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06-23-14 Council Agenda & Packet
n!_FNnn SOUTH BEND COMMON COUNCIL MEETING MONDAY, JUNE 23, 2014 1. INVOCATION - CHAPLAIN TONY SLAGLE 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS '7 •nn P M ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF - KATHRYN ROOS 6. REPORTS OF CITY OFFICES - DEPUTY MAYOR MARK NEAL 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 27 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1022 20TH STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 28 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 605 NORTH HICKORY ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 30 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1707 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 8. BILLS, THIRD READING TIME: RTT,T, NO. 27 -14 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1022 20TH STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 28 -14 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 605 NORTH HICKORY ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 30 -14 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1707 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 9. RESOLUTIONS RTTT NO. 14 -59 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT 2324 ELWOOD AVENUE, SOUTH BEND, INDIANA 14 -61 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 914, 918, 923, 925, 927, 930, 9324, 1024, 1030 OAK ST, 922, 930, 1002 4, 1014, 1018, 1020 FUERBRINGER, 417, 418, 500 BLK SHERMAN, 501 HARRISON ST, 423, 429, 431 COTTAGE GROVE, 327, 329, 331, 408, 412, 417, 403 CUSHING ST. AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR LINCOLN PARK DEVELOPMENTS LLC 14 -62 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 1904 NORTH KENMORE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR J. J. WHITE INCORPORATED 14 -65 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, THE CITY OF MISHAWAKA, INDIANA AND ST. JOSEPH COUNTY, INDIANA REGARDING THE USEPA BROWNFIELDS ASSESSMENT GRANT APPLICATION 10. BILLS, FIRST READING BILL NO. 11. UNFINISHED BUSINESS A. REPORTS FROM AREA BOARD OF ZONING APPEALS 1. BILL 14 -63- SPECIAL EXCEPTION -1119 LINCOLNWAY WEST 2. BILL 14 -64- SPECIAL EXCEPTION - 4445 S. LINDEN RD. B. REPORTS FROM AREA PLAN COMMISSION 1. BILL 32 -14 - REZONING -140 NILES AVE. 2. BILL 33 -14 - ANNEXATION - 17716, 17802 & 17830 IRELAND ROAD, MISHAWAKA, IN. C. IN RE THE MATTER OF COMPLAINTS FILED AGAINST 2ND DISTRICT COUNCIL MEMBER HENRY DAVIS, JR., WITH RESPECT TO THE SOUTH BEND COUNCIL RULES COMMITTEE 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. Filed in Clerk's Office E MAY 21 2011 ._..r JWIR. izlui a k CRYCLEIRK se vVH BrNtC , t'r, AREA PLAN COMMISSIO JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, May 21, 2014 S(J,_� S The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, FN 46601 /S ,'H /JA 2� -( RE: A proposed ordinance of Kyle D. Bach to zone from SF2 Single Family and Two Family District to MF I Urban Corridor Multifamily District property located at 1022 20th Street and the north half of the vacated alley to south, City of South Bend - APC# 2703 -14. Dear Council Members: 1 hereby Certify that the above referenced ordinance of Kyle D. Bach was legally advertised on Thursday, May 08, 2014 and that the Area Plan Commission at its public hearing on Tuesday, May 20, 2014 took the following action: Upon a motion by John DeLee, being seconded by Daniel Brewer and unanimously carried, a proposed ordinance of Kyle D. Bach to zone from SF2 Single Family and Two Family District to MFl Urban Corridor Multifamily District property located at 1022 20th Street and the north half of the vacated alley to south, City of South Bend, is sent to the Common Council with a favorable recommendation. The rezoning request is an appropriate extension for the use of the newly renovated apartments, providing much - needed parking that was not available before. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, �-� i wl�. ((Jf Attachment CC: Kyle D. Bach Doug Merritt SERVING: ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND www., j..ph..wyMdian... /Awpkn Staff Report APC # Owner: Location: 2703 -14 Kyle D. Bach 1022 20th Street Jurisdiction: City of South Bend Public Hearing Date: 5/20/2014 Requested Action: 5/5/2014 The petitioner is requesting a zone change from S172 Single Family and Two Family District to MFI Urban Corridor Multifamily District to allow uses permitted in the MFI Urban Corridor Multifamily District and four variances from the development standards. Land Uses and Zoning: On site: On site is a house and a detached garage scheduled for demolition. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east is a parking lot for The Annex apartment buildings zoned SF2 Single Family and Two Family District. South: To the south are The Annex apartment buildings zoned MFI Urban Corridor Multifamily District. West: To the west, across 20th Street, is the IUSB campus zoned U University 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 area of the lot and half of the vacated alley is approximately 6,783 square feet. The existing house and garage will be removed and 8 or 9 parking spaces will be added. Pavement will cover 42% of the site and 58% will remain open space. The first perpendicular space is located in the sight triangle, so it will need be removed. Zoning and Land Use History And Trends: The parking lot to the east received a special exception for transitional parking in 1986. In September 2013; a parking variance was approved reducing the number of required parking spaces to none. On April 28, the Common Council approved the vacation of the alley to the south. Traffic and Transportation Considerations: 20th Street is a two lane street. APC # 2703 -14 Page I of 3 5/5/2014 Utilities: The site is served by municipal water and sewer. Agency Comments: The City Engineer comments the aisle needs to be 24' not 1$' and the first angled parking space from 20th Street needs to be removed. The Department of Community Investment is in support of the rezoning if the screening to the west and north is required and the westernmost angled parking space is removed. 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) H 1.2 Encourage rental housing for all income levels throughout the city. UD 1.5 Require aesthetically pleasing parking facilities. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation /Other Plans: The River Park Neighborhood Preservation and Improvement Plan focuses on Mishawaka Avenue and does not make a specific recommendation for this area. 2. Current Conditions and Character: The three apartment buildings have become an integral part of the neighborhood. 3. Most Desirable Use: The most desirable use for this property is medium density residential. 4. Conservation of Property Values: Proper buffering and maintaining setbacks may reduce the affect on adjacent residential property values. 5. Responsible Development And Growth: It is responsible development and growth to allow the expansion of parking area to accommodate residents of the renovated apartments. Staff Comments: This is a combined public hearing procedure, which includes a rezoning and four variances from the development standards. The Commission will forward the rezoning 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 MFI Urban Corridor Multifamily District. The petitioner is also requesting the following four variances: 1) from the required 5' front yard setback to 0; 2) from the required Type A: Open landscaping on all four sides to a fence on the north, APC # 2703 -14 Page 2 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 detennination 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. SN Mishawaka t h� I® Pleasant o -: M' LB —Ell 1 - - fv1ISaVAKA- Rezoning from: "SF2 "SINGLE FAMILY & TWO FAMILY DISTRICT to "MFi" URBAN CORRIDOR MULTIFAMILY DISTRICT Zoning classification 50 T -. 52N3 a. t S 1 -_° FA V.. YAN'3TWO FA V'LY: oSTR -^T 40 33 T 5= \3 a 2 S NGi a eAKLY ANDT O AI'1Y 3374 CT 4W 50 T -. 5E: D la 1'w'UM A4R!354N T FAM iY:STR CT .. SO-T- 5=\3 '05'O ?F:Cc SJCPSR T ST4CT W-T" SEND 'V. '1.'X:3 LSE 3STR +CT SQ,. Tr: ScN3 '-5"_0CAL 5.S:N'M 3'ST4!CT 40 SO., T- 5513 'Co'- ^.Ot'1,.:.Y TY 5US NESS 3'574 CT T- 35 \C'J'..%VE-3 Ty 3ST4-GT N W E 1 inch = 250 feet APC # 2703 -14 l; I I. IT L xw- � 1' r Gn yl rn i t Y m J - J I TI? Ll Ft 0�y AWL 09 mf _ C Tv M, rrpp ' [it C Meet � n ��a ll P. _j, .- a I - 1 94 v J - J I TI? Ll Ft 0�y AWL 09 mf _ C Tv M, rrpp ' [it C Meet � n ��a ll P. 1 94 - J I TI? Ll Ft 0�y AWL 09 mf _ C Tv M, rrpp ' [it C Meet � n ��a Flied lay Clerk'9 0 MAY 2 ) 2014 AREA PLAN COMMI JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR UNTY, IN 237 W. JEFFERSON ELVO., BOON 11,0 COUNTY CITY BUILDING, SOVTN OEND. INDIANA 46601 (376) ]55 95]1 May 21, 2014 Common Council of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Bill # 27 -14 An ordinance amending the zoning ordinance for the property located at 1022 20th Street, Councilmonic District No. 3 in the City of South Bend, Indiana. Dear Council Members: The following changes have been made to the Ordinance for the above- referenced petition: Ordinance: 1) The legal description was changed to include the north half of the recently vacated alley. A revised copy has been attached. If you have any further questions, please call me at 574- 235 -9571. Sincerely, f' - ^ n UVUA ��.�.J�J Christa Hill Planner SERVING ST. JOSEPH COUNTY. SOUTH FEND. LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA, L ROSELAND WWW S Tf 0 5 E PH C 0 UN T Y I N 0 1 A N A CON ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1022 20" STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Expansion of the parking area for the adjacent Multi - Family parcel to the south, the current zoning of SF -2 will be changed to reflect MF -1 consistent with the south and adjacent parcel. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot numbered 24 as shown on the plat of Hammond and Whitcomb's 2nd addition, Recorded as plat record 10, page 167 in the Office of the Recorder of St. Joseph County, Indiana, now within and a part of the City of South Bend, St. Joseph, County, Indiana, together with the North half of the Vacated alley lying on the South Side of said Lot 24 be and the same is hereby established as MF1 Urban Corridor Multifamily District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . M. Approved and signed by me on the at o'clock . M. 1st READING ,[A—t4 ! PUBLIC HEARING 3 rd READING ',iOT APPROVED :FFERRED A'P' )ASSED q -I�- I� City Clerk day of Mayor, City of South Bend, Indiana 2 , Filed In Cler ,-x:, °,)fflce 2014 JOHN Vt)C' "DE CITY CLERK, SOUTH SEND, IN PETITION FOR A COMBINED PUBLIC HEARING Citg of South Bend. Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1022 2e Street 2) The property Tax Key Number(s) is /are: 018- 6022 -0599 3) Name and address of property owner(s) of the petition site: Bach Investments 911 Main Street Indianapolis, IN 46220 317.584.8442 kbach (a n2eccaeotnpanies.corn Name and address of additional property owners, if applicable: N/A 4) Name and address of contingent purchaser(s), if applicable: NIA Name and address of additional property owners, if applicable: N/A 5) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District Additional zoning district, if applicable To: MFl Urban Corridor Multifamily District 6) This rezoning is requested to allow the following use(s): Expansion gfparking area to serve adjacent MF -1 parcel to the South. 7) If applicable, a detailed description and the purpose of the variance(s) being requested: Expansion ofparking area and green .space to ,serve the tenants oj'The .lines at IUSB. Reliefis sought for the, f rllosving: 1, front yard setback fronn 25'to paveinent 2. side yard setback from 25'to 189' 3. rear yard setback from 25'to 22.61 4, perimeter landscaping on all 4 sides to 6', fence on W N and E 5. parking screening in the, front yard (W) to none (o' provide this) 6. maneuvering aisle 24'to 18' (or change tingle of parking space to 60 degrees) S) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: Relief ifgranted, for the parking layout and landscaping Brill benefit the neighborhood !w providing additional qfl-'street parking for the tenants of The Annex at IUSB. Specifically, the landscape variance will ensure sgfteyjbr the tenants as tlnve enter and exit their vehicles. the ordinance as strictly enforced xrondd permit larger plantings where oh.structions would he presernt and reduce clear line-of sight for the residents. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: The proper0, directly adjacent and to the East rear gf'the su¢pct parcel is currently used as parking and landscaping is legal non- conforming. Relief if granted will proridc a visual bcticmce.for the parcel atzd adjacent uses. The cWslingproperty is served by a pre- existing fence line along the North - .&V property line. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: The strict application of the terms of this ordinance as it applies to the suf ject lot will detract, from the quality of7ife of the tenants and adjacent property owners. The IUSB area will benefit tram this petition as additional of parking will be provided to the tenants of The Annex at M0 thus, an overall reduction of vehicles utilizing parking on the public street. The petition includes a reduction and request for• relief from the landscape ordinance. The property is unique and will require a landscaping schedule that takes into account the toprographical grade change from the adjacent street. eet. The landscaping schedule as proposed will serve to protect the tenants of the The Annex at 1,5UB via clear liuue -of- .sight The pre- existingfence line along the ElW properly line to the North will be maintained in a iworkntanlike manner and continue to serve as a buff fer to the adjacent North property. 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: Insert text 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: Insert text (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Insert text (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Insert test (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Insert text 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 list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Doug Merritt 115& Afain Streel, Suite 203 Mishawaka. IN 46544 574 - 257 -2954 dm`a2prgfessionalpermits. coo Signature(s) of all property owner(s), or signature of Attorney for all property owner(s): ?Iled in Clerk's Offf c;l CITY CLERK, SOUTH FYm), Itti LFIled In CIt.4l�'s Oiff i JOHN W. BYORNI )c Fri, Y L LO 14 EXECUTIVE DIRECTOR L_ Mµ LARRY MAGLIOZZI .df1'I'li @ °f3(3{�1j i DEPUTY DIRECTOR CLERK, SS6w 4'*, -H k3 td 3 AREA PLAN CO - JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, May 21, 2014 1 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 I�N_2.? -I< RE: A combined public hearing on a proposed ordinance of Henry Walters Holdings LLC to zone from CB Community Business District to GB General Business District, seeking a Special Exception Use to allow a mini - warehousing facility with outdoor storage, property located at 605 North Hickory Road, City of South Bend - APC4 2704 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Henry Walters Holdings LLC was legally advertised on Thursday, May 08, 2014 and that the Area Plan Commission at its public hearing on Tuesday, May 20, 2014 took the following action: Upon a motion by John DeLee, being seconded by John McNamara and unanimously carried, a proposed ordinance of Henry Walters Holdings LLC to zone from CB Community Business District to GB General Business District, property located at 605 North Hickory Road, City of South Bend, is sent to the Common Council with a favorable recommendation subject to the written commitment that: "no buildings, outside storage areas, or pavement, other than existing driveway shall be allowed to be placed within 90 feet of the north property line of the above described property." The building has had a number of tenants but has sat vacant and underutilized for many years. The proposed use is compatible with the existing building, and the commitment to remain 90' from the north property line addresses the historical buffer. Upon a motion by Daniel Brewer, being seconded by John DeLee and unanimously carried, the Special Exception Use to allow a mini - warehousing facility with outdoor storage is sent to the Common Council with a favorable recommendation, subject to screening the outdoor storage and the rezoning being approved. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, (/YnW. t cci n W. Byomi mi Attachment CC: Henry Walters Holdings LLC, TEl Properties Attn: Tom Johnson, Danch, Hamer & Associates SERVING: ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND M sgwephwunrond nuoMAre*Nn Staff Report 5/5/2014 APC # 2704 -14 Owner: Henry Walters Holdings LLC Location: 605 North Hickory Road Jurisdiction: City of South Bend Public Hearing Date: 5/20/2014 Requested Action: The petitioner is requesting a zone change from CB Community Business District to GB General Business District; a Special Exception Use for a mini - warehousing facility with outdoor storage; and three variances. Land Uses and Zoning: On site: On site is a vacant commercial building formally occupied by Steve and Barry's, Martin's and associated parking area. North: To the north are single family homes zoned SF Single Family District. East: To the east, across Hickory, is the Town and Country shopping center in Mishawaka. South: To the south is a multi - tenant commercial building and the Elks Lodge zoned CB Community Business District. West: Immediately adjacent to the west is vacant land proposed for a self -lock storage project. Below this area are proposed CB Community Business uses and single or multi - family uses, zoned PUD Planned Unit Development District (APC #2597 -11). District Uses and Development Standards: The GB General Business District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the GB District are often brightly lighted and noisy. Permitted uses contained in this district are such that this district may be used to form a grouping of similar uses along certain portions of major commercial thoroughfares. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. Site Plan Description: The total site is 10 acres. There is an existing 120,970 square foot building which will be used for indoor storage. Two storage buildings are proposed to the north of the parking area. Fifty -eight parking spaces will remain. The parking area will also hold an outdoor storage area. This outdoor storage area cannot be more than 20% of the gross floor area of all buildings on the lot. Type C: Full Screening landscaping is required along the north residential bufferyard, however, the petitioner is asking for a variance to Type B: Partial Screening landscaping. A variance is also being requested for Type A: Open landscaping, however, six trees are shown along the east. APC # 2704 -14 Page I of 3 Zoning and Land Use History And Trends: 5/5/2014 Prior to the adoption of the latest zoning ordinance in 2004, the site was primarily zoned C Commercial, with the northern 120' zoned B Multifamily. In 2011, the property to the west and an outlot fronting on Hickory to the east was rezoned to PUD for a self -lock storage project, CB Community Business uses, and single or multi - family residential uses. A secondary site plan has not been submitted. Traffic and Transportation Considerations: Hickory Road has four lanes. There is a signal at the southern driveway with a dedicated left turn lane. In 2007, there was a "declaration of reciprocal easements" recorded as the result of the McKinley Hickory Minor Subdivision. These easements are for access, parking and utilities. Utilities: The site is served by municipal water and sewer. Agency Comments: The Department of Community Investment does not object to the rezoning, but recommends that more landscaping be provided. Commitments: The petitioner has proposed the following commitment: "No buildings, outside storage areas, or pavement, other than existing driveway shall be allowed to be placed within 90 feet of the north property line of the above described property." Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: I. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) ED 1.2 Encourage reuse of abandoned and underutilized land and structures. LU 2.4 Provide buffer spaces between non - compatible land uses. Land Use Plan: The Future Land Use Map identifies this area as medium density residential. Plan Implementation /Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: The intersection of McKinley and Hickory is a commercial node. A residential neighborhood is located to the north and to the west. 3. Most Desirable Use: The most desirable uses for this property are ones that compliment the high density and commercial uses adjacent to this site. 4. Conservation of Property Values: The surrounding residential property values may be affected by the rezoning. APC # 2704 -14 Page 2 of 3 Staff AwmrL 5. Responsible Development And Growth: 5/5/2014 It is responsible development and growth to accommodate appropriate and compatible responsible infill development on an underutilized property. 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 CB Community Business District to GB General Business District. The Special Exception Use is for a for a mini - warehousing facility with outdoor storage. The petitioner is also requesting the following three variances: 1) from the required Type A: Open landscaping to no additional trees along the East, North and West property lines and to existing trees along the South property line as shown; 2) from the required foundation landscaping along the North and East facades of the building to no landscaping; and 3) from the required Type C: Full Screening landscaping along the North property line to Type B: Partial Screening landscaping. 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 the rezoning petition be sent to the Common Council with a favorable recommendation, subject to the written commitment that: "no buildings, outside storage areas, or pavement, other than existing driveway shall be allowed to be placed within 90 feet of the north property line of the above described property". Based on the information available prior to public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. The staff recommends approval of variance #I on the west and south, but not east, and approval of variances #2 and 3 as proposed. Analysis: The building has had a number of tenants but has sat vacant and underutilized for many years. The proposed use is compatible with the existing building, and the commitment to remain 90' from the north property line addresses the historical buffer. APC 4 2704 -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 wrtten 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 atrected in a substantially adverse manner; and, (3) The strict application of the temps 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 welfre; (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 comparable with the recommendations of the Comprehensive Plan. V t. E A -xn'+" Y 1 I ',� 6 iy,}h� }. LL a , 1 � eisy 1 i� } f i!V2 �. 1.`�'•.I 1 1,t E. -.h' 3 ,1 {�. iLig J pp qj 'L __ V Y'-dy .I�I( I•-± � yyutii e® I )��- Cj� v.�' �: i[ ^teaa `L _••s �'.- d y. T; e p. AA V $tli F'�'N •T f� �.i Y d - )il � .wry. yyi l i �ro X9. r V t. E A -xn'+" Y 1 I ',� 6 iy,}h� }. LL a , 1 � eisy 1 i� } f i!V2 �. 1.`�'•.I 1 1,t E. -.h' 3 ,1 {�. iLig J pp qj 'L __ V Y'-dy .I�I( I•-± � yyutii e® I )��- Cj� v.�' �: i[ ^teaa `L _••s �'.- d y. T; e p. AA V $tli F'�'N ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 605 NORTH HICKORY ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM CB COMMUNITY BUSINESS DISTRICT TO GB GENERAL BUSINESS DISTRICT AND ALSO REQUEST APPROVAL OF A SPECIAL EXCEPTION TO OPERATE A MINI - WAREHOUSING FACILITYLITY WITH OUTSIDE STORAGE WITHIN THE GB GENERAL BUSINESS DISTRICT CLASSIFICATION. 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 5, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 4 OF THE PLAT OF "MC KINLEY- HICKORY MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LOT # 4; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT # 4; THENCE N. 89 °28'22" W. ALONG THE SOUTH LINE OF SAID LOT A DISTANCE OF 155.61 FEET-THENCE N. 00002'06"E. A DISTANCE OF 130.00 FEET- THENCE S.89 °2822" E. A DISTANCE OF 145.61 FEET TO THE WEST LINE OF HICKORY ROAD; THENCE ALONG SAID WEST LINE FOR THE NEXT THREE (3) COURSES, S. 00 °02'06" W. A DISTANCE OF 1651 FEET AND S. 89 °5754 "E. A DISTANCE OF 10.00 FEET AND S 00 002'06" W. A DISTANCE OF 113.58 FEET TO THE POINT OF BEGINNING. CONTAINING 10.00 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. That a Special Exception for the Mini - Warehousing facility with outside storage in a GB General Business zoning district is hereby granted subject to screening of the outdoor storage and the 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 day of 20_, at o'clock M. City Clerk Approved and signed by me on the day of 20 , at o'clock M. Mayor/Deputy Mayor of the City of South Bend, Indiana 1,t RpADING PUBLIC HEARING 3rd READING NOT APPROVED ` tMSED) F1I@d i[t rI ' Office Mrs 10i4 CITYCL.IE Ki J 4, }n v EsHU. W 1 Filed in CjPFL -S3 off ., ( 71144 JOHN W. BYORNI EXECUTIVE DIRECTOR Ay ? 'I 2 1 LARRY MAGLIOZZI DEPUTY DIRECTOR JOHN vooigt i LNO_r�. 1° CLERK, SOU'PH SEND, IN ' COMMISSIOTY, I N 217 W. JEFFERSON BLVD.. ROOM 1190 COUNTY -CITY BUISOINO. SOUTH BEND, INDIANA ,SE01 (51,) 3B595R1 May 21, 2014 Common Council of the City of South Bend 41h Floor, County -City Building South Bend, Indiana 46601 RE: Bill # 28 -14 An ordinance amending the zoning ordinance and requesting a special exception for the property located at 605 Hickory Road, South Bend, Indiana, Councilmanic District No. 4 in the City of South Bend, Indiana. Dear Council Members: The following changes have been made to the Ordinance for the above - referenced petition: Ordinance: 1) The legal description was changed to correct the section from 6 to 5. 2) The special exception was recommended favorably by the Area Plan Commission subject to screening. That condition has been added to Section II. A revised copy has been attached. If you have any further questions, please call me at 574 - 235 -9571. Sincerely, Qom. � Christa Hill Planner SERVING ST JOSEPH COUNTY. SOUTH BEND, LAKFV IIIE. NEW CARLISLE. NORTH LIBERTY. OSCEOSA. A ROSEIANO WW W S T 105 E P N C 0 UN TI I NO I A N A CON Filed In Clork °s office � MAY 21 2014 AREA PLAN C JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR OSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, May 21, 2014 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Cosimo and Maria Bumbaca to zone from LB Local Business District to GB General Business District, property located at 1707 South Bend Avenue, City of South Bend - APC# 2705 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Cosimo and Maria Bumbaca was legally advertised on Thursday, May 08, 2014 and that the Area Plan Commission at its public hearing on Tuesday, May 20, 2014 took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, a proposed ordinance of Cosimo and Maria Bumbaca to zone from LB Local Business District to GB General Business District, , property located at 1707 South Bend Avenue, City of south Bend, is sent to the Common Council with a favorable recommendation. The site is a small irregular parcel with limited development potential. Rezoning the property and approving the variances will allow the site to become usable by combining it with the adjacent property to the north. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, 2,uti n W. Byorni Attachment CC: Cosimo and Maria Bumbaca David Witt SERVING: ST. JOSEPH COUNTY, SOUTH SEND_LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA AND ROSELAND w -StJo PhCOUMVndhnuoMAmpbn _ - - -- Staff Report 5/9/2014 APC # 2705 -14 Owner: Cosimo and Maria Bumbaca Location: 1707 South Bend Avenue Jurisdiction: City of South Bend Public Hearing Date: 5/20/2014 Requested Action: The petitioner is requesting a zone change from LB Local Business District to GB General Business District and four variances to allow uses permitted in the GB General Business District. Land Uses and Zoning: On site: On site are the remains of a commercial structure damaged by fire zoned LB Local Business District. North: To the north is a used auto sales lot and beauty salon zoned GB General Business District. East: To the east are the Oak Hill Condominiums zoned MF2 High- Density Multifamily District and a gas station zoned CB Community Business District. South: To the south is a restaurant zoned LB Local Business District. West: To the west is Clover Village Apartments zoned MF2 High - Density Multifamily District and a restaurant zoned LB Local Business District. District Uses and Development Standards: The GB General Business District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the GB District are often brightly lighted and noisy. Permitted uses contained in this district are such that this district may be used to form a grouping of similar uses along certain portions of major commercial thoroughfares. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. Site Plan Description: The site is 0.25 acres. The proposed site plan includes a paved lot with a proposed 6' privacy fence along the northern portion of the west property line. One deciduous shade or ornamental tree is proposed at the southern corner of the lot. The remainder of the lot will be used for outdoor display for auto sales. Zoning and Land Use History And Trends: The properties along State Road 23 have been zoned for commercial purposes Traffic and Transportation Considerations: State Road 23 (South Bend Avenue) has four lanes with a turn lane that begins just south of the subject property. APC # 2705 -14 Page 1 of 3 Staff Report 5/9/2014 Utilities: The site is served by municipal water and sewer. Agency Comments: The City Engineer would be opposed to changes along the State Road 23 frontage, but has no objections to the requested variance along the side property lines. The Department of Community Investment does not have objections to the proposed rezoning provided the new owner maintains an orderly layout for vehicle parking and landscaping is provided where possible to beautify the property. 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: The rezoning is consistent with the Comprehensive Plan. City Plan, South Bend Comprehensive Plan (November 2006) Policy ED 1.2 Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The future land use map identifies this area as commercial. Plan Implementation /Other Plans: There are no other plans for this area. 2. Current Conditions and Character: The site is currently vacant. 3. Most Desirable Use: The most desirable use for the site is commercial. 4. Conservation of Property Values: The surrounding property values should not be affected. The proposed rezoning is for the expansion of a current business on an existing commercial lot. 5. Responsible Development And Growth: It is responsible development and growth to encourage the redevelopment of vacant commercial properties. Staff Comments: This is a combined public hearing procedure, which includes a rezoning and four variances from the development standards. The Commission will forward the rezoning to the Common Council with or without a recommendation and either approve or deny the variances. The variances are as follows: 1) from the required 30' minimum front yard to 0' for parking; 2) from the required 30'minimum side residential bufferyard to 0; 3) from the required Type C: Full Screening landscaping to a 6' privacy fence for the north 55' of the west property line; and APC # 2705 -14 Page 2 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 apprbval 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 wifl 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. . if k R R R Imu Mu qu R R - - - - - - - idisan LB LB O SFI ><SF1' oa� Pair kPar s j_, F, a IC le All SF1 SPF Rezoning from: LOCAL BUSINESS DISTRICT to "GB" GENERAL BUSINESS DISTRICT Zoning Classificabon Co.