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HomeMy WebLinkAbout04-28-08 Council Meeting Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, APRIL 28, 2008 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7 -nn D M 08 -32 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING, ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING THE WEEK OF MAY 11 - MAY 17, 2008 AS NATIONAL POLICE WEEK IN SOUTH BEND, INDIANA 08 -33 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING TANIA L. HARMAN OF THE WARREN PRIMARY CENTER FOR BEING SELECTED AS THE 2008 TEACHER OF THE YEAR BY THE SOUTH BEND COMMUNITY SCHOOL CORPORATION 08 -34 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP, CLEVELAND AND LYNNEWOOD ANNEXATION AREA 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: RTT,T. NO- 12-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #1, STEVE & JEAN COOREMAN, 21300 BLOCK OF CLEVELAND ROAD & 52804 LYNNEWOOD AVENUE, SOUTH BEND, INDIANA 20 -08 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF GOLDEN AVENUE FROM WOODWARD AVENUE TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF GOLDEN AVENUE FROM RIVERSIDE DRIVE TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET 21 -08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $400,000 WITHIN FUND 410 FOR POTAWATOMI PARK FUN FOR ALL AND AGING IN PLACE HOME MODIFICATION PROGRAMS 8. BILLS, THIRD READING TIME: BILL NO. 20 -08 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF GOLDEN AVENUE FROM WOODWARD AVENUE TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF GOLDEN AVENUE FROM RIVERSIDE DRIVE TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET 21 -08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $400,000 WITHIN FUND 410 FOR POTAWATOMI PARK FUN FOR ALL AND AGING IN PLACE HOME MODIFICATION PROGRAMS 9. RESOLUTIONS BILL NO. 08 -35 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF. SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4315 SOUTH LAFAYETTE BOULEVARD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR HERAEUS KULZER, INCORPORATED 08 -36 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2107 BASIN STREET OR 5421 ROYAL STREET, 5413 AND 5405 ROYAL STREET, 2205, 2213, 2221, 2229, 2237, 2245, 2303, 2311, 2314, 2306, 2236, 2228, 2220, 2212 ST. CHARLES STREET, 2204 ST. CHARLES STREET OR 5422 ROYAL STREET, 2203 CANAL BOULEVARD OR 5430 ROYAL STREET, 2211, 2219, 2227, 2235, 2307, 2315, 2314, 2306, 2238, 2230, 2222 AND 2214 CANAL BOULEVARD AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE - YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 08 -37 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 701 SOUTH GRANT STREET AND 601 COTTAGE GROVE AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE - YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY 08 -38 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 1433 NORTHSIDE BOULEVARD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR RIVER ROCK, INCORPORATED 08 -31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2008 PURSUANT TO SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE 08 -39 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA FINANCE AUTHORITY AN APPLICATION FOR A SITE ASSESSMENT GRANT IN THE AMOUNT OF $27,319 FOR PROPERTY LOCATED AT 2901 S. MAIN STREET, SOUTH BEND, INDIANA AND A SITE REMEDIATION GRANT IN AN AMOUNT NOT TO EXCEED $165,000 FOR A PROPERTY LOCATED AT 2500 GREEN TECH DRIVE, SOUTH BEND, INDIANA 08 -40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT /NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE ADVISORY CITY NEGOTIATING TEAM FOR THE 2008 FIRE DEPARTMENT AND POLICE DEPARTMENT NEGOTIATIONS 10. BILLS, FIRST READING BILL NO. 11. UNFINISHED BUSINESS 1. REPORT FROM AREA PLAN COMMISSION A. BILL NO. 14 -08 - REZONING - 5 PROPERTIES ON LOMBARDY DRIVE 12. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS 13. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING 14. ADJOURNMENT TIME: / y -02 r Resolution No. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING THE WEEK OF MAY 11 -May 17, 2008, AS NATIONAL POLICE WEEK IN SOUTH BEND, INDIANA G)h" the Common Council of the City of South Bend, Indiana, notes that more than 900,000 sworn law enforcement officers serve throughout the United States; with 181 of these officers dying in the line of duty in 2007, increasing from 151 officers who died in the line of duty in 2006; and 6)6", the Common Council notes that the National Law Enforcement Officers Memorial in Washington, D.C., honors more than 18,200 of America's federal, state and local law enforcement officers who have been killed in the line of duty, with this annual week of memorial services beginning in 1962 when President John F. Kennedy designating each May 15'h as Peace Officers' Memorial Day requiring all American flags lowered to half -staff and having week -long activities to honor these Fallen Heroes; and U)ff--4 the South Bend Common Council further recognizes that on Friday, May 9, 2008 the Fraternal Order of Police, Lodge # 36 will be conducting at our Police Department Headquarters, the City of South Bend's annual tribute and memorial service to honor all of the South Bend Police Department Officers who have given their lives in the line of duty, namely: Hans Brandt Paul R. Deguch Lewis Keller Delbert Thompson Fred E. Buland Charles E. Farkas, Sr. Neil McIntyre Lloyd Thompson Oscar Christenson Thomas J. DeRue, Sr. Nick S. Polizzotto Howard Wagner Samuel Cooper Ronald St. Germain, Sr Scott Lee Severns with each of these officers having served our city with courage, honor and the utmost of professionalism; with each of them also being remembered in the many other activities at the National Peace Officers Memorial and the National Law Enforcement Museum which is a tribute to the essential role which law enforcement plays in a free a society. CYI &L-A–, 1 t ed, sy cts T— %- -d9ey- SB-4 as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates, celebrates, remembers and gratefully honors each of the fifteen (15) members of the South Bend Police Department who made the ultimate sacrifice while serving and protecting the residents of the City of South Bend, Indiana, and salutes and embraces each of their family members and friends. Section H. The South Bend Common Council honors each of our fallen police heroes who have had the 1042 called out; all of the fallen law enforcement officers across the country, and all of their families, friends and colleagues who have been left behind; not because of the way each of them died, but rather because of the way each of these dedicated police officers lived and faithfully and selflessly performed their many police duties on a 24/7 basis. Section III. The Common Council hereby declares the week of May 11 -17, 2008, as National Police Week in South Bend, Indiana. The Common Council urges all citizens to attend the upcoming Memorial Service on Friday, May 9, 2008, and to always remember those who have given their lives while serving as part of the "thin blue line" standing between the lawful and the lawless. The Council honors each of our dedicated police officers for their individual commitment to their police careers and for their daily commitment to making our community safe & secure. Section IV. 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, I" District Oliver J. Davis, 6'° District Henry Davis, Jr. 2- District o as LaFou aim 3` Dis llo, 4 Dis Dr. David Varner, 5h District John orde, City Clerk Al Buddy" Kirsits At Large Timothy . Rouse, At Large Karen L. White, At Large Kathleen Cekanski- Fanand, Council Attorney cx�dgtred _ d y /c*-1, zoo-,. Stephen J. Luecke, Mayor of South Bend RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING TANIA L. HARMAN OF THE WARREN PRIMARY CENTER FOR BEING SELECTED AS THE 2008 TEACHER OF THE YEAR BY THE SOUTH BEND COMMUNITY SCHOOL CORPORATION the Common Council of the City of South Bend, Indiana, recognizes that there are over 60,000 persons teaching in the 294 public school corporations and state - accredited non - public schools throughout the State of Indiana; and "wfir�w,aa, the Common Council acknowledges that on April 15, 2008 the South Bend Community School Corporation honored thirty-two (32) teachers who serve in our primary centers, intermediate centers and high schools for their teaching skills and dedication to education excellence; and the South Bend Common Council is especially proud to honor Tania L. Harman, for being selected as the 2008 Teacher of the Year by the South Bend Community School Corporation, marking the 29`x' year of this special recognition and making Tania L. Harman eligible to become Indiana's Teacher of the Year; and - . ` %G%eaa, Tania L. Harman is a bilingual grade one and two teacher at Warren Primary Center; is in her 20' year of teaching in the South Bend Community School Corporation, having previously taught at Kennedy, Monroe, Lafayette and Wilson before coming to Warren Primary Center; and Mow,a,., the South Bend Common Council believes that Tania L. Harman represents the very best of the education profession as exemplified by her caring and sensitive attitude, her sincere dedication, her exceptional teaching talents, and her enthusiastic teaching methods to inspire young minds, which are exemplified by her very own words: "Students are more successful when there is a partnership among the students, families, and teachers. The students and I are working together daily, but we also need the parents' support and involvement. Very few of the parents I work with speak English, so I seek out ways to make them feel comfortable in the school, and to help them to be of assistance to their children.... Parents' perception of the schools and of this country is enhanced because they know that they are important to me, so this makes them more eager to be involved.... Teaching is a privilege that enables me to passionately inspire students, colleagues, parents, and me — What greater reward can there be than this .... I expect EVERY student in my class to meet and exceed grade level expectations. CA , { e, /,e a, ,d ed, 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 commends and congratulates Tania L. Harman, a bilingual grade one and two teacher at Warren Primary Center for being named the 2008 Teacher of the Year by the South Bend Community School Corporation, which is the highest of all teaching honors in our community. Section lI The Council wishes Tania L. Harman many more years of continued success as an outstanding teacher in the South Bend Community School Corporation, and hopes that her passion for teaching only continues to grow in the years ahead. 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, 1" District Henry Davis, Jr., 2" District Thomas LaFountain, 3`° District Ann Puzzello, 4' District Dr. David Varner, 5 District A oorde, City Clerk Oliver J. Davis Dis Timothy A.,Ro se, At Large Al `Buddy" Kirsits, At Large Kare L. White, At Large c----), - -+--A Kathleen Cekanski- Fanand, Attorney -(zy 2008 Stephen J. Luecke, Mayor gOU H 8 Community & Economic Development rt > a2 p l -V.- - s-- i--o - -n- - -o f. C:o - m -m - u - n i t V -D e -v -e- l o p -m.e n. t- X865 - -- 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 ♦ Phone 574/235 -9371 ♦ Fax 574/235 -9021 C `qv�04_� N To: Timothy R o u s. e, Common Council President Al K i r s i t s, Zoning and Annexation Committee Chair From: Jeff Vitt0n, City Planner Subject: Cleveland & Lynn wood Annexation Area Date: April 21, 2008 On the evening of April 28, 2008 the Cleveland and Lynnewood Annexation Area will be considered by the Zoning and Annexation Committee and the Common Council. The purpose of this correspondence is to advise you that the Fiscal Plan for the Cleveland and Lynnewood Annexation Area has been amended since its approval by the Board of Public Works on March 24, 2008. After the Board of Public Works Meeting on March 24th the petitioner, Steve Cooreman, his consultant, Mike Danch, the City Engineer, Carl Littrell, and I met to discuss the planned improvements and conditions of annexation. Through this meeting it was determined that the following requirements be established as a condition of annexation: • To the greatest extent possible, the north most entrance and exit on Lynnewood Avenue shall be aligned with the planned entrance and exit on Lynnewood Avenue for the German Township Library. The purpose of this requirement is to reduce vehicular and pedestrian conflict between the exits of both developments. • Curb cuts along Lynnewood Avenue shall be engineered to impede Semi -Truck Trailers from turning north. by constricting the turn - radius to-the necessary- degree. The purpose of this requirement is to reduce the probability of Semi - Trucks Trailers going through the. residential area to the. north. Since Lynnewood is not a thru- street there is not a high probability of this occurring in the first place. • The developer must provide vehicular access to the annexation area from and to the parcels to the east if they are redeveloped for commercial purposes, and must submit a site plan that indicates that the annexation area can accommodate this criterion. This requirement is to ensure that if the land immediately adjacent to the Annexation Area along Cleveland is redeveloped for commercial purposes that the two areas be connected so vehicles going to and fro will not have to exit onto Cleveland. Thereby, reducing congestion on Cleveland. • Each storefront in the planned retail and financial buildings shall have a different fagade, in keeping with new developments referred to as "lifestyle centers " The purpose of this requirement is to ensure the architectural appeal of the development. What We Do Today Makes A Difference! • No drive - through facilities will be permitted in the no!thern -most building to reduce noise pollution to the neighboring residential properties. • No I curbs will be permitted along- Lynnewood- Avenue to -reduce the visual disconnect between the elevation of the roadway and the development site. The preceding requirements are present in the revised Fiscal Plan and the Common Council resolution that will receive second reading and public hearing on the evening of April 28, 2008. Please know that Community and Economic Development supports this request as it is consistent with City Plan: South Bend's 20 Year Comprehensive Plan. Furthermore, the aforementioned conditions of annexation will aid in supporting harmonious land -use integration with the residential area to the north. The petitioner is aware of and has agreed to these additional conditions of annexation. Building plans and other information to satisfy requirements of state and local law must be submitted by the developer to the City as part of the development review process. Failure to comply with all the conditions may result in the City's repeal of annexation. Per the Assistant City Attorney, Aladean DeRose, please know that the Indiana Supreme Court's decision in the case of Carmel v Southwest Clay Township (2007) gives a city broad discretion to amend a fiscal plan, up to the date the Common Council adopts the fiscal plan itself. George Adler will be. presenting the Fiscal Plan on Community and Economic Development's behalf, as I will be out of town. If you have particular questions on this annexation ahead of time please contact me at 235 -5827 or jvitton(&southbendin.gov. cc: Mayor Steve Luecke Members, South Bend Common Council Kathy Cekanski - Farrand, Attorney. for the Common Council Aladean DeRose, Assistant City Attorney Janice Talboom, Deputy City Clerk Carl Littrell, City Engineer George Adler, Community Development Steve Cooreman Mike Danch Filed rat 1� cries ®ffice APR 2 3 2005 �p;�t1 VOORDE cm CL so. BEND, 1% What We Do Today Makes A Difference! RESOLUTION NO. - A RESOLUTION OF THE -- COMMON COUNCIL- OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMANTOWNSHIP (CLEVELAND AND LYNNEWOOD ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance- and a petition by all (100 %) property owners which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 4.92 acres of land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 28.4% contiguous, generally located at the Northeast corner of Cleveland Road and Lynnewood Avenue. It is anticipated that the annexation area will be developed for two retail buildings and a restaurant under the "CB" (Commercial Business) zoning classification as defined by the City of South Bend's Zoning Ordinance. This development will require a basic level of municipal public services of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish•a definite policy showing: (1) the cost estimates of services of a non - capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non - capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal; state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in German Township, St. Joseph County, Indiana be annexed to the City of South Bend: PARCEL I. (ANNEXATION AND REZONING TO "CB" COMN.UNITY BUSINESS DISTRICT) . - THAT PART OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COIJNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTE"RSEC`iION OF THE NORTH LINE OF CLEVELAND ROAD AND THE' WEST LINE' OF LYNNEITOOD AVENUE; THENCE N. 00°- 00' -00" W. (ALL BEARINGS ASSUMED), 41.1.00 FEET 140.E OR LESS; THENCE N. 901- 00' -00" E., 460.00 FEET 140RE OR LESS; THENCE S. 000- 00' -00" E., 93.00 FEET MORE OR LESS; THENCE N. 90 °- 00' -00" E., 80.00 FEET MORE OR LESS; THENCE S. 000- 00' -00" E., 318.00 FEET MORE OR LESS TO THE NORTH LINE OF SAID CLEVELAND ROAD; THENCFS. 90 °- 001-00" W. ALONG SAID NORTH LINE, 540.00 FEET VORR OR LESS TO THE POINT OF BEGINNING. CONTAINING 4.92 ACRES MORE OR LESS, SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer network and water main are available to service this area with any extensions for future development to be paid by the developer; that the annexation area will require curb and sidewalk on the east side of Lynnewood as well as any upgrade of the existing sidewalk on Cleveland to meet City standards; that street lighting, parking, and other similar improvements, together with a drainage plan will be constructed by the developer, and that all improvements under this section as well as any necessary screening, signage, and vehicular access shall conform to the latest state and City of South Bend standards and ordinances. Section IV. It is required as a condition of annexation that neo- traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality. It is required that the annexation area integrate harmoniously with the surrounding residential areas to the north. In consideration of pedestrian safety and proper vehicular movement, it is further required as a condition of rezoning and annexation that the developer give very careful consideration to vehicular access and circulation as well as pedestrian movement for the development within the annexation area. Furthermore, the developer shall provide at its own expense as part of the development review process, a traffic impact analysis to determine the need for traffic controls at the intersection of Lynnwood and Cleveland and for any access openings as shown on the site plan or as may be requested in the future. The traffic impact analysis study area shall include existing or potential commercial frontage on Cleveland Road from Lynnewood Avenue to Lilac Road. In addition to the traffic impact analysis referenced above, to the greatest extent possible, the north most entrance and exit on Lynnewood Avenue shall be aligned with the planned entrance and exit on Lynnewood Avenue for the German Township Library. Curb cuts along Lynnewood Avenue shall be engineered to impede Semi -Truck Trailers from turning north by constricting the turn- radius to the necessary degree. The developer must provide vehicular access to the annexation area from and to the parcels to the east if they are redeveloped for commercial purposes, and must submit a site plan that indicates that the annexation area can accommodate this criterion. Each storefront in the planned retail and financial buildings shall have a different fagade, in keeping with new developments referred to as "lifestyle centers." No drive - through facilities will be permitted in the northern-most building to reduce noise pollution to the neighboring residential properties. No curbs will be permitted along Lynnewood Avenue to reduce the visual disconnect between the elevation of the roadway and the development site. Building plans and other information to satisfy requirements of state and local law must be submitted by the developer to the City as part of the development review process. Failure to comply with all the conditions may result in. the City's repeal of annexation. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. 111RE INTED 1�—.2_g`O o NOT APPROVED ADOPTED Member, South Bend Common C66cil !ailed In Clerk's Office APR 2 3 2008 JOHN VOORDE CITY CLERK,, SO. BEND, IN. THE CITY OF SOUTH BEND FISCAL PLAN CLEVELAND & LYNNEWOOD ANNEXATION AREA Stephen J. Luecke - Mayor South Bend City Council Derek Dieter Henry Davis Jr. Tom LaFountain Ann Puzello David Varner Oliver Davis Al Kirsits Timothy Rouse Karen White Prepared By: Division of Community Development 1200 County City Building South Bend, IN 46601 Pamela C. Meyer, Director Jeff Vitton, Planner Exhibit "A" March 17, 2008 Revised March 27, 2008 Filed in Of4rk's Office APR 2 3 2008 JOHN VOOROE CITY CLERK, S0, HMO, W. Cleveland and Lynnewood Annexation Area TABLE ,OF CONTENTS SECTION I. INTRODUCTION ........................ ..............................3 SECTION II. GENERAL DATA ....................... ............................... 3 A. Location B. Legal Description C. Contiguity D. Size of Annexation Area E. Buildings and Land Use F. Zoning & Subdivisions G. Population H. Tax Rate I. Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES ........... ............................... 5 A. Public Works B. Police Department C. Fire Department & EMS D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA... 9 SECTION V. FISCAL IMPACT ....................................................... 10 SECTION VI. APPROVAL .............................. ............................... 12 Tax Rate Information: TABLE 1 ............... ............................... 13 Legal Description: TABLE 2 ..................... ............................... 14 Map: MAP 1 ...................................... ............................... 