HomeMy WebLinkAbout05-26-15 Agenda, Packet & Committee Meeting NoticeOFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
May 21, 2015
TO: MEMBERS OF THE COMMON COUNCIL
FROM: JOHN VOORDE, CITY CLERK
The following Common Council Committee Meetings have been scheduled for
2015, in the Council Informal Mppfinn Rnnm Ath Pj. f^ .. a.._rs.,
4:00 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON
1.
Bill No. 15 -40 — Approval of Scrap Metal /Junk Dealer /Recycling Operations
Licenses for the year 2015 Pursuant to SBMC Section 4 -51
4:10 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON
1.
Bill No. 15 -31 — Des. Tax Abatement -JSK Development Inc. -111 S. St.
Joseph St. — 2 year Vacant Building
2.
Bill No. 15 -32 — Des. Tax Abatement — JSK Development Inc. —120 St.
Joseph St. — 9 year Real Property
3.
Bill No. 15 -33 — Des. Tax Abatement — Tampico Developments — Crescent
Oaks, Section Three - 5 year Residential
4.
Bill No. 15 -37 — Des. Tax Abatement — 4701 Nimtz Parkway— Schafer
Industries, Inc. — 5 year Personal Property
5.
Bill No. 15 -38 — Des. Tax Abatement — 325 S. Walnut St. — Masterbilt Inc. -5
year Personal Property
6.
Bill No. 15 -39 — Des. Tax Abatement — 110 N. Main St. — Historic JMS
Building LLCA 0 year Real Property
7.
Bill No.-1 541 —Amend Resolution No. 4339 -14 which Provided Preliminary
approval for Economic Development Facilities for Nobel Americas South Bend
Ethanol, LLC
4:45 P.M. HEALTH 8: PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON
1.
Bill No. 22 -15 - Amend Chapter 19 of the SBMC Addressing Tall Grass,
Weeds, Noxious Weeds and Rank or Overgrown Vegetation
2.
Bill No. 15 -35 - A Resolution Recommending that a Tall Grass/Weed
Abatement Pilot Program Focusing on Providing Local Youth with Working
Opportunities for the Summer of 2015
3.
Bill No. 18 -15 — Amend Various Sections of Chapter 20 of the SBMC
Regarding Banning the use of all Hand -Held Electronic Communication
Devices while Driving
455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601
Phone 574- 235 -9221 • Fax 574- 235 -9173 • TDD 574- 235 -5567 • www.SouthBendIN.gov
KAREEMAH FOWLER JANICE TALBOOM EMILY SEXTON
CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK
Council President Tim Scott has called an Informal Meeting of the Council which will
commence immediately after the adjournment of the Health & Public Safety Committee.
INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT
1. Discussion of Council Agenda
2. Update and Announcements
3. Adjournment
cc: Mayor Pete Buttigieg
Committee Meeting List
News Media
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS:
Auxiliary Aid or Other Services may be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
AGENDA
SOUTH BEND COMMON COUNCIL MEETING
TUESDAY, MAY 26, 2015
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB - COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
7:00 P.M.
6. REPORTS OF CITY OFFICES - REPORT FROM MAYOR PETE BUTTIGIEG
7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
18 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS
SECTIONS WITHIN CHAPTER 20, ARTICLE 13 OF THE SOUTH
BEND MUNICIPAL CODE BY AMENDING AND ESTABLISHING
CITY -WIDE REGULATIONS BANNING THE USE OF ALL HAND-
HELD ELECTRONIC COMMUNICATION DEVICES WHILE
DRIVING, AND AMENDING CHAPTER 2, ARTICLE 19,
SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND
CODE VIOLATIONS
22 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AND AMENDING
CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL
CODE IN ITS ENTIRETY ADDRESSING ABATEMENT
REGULATIONS ADDRESSING TALL GRASS, WEEDS, NOXIOUS
WEEDS AND RANK OR OVERGROWN VEGETATION AND FURTHER
AMENDING SECTION 16 -61 OF THE SOUTH BEND MUNICIPAL
CODE ADDRESSING PENALTIES
8. BILLS, THIRD READING
BILL NO.