\Ty -5 1 5Gs NlwSS:l.ST-l5CT 50.T" SEQ V;l %I X---7 :.S-: a, STRICT SO.T-:M%Vo 3-=A:,56S IZSS.STRCT SO LT- N VERS TY 7 STR --T N W E 1 inch = 200 feet APC # 2705-14 i �.f 1 d � op / AN it ! r v. Ny. 1 I "F I, -' yam' -',,7 f ('c /�y _ ei • rat yi:����h 0:01, w , \ r ,� \ Y i V 1 m I ar ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1707 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT To change from current LB zoning district to proposed GB zoning district for the purpose of Automobile sales. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A part of a certain two acre tract situated in the southeast quarter of section 31, township 38 north, range 3 east, which two acres, triangular in form, is taken off of and from the entire width of the east side of the following described 8.50 acre tract, to -wit: beginning at a point on the south line of said section, 6.55 chains east of the southwest corner of said southeast quarter; thence running east to the center of the Edwardsburg Road, running through said quarter section; thence northeasterly along the center of said road to the north line of the south half of the south half of said quarter section; thence west to a point directly north of the place of beginning; thence south to the place of beginning. The portion of said two acre tract herein considered, is bounded by a line running as follows, viz: beginning at the point of intersection of the northwesterly line of said Edwardsburg Road with the west line of the two acre tract above described; thence running north 34 degrees 26 minutes east, along the northwesterly line of said Edwardsburg Road, a distance of 177 feet; thence north 55 degree 34 minutes west, at right angles with said Edwardsburg Road, a distance of 121.4 feet to at point due north of the place of beginning; thence south 214.6 feet to the place beginning. 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 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _day of 2 , at o'clock . M. City Clerk Approved and signed by me on the day of at o'clock . M. Mayor, City of South Bend, Indiana ilu5UC hLARING 3 rd READING NOT AF.FRQViD '�ERRW, ;w PASSED 2 Filed in C; Office ri,Y 40 1014 JOHN 4Fil01�q)k CITY CLERK, 80%P H SEND, IN airy office 'Ay 2 .i p�, J f JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 1l] W. IFS FERS ON BLVD.. ROOM 1160 COUNTY. CITY B U I LD IN O. SOUTN BEND. INDIANA 66601 15)6) 21..IS II May 21, 2014 South Bend Common Council 41h Floor, County -City Building South Bend, Indiana 46601 RE: Bill # 30 -14 A bill amending the zoning ordinance for property located at 1707 South Bend Avenue from LB Local Business District to GB General Business District. Petitioner: Cosimo & Maria Bumbaca Dear Council Members: The following changes have been made to the Ordinance for the above - referenced petition: Ordinance: 1) Correct minor typo - graphical errors in the legal description A revised copy has been attached. If you have any further questions, please call me at 574 - 235 -9571. Sincerely, YJ-"�e Angela M. Smith Planner SERVING ST, IOSEPN COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NO'TX LIBERTY. OSCEOLA, B ROSELAND W W W, STIOSEPXCOUNTYINOIANA. COX ®_ L `E --5l C L7anch, flarner o& Associates, Inc. Land Surveyors 0 Professional Engineers Landscape Architects . Land Planners Office: (574)234 -4003 / (800)594 -4003 Fax: (574)234 -4009 1643 Commerce Drive . South Bend, IN 46628 Mr. Oliver J. Davis — President South Bend Common Council 4'h Floor County -City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 RE: Special Exception Petition for property at 2324 Elwood Avenue, South Bend, Indiana: Dear Mr. Davis: June 6, 2014 This letter is written confirmation that on behalf of our clients, we are requesting the withdrawal for the Special Exception request for the property located at 2324 Elwood Avenue, South Bend, Indiana. If you have any questions regarding this matter, please feel free to give me a call at 234 -4003. Sincerely, M;e" J. 1D", d Michael J. Danch President Danch, Hamer & Associates, Inc. JOHN W. BYORNI C EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 217 W. JEFFERSON BLVD.. ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 23S -9Sy.1 May 27, 2014 r Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday. June 4. 2014. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that (1) The approval will not be injurious to the public health, safety, .morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 1. Petition of cnca /Grand Trunk Western Railroad The staff recommends the petition be tabled until a detailed survey can be conducted to determine the precise location of the proposed sign. Based on the petitioner's site plan, as submitted, the staff is unable to determine whether it is located entirely on the Railroad right -of- way or where it is in relation to the right -of -way of Capital Avenue, and the City limits of Mishawaka. In 2012, the City of Mishawaka annexed property that included the Capitol Avenue right -of -way immediately north of the Railroad right -of -way. If the sign is located entirely in the Railroad right -of -way, Section 154.030 of the Zoning Ordinance provides guidelines for the interpretation of zoning boundaries. Sub - section (E) states, in full: "Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks." Therefore, the "C" commercial zoning to the SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.STIO SE PHCO U NTYIN D IANA.0 11 north is extended to the center of the railroad right -of -way. The development standards of the "C" Commercial district are therefore also extended and applied to that portion of the railroad right -of -way. However, the location of the proposed sign, as provided by the petitioner's site plan, is at a point where the Railroad intersects with the Capital Avenue right -of -way. Zoning classifications are not extended into public right -of -ways as they are with railroad right -of -ways Subsequently, it is staff's opinion that the proposed location of the sign is not zoned, and therefore the use is not permitted as a standalone commercial use. The City of Mishawaka recommends denial of the requested variance. A full copy of their comments has been attached previously. 3. Petition of FTC, LLC. The staff still recommends denial of the requested variance. Even though the petitioner has reduced the size of the addition to 2,000 square feet, the structure remains twice as large as permitted. The proposed addition would create a structure that far exceeds a typical residential accessory structure. The proposed size and nature of this structure is more consistent with a commercial building. If approved, the variance could negatively impact the use and value of the adjacent property. 9. Petition of Ronald L & Katherine S. O'Dell. If the variance is granted, staff recommends it be subject to the remainder either being platted as an outlot on a recorded subdivision or combined with an adjacent parcel on a recorded deed. Special Exception / Special Use A special exception use /special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Pla 11. Petition of Sam & Wadad Ammon. Based on information available a Board meeting, the staff recommends the special e Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed development will revitalize a vacant commercial property and help improve this section of the corridor. SERVING ST, JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W WW.STSOSEPH000NTYIN DIANA. CC (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. City Plan calls for a mix of land uses along major corridors. Other uses along this corridor include a drive -thru restaurant, church and convenience store. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is consistent with the character of the surrounding district. Lincolnway West is a long- established commercial corridor. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. One of the economic development objective of City Plan is to "stimulate the rehabilitation and adaptive reuse of property in the city. The future land use map identifies this area of Lincolnway West as commercial. The staff recommends approval of the variances, however, the Board should be aware that two of the trees on the west property line are located within the right -of -way. These variances allow the site to be reused. The building currently sits within the setback and the landscaping has been placed where it is possible. Sincerely, Christa Hill Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W WW. $T)0 S EPHCOU NTY I N DIANA. CO RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT 2324 ELWOOD AVENUE, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Area Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Area Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36 -7 -4- 918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exceptions be granted for the properties located at: (2324 ELWOOD AVENUE, SOUTH BEND, INDIANA) in order to permit: Approval of a Special Exception Use as allowed under Section 21 -03.04 (a)(2)(A) Automotive Uses, of the City of South Bend Zoning Ordinance to allow for a Gasoline Service Station facility (without repairs) on property zoned LB Local Business District. SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed uses will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed uses will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21 -09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council Filed in Clerk's offic; . "�kcr;r EAPR N �OT4 NOT. Ayp7-O'V'Ev HN O O tlTFt SEND, IN RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 9149 918,9239 9259 9279 930, 932.5, 1024, & 1030 OAK; 9229 9309 1002.5, 10149 10189 & 1020 FUERBRINGER; 418, 417, and 500 BLK SHERMAN; 501 HARRISON; 423, 429, & 431 COTTAGE GROVE; 327, 329, 3319 408, 412, 4179 & 403 CUSHING AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR LINCOLN PARK DEVELOPMENT LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 914, 918,923, 925, 927, 930, 932.5, 1024, & 1030 Oak; 922, 930, 1002.5, 1014, 1018, & 1020 Fuerbringer; 418, 417, and 500 blk Sherman; 501 Harrison; 423, 429, & 431 Cottage Grove; 327, 329, 331, 408, 412, 417, & 403 Cushing South Bend, Indiana, and which is more particularly described as follows: 1) 914 Oak South Bend IN Parcel ID: 18-1029-1276 Legal Description: Lot Numbered Four (4) as shown in the recorded Plat of Lorenz Fuerbringer's Addition 2) 918 Oak South Bend IN Parcel ID: 18 -1020 -1278 Legal Description: West 17 and 4/5 feet of Lot 5 and the East 17 and 4/5 feet of Lot 6 Fuerbringers I" Addition 3, 4) 923 Oak, 925 Oak, 927 Oak, South Bend IN Parcel ID: 923 Oak- 18- 1030 -1345 925 Oak- 18- 1030 -1344 927 Oak- 18- 1030 -1343 Legal Description: 923 Oak- 35 Feet E Side lot I 1 Fuerbringers 2 "d addition 925 Oak- 17.5 feet East side lot 10 and 17.5 feet West side Lot 11 Fuerbringers 2nd Addition 927 Oak- Except 17.5 Feet West Side Lot 10 Fuerbringers 2 "d Addition 5) 930 Oak and 932.5 Oak South Bend IN Parcel ID: 930 Oak -18- 1029 -1281 932.5 Oak 1801029- 1281.01 Legal Description: 930 Oak- Part of lot 8 of the recorded plat of Fuerbringer's beginning at the Northeast corner of said Lot 8; running thence South along the East line of said lot, 132 feet to the Southeast corner thereof, thence West along the South line of said lot, 26.825 feet; thence North 132 feet to the North line of said lot; thence East along the North line, 26.65 feet to the place of beginning 932.5 Oak- W '/z L]ot 8 Fuerbringers 1" addition 6) 1024 Oak South Bend IN Parcel ID: 18 -1033 -1449 Legal Description: Lot 6 William Millers 7) 1030 Oak St South Bend IN Parcel ID: 18 -1033 -1447 Legal Description: Lot 8 William Millers 8) 922 Fuerbringer South Bend IN Parcel ID: 18 -1030 -1334 Legal Description: Lot Numbered 22 as shown on the recorded plat of Furebringer's Second Addition to South Bend, except 10 feet off of the West side thereof and except a parcel described as beginning 18 inches West of the Northeast comer of lot 22: thence East 18 inches to the Northeast corner; thence South to the Southeast corner of lot 22; thence West I foot 9 inches, thence Northeast to the place of beginning 9) 930 Fuerbringer South Bend IN Parcel ID: 18 -1030 -1333 Legal Description: All of Lot numbered 29 and part of Lot numbered 22, of Fuerbringer's 2nd Addition, described as beginning at the Northwest corner of said lot numbered 23; running thence East along the South line of Fuerbringer St 50 feet; thence Southerly 120 feet to a point on the North line of a public alley, which point is 10.58 feet east of the Southeast comer of said lot numbered 23; thence West 50.58 feet to the Southeast comer of lot number 23; thence North 120 feet to the place of beginning 10) 1002..5 Fuerbringer South Bend IN Parcel ID: 18 -1030 -1332 Legal Description: Lot 24 Fuerbringers 2 "d Addition 11, 12, 13) 1014 Fuerbringer, 1020 Fuerbringer, 418 Sherman, 1018 Fuerbringer, 418 Sherman South Bend IN Parcel ID: 1014 Fuerbringer- 18- 1034 -1499 1020 Fuerbringer- 18- 1034 -1497 418 Sherman- 18- 1034 - 1497.02 2 1018 Fuerbringer- 18- 1034 -1498 418 Sherman- 18- 103401498.02 Legal Description: Wunderlich Subdivision lots 1 -3 and 5 of Witherill's addition 14) 417 Sherman South Bend IN Parcel ID: 18 -1034 -1490 Legal Description: Lot 4 Witherill's 15) 500 Blk Sherman South Bend IN Parcel ID: 10 -1034 -1480 Legal Description: Lot 16 O.S Witherills 2nd Addition 16) 501 Harrision South Bend IN Parcel ID: 18-103001311 g Leal Description: Lot numbered 6 as shown on the recorded plat of Rockstroh and Nickel's First Addition 17) 423 Cottage Grove South Bend IN Parcel ID: 18 -1030 -1329 Legal Description: Lot 27 of Fuerbringer's 3`d Addition 18) 429 Cottage Grove South Bend IN Parcel ID: 18 -1030 -1327 Legal Description: Lot 29 Fuerbringers 3`d Addition 19) 431 Cottage Grove South Bend IN Parcel ID: 18-1030-1326 Legal Description: Lot 30 Fuerbringer's 3`d 20) 327 Cushing and 329, 331 Cushing South Bend IN Parcel ID: 327 Cushing- 18- 1028 -1254 329 and 331 Cushing - 18- 1028 -1253 Legal Description: 327 Cushing- the south 34 feet of Lot 18, Heintzman's 329 and 331 Cushing - The north 30.57 feet of lot 18, Heintzman's addition 21)408 Cushing and 412 Cushing South Bend IN Parcel ID: 408 Cushing- 18 -1028 -1266 412 Cushing- 18- 1028 -1265 Legal Description: 408 Cushing- S %z Llot 6 Heintzman's Addition, 412 Cushing- the North % of lot 6 Heintzman's Addition 22, 23, 24) 417 Cushing and 403 Cushing South Bend IN Parcel ID: 417 Cushing- 18- 1028 -1249 403 Cushing- 18 -1028 -1252 Legal Description: 417 Cushing — the South % Llot 15, Heintzman's Addition 403 Cushing - lot 16 and 17 Heintzmans addition 3 and this property has Tax Key Numbers listed above be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea, and South Bend Municipal Code Sections 2 -76 et sea., and, WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Cod,-'S- I - 1- 12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council ' i ound au&Ni tv:i jj 4il P�Ja.v> Filed In Clerk's Office =!T!,04 j 5HN 1'OgS1DE CITY CLERK. SOUTH BENb, 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 1904 North Kenmore Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR J.J. White, Incorporated WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 1904 North Kenmore Street, South Bend, Indiana, and which is more particularly described as follows: 300'N & S X 360' E & W Beg Appx 69'N of Sw Cor Se and which has Key Number 71- 03 -33- 200 - 016.000 -009, 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 sue., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et sec., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the 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 $79,798.64. 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. F>;tSenrE� . Sm >raa Member of the Common uncil Filed -y °,:.,♦.1. O+fiee J+OtaW`+�4,��s�i� CIT4 CLOOk, SOUI H 6LND. IN 227 W. JFI'FERSON Bout ITARD Sung 14005. Sun nI 81NO. IN 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT June 3, 2014 SCOTT FORD, EXECUTIVE- DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: J.J. White, Incorporated Dear Council Member Ferlic: PHONI : 574235 -9371 FAX: 574235-9021 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 renovate that is identified as 1904 North Kenmore 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, J.J. White, Incorporated . proposes to make improvements totaling 585,000. This project qualifies for a two year real property abatement under the Indiana State Code. The project is an exception to our local code. A representative of the Petitioner will be available to Ineet with the Committee on Monday, June 23, 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 meat 235 -9339. Sincerely, �77�� Z'/-/ Brock Zeeb Director Economic Resources Department of Community Investment Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding PLANNING NEIGNRORHOOD ENOAGENIENI BLSINESS DEVeLOPStr:Nr Jim KmN PA\1I L% C'.Ml lilt CIIRN Fial)jNo Ec msnc RrxocucE:s D)NAJ OF INR6 227 W. JI.II "I RSON BOIII. I:V.4RD Sun E 1400 S. Sou) n B IIN'D. 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 SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: J.J. White, Incorporated DATE: June 3, 2014 PHONE: 574235.9371 FAX: 574,235.9021 On June 2, 2014 , a petition for real property tax abatement consideration for property located at 1904 North Kenmore Street was filed with the City Clerk by Mr. Larry Pearson of J.J. White, Incorporated. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community 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 J.J. White is a large multifaceted self performing general, mechanical, and electrical contractor headquartered in Philadelphia, PA. In July of 2012, J.J. White opened an office in South Bend to further pursue opportunities in the Midwest Region. Their client list currently includes the University of Notre Dame, the City of South Bend, St. Joseph County, 1" Source Bank, Key Bank, Saint Mary's College, AEP, NIPSCO, D.C. Cook Nuclear Power Plant, Honeywell Aerospace South Bend, AT&T, Four Winds Casino, and others. The Midwest Regional Office has experienced significant growth in the South Bend area and they would like to make South Bend the permanent location and hub of the Midwest Operations PLANNING NEIGHBORHOOD E.NGA(ir.MEN1 BCSINESs DEVELOPNIE.SI' ]ECONOMIC RESOURCES PANVA.A C. N41 TER CHRIS FIt.Dc< D0 \A1. n E. INKS RE: Tax Abatement for J.J. White, Incorporated June 3, 2014 Page 2 efforts. Improvements to the building will total $85,000 and will include a minor office buildout as well as new painting throughout the interior and exterior of the building. There will also be a new monument sign, new site fence, and parking lot improvements. PLEASE NOTE: The applicant, J.J. White, Incorporated , 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 $2.96 per square foot for the 26,959 square foot building. The maximum rent generated would be $79,799 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 oil the assessed valuation are estimated at $25,527. Total taxes to be pjiLd during the two -year (2) abatement period on the assessed valuation are estimated at $14,696. EMPLOYMENTIMPACT The project will retain 6 office and 42 field employees. The average hourly wage is $25 per hour. This is a payroll of approximately $2,496,000. The project will create 5 office and 25 field positions in the first two years with a payroll of $1,560,000. South Bend Common Council RE: Tax Abatement for J.J. White, Incorporated June 3, 2014 Page 3 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 South Bend Redevelopment designation areas finds that the property is located in the Airport Economic 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. v O a O c 41 3 C "O m m w i °o H 00 00 O Vpf N 0 0 0 0 N M vj OMi O 00 00 N vet N o m N H M Oi N d w m m o 1- N M O H d H e N � ✓ A ry m x N N O d W U i K O y e � H C N Y x 0 O N o Z« a r y 3 ~ d y � W � oo AM O N O O N O 0 Ln O M 00 0 0 M C X N N y rj C N f N U H W O N � � H N N p E 5 � N N > N a � y v T N O � N y y .. 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C f0 10 m X c d m M M N N O w N m J J J Y d CXX G Q . loss JJ White, Inc. - Midwest J.J. White, Incorporated 6usin'ess serrfcture , I ` Commercial /Industrial General, Electrical, and Service Contractor wP pr J c t 'i 1904 N. Kenmore Street fn, A Vice President of Midwest Operations r "'P y ;f JJ White, Inc. (Purchasing Entity) C1ty State Zip -- South Bend, IN 46628 Cfty State Zrp ... .South Bend, IN 46601 tegatowner Martell Properties, LLC sheageageoracredge reg -red -' -_:- 2.48 Acres Key Bank, Saint Mary's College, AEP, NIPSCO, D.C. Cook Nuclear Plant, Honeywell Aerospace South Bend, AT &T, Four is theyeal "estate awned or „'`' - , , Possible Purohase Squad— feetoffaalltg: - �. Our Midwest Regional Office has experienced significant growth in the South Bend area and would like to make South Iflease}i by=who�n . Through the purchase and improvements to the 1904 Kenmore St. facility, J.J. White, Inc. would have the facility necessary 26,959 to accommodate and facilitate our aggressive growth model and forecast as well as lay down permanent ties to South Bend and the Midwest Region. Larry Pearson J.J. White, Inc. is a large multifaceted self performing general, mechanical, and electrical contractor headquartered in fn, A Vice President of Midwest Operations AddYess ofcompanyF ontact�i 921 S. Main Street propertyls necessary : far ! Phone ”: 574 - 292 -9416 Cfty State Zrp ... .South Bend, IN 46601 Email " - -A pearson @jwhiteinc.com pu- My - James J. White, IV �- President /CEO Addressofpompany mntact , O f different from! Phone , _,; 5500 Bingham Street - 215 -722 -1000 City, statd Zip r Philadelphia, PA Email jwhite whiteinc.com company protect and why the J.J. White, Inc. is a large multifaceted self performing general, mechanical, and electrical contractor headquartered in Philadelphia, PA. In July of 2012, J.J. White, Inc. opened an office in South Bend, IN to further pursue opportunities in the propertyls necessary : far ! Midwest Region. economic growth Our client list currently includes The University of Notre Dame, the City of South Bend, SL Joseph County, 1at Source Bank, Key Bank, Saint Mary's College, AEP, NIPSCO, D.C. Cook Nuclear Plant, Honeywell Aerospace South Bend, AT &T, Four Winds Casino, and others. -.. Our Midwest Regional Office has experienced significant growth in the South Bend area and would like to make South Bend the permanent location and hub of our Midwest Operations efforts. . Through the purchase and improvements to the 1904 Kenmore St. facility, J.J. White, Inc. would have the facility necessary to accommodate and facilitate our aggressive growth model and forecast as well as lay down permanent ties to South Bend and the Midwest Region. Y r L wniius,ne �'Oo rw. , , I I I N/A 5541,200 ert,,� -- ; \,. 12.OW 1; . projected -i -II Z�' 'i-P 11 171o,000 What, is the tax kR,vqqnW' his P!i?ieW Tax ID M 025-1006-030001; Parcel ID M 71 -0333 -200- 016.000 -009 See Attached Please list the amount �!rea pe±sonal,properry tax S Real Proplrty7axe5: Pemnal P roperty7a.S 'laqo paid for the la"" years A applicable. - _An... S. Develop Based on Local University Research Year 0 2013 - $3,569.02 0 2012- $1703.76 0 Year Three 0 Size Projects (point values are cumulativeL- 0 YeaV lowto 199%- S. -o 0 1300% - to 399% 0 Year RVe 0 0 I P61566 Benefit ite M-: 5 A. Redevelop a Site that has Special Needs S. Develop Based on Local University Research C. Achieve 6 Physical Element of a Plan ISub-total Project Related: 6 Super Size Projects (point values are cumulativeL- A. 1 lowto 199%- S. 200% to 299% C. 1 1300% - to 399% C. 1 46091 andOwr IsuiLtow Super Size Projects: 7 Payfor Municipal Infrastructure: A. P39 to - r OversWing or Upgrading B. Payjor.26-50% of Extension Cost C. Pay for 51-75% of Extension Cost . D. Pay 76-100 %of Extension Cost Sub -total lilifraistiructure Related: yotal from Applicant Section: Total Public Benefit Points: 25 68 65 52 0 210 14 26 39 52 0 131 315 539 0 461 � 1000 C, N 1) How do I pay my petition filing fee? Yourpetition jilingfee can be paid either in person or via mail to: City Clerk's Office Attn: Deputy City Clerk 227 West Jefferson Blvd. a 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 come from the Small Business Administration. This funding must be applied for to be received. 5) Total training expenditure -not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount 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 con intzelm` an in the Department of Community Investment at 574.235.5842 or email atsheintze southben ia:=ll d In ' Cr_ .____ '-'� C . 2014 rr vuiJ7' Cs�F CITY 4Rp(�, �UTF6 9FND, IN CREeD District Boundary Glace' Soub : Sou _. Fob �Ner {yow J PoWnd Dunham Tuner Tun Tun ma Sample _. Ohio _ _.. Gars, — LL 3 Smll IgnNon . BM"ay . P _ wartl _5 Haney: N Legend CaEaD Palnq Q Some Bond varais e ; 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that come from the Small Business Administration. This funding must be applied for to be received. 5) Total training expenditure -not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount 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 con intzelm` an in the Department of Community Investment at 574.235.5842 or email atsheintze southben ia:=ll d In ' Cr_ .____ '-'� C . 2014 rr vuiJ7' Cs�F CITY 4Rp(�, �UTF6 9FND, IN Filed in Cleric's 0f iC-; -- STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS JUN j 2 N14 Stale Form 61767 (R412.13) Prescribed by the Department of Local Govemm nt Fine ce This statement is being completed for real property' ❑ Redevelopment or rehabilitation of real estate irn ❑ Residentially distressed area (IC 6- 1.1- 12.14.1) INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public heating tithe 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 orrehablliation ofteal property for which the person wishes to claim a deduction. "Projects° planned or wmmlfted to ofterJu)y 1, ig87, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (!C 6-1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained pdorto Initiation of the mdevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, a Form 3221RE must be filed with the CountyAuddor before May 101n the year in which the addition to assessed valuation is made or not later than thirty (30) days afterthe assessment notice is mailed to the property owner if it was mailed afterApol 10. If the property owner misses the May 10 deadline in the initial yearofoccupation, he can apply between March i and May 10 of a subsequent year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF- ]/Real Property annually to the application to show compliance with the Statement of Benefits. (IC 6-1.1- 12.1- 5.1(b) and IC 6.1.1- 12.1- 5.3(j)j. 5. The schedules established under IC 6 -1.1- 12.1 -4(d) formhabilitated property apply to any economic revita!ization areas designated after June 30, 2000, unless an alternative deduction schedule is adopted by the designating body (IC 6-1.1- 12.1 -17). The schedules effective. priorto July 1, 2000, shall continue to apply to economic revitalization areas designated before July 1, 2000. SECTION O Name of taxpayer JJ White, Incorporated Address or taxpayer (number andstreet. city. state, and ZIP code) 5500 Bingham Street, Philadelphia, PA 19120 Name of contact person Telephone number E E -mail address Tony Bogard (574 ) 307 -7310 t tbogardQvraeinc.com SECTION • • I DESCRIPTION OF •••• I PROJECT Name of designating may R Resolution number Location of property C County D DLGF taxing district number 1904 N. Kenmore St, South Bend, IN 46628 S St. Joseph Description or real property improvements. redevelopment, or rehabilitation (use addi(ionalsheers irnecessary) E Estimated start date (month. day, yeao Purchase and improvements to 1904 N. Kenmore St, South Bend, IN 46628 to accommodate JJ white, Inc.'s Midwest Operations. Improvements 8 811114 include minor once buildout as we as new painting throughout interior and exterior of building. new monument sign, new site fence. and parking lot Estimated completion date (month, day, year) improvements. E 9rKY14 SECTION 3 ESTIMATE OF EMPLOYEESAND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number relaine0 Salaries Number additional Salaries 110f6ce /60 Field 17,7000Poce /62,00 Field /Wk 60Fce 142 Fieltl 8,5000Fce/43.680 Fieltl /wk SECT[ON 4 ESTIMATED TOTAL COSTANDVALUE OF ••• I PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values - 6 625,000 Plus estimated values of proposed project 1 100.000 Less values of any property beIn2 replaced 0 0 Net estimated values upon completion of prdect 7 725,000 SECTION • • AND OTHER B BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted (pounds) 0 E Estimated hazardous waste converted (pounds) 0 Other benefits SECTION 6 TAXPAYER CERTIFICATION I hereby Certify the is representations in this statement are true. Signatureorau T Title D Date signed (m fh, y. year) 11 Page 1 of 2 / / FOR USE OF THE DESIGNATING BODY 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 lo: 1. Redevelopment or rehabilitation of real estate Improvements m Yes ❑ No 2. Residentially distressed areas ❑ Yes 13 No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (spechy) 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 -177 ❑ Yes ❑ No If yes, attach a copy of the alternative deduction schedule to this form. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the lolallly of benefits Is sufficient to Justify the deduction described above. Approved (signature and title ofauthanzed memberoldesignating body) Telephone number Date signed (month, day. year) Attested by (signature and title olallested 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 6-1.1 - 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), she (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 30, 2000, and is not in a residentially distressed area, the deduction period may not exceed ten (10) years. Page 2 of 2 1904 N Kenmore St. South Bend. IN 46628 Directions. Location and Map I MapQuest Notes F' mapquest Map of: 1904 N Kenmore St South Bend, IN 46628 -1637 1 it t [Y L S �, mapq�s:t 20i om Vrwresc U: 0 Z SOUTHBENO AIR1PORT N A' Page 1 of 1 02014 MapQuest - Potions 62014 TomTg111 I Terms I Privacy 02014 MBpOuesl Inc Use of Onadions en0 maps s scared 10 Ina Mee0ues1 Terns of Use We make W guarantee of IM eccaracY of Ihmr content You assume all risk of use Vlev. T¢s f lee Iwo r0 ('9n0egn5 orraN¢ Usability 1Tttp:! /Nm•H ,"- .maDouest.com/ print? a= ann .core.edaf72d334459dd2Q2f'34h36 f111.101 A Eft HLP ! (okwlOmn L4,a QreParlS raartn: PrapelXPm Vs Rau _ }e posy gylNen <a $pen, jeLerrty Sarkmty C<Ip &lp p�Ratwk 4 t > :S5I:1:9A i'S S>:]JN Vy344 F�—Z—t� i 40dnr Yd:9 vr•_].l I Pa'x'4AMev 19:l r, llr,M?gESi YUTHEEIIL ll1 <663 Gnr tta!t[ Nara llC I Ce,cyun 3%gaS�: i6]EdW &p yPr f5 Hp 5. pv Se en• Rall}G.bfCYL:i a6(a pease ewc :laa ]5: Seat Ba4. Vi Lx.q Nro Y] !'td13EL TL$p[4VgK% $TtTES U WE l3l •--- _• - - -_ __� _ YugelSkdeA IPexe �raly PNVI pe11 W( . P. F PRETIE CiEg SWara FaWa➢a Avypa >t :3 :J]S.e Is 55:I PPoFIigY 6:5 4 MOD F9euwe :3 :nmce Pewen a mllu 19 AV.IU�4DJUStA.FYt I I IeVra mute fnemvu-enl4,wat 1536.';[ L Yea ErIY 5 Castle feMWn FMadlre rtPa tae roem+ea 15L}:. I {{"^TYpe 1 teeY 1YN Yet LI p] AY kstel M1en ly^e Teneaavl� Nea Ll,mv �a p % ieNa'SG Atalxa T6naayy5y44kairta 4 ?] r Ik.tlMlvstl LLei ii)M ADDRESS EfMRETRM'S . }NSE d xLUal4 ster n Si R~ �°iP° CHJLFirI �NiMV ' TO YlHO f -A PD. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, THE CITY OF MISHAWAKA, INDIANA AND ST. JOSEPH COUNTY, INDIANA REGARDING THE USEPA BROWNFIELDS ASSESSMENT GRANT APPLICATION STATEMENT OF PURPOSE AND INTENT WHEREAS, the City of South Bend, Indiana ( "South Bend ") is an Indiana political subdivision for purposes of I.C. 36 -1 -7 and is authorized to enter into an Interlocal Agreement with other Indiana political subdivisions pursuant to IC 36 -1 -7; and WHEREAS, the City of Mishawaka, Indiana, ( "Mishawaka ") is an Indiana political subdivision for purposes of I.C. 36 -1 -7; and WHEREAS, St. Joseph County, Indiana, ( "County ") is an Indiana political subdivision for purposes of I.C. 36 -1 -7; and WHEREAS, by Resolution No. 4313 -14 passed by this Council on January 13, 2014, the City of South Bend for itself and the the City of Mishawaka, and the County of St. Joseph (collectively "the Coalition "), is applying for a United States Environmental Protection Agency ("USEPA ") Grant ( "the Grant") in the sum of $600,000.00 for Brownfields Assessment. WHEREAS, South Bend will enter into a contract with Symbiont Science, Engineering and Construction, Inc. ( "Symbiont") which will prepare the USEPA Brownfields assessment grant application on behalf of the Coalition; and WHEREAS, Symbiont will prepare the Grant application at no cost to the Coalition, however, in the event that the Coalition is awarded the Grant, a sum, not to exceed Twenty Four Thousand Dollars ($24,000.00) would be due to Symbiont (the "Symbiont Fee "); and WHEREAS, South Bend, Mishawaka and the County desire to share the Symbiont Fee based upon the percentages set forth in that certain Interlocal Agreement between South Bend, Mishawaka and the County; and WHEREAS, South Bend, Mishawaka and the County desire to enter into an Interlocal Agreement for that purpose. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. Interlocal Agreement Authorized The South Bend Board of Public Works is authorized to enter into an Interlocal Agreement, in the form attached hereto, with Mishawaka and the County. Section 2. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Common Council. Dated this day of 2014. Fu,S >rt U0 � •.JIG+. Member of the Common Co cil ^�t_)/t,}y ,r[ p Mi � • r 5 itr tb. f^M.i �!?3) eo�l (�j�r,'ti,ip+��'C:7ii.., . >, i(s: •t• Yr�. L:.w'� �1ilYiisJax fi�ifiii �xa c�:i+> vw+s's�Qa , y. Filed in 6#1ce E JUN 1 a 2014 CITY CLERK, SO TH BEND, IN Filed CITtt C > ,.....�ti,nt 1m4�PtfI (8VNV89140,IN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA THE CITY OF MISHAWAKA, INDIANA, AND ST. JOSEPH COUNTY, INDIANA (Symbiont Cost Sharing Project) THIS INTERLOCAL AGREEMENT ( "Agreement ") is entered into the day of 2014, by and among the City of South Bend, Indiana, the City of Mishawaka, Indiana, and St. Joseph County, Indiana. RECITALS WHEREAS, political subdivisions of the State of Indiana are authorized to enter into an Interlocal Agreement with other Indiana political subdivisions pursuant to IC 36- 1-7-1; and WHEREAS, the City of South Bend, Indiana, ( "South Bend ") is an Indiana political subdivision for purposes of I.C. 36- 1 -7 -1; and WHEREAS, the City of Mishawaka, Indiana, ( "Mishawaka ") is an Indiana political subdivision for purposes of I.C. 36- 1 -7 -1; and WHEREAS, St. Joseph County, Indiana, ( "County ") is an Indiana political subdivision for purposes of I.C. 36- 1 -7 -1; and WHEREAS, South Bend will enter into a contract, in the form of Exhibit "A" attached hereto, with Symbiont Science, Engineering and Construction, Inc. ( "Symbiont ") to prepare a grant application for a United States Environmental Protection Agency Brownfields Coalition Assessment Grant (the "Grant ") on behalf on South Bend, Mishawaka and the County (collectively, the "Coalition" or the "Parties "); and WHEREAS, the Grant would provide Six Hundred Thousand Dollars ($600,000.00) (the "Grant Funds ") for the benefit of the Coalition; and WHEREAS, Symbiont will prepare the Grant application at no cost to the Coalition, however, in the event that the Coalition is awarded the Grant, a sum, not to exceed Twenty Four Thousand Dollars ($24,000.00) would be due to Symbiont (the "Symbiont Fee "); and WHEREAS, South Bend, Mishawaka and the County desire to share the Symbiont Fee based upon the percentages set forth in this Agreement and they further desire to administer any Grant funds pursuant to the terms of this Agreement; and WHEREAS, South Bend, Mishawaka and the County desire to enter into this Agreement for that purpose. NOW, THEREFORE, in consideration of the mutual promises and obligations in this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows: The purpose of this Agreement is to provide for the administration of the Grant Funds and for cost sharing of the Symbiont Fee among the Parties. South Bend has experience in employing environmental consultants, engineering contractors and administering similar grant awards. Mishawaka and the County wish to utilize the expertise and experience of South Bend's staff and the South Bend Board of Public Works in administering the Grant and further, to reimburse South Bend for a portion of the Symbiont Fee as more fully set forth herein below. II. PROJECT FUNDS AND DUTIES a. Budget. The total cost of the Symbiont Fee is anticipated not to exceed the sum of Twenty Four Thousand Dollars ($24,000.00). South Bend will pay the Symbiont Fee initially and Mishawaka and the County will reimburse South Bend as follows: Mishawaka 25% (up to $6,000.00) St. Joseph County 25% (up to $6,000.00) Each of Mishawaka and the County shall pay such percentage share to South Bend, upon notice from South Bend that South Bend has paid all or a portion of the Symbiont Fee. b. Duties of South Bend. South Bend hereby agrees as follows: i. South Bend has retained Symbiont to prepare the Grant application on behalf of the Coalition. South Bend will continue to provide information to Symbiont to assist in the Grant application. There is no cost to South Bend or to the Coalition for the preparation of the Grant application. 2 ii. In the event the Grant is awarded to the Coalition, South Bend will administer the Grant Funds in accordance with this Agreement. iii. Subject to the Grant Funds being awarded, South Bend shall enter into any contracts or agreements reasonably necessary to complete the project. iv. South Bend shall supervise and administer all necessary contracts or agreements with any contractors, including Symbiont. V. The Controller for the City of South Bend shall have the duty of receiving, discharging, and accounting for all the monies of this joint undertaking and shall make payments upon authorization from South Bend's Board of Public Works. C. Duties of Mishawaka and the County. Mishawaka and the County hereby agree as follows: i. Mishawaka and the County shall each pay its percentage share of the Symbiont Fee to the Controller for the City of South Bend with said monies to be used in accordance with this Agreement. Such percentage share shall include the following: Mishawaka 25% (up to $6,000.00) St. Joseph County 25% (up to $6,000.00) III. ADMINSTRATION This Agreement shall be administered by a committee (the "Coalition Committee ") comprised of Christopher Dressel, representing South Bend, Kenneth Prince, representing Mishawaka, and John Lankowicz, representing the County (or the successor of each) and the Board of Public Works for the City of South Bend shall be designated as the contracting agency on behalf of the Coalition Committee. Contracts, modifications or adjustments that modify the Symbiont Fee shall be subject to the approval of all Parties to the Agreement via facsimile or email. Upon completion of the project, a final audit shall be performed by the City of South Bend and submitted to the Coalition Committee. All approved costs in excess of the stated Symbiont Fee shall be shared in the same percentages as set forth above. Mishawaka and the County agree to make payment to South Bend for the full amount of each Party's percentage amount within a period not to exceed thirty (30) days from receipt of notice from South Bend that payment to Symbiont has been made by South Bend. South Bend shall advise all Parties to this Agreement of any contracts, modifications or change orders that modify the Symbiont Fee via e -mail or facsimile. Upon completion of the project, a final audit shall be performed by South Bend. N IV. DURATION This Agreement shall go into effect when it has been approved by the legislative bodies of South Bend, Mishawaka and the County, respectively, and the Agreement has been recorded with the St. Joseph County Recorder. This Agreement shall terminate on the earlier of (i) substantial completion of the project or (ii) December 31, 2019. Date: 2014 CITY OF MISHAWAKA, INDIANA Printed ame and Title Date: 2014 ST. JOSEPH COUNTY, INDIANA rmrr<iucmrrrrm- 0 Date: , 2014 CITY OF SOUTH BEND, INDIANA Signature rinse ame and Title STATE OF INDIANA ) ) ss: ST. JOSEPH COUNTY) Before me, a Notary Public in and for said County and State, personally appeared to me known to be of the City of South Bend, Indiana, and acknowledged the execution of the foregoing document on the day of 2014. My Commission Expires: , Notary Public Residing in St. Joseph County, Indiana STATE OF INDIANA ) ) ss: ST. JOSEPH COUNTY) Before me, a Notary Public in and for said County and State, personally appeared , to me known to be of the City of Misawaka, Indiana, and acknowledged the execution of the foregoing document on the day of 2014. My Commission Expires: , Notary Public Residing in St. Joseph County, Indiana STATE OF INDIANA ) ) ss: ST. JOSEPH COUNTY) Before me, a Notary Public in and for said County and State, personally appeared , to me known to be of St. Joseph County, Indiana, and acknowledged the execution of the foregoing document on the _ day of 2014. My Commission Expires: , Notary Public Residing in St. Joseph County, Indiana I affirm, under the penalties for perjury, that I have taken reasonable care to react each Social Security number in this document, unless required by law. Lawrence J. Meteiver This instrument was prepared by Lawrence J. Meteiver, Assistant City Attorney, 1200 S County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601, (574) 235 -9294. 5 Exhibit "A" Symbiont Professional Services Agreement AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND SYMBIONT SCIENCE, ENGINEERING AND CONSTRUCTION, INC. THIS AGREEMENT is made effective the day of January, 2014, by and between the City of South Bend, Indiana, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works ( "City ") and Symbiont Science, Engineering and Construction, Inc. (a foreign corporation organized under the laws of the State of Wisconsin, licensed to do business in the State of Indiana, and having its principal place of business at 6737 W. Washington Street, Suite 3440, West Allis, WI 53214 ( "Contractor "). RECITALS WHEREAS, Contractor has experience and expertise in environmental consulting and planning that may prove beneficial to the City in these efforts; and WHEREAS, the City desires to retain the services of Contractor to prepare an application for a United States Environmental Protection Agency (USEPA) Brownfields Coalition Assessment grant for fiscal year 2014,and Contractor is willing to assist the City in its efforts; and WHEREAS, the City has determined that due to Contractor's experience and expertise, it is in the best interests of the City to retain Contractor's services under the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and Contractor hereby agree as follows: Section 1. Duties of the Contractor. The Contractor shall provide the Services which are more particularly described in the proposal submitted by Symbiont dated January 20, 2014, designated Exhibit "A" attached hereto and incorporated herein. The Contractor shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. Section 2. Consideration. The Contractor will be paid as set forth at Exhibit "A ". Symbiont will provide the grant application assistance at its own risk, with no compensation unless the application is successful. Should the grant be funded and Symbiont is retained to implement the grant, Symbiont's compensation for grant preparation services will be waived. If the application is successful and Symbiont is not awarded the project implementation, Symbiont's compensation would be 4% of the USEPA grant amount (i.e., $24,000 for a $600,000 grant). Any payment that the City may deny or withhold or delay shall not be subject to penalty or interest under Indiana Code § 5 -17 -5. Section 3. Term. This Agreement shall be effective upon execution ( "Effective Date ") and shall end on December 31, 2017 ( "Expiration Date "). Section 4. Assignment; Successors. The Contractor shall not assign or subcontract the whole or any part of this Agreement without the prior written consent of the City. Section 5. Changes in Scope of Services. The Contractor understands and agrees that it shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by Contractor in the absence of prior written approval of the Parties. Section 6. Governing Law; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The Contractor agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. Contractor shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. Further, the City shall not be required to pay for Services that are inconsistent with or in violation of this Agreement nor for any Services performed in violation of federal, state or local statute, ordinance, rule or regulation Section 7. Relationship/Independent Contractor. Both parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one party shall not be deemed or construed to be the employee(s) or agent(s) of the other party for any purpose whatsoever. Neither party will assume liability for any injury (including death) to any person(s), or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the other party. The Contractor shall be solely responsible for providing all necessary unemployment and workers' compensation insurance for the Contractor's employees. Contractor is solely responsible for compliance with federal, state and local laws and regulations relating to taxes and social security payments that may be required to be made in connection with the compensation provided under this Agreement. The City, however, may file informational returns with the United States Internal Revenue Service or similar state agency regarding payment made to Contractor in accordance with this Agreement under conditions imposed by federal, state or local laws applicable to such payment. The City shall provide IRS Form 1099 if applicable. Section 8. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. 2 Section 9. Funding Cancellation and Payments. In accordance with I.C. 36-1-12.5 - 5(d)(4), payments by the City are subject to annual appropriation by its fiscal body. When the City makes a written determination that funds are not appropriated or otherwise available to support continued performance of this Agreement, this Agreement shall be cancelled. A determination by the City that funds are not appropriated or otherwise available to support continuation of the performance shall be final and conclusive. Section 10. Termination. This Agreement may be terminated, in whole or in part, by the City whenever, for any reason, the City determines that such termination is in the best interest of the City. Termination shall be affected by delivery to the Contractor of a Termination Notice at least thirty (30) days prior to termination effective date, specifying the extent to which performance of services under which such termination becomes effective. The Contractor shall be compensated for performance prior to the notice date of termination but in no case shall total payment made to Contractor exceed the original Agreement price due on Agreement. No price increase shall be allowed on individual line items if canceled only in part. Section 11. Non - Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he /she is the Contractor, or that he /she is the properly authorized representative, agent, member or officer of the Contractor, that he /she has not, nor has any other member, employee, representative, agent or officer of the Contractor, directly or indirectly, to the best of the undersigned's knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he /she has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the fact of this Agreement. Section 12. E- Verify. The Contractor affirms under the penalties of perjury that he /she /it does not knowingly employ an unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of all his/her /its newly hired employees through the E -Verify program as defined in IC 22- 5- 1.7 -3. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. The Contractor is not required to participate in the E -Verify program should the E- Verify program cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self - employed and does not employ any employees. The Contractor shall require his/her /its subcontractors, who perform work under this contract, to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E- Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. The City may terminate for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 3 Section 13. Minority and Womens Enterprise Diversity Development. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ( "MBE ") or as a Women's Business Enterprise ( "WBE ") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE /WBE; however, it may not unlawfully discriminate against said WBE /MBE. A finding of a discriminatory practice by the City's MBE /WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. Section 13. Corporate Authority. The person signing on behalf of the Contractor represents that he /she has been duly authorized to execute this Agreement on behalf of the Contractor, and has obtained all necessary and applicable approvals to make this Agreement fully binding upon the Contractor after acceptance by the City. Section 14. Drug -Free Workplace. The Contractor hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Contractor will give written notice to the City within ten (10) days after receiving actual notice that the Contractor or an employee of the Contractor within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. (Remainder ofpage intentionally left blank) 0 IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. SYMBIONT SCIENCE, ENGINEERING AND CONSTRUCTION, INC. Signature Printed ame an it e trees ress. City, State Zip e ep one ax CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Kathryn Roos, Member David Relos, Member Brian Pawlowski, Member Patrick Henthorn, Member ATTEST: Linda Martin, Clerk Signature Page to Service Agreement by and between Board of Public Works and Symbiont Science, Engineering and Construction, Inc. EXHIBITA Proposal Submitted by Symbiont Science, Engineering and Construction, Inc. dated January 20, 2014 EXHIBIT , Mr. Christopher Dressel Planner City of South Bend 227 W. Jefferson Blvd. South Bend, IN 46601 S i MBi.ON'CRwI gat CGM N,,UO 748 7:22 6737 V t:t Vfv St c., Strcvt -u to ;emo 1t u.iku.. VA ti 2.14 January 20, 2014 RE: Proposal to Provide Assistance for Preparation and Submittal of a Grant Application to the United States Environmental Protection Agency (USEPA) for Brownfields Coalition Site Assessment Grant Funds Symbiont Proposal No. 33374 Dear Mr. Dressel Symbiont is pleased to submit this proposal to the City of South Bend to prepare an application for a United States Environmental Protection Agency (USEPA) Brownfields Coalition Assessment Grant. It is our understanding that the City of South Bend, St. Joseph's County, and the City of Mishawaka will represent the coalition members for the basis of this proposal. Assessment grants provide funding for developing inventories of brownfields, prioritizing sites, planning redevelopment, conducting community involvement activities, and performing site assessments and cleanup planning related to brownfields sites. The grant application would be submitted as part of the USEPA Brownfields Grant competition for Fiscal Year 2014. The 2014 grant application guidelines are available at http: / /www.ei)a.gov /brownfields /i)dfs /fvl4- epa - oswer- obir- a.odf. Grant applications are due on January 22, 2014. Given the increasingly challenging environment for developers, funding to perform environmental assessment activities and planning could be a significant tool in allowing the City of South Bend, St. Joseph County, and the City of Mishawaka to support high priority development projects over the next 3 years. By applying for a coalition assessment grant as part of this year's competition the coalition members could have a readily available source of funding for developing a comprehensive brownfieid inventory, c and for environmental assessment, investigations, area -wide planning and remedial O planning activities needed for redevelopment projects that occur during the anticipated grant implementation period of October 2014 through September 2017. a% It is our understanding that the City of South Bend, as required by USEPA guidelines, has been identified as the lead coalition member and; if funded, the City of South Bend will be responsible for administration of the grant, be accountable to the EPA for proper j expenditure of the funds, and will be the point of contact for the other coalition members. The goal will be to ultimately function as a Brownfields Team that represents all parties O interested. MAL 1 -A 1- 33374320. doc © 2013 Symbiont %7 Q' 1. I- Mr. Christopher Dressel City of South Bend January 20, 2014 Page 2 A Memorandum of Agreement (MOA) documenting the coalition's site selection process must be in place prior to the expenditure of any funds that may be awarded. It is up to the coalition to agree internally about the distribution of funds and the mechanism for implementing the assessment work. SCOPE OF WORK Symbiont is recommending that the City of South Bend, St. Joseph County, and the City of Mishawaka complete the following USEPA grant application: A coalition assessment grant to evaluate brownfields sites impacted by hazardous substances and/or petroleum products. The grant would provide $600,000 in funding. The activities to be performed by Symbiont as part of the grant application will include: n Writing of the narrative proposal for the grant application. Assisting the City of South Bend with solicitation of letters of support from the State of Indiana, Congressional representatives, and other stakeholders. V Assist in establishing a MOA between the coalition members. Completing other activities, as necessary, to prepare a grant application with the greatest likelihood of success. SCHEDULE The application deadline for the Fiscal Year 2014 competition is January 22, 2014. A draft copy of the application will be submitted to the City of South Bend at least one week prior to the application deadline. It is anticipated that grant awards will be announced during' April or May 2014, with a cooperative agreement in place on or before October 1, 2014. r,•, The project implementation period to be specified in the cooperative agreement will likely �I' be October 1, 2014 through September 30, 2017. Q COST L Symbiont will provide the grant application assistance at our risk, with no compensation unless the application is successful. It is our understanding, if the grant is awarded the 0 City of South Bend is anticipating is may issue two different RFPs, for professional u services related to implementation of the coalition assessment grant. MAL1-A1- 33374- 320.doc _ ©2014 Symbiont I__ Mr. Christopher Dressel City of South Bend January 20, 2014 Page 3 • Should the grant be funded and Symbiont is not selected for the GIS project (GIS Mapping, Brownfield Planning and Phase I ESA Area Survey, Corridor Examinations), which is expected to be 33.3% of the funded grant, Symbiont's fee for this application preparation would be 2% of the entire grant amount (i.e., $12,000 for a $600,000 grant), and • Should the grant be funded and Symbiont is not selected for the Environmental Project (Phase Is, Phase Its, Remediation Action Plans), which is expected not to exceed 66.7% of funded grant, Symbiont's fee for this application preparation would be 2% of the entire grant amount (i.e., $12,000 for a $600,000 grant). • If the grant is not funded, Symbiont will not be compensated for preparation of the grant application. STANDARD TERMS AND CONDITIONS Provided within this proposal is our standard rate sheet and Terms and Conditions of Agreement, Form S -1 10 -2013, which is an integral part of our contract for professional services. Please indicate your acceptance of this proposal and these Terms and Conditions by having an authorized representative sign one copy and return it to Symbiont. Thank you for the opportunity to provide you with this proposal. Please call Ryan Eckdale- Dudley at 414 - 755 -1131 (direct line) or 414 - 702 -6342 (cell phone) if you have any questions regarding this proposal or require additional information. Sincerely, �SYMBIOO v SYMB�N ® amt ro ckdale- Dudley, GISP Patrick W. Carnahan., P.E. �. Senior Project Manager Vice President ty Attachment LL "v L-' �n MALI -Al - 33374-320.doc -� © 2014 Symbiont Mr. Christopher Dressel City of South Bend January 20, 2014 Page 4 ACCEPTED BY: CLIENT: City of South Bend SIGNATURE: TITLE: DATE: Symbiont considers the project approach, design, pricing, data, and other business considerations contained in this proposal to be proprietary and confidential business information to be used solely for the purpose of evaluating the proposal. This document and the information contained herein shalt not be used for any purpose other than as stated above and shelf not be used, duplicated, or disclosed to any other party without Symbiont's prior written consent. n i r, v: (y it LI Q: v� MAL1 -Al - 33374- 320.doc — © 2014 Symbiont ,'_/ STANDARD RATE SHEET 2014 RATE SCHEDULE Through January 2, 2015 Through our experience with industry and other consulting firms, we recognize a vital client concern is the need for maximum engineering effort at a rate that reflects minimum overhead. This schedule is indicative of that concern. PROFESSIONAL AND TECHNICAL STAFF Principal Engineer /Scientist .............................. ............................... $186/hr Senior Engineer /Scientist /Project Manager ...... ............................... $100 - $170 /hr Engineer /Scientist/Project Manager ................. ............................... $85 - $115/hr Controls & Programming ................................... ............................... $83 - $163/hr CAD Designer ................................................... ............................... $56 - $89 /hr Engineering Technicians /Field Services ............. ............................... $60 - $88 /hr OfficeServices .................................................. ............................... $60 /hr Reimbursable Expenses .................................... ............................... Cost + 10% All rates are subject to change. C:%Accoun6ngtRate Sheets and Charge Back Sheets @014 Symbiont Rate Sheet.ao" TERMS AND CONDITIONS `�`-� a :ers -u- -rns;c onsi+��cions FORMS -110 -2013 SYMBIOW SCIENCE, ENGINEERING AND CONSTRUCTION, INC. TERMS AND CONDITIONS OF AGREEMENT These Terms and Conditions of Agreement form the Agreement under which services are to be performed by Symbiont Science, Engineering and Construction, Inc. (hereinafter referred to as Symbiont) upon acceptance of the attached Proposal by the Client. The Scope of Work, Project Cost and Project Schedule sections of the attached Proposal are incorporated by reference into these Terms and Conditions of Agreement and are part of the Agreement. Article 1. Scope of Work It is understood that the Scope of Work and the Project Schedule defined in the Proposal are based, in part, on the information provided by the Client. If this information is incomplete or inaccurate, or if site conditions are encountered which materially vary from those indicated by the Client, or if the Client directs Symbiont to change the original scope of work established by the Proposal, a written amendment to this Agreement equitably adjusting the costs and /or performance time thereunder, shall be executed by the Client and Symbiont as soon as practicable in accordance with Article 28 below. In the event that the Client and Symbiont cannot agree upon the terms and conditions of such amendment, either party may terminate this Agreement immediately upon written notice to the other in accordance with Article 9, Termination. Symbiont shall perform only the services specified in the Scope of Work portion of the Proposal or an amendment thereto as referenced above. Services provided by Symbiont shall be subject to the provisions of this Agreement, including these Terms and Conditions of Agreement, any supplemental conditions incorporated herein, and any written amendments as referenced above. Symbiont shall invoice its costs, and Client shall provide payment for all services provided in accordance with Article 2 below. Article 2. Fees, Billing and Payment Symbiont's fee estimate is effective for thirty (30) days from the date of the Proposal. Thereafter, Symbiont shall have the right to modify its fee estimate. The Client recognizes that Symbiont's fee estimate does not include potentially applicable sales and use taxes. The Client recognizes that time is of the essence with respect to payment of Symbiont's invoices, and that timely payment is a material part of the consideration of this Agreement. Invoices will be submitted by Symbiont no more frequently than monthly, and shall be due and payable within thirty (30) calendar days of the invoice date. If the Client objects to all or any portion of an invoice, the Client shall so notify Symbiont within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice, if any, not in dispute. In the event that Symbiont and the Client cannot resolve the dispute regarding invoiced amounts within thirty (30) days after receipt by Symbiont of the aforementioned notice, the dispute shall be submitted to dispute resolution pursuant to Article 11, below. The Client shall pay an additional charge of one - and - one -half (1.5) percent (or the maximum percentage allowed by law, whichever is lower) of the invoiced amount per month for any payment received by Symbiont more than thirty (30) calendar days from the date of the invoice, excepting any portion of the invoiced amount in dispute and resolved in favor of Client. Payment of invoices is in no case subject to unilateral discounting or setoffs by the Client. Application of the percentage rate indicated above as a consequence of the Client's late payments does not constitute any willingness on Symbiont's part to finance the Client's operation and no such willingness should be inferred. If the Client fails to pay undisputed invoiced amounts within thirty (30) calendar days of the date of the invoice, Symbiont may at any time, without waiving any other claim against the Client or the right to pursue any other remedy against the Client and without thereby incurring any liability to the Client, suspend this Agreement, as provided for in Article 8, Suspension, or terminate this Agreement, as provided for in Article 9, Termination. Article 3. Confidentiality Symbiont and Client shall hold confidential all business or technical information obtained from the other or its affiliates under this Agreement for a period of five (5) years after obtaining such information, and during that period shall not disclose such information without the other's consent except to the extent required for (1) performance of services under this Agreement; (2) compliance with professional standards of conduct for preservation of the public safety, health and welfare; (3) compliance with any law, regulation, ordinance, subpoena, court order or governmental request; or (4) protection of the disclosing party against claims or liabilities arising from performance of services under this Agreement. In the event disclosure may be required for any of the foregoing reasons, the disclosing party will, except where immediate notification is required by law or regulation or is, in the judgment of Symbiont's counsel required to limit Symbiont's liability, notify the other party in advance of disclosure. The parties' obligations hereunder shall not apply to information in the public domain or information lawfully acquired on a non - confidential basis from others. R: \contract Administration \Symbiont Client 10 -2013 Page 1 of 6 FORMS- 110.2013 Article 4. Independent Contractor Relationship The relationship between the Client and Symbiont created under this Agreement is that of principal and independent contractor. Symbiont shall serve as an independent consultant to the Client and shall be responsible for selecting the means and methods that services will be provided under this Agreement. It is specifically understood that, irrespective of any assignability provisions, Symbiont may retain subcontractors to perform services usually and customarily performed by subcontractors. Should Symbiont determine it appropriate or necessary to rely on a subcontractor where it is not customary to do so, Symbiont shall obtain prior written approval or subsequent written confirmation from the Client. Article S. Standard of Care Symbiont will perform the Services in accordance with the standards of care and diligence normally practiced by consulting firms performing services of a similar nature in the same locale. Article 6. Timeliness of Performance Symbiont acknowledges that timely performance of its services is an important element of this Agreement. Symbiont will put forth its best effort to complete the work according to the schedule attached in the Proposal. If Symbiont discerns that the schedule shall not be met for any reason, it shall so notify the Client as soon as practically possible so that a mutually agreed on revised schedule can be established. Article 7. Force Majeure Symbiont shall not be considered in default because of any delays in the completion of the work due to causes beyond the control and without the fault or negligence of Symbiont or its subcontractors, including but not restricted to, an act of God or of a public enemy, fire, flood, area -wide strike, freight embargo, unusually severe weather, governmental action, or supplier delay. In the event Symbiont has knowledge of any actual or potential delay, Symbiont shall notify Client in writing of such cases of delay and their probable extent and, upon such notification, Symbiont's performance obligations hereunder shall be suspended. Article 6. Suspension Upon fourteen (14) calendar days written notice to Symbiont, the Client may suspend Symbiont's work. If payment of Symbiont's invoices is not maintained on a thirty (30) calendar -day current basis by the Client, Symbiont may, by fourteen (14) calendar days' written notice to the Client, suspend further work until payment is restored to a current basis. Suspension for any reason exceeding forty -five (45) calendar days shall, at Symbiont's option, make this Agreement subject to renegotiation or termination, as provided for elsewhere in this Agreement. Any suspension shall extend the time schedule for performance in a manner that is satisfactory to both the Client and Symbiont, and Symbiont shall be compensated for services performed and charges incurred prior to the suspension date, regardless of the reason for the suspension. Article 9. Termination The Client or Symbiont may terminate this Agreement for reasons identified elsewhere in the Agreement. Either party may also terminate this Agreement upon written notice to the other party in the event that the other party becomes insolvent, files a petition in bankruptcy, is adjudicated bankrupt, has an assignee, referee, receiver or trustee appointed in any creditor action, has a petition in bankruptcy filed against it which is not vacated within thirty (30) days or suffers any action analogous thereto. In the event such termination becomes necessary, the party effecting termination shall so notify the other party, and termination will become effective fourteen (14) calendar days after receipt of the termination notice. Irrespective of which party shall effect termination or the cause therefore, the Client shall within thirty (30) calendar days of termination remunerate Symbiont for services rendered and costs reasonably incurred, in accordance with Symbiont's fee schedule. Costs shall include those incurred up to the time of termination. Article 10. Notice to Parties All notices required or permitted under this Agreement shall be in writing and shall be made to the parties' usual place of business. R: \Contract Administration \Symbiont Client 10 -2013 Page 2 of 6 r. SYBFC� - Er 1 FCes I -;a1c r5 CON ! »?