend GIS • 7007 ~ __ __~ ; ~~- -- Property 18-2184-693816 3615 Voorde Dr Owner Capitol Technologies Inc South Bend IN 46628 The City of South Bend Bureau of GIS Online Mapping .,ateo ~s - ~4 i Y Y • r4~ ?~~ http://southbend.in.schneidercrorD.com/gis/prinU4l .asp?DETAIL=YES&PIN=] 8-2184-69... 10122!2008 EXHIBIT C Fortis Plastics EXHIBIT C Fortis Plastics - v _ +~ ~~- - ~~.~ y.'~,-,mss _K~v+ ~". _ "L.y .. : r 3 R J ~ t ~~ : ~ ~ ~~ ~ ~ r I r 1. ' ~ ~ ,~^~' ~.ur ,~ .r ti ~ ._ ~ ~ N ~ `,~ • , ,, p F rMy{~.31^(_y'F,~b ~d~T~ 1 ~,~ ~., A~.y pda 1 ~ EXHIBIT D Estimated Investment Projections Fortis Plastics r,.~______ ________~.__.__~__.. ._._~..___~.~~~.....___~.___..__._,___.r_~_..___._~_..._____.___ New Equipment List & Installation Estimates 2009 New Chiller & Powder Twin Screw Extruder $ 350,000.00 New Silos $ 175,000.00 201(1 New Powder Twin Screw Extruders; $ 260,000.00 Rebuilds and repairs $ 375,000.00 New Extruders/Downstream Equipment $ 260,000.00 2011 New Extruders/Downstream Equipment $ 750,000.00 Silos $2,170,000.00 Building Improvements Estimates 2009 Modifications/Improvements $ 60,000.00 Offices Buildout/remodeling for HQ $ 50,000.00 Lobby Reception area buildout $ 5,000.00 Electrical/ Wiring Offices $ 8,000.00 Sprinkler System $ 145,000.00 Loading Docks/Bays new doors, concrete $ 310,000.00 and mechanical work Electrical work building and equipment $ 612,000.00 connections Mechanical -air/water piping, hvac $ 87,000.00 $1,277,000.00 Job Classification Projected Retained Headcount Average Annual Wages Hourl Positions 131 29,000 Salaried Positions 33 59,000 Head uarters Positions 20 81,000 Totals 184 Employment Hourly Positons Salaried Positions Total Employment Potential Jobs Production Manufacturing Headquarters/Back Office TOTALS Manufacturing and Headquarters 2009 2010 2011 2012 2013 Total 97 104 112 1.21 l31 131 29 31 32 33 33 33 126 135 144 154 164 164 126 135 144 154 164 164 20 0 0 0 0 20 146. 135 144 154 164 184 'r'~"~~~ N~- 0~-~3 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 3511 - 3615 Voorde Drive AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR REAL PROPERTY TAX ABATEMENT FOR AIC Ventures (Fortis Plastics, LLC -Lessee) WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3511 - 3615 Voorde Drive, South Bend, Indiana, and which is more particularly described as follows: Land Situated in the State of Indiana, County of St, Joseph, City of South Bend. PARCEL I: A portion of the East '/Z of Section 33, Township 38 North, Range 2.East of the Second Principal Meridian, and a part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the Southeast '/4 Section 33, thence South 0 degrees, 07 minutes, 29 seconds West, along and with the East line of said Southeast Quarter of Section 33, a distance of 815.52 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 1,348.23 feet to the intersection of the Northerly Right-of--Way line of Voorde Drive and the Westerly Right-of--Way line of proposed Progress Drive, said point being the point of beginning; thence North 0 degrees 19 minutes 51 seconds East, along and with the said Westerly Right-of- Way line of proposed Progress Drive, a distance of 455.00 feet; thence North 89 degrees 40 minutes 09 seconds West, along a line parallel with the Northerly Right-of--Way line of Voorde Drive, a distance of 250.00 feet; thence South 0 degrees 19 minutes 51 seconds West, a distance of 455.00 feet to a point on the Northerly Right-of--Way line of Voorde Drive; thence South 89 degrees 40 minutes 09 seconds East, along and with the Northerly Right-of--Way line of Voorde Drive, a distance of 250.00 feet to the place of beginning. PARCEL II: A portion of the Southeast'/4 of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as .follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees O1 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet to the point of beginning; thence North 0 degrees 18 minutes Slseconds East, a distance of 455.00 feet; thence South 89 degrees 40 minutes 09 seconds East, a distance of 302.21 feet; thence South O1 degrees 18 minutes 51 seconds West, a distance of 455.00 feet to the North line of said Voorde Drive; thence North 89 degrees 40 minutes 09 seconds West, a distance of 302.21 feet to the place beginning. EXCEPTING THEREFROM the following described real estate: A portion of the Southeast'/4 of 5ectian 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees O1 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 217.02 feet, along the West property line of Norman F. Ernsberger and Lavern D. Jessup, a General Partnership; thence South 89 degrees 40 minutes 09 seconds East, a distance of 30.24 feet to the Northwest corner of a existing building, said Northwest corner being the point of beginning for this description; thence continuing South 89 degrees 40 minutes 09 seconds East, along the North wall of said existing building, a distance of 161.00 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 134.28 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 161.00 feet; thence South 0 degrees 18 minutes 51 seconds West, a distance of 134.28 feet to the point of beginning. PARCEL III: A portion of the Southeast '/4 of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees Ol minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 217.02 feet, along the West property line of Norman F. Ernsberger and Lavern D. Jessup, a General Partnership; thence South 89 degrees 40 minutes 09 seconds East, a distance of 30.24 feet to the Northwest corner of a existing building, said Northwest corner being the point of beginning for this description; thence continuing South 89 degrees 40 minutes 09 seconds East, along the North wall of said existing building, a distance of 161.00 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 134.28 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 161.00 feet; thence South 0 degrees 18 minutes 51 seconds West, a distance of 134.28 feet to the point of beginning. and which has Key Numbers New Parcel 71-03-33-401-006.000-026 (Parcel I), New Parce171-03-33-401-007.000-026 (Parcel II) and New Parce171-03-33-401-008.000-026 (Parcel III) presently at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et se ., and; WHEREAS, the Department of Community and Economic Development 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 sew., 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 and Economic Development 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 sec ., for talc 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 fords that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, 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 and Economic Development 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 five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Co cil Pt:ESE~TETa l -- tt- ~ ~'OT A~t~~,G~1~1.? ~`ilc~ !~ ~ierk'S Off6ce DEC 2 9 2008 dOHt~ VOORDtc CITY CLERK, B0. BEfVD, iN. AQ©FTE~ , 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE574l235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY SL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY December 18, 2008 EXECUTIVE DIRECTOR Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: AIC VenturesiFortis Plastics, LLC Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition for the above-referenced petitioners for the renovation of a manufacturing facility that has been vacant over one year. The facility is located at 3615 Voorde Drive. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The petitioners, AIC Ventures/Fortis Plastics, LLC propose to renovate and equip an approximate 92,250 square building for the manufacture of plastic components used in a variety of industrial and consumer applications. AIC Ventures owns the building and Fortis Plastics would lease it from that organization for their manufacturing operation. The petitioners are seeking afive-year real property tax abatement, and a representative of the petitioners will be available to meet with the Committee on Monday, January 12, 2009. 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 235-5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney T~___ T._1-_ COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINA IA N C L HC PROGRAM PAMELA C. MEYER DONALD E. INKS , , • - MANAGEMENT 5741235-9660 574/235-9371 ELIZABETH LEONARD FAx: 574/235-9697 5741235-9371 1200 ~',oUN'IY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF BOLTER BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: FROM: SOUTH BEND COMMON COUNCIL BOB MATHIA SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: AIC VENTURES/FORTIS PLASTICS, LLC DATE: December 18, 2008 On December 16, 2008, a petition for real property tax abatement consideration for property located at 3615 Voorde Drive was filed with the City Clerk by Fortis Plastics, LLC in the name of its proposed landlord, AIC Ventures. Pursuant to Chapter 2, Article 6, Section 2-82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development 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 and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY AIC Ventures/Fortis Plastics, LLC are proposing to renovate and equip an approximate 92,250 square foot building for the manufacture of plastic components used in a variety of industrial and consumer applications. The building has been vacant over one year. AIC Ventures owns the building and Fortis Plastics would lease it from that organization for their manufacturing operation. Fortis Plastics uses both injection molding and extrusion production systems to produce its plastic products. The company is weighing the consolidation of its existing Elkhart operations to South Bend or to Henderson, Kentucky. The South Bend site requires renovation of the building and installation of equipment. The renovation includes the installation of docks, office build out/remodeling, new sprinkler system installation, electrical upgrades, HVAC improvements and reception area build out. The total cost of the renovation is estimated at $1,277,000. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SC PROGRAM PAMELA C. MEYEA DONALD E. INKS MANAGEMENT . 574!235-9660 574/235-9371 ELtzneerH LeoNnw FAx: 574/235-9697 574/235-9371 South Bend Redevelopment Commission RE: Tax Abatement for AIC Ventures/Fortis Plastics, LLC December 18, 2008 Page 2 The equipment to be purchased includes new and used plastic injection mold machines and extruders, computers, IT infrastructure and servers. The used equipment would be acquired from outside the State of Indiana. A personal property tax abatement application is being submitted as part of the total project. Total taxes to be abated during a (5) five-year abatement period are estimated at $59,419. Total taxes to be paid during the five-year abatement period are estimated at $381,463. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create twenty (20) new, permanent, full-time jobs within the first year of the project representing a new annual payroll of approximately $1,620,000. The project will retain one hundred twenty-six (126) existing permanent, full-time jobs (of which 21 are minority employees) with an annual payroll of $3,925,900. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been granted or associated with any previous tax abatements. However, it has applied for afive-year personal property tax abatement along with this application. 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 Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax abatement must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner does meet the qualifications for afive-year (5) real property tax abatement under Section 2-82, Industrial . Development, City-wide General Standards. 18-Dec-08 Fortis Plastics, LLC Public Benefit Points Summary" Qualify Earned Available Public B enefit Item: Y or N Points Points Project Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub-total Project Related: 0 120 2. Super Size Proiects (point values are cumulative): A. 100% to 199% Y 25 25 B. 200% to 299% Y 68 68 C. 300% to 399% Y 65 65 D. 400% and Over Y 52 52 Sub-total Super Size Projects: 210 210 3. Construction Related: A. Employ Local Companies N 0 20 B. Purchase Materials from Local Companies N 0 20 C. Require Employees vs. Independent Contracts N 0 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan N 0 20 Sub-total Construction Related: 0 141 4. Wage 8~ Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits N 0 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub-total Wage & Benefit Related: 95 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan N 0 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 83 152 6. Pav for Municipal Infrastructure: (point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26-50% of Extension Cost N 0 26 C. Pay for 51-75% of Extension Cost N 0 39 D. Pay for 76-100% of Extension Cost N 0 52 Sub-total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 388 1000 Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Fortis Plastics, LLC Additional Years of Abatement Multi-family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 388 Base Years of Abatement Additional Years of Abatement: Total Years of Abatement: 5 5 YEAR Fortis Plastics, LLC South Bend Portage Township Real Property Tax Abatement Schedule'' Tax Key Number Current Assessed Value: Estimated Project Cost: 71-03-33-401-006.000-026 1,400,000 1,277,000 16-Dec-08 Current Without 100% 80% 60% 40% 20% Assessed Value: AV & Tax Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Current Assessed Value 100% 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 Base Assessed Value 85% 1,085,450 1,085,450 1,085,450 1,085,450 1,085,450 1,085,450 Less Abatement Deduction 0 (1 085 450) (868 360) (651 270) {434,180) (217,090) Net Assessed Value 1,400,000 2,485,450 1,400,000 1,617,090 1,834,180 2,051,270 2,268,360 Property Taxes: Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 4.3015% 60,221 106,912 60,221 69,559 78,897 88,235 97,574 (10 553) (18 735) 0 0 0 (2,437) (10,586) dQ F,RR A8.176 60.221 69,559 78,897 85,798 86,987 3.0000% 42,000 74,564 74,564 74,564 74,564 74,564 74,564 0.5477% 7,668 13,613 7,668 8,857 10,046 11,235 12,424 .,. ,.moo 00 , ~~ n~ ~z~ A~ a~n 84.609 85.798 86,987 New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 49,668 38,509 88,176 27,955 60,221 2 49,668 38,509 88,176 18,617 69,559 3 49,668 38,509 88,176 9,279 78,897 4 49,668 38,509 88,176 2,378 85,798 5 49,668 38,509 88,176 1,189 86,987 Totals 248,339 192,543 440,882 59,419 381,463 'This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. -• 0. STATEMENT OF BENEFITS IF REAL ESTATE IMPROVEMENTS Y State Form 51767 (R2 / 1.07) °' ~~ Prescribed by the Department of Local Govamment Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): ^/ Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-4) ^ Eligible vacant building (IC 6-1.1-12,1-b.8) 2009 PAY201U FORM SB-1 /Real Property 1NSTRUCT/ONS: i. 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 !n makinglts decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of rest property for which the person wishes fo claim a deduction. °Projects" planned or committed to after July 1, 1987, and areas designated aRer July t, 1987, require a STATEMENT OF BENEFITS. (IC 5-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must ba obtained prior to initiation of rho redevelopment or rehabi!Aalion, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERANBD, Whichever is applicable, must be filed with the County Audilor by the later of (1) May i0; or (2) thirty (30) days after the notice of eddilion to assessed valuation or new assessment Is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, i99i, must attach a Fom7 CF-1/Real Property annually to the application to show compliance with the Statement of Benefits. jIC 8-i.1-12, i-5.1(b) and IC 6-1. t-i2.f-5.3Q)) 5. The schedules established under IC 8-1.1-i2.1-4(d) far rehabilitated property and underlC 61.1-i2. f-4.8(i) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. 7'he schedules effective prior to July i, 2000, shag continue to apply to a statement of benefits (fled before July i, 2000. • •- • Name of taxpayer Fortis Plastics, LLC Address of taxpayer (number and street, city, state, and Z!P code} 2965 LaVanture Place Elkhart, IN 46514 Name of conies person Telephone number E-mail address Lisa Makowski (574) 970-6477 Iisa.makowskiCo3atlantisDlas Name of designating body Resolution number City of South Bend Locatbn of property County DLGF taxing district number 3615 Voorde Dr St. Joseph 026 Descdpifon of real property Improvements, redevelopment, or rehabilitation (use addiliona! sheets it necessary) Estimated Stan dale (month, day, year) Building rehabilitation, repairs and improvements, new IT infrastructure. 02/01/2009 Estimated completion date (month, day, year) 06/01 /2010 Current number Salaries Number retained Saiar',as Number addNional Salaries 126 $3 925 900 126 $3,925,900 20 $i ,620,000 NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values 1,484,400.00 1,484.400.00 Plus est~rtated values of proposed project 1.277.000.00 Lass values of any property being replaced 0.00 Net estimated values uQon completion of project 2.761.400.00 ~ ~ . - . ~ EsGrnaled solid waste converted (pounds) Estimated hazardous vraste converted (pounds} Other bene0is Rehabilitiation & reuse of building that has been vacant for over one year for new production operation and headquarters • I hereby certify that the representations in this statement are true. Signature of au dzed.representative Tillo Date signed (month, day, year) Corporate Treasurer 12/15/2008 Page 1 of 2 .- ~ :.. We have reviewed our prior actions relating to the designation of this Economic Revitalization Area end find that the applicant meets the general standards adopted in the resolul'an previously approved by this body. Said resolution, passed under IC 6-i.i-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is B. The type of deduction that is atiowed in the designated area is limited to: 1. Redevebpment or rehabilitation of real estate Improvements ^ Yes ^ No 2. Residentially distressed areas ^ Yes ^ No 3.Occupancy of a vacant building ^ Yes ^ No C. The amount of the deduction applicable is limited to $ D. Other limitatons or conditions (specify) E. The deduction Is allowed for years' (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of bene>Ils is sufficient to Justify the deduction described above. Approved (stgnarure and tNe of authorized mem6erofdesJgnatingbody) Telephone number Data signed (month, day, year) Attested by (s!g»etwe and title of attester) Designalod twdy ' If the designating body limits the time period during which an area Is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC fi-1.12-12.1-4. A. For residentiahy distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. if the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (fi), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real 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 seQ•• for this petition states the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: Fortis plastics is an extruder of plastic components used in a variety of industrial and consumer applications. The company is weighing the consolidation its existing Elkhart operations to South Bend, IN or Henderson, KY. The Souih Bend facility would require building rehabilitation and improvements in the estimated amount of $1212000. The company would lease the property (Triple net lease) for $291,000 annually. The project could result in the company locating its corporate headquarters in South Bend. Land Size s acres; Building Size 92,249 sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): Plastic Injection extruding and molding operations for the automotive, RV, and appliance industries. 