Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
03-24-14 Council Agenda & Packet
AMENDED a(I7mnn SOUTH BEND COMMON COUNCIL MEETING MONDAY, MARCH 24, 2014 1. INVOCATION - RABBI SHOSHANA FEFERMAN 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS raarfilml-Do ME A. A PRESENTATION FROM MS. REUT OZ FROM THE JEWISH FEDERATION OF ST. JOSEPH VALLEY B. ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF KATHRYN ROOS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 22 -14 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF VINE STREET, FROM THE EAST RIGHT OF WAY OF 20TH STREET, EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET 18 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 38 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OPEN AIR BUSINESSES AND TO INCLUDE DONATION BOXES AND OTHER CONTAINERS DESIGNED TO ACCEPT OR TO DISTRIBUTE USED ITEMS 19 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2014 OF $106,684 FROM CENTURY CENTER CAPITAL FUND ( #671) 20 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2014 21 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2014 OF $41,919 FROM GENERAL FUND ( #101), $17,100 FROM GIFT, DONATION, BEQUEST FUND ( #217), $240,500 FROM CENTRAL SERVICES FUND ( #222), $830,000 FROM EMS CAPITAL FUND ( #288), $138,060 FROM POLICE GRANTS FUND ( #292), AND $217,083 FROM COUNTY OPTION INCOME TAX FUND ( #404) 8. BILLS, THIRD READING TIME: BILL NO. 22 -14 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF VINE STREET, FROM THE EAST RIGHT OF WAY OF 20T" STREET, EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET 18 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 38 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OPEN AIR BUSINESSES AND TO INCLUDE DONATION BOXES AND OTHER CONTAINERS DESIGNED TO ACCEPT OR TO DISTRIBUTE USED ITEMS 19 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2014 OF $106,684 FROM CENTURY CENTER CAPITAL FUND ( #671) 20 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2014 21 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2014 OF $41,919 FROM GENERAL FUND ( #101), $17,100 FROM GIFT, DONATION, BEQUEST FUND ( #217), $240,500 FROM CENTRAL SERVICES FUND ( #222) , $830,000 FROM EMS CAPITAL FUND ( #288), $138,060 FROM POLICE GRANTS FUND ( #292) , AND $217,083 FROM COUNTY OPTION INCOME TAX FUND ( #404) 9. RESOLUTIONS BILL NO. 14 -24 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 237 NORTH MICHIGAN STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GREAT LAKES CAPITAL DEVELOPMENT 14 -17 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 3201 WEST CALVERT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR NOBLE AMERICAS SOUTH BEND ETHANOL LLC 14 -25 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 3201 WEST CALVERT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE - YEAR PERSONAL PROPERTY TAX ABATEMENT FOR NOBEL AMERICAS SOUTH BEND ETHANOL LLC 14 -26 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 1902 WEST SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO (2) YEAR REAL PROPERTY TAX ABATEMENT FOR LIPPERT COMPONENTS MANUFACTURING INC 14 -27 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 515 WEST IRELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC 14 -28 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 515 WEST IRELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A (7) SEVEN -YEAR REAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC 10. BILLS, FIRST READING BILL NO. 23 -14 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY SOUTH OF FAIRVIEW STREET FROM THE EAST RIGHT OF WAY LINE OF KALEY STREET TO THE FIRST NORTHEASTERLY/ SOUTHWESTERLY ALLEY FOR A DISTANCE OF 360 FEET MORE OR LESS 24 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 4, INDUSTRIAL DISTRICTS TO EXCLUDE USES ALREADY PERMITTED AS A PRIMARY USE FROM THE SPECIAL EXCEPTION USE SUBSECTION; AND MODIFYING ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS, TO ADD A NEW SUBSECTION RELATIVE TO THE APPLICABILITY OF THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT TO PLANNED UNIT DEVELOPMENTS 25 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4525 SOUTH BURNETT DRIVE, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS A. REPORTS FROM THE AREA PLAN COMMISSION 1. BILL NO. - 08 -14 - REZONING - 837 MINER ST. 2. BILL NO. - 09 -14 - REZONING - 1021 & 1023 TALBOT ST. 3. BILL NO. - 10 -14 - REZONING - 1104 BISSELL ST. 4. BILL NO. - 11 -14 - REZONING - 1042 MINER ST. S. BILL NO. - 12 -14 - REZONING - 1012 TALBOT ST. B. BILL NO. 14 -23 - BRIARCLIFF HEALTHCARE TAX ABATEMENT TO BE SET FOR PUBLIC HEARING ON 4 -14 -14 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF VINE STREET, FROM THE EAST RIGHT OF WAY OF 20TH STREET, EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 133.5 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 ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF VINE STREET, FROM THE EAST RIGHT OF WAY OF 20TH STREET, EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF HAMMOND AND WHITCOMB'S SECOND ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, 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: Lots 018 - 6135 -4692 AND 018 - 6022 -0599 SECTION IV. The purpose of the vacation of the real property is to incorporate the real property into the property of the "Annex of South Bend" Apartments, for the purpose of parking, landscaping, maintenance and operations. 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. Attest: City Clerk Member of the Common Coun it .T I Ourd acwn on this Inuo. Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . M. Approved and signed by me on the o'clock . m. 1st READING 3-0 -1 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of 2 , at Mayor, City of South Bend, Indiana ;�ited in dle"' Ws Office M X14 JftFt-< t?Gt.1t�Ct5 CITY CLEnK, SOUTH BEND, IN PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: March 4, 2014 I, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: THE ALLEY TO BE VACATED IS THE FIRST EASTANEST ALLEY SOUTH OF VINE STREET, FROM THE EAST RIGHT OF WAY OF 20'" STREET, EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF HAMMOND AND WHITCOMB'S SECOND ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. B. THE STREET DESCRIBED AS: N/A NAME (signed & printed) Annex of South Bend LLC By: Kyle Bach CEO ADDRESS Annex of South Bend, LLC 911 Main Street Fishers, Indiana 46038 LOT # Lot 1 -5 Riverview Sub'd Lot 24 Hammond & Whitcomb's RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574- 235 -9221 CONTACT PERSON NAME: Bryan Moll ADDRESS: American Structurepointe 7260 Shadeland Station Indianapolis, Indiana 46256 PHONE: 317 -547 -5580 cited in Clerk's CITY CLERK, SJU T H SEND, IN Lot 23 oMeS lot 32 0 4 PNp Oo 06 Y RST $pp\�\ON a NPM SFCR �o P a F pvNR' 9 ?Ul g p Lot 24 s s 0 p Lot 31 F= U j 133.5' P 133.5' P 9 133.5' P / 133.5 P o Lot 30 a Lot 1 (VACATED 1.4' ALLEY a W w 14' ALLEY " ' RESOLUTION #9777 -07 � g p� VACATION INST. # 0748913 F- c M xaa•/a —,ssa E> = a M M W o v a 5 Lot 29 �\0� a o F° Lot 2 Pp0 I i g Z 5 uj 3. 1335' P �S QG. Z Z F— . a a gLot 28 3 LLI o F— Lot 3 \50� v N Lot 27 s Lot 4 z o Lot 26 133.5' P Z W W m Lot 5 Lot 25 u p zL° = PLEASANT STREET 1 RTH SIDE BOULEVARD U o' so w T Z SCALE: 1"=50' ALLEY VACATION EXHIBIT V DATE: 3/4/2014 SHEET NO. y �� AMiA16AC3 7260 SHADELAND STATION , IN 46256-3957 STRUCTUREPOINT TEL 317.547.5580 INDIANAPOLIS FAX 317.543.0270 DRAWN BY: EE 1 of a INC. www.structurepoint.com 1 JOB NO. 2013.01043 DESC. FILE, ALLEY VACATION " °iied in ClerWo rim LON i CITY CLF.{ilC,.333C: �OmD _ti -1m OOm ti n<cz��mtDimA�c tnOZ�n Oy {D2m�m41 mD00{� Zy am A, >.M 4) C O .=T � OT rDyi = m Z 0 mzz m �n Z`D DD O D T o Z m 0 m K m _y m ti O O z A m'. N D y mi of mi .Tj . �0 SO T.I z 0 m 0 O m z0 z0 A AA AAA 0 00 000 A m lC A A A m m m m m m mm mmm z z Zzz ti x x M x x (mil 0w y41N O 00 000 m mm mmm z z z z z z T + + 0 + ------ O O a+ N O p0 j O O O 8 OfO > z IO >ma00 iiDNNNz x_41 _2 Zyb1412 -pl -p-ffymm p-yyi0 yyy 2titiy22ZD NmOAmN- yp44 y filZZ4) m� T m m m m m m m m T D O OOOpp00=OOOm CCC- OCC�CCCO - 1- ItiD_ TA O m m m T D m m T m m m= zzz�mzz,zzzy zzzz <y zzzzzzz m °N $i mm °wmrnm °mmmvai0 NNN amNNNNNaa$ O N N O a N N O N N N W Ol 1316 COUNTY -CITY BUILDINO 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CrrY DF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS February 25, 2014 Shaun Cofer American Structure Point 7260 Shadeland Indianapolis, Indiana 46256 PHONE 574/235 -9251 FAX 574/235 -9171 RE: Ailey Vacation — The First East/West Alley North of North Side Blvd from 20th Street East to the First North /South Alley (Preliminary Review) Dear Mr. Cofer: The Board of Public Works, at its February 25, 2014, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, and the Police Department. 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. 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. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. -� vYJ�JLJY rnur r ur radius map. d You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council, and a Cross Access Agreement with all affected property owners. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Lin a M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office GARY A. GILOT DAVID P. RELOs KATHRYN E. Roos PATRICK M. HENTHORN BRIAN J. PAWLowsKI &u 03, 1� -11 March 17, 2014 Mr. Oliver Davis, President South Bend Common Council 227 West Jefferson Boulevard, 4th Floor South Bend, IN 46601 Ms. Janice Talboom, Deputy City Clerk 227 West Jefferson Boulevard, 4th Floor South Bend, IN 46601 M RE: Bill 18 -14 to Amend Chapter 4 of the South Bend Municipal Code to provide for licensing of donation boxes Dear Mr. Davis and Ms. Talbooth: I am respectfully requesting that you continue the Committee meetings, public hearing and second and third reading of the above bill to April 14, 2014. The currently scheduled March 24 date is one in which some people who want to be present will be unavailable. I have a hearing that conflicts with that time, and one of our charity representatives will be out of town. Thank you for your consideration of this request and please let me know if you-have any questions or concerns. cc: K. Farrand, A. DeRose Sincerely, Ann Carol Nash Filed in �Clerk's a14 CITY CLrFIK, zi='!, ui'FND, 114 6-�'q 0; , l � -(y ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 38 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OPEN AIR BUSINESSES AND TO INCLUDE DONATION BOXES AND OTHER CONTAINERS DESIGNED TO ACCEPT OR TO DISTRIBUTE USED ITEMS STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 4 of the South Bend Municipal Code to revise provisions for the licensing of open air businesses and to provide for licensing of containers designed to collect donations of used items. The Common Council of the City of South Bend determines that from time to time donation boxes or other large containers are placed on public or private property for the purpose of accepting donations of used items. Historically such containers have been used by local charitable organizations. As a general rule, such containers have been monitored by the local organizations responsible for them, and items left outside such containers have been removed promptly by the local organizations. In addition, the information on such containers has clearly identified the organization responsible for the containers, and the general public was able to ascertain whether the items placed into the containers would be used for the benefit of a local charitable organization. Further, the local organizations responsible for the containers could easily be contacted in the event that items were left outside the containers or the containers needed to be emptied or maintained. Recently, however, numerous containers have been placed throughout the City by both for -profit and not- for -profit organizations, many of which do not have a local contact person to reach in the event that the box should be emptied or maintained or to remove items discarded outside the boxes. In addition, information on the boxes has not informed donors of the ultimate use of the donated items, nor whether the items would be used to serve a for -profit or not - for -profit goal. The Common Council of the City of South Bend finds that the general public should know if items placed in donation boxes will support local charities. The Common Council also finds that the City administration should be able to contact a local person or organization for prompt removal of items or maintenance of the containers if necessary. For these reasons, the Common Council believes that it is necessary to provide for licensing such containers. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. Chapter 4, Article 4, Section 38 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 4 -38. Open -air businesses. (a) Every person who erects, places or stands in the City an open -air booth, shed, tent, trailer or stand for the purpose of selling, bartering, receiving for future sale or use, distributing, or exchanging on or from such place any goods, wares or merchandise, which terms shall include also all fruits, vegetables, country produce, refreshments, beverages, baked goods, and confectionary, before engaging in such business shall obtain a license from the Controller. The license shall designate the place where such business is to be operated and the kind of booth, shed, tent, trailer, container, donation box or stand in and from which such articles are to be sold. (b) If the location for an open -air business is on private property, the applicant shall attach to his the application a signed statement from the owner or lessee of the real estate granting permission to the applicant for the use of the location for business purposes for the duration of the license. (c) Applicants desiring to sell goods, merchandise, fruits, vegetables or produce by weight or measure shall attach to the application a certificate signed by the sealer of Weights and Measures showing that all scales and measures to be used have been tested and approved. (d) The license fee for donation boxes as provided in subsection (i) of this section shall be twenty -five dollars ($25.00) per year. The license fee for an oy ther open -air business conducted on private property shall be forty -five dollars ($45.00) per location per year. The license fee for an open -air business other than donation boxes conducted upon public property shall be forty dollars ($40.00) per location per year. No license shall be issued by the Controller under this section until the zoning, ingress and egress of the location(s) have been approved by the appropriate City departments. (e) A license may be granted under this chapter for a transitory open -air business which shall be moved to various locations during the duration of the license term, provided that the applicant, in addition to meeting all other requirements of this section, attaches to the application a list of the locations and the dates on which the business will be operated at each location, along with the permission for use of each location as required by subsection (b). (f) No open -air business license may be issued by the Controller for a business to be located on public property until the location of same is approved in writing by the Board of Public Works. (g) Exclusion: The term "open -air business," as used in this section, does not include establishments which are defined as itinerant restaurants under section 4-45 of this chapter. (h) Exemptions: The provisions of this section shall not apply to vendors exhibiting upon the grounds of the St. Joseph County Fairgrounds, a not - for -profit agency. (i) Donation boxes: The provisions of this subsection shall apply to boxes or containers placed on public or private property for the purpose of receiving or distributing donations of goods for reuse, sale, or for any other purpose. In addition to the above requirements, any person seeking 2 to place or maintain a donation box or container must clearly post on the outside of the container individual and emptied at least once every seven (7) days. If items are overflowing from or placed outside the box or container, the individual must respond to calls to remove the items placed inside or within ten (10) feet of the box or container within twelve (12) hours of the call. The applicant must also clearly state on the application the name, address and telephone number of the individual who will be responsible for monitoring, emptying, and maintaining the box or container and responding to calls to clean the area around the box or container. The responsible individual must reside or conduct business within St. Joseph County, Indiana, or a county immediatel}_adiacent to St. Joseph County, Indiana. 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, and publication as required by law. Attest: City Clerk Member of the Common Council // slgnlrfgoftl,;s Ell iq of fo r v n tYa i _?'� E _: and COundl &GVcn on i 7ls issue, Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2014, at o'clock _.m. Deputy City Clerk Approved and signed by me on the day of 2014, at o'clock .m. Mayor, City of South Bend G:\acn \Goodwill \bill for donation boxes open air.wpd i?�ko:as 3" l ftfSLi;, }1. °.A ,NG 3rJ PEADING NOT APrROVED �0ERRED PASSED tied in Clark's c.,-;: LON 1400 S. COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.5912 FAX 574.235.9021 TDD 574.235:5567 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF COMMUNITY INVESTMENT MICHELLE ADAMS BUSINESS LICENSE ADMINISTRATOR MADAMS%a SOUTHBENDIN.GOV March 4, 2014 Mr. Oliver Davis President, South Bend Common Council 4`h Floor County City Building South Bend IN 46601 Re: Ordinance To Amend Chapter 4 of South Bend Municipal Code to Inc I ude Donation Boxes Dear President Davis: Attached for filing with the South Bend Common Council is an ordinance which amends Chapter 4 of the South Bend Municipal Code to include donation receptacles among the type of items requiring a business license within the City of South Bend. Drafting of this ordinance began while Ms. Ann Carol Nash was Assistant City Attorney in response to concerns raised by Goodwill of Northern Indiana. Goodwill, along with other local charitable organizations, have maintained donation boxes in the area for many years. The resulting donations to Goodwill provide many services to South Bend, including the creation of jobs and the sale of low cost household goods to local residents. Recently, some donation boxes have appeared which support businesses and organizations based outside the community. Some boxes may not be emptied or monitored regularly causing discarded items to litter the area. The community would be better served by full knowledge and information of the sponsoring entity, as well as by the identity of a responsible party to relieve taxpayers of the burden of removing any litter and discarded items. This ordinance provides a mechanism for registration of donation boxes with the City, and requires a local contact person responsible for monitoring and cleaning the area surrounding the registrant's donation box. Former Assistant City Attorney Ann Carol Nash will make the formal presentation of this ordinance to the Council at its Committee and regular meeting, and she will answer any questions or concerns you may have. Sincerely, I% Michelle Adams Licensing Director L ER ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2014 OF $106,684 FROM CENTURY CENTER CAPITAL FUND ( #671). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2014 operating and capital budgets in 2013 (Ordinance #10265 -13, passed October 30, 2013), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2014 and set apart within the following designated funds for operational expenses as follows: Fund Amount Century Center Capital Fund ( 4671) $106,684 TOTAL $106,684 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Deputy Mayor. Attest: City Clerk 0 (A. 11) antes ( " Member of the Common Council r am ai4:i➢E:iW 157acV) y11V:� Presented by me to the Deputy Mayor of the City of South Bend, Indiana, on the day of , 2014, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of 2014, at o'clock . m. 1st READING PUBLIC HEARING 3 rd READING NOT APPRO,YED REFERRED PASSED Deputy Mayor, City of South Bend, Indiana 'Filed in _..._ FF Yiiw Niii !Y'i ;f c O C n d 9 V m5 O N C L Q m m d �L d N N d U C m V LL Filed in Clsrk' !� t C g a m a L f N 1 N 6 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE. March 5, 2014 Mr. Oliver Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, '4 h Floor South Bend, Indiana 46661 RE: March 2014 Appropriation Ordinance – Enterprise Funds Dear President Davis, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. For 2014, we plan to propose adjustments during three time periods — March, July and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for I" reading on March 10, 2014 with 2nd reading, public hearing and 3rd reading scheduled for March 24, 2014. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards, p J 6 n H. M Murphhy y City Controller CC: Pete Buttigieg, Mayor Mark Neal, Deputy Mayor Kathryn Roos, Chief of Staff Filed in r ,.: , Office F" c�52014�� CI1Y Ct� 0140 Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2014 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #10264 -13 and #10265 -13 passed on October 30, 2013) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2014. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Deputy Mayor. Attest: City Clerk V) Member of the Common Council lMrs�q and Council rJo on Ut Lnu% Presented by me to the Deputy Mayor of the City of South Bend, Indiana, on the day of , 2014, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. 1-1 READING 3 —( 0 — I I PUBLIC HEARING 3 rd READING NOT APPROVED ',-FERRED PASSED , 2014, at Deputy Mayor, City of South Bend, Indiana Filed in d6r'k's oeuti'- >: JOHN VC';CADET- CITY CLERK, SOUTH BEND, IN EE N N v`m XWJ r`m O UC I - `v `m m Iam m m `m o$ ca a0 �c�N0 i d 0 0 aC FLLLtlY • �O $0 $C mFILFLLL �m $ $�I � �� a 2 as .� aC a s .� . O o 51 r O 0 rLLFc O _o 0a i % Iv S m LLILL m l Id LLd LLm LL LLL,ao LL m LL LL LLaC LL m m m LLm m LLg LLI LL � Oi� o L W "331303Nm W1 W W N N ° W NI I3 0cY Tc m Wm i mW W W N N 3o 3m 3m 3NW 3m 33 '0 0 1_ 0 R opaopaa a ap aa am a_ _ o N N N N N �rm dC om N N o N 0 0 N 0 0 0 N N N N N N N °a ! E C c� C C O I cI5 C m � S< S'� 3 Su°W tW 5 1�- � 514W 5$ 5E fi � � � � S'�W 6 � 5c � 5m S; 5W � ; �'W E Imo ' IcI3 .m � 5'wW ls E c ' 1�0� n $ 1 S m c m m m c c c cm L 6 O ° cW EE m ' cmN c2E z E E E F y L ° � n m n q gm_oN °m W° qE m q n °°Em'n b v u ai a°m s a?c ary v m ac am2 a2 m a# m v5c °m aC o� . aN m m m m a0c oq� a� v' m ac s � m m m m 0 m a@ m @ m m ¢Io V m!rO W Wnm P! Wn � m � y 1W $ m aW i «. N n m � $W m � U mLLdm mi3m mW W mm m°- W mm W m m w W W W o lommm W W W mm m$ W ac m L QQ C g#b C C C .ommmC C C C C m r V o q L 0 0 N 2 @ 2- P m 1^fp dc5. �m L mIm l�Sd0 N m ) N a :�Ao _)° 2o .c a 5 . .