� FORMS- 110.2013 Article 11. Dispute Resolution Client and Symbiont shall provide written notice of a dispute within a reasonable time after the event giving rise to the dispute. Client and Symbiont agree to negotiate any dispute between them in good faith for a period of 30 days following such notice. Client and Symbiont may agree to submit any dispute to mediation, but such mediation shall not be required as a prerequisite to initiating a lawsuit to enforce this Agreement. Either party shall have the right to litigate the claim, dispute or other matter in question in any state or federal court located in Milwaukee County, Wisconsin. In connection therewith, each party agrees to submit to the jurisdiction of such court. In the event that legal action is brought by either party against the other in the Courts (including action to enforce or interpret any aspect of this agreement), the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees, and other documents expenses, in addition to any other relief to which it may be entitled. Client and Symbiont agree to seek recourse only against each other as incorporated (or similar business entities) and not each other's officers, employees, directors or shareholders. Neither party will be responsible to the other for special or consequential damages including but not limited to, loss of profits, loss of investment or business interruption. Article 12. Choice of Law This Agreement shall be governed and construed in accordance with the laws of the State of Wisconsin, without reference to conflicts of law principles. Each party hereto consents to the exclusive jurisdiction of the state and federal courts located in Milwaukee County, Wisconsin for any actions, suits or proceedings arising out of or relating to this Agreement. Article 13. Limitation of Liability The Client agrees that the limit of Symbiont's liability for its or its agents', employees' or other representatives' acts, errors, or omissions relating to or arising out of the Agreement, including without limitation, negligent acts, or omissions, shall not exceed the amount of Symbiont's insurance coverage as listed below in Article 14. Article 14. Insurance Symbiont shall maintain the following insurance coverage during the time it is performing services hereunder. A. Worker's Compensation: of a form and in an amount as required by state law B. Employer's Liability: $1,000,000 each accident $1,000,000 disease, each employee $1,000,000 disease, policy limit C. Commercial General Liability (bodily injury and property damage — combined single limit): $1,000,000 annual aggregate D. Combined Errors and Omissions and Contractors Pollution Liability: $1,000,000 each incident $2,000,000 annual aggregate Article 15. Indemnification Symbiont agrees to indemnify and hold harmless Client, its directors, officers, stockholders, employees, agents, successors and assigns, from and against any and all claims, demands, causes of action, liability and costs which arise out of or result from any negligent act, omissions, or willful misconduct of Symbiont or Symbiont's employees, agents or subcontractors in the performance of services under this Agreement; provided, however, Symbiont will not be obligated to indemnify Client with respect to costs or damages to the extent such costs or damages are caused by or incurred as a result of negligence or intentional misconduct of Client or Client's agents or employees. Client agrees to indemnify and hold harmless Symbiont, its directors, officers, stockholders, employees, agents, successors and assigns, from and against any and all claims, demands, causes of action, liability and costs which arise out of or result from any negligent act, omissions, or willful misconduct of Client or Client's employees or agents; provided, however, Client will not be obligated to indemnify Symbiont with respect to costs or damages to the extent such costs or damages are caused by or incurred as a result of negligence or intentional misconduct of Symbiont or Symbiont's agents, employees, or subcontractors. R: \Contract Administration \Symbiont Client 10 -2013 Page 3 of 6 syM a F0 N7- FORM S -1 10 -2013 Article 16. Review of Drawings of Contractors In the course of performing services under this Agreement, Symbiont may be asked to review drawings and specifications from contractors engaged to perform work in connection with the project for which the Proposal is submitted. Any such review shall be limited to a review of the general conformance with the design concept of the project and the general compliance with information given in the contractor's documents and as may otherwise be noted by Symbiont on such drawings and specifications. Such review shall in no way limit the liability of the contractor or be deemed an indication that Symbiont has accepted or approved the drawings and specifications in any manner. Article 17. Ownership and Use of Documents and Concepts Client acknowledges that Symbiont reports, drawings, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other similar documents ( "Records ") are instruments of professional services, not products. Symbiont will retain these Records for a period of three (3) years following completion of this project. During this time, Symbiont will reasonably make available these records to the Client. Symbiont may charge a reasonable fee in addition to its professional fees for storing, retrieving, or copying such records. CADD files and any other electronic data submitted by Symbiont shall be reviewed by Client for comparison to the paper contract documents including plans, drawings and specifications. Client shall notify Symbiont within ten (10) business days of any defects it discovers in the files or any inconsistencies between the electronic files and the paper contact documents. Symbiont shall not be responsible for any deviations, alterations, modifications or additions in the electronic data in comparison to the paper contract documents or any reuse of the electronic data by Client or any other party for this project, or any other project without the prior express written consent of Symbiont. Client shall defend, indemnify and hold completely harmless Symbiont against any claims, damages, or losses arising out of any deviations, alterations, modifications, or additions in the electronic data in comparison to the paper contract documents or any reuse of the electronic data without prior express written consent of Symbiont. All documents, including the electronic files that are transferred by Symbiont to Client are Instruments of Service of Symbiont created for this project only, and are not intended to be deemed a sale of the files and data, and NO REPRESENTATION OR WARRANTY IS MADE, EITHER EXPRESS OR IMPLIED, CONCERNING THE MERCHANTABILITY OF THE FILES AND DATA OR THEIR FITNESS FOR A PARTICULAR PURPOSE. Copies of documents that may be relied upon by Client are limited to only the printed copies (also known as hard copies) that contain original signatures and seals of the professional employee(s) of Symbiont. Files in electronic media format of text, data, graphic, or of other types that are furnished by Symbiont to Client are only for the convenience of Client and shall not be construed as containing original signatures and seals of the professional employee(s) of Symbiont. Any conclusion or information obtained or derived from such electronic files will be at the Client's sole risk. Symbiont is not responsible for damages arising out of the use by the Client or the Client's agents of any Symbiont data or report for any purpose other than its original purpose as defined in the Proposal. While Client agrees that any patentable or copyrightable concepts developed by Symbiont as a result of this Agreement shall remain the sole and exclusive property of Symbiont, Client shall retain a right, without the right to grant sublicenses under any patents or copyrights of Symbiont, to use any information or recommendations generated by Symbiont during the performance of this Agreement. Client shall have the right to assign such right to any party who buys from client the assets of Client relating to the information or recommendations generated by Symbiont under this Agreement. Nothing in this Article 17 shall restrict Symbiont from using any methods, techniques, or concepts developed by it under this Agreement for its benefit or the benefit of any third party. Article 18. Buried Utilities In those situations where Symbiont performs subsurface exploration, the Client, to the extent of its knowledge, will furnish to Symbiont information identifying the type and location of utilities and other man -made objects beneath the surface of the project site. Symbiont will take reasonable precautions to avoid damaging these utilities or objects. Prior to penetrating the site's surface, Symbiont will furnish Client a plan indicating the locations intended for penetration. Symbiont will not be responsible for damages arising out of contact with unidentified subsurface utilities or objects. Article 19. Extent of Study Client recognizes that actual environmental conditions may vary from conditions encountered at locations where Symbiont makes visual observations, obtains samples, or performs other explorations as part of its services under this Agreement. Symbiont's failure to discover potential environmental contamination or other environmental conditions through appropriate techniques does not guarantee the absence of environmental contamination or other environmental conditions at a site. R: \Contract Administration \Symbiont Client 10 -2013 Page 4 of 6 S Y M B 1 0 N-F F.N_I aCEls is- 4TISrc 7T f1 Article 20. Hazardous Substances FORM S -1 10 -2013 In the event that services performed under this Agreement involve hazardous substances, as defined in 40 CFR Part 302, including hazardous waste, whether or not such involvement was known or contemplated at the time this Agreement was made or when services performed by Symbiont commenced under this Agreement, the following additional terms and conditions shall apply to this Agreement. Any and all samples collected or received by Symbiont or its subcontractors on behalf of the Client which contain hazardous substances including hazardous waste will be, after completion of testing and at Client's expense, either returned to the Client, or using a manifest signed by the Client as a generator, be transported to a location selected by the Client for final disposal. The Client shall pay all costs associated with the storage, transport, and disposal of all such samples. The Client agrees and recognizes that Symbiont is acting as a bailee and at no time assumes title to any such samples or substances. Symbiont warrants that when making hazardous waste determinations on behalf of Client, Symbiont will use the standard of care and diligence normally practiced by consulting firms performing similar services in the same locale. Symbiont, if requested by Client, will gather bids from various hazardous waste transporters and /or treatment, storage or disposal facilities (TSDFs) that are appropriately licensed or permitted by state, federal and /or local authorities to accept the waste generated by the Client. Client acknowledges that although Symbiont may gather bids from various hazardous waste transporters or TSDFs, that Client has ultimately selected such transporter or TSDF. Client understands that Symbiont has not conducted regulatory compliance audits on such transporters or TSDFs nor does Symbiont make any other warranties or representations other than expressly written in this paragraph related to such transporters or TDDFs. Client acknowledges that Symbiont at no time assumes title to waste generated from Client's facility or site. Client acknowledges that Symbiont has no responsibility as an operator, arranger, generator, treater, Storer, transporter, or disposer of hazardous substances found or identified in conjunction with work performed hereunder. Article 21. Third Party Rights Except as specifically stated in this Agreement, this Agreement does not create any rights or benefits to parties other than Client and Symbiont. The services provided by Symbiont hereunder are for the Client only. Article 22. Assignment Neither party to this Agreement shall assign its duties and obligations hereunder without the prior consent of the other party except as provided in Article 4. Article 23. Lien Notice As required by the Wisconsin Construction Lien Law, Symbiont hereby notifies Client that persons or companies performing, furnishing, or procuring labor, services, materials, plans, or specifications for construction on Client's land may have lien rights on Client's land and buildings if not paid. Those entitled to lien rights, in addition to Symbiont, are those who contract directly with Client or those who give Client notice within sixty (60) days after they first perform, furnish, or procure labor, services, materials, plans or specifications for construction. Accordingly, Client probably will receive notices from those who perform, furnish, or procure labor, services, materials, plans, or specification for construction, and should give a copy of each notice received to the mortgage lender, if any. Symbiont agrees to cooperate with Client and Client's lender, if any, to see that all potential lien claimants are duly paid. If the project site is in a state other than Wisconsin, Symbiont and its subcontractors may also have lien rights on Client's land and building if not paid. Article 24. Waiver No waiver by Symbiont of any term or condition set forth herein or the breach by the Client of any such term or condition, whether by conduct or otherwise, in any one or more instances, shall be deemed or construed as a further or continuing waiver of any such term, condition or breach or a waiver of any other term, condition or breach. Article 25. Headings The subject headings in this Agreement are for convenience only and are not determinative of the substance of the subject clause. R: \Contract Administration \Symbiont Client 10 -2013 - Page 5 of 6 BF .� en me:eras Ica =inns-- vsr.,.ro�gs Article 26. Entire Agreement FORM S -1 10 -2013 The parties agree that this Agreement, together with proposals and attachments, represents the entire and integrated agreement between the Client and Symbiont and supersedes all prior communications, negotiations, representations, quotations, offers or agreements, either written or oral between the parties hereto, with respect to the subject matter hereof, and no agreement or understanding varying or extending this Agreement shall be binding upon either Party, other than by a written agreement signed by both the Client and Symbiont. If additional documents represent the agreement of the parties, such documents must be itemized in Symbiont's proposal. The parties agree that the provisions of these terms and conditions of this Agreement shall control over and govern as to any subsequent form or document signed by the Parties, such as Owner's Purchase Orders, Work Orders, etc. and that such documents may be issued by Owner to Symbiont as a matter of convenience to the Parties without altering any of the terms or provisions hereof. Article 27. Severability If any provision or part of a provision of this Agreement is declared to be invalid by any tribunal of competent jurisdiction, such part shall be deemed automatically adjusted, if possible, to conform to the requirements for validity, but if such adjustment is not possible, it shall be deemed deleted from this Agreement as though it had never been included herein. In either case, the balance of any such provision and of this Agreement shall remain in full force and effect. Article 28. Contract Amendments Any amendments to the Proposal or these Terms and Conditions of Agreement shall be executed by means of a written contract amendment, signed by the Client and Symbiont. Changes to the Agreement will not become effective until the contract amendment has been signed by both parties. The contract amendment will document the specific changes to the Agreement along with any resulting adjustment in cost and /or schedule. Article 29. Execution of Agreement These Terms and Conditions of Agreement are cross referenced in Symbiont's Proposal and are accepted when the Proposal is executed by the Client or when the Client authorizes Symbiont to proceed with the Scope of Work. Client's representative represents that he /she is duly authorized to enter into and sign this Agreement. The parties agree that Symbiont's Proposal may be executed by Client and delivered to Symbiont via facsimile or other electronic means, and such facsimile or other electronic copy will constitute an original. R *lContract AdministratioMSymbiont Client 10 -2013 Page 6 of 6 1200 COUNTY -CITY BUILDING 227 W JEFFERsoN BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CRISTAL BRISCo CORPORATION COUNSEL CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF LAW June 18, 2014 Mr. Oliver J. Davis, President South Bend Common Council 4th Floor County -City Building South Bend, IN 46601 RE: Resolution to Approve Proposed Interlocal Agreement with The City of Mishawaka and St. Joseph County Dear President Davis: PHONE 574/235 -9241 FAx 574/235 -7670 ALADEAN M. DEROSE CITY ATTORNEY Attached for the Common Council's consideration is a proposed resolution which approves an Interlocal Agreement among the Cities of South Bend and Mishawaka and St. Joseph County, and authorizes the South Bend Board of Public Works to execute the Interlocal Agreement. This Interlocal Agreement is part of the process which the Council approved on January 13, 2014 in Resolution #4313 -14 authorizing the Mayor to apply for a United States Environmental Protection Agency ( "USEPA ") Brownfields Coalition Assessment grant in the amount of $600,000. The Interlocal agreement provides for fee sharing among the three entities (the "Coalition ") to split any fee due to Symbiont Science, Engineering and Construction, Inc. ( "Symbiont ") in preparing the USEPA Brownfields Assessment grant application. No fee is due to Symbiont for the preparation of the application, however, if a Grant is awarded, the Coalition would be obligated to pay a fee to Symbiont in the amount of 4% of the USEPA grant amount. If the Grant application is approved in the full requested amount of $600,000.00, this would result in a fee due to Symbiont of $24,000.00. South Bend would pay the fee initially and the Mishawaka and St. Joseph County would reimburse South Bend as follows: Mishawaka 25% (up to $6,000.00) St. Joseph County 25% (up to $6,000.00) USEPA Assessment Grants provide funding for developing inventories of brownfields, prioritizing sites, planning redevelopment, conducting community involvement activities and performing site assessments and clean-up planning related to brownfield sites. Given the increasingly challenging environment for developers, funding to perform environmental assessment activities and planning could be a significant tool in allowing the Coalition to support CHERYL A. GREENE PAUI. E. SINGIETON CARRIE GAINES CORY HAMEL LAWRENCE J. METEIVER TASHA REED OUTLAW JEPPREY L. SANFORD I Mr. Oliver Davis June 18, 2014 Page 2 high priority development projects within their jurisdictions over the next three years. This Interlocal Agreement will be of significant benefit to South Bend in its redevelopment efforts. Chris Dressel or another staff member from the Department of Community Investment will present this Resolution to the Common Council. Thank you for your consideration. J. Meteiver City Attorney Filed in Clare" .. aoAN W509�� CI�M "CL 1� , SOUTH 69 NO, IN 6-� i � No- r-t- "Z,3 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT 1119 LINCOLNWAY WEST, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Area Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Area Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36 -7 -4- 918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exceptions be granted for the properties located at: (1119 LINCOLNWAY WEST, SOUTH BEND, INDIANA) in order to permit: Approval of a Special Exception Use as allowed under Section 21 -03.04 (a)(2)(A) Automotive Uses, of the City of South Bend Zoning Ordinance to allow for a Gasoline Service Station facility (without repairs) on property zoned LB Local Business District. SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: I. The proposed uses will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed uses will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21 -09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. . '.ztMo #dJ�t F.'-? Member ofthe.CommonCo cil C4 Vu t7S i "v �.i,a:; ate- ;:a •. ? w'1 WYIIYU CVt,w,i Ji:.+:FJ w:tidiT, Filed in Clerk's Office MAY JOHN VOORDE CITY CLERK, SOUTH BEND, IN v Uanch, "arner 4k Associates, Inc. Land Surveyors E Professional Engineers Landscape Architects m Land Planners Office: (574)234 -4003 / (800)594 -4003 W Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of May 12, 2014 South Bend Common Council 4th Floor County -City Building South Bend Indiana 46601 RE: Special Exception Petition for property at 1119 Lincolnway West, South Bend, Indiana: Dear Council Members: Our clients are requesting the approval of a Special Exception for their property located at 1119 Lincolnway West, South Bend, Indiana. The Special Exception will allow for the operation three gasoline pumps at a proposed Convenience /Grocery store facility. Our clients believe that the approval of the proposed Special Exception will fit with the nature of the Convenience /Grocery store and allow for additional services at this small commercial node that will benefit the surrounding residential uses. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Harner & Associates, Inc. File # 140130 Md. "C" NO. NOTIFIED Applicant's Name: Sam Address: 51343 Lilac AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FILED 20 HEARING APPEAL & Wadad Ammori Phone 876 -5147 7nwd. South Send. Indiana 4662 20 20 Address of Property: 1119 Lincolnway West, South Bend, Indiana 46616 Present Zoning of Properties: "LB" Local Business District Owner's Name: Sam & Wadad Ammori Phone 876 -5147 Address: 51343 Lilac Road, South Bend, Indiana 46628 Counsel or Consultant: DANCH, HARNER & ASSOCIATES, Address: 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA INC. Phone 234 -4 TO THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at 1119 Lincolnway West, South Bend, Indiana 46616 NATURE OF APPEAL: REQUESTED VARIANCES & SPECIAL EXCEPTION: PARCEL "A" Zoned "LB" Local Business District: 1). A Variance to encroach into the 30 ft. Front Residential Bufferyard area along Lindsey Street (North property line), Blaine Avenue (West property line) and Lincolnway West (South property line) to a minimum of 5 ft. for parking spaces, proposed building, sidewalk and a Canopy facility with pumps as shown. 2). A Variance to encroach into the 10 ft. Side yard along the East property line to a minimum of 2.50 ft. for a proposed Dumpster and Dumpster enclosure as shown. 3). A Variance from the requirement of providing perimeter trees at a minimum rate of one (1) over -story deciduous tree every forty (40) feet along the North, East, South and West property lines to providing a minimum of three (3) trees along the West property line (Blaine Avenue) 2 and two (2) trees along the North property line (Lindsey Street), three (3) trees along the South property line (Lincolnway West) and no trees along the East property line. 4). A Variance from the requirement of providing a minimum of a 6 ft. wide landscape planting area along the Blaine Avenue and Lincolnway West fagades of the proposed building to no landscaping as shown. 