3. Estimate the dollar value of the project (excluding land): $ 4,000,000 { (,~ ~ >;1 a its ~' ~n'~,! 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $ 1,aoo,ooo 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned (Re~~ 8; t 1'43) or to be owned by the following individuals or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): iYAME ADDRESS !NI'EREST(%) qIC Ventures 8080 N Central Expressway, Suite 1220 Dallas, TX 75206 (b) The following other person(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS QVT'EREST(%) Fortis Plastics, LLC 2965 LaVanture Place, Elkhart, IN 46514 fi. The commonly known address of the Property is: 3611-3615 Voorde Drive South Bend Indiana 7. The Key Number(s) of said property is: 71-03-33-401-006.000-026 8. A legal description of the above address is attached hereto, marked "Exhibit A," and incorporated herein. 9. A map and/or plat describing the Property is attached hereto, marked "Exhibit B," and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked "Exhibit C," and incorporated herein. ~, b 11. The redevelopment or rehabilitation project itself will create full-time and o part-time permanent jobs within the first year, representing a new annual payroll of $ ~~~'~°~~~~ - _ and will maintain ~z~ existing permanent full-time and ~ existing permanent part-time jobs including existing permanent full-time minority employment of z,r and existing permanent part- time minority employment of ~_ _ with an annual payroll of $ ~~4'7,5~~(rb 12. The projected annual salaries for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet): (Rev Si11~031 2 13. Provide current employment wage information including; base rate, cost-of- living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements (average hourly rate or range): Full-Time Part-Time .- Laborers $ "~ ~ $ $ Technical $ 18- ~ a $ Managerial $ ss, ~a $ . Administrative $ 15.4 $ 14. indicate whether your company provides the following benefits (use Y/N): / Health Care Benefits Pension Plan / Employer Provided Training (recognized or certified training/educational courses or programs) Day Care (provide or contribute to the cost of child day care for its employees} Transportation Assistance (provide direct or indicect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) Employer-Assisted Housing Program (provide an employer-assisted home ownership program} Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owneF: Year Real Property Taxes Personal Property Taxes f Rev 8~ l I %03) 3 2004 92,571 2005 58,310 91,143 2006 61,369 105,670 2007 59,517 102,303 (this information may be obtained from the St. Joseph County Treasurers office 235- 9531) 16. Please list the number of full-time and part-time minority employees for each of the last three years: Year Zoos 2007 Zoos Full Part Full Part Full Part B18ck 61 38 24 Hispanic 34 22 19 Asian 4 3 1 Indian 1 0 0 Other 6 s 3 17. Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: Company does not have an active affirmative action plan currently in place but does have an established EEO policy which expresses our commitment to provide all associates and applicants equal opportunities, without regards to race, color, religion, sex, national origin, age, disability or veteran status. Company currently has approximately 10% minority employeess and projects to have at least a 10% or higher percent of minority employees in South Bend 18. Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235-9335 for information on this section): Conversion to residential use of a commercial "Eligible Building" as designated by the Community & Economic Development Dept. Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department Pays for the cost of cleaning up a "Brownfield," which is any site, building facility or complex that has been designated a brownfield by the (Rev 8/l ll03- ~} Community and Economic Development Department. ~_ Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 19. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): not currently, but potentially in the future 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? not currently 21. Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed): To be determined 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this appllcatlOn). See Exhibit D -attached 23. Information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this appllCatlon). See Exhibit D -attached 24. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is (Rev 8;'11~03~ verification of this statement}. 25. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description: 3082 (SIC) 32612 (NAICS) 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 4231000 Motor Vehicle Parts & Supplies; 423990 other miscellaneous durable goods 27. The current use of the Property is Vacant Industrial Facility and the current zoning is Light industrial (use) and 85 tt (height and area). (This information may be obtained from the Building Department 235-9554). 28. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property) and date of approval. No 29. Other anticipated public financing for the project including, if any, industrial revenue-bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, inc{uding but not limited to public works improvements. N/A 30. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: (Rev R/l irO3) 6 ~:rr~sr .. ~ - ls~lQt'I:~~.~:l~yllli•;~'i. . . ~ a+rTtilI•~lt~.i~[~f•~l~lii' ~~ 7062772 CROWECHIZEK 04:15:45 p.m. 12-15-2008 19 r22 Name: use Matrorwkl Address: 2985 LaVaMWe Place Caty, State, ZIp:Elkhert.IN4ti5M Telephone: (574J 970$154 31. Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition if the real tax abatement is for warehouse or industrial developments. Name: Kim Yocum Address: 57800 CR 3 SotiM, City, State, Zip: Elkhart, IN 48517 Telephone: (574)970-8454 WHEREFORE, Petitioner requests that the Common Counc~ of the City of South fiend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifias that the required 5250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): qIC ventures (Fortis Ptasuq uc al.eacee) ey. ~~Mi~1.cJ~ ~r~s ~chsstcs~LU.. ( (geed Name} Use Makowakf, Carporata Treasrrer, Fortis Plsslir:+ (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.} lazes as not 22. Ii ~ following chart please indicate companies that were use br purchasing materials used in the construction or rehat ~tion associated with the project. Include the location of the company, description of the materials, and cost of the materials. Local companies include those located in St. Joseph County. Additional information may be requested for verification of this information. (If more space is needed, please photocopy this page) of Name and Address of Company Description of Materials Cost of Materials Grand Total Local Companies (see above): 1 SEE EXHIBIT C 0.00% 2, 0.00% 0.00% 4. o.oo°i° 6. o.oo°i° 7. o.oo°i° 8. o.oo°i° 9. o.oo°i° 10. o.oo°i° Total Local % Non-Local Companies: 1. o.oo°r° 2 o.oo°i° 3. o.oo°i° 4 o.oo°i° 5. o.oo°r° Total Non-Local % GRAND TOTAL % (Rev 12/29/06) 8 23. Iz ;following chart please list the companies that will be used the construction associated with the project. Indicate the r, ~ and address of each company; list the dollar amount of the work to be provided by each company; indicate whether or not 100% of the workers are employees of that company and not independent contractors; indicate whether or not the company pays workers wages that meet the wage rates for each classification of laborers and mechanics published by the U.S. Department of Labor; indicate whether or not the company contributes to a health plan for its employees; indicate whether or not the company contributes to a pension plan for its employees; and indicate whether or not the company maintains an affirmative action plan or other similar plan to achieve racial diversity. Local companies include those located in St. Joseph County. Additional information may be requested for verification of this information. (If additional space is needed, please photocopy this page). Name and Address of Contract Construction Comaanv Amount 100°/. Workers are Employees (Not Independent Contractors) Pay Maintain U.S. Dept. Contribute Contribute Mirr~nfre Labor Wage to a Health to a Pension Action Rate (YlN1 Plan (YIN) Plan (Y/Nl Plan(YRJ) Local Companies (see above): 1. o°i° 2. o% 4. o°i° 5. o°i° 6. o°i° 7. o°i° 8. o°r° 9. o°i° 10. o°i° Total Local Non-Local Companies: 1. o°i° 2. o°i° 3. o°i° 4. o°i° 5. o°i° Total Non-Local Non-Local Companies: GRAND TOTAL Non-Local Companies: Total Project Cost from Petition Difference (Please explain): 9 (Rev 12/24/06) ~~~, ~~ ~ ~ Record Description The land referred to herein below in the County of St. Joseph, State of Indiana, and is described as follows: Lead Situated in the State of Indiana, County of St, Joseph, City of South Bend. PARCEL I: A portion of the East '/z of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, and a part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the Southeast '/ Section 33, thence South 0 degrees, 07 minutes, 29 seconds West, along and with the East line of said Southeast Quarter of Section 33, a distance of 815.52 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 1,348.23 feet to the intersection of the Northerly Right- of-Way line of Voorde Drive and the Westerly Right-of--Way line of proposed Progress Drive, said point being the point of beginning; thence North 0 degrees 19 minutes 51 seconds East, along and with the said Westerly Right-of--Way line of proposed Progress Drive, a distance of 455.00 feet; thence North 89 degrees 40 minutes 09 seconds West, along a line parallel with the Northerly Right-of--Way line of Voorde Drive, a distance of 250.00 feet; thence South 0 degrees 19 minutes 51 seconds West, a distance of 455.00 feet to a point on the Northerly Right-of--Way line of Voorde Drive; thence South 89 degrees 40 minutes 09 seconds East, along and with the Northerly Right-of--Way line of Voode Drive, a distance of 250.00 feet to the place of beginning. PARCEL II: A portion of the Southeast '/ of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees O1 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet to the point of beginning; thence North 0 degrees 18 minutes 51 seconds East, a distance of 455.00 feet; thence South 89 degrees 40 minutes 09 seconds East, a distance of 302.21 feet; thence South Ol degrees 18 minutes 51 seconds West, a distance of 455.00 feet to the North line of said Voorde Drive; thence North 89 degrees 40 minutes 09 seconds West, a distance of 302.21 feet to the place beginning. EXCEPTING THEREFROM the following described real estate: A portion of the Southeast '/ of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees O1 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 217.02 feet, along the West property line of Norman F. Ernsberger and Lavern D. Jessup, a General Partnership; thence South 89 degrees 40 minutes 09 seconds East, a distance of 30.24 feet to the Northwest corner of a existing building, said Northwest corner being the point of beginning for this description; thence continuing South 89 degrees 40 minutes 09 seconds East, along the North wall of said existing building, a distance of 161.00 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 134.28 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 161.00 feet; thence South 0 degrees 18 minutes 51 seconds West, a distance of 134.2,8 feet to the point of beginning. PARCEL III: A portion of the Southeast '/ of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees O1 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 217.02 feet, along the West property line of Norman F. Ernsberger and Lavern D. Jessup, a General Partnership; thence South 89 degrees 40 minutes 09 seconds East, a distance of 30.24 feet to the Northwest corner of a existing building, said Northwest corner being the point of beginning for this description; thence continuing South 89 degrees 40 minutes 09 seconds East, along the North wall of said existing building, a distance of 161.00 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 134.28 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 161.00 feet; thence South 0 degrees 18 minutes 51 seconds West, a distance of 134.28 feet to the point of beginning. Tax Identification Number(s): Parcel I: 018-2184-693816 New Parcel #71-03-33-401-006.000-026 Parcel II: 018-2184-693805 New Parcel #71-03-33-401-007.000-026 Parcel III: 018-2184-693817 New Parcel #71-03-33-401-008.000-026 Street Address: 3511 - 3615 W. 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TOa Y T TOOfO~nA am swN : N r _ "° ~,y ~~ ~'SUR~r` EXHIBIT B Fortis Plastics Print Page Page 1 of 1 City of South Bend Online GIS i _~ ~'~ ~~ j _- - -- y ~ ~ Voad~ Park ___ r~L ` I _~ _ _. -T-- -=- _ -- - - -- ~ _= -- ----- - ` ' - -- ~ I ~ - (' ' ~ - - Map provided 6y The City of South Bend GI5-X1071 ___, ~ ~~~~ ~3I Copyright 2007 The City of South Bend Property Bureau of GIS Online Mapping 18-2184-693816 3615 Voorde Dr .n~ *N p .d' ~~. ~; :. _ i ^S ~ Owner ~ pus Capitol Technologies Inc South Bend IN 46628 http://southbend.in.schneidermip.comlR;is/print/4l .asp? DETAIL=YES &PIN=18-2184-b9... 1 012 212 0 08 V U .... CCi .~ O ~-, H ICI ICI W EXHIBIT C Fortis Plastics a _- _ _-. -~ . ,~f --- .. _ ~., - -.. _ ~4 ~ ~_. ~~ 1~, •~ ~_ _ ` r _ ~~ t a~ \ ~. ' -~ ~ ; ~ j~ ~~ R~~~ 1 S ~ j' e...a..nl> L~ wr 111 ~' ~5.NMr~+"'; ~'. EXHIBIT D Fortis Plastics ITEM 22 Materia Name and Address of Compar-y 1 Local Suppliers (TBD) 2 Local Suppliers (TBD) 3 Local Suppliers (TBD) 4 5 6 7 8 9 10 Non-Local Com anies see above 1 2 3 4 5 6 7 8 9 ies Description of °w of Grant Materials Total South Bend/ St. J~ IN 75% South Bend/ St. J IN 75% South Bend/ St. J IN 75% IN IN IN IN IN IN Costs of Materials EXHIBIT D Fortis Plastics ITEM 23 Construction Com anies 1007: Workers are Maintain Name and Adnss of Construction Comparry Contract Employers (not independent Pay US Dept of Contribute to Contribute to a Affirmative Amount Contractors) Labor Wage R a Health Plan Pension Plan Acton Plan (Yl I /N Local Companies (see above): 1 Ryans Fire Protection 2 Koontz Wagner 3 Allegiant Heating and Cooling 4 Majority 8uitders 5 Herman 8 Getz 6 7 8 9 10 Non-Local Companies (see above): 1 Wagner Construction 3 Choice 1 Communications 4 Ancon Construction 5 Griffen Plumbing and Heating 7 8 9 South Bend Sprinkler System 150000 100% ?? ?? ?? ?? 3801 Voorde St. South Bend IN Electrical work 500000 100% ?? ?? ?? ?? Mechanical - 23978 SR 2 South Bend IN air/water piping, 40000 100% hvac ?? ?? ?? ?? South Bend TBD South Bend TBD 2146 Elkhart Road Goshen 3128 Lexington Park Elkhart 2146 Elkhart Road Goshen 2310 Toledo Rd Elkhart Demolition, IN concrete and 310000 mechanical work IN IT and networking 25000 IN Office Remodel 50000 IN Mechanical -hvac 50000 EXHIBIT E Estimated Investment Projections Fortis Plastics New Equipment List & Installation Estimates 2009 New Chiller & Powder Twin Screw Extruder $ 350,000.00 New Silos $ 175,000.00 2010 Neti~ Powder Twin Screw Extruders; $ 260,000.00 Rebuilds and repairs $ 375,000.00 New Extruders/Downstream Equipment $ 260,000.00 2011 New Extruders/Downstream Equipment $ 750,000.00 Silos $2,170,000.00 Building Improvements Estimates 2009 Modifications/Improvements $ 60,000.00 Offices Buildout/remodeling for HQ $ 50,000.00 Lobby Reception area buildout $ 5,000.00 Electrical/ Wiring Offices $ 8,000.00 Sprinkler System $ 145,000.00 Loading Docks/Bays new doors, concrete $ 310,000.00 and mechanical work Electrical work building and equipment $ 612,000.00 connections Mechanical -air/water piping, hvac $ 87,000.00 $1,277,000.00 Employment Hourly Positons Salaried Positions Total Employment Potential Jobs Production Manufacturing Headquarters/Back Office TOTALS Manufacturing and Headquarters 2009 2010 2011 2012 2013 Total 97 104 112 121 131 131. 29 31 32 33 33 33 126 135 144 154 164 164 126 135 144 154 164 164 20 0 0 0 0 20 146 135 144 154 164 184 Job Classification Projected Retained Headcount Average Annual Wages Hourl Positions 131 29,000 Salaried Positions 33 59,000 Head uarters Positions 20 81,000 Totals 184 CITY OF SOUTN BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2-83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601, as a condition of receiving property tax abatement. FORTIS Plastics, LLC Petitioner's Name Kim Yocum Agent's Name Acting on Behalf of the Petitioner Lisa Makowski Contact Person 57500 County Road 3 South Street Address Elkhart, IN 46517 City, State, Zip Code 574 970-8454 Business Telephone Number Signature of Petitioner cc: WorkOne Northern Indiana Chairperson, Community and Economic Development Committee Department of Community and Economic Development City Clerk's Office ~~`~~ ~a~ ~~-a~ 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 1728 North Ironwood Drive AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE-YEAR REAL PROPERTY TAX ABATEMENT FOR Robert R. Lee (C.E. Lee Company, Inc.) WI~REAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1728 North Ironwood Drive, South Bend, Indiana, and which is more particularly described as follows: Part of the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section 32, Township 38 North; Range 3 East, described as beginning at a point three hundred five (305) feet North of the South one-eighth (118) corner of the West boundary of said Section; thence East one hundred ninety-four (194) feet; thence South sixty (60) feet parallel to the West boundary of said Section; thence West one hundred ninety- four (194) feet to the West boundary of said Section; thence North sixty (60) feet to the place of the beginning; and which has Key Number 024-1001-0410 presently at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sew., and; WI~REAS, the Department of Community and Economic Development 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 se ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WI~REAS, the Community and Economic Development Corrunittee of the -' Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization,Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et sue., for tax abatement. SECTION II. The Common Council hereby determines and fmds 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 as set forth in Sections. l through 3 of the Petition for Real Property Tax Abatement Consideration, 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 and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. . SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ~~ Member of the Common dour ncil ~~~s~,tTte~ ,,~ -lL-~~ i~GT l-~pPRO~fEGs ~G:tliti i Ce'.