15 Cleveland and Lynnewood Annexation Area 3 SECTION I. INTRODUCTION A. General This Fiscal Plan represents the City of South Bend's (hereinafter, "City ") policy for the annexation of property in German Township, St. Joseph County, Indiana (hereinafter, "Annexation Area "), and was developed through the cooperative efforts of the Area Plan Commission and the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Code Enforcement Department of Community and Economic Development Department of Administration and Finance SECTION II. GENERAL DATA A. Location The Annexation Area is generally located north of Cleveland Road and to the east of Lynnewood Avenue approximately 1/5 mile east of the intersection of Portage and Cleveland. See Map 1. B. Legal Description The Annexation Area is part of the Southeast Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana. For a complete legal description see Table 2. C. Contiguity The Annexation Area is at least 1/8 (28.4 %) contiguous to the current City limits: Contiquous 540 feet 28.4% Non - Contiquous 1362 feet 71.6% Total 1902 feet • 100% D. Size of Annexation Area The Annexation Area is 4.92 acres in area. Cleveland and Lynnewood Annexation Area 4 E. Buildings and Land Use The Annexation Area currently contains two vacant single- family homes and vacant land. The existing homes are slated to be removed and three commercial buildings are planned. Two of the three buildings are planned for retail (14,400 and 10,200 square feet) and one is planned for a restaurant facility (5,315 square feet). The proposed site plan consists of 15.76% building area, 61.34% parking area, and 22.90% open space. F. Zoning & Subdivisions The site is zoned "R" Residential and "O /B" Office /Buffer District in unincorporated St. Joseph County. It is proposed to be zoned "CB" Community Business upon approval of the City Council and incorporation into the City of South Bend. G. Population No people currently reside in the Annexation Area. H. Tax Rate The tax rates used are those of 2006 payable in 2007. The Township Rate will decrease by $0.1404 per $100.00 of assessed valuation with the deletion of the Fire Fighting Fund and the Cumulative Fire assessments. The tax rate for the Annexation Area will increase by 2.2482 per $100.00 of assessed valuation with the addition of the City and Town Rate, the Redevelopment District Rate and the South Bend Transpo Rate. The net increase in property taxes will be $2.1078 per $100.00 of assessed valuation. Table 1 shows representative tax rate information as published by the St. Joseph County Auditor. Please note that this data is shown for informational purposes only, and HB 1001 will affect these rates. I. Assessments 2006 payable 2007, St. Joseph County Auditor property tax records: Land: $53,000 Improvements: $166,200 Net: $219,200 J. Municipal Legislative District The Annexation Area will be in the 1st District. Cleveland and Lynnewood Annexation Area S K. Hiring Plan It is anticipated that this annexation will not result in the elimination of jobs for employees of any other governmental entities. The German Township Trustee has been notified of this Annexation. SECTION III.. MUNICIPAL SERVICES A. Public Works Sewer - There is a sanitary sewer on the Cleveland Road boundary of this site. It is a twenty -one inch diameter pipe. It has adequate capacity for the annexation area and for extension northward on Lynnewood to make the sewer available to the next potential customers. Water - The South Bend Water Works currently has a 12" water main on the north side of Cleveland Road that has more than adequate capacity for the annexation area. This water main will provide service to any customer with frontage on Cleveland Road. Since there is no water main along Lynnewood Avenue, any future subdivision of this nearly five acre parcel should maintain frontage on Cleveland Road. Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36- 9 -22 -2, I.C. 8 -1.5 -3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. Street Lighting - If the developer wishes to construct and dedicate additional or decorative street lighting, the City will accept it for maintenance and operation. Otherwise the annexation area property taxes will support additional contract street lighting on Lynnwood. Streets - A traffic impact analysis is necessary to determine the need for traffic controls at the intersection of Lynnwood and Cleveland and for any access openings as shown on the site plan or as may be requested in the future. The traffic impact analysis study area should include existing or' potential commercial frontage on Cleveland Road from Lynnwood Avenue to Lilac Road. Development in this annexation area will require curb and sidewalk on the east side of Lynnwood as well as any necessary upgrade of the existing sidewalk on Cleveland to meet City standards. Drainage Plan - Drainage facilities will be required to be constructed by the developer and meet the latest City of South Bend standards. Waivers of Annexation — No waivers of annexation are in effect for the Annexation Area. Public Work General Budget Analysis 2008 Actual Budget Report for the Department: Cleveland and Lynnewood Annexation Area 6 Expenditures: Miles of Roadway in City: Cost per Mile: New Mileage within Area: Estimated Maintenance cost for Annexation Area per year: B. Police Department $6,303,240 @480 @$13,131.75 @.077 miles (411 feet) @$1011 The Annexation Area would be expected to be added to the already existing BEAT 22. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. At this time it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond the already existing beat patrol. at this time. The area under consideration is not expected to cause any unusual problems. Cost for servicing this area would be expected to be absorbed by the existing budget of the Police Department, as the addition of this area would not be significant to the point of having to increase any budgetary. items. Police services and response time in this area can be expected to be comparable and consistent with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation and coordination of the conversion of the 911 emergency phone system for that area. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2008 Actual Budget Report for the Department: Expenditures: Number of Households in City (2000): Cost per Household: Number of Parcels in City (2008): Cost per Parcel: Proposed Number of Households in Area: Number of new Parcels: Cost for Annexation Area per year: C. Fire Department $27,354,426 @42,908 @637.51 @48,685 @$562 0 6 $3,372 (6 parcels x $562 cost /parcel) Fire Response — The City provides a fully staffed, full time fire department. The Annexation Area will be serviced primarily by Station #11, located at 3505 N. Bendix Road, approximately 0.6 miles away. Additional Fire Department units would respond Cleveland and Lynnewood Annexation Area 7 from Fire Station #7 located at 1616 Portage Avenue which is approximately 2.9 miles away and Fire Station #4 at 220 N. Olive St which is approximately 4.8 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Adequate water supply will be necessary as development takes place. Emergency Medical Response - The City, under contract with St. Joseph County, provides emergency medical response to the unincorporated areas of St. Joseph County. Of the seven ambulances currently in service, 3 are dedicated for response to the unincorporated areas. These are Medic Units #10, 11, and 12. The Annexation Area is currently being serviced by Medic #11, stationed at 3505 Bendix Drive. Upon incorporation, the Annexation Area will be serviced by Medic #4, also located at Fire Station #4, located at 220 N. Olive Street and Medic #3, located at Fire Station #2, 402 Martin Luther King Drive. Emergency medical response will continue to be provided by the City of South Bend. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2008 Actual Budget Report for the Department: Expenditures: Number of Households in City (2000): Cost per Household: Number of Parcels in City (2008): Cost per Parcel: Proposed Number of Households in Area: Number of new Parcels: Cost for Annexation Area per year: D. Code Enforcement Fire Department EMS Fund Fire Pension Fund $21,819,894 $1,013,542 $5,688,519 @42,908 @$509 @$24 @$33 @48,685 @$448 @$21 @$117 0 6 $2,688 $126 $702 Total Per Year Cost: $3,516 The Annexation Area will be added to Area 8. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times and with no additional increase in manpower. The Department will respond to calls for service upon the effective date Cleveland and Lynnewood Annexation Area 8 of the Annexation. Full and dedicated response will be in place within one year of the effective date of the Annexation. 2008 Actual Budget Report for the Department: Expenditures: $2,294,102 Number of Parcels in City (2008): @48,685 Cost per Parcel: @$47 Proposed Number of Parcels in Area: 6 Cost for Annexation Area per year: $282 E. Environmental Services Wastewater Treatment - Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Solid Waste - Industrial, commercial and apartment customers are not served by the Bureau of Solid Waste. The annexation will contain commercial buildings. A licensed private waste hauler will be required to serve this development. For reference purposes, the following Bureau of Solid Waste rates apply for residential customers: Single family rate: Senior rate: Duplex rate: Tri -plex: Quad: Recycling fee: $8.80 per month. $5.50 per month. $13.80 per month $18.80 per month $23.80 per month $1.97 per month F. Administrative Services The City of South Bend provides a wide range of services other than those noted above, such as the Mayor's office, the Legal Department, and the Parks & Recreation. These services are available upon the effective date of the Annexation. Full and dedicated response for non - capital services will be in place within one year of the effective date of the Annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not effect the provision of other services currently provided to this property on a county -wide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, the Area Plan Commission and the St. Joseph County /South Bend Building Department are some of the county- wide agencies and their services that will continue to provide the same type and level of services to the Annexation Area. County -wide services will continue to be supported by the County and Township tax rates that will remain in effect. Cleveland and Lynnewood Annexation Area 9 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA As with any new development, the proposed use and development of this site becomes important relative to its relationship with the existing, surrounding, and planned uses. City Plan's Future Land Use Map identifies the parcels adjacent to Cleveland Road between Lynnewood and Lilac to be developed for commercial purposes. As such, this annexation and rezoning request is consistent with City Plan, South Bend's comprehensive plan. The Annexation Area is an approximately 4.92 acres in size. Adjacent land in unincorporated St. Joseph County to the north is zoned "R" Residential, to the west is zoned "B" Business, and the east is zoned "OB" Office Buffer. Significant commercial development has occurred, and is expected to continue, at the nearby Cleveland and Portage Road commercial node. In consideration of pedestrian safety and proper vehicular movement, it should be required as a condition of annexation that the Developer give very careful consideration to vehicular access and circulation as well as pedestrian movement for the annexation area. As such, the City Engineer, as a condition of annexation, has required that a traffic impact analysis be perform during the development review process. In addition to the traffic impact analysis referenced above, to the greatest extent possible, the north most entrance and exit on Lynnewood Avenue shall be aligned with the planned entrance and exit on Lynnewood Avenue for the German Township Library. Curb cuts along Lynnewood Avenue shall be engineered to impede Semi - Truck Trailers from turning north by constricting the turn - radius to the necessary degree. The developer must provide vehicular access to the annexation area from and to the parcels to the east if they are redeveloped for commercial purposes, and submit a site plan that indicates that the annexation area can accommodate this criterion. Spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting should be given additional review during the development review process to achieve development and design of the highest possible quality. Each storefront in the planed retail and financial buildings shall have a different fagade, in keeping with new developments referred to as "lifestyle centers. No drive - through facilities will permitted in the northern -most building to reduce noise pollution to the neighboring residential properties. No curbs will be permitted along Lynnewood Avenue to reduce the visual disconnect between the elevation of the roadway and the development site. Building plans and other information to satisfy the requirements noted above must be Cleveland and Lynnewood Annexation Area 10 submitted by the developer to the City as part of the development review process. Failure to comply with all the conditions may result in the City's repeal of annexation. Cleveland and Lynnewood Annexation Area 11 SECTION V. FISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the .Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2) The City is financially able to support city services to the territory sought to be annexed. 3) Required improvements made by the petitioner and /or owner of the parcels must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City will be completed within the time frames provide by State law and this fiscal plan. 5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded and projects are closed out. 6) Property tax revenue and land assessment estimates are based on a combination of: 2007 payable 2008 tax rates, taxes paid in previous years by a comparable development, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are subject to change every year. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City -wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services will not be required or possibly requested for many years. Hence, the cost of providing services over the first five should be evaluated with this in mind. Cleveland and Lynnewood Annexation Area 12 TABLE 1 Summary Table - Estimated Fiscal Impact Utilizin4 New 3% Property Tax Cap on Businesses* Expenditures Capital (est.) Non - Capital Per Year (est.) 5 -Year Sewer Extension $0.00 n/a $0.00 Water Extension $0.00 $0.00 Street Lights $0.00 $0.00 Police $3,372 $16,860 Fire &EMS $3516 $17,580 Code $282 $1,410 Street Maintenance $1011 $5,055 Street Construction $0.00 $0.00 Approximate 5 -Year Cost $40,909 Revenues Tax Year @ Property Taxes (est) unincorporated 07108 NA (year 1; 2009) 08/09 $15,000 (year 2; 2010) 09/10 $45,000 (year 3; 2011) 10/11 $90,000 (year 4; 2012) 11/12 $150,000 (year 5; 2013) 12/13 $210,000 Note: All Revenues estimated & cumulative MVH /LRSA estimated from 2001 revenue /mile @$11,340 x S years $4,366 Approximate 5 -Year Revenue $214,366 Estimated full net assessment in 2012: $2,000,000.00 Estimated tax income per year after full development potential is reached in 2012: ($2,000,000.00 X 0.03 = $60,000) $60,000.00. Please know that under the former property tax system the estimated tax income per year after full development would be $80,000.00, and the approximate 5 -year revenue would be $284,366 (a $70,000 difference). *Based upon preliminary understanding of law passed on 3/14/08. Cleveland and Lynnewood Annexation Area 13 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this day of , 2008. Cleveland and Lynnewood Annexation Area 14 TABLE 2 TAX RATE INFORMATION - German Township 2006 Payable 2007 Source: St Joseph County Auditor Certified Tax Rates Chart GERMAN % OF SOUTH BEND % OF TAX RATE FUND TOWNSHIP TOTAL RATE GERMAN TOTAL RATE DIFFERENTIAL Total State Rate 0.0024 0.08% 0.0024 0.05% Total County Rate 0.4581 15.52% 0.4581 9.35% Township Fund 0.0098 0.0098 Poor Relief Fund 0.0019 0.0019 Fire Fighting Fund 0.0793 0 - 0.0793 Township Recreation Fund 0.0008 0.0008 Fire Equipment Debt Fund 0.0426 - 0.0426 Cumulative Fire 0.0185 - 0.0185 Total Township Rate 0.1529 5.18% 0.0125 0.26% Rate Decrease: - 0.1404 Total School Rate 1.5419 52.24% 1.5419 31.47% Total Library Rate 0.1957 6.63% 0.1957 3.99% Total City /Town Rate 0 2.1046 42.96% 2.1046 Total Redevelopment 0 District Rate 0.0615 1.26% 0.0615 Total Airport Rate 0.0277 0.94% 0.0277 0.57% South Bend Transpo 0 0.0821 1.68% 0.0821 Rate Increase: 2.2482 TOTAL TAX RATES 2.9514 80.60% 4.8995 91.57% 2.1078 Source: St Joseph County Auditor Certified Tax Rates Chart Cleveland and Lynnewood Annexation Area IS LEGAL DESCRIPTION PARCEL I . (ANNEXATION jz-1M REZONING TO "CB" COMMUNITY BUS114ESS DISTRICT), THAT PART OF THE SOUTHEAST QUARTER OF SUCTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN MORNSHIP, ST. JOSEPH COUNTY, INDIAJ7A WRICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH LIVE OF CLEVELAND ROAD AN-M THE 'WEST LINEE OF LYNN'MTOOD AVENUM; THENCE N. 00'-00'-00" W. 4ALL BEARINGS ASSU2�MD) , 411.00 FEET 14a-t OR LESS; THENCE N. 901- 00' -00" E., 460.00 FEET MORE OR LESS: THENCE S. 000- 00' -00" E., 93.00 FEET MORE OR LESS; THENCE N. 90 °- 00' -00" ' 80.00 FEET MORE OR LESS; THENCE S. 000-00'-00" E-1 318.00 F'EE'T MORE OR LESS TO THE tTORTH LINE OF SAID CLEVELAND ROAD; THENCES . go,-()0,-00" W. ALONG SAID NORTii LIM , 540.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4.92 ACRES MORE OR LESS- SUBJECT TO ALL L8GAL HIGHWAYS, EASEAMENTS AND RESTRICTIONS OF RECORD. CIiY G Cleveland and Lynnewood Annexation Area 16 MAP 1 Cleveland and Lynnewood Annexation Area 1 *, -rs _0 1 .l .v '� II CCif C'.Ei,'t�, ii it I: 1. r' �: II -' II eveland —_...� I-so m � Trader m STredgr \ I� Bow Ip m Map provided by The City of South Bend GIS -.2007.1 Annexation Area City Limits 0 533 Feet -"�a North February 2008 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 March 19, 2008 The Honorable Council of the City of South Bend 0 Z' 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of Steve and Jean Cooreman to zone from R Single Family District and OB Office/Buffer District (County) to CB Community Business District (City), property located at the northeast corner of Cleveland Road and Lynwood Avenue lying immediately west of 21275 Cleveland Road and south of 52776 Lynwood Avenue, City of South Bend - APC# 2463 -08 Dear Council Members: I hereby Certify that the above referenced ordinance of Steve and Jean Cooreman was legally advertised on Thursday, March 6, 2008 and that the Area Plan Commission at its public hearing on Tuesday, March 18, 2008 took the following action: Upon a motion by John DeLee, being seconded by Richard Warner, with Donna Chamblee abstaining, and carried, the proposed ordinance and site development plan of Steve and Jean Cooreman to zone from R Single Family District and OB Office/Buffer District (County) to CB Community Business District (City), property located at the northeast corner of Cleveland Road and Lynwood Avenue lying immediately west of 21275 Cleveland Road and south of 52776 Lynwood Avenue, City of South Bend is sent to the Common Council with a favorable recommendation subject to Written Commitments that (1) that the egress from the proposed development onto Lynnwood be reviewed by the City Engineer and if it is determined that left out only drives are acceptable, then the design of the egress points will be such that right turn movements onto Lynwood are prohibited; (2) no drive -thru window on the north building; and (3) providing access to the east property. The area along Cleveland Road is commercial/business in nature and will adequately support the development of further commercial businesses. Cleveland Road is a major thoroughfare which supports the type of traffic associated with this type of commercial development. This plan is consistent with what the City of South Bend has envisioned for this area when was adopted City Plan in November of 2006. The required landscaping and buffer yard should buffer the adjacent residential area to the north. The written commitment requiring access to the adjacent eastern property will help connectivity between developments should the adjacent property further develop and should lessen the traffic impact if the adjacent site were developed commercially. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana 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, hn W. Byo OVIN0 -IM Attachment CC: Steve and Jean Cooreman Danch, Harper & Associates, Inc. Staff Report APC # 2463 -08 Owner: Steve and Jean Cooreman Location: The northeast corner of Cleveland Road and Lynwood Avenue lying immediately west of 21275 Cleveland Road and south of 52776 Lynwood Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from R Single Family District and OB Office Buffer District (County) to CB Community Business District (City) to allow restaurants with and without drive -thru window, retail uses, financial uses with or without a drive -thru window. Land Uses and Zoning: On site: On site are two single family homes. One zoned R Residential and one zoned OB Office Buffer District. North: To the north are single family homes zoned R Residential within the County. East: To the east is a funeral home zoned OB Office Buffer District within the County. South: To the south the toll road is vacant land zoned SF1 within the City of South Bend. West: To the west is a beauty shop zoned B Business within the County. District uses and development standards: The "CB" Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is approximately 4.92 acres. The site plan indicates three one -story commercial buildings totaling approximately 30,000 square feet. The buildings will cover approximately 16% of the site. 169 parking spaces are shown for the development. Parking and drive will cover an additional 62% of the site. A residential buffer yard and screening will be provided along the northern property line. Landscaping and open space will cover the remaining 22% of the site. The site plan proposes four access points: two from Cleveland Road and two from Lynnwood Avenue. Zoning and land use history & trends: The site was petitioned for annexation and rezoning to CB Community Business District in May of 2004. The petition was giving a favorable recommendation from the Area Plan Commission. The petition was subsequently withdrawn in July of 2005, prior to receiving a public hearing by the City Council. Traffic and transportation considerations: Cleveland Road has four lanes. Lynnwood Avenue has two lanes. Utilities: The site will be served by municipal utilities. Steve and Jean Cooreman #2463 -08 Page 1 of 3 Rezoning from: "R" SINGLE FAMILY & "OB" OFFICE/ BUFFER to "CB" COMMUNITY BUSINESS Zoning Key COUNTY "R" SINGLE FAMILY COUNTY "OB" OFFICE/BUFFER COUNTY "B" BUSINESS SOUTH BEND 'SF1" SINGLE FAMILY &TWO FAMILY SOUTH BEND 'LB" LOCAL BUSINESS SOUTH BEND "CB' COMMUNITY BUSINESS SOUTH BEND 'GB" GENERAL BUSINESS N 1. W E S 1 inch equals 300 feet APC # 2463 -08 Steve and Jean Cooreman #2463 -08 Page 3 of 3 1 (3/12/2008) Mark Lyons - (no subiect) Page 1 From: <Captnblye @wmconnect.com> To: <jbyomQco.st joseph.in.us> Date: 3/11/2008 10:58 PM Subject: (no subject) Once again someone is proposing the re- zoning and developement of property on Cleveland rd. between Lynnewood and Shellbark; and once again I am opposed to it. Any developement at this location, especially with entrances /exits on these side streets would greatly increase traffic and make these very narrow streets dangerous. This is a small community with children and elderly people who ride bikes and walk these streets; there are no side walks. Its dangerous enough as it is with out increasing traffic. Please come out and see for yourself, I will be glad to show you the neighborhood and talk to you. I am told the developer is Mr. Cooreman. All he cares about is selling, building, and making money and not the harm it will do to the people of this neighborhood. No we don't have a lot of money like Mr. Cooreman, but we are hard working, tax paying, voters ! Don't we mater ? Why does everything have to be about the money? How about doing what's right and fair for the people. This location is just not right for any high volume business, restaurant or etc.... Deveoopement belongs down the street on Portage and Cleveland rd. west. Everyone in the neighborhood has concerns, some different. Have you ever been out behind or down wind of a restaurant and smelled the garbage and trash ? We don't want this at our back yards; however I'm mostly concerned about people short- cutting through our neighborhood making it unsafe for the kids. don't believe anyone here would object to a low volume business such as; a law office, insurance office, real estate office, etc... As long as there are no exits/ entrances to the side streets. Another safety issue is traffic on Cleveland rd. and people entering and exiting the business. Please vote NO to this proposed re- zoning and developement. Thank you. (s.w.corner Lilac /Mays) 6:00 weekdays James Blye 52577 Lilac rd. ph. 243 -1269 after or sat. < /HTML> TO: Area Plan Commission FROM: Kathleen and William Sikes — on behalf of the neighborhood encompas ed by Lynnwood, Shellbark, Mays and the west side of Lilac i We are requesting that the Commission give a "NOT RECOMMENDED" rating for the zoning request for the land at the corner of Lynnwood and Cleveland. This is about destroying a quiet, lawful neighborhood of very modest homes maintained by small incomes. This about light pollution, noise pollution and the j intrusive odors of car exhaust fumes and cooking grease. None of these environmental pollutants can be effectively contained by screens, fences, filters or sticks that hope to be trees. This is about fear. No one wants to be perceived as refusing to allow a developer to earn a living. Everyone is afraid to be seen as opposing growth. Our economic structure seems to depend on the constant destruction of green spaces and neighborhoods s'o that yet another shiny building can be built. There are lots of shiny new buildings along Portage and they will look like trash in a few years as our Destructo economic machines drives further north and west and creates newer and shinier areas. i' This is about arrogance. In a previous encounter, we made it very plain that h comer is an absolutely lousy place for a commercial zoning. This space will be filled wi problems for the county, the city and most certainly for the residents of the neighborhood. Yet, here we are again going over the same ground and proving the same points. Why should our taxes pay for meetings, sewers, stop lights and road reconfigurations? This is also about crocodile tears. Surely during the presentation there will bq'' comments made by the petitioner as to what a great new feature this area will be a' how he will make every effort to be friends with the neighborhood. He already owns trashed house on the property in question and he has not attended to it or the complaints nearby neighbors. To us this shows his real level of concern. The answer to a zoning change was NO three years ago. A lousy idea rarely $ets better with age and this one certainly hasn't. It's still a lousy idea. FZ =C -I 1,2 2008 PLAN! COMMlSSiJPd II - 6,P 7v xtu PETITION AGAINST ZONING CHANGE By signing this petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you are against this proposal because of the now and future damage to dur residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. NAME 1. f 2.