TIME:
18 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS
SECTIONS WITHIN CHAPTER 20, ARTICLE 13 OF THE SOUTH
BEND MUNICIPAL CODE BY AMENDING AND ESTABLISHING
CITY -WIDE REGULATIONS BANNING THE USE OF ALL HAND-
HELD ELECTRONIC COMMUNICATION DEVICES WHILE
DRIVING, AND AMENDING CHAPTER 2, ARTICLE 19,
SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND
CODE VIOLATIONS
22 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AND AMENDING
CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL
CODE IN ITS ENTIRETY ADDRESSING ABATEMENT
REGULATIONS ADDRESSING TALL GRASS, WEEDS, NOXIOUS
WEEDS AND RANK OR OVERGROWN VEGETATION AND FURTHER
AMENDING SECTION 16 -61 OF THE SOUTH BEND MUNICIPAL
CODE ADDRESSING PENALTIES
b� 1bKo) ol00 to] Q69
BILL NO.
15 -36 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 3702 W. SAMPLE, SOUTH BEND, IN 46619 AS AN
ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE
(5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR KRUK
ELECTRIC, LLC
15 -31 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 111
SOUTH ST. JOSEPH ST., SOUTH BEND, IN, 46601 AN
ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (2)
TWO -YEAR VACANT BUILDING TAX ABATEMENT FOR JSK
DEVELOPMENT, INC.
15 -32 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 121
SOUTH ST. JOSEPH ST., SOUTH BEND, IN, 46601 AN
ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (9)
NINE -YEAR REAL PROPERTY TAX ABATEMENT FOR JSK
DEVELOPMENT, INC.
15 -33 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE
CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
CRESCENT OAKS, SECTION THREE AS A RESIDENTIALLY
DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR
RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO
DEVELOPMENTS, LLC
15 -37 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE
CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4701
NIMTZ PARKWAY, SOUTH BEND, IN 46628 AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE YEAR
PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER
INDUSTRIES, INC.
15 -38 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE
CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 325
S. WALNUT ST., SOUTH BEND, IN, 46601 AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR
PERSONAL PROPERTY TAX ABATEMENT FOR MASTERBILT,
INC.
15 -39 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 106-
110 NORTH MAIN ST., SOUTH BEND, IN 46601 AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A (10) TEN -YEAR
REAL PROPERTY TAX ABATEMENT FOR HISTORIC JMS
BUILDING, LLC
15 -35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, RECOMMENDING THAT A TALL
GRASS /WEED ABATEMENT PILOT PROGRAM FOCUSING ON
PROVIDING YOUTH WITH WORKING OPPORTUNITIES AND LIFE
SKILLS TRAINING AND DEVELOPMENT BE IMPLEMENTED FOR
THE SUMMER OF 2015
15 -40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF
SCRAP METAL /JUNK DEALER /RECYCLING OPERATION
LICENSES FOR CALENDAR YEAR 2015 PURSUANT TO SECTION
4 -51 OF THE SOUTH BEND MUNICIPAL CODE
15 -41 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING RESOLUTION NO. 4339-
14 WHICH PROVIDED PRELIMINARY APPROVAL OF THE
ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING
CERTAIN ECONOMIC DEVELOPMENT FACILITIES FOR NOBLE
AMERICAS SOUTH BEND ETHANOL, LLC
10. BILLS, FIRST READING
BILL NO.