+4v'17 bei t31t.j t ~ ter i filed ire ~,~~til`E~.':= t~t~~~~~ J i~ ~ ~ =.. ._ ~.. Joiyh~ VC1GE~~~E CITY CL"crti, u0. CEi~D, iN. ;a,~o~T~~ 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT December 22, 2008 ,JEFFREY V. GIBNEY Council Member Derek D. Dieter, Chairperson"~cUTIVE DIRECTOR Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: ROBERT R. LEE (C. E. LEE COMPANY, INC.) Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition for the above-referenced petitioner for construction of a new facility to be located at 1728 North Ironwood Drive. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The petitioner, Robert R. Lee (C. E. Lee Company, Inc.), proposes to construct an approximate 6,800 square foot building to house their retail decorating center. It will replace their original structure that was destroyed by fire. Please note that the petitioner is asking for a special exception because the petition does not meet the general standards for a real property tax abatement as set forth in the City's Ordinance. The petitioner is seeking athree-year real property tax abatement, and a representative of the petitioner will be available to meet with the Committee on Monday, January 12, 2008. 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 235-5835. Sincerely, ~~ 0~ ~L~~;/ Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL LAC PROGRAM PAMELA C, MEYER DONALD E. INKS MANAGEMENT 5741235-9660 5741235-9371 ELIZABETH LEONARD FAx: 574/235-9697 574/235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND,INDIANA 46601-1830 PHONE 574/ 235-9371 Fax 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: ROBERT R. LEE (C. E. LEE COMPANY, INC.) DATE: DECEMBER 22, 2008 On November 10, 2008, a petition for real property tax abatement consideration for vacant property located at 1728 North Ironwood Drive was filed with the City Clerk by Robert R. Lee (C. E. Lee Company, Inc.). Please note: The petitioner is asking for a special exception because the project does not meet the general standards for real property tax abatement set forth in Chapter 2, Article 6, Sections 2-77 through 2-83.3 of the Municipal Code of the City of South Bend. Pursuant to Chapter 2, Article 6, Section 2-82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development 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 and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Robert R. Lee is proposing to construct a new retail facility to be leased by C.E. Lee Company, Incorporated. C.E. Lee Company, a retail decorating center, has been established in South Bend since 1872. They sell several different brands of paint, window treatments, and wall coverings. Customers consist of individual homeowners as well as many paint contractors and maintenance accounts. On Apri122, 2008, their retail store at 1728 North Ironwood Drive was destroyed by fire. Because their local insurance agent failed to provide accurate replacement cost estimates, the company found itself underinsured after the fire. Replacement costs for the building, equipment, and inventory total $687,000. The company has received $485,000 in insurance proceeds and intends to finance the COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL St PROGRAM PAMELA C, MEYER DONALD E. INKS MANAGEMENT 5741235-9660 574/235-9371 ELIZABETH LEONARD FAX: 574!235-9697 5741235-9371 South Bend Common Council RE: Robert R. Lee (C. E. Lee Company) December 22, 2008 Page 2 remainder of the project with a loan from 1 S` Source Bank. The new building will be built on the old site but the size of the building will be doubled to allow for a projected increase in both sales and staff. The new building will be approximately 6,800 square feet in size and will have two stories; the old building contained approximately 2,700 square feet all on one level. The company is requesting a tax abatement with a special exception because the additional cost to rebuild due to being underinsured is $205,000 and the revenue loss resulting from the fire was over $100,000. They have discussed moving to another location but they prefer to stay in South Bend at their present site where they have been a part of the City for 136 years. Total taxes to be abated during the (3) three-year abatement period are estimated at $25,742. Total taxes to be amid during the (3) three-year abatement period are estimated at $24,717. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create one new, permanent full-time position and two permanent, part-time positions with an annual payroll $50,000. The project will also maintain five existing permanent full-time positions and 2 existing part-time positions and a total annual payroll of $250,000. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has not been granted or associated with any previous tax abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is not located in any Tax Incremental Allocation Areas; therefore, no action is required by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner does not meet the qualifications for a real property tax abatement under the general standards for tax abatement in the City of South Bend. However, the Ordinance does provide for an exception to the general standards, at the South Bend Common Council's discretion. A (3) three-year real property tax abatement is being sought as a special exception. 22-Dec-08 Robert R. Lee (C.E. Lee) Public Benefit Points Sum mary Qualify Earned Available Public Benefit Item: Y or N Points Points Proiect Related: 1. A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub-total Project Related: 0 120 2. Super Size Proiects (point values are cumulative): A. 100% to 199% N 0 25 B. 200% to 299% N 0 68 C. 300% to 399% N 0 65 D. 400% and Over N 0 52 Sub-total Super Size Projects: 0 210 3. Construction Related: A. Employ Local Companies N 0 20 B. Purchase Materials from Local Companies N 0 20 C. Require Employees vs. Independent Contracts N 0 19 D. Require Target Wage Levels N 0 22 E. Require Health Benefits N 0 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmative Action Plan Y 20 20 Sub-total Construction Related: 20 141 4. Wage 8 Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits N 0 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub-total Wage 8 Benefit Related: 95 162 5. Workforce Related: A. Create New Jobs Y d2 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan N 0 35 D. Provide Targeted Hiring Preference N 0 34 Sub-total Workforce Related: 83 152 6. Pav for Municipal Infrastructure: (point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26-50% of Extension Cost N 0 26 C. Pay for 51-75% of Extension Cost N 0 39 D. Pay for 76-100% of Extension Cost N 0 52 Sub-total Infrastructure Related: 0 131 7. Support a Municipal Facility: A. Support a Municipal Facility N 0 84 Total Public Benefit Points: 198 1000 Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. Robert R. Lee (C.E. Lee) Additional Years of Abatement Multi-family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 198 Base Years of Abatement Additional Years of Abatement: 0 Total Years of Abatement: 3 3 YEAR 11-Nov-08 Robert R. Lee (C.E. Lee) South Bend Clay Township Real Property Tax Abatement Schedule* Tax Key Number 024-1001-0410 Current Assessed Value: 49,100 Estimated Project Cost: 500,000 100.00% Current Without 100% 66% 33% Assessed Value: AV & Tax Abatement Year 1 Year 2 Year 3 Current Assessed Value 100% 49,100 49,100 49,100 49,100 49,100 Base Assessed Value 85% 425,000 425,000 425,000 425,000 Less Abatement Deduction 0 (425 000) (280,500) (140,250) Net Assessed Value 49,100 474,100 49,100 193,600. 333,850 Property Taxes: Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap 4.2871 % 4.2871 % 4.2871 % 4.2871 % 4.2871 2,105 20,325 2,105 8,300 14,312 (363) (3 505) 0 0 0 1,742 16,820 2,105 8,300 14,312 1,473 14,223 14,223 14,223 14,223 269 2,597 269 1,060 1,828 1,742 16,820 14,492 15,283 16,051 3.0000% 0.5477% New Combined Net Existing Project Existing & New Tax Tax Year Taxes Taxes Taxes Abated Paid 1 1,742 15,078 16,820 14,715 2,105 2 1,742 15,078 16,820 8,520 8,300 3 1,742 15,078 16,820 2,507 14,312 Totals 5,226 45,233 50,459 25,742 24,717 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. \~ -' i Benjamin ~~' Decorating r~-- Moore C_~_ ~ ~~--, Center Paints 1728 North Ironwood Dr. South Bend, IN 46635 Phone 574-272-6888 Fax 574-272-9503 Dear Mr. Mathia, I am writing in regards to our request to the Common Council regarding tax abatement. We first became aware of our Pack of proper insurance coverage after our fire. Our local agent failed to provide us with accurate market pricing and replacement cost to rebuild our building as it stood previously. As the result of that, we found ourselves $120,000 underinsured in just the rebuilding of the structure alone. We were also underinsured $50,000 on our contents, $35,000 in IDEM testing and cleanup. Also, as a result of the destruction, a portion of our computer records were lost and $10,000 from our accounts receivable were a loss, as well as, revenue losses due to the disruption exceeded $100,000. We are asking for this special exception not only because of our tragedy but for the fact that we have been part of The City of South Bend since 1872. In the history of South Bend, we were quite prominent. Our future building and the goals we have to increase sales, customer service, and innovative decorating needs will not only benefit C.E. Lee Company but The City of South Bend and its citizens as well. We look forward to future locations in The City of South Bend and branding ourselves in this community as "the place" for your decorating needs. We have discussed moving to another location outside of The City of South Bend, however, we would prefer to rebuild at our former location, 1728 North Ironwood. Because of the additional cost to rebuild and the current state of the economy, tax abatement would prove to be crucial while we are rebuilding and implementing our strategy to grow within this community. As well as, rebuild our customer base and increase revenue flow. We currently employ 5 full time employees and 3 part time employees. We have employed minorities in the past, as well as currently. We brought on an additional 2 full time employees after the fire to assist in clean up and preparation to raze the damaged building. We will be adding a second floor for more space and additional storage for stock which will increase sales and a need for additional positions. We plan to add 2-3 other positions once we are in our new location. Benjamin ~ ~ ~' Decorating ,~,€! ~/i ® ~ ~_ Moore C_C_ ~---, ~ ~ Center Paints 1728 North Ironwood Dr. South Bend, IN 46635 Phone 574-272-6888 Fax 574-272-9503 Thank you for your time and consideration. As I have stated, we have suffered a great deal of loss finically in this tragedy. There have been lessons learned along the way. With your help we can and will rebuild and prosper here in this city we have been a part of for 136 years and counting. Chuck Lee ~E°~'~~ STATEMENT OF BENEFITS ~~ ~ n r;~.-:-. _ REAL ESTATE IMPROVEMENTS \_~~yy' State Form 51767 (RZ / 1-07) ~' ~F, Prescribed by the Department of Local Government Finance ~m~ This statement is being completed for real property that qualifies under the following Indiana Code (check one box): ^ Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-d) ^ Eligible vacant building (IC 6-1.1-12.1-4.8) 20_ PAY 20_ FORM SB-1 t Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects"planned or committed to after July 1, 1987, and areas designated afterJuly 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be filed with the County Auditor by the later of.• (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF-1/Real Property annually to the application tc show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.1(b) and IC 6-1.1-12.1-5.3(j)] 5. The schedules established under IC 6-1.1-12.1-4(d) for rehabilitated property and under IC 6-f.1-12.1-4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits fried before July 1. 2000. • •- • Name of taxpayer /~ O t~ .L /2i ~ ~ ~ ~i .~ . .~,~L~ -~ Address of taxpayer (number and street, city, state, and ZIP code) Name of contact person Telephone number E-mail address S-.4.~f C- 27Z_ 6 8 ~ 9 ~~/ue~ ~ CC[F~ Co , co Name of designating body Resolution number Location of property County DLGF taxing district number %7ZS /~/, /,QaNWvnJ !~R//~ ST.~S~''~/f o2f-/ovi-oy/o Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) ['~.irSTRVCTloN Or TYJo $i ~'~ ~Ui~~/Nfj To /,~~//2pC)g G'C p Nj O d A-TL ~, E. L.EL ` 6 . /?E/ /f /~- ~ % ~ ~ C Estimated com Ietlon date (month, day, year) -.•. ~ -. Current number Salaries Number retained Salaries Number additional Salaries 7 ,~'1SO,on~~ 7' ~S;v~ oop 3 .5'a~ pan •.-. .--. NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values O - !)ES1X'C ED Fi Plus estimated values of proposed project c~ bo c) Less values of any property being replaced ~ O Net estimated values upon completion of project ~ Soo On O ~ ~ ~ i • -. ~ Estimated solid waste converted (pounds) Estimated hazardous wa /RR.~ n '~ ~ w?:'~%' t" ~ .. Y 0u~ Other benefits ~ '~E a E { N0~1 1 0 "GDS ___-. J`4,; ~J`~"ten, ^_~~- ~1 1 hereby c rtif that the rep Sentations in this statement are true. Signature of a th ed epr s t •ve Title Date signed (mo th, day, year) ~r E5t AG7.1`r' f/ ~/ ~2ov £i Page 1 of 2 We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ^ Yes ^ No 2. Residentially distressed areas ^ Yes ^ No 3. Occupancy of a vacant building ^ Yes ^ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years' (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. if the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.Cs 6-1.1-12.1-1, et seq., and South Bend Municipal Code Sec. 2-76 et se for this petition states the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: ~~ ~~~ Ta ~ /=/RE/ /4P,~/~ 2z ~ WfricH ,dESTRoy~d ou,e g U f L d / ~ r'' ~ ~/E ~L .4 N 7-O fe R C- cT i4 T ~ ~ 5 % o 'e Y (3 v /L,d /,v 4 Ta ~} c c o.ct ~ ,d ~ TE ~; E. 1EE l~CC6 ~2ATin/ ~y CL-~/TE~ ~ d~/E O~ i sovTH ~E~c/a ~ dL~L-ST ~~T~4/L r3~/5~~/~S$ES S/~/CE O L/ R ~O .E'.N, C.2 /~ V /Ld / N C (/tli-S $E llC= lLL- L~/ ~S ~itit ~t 4 E~ gy ~'/,<E ~iR~ /T /S ~-tit-.vd i7~ Qy TD /f.4 -/E ~ ~~'rn/ ,? u/~~ /~tJ~ 5a~v~y r ~U 5',~c-/Z//ec aCJ2 e~sr~~E~es• ~ SEA ~7'i-~<H.~tC~-T ~/ S~~ A ~~ ~.v s ~ ~u; z } Land Size ~ b /= r. x i9y /-'T acres; Building Size ~, 8 ~ o sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the (Rev 10/23/06) ] Property (attach additional sheet if more space is needed ): ~? ~`• GCS ~o•l~tl~h•vy / S .4 .QET.4/L fj~GO2,yT/.~iCr' CEivTE2 (./f/ / G /~ f~~ S S'c 2 /E.a T7"~E" .d c c c ,2 sa T/.c/ y' n/EEd S c~ l= Tf~c S' o c~ r// ,pEN~ Cho iL( iGC tJ N/ Ty l= d ~ / ~ ~v yL-/~.2 5 ~i</ f~- D ~ i 7'/ O.c/ T-p /~ L ~ 2 4 E ~ FT"~ / L ,oA-S c / ~C- $~ 2 v/ G E /i~lit-/cl j/ ~A/iv' T C G N'T 2~- G7'O K S A,~1.0 /N A-/ ~/ TE.v /~~/C E /-J C G o u•t/ T"S f~(lE JELL ~L- [/E~ ~4 L fNEL_L /L/c/ O W N /~.Pf1-itJd S O F /~i1-/~`/T /q S (i(/G LL /~ S W/~/ d o inl T2.~.4-T/Vf Cic/T"'S /~N D Gc%t- LG Go 6~ E2iR~G S TD T/~C sa u TI/ .BC.va C' o ~uL.f UN / Tf / . 3. Estimate the dollar value of the project (excluding land): $ ,~~j DO/ 00 0 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $ ~vE T~ 7~fF ~ii2L, Ti~E V•FLUL-' o% TAE P~aPE•eTy /s' i 5"E~ /+TTi~fl .rt ~T 3 .8~ S/CLf/ TjfC f/iFLUE OF Ti~E Li4-.l/~. 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individuals or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NArME ADDRESS IlV'I'EREST (%) /~ p B E2.T l~~ / %'~/o ~~ /~c18 u.2G M ~ ~ • ~ o a /o S'a u 77f ,8cns ~, /ic/' S/G C / 51 (Rev 10/23/06) 2 (b) The following other person(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST (%) 6. The commonly known address of the Property is: ~71. ~ 1/. IiPUN~.c/DO~ ~2. 5 0 ~~ T-~ 3c.~. ~, /ic/ y~ 6 3 5 7. The Key Number(s) of said property is: O Z ~ - /O U / - U ~f/O ~Eh G L-5 Ti4 TE oz v - 3so y~ ._ 5~6z ay ~''E''~s~,~.~ ~ ~.eo ~F,eTy 8. A legal description of the above address is attached hereto, marked AExhibit A,@ and incorporated herein. /9~ / ~ ~~ w X ~o ~n/~'S n~'w~ Sw /-5' SEC 3Z- 3f~- 3c r 9. A map andlor plat describing the Property is attached hereto, marked AExhibit B,@ and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked AExhibit C,@ and incorporated herein. 11. The redevelopment or rehabilitation project itself will create ~ full-time and Z part-time permanent jobs within the first year, representing a new 3 (Rev 12!29!06) annual payroll of $ Zso,~o G and will maintain ~ existing permanent full-time and 3 existing permanent part-time jobs including existing permanent full-time minority employment of ~ and existing permanent part-time minority employment of ~ with an annual payroll of $ S, o ~~ ~~ 12. The projected annual salaries for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet): Z S~ o v c~ ~'~ ~ ~ •Tivc c (' i Z.S~ Dn~ P~Ri Tiu~ ~Z~ 13. Provide current employment wage information including; base rate, cost-of-living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements (average hourly rate or range): Full-Time Part-Time Laborers $ ZS 23 0 $ 5~~ 6 0 0 Technical $ $ Managerial $ B,sC; oo~, $ 4 (Rev 12/29/06) Administrative $ ZS~ ~~ `' $ 14. Indicate whether your company provides the following benefits (use Y/N): ~_ Health Care Benefits N Pension Plan ~_ Employer Provided Training (recognized or certified training/educational courses or programs) N Day Care (provide or contribute to the cost of child day care for its employees ) /~ Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) ^' Employer-Assisted Housing Program (provide an employer-assisted home ownership program) N Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: Yea r Real Property Taxes Personal Property Taxes 5 (Rev 12/29/06) Zvv3 ~ 3z ~~. /L ~27Sa,3P, 2aa ~ Z75~Z.5F8 /3oi.S3 Zo~'S Sof38..75/ i,3o/. io Loner 337/, v 6 /3Grj• ~v Zoc~~7 E3o, S/ Z9bZ. f3 6 (this information may be obtained from the St. Joseph County Treasurers office 235-9531) 16. Please list the number of full-time and part-time minority employees for each of the last three years: Year z z8 03 /~3~07 Full Part Full Part Full Part Black Hispanic Asian Indian Other / ~z~a~ J t~2/b3--/~~7) 17. Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: C~ v 2 C' a,u P/1-.u y / S 7~ 0 5 ~.t h-~-~ , /~o wE /c .Q ~ I~vE D o ~! o T- !) /S e 2i.tt /•u h TE ~ ~v d /fiF uL' if/~ ~ $E vc/L.s ~ ~ i~io.ei T/ L-S T/~,e ~ ~ ~ ~ a ~ ; r/fE- ~/E~r-,e s _ v.c~c-- /=a .e SS yL-h ~ s ~- ~ .~ (Rev 12/29/06) 6 18. Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235-9335 for information on this section): /~l Conversion to residential use of a commercial AEligible Building@ as designated by the Community & Economic Development Dept. .v Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. ,y Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department ~ Pays for the cost of cleaning up a ABrownfield,@ which is any site, building facility or complex that has been designated a brownfield by the Community and Economic Development Department. ~/ Achieves a physical element identified in a development or revitalization plan that has been approved by the_ Council 19. Is your business based upon licensing intellectua{ property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): ti 7 (Rev 12/29/06) 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? N 21. Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed ): N 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). y 23. Information is required on the construction companies that will be utilized for 8 (Rev 12/29/06) construction of the project. (Please complete the table on page 9 of this application). ~'~''` ~x ~'' ~' ~ '~ 24. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owners signature at the end of this application is verification of this statement). 25. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAILS) major group within which the proposed project would be classified, by number and description: S /c SZ 3 / /Vi4~e 5 ~f`ftf~Zo 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: Cva-~ c;s 27. The ~~l ~~ current use of the Property is and the current zoning is L ~ (This information may be obtained from the Building Department 235-9554). 28. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property) and date of approval. 9 (Rev 12/29/06) 29. Other anticipated public financing for the project including, if any, industrial revenue-bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. /V 30. The .following person(s) should be contacted as Petitioner=s agent regarding additional information and public hearing notifications: 10 Name: .P~:~E-~ L~-~ Address: /9 5~/~ Ed ~,~,gu~ c ~,~ ~rl. City, So ~~ ~ Br.v~.d State, / ~/ Telephone: Z. ~L- ~ 8 & S Zip: S~~G /5~ 31. Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition if the real tax abatement is for warehouse or industrial developments. Name: C'~f uci< ~cc Address: l7zg ,~/, /.ea,v woad ~2. City, jov77f BEND State, /~c/ Zip: ~C~3S Telephone: Z'~z - ~ ~ ~ 8 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications 11 in __. ~~v+n tnt~ for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. /~0 3 E2-T ~C Name of Property Owner(s): a. ~~~~~' (Signed Name) (Typed or printed name and capacity of signor if signed by an agent or representative of the owner. ) Filed In CieE~~'S Q;iice N OV 1 0 2008 d0`IN VOORDE CITY CLERK, S0. P.END, IN. 12 Npv 13 08 08:38a BOUNBARY p.2 1728 NORTH IRONWOC SOUTH KENO, INDIANA Port of the Nort of Section 32, T at a point three (1/8) corner of hundred ninety-f the West bounds (194} feet to th feet to the ploc~ D IMPROVEMENT LOCATION SURVEY DRNE ~I;ost Quarter (1/4) of the Southeast Quarter (1/4} nship 38 North. Range 3 East, described as beginning ~iundred five (305) feet North of the South one-eighth 11e West boundary of said Section; thence East one ur {19~) feet; thence South sixty (60) feet parallel to ~ of said Section; thence West one hundred ninety-four West boundary of said Section; thence North sixty (60) j of beginning. r DESCRIPTION: B iN ACCORDANCE WITH TITLE 865, ARTICLE 1. i , CHAPTER 12, SECTIONS 1 THROUGH 29 OF THE INDIANA ADMINISTRATIVE CODE. THE FOLLOWING OBSERVATIONS AND (OPINIONS ARE SUBMITTED REGARDING THE VARIOUS UNCERTAINTIES IN THE LOCATION OF THE LINES AND CORNERS ESTABLISHED ON THIS SURVEY AS j A RESULT OF. A) VARIANCESIj IN THE REFERENCE MONUMENTS: B DISCREPANCIES IN RECORD DESCRIPTIONS AND PLATS: C INCONSISTENCIES IN LINES OF OCCUPATION: D RANDOM ERRORS IN MEASUREMENT (THEORETICAL UNCERTAINTY): THE THEORETICAL U OF THE CORNERS 1 WITHIN THE SPECIE( AS A RI=SUET OF THE FO IN THE LOCATION OF THE ARE AS FOLLOWS: DUE TO VARIANCES DUE TO DISCREPAN DUE TO INCONSISTE DARY SOLUTION: USED CROSS FOUND IN RIGHT OF WAY LINE OF FOUND IN RAILROAD T1E THE PARCEL SOUTH OF LOT LINE PARALLEL TO PROPERTY. USED REC PARCEL SOUTH OF AND URCES: ERTAINTY (DUE TO RANDOM ERRORS IN MEASUREMENT) THE SUBJECT TRACT ESTABLISHED IN THIS SURVEY iS LIONS FOR A CLASS A (0.10 FEET) SURVEY. EGGING IT IS MY OPINION THAT THE UNCERTAINTIES ~INES AND CORNERS ESTABLISHED ON THIS SURVEY IN REFERENCE MONUMENTS: SEE DRAWING ~ES IN RECORD DESCRIPTIONS: NONE CiES IN LINES OF OCCUPATION: SEE DRAWING CONCRETE AT "A" AND P.K. NAIL FOUND AT "B" FOR WEST RONWOOD DRNE. ACCEPTED CROSS AT 'A" AND NAIL AT "C" AS THE SOUTHWEST AND SOUTHEAST CORNERS OF 41VD ABUTTING THE SURVEYED PARCEL. MADE THE EAST HE WEST LOT LINE AS PER RECORD DESCRIPTION FOR THIS )RD DIMENSIONS FOR THE SURVEYED PARCEL AND THE ABUTTING IT TO ESTABLISH THE BOUNDARY FOR THIS SURVEY. OLD SURVEY RECORDS S' RECORDS IN OUR OFFICE DEEDS OF THIS PROPERT EDWARD M. FISHER, HEREB TENSED IN COMPLIANCE wljr ~RVEY WAS PERFORMED BYI ' MY KNOWLEDGE AND BE II QUIREMENTS !IV TITLE 865 ~ E INDIANA ADMINISTRATIVE I TE: SEPTEMBER 29, 2006 ~ ~~nc-~~iiA„_ ; I IN THE OFFICE OF THE ST. JOSEPH CD. SURVEYOR AND ADJOINERS ~ CERTIFY THAT I AM A REGISTERED LAND SURVEYOR, -I THE LAWS OF THE STATE OF INDIANA, AND THAT TIHIS ME OR UNDER MY DIRECT SUPERVISION. TO THE BEST .F THIS SURVEY WAS EXECUTED ACCORDING THE SURVEY ARTICLE >I.1, CHAPTER 12, SECTIONS 1 T GH 29 OF :DOE (IAC). _ /J EDWARD M. ~ _ i~ ~ n~ ~ ~ :, :~ ' ri ~ ~ O ~ u ~ ~ ` cr ) '_:~ m N o Qij c~ ~- - ~ ¢`) ca Gr~acP ~ CK~,~,l ., SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST J 00.45 (R) 100.46' (M) )9.98' (M) 105.72' (R) 105.73' (M) .o~~x~ C~ ~oy~~cGr r~°~p~'ti ~~pG G,tp~ y~J ~~ ^ BJ y~J1 x i Iv $ 8g ~ $ $~ .~ A vc .N I~ .., o J ~f~i ,,,.......,,,,,"~O~ ~ a •.. 100.45' (R) 100.50' (M) ~ cap ~ f ~ ~ ~~ rT r [+! a ~y .t ~ 3 ~'jpJ ~ypJ p'~~~3 ~~ _y l.I~.~ ~ N.. 00'02'34" E. (BEARING ASSUMED) 305 (R) 60.00' R&M ~ z o a ~ D IRONWOOD RO AD ~~ ~~ o ~ ~ ~ ' N0O'O2'34"E 'S' (R) 175.06 M 70.00 RdcM Z x °A 60.00 (M) Z rn ~• Z cGl ~ ~ ~ cWD• r'T, Q ~~y y w t o.7' N ~ J`~ pJ i 13.4 32.2 e N 3 ~ m ~, ~ 0 ,~ ~ cn o o .~ G Q~ ~ ~ O/ V o ~ rnrn ,•, ~ _ 36.0' .-. o.s ~ ~ ----I 4°° ~~ A ~~ ~ ~ r O ~~ ~ ~ ~ ~ 41 ~ r .A ' ~ O 75' R 174.93' M 70.00' RdcM 6 R&M .OD " O Z n ~ l O'OZ34 ~ JEICHBOR'S FEN ~ CE . y F ti ~ y~( A y iA F (n ,~ °~'~ ypJ ~ r,~~b OGQi y ~~ ~ ~ C ~ '`b pJ~y C -mG ~ 24-1041-041 d Information shown on this map is not warranted for aca raq or men:hantabilily. Reproduction of this mate dal is not possible without written penniss'an o! St. Joseph County, Indiana. Date Printed: Juna 23, 2g04 Photograp hy:Spdng 2002 N Prepared by: St. Joseph County Auditors Office 227 W. Jefferson Blvd. ~y ~ 7 E South Bend, Indiana 48601 Phon e: (574)235-9463 300' VARIANCE 4 i T. p'~~ i S~ ~. .. d ~~ ~ i a w .._ ! . ~ 4 ,_ ._ c _ . . t .~ jil 1 ~ "-' - - - ~ _ . __ - wear ~ Rewards i _ 3~ 0~, OFF/Gal. 6ssolMe 100g'o Workers Pay US Dept. Contribute Maintain Affirmative are Employees Labor Wage to a Contribute to a Action Plan Construction Company Contract (Not Independent Rate Health Plan Pension Plan Local of St.loseph Co. Address Amount Contractors) (Y/N) (Y/N) (Y/N) (Y/N) ~Y/N) 1 Herrman & Geotz, Inc. 225 S. Lafayette Blvd., South Bend, IN $38,690.00 Y Y Y Y Y 2 Four Winds Custom Htg. & AC, Inc. 1503 E. Third St., Osceola, IN $26,000.00 Y N Y Y Y 3 Tri-Valley Glass Co., Inc. 50820 US 33 N, South Bend, IN $28,480.00 Y N Y Y Y 4 Overhead Door Co. 58745 Executive Dr., Mishawaka, IN $1,500.00 Y N Y Y Y 5 Joy's Johns P.O. Box 8095, South Bend, IN $450._00_ Y N Y N Y Total Local $95,120.00 1009'o Workers Pay US Dept. Contribute Maintain Affirmative are Employees Labor Wage to a Contribute~to a Action Plan Construction Company Contract (Not Independent Rate Health Plan Pension Plan Non-Local of St. Joseph Co. Address Amount Contractors) (Y/N) (Y/N) (Y/N) (Y/N) (Y/N) 1 McCollough Schoken Construction, Inc. 2112 Aeroplex Dr., Elkhart, IN $79,797.40 Y N Y N Y 2 Overholt Masonry 12340 C.R. 4, Middlebury, IN $60,600.00 Y N N N Y 3 Big John's Plumbing & Heating, Inc. 415 E. Waterford, Wakarusa, IN $9,080.00 Y Y Y N Y 4 Michiana Steel Erectors 25416 C.R. 6, Elkhart, IN $15,700.00 Y N Y Y Y 5 Clarkco, Inc. 67230 C.R. 11, Nappanee, IN $13,500.00 Y N Y Y Y 6 Morris & Sons, Inc. P.O. Box 108, Bourbon, IN $22,497.00 Y Y Y Y Y 7 American Waste 15621 Mason St., Union, MI $1,650.00 N N N Y Y 8 Concrete Pumping of Michiana 2399 Jefferson St. W, Plymouth, IN $1,700.00 Y Y Y Y Y 9 Knapp's Drywall Service 2423 Redfield Rd., Niles, MI $9,558.00 N N Y N Y 10 Awnings Unlimited, Inc. 14844 C.R. 8, Middlebury, IN $4,312.10 Y N Y N Y Total Non-local $218,394.50 Grand Total $313,514.50 Total Construction Cost $446,000.00 Material Providers % of Local of 5t. Joseph Co. Address Description of Materials Costs of Materials Grand Total 1 Big C lumber 50860 Princess Way, Granger, IN lumber, drywall, insulation $7,173.00 5.41% 2 Old Forte Building Supply, Inc. ~. 1401 South Main St., South Bend, IN steel studs $5,615.00 4.24% 3 Home Acres Building Supply Co., LLC 4320 Ameritech Dr., South Bend, IN suspended ceiling $1,150.00 0.87% 4 CMA Supply Co., Inc. 910 W. Ireland Rd., South Bend, IN sealer, rebar, bump posts, wire mesh $1,263.00 0.95% 5 Kuert Concrete, Inc. Material Providers 3402 Lincolnway West, South Bend, IN concrete % of Non-Local of St. Joseph Co. Address Description of Materials Costs of Materials Grand Total 1 Builder's Enterprise Corp. 553601ay Dee St., Elkhart, IN steel doors $535.00 0.40% 2 Rupel Engineered Products Co., Inc. 57738 C.R. 3, Elkhart, IN toilet assessories, floor mat $1,700.00 1.28% 3 Helgeson Steel, Inc. 1130 Verdant St., Elkhart, IN structural steel $87,258.50 65.8.6% 4 Shuster5heet Metal, Inc. 418 Roske Dr., Elkhart, IN sheet metal $1,156.00 0.87% 5 EFP Corporation 223 Middleton Run Rd., Elkhart, IN below grade insulation $411.00 0.31% 6 Doors Plus 2100 Industrial Pkwy., Elkhart, IN wood doors $2,782.00 Total Non-Local $93,842.50 $23,442.00 17.69% Total Local $38,643.00 29.17% Grand Total $132,485.50 2.10% 70.83% 100.00 ~~~~~~r~ LB ZONING LB ZONING ~C,` y.i M G` ~~' c` c ~. O ~~ e J O '. d. (] ~ (~ ~' ~ ICJ Fn- °B ZONING I 1 1000' ~ ~ ~ _~ __ __ _. _. RIS' ~N. _.__..-._ .._._...._.___ ,'S3'] E 19A OVA (RBMj , ~CS'(M) ~• l ~ I ~ ~ l LiJ ~ Y--'--~~ ~ a ~ Cs ~ - I -----a Q " w_~ ~ ~ O x= I O ~ $ o~ g Qr- Z ~k• ~~ 03 _ ~ - ~5 7E fi~ x 1 t ooa ~ ' _~ ~' __ ___- I I _ ~ __ _ PARNI~R(QI,nP(M(N~ 15 SPAC(5 1'Lk t.000 Y ~, 00075 X B.Atfi - 1115 1 ROOSEVELT STREET ___ _ _ _ _ - -------- - ----- K I L SIDE rakD sE1RACk 2-STORY RETAIL BUILDING 6,416 SO. FT. 5' S1' ARCHITECTURE P L A N N I N G 11M IINCOLNWAr EAST SOUTH BEN O. IN ~ e 6 0 I GREGORY A. KIL __.. _._.___._-_.._-. _. _. _._. _. __.__.._.... NCARB AIA / ARCHITECT ~~ 5]6.288.285< _------------._-- P~xzeu zAZo - ~- .kilalcNlleclun.mm I I , _ ___-_~-~~;pT EDaDINC Dock ~~--"- I C) I ',I/~k 't Exls nNC ~ ~ \'\ ~ E ORYXfLL ~ t. ~1 ~fi' EENLE ,z,~y R Q-!L ~' 1 ~ ~I ?~ 20NING ~\~O`~~O 1 ~I Q of ~~I ~~o~ ~J~'oe ~L~ -i ~- ~~~Pyti LB ~~ 0 ~~wty G~ ~ ZONING al °I !j _ I R~ /,~ i/' `l IB' uPS .~ NEW BUILDING I---------------- FOR THE: y1 i i ~°~'l C.E. LEE ls~.oD'tM~ J _ J _ d N B9'S3'22' E 19.09 tF6M1 DECORATING ~ Dkrw[u CENTER ~9 ____ _ ~ 1728 NORTH ' IRONWOOD DRIVE R SOUTH BEND ~ i 73 $PACCS PEWIRCD la ~9'~]- ----- zo"wc INDIANA 46635 )0 SPACCS PRONGED 1' t9-1 19'-}~ ' 'r- - ' PROPOSED - - ~ ~ ~~ SITE PLAN SCHEME "A" EXISTING g~ s RETAIL BUILDING ZONING ^ '- - - - - - r~ /// / j ~ j ~ DATE. MAY i8, i00e I N 1 ~ ~ / - /~ PRELIMINARY DES G 1 ~ R[VISED. _ _._ _ _ _. _ 15A 091R6Mj _ _ _ ___ - _ _ .- ._ _ _. _ _ _ _ _ __ _ _ _- ~ _ _ _ _ R ~,-,~ Et~- I _ ~ 20NING PLAN -SCHEME "A" N PROPOSED SITE Z°"'NG C 1 1 _ s wL 1 ~ z9.a- - ~~ I mw°E~°.~W "o.°~...~ .~~. A NEW BUILDING FOR THE C.E. LEE DECORATING CENTER 1728 NORTH IRONWOOD DRIVE SOUTH BEND, INDIANA 46635 OCTOBER 16, 2008 ~~~ 1 KILARCHITECTURE /PLANNING 1126 Lincolnway Easl South Bend, Indiana 46601 PHONE (574) 288-2654 FAX (574)289-2420 www.kllarchitecture.com KELLER 54365 30th Street South Bend, Indiana 46635 PHONE (574) 272-3525 FAX (574)247-6006 rlck.keller a kellerengineeringlnc.com 1 ^ I~C I L A RCKITECTURE P L A N N I N G 56 UT NG BME NYG~IN I A e GREGORY A. KIL NC'ARB AIA ARCHITECT ST4,233.T334 AA X.iAA.2 ~1A VMW.YAarHllbcNR.mm 10. 16. 2008 P \~P ,~`°o ~.~~p QJr~,yo j0~~~ 0~ o~' NEW BUILDING FOR THE: C.E. LEE DECORATING CENTER 172!3 NORTH IRONWOOD DRNE SOl1TH BEND, INDgANA 46G35 COVER SHEET a DArE: ocr.le,TOae PRELIMINARY DE910N REVI:iED: COVER '~~~~\ fJo~ oil-c~.~ 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 719 and 725 Turnock Street AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Northeast Neighborhood Revitalization Organization, Inc. and Weiss Homes, Inc. WHEREAS, a Statement of Benefits and a petition for residential real properly tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 719 and 725 Turnock Street, South Bend, Indiana, and which is more particularly described as follows: . A part of the West half of the Southeast quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Lots D and E of Turnock's subdivision of a part of Turnock and Mack's addition to the City of South Bend as recorded in Plat book 9, page 82, in the Office of Recorder of said county. Also including the North 7 feet of a 14 foot wide alley being the first east-west alley lying south of Kalorama Street between Turnock Street and the first North-South alley east of North St. Louis Boulevard. Subject to rights-of--way, easements, covenants, and restrictions of record. and this property has Tax Key Numbers 18-5034-1224 and 18-5034-1225, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et se ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1- 12.1, et sec ., 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 and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed 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 fords that the petition for real properly tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1:1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and fords 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. 2 SECTION III. The Common Council also hereby determines and fmds 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 N. The Common Council hereby determines and fmds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council duects the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana -Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. 3 SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Counc ~ ' //'~++Y~i~ ', d'`• ( '~ , cif c;'.~~ 6~'Qi~l~~il~ uCit~il Qi~ Uil~ I.r%J~Gs . , PP,E5E1~iTE93 ~,, ~ --l L-J NQT APPROVE 4 ~10~~'~ ~~i~C@ ~il~d In SEC ~ p 2~~~~ dor P: ~lG~~ry~, k~l. ~a~OPTrr~,' ~~ 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 5741235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT JEFFREY `! GIBNEY EXECUTIVE DIRECTOR December 10, 2008 Council Member Derek Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Northeast Neighborhood Revitalization Organization, Inc. Weiss Homes, Inc. Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by the Northeast Neighborhood Revitalization Organization, Inc. and Weiss Homes, Inc. to build two single-family homes at 719 and 725 Turnock Street. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build two single-family homes at a cost of $140,000 each. The project meets the qualifications fora (5) five-year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, January 12, 2008. 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 235-5835. Sincerely, ~~r / h'~~4.~t~t Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeffrey Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL HC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 EuzAaeTe LEONARD FAx: 574/235-9697 574/235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT ,JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: Northeast Neighborhood Revitalization Organization, Inc. & Weiss Homes, Inc. DATE: December 10, 2008 On December 8, 2008, a petition for residential tax abatement consideration for real property located at 719 and 725 Turnock Street was filed with the City Clerk by the Northeast Neighborhood Revitalization Organization, Inc. and Weiss Homes, Inc. Pursuant to Chapter 2, Article 6, Section 2-77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-l .1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION The Northeast Neighborhood Revitalization Organization, Inc. and Weiss Homes, Inc. intend to construct two 1,300 square foot, single-family, owner-occupied homes. Each home will have three bedrooms and two to two and a half bathrooms plus a two car attached garage. The homes will have basements which may be finished or unfinished depending on the buyer's preference. The cost of the two homes will be approximately $140,000 each. Total taxes to be abated during the (5) five-year abatement period for one home are estimated at $6,060. Total taxes to be amid during the (5) five-year abatement period for one are estimated at $1,948. Total taxes to be abated for the two homes are estimated to be $12,120. Total taxes to be paid for the two homes are estimated at $3,896. The homes are not located in the residential TIF district of the Northeast Neighborhood Development Area. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMEN'T' 574/235-9660 574/235-9371 EuzeseTe LEONARD FAx: 574/235-9697 574/235-937] South Bend Redevelopment Commission RE: Northeast Neighborhood Revitalization Organization, Inc. & Weiss Homes, Inc. December 10, 2008 Page 2 ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the Northeast Neighborhood Revitalization Organization, Inc. has not been associated with or been granted any previous tax abatements. Weiss Homes has been associated with the following abatements which were granted to Kendall- Weiss, LLP. Term/Ty e~ Resolution No. Date 5 year real property 3828-08 January 28, 2008 5 year real property 3810-07 November 11, 2007 5 year real property 3788-07 September 24, 2007 5 year real property 3697-07 February 12, 2007 5 year real property 3551-06 January 9, 2006 5 year real property 3494-OS July 25, 2005 5 year real property 3481-OS June 27, 2005 5 year real property 3398-04 October 25, 2004 5 year real property 3352-04 July 12, 2004 2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Northeast Neighborhood Development Area, which is a Tax Incremental Allocation Area; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is required. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications fora (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction. 5 YEAR 19-Dec-08 Northeast Neighborhood Revitalization Organization, Inc. & Weiss Homes, Inc. South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (% AV of cost) 85.0% LAND Value 10 000 Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value X140.000.00 , Total Taxes Tax Abated** Tax Paid*** 119,000.00 119, 000.00 119, 000.00 10,000.00 N/A N/A 129,000.00 119, 000.00 119, 000:00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (28,350.00) (28,350.00) (28,350.00) 52,650.00 42,650.00 42,650.00 Less Maximum Abatement Deduction N/A N/A (42,650.00) Less Non-Abated Amount N/A 0.00 N/A Plus Land Assessed Value N/A N/A 10,000.00 Net Assessed Value 52,650.00 42,650.00 10,000.00 Proaertv Taxes: Assume constant tax rate of 4.3592% 4.3592% 4.3592% Gross Tax (tax rate x net assessed value) 2,295.12 1,859.20 435.92 Less State & County Homestead Credit: 0.4625% (243.51) (197.26) (46.25) Tax Due Before Circuit Breaker 2,051.61 1,661.94 389.67 Less Circuit Breaker Credit (449.98) (449.98) 0.00 Net Tax 1,601.64 1,211.97 389.67 Circuit Breaker Cap Circuit Breaker 1.0000% 1,290.00 1,190.00 1,290.00 Debt Service 0.5919% 311.64 252.45 59.19 Circuit Braker Cap 1,601.64 1,442.45 1,349.19 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 52,650.00 1,601.64 1,211.97 389.67 2 52,650.00 1,601.64 1,211.97 389.67 3 52,650.00 1,601.64 1,211.97 389.67 4 52,650.00 1,601.64 1,211.97 389.67 5 52,650.00 1,601.64 1,211.97 389.67 5yeartotals: 8,008.18 6,059.83 1,948.35 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. '"*Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION WEISS HOMES LAND* BUILDING** TOTAL Year1 $668 $111 $779 Year2 $668 $111 779 Year 3 $668 $111 779 Year 4 $668 $111 779 Year 5 $668 $111 779 Total $3,340 $555 $3,895 *Current tax levy **Additional tax revenue from new investment ~% °"''~. STATE~e•Eft~T OF BEi~EFITS a~``~~~ REAL ESTATE II~PROVEtIfiEf'~TS F` State Form 51767 (R2 / 1-07) '' ~ ~° Prescribed by the Department of Local Government Finance l~l~ This statement is being completed for real property that qualifies under the following Indiana Code (check one box): ~ Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-4) ^ Eligible vacant building (IC 6-1.1-12.1-4.8) 20 08 PAY 20 09 FORM SB-1 I Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be filed with the County Auditor by the later of.