5). A Variance from the requirement of providing Type "B" Residential Bufferyard screening along the North (Lindsey Street), West (Blaine Avenue) and South (Lincolnway West) property lines to providing landscape screening consisting of small shrubs adjacent to paved areas and evergreen screening along the North fagade of the proposed building as shown. SPECIAL EXCEPTION REQUEST: 1) . Approval of a Special Exception Use as allowed under Section 21- 03.04 (a)(2)(A) Automotive Uses, of the City of South Bend Zoning Ordinance to allow for a Gasoline Service Station facility (without repairs) on property zoned LB Local Business District. The Petitioners are the owners of the real estate parcel shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Petition property presently has a Zoning classification of "LB" Local Business District. The property was previously used as a gasoline service station and most recently for automotive service facility. The Petitioners desire to raise the existing building and replace it with a Convenience/ Grocery store with gasoline pumps. This property is located along Lincolnway West adjacent to an existing commercial restaurant. This portion of Lincolnway West carries over 19,000 vehicles per day. Through discussions with the Building Department and Area Plan Commission staffs, it was determined that in order to build the new Convenience /Grocery store and install the gas pumps with a Canopy, approval of a Special exception and a few Variances would be required due to the fact the City Ordinances have changed. More specifically, the following Variances and Special Exception are being requested to be approved. With regards to the required Variances, the first request is to be allowed to encroach into the 30 ft. Front Residential Bufferyard area along Lindsey Street (North property line), Blaine Avenue (West property line) and Lincolnway West (South property line) to a minimum of 5 ft. for parking spaces, proposed building, sidewalk and a Canopy facility with pumps as shown. The existing site presently has pavement to the North, West and South property lines with an old building located at the Northeast corner of the property. The Petitioners would replace the existing pavement and building with a new building as shown and a parking area located to the West of the new building. Along Lincolnway 3 West is where the proposed Canopy with gas pumps would be located. As shown there would be a new perimeter landscape bed with shrubbery to buffer the parking area and drive -up area to the gas pumps from the surrounding streets. The 2,775 sq.ft. building would be placed over the area where the existing building was located.. The Canopy with gas pumps would be placed along the Lincolnway West frontage. The Canopy and pumps meet the typical 15 ft. setback required in the "LB" Local Business District development standard, but in this situation, the adjacent residential zoning adds an additional 15 ft. to the setbacks along the three street frontages. Due to existing residential zoning located to the North, West and South of the Petition site, a 30 £t. Residential Bufferyard is now required along said property lines. No improvements are allowed in a residential Bufferyard, which would extremely limit any development on the property. The Petitioners are proposing to add landscaping and some over -story trees to help soften the proposed improvements. The Petitioners do not believe this requested Variance would have a detrimental impact on the surrounding properties. The second Variance request is to be allowed to encroach into the 10 ft. Side yard along the East property line to a minimum of 2.50 ft. for a proposed Dumpster and Dumpster enclosure as shown. The placement of the Dumpster and Dumpster enclosure was designed to keep it away from the adjacent residential areas, but placed at a point on the site that would allow for a trash truck to have easy access to it. The structure is placed adjacent to a paved area on the neighboring commercial use. The Petitioners do not believe approval of this Variance would have a negative impact on any surrounding property. The third Variance request is from the requirement of providing perimeter trees at a minimum rate of one (1) over -story deciduous tree every forty (40) feet along the North, East, South and West property lines to providing a minimum of three (3) trees along the West property line (Blaine Avenue) and two (2) trees along the North property line (Lindsey Street), three (3) trees along the South property line (Lincolnway West) and no trees along the East property line. The Petitioners would state that this property has existing overhead main power lines running along the East side of the property and a overhead power line running along the South property line. As planned the Petitioners will be adding trees as shown along the North, West and South property lines in the landscape areas. The addition of these trees from what presently exists should help with the softening of the streetscape view along the frontages of the petition site. The petitioners believe that with the addition of the proposed over -story trees they are meeting the intent of the City's ordinances. The Petitioners do not believe approval of this request would have an adverse affect on surrounding properties. The fourth Variance request is from the requirement of providing a minimum of a 6 ft. wide landscape planting area along the Blaine Avenue and Lincolnway West fagades of the proposed building to no landscaping as shown. The Petitioners would state that they are attempting to provide a Convenience /Grocery store facility that will include several 4 types of fresh produce items for the local neighborhood residents. This type of facility does not presently exist along the entire length of the Lincolnway West corridor. By having these items available, the Petitioners have designed a store of a larger size. They have placed their priority on having landscaping along the perimeter of the site closest to the adjacent residential homes, as compared with having a few shrubs adjacent to the building. The Petitioners do not believe approval of this variance would be detrimental to any surrounding property. The last Variance request is from the requirement of providing Type "B" Residential Bufferyard screening along the North (Lindsey Street), West (Blaine Avenue) and South ( Lincolnway West) property lines to providing landscape screening consisting of small shrubs adjacent to paved areas and evergreen screening along the North fagade of the proposed building as shown. As previously mentioned, the Petitioners are providing a mixture of landscaping along the perimeter of the site. This also includes providing evegreen screening along the North fagade of the proposed building. This will help buffer the building from the adjacent residential on the North side of Lindsey Street. The Ordinance would require evergreen trees every 12.5 feet along three sides of the site that is adjacent to residential uses. For a site that has three street frontages with residential across each street, that requirement would be quite extreme for any commercial use on a small site. The Petitioners believe approval of this request for improvements would not have an adverse affect on surrounding properties. The Petitioners are also requesting approval of a Special Exception Use as allowed under Section 21 -03.04 (a)(2)(A) Automotive Uses, of the City of South Bend Zoning Ordinance to allow for a Gasoline Service Station facility (without repairs) on property zoned LB Local Business District. Under the "LB" Local Business District standards, Gasoline Service Station (without repairs) requires approval of a Special Exception. The Petitioners believe approval of the Special Exception will allow for the neighborhood residents to have a facility that is close to their homes where they can shop as well as fuel their vehicles. This site is located along one of the City's main arterials with a high daily traffic count. The Petitioners believe the residents would prefer to have a clean, modern facility which combines the ease of shopping for needed items and fueling their cars which is closer to their homes. 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 proposed small Gasoline Service Station should be an added convenience for patrons using the facility. 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 proposed Gasoline Service Station is small in size and fits with the proposed Convenience /Grocery store. The gas pumps are secondary to the primary use of the property which are items sold in the Convenience /Grocery store. With the proposed new building and 5 landscaping, values on adjacent properties should not be adversely affected. 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 combination of the existing Convenience/ Grocery store with the addition of the gas pumps is in keeping in character with of the district and the surrounding neighborhood. The Petitioners would state that the proposed use is not specifically shown with the recommendations of the City of South Bend Comprehensive Plan. The City Comprehensive plan shows that this portion of Lincolnway West is appropriate for Commercial along with low & medium density residential development. The Petitioners believe the proposed combination Convenience /Grocery store with gas pumps would provide added services to the existing residential uses and those using Lincolnway West arterial corridor. The Petitioners would ask the Board Members to agree that approval of the above described Variances and Special Exception requests will not have a detrimental affect for this area, nor would the property values, public's health, safety, morals, or general welfare be adversely affected. The Petitioners contend that the strict application of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Variances and Special Exception are sought: that the need for the Variances and Special Exception arises from such condition peculiar to the property in the same Zone: and that the use or value of the area adjacent to the property described in the Petition for the Variances and Special Exception will not be injurious to the public health, Safety, morals, or general welfare of the community. I attest, under the penalties for perjury, that the foregoing representations are true. -e�) - Michael J. Danch President Danch, Harner & Associates, Inc. Property Owners Within 300 Feet Jerry Swoak Shawn Harris VML Properties LLC 6388 Kentstone Dr PO Box 770 1110 LincolnWay West Indianapolis, IN. 46268 Dolton, IL. 60419 South Bend, IN. 46616 Tax Key # 018 1035 1511 Tax Key # 018 1036 1570 Tax Key # 018 1035 1505 Community J." Investment Group LLC Amy Block LincolnWay West Development 1114 LinclonWay West 612 Cleveland Rd 1202 LincolnWay West South Bend, IN. 46616 South Bend, iN. 46628 South Bend, IN. 46616 Tax Key # 018 1035 1503 Tax Key # 018 1036 1566 Tax Key # 018 1036 1562 Herman Smith Deutsche Bank National Trust Company Barry Chamberlain 608 Clevelenad Ave Chase Manhatten Mtge.Corp 1209 LincolnWay W South Bend, IN. 46628 San Diego, CA. 92150 South Bend, IN. 46616 Tax Key # 018 1036 1567 Tax Key # 018 1076 3193 Tax Key # 018 1077 3227 Karimi Mbae Lucia Martha Mejias Victor & Barbara Lopez 1203 LincolnWay West 1203 LincolnWay W 1110 LincolnWay West South Bend, IN. 46616 South Bend, IN. 46628 South Bend, iN. 46616 Tax Key # 018 1077 3228 Tax Key # 018 1077 3231 Tax Key # 018 1036 1501 Carola Venczel Stephanie Howe Terrence & Sheila Stroud 1119 Lindsey 1115 Lindsey 1613 N Adams St South Bend, IN. 46616 South Bend, IN. 46616 South Bend, IN. 46628 Tax Key # 018 1077 3237 Tax Key # 018 1077 3238 Tax Key # 018 1077 3229 Financial Intelligence Group Inc Victor & Barbara Lopez Marie Williams 6131 Orangethorpe Ave 1110 LW W 1013 5 2nd St Buena Park, CA. 90620 South Bend, IN. 46616 Elkhart, IN. 46516 Tax Key # 018 1035 1521 Tax Key # 018 1035 1504 Tax Key # 018 1036 1561 Oscar Lottie Peggy Sue Johnson _ Manuel Victtr Lopez 610 Blaine St 715 N Blaine St 1110 LinconWay West South Bend, IN. 46601 South Bend, iN. 46616 South Bend, IN. 46616 Tax Key # 018 1035 1512 Tax Key # 018 1079 3310 Tax Key # 018 1035 1500 TLR IN LLC Greater Mount Calvary Missionary Penny Passenger 1185 Ave of the Americas FL 18 Baptist Church Inc 1212 LincolnWay West New York, NY 10036 1047 LincolnWay West South Bend, IN. 46628 Tax Key # 018 1077 3247 South Bend, IN. 46616 Tax Key # 018 1036 1542 Tau Kpv # MR 1n77 3743 Homecomings Financial Network Dave Smith Karl Newborne 3962 Red Bank Rd PO Box 2544 2119 Foxboro Ct Cincinnati, OH. 45227 South Bend, IN. 46680 Mishawaka, IN. 46545 Tax Key # 018 1077 3236 Tax Key # 018 1036 3214 Tax Key # 018 3.036 1543 Stephanie McMorris Karen Smith Bennie & Pauline Digg';ns 2009 N Brookfield St 26041 Dolores Av 3841 Chaffey Dr South Bend, IN. 46628 South Bend, IN. 46619 New Port Richey, FL. 34652 Tax Key # 018 1036 1564 Tax Key # 018 1036 1564 Tax Key # 018 1036 1563 Yvonne Hansberry Phyllis Lawson Harriet Pinckert 1216 LlncolnWay W 714 N Blaine St - PO Box 4154 South Bend, IN. 46628 South Bend, IN. 46616 South Bend, IN. 46634 Tax Key # 018 1036 1541 Tax Key a 018 1079 3335 Tax Key # 018 1076 3187 Wadad El Ammori Wadad El Ammori Wadad El Ammori 51343 Lilac Rd 51343 Lilac Rd 51343 Lilac Rd South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key #018 1077 323301 Tax Key #018 1077 3233 Tax Key #018 1077 3241 Mary Hugins Mary Alice Helm Al Carter Sr 707 Allen St Mary Susan Bromeling 2501 W Orange St South Bend, IN. 46616 712 N Allen South Bend, IN. 46628 Tax Key # 018 1076 3189 South Bend, IN. 46616 Tax Key # 018 1076 3190 Tax Kav # niR 1076 :717 Fausto Doroteo Linda Kujawski Joel Plata 751 Allen St 270 Bellvue Loop 911 Adms St South Bend, IN. 46616 Fayetteville, GA. 30215 South Bend, IN. 46628 Tax Key # 018 1076 3191 Tax Key # 018 1076 3192 Tax Key it 018 1077 3222 TMQ Properties LLC William & Robert Hubler American Property Tax Fund 3423 W 2281h St 712 Blaine Ave PO Box 6822 Torrance, CA. 90505 South Bend, IN. 46616 South Bend, IN.46615 Tax Key # 018 1077 3223 Tax Key # 018 1079 3336 Tax Key # 018 1076 3188 Eugene,Fred James Clyde Jr. Jonathan Ramos Donald & Susan Bromeling McCoy 203 Waring Dr 708 Allen 712 Cleveland San Antonio, TX. 78216 South Bend, IN. 46616 South Bend, IN. 46628 Tax Key # 018 1077 3230 Tax Key # 018 1076 3213 Tax I(av # 018 1077 3724 Paul & Martha Saenz Malone Lloyd Fredrick Waikao 4736 Allied Dr 715 Allen St PO Box 504 San Diego, CA. 92120 South Bend, IN. 46616 South Bend, IN. 46624 Tax Key # 018 1079 3334 Tax Key # 018 1076 3186 Tax Key # 018 1079 3309 Susan Daron Malone Lloyd Espino Investmens Inc 722 Blaine St 715 Allen St 4122 Bonfield PL South Bend, IN. 46616 South Bend, iN. 46616 South Bend, IN -46619 Tax Key # 018 1079 3333 Tax Key # 018 1076 3185 Tax Key # 018 1036 1571 J Corp Inc Michael & Tina Patton Kingdom Life Christian Cathedral Inc 4004 St.Andrews Circle Apt, 1D 25839 Brick Rd 707 Sherman Ave Mishawaka, IN. 46544 South Bend, IN. 46628 South Bend, IN. 46616 Tax Key # 018 1077 3246 Tax Key # 018 1076 321501 Tax Key # 018 1076 3215 Michael & Tina Patton Michael & Tina Patton Kincdom Life Christian Cathedral 25839 Brick Rd 25839 Brick Rd 707 Sherman South Bend, IN. 46628 South Send, iN. 46628 South Bend, IN. 46616 Tax Key # 018 1077 3248 Tax Key # 018 1076 321501 Tax Key # 018 1076 3215 a }ESP 9E apPgp} �t6g lil I jd 111 P /i�'P ay�2�� ig�P pe SS Rm' ypp o gg S pg ' if P P 6p C! b } $ ♦� i,n• J I 1 I � i zoa ° § sE E @ @[E7E7 p33 rfytl 4� 3 : ay . 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 June 4, 2014 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception for Sam & Wadad Ammori 1119 Lincolnway West Dear Council Members: The above referenced petition of Sam & Wadad Ammod was legally advertised on May 15, 2014. The Area Board of Zoning Appeals gave it a public hearing on June 4, 2014, at which time the following action wastaken: Upon a motion by Mr. Phipps, being seconded by Mr. Crumlish and by a 5 -0 vote, the petition for Special Exception to allow automobile uses, a gasoline service station, without repairs, on property located at 1119 N. Lincolnway West, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincer���� Charles C. Bulot, C.B.O. Building Commissioner CCB /cah RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 4445 S. LINDEN ROAD WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 4445 S. LINDEN ROAD in order to permit A DAY CARE CENTER IN A 6&SF1" DISTRICT SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: I. 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 City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ✓k L'CN QD NOT _ APPQQW& �+ 7 — >. 0 ( �«1'-73- I Q->v' Member of the Common Counci odd Filed in, cler, APR f6 IN14 JO ;`, CITY L, "-, lid _ AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite t0o South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 June 4,2014 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for Lester & Tammy Dant 4445 Linden Road Dear Council Members: The above referenced petition of Lester& Tammy Dantwas legally advertised on May 20, 2014. The Area Board of Zoning Appeals gave it apublic hearing on June 4, 2014, at which time the following action wastaken: Upon a motion by Mr. Matthys being seconded by Mr. Hawley and by a 5 -0 vote, the petition for Special Exception to allow a day care center in a "SF I" District on property located at 4445 S. Linden Road, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely,_ Charles C. Bulot, C.B.O. Building Commissioner CCB /cah AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 May 8, 2014 Lester & Tammy Dant 26030 Northwood Drive South Bend, IN 46628 RE: Petition for Special Exception & variance ABA 4/7/14 Dear Petitioner: This letter is to inform you that the Area Board of Zoning Appeals held a public hearing on your petition seeking a Special Exception to allow a day care center in a "SF I" District and a variance from the required 25' front yard setback parking to 14' along Ireland and to 8' along Linden Road, on property located at 4445 S. Linden Road, Centre Township. Zoned "SF I ". Due to lack of legal publication your petition was tabled to the June 4, 2014 meeting. This petition must be published at least ten (10) days prior to June 4, 2014 and must be presented to the Secretary of the Board prior to the meeting. If you have any questions regarding this matter, please feel free to contact this office. Sincerely, Carolyn A. my Secretary to the Board Filed in Clerk's Office MAY JOHN CITY CLERK, SOUTH BEND, IN 4 -15 -2014 Area Board of Zoning Appeals: b a From: Lester & Tammy Dant, 26030 Northwood Dr. South Bend, In 46628 Phone# 54°-28, owners of The Apple Tree Day Care Center A Located at 4445 S. Linden Rd. South Bend, In 46614 Centre Township We are requesting a Special Exception for a Day Care Center in a SF -I Zoning at our present location noted above. We are also seeking variances for parking within the front yard setbacks along Ireland Rd. from 25 ft to 14 ft & along Linden Rd. from 25 ft to 8 ft. Current Zoning: Single Family —1 1. The proposed use will not be injurious to public health, safety, comfort, community moral standards, convenience or general welfare. We have operated a day care center at this location since 1998. 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values as we have operated a Day Care Center at this location since 1998. 3. The proposed use is 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 City of South Bend Comprehensive plan. John W Wemtz, Architect of 52075 Farmington Sq. Rd. Granger, In 46530 574- 277 -9664 will be the presenter. } \� \ \\ e 5§}7/ / \\ } / \ \) } \� / / ) Of \a \\ §§ kz {,{ 3 \j }, § -!R§ §{ice \§ / / ) Of \a \\ §§ kz {,{ 3 : :[!/ -!R§ §{ice \§ P P m < so P P �o wZ Z Z Z Z ^ ^ K Z a m m m c c n �g o 5 ow o 3g �o wZ I� W N n Z ^ ^ K Z N o P N P P P P Y s a m a m � N a m m N N N L N L_ N c � a W W~ N Y W f' twi Q W Y~ U W Z Uw' N W N F W H N W F w N af N W H Q J Q Q W �NQ Qd' Q Q� W w' %J I-wKJ w' w>JH W YN Q�w � g8, Y W w' 1 n wD N a<�3w�a�aQ�3wQa� a�of it e (6 co r py n. fl•�3 p• v k t € r ( r My ( NI +w �''y ¥ \ Klit NI +w �''y ¥ LAWRENCE P. MAGLIOZZI IN'IFR1.0 LNI('111$%'1: DIRFCTOR REA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 11411 COUNTY -CI I BUILDING, SOUTH BEND, 1:111111 16601 ( 5 7 4 1 235 -9571 Wednesday, June 18, 2014 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of River Race Townhomes LLC to zone from CBD Central Business District to PUD Planned Unit Development District, property located at 140 S. Niles Avenue, City of South Bend - APC# 2709 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of River Race Townhomes LLC was legally advertised on Thursday, June 05, 2014 and that the Area Plan Commission at its public hearing on Tuesday, June 17, 2014 took the following action: Upon a motion by Gerry Phipps, being seconded by Robert Hawley and carried, the proposed ordinance of River Race Townhomes LLC to zone from CBD Central Business District to PUD Planned Unit Development District, property located at 140 S. Niles Avenue, City of South Bend, is sent to the Common Council with an unfavorable recommendation. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the County Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Since , Lawrence P. Magliozzi v Attachment CC: River Race Townhomes LLC SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND www.srlosevHCOU N TV: N O 1A rvA. co 11. — p l.� Staff Report 6/6/2014 APC # 2709 -14 Owner: River Race Townhomes LLC Location: 140 S. Niles Avenue Jurisdiction: City of South Bend Public Hearing Date: 6/17/2014 Requested Action: The petitioner is requesting a zone change from CBD Central Business District to PUD Planned Unit Development District to allow uses permitted in the PUD Planned Unit Development District. Land Uses and Zoning: On site: On site is vacant. North: To the north are the River Race Townhomes zoned CBD Central Business District. East: To the east is a multi - tenant commercial building with residential units above, and a building rented by the Metro Homicide Department zoned CBD Central Business District. South: To the south, across Jefferson, is Howard Park, zoned MU Mixed Use District. West: To the west is the Emporium building zoned CBD Central Business District. District Uses and Development Standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Ordinance. Site Plan Description: The site is an approximately 14,000 square feet triangular- shaped parcel. A 96' tall, six - story, mixed use building, not to exceed 9,951 square feet is proposed with a mix of residential and non - residential uses. A maximum of 72 residential units is shown, and non- residential uses are limited to 34,000 square feet. No parking is provided on the site. A 3,500 square foot multi -use plaza is located at the middle of the Niles Avenue frontage. Development standards not addressed as part of the petition and site plan will default to the requirements in the zoning ordinance. Zoning and Land Use History And Trends: In April 2014, variances from the maximum allowable height of 50' to 93' and 5 to 7 APC # 2709 -14 Page 1 of 3 Staff Report 6/6/2014 stories were denied by the Area Board of Zoning Appeals. Traffic and Transportation Considerations: Jefferson Street has four lanes, and will soon be undergoing a streetscape project. Niles Avenue has two lanes. Utilities: City utilities are available to the site. Agency Comments: The Department of Community Investment will support, for a 5 year period starting in 2014, height variances in the East Bank CBD District for up to 8 stories or 96'. However, in order to gain the City's support, the project must provide for the following: a public amenity and pedestrian scale facade treatments for the first two stories as written commitments. The City Engineer notes that parking must be considered. Commitments: The petitioner is not proposing any written commitments. However, the Department of Community Investment is requesting commitments for a public amenity and pedestrian scale facade treatments for the first two stories. 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 LU 3: Increase the urban density of the Central Business District (CBD). Objective LU 3.2: Encourage pedestrian- oriented, mixed -use development in the CBD. Land Use Plan: The future land use map identifies this site as central business district. Plan Implementation /Other Plans: The East Bank Village Master Plan identifies the preferred use for this property as a mixed use area with retail uses focused on Jefferson and Niles Streets with apartments on the upper 2nd through 4th floors. 2. Current Conditions and Character: This area of the East Race is primarily business oriented. The addition of the East Bank Townhomes and River Race Townhomes along with the existing Stephenson Mills Apartments, is creating an urban mixed -use area. 3. Most Desirable Use: The most desirable use is a mixed use building with retail uses, with apartments on the upper floors. 4. Conservation of Property Values: The mixed use nature of this development should protect property values. 5. Responsible Development And Growth: It is responsible development and growth to allow a mixed use building in substantial conformance with the East Bank Village Master Plan. APC # 2709 -14 Page 2 of 3 Staff Report Staff Comments: 6/6/2014 The Board of Public Works will need to approve the encroachment of the balcony into the right -of -way. The staff would note that the East Bank Village Master Plan: area 5 village retail, suggests the following: "Additional retail uses focused primarily on local and regional merchants along Jefferson and Niles streets across from the Emporium/Mote Hole building with apartments on the upper 2nd through 4th floors." Subsequent to the adoption of the Master Plan, the Department of Community Investment has recommended that taller buildings, up to 8 stories /96', be considered for approval when those buildings provide a public amenity and pedestrian scale facade treatments for the first two stories. Further note that the Zoning ordinance limits building height to 601. It is the staffs opinion that the primary goals of a land use plan should be adhered to. Area 5 of the Master Plan is the only area where the height of buildings is alluded to, and therefore is not a prime overall goal. This project meets the goals of being a multi -use building with residential on the upper floors, and providing a public amenity. Recommendation: Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. Analysis: This PUD generally meets the goals in the East Bank Village Master Plan. By developing a policy to require items like a public amenity and facade treatments in return for allowing a taller building, new development can be supported without compromising the intent of East Bank Village Master Plan. APC # 2709 -14 Page 3 of 3 .. .� +1. I_ REM \w, y , r g.j, NEWLIN NO w O ,•t \. /�f -i ... � 1 /�F ��h�. .� Z 118.% r CBD SOUTH BEND CBD CBD m w MU Z�PS jMF�l Page I of 1 Christa Hill - No variance for East Bank Village Matthews condo From: pittypat6l <pittypat6l @att.net> To: <chill @co.st joseph.in.us> Date: 6/17/2014 9:35 AM Subject: No variance for East Bank Village Matthews condo Mrs. Hill, please strongly consider NOT approving the plan for Mr. Matthews proposed 6 story unit. Five stories is enough, there's no need for 6 stories. We don't want our downtown riverbank to become a concrete high rise jungle. We have a very quaint, beautiful riverfront and it will become nothing more than water rushing past wealthy single peoples skyscraper residences. There is already an excess of upper scale living choices near our downtown, yet the average working families are being pushed away. Apparently they want us to spend our hard earned money at functions, events, and the influx of upper scale dining and venues.... but don't want us living there. If he wants to build there, fine, but he needs to learn to follow the rules our city has put in place and stop demanding exceptions. He got declined, so now he's stomping his feet, ignoring the previous decision, and bypassing the previous board (basically having wasted their valuable time). He will build anyway, whether it's 5 stories or 6. Please consider the residents who've lived here our whole lives and stuck it out thru the rough times, we believe in our downtown! We only want to continue to feel like we belong and are not just some blue collar intruders in a white collar world of people who come here and demand different rules for themselves. Thank you for your time, Pat Gragg Lifetime resident file: / /C: \Documents and Settings \cnayder \Local Settings \Temp \XPgrpwise \53AOOBFFSJC... 6/17/2014 Page 1 of Jennifer Parcell - Rezoning Hearing on June 17, 2014 From: Ann Ruvolo Serianni <serianni @gmail.com> To: <Areaplan @co.st joseph.in.us >, <Imaglioz @co.st- joseph.in.us >, <jparcell@... Date: 6/17/2014 9:16 AM Subject: Rezoning Hearing on June 17, 2014 June 17, 2014 Dear Area Commission Members: J! IN 172014 AREA PLAN COMMISSION We are writing in response to the upcoming deliberation on the potential rezoning at 140 Niles Avenue in South Bend requested by River Race Townhouses, LLC. We are writing as commercial residents in the area, namely, as owners of the building located at 115 South Hill Street (Ancatrice, LLC), and owners of the business that occupies that building (Omicrot Biochemicals, Inc.). At the present time we are traveling, and thus cannot attend the meeting today to express our views of the matter in person. For the purpose of reference, we purchased the building on Hill Street in June 2005, and spent the subsequent 12 month; demolishing its interior, extending the west end (2 floors) by —30 feet, and building a state -of the art scientific researcl facility in the new space. Our decision to invest heavily in this reconstruction was influenced by the character of thf neighborhood and its long -range development - as indicated to us at the time - as an arts and sciences corridor. In recen years, we invested significantly in creating a more sustainable operation at the company, specifically with respect to water and electrical use. In the latter regard, we installed a 19 -panel 4.5 kW solar system on the building's roof in 2012, which generates a significant portion of the total electricity used by the Omicron operation. In the coming years, we hope to extenc this array. We are writing to express strong opposition to rezoning the area at 140 Niles to allow construction of buildings with heights as great as 96 feet. We believe this change in building code is incompatible with the existing structures in the vicinity, and will result in a lower quality of life for people and businesses in the area over the long term. We believe that siting the proposed tall structure will be visually unappealing to visitors confronting this building while crossing the Jefferson Bridge across the St Joseph River. We do not believe the proposed building would be an appropriate gateway to the neighborhood. Given that all of the buildings in the area are 3 stories or less in height, siting a 96 ft -high structure would detract from the charm of the neighborhood by towering over all nearby structures. In addition, it would affect the flow of sunlight and produce a less - than - optimal environment for people living and working in the area. While we enthusiastically support the development of 140 Niles, we do not believe the proposed development strategy is a wise one. We favor the siting of any new building three stories or less in order to maintain and preserve the natural beauty and building topology of the area, and retain its local charm. We have requested an analysis, from the installer of the system, of the potential negative effects of locating a 96 -11 building southwest of our building on Hill Street on the electrical power generated by our solar system. The impact is significant. Thus, the proposed 96 -11 building would negatively affect our return on investment, and impact the economics of siting more solar panels on our roof in the future. We thus urge the Area Planning Commission to reject this rezoning request. It is topographically inconsistent with the general area on the East Bank of the CBD. It will negatively impact the local environment and reduce the quality of life of people living and working in the area. It will be visually unappealing. It will exert a negative impact on our ability to generate electrical power from our solar system. We support the development of this area, but in a manner compatible with the current buildings in the area. Sincerely, Ann and Anthony Serianni file: / /C: \Documents and Settings \jparcell \Local Settings \Temp\XPgrpwise \53A00768SJC DOMAINCCPOI... 6/17/2014 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 140 NILES AVE., COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The lot is currently zoned as CB District and we are proposing I be changed to PUD. The PUD zoning is based on the existing CB zoning ordinance requirements, with modifications to building height and number of stores. This proposal will allow construction of a 6 story mixed use building. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot numbered eleven (11), River Rac e thereof recorded September 20, 2012 the Recorder of Saint Joseph County, Townhomes Minor Subdivision as per plat as instrument number 1229942 in the Office of Indiana be and the same is hereby established as PUD Planned Unit Development District. SECTION II. This ordinance shall be in full force and effect from and after its passage by 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 _day of 2 , at o'clock . M. City Clerk Approved and signed by me on the day of at o'clock . M. I st READING S, ('L— I I PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Deputy Mayor, City of South Bend, Indiana 2 , Filed it office 3 2014 JOHN+t:'4: tl1Ye CITY CLERK, SOUTH BEND, IN JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR COMMISSION OF ST. JOSEPH COUNTY, IN 111 W. JEFFERSON FLVO.. BOOM 1110 COUNTY. CITY BUILDING. SOUTH BEND. INOIANA ,6601 IS>FI I15-F511 June 18, 2014 St. Joseph County Council 4th Floor, County -City Building South Bend, Indiana 46601 RE: Bill # 32 -14 Rezoning 140 Niles (River Race Townhomes) Dear Council Members: The following changes have been made to the Ordinance for the above - referenced petition: Development Standards: 1) 21 -03.06 (b) (4) (B) (ii): words were changed to match numbers. 2) 21 -07.01 (b) (1): Added "Hardscape plazas are also exempt." Ordinance: These changes were filed previously with the City Clerk. 3) The address was changed to 140 Niles, the address on file with the City Engineer's office. 4) The councilmanic district was corrected from 3 to 4. 