°1'5C 3b 21C ^m 2b y ° 2 2c DI3c 'a 2c ,9c 2 °oa o .a'IImC .� If^S6.m - Io m mm"'C c>1IC q g2 c mm @m mm° a' c W °#W a m m m m m '. � m � !m IO 2 2m& c E � N b m 6 m w m m d 1i 6 b b b b b b m Q ° o a c c c c c g c c .am c c c I - - - - ' - c E E g c iP h °rc s 5 C E E v E 'I)� 'vx E E E E P o E E E E E mE c W m a v q 000 a a am 'R m a v o ac lm1 0c .1818 ''c �lY "D o ✓ t .dqOdN m'II3o mo mpp mE m = m > �c= - mp I mIC m� m16C3c m0 m &o 1 msIfg%I°UL m v d E O o a 'o saW E ' j�Y -anO �G 'oc1lC ocG S SOol o ' o o' i �O iS6 'w IWdo4C °=�m'Ic f f ff- 'yp 0m � I_ 1 i �S i �IC iq 12 'o �7 A F^S EO0 n -O - I o $ F dm �q q C d q W 9 a N i O S Z5 iIm 251 SdmE Op d OS i 6 088p O I.—_ h m^^ O9V S^ O0O {1p 8 p( !'1oP I_ O1 S'o o c'< ppiq i J pg l N �Q N ` -I ' 'Ol2ERC 1^ So00y 0O J O o �N 0iz 1 80Q im 0 o O 1 m � ` O N e ^ Q 0 p O . j,I�mC m yS�d l P - � I m dJ ON 1m (Fo°II5" _ c @ = n L - m m d m o r m n S:0;0 d� �C rc = P O I� IC 1.�c 1m 1C 1 I I 1m 1NrZ 1 I 9 .dq . 2 �'m O oOO O G ' � `yN (��~ � 444 4m 41 r N '444m4. O 4 No NC m i ' 1Q 4C Rm O d RW NC2dE 0 N2d2 m0o _ �q 1 4 I o a (J d a m IT = O Q ' n 1 'm d dnwO lIm 4dn 1 im laN dnd On l 2dC Im 7 I� N4^ I? I? "I 4N i � n d o E I �L ln l Il nwq n^wN nP r d$d? I.m d o o I 4o 4 1 W i i d d m c 3.S 44m m, B NN 00 N N ^^ mC wo _ _Cnw _ I'aC w ^ 0 _ _ ^ ^PN 1 1 di mo 10 mm _I_ __ ia� ^ ___ .LLyE ; ^d l ;c _ _ 4006 _ 'SW ' 4444 o I �d¢yI1mo'�u n oo 1m La i w m cYoN'�Nnn C'O {.w_ l'LLO 'ac� G Co 'f Co Co C> CY0i C C CY0 •'LLc ' rY Lm j I'LL�C SOoN0GiO {Y i,LLm NcE C o CO i'LL ILLm CW C �0 gg �I's I i o d Yoi i�irc Y; Y Y0 Y Y Y Yo Ylc Y Y Y j b S 6 qaiLL°= c $ c UU U o i;'�YQ!_ o o m e 0 } ° T Iggb V U_ IFW U UUUU UU U '@ YII ' "jIa ° Y mm 2 'i OI O a m m e m IN a a ml caiE m 8 0 °. 8 2 Kn N .0.0. 'o Ex3film _v' c awl Im `o_mN fiI£m Hm - !y '' E '� $$$ in NCWII c °cm 2q rommm a'L mmEm 1x0 �$8mN w .w me ° vn u m a° ° @Lo°yi a IN �a o_d Q `S IE E. iHw E IC cW Wr mF 'w C m@M wwp . E m.a3 3 _ ::: mu:a,o U••V'u'o'jtip�E in'u Iw ajU(9'U 0 1- -Z UjllpW� .C. o cl c a° n� a¢ nIe NI5 _L° @ m�n �xao NIm N mIN NN N °.°1m mm �m m aN °nN NNOmI°n m°'Im m m W'm° 00 c° c2_c' o°oo Imm° 33313;33,33133:333 333333'3 3 3 3 3 3131 'olo•oo op �� EE I�f E;EEE Imam t5 -25 i� v_oa._._a�a as a,v v__ ____a -GGI o l o as o_vvva_o - p�aaaaao $�$$�$ - a IQQ 6!Q iaLL nnn!n 0 0 NNNN.NNNN'NNNNN o o o o 0 0 0 0 NINNNN1N 0 0 0 0 0- NNNNNNN_ 00000 oo0 nnnnnR 0 0 0 0 'v 5 NN �LL Eu1LL 'll IL�IL co IL LL O m`a >;'c ,co_lo_co IONWm :a <<c<< aaaaaooaaaoa cc<<<< aaav LL ILLLLILIII aaa mpg <<a E t f IUU c��� LLLLLL WmIA m00d gbbm ILL IL IL Ii Ii IiLLLLILLLIL mmy'�mmm m It IL IL m mmmmmlmmmymmmm Il li li ii li li 11 CC==Ca $ LL !a i I LLIdd d l I' ¢W K6'6'6' I N" x I N N N N Im _ W N m"n _ Nroin rri•Li w IL Ii Ii IL IL4 OO I 'm m iv , q m rolm 3 3i3�33 313'313 3 3i3 3I 33 3 3 3 313 3j3 3 313 3 1� m m P W g' E uw IB cI NNN v°'�v'0 a __ a�a.a!alaaaa.aaaa �._._._._._._ -' - -oo a'a _aa o_aaa_ ° a Im °D (9. U• O (:I Ei�� W:W WI WIWm n6 n2' N oio NNWNIN o,o NINN141 NN 0 N ININ NN 0oI`00 d N:NiNNINNN:N mmcalm U•U'IU•U•i U•IU'I !m m EE N N ) ! k �& & 0 \\ E# � a |§ : ! m_ ,� Z A� / , # ! \/ �f &( /{ . 0 §k | 2 / k )\ |]\ *� !| \ d � s 6� _ I I ƒ! |J �| ' °- | �| /§ A51 ) I ) ! k �& & 0 �22 : ! m_ ,� Z A� / , # ! \/ �f ) ! k 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE March 5, 2014 Mr. Oliver Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4 h Floor South Bend, Indiana 46601 RE: March 2014 Budget Transfer Ordinance Dear President Davis, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. For 2014, we plan to propose adjustments during three time periods — March, July and December. Based on our budget review, we are submitting the enclosed ordinance for transfers between various departments and cost categories within the same funds for your consideration. No additional appropriation is requested in this ordinance. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 15` reading on March 10, 2014 with 2nd reading, public hearing and 3`d reading scheduled for March 24, 2014. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards, \a Y�Jo H. Murphy City Controller Filed 1r; Office 2014 �R1F Ct , ? ELWD, IN CC: Pete Buttigieg, Mayor Mark Neal, Deputy Mayor Kathryn Roos, Chief of Staff Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Substitute Ordinance S s ..f�-k I� )0:3, -2.J -iy ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2014 OF $41,919 FROM GENERAL FUND ( #101), $49,700 FROM GIFT, DONATION, BEQUEST FUND (#217),$240,500 FROM CENTRAL SERVICES FUND (#222),$830,000 FROM EMS CAPITAL FUND (#288),$138,060 FROM POLICE GRANTS FUND ( #292), AND $217,083 FROM COUNTY OPTION INCOME TAX FUND ( #404). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2014 operating and capital budgets in 2013 (Ordinance 410264 -13, passed October 30, 2013) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2014 and set apart within the following designated funds for expenditures as follows: Fund Amount General Fund ( #101) $ 41,919 Gift, Donation, Bequest Fund ( #217) 49,700 Central Services Fund ( #222) 240,500 EMS Capital Fund ( 9288) 830,000 Police Grants Fund ( #292) 138,060 County Option Income Tax Fund (#404) 217,083 TOTAL 5 7 2 2 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Deputy Mayor. Member of the Common Council Attest: City Clerk Substitute Ordinance Presented by me to the Deputy Mayor of the City of South Bend, Indiana, on the day of , 2014 at o'clock _ . m. Deputy City Clerk Approved and signed by me on the day of o'clock . m. 10 READING 3-{O -LIf qs PUBLIC HEARING 3 rd READING NOT APPRO.VW REFERREQ PA55W. , 2014 at Deputy Mayor, City of South Bend, Indiana Filed Eri cp,erh"a �� , �87a�n� IY CITY CLR RKI SEND, IN E m' n LN `m a of Edz U ° 2.o E n �I ry N'0N myE N Im NN `m C mm Y qp o$ dmLl E W o o "� EE �n O.LL 0 j'vS d9E LN UFO d d m ♦. C ql° ��\ d IC V �.� =j L dC .0 8 y l� Im o d ut N c 0 m 0 V '_ C j j 7 E2 m N r' m '' 0 ., 9IE °06 EBL E 2 IE aTa 919 @ m° °9 E E E E o .t q E Qw'op yl E .9 c mIm t°O $3 o v L .m Iry E v.ap E m c1° E"'a m9 ;aE ° ory Am ml8m m E_'m E� dgoE c °l 3�L s d -'om 12 m E 'y mE `Id _co c Uq 8 m4 m U mci�a` c� c d a m a R a °gym "o ` of=cm 'FOCI � mc m 8 E Qa E o LL �`m c E a m m Z m nim �L m mlw0 UN m° aIE 'oQc 3"� ''I�`o color °O m ° -d ceeego m m Q= m m Em .ogmm W?9�3N °cl° 'oE o r o °m o o`ou u Im a m a wOC .m,,' . 1i, E u x i qd , _ o °o .s°o • °m Uaa 19° lm c i- 13I = h d °° of mm m°m o 11, ylm ° Ei a °c mlm c rcl E lr b I w) �c1� w ou m a. E E c-3 942Q Y m m h�=8' 1I =N I cIi 3!'.v s m r> y °m g I I o nrc F ' I = �o 8 8I 1 a'c° �E m° IFJm> dc c1 1 l 'm°N 'mm d oE °°,� t °o � ° oI° +I °0 °o°c —.. S I� °oh Iz l 1 m V d E ° l �m l � ai0 LI J p ♦ °� og€ I y m N ,' l! me °�c � l�sN4 , ' o `�s I ' i °no 7IL 1 , � , � °o@ � � oNNrQ3 l ♦ ry o m n 4w ♦m �o I ` - o + t(c .O C =n a f m d o LLc_ .0 N I I t l t I I I - M o ' I IU I I Ii I I I ;° ° ♦ ,U ava ° ,aOc a ` I N4 IIm N4 r m °N ' mCmQ ' N �4�°a 4 E�ol l IIIIB3NN OvmrfpmmJ�oOO=` i l I m�xlyro3 I 1 -i I Omv I l rl3^ m �m _ . Um Mo p E i NON4°m N o ' O! 4 N o Nq 4a°mf 4o- 4N Nm°0�E Y oy f N i°n N 4omS $ O I og I N1 _ p I I I l NC�� N 1 'I g ryN 1 'a v l x I q pz lII'T� mal II mm O I I I , l II11iCL Eg� E I�I IlIII3mN 1l ' I II'IIl l I c� l i N�m`mc E Ya w8 1I m 8°° U xm II1INm WN0 m I ' N�O J l hIlIioCN I I1I==�400c�w`I 1 I l C° I IIIIIII�i ' l In; . U 1 l I z I'im�OsM^n 10 E i " I�'I N L 0Iam!h ImI o NIc m mm °�_� E c nl �l� Iml °I IEI n to m m _I E 8 fla KwO �'@ IO m o.E x2 m m, �'NO P�g is y`cl L O of LLU 'm I�. _ _Ei Im W O m 2E E _'c E E �6 c E n = m E Toll UUU of E E mm I ImI INI '8$ `c N 'N 2 N EE 0 IE GZ m m iu LL� m o a- iIIIII EIE I d`d�ar' E oo orU I olo 'i o,U 1 c Iw g$ .U'o ImI 'o IEI ,v Im. 'o I9m ia' I9 rc m 2 I I m 1IC 9 l 9 W 9 N 9 I LLm IN 9 x N ♦ C IL LLLL �W� ? n '(J j L 1 LLC Id LL C O 9� IIUm _ N I 9 i N VZ ld L 9 UZ _ Z I m m Z E d WW Iy C I O OO OLLC � 1 IUo 0 O9] O oo C 0 0 C C E m' n LN `m a City of South Bend, Indiana Fund 217 - Gift, Donation, Bequest January 1, 2008 - February 28, 2014 Updated - March 10, 2014 Animal DCI - Bike DCI - Control Paths Other Interest Total Cash Balance- 1/1/2008 $ - $ - $ - $ - $ - Revenue 2008 $ 37,299.71 $ - $ - $ - $ 37,299.71 2009 - 9,588.82 - - - 9,588.82 2010 9,400.15 - - 102.21 9,502.36 2011 8,244.37 2,500.00 - 112.10 10,856.47 2012 7,875.60 12,700.00 - 286.50 20,862.10 2013 1,459.00 2,500.00 7,310.22 232.12 11,501.34 2014 21,112.80 37.01 21,149.81 Total Revenue $ 73,867.65 $ 17,700.00 $ 28,423.02 $ 769.94 $ 120,760.61 Expenditures 2008 $ - $ - $ - $ - $ - 2009 20,617.18 - - - 20,617.18 2010 - - 2011 - - - - - 2012 - 4,259.34 - - 4,259.34 2013 - - - -- - 2014 Total Expenditures $ 20,617.18 $ 4,259.34 $ - $ - $ 24,876.52 Cash Balance -2/2812014 $ 53,250.47 $ 13,440.66 $ 28,423.02 $ 769.94 $ 95,884.09 Encumbrance - 2128114 $ - $ - $ 1,310.22 $ - $ 1,310.22 (St. Joe County property taxes) 2014 Expenditure Budget - $ - $ - $ - $ - $ - Significant Donations 9/24/2008 - Estate of Evelyn Kendziorski (reclassified from #101 -1207- 367- 00 -00) - $34,110.16 12/28/2011 -Bike the Bend - $2,500.00 1/30/2012 - Urban Enterprise Association Bike Capital Sponsors - $10,000.00 1/05/2012 - Bike Michiana Coalition - $2,500.00 2/21/2012 - Grass Roots Media - $200.00 6/12/2013 - Bike Michiana Coalition - $2,500.00 6/20/2013 - Wells Fargo donation for 1243 Eclipse and 1630 Longley Avenue demolitions & taxes - $7,310.22 2/19/2013 - Meridian Title donation for vacant and abandoned properties initiative - $21,112.80 Significant Expenditures 8/10/2009 - San Mar kennels - $18,200.00 3/02/2012 - Traffic & Lighing Sign Shop - wayfinding bicycle signs - $2,626.02 11/1512012 - Traffic & Lighting Sign Shop - bicycle signs - $1,094.87 Mled in C�Vr 5'aF F.D9 Q ®i+'ii. cal IFd 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE March 10, 2014 Mr. Oliver Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: March 2014 Appropriation Ordinance – Civil City Funds— Substitute Bill No. 21 -14 Dear President Davis, Enclosed please find Substitute Bill No. 21 -14 with respect to the March, 2014 appropriation for Civil City funds. This substitute bill increases the requested appropriation in Donation Fund 217 by $32,600 from $17,100 to $49,700. The additional appropriation will be used to pay for bike path/wayfrnding signs and costs in connection with the vacant and abandoned properties initiative using donations received. I will present this substitute bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 15t reading on March 10, 2014 with 2nd reading, public hearing and 3`d reading scheduled for March 24, 2014. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards, s� Jo H. Murphy City Controller CC: Pete Buttigieg, Mayor Mark Neal, Deputy Mayor Kathryn Roos, Chief of Staff Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Filed in CITY CLERK, ;jOUTiti i3END, I & %Ak oz>- N, -2 � RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 237 North Michigan Street AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GREAT LAKES CAPITAL DEVELOPMENT 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 located at 237 North Michigan Street and which is more particularly described as follows: Lot 10 P So Bend Lot 2 & N 33.45' Lot 30P and which has Key Numbers 71- 08 -12- 107 - 005.000 -026 and 71- 08 -12- 107 - 006.000 -026 presently at this point in time, be designated as an Economic Revitalization Area; and WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. 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. O,� --a 10" Member of the Common Counci Council action on wis issue, , 71 and °bled '1P-.—CTerk#j PRESENTED. i 'Ou CfYYCLt �i. n tt fv r,r` 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 3201 West Calvert Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR NOBLE AMERICAS SOUTH BEND ETHANOL LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 3201 West Calvert Street, South Bend, Indiana, and which is more particularly described as follows: Vac Sunset Pk SE'/ Ex Pt Sold to City S & Adj & Mid Pt S 1/2E of Rr Conn 61.834 Ac +- Sec 16 -37 -2e and which has Key Number 71- 08 -16- 400 - 002.000 -026, 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 sM., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seM,c., and South Bend Municipal Code Sections 2 -76, et §gq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et M., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections I through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted.property tax deduction for a period of up to an eight (8) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED. - Pot A.pmw i Mmber of the Common C ncil a iled lrt CBerk's O lcr: 1 JOHN leoORDF CITY CLERK; "SOUTH REND, IN 227 W. JEFFERSON BOULEVARD SurrE 1400 S. SouTH BEND, IN 46601 -1830 PHONE: 574/235 -9371 FAX: 574/235 -9021 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson February 20, 2014 Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition Noble Americas South Bend Ethanol LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the rehabilitation of a building. The project cost is $18,000,000 for two years. The project meets the qualifications for a (6) to (8) year real property tax abatement A representative from Noble Americas South Bend Ethanol LLC will be available to meet with the Committee on Monday, February 24, 2014. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9339. Sincerely,, Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding PLANNING NEIGHBORHOOD ENGAGEMENT BOsiNESs DEVELOPMENT ECONOMIC RE SOURCES J1TIN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION Noble Americas South Bend Ethanol LLC DATE: February 20, 2014 PHONE: 574 /235 -9371 FAx:574/235 -9021 On December 3, 2013 a petition for real property tax abatement consideration for property located at 3201 W Calvert Street, South Bend, was filed with the City Clerk by Noble Americas South Bend, LLC. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY Noble Americas South Bend Ethanol LLC (NASBE) is a large scale ethanol production facility located in South Bend capable of producing up to 100,000,000 gallons of ethanol per year. The project will involve restart, re- commissioning, significant upgrades, and subsequent operations of this facility after being idle since November 2012. Upgrades would include substantial maintenance and capital expenditure activities projects to improve and stabilize the operations of the facility. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JmN KAD7 PAMELA C. MEYER CHRis F1ELDrNG DONALD E. INKS RE: Tax Abatement Noble Americas South Bend Ethanol LLC February 20, 2014 Page 2 South Bend Common Council From 2013 through 2015 the company plans to spend $11 Mon new building construction, and $9M on existing building improvements. They have plans for investment going out five years. Because the designation given by the designating resolution only extends out for two years they will need to reapply for abatement at the end of that two year period for the next two year period. The overall cost over 5 years will be $24,000,000. DCI is recommending this petition as an exception. The petitioner has already pulled their building permit. All of their real estate was previously classified by the Assessor' s Office as personal property. There are no building permit restrictions in the local ordinance on personal property. Petitioner was advised they could pull the permit without sacrificing their potential tax abatement. A change in assessment type later occurred and what was once classified as personal property was changed to real property. DCI recommends this exception be considered and approved. The petitioner has not submitted their contractor information. They will have that information on the date of issuing the Confirming Resolution. Based on the petition, the petitioner qualifies for a six to eight year abatement. Total taxes to be abated during the (6) six -year abatement real property period for Phase 1 are estimated at $1,242,213.. Net tax paid is estimated at $3,137,812. For an eight year abatement, the taxes abated would be $1,562,658 and the new project taxes would be $4,443,409. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create 50 permanent, full -time and 0 (zero) permanent, part-time jobs within the first year, representing a new annual payroll of $2,808,000. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous tax abatements: 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (6) six -year personal property tax abatement under section 2 -76.4, Add -On Real Property Tax Abatement. o W 0 0 0 0 0 0 0 0 0 N V y (q N V } 0 0 N O W O r r W O MOM, � T v ui . z M o n 0 0 0 0 e O O O O O O N y 0 0 0 0 co W N - m mom n N m N O W } 0 0 N w O A N N M N W W M W N L6 pp�O 000 vuiMc6 o W 0 0 0 0 a Om" O N N O M m 0 0 0 0 N O N O M }000 o adv of Mom rN v N N C e O 0 0 0 0 e O 0000 W aWpO W N0� N O U 0 0 N A n N O A m 6 }OON W O N N O rOD W lM (O V N O O O O V hAfV M 0 0 0 0 W W W n W O O W 0 0 0 0 N W N m N }OOM� O L'6 N O(OO W W M O O O O O O c a OOiO a e M 0 0 0 0 0 0 0 0 a W O O O O O O N X r'O C C C C N O O W O n � W N �t W Z d N A W W n M W< M O O A N O M M M M Mvn 000 MMWWMWn 3 W M V' O N V v O O v M N N m 0•- N M O W W A A A N v •L O d O 0 Ny0000 QW OM ~ O W W N n tn p N�� V fN ' N 6 4 N- V" f7 N N W C i 6N 0 } O O V M M O a ¢ W M O M N CIF o mo�w M M W W GM v MNN- 0 oQ -I w, W C O N O O 00 e 0 0 0 0 a O O O O W W d >+ y v V V C v v v v 00000000 v M N 900 O y10000 N t�0 O N MO C Z X { p C 0 C 0 0 0 0 0 O Z .+_. }000000 ° E°�~ Ov o OOOOO v v O�mm mm<°+>mmmmm � W o W M M W 0 N N W O o m n n n A n n n n W ovm avi0 co w /roy l O V W y `�°- 5c0000 0 oWV ovv 3uW W W W W W W W W m m O W O N O A M O X N N N N N N N N O > N O E 0 0 O N n Z p p v v v v a v X >> 0 0 O O M O OO N ~ a. N O N N N O N N V A N W C �0 W M W W W W W W W W v , ¢ v L N L C F � C O O o O W W W A W A W A W A W n N 0 C Nm NOOO W W OO (O q $ mA � ' ----- � t� CXW C .J t` V y N ZE y c e N y M y Z'O O W W O O W O A y N H T y d C W W E o x X t go W J 0-6 m a y y c a y G G J U W= W C �> oiE c�j U m€ >> 'O y R> y X X X Y y 0 6 m > W W C O y N.W., 4- N N Y ry U_Y N y' ,Or v W W> C N N W y W W y d X X @ V W N m W = U) =� m d m Wi E¢ °' g e H Y J J J R �z A 2z -(.)D i � E 0. m_ Q c Q £ ~ o y W W y W J N N J W J 2 t co Um (7� U t Caw of S�ot� " Noble Americas South Bend Ethanol LLC truchr a .. - LLC NO�te www.thlslsnoble.wm xojectaddiess v: 3201 W Calvert Street Op South Bend, IN, 46613 Le Zip Joseph Limone Title Secretary 107 Elm Street, 7th Floor Phone 203.324.8555 Stamford, CE, 06902 Emae jl @thisisnoble Joseph Limone Title Secretary xentfrom 3201 W Calvert Street Phone 203.324.8555 south Bend, IN, 46613 name Noble Americas Corp Noble Americas Corp 06.1466543 Noble Americas South Bend Ethanol LLC VNASBE ") Is a large scale ethanol production facility located in South Bend, IN, capable of producing up to 100,000,000 gallons of ethanol per year. The project will involve restart, recommissioning, significant upgrades and subsequent operations of this facility after being idle since November 2012. Upgrades would include substantial maintenance and capital expenditures activities, as well as Installation of incremental on -site projects to improve and stabilize the operations of the facility, No NO NO NO q yas, 000 t Building Improvements 5000000a% 120M 00000 2000000 3:0::J02000000 00000 2000000 Ltt1U0o00 1500000 1500000 500000 500000 Toolfng/RetooMg 1 — " - -- 100000 Hardware 375000 Fiber Infrastructure rrascructure neeas ton -I Has any 504 funding been vvhatis the value ofanyequipmentbeb siteofproject) received? Indiana for the project? I . 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 3201 WEST CALVERT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR NOBLE AMERICAS SOUTH BEND ETHANOL LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3201 West Calvert Street, South Bend, Indiana, and which is more particularly described as follows: Vac Sunset Pk SE '/ Ex Pt Sold to City S & Adj & Mid Pt S1 /2E ofRr Cont 61.834 Ac +- Sec 16 -37 -2e and which has Key Number 71- 08 -16- 400 - 002.000 -026 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sue., and South Bend Municipal Code Sections 2 -76 et LN., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et M., and South Bend Municipal Code Sections 2 -76, et M., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et sew., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections I through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. 2 SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTEE! ROT WPKC5.Vf0I wwP= 0� CDL� -3- 0-a , ( Member of the Common Council PF 3 tqJ L! "ifed in C1 Office er. s Office 1, i ti AR R =1641 Z:`) 14 JOHN WOORDE CITY CLERK, SOUTH apwv, ni Council Member Gavin Ferlic, Chairperson February 7, 2014 Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition Noble Americas South Bend Ethanol LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a personal property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of new equipment. The project cost is $2,425,000. The equipment costs for two years are $2,425,000. The project meets the qualifications for a (5) five -year personal property tax abatement A representative from Noble Americas South Bend Ethanol LLC will be available to meet with the Committee on Monday, February 24, 2014. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9339. Sincerely,� L ✓/ Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION Noble Americas South Bend Ethanol LLC DATE: February 7, 2014 On December 3, 2013 a petition for personal property tax abatement consideration forproperty located at 3201 W Calvert Street, South Bend, was filed with the City Clerk by Noble Americas South Bend, LLC. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY Noble Americas South Bend Ethanol LLC (NASBE) is a large scale ethanol production facility located in South Bend capable of producing up to 100,000,000 gallons of ethanol per year. The project will involve restart, re- commissioning, significant upgrades, and subsequent operations of this facility after being idle since November 2012. Upgrades would include substantial maintenance and capital expenditure activities as well as installation of incremental on -site projects to improve and stabilize the operations of the facility. RE: Tax Abatement Noble Americas South Bend Ethanol LLC December 6, 2013 Page 2 South Bend Common Council From 2013 through 2015 the company plans to spend $11 M on new building construction, $9 M on existing building improvements, $2 M on new machinery and equipment, and $875,000 on IT equipment and software. They have plans for investment going out five years. Because the designation given by the designating resolution only extends out for two years they will need to reapply for abatement at the end of those two years for the next two years. The overall cost over 5 years will be $36,175,000. Total taxes to be abated during the (5) five -year abatement personal property period for Phase 1 are estimated at $102,898. Total new taxes to be paid over five years are estimated at $208,639. Net tax paid is estimated at $105,741. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create 50 permanent, full -time and 0 (zero) permanent, part-time jobs within the first year, representing a new annual payroll of $2,808,000. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous tax abatements: 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. They also qualify for a three year real property abatement. °■@ ])! , K%k k$\ Ld m k# ¥4« . k § LU °\C° # �§ 7// ) 0 , \ c / ;# 02 C} J# ; /M 2 )\ °\ § 2a \k\ (%) \k 2 ) \\ \ 6'd kk�\ ��� `( t <) %°� - ■ ?co �D \ /x ■ Z 0 A[ 2 g& )] ƒ ui � ° ])! , — Ld �- k# ¥4« k LU °\C° % \) �§ ) 0 4 c / ;# J# ; /M 2 )\ �\ § 2a \k\ �j\ E|/ \/$ §r{ ;a! g/! ])! , — �- k# ¥4« k LU - — �- k# ¥4« k /x �§ 0 4 c / ;# J# ; /M 2 )\ 2a \k\ \k 2 � \) kk�\ `( t <) %°� - \ /kk ! )k — �- k# ¥4« k /x �§ )\ 2a /\ jk k{ . /% ,IN Noble Americas South Bend Ethanol LLC LLC 00 pa b' www.thisisnoble.com Proposed Project Information Propdsed pro�ecta8dreu��nxi?,,, .nam 3201 W Calvert Street Noble Americas Corp CNy 5b� 2fpf,� South Bend, IN, 46613 Noble Americas Corp „_ Site Baeage orarie's`g'e required! s Islhe re`al� o " -F`do 06- 1466543 Squarefd" offaGO .` Ifleased l'y "v5fi"om" Primary Contact Information Pnmary companyfoptadname '-(,` r Joseph Limonee Secretary Atldress of<ompany contact 307 Elm Street, 7th Floor ....... 203.324.8555 [ity,State zip - Stamford, C7, 06902u Ematl > - - jl @thisisnoble.com _ , Senior a Company senior offisialname -. `-y Joseph Limone - -e Secretary Address ofcompanyntact (If different iron 'one above '` :' Xe* +" .p 3201 W Calvert Street 203.324.8555 qty{ re ?rat {, South Bend, IN, 46613 Consultant Information/Agent jl @thisisnoble.com Hired eu consultant/age�t n�ame4yt-? "— �'r"2o'sea Address +� __ Beal e6 Migcom% Chy$tate 21p INS 1111MMI s_rs 511M Project Overview Brief ipdon p£yoLr_ + +; "NASBE "j mm`panY proJeeeradd why the,:. Noble Americas South Bend Ethanol LLC j is a large scale ethanol production facility touted in South prop_IS necessaryfor` Bend, IN, capable of producing up to 100,000,000 gallons of ethanol per year. The project will involve restart, 5 ecGnomlcgrowths�.� s ' re-commissioning, significant upgrades and subsequent operations of this facility after being idle sine November r 2012. Upgrades would include substantial maintenance and capital expenditures activities, as well as installation of incremental on -site projects to improve and stabilize the operations of the facility. n - r 4 Filed in Cleric's OV 4F r DEG 1� a • �� j Ceiti ed Tedldo" -'dca '?M, e . No JOHN7a(A,1j —. C,ommupi `te" -iv t`all?attin`Fri(ia`n'� GIFF GLERK, SOUTH _891-_ Uistikt " No Cer"thaW& -- Bu_ifllink§, . 85l°otleen"9 No l If thlskapedtIoni - '"_tax -- anal- ahateinem, has eqa ant - i No $s_i"= 0_ rz ,IN New Proqect Investments vubliUnfrastructure needs (Off Na any 50q Rndi'ag been Whafis the value of any equlpmenebeing purchased in '- What isihe'vaalue of any equ[pme�'befng�i Calendar Year 2013 2014 2015 2016 1 1 18 2019 2020 2000000 $000000 e - by Calendar Year falen'daryearx "- Jobs retained, Totslhourty ftiriiufative #of get NEW fu It `._ ^'' -HOU averaeewage w /o! YoSal>Tbainfng A Z' wage w/o S ° J. ss.... permanentjobs seated atpmlect -�i. A� ifs'? /T •A' benebfs or bonuses of - train_ n y - _ - { fringe of _ _ wmuladve net namu - i� bonuses - _ v - `_ • amuWuwv 5' BI 6000000 2oi4x ..,. 50 27 250,000 35 2016:. y Mg New38uiv 2017s g 4000000 7000000 2020 - ErSslfng au Idin$ Io„g6nmis"'f^a =.,; iota , 5000000 2000000 2000000 2000000 2000000 New,(.7achinery &Equipn7elx -1 #3 - 1000000 500000 500000 500000 500000 Special TOOling/ b Melissa Traffas (ICM Inc.) Yes Yes O t5 New,F,umure /FIu t��:,,� 100000 New pater /R liafdware �% - 375000 ar"rd .q' 50000 50000 50000 50000 New Software $ ;500000 Odsire f1ai11nfrastNCture A On67teFjberlMraaku,Eture _xf a _ Investment Details vubliUnfrastructure needs (Off Na any 50q Rndi'ag been Whafis the value of any equlpmenebeing purchased in '- What isihe'vaalue of any equ[pme�'befng�i site ofprojec[) received? Indiana far the project= -:` purchas iro ouzo tefor Ne jeR _ =_- $000000 Full-Time Permanent Indiana-Resident Positions by Calendar Year falen'daryearx "- Jobs retained, Totslhourty ftiriiufative #of get NEW fu It `._ ^'' -HOU averaeewage w /o! YoSal>Tbainfng A Z' wage w/o S ° J. ss.... permanentjobs seated atpmlect -�i. A� ifs'? /T •A' benebfs or bonuses of - train_ n y - _ - { fringe of _ _ wmuladve net namu - i� bonuses - _ v - `_ • amuWuwv 5' 2oi4x ..,. 50 27 250,000 35 2016:. y Mg 2017s 2019,E 2020 - iota zo2.J�.j 'x •" °+ — °"6` =' ProwAe'hourW. age infolma0on fot newcrtmPl�ees7n- tlief0tl -:• =�' y: .z1x' �y- 3'3."' FLg tlme s:` 'F Pail timed?. b Melissa Traffas (ICM Inc.) Yes Yes n > ,;�--k?oMp nesw. 11 d1c 1 Pleasemmplete� eta a eo t k ea iaY artormp o . me n Bala .on you qu�ify forthe pol�its, please e t he u,�l o �o7��railab a i` ,� t5 i' „,� Q uu ,�� Emp oy toiac"I,GveA, ]y5��, - No 0 20 ` "^� a k3 °,�, Purchase NLaie a(s froggal'o I¢otepanis�75 No 0 20 _ `' A-`4i Requue Emp of ee3 vx'.epe n+(lAntreciq.. -, No 0 19 No 0 22 ReijuvetPrevallingagglDpBaconiM Req No 0 22 R eq9yeL. Pe051oli9enefns' y"' z ^_= No 0 18 : -. G.' Maintain Affrtm_ati4e AChon PlalE - No 0 20 ,k = '- Sub- Yolal Caretmctton Re1aled ---', 0 141 & i was Be l`'e Rke ate Wner�l ��zA� , PaysTargeLWag"E;Levefs� � �.a: Yes 33 33 -A-.£'°i.'. rte.. _ 34 34 - r Provide Health Bepeftts -�- .-,;> s�c�.r.`. -�. -'- Yes z'r z- - Yes 29 29 Provide Pensiort,eene'fit; „�„ -:r -; r - D Proylde Traimn '!� '°'`�' �'�'”' -ry3 B..: sue, _ Yes 28 28 _ - _ E'' Provitle ChilrjCare >:�- .,: - -s_ No 0 15 Bi6wde7ra spor[ationyssis7ance - Yes 14 la G s 'ass - ;h. --r. ®owde Employe?:ASSistetl } ousJnrogram -w -. No 0 9 - sub- total.Wag &9�eoef_KRe at-s 138 162 Workforce Rel�at�ed'': zx�. R� -'� Yes 42 42 Create Nem�Jlo st, fjl 4� c -� B Retain Exis[mg`lebs ng _? ,� Yes 41 41 Maintain Affirjxtive"� -AC' nP a �s�.�' ,r�a�r : Yes 35 35 Provide 7argMed- Hiong;P,re ce-- �,�” -_^ No 0 34 -_ - r i- `ra`crF „ate -.. b -tal Worl_drce Rea su to o 118 152 _ 4 dCSUOOiani W _ SuppodaMunidpafa�iojoa -s 3. _ ,�a -�, coSiservat_m_seurQ, - No 84 No 84 -�� r-”- - I 5u6- totalfrom'A 256 539 The underngned owner(s�'ofrealprope ' lo'ca`i`edwrthinFte -�"F - Soutli'dTer1 - "eiition the: Com on Counci `o the Gty' of So to d: eal and or r o a ati "te a si a rsua t o :C. 2, tse ands' 40 f For Staff Use Only Below This Line MENEM P�efa�cea��le.m�` paa�� e°vi�ie: oc`at�'an ease eamovn a a�i persona property taxes air x * � sue' T 3,.g p�nalPro e'` T '+ ` ' - y2 � id"1"or the Iasi five ars whena Iirable it Ya i o3' .7_..,vy.. `013 VI 13 - -- rc�.�..e'k :. µ.Vi 0'c., ii:ei•�- " F CITY CLERK, SOUTH BEI D, Yar Flve, - Please fill out the folio "wing Public Benefit Summary_Information and add to totelfrom above'" s - #Qualify Earned 7 r Aa lAle x Y of N `{ Points ?� Point b - "s'� '- �' - . $'i{` }Ytt. Needss„ Redevelop a Sne tFTat has Spe- clal= 49 ':8 Develop Based on COralUmve�sity ,Research 35 - s7 z_V C r Achieves Phys ci alElementofa I`an ��- z- 36 Sub total Protect Related °*� ; 0 120 yr � Super Size Proiects (point values`are.cumulativel - ' 25 200 %to -- 68 300 %to 3999'. - 65 x „. DV`-f; 400 %antl Over u i „ ?_ 52 w � r Sub torsi Super Sae Piotects -_- 0 210 Pev for MUnidoalinfrastruc"tore: _ PdyforWernzingor_pgradmg%Ns 14 Pay for 2G50 %of Extension Cost_; s =- 26 39 ! Qay for 76- 300%.of- ens on,,COSI;���T,��. 52 L- � m - x -, ,. Sdb -tote akt u _uie Related: , Z 0 131 - ;,; ` Total from AppRwnfSection } - c 256 - . : r, 539 ,r =-, ct�oo - -�. -. 0 .: _ sx�TOtalfrom.Sta_ff_Se- 461 blic eoefit{ o ts, - -- 256 ota 1000 a- i IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1902 West Sample Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR Lippert Components Manufacturing Inc. 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 1902 West Sample Street, South Bend, Indiana, and which is more particularly described as follows: Lot 1 Project X Minor Sub 03 -04 New Replat TR 5162 -7 -18 -2002 and which has Key Number 71-018-09041-00, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et see ., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seg., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines. and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the 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, the Petition for Real Property Tax Abatement Consideration, and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of two (2) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. 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 $1,078,274. 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. Ps:�setvTEd :.. POT 90PROYE0 .`A6oPJk�°' O "--�'f�) Member of the Common Cou cil and Council aoWl on Js issue iced in Clerk' i EMI. 1 f 4,914 JOHN Yt ORDE CITY CLERK, SOUTH BEND, IN 227 W. JEITERSON BOULEVARD SurrE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGH?G, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR March 10, 2014 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: Lippert Components Manufacturing Inc. Dear Council Member Ferlic: PHONE: 574/235 -9371 FAX: 574/235 -9021 Please find attached the Department of Community Investment's report on a commercial real property tax abatement petition from the above - referenced Petitioner for property they intend to rent that is identified as 1902 West Sample Street. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The Petitioner, Lippert Components Manufacturing Inc. proposes to rent the vacant building from Drew Industries Incorporated. This project qualifies for a two year real property abatement under the Indiana State Code. A representative of the Petitioner will be available to meet with the Committee on Monday, March 24, 2014. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9339. Sincerely. � V Brock Zeeb Director Economic Resources Department of Community Investment edin l; t P014 Attachments cc: South Bend Common Council Members Joiu, v lR,t Mayor Pete Butti a CITY CLenK Y g -� . urt•I M , IpI Scott Ford Chris Fielding PLANNING NEIGHBORHOODENGAGEMENT BUSINESS DEVELOPMENT EcONOMICREsouRCEs XnN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN PHONE: 574!235 -9371 FAx:574/235 -9021 SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: Lippert Components Manufacturing, Inc. DATE: March 10, 2014 On March 10, 2014 , a petition for real property tax abatement consideration for property located at 1902 West Sample Street was filed with the City Clerk by Mr. Scott McPhall of Lippert Components Manufacturing, Inc. 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 Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Drew Industries Incorporated is the real estate holding company. Lippert Components Manufacturing, Inc. will be the lessee. Lippert Components Manufacturing, Inc. (LCI) is a tier -1 supplier serving the manufactured Housing (MH), Recreational Vehicle (RV) and Cargo/Horse Trailer Industries. LCI is an industry leader in a multitude of products including chassis, fabricated steel parts, entry doors, axles, leveling and stabilization equipment, suspension enhancement products, and accessories that enhance the RV lifestyle. As an industry leader and innovator in production and sales trends, LCI has grown into a multi - state, multi- facility organization. As part of the company's growth plans, it is in need of centralized warehouse space and distribution space for their finished products. The space needs to be proximate to its production facilities but PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES Jam ]CAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS South Bend Common Council RE: Tax Abatement for Lippert Components Manufacturing, Inc. March 10, 2014 Page 2 also provide an efficient and effective means for storing, tracking, and distributing finished goods to customers. This centralized warehousing and distribution facility will reduce the need for space at the company's production facilities, space that can be more efficiently used to enhance the company's production capabilities. The centralized warehouse and distribution facility will make the management of the company's finished goods inventory more easily traceable and more efficient, resulting in more profitability. As the company's overall business continues to grow, the company will continue to add positions to operations. In addition to the direct company jobs that the warehouse and distribution operation will create, the company will sub -lease some of the space at the facility which will result in 80 new jobs being created by the company's tenant and $400,000 of capital investment. This sublease will be the tenant's first presence in the City of South Bend and the State of Indiana. Those net new jobs are included in page 2 of the petition. The building is 539,137 square feet of space. PLEASE NOTE: The applicant, Lippert Components Manufacturing, Inc. , 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 that the Common Council grant the two year exception under this IC exception. 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 has been listed at $2.00 per square foot for the 539,137 square foot building. The maximum rent generated would be $1,120,000 and our estimate of the taxes abated for two years is less than that amount. Total taxes to be abated during the two -year (2) abatement period on the assessed valuation are estimated at $696,252. Total taxes to be 1210 during the two -year (2) abatement period on the assessed valuation are estimated at $400,839. EMPLOYMENTIMPACT Per the petition, it is estimated that the total project will create 380 new, permanent, full -time jobs representing a new annual payroll of $9,880,000 over a ten year period. South Bend Common Council RE: Tax Abatement for Lippert Components Manufacturing, Inc. March 10, 2014 Page 3 ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has not been granted or associated with any previous tax abatements: 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Sample -Ewing Development area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner does not meet the qualifications for a real property tax abatement. A two -year (2) real property tax abatement is being sought as a special exception. N N 0 a E u° r a a a J bo C m T C U J z Q r R °o N ci o j u O ii v a a E v� O v$ a` Z ¢ N y c m Y m E X 5 v 0 N H U W o N m c V 0 > 0 0 0 0 000 H O 926660 O N N Lq O w r N N n ci o j u O ii v a a E v� O v$ a` Z ¢ N y c m Y m E X 5 v 0 N H U W o N m c V X F 3 a vi va O m O O O O 926660 O Y w r N vi vi 'O O o a o o w E 00 O O N C O 0 O N a w a N a 0/ N y U O d E Q a 'O y m X f.. L 6 X a Y F L ;0 () Y m Y ` u m u Y N m Y N m U 0. m u d m N 7 Q U a H O V Q O N . N vj 0 0�° O O H H O 0 O aWi p M O M � � O V 0 Ln m O O O 0 0 m i � n m n K m n rc N K o u oa n o \° m O 06 M � 0 m Nil O N °o a a C m rn a O d v c a °o a V O ry m a o*o O W o � F o o m y ° o of Z m 0 0 a H a o d Q N O N N a E m c V X F 3 a vi va a vi u�i u° w z T a M O w 'O N C O 0 O N a w a N a 0/ N y U O d E Q a 'O y m X f.. V Y Y C w C u N 6 X a Y F L ;0 () Y m Y ` x m u Y N m Y N m U 0. m u d m N 7 Q U N OO A J z Z a O a` E w � u, O l7 u H � F z Z U U O u F o o m y ° o of Z m 0 0 a H a o d Q N O N N a E m c V X F 3 a vi va a vi u�i u° w z T a a X O O o 0 0 o` w z txo 12 x up uai 0 v � N N } m m m 0 0 a N N N N m 0 m 0 o x a O ` O w 0 a m O O Ch 0 N O F- N O) a H ra L w 0 Y d N t0 J O a C 9 m u c v `o Y C E d Y f0 X Y a _N Y N 0 W � � N Y Y v W W Q N � � J � Y i V O N WO m a - - n � N Y w O m — o q E N w O H O F v V II It c O` n t N @ K amn O O Y N 00 O ) .ti u v c C m O) � - «� o V L Ln C v C C CL v O 6 N y Y O 2 U N 10 70 O1 N d to c — Y C L Q 10 O m J J J* d Gc� G Q C 9 m u c v `o Y C E d Y f0 X Y City of Soutth�Bend 4. * #or incentives NPi'tiQn Legal t +�Sred V, ,flgf5,�'.,µ,'. .IL�Fy 4t Elopers COmpoMmi Manuhttudn &In[. BUSiI ead -it ure . Cnportlon Cambanywebstte � „. �'u MepJ /www.Id6.aM Proposed Project Information pr9cPSedprWed atldrc# asties, iar�nalne 19112 Wert5emple Street "P ..-a� �. Orowladunfla ln[orponred ,': aly�5tabe ZIP K South send, Indiana 4fifii9 le6alOWnN% - Site acreage 01 aaa£jlO regUHed ._ is ifle TlA}1 !State OWllgd Af v� Wood ]0.99 areas k�4x4? tI'.' st Iffeasad byVfiom LIPgn Wmponems MenWactudng. irH. 9quarNMOfatlgty 539, 13]skwnleet Primary Contact Information PrimalY wriHpdny MateCt name ", ': S[oH MCphell TR1e VP Mo. AdErlfi30ttanPeM2onaa 3501 County Road 6East Phone (5]4) 3124135 iH$$bte, Zip' , EM.M IN 46510 _-,.a.. Ema11 ' Mcphaidiudl.nm Official Information Cempeny senior Offlg01119me tpseph S. Gkadano 111 7188 _' Chief Fkvmlel OHkerBrreasum Addrenofcompanywmct(Hdf(aentfrM Phis : (5]4) 535 -1125 above aty;5tate, ZIP liantill I 1ceg tarewbdunHexnm Consultant Information/Agent Htredbuslnessc0n'suham/agatname CnwuMtmkaaspprovM ,'- Craig S. Faller Ye[ Addrest taaleanpmkdewbpmem 2108 HIgMestforMOdu. V. pdmrf r.Nale approval.. aty,5ate,Zlp McMr, NC 281r3 Emig ahholloftahoo.com Project Overview BrlddeSaiptican dfyour NPOen[ompomms M.nuh[mdrig,im('la')IS • tlerl auoOger R[nuirlgMe Manufectaed HOUdng(MXJ, ReantbnalVMide (RV)antl Cargo /Hone companS,Pttlett, and whythe:: TWItriodusWes. to N..Industrylechou b, ukkudedgaductslmludW dlassN, fabbtM SteN Wn4 enbV doss, sits, lerdNgandstab0i[Hbn propertyl3 necessaryta eaulpmam,swwMnn enhancement gadutts, and ac[essotas that eMannum RVINeshle. Man IMumy hastening lnrwuabr In production and econemfe growth riles trendy, La bign. Into. mukLstate, muhMadllty org.nhum.. M pan Mme[anp.,Wa growth plans, It Is in need of cenba0[ed werehoud, ad dlsbibWon[pceIca mar Rnbued poduum. this ynca mad[ W be gwionate to HR godutgon hdudes bm also gavkle an emdem and effective mom for stodog, banaka and distributing finished goods to the company, anom rs."I, centrtli[ed warehoudra and dktdbWo,hdley wm red. the mad for Roes at Ma nmpaM[ godwROn fadlltk; span that an ba more eMCleldly used to enhance the nmpaoVa goduction ng10k4s. The renbalired warehouse and dlstrlbWan hearty will make the management of one cam navy's flnated goods lmemery more eager habitable and more effl[km,(eRWOng In the nmpe, being mart Profitable. M me nmpa,'R oueMl budmss continues regrow, but camp., wm conch m n add tons. ao Hurt operation. In addition to the direct camp., lols,got this wanebauu and distortions. men Ion will aerie, ail coalWa, and wW. —same onto span et tM fsdlltr winch ulInesuk InamwJob, being crmtad, the anpaW. command $10M of PM lmeshnem. Thrt wbl.. Me be the temwo first Wm,ma In tla City of South Bees and the Sate dlndlam. Thor not mwlaba are lndudst In the podHan srhstule on age of thisappllonom St. due coms,.. ammlal use d tab warehmae ldgnMim In tilt campurym[u,k, a building which has been v cwotbmorc Mm 6 mom, , the nmpamr naDe[UW N raamdR reeaNka tire abendomd rnl gapwt, tax i baamem which wuN abort at real q.PN w cores &K, M. comwmyR first 2 years d opentbn n the bntlau Certified Terhndogy park appropriate? No Community Redneaatian Enhancement District ?.. - No Certify that the Building Permit has not been- Issued(yes/140) ... rases baMmgmlk hasmH been lol,etl. If this a pethicart for Personal ptopertytax abet anent, has the equipment bail Installed? No. Investment Details Public lnfrasbuctureneeds(OX- Xaaany60gfunding been Whnt sMewlueefanyequlpmentbeingpurchased (n What lsth eve lue ofanyequiPment being sheofprolttt) received? Indiana for the project? purchased from on of state for the project? $ 200,000 No 750,000 0 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year :. dbsretalned' , ToMhouriy ` Cumulative# ofnn� full tlme - Hourly everaeewage,w /o Total tralMng Tdtal #to be wage w(o permenentlobaanted at DrMect- benegti or 6onusea, o/ expendhure- trahied -mt. fri ear, cumula lvenetnewjobs not cumulative bonuses �- amuWtive Now zosa 180 12.50 100,000 100 2015 f 200 12.50 20,000 20 2016 220 12.50 20,000 20 1017 °', 240 12.50 x018" 260 12.50 2019= -. 280 12.50 zm0' 300 12.50 20x1- 320 12.50 x022 _.. 340 12.50 zoa = _ ,,, _ „. 360 12.50 z0za 380 12.50 . .. .. -.:- Rohde Hourlywa {elMprmatbnformwemplovew in the following posroons• — - ,. _.. Wllthne -. - - - Parttbne - �— $12.50. $ Technical - $ $ Managerial; ' -. $ $ Adminhirative $ $ Who wig be the bldWual .. responsible f" toordlnating with Scott McPhail WorkOne do reauttingt -, Does your colnpanyhavean EEOhidnBpalicy? ve$ Are YOU an EEOempfoyer? ve$ `a Af �;�ro,,m 2/28/14 1 „ :'A. Employ Local Companies (75 %) Yes 20 20 B. - Purchase Materials from Local Companies (75 %) ". Yes 20 20 Reequ'r`e Employe sysAndependem Cgntractors = Yes 19 19 D. , w Require Prevailing Wage- (0avls Bacon) Yes 22 22 E. ' - Require Health 6eneilt5 Yes 22 22 F. Require Pension BenefRS No 18 G. Maintain Affirmative Action Plan Yes 20 20 sub total Construction Related: ' 123 141 rr 2 Waae & Benefit Related fOwnejm A. Pay Target Wage Levels Yes 33 33 " B. Pro vide Health Benefits Yes 34 34 C. Provide Pension Benefits Yes 29 29 D. Provide Training Yes 28 28 E. Provide Child Care No 35 F. Provide Transportation Assistance - No 14 G. Provide Employer Assisted Housing program No 9 ". Sub -total wage& Benefit Related: 124 162 3 Workforce Related: ` >.A. Create New Jobs ". -.- -- - Yes 42 42 B. Retain Existing Jobs - - Yes 41 41 C. Maintain Affirmative Action Plan Yes 35 35 D. Provide Targeted Hiring Preference Yes 34 34 Subtotal workforce Related: 152 152 -4 Support a Municipal Facility: '..A support a Municipal Facility (donations to the zoo, conservatory, museum,. etc.). 84 Name of Facility - Sub•totalMunicipal Facility: 84 Sub -total from Above: 1 1399 1 539 The undersigned owner(s) of real property, located within. the City of South Bend, herby petition the Common Council of the qty of South Bend for a real and /or personal property tax abatement consideration and pursuant to I.C., 6.1.1 -12.1-1, sum, , and - -: South Bend Municipal Code Sec. 2 -76 et sea. for this petition state the above. �;�ro,,m 2/28/14 1 WlutRth tunprtassmedwNeT - For Staff Use Only Below RealProperge p- mnaltaroputy: Y !V What is th#rcladed massedvalue? t/aea�''�lProDartY: �(�� Personal Property, What bthe NxgeTnumaerfu Nb prolMi ' / _ () Cl Whatlsthedxdlgh NA¢Stode7 _ Please attach a Googlemap and sheet viewofthetocadom Pease uncle amoun cursor an persona prape taxes oald for the last five ears when a lhable. Real PropertVTaxmnn Personal Property Taxes; Year One YearTwo I� 0 11)5OJ%/,CO rttn` oC Gp �C...Cr iJ•1,. /lO Year three ✓�Q /I' Year Four f Y (al V2— 0 1 1 Year Five 17 i Please fill cut the following Public Benefit Summary Information and add to total from above. - Qualify YorN Earned Points Available Points 1908 W Sample St, South Bend, IN 46619 Directions, Location and Map I MapQuest Page 1 of I M mapaualSee' Map of. 1908 W Sample St South Bend, IN 46619 Notes 02014 MapQuest, Inc. Use of directions and maps is subject to the MapQuest Terms of Use We make no guarantee of the accuracy of their content, maA condNOns or route usability. You assume all nsk of use. Yew Terms of Use hff�. /hint .. monnsiuc+ nnrr /r r n47a —ann rnrn ah'A')7QSQhr'fAA';A AO6AQd7h 1/11 /7()1 d Page 1 of 1 Fla•/// �'•/ �T�a,• �/ Irhahn/ AnnTlata/ fnral/ AiTirrnenft/ WinAnws /Temnnrary %20Tntnrnet %2(1File.. 