• (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF-1/Real Property annually to the application to show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.1(b) and IC 6-1.1-12.1-5.3Q)J 5. The schedules established under IC 6-1.1-12.1-4(d) for rehabilitated property and under IC 6-1.1-12.1-4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000. ~. Name of taxpayer Northeast Nei hborhood Revitalization Or anization, Inc. Address of taxpayer (number and street, city, state, and ZIP code) 803 Lincoln Wa West, South Bend, IN 46616 Name of contact person Telephone number E-mail address Philli E. B rd 574 289-1066 hilb sbherita e.or .. 4' - Name of designating body Resolution number City of South Bend Common Council Location of property County DLGF taxing district number 719 & 725 Turnock Street St. Jose h Description of real property improvements, redevelopment, or rehabilitation (use additional sheets i(necessary) Estimated start date (month, day, year) Two vacant properties will be developed into 2 new single-family residential homes. The 02/01/2009 two new lots will include Lots D and E of Turnock's Subdivision of a part of Turnock and Estimated completion date (month, day, year) Mack's Addtion to the Citv of South Bend and Dart of a vacated alley. © 04/30!2009 • • . ~ • •.•• ~ •. _ ~~ .fir,;'. Current number Salaries Number retained Salaries Number additional Salaries NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values 0.00 10 400.00 Plus estimated values of proposed project 280 000.00 Less values of any property being replaced Net estimated values upon completion of project 280 000.00 ~ • . ~ • - . ~ Estimated solid waste converted (pounds) Estimated hazardous waste converted Other benefits ! ~ ~ `~ ~St ~ ~.! ~ ^ b t 6 , t` 6sl F1 ~ , Not applicable. ---::.~- •~~ ~;~ t~ I hereby certify that the representations in this statement are true. Signature of authorized represent 've Title Date signed (month, day, year) ra- ~ ~ zoos Page 1 of 2 ;> :, ;rc) 2 t~.~- t).' i~~ d1~tcj~i\i'6`J~] ac)cTi T We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years ' (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ^ Yes ^ No 2. Residentially distressed areas ^ Yes ^ No 3. Occupancy of a vacant building ^ Yes ^ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years` (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title o/authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body ' If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the Ciry of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et sea., and South Bend Municipal Code Sec. 2-76 et se .for this petition states the following: 1. Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): This tax abatement Uetition includes 2 undeveloped lots being Lots D and E of Turnock's Subdivision of a part of Turnock and Mack's Addition to the City of South Bend and a Dart of an alley to be vacated These lots will be subdivided into 2 new lots for the construction of 2 new single family homes (See attached Exhibit "B" - Sheet 3 of 3). This urban infill redevelopment project will be located on +/-0 29 acres The homes will be +/ 1,300 square feet excludine basements and will include 3 bedrooms 2 to 2 1/z bathrooms and an attached two car earaees. Residential infill develoument within existing city neighborhoods is vital to the city's growth and it a key obiective within the Citv Plan. 2. Estimate the dollar value of the construction project (do not include land cost): 280 000. 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest Northeast Neiehborhood 803 Lincoln Way East 100% Revitalization Oreanization, Inc. South Bend IN (Current Owner) Weiss Homes. Inc. 828 East Tefferson Boulevard 100% South Bend IN 46617 (Contingent Owner) 4. The commonly known address of the Property is: 719 and 725 Turnock Street, South Bend IN 46617 and having tax key no.: 18-5034-1224 and 18-5034-1225 (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Properry(s) is attached hereto, marked Exhibit A, and is incorporated herein. A map and/or plat indicating the location of the Properry(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. The current assessed valuation of the property before construction is 10 00 (use additional sheet for multiple addresses). ($3,000 for parcel #1&5034-1224 and $7,400 for parcel #18-5034-1225) (This information may be obtained from the St. Joseph County Assessor's Office, 235-9523). 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): 2006 taxes paid 200? 2005 taxes paid 2006 For Qarcel #18-5034-1224 = $0 billed and $0 paid $121.04 billed and $121.04 paid For parcel #18-5034-1225 = $293.09 billed and $293.09 paid $254.20 billed and $254.20 paid Totals = $293.09 billed and $293.09 paid $375.24 billed and $375.25 paid T_ otal taxes Uaid for both parcels for 2007 and 2006 was $668.34. (This information maybe obtained from the St. Joseph Cottnry Treasurers office, 235-9531) 10. What is your best estimate of the after completion market value of the property: 280 000. 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may. be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development fiends from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: This abatement is beine sought in order to develop vacant oroberties within the Cirv. The abatement will aid in attracting residents to this area which in turn will increase the City's population and tax base. Also, such infill development has the potential to spark further redevelopment efforts within the Near Northeast Neighborhood. This neighborhood has recently experienced a renewed interest in redevelopment over the last several tears. 14. The current use of the property is vacant sinele-family residential lots and the current zoning is SF-2 (use). (This information maybe obtained from the Building Department 235-9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): Northeast Neighborhood Development Area 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name Derek J. Spier, AICP, Abonmarche Consultants. L.L.C. Address 750 Lincoln Way East City, State, Zip South Bend. IN 46601 Telephone (574) 232-8700 WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): Northeast Neighborhood Revitalization Organization, Inc. 2 By: Q '~'~ (Signat<ire) Phillip E. Byrd, Executive Director, South Bend Heritage Foundation Typed or printed name and capacity) DEC - ~. f ~`,, JGiad 'd00F! :kF ------__ EXHIBIT "A" APART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS D AND E OF TURNOCK'S SUBDIVISION OF A PART OF TURNOCK AND MACK'S ADDITION TO THE CITY OF SOUTH BEND AS RECORDED IN PLAT BOOK 9, PAGE 82 IN THE OFFICE OF RECORDER OF SAID COUNTY. ALSO INCLUDING THE NORTH 7 FEET OF A 14 FOOT WIDE ALLEY BEING THE FIRST EAST- WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD. SUBJECT TO RIGHTS-OF-WAY, EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD. f 1 fit 7 7 ~ °~ ~ ~tIS l:: 1:S ~l~sif~:. 'M.:•~ia~v SEC - _~;~~ .. r, iV1 FRV~-_ F:\Projects\M8-0883\Tax Abatement\legal description -exhibit A.doc Map of 719 Turnock St South Bend, IN by MapQuest ~ ~. , EXHIBIT "B" -LOCATION MAP (SHEET 2 OF 3) 719 & 725 TURNOCK STREET Page 1 of 1 A: 719 Turnock St, South Bend, IN 46617-1943 ~, Need help on the go? Get Voice Activated Directions for free. Call 1-800-FREE411 (1-800-373-3411). .... ;r MAQQIIEST. ,.__.. _. _easmye7--"' D~EOOm tt `_, ~'~ ~ i Napoteon_6Nd ~ ~-- -z -..- `z y?~ 31 93 ~ -- _i ~ - '% - ;;~ `. I I I ,f ~~ I ~ _ I cn_ .. St.VInC _ 5t ~ "~' vlncent tt _ - - i HoKat>, St ~ _~, _ z ,_ ~ ~? '~ i I 1rjoGvard St` •` - _, ., ; a N 1 -.~~ ~ '~ ;Corby Bty_d ,^, :~ ID_ 1 ~ --~_ r- --- -- Corby B J _. __ 31 93 i ~ `~~ , ~ (Z--1 ~ --Coqulltard Park `r ~._ _. I '~ 'Al~ond i~t I I a I ~ ~ _ _. _ ' ~ ' , , r;,~scent Ave ~~~ _ .- I ~ ; L ~ ! Bissell St_ i ' ~ ` South Bend' ` a?''Q%~__-~ I_ I ~_ !~_ 1 L$orlnst I __ =i ---__-- a.- 1'-0 ~ Marlon St (I - _ ~ - ------. __ - ..' -- ~~ ------ - r ~~ 1 i ;_ ~~ ~~~ o~. Ii ' ~ St Joseph ~ _. i ~ ~ ~ `~ - --F~~'e . dlso t E Madkson ~ I ' ` Re~lona! r*--- . -__ -- f ' - -~ . ---- ----, - - Csntcal_ ~ • (1 ] MCKmE°Y Av_e'' -- ---- i' - i ~ C}. I i 1 Salle e _ i _E-La Salle Ave I ; t T ~ ~ E La Salle Ave _`z~ ~~~ N - it - -- -~- I ~I ~~~,,` -' ~ II ~ 6: e. _ ~ ~,'w 1 E Colfax Ave ! _ ~ ~ `z I `_ ~ _ _ !~ E Cofax Ave ~ ~ _~ ~ ~~ O2Q08ftapQuest•1~. i ~ = g. i ~ ~Q Iv1aa'Data ®2ilO8NtvTEQ orTeleAY,as All rights reserved. Use subject to License/Copyright Map Legend Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shalt not be liable to you for any loss or delay resulting from your use of MapQuest. Your use of MapQuest means you agree to our Terms of Use http://www.mapquest.com/maps?city=South+B end&state=IN&address=719+Turnock+St&zipco... 12/5/2008 (12/11/2008) Robert Mathia - 20081209131244356.pdf SrI~E'- ~~ CS ~I (~ICHI -OF -\NAY VACP, TION --- SITE PLAN & i~ PROPOSED MINOR SUBDIVISION i INCLUDING LOTS "D" & °E" OF TURNOCK'S SUBDIVISION & THE NORTH 7' OF ADJACENT ALLEY I PORTAGE TOWNSHIP, ST. JOSEPH COUNTY INDIANA ~'~'~ ~ E S LOT "D" c`; "E" L NOP,TH 7 FEET Of ADJACENT ALLEY 72,702 S0. FT. (0.29 ACRES) C d ~- W L~ J e J ~ Q 0 ~. o ~„ o Z C C C ~ ~ ~; I ~ ~~ ~' I i 5.0' I N90'00'00"E 146.OU' ~ ~ :i S IDE YARD SETBACK Y Y Z < m _ 23 T ~ '~ 2R.3' 9.0' ~ U o b < 3 . ~ 4' ~ ci o i L• ~ 10.0' " -e~ I - r z3 r l.c' 7"L5 TURNOGK c I G ' •~, 26.0 o N OLD LOT LINE ~ ~ O.Ta G ~ JE.7~ ~, _ . __ _ _ _ . _ _ _ 2S_\ _ - fV - ~ 5' SI UE YARD SETBA CK b ~I I :~ I- ~. 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I I ~ ~ -/.7G7 Q 4-/253 ~ ~ ~~-//99 _ L - Lz ~ ~ .3-/35G g m ~-_~~~e'd g-/zs¢ ` /3-/zoo 20-~~ /~ _ .~ _ + ~ ~O 18-5036 ~ /4-/20/ /9 /?O' a ias __- j57 ~ ~ ~ ¢ _/~G9 G pt.1343.0/ N ~ /~5B ~ - - - ]-/2,g6 /Jr' -/202 /B-/.2iG P1.5.99 a `~ - o B-/?57 ~ /~o-/2C13 /I ~2~1 ` t-f----- w o -5 ~ co ~ ~ -/z7i 47--/z~9 $ ~ $34-/siz 7-/zi9 ' ~ I ~-/3G.2 ~ ~ -/z72 I ~ I ~ ~ 93-~z/ F -/2i g2 n ~ ~W 14 . n ~` Vne /° I ~ /r e. ~ „~0• ~ nT ~~ 18-5038 V PT 1346 365~6'S ~~~Gr.°e X349 ~~ ~~!`~~ i~ D' ~~~ - %3/3 ~ V _ - -/9/ - w 07 -/315 oy'~ „%24 ~~ „ ~ /~ C : ~ I - - 9~ ~ G . 78/9 ~ 7 : o I , T37,y.~, (ZzE ~XH-I IT~ e~r~ae~ cn~ ~ l o F za ., ,,,,~ Lsc+ r 3 ° /• s' 82.5 Mlolujnl~l -50 3~ v T n 50 ~~ /9'//G7 ~ ~ 'v' 4~~~ ~L?~~ L? •aae N ry ~ _~~7~~ '/"~°~~ ~ 18-50 0 Q . /C/Y/ ~~ ~l B ~ r. p /'~' U -/Of9 -iaso.oi -/o5z _io53 • 7 i:s. -/054 -/osG _ . -~m/~-- ./05G.°/ -~f.?-. -/oss -ios7 _ --.sr-'- -/055.0/ ./os~o/ -/058 18_5 -/oco 0 -/06/ ~~ 59-- _ -/OG3 I -//2G.0/ w $ ~ N Pik /~0 ~ -//2G -fir ~ O -ioa7 _ sesl.4 -//27 -/oae . 4 W I -//30.0/' ~ ~ -/OG9 _r ~/_. 94L----- z '~ -P~ f7N o~~/7 -//.?9 1 "i^./070 Ob NI ti -a aN s ~~ -//30 8'.1.$ ~ _/070.0/ I ~ o", ~ I/ ~ s 294.ld y $ zn ~~ 3~ Bo-_J - a ,~ () Pao=oL~,a~Pr4 P.~c,~~ont5. ~. 0 ~ GSEE. E-~i/SiT '~G~~~ III m _ ~. - ~ m Tr w hu i a~~~ ~~s""~ o n~ ~ n ( ~ ~ N n .. ^~ R' m e ~ .~z 3 IS.S d! ~~hihj~ "C" -Site photo ~~ ~, ,- . ~,, ~ YV~^ AE~ /i phs r. . , ;.~~ r ~, r ~~ i.,~ *. ib» ,a~~ .~ ~ ~ .. '-~ u.,w~i. a ;,A ~~ ~~`w`irT " 0.` ~e4,~* I~1 rPhot graph 1 -Looking Northwest from~the Southeast Corner of Lot E of Turnock's Subdivision (719 Turnock Street). ~~ C `a ~~._._.-~._ ~"v ` ~ C iu Rr+ - ~ (E:- 1 . c, {',•. ~ ~ ! ~a I ^- c;.: - ` I ~~ '~ i~.; Pictures taken on December S, 2008. (See Exhibit "B "for locations of pictures.) Photograph 1-Looking Southwest from the Northeast Comer of Lot D of Turnock's Subdivision (725 Turnock Street). 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574! 235-9371 FAx 574/235-9021 TDD 574! 235-5567 CITY OF SOUTH BEND STEPHEN ,J. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT .JEFFREY V. GIBNEY EXECUTIVE DIRECTOR January 7, 2009 ~ ~ ~~ ~ , ~~ -~~~ South Bend Common Council Fourth Floor Council Chambers 400 County-City Building South Bend, IN 46601 Dear Council Member: The attached bill for your consideration and approval will approve the Interlocal Agreement between South Bend and Mishawaka for the widening of Douglas Road. Financing for this project is in part coming from a loan from Mishawaka in the amount of $1,150,000. This loan will be repaid over 20 years with 5% interest from TIF revenues generated by development in the Douglas Road TIF area. Mishawaka will also provide $250,000 for payment of project expenses directly related to Mishawaka. City of South Bend Major Moves funds in the amount of $1,000,000 and $700,000 of South Bend Sewer Capital will also be used to fund this project. The Major Moves funds are to be reimbursed with 5% interest from the area's TIF revenues. You may recall when this TIF area was established it was for the purpose of stimulating development and to pay for the widening of Douglas Road which was necessary to spur the development. I, will make the presentation to the Council at your January 12th meeting. If you have any questions, please call me at 235-9339. Sin rely, -~ .-,~~ Donald E. Inks Director Economic Development cc: Jeff Gibney F((ed In G(erk'~ Of~(ce JAN - 7 2009 JONEV VOORDE C(T(CE.ERK, S0. BEIdD, IN. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYEA DONALD E. INKS 574/235-9660 574/235-9371 FAX: 574/235-9697 FINANCIAL & PROGRAM ~~ MANAGEMENT ELIZABETH LEONARD 5741235-9371 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF MISHAWAKA, INDIANA CONCERNING THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS TO DOUGLAS ROAD WHEREAS, Indiana Code § 36-1-7-1 et seq. ("Interlocal Cooperation Act") provides that a power that may be exercised by an Indiana political subdivision and by one or more other governmental entity may also be exercised by one or more entity on behalf of the other or jointly, upon the entities entering into a written agreement that has been approved by proper resolution; and WHEREAS, the City of South Bend ("South Bend") and the City of Mishawaka ("Mishawaka") are each municipal corporations existing and operating as political subdivisions of the State of Indiana as defined by Ind. Code § 36-1-2-13 and are authorized enter into a interlocal agreement pursuant to Ind. Code § 36-1-7-4; and WHEREAS, Mishawaka and South Bend now desire to enter into an agreement providing for road improvements on Douglas Road at the corporate limits of the cities of South Bend and Mishawaka ("Project") which agreement is attached hereto and incorporated herein as Exhibit "A "; and WHEREAS, the Agreement meets the requirements of Ind. Code § 36-I-7-3. NOW, THEREFORE, AND IN ACCORDANCE WITH THE AUTHORITY GRANTED BY THE CITY OF SOUTH BEND INDIANA, UNDER INDIANA CODE §36-1-7-1 ET SEQ., BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF-SOUTH BEND, INDIANA AS FOLLOWS: Section 1. The Common Council of the City of South Bend has considered and hereby approves and ratifies the Interlocal Agreement By and Between the City of South Bend, Indiana and the City of Mishawaka, Indiana related to the Douglas Road Project that is attached hereto as Ezhibit "A ", and authorizes the Mayor or the City Controller to execute the Interlocal Agreement on behalf of the City of South Bend. Section 2.. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 'Qs.~.-~ ~J _'0 ~ ~-~a-v 1 t1 Member, South Bend Co ~ E~ c~~i:1'~'~ ~$fiCe F'REcENTEl7 \ v ~~ -~ ~ ~ ~ f . 9 5 ~ i ~ __ ~~;~->~. ;aQi ~avcc ~,% ~ .~ y~. J ' `' , (_....~ 1.. ~:~ ~~a~ JA~d - 7 2009 .~CP~r'Yr~ ~~TisitaY3 E:e,r6~".~,iu ~)3 [:iC~+ i'~~~vr aonrlveos~e CITY CL><RK, SQ. 6Et~D, Ild. EXHIBIT "A" INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF MISHAWAKA, INDIANA, AND THE CITY OF SOUTH BEND, INDIANA (Douglas Road Project) THIS AGREEMENT, is entered into and made effective the day of 20 ~ , by and between the City of Mishawaka, Indiana, and the City of South Bend, Indiana. RECITALS WHEREAS, the City of Mishawaka ("Mishawaka") and the City of South Bend ("South Bend") are each municipal corporations existing and operating as political subdivisions of the State of Indiana as defined by Ind. Code ~ 36-1-2-13 and are authorized enter into a interlocal agreement pursuant to Ind. Code § 36-1-7-4; and WHEREAS, Mishawaka and South Bend desire to enter into an agreement providing for road improvements on Douglas Road at the corporate limits of the cities of South Bend and Mishawaka ("Project"); and NOW, THEREFORE, in consideration of the mutual promises and obligations in this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows: I. PURPOSE The Project is more generally depicted at Ex/tibit "A" attached hereto and incorporated herein. Although benefiting both cities, the majority of the project is located in South Bend. South Bend has performed extensive due diligence on the project in working with consultants prior to the execution of this agreement. South Bend has considerable experience in employing engineering consultants and administering similar construction contracts. Given the circumstances and general location of the project, Mishawaka wishes to utilize the expertise and experience of South Bend's staff and Board of Public Works in letting .and overseeing any such contracts reasonably necessary to carry out and accomplish the Project. II. PROJECT FUNDS AND DUTIES F:\.~.\Projects\BPW\Douglas Road_Interlocal Agreement_s6 Mishawaka_VZ_~31224.doc a. .Budget. The total cost of the Project is anticipated not to exceed the sum of $3.1 Million ("Project Cost") based upon actual costs incurred to date and bids received for road constriction. In general, South Bend and Mishawaka shall apportion the Project Cost as follows: South Bend $1.7 Million. Mishawaka $1.4 Million Mishawaka's share of the Project Cost shall be in the foam of a loan to the City of South Bend and direct contribution as described in Section II, below. A more detailed description of the Project budget is attached hereto and incorporated herein as E.rlribit "B" ("Source and Use of Project Funds"). b. Duties of South Bend. South Bend hereby agrees as follows: i. South Bend has retained Abonmarche Consultants, Inc., a consulting engineering firm with the expertise in design and constriction of similar projects. Working through the developer selected for the Project, Holladay Corporation, Abonmarche Consultants has prepared the plans and specifications for the Project. The plans and specifications have been shared with the Mishawaka City Engineer for review and comment. ii. To expedite the Project, South Bend has paid certain costs] which shall be deducted from South Bend's above-listed pro-rata share of the Project Cost. South Bend shall pay the balance of its pro-rata share of the Project Cost in accordance with this Agreement. iii. Subject to the Project Funds identified for the Project as described in Ex/ribit "B", South Bend shall enter into any construction contracts or make right of way or easement or other purchases reasonably necessary to complete the Project. iv. South Bend shall supervise and administer all necessary contracts with the design consultant and any construction contractor. v. The Controller for the City of South Bend shall have the duty of receiving, discharging, and accounting for all the monies of this joint undertaking and shall make payments upon authorization from South Bend's Board of Public Works. F:\.