24 -15 FIRST READING ON A BILL
THE CITY OF SOUTH BEND,
SECTIONS OF CHAPTER 17,
BEND MUNICIPAL CODE TO DE
PROGRAM DEDUCTIBLE AND
CHANGES
OF THE COMMON COUNCIL OF
INDIANA, AMENDING VARIOUS
ARTICLE 7, OF THE SOUTH
CREASE THE SEWER INSURANCE
TO MAKE OTHER PROGRAM
25 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS
OF CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND
MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL SOLELY
FROM CITY FURNISHED CONTAINERS
26 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
16, SECTIONS 16 -6 AND 16 -8 OF THE SOUTH BEND
MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION
AND DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS
27 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROVING A
RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT
COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT
TARGET AREA, JMS BUILDING AND ADJACENT PARKING LOT
11. UNFINISHED BUSINESS
A. REPORTS FROM AREA PLAN COMMISSION
1. BILL NO. 07 -15 - REZONING - NW CORNER OF NORTHSIDE
(KNOWN AS THE TRANSPO SITE)
2. BILL NO. 20 -15 - REZONING - 605 NORTH HICKORY RD.
3. BILL NO. 21 -15 - REZONING - 2212 MISHAWAKA AVE.
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.
Bill No.
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20. ARTICLE 13 OF
THE SOUTH BEND MUNICIPAL CODE BY AMENDING AND ESTABLISHING CITY-
WIDE REGULATIONS BANNING THE USE OF ALL HAND -HELD ELECTRONIC
COMMUNICATION DEVICES WHILE DRIVING, AND AMENDING
CHAPTER 2, ARTICLE 19, SECTION 2 -213 ADDRESSING
SCHEDULE OF ORDINANCE AND CODE VIOLATIONS
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council passed Ordinance No. 9946 -09 on July 27, 2009 which
created local public safety regulations banning the use of hand -held mobile telephones, mobile
communication devices and telecommunication devices in school zones. Those regulations were
based on the "public safety interests of helping to protect our school children, our school crossing
guards, and the motoring public in our community ".
At the March 23, 2015 Common Council meeting local high school students presented
information and data on the State of Indiana's statewide program "Drive Now, Text L8r"
campaign.
Currently there are fourteen (14) states which ban the use of hand -held devices while
driving. The Indiana General Assembly has not taken legislative action on prohibiting the use of
all handheld devices while driving. In light of the growing public safety concerns which is
resulting in a higher amount of deaths due to distracted drivers, especially among our young
people, it is believed that a city -wide ban would be in the best interests of our residents and visitors
to our city.
This ordinance would also update the penalty provisions for the violations in the Schedule
of Ordinance and Code Violations set forth in Section 2 -2133 of the South Bend Municipal Code.
Section I. The current language codified into Section 20 -130 of Chapter 20, Article 13 of
the South Bend Municipal Code is deleted and hereby amended to read in its entirety as follows:
ARTICLE 13. CITY -WIDE REGULATIONS BANNING THE USE OF ALL HAND-
HELD ELECTRONIC COMMUNICIATION DEVICES WHILE DRIVING.
See. 20 -130 Definitions.
As used in this Article:
Ordinance Banning Use of All Electronic Communication Devices While Driving
Page 2
(a) Electronic Communication Devices mean any electronic device, including but not
limited to a hand -held wireless telephone, hand -held personal digital assistant, or a portable or
mobile computer, but does not include a global positioning system or navigation system or a device
that is physically or electronically integrated into a motor vehicle.
(b) Motor vehicle means a vehicle that is self - propelled, and as further defined as set forth
in Indiana Code § 9 -13 -2 -105.1
(c) Street or highway means the entire width between property lines of every way or place
of whatever nature when any part thereof is open to the use of the public, as a matter or right, for
the purpose of vehicular traffic.'
Section I1. The current language codified into Section 20 -131 of Chapter 20, Article 13 of
the South Bend Municipal Code is deleted and hereby amended to read in its entirety as follows:
Sec. 20 -131 Use of Hand -Held Electronic Communication Devices While Driving
Prohibited.
A person may not operate a motor vehicle on any street or highway in the city while using a hand-
held electronic communication device.
Section III. The current language codified into Section 20 -132 of Chapter 20, Article 13 of
the South Bend Municipal Code is deleted and hereby amended to read in its entirety as follows:
Sec. 20 -132 Limited Exceptions.