't /il /201d 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 515 WEST IRELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 515 West Ireland Road, South Bend, Indiana, and which is more particularly described as follows: A parcel of land located in the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of Section Twenty -Six (26), Township Thirty-Seven (37) North, Range Two (02) East of the Second (2nd) Principal Meridian and all being in Center Township, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the southeast corner of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26); thence South 90'00'00" West (Bearing derived from description shown in Title Commitment 9501843 ) as issued by St. Joseph Title Corp.), along the south line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26) and also being along the centerline of a public road now known as Ireland Road, a distance of 400.00 feet; thence North 01 °30'47" East, parallel with and 400.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of said Section Twenty -Six (26), a distance of 40.01 feet to the Point of Beginning of this description, said point of beginning being on the north right of way line of said Ireland Road and also being the southwest comer of a parcel conveyed to Roger R. Atwell and Eleanor Atwell as described in Quit Claim Deed No. 9416618; thence South 90° 00'00" West, along said north right of way line of Ireland Road and. being parallel with and 40.00 feet north of the south line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26), a distance of 891.36 feet to a point on the west line of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26) and also being the southeast corner of a parcel conveyed to Louanne Osborne as described in Warranty Deed 9326881; thence North 00 °58'55" East, along the west line of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26) and also being along the east line of said parcel conveyed to Louanne Osborne and also along the east line of a parcel conveyed to Transit Mix, Inc. as described in Warranty Deed 9018257, a distance of 955.26 feet to a point which is South 00 058'55" West -- 314.00 feet from a stone found at the northwest corner of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26); thence North 89 °42'44" East, along the south line of two (02) parcels conveyed to Miles Laboratories, Inc. as described in Warranty Deed 7903212 and Warranty Deed 8501215, a distance of 1270.41 feet to a point on the west right of way line of a public street now known as Lafayette Street; thence South 01 °30'47" West, along said west right of way line of Lafayette Street and being parallel with and 30.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26), a distance of 602.05 feet to the northeast corner of a parcel conveyed to Arthur Fontonelli and as described in Warranty Deed 9335926; thence South 90 °00'00" West, along the north line of said parcel conveyed to Arthur Fontonelli and also being along the north line of a parcel conveyed to Arthur Fontonelli as described in Corporate Warranty Deed 9335926, a distance of 370.00 feet to the northwest corner of said parcel conveyed to Arthur Fontonelli; thence South 0 1 030'47" West, along the west line of said parcel conveyed to Arthur Fontonelli, a distance of 360.00 feet to the Point of Beginning of this description. and which has Key Number 023 - 1013 -0758 a/k/a 71- 08 -26- 200 - 014.000 -002, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1- 12.1 et sue., and South Bend Municipal Code Sections 2 -76 et M., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et sue., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code § 6- 1.1- 12.1 -4.5 et seg., that: a. the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing euuipment: M.1.I e. the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits and Petition for Tax Incentives completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17; provided however, the Petitioner may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6- 1.1 -45 for the same property. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. n , ( Qr-� Member of the Common CouncA Sfgntng of this bit OpPolulty for p t -; ; @lv i,lg and Goanoil aMojq on tYS+osue, PRESENTED . T401 WMO.VE® 200PTW Filed in CierWs Offl( .. I , JOHN >lOORDE CITY CLERK, SOUTH SENn, 3 9 i 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 515 WEST IRELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A REAL PROPERTY TAX ABATEMENT FOR UP TO 7 YEARS LOCK JOINT TUBE, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 515 West Ireland Road, South Bend, Indiana, and which is more particularly as follows: A parcel of land located in the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 114) of Section Twenty -Six (26), Township Thirty -Seven (37) North, Range Two (02) East of the Second (2nd) Principal Meridian and all being in Center Township, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the southeast corner of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26); thence South 90'00'00" West (Bearing derived from description shown in Title Commitment 9501843 ) as issued by St. Joseph Title Corp.), along the south line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26) and also being along the centerline of a public road now known as Ireland Road, a distance of 400.00 feet; thence North 01 °30'47" East, parallel with and 400.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of said Section Twenty -Six (26), a distance of 40.01 feet to the Point of Beginning of this description, said point of beginning being on the north right of way line of said Ireland Road and also being the southwest corner of a parcel conveyed to Roger R. Atwell and Eleanor Atwell as described in Quit Claim Deed No. 9416618; thence South 90° 00'00" West, along said north right of way line of Ireland Road and being parallel with and 40.00 feet north of the south line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of said Section Twenty -Six (26), a distance of 891.36 feet to a point on the west line of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26) and also being the southeast comer of a parcel conveyed to Louanne Osborne as described in Warranty Deed 9326881; thence North 00 °58'55" East, along the west line of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26) and also being along the east line of said parcel conveyed to Louanne Osborne and also along the east line of a parcel conveyed to Transit Mix, Inc. as described in Warranty Deed 9018257, a distance of 955.26 feet to a point which is South 00 °58'55" West -- 314.00 feet from a stone found at the northwest comer of the Southeast Quarter (S.E.1 /4) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26); thence North 89 °4244" East, along the south line of two (02) parcels conveyed to Miles Laboratories, Inc. as described in Warranty Deed 7903212 and Warranty Deed 8501215, a distance of 1270.41 feet to a point on the west right of way line of a public street now known as Lafayette Street; thence South 01°30'47" West, along said west right of way line of Lafayette Street and being parallel with and 30.00 feet west of the east line of the Southeast Quarter (S.E. 114) of the Northeast Quarter (N.E.1 /4) of said Section Twenty -Six (26), a distance of 602.05 feet to the northeast corner of a parcel conveyed to Arthur Fontonelli and as described in Warranty Deed 9335926; thence South 90 100100" West, along the north line of said parcel conveyed to Arthur Fontonelli and also being along the north line of a parcel conveyed to Arthur Fontonelli as described in Corporate Warranty Deed 9335926, a distance of 370.00 feet to the northwest corner of said parcel conveyed to Arthur Fontonelli; thence South 0 1'30'47" West, along the west line of said parcel conveyed to Arthur Fontonelli, a distance of 360.00 feet to the Point of Beginning of this description. and which has Key Number 023 - 1013 -0758 a/k/a 71- 08 -26- 200 - 014.000 -002, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1- 12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seg., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Tax Incentives and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et sue., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits and Petition for Tax Incentives and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council... SECTION VI. The Common Council 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 VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to seven (7) years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. :'%:.S�NTeiY. NOT XPPRO.VE@ ADOPTEWO." itsd in Cierrk`s fla gg) ' —'---1 Member of the Common Council signing R{�1ngy ning _ f 9 t��ng aad JQruh °r`i:)(9h".i'$t.�. CITY CLERK, S`J` U iPi UENC, m4 /s� ,,t, VY:IIIYM aG�t3il 0i3 tai S3 ESilA4�) ,.• -' 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT March 10, 2014 SCOTT FORD, EXECUTIVE DIRECTOR Council Member, Chairperson Gavin Ferlic Community Investment Committee South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 PHONE: 574 /235 -9371 FAx:574/235 -9021 RE: Personal Property Tax Abatement Petition and Real Property Tax Abatement Petition for: Lock Joint Tube, LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a personal property tax abatement petition and a real property tax abatement petition for the above - referenced petitioner. Also attached are copies of the petition, Statement of Benefits forms, and supporting information. The project calls for the acquisition and installation of new equipment as part of the company's planned increase in productive capacity in its facility located at 515 West Ireland Road. The company also plans to construct an addition on the present building. The report contains the Department's findings relative to the above petitions. Lock Joint Tube will be purchasing and installing new manufacturing equipment. The total project cost for the equipment is estimated between $3.5 and $4.0 million. The project meets the qualifications for a (5) five -year personal property tax abatement. With the real property improvements, the Company will qualify for a five to seven year real property tax abatement depending on their selection of contractors. A representative from Lock Joint Tube will be available to meet with the Committee on Monday, March 24, 2014. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9339. Sincerg�l� Broceeb Director Economic esources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JmN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN PHONE: 574/235 -9371 FAX: 574/235 -9021 SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION AND REAL PROPERTY TAX ABATEMENT PETITION FOR: LOCK JOINT TUBE, LLC, 515 WEST IRELAND ROAD DATE: March 10, 2014 On March 10, 2014, petitions for personal property tax abatement and real property tax abatement consideration for property located at 515 West Ireland Road were filed with the City Clerk by Attorney Richard Deahl, agent for Lock Joint Tube, LLC. Pursuant to Chapter 2, Article 6, Section 2 -77 of the Municipal Code of the City of South Bend, these petitions were referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petitions (copies of which are attached), investigated the area, and makes the following combined report. PROJECT SUMMARY Lock Joint Tube LLC manufactures mechanical and structural grade steel tubing in Indiana and other states for use in various industries including automotive, recreational vehicle, office/furniture, healthcare, and construction. The company will invest $3.5 in the purchase and installation of new manufacturing, information technology, and logistical distribution equipment to expand its production capabilities at its Ireland Road facility. They will install high speed saws and a galvanizing line which will expand the South Bend Lock Joint Tube facilities product line. Total taxes abated during the five -year abatement are $32,224. The taxes paid are $900,248. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JmN KAIN PAMELA C. MEYER CHRIS RELDNG DONALD E. INKS South Bend Common Council RE: Tax Abatements for Lock Joint Tube, LLC March 10, 2014 Page 2 Lock Joint Tube LLC will construct a new 30,000 square foot addition for additional manufacturing, storage, and shipping space. These real property investments will cost between $1.1 million. Please note that the contractor information (on the real estate petition) is largely unknown at this time. Based on the preliminary information, Lock Joint Tube LLC should qualify for a five to seven year real property tax abatement. The qualified term will be known prior to the confirming resolution date. Based on a project cost of $1.1 million with a five or seven year term, the taxes abated would range from $108,959 to $137,338 based on the approved term. The taxes paid will range from $794,427 to $1,127,402. EMPLOYMENT IMPACT Per the petitions, it is estimated that the projects will create six to eight new, permanent, full -rime jobs within the first year of production representing a payroll of $189,000 to $251,000; and the projects will maintain one hundred ninety -three (193) existing, permanent full -time and no existing, part-time jobs representing an annual payroll of approximately $10,300,000. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has been granted or associated with (5) five previous tax abatements. Term /Typ e Resolution No. Date 5 -year personal property 4186 -12 05/29/12 5 -year real property 4187 -12 05/29/12 5 -year personal property 3621 -06 08/14/06 5 -year personal property 3308 -04 03/08/04 10 -year real property 2952 -00 11/27/00 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the South Side Economic Development Area. 5. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. The real property project will qualify for a five to seven real property tax abatement pending further information on the contractors. LU W LO o e N ^ O 0 0 a a m N N MN ml N�SOr xa ZF- lN'1 In W tO'I N } �O�pp �O Of f0 N � fA t0 �Ilryll f� t� K U 7NN N 0 04 0O<� O M If�tp V N N a e s a 'OOOOO o W O W NN O xa ZF- C V d N 00.- M fON V fONa M a.l Neap V t0 cc U N MO0° � N o r U 0O<� O M If�tp V N N d O O N O W cOC� MM N z x C] V h e o MI N NO r00 On i0 ONE NNaaD �d N d d'NaNT aci O) y NI NNNN r U X m } V N W~ N N N N 06 C; 0 O_ Q MOI�M.- a W NMN ° .N -NaOD _ M ? 't v >U a d y d y Q EHa Z a o° Y m y x , 5 ^y HUW > N y y N y O m N d y m a m U 1> 2 m d x x x y N a C N N d x U m win d y E Q d y y .xN. tm� F@- aayz a`� NCZ °UOU d F ._ m t y y N O N 2 Um� Q 0 U XI NONE V V W RNOMi_ O v N N O O 1� h O � O Nryy�a M a�(D O 0 m �OO I � r U N MO0° � N o r U 0O<� O M O O 7 d O O N N MM N z x C] V h 3 �d aci O) y NI NNNN r U X m L•a Cl a W~ N N N N M « d ° _ o 't v •O y G 0 V C W 8o `ml Mvin son d a N N N N N a~ V d m Q C x O O o O L O N N M N T N C N C M M O U y N L O E « N d N 2 N 6 >U a d y d y Q EHa Z a o° Y m y x , 5 ^y HUW > N y y N y O m N d y m a m U 1> 2 m d x x x y N a C N N d x U m win d y E Q d y y .xN. tm� F@- aayz a`� NCZ °UOU d F ._ m t y y N O N 2 Um� Q 0 U O v O a v O e o o � O (ND Cl) O XI NONE V V W RNOMi_ CZ 00.-R v N N O O 1� h O N ENO) pV1 0 m �OO I � r O NI � N o r U O K N �nn<o inv W O v O a v O e o o � O (ND Cl) O v X O O 1� h O N Z m pV1 O NI MNCO a-O> O K N �nn<o inv o M N z x t� �d O) y NI NNNN r U X m m Cl a W~ N N N N M « d ° c my y G C W 8o `ml Mvin son d } N N N N N N> y (I IL a y y O N N F T N C N O � v � U y N O E « 6 ca a y C d ,moo a y N T v'« m E � y j y _ � 3 CNOm ^'N ail tpp� N W. �aO t8h M�NO� th (i to W t(t(+Oi(7� }17 m10 1(q ^M C NA C yMj N N K V dI M tq (q N 8 c (i (wD. (N W } n 0 M q O M r O R M (D O m (A N V N A r NN. -'of e M O N m w O O w M N a N N w w w O r w N M O n N X Z f0 A ' W N w y MlnmO M wCi w MNM F' � �O M st }M((R(pOM cl r o N 0 (n N M o N N (O (O m M (O m w N c D M Y(0 I O mO M M (m A D r NM O (r M M O < M(r(O GwO mr (w 6 M g N N N N d C Q N n 0 0 O w i 0 0 o N O N (p m (O 8j 3 y r r r n r t D NM m O'.0 V a�0 CZ NI tnp (rD (n0 (rD (nD m �_ N W O jai 3 NO Ma M(rD(r0 M N r r�� O m~ aODwOODm O C �-NM NNNN 0.9 m M N N jJ p X W = w W W y O OQ cov�o (n o d o(o w o (n Mwr in rr comer 3 v �+ d d mm mmm n Q X t_, E M(A w M OMV7 win M Mw d Z'� NN NN" > O N C f^ _NNO w 3� ?MO 0 -O dF- nnnnn N N ry (b m M (r0 N N o w ate- M w m m m m m w O m Q N N V = X � Q d w< « M M C N O V N a O O M CIF ci a U10 O M M M N N M� w aMO W~ ww w www r x$ S < V N N C w oCo N U O M y o N I n d dl E? d v E Z (9 O O w 0 V N o m(ai N Y ` E c m FU lu D �? ' m > N 6 > y C d C j O ow O !0 N d d> (n .- -6'0 m° E E m N N N l-.L CN N X ) U_n (8i < Z � m3Z mUOU _N m �E Q c << w U oil E O y y H- N N d O YOfmn �'? <fMOn <NA 0 i% q� N R ~ c d d @Y Gryd U_Y Lo V Z M(DM� i0 N _Z aEUZ mUOU W r � � 6 (Q7 U 8NtNpyp�<p N �t?N Mpapp� �p{r��p N(O Y N f0 (AAD N l+Ml OJ O1� Cp'jlQn M(O f�N Id {yan N N V tey�OMMN Q yIm NONi_T a M VMtOy) {app M{N� ONQ tp7�00 M�D�M b N e V I �SmON h yMhtON Vf M ^IdM 00 1p�m M1�0 Y M ��h COJdNM O 'N1� WWO bON M am WM ZF� O�Jm OOnNiN O .M Y MO M N O O O' C6 ,6 t!V- ] M O' l C r tO C C! O O � NN�th d m a 4Q °vr Slo Iqmm n morn mono my Nmuri m thhOr O t? MOM ~ N ON ON iO NOJM M Q O~ YNtnONr �My P V �m Q v`Oi .ri�rnn CfV m �.�. NNNN �O r .% Y nN � C C O a n00 °rn 0 �OMtO °o o NON o o w. 9 >+ d dZ nnrrnnn O a N m h nv`di_voi_Mm >I N �on� .qaM C K n nnn rnr (G R IQ Io m.c Iq o n C N O Q O n 0 M N N a 2 E M~ N ro OMB MfO fOM M OOi M ta0 N NM NNNN U c J N o 0 2 o % ti OCOmOm i0 NNN mgr dd 'NNfVNN^ fO O dNtO t M 0 NNa7 'MM O)OI Oi OITO)Oa n O a Q N N Y d m IX 0 0 mm py� td�1�� C+�I MMMtp oJmM O y t ~IM m JAN M �N 1A N0M Odd d VC<QOOp Nom MId NM fail m (V UQC4 -6 NMM OiVM (OHO %1- W MMMMl7mw Mc0 [O OJ M(Om C COJ N N N N j J V —NMdmol Y E 0 c o g p e e O O N p T¢ O N W Y u d E o x t d J N FVW d J N N d O d V O J V 0 i% q� N R ~ c d d @Y Gryd U_Y Lo V Z _Z aEUZ mUOU W r � � 6 (Q7 U City of South Bend a.��Td• Petition for Incentives , Petition must Include a $250 filing fee payable to the City Clerk' OJJlce before processing con be complete 1•u General Information Project Name LOCK JOINT TUBE Legal name as registered with Secretary of LOCK JOINT TUBE LLC Istate eudneustrvcture Indiana limited liability company Companywebshe www.ljtube.com .Proposed Project Information taddres! 515 West Ireland Road Parent company name Pry, City, Stara, tip State, South Bend, Indiana 46614 Legalowner Site acreage or acreage required Existing Site( -20.56 Acres) "the real estate owned or Owned Square feet of facility P, rimary Contact Information - 30, OOOSFAddhionto288 ,000SFBIdg.lfleamdbywhcm N/A Primarycompany contact name Robed Slrzelecki Title Controllor Address of company contact 515 West Ireland Road Phone (574) 299 -3455 City, State, Zip South Bend, Indiana 46614 Email strzeleckib@Ijtube.com e senior offTitle (Same as above) of company conta4 (if tllHerent Irom Phone ;A�dd, e, ZIP Email inessconsultant /agent name Richard Deahi/ Barnes &Thornburg LLP Consultant release (YIN) Counsel (yes) Address 100 N. Michigan Street, Suite 700 Local economic development partners a roval hl [Iry, State, Zip South Bend, Indiana 46601 Email rdeahl @btlaw.com . e . Brief company, project, and why the company, project, and Lock Joint Tube, LLC (the "Company' or "PetitionW) manufacturers mechanical act structural grade steel tubing in Indiana property Is necessary for (and other states) for use In various Industries, including (among automotive, recreational vehicle, office/furniture, invest healthcare and construction. The proposed project includes new investment of approximately: economk growth (a) $1.1 MM - $1.5MM in a building addition/expansion containing approximately 30,000 square feet to be used for additional manufacturing space (and to facilitate the reconfiguration of storage and shipping areas) at the Companies main facility on W. Ireland Road, and (b) $3.5MM- $4.00MM in new manufacturing equipment and new logistical distribution equipment to increase the Company's production capabilities and efficiencies. The Company's proposed investment supports the Company's continued expansion of the types of products it can produce and deliver to customers, its overall capabilities and its competitive posi0on within the steel tubing market. Certl0ed Technology Park appropriate N/A Community Revitalization Enhancement District N/A Gerrity that the Building Permit has not been Yes (Not Issued) Number of residential units matedW WA Ifthis 4 a petition for personal property tax abatement has the equipment been installed No Investment Details Public lnfrastrvaure needs (OH- site of project in dollars) Has any Sao funding been received? What is the value ofanyequipment being put asedin What is the value of any equipment being Indiana for the project? purchased from out of state for the projett7 N/A No Majority of Equipment to be Sourced from Italy $3.5MM+ Calendar Year lobs rttained Total hourly Cumulative NEW full time Hourly averaee wage, w/o Totaltralning Totalittobe wage w/o permanent jobs created at project benefits or bonuses, of expenditure- tralned -not fringe or cumulative net new jobs not cumulative bonuses cumulative 2014 193 (Ireland Rtl Only) $10.3MM 6 -8 Full Time $15.08 Internal All New Jobs 2015 Payroll( -$189k -$251 k) 2016 2017 2018 2019 2020 2021 2022 2023 2024 1025 full time Part time Laborers - 6 -8 Full Time Technical Managerial Administrative - o will be Me individual responsi a or eoor mating WorkOne on recrula 7 Tony Veger, Human Resources for Lock Joint Tube Does your company have an EEO hiring policy] Yes Are you an EEO employer] Yes Please describe your wmmkment to the last . three years diversity and inclusion by detailing your Year 2013 2012 outreach and renu8ment eHOrts farthelast 2011 three years as well as current policies. Fulinme Part nme Full Time Part nme full Time Part nme Black 22 - 17 - Hispanic 10 - 10 - 6 - Asian 2 2 2 - Indian - - - - - - Female 46 _ 40 - 25 - Other 1 What is the current assessed value? Real Property: Personal Property: �n 3,Y�// O What is the projected assessed value? Real Pro a p M'• 3 0 oO Personal Property; What Is the tax key number for this projen? d 0Z3 -IO 2S -lye What is the six digit NAICS code? 33', zoo Please anach a Gough, map and street view of the location. . please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year one b$, z3�• 4� I25'1 R9 2.a8 Year Two yb Year Three I2.3? So R 1 06 `35.57, Year Four 1 1 q ' f1ZG' o � , 5&3.66 Year Five 129 iS /q. /$ Riz.Nl Please fill out the following Public Benefit Summary Information and add to total from above. Y orN Points Points Public Benefit Item: Proiect Related• 5 A. lRedevelop a Site that has Special Needs No 0 49 B. Develop Based on Local University Research No 0 35 C. JAchieve a Physical Element of a Plan No 0 36 Sub -total Project Related: 0 120 6 Super Size Projects (mint values a mul tiv i• A. 1100% to 199% Yes 25 25 B. 1200% to 299% Yes 68 68 C. 300% to 399% Yes 65 65 D. 400% and Over No 0 52 Sub -total Super Size Projects: 158 210 7 Pay for Municipal Infrastructure, A. Pay for Oversizing or Upgrading No 0 14 B. Pay for 26 -50 %of Extension Cost No 0 26 C. Pay for 51-75% of Extension Cost No 0 39 D. Pay for 76- 100% of Extension Cost No 0 52 Sub -total Infrastructure Related: 0 131 Total from Applicant Section: 246 539 Total from Staff Section: 158 461 Total Public Benefit Points: 1 The undersigned owner(s) of real property, located within the City of south Bend, herby petition the Common Council of the City of South Bend for a real and /or personal property tax abatement consideration and pursuant to I.C., 6.1.1-12.1 -1, et sep., and South Bend Municipal Code Sec. 2 -76 et seg., for this petition state the above. .11 Tor Aeal or Personal Property ncen Ives; Public Benefit Item: Information Is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate Information. If you qualify for the points, please enter the full amount of available Qualify (Y es or No) - Earned Points Available Points points. 