*.\Projects\BPW\Dou~las Road_Interlocal Agreement_s6 Mishawaka_V2_031229.doc vi. The Mayor or the Controller for the City of South Bend shall be authorized to execute this Agreement on behalf of the City of South Bend, Indiana. c. Duties of Mishawaka. Mishawaka hereby agrees as follows: i. Mishawaka shall pay its pro-rata share of the Project Cost to the Controller for the City of South Bend with said monies to be used in accordance with this Agreement. Such pro-rate share -shall include the following: Direct contribution of funds for constriction of 300 ft of $175,000.00 roadway located in Mishawaka Direct contribution of % cost of conduit for Metronet $75,000.00 located in Mishawaka and connecting Mishawaka from unincorporated areas Loan of funds from Grape Road TIF to Douglas Road TIF $1,150,000.00 Mishawaka Total Pro-Rata Share $1,400,000.00 ii. As condition of the loan of funds from the Grape Road .TIF, • Mishawaka agrees to accept repayment over a teen not to exceed twenty (20) years at an annual interest rate of 5% ("TIF Loan"). The TIF Loan shall be paid as first priority and there shall be no pre- payment penalty. The intent of this provision is that once South Bend makes its annual payment to Mishawaka, and such payment is current, South Bend is not barred from using funds for other purposes permitted by law. III. ADMINSTRATION This Agreement shall be administered by the Board of Public Works for the City of South Bend. Contract modification or adjustments that modify the construction cost on the project shall be subject to the approval of all parties to the Agreement via facsimile or email. Upon completion of the construction project, a final audit shall be performed by the City of South Bend. All costs in excess of the stated Project Cost shall be shared by all parties on a pro-rata basis. Changes within one jurisdiction for the primary benefit of that jurisdiction shall be paid for by the applicable jurisdiction and shall not be subject to cost sharing. South Bend shall advise all parties to the agreement of any contract modifications or change orders that modify the final construction cost of the Project via e-mail or facsimile. Upon completion of construction of the Project, a final audit shall be preformed by South Bend and presented to Mishawaka for review and approval. Any approved costs in excess of the stated Project Cost shall be shared on a pro-rata basis by the Parties. Changes within one jurisdiction for the primary benefit of that jurisdiction 4 F:\.*.\Projects\BPW1Dou~ins Road_lnterlocal Agreemen[_sB Mishawaka _V2_031229.doc shall be paid for by the applicable jurisdiction and shall not be subject to cost sharing. Both Parties agree to make payment to South Bend for the full amount of the change order(s) and supplemental agreement(s) within a period not to exceed thirty (30) days from receipt of final invoice. IV. DURATION This Agreement shall go into effect when it has been approved by the legislative bodies of the City ofSouth Bend, and the Board of Public Works and Safety of the City of Mishawaka, respectively, and the Agreement has been recorded with the St. Joseph County. Recorder. The Agreement shall terminate on the later of (i) substantial completion of the Project or (ii) 2029. [SIGNATURE PAGE FOLLOWS] 5 F:\.*.\Projects\BPW\Douglas Road_Interlocal Agreement_SB Misliawaka_V2_081229.doc Date: , 20_ CITY OF MISHAWAKA, INDIANA BOARD OF PUBLIC WORKS AND SAFETY ignature Crary est, resi ent Date: , 20_ CITY OF SOUTH BEND, INDIANA ignahrre rime mne an it e (Signatatre Page to Interlocal Agreement By and Between City oftl~Iishativaka, Indiana and City of South Bend, Indiana related to the Douglas Road Project) 6 F:l.*.\Projects\BPW\Dougias toad Interlocal Agteement_SB Mishawaka_V2_OS1229.doc ail ~ trt Ct~rk'S ®ffi~e JAN - l 2009 J4NN V~ ~ BENC, IN. CITY CLERIC, u E.rhibit "A" ~l~~~t ~~i ~~'f'~~'~ ~~ftC~ J~P~ - 7 2009 ~iC~`~tF V9i~RC`c CIT't GL~:K, 'J. 3~.~£~, ft~. E.rfaibit "B" . Source and Use Of Project Funds Source of Funds _ South Bend Major Moves Funds Loan South Bend Sewer Capital Funds Grant ` Mishawaka Loan from Grape Road TIF Mishawaka Grant of Funds . Total Soa~rce of Fcuzrls Use of Funds Engineering Right-of Way Construction Constriction Contingency Total Use of Fcu2ds $1,000,000.00 700,000.00 1,150,000.00. " 250.000.00 $3,100,000.00 $275,000.00 298,041.00 ` 2,3.83,594.00 143,365.00 $3,100,000.00 ~t~~~' i~ ~t£~1`:~ JA~~d - / 2009 ---~---. ~JL~~ ~~o ~ C7~-c~ ~ ~ ~~~v~~~~~~~ ~~o~°~ idly sister and I have always longed to carryon our mothers dream Of one day owning and establishing our own business. We have prayed And believed that our prayers would be answered. That day came!!! We believe that 2013 Ford.St. can make the west side community a better And safer place in the city of South Bend. We are working together with Oliver Davis of 6th district council to help us meet the needs of the west side community. How can we make this happen? First we have to change the zoning from SF2 to MU as soon as possible. Next we have to go out into the community and let them know that we want to be there local convenience store, allowing them quick and easy access to a local mart where they can pay bills, get snacks, a home cooked meal made with love, as welt as buy a nice shirt for a decent price. In short all we are asking for is a chance to prove to the city and community of South Bend that there can be unity, and that if someone somewhere gives us a chance we can achieve the American dream! (If you have any questions or concerns please feel free to contact me any time or your local city council.) (574) 520-8477 Yakira Mcleod] Shelia Stroud (Owner) (574)235-59$6 Oliver Davis 6~ district council (We thank you in advance for your time and look forward To working with you to enhance our community.) ~~I~~ 0 G~~l°h'~ ~~fi~~ SEC 1 2 ZJO3 ~n'=~~'dCiiaF~E 4 N ~ (.. IEi~ Sincerely , Yakira Mcleod and Shelia Stroud ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2013 FORD ST., SOUTH BEND, IN 46619, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The current zoning is SF2. The new zoning will be MU. The reason for the zone change request is that we want to establish a convenience store for the local community; easy and convenient to travel to and buy snacks, pay a bill or even get a home cooked meal for carry out. 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: Commonly know as 2013 Ford St. South Bend, IN 46619. Legal Description: Commencing at the southeast corner of Lot #252 of Summit Place 2"d Addition Subdivision; thence west 50' +/-; thence north 40' +/-; thence east 50'+/-;thence south 40' +/- to the point of beginning. 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 Co ` cil Q ~n , ~, n~ ~-~ ~~ Sys SE.~~ ~`•i~ f~ ~` ' ~ ~ ? ~, 5 ~ 63l ~..5 a t c~ lJS! `) [ ~ ~ s e u Vi y ~ ~ ~ . , ~S G~~'2 it7i:~ci~a~t s~ 3 : .:i i~; ~ J~ Y Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the dayof , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 , at o'clock . m. Mayor, City of South Bend, Indiana 1 st ~ E4Di~1G ~ ~ 1 L- ~ G~,j~!!~ F"i`r`.~ii~~ ,~GT FO~i' 4tD4~E£~ R~~F~P.I<ED PASSED ~il~d !rt ~~~j`~~'~ f~~fic~ DEC 1 2 2008 dGYN VOOidDE CITY CL[t~K, F0. E:wt~D,1N. Date Filed Application N Date received by the Area Plan Commission 12-12-08 I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 2013 Ford St. South Bend, IN 46619 2) Name and address of property owner(s) of the petition site: Yakira Mcleod / Shelia Stroud 1134 Beale St. South Bend, IN 46616 / 1746 N. Olive St. South Bend, IN 46628 3) Name and address of contingent purchaser(s), if applicable: 4) It is desired and requested that this property be rezoned from: SF2 Single Familyand Two Family District to: MU Mixed Use District 5) This rezoning is requested to allow the following use(s): We are seeking to establish a local convenience store, that is easy to travel to and convenient for the community. 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) 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; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 81/z" x 11" format. ~l~y~~ z~~`weQ.~O U --~ _ PETITION PREPARED BY: CONTACT PERSON: (If different) Yakira Mcleod, 1134 Beale St., South Bend, IN 46616 574-520-8477 ~.-_... . DEC 1 2 2008 JQEitt tr€~C3~D~ G~'Y ~~~Rf,, ~~t. ~~P~D, I?~, i ~+; ~~ ~V c-s .~.r- ~3 _~ :~ .. ~.. ' ' f ` engineers /architects /planners SHEET NO. OF- CALCULATED BY DATE CHECKED BY /~^' \ n ,r~p DATE SCALE ~ ~'1 IVUI ` ~ ~ _ _. ~ i f, ...... :.............:...........yr~ .... ,...........:. .... .... .. tl©~ ... ......_7....L....~...........~. ~C` ~ T ' . r V J~ t~~t\ ~~~ Total area: 2,000 square feet Proposed land usage: convenience store Parking spaces required: 5; Parking spaces provided:2 Buildings: 1,277 square feet 63.85% Parking: 475 square feet 23.75% Open Space: 248 square feet 12.40% Building height: One story ill ~ ~(~t`~.'~ ~fi€~L' DEC 1 2 20D~ J4FicS V0G§~Q~ ' GITY Gl~s~~, ~~. BET;7, [~d. ~®rtage ~~p 01 ~-~0~~ -0~~9. Information shown on this map Is not wartanted for accuracy or merchantability. Reproduction of this matedal is not possible without written permission of St. Joseph County, Indiana. 1 inch equals 92.052274 Data Printed: December 10, 2008 Photography:Spring 2002 N Prepared by: St. Joseph County O(fce of GIS W L+ 227 W. Jefferson Blvd. South Bend, Indiana 46601 S Phone: (574) 245-6563 icew a.u u~i~y ~ -- Rec PARCELID NAM E_1 TAXMAILADD TAXMAILCIT 1 018-4021- 0747 ORTIZ JESUS EMILIO 3 7372 N DELANY GURNEE IL 60031 018-4021- WEST SIDE DEMOCRATIC 2 0748 AND CIVIC CLUB 617 S WARREN ST SOUTH BEND IN 46617 018-4009- FERNANDEZ JOSE & ARCOS 3 0302 MARTIN 718 S CARLISLE ST SOUTH BEND IN 46619 018-4021- ABRAHAMS JOHAN & BERRIEN SPRINGS MI 4 0739 ABRAHAMS URSULA 109 ST JOSEPH AVE 49103 5 018-4009- 0298 ZETINA JUAN 708 S CARLISLE SOUTH BEND IN 46619 6 018-4008- 0266 GADACZ KENNETH J 709 S WARREN ST. SOUTH BEND IN 46619 018-4008- GARCIA JAMES D & 7 0272 JACQUELINE J 721 S WARREN ST SOUTH BEND IN 46619 8 D18-4008- 0273 MONIQUE INC'NOTE MISC %THE OMEGA GROUP 3019 S MICHIGAN ST 9 018-4007- 0246 MAYFIELD HAROLD & ETHEL 721 GRANT ST SOUTH BEND'IN 46619 018-4009- PHOUTPANNHA SYPHONE & 1 0 0296 BOUA 706 S CARLISLE ST SOUTH BEND IN 46619 1 018-4007- 1 0239 BILLER THOMAS H JR 3306 VERMONT PL SOUTH BEND IN 46619 1 018-4008- 2 0265 KIDD TERRY & LEEANN 2014 W FORD ST SOUTH BEND IN 46619 018-4007- HABITAT FOR HUMANITY OF 13 0236 ST JOSEPH COUNTY 402 E SOUTH ST SOUTH BEND IN 46601 14 018-4007- 0237 BILLER THOMAS H JR ~ 3306 VERMONT PL SOUTH BEND IN 46619 018-4008- KLOSINSKI LEONARD AND 15 0270 SHIRLEY 717 S. WARREN ST. SOUTH BEND IN 46619 016-4008- 18644 BROWNSVILLE CASSOPOLIS MI 49031- 16 0267 PRESTLY JAMES ROAD 8538 018-4008- ORELLANA CARLOS 17 0271 PROBLEM DEED 722 S WARREN ST SOUTH BEND IN 46619 18 018-4007- 0244 BOREK STANLEY J & ROSE M 717 S GRANT RD SOUTH BEND IN 46619 018-4007- 19 0245 • BORKOWSKI BETH ANN 720 S GRANT RD SOUTH BEND IN 46619 0 20 0 18-4021- 732 VILLANUEVA LINDA M 5 34 S CARLISLE SOUTH BEND IN 46619 21 018-4021- 0733 KSIEZOPOLSKI JOHN E & EUGENIA 5017 SUNNYFIELD PL SOUTH BEND IN 46619 22 018-4021- 0734 HARDMAN LYNNE M 536 5 WARREN SOUTH BEND IN 46619 23 018-4008- 0268 TORRES NICOLAS & SYLVIA 713 S WARREN ST SOUTH BEND IN 46619 24 018-4009- 0300 BOTELLO ANTONIO & PAULA BOTELLO'MISC 14914 DOUGLAS RD MISHAWAKA IN 46545 25 018-4008- 0269 DISCAVAGE JAMES M 13430 MADRON LAKE RD BUCHANAN MI 49107- 9382 26 018-4007- 0242 BOREK STANLEY J & ROS ~M 717 S GRANT RD SOUTH BEND IN 46619 27 018-4007- 0243 SWOVELAND JAMES P & VICKI L 714 S GRANT ST SOUTH BEND IN 46619 28 018-4007- 0241 LENTYCH EMILY M AS TRUSTEE OF THE EMILY 710 GRANT SOUTH BEND IN 46619 2 018-4007- 9 023601 YOUNG RONALD & MARY 705 S GRANT SOUTH BEND IN 46619 3 018-4017- 0 0606. ALCANTARA CARLOS ~r~j\ 6ti5 S GRANT ST SOUTH BEND IN 46619 3 1 018-4021- 0738 ORTIZ MARCELO M 606 S CARLISLE ST SOUTH BEND IN 46619 018-4021- HERNANDEZ JUAN S & MARIA 32 0740 M TRUSTEES OFT 606 S WARREN SOUTH BEND IN 46619 018-4017- 33 0602 LAGUNA MATILDE 605 GRANT STREET SOUTH BEND IN 46619 018-4017- GADACZ BERNARD J. AND 531 S GRANT ST SOUTH BEND IN 46619 34 0603 ELIZABETH A. 018-4021- KOWALSKI HARRY S & 56680 S HOLLYWOOD 35 0749 JAMES L JT W/EROS NOT BLVD SOUTH BEND IN 46619 36 018-4017- 0608 ALCANTARA CARLOS 615 S GRANT ST SOUTH BEND IN 46619 37 018-4017- 0609 KOWALIK ENTERPRISES INC 2236 MILLER CT MISHAWAKA IN 46544 38 018-4009- 0294 GALVEZ BERNARDO 702 CARLISLE SOUTH BEND IN 46619 3 018-4008- 9 0260 ROMERO ELIA 2110 FORD ST SOUTH BEND IN 46619 0 18-4008- WEST SIDE DEMOCRATIC.& ~ 6 17 S WARREN ST SOUTH BEND IN 46617 40 0 261 CIVIC CLUB 41 018-4008- 0262 NZIOKA ENIDJOY KARIMI 2102 FORD ST SOUTH BEND IN 46619 018-4008- WEST SIDE DEMOCRATIC & 42 0263 CIVIC CLUB '~ 617 S WARREN ST SOUTH BEND IN 46617 018-4008- SIMPSON TIMOTHY & 43 0264 GROCKE MICHAEL L AS JO 2016 W FORD ST SOUTH BEND IN 46619 44 018-4021- 0744 PIECHOCKI ELIZABETH 616 S CARLISLE SOUTH BEND IN 46619 018-4021- 614 S WARREN BETE LAND 45 0746 TRUST 3505 LWE MISHAWAKA IN 46544 018-4021- THOMAS STACIE *PROB 46 0745 DEED* 613 S WARREN SOUTH BEND IN 46619 018-4017- STACHOWIAK FLORIAN H 47 Ofi07 AND TERESA I 616 S GRANT ST SOUTH BEND IN 46619 018-4021- CERVANTES ANDRES & 48 0741 MARIA DEL REFUGIO 610 S CARLISLE ST SOUTH BEND IN 46619 4 018-4021- 9 0742 BROWN WILL J 609 WARREN ST SOUTH BEND IN 46619 5 018-4017- 0 0605 S(ECZKAREK TERESA 616 S GRANT ST SOUTH BEND IN 46619 018-4021- HERNANDEZ JUAN S *PRO 5 1 0743 DEED` 606 S WARREN SOUTH BEND IN 46619 52 018-4017- 0604 KLOTA THERESA 613 S GRANT ST SOUTH BEND IN 46617 018-4021- COSTILLA HORTENCIO & 53 0735 CIRO 602 S CARLISLE ST SOUTH BEND IN 46619 018-4021- GOODMAN JACK D & STACEY 54 0736 D GOODMAN 10379 EDISON RD OSCEOLA IN 46561 55 018-4021- 0737 MILLER JEFF 2627 S MAIN SOUTH BEND IN 46617 56 018-4017- 0600 TAPIA RIGOBERTO & NERIDA 53821 AUGUSTINE DR SOUTH BEND IN 46628 57 018-4017- n6m SCHNEIDER RONALD J 16321 COLORADO ST HEBRON IN 46341 018-4017- IFEL OWSH P I~NCORPOR 16526 BLACKLAKE RD EAU CLAIRE M149111 n~catt 018-4017- SELECT PORTFOLIO 59 0599 SERVICING INC PO BOX 551170 JACKSONVILLE FL 32255 018-4021- 60 0729 RIFFLE LINDA 1442 MATTHEWS LN SOUTH BEND IN 46619 018-4021- 61 0725 RACKLEY RAY 522 S WARREN ST SOUTH BEND IN 46619 018-4021- 10801 LOCKWOOD DR 62 0730 KH FUNDING COMPANY. SUITE 370 SILVER SPRING MD 20901 018-4021- 63 0731 HERNANDEZ MARIA A MISC 530 WARREN ST 5OUTH BEND IN 46619 018-4017- GADACZ BERNARD J & 64 0596 ELIZABETH 531 S GRANT ST SOUTH BEND IN 46619 018-4017- WIERZBICKI JOHN FRANCIS & SOUTH BEND IN 46680- 65 0597 ANN MARE P O BOX 10076 0076 018-4021- 525 SOUTH WARREN 66 0727 ZAVALA JOE & SYLVIA STREET SOUTH BEND IN 46619 018-4021- 67 0728. RANGEL ALVARO & M ELENA 526 S WARREN ST SOUTH BEND IN 46619 018-4017- HARR DOROTHY M & ANITA M 68 0594 NICHOLS 527 S GRANT ST SOUTH BEND IN 46619 018-4017- LANGEL GREGORY & 69 0592 CAROLE 523 S GRANT ST SOUTH BEND IN 46619 D EC ~ 2 208 J9r,'fd VO4~Gc" GfTY CLF??I(~ SSG. u'S:~FD, Inl. <<~ ~~. bZ-~~ ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 744 SOUTH MAIN STREET, COUNCILMANIC DISTRICT SIX (~ IN THE CITY OF SOUTH BEND, INDIANA The property at 744 S. Main St. is currently zoned L-I (Light Industrial). This petition seeks a re-zoning to MU (Mixed Use). The purpose of the proposed re-zoning is to allow the petitioner, Our Lady of the Road, to give overnight stay to a small number of people (no more than ten) in relation to the program known as "Weather Amnesty" whereby people with nowhere to stay are housed on an emergency basis by social agencies and ministries. 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: So. 31' Lot 5 and All of Lots 6, 7, and 8 Inc. E and W Adj. Vac. Alley Bet. Lots 5 and 6 C. Wadhams 1St Add. be and the same is hereby established as MU (Mixed Use) 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: City Clerk ' -~,~ `` •~ ,;.: ,, : -_ .:ash ~1d Cc~nc~! ~cw~~ ~n i~u ~~~.:V, . 2 Presented by me to the Mayor of the City of South Bendm Indiana on the day of , 2009, at o'clock .m. City Clerk Approved and signed by me on the day of , 2009, at O'clock .m. Mayor of the City of South Bend, Indiana 3 erg ~:~, ..,...~. ~?.SSED l?il~d In Glerk'~ ®~b~e ,lpN - 6 2009 d0liN V04RDc Cl1Y CLI:RY, S4. BEPIQ, Ifd. PETITION Date Filed Application No. Date received by the Area Plan Commission We the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requeested. - 1) The property sought to be rezoned is located at: 744 South Main Street South Bend, IN 46601 2) Name and address of the property owner(s) of the petition site: Our Lady of the Road, Inc. P.O. Box 4375 - South Bend, IN 46634 In alease-to-purchase agreement with 744 South Main, LLC c/o P.H. Mullen \ 953 Terra Bella Ave. \ San Jose, CA 95125 3) Not applicable 4) It is desired and requested that this property be rezoned From LI (Light Industrial) To MU (Mixed Use) 5) This rezoning is requested to allow for the following use(s): This rezoning is requested to allow the petitioner, Our Lady of the Road, to give overnight stay to a small number of people (no more than ten) in relation to the program known as "Weather. Amnesty" whereby people with nowhere to stay are housed on an emergency basis by social agencies and ministries. 6) Attached is a copy of the (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of the names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; (f) a location map, if available, drawn to scale, which includes street names, printed in 8.5" x 11" format. 2 Signature(s) of the Property owners(s) Michael Baxter, President, Our Lady of the Road Charles Wilber, Treasurer, Our Lady of the Road Margaret Pfeil, Secretary, Our Lady of the Road PETITION PREPARED BY: CONTACT PERSON: Michael J. Baxter Same Our Lady of the Road P.O. Box 4375 South Bend, IN 46634 (574) 514-8859 mi tbaxter~a, gmail. com ~i~~~ lti ~~~~6t'~ ~~~~~~ JAN - 6 2009 J4Ht1 ESQ. BEND, lii. CftY CLEi~.