This Article shall not apply to:
(a) A law enforcement officer or operator of an emergency vehicle while performing his or
her official duties;
(b) A driver of a motor vehicle, who is driving along, who is using a electronic communication
device for the sole purpose of reporting an emergency situation and continued communication with
emergency personnel during the emergency situation;
(c) A driver of a motor vehicle who is using an electronic communication device in hands -
free or voice - operated mode;
' On January 1, 2015, Public law 221 - 2014, § 12 took effect which defined motor vehicle as a vehicle that is self -
propelled which does not include a farm tractor, an implement of agriculture designed to be operated primarily in a
farm field or on farm premises, or an electric personal assistive mobility device; and contains numerous cross -
references to Title 9 of the Indiana Code addressing motor vehicle. See also South Bend Municipal Code Section 20-
2(a) (16).
2 This definition is also set forth in South Bend Municipal Code Section 20 -2(a) (43).
Ordinance Banning Use of All Electronic Communication Devices While Driving
Page 3
(d) A driver of a motor vehicle using an electronic communication device while parked on the
shoulder of a street or highway;
(e) A driver of a motor vehicle using an electronic communication device when the vehicle is
stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission
in neutral or park;
(f) A driver using an electronic communication device by pressing a single button to initiate
or terminate a voice communication; or
(g) A driver of a motor vehicle using an electronic communication device capable of
performing multiple functions, other than a hand -held wireless telephone or hand -held personal
digital assistant such as a fleet management system, dispatching device, citizens band radio, or
music play, for a purpose that is not otherwise prohibited by this Article.
Section IV. The current language codified into Section 20 -1333 of Chapter 20, Article 13
of the South Bend Municipal Code entitled Violations and Penalties and codified into Section 20-
134 4 of Chapter 20, Article 13 of the South Bend Municipal Code entitled Deposit of Fine Monies
Into Police Department Training Fund is re- affirmed.
Section V. Chapter 20, Article 13 of the South Bend Municipal Code is further amended
by the addition of new Section 20 -135, which is currently reserved, which shall read in its entirety
as follows:
Sec. 20 -135 Street Signage.
The City of South Bend shall post street signage on all main arterial streets leading into the City,
and at other locations which the Board of Public Works determine necessary, which gives notice
of the ban addressed in this Article.
Section VI. The chart set forth in Chapter 2, Article 19, Section 2 -213 of the South Bend
Municipal Code shall be amended in part to read as follows:
20 -133 Use of Hand -Held Mobile Telephone p Other P 75.00/125.00/250.00
While > =virgin ° heal Zones Electronic Communication
Device While Drivine
South Bend Municipal Code Section 20 -133 calls for fines of $75 for the 1" violation, $125 for the 2 "d violation
and $250 for each subsequent violation, and if there is an accident in a School Crossing Zoning the fine is
automatically $250.
'South Bend Municipal Code Section 20 -134 calls for fines to be deposited into Fund # 220.
Ordinance Banning Use of All Electronic Communication Devices While Driving
Page 5
Section VII. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause,
phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise
invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section VIIi. This ordinance shall be in full force and effect on July 1, 2015, and from and
after its passage by the Common Council, approval by the Mayor, and legal publication.
Henry Davis, Jr., 3'd District Council Member
South Bend Common Council
<� /mod/.•
Office of the City Clerk
fir evele, /by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of 2015, at o'clock . m.
m.
I sf READING (A—1 3
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSM,
Janice Talboom, Deputy Clerk
me on the day
Pete Buttigieg, Mayor
City of South Bend, Indiana
2015, at _ o'clock
Filet! Ir =office
-7 C(115
CITY CLERK, SOUTH FEND, IN
,orrxei.
y<'
w-
Common Council
City of South Bend Indiana
Henry Davis, Jr., 2 ^d District Council Member
4« Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 235 -5983 (574) 235 -9173 Facsimile
April 2, 2015
Members of the Common Council
4th Floor County -City Building
South Bend, Indiana 46601
(574)235 -5567 TTY/TDD
Re: Ordinance Calling for a Ban of All Hand -Held Electronic Communication Devices
While Driving
Dear Council Members:
In light of the enthusiastic response on the "Drive Now, Text L8R" Campaign by area high school
students at our last Common Council meeting, and the overriding public safety concerns on this
topic, I am introducing the attached ordinance for your review, discussion and passage.