� 3. 5-7y-c2� X77 -vrY- z 5. 6. 7. L 8. 0 11. c./c�r �e `L� / O o2 / cz-✓e . 302- 12. :j 13. ��/ ���J �` �` /lam.,. 5J7;7Y, JY,I/�/.i? 1,7 14. 1� r '' y� E) � Ci &I WivY I- clue A3 "H rS C'1 s "z�2 stl� PETITION AGAINST ZONING CHANGE By signing this petition, you indicate that you are against the rezoning and possible annexation of the property . at Lynnwood and Cleveland. You also indicate that you are against this proposal because of !the now and future damage to our residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at '0' for office and to maintain the resided tial community as it is. NAME ADDRESS 1. 2. 3. 5. 6. 13 7� ja 8. 9. V' , A : 127 /�XR'e� z' e-- 13. '0A 14. 15. PETITION AGAINST ZONING CHANGE By signing this Petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you are against this proposal because of the now and future damage to our residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. ADDRESS 7. 8. 9. 10. 11. 12. 13. M. 15. PETITION AGAINST ZONING CHANGE By signing this petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you are against this proposal because of the now and future damage to our residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. NAME ADDRESS " S 1-i,1/---OJ 3. O "'" 4.�.�.,1� 5 6 7 8 9 1 1 1 1 1 1 Z� PETITION AGAINST ZONING CHANGE By signing this petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you are against this proposal because of the now and future damage to our residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. NAME ADDRESS a 1. x,11 z. o? /S 3. 5. 6. 7. 8. I 13. 14. 15. PETITION AGAINST ZONING CHANGE By signing this petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you are against this proposal because of the now and future damage to our residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. NAME ADDRESS 2. 3. ;�^•,r�- .•�'"c�, . �-`t -� Wiz.- r"y' -r 4,�_ 4. W 7. 8. - 10. 11. 12, 13. 14. 15. PETITION AGAINST ZONING CHANGE By signing this petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you are against this proposal because of the now and future damage to our residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. NAME ADDRESS 3._ 4. 5. 6. 7. ^, 9.� 10, 11. 12. 13. 14. 15. , ) µ G U" ti (7 ItiyNNP-a1cc Va -- PETITION AGAINST ZONING CHANGE By signing this petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you are against this proposal because of the now and future damage to our residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. NAME ADDRESS M 6. 7. 8. 9. 10. 11. 12. 15. PETITION AGAINST ZONING CHANGE By signing this petition, you indicate that you are against the rezoning and possible annexation of the property at Lynnwood and Cleveland. You also indicate that you are against this proposal because of the now and future damage to our residential area. Your signature will be a recommendation to the Area Planning Commission and, if necessary, to the Common Council to reject the rezoning proposal, to keep the zoning at `O' for office and to maintain the residential community as it is. NAJJ ADDRESS 77 -,4�1 2.o 4. 5Z701 5KQ a Y K 3 5. C- a 6. c- s5 "c10p1 9. �� Z�• �� �ShQ �1 �nr1� Qnv� 2�{3 -18 11. 12. 13. 14. 15. (3/13/2008) Larry Magliozzi - rezoning of property at corner of Lynnwood and Cleveland Page 71 From: "heede @netzero.net' <heede @netzero.net> To: <Imaglioz @co.st joseph.in.us> Date: 3/12/2008 9:56 PM Subject: rezoning of property at corner of Lynnwood and Cleveland Dear Mr. Magliozzi As a resident of Shellbark Avenue, I request that you do not change the zoning of property at the corner of Lynnwood and Cleveland. We do not need another eating place as we have seven in a half mile radius. In the warmer weather. when we have the windows open, we get the smells from some of the eating places, which isn't always pleasant. We also get the cups, napkins, and half eaten food tossed on our lawns and we have to clean this up, which isn't a nice task. If the property is sold, will the owner take off the top soil and then let the property grow up in weeds? We have that on the east side of Shellbark and it only encourages people to throw there garbage on the property. This "mess" has lower our property values. We try to maintain nice homes and surroundings and a sight like that does not help. Cleveland is a very busy street and entering it safely is hard now. With more traffic it will be even worse. Please consider the residents around this area when you think of changing the zoning. Thank you for your time. Eleanor A. Koester Shellbark Avenue Get your fix. Click here for reliable handyman services! http:// thirdpartyoffers .netzero.net[TGL2221 / fc/ loyw6i4vd4QBHVsBeiWR7f5dZY74VrvCR683EYttpeQBOaw Xtza4bQ/ (3/13/2008) John Byorni - rezoning of property at corner of Lynnwood and Cleveland Page 1 From: "heede @netzero.net' <heede @netzero.net> To: <jbyorni @co.st - joseph.in.us> Date: 3/12/2008 9:46 PM Subject: rezoning of property at corner of Lynnwood and Cleveland Dear Mr. Byorni: As a resident of Shellbark Avenue, I do not want the property at the corner of Lynnwood and Cleveland to be rezoned for the purpose of building an eating place. We already have seven eating places within a half mile radius and another one is not needed. In the warm weather, when the windows are open, we get the smells from some of these restaurants. We also get the trash along our street of cups, plates, napkins and bags with half eaten food in them. As residents, we have to pick this stuff up and it isn't a pleasant task at times. Cleveland is a busy street and with more traffic ,exiting our street will be very dangerous. At times I wait a good while to safely enter Cleveland. Also, I am afraid the property will have its top soil taken off and then left to grow in weeds and create another good place for people to thrown their garbage. We already have that just east of Shellbark. The look of that property has down graded the value of our property. Residents work hard to maintain a nice look neighborhood and we don't want it all ruined. Please consider the residents of the neighborhood when making a final decision. thank you for your time. Eleanor A. Koester Shellbark Avenue Get your fix. Click here for reliable handyman services! http: / /thirdpartyoffers. netzero.net[TGL2221 / fc/ loyw6i4vd4P5aBnB7ytXSVL6dvONmOGTC7Cl 119pQEmXg gsPttstgP/ (3/10/2008) Larry Magliozzi - Fwd: To the area planning commission re: #2463 -08 Page 1 From: "Brent Cummins" <BCUMMINS @southbendin.gov> To: "Rebecca Neese" <RNEESE @southbendin.gov> Date: 3/1012008 9:23 AM Subject: Fwd: To the area planning commission re: #2463 -08 Becky, Please review. Thanks >>> Kaye J Kale <mbdkjk @juno.com> 3/10/2008 9:07 AM >>> Once again Mr. Coorman is trying to line is pockets with no regard for the safety of others. I hope you go check out the area before making any decision. There is no cross over on Cleveland which means people will be making u -turns on Cleveland or turning onto Lynnewood which is barely wide enough for two cars to pass. I think any rezoning of this property to anything commercial is ill advised. Kaye Kale 52450 Lynnewood Ave. 113 zone AREA P -COM WSSION 77 IWZAIM 61 `71�� -mac` u ON :etP, March 14, 2008 Area Plan Commission of St. Joseph County John W. Byomi, Executive Director Larry P. Magliozzi, Assistant Director 1140 County -City Building South Bend, IN 46601 Dear Sirs, 7 21008 AREA PLAN GOZIUOSS1044 RE: APC 2463 -08 Thank you for the opportunity to respond to the requested rezoning of the proposed development by the Cooreman Group at Lynnewood and Cleveland Roads. We believe in the wisdom of the Area Plan Commission to respect and protect the rights of the homeowners and the public from unnecessary over - development in areas that are not suitable. With the Portage Prairie Development there is no shortage of Community Business District property on the Northwest side. City and County governments in South Bend need to retain residential areas and not sell out to developers whose best use of this property for them is a 24 hour retail business. He who wants a 24 hour McDonald's next to their home cast the first vote for rezoning. This area does not have supporting streets from the side or rear of the property. Cleveland Road entrances would be costly and dangerous, and would further congest the area and the availability between the commercial corridors on Business 31 and the Portage district. Cleveland is also the main east/west link in our city and should not be over - developed and congested. Whether it's a city zone or county zone, the area should not be changed at the expense and inconvenience of the areas' residential citizens. The area can be developed for churches, banks, medical /dental, or professional offices, condos, villas, a "Golden Dome View" retirement community, or other SOFT commercial use. Please consider voting against the zoning change for the property at Cleveland and Lynnewood. Does South Bend have the money available to annex the area; put streets, sidewalks, traffic lights, turn lanes, water, sewer, sewer lift stations, as well as street lights for the whole neighborhood for such a small area of revenue from the development? Put retail with other retail and acceptable soft commercial blending with the residential zone that's 95% of the immediate area. That strip is one of the main windows of our city from the Toll Road view. Let's get it cleaned up and construct something classy and attractive there please. Thank you for your consideration. Phil and Carry Maternowski 21387 Mays Drive South bend, IN 46628 F 9 r I Mark Lyons - propisosed rezoning From: Joan Aldrich To: , , Date: 3/18/2008 9:56 AM Subject: propisosed rezoning CC: Dear Sirs and Madam It has come to my attention that there is a proposal afoot to rezone Cleveland Road in the vicinity of Shellbark and Lynnewood. I have serious concerns regarding such a rezoning inasmuchas it is very near my home at 52921 Lilac Road; in fact, it may abut my backyard. I understand that the general area around Cleveland Road and Portage Avenue is rapidly becoming commercial. However, it is clear that the small area of private homes that is bounded by Lilac Road, Mays Drive, Lynnewood Ave, and Cleveland Road will probably never be annexed into the city of South Bend, and thus we will never receive the benefits of being part of the city. Thus it is important to us home - owners to protect and preserve the intended use of our private lands. I could live with rezoning to an office- buffer use since that would preserve my privacy as much as possible. However, the possibility of businesses that might be open late, have food -waste that attracts pests, and pollution by lights and noise is completely unacceptable. Besides being an impingement on my use of my property, I fear that such rezoning would imperil my property value and might even imperil my personal safety. Thus, I sincerely implore you to reject any rezoning of the Cleveland Road area that would allow any businesses beyond the scope of office - buffer use. Further, I request notification of any open meetings or other methods of remonstrance that are available to me. Sincerely, Joan Aldrich 52921 Lilac Road South Bend IN 46628 574- 271 -4867 i.e.aldrich@sbcglobal.net MAR 18 2008 AREA PLAN COWIMISSIO3 l file: / /C:\Documents and Settings\Mlyons \Local Settings \Temp\XPgrpwise \47DF91D58JC... 3/18/2008 REVISED 2/27/08 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT # 1 (STEVE & JEAN COOREMAN) (NORTHEAST CORNER OF CLEVELAND ROAD AND LYNNWOOD AVENUE LYING IMMEDIATELY WEST OF 21275 CLEVELAND ROAD SOUTH OF 52776 LYNNEWOOD AVENUE, SOUTH BEND, INDIANA 46628) STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 4.38 + /- acres located in German Township, St. Joseph County, Indiana, has been filed by either fifty -one percent (51 %) of the owners of the land in the territory sought to be annexed and zoned, or the owners of seventy -five percent (75 %) of the total assessed value of the land for property tax purposes. It is the intent and purpose of the Ordinance to annex this territory to the City of South Bend, Indiana. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one -eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: PARCEL I. (ANNEXATION AND REZONING TO "CB" COMMUNITY BUSINESS DISTRICT) . THAT PART OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH LINE OF CLEVELAND ROAD AND THE WEST LINE OF LYNNEWOOD AVENUE; THENCE N. 00 °- 00' -00" W. (ALL BEARINGS ASSUMED), 411.00 FEET MORE OR LESS; THENCE N. 90 °- 00' -00" E., 460.00 FEET MORE OR LESS; THENCE S. 000- 00' -00" E., 93.00 FEET MORE OR LESS; THENCE N. 900- 00' -00" E., 80.00 FEET MORE OR LESS; THENCE S. 000- 00' -00" E., 318.00 FEET MORE OR LESS TO THE NORTH LINE OF SAID CLEVELAND ROAD; THENCES. 90 °- 00' -00" W. ALONG SAID NORTH LINE, 540.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4.92 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. V; SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate, with the exception of all adjacent rights -of -way, is hereby established as "CB" Community Business District for Parcel I in the City of South Bend, St. Joseph County, State of Indiana; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. That the above described real estate shall be and hereby is assigned to the 1st Councilmanic District of the City of South Bend, Indiana. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approved by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the Day of , 2 , at O'clock . M. City Clerk Approved and signed by me on the Day of at O'clock M. Mayor, City of South Bend, Indiana 1 s; READING PUBLIC HEARIiVG 3 rd READING NOT APPROVED q� REFERRED PASSED 2 Filed In Clerk's Off e �,IAR - 3 2008 JOHN VOORDE CITY CLER , SO, SEND, 1% Revised 2/27/08 PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA We the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in German Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1). We are the owner(s) (hereinafter "petitioners ") of a parcel of land more particularly described in Exhibit "A ". 2). Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3). That this Petition is signed by at least (CHECK ONE): X a. fifty -one percent (51 %) of the owners of the land In the territory sought to be annexed; OR b. the owners of seventy -five (75 %) of the total assessed value of the land for property tax purposes. 4). The property sought to be annexed and rezoned is located at the Northeast corner of Cleveland Road and Lynnwood Avenue lying immediately West of 21275 Cleveland Road and South of 52776 Lynnwood Avenue, South Bend, Indiana 46628. 5). The Property Tax Key Number(s) 04- 1050 - 1183.01, 04- 1057 -1380, 04- 1057 -1381, 04- 1057 -1382, 04- 1057 -1383, 04- 1050 -1182 6). The name and address of the property owners of the petition site is /are: Steve & Jean Cooreman 4404 Technology Drive South Bend, Indiana 46628 (574) 277 -0116 7). The name and address of the contingent purchaser(s), if applicable, is: N/A 8). The property is 4.92 + /- acres in size and currently has the following use(s) on it: Single - Family homes & Vacant land. 9). The number of current residents in the annexation area: None. 2 10). It is desired and requested that the petition site be rezoned From: St. Joseph County zoning classification "R" Single Family District & "O /B" Office /Buffer District To: City of South Bend zoning classification "CB" Community Business District for the following uses: Restaurants with and without a drive - thru window, Retail uses, Financial uses with or without a drive -thru window. 11). The anticipated "build -out" year for the project: 2012 with favorable economic market conditions. 12). Proposed number of lots: Approximately One to Three. 13). The proposed miles of new roadways: None. 14) . The following as been submitted with the Petition: 1). A legal description of the property, titled Exhibit "A 2). A list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3). Seventeen (17) site plans; 4). Addressed, stamped envelopes for all property owners within 300 feet of the petition property 15). The signature(s) of all property owner(s), or Attorney for all ,,property owner(s). j. Signed: �S eve Cooreman J Cooreman 4 04 Technology Drive 444 Technology Drive South Bend, Indiana 46628 South Bend, Indiana 46628 (574) 277 -0116 (574) 277 -0116 Name, Address & Phone Number of Contact Person /Preparer: Danch, Harner & Associates, Inc. C/O Michael Danch 1643 Commerce Drive South Bend, Indiana 46628 (574) 234 -4003. Filed In Cleric's Office YAR - 3 2008 C71f CLEPK, <0. BEND, IN. 0 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EASTMEST ALLEY SOUTH OF GOLDEN AVENUE FROM WOODWARD AVENUE TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EASTMEST ALLEY SOUTH OF GOLDEN AVENUE FROM RIVERSIDE DRIVE TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 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 property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first alley to be vacated is the first East/West alley South of Golden Avenue from Woodward Avenue to the first North /South alley for a distance of 120 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley South of Golden Avenue from Riverside Drive to the first North /South alley for a distance of 120 feet and a width of 14 feet. Being a part of the Shetterley Place 3rd Plat, Portage Township, City of South Bend, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 18- 1061 -2587 18- 1061 -2586 18- 1061 -2608 18- 1061 -2641 Section IV. The purpose of the vacation of the real property is for safety and security reasons. The side door to our home at 1043 Riverside Dr. opens right on to the alley with the potential of the door being opened or someone stepping out into an oncoming vehicle. Secondly, pedestrian traffic uses this side alley its' close proximity to our home diminishes our privacy and increases our need for security measures. 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, and upon recording of a cross easement between the property owner and the contiguous property owners. Member of the Common C66ncil 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. City Clerk Approved and signed by me on the day of , 2 , at o'clock . M. I st READING `'���� PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana Filed In Clerle- 0 "Ice MAR 2 0 2008 Jcii YSQ RB dD, IM. N- cLE,�It, PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL DATE: j ! Zc ,- o OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: fs�L-t -� ot- B. THE STREET DESCRIBED AS: NAME (signed & printed) N1,tcH��L ,y,LtS�S ADDRESS RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK M 455 COUNTY C T LOT # la'-tw,( - IS?, -j CONTACT PERSON (S) NAME: w G(A ac t- jJ SES ADDRESS: ROO SOUTH BEND, IN 4660 1 ) `' of ice 574 - 235 -9221 E: � w-E CI T Y c! :i!! -; sr3 uElND,1% jCUC�f� S Zq -2M -4-72-7- - 6-jq - `2--LO- -71cc) - C-ir-LC_ 5HET1ER134 129 THR� ' CALIFORNIA LEGAL DESCRIPTION: The first alley to be vacated is the first East /West alley South of Golden Avenue from Woodward Avenue to the first North /South alley for a distance of 120 feet and a width of 14 feet. The second alley to be vacated is the first East /West alley South of Golden Avenue from Riverside Drive to the first North /South alley for a distance of 120 feet and a width of 14 feet. Being a part of Shetterley Place 3rd Plot, Portage Township, City of South Bend, St. Joseph County, Indiana *is Re c uounty F'arceis PARCELID NAME_1 STREET CITY TE ZIP 1 18- 1062 -2664 NORTHWEST NEIGHBORHOOD INC PO BOX 1132 South Bend IN 46624 2 18- 1062 - 263501 KAHAL INA E 611 CALIFORNIA AVE. South Bend IN 46616 3 18- 1062 -2636 BILBREY DANIEL G. & JOYCE A.MISC 613 -615 CALIFORNIA AVE. South Bend IN 46616 4 18 -1062 -2666 JOHNSON FRED 1019 WOODWARD South Bend IN 46616 5 18- 1061 -2588 SHILLINGSBURG PETER L & MIRIAM J 1041 RIVERSIDE South Bend IN 46616 6 18 -1062 -2651 STEYAERT PHILLIP 712 CALIFORNIA ST South Bend IN 46601 7 18 -1062 -2637 HANTUBA JOYCE 243 E BROADWAY South Bend IN 46601 8 18- 1061 -2607 HEAMON THERESA 1026 WOODWARD AV South Bend IN 46616 9 18- 1061 -2580 SYSYN ROMAN 1067 RIVERSIDE DR South Bend IN 46616 10 18 -1062 -2650 WILLIAMS GARRETT R 66880 SMILAX RD North Liberty IN 46554 11 18- 1062 -2649 NEAR NORTHWEST NEIGHBORHOOD INC 1007 PORTAGE AVE South Bend IN 46616 12 18 -1061 -2591 WRIGHT LORRI J 1033 RIVERSIDE DR South Bend IN 46616 ' 13 18- 1062 -2663 BURNETT CALLIE A 1005 WOODWARD South Bend IN 46616 ' 14 18 -1062 -2667 LEONE CHARLES 719 CALIFORNIA ST South Bend IN 46616 15 18- 1062 -2635 RATCLIFF JUDITH M AS TRUSTEE OF JUDITH M RATCLIFF REVOC TRUST PO BOX 2 South Bend IN 46624 16 18- 1062 -2674 FEWELL WILLIAM D & BARBARA 1157 E CALVERT ST South Bend IN 46613 1 17 18- 1062 -2670 FEWELL WILLIAM D & BARBARA A 1157 E CALVERT ST South Bend IN 46613 i 18 18- 1062 -2665 NEAR NORTHWEST NEIGHBORHOOD INC P.O. BOX 1132 South Bend IN 46624 19 18- 1062 -2668 KIBUTU MARY 7412 CHADWELL CR UNIT 203 Windsor Mill MD 21244 20 18- 1062 -2669 JOHNSON ANNA 1901 OSOLO RD LOT # 208 Elkhart IN 46514 21 18- 1062 -2639 MATERNOWSKI PHILIP C & CAROLYNN W 1010 WOODWARD DR South Bend IN 46616 22 18- 1062 -2672 LEONE CHARLES S 1055 RIVERSIDE DR South Bend IN 46616 X23 18 -1062 -2671 TURNBO JAMES E 23125 ACACIA PL South Bend IN 46628 24 18- 1061 -2596 BENNETT RICHARD J AND HELEN M 1017 RIVERSIDE DR South Bend IN 46616 25 18- 1062 -2639 MABRY BRIAN & LAURA 1014 WOODWARD South Bend IN 46616 26 18 -1061 -2595 SIMA JOSEPH C & BONNIE M SIMA 1019 RIVERSIDE DR South Bend IN 46616 / 27 28,18-1061-2594 18- 1062 -2640 HARDING MICHAEL & HARDING KIMBERLY %OPTION ONE MORTGAGE REASOR TERRENCE L P.O. BOX 1941 1021 RIVERSIDE DR Mishawaka South Bend IN IN 46546 46616 29 18 -1061 -2593 BISCUSO DOMINIC W & LEDDY KELLY M AS JOINT TEN W /FRGS 1025 RIVERSIDE DR South Bend IN 46616 30 18- 1062 -2641 BARTHOLOMEW DARLENE E TRUSTEE OF THE DARLENE E BARTHOLOMEW REVOCABLE TRUST DATED 6/28/05LIFE ESTATE 53278 BA -J ER LANE South Bend IN 46635 31 18- 1061 -2592 TASCHEfTA JOSEPH J & HUGHES ROLANDA L 1029 RIVERSIDE DR South Bend IN 46616 32 18- 1061 -2608 HEAMON THERESA 1026 WOODWARD AV South Bend IN 46616 33 18 1061 -2590 BUTT RYAN D 1035 RIVERSIDE DR South Bend IN 46616 34 18 -1061 -2589 SMITH JACQUELYN G 1037 RIVERSIDE DRIVE South Bend IN 46616 `'35 18 -1061 -2606 MCCARTHY JOHN & BRENDA 3523 FALLEN LEAF LANE San Antonio TX 78230 36 18- 1061 -2605 EMME ERIN S & MARY D 1038 WOODWARD South Bend IN 46616 37 18- 1061 -2587 NEISES MICHAEL A & CHRISTINE M 1043 RIVERSIDE South Bend IN 46616 38 18- 1061 -2604 BRIDENSTEIN REBEKAH K 1040 WOODWARD AVE South Bend IN 46616 39 18- 1061 -2586 WILBER MARY ELLEN 1910 E JEFFERSON South Bend IN 46617 40 18 -1061 -2585 PRICE THOMAS M & ANN GRAHAM PRICE 1049 RIVERSIDE DR South Bend IN 46616 41 18- 1061 -2603 SEAGO LOUIS M & LOUIS M III & MICHAEL D AS JOINT TENANTS W/A FORS 2506 S MICHIGAN ST South Bend IN 46614 42 18- 1061 -2584 LEONE CHARLES S 1055 RIVERSIDE DR South Bend IN 46616 43 18- 1061 -2583 LEONE CHARLES S 1055 RIVERSIDE DR South Bend IN 46616 44 18- 1061 -2582 BARABASI ALBERT - LASZLO 1059 RIVERSIDE DR South Bend IN 46616 45 18 -1061 -2581 TAYLOR BYRON J 1061 RIVERSIDE DR South Bend IN 46616 46118-1061-2579 1 HARTZ CHRISTOPHER R & MEGAN CONWAY 11069 RIVERSIDE DR South Bend IN 46616 4 dz %X - v k,u; 3GiC it31- — Z Filed In Clarks Office LIAR Z 1316 COUNTY -CITY BUILDING 227W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS July 23, 2007 Mr. Mike Neises 1043 Riverside Drive South Bend, Indiana 46616 PHONE 5741 235 -9251 FAx 574/235 -9171 TDD 574/ 235 -5567 RE: Alley Vacation — Entire North/South Alley East of Golden Avenue and North , of Woodward Avenue Dear Mr. Neisel: Upon review by the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office, the following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient subject to cross access easements. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. The Fire Department stated that the alley vacation may make it difficult for the homeowners to use the garage. Community & Economic Development stated that there may be- problems with garage access by existing adjacent property owners because all four garages are oriented towards the alley proposed for vacation. You will need a radius map showing properties witlun 150' of the proposed vacation and an executed Cross Access Agreement for your petition to the Common Council. Please contact Tony Molnar at (574) 235 -9254 prior to picking up your radius map. GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER June 23, 2007 Neises, Mike Page 2 of 2 Once these concerns are 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 Littrell, Engineering March 20, 2008 To: Common Council City of South Bend From: Michael Neises 1043 Riverside Drive South Bend, IN Re: Petition for alley closure Dear Council Members, Our desire for an older home along with a strong impression that South Bend was making a renewed commitment to its neighborhoods led my wife and I to move from Granger in August of 2006 and purchase a previous rental property at 1043 Riverside Drive. One of the undesirable features of the property is a cross -alley on the north side of our property, particularly because our home sits right on the alley without any buffer. Our side door literally opens on the alley, with the risk of being hit by a vehicle when opening the door or stepping out of the entryway. Traffic, though very limited, moves too fast, and is of a "cut through" nature. It is generally an unsafe area as it relates to traffic, and a particular concern for us as we age, and also when we have our grandchildren over. A second concern is the matter of privacy and safety, both for us and our property. The alley gives access to individuals to our side and back property in a way that makes us feel vulnerable at times, and we have had a few instances of teen boys just hanging out in the alley, literally right under our windows. We therefore, respectfully request that the Common Council render a favorable decision and vacate the alley described in the ordinance. Sincerely, Michael Neisesst��,� J,�i'i 'i 'J 4 1 114. CIV p�i� 1316 COUNTY -Clrt BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUEcKE, MAYOR BOARD . OF PUBLIC WORKS July 23, 2007 Mr. Mike Neises 1043 Riverside Drive South Bend, Indiana 46616 PHONE 574/ 235 -9251 FAx 574/ 235 -9171 TDD 574/ 235 -5567 RE: Alley Vacation — Entire North/South Alley East of Golden Avenue and North of Woodward Avenue Dear Mr. Neisel: Upon review by the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office, the following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient subject to cross access easements. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. The Fire Department stated that the alley vacation may make it difficult for the homeowners to use the garage. Community & Economic Development stated that there may be- problems with garage access by existing adjacent property owners because all four garages are oriented towards the alley proposed for vacation. You will need a radius map showing properties within 150' of the proposed vacation and an executed Cross Access Agreement for your petition to the Common Council. Please contact Tony Molnar at (574 ) 235 -9254 prior to picking up your radius map. GARY A. GILOT, P.E. CAPS. P. LITTRELL, P . DONALD E. INKS PRESIDENT MEMBER MEMBER June 23, 2007 Neises, Mike Page 2 of 2 Once these concerns are 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 A Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboorn, City Clerk's Office Carl Littrell, Engineering a INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: A.arl Littrell, Engineering Department A. Byorni, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development mob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department ,-Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(a),nisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk RE: Request for Recommendation - Alley Vacation Location: Entire North /South Alley East of Golden Ave and North of Woodward Avenue (Preliminary Review) DATE: June 20, 2007 DUE: July 2, 2007 FAX OR E -MAIL TO: 235 -9171 / ImartinPsouthbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. 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R.2f� 23 200 8-2c P'(`l To 5 D,dL Y AJ6, -FnR- A) ECA AJ6- I, P, 1 T Memory TX Result Report ( Jun,21. 2007 8:32AM) m T 1) BRD PUB WORKS & SAFETY 2) BOARD OF PUBLIC WORKS & SAFETY Date/Time: Jun,21. 2007 8:30AM File Page No. Mode Destination Pg(s) Result Not Sent ----------------- -- -------------------------- ------------------------------------------------------— 9289 Memory TX 82359813 P. 2 OK 82842220 OK ---------------------------------------------------------------------------------------------------- Reason for error E. 1) Hans up or l+ne fail E.2) Busy E. 3) No an E.4) No facsimile connection E.5) Exceeded max. E —mail size yru v 4d; +r o w INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl L9trel. Engareadn9 Qepsi ment Jahn Byoml, Area Plan Commission (235 -9813 fay) Jeff Gibney, Community & Economic Development Chris Dmssel, Community & Economic Development Bob Mathla, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste WOtlam Kraus, Police Department Stephen Goen, Police Department Cheryl Greene, ClyAtlameys Office Jim Beilln, NIPSCO Orbetfmlalnisource.com or284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Cierk,4(t— RE: Request for Recommendation .Aley Vacalion Location: Entire NorthlSoulh Alley East of Golden Ave and North of Woodward Avenue (Preliminary Review) DATE: June 20,2007 DUE: - July 22007 FAX OR E- MAILTO: 235 -91711 Imartinasouthbendin.aov RETURN RECOMMENDATfON PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO irbettin nisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk- RE: Request for Recommendation - Alley Vacation Location: Entire North /South Alley East of Golden Ave. and North of Woodward Avenue (Preliminary Review) DATE: June 20, 2007 DUE: July 2, 2007 FAX OR E -MAIL TO:. 235 -9171 / Imartin(c7southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: oUTH p 1866 INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(@nisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk- - RE: Request for Recommendation - Alley Vacation Location: Entire North /South Alley East of Golden Ave and North of Woodward Avenue (Preliminary Review) i DATE: June 20, 2007 DUE: July 2. 2007 FAX OR E -MAIL TO:, 235-91711 Imartin(&southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: f%�`j BY: DATE: Jun 24 07-07:59a SBPD TRnFFIC (219)235 -9308 P.10 INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl t-ittrell, Engineering Department John Byorni, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettinCa.nisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk��, RE: Request for Recommendation - Alley Vacation Location: Entire North /South Alley East of Golden Ave. and North of Woodward Avenue (Preliminary Review) DATE: June 20, 2007 DUE: July 2, 2007 FAX OR E -MAIL- TO: 235 -9171 / [martin unsouthbend!n.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS; BY: DATE: - &% Area Plan Commission of St. Joseph County 1140 County -City Building i South Bend, Indiana 46601 John W. Byorni Larry R Magliozzi Executive Director Assistant Director 1 Fax 574 235 -9813 Phone 574 235 -9571 www.stjosephcountyindiana.com June 25, 2007 The Board of Public Works 13`t' Floor, County -City Building South Bend, Indiana 46601 RE: Vacation Entire North/South Alley East of Golden Ave. and North of Woodward Ave. Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient subject to cross access easements. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Staff recommends that the alley be vacated subject to cross access easements and any further utility or turning radius easements recommended by the Engineering and Building Departments. Sincerely, R bert Nemeth, Senior Planner I Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS T0: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO 'rbettin nisource,com or 284 -2220 fax) Purposes Informational FROM: Linda M. Martin, ClerK�y RE: Request for Recommendation - Alley Vacation Location: Entire NorthJSouth Alle East of )Id en Ave. and North of Woodward Avenue (Preliminary Review) DATE: June 20, 2007 DUE: July 2, 2007 FAX OR E -MAIL TO: 235 -9171 / Imartln southbandlrt. ay i RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. ' COiVIMENTS & RECOMMENDATIONS: �9Lzz See d 6-. u 5 J T- GC�.�C d %` � cud? f T •c �jpr!J� o c,N S o V I S t'J -�c�i� / S G � P 1. 7 � pi�-2 ,D jr•W � �� BY: C ' �►t-� DATE: TO /T0 39dd 1d3Q 3NId QN39 Hinos 50E65EZVL5 69 :TT L00Z /BZ /90 INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235 -9813 fax) z Jeff Gibney, Community & Economic Development,- Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development p, � Robert Sanders, Fire Department Jack Dillon, Solid Waste C;TY OF S t I ; ; ; p -,nj William Kraus, Police Department DIV. OF E:NGINEEii:i'' Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettinna.nisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk,,= RE: Request for Recommendation - Alley Vacation Location: Entire North /South Alley East of Golden Ave. and North of Woodward Avenue (Preliminary Review) DATE: June 20, 2007 DUE: July 2, 2007 FAX OR E -MAIL TO:. 235-91711 Imartinna southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: T',aG s 71bF_ `PzcaPc -t7 �ne3,.1. BY: `,Flutfi'SC�f�a�llC DATE: - �—�� 1200 CouNrY-CiTy Bu1LDING 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. LUEcxE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY April 7, 2008 ExECUTIvE DIRECTOR President Timothy Rouse South Bend Common Council 400 County City Building South Bend, Indiana 46601 Dear President Rouse: The attached ordinance will appropriate monies from Fund 410 for the purpose of supporting the City's partnership with the Community Foundation of St. Joseph County in two ways: the Potawatomi Park "Fun for All" project and the Aging in Place Home Modification Project. The Park project represents a partnership among the City through its Parks & Recreation and Community & Economic Development departments, the Rotary Club of South Bend and The Troyer Group. The recreational project transforms components of the heavily utilized Potawatomi Park complex making it accessible to people of all abilities. A successful Kellogg Foundation grant of over $400,000, plus contributions from an anonymous donor and the Community Foundation join with the City's $122,000 to meet the grant's match requirements. Additional private dollars are being invested for improvements to the Park outside of this grant. The Aging in Place Home Modification Project began in July of 2007 with the Milton Funds for Senior Housing at the Community Foundation and Wells Fargo, each contributing $333,333 for a total of $666,666. Through the expertise of REAL Services Weatherization Department and Aging Services, the program allows activities that include modifications to make a home barrier free and safe. The program targets low income seniors in South Bend, with a special focus on African Americans, and an intent to assist these citizens to remain in their home as long as possible. The program goal is to modify 100 homes at an average cost of $10,000 per home. To date sixty -four (64) homes have been assisted. The City desires to participate as a partner in this program with a contribution of $333,333 and at this time requests an appropriation of $278,000. A review of the locations assisted through the Home Modification Project, the South Bend Home Improvement Project (SBHIP) and Rebuilding Together (RT) is being COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL -& PROGRAM J PAMELA C. MEYER DONALD E. INKS MANAGEMENT (j _ 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAx: 5741235 -9697 574/235 -9371 President Timothy Rouse April 7, 2008 Page 2 completed. All three programs offer assistance to the same population and can complement each other. I will present this ordinance at your meeting on April 28, 2008, along with representatives from the Community Foundation and entities involved in each of the activities. Please contact me with any questions prior to then. Thank you. Sincerely Pamela C. Mey Director Community Development cc: J. Gibney P. St. Clair C. Fanello J. March C. Nanni, Community Foundation � ICZ CPf Y CLF? ORDINANCE NO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $400,000 WITHIN FUND 410 FOR POTAWATOMI PARK FUN FOR ALL AND AGING IN PLACE HOME MODIFICATION PROGRAMS STATEMENT OF PURPOSE AND INTENT The government of the City of South Bend in partnership with the Community Foundation of St. Joseph County is committed to the delivery of services, the goal of which is, to improve the quality of life in the City and for its residents. The funds appropriated in this ordinance will aid in the defraying of costs associated with park improvements and accessibility to all individuals, and home modification services to low income senior citizens. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. The sum of $400,000 is hereby appropriated within Fund 410 for use as a match towards the recreational project costs of the Potawatomi Park "Fun for All" project, and for the match towards the Aging in Place Home Modification Project with the following distributions: Potawatomi Park Fun for All $122,000 Aging in Place Home Modification $278,000 TOTAL $400,000 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. Member of the Common Council Attest: City Clerk Presented by me 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 ,20 , at o'clock_.m. 1st READING PUBLIC HEAPING "s rd READING NOT APPROVO REFERRED PASSED Stephen J. Luecke, Mayor -fled In Clerk's APR - 9 200`' pz�)_ RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4315 South Lafayette Boulevard AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR REAL PROPERTY TAX ABATEMENT FOR Heraeus Kulzer, Incorporated WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4315 South Lafayette Blvd., South Bend, Indiana, and which is more particularly described as follows: 2E Parcel l: 314 X675.6" BEG 628' W NE COR SE' /4 NE' /4 4.86AC SEC 26 37 Parcel 2: 314 X 628' BEG NE COR SE' /4 NE' /4 4.528 A SEC 26 37 2E and which has Key Numbers 23- 1013 - 075802 (Parcel 1) and 23-1013-075 801 (Parcel 2) presently, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution -- - d�si�mat ng -tlle area�dcserib-are, herei�as- arr-Economrc- -evita iza ion -� of- r- the- - - - - -- - _ purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et se A. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common C uncil - KLSENTED -�� NOT APPROVE[:) ADOPTED "" 1200 COUNTY -Clny 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, IAAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY April 21, 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: HERAEUS KULZER, INC. Dear Council Member Dieter: On April 14, 2008, the Common Council approved a Designating Resolution for a tax abatement for the subject firm. At that time the firm had not completed a list of construction contractors and suppliers for its proposed project as called for in the petition forms. Jn approving the Designating Resolution it was noted that the firm would qualify for no more than an eight -year tax abatement term. The firm agreed to provide the required in prior to the Council considering its confirming resolution. The project entails the renovation of an existing building located at 4315 South Lafayette Boulevard, South Bend, to be used for the firm's corporate headquarters. The firm has now completed the list of contractors and suppliers and submitted it to me. I have reviewed the information and found that the firm qualifies for a tax abatement term of five years. A copy of the Public Benefit Points Summary used to calculate the abatement term is attached together with a complete copy of the tax abatement petition. A representative of the firm plans to attend the Council's public meeting on April 28, 2008, to present the firm's Confirming Resolution. 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 COMMUNfrY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235 -9660 5741235 -9371 ELIZABETH LEONARD FAx: 574/235-9697 574/235 -9371 * Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. 21- Apr -08 Heraeus Kulzer, Inc. Public Benefit Points Summary Qualify Earned Available Public Benefit Item: 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 Projects (point values are cumulative): A. 100% to 199% Y 25 25 B. 200% to 299% Y 68 68 C. 300% to 399% N 0 65 D. 400% and Over N 0 52 Sub -total Super Size Projects: 93 210 3. Construction Related: A. Employ Local Companies Y 20 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contract( 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: 60 141 4. Wage & Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Pension Benefits Y 29 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: 124 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 35 D. Provide Targeted Hiring Preference N 0 34 Sub -total Workforce Related: 118 152 6. Pay 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: 395 1000 * Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. HERAEUS KULZER, INC. 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 Protects: 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: 395 Base Years of Abatement Additional Years of Abatement: Total Years of Abatement: 5 H2 April 18. 2001' Robert Mathi a ClEy of South Bend Carr monity �� Cconomic Development 227W. Jefferson Lit -,A. Suite 12005 SOtoth Bend, IN 46601 -18;0 Dear Mr. Mathia. Enclosed please (Ind the final Petition for Reel Property Tax Abatement Consideration and a check for $ 918.00 filing fee, We understand that based on the points we would qualify for a five (5) year abatement. Thank you for your Delp and please let me know the future steps in the process. I will be :attending the Common Council Committee and Futl session meetings on April 218. 2008. We also anticipate a press release announcement on April 25,'_008 and will ai that time confirm project approval with Mr. Voorde as instntcted by the Council at the l;aSt meeting. Thank you ti)r Four help and sensitivity to tale project ;announcement. You can contact me at 5 74- 210 -01 65 for any questions. Best Regards. 1 f` (1 Bernie Bolk.a VP --- Finance and Administration CC: C. Holden Attachment: Petition 041808 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 a five (5) year 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 seg., 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: Heraeus Kulzer, Inc. is considering relocating its North American HQ to South Bend Indiana. The continued and increased utilization of the South Bend site for distribution and manufacturing employment is enhance with operational and financial efficiencies. As we compete for new service and manufacturing opportunities the plan for expansion utilizing the consolidated site at South Bend would be very attractive with the infrastructure being considered. Land Size 9.388 acres; Building Size 25000 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): Manufacturinq and Distribution of Dental Consumable Products. 3. Estimate the dollar value of the project (excluding land): $ 1.800.000 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $ 1.970.600 (Rev 101'231-06) >_ (a) The real property ibrwhich tart atr<atenient consideration is petitioned (I)mpe;r y) is c wneJ or to be owned by the toIlowing individuals or corporations (irthe busmen: organization is publicly held, indicate: also the name of'the corporate; parent, ifany. and the name under vdiiclt the corporation hits filed with the Securities and l xchanxge Commission): NAME ADDRESS INTERE.S'TCY0 11craeu:: Kinzer. lne. 431; S I..afaye:tte Blvd. IOoi/r, kb) Tlie foll(. wijig other person(s) lease, intend to lease:, or have an option to tatty the Pro pertl; (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST { /6} 6. The. commonly known address of the Property is: Same 7. The Key Number(s) of said property is: 23 -1013- 075802 23 -1013- 075801 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 13,1 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. 11. The redevelopment or rehabilitation project itself will create 35 full -time and 0 part -time permanent jobs within the first year, representing anew annual payroll of S S2,922,953 and will maintain 61 existing permanent full -time and existing permanent part -time jobs including existing permanent full -time minority employment of 9 and existing permanent part - time minority. employment of 0 with an annual payroll of S $3,211,500 fq.V I(Y';-ar,) 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): See Attached 13. Provide current employment gage 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): 14. Indicate whether your company provides the following benefits (use YIN): Y Health Care Benefits Y� Pension Plan —_Y 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) _N_, 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) N_ 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: (R-,- t2!