~, LEGAL DESCRIPTION OF TAE PROPERTY So. 31' Lot 5 and All of Lots 6, 7, and 8 Inc. E and W Adj. Vac. Alley Bet. Lots 5 and 6 C. Wadhams 1St Add. Fii~~ i~ ~1~~i~'~ ~##i~~ JAN - 6 2009 ,lul<PIV`gG E Ply, Ifia. CfTY GLEt~~.,~ STATEMENT OF PURPOSE AND INTENT This petition, pertaining to a property zoned LI (Light Industrial), seeks a rezoning to MCJ (Mixed Use). It is made in concert with a petition to the Board of Zoning Appeals, seeking a special exception for use as a "group residence." It seeks a rezoning so as to allow Our Lady of the Road, anon-profit charity serving homeless people in downtown South Bend, to provide emergency shelter in relation to the program known as "weather amnesty" whereby people with nowhere to stay are housed overnight by social agencies and ministries. This statement is divided into three parts: (1) a description of the property itself; (2) a more detailed statement of purpose and intent; (3) an explanation as to how this proposed re-zoning is consistent the general character of this district; and (4) an explanation as to how this proposed rezoning is consistent with the land-uses of this area. 1. The property in question is located at 744 South Main Street in South Bend; Indiana. The building area is 12,320 square feet situated on .97 acres, with frontage on South Main Street, just to the south of the downtown area in South Bend. The building consists of (1) a large front area with a kitchen, chairs, tables, and couches; (2) behind this, another large area for men's and women's restroom, three showers, three washers and driers, and clothes racks; (3) behind this, another large area for supplies, storage, and a small office; (4) behind this, a smaller area for use as storage; (5) adjacent to this, a warehouse area for more storage of larger items; and (6) an upstairs area which is vacant. A large parking lot (18,900 square feet) is located to the north of the building, and a side yard is located to the south of the building. 2. As regards the purpose and intent, Our Lady of the Road has been asked by several social agencies and ministries to assist in providing overnight housing to homeless people. People will be welcomed in the evening and depart early the next morning. They will be received in the front area of Our Lady of the Road (# 1, above), use the bathrooms and showers (# 2), and sleep on twin beds in the area adjacent to the office and supply room (# 3). At least two staff members and/or volunteers of Our Lady of the Road will stay over on these nights as well. This service will be provided in conjunction with the Center for the Homeless, Hope Ministries, the YWCA, Life Treatment Center, and other agencies operating as part of the Continuum for Care. The number of people housed for weather amnesty will be about ten, the same number of people not being taken in by Hope Ministries due to changes in their facilities. This will therefore not increase the overall number of people receiving overnight weather-amnesty but allow it to remain the same. Our Lady of the Road will begin functioning as the final option for overnight housing, although this order could change in response to changes regarding other social agencies and the overall situation of homelessness in South Bend. 3. As regards the consistency of this purpose and intent in relation to the character of the district in which it is located, the purpose and intent is entirely consistent with this district. Several properties in the immediate area are used for purposes similar to the 2 intent and purpose of the rezoning sought here. Specifically, to the east of the property, the Center for the Homeless uses a lot for parking the vehicles it uses in its Landscaping and snow-removal business, which employs homeless people. Also, to the east of the property, the Center for the Homeless uses a lot for gardening which also will involve homeless people. Also, to the southeast of the property, the Center for the Homeless hosts a Madison Center outlet, which receives many homeless people. Each of these efforts addresses the needs of a population similar to the one to be served by Our Lady of the Road taking in homeless people onweather-amnesty nights. Also, the work of taking in homeless people on weather amnesty nights will involve no major exterior renovations to the building or the grounds of the property, other than improvements such as installing outdoor lighting, repaving the parking lot, and repairing existing fences. 4. As regards the consistency of this purpose and intent in relations to the land uses in this area, the purpose and intent is consistent with them. Many properties in this area are zoned light industrial, but many others are zoned mixed use. Generally speaking, it is an area marked by a variety of zonings (light industrial, mixed use, and commercial), which is not disrupted by the proposed land use. Moreover, a "zoning down" from light industrial to mixed use is consistent with the future prospects of development in this area. (R~ Ir9 ~° ~~e5~~ ~ ~ ~~ Z l~~ i~ } •y V ~~ JAr1 " ° NCO n,.....~., o-,....,~~ o i. ., cp.. ..~ . Rec PARCELID NAME_1 TAXMAILADD TAXMAILCIT 018-3041- CENTER FOR THE 1 1574 HOMELESS INC 735 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- INDIANA AND MICHIGAN 2 1563 ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216 018-3041- INDIANA MICHIGAN POWER 3 155902 COMPANY P O BOX 16428 COLUMBUS OH 43216-6428 018-3041- - 4 1583 M S R REALTY INC 814 S MAIN ST SOUTH BEND IN 46601 018-3041- 5 1586 M R S REALTY INC 814 S MAIN ST SOUTH BEND IN 46601 018-3041- LEINEN ARTHUR R JR & 6 1588 BRENDA SUE 22405 US 12 EDWARDSBURG MI 49112 018-3022- 7 0818 MARANATHATEMPLE INC 760 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- 8 1578 L C TYPESETTING CO INC 747 S MICHIGAN ST SOUTH BEND IN 46601 018-3018- 61546 MIAMI MEADOWS 9 0674 G M 3 B LLC CT SOUTH BEND IN 46614 018-3041- 61546 MIAMI MEADOWS 10 157101 G M 3 B LLC CT SOUTH BEND IN 46614 018-3042- UNIVERSITY OF NOIRE 11 1634 DAME DU LAC % RICK K 836 GRACE HALL NOIRE DAME IN 46556 12 1615 RLB1 LLC 3510 PARK PLACE MISHAWAKA IN 46545 018-3041- THE CENTER FOR THE 13 1579 HOMELESS INC 813 S MICHIGAN ST SOUTH BEND IN 46601 018-3022- 14 0816 BENDIX LOCAL 9 740 S MICHIGAN ST SOUTH BEND IN 46601 018-3022- 15 0819 MARANATHA TEMPLE INC 760 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- PEAK MONICA h1 & 1ST 16 1572 SOURCE BANK- CO TRUS 553 E ANGELA SOUTH BEND IN 46617 018-3041- 17 156801 744 SOUTH MAIN LLC 744 S MAIN ST SOUTH BEND IN 46628 018-3042- 18 1621 M S R REALTY INC 814 S MAIN ST SOUTH BEND IN 46601 016-3022- 19 0820 MARANATHA TEMPLE INC 760 S MICHIGAN ST SOUTH BEND IN 46601 018-3042- CITY OF SOUTH BEND DEPT 1400 COUNTY CITY 20 163001 OF REDEV BUILDING SOUTH BEND IN 46601 018-3042- 21 1630 M S R REALTY INC 814 S MAIN ST SOUTH BEND IN 46601 018-3042- 22 1631 M S R REALTY INC 814 S MAIN ST SOUTH BEND IN 46601 CENTER FOR THE 018-3041- HOMELESS INC ATTN 23 1577 SHANNON 813 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- CENTER FOR THE 24 1591 HOMELESS INC 813 S MICHIGAN ST SOUTH BEND IN 46601 018-3022- SMITH EDWARD L & LAURA 25 0817 1/21NT LEVY EDWAR 316 S EDDY ST SOUTH BEND IN 46617 018-3041- INDIANA MICHIGAN POWER 26 155901 COMPANY PO BOX 16428 COLUMBUS OH 43216-6428 018-3041- CENTER FOR THE 27 1576 HOMELESS INC 735 S MICHIGAN ST SOUTH BEND IN 46601 018-3022- 28 0815 BENDIX LOCAL 9 740 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- INDIANA AND MICHIGAN 29 1565 ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216 018-3022- 30 0814 BENDIX LOCAL #9 74D S MICHIGAN ST SOUTH BEND IN 46601 018-3041- CENTER FOR THE 31 1575 HOMELESS INC 735 S MICHIGAN ST SOUTH BEND IN 46601 . 018-3041- INDIANA AND MICHIGAN 32 1561 ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216 018-3041- PEAK MONICA M & 1ST 33 1573 SOURCE BANK- CO TRUS 553 E ANGELA SOUTH BEND IN 46617 018-3041- INDIANA AND MICHIGAN 34 1564 ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216 018-3022- 35 0813 J & J ENTERPRISES 732 S MICHIGAN ST SOUTH BEND IN 46601 018-3022- 36 0812 J & J ENTERPRISES 730 S MICHIGAN ST SOUTH BEND 1N 46601 018-3041- 61546 MIAMI MEADOWS 37 1560 G M 3 B LLC CT SOUTH BEND IN 46614 018-3018- HERITAGE RESTORATION 38 0673 AND DEV GROUP LLC 2197 SOUTH 2200 EAST SALT LAKE CITY UT 84109 018-3018- 715 SOUTH MICHIGAN 39 0686 PARTNERSHIP 715 MICHIGAN SOUTH BEND IN 46601 018-3041- 61546 MIAMI MEADOWS 40 1571 G M 3 B LLC CT SOUTH BEND IN 46614 018-3041- 61546 MIAMI MEADOWS 41 1570 G M 3 B LLC CT SOUTH BEND IN 46614 018-3018- 42 0685 701 SOUTH GATEWAY LLC 701 S MICHIGAN STREET SOUTH BEND IN 46601_. 018-3041- DESIGN PACKAGING INC SOUTH BEND IN 46624- 43 1558 *07/OS PROS PLAT` PO BOX 564 0564 018-3041- PETER NEMETH 44 1559 PROPERTIES LLC 613 DUBLIN DR MISHAWAKA IN 46545 ~i~~~ ~i°i ~6E',1`~'~ ~~as~~ .; ~; a~ - 62009 CITY ,L,; K, c,7 M t?r;,n, t;1. v m _0 r ^~ 0 z -o z ~® _m ~z a -p til ~z -~ ~® ~~ _. ~}~~~~~~ ~ ~~fii~~ ~it~~ l~ J A~ _ 6 2008 ~R ~ ~Q~, ~~ C~,~,n.., ..a, A IM.Ir ~ min rP~ ~smE~uw Tu ~. ~ ~. ® ~ ADD FD. 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Wa~nRe Ih IN6lB/cc w4L W . gr~1L91 GrLM ' .DROP^IN CENTER ~y , ' ~ OLCIA'ANCY - ASSEMBLY A-9 3 p„ " . fAF15T. TTPB VB = OHE STORY 345tJ'SF. - 730 OCCUPANTS /~1a 1.uR ' ra~ wlr a ,~ . ' I 1 W. i I .' ~ ~ ~Sh1EEf • REMODELING FLOOR PLAN ~/9~~ ~' .. .A2 St^ / ''4. '~t ~ .. ., ,b`•..n'AVh. `.-. :.$.~iSax``cY«4':.?ia'ac'.a:-.n.~....'C.R7I•.V vrt i'~. e:Yo4=: (. .:4P eu_..,., v..e: ~. - .. ..... .. .. .. 'S,l,'•~ _ In;'.. o~,isria~:rr.;~3:<L3L~CaA.ljyr!~.~$:M,::..,..~, a~. ~ ~. .. ' i.:., ancl~, ~-®arner & ~1 ss®ceates, Inc. MICHAEL J. DANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. -- Landscape Architects . Land Planners ~cl~. ~~- Q3-a~ Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 November 20, 2008 RE: Petition to Vacate an East-West Alley, a North-South Alley and a portion of a Street Right-of way located in the block East of Main Street, South of Western Ave., West of Michigan Street and North of Monroe Street, South Bend, Indiana: Dear Council Members: Our clients, the City of South Bend, the City of South Bend Redevelopment Department, Western Avenue Properties LLC, and Diaz Regelio, .Luis. Sotelo and Marie Luisa, the Petitioners, are requesting the approval of the Vacation of two 14ft. Public Alleys and a portion of Michigan Street right-of-way in the block bounded by East of Main Street, South of Western Ave., West of Michigan Street and North of Monroe Street. The reason for this request is to allow the property owners to configure the existing lots within this block to create larger properties for future development purposes. 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, Harner & Associates, Inc. File # 080190 ~E~~ a~ ~ APB - 7 2oog J~i N4Sl-s~5 1643 Commerce Drive South Bend, IN 46628 once 5741234-4003 ^ 8001594-4003 ^ Fax 5741234-4119 208 West Mars Berrien Springs, MI 49103 once 2691471-3010 ^ Fax 2691471-7237 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: THE ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST-WEST 14 FT. WIDE ALLEY NORTH OF MONROE STREET, RUNNING EAST FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET+ AND THE FIRST NORTH-SOUTH 14 FOOT WIDE ALLEY EAST OF SOUTH MAIN STREET, RUNNING NORTH FROM THE NORTH RIGHT-OF-WAY LINE OF MONROE STREET FOR A DISTANCE OF APPROXIMATELY'198 FEET+ LOCATED DIRECTLY NORTH AND EAST OF LOTS 28, 29 AND 30. THE STREET TO BE VACATED IS A PORTION OF MICHIGAN STREET, SOUTH FROM WESTERN AVENUE APPROXIMATELY 250 FEET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above-described public grogerties. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following properties: ALLEY VACATION REQUEST: A). ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST-WEST 14 FT. WIDE ALLEY NORTH OF MONROE STREET, RUNNING EAST FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET± AND THE FIRST NORTH-SOUTH 14 FT. WIDE ALLEY EAST OF SOUTH MAIN STREET, RUNNING NORTH FROM THE NORTH RIGHT-OF-WAY LINE OF MONROE STREET FOR A DISTANCE OF APPROXIMATELY 198 FEET± LOCATED DIRECTLY NORTH AND EAST OF LOTS 28, 29 AND 30 IN THE RECORDED PLAT OF "MARTIN'S ADDITION TO THE CITY OF SOUTH BEND" AS RECORDED IN BOOK 3, PAGE 28 IN THE RECORDS OF THE RECORDER'S OFFICE OF ST. JOSEPH COUNTY, INDLANA. PARTIAL STREET VACATION REQUEST: -.;$). A PART OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST IN PORTAGE TOWNSHIP, THE CITY OF SOUTH BEND INDIANA. BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBER 13 OF THE PLAT OF "MARTINS ADDITION TO THE CITY OF SOUTH BEND" AS RECORDED IN PLAT BOOK #3 PAGE #28 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDERS OFFICE, SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF WESTERN AVENUE; THENCE N. 90°00'00" E., 88.60 FEET ALONG THE EASTE~I,Y EXTENSION OF SAID RIGHT-OF-WAY LINE; THENCE S. 30°55'36" E.,-23.43 FEET TO A POINT ON A NON- TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 676.95 FEET, AND HAVING AN ARC DISTANCE OF 246.84 FEET, TO THE END OF A CHORD BEARING S. 19°08'29" W., AND HAVING A DISTANCE OF 245.47 FEET; THENCE S. 90°00'00" W., 19.56. FEET TO A POINT ON THE EAST LINE OF LOT NUMBER 16 OF SAID PLAT, SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF MICHIGAN STREET; THENCE ALONG SAID WEST LINE N. 00°08'02" W., 252.00 FEET; TO THE POINT OF BEGINNING. CONTAINING 0.32 ACRES MORE OR LESS. SUBJECT TO ALL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. hereby determines that it is desirable to vacate said properties. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right- of-way, unless such rights are released by the individual utilities. SECTION III. The following properties may be injuriously or beneficially affected by such vacating: Tax Key Number 18-3016-058802 Tax Key Number 18-3016-0589 Tax Key Number 18-3016-059001 Tax Key Number 18-3016-0599 Tax Key Number 18-3016-0597 Tax Key Number 18-3016-0595 Tax Key Number 18-3016-0593 Tax Key Number 18-3016-058801 Tax Key Number 18-3016-059002 Tax Key Number 18-3016-0600 Tax Key Number 18-3016-0598 Tax Key Number 16-3016-0596 Tax Key Number 18-3016-0594 Tax Key Number 18-3016-0596 SECTION IV. The purpose of the vacation of the real property is to allow lots 28,29 and 30 to become larger lots, with the vacation of said Alleys. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk ~,~': it: ~ f ti'.. ~ ... .., c,,,; , "' Vv~i:~I~ C~i~~`:i 6~i~ l?~sy ev~waa Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 at ~ o'clock m. City Clerk Approved and signed by me on the day of Q , at o'clock m. Mayor of the City of South Bend 1 st ~ READ€tvG ~`,~' ~ l PUBL€~ hF.~F€UG 3 r~ F:~,~D€hvG ivOT APP?OVED P.ErEnIZED PASSED Fll~d In Ci~~le'~ ~ifl~~ JAN - 7 2009 JQHD;VQpRQE GiTY CLE,i~K, "s0. SE~tD, tA1. - PETITION TO VACATE PUBLIC ALLEYS AND A PARTIAL STREET RIGHTS-OF-WAY TO: THE .COMMON COUNCIL DATE: NOVEMBER 20, 2008 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: ALLEY VACATION REQUEST: A). ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST-WEST 14 FT. WIDE ALLEY NORTH OF MONROE STREET, RUNNING EAST FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET± AND THE FIRST NORTH-SOUTH 14 FT. WIDE ALLEY EAST OF SOUTH MAIN STREET, RUNNING NORTH FROM THE NORTH RIGHT-OF-WAY LINE OF MONROE STREET FOR A DISTANCE OF APPROXIMATELY 198 FEET± LOCATED DIRECTLY NORTH AND EAST OF LOTS 28, 29 AND 30 IN THE RECORDED PLAT OF "MARTIN'S ADDITION TO THE CITY OF SOUTH BEND" AS RECORDED IN BOOK 3, PAGE 28 IN THE RECORDS OF THE RECORDER'S OFFICE OF ST. JOSEPH COUNTY, INDIANA. PARTIAL STREET VACATION REQUEST: B). A PART OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST IN PORTAGE TOWNSHIP, THE CITY OF SOUTH BEND INDIANA. BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBER 13 OF THE PLAT OF "MARTINS ADDITION TO THE CITY OF SOUTH BEND" AS RECORDED IN PLAT BOOK #3 PAGE #28 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDERS OFFICE, SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF WESTERN AVENUE; THENCE N. 90°00'00" E., 88.60 FEET ALONG THE EASTERLY EXTENSION OF SAID RIGHT-OF-WAY LINE; THENCE S. 30°55'36" E., 23.43 FEET TO A POINT ON A NON- TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 676.95 FEET, AND HAVING AN ARC DISTANCE OF 246.84 FEET, TO THE END OF A CHORD BEARING S. 19°08'29" W., AND HAVING A DISTANCE OF 245.47 FEET; THENCE S. 90°00'00" W., 19.56 FEET TO A POINT ON THE EAST LINE OF LOT NUMBER 16 OF SAID PLAT, SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF MICHIGAN STREET; THENCE ALONG SAID WEST LINE N. 00°08'02" W., 252.00 FEET; TO THE POINT OF BEGINNING. CONTAINING 0.32 ACRES MORE OR LESS. SUBJECT TO ALL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.. NAME (signed & printed) & ADDRESS Tax Key Number(s) Tax Key Number 18-3016-058702 City of South Bend 1200 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 2 City of South Department of 12°h Floor Cour 227 West Jeffe South Bend, In City of Bend Tax Key Number 18-3016-058701 d, evelopment City Building n Blvd. na 46601 gor City of S~ th Bend Department of Redevelopment Western Avenue roperties LLC 422 E. Monroe reet South Bend, In 'ana 46601 Q . For Western A~ nue Properties LLC Vhf ~ l1 i A 1PYi ~ `~~ W $1 C+- ~ ~ ~ Yq ~3 ~ Luis Sotelo, Diaz Regelio Marie Luisa 1026 W. Lincol Avenue Anaheim, Ca. 9 05 Diaz ~s /R©9 ~ uis Sotelo ^ ``~ I loo ~~" 9~z. Sofa Tax Key Number 18-3016-0596 18-3016-0597 Tax Key Number 18-3016-0598 18-3016-0599 18-3016-0600 18-3016-059001 Marie Luisa F ~ e ~Gtj. -C L~21;L~ 1~/czrrcL ~~.s~ ~ ~c~:Z 3 CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 JAN - 7 20C9 ,JG~,1 VCCkDE C?TY Ci.ErY+, ~0. f3E1d0,1"l. SOUY'rI B~vD COUNTY PL18J3E IJEPtR'! 3D4 S. MPJN SfftEET ,SCUT'rf BEND, M 46€ / TAX. ID X18-3008-0 ~ R~ t t C/L STERN AVENUE~B S3' i S WESTERN AVENUE PP.OPERTIFS LLC TAX IID $,B_30, 6_D593 r1 g `°g2j I OQ\~~~~~~ LOT 73 ~s P ~ ~ ~ _~c~C~ OJ - ~ ~,P' pF >I "~~'iF5'rERN AVENUE ge~ PROPER1lE5 LLC I TAX ID X18-3018-0594 LOT 14 o IVESfERN AVENUE ~ ~ PROPERTIES LLC TAX ID '1L 8_3016-0595 WESTERN AVENUE PROPERDES LLC g ~ TAX ID X18-3076-0596 ~ ~~ ~ LOT 15 "~ s€ ~swr ~~ WESTERN AVENUE I PROPERTIES LLC ~ TAX ID #18-3016-0597LOT 16 WESTERN AVENUE PROPERTIES LLC . TAXJD-.~'18m.3016-0598- _ - f °~ INDIANA LPND TRUST k g ` 425/524 TAX ID /18-3076-0599 LOT 17 ~ kPFi~. k LUIS cOTELO ~ TA% ID ~¢L6-3016-46b0 . ~~ o ~i 18 \ a ~ ~ - L-3 ' OtcE k`.tCH:AIsA PrL4Tr~.RS P.C. BOX 1351 SOUTH BEND, IN 46624 \ TAX 10 X18-3097-347404 .\ R/W LIRE \ • /~ 1g0~ R/w NE L-2 I s~~ w~ ,~~ ~ UNTIED STATES POST ~ OFA pj 424 MICHIGAN ST 50 RENO, IN 46601 TAX ID }1fl-3086-3472 /. C~J N V ' I I / LINE BEARING DISTANCE L-1 N 90'00'00" E 88.60' L-2 S 30°55'36" E 23.43' L-3 S 90'00'00" W 19.56' ' L-4 N 00°08'02" W 252.00 I CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING C-1 676.95' 246.84' 245.47' S 19'08'29" W LEGAL DESCRIPTION: The street to be vacated is a portion of Michigan Street and is described as follows: A Part of the southwest quarter of Section 12, Township 37 North, Range 2 East in Portage Township, City of South Bend, Indiana, Beginning at the Northeast comer of Lot 13 of the plat of Martins Addition as recorded in Plat Book 3, Page 28 in the Office of the St Joseph County Recorders Office, said point also being on the South right of way line of Western Avenue; thence N 90 00'00' E, 88.60 feet along the Easterly extension of said right of way line; thence S 30 55' 36° E, 23.43 feet to a point on anon-tangent curve; thence along said curve to the left having a radius of 676.43 feet, and having an arc distance of 246.84 feet, to the end of a chord bearing S 19 08' 29' ~Yest and having a distance of 245.47 feet; thence S 90 00' 00° W, 19.56 feet to a point on the East line of Lot 16 of said plat, said point also being on the West right of way line of Michigan Street; thence along said west line N 00 OS' 02' W, 252.00 feet to tTe"'P~ ainlrl 3i acres, more or less and subject to all highways and easements of record. ~ f°~a~:r' 3c~ ~~c^Er~~,~~ ~e6F~~ J A "~.