I am also attaching information form the Insurance Institute for Highway Safety and the Highway
Loss Data Institute which depicts as of this month the fourteen (14) states which ban hand -held
electronic communication devices. The power -point presentation on "Texting & Driving" prepared
by the high school students is already of record in the Office of the City Clerk.
In light of the Indiana General Assembly not taking action on these growing public safety issues,
I believe that we need to address these concerns, until a state -wide ban becomes the law in our
state. I am recommending an effective date of July 1st for these public safety regulations, so that
there is ample public notice to the public and time for the Administration to post proper signage.
I request that this Bill be sent to the Council's Health and Public Safety Committee and be
scheduled for public hearing at the April 27, 2015 Common Council meeting. Thank you.
Sincerely,
Henry D Js,
2nd Distrir o ci
Attachments
Filed In - .:1:<; Office
'
1 1 ZU15
r,�;_
i Hirt
CITY CLERK, SOUTH BEND, IN j
Map of hand -held cellphone bans
INSURANCE RMTfUM
• MTA INSTITUTE
HIGHWAY SAFETY RESEARCH & COMMUNICATIONS
Distracted driving
Concern is mounting about the effects of phone use and texting while driving.
Cellphones and texting
April 2015
Talking on a hand -held cellphone while driving is banned in 14 states and the District of Columbia.
The use of all cellphones by novice drivers is restricted in 37 states and the District of Columbia.
Page I of 2
Text messaging is banned for all drivers in 45 states and the District of Columbia. In addition, novice drivers are banned from
texting in three states (Missouri, Oklahoma and Texas).
Many localities have enacted their own bans on cellphones or text messaging. In some but not all states, local jurisdictions
need specific statutory authority to do so. In addition, most school bus drivers are banned from texting and using hand -held
cellphones by state code, regulation or school district policy.
The table and maps below show the states that have cellphone laws, whether they specifically ban text messaging, and
whether they are enforced as primary or secondary laws. Under secondary laws, an officer must have some other reason to
stop a vehicle before citing a driver for using a cellphone. Laws without this restriction are called primary.
Table Map: hand-held bans Map: texting bans Map: young driver all cellphone bans
Hover over map for more detail.
t In Louisiana, all learner's permit holders, irrespective of age, and all intermediate license holders are prohibited
from driving while using a hand -held cellphone. All drivers younger than 18 are prohibited from using any
cellphone. All drivers, irrespective of age, issued a first driver's license are prohibited from using a cellphone for
one year. The cellphone ban is secondary for novice drivers ages 18 and older.
http: / /www.iihs.org /iihs/ topics / laws /cellphone laws /maphandheldcellbans 4/2/2015
6 ( � (03,
Bill No,
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AND AMENDING CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND
MUNICIPAL CODE IN ITS ENTIRETY ADDRESSING ABATEMENT REGULATIONS
ADDRESSING TALL GRASS, WEEDS, NOXIOUS WEEDS AND RANK OR
OVERGROWN VEGETATION AND FURTHER AMENDING SECTION 16 -61 OF THE
SOUTH BEND MUNICIPAL CODE ADDRESSING PENALTIES
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council notes that the Indiana Code 36 -7 -10.1 authorizes
municipalities in Indiana to address the regulation of weeds and rank vegetation by proper
ordinance. The City's current regulations codified in § 19 -32 through § 19 -35 of the South Bend
Municipal Code addressing "weeds and noxious growths" were passed prior to 1962, and those
height restrictions are in conflict with the height limitations set forth in the nuisance regulations
codified as § 16 -58 of the South Bend Municipal Code, which were passed in 1994.
In 2013, the Indiana General Assembly enacted Public Law 203 -2013 authorizing a
continuous abatement notice procedure which is codified as Indiana Code § 36- 7- 10.1 -3, which
has resulted in more efficient and timely enforcement against repeat violators.