_19"06) Full -Time Part -Time Laborers S 17.87fhr. $ Technical S 54.5001yr. $ Managerial S 88,0001yr. $ Administrative S 49,000iyr. $ 14. Indicate whether your company provides the following benefits (use YIN): Y Health Care Benefits Y� Pension Plan —_Y 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) _N_, 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) N_ 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: (R-,- t2!_19"06) Year Real Property Taxes Personal Property Taxes 2007 $ 144.330 2008 S207,775 2005 $ 218.686 2004 $ 185,976 2003 $ 268,792 (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 2008 2007 2006 Full Part Full Part Full Part Black 7 6 6 Hispanic 2 2 2 Asian 1 1 1 Indian 0 0 0 Other 0 0 0 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: No, yet we maintain an EEO policy, see attached. 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 4 (Rvv t : "'9'06) Property by the Community and Economic Development Department Pays for the cost of cleaning up a .'Brownfield,w 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 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): No 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? No 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): No 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). 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 application). 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). 5 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: 3843 SIC 339114 NAICS 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 06- 1154129 27. The current use of the Property is Manufacturing and Distribution and the current zoning is Commercial (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 andfor personal property) and date of approval. None 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. None 30. The following person(s) should be contacted as Petitioner= =s agent regarding 6 ' additional information and public hearing notifications: Name: Bernard Bolka Address: 4315 S. Lafayette Blvd. City, State, Zip: South Bend Indiana 46614 Telephone: 574- 299 -6621 or 574 - 210 -0165 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: Sandra Wisler Address: 4315 S. Lafayette Blvd. City, State, Zip: South Bend IN 46614 Telephone: 574 -299 -6622 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 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. Name of Property Owner(s): Heraeus Kulzer, Inc. q By: i e Bernard J. Bolka Vice President Finance and Admin. (Officer) 7 In the follo illu Chart Please indicate companies that wcm ll4ecl for purchasing maleri;tls used in the construction gar reliabilitrttioll associated vy,itli the project. Include the location of the company, dcscrihtion ol'the; materials, and cast of the materials, Local companies include those located in St. Joseph County, Additional inl6rmation may he rc clue teed for verification c:11'11ils inlormattion. (Il'inore space is 11ee(Iec1, I)IeasC h.lt0t0c0pv this ha C) `%► o I' Name anti Address of Cunt ariv Desci-i tion of Materials Cost of Materials Grand 'I'otaI Local Companies (see above): 1.Big C Lumber Company, Granger, IN Lumber Materials $30,462.00 2.Old Fort Building Supply, South Bend, IN Sheetrock /Metal Stud Materials $40,112.00 3.Aggregate Industries, South Bend,, IN Ready Mix Concrete S 4,588.00 4.CMA Supply Inc, South Bend, IN Concrete Access orieslReinforcing $ 375.00 S.Rose Fuel and Supply, South Bend, IN Masonry Products $10,355.00 6.Builder's Iron Works, Mishawaka, IN Structural Steel $23,952.00 ^7. 8. 9. 10. Total Local Non -Local Companies: 1.Marshall Building Specialties 2.Lazzaro Companies 3. 4. 5. Total Non -Local GRAND TOTAL iftcv 12 =29,06) Toilet Partitions/Accessories Doors and Hardware $115,844 $ 7,814.00 $23,099.00 S30,913 $14$,747 78,9 % 21.1 % III (lae I' i,lic,���in�� rh,trt please fist tilt; companies thin tivIII be used t'or the construction associated with the projcct, Indicate the nal1ic and address ofcoch ik►t»l),Illy; list till: (101411" ;1111011111 ol'the xvork to be provided hy each ctattai allN indicate yv hether or not IOW'. ofthc v%orkk:rs are t ntl�l„\ c:c of that t <nlil }alit }` artcl ttcat tllllcl ?crltltitl t �1ft(r ttitc,T :: inclicalc �ti halter or not the company pas workers \va"es that nice( the wade rates ti,r caih clastiiiiCatielTa c,f� kthcarers �ancl rnccllanic5 pt1131is1TetJ Iry tlae E . 17epaat °t l7ent raf� l.abc}r; iTttlictate tvhelhcr or not. tiler c«Illpany contributes it) a 1lealth plats Im, its employees indicate xvhether or not the 4rmlpan� conlrihutes to t pension plan fir itti employees, and indicate whether or not tilt; company maintains an aftirniative action plan or other simil<u plan to achieve racial diversity. Local Companies iticltide Hulse located it) St. Joseph Comity. Additional inlormation may he requested for verification of this information, (K.-Idditionaal space is neede(, please photocopy this pagO. �I (Rev 1'.:" � 06) 100% Workers Pay Maintain are Employees U.S. Dept. Contribute Contribute A&rta" Name and Address of Contract (Not independent Labor Wage to a Health to a Pension Action _ Construction Company Amount Contractor) Rate (YIN) Plan (YIN) Plan (YIN) PlanfYlM Local Companies (see above): General Contractor: 1. Majority Builders, inc., South Bend, IN S 631,030.00 Yes No Yes Yes Yes Sub - Contractors, 2. Arnt Asphalt, South Bend, IN S 16,766.00 Yes No Yes Yes Yes 3, HS Altman, Inc., South Bend, IN S 3,200.00 Yes No Yes No Yes 4, Sharp Interiors, South Bend, IN $ 57,000.00 No No Yes Yes Yes 5.. Tri- Valley Glass, South Bend, IN $121,000.00 Yes No Yes Yes Yes 6. Lambie's Painting, South Bend, IN S 30,500.00 Yes No No Yes Yes 7. Barany Sheet Metal, South Bend, IN S 66,328,00 Yes No Yes Yes Yes 8, Shambaugh Inc, Mishawaka, IN S 39,400.00 Yes Yes Yes Yes Yes 9. North Central Mech. Mishawaka, IN $281,000.00 Yes No Yes Yes Yes 10. Campbell Electric, Mishawaka, IN 5155,200.00 Yes No Yes Yes Yes 11. Coatings Application & Waterproofing Co S 47,242.00 Yes No Yes Yes Yes 12. J. Dzieria & Assoc South Bend, IN 1150 QQO�gQ Yes N/A Yes Yes Yes Total Local $967,636.00 Non-Local Companies- 1.Austin Masonry, Michigan City, IN 529,980.00 Yes No Yes Yes Yes 2.Michiana Steel Erection, Elkhart, IN S 9,000.00 Yes No Yes Yes Yes 3.LaSalle Bristol, Elkhart, IN $75,441.00 Yes No Yes Yes Yes 4.13earAcoustics, Columbia, City, IN $41,892.00 Yes No Yes Yes Yes 5. Lue manufacturing, Wakarusa, IN $45,021.00 Yes No Yes Yes Yes Total Non -Local _?01_,334100 GRAND TOTAL S 1,800,000.00 Total Project Cost from Petition $1.800,000.00 Difference (Please explain): $ 0.00 �I (Rev 1'.:" � 06) --- - - - --- RCS- OLUTION 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 2107 BASIN STREET OR 5421 ROYAL STREET, 5413 AND 5405 ROYAL STREET, 2205, 22139 22219 22299 22379 22459 23039 23119 23149 23069 22369 22289 22209 2212 ST. CHARLES STREET, 2204 ST. CHARLES STREET OR 5422 ROYAL STREET, 2203 CANAL BOULEVARD OR. 5430 ROYAL STREET, 2211, 22199 2227, 22359 23079 2315, 23149 23069 22389 2230, 2222 AND 2214 CANAL BOULEVARD AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 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 9.82 acres within NW %a, Section 32, T37N, R3E, South Bend, Indiana, and which is more particularly described as follows: A PARCEL OF LAND BEING A PART OF PARENT PART OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, CITY OF SOUTH BEND, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 DEGREES 16 MINUTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1363.59 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 53 MINUTES 49 SECONDS EAST ALONG THE SOUTH LINE OF A PARCEL OF LAND AS RECORDED UNDER INSTRUMENT NUMBER 8634826 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 753.67 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 624.74 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST ALONG THE NORTH LINE OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AND STONEHEDGE ESTATES, SECTION II, AS RECORDED UNDER INSTRUMENT - - --BRS�J5= 1--621 - -7— *9236=1 =54-F ESP- EC= TIVEL -Y; Iii= T- HE= OEPIC=E-iOr- SAID= I3l:,GORDEP, —rA- DISTANCE OF 750.68 FEET TO THE WEST LINE OF SAID'NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 16 MINUTES 29 SECONDS WEST ALONG SAID WEST LINE, A DISTANCE OF 625.15 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 10.791 ACRES, MORE OR LESS; SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHTS OF WAY OF RECORD. LEGAL DESCRIPTION HEREIN PREPARED BY THOMAS A. OESTERLING, REGISTERED LAND SURVEYOR, INDIANA LICENSE NUMBER 11462, EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, LLC, FOR TAMPICO DEVELOPMENTS, L.L.C., ON APRIL 14, 2008. LINE BEARING DATUM DESCRIBED HEREIN BEING RELATIVE TO SAID STAFFORDSHIRE ESTATES, SECTION TWO SUBDIVISION. and these 31 lots do not yet have individual key numbers but are part of Tax ID Number 26- 1035- 0589.02, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et se ., and South Bend Municipal Code Sections 2 -76 et seg., 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 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 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 finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se q., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or ,y-dwel- Pings -in the - area - are -mot permanently occupied= ancfar — i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds 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 Ecanami� - e meni Gommltteethanhe- are—a-herei dscribed=b--dL-sipaiod- 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 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 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 Council IEZ In ffice PRESENTED NOT APPROVES 4 ADOPTEf? iN. 1200 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDiANA -46601 -1830 April 9, 2008 PHONE 574/235 -9371 FAx 574/235 -9021 - TDD 574/ 235 -5567 CITY- OF SOUTH BEND STEPHEN J. I.UECI E, IMAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY v GIBNEY 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: Residential Real Property Tax Abatement Petition for: Tampico Developments, LLC 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 Brian Miller of Tampico Developments, LLC.. They intend to develop the undeveloped agricultural property into thirty -one residential lots located within Crescent Oaks, Section One. 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 develop the thirty -one lots at a cost of $5,735,000. The project meets the qualifications for a (5) five - year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, April 28, 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/, 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 & PROGRAM PA,,4ELA C. MEVER DONALD E. INKS MANAGEMENT 574/235 -9660 574/235 -9371 ELIZA13ETH LEONARD FAx: 574/235 -9697 574/235 -9371 TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: TAMPICO DEVELOPMENTS, LLC DATE: . April 9, 2008 On April 7, 2008, a petition for residential tax abatement consideration for un- platted real property located approximately ' /z mile south of the intersection of Jackson and Ironwood Roads on the east side of Ironwood (NW '/4, Section 32, T37N, R3E) was filed with the City Clerk by Brian Miller of Tampico Developments, LLC. 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 -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 DESCRIPTION Tampico Developments, LLC of 828 East Jefferson Boulevard, South Bend, IN intends to develop 9.82 acres of agricultural farmland into 31 residential lots. The lots will be located within the proposed development called Crescent Oaks. The development will include approximately 1,427 linear feet of public streets, one stormwater retention area, and the associated public and private utilities. The homes will be built by Weiss Homes and will range in size from 1,300 to 2,000 square feet and will include basements. The estimated price of each home is $185,000. Total taxes to be abated during the (5) five -year abatement period on one home are estimated at $10,262.19. Total taxes to be paid during the (5) five -year abatement period on one home are estimated at $7,451:34. For 31 homes, the taxes abated would be $318,127.89 for five years and the taxes paid would be $230,991.54 for five years. . South Bend Common Council RE: Tampico Developments, LLC April 9, 2008 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner, Tampico Developments, LLC, has been associated with or granted the previous tax abatements. Term/Type Resolution No. Date 5 year real property 3352 -04 07/12/04 5 year real property 3398 -04 10/25/04 5 year real property 3480 -05 07/08/05 2. The Building Commissioner has reviewed this petition and finds the properties 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 of the development areas; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is not required. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year residential tax abatement under Section 2 -77.1, Single Family Residential Construction. 5 YEAR 9- Apr -08 TAMPICO DEVELOPMENTS, LLC South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (assume 85% of project cost) LAND (assume $10,000) Gross Assessed Value Less Mortgage Exemption Less Standard Homeowners Deduction Base Assessed Value Less Maximum Abatement Deduction Less Non - Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of $185,000.00 Total Taxes Tax Abated ** Tax Paid * ** 157,250.00 157,250.00 157,250.00 10,000.00 N/A N/A 167,250.00 157,250.00 157,250.00 (3,000.00) (3,000.00) (3,000.00) (35,000.00) (35,000.00) (35,000.00) 129,250.00 119,250.00 119,250.00 N/A N/A (74,880.00) N/A (44,370.00) N/A N/A N/A 10,000.00 129,250.00 74,880.00 54,370.00 5.1524% 5.1524% 5.1524% Gross Tax (tax rate x net assessed value) 6,659.48 3,858.12 2,801.36 Less SRTC: 21.6906% (1,444.48) (836.85) (607.63) Less Homestead Credit: 32.0670% (1,672.29) (968.83) (703.46) Net Tax 3,542.71 2,052.44 1,490.27 Year Net Assessed Value Total Taxes Due Tax Abated Tax Paid 1 129,250.00 3,542.71 2,052.44 1,490.27 2 129,250.00 3,542.71 2,052.44 1,490.27 3 129,250.00 3,542.71 2,052.44 1,490.27 4 129,250.00 3,542.71 2,052.44 1,490.27 5 129,250.00 3,542.71 2,052.44 1,490.27 5 year totals: 17,713.53 10,262.19 7,451.34 *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 Tampico Developments, LLC 31 lots *Current tax levy for the 9.83 acres * *Includes 31 houses. LAND* BUILDINGS ** TOTAL Year 1 $312 $46,198 $46,510 Year 2 312 46,198 46,510 Year 3 312 46,198 46,510 Year 4 312 46,198 46,510 Year 5 312 46,198 46,510 Total $1,560 $230,990 $232,550 *Current tax levy for the 9.83 acres * *Includes 31 houses. STATEMENT OF BENEFITS Stale Form 27167 (R7/12-01) tY Prescribed by the Department of Local Government Finance .m• FORM INSTRUCTIONS: 1. This statement must be submitted to the body designating the economic revitilization area prior to the public hearing if the designating body requires infor- mation 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 a person installs the new manufacturing equipment and 1 or research and development equipment, or 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. (1C 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, or prior to installation of the new manufacturing equipment and I or research and development equipment, BEFORE a deduction may be approved. 3. To obtain a deduction, Form 322 ERA, Real Estate Improvements and I or Form 322 ERA I PPME and 1 or 322 ERA 1 PPR & DE, must be freed with the county auditor. With respect to real propperty, Form 322 ERA must be filed by the later of (1) May 10; or (2) thirty (30) days after a notice of increase in real property assessment is received from tha township assessor. Form 322 ERA I PPME and i or 322 ERA PPR & DE must be tiled between March 1 and May 15 of the assessment year in which new manufacturing equipment and I or research and development equipment becomes assessable, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991 must submit Form CF - 1 annually to show compliance with the Statement of Benefits. (/C 6-1.1- 12.1 -5.6) 5. The schedules established under iC 6 -1.1- 12.1 -4(d) and IC 6 -1.1- 12.1 -4.5 (e) effective July 1, 2000 apply to any statement of benefits riled on or after July 1, 2000. The schedules effective prior to July 1, 2000 shall continue to apply to those statement of benefits filed before July 1, 2000. taxpayer IRC,0 of taxpayer (street and number, city, state and ZIP code) �,, II -(-- _ <.0o -t_4 Quo, irk 4&G17 Name of contact p�er on L7f'ZIt4f�l !•tll.CF.2 YPOP0pER1rnQrJS �EtSS 4oMr=S? Iti1G. Telephone number (s�4i z.4 -77.3 K6191 'A I 10 •. •. Resolution number Name of designating body SO,J -n - njg C)l COW -A0Q <f4,cJn1GT (.- Location of pr perty _ County N f 1 gjEG. 32 "r 37 t`� (Z3 E S'7-_ SOSEPI -} Taxing 'district Fit`) T,�htNSF} i i' Description of real property improvements and I or neW manufacturing equipment and I or research and development equipment (use additional sheets !f necessary) ESTIMATED Start Date Completion Date spitz 1 iAL� `06 �(Lo PEIl T`f 1 S t3 �t W-, PE�iE I�°PED t r\]ro 3 Real Estate NM, "A- SJ,j6,c.r— FAMtt.:q p6stDC- rjrlAt_ �h-s , vJH -IGi+ 1AF New Mfg Equipment � -1 EL7 tt?4 Lni G(LF OAt�s, `TtoN OAJC- • R & DE WA- aPir- LP(Lo posF.p Current number Salaries Number retained Salaries Number Num ; er additional Salaries 1 V t-t lv''t N /� NA- lvnC NOTE: Pursuant to iC 6 -1.1- 12.1- 5.1(d) (2) the Real Estate Improvements Machinery Research and Development Equipment Cost Assessed Value Cost Assessed Value Cost Assessed Value COST of the property is confidential. Currentvalues PA4*M`r t_ Plus estimated values of proposed project rj i 3S 000 Less values of any property being replaced Net estimated values upon completion of project • . . . • Estimated solid waste converted (pounds) NAr Esti ted h zardouswastetb ve a (poun s) Other benefits: - 2008 NA- 4 -'� 7 ,;raft, YCCRDE Ci?Y ct a {, so. ai:NO, tit. • Imam M-7-TIT) I hereby_certify that the re resentations in this statement are true. Signature of authorized representative Title Date signed (month, day, year) 1 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 City of South Bend for Residential Real Property tax abatement consideration and pursuant to 1-C- 6-1.1-12.1-1, et seg., 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 t e importance of the project (use additional sheet for long project descriptions): ! t� f2oPo Pty , IL4 2 p2oJ1DF t�G�� M LOTS dN q �� $GAS "(ks S oN pF 'i"r1�` D�J�wPMc�Jr ���� en..a. ii cMG�TS. ON�— S'rr>am h� rL- l2v't�n�TlDf.1 A�A A-,�r o Tlt� SOUAT�`i5 PuC3LIL Z.000 Sn.i T, N ttJ S( M i.3oo F ` -S W1LV U_S 2. Estimate the dollar value of the construction project (do not include land cost): $ 3. The teal 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): �Wne Address Interest 4. The commonly known address of the Property is: St=d �7AcD and having tax key no. (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit "A ", and is incorporated herein. 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit `B ", and is incorporated herein. 7. The current assessed valuation of the property before construction is $ (oq, 3 (use additional sheet for multiple addresses). (This information maybe obtained from the St. Joseph County Assessor's office 235-9523) o3S ,(kSSL -SSED �(AWArtlonJ OF �An1� ovJL�l of P/+P�NT }ft.S�AJWv, TA-4- tt7. 0�Bq.oZ. 8. Photographs of the Property, taken within two (2) weeks of the filing o t is 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 cuAeLnt�Ts owner or a previous owner (use additional sheet for multiple addresses t. T�� � A- cA-- A. DWc oat '� -S = �ll `lam• f3 PA-�4 S,sSS�i9 ac�� 7cM A3 TIMP tJ a (31 u e� ,tit _ IGl 759 Z(o �� ^AS •{f s PA-+A ZooG A40 ZOO(, �4icFS Pa �D X07 (This information may be obtained from the St. Joseph County Treasurers office 235- 9531)-.1o3s- �a58aj,OZ jA4-tiS AAA r-aa- 14- -9$ 1�G1L� PAJLt�ntl- p - F;AJt�G 1 R� t.t�.$� OF 10. What is your best estimate of the after completion market value of the property: $ 5,7;19,000 11. 12. 13 No building permit has been issued for construction ] bu building permit may be cormection with the improvement after the South Bend question as of the date of filing of this petition. Common Council has approved the Declaratory Res is verification of this-statement ffs nt vailable if a building permit has already beeri issued): The signature List o ther a nticipated p ublic f inancing for t he p roj ect, i ncluding a ny a ssistance t o b e s ought o r already authorized through the United States Department of Housing and Urban Development s funds from ri Housing South Bend, South Bend Housing Authority, Housing Assistance Office, Consortium or other public financial assistance, including but not limited to public works improvements: ONE- 14. 15. Describehow the property has become undesirable 00£;in Tovements o� other development f factors which ehave impaired of development, cessation of growth, deteriorate p values and prevent a normal development of the property: �r rnc.n . a n t-�►� '� 16. t r.1 i� 1 cc� Mg2� E� Pr4'o -�` i ^' `a ` • r Lp ay,p and the current The current use of the property is /( 6,21 zoning is 5t=- l (use) and �_ a)` + (This information may be obtained from the Building Department 235 -9553) The property is located in the following Allocation Area (if any) declared ed an Redevelopment confirmed by he Soot Commission)- Redevelopment Commission (requiring approval of the tax abatement y The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name Addre City, Telepl WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that t the n Common described herein asna it of the k-ily of South Bend, Indiana, adopt a declaratory resolution abatement consideration, and after publication of notice and distressed area for the purposes of real property public hearing, determine that th qualifications for a residentially distressed area have been met, and confirm such resolution. Name of Property Owner(s): � L 1 ° h'r APR -1 2008 --I CfCt GL�r,i:, QMt�fG'O �.IJEaI �pML -�iS . L' ��r l f._ By: (Signature) _ ►% ► I'�`�ci.�/t �P of ePeF JA ors (Typed or printed name and capacity) 2 Property Addresses Crescent Oaks, Section One (Proposed) Lots 1 2 3 Address Tax Key #s 2107 Basin Street or 5421 Royal Street Unavailable for all lots. 5413 Royal Street 5405 Royal Street 4 2205 St. Charles Street 5 6 7 2213 St. Charles Street 2221 St. Charles Street 2229 St. Charles Street 8 2237 St. Charles Street 9 2245 St. Charles Street 10 2303 St. Charles Street 11 2311 St. Charles Street 12 2314 St. Charles Street 13 2306 St. Charles Street 14 2236 St. Charles Street 15 2228 St. Charles Street 16 2220 St. Charles Street 17 2212 St. Charles Street 18 2204 St Charles Street or 5422 Royal Street 19 2203 St Canal Boulevard or 5430 Royal Street 20 2211 Canal Boulevard 21 22 23 2219 Canal Boulevard 2227 Canal Boulevard 2235 Canal Boulevard 24 2307 Canal Boulevard 25 2315 Canal Boulevard 26 2314 Canal Boulevard 27 2306 Canal Boulevard 28 29 30 31 2238 Canal Boulevard 2230 Canal Boulevard. 2222 Canal Boulevard 2214 Canal Boulevard The tax key number of the parent parcel is 26 -1035- 0589.02. Tax key numbers for the individual lots included within Crescent Oaks, Section One will be assigned by the County Auditor's office after the Secondary Plat is recorded. F.