5) A type was corrected in the "Statement of Purpose and Intent ": CB District to CBD District. If you have any further questions, please call me at 574 - 235 -9571. Sincerely, C,i1� Christa Hill Planner SERVING ST, JOSEPH COVNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA, R ROSELANG WW W. ST 105 1 PH C 0 U N T Y I N O I A N A. C OM PETITION TO REZONE City of South Bent, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 140 S. Niles Ave. South Bend IN 46617 (Conner of Jefferson and S. Niles Ave) 2) The property Tax Key Nmriber(s) is/are: 71- 08 -12- 253 - 035.000 -026 3) Name and address of property owner(s) of the petition site: River Race Townhomes LLC 121 S. Niles Ave South Bend, IN 46617 979 -739 -2640 David@MattheivALC. corn Name and address of additional property o-wners, if applicable: 4) Name and address of contingent purchaser(s), if applicable: Name and address of additional property owners, if applicable: 5) It is desired and requested that this property be rezoned: From: CBD - Central Business District Additional zoning district. if applicable To: PUD Planned Unit Development District G) This rezoning is requested to allow the following use(s): Residential office. /Professional Services, personal Service, Recreation, Retail, Food Sales and Service, Clothing Service, 7) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key munbers for all properties within 300 feet of the petition property; (b) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 8) BY SIGNZVG THIS PETITION, THE PETITIONERSIPROPERTY O\VNERS OF THE ABOVE- DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA PLAN CONWISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDLNG UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSON'S ACQUIRING AN INTEREST THEREIN. SUCH REPRESENTATIONS SHALL BE \LADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL. CONTACT PERSON: David Matthews 121 S. Niles Ave South Bend, IN 46617 574- 607 -4271 Dovid @MatthervsLLC. com ignature(s) of all property owner(s), or signature of Attorney for all property owner(s): r Filed in C= • _ 1 Office JOHN CITY CLERK, SOUTH SEND, IN Section 21 -03.06 CBD Central Business nictrirr Questions: Clear line of sight. Section 21 -03.06 CBD Central Business.District based PUD Intent — This PUD Planned Unit Development is based off the existing CBD Central Business District. All ordinances applicable to CBD shall apply to this PUD, when city ordinance that applies to CBD conflicts with this document, the modifications in this document have precedence. The intent of this PUD is similar to the intent of the CBD that is established to promote the development of the downtown region of the City of South Bend as a center for trade, finance, government, high density residential and entertainment districts within St. Joseph County and north central Indiana. The regulations of this district are intended to encourage high density, mid -rise and high rise developments which may include a mixture of compatible urban uses. The development standards in this district, while designed to provide for high density development, also encourage a pedestrian friendly environment supportive of urban residential developments, retail, restaurant, theater and similar business and cultural uses associated with major metropolitan areas. (a) Permitted Uses. (1) Primary Uses. (A) Clothine Service: Including but not limited to: Costume Rental; Dressmaking; Dry Cleaning and Laundry Establishment; Millinery (Fabric) Shop; Self- service Laundry, Shoe Repair Shop; Tailor and Pressing Shop; Tuxedo Rental. (B) Educational Uses: Including but not limited to: Child Care Center; Child Care Ministry; Cottage School; Public Library; School — Commercial, Trade or Business. (C) Food Sales and Service: Including but not limited to: Bakery — Retail; Bar *; Cabaret — 21 and Over *; Cabaret — Family; Convenience Store; Dairy Bar — Retail; Delicatessen; Farmers Market; Grocery; Ice Cream Store — Retail; Nightclub *; Restaurant —Fast Food, Restaurant — Family; Restaurant — Family with Lounge; Tavern *; Yogurt Store — Retail. (D) Govemmental Use: Including but not limited to: Governmental Offices; Post Office — without outdoor parking of delivery vehicles. (E) Miscellaneous: Including but not limited to: Bed & Breakfast; Bus, taxi, or limousine terminal, without repair; Clinic (medical, dental or Ord. No.: 9495 -04 Section 21 -03.06 CBD Central Business District optometrists); Conference Center; Cottage Business /Residential; Electrical/ Electronics Repair; Hospital; Hotel; Laboratories; Print Shop; Publishing; Radio/ TV Stations (provided any antenna shall comply with the regulations for Communication / Utilities); Video Production Studios. (Ord. No 9653 -06) (F) Office / Professional Services: Including but not limited to: Architect; Artist; Bank Machines - Walk -up; Construction Companies (office only); Consultant; Contractors (office only); Dentist; Design Services; Engineer; Financial Institution; Insurance Agent; Lawyer; Musician; Physician; Pharmacist; Photographic Studio; Professional Offices; Real Estate Office; Travel Agency. (G) Personal Service: Including but not limited to: Barber Shop; Beauty Shop; Health Spa; Fitness Center. (H) Public Facilities: Including but not limited to: Community Center; Funeral Home; Mortuary; Museum; Public or Private Park — Active or Passive; Religious Use; Commercial Parking Lot; Parking Garage. (I) Recreation: Including but not limited to: Aerobics Studio; Amusement Arcade *; Banquet Hall; Billiard Hall *; Dance Studio; Public Dance Hall*; Social Hall; Theater —indoor. (J) Residential — In CBD Districts Located West of the St Joseph River: Including but not limited to: Dwelling Units — limited to (i) floors above the first floor or (ii) ground floor of the building if located behind another ground floor, non - residential permitted use; Convalescent Home; Nursing Home; Rest Home. (K) Residential — In CBD Districts Located East of the St Joseph River: Including but not limited to: Multifamily dwellings; Dwelling Units — limited to floors above the first or ground floor of the building; Convalescent Home; Nursing Home; Rest Home. (L) Retail: Including but not limited to: Antique Shop; Apparel Shop; Art Gallery; Arts and Craft Store; Bicycle Sales and Service; Camera Store; Card Shop; Clock Shop; Coin and Stamp Shop; Computer Store; Drug Store; Flower Shop; Frame Shop; Gift Shop; Hobby Shop; Toy or Game Shop; Jewelry Store; Liquor Store; Music Store; Newsdealer; Pawnshop *; Shoe Store; Stationery and Book Store; Tobacco Store; Video Store. (M) Utilities: Including but not limited to: Roof -top Antenna. * = Controlled Use. See Section 21 -08.02 — Special Regulations for Controlled Uses for additional requirements. 2 Ord. No.: 9495 -04 (3) (C) (D) Section 21 -03.06 CBD Central Business District Minimum Rear Yard and Setback— The minimum rear yard and setback for all integrated centers and single use sites shall be as follows: i. Minimum Rear Yard - zero (0) feet, however, if a rear yard is provided along a rear lot line not abutting an alley, such setback shall not be less than five (5) feet. ii. Minimum Rear Residential Bufferyard - twenty (20) feet Minimum Yards for Out Lots - All lots which are part of an integrated center shall be considered out lots. Out lots within an integrated center shall not be required to provide a minimum side yard or minimum rear yard along lot lines in common with other out lots. If any portion of an out lot abuts the perimeter of an integrated center, that portion of the out lot shall be required to comply with the applicable minimum front yard, minimum side yard or minimum rear yard requirements set forth above. Use of Minimum Yards and Residential Bufferyards. All minimum yards and residential bufferyards, when required, shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21- 07.01 — Landscape Regulations of this Ordinance and shall remain free from structures, except where expressly permitted below: Plaza Location and Street Frontage Landscaping Ord. No.: 9495 -04 Section 21 -03.06 CBD Central Business District (A) Minimum Front Yards — along limited access highways — may include: parking areas, loading areas, interior access drives, interior access driveways, or gasoline sales areas, provided that no portion of such area may be located closer to the right -of -way than fifteen (15) feet; or, signs as regulated by Section 21 -07.03 — Sign Regulations of this Ordinance, and shall be otherwise maintained as open space free from buildings or structures; ii. along all other streets, when a front yard is provided, such front yard may include: driveways; or, signs as regulated by Section 21 -07.03 — Sign Regulations of this Ordinance, and shall otherwise be developed as plazas in compliance with the following requirements: a. shall be located adjacent to a building, b. shall be surfaced with concrete, brick or other form of hardsurface paver appropriate for the proposed development, except for those areas required for trees, foundation landscaping or planters; C. shall be planted with shade trees spaced twenty -five (25) feet on- center along the portion of the plaza perimeter which abuts the right -of -way of a public street. If trees exist on an abutting lot, the on- center spacing of the trees shall be measured from such existing trees; and, I g1 L.dsc&pJng__`l` RIgMOfiYry Une rwuairie � I Plaza i I @W L.dsc&pJng__`l` RIgMOfiYry Une i Curb On5 "t Perking Example of Tree Placement along Street Frontage Ord. No.: 9495 -04 Section 21 -03.06 CBD Central Business District d. shall maintain surface areas at a slope of less than 3 %, surface areas may be stepped, where appropriate, as necessary to accommodate natural topography. (B) Minimum Front Residential Bufferyards - may include: driveways; or, signs as regulated by Section 21 -07.03 — Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; (C) Minimum Side and Rear Yards — when a side yard or rear yard is provided, such side yard or rear yard may include driveways, interior access driveways, parking areas, loading areas, walkways or other pedestrian way connections to adjoining lots, provided that the remainder of said yards shall be maintained as opens space free from buildings or structures; (D) Minimum Side Residential Bufferyards and Rear Residential Bufferyards — may include walkways or other pedestrian way connections to adjoining residential areas provided that the remainder of said yards shall otherwise be maintained as open space free from buildings or structures. (4) Building Height. (A) CBD Districts Located West of the St. Joseph River: Minimum Front Fagade Height — in the elevation view from the street frontage, twenty -eight (28) feet. ii. Maximum Building Height — the lesser of one - hundred and fifty (150) feet or twelve (12) stories. (B) CBD Districts Located East of the St. Joseph River: i. Minimum Front Fapade Height — in the elevation view from the street frontage, twenty -two (22) feet. ii. Maximum Building Height — the lesser of ninty -six (96) feet or seven (7) stories. (5) Landscaping — See Section 21 -07.01 — Landscape Regulations. (6) Lighting — See Section 21 -07.02 — Lighting Regulations. (7) Signs — See Section 21 -07.03 — Sign Regulations. Ord. No.: 9495 -04 Section 21 -03.06 CBD Central Business District (8) Parking — See Section 21 -07.04 — Off - Street Parking Regulations. (9) Loading — See Section 21 -07.05 — Off - Street Loading Regulations. (10) Greenway Connection Required — If the lot abuts any portion of a greenway, a direct linkage from the project to such greenway shall be provided. (11) Outdoor Operations - All uses and operations (except off-streetparking, off-street loading and delivery and walk -up customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below: (A) Outdoor seating for restaurants provided that such outdoor seating: i. shall be located in a plaza as set forth above; ii. may be located on a sidewalk in an abutting street right -of -way provided that a useable sidewalk width of not less than five (5) feet is maintained and approved by the Board of Public Works; iii. shall be permitted only along the business' tenant bay or storefront fagade; and, iv. shall not block an entrance or exit to or from the business or building; (B) Outdoor display or sales of merchandise: i. shall be located in a plaza as set forth above; ii. may be located on a sidewalk in an abutting street right -of -way provided that a useable sidewalk width of not less than five (5) feet is maintained and approved by the Board of Public Works; iii. shall be permitted only along the business' tenant bay or storefront fagade; iv. shall not block an entrance or exist to or from the business or building, V. shall not exceed ten percent (10 %) of the gross floor area of each non - related and separately operated use; vi. shall be permitted only during the hours of operation of the business and shall be removed at the close of each business day; Ord. No.: 9495 -04 Section 21 -03.06 CBD Central Business District (C) Walk -up customer service windows or Automated Teller Machines (ATM's), provided that such facilities are not free - standing and are set flush with the facade of the building. (12) Architecture: (A) Additions to Existing Buildings: All additions to existing buildings shall utilize building materials that are compatible and harmonious with the materials used on the existing building. (B) Exterior Renovations, Major Additions and Accessory Buildings: Exterior renovations, major additions and accessory buildings to existing buildings or facilities are encouraged to comply with the provisions in sub - Section (C), below, for new construction, however, the minimum requirement for exterior renovations, major additions and accessory buildings shall be the same as in sub - Section (A), above, for additions to existing buildings. (C) New Construction: In order to create variation and interest in the built environment, all new primary buildings shall comply with one (1) of the following two (2) sets of architectural regulations regarding building material and architectural features on each facade visible from a public street: All brick (excluding window, display window, door, roofing, fascia and soffit materials), provided that the brick used on each applicable facade shall include: a. at least two (2) architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.); or, b. at least two (2) colors of brick, with the secondary color constituting a minimum of ten (10) percent of the facade (excluding windows, display windows, doors, roofing, fascia or soffit materials); or, ii. Two (2) or more building materials (excluding window, display window, door and roofing materials), provided: a. Primary Building Material: The primary building material shall be either: brick; stone (limestone, granite, fieldstone, etc.); architectural pre -cast concrete, if the surface looks like brick or stone; Ord. No.: 9495 -04 Section 21 -03.06 CBD Central Business District and shall constitute a minimum of fifty (50) percent of each applicable fagade. b. Secondary Building Material: The secondary building material shall constitute a minimum of zero (0) percent of the fagade. Glass curtain wall or a faux window (not intended for use as a window or display window) may qualify as a secondary building material. C. Architectural Features: In addition, the exterior building material selection shall be supplemented with the use of multiple colors, textures (e.g., rough, smooth, striated, etc.) or architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.) on each facade visible from a public street. Ord. No.: 9495 -04 Section 21 -07.03 Sign. Regulations (g) General Sign Regulations Section 21 -07.03 Sign Regulations. (c) General Sign Regulations. (1) Calculation of Sign Surface Area. (A) Multifaced Signs. The sign surface area for a sign with more than one (1) sign face shall be computed by adding together the sign surface area of all sign faces visible from any one point. When two (2) sign faces are placed back to back, or at no greater than fifteen (15) degrees from one another, so that both 150 faces cannot be viewed from any point at the same time, the sign surface area shall be computed by the measurement of one (1) of the sign faces. In addition, for 4294 I� except off - premise signs, such sign faces that are part of the same sign structure shall not be more than forty-two (42) inches apart. Sign Face Angle and Separation (B) Monument Sign Support Base as Sign Surface Area. In the case of a freestanding monument sign with an ornamental shell or external support structure in excess of twenty -four (24) inches in width and in excess of one (1) foot in height above grade to the base of the sign face, the ornamental shell or external support structure shall be considered to be the background of the display used to differentiate the sign from the backdrop and the area of ornamental shell or external support structure shall be included in the calculation of sign surface area. I Immuouumrmunriori�l m anMis wpport wurrh lynwrhraam ag.d. Ihnmmumrnvuunun Ontle Support Base — Not Sign Surface Area Support Base — Part of Sign Surface Area no Ord. No.: 9495 -04 (C) Sign Surface Area Determinations. When calculating the sign surface area of any sign, a maximum of three (3) distinct and abutting "Areas" made up of circles, ovals squares or rectangles may be used to Section 21 -07.03 Sign Regulations (g) General Sign Regulations - Area Area 2 encompass the extreme limits of the writing " """""" .......... % representation, emblem, a11..cM Hrevan1 .... or other display, together �• Area 3 with any material or color forming an integral part Areas Used to Determine Sign Surface Area of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. In the case of a freestanding monument sign with a base or pole cover not in excess of twenty -four (24) inches in width and not in excess of one (1) foot in height above grade to the base of the sign face, a maximum of two (2) "Support Areas" shall be permitted which shall not be included in the count of the maximum number of "Areas ". Any such additional "Support Areas ", or "Support Areas" in excess of twenty -four (24) inches in width and in excess of one (1) foot in height above grade to the base of the sign face, shall be included in the overall calculation of sign surface area. (D) Fagade Area Calculations for Building Signs — When calculating the area of a facade upon which a building sign maybe placed, the following regulations shall be followed to determine the area of the fagade: n�� M =11=1 Fagade Area = A X B Fagade Area Calculations— Square or Rectangular Shaped Fagade Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (g) General Sign Regulations i. Square or Rectangular Shaped Fagade — The area of the fagade of the building or tenant space shall be the length of the building or tenant space times the height of the building or tenant space. ii. Irregular Shaped Fagade — The area of the fagade shall be the actual surface area of the fagade of the building or tenant space above grade and beneath the top of the wall. ®— Facade Area Fagade Area — Irregular Shaped Facade Lower Level Signs In the MU Districts or CBD Districts — The area of the fagade for lower level building signs shall be the actual surface area of the fagade of the building or tenant space above grade and beneath the lesser of top of the wall or eighteen (18) feet above grade. iv. Upper Level Signs in the MU Districts or CBD Districts - The area of the fagade for upper level building signs shall be the actual surface area of the fagade of the building or tenant space located above eighteen (18) feet Above grade. Upper Level Sign Facade AXB Lower Level Sign Facade AXIS' "pper Level ign Facade Lower Level Sign Facade CX18' Fagade Area — Upper and Lower Level Signs Ord. No.: 9495 -04 (E) Section 21 -07.03 Sign Regulations (g) General Sign Regulations V. Buildings With Irregular Footprints — The area of the fagade shall be determined by the smallest two dimensional area, pursuant to the above regulations, from which the fagade, or portion thereof, may be viewed. Signs on Ornamental, Decorative Fence or Masonry Wall — The sign surface area of a sign face located on an ornamental, decorative fence or masonry wall shall be limited to the area of the sign face only if the fence or wall has a length of not less than three (3) times the width of the sign or message element. If a fence or wall is less than three (3) times the width of the sign or message element, the fence or wall shall be deemed to be part of the background of the display used to differentiate the sign from the backdrop and the entire area of the fence or wall shall be considered part of the sign surface area. Facade A 0 7� I2 m m U. q �I )13 a Facade C Facade A -Sign 1 Facade B - Signs 2 & 3 Facade C - Sign 4 Facade D - Signs 5, 6 & 7 Facade Area for Buildings with Irregular Footprints Ornamental, Decorative Fence or Masonry Wall Greater Than Three Times Length of Sign (2) Freestanding Signs as Accessory Structures. Freestanding signs and sign structures are hereby declared to be accessory structures. As accessory structures,freestanding signs and sign structures may not occupy a lot without a primary use or building also being legally located on the lot, unless in compliance with the regulations of this ordinance for temporary signs or off-premise signs. Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (g) General Sign Regulations (3) Removal of Freestanding Signs. Notwithstanding anything contained in Section 21 -01.03 (k) — Legally Established Nonconforming Signs to the contrary, freestanding on premise signs and sign structures, shall be subject to the following removal provisions: (Ord. No. 10269- 13, 11- 11 -13) (A) When the building, or any activity, business, entertainment, commodity, product, profession or service conducted, manufactured, offered or sold on the premise not located in a building, is removed, any sign and sign structure located on the lot and accessory to such building, or activity, business, entertainment, commodity, product, profession or service shall also be removed coincidentally with the removal of such building, or activity, business, entertainment, commodity, product, profession or service. Any new sign or sign structure located after such coincident removal, shall be located in compliance with the provisions of this Ordinance. (B) When a legally established nonconforming building, or any activity, business, entertainment, commodity, product, profession or service not located in a building, suffers a partial destruction in excess of the value specified in Section 21 -01.03 (k) — Legally Established NonconformiEg Si is of this Ordinance and such building, or activity, business, entertainment, commodity, product, profession or service must be removed and brought into compliance with the terms of this Ordinance, any sign or sign structure located on the lot shall also be brought into compliance with the terms of this Ordinance. (Ord. No. 10269 -13, 11 -11- 13) (4) Cutting of Trees or Shrubs. No person, for the purpose of increasing or enhancing the visibility of any sign, shall damage, trim, destroy, or remove any trees, shrubs or other vegetation located: (A) Within any public street right -of -way unless the work is done pursuant to the express written authorization of the governmental department having jurisdiction over said public street; (B) On property that is not under ownership or control of the person doing or responsible for such work unless the work is done pursuant to the express authorization of the person owning the property where such trees or shrubs are located; or, Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (g) General Sign Regulations (C) In any area where such trees or shrubs are required to remain under a permit issued under this Ordinance. (5) Illuminated Signs. (A) Lighting directed towards a sign shall be shielded so that it illuminates only the sign surface and does not shine on, cause glare to or otherwise impair the vision of the driver of any motor vehicle traveling on a public right -of -way. (B) This sub - Section shall not apply to signs that are an integral part of a vending machine, telephone booth or, do not exceed two (2) square feet in sign surface area. (6) Changeable Copy Signs. Changeable copy signs shall be permitted as part of an otherwise permitted sign, provided that: (A) If a single use site, a maximum of one (1) changeable copy sign shall be permitted which may be part of either a freestanding sign or a wall sign; (B) If an integrated center, either one (1) changeable copy sign shall be permitted as part of a freestanding sign, or each individual use within an integrated center shall be permitted one (1) changeable copy sign as part of a permitted wall sign; (C) A changeable copy sign may be used as part of either a freestanding sign or as part of a wall sign, but not both; and, (D) The changeable copy sign shall not exceed forty (40) percent of the sign surface area of the permitted sign. (7) Gasoline Service Station Signs. Signs may be located on a gasoline island canopy, gasoline island spandrels, pump islands or dispensers and shall be considered as and regulated as building wall signs subject to the following exceptions: (A) Such signs located on a gasoline island canopy, gasoline island spandrels, gasoline pump islands or gasoline dispensers shall not exceed: fifty (50) percent of the surface area of the facade of the canopy; or, Ord. No.: 9495 -04 B ii. fifty (50) percent of the fagade of the gasoline dispensers, spandrel or pump island upon which such sign is located. (B) Such signs may be located on either a gasoline island spandrel or a Gasoline Service Station — Canopy, Spandrel, Pump Island and H Maintenance of Signs. Signs Nothing contained in this Ordinance shall be construed to prevent the maintenance, repainting or posting of legally established signs. Maintenance shall include the replacement of sign surfaces within a sign structure provided that the sign structure is not removed or changed in any dimension. All signs shall be maintained in good repair (e.g., without pealing paint or broken sign faces) and in operable condition (e.g., if internally illuminated, all light bulbs or tubes shall be operational) at all times. The City of South Bend may order the removal of any sign which becomes a public hazard due to lack of maintenance and repair. (9) Compliance with Other Codes. All signs shall be constructed, connected, operated and maintained according to the specifications of the building and electrical codes of the City of South Bend. (10) Clear Sight Areas. No sign shall interfere with the clear sight area specified in Section 21 -01.01 (t) — Clear Sight Area Requirements. Section 21 -07.03 Sign Regulations (e) On- Premise Signs: MU & CBD Districts Section 21 -07.03 Sign Regulations. (d) On- Premise Signs: MU - Mixed Use District and CBD — Central Business District (1) Freestanding Identification Signs. (A) Type of Signs. Freestanding identification signs shall be monument signs. (B) Number of Signs. One (1) freestanding identification sign shall be permitted for each street or limited access highway which abuts a lot. When a lot abuts more than one street or limited access highway and qualifies for an additional f eestanding identification sign, the minimum separation between freestanding identification signs on the lot, regardless of the orientation of the freestanding identification signs, shall be one hundred (100) feet. (C) Maximum Sign Surface Area of Freestanding Signs. Maximum sign surface area shall apply individually to each street or limited access highway. The maximum sign surface area shall not exceed one (1) square foot for each one (1) lineal foot that a lot abuts a street or limited access highway to a maximum sign surface area of: MU District — thirty -two (32) square feet per street or limited access highway. ii. CBD Disrtrict — sixty -four (64) square feet per street or limited access highway. (D) Minimum Front Yard Setback, Side Yard Setback and Rear Yard Setback for Freestanding Identification Signs. Limited Access Highway — The minimum front yard setback for any f eestanding identification sign shall be fifty (50) feet from proposed right -of -way. Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (e) On- Premise Signs: MU & CBD Districts ii. All Other Streets — There shall be no minimum required front yard setback, side yard setback or rear yard setback for freestanding identification signs, provided, however, such signs shall not encroach into any public right -of -way or any clear sight area regulated by Section 21 -01.01 (t) — Clear Sight Area Requirements. (E) Maximum Height of Freestanding Identification Signs. The maximum height of a freestanding monument identification sign shall not exceed: i. MU District — eight (8) feet in height above grade. ii. CBD District — fifteen (15) feet in height above grade. (2) Building Identification Signs in the MU District and CBD District. (A) Lower Level Building Identification Signs. Building identification signs located on the first eighteen (18) feet of building height or the actual building height, whichever is less, shall be considered lower level building identification signs. Lower level building identification signs shall be limited to wall signs. lu addition, awning signs, canopy signs or marquee signs may be permitted subject to the provisions of Section 21 -07.03 (e) (2) (D), below, or projecting signs may be permitted subject to the provisions of Section 21 -07.03 (e) (2) (C), below. (Ord. No. 10269 -13, 11- 11 -13) The total sign surface area of all lower level building identification signs oriented to an individual facade shall not exceed: i. Front Facade — ten (10) percent of the total area of the first eighteen (18) feet or the actual building height, whichever is lesser, of front facade of a building; and, ii. Side Facade and Rear Facade — five (5) percent of the total area of the first eighteen (18) feet or the actual building height, whichever is lesser, of a side or rear facade of a building, provided, however, that for any side facade or rear facade of a building oriented toward a customer parking area, street or limited access highway, the maximum sign surface area of ten (10) percent shall apply. Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (e) On- Premise Signs: MU & CBD Districts (B) Upper Level Building Identification Signs. Building identification signs located above the first eighteen (18) feet of building height shall be considered upper level building identification signs. The total sign surface area of all upper level building identification signs oriented to an individual facade shall not exceed: i. Front Facade - fifty (50) percent of the total area of the front facade of a building located above eighteen (18) feet above grade; and, ii. Side and Rear Facades - three (3) percent of the total area of a side or rear facade of a building located above eighteen (18) feet above grade, provided, however, that for any side facade or rear facade of a building oriented toward a customer parking area, street or limited access highway, the maximum sign surface area of five (5) percent shall apply. F-11 Upper Level I UVU Sign Facade B A X B Upper Level C Sign Facade Lower Level I I Lower Level Sign Facade 18' 18' Sign Facade 10HU1 H F A X 18' JI, C X 18' Determination of Lower Level / Upper Level Signs Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (e) On- Premise Signs: MU & CBD Districts (C) Projecting Building Identification Signs. Maximum Height of Projecting Building Identification Signs. Projecting building identification signs shall not extend ten (10) feet above the roof line. ii. Sign Surface Area. a. Total Area — The sign surface area of a projecting building identification sign shall not exceed the sign surface area allocated to either: lower level building identification signs; or, upper level building identification signs, whichever is applicable based upon the location on fagade of the building upon which the projecting building identification sign is attached. 1.1 Sign Split between upper and Lower Levels — hi the case of projecting Sign a projecting building identification sign located partially as a lower level sign and partially as an upper level sign, the sign surface area regulations regarding upper level building identification signs shall apply. C. Corner Lots — In the case of a projecting building identification sign located on the comer of a building oriented toward the intersection of two or more streets, such comer projecting building identification sign shall count against the total sign surface area of building identification signs authorized on the smaller front fagade. Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (e) On- Premise Signs: MU & CBD Districts Maximum Number of Projecting Building Identification Signs. a. Front Fagade — One (1) projecting building identification sign shall be permitted for each two - hundred (200) feet in width of a front faVade of a building oriented toward a street. Whenever more than one (1) projecting building identification sign is permitted, the minimum separation between projecting building identification signs oriented toward the same street shall one - hundred (100) feet. b. Corner Lots — In the case of a building located on a corner lot, a projecting building identification sign maybe located at the corner of the building oriented toward the intersection of two or more streets, provided, however, that no other projecting building identification signs shall be located on the same building within one - hundred (100) feet of a comer projecting building identification sign, regardless of orientation. iv. Maximum Projection from Building for Projecting Building Identification Signs. a. Projection from Building — No projecting building identification sign or sign structure supporting a projecting building identification sign shall extend more than eight (8) feet from or beyond its supporting building. b. Distance from Curb — No projecting building identification sign or sign structure shall not extend any closer to an imaginary perpendicular vertical plane located at the street pavement line, curb or outside edge of sidewalk than three (3) feet. a. Encroachment over Right -of -Way— Projecting building identification signs in compliance with the above regulations may project into the air rights of a public right -of -way if approval for such encroachment into the air rights of a public right -of -way is obtained from the governmental authority having jurisdiction prior to the placement of the projecting building identification sign. Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (e) On- Premise Signs: MU & CBD Districts ii. Minimum Height Above Grade for a Projecting Building Identification Sign. The bottom edge of a projecting building identification sign shall not be less than ten (10) feet above grade over a walkway or fifteen (15) feet above grade over a driveway. (F) Awning Sign, Canopy Sign or Marquee Sign. Wherever a lower level building identification sign is permitted, the use of an awning sign, canopy sign or marquee sign shall be allowed subject to the following provisions: i. Total Area — The total area of the awning, canopy or marquee (i.e., the combined two dimensional surface area of all sides of the awning, canopy or marquee) shall not exceed the sign surface area allocated to lower level building identification signs on the facade of the building upon which the awning, canopy or marquee is attached. ii. Sign Surface — The portion of the awning, canopy or marquee which includes a sign surface shall not exceed: fifty (50) percent of the total area of an awning or canopy; or, seventy -five (75) percent of the total area of a marquee. Clearance to Grade — The bottom edge of the: awning or canopy shall: not be less than eight foot — six inches (8'— 6 ") above grade over a walkway for any portion of a rigid framing; and, not less than seven foot — six inches (7'— 6 ") above grade over a walkway for any portion of a flexible cloth, canvas or similar skirt which may be suspended below the rigid framing a maximum of one (1) foot; marquee shall not be less than nine (9) feet above grade over a walkway; or, Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (e) On- Premise Signs: MU & CBD Districts awning, canopy or marquee shall not be less than fifteen (15) feet above grade over a driveway, interior access drive or alley. iv. Projection from Building — The maximum projection of an awning, canopy or marquee shall not exceed eight (8) feet from or beyond its supporting building and shall not project beyond any walkway adjacent to the building. V. Marquee Sign — A marquee sign may include a non - changeable copy sign attached to or mounted on top of a marquee, subject to the sign surface area limitations set forth above. vi. Encroachment Over Public Right -of -Way — No awning, canopy or marquee shall encroach into the air rights of any public street right -of -way. (11) Incidental Signs. (A) Type of Signs. Incidental signs shall be monument signs or wall signs. (E) Number of Signs. i. If a lot has one (1) driveway, two (2) incidental directional signs shall be permitted at the driveway entrance or exit; ii. If a lot has more than one (1) driveway, one (1) incidental directional sign shall be permitted for each driveway; and, iii. One (1) incidental directional sign or one (1) incidental parking and loading sign shall be permitted at each critical turning point along an interior access drive when required to safely direct vehicular traffic (e.g., to direct vehicular traffic to: a drive -up window; a customer or employee parking area; or, a delivery or loading area). Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (e) On- Premise Signs: MU & CBD Districts (C) Maximum Sign Surface Area of Incidental Signs. The maximum sign surface area of incidental signs shall not exceed: i. MU District — two (2) square feet in sign surface area per sign. ii. CBD District — six (6) square feet in sign surface area per sign. (D) Minimum Front Yard Setback, Side Yard Setback and Rear Yard Setback for Freestanding Incidental Signs. There shall be no minimum required front yard setback, side yard setback or rear yard setback for freestanding incidental signs, provided, however, such signs shall not encroach into any public right -of -way. (E) Maximum Height of Freestanding Incidental Signs. The maximum height of a freestanding incidental monument sign shall not exceed four (4) feet in height above grade. (12) Suspended Signs. Suspended signs shall be permitted on any building containing two or more individual, non - related and separately operated uses subject to the following regulations: (A) There shall be no more than one (1) suspended sign per front facade of the structure or tenant space of each grade -level tenant. (B) The maximum sign surface area of a suspended sign shall not exceed five (13) square feet. (C) All portions of the suspended sign or sign structure shall be not less than eight foot — six inches (8'— 6 ") above finished grade if made of rigid construction, or seven foot — six inches (7'— 6 ") above grade is made of a flexible cloth, canvas or similar material. Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses Section 21 -08.02 Special Regulations for Controlled Uses. Controlled uses are hereby recognized as having objectionable secondary impacts. A concentration of controlled uses in a particular area can increase the impact of those objectionable secondary impacts to the point where a deleterious impact is created on area properties. In order to prevent the concentration of controlled uses and to prevent such deleterious impacts from leading to the development of blighted areas, any controlled use, in addition to the permitted use and development standard regulations specified in any applicable Commercial / Mixed Use District or Industrial District, shall also be subject to the following additional regulations: (a) Where Permitted: Controlled uses shall be allowed as primary uses or special exception uses in Commercial / Mixed Use Districts, Industrial Districts or PUD Districts as specified in the following Table: Controlled Ilse District OB ilIU O LB CB CBD GB LI GI PUD Adult BrrsinesS - - - - - - SE P AmnsementArcade - SE SE P P P _ Bar• l Tavern - SE - P P P P SE P Xk,hrclub - SE P P P P SE P Cabaret — 21 and a-er - SE P P P P Cabaret— Adrrlt - - - SE P Gun Shops and Gunsmith Shops _ SE SE Pawnshop _ _ p P P p _ Billiard Hall - SE - SE P P P Public Dance Hall - - - SE P P P Off -Track Pari- mutuel -agering facili SE SE SE SE SE Casinos•, Approved Hotels and other areas where gambling ganmes SE SE SE SE SE are conducted Tattoo, Bodr Piercing, Scarfing and Branding SE SE SE SE P P Establishments P — Permitted as a Pr•inuo•m• Use SE — Permitted only as a .S�ecial Exception Use — Permitted only if specified in the PUD District Ordinance — Not Permitted Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses (b) Additional Development Standards for Controlled Uses: Controlled uses, where permitted, shall be subject to the following additional development standards: (1) Spacing Regulations: (A) General — No building or lot may be used and no building may be erected, moved, structurally altered or enlarged for any controlled use, if such building or lot is located within one - thousand (1,000) feet of any two (2): i. controlled uses; ii. family restaurant with lounge; iii. cabaret — family; or, iv. Controlled Uses, as defined and regulated, shall consider the location of any business establishment with four (4) or more amusement devices, to determine and meet the spacing regulations of such adult businesses. (Ord. 9760 -07) provided, however, a controlled use may be structurally altered for the purposes of constructing, enlarging or refurbishing kitchen, food service, restroom or indoor storage areas, if: (i) such structural alterations are performed within the existing building; and, (ii) the seating capacity or patron service area is not increased. (B) Adult Businesses — For the reasons outlined in Ordinance No. 9132 -00, of the City of South Bend, Indiana, the Statement of Purpose and hitent of which is hereby incorporated herein by this reference, no adult business shall be located within five- hundred (500) feet of any: i. district within the City of South Bend, St. Joseph County or the City of Mishawaka which allows any residential use as a primary use; ii. lot being legally established for a dwelling use, religious use, school use or park use or, any of the following districts: a. In the City of South Bend: Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses 1. SFl —Single Family and Two Family District 2. S172 — Single Family and Two Family District 3. MFI — Urban Corridor Multifamily District 4. MF2 — High Density Multifamily District 5. OB — Office / Buffer District 6. MU —Mixed Use District 7. O — Office District 8. LB — Local Business District 9. CB — Community Business District 10. CBD — Central Business District 11. PUD — Planned Unit Development District (that does not specifically include adult businesses as permitted uses) 12. U — University District b. In St. Joseph County: 1. C -2 — Planned Shopping Center District 2. R — Single Family Residence 3. R -1— Mobile Home Park 4. R -2 — Multifamily 5. A — Agriculture District 6. O — Office District 7. O/B — Office / Buffer District 8. B — Business District C. In the City of Mishawaka: 1. R -1— Single Family 2. R -2 — Single and Multifamily 3. R -3 — Preference for Multifamily 4. R -4 — Mobile Home 5. C -2 — Shopping Center 6. PUD — Planned Unit Development (C) Tattoo, Body Piercing, Scarifying and Branding Establishments — No tattoo, body piercing, scarifying and branding establishment shall be located within five- hundred (500) feet of (i) any religious use; or, (ii) any public or parochial school for children in any grades from K through 12. (D) Gun Sales or Gunsmith Shops — No firearms or ammunition shall be sold in any gun sales or gunsmith shops within two- hundred (200) feet of any: Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses (i) any public or parochial school for children in any grades from K through 12; (ii) child care center; or, (iii) child care ministry. (E) Exemption: hi order to promote the use of the downtown and East Bank area as a regional retail business and convention center, any Class A cabaret or restaurant which sells beer or intoxicating liquor for consumption on the premises, any pool hall or billiard hall, and any wagering, off -track pari- mutual wagering facility is exempt, for the purpose of this chapter, from the locational restrictions in section 21- 08.02(b)(1)(A) herein, in the area bounded by a line drawn as follows: Beginning at a point formed by the intersection of the north right -of -way line of Madison Avenue and the west right -of -way line of William Street; thence south along the west right -of -way line of William Street to the first alley south of Western Avenue; thence west along said alley to the west right -of -way line of Taylor Street; thence south along said right -of -way to the north right -of -way line of South Street; thence east along said right -of- way to the west right -of -way line of William Street; thence south along said right -of -way, extended to the south right -of -way of the Conrail property; thence southeasterly along said right -of -way to the west right -of- way of Lafayette Boulevard; thence north along said right -of -way to the south right -of -way line of Monroe Street; thence east along said right -of- way to the southwest right -of -way line of Lincolnway East; thence southeasterly along said right -of -way to the southeast right -of -way line of the portion of Monroe Street between Lincolnway East and the St. Joseph River; thence northeasterly along said right -of -way to its intersection with the centerline of the St. Joseph River; thence northwesterly along said centerline to the north right -of -way line of Jefferson Boulevard; thence east along said right -of -way to the first alley east of Niles Avenue; thence north along said alley, extended, to the north right -of -way line, extended, of Sorin Street; thence west along said right -of -way to the east right -of- way line of Niles Avenue; thence north along said right -of -way to the second alley north of Sorin Street; thence west along said alley, extended, to the centerline of the St. Joseph River; thence southwesterly along said centerline to the north right -of -way line, extended, of Madison Avenue; thence west along said right -of -way to the west right -of -way line of William Street, which is the point of beginning, all in the City of South Bend, St. Joseph County, State of Indiana. (Ord. No. 9513 -04) Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses (2) Measurement of distance for controlled uses shall be as follows: (A) Single Use Sites — All measurements shall be from the lot lines of the lot or out lot occupied by the controlled use. (B) Integrated Centers — All measurements shall be from the perimeter walls of the tenant space occupied by the controlled use. (C) Straight Line — All distance measurements shall be measured in a straight line, without regard to intervening buildings, structures or objects. (3) Exterior Display for Adult Businesses. Notwithstanding any other provisions of this Ordinance to the contrary, all exterior displays for an adult business shall comply with the following regulations. (A) No adult business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decorations, sign, show window or other opening from any public right -of -way. (B) Number of Signs. Not more than one (1) business wall sign shall be permitted for an adult business and said business wall sign shall be permitted only on the front facade of the building. In addition to the one (1) permitted business wall sign, an adult business may be permitted not more than one (1) freestanding sign structure (i.e., a pole sign, a pylon sign or aground sign) if permitted by Section 21 -07.03 — Sign Regulations of this Ordinance, and any amendments thereto, and if such freestanding sign meets all of the requirements of the district in which it is located. All other sign structures shall be prohibited. (C) Sign Surface Area. The sign surface area of a business wall sign for an adult business shall not exceed sixteen (16) square feet. The maximum sign surface area of a freestanding sign structure (i.e., a pole sign, a pylon sign or aground sign), where permitted, shall not forty -eight (48) square feet. (D) Lighting. Signs and sign structures may be illuminated, provided, however, such illumination shall not be by way of exposed neon, exterior lighting (e.g., spot or flood lights) or any flashing or animated lights (either interior to the sign, on the exterior of the sign, or as a border to the sign). Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses (4) Continuation of Nonconforming Use. This Section 21.08.02 is subject to the provisions of Section 21 -01.03 — Nonconforming Lots, Uses, Buildines Structures or Signs. (c) Definitions for Adult Businesses. The following terms related to adult businesses shall be defined as set forth below. All other terms shall have the meaning set forth in Section 21 -11 — Definitions of this Ordinance. (1) Adult Bookstore: An establishment having as a preponderance of its stock in trade or its dollar volume in trade, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. (2) Adult Cabaret (a.k.a. Class B Cabaret): Any cabaret, nightclub, bar, tavern, restaurant or similar establishment, not including a 21 & over cabaret, a family cabaret, family restaurant, orfamily restaurant with lounge, which features: a. Persons who appear in a state of semi - nudity; b. Live performances by topless or bottomless dancers, go -go dancers, exotic dancers, strippers, or similar entertainers where such performances are distinguished or characterized by the exposure of specified anatomical areas or by emphasis on specified sexual activities; C. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons; or, d. Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers. (3) Adult Drive -In Theater: An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats in which a preponderance of the total presentation time is devoted to the showing of materials distinguished or characterized by an emphasis on matter depicting, describing or relating to Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses specified sexual activities or specified anatomical areas for observation by patrons. (4) Adult Business: An Adult Bookstore, Adult Motion Picture Theater, Adult Mini Motion Picture Theater, Adult Motion Picture Arcade, Adult Cabaret (a.k.a. Class B Cabaret), Adult Drive -in Theater, Adult Live Entertainment Arcade, Adult Motel or Adult Service Establishment. (5) Adult Live Entertainment Arcade: Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to view from an enclosed or screened area or booth a series of live dance routines, strip performances or other gyrational choreography which performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas. (6) Adult Mini Motion Picture Theater: An enclosed building with a capacity of more than five (5) but less than fifty (50) persons, used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which a preponderance of the total presentation time is devoted to the showing of materials which are distinguished or characterized by an, emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (7) Adult Motel: A hotel, motel or similar establishment offering public accommodations for any form of consideration which provides patrons, upon request, with closed- circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (8) Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug- operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image- reducing devices are maintained to show images to five (5) or fewer persons per machine at one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses (9) Adult Motion Picture Theater: An enclosed building with a capacity of fifty (50) or more persons used for presenting films, motion pictures, video cassettes, slide or similar photographic reproductions in which a preponderance of the total presentation time is devoted to showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (10) Adult Service Establishment: Any building, structure, premises or other facility, or any part thereof, under common ownership or control which provides a preponderance of services involving specified sexual activities or display of specified anatomical areas. (11) Enlargement Of An Adult Business: An increase in the size of the building, structure or premises in which the adult business is conducted by either construction or use of. (1) an adjacent building; (2) an additional building; or, (3) the construction or use of any portion of an adjacent building or additional building, whether located on the same or an adjacent lot or parcel of land. (12) Establishing An Adult Business: Any of the following: (A) The opening or commencement of an adult business as a new business; (B) The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined herein; (C) The addition of any of the features of one or more of the adult businesses defined herein to an existing business; (D) The addition of any of the adult businesses defined herein to any other existing adult business; or (E) The relocation of any adult business. (13) Nonconforming Adult Use: Any building, structure or land legally established as an adult business prior to the effective date of this Ordinance, but which would be prohibited, regulated or restricted under the provisions of this Ordinance. (14) Reconstruction Of An Adult Business: The rebuilding or restoration of any nonconforming adult business use which was damaged or partially destroyed by an exercise of the power of eminent domain, or by fire, flood, wind, explosion or other calamity or act of God if the damage or destruction exceeds fifty (50) percent of the fair market value of the building, structure or the facilities affected. Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses (15) Resumption: The reuse or reoccupation of a nonconforming adult business use which has been discontinued for a period of six (6) or more consecutive months. (16) Services Involving Specified Sexual Activities Or Display Of Specified Anatomical Areas (as used to define an Adult Service Establishment): Any combination of two (2) or more of the following activities: (A) The sale or display of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; (B) The presentation of films, motion pictures, video cassettes, slides, or similar photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons; (C) The operation of coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices to show images to five (5) or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas; or (D) Live performances by topless or bottomless dances, go -go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. (17) Specified Anatomical Areas: Any of the following: (A) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or, (B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses (18) Specified Sexual Activities: Any of the following: (A) Human genitals in a state of sexual stimulation or arousal; (B) Acts of human masturbation, sexual intercourse or sodomy; (C) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts; (D) Flagellation or torture in the context of a sexual relationship; (E) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; (F) Erotic touching, fondling or other such contact with an animal by a human being; or, (G) Human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in (A) through (F) above. (19) Structural Alteration Of An Adult Business: Any change which would prolong the life of the supporting members of a building or structure such as bearing walls, columns, beams or girders, except such changes as are ordered made pursuant to the provisions of the Unsafe Building Law, IC 36- 7 -9 -1, and any amendments thereto. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations ARTICLE 7 GENERAL REGULATIONS SECTION 21 -07 GENERAL REGULATIONS Section 21 -07.01 Landscape Regulations. Intent - Landscaping is an essential element of the site design process and is an important feature in promoting the public health, safety, comfort, convenience and general welfare of the City of South Bend. Landscaping is intended to: mitigate incompatibilities between adjacent land uses; reduce the negative impacts of higher intensity land uses on less intense adjacent land uses; provide a critical visual and noise buffering effect between higher intensity districts and less intense districts; lessen the impact of development on the environment by reducing glare and heat buildup; and, break up large expanses of pavement so as to reduce impervious surface area, stone water run -off and the level of pollutants from non -point sources. (a) General Landscaping Provisions. (1) Applicability— Within the City of South Bend, all new developments and all additions to existing development (i.e., building additions, parking area expansions, etc.) shall provide landscaping as required by this Section for such new development or addition. (2) Location of Landscaping — Required landscaping areas shall consist of four (4) locations on a site: (i) landscaping of required perimeter yards or residential bufferyards; (ii) foundation landscaping; (iii) interior parking area landscaping; and, (iv) parking area screening. (3) Types of Landscape Screening — Three (3) types of landscape screening are provided for in this Section: (i) Type A: Oven; (ii) Type B: Partial Screening; and, (iii) Tyne C: Full Screening. These three (3) types of landscape screening are intended to provide a progression of screening options suitable to a variety of landscaping and buffering needs between land uses and districts. (A) Type A: Open — The Type A: Open landscaping creates a pleasant visual experience but provides a minimal visual or sound barrier. Therefore, Tvve A: Open landscaping is intended for use on lots where the district of the abutting lots includes permitted uses with similar intensities, lights, sounds and regular operations and would have minimal, if any, negative impact on adjacent properties. Type A: Open landscaping requires a majority of the landscape materials to be of a shade tree variety with flexibility to add color, interest or heavier visual screening, if desired. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations (B) Type B: Partial Screening — The Type B: Partial Screening landscaping creates a partial visual and sound barrier and is intended for use on lots where the district of the abutting lots includes permitted uses that may be similar in land use intensity, but may still contain lights, sounds and regular operations which may adversely impact adjacent properties. Tyne B: Partial Screening landscaping requires the use of evergreen trees to provide year -round buffering while allowing flexibility to add color and interest with deciduous trees or shrubs/hedge plants. (C) Type C: Full Screening — The TTvpe C: Full Screening landscaping shall be designed to create a substantial visual barrier from grade to at least six (6) feet above grade at time of planting. Type C: Full Screent'na landscaping should also provide a sound barrier effect. Twe C: Full Screening landscaping is intended to be placed on lots in higher intensity districts which abut lots located in lesser intense districts that may be adversely impacted by the lights, sounds and regular operations of the higher intensity district. Type C: Full Screening landscaping requires significant use of evergreen trees to provide year -round buffering while allowing flexibility to add color and interest with deciduous trees or shrubs/hedge plants. Any evergreen species that drops its lower branches (e.g., white pines, etc.) shall not be permitted as a "evergreen" tree in a Type C: Full Screening landscape area. Example of Type A — Open Landscaping (4) Example of Type C: Full Screening Landscaping Live Vegetation - All trees and shrubs required by this Section shall be living vegetation. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations (5) Ground Cover - Ground cover within landscape areas may consist of: grasses; preserved existing natural vegetation (i.e., thickets); or, mulch, chipped bark or other natural forms of ground cover. Loose stone, rock or gravel may be used as a landscaping accent, but shall not exceed twenty (20) percent of the area of the required landscape area in which it is used. (b) Landscaping of Required Perimeter Yards and Residential Bufferyards. (1) Yards in All Commercial / Mixed Use Districts, Industrial Districts, Residential Districts for Multifamily Dwelling and Such Yards Along a Limited Access Highway. The following landscaping requirements apply to any portion of a front yard, side yard or rear yard, including yards along a limited access highway, which are located in any Commercial / Mixed Use District, Industrial District, or Residential Districts for multifamily dwellings and which yard is not occupied by improvements pennitted in the sub - Section "Use of Minimum Yards and Residential Bufferyards" in the applicable district. Hardscape plazas are also exempt: (A) Deciduous Shade Trees: A minimum of one (1) shade tree planted for every forty (40) feet of the applicable lot line. Such trees may be evenly spaced at forty (40) feet on center or grouped together, provided however, in no case shall spacing between trees exceed eighty (80) feet; or, (B) Deciduous Ornamental Trees: A minimum of one (1) ornamental tree planted for every twenty -five (25) feet of the applicable lot line. Such trees may be evenly spaced at twenty- five (25) feet on center or grouped together, provided however, in no case shall spacing between trees exceed fifty (50) feet. (2) Landscaping of Required Residential Bufferyards in All Commercial / Mixed Use Districts, Industrial Districts and Residential Districts for Special Exception Uses. Landscaping required in any portion of a front residential bufferyard, side residential bufferyard or rear residential bufferyard located in a: (i) Commercial / Mixed Use District; (ii) Industrial District; or, (iii) Residential District occupied by a special exception use, and which is not occupied by improvements permitted in the sub - Section "Use of Minimum Yards and Residential Bufferyards" in the applicable district, shall consist of either Tvve A: Oven, Type B: Partial Screening or Type C: Full Screening as specified below and in Table 21 -07.01 — A: Residential Buffervard Landscaping. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations TABLE 21- 07.01— A: RESIDENTIAL BUFFERYARD LANDSCAPING Zoning of Zoning of Subject Property Adjacent Property SE / Uttl OB MU O LB CB CBD GB LI GI PUD SFl (4) B B B B B B B C C C (2) SF2 (4) B B B B B B B C C C (2) MF1 (4) A B B B B B B C C C (2) MF2 (4) A B B B B B B C C C (2) PUD t3) B B B B B B B C C C (2) Special Exception Use located in a Residential District; or, U — University District or other Special Use Districts. a> — Landscaping may be Type A: Open, Type B: Partial Screening or Type C: Full Screening and shall be determined as part of the review and determination of the Planned Unit Development. (3) — Residential portion of a PUD. X41— When a street separates a residential zoning district from a non - residential zoning district, Type A: Open may be substituted in the front yard. (Ord. No. 10269 -13, 11- 11 -13) A — Tvve A: Oven landscaping. See Section 21 -07.01 (b) (1), above, B — Type B: Partial Screening landscaping shall contain a minimum of two (2) evergreen trees for every twenty-five (25) feet of the length of a lot line which abuts a residential district or a residential portion of a PUD district. Such trees shall be evenly spaced. C — Tvve C: Full Screening landscaping shall contain a minimum of four (4) evergreen trees for every thirty (30) feet of the length of a lot line which abuts a residential district or a residential portion of a PUD district. Such trees shall be evenly spaced in a staggered double row where the rows are not more that twelve and one -half (12.5) feet apart. Utility Easement Landscaping — In those instances where overhead utilities are located within required yards or required residential bufferyards, plant material selections shall be limited to small growing trees which typically do not exceed twenty -five (25) fee in height at maturity. Appropriate utility easement plant materials include: ornamental trees, such as the redbud, dogwood and crabapple; or, evergreen trees (narrow spread), such as the emerald green arborvitae. See Section 21 -07.01 (i) - Alternate Landscape Plan Approval for additional limitations. Note: See Section 21 -07.01 (i) - Alternate Landscape Plan Approval for alternate landscape materials or landscape design options. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations (3) Landscaping of Required Residential Bufferyards for permitted non - residential uses in the SF Single and Two Family Residential Districts, SF2 Single and Two Family Residential District, MFl Urban Corridor Multifamily District and MF2 High Density Multifamily District. Landscaping required in any portion of a front residential bufferyard, side residential bufferyard or rear residential bufferyard which is not occupied by improvements permitted in sub - Section "Use of Minimum Yards and Residential Bufferyards" in the applicable district, shall consist of Type A: Open. (Ord. No. 9653 -06) (c) Foundation Landscaping. Foundation landscaping is excepted, similar to buildings in the CBD — Central Business District. (d) Interior Off - Street Parking Area Landscaping. All new surface, off-street parking areas containing sixty (60) parking spaces or more and all expanded surface off- street parking areas which are increased by sixty (60) parking spaces or more, whether such increase occurs at one (1) time or in successive stages, shall be subject to the following regulations: (1) All such off- streetparking areas shall include at least one (1) required interior landscape island for every fifteen (15) parking spaces (or fraction thereof), or five- thousand (5,000) square feet of off - street parking area, whichever yields the greater number. (2) Each required interior landscape island shall measure a minimum of eight feet by eighteen feet (8'X IT). (3) Each required interior landscape island shall contain a minimum of one (1) deciduous shade tree, one (1) deciduous ornamental tree or one (1) evergreen tree. (4) Interior landscape islands shall be located at the end of parking bays so as to define vehicular and pedestrian traffic patterns. (5) All trees shall comply with the size at time of planting as indicated in Table 21- 07.01 — B: Minimum Size at Time of Plantine. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations (6) Area devoted to interior landscape islands shall be in addition to any required perimeter yard landscaping, foundation landscaping or parking area screening required by this Section 21- 07.01. Example of Interior Off - Street Parking Area Landscaping (7) Off-street parking areas shall include areas used for the parking or display or automobiles, boats, truck or farm equipment associated with a dealership or leasing business. (8) Off - street parking areas shall not include areas used for semi -truck loading areas, semi -truck maneuvering areas and semi -truck parking areas. (e) Off - Street Parking Area Screening. The regulations of this sub - Section shall apply to all new surface, off-street parking areas and expanded surface off-street parking areas for any use except a single family dwelling or two family dwelling. In addition to perimeter yard landscaping, foundation landscaping and interior parking area landscaping, if an off-street parking area is located: between a front building line and a front lot line; between a side building line and any required side residential bufferyard, or, between a rear building line and any required rear residential bufferyard, the edge of the parking area facing such front lot line, side residential bufferyard or rear residential bufferyard shall be screened by a compact row of shrubs/hedge plants planted three feet on- center (Y o.c.) across the front of the Example of Off - Street Parking Area Screening Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations parking area located between such front lot line, side residential bufferyard or rear residential bufferyard and the edge of the parking area. Minimum planting size shall meet the requirements of Table 21- 07.01 -B for Hedge Plants / Shrubs, and be maintained at a maximum allowable growth height of thirty -six inches (36 "). (Ord. No. 9783 -07) (f) Minimum Plant Material Sizes at Time of Planting. All plant materials specified by this Section 21 -07.01 — Landscape Regulations shall comply with the minimum sizes at time of planting as specified in Table 21 -07.01 — B: Minimum Size at Time of Plantine. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations TABLE 21- 07.01- B: MINIMUM SIZE AT TIME OF PLANTING Plant cateeory Minimum Size Deciduous Shade Tree (a.k.a. Overstory Tree) 2'/2 inch caliper at 6" above the ground Deciduous Ornamental Tree (a.k.a. Understory Tree) 1 '/2 inch caliper at 6" above the ground Evergreen Tree 6' high Evergreen Tree (Narrow Spread)* 4' high Hedge Plants / Shrubs 24" high * — Evergreen Tree (Narrow Spread), such as arborvitae, may only be used as an alternate plant material subject to the provisions of Section 21 -07.01 (i) — Alternate Landscape Plan Approval. (g) Installation of Landscaping. All landscaping required by this Section shall be installed prior to the issuance of a final certificate ofoccupancy for the use on the real estate. If seasons, weather conditions or other conditions beyond the applicants' control create a situation which is not appropriate for the installation of landscaping immediately prior to the issuance of a final certificate of occupancy, the Zoning Administrator may issue a temporary certificate of occupancy pending the installation of landscaping required by this Section not later than three (3) months after the start of the next planting season after the use of the real estate is commenced. The start of planting seasons shall be March 15 and August 15 of each year. (h) Maintenance of Landscaping. The owner shall be responsible for the replacement of any required planting, which is removed or dies after the date of planting. Such replacement shall occur within three (3) months after the start of the next planting season. Failure to maintain required landscape areas shall constitute a violation of this Ordinance enforceable under the provisions of Section 21 -10 — Enforcement. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations (i) Alternate Landscape Plan Approval, The Zoning Administrator, upon request by an applicant, shall have the authority to approve an alternate landscape plan prepared in accordance with the following requirements: (1) Redistribution of Plant Materials — The Zoning Administrator may approve a redistribution of plant materials required for perimeter yard landscaping to other locations on the lot, or, a redistribution of plant materials required for a foundation landscaping area to other locations on the lot. The Zoning Administrator shall not have the authority to modify the landscape requirements of this Section 21 -07.01 pertaining to required residential bufferyards. (2) Credit for Preservation of Existing Trees and Vegetation — In order to encourage the preservation of existing trees and vegetation, the Zoning Administrator may approve a Preservation Landscape Plan which utilizes the designation of one or more Tree Save Areas in lieu of new plantings within a required yard, a required residential bufferyard, a required foundation landscaping area or an interior parking area island. Such Preservation Landscape Plan shall: (A) demonstrate that sufficient trees or vegetation shall be preserved to equal or exceed the level of screening required by the basic provisions of this Section 21 -07.01 — Landscape Regulations; and, (B) provide that, in the event trees designated for saving in the Tree Save Area are damaged or die within three (3) years of completion of construction on the site, replacement trees shall be planted in the designated Tree Save Area sufficient to provide landscaping which is, at a minimum, equivalent to the minimum requirements of this Section 21- 07.01 — Landscape Regulations for new plantings. (3) Alternatives for Front Yard, Side Yard and Rear Yards in All Commercial / Mixed Use Districts, Industrial Districts, Residential Districts for Multifamily Dwellings and Along A Limited Access Highway — In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve the following plant substitutions in a required front yard, side yard or rear yard: (A) Hedge plants or shrubs may be substituted for a maximum of twenty -five (25) percent of the required number of shade trees (rounded down to the nearest whole number) at a rate of ten (10) hedge plants or shrubs for each shade tree so replaced. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations (B) Hedge plants or shrubs may be substituted for a maximum of twenty -five (25) percent of the required number of ornamental trees (rounded down to the nearest whole number) at a rate of six (6) hedge plants or shrubs for each ornamental tree so replaced. (C) Evergreen trees may be substituted for ornamental trees at a rate of one (1) evergreen tree for each ornamental tree so replaced. (D) Evergreen trees may be substituted for shade trees at a rate of three (3) evergreen trees for every two (2) shade tree so replaced. (E) Ornamental trees and shade trees may be substituted with each other at a rate of three (3) ornamental trees for every two (2) shade trees. (F) Evergreen trees (narrow spread) may be substituted for evergreen trees at a rate of three (3) evergreen trees (narrow spread) for each evergreen tree. (4) Residential Bufferyard Landscaping Alternatives — In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve the following plant substitutions in a residential bufferyard: (A) Hedge plants or shrubs may be substituted for a maximum of ten (10) percent of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of ten (10) hedge plants or shrubs for each evergreen tree so replaced. (B) Ornamental trees may be substituted for a maximum of ten (10) percent of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of one (1) ornamental tree for each evergreen tree so replaced. (C) Shade trees may be substituted for a maximum of ten (10) percent of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of one (1) shade tree for each evergreen tree so replaced. (D) Evergreen trees (narrow spread) may be substituted for a maximum of ten (10) percent of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of four (4) evergreen trees (narrow spread) for each evergreen tree. (E) In no case shall the total combined percentage of hedge plants or shrubs, shade trees, ornamental trees, or evergreen trees (narrow spread) which are substituted for evergreen trees exceed twenty -five (25) percent. 10 Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations (5) Foundation Landscape Alternatives — In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve a foundation landscape plan which includes any combination of shade trees, ornamental trees, evergreen trees, or hedge plants / shrubs, provided that the total amount of plant materials along the building remains proportional to the base requirements of Section 21 -07.01 (c) (2), above. (6) Parking Area Screening Alternatives — In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve a parking area screening plan which includes hedge plants or shrubs in combination with: an ornamental or decorative fence; a masonry wall; or, an earthen berm, provided that: (A) Between a front building line and a front lot line: the ornamental or decorative fence or masonry wall is not less than twenty-four inches (24 ") in height nor more than thirty -six inches (36 ") in height, with an open space percentage equal to or less than seventy (70) percent; or, ii. the earthen berm is not less than twenty -four inches (24 ") in height nor more than thirty-six inches (36 ") in height; or, (B) Between a side building line and any required side residential bufferyard or between a rear building line and any required rear residential bufferyard: the ornamental or decorative fence or masonry wall is not less than three (3) feet in height nor more than: a. six (6) feet in height if the open space of the fence is less than twenty (20) percent; or, b. ten (10) feet in if the open space of the fence is twenty (20) percent or greater; or, ii. the earthen berm has a minimum height of not less than four (4) feet and a maximum height not to exceed ten (10) feet; and, (C) the total number of shrubs/hedge plants shall not be reduced by more than fifty (50) percent of the number of shrubs/hedge plants required in sub - Section 21 -07.01 (e) - Off - Street Parkine Area Screenin , above. 11 Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations (7) Fence, Wall or Berm Alternatives — In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve a fence, wall or berm installed in compliance with the following regulations as a substitute for up to fifty (50) percent of the number of shade trees, ornamental trees or evergreen trees required to be installed in a perimeter yard or residential bufferyard pursuant to Section 21 -07.01 (b) — Landscaping of Required Perimeter Yards and Residential Buffervards. (A) Fence or Wall in a Front Yard or Front Residential Bufferyard. An ornamental, decorative fence or masonry wall may be used in conjunction with the landscaping required in a front yard, front residential bufferyard or in a residential district for a special exception use, provided such fence or wall used in a front yard shall: i. maintain a minimum height of three (3) feet with a maximum open space of twenty (20) percent; ii. not exceed three (3) feet in height if the open space of the fence is less than twenty (20) percent; or, not exceed four (4) feet in height if the open space of the fence is less than fifty (50) percent but greater than twenty (20) percent. (B) Fence or Wall in a Side Yard, Rear Yard, Side Residential Bufferyard. Rear Residential Bufferyard or in Residential Districts for Special Exception Uses An ornamental, decorative fence or masonry wall may be used in conjunction with the landscaping in a required side yard, rear yard, side residential bufferyard, rear residential bufferyard or in a residential district for a special exception use, provided such fence or wall shall not exceed: maintain a minimum height of six (6) feet with a maximum open space of twenty (20) percent; ii. six (6) feet in height if the open space of the fence is less than twenty (20) percent; ten (10) feet in height in any Commercial / Mixed Use District or Industrial District if the open space of the fence is less than fifty (50) percent but greater than twenty (20) percent or greater. 12 Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations (C) Berm Regulations. Berm in a Front Yard or Front Residential Bufferyard. An undulating earthen berm, may be used in conjunction with the landscaping required in a front yard, front residential bufferyard or in a residential district for a special exception use, provided such berm shall have a maximum height not to exceed: a. Residential District or Commercial/Mixed Use District - three (3) feet; or, b. Industrial District - six (6) feet. Example of 6' Berm with Mature Landscaping ii. Berm in a Side Yard, Rear Yard, Side Residential Bufferyard or Rear Residential Bufferyard. An undulating earthen berm, may be used in conjunction with the landscaping in a required side yard, rear yard, side residential bufferyard, rear residential bufferyard or in a residential district for a special exception use, provided such berm shall have a minimum height of not less than four (4) feet and a maximum height not to exceed ten (10) feet. 13 Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations iii. Construction of Berm. A berm utilized as a landscaping element shall be constructed in accordance with the following regulations: a. Each berm shall have a minimum crown width of two (2) feet; b. Each berm shall have a side slope of not greater than three feet horizontal to one foot vertical (3:1); C. Each berm shall be planted and covered with live vegetation; and, d. A retaining wall may be used on the side of the berm facing away from the public right -of -way or away from the side lot line or rear lot line. iv. General Regulations for a Fence, Wall or Berm. A fence, wall or berm may be used as an element of a landscape plan subject to the following regulations. a. Location of Fence, Wall or Berm. A fence, wall or berm shall be located in such a manner as to not interfere with any regulations of Section 21 -01.01 (t) — Clear Sight Area Requirements of this Ordinance. b. Design of Fence, Wall or Berm. A fence, wall or berm shall be designed to not interfere with any walkway or pedestrian/bikeway system serving the site. (8) Interior Landscape Island Design Alternatives — The Zoning Administrator may approve a design in which the area devoted to individual interior landscape islands may be aggregated into one or more larger landscape islands. When aggregated into one or more larger landscape islands, such larger landscape islands shall, at a minimum, include the number of trees and area of landscaping as required for individual interior landscape islands, and shall function to: preserve existing trees; create boulevard treatments; create landscape features; create common open space areas for passive recreational activities; or, define vehicular and pedestrian traffic patterns. 14 Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations Example of Aggregating Interior Off - Street Parking Area Landscaping (9) Appeals — If the Zoning Administrator disapproves of a proposed alternative landscape plan, the applicant may, within five (5) business days, appeal the Zoning Administrator's decision by filing an Administrative Appeal with the Board of Zoning Appeals or the City Council, stating the reasons and justification for the appeal. Such petition shall be filed consistent with the provisions of Section 21 -09.03 of this Ordinance and any applicable Rules of Procedure. 15 Ord. No.: 9495 -04 tow ON LAWRENCE P. MAGLIOZZI 1 \'1'E R IM I: S 11 l'II I IV I! D I R 17( IUN AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 327 W. JEFFERSON BLVD., ROOM 1140 COUN I'Y "CI "I'Y BUILDING, SOUTH BEND, INDIANA 46601 (5 74) 235 -9571 ( ��w 0�. ?3.=t` Wednesday, June 18, 2014 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Deldora LLC to zone from R Single Family District, (County), to PUD Planned Unit Development District, (City of South Bend), property located at 17716, 17802 and 17830 Ireland Road, City of South Bend - APC# 2710 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Deldora LLC was legally advertised on Thursday, June 05, 2014 and that the Area Plan Commission at its public hearing on Tuesday, June 17, 2014 took the following action: Upon a motion by Gerry Phipps, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of Deldora LLC to zone from R Single Family District, (County), to PUD Planned Unit Development District, (City of South Bend), property located at 17716, 17802 and 17830 Ireland Road, City of South Bend, is sent to the Common Council with an unfavorable recommendation. The petitioner has not resolved all the issues raised by the staff in the Staff Report, specifically limiting the range of uses that will be permitted in each of the five areas labeled "A" through "E" on the site plan. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the County Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincere y, P Lawrence P. agliozzi Attachment CC: Deldora LLC D & S Development, Inc. Abonmarche Consultants SERVING ST, JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA, & ROSELAND W W W.STIOSEPXCOU NTYINDIANA .CONl.... plan Staff Report 6/6/2014 Zoning and Land Use History And Trends: Irish Hills Apartments was rezoned in 1978. The CVS and Drive and Shine at the northeast corner of Ironwood and Ireland were rezoned in 2000. Traffic and Transportation Considerations: Ireland Road has two lanes with a passing blister on the south side for the Irish Hills Apartments. Utilities: The City Engineering Department verifies water and sewer is available to the site. Agency Comments: The City Engineer requires easements to maintain natural watercourses so they are not disturbed. The Army Corps of Engineers verified there is an area of wetlands in the southeast corner of the site. The Department of Community Investment agrees to the general LB, CB, and MF2 uses, however automotive uses should be limited and all commercial uses should be well buffered from adjoining residential. 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 LU 2: Encourage a compatible mix of land uses in the community. Objective LU 6: focus development efforts within the Service Area. Objective EM4: Conserve and protect wetlands and natural open space habitats. Land Use Plan: The future land use map identifies this area as commercial (office and retail). Plan Implementation /Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: This area is just to the east of the commercial node of Ironwood Road and Ireland Road. 3. Most Desirable Use: The most desirable use is commercial (office and retail). 4. Conservation of Property Values: With proper landscape buffer, and the commitment to not have drive thrus along the east property line, surrounding property values should not be negatively affected. 5. Responsible Development And Growth: It is responsible development and growth to bring a mixed use development, dependent on water and sewer, within the City limits. Staff Comments: The staff is in general agreement with the land uses proposed. The placement of the land APC # 2710 -14 Page 2 of 3 Staff Report 6/6/2014 Zoning and Land Use History And Trends: Irish Hills Apartments was rezoned in 1978. The CVS and Drive and Shine at the northeast comer of Ironwood and Ireland were rezoned in 2000. Traffic and Transportation Considerations: Ireland Road has two lanes with a passing blister on the south side for the Irish Hills Apartments. Utilities: The City Engineering Department verifies water and sewer is available to the site. Agency Comments: The City Engineer requires easements to maintain natural watercourses so they are not disturbed. The Army Corps of Engineers verified there is an area of wetlands in the southeast comer of the site. The Department of Community Investment agrees to the general LB, CB, and MF2 uses, however automotive uses should be limited and all commercial uses should be well buffered from adjoining residential. 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 LU 2: Encourage a compatible mix of land uses in the community. Objective LU 6: focus development efforts within the Service Area. Objective EM4: Conserve and protect wetlands and natural open space habitats. Land Use Plan: The future land use map identifies this area as commercial (office and retail). Plan Implementation /Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: This area is just to the east of the commercial node of Ironwood Road and Ireland Road. 3. Most Desirable Use: The most desirable use is commercial (office and retail). 4. Conservation of Property Values: With proper landscape buffer, and the commitment to not have drive thrus along the east property line, surrounding property values should not be negatively affected. 5. Responsible Development And Growth: It is responsible development and growth to bring a mixed use development, dependent on water and sewer, within the City limits. Staff Comments: The staff is in general agreement with the land uses proposed. The placement of the land APC # 2710 -14 Page 2 of 3 Staff Repsrt 6/6/2014 use categories is designed to protect the residential corridor to the east, and allow a gradual transition to higher intensity uses. The developer must assign the range of uses that will be permitted in each of the five areas labeled "A" through "E" on the site plan. The staff has had several conversations with the developer's representatives on this subject. The staff is not in agreement with some of the development standards proposed, and offers the following comments: 1. The proposed development sign for Ireland Roared is too large considering the adjacent uses. The staff proposes that the size of the development sign along the Ireland Road frontage be reduced from 500 square feet to 300 square feet, and the height from 45 feet to 40 feet, which would be the size of a comparable sign allowed in the CB District. 2. The proposed development sign is too close to Ireland Road, which is a two -lane road, with a 58 foot right -of way. If the developer proposes to subdivide the property in the future, additional right of way will be required. The staff proposes that the development sign have a required setback of 50 feet from the existing centerline instead of the stated 5 feet from the current property line. This should adequately accommodate any right -of way or road expansion without exposing the public to relocation costs. 3. The developer is proposing that each use be allowed one pole sign. The staff proposes that all uses, be permitted a monument sign of 64 (Area "B ") or 100 (Area "A ") square feet and 6 (Area "B ") or 8 (Area "A ") feet in height, respectively. 4. The staff proposes that bail out lanes be required, but the size may be reduced to 9 feet wide, equal to a parking space. 5. No foundation landscaping is proposed. The staff proposes foundation landscaping be placed in front of all buildings, as required by the zoning ordinance. Recommendation: Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation, subject to the changes suggested in the Staff Comments. Analysis: The project site is between the commercialized portion of Ireland Road to the west and existing rural -style residential to the east. The staff recommendation, along with the developer concept will provide a project that protects the interests of property owners to the west and to the east. APC # 2710 -14 Page 3 of 3 1 1 .kr �� 4, 3E r� � k•. y Y�a cy ej p t � man 14,c ry a OF HIM A P. ry h 9 s ? ' yf y I � � R wi .,:y p ©" e e w E r ,y> " t ia.. at• Ireland Ireland OB LB {Y; OB. R_ 9 3O¢ hfi F 1 L.sti Sr,osep /y a /Qy�a / /QY Rezoning from: "R" SINGLE FAMILY DISTRICT to "PUD" PLANNED UNIT DEVELOPMENT (CITY OF SOUTH BEND) MASTER ZONING KEY COUNTY "R" SINGLE FAMILY DISTRICT -- COUNTY "OB" OFFICE /BUFFER DISTRICT SOUTH-BEND, SF1 SOUTH BEND "MF2" HIGH - DENSITY MULTIFAMILY DISTRICT ® SOUTH BEND "OB" OFFICE BUFFER DISTRICT C3_' SOUTH BEND "LB" LOCAL BUSINESS DISTRICT ■ SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT ►r:• 11 1 feet ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PENN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 5 Deldora LLC 17716, 17802 & 17830 Ireland Road Mishawaka, IN 46544 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation and for the zoning of 20.0± acres located in Penn Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed and zoned. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one -eight (1 /8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A PART OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89 055'00" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, 991.56 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 055'00" EAST ALONG SAID NORTH LINE, 663.13 FEET; THENCE SOUTH 00 001'26" WEST, 1326.25 FEET TO THE SOUTH LINE OF THE NORTH HALF OF SAID SOUTHWEST QUARTER; THENCE NORTH 89 049'07" WEST ALONG SAID SOUTH LINE, 207.92 FEET TO THE NORTHERLY RIGHT -OF -WAY OF U.S. 20 BY -PASS; THENCE NORTH 68 001'16" WEST ALONG SAID NORTHERLY RIGHT -OF -WAY, 491.09 FEET TO THE EASTERLY LINE OF CROFOOT MINOR ADDITION, RECORDED IN PLAT BOOK C, PAGE 7 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; THENCE NORTH 00 002'14" EAST, 934.69 FEET TO THE SOUTHERLY LINE OF THE ORIGINAL TOWN OF HI -VIEW, RECORDED IN PLAT BOOK H, PAGE 1 IN SAID RECORDERS OFFICE; THENCE NORTH 89 °54'11" WEST ALONG SAID SOUTHERLY LINE, 192.01 FEET TO THE WESTERLY RIGHT -OF -WAY OF QUEENSBORO STREET; THENCE NORTH 00 °02'11" EAST ALONG SAID WESTERLY RIGHT -OF -WAY, 178.02 FEET TO THE SOUTHERLY RIGHT - OF -WAY OF IRELAND ROAD; THENCE SOUTH 89 055'00" EAST ALONG SAID SOUTHERLY RIGHT - OF -WAY, 192.01 FEET; THENCE NORTH 00 002'11" EAST, 30.00 FEET TO THE POINT OF BEGINNING, SAID DESCRIBED TRACT CONTAINING 20.0 ACRES, MORE OR LESS, AND SUBJECT TO ANY EASEMENTS, RIGHT -OF -WAYS, COVENANTS AND RESTRICTIONS OF RECORD. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same herby is amended in order that the zoning classification of the following described real estate, with the exception of all adjacent rights -of -way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as "PUD" Planned Unit Development District; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days 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 day of , 20, at o'clock . M. City Clerk Approved and signed by me on the day of o'clock M. t st MI)ING S- L PUBLIC HEARING 3 rd READING NOT APPROVIiD REFERRED P'T SltLrl PASSED) .„ Mayor, City of South Bend, 20, at office N14 JOHN v L -.L)k CITY CLERK, SOUTH BEND, IN JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR COMMISSION OF ST. JOSEPH COUNTY, IN "I W. IEEEERSON BLVD.. BOON 1160 COUNTY�CITY BUILDING. SOUTH BEND. INDIANA 46601 (S 16) I35�P511 June 18, 2014 St. Joseph County Council 4th Floor, County -City Building South Bend, Indiana 46601 RE: Bill # 33 -14 Annexation and Rezoning 17716, 17802, & 17830 Ireland Road Dear Council Members: The following changes have been made to the Ordinance for the above - referenced petition: Ordinance: 1) The legal description was revised to include the proper right -of -ways for the annexation. If you have any further questions, please call me at 574- 235 -9571. Sincerely, 0jV Christo Hill Planner SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAREVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA.& ROSELAND WWW.STJ OS E PH CO U N T Y INDIANA, C 0 N PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Penn Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) 1 am (We are) the owner(s) (hereinafter "petitioner" or "petitioners ") of a parcel of land more particularly described in Exhibit "A ". 2) Petitioner(s) desire(s) that the parcel be annexed to the City of South Bend, Indiana, by proper ordinance. 3) This Petition is signed by one - hundred percent (100 %) of the owners of the land in the territory sought to be annexed. 4) The property sought to be annexed and rezoned is located at: 17716. 17802 & 17830 Ireland Road, Mishawaka, IN 46544 5) The Property Tax Key Number: 014 -1167 -6171: 014- 1034 - 058202 and 014 -1034- 058203 6) The name and address of the property owner(s) of the petition site is /are: Deldora LLC, 71447 Forest Eagle Lane, Niles, MI 49120 7) The name and address of the contingent purchaser(s), if applicable: D & S Development, Inc., 16915 Cleveland Road, Granaer, IN 46530 8) The parcel is 19.62+ acres in size and currently has the following use(s) on it: Vacant Land 9) The number of people currently residing on the property: None 10) It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: "R" Single Family District To City of South Bend zoning classification: "PUD" Planned Unit Development District for the following use(s): See attached "PUD Land Use Plan" 11) The anticipated "build -ouf" year for the project: 12) The proposed number of lots: 13) The proposed miles of new roadways: 14) The following information has been submitted with the Petition: 1. A legal description of the property; titled as Exhibit A; 2. A list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3. Seventeen (17) site plans; 4. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. 15) The signatures) of all property owner(s), or Attorney for all property owners(s) Printed: nihon H I Deldora LL Signed: Address: 71447 Forest Eagle Lone Niles. MI 49120 Phone Number: ,21r %%(p0 3 - W'014- 16) Name, Address, and Phone Number of Contact Person /Preparer (please print): Bradley E. Mosness, PE Abonmarche Consultants, Inc. 750 Lincoln Way East South Bend, IN 46601 (574) 232 -8700 Rec - N ice rr�Y -.7 1014 CITY , Jt27flt u +.'•';;t. _ (LEfi J 1 DIN