1 Construction Related (contractors): A. Employ Local Companies (75 %) To Bid 20 B. Purchase Materials from Local Companies (75 %) Yes 20 20 C. Require Employees vs. Independent Contractors Yes 19 19 D. Require Prevailing Wage (Davis Bacon) TBD 22 E. Require Health Benefits TBD 22 F. Require Pension Benefits TBD 18 G. Maintain Affirmative Action Plan TBD 20 Sub -total Construction Related: 39 141 2 Waee & Benefit Related (Owner. A. Pay Target Wage Levels Yes 33 33 B. Provide Health Benefits Yes 34 34 C. Provide Pension Benefits Yes 29 29 D. Provide Training Yes 28 28 E. Provide Child Care No 0 15 F. Provide Transportation Assistance No 0 14 G. Provide Employer Assisted Housing program, No 0 9 Sub-total Wage & Benefit Related: 124 162 3 Workforce Related: A. Create New Jobs Yes 42 42 B. Retain Existing Jobs Yes 41 41 C. Maintain Affirmative Action Plan No 0 35 D. Provide Targeted Hiring Preference No 0 34 Sub-total Workforce Related: - 83 152 4 Support a Municipal Facility: A Support zoo, a 5B Municipal Facility (donations to the conservatory, museum, etc.) 84 Name of Facility Sub -total Municipal Facility: 84 Sub -total from Above: 246 539 The undersigned owner(s) of real property, located within the City of south Bend, herby petition the Common Council of the City of South Bend for a real and /or personal property tax abatement consideration and pursuant to I.C., 6.1.1-12.1 -1, et sep., and South Bend Municipal Code Sec. 2 -76 et seg., for this petition state the above. >�m� 1) How do I pay my petition filing fee? Yourpetition fllingfee can be paid either in person or via mail to: City Clerk's Office Attn: Deputy City Clerk 227 West Jefferson Blvd.. Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If yourproperty is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) The map below outlines the CRED area, please check to see if you fall within the boundaries. 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that comefrom the Small Business Administration. Thisfunding must be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount ofpeople that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document please contact Sarah Heintzelman in the Department of Community Investment at 574. 235.5842 or email at sheintzerasouthbendin. gov .4 E E CREe_D_District Boundary FoM Dunham Fuller 3 Tutl lml Gample Kart Oh.o E LL 3 Quo IgnlYOn Sind 3 2 � 9roaEway Em Legend $ N S QCREaD Di"a Fd t ° Y V Intla+aX t+ E Nlliene Eoulh BenC Pucels N 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that comefrom the Small Business Administration. Thisfunding must be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount ofpeople that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document please contact Sarah Heintzelman in the Department of Community Investment at 574. 235.5842 or email at sheintzerasouthbendin. gov .4 E �• - °'^ STATEMENT OF BENEFITS x PERSONAL PROPERTY FORM SB-1 1 PP t Stale Form 51764 (R3 / 12 -13) } A, r1 t a' Prescribed by the Department of Local Government Finance 1 l ;nfj i1 L{' S PRIVACY NOTICE i r Any information concerning the c of the property and specific post fic salaries paid f - i to individual employees by the properly owner is confidential per IC 6- 1.142.1 -5.1. INSTRUCTIONS .. y, 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 a person installs the new manufacturing equipment and /or research and development equipment and/or logistical distribution equipment and /or information technology equipment for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the installation of qualifying abatable equipment for which the person desires to claim a deduction. 3. To obtain a deduction, a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103 -ERA) with the township assessor of the township where the property is situated or with the county assessor if there is no township assessor for the township. The 103 -ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and /or research and development equipment and /or logistical distribution equipment and /or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a riling extension must rile the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved, must submit Form CF -1 /PP annually to show compliance with the Statement of Benefits. (IC 6 -1.1- 12.1 -5.6) 5. Fora Form SB -1 1PP that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB -11PP that is approved poor to July 1, 2013, the abatement schedule approved by the designating body remains in effect. (IC 6- 1.1- 12.1.17) Name of taxpayer Name of contact person Lock Joint Tube LLC Robert Strzelecki, Controller Address of taxpayer (number and street, city, state, and ZIP code) Telephone number 515 West Ireland Road. South Bend, Indiana 46614 ( 574 ) pqq -q irr Name of designating body Cnmmnn r.nnnr•.il of (.h,, of 9dnnth P.nA number (s) Location of property County DLGF taxing district number 515 West Ireland Road. South Bend. Indiana 46614 St. Joseph 026 !SB- Portadel Description of manufacturing equipment and /or research and development equipment and /or logistical distribution equipment and /or information technology equipment. ESTIMATED START DATE COMPLETION DATE (Use additional sheets if necessary.) Proposed installation of new manucturing and /or logistical distribution equipment used in Manufacturing Equipment the manufacture of steel tubing and related products having an original cost in excess of 11/0112014 11/01/2015 $3,300,000. R & D Equipment Logist Dist Equipment 11)01/2014 11/01/2015 IT Equipment • • • • • •• -• •• -• Current number Salaries Number retained Salaries Number additional Salaries 193 - 10.3MM 193- $10.3MM 1 6 -8 - $189k -$251k • IN • • • • • •••• • ••• NOTE: Pursuant to IC 6- 1.1- 12.1 -5.1 (d) (2) the MANUFACTURING EQUIPMENT R & D EQUIPMENT LOGIST DIST IT EQUIPMENT COST of the property iS confidential. EQUIPMENT COST ASSESSED COST ASSESSED COST ASSESSED ASSESSED VALUE VALUE VALUE COST VALUE Current values $12.2 $3.40 Plus estimated values of proposed project 1,000,000.00 Re 16 300,000.00 a 16 Less values of any property being replaced N A N A N A A Net estimated values upon completion of project $15.2 Re 16 00, 000 eg 16 Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits: I hereby certify that the representations in this statement are true. Si atur of a o' ed repr nl Date signed (month, day, year) March , 2014 Printed name of authorized re nlative Title Robert Strzelecki - Controller Page 1 of 2 We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1- 12.1 -2.5, provides for the following limitations as authorized under IC 6 -1.1. 12.1 -2. 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 . Installation of new manufacturing equipment; ❑ Yes ❑ No 2 . Installation of new research and development equipment; ❑ Yes ❑ No 3 . Installation of new logistical distribution equipment. []Yes ❑ N o 4. Installation of new information technology equipment; []Yes ❑ No C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of D. The amount of deduction applicable to new research and development equipment is limited to $ cost with an assessed value of E. The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an assessed value of F. The amount of deduction applicable to new information technology equipment is limited to $ cost with an assessed value of G. Other limitations or conditions H. The deduction for new manufacturing equipment and /or new research and development equipment and /or new logistical distribution equipment and /or new information technology equipment installed and first claimed eligible for deduction is allowed for: ❑ Year 1 ❑ Year 2 ❑ Year 3 ❑ Year 4 ❑ Year 5 (see below') ❑ Year 6 ❑ Year 7 ❑ Year 8 ❑ Year 9 ❑ Year 10 I. For a Statement of Benefits approved after June 30, 2013, did this designating body adopt an abatement schedule per IC 6-1.1- 12.1 -17? El Yes ❑No If yes, attach a copy of the abatement schedule to this form. If no, the designating body is required to establish an abatement schedule before the deduction can be determined. Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved by: (signature and title of authorized member of designaling body) Printed name by: (signature number body name of attester Date signed (month, day, year) ' If the designating body limits the time period during which an area is an economic revitalization area, that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6- 1.1- 12.1 -17. IC 6 -1.1- 12.1.17 Abatement schedules Sec. 17. (a) A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: (1) The total amount of the taxpayers investment in real and personal property. (2) The number of new full -time equivalent jobs created. (3) The average wage of the new employees compared to the state minimum wage. (4) The infrastructure requirements for the taxpayer's investment. (b) This subsection applies to a statement of benefits approved after June 30, 2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten (10) years. (c) An abatement schedule approved for a particular taxpayer before July 1, 2013, remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Page 2 of 2 STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS 1` Stale Form 51767 IRS 112 -13) Prescribed by the Department of Local Government Finance This statement is being completed for real properly that qualifies under the following Indiana Code (crack one box): © Redevelopment or rehabilitation of real estate improvements (IC 6 -1.1- 12.1 -4) O Residentially distressed area (IC 6- 1.1- 12.14.1) 20_ PAY 10_ FORM SB -1 I Real Property PRIVACY NOTICE Any informatbn conoeMrg the cost oftheprops,y andspeeocyyiricsalaries prodppeny caner, 6 conic serial by PC 6-1.1- 12.1 -5.1. INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public heating if me designating body requires information from the applicant in making its decision about whether to designate an Economic RevitalizadionArea. Otherwise, this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of 0e redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction, a Form 322/RE must be filed with the County Auditor before May 101n the yearin which the addition to assessed valuation Is made or not later than thirty (30) days after the assessment notice Is mailed to the property owner if it was mailed afferApril 10. A property owner who /ailed to file a deduction application within the prescribed deadline may file an application between March 1 and May 10 of a subsequenryeer. 4. A ptoperty owner who riles for the deduction must provide the County Auditor and designating body with a Form CFI/Real Propedy The Form CF-1 1Ree1 Property should be attached to the Form 3221RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. IC 6 -1.1- 121- 5.1(b) 5. For a Form SS -7 /Real Property that is approved after June 30. 2013, the designating body is required to establish an abatement schedule for each deduction allowed. Fora Form SB -1 /Real Property that /s approved prior to July 1, 2013, the abatement schedule approved by the desggnsfing body remains in effect. IC 5.1.1- 12.1 -17 Page 1 of 2 Name of taxpayer Lock Joint Tube LLC Address of taxpayer (numbsrand street, city, state, and ZlPcods) 515 West Ireland Road, South Bend, Indiana 46614 j Nanm, ofcontaetpercon Telephonenumber E-manaddmss Robert Strzeleckt;Controller ( 574 ) 299 -3455 I stizeleck1balltube,com PiI FA91-5-1 16NE.Imuffiii Nam of dosig mlirg body Resolution number Common Council of City of South Bend _ Location of properly County DLGF Wring dIsIr¢I number 515 West Ireland Road; South Bend, Indiana 46614 St. Joseph 026 Desorption o rupl prop. lmpovamenls.red"ebpmon4 or rshninamionfuso adr4ttwor wools ra necessary) EstMated start date(mooth, day, year) Proposed investment of between $1.1 and $1.5 million to construct a new building additiontexpansion of 04/01/2014 – 30,000 square feet, to be used for manufacturing purposes as well as to facilite the reconfiguration of certain operations within Lock Joint Tube's facility on West Ireland Road. comps Estimated compWlion dale (month, day, year) 04101/2015 Current number Salaries Number retained salaries Number additional Salaries • • • • •• • ••• REAL ESTATE I3�23 VEMENTS COST SED VALUE Current values 2,302.300+/— 00 Plus estimated values of proposed project 1,100.000 PO2, Liss values of an roped being replaced N/A Net estima ted values uponcompleltono (project 3.402,300+/— Det. Udder Re�. 17 • A zlUfi • • F Estimated solid waste converted (pounds) Estimated hazard6u3 waste- Orivladed (pounds) - O(herbenefls _,- V 1. t . CERTIFICATION, I hereby certify that the representations in this statement are true. si "'t eal- oiizod,Pro <stiµ) z9� Date signed(monlh,'dey, year) • 3 �s S 3-S -I Printed nom of authorized repres alive Trua Robert Strzelecki Controller Page 1 of 2 DR USE OF THE DESIGNATING Ror We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed under IC 6 -1.1 -12.1, provides for the following 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 C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. Number of years allowed: ❑ Year 1 ❑ Year 2 ❑ Year 3 ❑ Year 4 ❑ Year 5 (*see below) ❑ Year 6 ❑ Year 7 ❑ Year 8 ❑ Year 9 ❑ Year 10 F. For a statement of benefits approved after June 30, 2013, did this designating body adopt an abatement schedule per IC 6- 1.1- 12.1 -17? ❑ Yes ❑ No If yes, attach a copy of the abatement schedule to this form. If no, the designating body is required to establish an abatement schedule before the deduction can be determined. 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) fPrI*nted name of authorized member of designating body Name of designating body ted by(signatum and title of attester) Printed nf the designating body limits the time period during which an area is an economic revitalization area, that limitation does not limit the length of time a xpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6- 1.1- 12.1 -17. A. For residentially distressed areas where the Form SBA /Real Property was approved prior to July 1, 2013, the deductions established in IC 6 -1.1- 12.1 -4 -1 remain in effect. The deduction period may not exceed five (5) years. For a Form SBA /Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten (10) years. (See IC 6- 1.1- 12.1 -17 below.) B. For the redevelopment or rehabilitation of real property where the Form SBA/Real Property was approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. For a Form SB -1 /Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. (See IC 6 -1.1- 12.1 -17 below.) IC 6- 1.1- 12.1 -17 Abatement schedules Sec. 17. (a) A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: (1) The total amount of the taxpayers investment in real and personal property. (2) The number of new full -time equivalent jobs created. (3) The average wage of the new employees compared to the state minimum wage. (4) The infrastructure requirements for the taxpayers investment. (b) This subsection applies to a statement of benefits approved after June 30, 2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten (10) years. (c) An abatement schedule approved for a particular taxpayer before July 1, 2013, remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayers statement of benefits. Page 2 of 2 / 6� po' 1/3-(y ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EASTIWEST ALLEY SOUTH OF FAIRVIEW STREET FROM THE EAST RIGHT OF WAY LINE OF KALEY STREET TO THE FIRST NORTHEASTERLY /SOUTHWESTERLY ALLEY FOR A DISTANCE OF 360 FEET MORE OR LESS 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: AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF FAIRVIEW STREET FROM THE EAST RIGHT OF WAY LINE OF KALEY STREET TO THE FIRST NORTHEASTERLY /SOUTHWESTERLY ALLEY FOR A DISTANCE OF 360 FEET MORE OR LESS, AND A WIDTH OF 14 FEET. BEING A PART OF HOMELAND ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA hereby determines that it is desirable to vacate said property. SECTION Il. 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: Lots 018 - 8109 -5473 018 - 8109 -5174 018 - 8109 -5475 018 - 8109 -5476 018 - 8109 -5468 018 - 8109 -5466 018 - 8109 -5464 018- 8109 -5472 018 - 8109 -5471 018 - 8109 -5470 018 - 8109 -5469 018 - 8109 -5467 018- 8109 -5465 Section IV. The purpose of the vacation of the real property is to consolidate the property and put a fence up to help keep the neighborhood looking nice. There are many people walking up and down the alley and throwing trash. We have had several break ins in the area too. 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. Attest: City Clerk I st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Member of the Common Coungtl Signirg di ,Lill tq 1 +�Mrm1 cour :l ZA -1,6 431 Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . M. Approved and signed by me on the o'clock . m. City Clerk day of 2 , at Mayor, City of South Bend, Indiana Filed in Clerk's Offle 1 r t 414 CITY CLEkk, lj ftl �E�i69, INd PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: B. THE STREET DESCRIBED AS: NAME (signed & printed) P �lO �7h�QZ ors �QS, ADDRESS Z-(-o 2A [—cc t w \cW 4-jz RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455- COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574- 235 -9221 13- I� S�— LOT # y °5 `tb6 CONTACT PENf (S,) NAME: 5o" f ADDRESS: '2c°2c. 1.1) ' PHONE: CS 1 7 ��p — 3 ( G'L- rC L. e, �aeb :+..�- aa:�3:�%z4waz:�ti.Y+++��, .,.,, 'b� in - �. kf�•: Ac�-Ey To Be V-4 re ti ql I L� 1r`•�I ti I I , #I t �I M. 99 -3471 ' a ° uP 77 -5440 985470 78 475469 ' p k\\ _. mo ' Y�703 -- 9G -/40e ; YCJ p\\ ylN7 9 546 ' V 44- 0" v 5 \\ 93-540 4464 a b\\ - b% ,OV\ 'i,901 Al 0 P a 79_!441 , : 80 ; 8/ '82 -5443 ' 83.5444 20.4155 84.1448 72-5456' • B5 -!446 t 75.5404 w 60 `33�ss +0 74.5458 y n S 34.55+9 73.5407 ' 20.4155 '35 5400 72-5456' n. '365401 7/4455 ' '37.5409 70 63-5428 ' 38-5405 68 67 -543/ 44 \U\ o a ' 43 ' Joe& t44 65 vva• \ � � U U\ 20.4155 46 .87--4447 ne 64.5429 \ �%�. L 88.5448 55 63-5428 „a• 00 B no 949 67��27 s o e`r• i 7 •41 � �y 0-4190 o MEADE 0 3516 6/ zzs.a oaf ���p\ 6pilS2s.o1 01f71A ..5 126 m� A -_ 2 -5512 � \a + \ 15.1 4 a.04i\ 59 aaava'b4\ 6095 .- .5x05; \ $ -3515 Ok 57 ---- -- ----- ------- /p 542: \k\ Uk\ 6\ I qk\ 4 1 v 1 0 G s3fao/A allMtd to pieog Eta/4#7ttjtty 0 131 -41,24 SI' 29-4/20 28.4/27 27.4/25 42 23.4152 ' 43 22 -4153 t44 21•4134 t 45.5410 20.4155 46 19.4130 ne no 1 ST- o 48.34/3 1 17 -4109 49 -5414 /(5 -41/0 50.5415 15 -4111 51 -5410 14 -sum 5!2- 17 13.415 53 12 -414 54.5410 n0 /1.4/15 55 10.410 sc .y 9-417 s o e_4118 7 •41 y �y 0-4190 ° 4121 z764 • 7,30 zGZr, • uL4 - ,z ILI T �r 1P L v \ ro 0 SJ1 0 J C% 1O Z" it .ti L p cs z764 • 7,30 zGZr, • uL4 - ,z ILI T �r 1P L v \ ro 0 SJ1 0 018 - 1013 - 032512 8109 sAM. -Va 3- 03 0 r � .�' - I •,. s � i v (.T � vat Ot�s.G 44u ?,- S'-SaJt J18;:109 -54a8' VV u Y oie A1'a9-5178 , M 018 -8 517�9,'0 -i-� ' S �0. ♦' '� W JJ }�)rM- 1316 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1930 Mr. Pablo Gomez 2624 Fairview Street South Bend, Indiana 46614 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 10, 2013 PHONE 574/235 -9251 FAx 574/235.9171 RE: Alley Vacation — The East/West Alley between Fairview and hvington from Kaley to the North/South Alley (Preliminary Review) Dear Mr. Gomez: The Board of Public Works, at its September 10, 2013, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, Police Department, and the Solid Waste Division. 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 Iocated 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. 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 Police Department stated there are utility poles in the alley. Area Plan states the alley does not appear to provide direct access to any of the adjacent properties and is an unimproved alley that is not in use. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley subject to a utility easement. GARY A. GILOT DAVID P. RELOs KATHRYN E. Roos MICHAEL C. MECHAM MARK W NEAL September 10, 2013 Gomez, Pablo Page 2 of 2 You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, `l Lfda M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Michael Mecham, Engineering Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 4, INDUSTRIAL DISTRICTS TO EXCLUDE USES ALREADY PERMITTED AS A PRIMARY USE FROM THE SPECIAL EXCEPTION USE SUBSECTION; AND MODIFYING ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS, TO ADD A NEW SUBSECTION RELATIVE TO THE APPLICABILITY OF THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT TO PLANNED UNIT DEVELOPMENTS. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. Any use permitted as a primary use in GI General Industrial District is allowed as a special exception use in the LI Light Industrial District. The modification eliminates any duplication of uses as both primary and special exception uses. Furthermore, in August 2011, Section 21 -06.03 was added creating the Northeast Neighborhood Development Area Overlay Zoning District (NNZO). Under the provisions for Planned Unit Developments (PUD) the petition shall specify development standards for each use proposed. The addition of this section would allow the developer of a PUD to create alternative design standards appropriate to the development proposed. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning of the South Bend Municipal Code, Article 4 Industrial Districts, Section 21 -04.01 (a) (2) Special Exception Uses, is hereby amended by modifying subsection (A) as follows: (A) Unless otherwise permitted as a Primary Use in Section 21- 04 -.01 (a) (1) above, any Any Primary Use listed in the GI District. Section H. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Overlay and Special Use Districts, Section 21 -06.03 (b) Applicability, is hereby amended by adding a new subsection (5) as follows: Planned Unit Development — As part of an application for a Planned Unit Development the applicant may proposed alternative development standards that do not adhere to the standards of the NNZO. If approved by the Common Council, these alternative development standards will control the development of the site. In the event that no alternative development standards are proposed then the standards contained within this NNZO will govern. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. „ Attest: 0L4,�- �s1 0� I j�l Member of the Common Court S,gniltg 04 VA b ,q o^i , {.t) i, otf le „ant reialnr p ^'a ry/!}urrj! 2cilt?; "t oil tiw iuzu% City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2013, at o'clock m. City Clerk Approved and signed by me on the day of 2013 at o'clock . M. Mayor of the City of South Bend, Indiana let RFADIRC 3 -2"4 ^l PUBLIC HEA.RIRPC 3 rd READING NOT APPROVED PRRED Filed in Clerk's Office. JOHN f/O/JR DE CITY CLERK, SOUTH SEND, IN 0:0 1W JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1110 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 16601 IS 71) 235 -9571 March 19, 2014 Oliver Davis, President South Bend Common Council Fourth Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend Various Sections of the South Bend Zoning Ordinance Dear Mr. Davis: Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this ordinance is to eliminate any duplicate uses listed as both a primary use and special exception use in the LI Light Industrial District and to allow PUD Planned Unit Developments to create alternate development standards when located in the Northeast Neighborhood Development Area Overlay. I am requesting that the attached ordinance be placed on the March 24, 2014 Council agenda for First Reading. The Area Plan Commission will hear this ordinance on April 15, 2014. If you have any questions, please feel free to contact me. Sincerely, !, lied In Cferl a CI71' CLFRK, SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA. & ROSELAND W W W.S. I D 5 E PH C O U N T Y IND i AN A.0 0 n EA... P i.A ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4525 SOUTHBURNETT DRIVE, SOUTHBEND, INDIANA, 46614, COUNCILMANIC DISTRICT N0. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM GI GENERAL INDUSTRIAL DISTRICT TO GB GENERAL BUSINESS DISTRICT TO OPERATE A VETERINARYHOSPITAL WITHBOARDING. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS LOT # 10 OF THE PLAT OF "BURNETT INDUSTRIAL PARK" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 1.28 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as GB General Business District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council r�,,s3 n u y r�i rer4yidQ an (a �yp9 �i 4iv 6%5Id l only t. i 443iY li'i ,0: 2 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 1 20_, at o'clock m. City Clerk Approved and signed by me on the day of 20 , at o'clock m. Mayor of the City of South Bend, Indiana I st READING 3 —L�— (�} PUBI.IG HEARING 3 rd READING NOT At-a' ovo IKffRRM PA59D Filed - 3 ff €m MAR 19 2014 RD, IN MTV Urfflt;, _E ;.: PETITION FOR A COMBINED HEARING CitofSouth Bend Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 4525 South Burnett Drive, South Bend, Indiana 46614 2) The property Tax Key Number(s) is /are: Key # 1: 23 -1043 -3013 3) Name and address of property owner(s) of the petition site: Davis Traub Real Estate LLC 15621 Hidden Oaks Court Carmel, Indiana 46033 - Ph. No. E -Mail Address N/A 4) Name and address of contingent purchaser(s), if applicable: Pet Refuge 4626 Burnett Drive South Bend, Indiana 46614 574- 234 -7870 E -Mail Address N/A 5) It is desired and requested that this property be rezoned: From: GI General Industrial District To: GB General Business District 6) This rezoning is requested to allow the following use(s): Veterinary Hospital with Boarding. 7) If applicable, a detailed description and the purpose of the variance(s) being requested: The Petitioners, Davis Traub Real Estate LLC, have been the owners of the real estate at 4525 South Burnett Drive for the several years as shown in the records of the Auditor's office. They have been approached by Pet Refuge who desires to renovate the existing building into a Veterinary Hospital with Boarding that will compliment recently approved facility located just Southwest of the Petition site at 4626 Burnett Drive. Based on discussions with the Building Department and Area Plan Commission staffs, in order for the Pet Refuge to operate a Veterinary Hospital at this site, the property would be required to be Rezoned and a few Variances would be needed to use the property as shown on the attached site plan. The existing property had been used for industrial purposes in the past and is presently vacant. The proposed Veterinary Hospital with Boarding is not allowed as a permitted use in the existing GI General Industrial zoning classification. The property will require rezoning to the GB General Business District classification, which permits Veterinary Hospitals with Boarding. Once the Rezoning is initiated, the property is required to be brought up to all the developmental standards of the zoning district being requested. In this particular situation, the Rezoning necessitates that a few Variances be approved as well. Shown below are the Variances being requested for the property: a). A Variance from the requirement of providing perimeter trees at a minimum rate of one (1) over -story deciduous tree every forty (40) feet to providing no additional perimeter trees along the north, east, south and west property lines and allowed to use the existing trees to meet the intent of the Ordinance. This site is part of an old industrial park in the City and the addition of trees along the perimeter property lines adjacent to existing industrial sites would be extreme, as this type of landscaping is not needed against industrial sites. The continent purchaser would ask to keep the existing trees as they are spaced though out the site including along the street frontages of the site. The petitioners and contingent purchaser do not believe approval of this Variance would have a detrimental affect on any adjacent property. b). A Variance from the requirement of providing a minimum 24 ft. driveway to access the existing parking area to a minimum of 15.5 ft. as shown for the existing driveway. The Petitioners are requesting to be able to have a smaller than required driveway for their existing parking area. They would state that the existing driveway accessing the existing parking area was built previously for the industrial use. The closest pinch point is by the building where the driveway width is 15.5 ft., everywhere else the driveway has a width of 19.5 feet to 30 feet in the parking bay area. They would state that the Veterinary Hospital could use these existing driveways without creating any difficulties for patrons visiting the facility. They do not have the same turnover rate for cars entering and exiting the site, as would a retail use. They believe the existing driveway is quite satisfactory for their facility. The Petitioners do not believe approval of this Variance will adversely affect the surrounding properties. c). A Variance from the requirement of providing a 6 ft. wide landscape planting bed along the front fagade of the existing building to being allowed to use the existing fagade landscape beds to meet the intent of the Ordinance. The existing building does have a landscape bed along the north and east side of the building. The petitioners and contingent purchasers are asking to be allowed to continue to use these planting beds to meet the intent of the Ordinance. The contingent purchaser plans to add some new landscaping in said beds to replace any old or dying plant material. The Petitioners and contingent purchasers do not believe approval of this Variance will have negative impact on adjacent properties. 8) A statement on how each of the following standards for the granting of variances is met: The Petitioners would state that their property is located in the urban core on an old industrial site. The Petitioners believe that the reuse of the industrial site to a new use, a Veterinary Hospital with Boarding for the Pet Refuge would fit well in this industrial subdivision. The few requested Variances reflect a situation that exists for reuse of existing building sites. The building has existed for decades and pre -dates revised zoning ordinance developmental standards. The Petitioners would state that the approval of the above requested Variances will not be injurious to the public health, safety, morals and general welfare of the community. As envisioned the proposed improvements will replace landscaping on -site where none presently dead plant material exists. This will increase the public health, safety, The Petitioners would state that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The Petitioners would state that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) 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; (c) 17 site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): Davis 7)aub Real Anne LLC 15621 Hidden Oaks Court Carmel, Indiana 46033 Ph.No �3�%",5DS— 3A9i' E -Mail Address N/A PETITION PREPARED BY & CONTACT PERSON: Name: Danch, Horner & Associates, Inc. Address: 1643 Commerce Drive South Bern, Indiana 46628 574- 234 -4003 mdanch(a,danchharnercom #-,J4 IUanch, "arner 4& Associates, Inc. Land Surveyors 0 Professional Engineers Landscape Architects - Land Planners Office: (574)234-0003 / (800)594-0003 W Fax: (574)2344009 1643 Commerce Drive . South Bend, IN 46628 Honorable Members of the City of South Bend Common Council e Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for 4525 South Burnett Drive, South Bend, Indiana 46614. March 14, 2014 2;P MAR 'I 9 ZOt4 s Ins hops:/ /mail- attachment .googleusercontent.com /attachment /u /0 /s /? view =a... 1395067051034& sads= VHC9iuxgWeS9RzbDHVM5gQPeULU &sadssc =l 3117/14, 10.51 AM Page 5 of 8 morals and general welfare of the community. The Petitioners would also state that the use and value of the area adjacent to the property included in the Variances will not be affected in a substantially adverse manner. The site as proposed will maintain the existing streetscape landscaping. The proposed improvements should help to stabilize values for industrial properties adjacent to the site. The Petitioners would state that the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. 9). If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. The Petitioners have supplied a site plan to help show the proposed improvements and reflect the Requested Variances. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: N/A 11) A statement on how each of the following standards for the granting of a Special Exception is met: The Petitioners would state that the proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The Petitioners would state that the proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The Petitioners would state that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The Petitioners would state that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) 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; (c) 17 site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): Davis Traub Real Estate LLC 15621 Hidden Oaks Court Carmel, Indiana 46033 Ph. No. E -Mail Address N/A PETITION PREPARED BY & CONTACT PERSON: Name: Danch, Harner & Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574- 234 -4003 mdanch@danchharner. com FMAK 19 2014 R t Burnett 4550 S Burnett Dr South Bend, IN. 46614 Tax Key # 023 1043 3012 KLC Enterprises LLC 4520 S Burnett Dr South Bend, IN. 46614 Tax Key # 023 1043 3005 Lang Rosettolnc 63607 Pine Rd North Liberty, IN. 46554 Tax Key # 023 1043 3009 Kelko Real Estate Inc 55080 Phillips St Ekhart, IN. 46514 Tax Key # 023 1043 3015 Property Owners Within 300 Feet Davis Traub Real Estate LLC 4525 S Burnette Dr South Bend, IN. 46614 Tax Key # 023 1043 3013 Select Beverages Inc 400 N Wolf Rd Ste A Melrose Park, IL. 60164 Tax Key # 023 1043 3008 KLC Enterprises LLC 4520 S Burnett Dr South Bend, IN. 46614 Tax Key # 023 1043 300602 Elro Company LLC 1431 S Michigan South Bend, IN. 46613 Tax Key # 023 1043 300602 Updike Development LLC 3333 Independence Dr Fort Wayne, IN. 46808 Tax Key # 023 1043 3004 R -P Properties LLC 23475 St.Rd. 4 Lakeville, IN. 46536 Tax Key # 023 1043 300901 Pet Refuge Inc 2600 W.6'h St Mishawaka, IN. 46545 Tax Key # 023 1043 3014 Hoosier Spring Co.lnc. 4604 S Burnett Dr South Bend, IN. 46614 Tax Key # 023 1043 3007 I MAR 19 2014 LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS. LOT # 10 OF THE PLAT OF "BURNETT INDUSTRIAL PARK" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 1.28 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. I MAR 19 2014 � k op;- gill Jill, =II, III, 8 gNN!, Ipli ae gpI¢¢ 1X'81! pi I�iie( d9 =R aAb f!{ 66 a pIal �b€3 M11_�, i a6� gP pit @bb _ = ga pit s1 4. E�Ei) a a m7 F t vw 1 RIF giii fiER oif4fj ASEiE 8�{ e .E = AE , 1", ' b BE g. 1 9iE a` bd fib] fief fl't Eiji bi`e . WOA W I L,„ CL r- I jI I I I I� I �I I I I I I 1 3 kz, J_,1 °'i °v i r• ai eu t• :; v i`P op;- gill Jill, =II, III, 8 gNN!, Ipli ae gpI¢¢ 1X'81! pi I�iie( d9 =R aAb f!{ 66 a pIal �b€3 M11_�, i a6� gP pit @bb _ = ga pit s1 4. E�Ei) a a m7 F t vw 1 RIF giii fiER oif4fj ASEiE 8�{ e .E = AE , 1", ' b BE g. 1 9iE a` bd fib] fief fl't Eiji bi`e . WOA W I L,„ bi`e . WOA W I I I I � \ I I \I I °- g OR I I b I 1 I I .my ,tea mares•. -Q�ax 01 o 10. � ivl Vyp� �r 4Y R BURNER DRIVE BO' R - d aR 14 I Ic z I� °a m 0 EY I 8 An\ I R 33mv m� o " g f t�v= mo�i �T -'1R °wtn i�p �oH z lzJ F�� °proy H� =�z A o a N ¢ sE �} IN BB f1 e yyy yyyy S5 aa "n € i I L,„ I I I jI I I I I� I �I I I I I I 1 3 I I I I � \ I I \I I °- g OR I I b I 1 I I .my ,tea mares•. -Q�ax 01 o 10. � ivl Vyp� �r 4Y R BURNER DRIVE BO' R - d aR 14 I Ic z I� °a m 0 EY I 8 An\ I R 33mv m� o " g f t�v= mo�i �T -'1R °wtn i�p �oH z lzJ F�� °proy H� =�z A o a N ¢ sE �} IN BB f1 e yyy yyyy S5 aa "n € i Ep"Aooel Uanch, "arner 4& Associates, Inc. Land Surveyors • Landscape Architects Commerce Drive ■ Honorable Members of the City of South Bend Common Council 4°i Floor County -City Building South Bend, Indiana 46601 Professional Engineers • Land Planners M Fax• fr7AMA —AnnQ RE: Rezoning Petition for 4525 South Burnett Drive, South Bend, Indiana 46614. Dear Council Members: March 14, 2014 Our clients are requesting the approval of a Rezoning Petition for the property located at 4525 South Burnett Drive, South Bend, Indiana 46614. This requested Rezoning would allow for the approval of a Veterinary Hospital with Boarding for Pet Refuge as shown on the attached site plan. The proposed site improvements would include the renovation of the existing building and the installation of new landscaping. Our clients believe the improvements proposed for the properties would be a compatible use in the surrounding mixed use industrial park. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Hamer & Associates, Inc. a ,. F (BAR 19 2014 _, i JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY. IN 227W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, March 19, 2014 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A combined public hearing on a proposed ordinance of Cosimo Bumbaca to zone from SF2 Single Family & Two Family District to MFJ Urban Corridor Multifamily District, seeking a Special Exception Use for a group residence for up to 5 unrelated persons; and seeking the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel, property located at 837 Miner Street, City of South Bend - APC# 2698 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Cosimo Bumbaca was legally advertised on Thursday, March 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, March 18, 2014 took the following action: Upon a motion by John McNamara, being seconded by Michele Hektor and unanimously carried, a proposed ordinance of Cosimo Bumbaca to zone from SF2 Single Family & Two Family District to MF I Urban Corridor Multifamily District, property located at 837 Miner Street, City of South Bend, is sent to the Common Council with an unfavorable recommendation. The proximity of this area to the campus of the University of Notre Dame prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single- family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single- family house. Upon a motion by John McNamara, being seconded by Robert Schrock and unanimously carried, the Special Exception Use for a group residence for up to 5 unrelated persons is sent to the Common Council with an unfavorable recommendation. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, '7�u,u ohn W. Byorn' Attachment CC: Cosimo Bumbaca Frank J. Agostino, Esq. "';Awes Office p CITY CL3;i:6c i+pv SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND x s[jouphwunrylnduni onVAmMw Staff Report APC # Owner: Location: 2698 -14 Cosimo Bumbaca 837 Miner Street Jurisdiction: City of South Bend Public Hearing Date: 3/18/2014 Requested Action: ft11KII[CI The petitioner is requesting a zone change from SF2 Single Family & Two Family District to MF 1 Urban Corridor Multifamily District; a special exception use for a group residence for up to 5 unrelated persons; and seeking three variances from the development standards Land Uses and Zoning: On site: On site is a single family home with a detached garage. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east are several vacant lots and single family homes zoned SF2 Single Family and Two Family District. South: To the south is a medical office building zoned O Office District. West: To the west are single family homes zoned SF2 Single Family and Two Family District. District Uses and Development Standards: The MFI District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of: multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site Plan Description: The property is just over 4,000 square feet. The existing house covers 792 square feet and the garage is 400 square feet. Buildings cover 30% of the lot. There are two parking spaces in the garage, and two gravel parking spaces perpendicular to the driveway, accessible from Notre Dame Avenue. Variances are being requested from perimeter and foundation landscaping and paved parking. Zoning and Land Use History And Trends: This property was zoned B Residential from 1996 to 2004. Traffic and Transportation Considerations: Miner Street and Notre Dame Avenue are local streets with two lanes each. Utilities: The site is served by City utilities. Agency Comments: The Department of Community Investment gives the petition an unfavorable APC 4 2698 -14 Page 1 of 3 Staff Report 3/6/2014 recommendation. The staff received a letter from the Northeast Neighborhood Revitalization Organization, stating that at their February 12, 2014 meeting, a motion was unanimously passed to disapprove the rezoning petition. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) Objective L2.3: Ensure coordination of land uses among adjacent area - specific plans. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation /Other Plans: Northeast Neighborhood Development Area Plan (2003) places this property is located in the St. Joseph High School Redevelopment Sub -Area. The proposed zoning map identifies this area as remaining SF2 Single Family and Two Family District. 2. Current Conditions and Character: The north side of Miner Street is single family homes. The south side of Miner Street consists of a medical office building. 3. Most Desirable Use: The most desirable use is to have this area remain as single family homes. 4. Conservation of Property Values: The surrounding property values may be negatively affected. 5. Responsible Development And Growth: It is responsible development and growth to follow the land use plan that encourages single family residential uses in the designated areas. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and three variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation and either approve or deny the variances. The rezoning is from SF2 Single Family and Two Family District to MF I Urban Corridor Multifamily District. The Special Exception Use is for a group residence for up to five unrelated persons. The petitioner is also requesting the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel. APC # 2698 -14 Page 2 of 3 Staff Report 3/6/2014 State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning be sent to the Common Council with an unfavorable recommendation. Based on information available prior to the public hearing, the staff recommends that the special exception be sent to the Common Council with an unfavorable recommendation. The staff recommends approval of the perimeter landscaping and paved parking variances but denial of the foundation landscaping variance if the property is rezoned. Analysis: The proximity of this area to the campus of the University of Notre Dame prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single- family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single- family house. Requiring foundation landscaping will help to reflect a more single - family like appearance of the structure. APC # 2698 -14 Page 3 of 3 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare ofthe community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use ofthe property. Special Exception / Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. d r d a iner L d Y d a r y Miner N E A D d L Y Z Sorin z O K 0 d 3 Cedar Rezoning from: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "MFl" URBAN CORRIDOR MULTIFAMILY DISTRICT MASTER ZONING KEY SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "MU" MIXED USE DISTRICT ■ SOUTH BEND "O" OFFICE DISTRICT ®SOUTH BEND "PUD" PLANNED UNIT DEVELOPMENT is 1 inch = 100 feet APC # 2698 -14 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 837 Miner Street, South Bend, Indiana 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKS CHANGE IN ZONING FROM SINGLE FAMILY AND TWO FAMILY (SF2) TO URBAN CORRIDOR MULTI - FAMILY (MFI) WITH SPECIAL USE EXCEPTION FOR GROUP RESIDENCE TO BE USED BY STUDENTS. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot 21 Replat Of Chapaton Place be and the same is hereby established as MFI Urban Corridor Multifamily District SECTION II. That a Special Exception for group residence in a MFI Urban Corridor Multifamily zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. Approved and signed by me on the m. 1 st READING Z `Z y PUBLIC NEARING 3 rd READING NOT APPROVED REFERRED 2 PASSED day of City Clerk day of , 20 , at o'clock Mayor of the City of South Bend, Indiana _ s JOHN. V9EY+''r'o .. I CITYCLF€K,,+30U- rvBEND,m E JOHN W. SYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA ;PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, March 19, 2014 S (� g ` P3 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A combined public hearing on a proposed ordinance of Cosimo LLC and Maria B. LLC to zone from SF2 Single Family & Two Family District to MF1 Urban Corridor Multifamily District, seeking a Special Exception Use for a group residence for up to 6 unrelated persons; and seeking the following three variances: l) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel, property located at 1021 and 1023 Talbot Street, City of South Bend - APC# 2696 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Cosimo LLC and Maria B. LLC. was legally advertised on Thursday, March 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, March 18, 2014 took the following action: Upon a motion by John McNamara, being seconded by Richard Warner and unanimously carried, a proposed ordinance of Cosimo LLC and Maria B. LLC to zone from SF2 Single Family & Two Family District to MF I Urban Corridor Multifamily District, property located at 1021 and 1023 Talbot Street, City of South Bend, is sent to the Common Council with an unfavorable recommendation. The proximity of this area to the campus of the University of Notre Dame had prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals was to reduce the number of rentals and support the return to single - family home ownership. The concept for the Talbot and Duey Street blocks as offices is a long tern proposal and would require an extensive redevelopment activity of the total area. Until that occurs, single - family home ownership should be supported. Upon a motion by John McNamara, being seconded by Daniel Brewer and unanimously carried, seeking a Special Exception Use for a group residence for up to 6 unrelated persons is sent to the Common Council with an unfavorable recommendation. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be-made a Dart of this mnnrf Sincerely, ohn W. Byom Attachment Filed In 1 JSetteeF �aQY�t��, r CC: COSImOVII40. _(V.'AMAk6L1ArUCQTH SEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND xwwsposepkounrylndhnuonVAmphn Staff Report 3/6/2014 APC # 2696 -14 Owner: Cosimo LLC and Maria B. LLC. Location: 1021 and 1023 Talbot Street Jurisdiction: City of South Bend Public Hearing Date: 3/18/2014 Requested Action: The petitioner is requesting a zone change from SF2 Single Family & Two Family District to MFI Urban Corridor Multifamily District; a special exception use for a group residence for up to 6 unrelated persons; and seeking three variances from the development standards. Land Uses and Zoning: On site: On site is a single family home and detached garage. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east are single family homes zoned SF2 Single Family and Two Family District. South: To the south are single family homes zoned SF2 Single Family and Two Family District. West: To the west are single family homes zoned SF2 Single Family and Two Family District. District Uses and Development Standards: The MF I District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of: multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site Plan Description: The property consists of two lots, totaling 9,600 square feet. The existing house covers 1,225 square feet and the garage is 484 square feet. Buildings cover 18% of the lot. There are two parking spaces in the garage and three gravel parking spaces off of the driveway. Variances are being requested from perimeter and foundation landscaping and paved parking. Zoning and Land Use History And Trends: In April 2011, the owner requested a special exception use for a duplex in order to connect this house with the house to the south at 1019 Talbot. It was denied at the June 27, 2011 Common Council meeting. This property was zoned A Residential from 1987 to 2004. The 1987 rezoning was part of a large area -wide effort to rezone from multi- family to single family. Traffic and Transportation Considerations: Talbot Street is a local street with two lanes. APC # 2696 -14 Page 1 of 3 Staff Report Utilities: The site is served by City utilities. Agency Comments: 3/6/2014 The Department of Community Investment gives the petition an unfavorable recommendation. The staff received a letter from the Northeast Neighborhood Revitalization Organization, stating that at their February 12, 2014 meeting, a motion was unanimously passed to disapprove the rezoning petition. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) Objective L2.3: Ensure coordination of land uses among adjacent area - specific plans. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation /Other Plans: Northeast Neighborhood Development Area Plan (2003) places this property in the Georgiana - Talbot Redevelopment Sub -Area. The proposed zoning map identifies the west side of Talbot Avenue as potential for office development. 2. Current Conditions and Character: With the exception of three vacant lots at the comer of Howard Street, this block of Talbot Avenue consists of single family homes. 3. Most Desirable Use: The most desirable use is to have this area remain as single family homes. 4. Conservation of Property Values: The surrounding property values may be negatively affected. 5. Responsible Development And Growth: It is responsible development and growth to follow the land use plan that encourages single family residential uses in the designated areas. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and three variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation and either approve or deny the variances. The rezoning is from SF2 Single Family and Two Family District to MF I Urban Corridor Multifamily District. The Special Exception Use is for a group residence for up to six unrelated persons. The petitioner is also requesting the following three variances: APC # 2696 -14 Page 2 of 3 Staff Report 3/6/2014 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel. State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning be sent to the Common Council with an unfavorable recommendation. Based on information available prior to the public hearing, the staff recommends that the special exception be sent to the Common Council with an unfavorable recommendation. The staff recommends approval of the perimeter landscaping and paved parking variances but denial of the foundation landscaping variance if the property is rezoned. Analysis: The proximity of this area to the campus of the University of Notre Dame had prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals was to reduce the number of rentals and support the return to single - family home ownership. The concept for the Talbot and Duey Street blocks as offices is a long term proposal and would require an extensive redevelopment activity of the total area. Until that occurs, single - family home ownership should be supported. Requiring foundation landscaping will help to reflect a more single - family like appearance of the structure. APC # 2696 -14 Page 3 of 3 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Special Exception / Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. PUC .g \UD PUC Rezoning from: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "MFl" URBAN CORRIDOR MULTIFAMILY DISTRICT MASTER ZONING KEY N SOUTH BEND "SF2" SINGLE FAMILYAND TWO FAMILY DISTRICT W* e SOUTH BEND "MF1 "URBAN CORRIDOR MULTIFAMILY DISTRICT s j4 SOUTH BEND "MF2" HIGH - DENSITY MULTIFAMILY DISTRICT 1 inch = 100 feet SOUTH BEND "PUD" PLANNED UNIT DEVELOPMENT APC # 2696 -14 Page 1 of Areaplan - Comments for 3/18/14 Cosimo Bumbaca hearing From: "Ron Bocinsky, Realtor" <rbocin @gmail.com> To: AREAPLAN@co.st joseph.in.us Date: 3/9/2014 2:09 PM Subject: Comments for 3/18/14 Cosimo Bumbaca hearing Attachments: CosimoBumbacaRezoneRequest03l8l4 .pdf To Whom It May Concern: As the owner of 1003 Talbot Avenue home, I received the attached letter concerning the upcoming public hearing. Please note that I would be in favor of the re- zoning seeking a Special Exception Use for a group residence for up to 5 unrelated persons; and the other three variances listed in the attached letter, as long as the re- zoning Special Exception Use and variances applied to my home located at 1003 Talbot Avenue. Thank you, Ron Bocinsky Manager, Maho Ventures, LLC Owner, 1003 Talbot Avenue, South Bend, IN Ph: 770-664-0388 Email: rbocin @gmail.com ,RECEIVED MAR 10 2014 AREA PLAN COMMISSION file://C: \Documents and Settings \jparcell \Local Settings \Temp \XPgrpwise \53IC7613SJC DOMAINCCPOI... 3/10/2014 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1021 -1023 Talbot Street, South Bend, Indiana 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKS CHANGE INZONING FROMSINGLE FAMILYAND TWO FAMILY (SF2) TO URBAN CORRIDOR MULTI - FAMILY (MFI) WITH SPECIAL USE EXCEPTION FOR GROUP RESIDENCE TO BE USED BY STUDENTS NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lots 32 and 33 Talbots Plat be and the same is hereby established as MFI Urban Corridor Multifamily District SECTION II. That a Special Exception for group residence in a MFI Urban Corridor Mullifamily zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. Approved and signed by me on the day of .m. READING PU UC BEARING 3 r3 READING NOT APPROVED REFERRED A , i'- PASSED City Clerk day of , 20 , at o'clock Mayor of the City of South Bend, Indiana Piled in aerkls- I-, wW .''iice- .,._..y.„..., CITY Ci.FM, i OMi k',: ;!'I': 9P; JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, March 19, 2014 C The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A combined public hearing on a proposed ordinance of Fillipo Bumbaca to zone from SF2 Single Family & Two Family District to MF I Urban Corridor Multifamily District, seeking a Special Exception Use for a group residence for up to 4 unrelated persons; and seeking the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel, property located at 1 104 Bissell Street, City of South Bend - APC# 2695 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Fillipo Bumbaca was legally advertised on Thursday, March 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, March 18, 2014 took the following action: Upon a motion by John McNamara, being seconded by John DeLee and unanimously carried, a proposed ordinance of Fillipo Bumbaca to zone from SF2 Single Family & Two Family District to MF I Urban Corridor Multifamily District, property located at 1 104 Bissell Street, City of South Bend, is sent to the Common Council with an unfavorable recommendation. The proximity of this area to the campus of the University of Notre Dame prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single - family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single - family house. Upon a motion by John McNamara, being seconded by John DeLee and unanimously carried, the Special Exception Use for a group residence for up to 4 unrelated persons is sent to the Common Council with an unfavorable recommendation. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, hn W. Byorn i evu Attachment CC: Fillipo Bumbaca Frank Agostino, Esq i ':..,. Jt�� CITYCLFR.K, a 0 tJ t),9:.,, SERVING: ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA AND ROSELAND - -� - - -_ wwwapouphcoumylndhrcacomlAmapW Staff Report 3/6/2014 APC # 2695 -14 Owner: Fillipo Bumbaca Location: 1104 Bissell Street Jurisdiction: City of South Bend Public Hearing Date: 3/18/2014 Requested Action: The petitioner is requesting a zone change from SF2 Single Family & Two Family District to MF1 Urban Corridor Multifamily District; a special exception use for a group residence for up to 4 unrelated persons; and seeking three variances from the development standards. Land Uses and Zoning: On site: On site is a single family home. North: To the north is a church zoned SF2 Single Family and Two Family District. East: To the east are single family homes zoned SF2 Single Family and Two Family District. South: To the south are single family homes zoned S172 Single Family and Two Family District. West: To the west is a vacant lot zoned SF2 Single Family and Two Family District. District Uses and Development Standards: The MFI District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment o£ multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site Plan Description: The property is just over 5,000 square feet. The existing house covers 1,440 square feet or 28% of the lot. There are four gravel parking spaces, accessible from the alley. Variances are being requested from perimeter and foundation landscaping and paved parking. Zoning and Land Use History And Trends: This property was zoned A Residential from 1996 to 2004. Traffic and Transportation Considerations: Bissell Street is a local street with two lanes. Utilities: The site is served by City utilities. Agency Comments: The Department of Community Investment gives the petition an unfavorable recommendation. The staff received a letter from the Northeast Neighborhood Revitalization Organization, stating that at their February 12, 2014 meeting, a motion was APC # 2695 -14 Page 1 of 3 Staff Report 3/6/2014 unanimously passed to disapprove the rezoning petition. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) Objective L2.3: Ensure coordination of land uses among adjacent area - specific plans. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation /Other Plans: Northeast Neighborhood Development Area Plan (2003) places this property in the Eddy Street Corridor South Revitalization Sub -Area. The proposed zoning map identifies this area as remaining SF2 Single Family and Two Family District. 2. Current Conditions and Character: This block of Bissell contains single- family homes, a couple of vacant lots, and a church. 3. Most Desirable Use: The most desirable use is to have this area remain as single family homes. 4. Conservation of Property Values: The surrounding property values may be negatively affected. 5. Responsible Development And Growth: It is responsible development and growth to follow the neighborhood land use plan that encourages single family residential uses, in the designated areas. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and three variances from the development standards. The Commission will forward the rezoning and the Special Exception Use .to the Council with or without a recommendation and either approve or deny the variances. The rezoning is from SF2 Single Family and Two Family District to MF1 Urban Corridor Multifamily District. The Special Exception Use is for a group residence for up to four unrelated persons. The petitioner is also requesting the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel. State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. APC # 2695 -14 Page 2 of 3 Staff Report Recommendation: 3/6/2014 Based on information available prior to the public hearing, the staff recommends that the rezoning be sent to the Common Council with an unfavorable recommendation. Based on information available prior to the public hearing, the staff recommends that the special exception be sent to the Common Council with an unfavorable recommendation. The staff recommends approval of the perimeter landscaping and paved parking variances but denial of the foundation landscaping variance if the property is rezoned. Analysis: The proximity of this area to the campus of the University of Notre Dame prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single - family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single - family house. Requiring foundation landscaping will help to reflect a more single - family like appearance of the structure. APC # 2695 -14 Page 3 of 3 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; arid, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Special Exception / Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. T N 13 d '6 V 1Y LLC A L U Sorin AM Miner Bissell Sorin Miner Rezoning from: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "MFI" URBAN CORRIDOR MULTIFAMILY DISTRICT MASTER ZONING KEY " ® SOUTH BEND "SF2" SINGLE FAMILYAND TWO FAMILY DISTRICT w E SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT s SOUTH BEND "MU" MIXED USE DISTRICT 1 inch = 100 feet SOUTH BEND "LB" LOCALBUSINESS DISTRICT APC # 2695 -14 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1104 Bissell Street, South Bend, Indiana 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKS CHANGE IN ZONING FROMSINGLE FAMILYAND TWO FAMILY (SF2) TO URBAN CORRIDOR MULTI - FAMILY (MFI) WITH SPECIAL USE EXCEPTION FOR GROUP RESIDENCE TO BE USED BY STUDENTS. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot 112 Park Place 2nd Add be and the same is hereby established as MF1 Urban Corridor Multifamily District SECTION II. That a Special Exception for group residence in a MFI Urban Corridor Multifamily zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. Approved and signed by me on the day of .m. Is1 READ!NG 2`7—y— I PUE11C HEAPING 3 rd READ'5,NG NOT A.-`ROVED REFERRED Z,1'H PASSED City Clerk day of , 20 at o'clock Mayor of the City of South Bend, Indiana =died in Clerk's 0iflC..- i 9 4 CPTYCL4 R- -p 111k;' *xs°ND, IN JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR qjARCEAPLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, March 19, 2014 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A combined public hearing on a proposed ordinance of Cosimo Bumbaca to zone from SF2 Single Family & Two Family District to MF1 Urban Corridor Multifamily District, seeking a Special Exception Use for a group residence for up to 4 unrelated persons; and seeking the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel, property located at 1042 Miner Street, City of South Bend - APC# 2699 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Cosimo Bumbaca was legally advertised on Thursday, March 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, March 18, 2014 took the following action: Upon a motion by John McNamara, being seconded by John DeLee and unanimously carried, a proposed ordinance of Cosimo Bumbaca to zone from S172 Single Family & Two Family District to MFl Urban Corridor Multifamily District, property located at 1042 Miner Street, City of South Bend, is sent to the Common Council with an unfavorable recommendation. The proximity of this area to the campus of the University of Notre Dame has prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single - family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single - family house. Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, the Special Exception Use for a group residence for up to 4 unrelated persons is sent to the Common Council with an unfavorable recommendation. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, t John W. Byomi Attachment CC: Cosimo Bumbaca Frank J. Agostino, Esq. Filed hi CITY GL RK, SQViR 060, IN SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND www.sgompkounrylnEhnsoMAmplan - Staff Report APC # Owner: Location: 2699 -14 Cosimo Bumbaca 1042 Miner Street Jurisdiction: City of South Bend Public Hearing Date: 3/18/2014 Requested Action: 3/6/2014 The petitioner is requesting a zone change from SF2 Single Family & Two Family District to MF1 Urban Corridor Multifamily District; a special exception use for a group residence for up to 4 unrelated persons; and seeking three variances from the development standards. Land Uses and Zoning: On site: On site is a single family home. North: To the north is a restaurant zoned MU Mixed Use District. East: To the east is a vacant lot zoned SF2 Single Family and Two Family District. Across Eddy Street are single family homes and a church zoned SF2 Single Family and Two Family District. South: To the south are single family homes zoned SF2 Single Family and Two Family District. West: To the west are single family homes zoned S172 Single Family and Two Family District. District Uses and Development Standards: The MFl District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of. multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site Plan Description: The property is approximately 3,600 square feet. The existing house covers 880 square feet or 24% of the lot. There are four gravel parking spaces, accessible from the alley. Variances are being requested from perimeter and foundation landscaping and paved parking. Zoning and Land Use History And Trends: The property was zoned B Residential from 1996 to 2004. Traffic and Transportation Considerations: Miner Street is a local street with two lanes. Utilities: The site is served by City utilities. Agency Comments: The Department of Community Investment gives the petition an unfavorable APC # 2699 -14 Page 1 of 3 Staff Report 3/6/2014 recommendation. The staff received a letter from the Northeast Neighborhood Revitalization Organization, stating that at their February 12, 2014 meeting, a motion was unanimously passed to disapprove the rezoning petition. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) Objective L2.3: Ensure coordination of land uses among adjacent area - specific plans. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation /Other Plans: Northeast Neighborhood Development Area Plan (2003) places this property in the Eddy Street Corridor South Revitalization Sub -Area. The proposed zoning map identifies this area as remaining SF2 Single Family and Two Family District. 2. Current Conditions and Character: The majority of this area is single family homes with the exception of a small business across Miner Street and a church across Eddy Street. 3. Most Desirable Use: The most desirable use is to have this area remain as single family homes. 4. Conservation of Property Values: The surrounding property values may be negatively affected. 5. Responsible Development And Growth: It is responsible development and growth to follow the land use plan that encourages single family residential uses in the designated areas. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and three variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation and either approve or deny the variances. The rezoning is from SF2 Single Family and Two Family District to MFl Urban Corridor Multifamily District. The Special Exception Use is for a group residence for up to four unrelated persons. The petitioner is also requesting the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel. APC # 2699 -14 Page 2 of 3 Staff Report 3/6/2014 State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning be sent to the Common Council with an unfavorable recommendation. Based on information available prior to the public hearing, the staff recommends that the special exception be sent to the Common Council with an unfavorable recommendation. The staff recommends approval of the perimeter landscaping and paved parking variances but denial of the foundation landscaping variance if the property is rezoned. Analysis: The proximity of this area to the campus of the University of Notre Dame has prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single - family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single- family house. Requiring foundation landscaping will help to reflect a more single - family like appearance of the structure. APC # 2699 -14 Page 3 of 3 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Special Exception / Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. Rezoning from: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "MFl" URBAN CORRIDOR MULTIFAMILY DISTRICT MASTER ZONING KEY SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT SOUTH BEND "MF1 "URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "MU" MIXED USE DISTRICT SOUTH BEND "LB" LOCAL BUSINESS DISTRICT 13 1 inch = 100 feet APC # 2699 -14 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1042 Miner Street, South Bend, Indiana 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKS CHANGE IN ZONING FROM SINGLE FAMILY AND TWO FAMILY (SF2) TO URBAN CORRIDOR MULTI - FAMILY (MFI) WITH SPECIAL USE EXCEPTION FOR GROUP RESIDENCE TO BE USED BY STUDENTS. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot 50 Lederer & Longley's Sub Of Out Lot 1 Sam Cottrells Addition be and the same is hereby established as MFI Urban Corridor Multifamily District SECTION II. That a Special Exception for group residence in a MFI Urban Corridor Muttifamily zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. Approved and signed by me on the day of .m. I a1 READ!NG PU "ILIC HEARING 3 rd READING NOT APPROVED Z -ZV J'v RHERRED PASSED City Clerk day of , 20 , at o'clock Mayor of the City of South Bend, Indiana led in CEerR 6 Cg,r% i -, ,, 2U0, CITY CLF Gov ,g ct,ys} IN JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR A COMMISSION OF ST. JOSEPH COUNTY, IN 227 W, JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, March 19, 2014 The Honorable Council of the City of South Bend 1 4th Floor, County-City Building South Bend, IN 46601 RE: A combined public hearing on a proposed ordinance of Cosimo Bumbaca to zone from SF2 Single Family & Two Family District to MFl Urban Corridor Multifamily District, seeking a Special Exception Use for a group residence for up to 5 unrelated persons; and seeking the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and 3) from the required paved parking surface to gravel, property located at 1012 Talbot Street, City of South Bend - APC# 2697 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Cosimo Bumbaca was legally advertised on Thursday, March 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, March 18, 2014 took the following action: Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, a proposed ordinance of Cosimo Bumbaca to zone from SF2 Single Family & Two Family District to MFI Urban Corridor Multifamily District, property located at 1012 Talbot Street, City of South Bend, is sent to the Common Council with an unfavorable recommendation. The proximity of this area to the campus of the University of Notre Dame prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single - family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single - family house. Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, the Special Exception Use for a group residence for up to 5 unrelated persons is sent to the Common Council with an unfavorable recommendation, The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, l '✓tit t hn W. Byo Byorni Attachment CC: Cosimo Bumbaca Frank J. Agostino, Esq. a� CR'YCLFFt4, SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND www14.P ... ty 4....WA.pB Staff Report APC # Owner: Location: 2697 -14 Cosimo Bumbaca 1012 Talbot Street Jurisdiction: City of South Bend Public Hearing Date: 3/18/2014 Requested Action: 3/6/2014 The petitioner is requesting a zone change from SF2 Single Family & Two Family District to MFI Urban Corridor Multifamily District; a special exception use for a group residence for up to 5 unrelated persons; and seeking three variances from the development standards. Land Uses and Zoning: On site: On site is a single family home. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east is Fredrickson Park zoned SF2 Single Family and Two Family District. South: To the south are single family homes and several vacant lots zoned S172 Single Family and Two Family District. West: To the west are single family homes zoned SF2 Single Family and Two Family District. District Uses and Development Standards: The MF1 District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of: multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site Plan Description: The property is approximately 4,500 square feet. The existing house covers 572 square feet or 13% of the lot. There are four gravel parking spaces located at the back of the lot, accessible from a driveway off of Talbot Street. Variances are being requested from perimeter and foundation landscaping and paved parking. Zoning and Land Use History And Trends: This property was zoned A Residential from 1987 to 2004. The 1987 rezoning was part of a large area -wide effort to rezone from multi - family to single family. Traffic and Transportation Considerations: Talbot Street is a local street with two lanes. Utilities: The site is served by City utilities. APC # 2697 -14 Page 1 of 3 Staff Report Agency Comments: 3/6/2014 The Department of Community Investment gives the petition an unfavorable recommendation. The staff received a letter from the Northeast Neighborhood Revitalization Organization, stating that at their February 12, 2014 meeting, a motion was unanimously passed to disapprove the rezoning petition. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) Objective L2.3: Ensure coordination of land uses among adjacent area - specific plans. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation /Other Plans: Northeast Neighborhood Development Area Plan (2003) places this property in the Georgiana - Talbot Redevelopment Sub -Area. The proposed zoning map identifies the east side of Talbot Street as remaining SF2 Single Family and Two Family District. 2. Current Conditions and Character: This block of Talbot Street contains single family homes with a few vacant lots. 3. Most Desirable Use: The most desirable use is to have this area remain as single family homes. 4. Conservation of Property Values: The surrounding property values may be negatively affected. 5. Responsible Development And Growth: It is responsible development and growth to follow the land use plan that encourages single family residential uses in the designated areas. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and three variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation and either approve or deny the variances. The rezoning is from SF2 Single Family and Two Family District to MF I Urban Corridor Multifamily District. The Special Exception Use is for a group residence for up to five unrelated persons. The petitioner is also requesting the following three variances: 1) from the required Type A perimeter landscaping to a wood fence as shown on the site plan; 2) from the required foundation landscaping to none; and APC # 2697 -14 Page 2 of 3 Staff Report 3) from the required paved parking surface to gravel. 3/6/2014 State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning be sent to the Common Council with an unfavorable recommendation. Based on information available prior to the public hearing, the staff recommends that the special exception be sent to the Common Council with an unfavorable recommendation. The staff recommends approval of the perimeter landscaping and paved parking variances but denial of the foundation landscaping variance if the property is rezoned. Analysis: The proximity of this area to the campus of the University of Notre Dame prompted the conversion of many of the homes to rental properties. Since the original plan for this neighborhood in 1998, one of the overall goals is to reduce the number of rentals and support the return to single - family home ownership. Since this property was not able to provide proof of legal non - conforming status, it should transition back to a single- family house. Requiring foundation landscaping will help to reflect a more single- family like appearance of the structure. APC # 2697 -14 Page 3 of 3 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the temps of this Chapter would result in practical difficulties in the use of the property. Special Exception / Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. Howard Rezoning from: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "MFI" URBAN CORRIDOR MULTIFAMILY DISTRICT MASTER ZONING KEY N SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT W* e SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT s SOUTH BEND "MF2" HIGH - DENSITY MULTIFAMILY DISTRICT 1 inch = 100 feet SOUTH BEND "PUD" PLANNED UNIT DEVELOPMENT ARC # 2697 -14 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1012 Talbot Street, South Bend, Indiana 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKS CHANGE IN ZONING FROM SINGLE FAMILYAND TWO FAMILY (SF2) TO URBAN CORRIDOR MULTI - FAMILY (MFI) WITHSPEC)AL USE EXCEPTION FOR GROUP RESIDENCE TO BE USED BY STUDENTS NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot 46 Talbots Plat be and the same is hereby established as MFI Urban Corridor Multifamily District SECTION II. That a Special Exception for group residence in a MFI Urban Corridor Muttifamily zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 20__, at o'clock m. Approved and signed by me on the .m. 1 st READING 2 —ZN —1 y PUBLIC HEARING 3 rd READING NOT APPROVER REFERRED PASSED day of City Clerk day of , 20 , at o'clock Mayor of the City of South Bend, Indiana Filedl i � 1 i} ra cirf CL%r dt, a t67P€ cs t3 b, 6R� 227 W. JEFFERsoN BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR March 10, 2014 8 - Council Member Gavin Ferlic Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: BRIARCLIFF HEALTHCARE Dear Council Member Ferlic: PHONE: 574/235 -9371 FAX: 574/235 -9021 The petitioner has submitted their contractor information and they qualify for a five year real property abatement. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The Petitioner, Briarcliff Healthcare. proposes to rehabilitate the building at a cost of $3,263,722. A representative of the Petitioner will be available to meet with the Committee on Monday, March 24, 2014. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9339. Sincerely, Brock Zeeb Director Economic Resources Department of Community Investment Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JmN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS N 0) O f 0 N N O N y O N tNOm W �eN-m ^^�OaaNDM }aND NN O�N f�NO N r N M e R O R N M o a r' o M 0 R M N O �O(O W l0 o M M 00 N N 0-0 N N00 N x D Z y n N M M O n F-a W N N W f0 N O Nm C tO00N1�� V p r (V e NOR. -M O m o NON N NO x d O N 7 n (N O of O cM M N oci ~ O N N m m N R N m R n %'NnOn O N OWN Q O)a- tOM N R W n N M Id W N O N N d 3 .�-� °o Ni o�oo °mm °o moano Nwm d ayi nnnnn M y� on W-m �z m vov.vv rMi_ C5 C+i }ronnm v v oN�' o 3� �mN voi Mmomo m C N M N N U �✓ R3 (0 O 2 Q �. 3 C O R O R L y O O o n O n N N n 3 U p p p p p O O O O O M d J t�.. N O IT Oct (Np ' Z X o m n n n n n R N j 'a m h �o� a > NM No &0o cO NM f�NO ON �� o000o vi X 0 m r N M O O O O O L, Q N M w Q 5 0 d CD � a m lit �O °o m nM °'m oomm cap mmMmao o ayiv 4% ~ O O N R n ( 0 0 I A X t O N t 0 t D N R ry C J° O O UQ NO NM NO A R.-N R N 6 N N X F W 47 D) C) (3) A NNNN N C6 R X L „y, C N C 7 C y U CO N >�j �NMaN dm 0 y 0 e o y D OIL .¢ N M O N y d m a o F Y E c m o F ow 2 0.6 6 d N d ' y C � �E u> m da°i m y D N X X X >-U >� � X 0 =H N m m T C J Q Q Z 28 gm Z E c¢ Q E F- ❑ 0 E LU 2 N y tJn N N J U y J om� ; N Q (D U t7 40RC i Briarcliff Healthcare Ce'g`a7 aF°i d'aTre�l 5024 Westem LLC eusrnessstructu.+^,'1,7g Limited Lia6111 ty Company Company website N/A .�±jv,.. Proposed Project Information Proposed pr- o ju e ctaddre_ ss'°� Parent5024 West Western Avenue N/A ,may , ti - City, state, 210-' .� South Bend, IN 46619 legal owner i x c (; 5024 Western LLC Sitea reageor 546ge_requlred a ., 4.41 Is thereal eststeowneder -` �°, J �y Owned Square feet offaciliti -Zi-I r:: c +`• 61,645 d by wM1om Iflease?.'AaT�lx2-,T+ WA Primary contact information erlmery`companyconlS%t namer�y Shalom Menora 7tle r -' Manager Address ofcompanywntaa 8833 Gross Point Road, Suite 308 Phone -c,_ 847 - 679 -6200 , Gty State Zip Skokie, I Skokie, L 60077 Emaii .. Shalom @menorafnancial.com Senior Official Corrip`any senl6r offiitafname"kg. -"i Shalom Manors rtl° Manager .;y Address of company contact (if different from N/A Phone - -, 847 - 679-6200 city,State Zrp WA Emaii Shalom @menorafinancial.com Hi red business consultant/agent name: " _ WA Consultant release Address - lowlec000mic developroentpartners -- a roval N) City, State Zip Email - - .. `. a . Brief descripban ofyod',x =ry company, project and why the.,- 5024 Western LLC is considering the redevelopment of an economically obsolete facility in South Bend. The building does not currently meet the required standards for skilled healthcare facilities. The project would result in the creation of a 80 propeiry is necessary for ° ` bed facility and create 80 full -lime jobs in the community. The South Bend/Michiana region currently does not have the economiogrowth y =� services and facilities required to meet the needs of the marketplace. The facility will provide the following services: 1. Spinal Cord Injury Services; 2. Cardiac Services; 3. Bariatric Services; 4. Ortho/General Services; 5. Hospice Services; 6. ' General Care /Private PayNeteran's Administration/Overflow Services; 7. CNA Training Program, and; B. Outpatient Adult ..e,s Day Care Center. �t Li Certified Technologypa`rk appro late._ No Community R"itas nEatldn Enhani ft-fih ps l No Certify that the Building Permit has not been Yes Aumbefoffesidential units`aeated by lfthistfapetitibnfwPersonal0ropertytaxabaatteM &t has :: ' - the ul-menibeeninstaeedi ` t "• _ <, WA New Proiect Investments Calendaryear Calendar Year 14 -u- 2015 2016 1 1 18 2019 2020 2021 B permanentjabs created afproJect benefits of bonu�ses°zof _ expenditure tr'°a�ine�d dot (r(nge oq -_ - cumulative net newJo6sr.- aE�not . wmulative bonuses- ,. c , Ezlsting Bulkm ImPrOVementS - .- $3,283,722 at5e "* .''tu mull ARM- 2014. -' 40 $14.88 New F1aciiiVary St-EciulpreirLS1 - $97,170 2015: 80 $14.88 TBO 80 2016 special Tooling /Retooling t 2017 2018:' -.' 2019 2020 New Furniture /Futures 9238,000 2021 _ New tcmputer /IT Hardware - $20,000 2023 New SOflware�.t =- r Fulitfine Laborerssc,__ On site RaJ Infrastructure Onarte Bber Infrastructure s TechnxiwlYy_.: $16.17 <agerialc' s $38.46 Calendaryear J.bsrrtalnwi' jTotal houdy j 09inular%e#of net NEW fullUme " "- HoudySvera¢ewage w /o:. " '� .TnFal Vatning 'TOfa"Iif to6e g:4Ta `y�^"t" wa e w o g / permanentjabs created afproJect benefits of bonu�ses°zof _ expenditure tr'°a�ine�d dot (r(nge oq -_ - cumulative net newJo6sr.- aE�not . wmulative bonuses- at5e "* .''tu mull ARM- 2014. -' 40 $14.88 TBD 40 2015: 80 $14.88 TBO 80 2016 2017 2018:' -.' 2019 2020 2021 2022, 2023 2024 Fulitfine Laborerssc,__ 10.17 TechnxiwlYy_.: $16.17 <agerialc' s $38.46 . C Administrativ`er 2i $16.77 - owi et e n vua respond ,e or war inabng wrt Richard Kennedy, Health Facilifies Administrator .- workOne an recruitin ? • Doesydur company have an EEO hmngpolicy? Yes -- AreKOan EEO employ¢rt7.fp,.,. 1.= Yes r - PledseAe`saBieyour2umitmerifto ^ rsttyanby detaingyour, -. Year -s ` 0Wead'an eameffortsfor the last threevearsasWeflascument police; _: i Full Time Part Time Full Time Partrime- Full Time -- Partrme;y- - Slick y_ =: .NIA Due to the fact that the company is Proposing to launch a new facility, there _ Hispanic,;_ - NIA - is not an employment history for the past three years. 5024 Western LLC is - Asian NIA committed to actively recruiting minority NIA and female employees. In addition, the NIA company will encourage the participation of MBE, VBE and WBE vendors to provide products and ` Ot;s, t ✓ NIA .' services to the facility, Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. e_ e e en Infoo "rmatwn is re aired on both the wnstrucdon wm �?.cY+S h.`�b � - yk"�9�t3$°paRro -'. compans w, rcwtli v e materials for p purchase -thls Please complete_the table below with the appropriate If Earned -Pom[s +� 'AVeJa61e Vomts;' inmatlon (y45 or No you quabfy for the points please enter the full amount'of available r 1 Construction Related (COntroctorst ?.�. ''Aa* Employ Lo[al Companies Yes r,_ (75z';r* Wiz, , -`, 20 20 Purchase Materials from LOCal COmpanles Yes 20 ;'B 75Yl ,, 20 - ` R queEmployees_Sndepe den[COntrac[`ors� Yes 0 -;C i, 19 D Require Prevailing Wage (Davis ea- con). Yes 0 22 Require Health eenefjtsc - Yes 0 w' >E - _ 22 I jwje Requie Pension Ber%efits' �;,, °` _.�`, i Yes 0 lg Gi Maintain AffirmatiVe Action Plana;`r Yes 20 20 y. - - Sub total Construction Related . 60 341 2 ::Wage &Benefit Related (D +ine60 .: _ - A. PayTarget Wage Levels - Yes 0 33 B. Provide Health Benefits Yes 34 34 Pri6dj4e Pension BeneFltq 'r M'"' Yes 29 29 �".D Provftle Training 7"-" Yes 28 1. 28 J E. Provide child care - No 75 15 C.F Pro3'ide Transportation Assistance:. - No 14 yq G,- Pro IdeEmployer Assisted Hafsing program '" Yes 9 9 -tyre.:_ Subtotal_Wa5& Benefit 129 ReLlateck 162 Workforce Related Y4 _ „ ',',;, - `_-`i.7pr `ts C ate NewJob`.`. Ei Yes ' 42 42 £ 8 7 RE gibbs`'_- N/A 41 i5t ;- yr� -fy- .3 41 `` ' '"-,C- nia Ai`fi•1rmatAtt10n Plan Yes 35 n �- 35 ` }..mot:' = - _ : D .y _ ..:, Qrovide Targeted Hiring Preference'= Yes 0 34 ce el edapf Y�-t -total Workfbrr` to -?, , 7�-: 118 152 5 uTOrl a'Mu coo FacdlM'.�:, a S6000 rta58 Municipal Facdity (don ations to the` eta1+` museum -- Yes 84 ru zo�o,:co'nserva[ etch 84 Facility _ Will provide support to the conservatory, if abatement is approved 44f ; 5ub to`tTMuniC';P fpcility- 84 539 Sub total from Above Submitted By: Date: WALIFAUE 1) How do I pay my petition filing fee? Your petition filing fee can be paid either in person or via mail to: City Clerk's Office Attn: Deputy City Clerk 227 West Jefferson Blvd. • Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) In the South Bend area there are only two Certified Technology Parks, Innovation Park and ignition Park. If yourproperty is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) The map below outlines the CRED area, please check to see if you fall within the boundaries. - s CREeD District Boundary t o ,��, Boury, Routh _ 0 Fob I N J . FISM1elrl3 Tutl •. Tom,. I'. I I� Otuo Ke i Gmst ! q ! � E 3' -I Sull IBnieon - - aroaawBr- Q ERwnre � Legend d$ .. � E -�y -- t„eaae - Q CNHOIX P a OBOUtsBane PUmb �MbnB 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that comefrom the Small Business Administration. Thisfunding must be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per yearover the length of the project. If you have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the Department of Community Investment at 574.235.5842 or email at sheintzeno southbendin_gov STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Fort 51767 (R3I 12.11) 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): Q Redevelopment or rehabilitation of real estate Improvements (IC 6-1.1- 12.1 -4) ❑ Eligible vacant building (IC 6.1.1 - 12.1-4.8) 20 14 PAY 20 15 FORM SB -1 / 1_11 .--Prtv 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 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, if any, or the county assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF- 1/Reat Propedy, 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 orafter July 1, 2000, unless an alternative deduction schedule is adopted by the designating body (IC 6 -1.1- 12.1 -17). The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benerds filed before July 1, 2000. Page 1 of 2 Name of taxpayer 5024 Western LLC Address of taxpayer (number and streel, city, state, and ZlPcode) 8833 Gross Point Road, Suite 308, Skokie, IL 60077 Name of contact person Telephone number E -mail address Shalom Menora (847) 679 -6200 Shalom(rDmenorafinancial. Name of designating body Resolution number Common Council of the City of South Bend Location of property Counly DLGF taxing district number 5024 West Western Avenue St. Joseph Description of real property improvements, redevelopment, or rehabi itation (use additional sheets ifnecessary) Estimated start date (month, day, year) The company will complete demolition in the facility to create a "white box" in order to build 04/01/2014 Estimated completion date (month, day, year) out the space into a modern healthcare facility. In addition, the developer will make sionifirant Pipefdral and mechanical unerades to the facility. 12/31/2018 • _ • • • ==1111111-.01,3 Current number Salaries Numberretained Salaries Numberadditional Salaries 0.00 $0.00 0.00 $0.00 80.00 $2,476,032.00 Imuly-niggleg NOTE: Pursuant to IC 6- 1.1- 12.1 -5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Is confidential. Currentvalues Plus estimated values of proposed project 3.263.722.00 Less values of any property being replaced Net estimated values upon completion of project 3.263.722.00 • • I I OTHER BENEEITS PROMISED BY THE TAXPAYER Estimated hazardous waste converted (pounds) Estimated solid waste converted (pounds) Other benefits The proposed project will result in the redevelopment of an economically obsolete building in the community. The project would provide the community with a state-of-the-art skilled nursing facility in South Bend to serve the Michiana region. The facility would have 80 beds and employ approximately 80 full -time associates. There is a significant unmet need in the community for this type of healthcare facility. I hereby certify that the repiresentation p in this statement are true. signature of authorized representati Yule Date signed (month, day year) Manager 01129/2014 Page 1 of 2 . • USE OF THE DESIGNATING BODY 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: t. 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). F. Did the designating body adopt an alternative deduction schedule per IC 6- 1.1- 12.1 -17? ❑ Yes ❑ No If yes, attach a ropy of the alternative deduction schedule to this form. We have also reviewed the Information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and file ofauthodzed member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and tide of arrested 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 - 12.14. 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