• IProjectsl M7 -07841 Taz AbatemeniVax abatement -sect 1 -property addresses & tax key numbers.doc Filed In Clerk's Office E'c"in auacL CITY C, � ;4;, t3. BENA .N. EXHIBIT "A" LEGAL DESCRIPTION: CRESCENT OAKS, SECTION ONE (PROPOSED) A PARCEL OF LAND BEING A PART OF og AS RECORDED IN OFFICE OF RECORDER RDER OF ST. RECORD INSTRUMENT NUMBER 9 JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, CITY OF SOUTH BEND, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 DEGREES 16 MINUTES 57 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1363.61 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 53 MINUTES 49 SECONDS EAST, A DISTANCE OF 709.74 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 122.75 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 02 SECONDS EAST, A DISTANCE OF 60.00 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST, A DISTANCE OF 29.75 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 57 SECONDS EAST, A DISTANCE OF 252.00 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST, A DISTANCE OF 3.77 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 57 SECONDS EAST, A DISTANCE OF 190.01 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST, A DISTANCE OF 683.00 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER.; THENCE NORTH 00 DEGREES 16 MINUTES 57 SECONDS WEST ALONG SAID WEST LINE, A DISTANCE OF 625.15 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 9.888 ACRES, MORE OR LESS; SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHTS OF WAY OF RECORD. LEGAL DESCRIPTION HEREIN PREPARED BY THOMAS A. OESTERLING, REGISTERED LAND SURVEYOR, INDIANA LICENSE NUMBER 11462, EMPLOYED BY ABONNIARCHE CONSULTANTS OF INDIANA, LLC, FOR TAMPICO DEVELOPMENTS, L.L.C., ON MARCH 27, 2008. LINE BEARING DATUM DESCRIBED HEREIN BEING RELATIVE TO SAID STAFFORDSHIRE ESTATES, SECTION TWO SUBDIVISION. E:\UM 3D\ENG PROJ\M70784\survey\legals \Crescent Oaks, Section One - Tax Abatementdoc ^,Qa -7 2008 L- ^;i1J VOOR"uE ,I: i f CL IN.--� Picture I - Looking Northeasterly mto �iecnon une iruin iiuuwwu ,.VCL%A and the Southwest Comer of the property. into Section One from Ironwood Road. Pictures were taken on April 3, 2008. (See Exhibit `B "for locations of pictures) Picture 3 - Looking Southeasterly into Nection une irom iru11wvUu 1-,uau and the Northwest comer of the property. Pictures were taken on April 3, 2008. (See Exhibit "B "for locations of pictures.) DOS _0 9 -29E STONEHED9E • [3TATC] !E4 FIV[ eTONEXEDOE °ESTATES SEO.TXREE PT. ONE EEC. ON! •o HARWOOD 9T. n STONENEDSE ' TATES 9EC.TNR PART TWO JK °0659.06 r? o o a o STAF(O 5T H R ESTATE. 1U9 szc. �n r 50 DS1111 STAFPOR ESTATE! 'U5 SECT 2ND REPEAT ETA PTM0.9NIRE ESTATE. 1ECI I 0359.0E .,045'5 REPEAT - ao Pt. 0589.02 Pt. 88.6 i a DR,r¢ e 3TA- oseszD P Ro 50 D° �� He a 8 0 S oee9.le '° 26 -1035 1 "cwb , CRANSTON D ST. +D h Iy 40 s 1 6-103 I 0589.01 14.01 Z I d Oars t S6 GT(on1 ONF Pi.o6e9.o2 Li CFa.pos& Pt.eSe M Z H N M Lj a soa.o A :use .D vo w w o Dz.xe � �C, 0590.32 4- " n ^ 10- !1 26. \Q0' a 41� »Dn 0590.33 >! 0 90.51 X90.63 $059x58 _ °m03903T a�y0.58 w 0390.69 H X\ZQ 039x31 ' i _ ....�R1�� \\ w A BROMLEY CHASE n ¢ w 11- 05901 0590.60 Z I 14- 05IB- 0 6 -A- 059017 -05950 90.67 IS- Z N 39068 o m03 e0 ^- 039x62 0 W _ - 2 OOTLOT A- q o +9x2 19- ° 14 -1 5 ' 0390.61 059o.65 !+ •ue ro es.e es. .naen I a�•.,, Tnz •A •� .. ®� oq. 8_ $ of • ... N ! ) Kf0 10- 11- r. t2- 4 13- wen E s n DT 0390.11 B• 9 f e n Q 0e .059012 0590.13 0' 090w 0590.15 0390.16 REVLSED 2002 Izzss !r. e'+ 41035 !SF(,^• 0! .03 O!0l.OS' I V G !t JuSE(N CWwT e.� Scole, 1' 100' j offico N TON 16 �A� IDD..I r .... __....— 9 -32E 9 -32 A ?00 i "JE CRESCENT OAKS ' �(2oPO56p svBDt ✓t5ton./ SECTION ONE PENN TOWNSHIP, CITY OF SOUTH BEND, INDIANA O40 114 114 60 60 60 60 60 60 60 I N I I 3 . 4 N 5 N 6 N 7 N B N 9 N 10 N 11 N I 7 I l� C.IiOt 2W& ® ABONMARCHE CONSULTANTS, L.L.C. South &mA Wl— 46601 a 49 2 S'%GiiRa -1-ES At(f�IJF 122, 84' 62 60' 62' 60' 62' 60' 0 1 m 18 17 <`+ 16 N 15 N 14 N 13 N 12 a 108' Ix N 94' 62' 60' 62' 60' 62' 60' C, Bl+sl. 1 I o STREET 3 z 108 7. 1O 19 N 20 N 21 N 22 N 23 N 24 N 25 N € I SCALE: 1" =100' OZ 84' 6 60' 62' 60' 62' 60' 2�3, GRnIiFL. 6ouL�JA2D N I 68' 65 65 62 62 65 RETENTION AREA 01 `I 31 °n 30 Rn 29 on 28 2 27 °• 26 O40' I 265' I I 68' 65' 65' 62' 62' 65' THIS DRAWING DEPICTS LAYOUT OF LOTS. FORIACTUAL THE SCHEMATIC DIMENSIONS QI tO2 O3 �jGTJ2� �o[iq- 'rt��S F-&-m a ey -413tr SEE LEGAL SURVEYS AND FINAL PLAT l� C.IiOt 2W& ® ABONMARCHE CONSULTANTS, L.L.C. South &mA Wl— 46601 R SOLUTION --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 701 SOUTH GRANT STREET AND 601 COTTAGE GROVE AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY WHEREAS, a Statement of Benefits and a petition for residential real property 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 areas commonly known as 701 South Grant Street and 601 Cottage Grove Avenue, South Bend, Indiana, and which are more particularly described as follows: Lot 62 & N '/z Lot 61 Gorsuchs 4t' Add. and Lot 28 & No. %z Vac Alley South & Adj. Cushing & Lindsey and these properties have Tax Key Numbers 18- 4007 -0236, and 18 -1068 -2914, be designated as Residentially Distressed Areas under the provisions of Indiana Code 6 -1.1 -12.1 et se q., and South Bend Municipal Code Sections 2 -76 et se q., 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 seq., and South Bend Municipal Code Sections 2 -76, et se q., 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. OWT- FIEFBFQFE-,-BE =I-T= PESOBVED= by=tlr�Conunon= Council =o th- -C- it�of-South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii, evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. A) E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code stand—ard o`r ha i a ili F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds 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 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 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. pp ,ESENi D iypT. APPROVED. '�DOPTEC4 '� Member of the Common Council Hod In Clark's Off €Ce APR 1 J ' r ''f ciao JOHN VOORDE CITY CLERK, SO. BEND, IN. 00s 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 April 8, 2008 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 Council Member Derek D. 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: HABITAT FOR HUMANITY (701 S. Grant St. /601 Cottage Grove Ave.) 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 Habitat for Humanity to build two (2), new, single - family homes at 701 South Grant Street and 601 Cottage Grove Avenue. 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 (2), new, single - family homes at a cost of $73,000 each. The project meets the qualifications for a (5) five -year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, April 28, 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, 71 * ,,y AlU Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INKS 574/235- 9660 574/235 -9371 FAx: 574/235 -9697 FINANCIAL & PROGRAM MANAGEMENT ELIZABETH LEONARD 574/235 -9371 1200 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND,INDL4NA 46601 -1830 PHONE 574/235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUFC.KE, MAYOR COMMUNITY & 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: HABITAT FOR HUMANITY (701 S. Grant St. /601 Cottage Grove Ave.) DATE: April 8, 2008 On April 8, 2008, a petition for residential tax abatement consideration for real property located at 701 South Grant Street and 601 Cottage Grove Avenue was filed with the City Clerk by Habitat for Humanity. The property located at 601 Cottage Grove is currently owned by the Near Northwest Neighborhood Association and Habitat submitted the abatement request on behalf of that owner. 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 -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 DESCRIPTION Habitat for Humanity plans to build two, new, single - family residences. The new houses will have 1120 to 1360 square feet, 3 bedrooms and one bathroom. The house on Grant Street will have a four foot crawl space and the one on Cottage Grove will have a full basement and a second story. The price of each of the homes will be $73,000. These homes will be offered to qualified, low- income families using a no- interest loan and mortgage. Taxes to be abated during the (5) five -year abatement period are estimated at $672.22 per year for each home for a total of $3,361.09. Taxes to be maid during the (5) five -year abatement period are estimated at $274.10 per year for each home for a total of $1,370.51. COMMUNITY DEVELOPMEN "F ECONOMIC DEVELOPMENT FINANC14L & PROGRAM PAMELA C. NIEYLR DONALD E. INKS MANAGEMENT 574/235 - 9660 574/235 -9371 ELIZABETH LEONARD FAx: 5741235 -9697 574/235 -9371 South Bend Common Council RE: Habitat for Humanity April 8, 2008 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has been associated with thirteen (13) previous tax abatements. Term/Type Resolution No. Date 5 -year real property 3799 -07 October 8, 2007 5 -year real property 3738 -07 April 23, 2007 5 =year real property 3737 -07 April 23, 2007 5 -year real property 3585 -06 May 8, 2006 5 -year real property 3448 -05 April 25, 2005 5 -year real property 3393 -04 October 11, 2004 5 -year real property 3389 -04 September 27, 2004 5 -year real property 3388 -04 September 27, 2004 5 -year real property 3387 -04 September 27, 2004 5 -year real property 3203 -03 June 23, 2003 5 -year real property 2894 -00 June 26, 2000 5 -year real property 2862 -00 April 24, 2000 5 -year real property 2610 -98 April 27, 1998 2. The Building Commissioner has reviewed this petition and finds the properties to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the properties are not located in any of the development areas; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is not required. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year residential tax abatement under Section 2 -77.1, Single Family Residential Construction. 5 YEAR 8- Apr -08 Habitat for Humanity South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: $73,000.00 Total Taxes Tax Abated ** Tax Paid * ** Assessed Value: Net Assessed Value Total Taxes Due Tax Abated STRUCTURE (assume 85% of project cost) 62,050.00 62,050.00 62,050.00 LAND (assume $10,000) 10,000.00 N/A N/A Gross Assessed Value 72,050.00 62,050.00 62,050.00 Less Mortgage Exemption (3,000.00) (3,000.00) (3,000.00) Less Standard Homeowners Deduction (34 525.00) (34,525.00) (34,525.00) _ Base Assessed Value 34,525.00 24,525.00 24,525.00 Less Maximum Abatement Deduction N/A N/A (24,525.00) Less Non - Abated Amount NIA 0.00 NIA Plus Land Assessed Value N/A N/A 10,000.00 Net Assessed Value 34,525.00 24,525.00 10,000.00 Property Taxes: Assume constant tax rate of 5.1524% 5.1524% 5.1524% Gross Tax (tax rate x net assessed value) 1,778.87 1,263.63 515.24 Less SRTC: 21.6906% (385.85) (274.09) (111.76) Less Homestead Credit: 32.0670% (446.70) (317.32) (129.38) Net Tax 946.32 672.22 274.10 Year Net Assessed Value Total Taxes Due Tax Abated Tax Paid 1 34,525.00 946.32 672.22 274.10 2 34,525.00 946.32 672.22 274.10 3 34,525.00 946.32 672.22 274.10 4 34,525.00 946.32 672.22 274.10 5 34,525.00 946.32 672.22 274.10 5 year totals: 4,731.60 3,361.09 1,370.51 *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 *Current tax levy for the two properties. * *Includes both houses. Habitat for Humanity 701 Grant St. /601 Cottage Grove LAND* BUILDINGS " TOTAL Year1 $293 $548 $841 Year2 293 548 841 Year3 293 548 841 Year4 293 548 841 Year5 293 548 841 Total $1,465 $2,740 $4,205 *Current tax levy for the two properties. * *Includes both houses. Habitat for Humanity St.loseph County Mr. Robert Mathia Economic Development 1200 County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Dear Mr. Mathia: Enclosed are the documents and application fee required for Residential Tax Abatement. As stated in the application, we are applying for abatement on two properties that we plan to build on this year. Please let us know if any further information is required before the series of meetings. We appreciate your assistance in this process. Sincerely, David atch Executive Director �R - 8 2008 JGHN C Y50 V G�ERK, 402 E. South St. • South Bend, IN 46601 • Ph: (574)288 -6967 • Fx: (574) 289 -1954 • www.habitat- for- humanity.org STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS t�t State Form 51767 (R2 / 1 -07) ` Prescribed by the Department of Local Govemment Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): 0 Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.1 -4) ❑ Eligible vacant building (IC 6-1.1- 12.14.8) 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 may be approved. 3. To obtain a deduction, application Form 322 ERAIRE or Form 322 ERA/VBD, Whichever is applicable, must be tiled 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 - 5.30)] 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. SECTION •- • Name of taxpayer Habitat for Humanity of St. Joseph County Address of taxpayer (number and street, city, state, and ZIP code) 402 E. South Street, South Bend, IN 46601 Name of contact person Telephone number E -mail address David Hatch (574) 288 -6967 SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number City of South Bend Common Council Location of property nty DLGF taxing district number 701 S. Grant Street & 601 Cottage Grove Avenue 711t. Joseph 18/Portage Description of real property improvements, redevelopment or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) New single family residences, 1120 -1360 square feet, 3 bedrooms, 1 bath, 4 foot crawl 06 /01/2008 Estimated completion date (month, day, year) space or basement 12/01/2008 SECTION OF •••. PROJECT Current number Salaries Number retained Salaries Number additional Salaries SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT I 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 7.400.00 Plus estimated values of proposed project 146.000.00 170.000.00 Less values of any property being replaced 0.00 0.00 Net estimated values upon completion of project 146.000.00 177.400.00 SECTION • . AND OTHER BENEFITS PROMISED Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds)__ Other benefits F } r' _ • =j'° Aff, CERTIFICATION TAXPAYER SECTION 6 1 her ce Vhat the rep sentations in this statement are true. Sig lure of authoriAh r sen i Title Dater. ne (month ay, year Executive Director Z 0 Page 1 of 2 jFOA0SEOI#1rkDEMI314A71NG :.. 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, 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 City of South Bend for Residential 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: Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to he 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): Habitat for Humanity will construct one affordable single family home on each lot. Habitat will use volunteer labor and donated materials to build the home Habitat will then sell the house to a qualified low- income family at appraised value using a no- interest loan and mortgage Both houses will have 3 bedrooms and 1 bathroom The house on Grant Street will have a four foot crawl space The house on Cottage Grove will have a full basement and a second story. 2. Estimate the dollar value of the construction project (do not include land cost):. 73,000 per house. 3. The real property for which tax abatement consideration is petitioned 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 Habitat for Humanity of St Joseph Count 402E South St South Bend IN 46601• Owner -Grant Street Near Northwest Nei2hborhood• 1007 Portage Ave South Bend IN 46616• Owner - Cottage Grove 4. The commonly known address of the Property is: see attached and having tax key no.: see attached (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. The current assessed valuation of the property before construction: see attached (use additional sheet for multiple addresses). (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): At 701 S Grant Street the taxes paid for 05/06 were $80.70 and the taxes paid for 06/07 were $126.75. At 601 N Cottage Grove the taxes paid for 05/06 were $879.78 and the taxes paid for 06/07 were $166.35. The reason the taxes dropped so dramatically for the Cottage Grove property is that a house that was previously on the property was demolished. (This information may he obtained from the St. Joseph County Treasurers office, 235 -9531) 10. What is your best estimate of the after completion market value of the property: $85,000 per house. 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 funds 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: Both of these homes will be partially underwritten by a SHOP grant written through Habitat for Humanity International and funded by HUD. Construction will be subsidized by Development Grants provided by St Joseph County Housing Consortium. 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: A substantial number of the houses in this area are in need of minor or major rtpairs to make them at least "standard" housing The property on Cottage Grove is located within a Low - Income Housing Tax Credit Qualified Census Tracts These are federally designated regions which have been identified as financially depressed with a significant percentage of residents who live below the poverty line. 14. The current use of the property is Vacant and the current zoning is SF2 Single Family. (This information may be 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): Neither property is located in an Allocation Area. 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name: David Hatch Address: Habitat for Humanity 402-E. South Street City, State, Zip: South Bend IN 46601 Telephone: 574- 288 -6967 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): Habitat r H_ aannii of St. losejph Coun David Hatch, Executive Director (Typed or printed name and capacity) Near Northwest Neighborhood By: Karen Ainsle MCITYCLIERIK, JOHN WORDF (Typed or pr1. Limited Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that I, A( n5t, , representing Near Northwest Neighborhood, do hereby constitute and appoint Dave H tch of Habitat for Humanity of St. Joseph County to be our true and lawful attorneys -in -fact with full power in our name and stead for and on our behalf to represent Near Northwest Neighborhood before any commission meeting that the City of South Bend, Indiana may have, including its Common Council for the sole purpose of obtaining tax abatement for any development with regard to the following lots: 18- 1068 -2914 I hereby ratify all that said attorneys -in -fact shall lawfully due or cause to be done by virtue of these presents. 'I AFQ11. IN WITNESS WHEREOF, I have hereto set my hand this T day of 12008. Before me, the undersigned, a Notary Public in and for said County and State, came k. and acknowledged the execution of the above Limited Power of Attorney. Witnes my hand and official seal this q f�— day of lam, 2008. Apr.'/ My commission expires: n� KAREMPEDRZAK NOTAmrUBUC ME OF DOLANA ST. JOSEPH COUNTY MYCOMI POY W- SUMSBER4, 2005 4.) The commonly known addresses and key numbers of the properties. Street Address Key Number 701 S. Grant Street 18- 4007 -0236 601 Cottage Grove Avenue 18- 1068 -2914 Exhibit A Street Address Key Number Legal Description 701 S. Grant Street 18 -4007 -0236 Lot 62 & N 1/2 Lot 61 Gorsuchs 4th Add 601 Cottage Grove 18- 1068 -2914 Lot 28 & No. 1/2 Vac Alley South & Avenue Adj. Cushing & Lindsey C 4� r47, IN. 15401 1 Cr, 2c. 1.'•.4x21 P Z. 1GAOitn� � 1£4021-07-0 1:3 4 1 12 1 1073: 154CV 1 -0733 15402 1 Cd35 184021 C!: 96 1c - -00 1273,i 13a021g755 �I I1£402110744 I €4021 07.41- 54021Lr,47 1,40210745 Exhibit B.1 IL- 1- .21071 S iS4017,01,A 1/40210731 1840 t:.fi355 15 -10:1 iT 31 1£- 1017 {.;cti 1d4Cd 1073: 15- 1017CEC0 1d40210:40 15x017 Lit4 I'54021Cg43 t£401Z CS:4 1S4C2I -0746 iS40171 -{.; 15-1021 ,07 49 154! X17 ,0r.3 1'4v IZ1555 Y£40160532 IS 401C•n >= 184Cire.C:fl_ ,- 1.r.- icrs: -02F_ - 15.1016 0.553 12.a0..5n2W I is4 {161x2£4 "-aCO; 0:3- - IaAcisr, I 12.40x' -CVr.. 1SACCAID2% ISAC!iSlaN2 - -_ 1d4017Cf J3 15401F.04+-1 ... 13AC07023601 164[4ACc'1S 154CiG02F5 1e�1Cir -0267,. 12.4017 Ci4'7 18ac44n3{d 1.+- ICirn2c_£ 15acCr_.n2G? � 1SACmt2.12 '. 154001-0301. IS4CC6CQ70 1S4Cfan271 1&4Ci -7t244 1 &1065.s^£u7 .fr r i?• 161067 -2656 18ACC513W Id40C602Z2 164x.:61022 -3 ISJC07n246 15aC« 0306 1 £ 4 Ci6t274 1 s- 1CC64C-75 1540Cr,.0213 1£40474241 18ACC5,7:16 IF a0ri.0V7 1$400903N'- 1540061276 184x!:64,277 1£- 1006 -02 1 iSACO90310 1S4Me D!76 1S4rf!6,02:4 I64tYj:-0252 1'4v IZ1555 Y£40160532 IS 401C•n >= 1£4i!17t�557 15401610"a 15.1016 0.553 1:--101; 0z -S-- 154016053E 1840 1FCr357 1£40174601 1S- 101'.0.; ;� Iean 16Ll5'x= 1d4017Cf J3 15401F.04+-1 C 1S C, 16{"61 1£A0il'rS` - I540164iE.2 `. 154016C"'3 12.4017 Ci4'7 154016.03E-1 1E- 1oF:.,:Ef: 154017CeC5 1540160365 1s.1C5T -757c. - 1 °oxl 1 &1065.s^£u7 - 1540:60207 i?• 161067 -2656 1'S40J7 -0237. 154CO. -51N0d 104CC-SIDNe ,IE•4C070Z39 • iS4Ci6n21s 1540Cr,.0213 1£40474241 18ACC5,7:16 IF a0ri.0V7 154007,0243 I£4C {i.Cv0 1£- 1006 -02 1 isaCOZ7245 164Ci60224 154CG30 "5 1$4cO7t247C'11L4C.f 122d 12Ad:6Cv25 184W:C24Z. IF 4CC6A231 1£4Ci60232 1s4COZ1251 �1640J6,0213 1840:60214 154COZ-0:S3 YdaCi6C235 15. 10743133 1 sACO7 -0255 1:- 1[67 -2eE0 18 -4007 -0236 (701 S. Grant Street) Exhibit B.2 .. 18-10743121 -._ 16.10T02959 I I&1069.--.12 Lindsn•• - "'. 1S.1C6£o-2E5: 1&107-0 -3124 18.101 2_:`Z?3 13 -10F2 -JAS- iS1r,66 cv!6 151057.7206 16f05T- a'�'ii IS- 1067 -'.ihT � •1s- itbb2_v3Z 181067.':'3J 18- 1C6Z.�E5 ' 1b1068- s.±5.1 &10743127. 1S10E8.1a'94 G _ . -.. .. 1 _ t8. 10743125 IStrA -- SS 18- lCEbw.£% Is lc65 sS.:6 15.10632SY+ c 1s- 1067 =x554 _ is 1067.2°..64 _- r- ;; 161074 -31- 12- 1Cf.F- <5'-f 1E- 1oF:.,:Ef: .7:-106s.�10 i &1067 -1i5s 1s.1C5T -757c. - . . ,. ..1 &iCKh -26:.7 1 &1065.s^£u7 1° tO6:,:ti11 i?• 161067 -2656 1S1Cy7 -a 71 19 . 1074.3130 • - 151061•,2858 16-ic6s,2s% 151068-2412 1 &106;.iP56' is- 106T3d72 1.6. - 1.5 ""zz''se 18- t06Eti^�..13 15 1067 - -M 1£ iw -2573 131074 -3132 16 iCK57d91 15. 10743133 1:- 1[67 -2eE0 181057 iK74 IF 106£ -28f0 1510652W 81068.1414 _. -. 12- 106s -2S` 15- 106E -.- I3.106T�61 15.1CGT -2115 -d 1 €1066.4"" -01 taloFa�u Is IC631.903 1SiCE3 4916 1?- 1067'202 16 -1067 -2876 15 IF -1034 -1471 - 1s 10EZ-29:12 t6.IC65� 16 1C6T -2177 151014 -1470 id.1G:LC .2514 4 1 &1031 -1472 1 X181[67 -2E63 151{.1413x_6 I rr 1r� 151067,7.64 151036.J:0 .103E•.23a`. t 16- 1056 -:371 15.1v�6 -ur 1d1Cf_6 -ZZ4 15.1C36JZ5 . .1 5 1 03 6 -21:6 12_1C'_8237Z 15- 10.230?, is tc�t -231 t 181084.2312 1510s4 -2315 ' 1LtOSt.23i7 Ir-- .1014 -1473 IS.1030.13C6 811,1. r - - is UJD:•1yR -11`x; to iC67?231 _ I8105523'_0 1s. 10167 -z �i 1E -1034 -1477 1x1015 -'�L:1 f 18103013 -6 1510553333 18- 1068 -2914 (601 Cottage Grove Avenue) cD Z vr� C70 G A G� N 117`u� Q C1. 7.+ 00 � pf�a9 C Q r U 1.6. Exhibit B.3 f,7 it A 71� u-1 1 PIC. c.% ins. . ins. i IT 177 n 110. 11C Tt'ia I 1SAIIC s. 7 S. Lillo-1 01 V.. .... ..... ... ... . • WAV. SOUTH SEND CO ....... ... ..... ... ..... . .... worl lx- . . ......... Y, ... .. ......... ... ... ..... Y1.11 1-Y, I.' .. . . .... .. ... Dun"615 P . The location of both properties is marked with an "X". 7.) The current assessed valuation of the properties. Street Address Assessed Value 701 S. Grant Street $3200 RIC.. O 601 Cottage Grove $4200 os my CLERK, So, �yi %��`' s Air'~ • ' . aw r WNW ��7F� r Fl I �yi %��`' s Air'~ • ' . r WNW ��7F� r Fl I � i' h i ?�)� � �"\. 0�) - __� 9�1 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 1433 Northside Boulevard AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR River Rock, Incorporated 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 1433 Northside Boulevard, South Bend, Indiana, and which is more particularly described as follows: Parcel I: LOT 113 & S 1/2 VAC ALLEY N & ADJ EUCLID PARK ADDN; Parcel II: 18T 114 & S '/2 VAC ALLEY N & ADJ EUCLID PARK ADDN; Parcel III: LOT 112 & N % ALLEY S & ADJ EUCLID PARK ADDN; Parcel IV: LOT 110 EUCLID PARK ADD LOT 111; and Parcel V: LOT 109 &'/z VAC ALLEY N & ADJ EUCLID PARK and which has Key Numbers 18- 6026 -0707; 18- 6026 -0708; 18- 6026 -0706; 18 -6026- 0704; and 18- 6026 -0703, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and, WHEREAS, the Department of Community 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 qM., 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 l FIEF�AS� the ommum "ty and Economic eve ommi ee ofd 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 SeMc ., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed occupation of the eligible vacant. building; B. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed occupation of the eligible vacant building; C. That the proposed occupation of the eligible vacant building will increase the tax base and assist in the rehabilitation of the Economic Revitalization Area; D. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed occupation of the eligible vacant building; and E. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed occupation of the eligible vacant building can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1 -12.1- 3. Council hereby accepts the report and recommendation of the Community and Economic L)eVelopMent l.0n1II11ucG Luau uiv aica =l%1l�ul �+����•�"" "" designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of two (2) years. SECTION VII. The Common Council hereby determines that the annual amount for which similar buildings in the county were leased or rented or offered for lease or rent during the period the eligible vacant building was unoccupied is approximately in the amount of $70,616. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED Y APPROVED. ADOPTED Member of the Common Council Filed n elk's OttiCe APO 2 3 zoos JQfiN VODORSOEU�J, IN 'IT`l 1200 COUNTY -CrrY 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. L.UECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR April 15, 2008 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: RIVER ROCK, INCOPORATED 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 occupying an existing building that has been vacant at least one year. The building is located at 1433 Northside Boulevard. 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 occupy the building formally occupied by the Boy Scouts. That building has been vacant one year. The petitioner is asking for a special exception because the project does not meet the general standards for real property tax abatement as set forth in the city's code. The State of Indiana has a provision in its tax abatement legislation that permits the granting of up to a two year tax abatement on a building that has been vacant for at least one year when it is occupied [See IC 6 -1.1- 12.1 -1(17) & IC 6 -1.1- 12.1 -4.8]. The city's municipal code does not contain this provision and the petitioner is requesting a two -year tax abatement under that provision: A representative of River Rock will be available to meet with the Committee on Monday, April 28, 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, Bob Mathia Assistant Director, Economic Development COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEVER DONALD E. INK, MANAGEMENT ,. 574/235 -9660 574/235 -9371 ELIZABETH LEONARD FAx: 574/235 -9697 574/235 -9371 Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks 1200 COUNTY -CITY BUILDING 227W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 TO: FROM: PHONE 5741235 -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 SOUTH BEND COMMON COUNCIL BOB MATHIA SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: RIVER ROCK, INCORPORATED DATE: APRIL 15, 2008 On April 14, 2008, a petition for real property tax abatement consideration for property located at 1433 Northside Boulevard was filed with the City Clerk by Mr. David Morgan of Force 5 Media on behalf of River Rock, Incorporated. 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 River Rock, Incorporated recently acquired the building located at 1433 Northside Boulevard that was formally owned and occupied by the LaSalle Council of the Boy Scouts of America. Force 5 Media is proposing to occupy it. River Rock is the real estate holding company for Force 5. Force 5 is an advertising and marketing company currently located in leased space in South Bend. Its operations "include: the design and creation of web sites; video and audio production for broadcast; design and production for magazine ads, billboards, brochures, etc.; and strategic marketing planning. Proposed renovations, as part of the move -in, include replacement of the roof, electrical enhancements, improved computer line infrastructure, new ceilings and flooring and exterior repair and painting. The building is one story and contains 5,432 square feet of space. COMMUNITY DEVELOPMENT ECONOMUC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. I`fMEP DONALD E. INKS MANAGEMENT 574/235- 9660 574/235 -9371 ELIZABETH LEONARD Fns: 574/235 -9697 574/235 -9371 South Bend Common Council RE: Tax Abatement for River Rock, Incorporated April 15, 2008 Page 2 PLEASE NOTE: The applicant, River Rock, is respectfully requesting a special exception because the project does not meet the general standards for real property tax abatement as set forth in Chapter 2, Article 6, Sections 2 -77 through 2 -83.3 of the Municipal Code of the City of South Bend. Indiana State's legislation on tax abatement has a provision for the granting of tax abatements on properties that have been vacant for at least one year (IC 6 -1.1- 12.1 -4.8). However, because this is a relatively new provision the City's code does not provide for it. The state legislation provides up to two years of tax abatement on the property subject to certain limitations on the amount of the property's assessed valuation that can be considered in calculating the abatement. The petitioner is respectfully requesting a two year abatement. In this particular case the property was first listed for sale in March 2006, for $340,000. Despite two price reductions bringing the cost down to $225,000 the property still did not sell. The Boy Scouts vacated the building on March 31, 2007, and River Rock finally purchased it on April 14, 2008. As noted this abatement only applies to a limited portion of the property's total assessed valuation. This portion is equivalent to the estimate annual rent that the property could generate. The Building Owners and Managers (BOMA) Report prepared by the Department of Community and Economic Development was consulted to estimate the property's potential annual rent at $70,616 (equivalent to $13 /sq.ft.). Total taxes to be abated during the two -year (2) abatement period on the affected assessed valuation are estimated at $4,274. Total taxes to be paid during the two -year (2) abatement period on the affected assessed valuation are estimated at $1,425. During the abatement period River Rock will pay property taxes on the remainder of the assessed valuation at normal rates. The taxes on the remainder are estimated at $5,724 per year. All of the above are new taxes to the City because the Boy Scouts as a non - profit organization, paid no property taxes. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create two (2) new, permanent, full -time jobs representing a new annual payroll of $80,000. The project will also retain eight (8) existing, permanent, full -time jobs representing an annual payroll of $400,000. 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. South Bend Common Council RE: Tax Abatement for River Rock, Incorporated April 15, 2008 Page 3 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 fora real property tax abatement. A two -year (2) real property tax abatement is being sought as a special exception. ESTIMATED TOTAL TAX REVENUE RIVER ROCK, INCORPORATED. REAL PROPERTY - TWO YEARS CURRENT* RIVER ROCK RIVER ROCK TOTAL RENTAL PORTION NON - RENTAL OF TAX ABATE. REMAINDER Year 1 $0 $0 $5,724 $5,724 Year 2 $0 1,425 5,724 7,149 Total $0 $1,425 $11,448 $12,873 * Current tax levy. NOTE: Boy Scouts are a non - profit and paid no property taxes. Tax Abatement Schedule prepared for: 16- Apr -08 Force 5 Media RENTAL PORTION South Bend Portage Township 2 Year Real Property Abatement Schedule* Total estimated Project Cost: $250,000 Base Assessed Value: $70,616 (base assessed value is estimated at 85% of project cost) Assume constant tax rate of. 5.1524% Assume constant SRTC of: 21.6906% Total Taxes Due During Abatement: $5,698 Total Taxes Abated During Abatement: 4,274 Total Taxes Paid During Abatement: 1,425 - 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. Assessed Gross Less Net Percent Tax Tax Year Value Tax SRTC Tax Abated Abated Paid 1 $70,616 $3,638 $789 $2,849 100% $2,849 $0 2 70,616 3,638 789 2,849 50% 1,425 1,425 3 0 0 0 0 0% 0 0 $5,698 $4,274 $1,425 Total Taxes Due During Abatement: $5,698 Total Taxes Abated During Abatement: 4,274 Total Taxes Paid During Abatement: 1,425 - 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 Abatement Schedule prepared for: 16- Apr -08 Force 5 Media NON- RENTAL PORTION South Bend Portage Township 2 Year Real Property Abatement Schedule* Total estimated Project Cost: $250,000 Base Assessed Value: $141,884 (base assessed value is estimated at 85% of project cost) Assume constant tax rate of: 5.1524% Assume constant SRTC of: 21.6906% Assessed Gross Less Net Year Value Tax SRTC Tax 1 $141,884 $7,310 $1,586 $5,724 2 141,884 7,310 1,586 5,724 3 0 0 0 0 Total Taxes Due $11,448 • - 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. force 5 media.51 marketing communication solutions Robert Mathia Assistant Director Economic Development City of South Bend April 15, 2008 Dear Robert: Per our discussions, attached is our petition for Real Property Tax Abatement for our proposed office building at 1433 Northside Blvd. This is a 46 year old building currently not on the tax roles, having been owned by the Boy Scouts of America. We have purchased this property, and a° r 9 Y w have taken possession on April 14, 2008. Our plan, upon your acceptance of our petition is to remodel the building and for our advertising and marketing company to occupy it later this summer.. I have attached all the requested information for your review, including exhibit D, which aub additional questions you posed for this particular type of tax abatement. If you need any additional information, please don't hesitate to contact me.: We look forward to your review of this petition and respectfully request approval from the Council. We have established a separate corporation for the management of the building -River Rock rs Incorporated. Please let me know if any additional information is needed for this corporation. Thank you again for your assistance in helping us research the possibility of this tax abatement. We are eager to start repairs and re- modeling the building, and more importantly, continuing to build our company in the City of South Bend. Regards, David Morgan Deb DeFreeuw Force 5 Media, Inc. dba River Rock, Inc. (Real Estate Holding Company) Filed In Clerk's Office r5N William APR 1 4 2008 quite 300 South Bent, IN �n 46601 JOHN VOORDE t: 574.234.2060 CITY CLERK, S0. BEND, IN. 0 f 574.234.2335 1 www.force5media.com 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 se . and South Bend Municipal Code Sec. 2 -76 et seg., 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: This office building is located at 1433 Northside Blvd. in South Bend, and was purchased by River Rock, Inc., a real estate holding company for Force 5 Media, Inc. on April 14, 2008. The building was previously owned by the LaSalle Council, Boy Scouts of America. Force 5 Media is a 5 year old company in South Bend, and. specializes in marketing and advertising. Force 5 Media is in the process (State of Indiana) of being a certified Women Business Enterprise (WBE). The office building is approx. 46 years old. The purchase of the building includes 5 parcels of land. Proposed renovations will include the replacement of the roof, electrical enhancements, computer line infrastructure, new ceilings and flooring, kitchen /break room plumbing improvements, and exterior repair and painting. These repairs and renovations are necessary to the success of the new business in this location. The expansion of the current business from a leased space to the new fully owned space will also allow for additional employees to be hired as new projects demand. Land Size .8176 acres; Building Size 5.432 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): Force 5 Media, Inc. is an advertising and marketing company currently located in leased space in downtown South Bend. The company currently has 8 employees assigned to a variety of tasks relative to advertising and marketing for a number of clients. The operations include the design and creation of web sites, video and audio production for broadcast, design and production for magazine ads`, billboards, brochures, etc., and strategic marketing planning. Force 5 Media's clients include a number of local companies, as well as companies with a national scope. Current clients include: Notre Dame Pre - College, Saint (Rev 10/23/06) Joseph Regional Medical Center, Kuert concrete, Center for Hospice and Palliative care, Southwestern Michigan College. All operations would be considered appropriate for professional office space - meetings, conferences, computer design and programming. 3. Estimate the dollar value of the project (excluding land): $ 78,000 - $85,000 over a two year period. 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $ 165,000 -per assessors office- Please see attachments. 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): NAME ADDRESS INTEREST ( %) River Rock, Inc. 1433 Northside Blvd., So. Bend 100 (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 (%) River Rock, Inc. 1433 Northside Blvd, So. Bend 1% Force 5 Media, Inc. 115 N. William, So. Bend 99% 6. The commonly known address of the Property is: 1433 Northside Blvd. South Bend 46615 7. The Key Number(s) of said property is: 18-6026-0707118-6026-0708/ 18-6026-01706/ 18-6026-07041 18- 6026 -0703 8. A legal description of the above address is attached hereto, marked Exhibit A, and incorporated herein. (Rev 10/23/06) 2 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. 11. The redevelopment or rehabilitation project itself will create a rp ox. 2 full -time and 0 part-time permanent jobs within the second and third year, representing a new annual payroll of $ 80,000 and will maintain 8 existing permanent full -time and 0 existing permanent part-time jobs including existing permanent full -time minority employment of 0 and existing permanent part-time minority employment of 0 with an annual payroll of $400,000, 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): Senior Web Programmer $ 40,000 - $50,000 Account Executive $40,000450,000 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* $ $ Managerial* $ $ Administrative* $ $ *AII employees are salaried professionals Annual salaries start at aoprox. $40,000 14. Indicate whether your company provides the following benefits (use Y /N): y_ Health Care Benefits y_ Pension Plan (in progress) _n_ 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 (Rev 12%29/06) employees) n_ 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) _n_ 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 *: Year Real Property Taxes Personal Property Taxes 2006 0 2005 0 2004 0 2003 0 2002 0 (this information may be obtained from the St. Joseph County Treasurers office 235 -9531) *Note: The LaSalle Council of the Boy Scouts of America are a non - profit entity and as such have not paid real property taxes. 16. Please list the number of full -time and part-time minority employees for each of the last three years: Year 2008 2007 2006 Full Part Full Part Full Part Black Hispanic Asian Indian Other $ 4 (Rev 12/29/06) E:M 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: yes Force 5 Media states in their policy manual: "it is Force 5 Media's policy to provide equal employment opportunity for all applicants and employees. Force 5 Media does not unlawfully discriminate on the basis of race, color, religion, sex (including pregnancy, childbirth or related medical conditions), national origin, ancestry, age, physical disability, mental disability, medical condition, family -care status, veteran status, marital status or sexual orientation. Force 5 Media also makes reasonable accommodations for disabled employees." 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): n Conversion to residential use of a commercial AEligible Building@ as designated by the Community & Economic Development Dept. n 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. n Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department n 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. n 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): No 20. Does your business financially support a Municipal Facility (i.e. municipally owned park, recreation center, cultural, arts, or entertainment facility)? NO 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 fac.ilitlas, wastewater treatment facilities, road and street improvements, street lighting; tre sic control and related public improvements (attach additional sheet if more space is needed): NO 5 (Rev 12/29/06) 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). 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 application). 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 (NAICS) major group within which the proposed project would be classified, by number and description: SIC - 73110000 NAICS- 541810 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 27. The current use of the Property is vacant and the current zoning is office (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, Inuiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. None r (Rev 12/29/06) 30. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: David Morgan Vice President Force 5 Media, Inc. 115 N. William, Suite 300 South Bend, IN 46601 574 - 234 -2060 voice 574 - 234 -2335 fax david@force5media.com www.force5media.com 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. DNA 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 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. Name of Property Owner(s): David Morgan Deb DeFreeuw y (Signed Name) Filed In Clerk's Office APO 1 4 2008 JOHN YOOADE CITY CLERK, SO. BEND, IN. (Typed or printed name and capacity of signor if signed by an. agent or representative of the owner.) 7 (Rev 12/29/06) 22. In th. '-)Ilowing chart please indicate companies that were us for purchasing materials used in the construction or re' )ilitation assouated 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 Local Companies (see above): 1. Unknown at this time 2. 3. 4. 5. 6. 7. 8. 9. 10. Total Local Non -Local Companies: 1. 2. 3. 4. 5. Total Non -Local GRAND TOTAL (Rev 12/29/06) of Materials Filed In Clerk's office EAPR 22008 JOHN VOORDE CITY CLE "U , s4. SFAID, W. u nd T 1/° 23. In th ilowing chart please list the companies that will be used the construction associated with the project. Indicate th( ime and addre.s of each company; list the dollar amount of the work to ue provided by each company; indicate whether or not 1uo% 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). 100% Workers Pay Maintain are Employees U.S. Dept. Contribute Contribute Affirmative Name and Address of Contract (Not Independent Labor Wage to a Health to a Pension Action Construction Company Amount Contractors ) Rate (Y/N1 Plan (Y/N) Plan /N Plan Y/N Local Companies (see above): 1. Unknown at this time 2. 3. 4. 5. 6. 7. 8. 9. 10. Total Local Non -Local Companies: 1. 2. 3. 4. a. Total Non -Local GRAND TOTAL Total Project Cost from Petition Difference (Please explain) 9 (Rev 12/29/06) FflPd in C1e; to f'ne", APR 1 4 2008 Jcr; <` f" STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (R2 / 1 -07) Prescribed by the Department of Local Government Finance this statement is being completed for real property that qualifies under the following Indiana Code (check one box): ❑ Redevelopment or rehabilitation of real estate improvements (IC 6-1.1- 12.1 -4) 21 Eligible vacant building (IC 6- 1.1- 12.1 -4.8) 20_ PAY 20_ FORM SS -1 1 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. (!C 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 may be approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERANBD, 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 -I/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 - 5.36)) 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. INFORMATION Name of taxpayer River Rock Incorporated Address of taxpayer (number and street, city. state, and ZIP code) 1433 Northside Blvd Name of contact person Telephone number Email address David Morgan (574) 234 -2060 david(a�force5media.com Name of designating body Resolution number Location of property County DLGF taxing district number 1433 Northside Blvd Saint Joseph' Kwe Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) 05/01/2008 Estimated completion data (month, day, year) 1/2010 Current number Salaries Number retained Salaries Number additional Salaries 8.00 $400,000.00 8.00 $400,000.00 2.00 $80,000.00 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 156.000.00 165.000.00 Plus estimated values of proposed project 78.000.00 78.000.00 Less values of any property being replaced Net estimated values upon completion of project 250.000.00 Estimated solid waste converted (pounds) 0.00 Estimated hazardous waste r Other benefits �i n !>�; , E2 008 CITY CLc"K, SO, E N7, )N. TAXPAYER CERTIFICATION SECTION 6 h reby certify that the representations in this statement are true. Sign thorized•rgixe a five l Ttlet lt�(. Date signerdd month jyear) 7 +' Qi rage I or z 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 Cl Yes ❑ No 3. Occupancy of a vacant building ❑ Yes ❑ No C. The amount of the deduction applicable is limited to 5 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 410ND MNAUY corns d< 1 -6 f E z-c-Uth Ilyf Branson Zt S a m 0 k, S It C93 Ivy Tech State College sioadway St.. Send II Hanevjkv . .......... 1_ '.' l.dIzn&A--' .. .. . ..... . Studebaker: � 0.5 km 1500 f-, DETAIL PROPERTY INFORMATION - PAGE 5 ... ........ .. .. !r (A fq Mishivi#ks Av. ci .4.: -7, P. U4.in It ss," = - . lie > > >:a Indiana I Hom+ Ct o 2 UJ Universky f' h (Pleasant t V- - South Rend:_ _ I k1423 Northside Blvd 3 p - a yk C, I --y *man . . .. .. ..... .. netery 2, I. Erring V ix 05 NAIVTE-2 Altgeld St LOCATION DESCRIPTION w Just minutes from downtown South Bend and Mishawaka. 10 minutes from US 31 and the US 31 By]2ass. 15 minutes from the 180/90 Toll Road. Picturesque spot on the banks of the St. Joseph river. 