~ - % ~G~1~ ~JGi~1~J VuGRi~E i i I ~ ~ ~~ I ~ C/L WESTERN AVEI~TUE R/~' 82.5 I ~ 5.8. DEPT. OF 0 WESTERN AVENUE PROPERTIES LLC ~ REDEVELOPMENT '' TAX ID f~18-3016-0593 TAX {D ~ ~ g 13016-0585 O7 ~~~ LOT 13 a18-3015-0566 ~ _ , - - -L~7 ~- - - - ,v-- -- ro ~ % S.B. DEPT. OF o REDEVELOPMENT o WESTERN AVENUE PR9~ERTlES LLC TAX ID ~' TAX ID #18-3016-059q, a18-3015-0566 ~ TAX ID #18-3016-0586 O1 R - - - 8 LOT 26 ~. - --LOT-14- -~- - U] NESIEfW AVQ10E PROPFRIff9 LLC \ / d ~ --- TAX D /16-5016-0595 ~yy ~r I ~~~ ~. ~ ~usl ~ ~ WESTERN AVENUE PROPERTIES LLC ~ rAx w fl9-SOls-ase7 oz TAX ID ~18-3016-0596 1 TAX IDI LOT 27 °g~ LOT 15 x{18-3p15-0566 ~~~ ' 1 "~~ I cx ~ ~,,' :, D ,, , , ' ~ WESTERN AVENUE PROPERTIES MARU is LUIS sown ~ ~ TAX ID 18-3 ~ 0597 I W TAX W /18-3018-0588 02 i¢ ~ \~ T 16 I W TAX ID --------LOT 28 -- ~18-3015-057D - - \ RDEVOE7OFAI~ENf DEPT°. --- ~~~ ~ ~,~ ~~~ ~__gr_3ols-osss ~ UH1 --TAX ID f18-3016-0589 -~--- ~If t" +- -~- - - ------------ ,~ .o ...~.~ ...............-- I z TAX ID ~ ~ ~ ~ 14 J' INDWJA IAND TRUST 425/524 #18-3015-0.71 I `~ ~( TAX 10 (18-3016-0599 I ~h ~ * LOT 29 r'P. ~ "' LOT 17 I ~--I TAX ID ~ ~ P ~ X18-3015-0572 \ `~~ ----_ElAR1A ~ ~~I,s ~orELO __~ ------------------- H ~ iAX 8) X18-3016-0590 01 a ,°.~ i T ~y y I i I r~i - - - ~ -- -~ ~ 9 `~ ~ ~ u+>au a uAS soma J LOT 30 ° ~i ~ UX m /ie-SOi6--osoo I a ~I ~ um; ~ ~ ~ LOT 18 I ~ ~ R W LINE R E I ~ _ C L MON_ROE STREET R W 82.15' - - ~ ~ o, ~ \ ~ r~ o° \ `~ CV ~ Ta] /aM lWE O We ~\ ~ ~ ~~ t\ }~ ~ n ~ ~~ I ~~ o m '~ ~ ~ ° xn TAX 8) (18-30Y/-0628 `' CS ~ .tn _ ~ ~ Q ~ CJS' \ i n ~ ~.eZ` TAX N /18-3017-0618 TAX ID /18-3017-0629 ~ ' LEGAL DESCRIPTION: The first alley to be vacated is the first East/West alley North of Monroe Street from Main Street East to the first North/South alley fora distance of 165 feet and a width of 14 feet. The second alley to be vacated is the first North/South alley East of Main Street from Monroe Street North to the first East/West alley fora distance of 198 feet and a width of 14 feet. Both alleys being a part of Martins Addition as recorded in Plat Book 3, Page 28 in the Office of the St Joseph County Recorders Office, City of South Bend, Portage Township, St Joseph County, Indiana. Property Owners Within 150 Feet ~ei~' tj~ ~~~t`~~~,'S f~~t€OB ~.___._e--.-~--- ~~~- - 7 2009 ;c;;;}~ ~;ti^.vi%~ City Chapel Evangelical Free Church EI Paraiso South Bend Inc Tasha Bailey Brandy & Ben Group 401 S Main St 425 S Main St LLC South.Bend, IN. 46601 South Bend, IN. 46601 9434 Indianapolis Blvd. Tax Key # 018 3015 0566 Tax Key # 018 3015 0570 Highland, IN. 46322 Tax KPV # n1R Rn1~ nr,7~ City of South Bend Dept.of Redevelop 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 3016 058601 City of South Bend Dept of Redevelop 1200 County City Building South Bend, IN. 46601 Tax Key # 018 3016 058501 City of South Bend 1200 County City Building South Bend, IN. 46601 Tax Key # 018 3016 058702 Rogelio & Maria Diaz 1026 W Lincoln Ave Anaheim, CA. 92805 Tax Key # 018 3016 058802 Salvation Army 510 S Main South Bend, IN. 46601 Tax Key # 018 3017 0618 City of South Bend 227 W Jefferson Ste. 1200 South Bend, IN. 46601 Tax Key # 018 3017 0628 One Michiana Partners P.O.Box1331 South Bend, IN. 46624 Tax Key # 018 3091 347404 Western Av Properties LLC 422 E Monroe South Bend, IN. 46601 Tax Key # 018 3016 0593 Western Ave Properties LLC 422 E Monroe St South Bend, IN. 46601 Tax Key # 018 3016 0594 City of South Bend Dept.of Redevelop 1200 County City Building South Bend, IN. 46601 Tax Key # 018 3016 0589 Salvation Army 510 S Main South Bend, IN. 46601 Tax Key # 018 3017 0615 City of South Bend Dept.of Redevelop 1200 County City Bldg. South Bend, IN. 46601 Tax Key # 018 3016 058502 City of South Bend Dept.of Redevelop 1200 County City Building South Bend, IN. 46601 Tax Key # 018 3016 058801 Western Ave Properties LLC 422 E Monroe South Bend, IN. 46601 Tax Key # 018 3016 0595 United States of America Post Office 424 S Michigan South Bend, IN. 46601 Tax KPV # n1 R RnRR R47~ Rogelio & Maria Diaz 1026 W Lincoln Ave Anaheim, CA. 92805 Tax Key # 018 3016 059001 Vickie Gabbard Trustee 750E 8th St Mishawaka, IN. 46544 Tax Key # 018 3017 0627 City of South Bend Dept.of Redevelop 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 3016 058602 City of South Bend Dept.of Redevelop County City Bldg. South Bend, IN. 46601 Tax Key # 018 3016 059002 Western Ave Properties LLC 422 E Monroe South Bend, IN. 46601 Tax Key # 018 3016 0597 Rogelio & Maria Diaz 1026 W Lincoln Ave Anaheim, CA. 92805 Tax Key # 018 3016 0598 Rogelio & Maria Diaz Rogelio & Maria Diaz St.Joseph County Public Library 1028 W Lincoln Ave 1026 W Lincoln Ave 304 S Main St Anaheim, CA. 92805 Anaheim, CA. 92805 South Bend, IN. 46601 Tax Key # 018 3016 0599 Tax Key # 018 3016 0600 Tax Key # 018 3008 0284 131 COUNTY-CITY BUILDING 227 ~ JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR ~-OARD OF PUBLIC CORKS January 5, 2009 Mr. Mi1ce Danch Danch, Harper & Associates, Inc. 1643 Commerce Drive South Bend,1N 46628 PHONE 574/ 235-9251 FAx 574/ 235-9] 71 TDD 5741235-5567 RE: Alley Vacation -Portion of Michigan Street -North/South alley from Monroe Street parallel with Michigan Street, and east/west alley from Main Street to said north/south alley. Street Vacation -Michigan Street, south of Western Avenue Dear Mr. Danch: At its meeting on November 10, 2008, the Board of Public Works reviewed your petition to vacate the above alley and street. Favorable recommendations were submitted from the Engineering Division, Community & Economic Development, Area Plan Conunission, and Police Department. The Engineering Department questioned whether the City had the authority to grant this vacation, or if the street property belonged to the State, Mr. McFadden, 1NDOT, has since informed our department that he could find no transfer of ownership of the subject right-of--way to INDOT when the street was used as a State highway. The original subdivision for the City of South Bend was recorded and dedicated the right-of- way to the City. Therefore, the Board of Works has given a favorable recommendation to your request for the vacations subject to easements for water main and two separate sewer lines. Engineering states that gas, power and other utilities may also occupy the area. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Please contact Tony Molnar at (574) 235 9254 prior to piclcin~ up your radius map. GARYA. GILOT, P.E. DONALD E. INKS JOHN H. MURPHY PRESIDENT MEMBER MEMBER Once this concern is addressed and you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Clerk' s office, they will forward a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. Sincerely, ~..__ Linda M. Martin, Clerk C: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl P. Littrell, City Engineer ~~~~, ~~-~ ~ `~~-off RESOLUTION NO. A RESOLUTION OF TIIE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ]NDIANA, APPROVING A PETITION OF THE SOUTII BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 54723 BURDETTE STREET, SOUTH BEND, INDIANA 46637. WHEREAS, Indiana Code Section 36-7-4-918.6, required the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes it recommendations to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a special exception be granted for the property located at 54723 Burdette Street, South Bend, IN 46637 more specifically being Lot 7 of Burdette Street Villas Minor Subdivision as recorded under Instrument Number 0820238 in the of Office of Recorder of St. Joseph County, in order to permit a special exception for a group residence on property zoned "MF1"Urban Corridor Multifamily District. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City. Clerk. ., .. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner: 3. The need for the special exception arises from the specific conditions peculiar to the properly involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend, SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Boazd of Zoning Appeals which aze on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. I VJ. YJ ~ e,'~o~v~ Member of the Common Counc' `W ~~; .E.~f-t $.,n 'ij l.'v{~ vt_+~....'.V' t'aW V... 17:<_7 (wi~~ ~0;Ii1Cl~ 2CLu'1 Gii ~i~ t~audr ~Q~~~ ~:~ ~s~l`tc'~ ~aia~@ NOV 2 6 2C~?~ J~=i's! tl~~~~E GliY Cl.~nK, ~~. ~Ei,9,1~[. November 26, 2008 ENGINEERS ARCHITECTS PLANNERS SURVEYORS 750 Lincoln Way East South Bend, IN 46601 T. 574-232-8700 F. 574-251-4440 www.abonmarche.com FORT WAYNE, IN BEMON HARBOR, MI MANISTEE, MI SOUTH HAVEN, MI City of South Bend Board of Zoning Appeals 125 South Lafayette Boulevard, Suite 100 South Bend, Indiana 46601 RE : Special Exception for a Group Residence Proposed Units "L" 8~"M" at Stadium Village Homes Petitioner /Owner: Stadium Village Homes, L.L.C. (d.b.a. Signature Homes, Inc.) 1212 Walnut Street South Bend, IN 46619 Phone: (574) 239-8914 Members of the Board: We are requesting a special exception to allow a group residence within Units "L" and "M" at Stadium Village Homes. See attached Marketing Drawing and the Burdette Street Villas Minor Subdivision for the project location. The reason for this special exception is to allow for two units within the Stadium Village Homes development to be utilized as a group residence for a Jesuit community. The intention is to create one large unit by having the main floor of each unit open to each other in the dining area in such a manner that the wall could be closed up ~in the event of a resale. There will be a maximum of 8 residents, and there will be 8 bedrooms between the two combined units. This special exception will allow for the members of the Jesuit community to function as one single non-traditional family. It is understood that this special exception request meets the following standards: The approval will not be injurious to the public health, safety, morals and general welfare of the community. The presence of a Jesuit Community within the Stadium Village Homes development will largely be unnoticed in comparison to the other condominium units. The Jesuit community will function similarly to all the other condominium units within the development. ABONMARCNE .- - -November 2008 - " Part of Lot 7 of the Burdette Street Villas Minor Subdivision Special Exceptiori for a Group Residence City of South Bend Indiana Page 2 of 3 2. The use and value of the. area adjacent to the property included in the special exception will not be affected in a substantially adverse manner. The proposed Jesuit Community will be virtually undistinguishable from all the other condominium units. As a result, the use and value of the adjacent properties will not be affected in a substantially adverse manner. 3. The need for the special exception arises from the specific conditions peculiar to the property involved. A special exception is required since the property is zoned "MFl" Urban Corridor Multi-Family District. The Zoning Ordinance states that the intent of this zoning district is to promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with multifamily residential neighborhoods. This proposed Jesuit Community meets the intent of this district. 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought. Per the Zoning Ordinance, a single dwelling unit can only be occupied by one "family". A family is defined as one or more persons related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit or a number of persons, but not exceeding two persons, who are not related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit. Per this definition, not more than two unrelated individuals could live within any unit in an "MF1"zoned district. Limiting these units to only 2 unrelated individuals would exclude a Jesuit Community. Jesuits by virtue of their order live together for the sake of their apostolic or community work and for mutual support, challenge and inspiration. They view each of their communities as a family. 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. The future land use plan within Comprehensive Plan targets this area for medium-density residential development. One of the policies within the Housing section of the Plan is to encourage residential developments to contain a mix of housing types, densities, prices ranges, and amenities. By Engineering Surveying --~ --Planning ABONMARCHE November 2008.. .. - Part of Lot 7 of the Burdette Street Villas Minor Subdivision Special Exception for a Group Residence City of South Bend Indiana Page 3 of 3 allowing this group residence as a special exception within development, it meets the policy of encouraging different housing types. The property is zoned "MF1"Urban Corridor Multifamily District and is located within Clay Township in the City of South Bend. This petition is being submitted by Abonmarche Consultants, L.L.C., 750 Lincoln Way East, South Bend, Indiana, 46601, on behalf of the petitioner /owner. The contact person is Derek J. Spier, AICP, with Abonmarche Consultants, L.L.C. at (574) 232-8700. Sincerely, ABONMARCHE CONSULTANTS, L.L.C l ~ ~j Derek J. Sp~ie/r, AICP Planner Enclosures F\pROJECTSVv18-0856\SPECIAL EXCEPTION REQUEST- NARRATIVE.DOC Engine-ertng - S-ur.veying ~ _.. - -. r. ica_n.ni~iy Staditun ~Iillage Homes ., r ~ 9 r: J ~ r" 7 j.4 ~ ~,,: .4 ;iii rr c } n.~.,,.e~•5 . .. ,:r w ~~,.h 7 F.1 _ ~ t t .~, ~* a ~ '.' ~ ,. _ . ~ . _. . , ~~ i ~ t ~ .. . _ 1 ~3 ~ ~'~ '~':ka~~~ ~~ -f/ :.'~ Home Floor Plans Units Photos Contact Us About Us Click to see aerial view of Stadium Village Homes Click to see a birdseye rendering of Stadium Yllage Homes ~~_~ IN~ ~-- http://stadiumvillagehomes.com/units.html ~ `~RoP°SED UNITS ~iLl~ (-},.I~ "N~n /~-~ 'rl~ ~~ (Li~1 E~45TCY VN l i S , 11/24/2008 ~~ BURDETTE STREET VILLAS MINOR SUBDIVISION LWNAIU ET1NL 50L7L1rJ~ ~r ~,~,;°',~ Part of the Southeast 4uarter of Section 31, T. 38 N., R. 3 E, WrYID.,TtAWFEAp CDS~~DW°''°°' Clty of South Bend, Clay Township, St. Joseph County, Indiana. hA~,~AU5WB7~ n ~wCTTYM50Bii WATO,~ TT ~ ~,~~ ~ ~P~.~AL (Being's Re-SubdivisionAot~a~poHion of Lots 2 and 3 of "VANESS PLAT LIE~Lr. pAWila W,~7f,~L~,},R LAYi ATf Op~WR01ATORRL AI~t=CORL~~~ A PNR 01 MC SWiN[AST DWMER DP SCBiION 31, 701MS~P Js~,IDR P,~ BULO~EA2T+~ ,YN 1HE 7ML51M', COT OP SONN BCND, ST. 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JOHNSON 54673 BURDETTE STREET 54666 IVY ROAD SOUTH BEND, IN 46637 SOUTH BEND, IN 46637 024-1008-0668.04 024-1008-066829 JAMISON INN, LLC JAMISON INN, LLC 1404 NORTH IVY ROAD 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 SOUTH SEND, IN 46637 024-1008-0668.01 024-1003-0565 JAMISON INN, LLC AIMCO TURTLE CREEK, LP 1404 NORTH IVY ROAD c/o DELOITE & TOUCH SOUTH BEND, IN 46637 191 N.WACKER DRIVE - STE 2600 CHICAGO, IL 60606 002-1106-5377 024-1008-0668.06 ADAM & JOZEFA ZDANOWSKI JAMISON INN, LLC 9321 LAURENCE STREET 1404 NORTH IVY ROAD ALLEN PARK, MI 48101 SOUTH BEND, IN 46637 024-1008-0668.05 024-1008-0668.30 JAMISON INN, LLC JAMISON INN, LLC 1404 NORTH IVY ROAD 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 SOUTH BEND, IN 46637 024-1008-0668.26 002-1106-5392 JAMISON INN, LLC UNIVERSITY of NOTRE DAME 1404 NORTH IVY ROAD 824 GRACE HALL SOUTH BEND, IN 46637 NOTRE DAME, IN 46556 002-1106-5392.01 002-1105-5278.02 UNIVERSITY of NOTRE DAME KUZ REALTY, LLC 824 GRACE HALL 52024 FALL CREEK DRIVE NOTRE DAME, IN 46556 GRANGER, IN 46530 024-1008-0668.28 024-1008-0668.02 JAMISON INN, LLC JAMISON INN, LLC 1404 NORTH IVY ROAD 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 SOUTH BEND, IN 46637 002-1106-5382 002-1106-5373 UNIVERSITY of NOTRE DAME UNIVERSITY of NOTRE DAME 824 GRACE HALL 824 GRACE HALL NOTRE DAME, IN 46556 NOTRE DAME, IN 46556 002-1106-5372 WILLIE L. & PAMELA M. 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PROSPECT AVENUE NORTH WALES, PA 19454 002-1106-5388 (PT.) M.A.D. FAMILY ENTERPRISES, LLC 500 UNIVERSITY BLVD. SUITE 215 JUPITER, FL 33458 002-1106-5392.03 UNIVERSITY of NOTRE DAME 824 GRACE HALL NOTRE DAME, IN 46556 002-1106-5393.01 STADIUM PLACE DEV., INC. 822 MAII~T STREET LaFAYETTE, IN 47902 002-1106-5383 STADIUM PLACE DEV., INC. 822 MAIN STREET LaFAYETTE, IN 47902 002-1106-5370 UNIVERSITY of NOTRE DAME 824 GRACE HALL NOTRE DAME, IN 46556 002-1106-5357 IltiSH CROSSING DEVELOP., LLC P.O. BOX 248 LaFAYETTE, IN 47902-0428 002-1106-5388 (PT.) 002-1106-5388 (PT.) JOSEPH J. & AUDREY A. LOMBARDI JOHN C. ROY 14 MARION LANE 31861 VIA OSD SCOTCH PLAINS, NJ 07076 COTO DE CAZA, CA 29679 024-1008-0668.19 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 024-1008-0668.25 JAMISON INN, LLC 1404 NORTH IVY ROAD SOUTH BEND, IN 46637 002-1106-5393 002-1106-5393.02 UNIVERSITY of NOTRE DAME duLAC STADIUM PLACE DEV., INC. 910 PLANNER HALL 822 MAIN STREET NOTRE DAME, IN 46556 LaFAYETTE, IN 47902 002-1106-5386 UNIVERSITY of NOTRE DAME 824 GRACE HALL NOTRE DAME, IN 46556 002-1106-5389 STADIUM PLACE DEV., INC. 822 MAIN STREET LaFAYETTE, IN 47902 002-1106-5372.02 WILLIE L. & PAMELA M. HARRIS 54693 BURDETTE STREET SOUTH BEND, IN 46637 002-1022-0507 UNIVERSITY of NOTRE DAME 824 GRACE HALL NOTRE DAME, IN 46556 002-1106-5372.01 ITNNERSTI'Y of NOTRE DAME 824 GRACE HALL NOTRE DAME, IN 46556 002-1106-5362.01 STONE MANOR INVEST. CORP. 9900 BELWARD CAMPUS DRIVE SUITE 175 ROCKVILLE, MD 20850 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 December 19, 2008 The Honorable Common Council Of The City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Stadium Village Homes BZA 12/18/08 Dear Council Members: The above referenced petition of Stadium Village Homes was legally advertised on December 4, 2008. The Board of Zoning Appeals gave it a public hearing on December 18, 2008, at which time the following action was taken: Upon a motion by Mr. Sassano, being seconded by Mr. Hoffman and unanimously carried, the petition for Special Exception of Stadium Village Homes to allow a group residence within Units "L" & "M" of Stadium Village in a "MF1" District, on property located on the west side of Burdette Street north of Vaness, is sent to the South Bend Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made pat of this report. Sincerely, Charles C. Bulot Building Commissioner CCB/cah STADIUM VILLAGE (group residence in "MFl") SPECIAL EXCEPTION PURSUANT 2]-09.3(D) BOARD OF ZONING APPEALS CITY OF SOUTH BEND, INDIANA FINDINGS OF FACT l . THE PROPOSED USE WILL NOT BE INJUR]OUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and'use as presented v`~ill comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and genera] welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PI/IN BECAU SE: The conditions to this particular property does create an unusual and unnecessary hardship. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 18th Day of December, ?008 YES NO ® RICHARD KILBASE ® CHRISTOPH HOFFMAN ® DAVID SASSANO ® MAURTCE HOBAN ® ELONDA WILDER-HAMILTON 'A' VALVaL fl GAVI CSON SUB. •~ JAMISON HOUSE MINOR StR ~O• HAYES' KWIATHOWSKI MWOR SUB i ~~ it ~ = zoo i i i ~ ~ z ' 9-6C SCALE: r• gcviseo CCPYg16Ni2~3 CLAY TW P. 2~1 ~ nee cikumi colaaNr 4-31G W.~/2 S.E!/a SEC. 31 T.38N. R.3 E. ~~' q -OG53 rJZra -23a - I,~ ~~''If''~ - OAK XI l 124-10( Candomink - ` I , . .. o