02007, CH Richard Ellis, Inc. We obtained C, mfon,notion oboe from —rce, — b.li-1. b—INA16. However, � h— not —dild it, accuracy and make mg,,mnj__smty mn,pns,,ntmion about A. If is 00 nor salts, lease a, financing, w athd—1 without notice. W, include projections. opinions, assumption, o' submitted subi,cl to the pomibifily of —13, arniss—s. change of prize, rental , other wnditions, p clion. stj."'I to 4o, e-ornpl. only, and they ..y of nspno.ni —nnnt or p,,(,,,a,ce of the pmp,ay. you and your to. and legal advisors should condvd your— i-esfigotill of the property and konso C1385kodlet, 1 - 1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD - -- ---- - -. -- -- SOUTH BEND PHONE 574/ 235 -9371 FAx 5741235 -9021 - -TDD 574/- 235 - 5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR April 21, 2008 South Bend Common Council 4th Floor, County City Building 227 West Jefferson Boulevard South Bend, IN 46601 Dear Council Members: 0o. 08 -3� Enclosed is a Resolution authorizing the submission of a Site Assessment Grant application to the Indiana Finance Authority in the amount of $27,319 on behalf of Orangensaft, LLC for a property at 2901 S. Main Street, previously known as the Centennial Steel property. Mr. Joseph Grabill is the principal of Orangensaft, LLC. The Resolution also authorizes the submission of a Site Remediation Grant application to the Indiana Finance Authority in an amount not to exceed $165,000 for environmental remediation at Green Tech Park, located at 2500 Green Tech Drive. Belinda and Mike Morris are the principals of Green Tech Park. Both the Site Assessment Grant and the Site Remediation Grant programs are administered by the Indiana Finance Authority as part of the Indiana Brownfields Program. The grants must be submitted by the political subdivision on behalf of a property located within its jurisdiction. Both of these sites have participated in the Citywide Assessment Program that we have been administering for the last few years. They are good projects and the grant funds will allow them to further develop these properties. I respectfully request your approval of this Resolution Sincerely, Ann E. Kolata Senior Redevelopment Specialist Filed In Clerk's Office APR 2 3.2008 JOHN VOORDE CITY CLERK. S01_ , 4% KK COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 1I 574/235 -9660 574/235 -9371 ELIZABETH LEoNARD Fax: 574/235 -9697 5741235 -9371 /� RESOLUTION NO. A RESOLUTION -OF THE-COMMON -COU TUO�T-RE= C- I- W—OF- SOU-T-H =BEND- INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA FINANCE AUTHORITY AN APPLICATION FOR A SITE ASSESSMENT GRANT IN THE AMOUNT OF $27,319 FOR PROPERTY LOCATED AT 2901 S. MAIN STREET, SOUTH BEND, INDIANA AND A SITE REMEDIATION GRANT IN AN AMOUNT NOT TO EXCEED $165,000 FOR A PROPERTY LOCATED AT 2500 GREEN TECH DRIVE, SOUTH BEND, INDIANA WHEREAS, Orangensaft, LLC is interested in submitting an application for a Site Assessment Grant from the Indiana Finance Authority for a Phase II Site Assessment at 2901 S. Main Street in South Bend, Indiana; and WHEREAS, the Site Assessment Grant Initiative Program (SAGI) requires that the grant application be submitted by the political subdivision on behalf of a property located within its jurisdiction; and WHEREAS, Mother Earth, LLC is interested in submitting an application for a Site Remediation Grant from the Indiana Finance Authority for environmental remediation at 2500 Green Tech Drive in South Bend, Indiana; and WHEREAS, the Site Remediation Grant Program (SRG) requires that the grant application be submitted by the political subdivision on behalf of a property located within its jurisdiction; and WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the appropriate applicant for a Site Assessment Grant and a Site Remediation Grant from the Indiana Finance Authority as part of the Indiana Brownfields Program. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a Site Assessment Grant application in the amount of $27,319.00 on behalf of the property owner, Orangensaft, LLC for a Phase II Site Assessment at 2901 S. Main Street, South Bend, Indiana, the former Centennial Steel property. SECTION II. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a Site Remediation Grant application in an amount not to exceed $165,000.00 on behalf of the property owner, Mother Earth, LLC for environmental remediation at 2500 Green Tech Drive in South Bend, Indiana. SECTION III. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Site Assessment Grant application and the Site Remediation Grant _application to be submitted by the Mayor to the Indiana Finance -Authority— SECTION IV. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the Indiana Finance Authority upon approval of the application(s). SECTION V. That the Mayor shall be authorized to accept and affirm the grant(s) should they be awarded. SECTION VI. That the City of South Bend, Department of Community and Economic Development be designated as the agency and office administering on behalf of the City of South Bend any grant awarded under this application. SECTION VII. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. RESENTED P". ROY APPROVED ADOPTED r Member of the Common Council Filed In Cierk's Office APR 2 3 2008 J011M WORDS CITY CLERK, $Q, SEND, IN. City of South Bend �% n �� d 1865 441 County -City Building .227 W. Jefferson Blvd (574) 235 -9321 South Bend, Indiana 46601 -1830 Fax (574) 235 -9173 TDD (574) 235 -5567 Timothy A. Rouse http: //v ww.southbendin.gov President April 23, 2008 Oliver J. Davis Vice - President Members of the South Bend Common Council Derek D. Dieter 4th Floor County -City Building Chairperson, Committee South Bend, IN 46601 of the Whole Re: Resolution to Appoint Council's Agent c& Chief Negotiator for the Derek D. Dieter 2008 Negotiations with the Fire and Police Departments First District Dear Council Members: Henry Davis, Jr. Second District As you are all aware, this is a negotiating year with the negotiating teams Thomas LaFountain representing the sworn members of the South Bend Fire Department' and the Third District South Bend Police Department. Ann Puzzello We are presenting a resolution to appoint the Council's Agent and Chief Fourth District Negotiator for these negotiations. We are also attaching a copy of the April 14, 2008 minutes from the Health and Public Safety Committee where this David Varner topic was discussed. Fifth District Oliver J. Davis We seek your unanimous support of this resolution. Thank you. Sixth District Most sincerely, Al "Buddy' Kirsits At Large Council Member Karen L. White, Chairperson H �h and P =-Chairperson Timothy A. Rouse At Large be Health and Pu Karen L. White lic Safety Committee _ At Large Timothy 64-40_x_-� Kathleen Cekanski - Farrand Council President Council Attorney Attachments cc: Mayor Stephen J. Luecke Fire Chief Howard Buchanon II Police Chief Darryl Boykins Board of Public Safety Filed In Clerlt'e Office APR 33 2008 JO4i1i VOOME CITY CLERK, w0. EE "in,14- HEALTH AND PUBLIC SAFETY The April 14, 2008 meeting of the Health and Public Safety Committee of the South Bend Common Council was called to order by its Chairperson, Councilmember Karen White at 4:40 p.m. in the Council's Informal Meeting Room. Persons in attendance included: Council Members Oliver Davis, David Varner, Donald Brubaker, Citizen Member, Kathleen Cekanski - Farrand, Council Attorney, Charles Leone, City Attorney, John Voorde, City Clerk. Committee Members present: Karen L. White, Chairperson, Ann Puzzello, Vice, Chairperson, Derek D. Dieter, Member UPDATE HOTEL MOTEL LICENSING BILL — CHARLES LEONE CITY ATTORNEY City Attorney Chuck Leone updated Council Members regarding the administrations efforts to revise the proposed hotel -motel licensing bill. He emphasized that throughout their approach that assurance of pubic safety was paramount. Current efforts have focused on what other cities are doing in this. regard, specifically Chula Vista, CA. These efforts are an acknowledgement that the originally proposed tier method of ranking was unworkable. For that matter, an unintended consequence of the tier ranking was the creation of a disincentive for Hotel -Motel operators to cooperate with the public safety sector for fear of downgrading their rating. What was seen as necessary was providing 1't responders (police, fire, ambo) as much information as possible to help. them protect the safety of others and themselves. This info might include: floor plans, possible hazardous materials, response history and the like. This info would not subsequently be used for a ranking scheme. The ability of the city to require provision of this data would stem from state law which allows this for risk planning purposes. Oliver Davis stressed the importance of hotel - motels being held accountable for persistent problem properties. Leone alluded to but did not identify other tools the city has in its arsenal to address problem businesses. Oliver Davis and Karen White questioned whether these tools were being used. What remediation efforts are used? Does the city follow -up? Council Member Derek Dieter maintained that tools were there; but an overall strategy was absent. Council Member David Varner suggested owners of trouble properties should be identified, pursued and prosecuted. Council Member Tim Rouse called for an assessment of the city's efforts to date, allowing there was no reason to pass a "feel good" bill and leave it at that. Council Member Tim Rouse also noted the receipt of a letter from the firefighters union asking to open the contract negotiation process. He recommended Kathleen Cekanski - Farrand be the lead person to workwith both the city and the union. Council Member Rouse made the motion, seconded by Council Member Derek Dieter followed by unanimous assent. There being no further business to come before the Committee, Council Member White adjourned the meeting at 5:00 p.m. Respectfully Submitted, Karen L. White, Chairperson Health and Public Safety Committee Filled In Glee's OVIce [APR 2 3 2Cij�3 ,;i?HN RESOLUTION NO. - -- --- - - - -A- RESOLUTION-OF -THE- COMMON- COUNCIL_OF THE_CITY-OF_SOUTH_BEND,_______ INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE ADVISORY CITY NEGOTIATING TEAM FOR THE 2008 FIRE DEPARTMENT AND POLICE DEPARTMENT NEGOTIATIONS WX&maa, pursuant to Indiana Code § 36- 8- 3 -3(d), the Common Council has the mandatory duty and exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Fire Department and the South Bend Police Department; with the Indiana judiciary ruling that the "Common Council of the city has the sole authority to set the salaries of the police and fire departments... "; and c�l�aa, pursuant to Indiana Code § 36- 8 -4 -4, the Common Council has authority addressing additional compensation matters with the Indiana Court of Appeals ruling that the Common Council was vested with the sole authority to fix the amount of clothing allowance and that annual cash allowance for clothing is considered compensation; and WW*m, the Common Council acknowledges that the Board of Public Safety has certain responsibilities over the Police and Fire Departments under Indiana Code § 36- 8 -3 -2; and Wlw"ma, the Common Council received written communication from a representative of the South Bend Firefighter's Association Local 362 requesting that negotiations begin no later than May 1St; and similar communication from a representative of the Fraternal Order of Police, South Bend Lodge No. 36 is expected to be received shortly; and Wei4eaa., this Resolution will formally appoint the South Bend Common Council's Agent and Chief Negotiator on all matters of compensation and financial matters subject to the upcoming negotiations with the Negotiating Teams representing the sworn members of the South Bend Fire Department and the South Bend Police Department; and W1w9v, a, the Common Council is mindful of past successes where a Chief Negotiator acts as the Council's Agent in representing theirs interests, who would in turn appoint an advisory City Negotiating Team and provide updates to the Common Council during executive sessions called for the exclusive purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5- 14- 1.5- 6.1(b)(2)(A); and Wlz mmt, the Advisory City Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code § 5- 14- 1.5 -2; and WX*xeaa, the South Bend Common Council believes that this Resolution and process will promote positive and harmonious labor negotiations. 2008 Fire and Police Negotiations Resolution Page 2 & rd` mo.4wd , by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, hereby appoints Kathleen Cekanski - Farrand, a local attorney, as its Agent and Chief Negotiator for the upcoming labor negotiations with Fire Negotiating Team, representing the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL -CIO and the Police Negotiating Team,. representing the Fraternal Order of Police, Lodge No. 36. Mrs. Cekanski Farrand shall be the City's Chief Spokesperson and negotiator concerning all matters related to annual compensation, specialty pays, monetary fringe benefits, working conditions and related items which would have a fiscal and/or budgetary impact. Section II. The Council's Agent shall coordinate matters of strategies, research and background preparation, negotiation times, scheduling of executive sessions, resource persons and other matters in consultation with the South Bend Common Council and City Administration so that she and the Advisory City Negotiating Team may have positive, harmonious and successful labor negotiations which are reasonable, fair and fiscally sound. Section III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Derek D. Dieter, 1" District Henry Davis, Jr., 2 "" District T as LaF ain, 3r Di zzello, 4 Dtkact Dr. David Varner, 5' District John Voorde, City Clerk NKESENTED NOT APMOVED ADOPTED Oliver J. Davis, 6th District LAI"Buddy" 'rsits, t Large Timothy ouse, At Large Karen L. White, At Large , 2008. Stephen J. Luecke, Mayor City of South Bend, Indiana Filed In ClerWs Office APR 2 3 2003 rjc ;td Sri CADE CITY C: u, CC?. El;MD, Iii• Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235 -9571 www. stiosephcountyindiana .com /areaplan Fax 574 235 -9813 April 16, 2008 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of Barakeh Land Co., Inc, et al to zone from MR Urban Corridor Multifamily District, LB Local Business District, and CB Community Business District to CB Community Business District, property located at the southeast corner of Western Avenue and Lombardy Drive lying immediately south of the intersection and immediately north of 450 Lombardy Drive, City of South Bend - APC# 2471 -08 Dear Council Members: I hereby Certify that the above referenced ordinance of Barakeh Land Co., Inc, et al was legally advertised on Thursday, April 3, 2008 and that the Area Plan Commission at its public hearing on Tuesday, April 15, 2008 took the following action: Upon a motion by John DeLee, being seconded by Karl King and unanimously carried, the proposed ordinance and site development plan of Barakeh Land Co., Inc, et al to zone from M171 Urban Corridor Multifamily District, LB Local Business District, and CB Community Business District to CB Community Business District, property located at the southeast corner of Western Avenue and Lombardy Drive lying immediately south of the intersection and immediately north of 450 Lombardy Drive, City of South Bend is sent to the Common Council with a favorable recommendation. The site was previously occupied by several business and is located within a commercial area. The rezoning will redevelop what has become a series of underutilized commercial parcels. The rezoning fits well with the existing commercial uses to the north and west of the site. The rezoning will require several variances to meet the City of South Bend Zoning Ordinance. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, w U(J- �vczti W. Byorn yy Attachment CC: Barakeh Land Co., Inc, et al Preferred South Bend, LLC University of Notre Dame Du Lac, Aixsa Perez, M.D., Apex Properties, Inc. Perry & Beverly Donaldson Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2471 -08 Owner: Barakeh Land Co., Inc, et al == =The southeast corner of Western Avenue and- Lombardy - Drive lying =immediate y - = -_ - south of the intersection and immediately north of 450 Lombardy Drive Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MF1 Urban Corridor Multifamily District, LB Local Business District, and CB Community Business District to CB Community Business District to allow the construction of a Drug Store. Land Uses and Zoning: On site: The site is currently comprised of five parcels: one zoned CB Community Business District, one zoned MF1 Urban Corridor Multifamily District, and 3 zoned LB Local Business District. North: To the north across Western Avenue are businesses zoned CB Community Business District. East: To the east are apartments zoned MF1 Urban Corridor Multifamily District. South: To the south is a vacant lot with an access easement zoned MF1 Urban Corridor Multifamily District. South of that are homes zoned SF1 Single Family and Two Family District. West: To the west are businesses zoned CB Community Business District. District uses and development standards: The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is approximately 1 acre. The site plan indicates a proposed 13,600 square foot building. The building will cover approximately 29% of the site. 45 parking spaces are provided for the development. Parking and drives will consist of approximately 60% of the site. The remaining 11% of the site will be open space. There are three proposed access points to the development; two off of Lombardy Drive and one off of Western Avenue. The site will require 11 variances to comply with the City of South Bend Zoning Ordinance. Traffic and transportation considerations: Western Avenue has five lanes at the Lombardy Drive intersection and narrows to four lanes east and west of the intersection. Lombardy drive has three lanes at the intersection and narrows to two lanes south of the intersection. Utilities: The site will be serviced by municipal utilities. Barakeh Land Co., Inc, et al #2471 -08 Pagel of 3 5 Criteria (per IC 36 -7 -4 -603): 1. Comprehensive Plan: Policy Plan: Pin ovembe 2006 — - Economic Development Policy ED 1.2 Encourage reuse of abandoned and underutilized land and structures. The rezoning is consistent with the Comprehensive Plan's Economic Policy. Land Use Plan: City of South Bend - City Plan November 2006 The Future Land Use Map identifies this area as Commercial. The rezoning is consistent with the Comprehensive Plan's Future Land Use Map. 2. Current conditions and character: The site currently has four commercial and office -type buildings located across the five parcels. The area is commercial and high density residential in character. 3. Most desirable use: The most desirable use for the site is commercial. 4. Conservation of property values: The surrounding property values should not be affected by the rezoning. 5. Responsible development and growth: It is responsible development and growth to allow the reuse of underutilized commercial property for new commercial development. Recommendation: Based on information available prior to the public hearing, the staff recommends this petition be sent to the Common Council with a favorable recommendation. Analysis: The site was previously occupied by several business and is located within a commercial area. The rezoning will redevelop what has become a series of underutilized commercial parcels. The rezoning fits well with the existing commercial uses to the north and west of the site. The rezoning will require several variances to meet the City of South Bend Zoning Ordinance. Barakeh Land Co., Inc, et al #2471 -08 Page 2 of 3 Rezoning from: "CB" COMMUNITY BUSINESS, "LB" LOCAL BUSINESS & "MF1." MULTIFAMILY URBAN CORRIDOR to "CB" COMMUNITY BUSINESS ning Key SOUTH BEND 'SF1" SINGLE FAMILY &TWO FAMILY SOUTH BEND 'LB" LOCAL BUSINESS ® SOUTH BEND 'CB" COMMUNITY BUSINESS 1 inch equals 100 feet APC # 2471 -08 Barakeh Land Co., Inc, et al #2471 -08 Page 3 of 3 ORDINANCE NO. -- - -_ - -_ - C- ---- AN=ORDINA E=AMENDlt4G -TT REZONING =- ORDINANCE= FOR = FIVE =(5)= PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF WESTERN AVENUE AND LOMBARDY DRIVE LYING IMMEDIATELY SOUTH OF THE INTERSECTION AND IMMEDIATELY NORTH OF 450 LOMBARDY DRIVE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner, Preferred -South Bend LLC is seeking to rezone all of the properties listed below to Community Business District (CB) for the purpose of constructing a Walgreens Drug Store at the proposed location. A drug store is a permitted use in a Community Business District, and rezoning of the property necessary to support the store would not be inconsistent with the City of South Bend's City Plan and would be consistent with the current and future use and development of the surrounding area. The current zoning is as follows: PARCEL I: 4444 West Western Ave. South Bend, Indiana 46619 Zoning: Community Business District (CB) PARCEL IA: 18 Foot wide strip PIN: 18- 4112 - 414812 ( Newly assigned) Zoning: Multifamily Urban Corridor District (MF1) PARCEL II: 418 South Lombardy Drive South Bend, Indiana 46619 Zoning: Multifamily Urban Corridor District (MF1) PARCEL III: 426 South Lombardy Drive South Bend, Indiana 46619 Zoning: Local Business District (LB) PARCEL IV: 436 South Lombardy Drive South Bend, Indiana 46619 Zoning: Local Business District (LB) 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 parcel of-land located -iri the Northwest - Quarter of the-Southwest Quarter of - - - - - - Section 9, Township 37 North, Range 2 East, South Bend, Indiana, described as follows: commencing at the intersection of the East line of Lombardy Drive and the North line of Part 2 of Section 7, Belleville Unit "B ", an addition recorded in Plat book 19, page "B" in the Office of the St. Joseph County Recorder; thence North 00 degrees 00 minutes 30 seconds East (assumed bearing), 24 feet along said East line of Lombardy Drive to the point of beginning; thence continuing North 00 degrees 00 minutes 30 seconds East, 373.99 feet along said East line to the South line of Western Avenue; thence South 89 degrees 42 minutes 25 seconds East, 125 feet more or less along said South line to the West line of a parcel of land described to Western Manor Apartments in Instrument Number 9711319, recorded April 1, 1997, in said Recorder's Office, said West line being 125 feet East (as measured along said North line of said addition) of and parallel with said East line of Lombardy Drive; thence South 00 degrees 00 minutes 30 seconds West, 373.39 feet along said West line to a line 24 feet North of and parallel with said North line of said addition; thence North 89 degrees 58 minutes 58 seconds West, 125.00 feet along said 24 foot parallel line to the point of beginning, containing 1.07 acres more or less. be and the same is hereby established as Community Business District (CB). 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 me to the Mal of the City of South Bend, Indiana on the City Clerk Approved and signed by me on the day of 2 , at o'clock . M. 1 o RSADING� PUBLIC NEARING 3 rd READING NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana Filed In Clerk's Office MAR - 5 2008 JOHN VOCRDE CITY CLERK, S0.9END, IN. Date Filed Application No. — - -- Date received - by_ the-Area - Plan- Commission_ -_ _— -— 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 five (5) properties located at the southeast corner of Western Avenue and Lombardy Drive lying immediately south of the intersection and immediately north of 450 Lombardy Drive. 2) Name and address of property owner(s) of the petition site: PARCEL I: 4444 West Western Ave. South Bend, Indiana 46619 OWNER: Barakeh Land Co., Inc. (Contract Purchaser) 4444 West Western Avenue South Bend, IN 46619 PARCEL IA: 18 Foot wide strip PIN: 18- 4112- 414812 (Newly assigned) OWNER: University of Notre Dame Du Lac 910 Flanner Hall Notre Dame, Indiana 46556 -5611 Attn: Gregory P. Hakanen - Director of Asset Management and Real Estate Development PARCEL II: 418 South Lombardy Drive South Bend, Indiana 46619 OWNER: Aixsa Perez, M.D. 1712 Lincolnway West Suite A Osceola, IN 46561 PARCEL III: 426 South Lombardy Drive South Bend, Indiana 46619 OWNER: Apex Properties, Inc. 2400 Miracle Lane Mishawaka, IN 46545 PARCEL IV: 436 South Lombardy.Drive South Bend, Indiana 46619 OWNER: Perry Donaldson and Beverly Donaldson, Husband and Wife 57275 White Pine Trail South Bend, IN 46619 0 3) Name and address of contingent purchaser(s), if applicable: Preferred -South Bend LLC - - -- _. - - -- — 141=W= Jackson- Blvd----Suite--3540 — _ —: - - -- -- ._... - -- - -- - Chicago, IL 60604 (312) 327 -2700 x 237 4) It is desired and requested that these properties be rezoned From: CB Community Business District, MF 1 Multifamily Urban Corridor and LB Local Business District To: CB Community Business District 5) This rezoning is requested to allow the following use(s): The development, construction and maintenance of a Walgreens Drug Store at the proposed location. 6) Attached is a copy of (a) legal description of the properties; (b) eight (8) 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; (e) letter to Area Plan Commission; (f) addressed, stamped envelopes for all property owners within 300 feet of the petition property (g). a location map, if available, drawn to scale, which includes street names, printed in 8' /z" x 11" format. Signature(s) of All Property owner(s) or Attorney for all properly Owner(s) [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]