Last year, the Indiana Court of Appeals upheld the City of Bloomington, Indiana's
ordinance which established the maximum height for grass and weeds to be eight inches (8 "). The
Court of Appeals further ruled that there were no constitutional violations; holding that the
ordinance did not violate a person's freedom of expression under the United States and Indiana
Constitutions, nor did it violate freedom of conscience under the Indiana Constitution, (See:
Alexander Gul v. City of Bloomington, 2014 WL 7243326 (Ind. Ap. 12/22/2014).
Regulations in this area are based on safeguarding public health by decreasing allergies
and noxious odors; are based on public safety by seeing that proper sight distances for the vehicular
and pedestrian traffic; and are based on aesthetic concerns related to real estate property values
and protecting neighborhood stability and sustainability.
The City of South Bend believes that a nine inch (9 ") maximum height requirement is
reasonable for the entire city, and would be consistent with the current regulations addressing
vacant lots addressed in South Bernd Municipal Code, § 16 -58. By way of comparison, examples
of Indiana communities have ordinances which established maximum heights are as follows:
Bloomington
8"
Fort Wayne
9" Marion 9"
Carmel
6"
Goshen
6" Michigan City 6"
Elkhart
8"
Hammond
6" Mishawaka 9"
Evansville
9"
Lafayette
10"
Ordinance on Tall Grass, Weeds, Etc.
Page 2
This ordinance permits native grasses and planting for ecological restoration and to further natural
landscaping subject to existing setback regulations and safety considerations. The Common Council
recognizes that there are private and public benefits resulting from the maintenance of properties, and that
well maintained properties enhance the vibrancy of the neighborhoods and the overall welfare of the City.
The Common Council, in collaboration with the City Administration, believe that the following
ordinance is in the best interest of preserving and protecting the public health, safety and welfare of the
City of South Bend, Indiana.
r-
%i(in, % /.rr�.ir. � /�r. %/ (( %ri /riuir / /� / /r• u;nunr.i( t!;raari /r� / /.• (� /�(�'i�ro• // �f1'riu /.. %iu /incur, ra; /- / /,rrd:
Section I. Chapter 19, Article 2, Section 19 -32 through Section 19 -35 of the South Bend
Municipal Code is amended to read in its entirety as follows:
ARTICLE 2. ABATEMENT REGULATIONS ADDRESSING TALL GRASS
WEEDS, NOXIOUS WEEDS, AND RANK OR OVERGROWN VEGETATION
See. 19 -32 Definitions.
For purposes of this Article the following, definitions shall apply:
(a) City shall mean the City of South Bend, Indiana.
(b) Enforcement Authority shall mean the Department of Code Enforcement.
(c) Hydrophytic vegetation are plants living in wetlands governed by the federal Clean
Water Act.
(d) Natural landecapiniz vc2etaiion shall mean native or beneficial landscaping vegetation
which helps balance the needs and sense of beauty with those of nature by protecting existing
natural areas, reduces the use of pesticides, practices soil and water conservation, reduces the use
of power landscape equipment, and helps reduce heating/cooling needs. Natural landscaping
vegetation requires the property owner to have a current wildlife habitat certification which must
be shown and presented to the City's Enforcement Authority, in the event that the propert y
becomes subject to a complaint or inspection.Z
The website of the Indiana Department of Environmental Management (IDEM) www.wellands.IN.gov sets forth
the governing regulations consistent with the federal Clean Water Act.
z The U.S. Environmental Protection Agency, Region 5 which includes Indiana, Illinois, Michigan, Minnesota, Ohio
and Wisconsin has published a "Natural Landscaping Resource List', and has published articles on "Beneficial
Landscaping" copies of which are on file in the Office of the City Clerk. Some examples of natural landscaping
include native plants and vegetation, prairie wildflowers, ornamental grasses, and native woodlands. Wildlife Habitat
Certification which is required by this ordinance has information available at htto://www.indianawildlife.ore/habitat-
nro rams /wilfdlife- fiiendly- certification - program /. The City shall maintain a link to such information on their
website.
Ordinance on Tall Grass, Weeds, Etc.
Page 3
(e) Noxious weeds shall have the definition set forth in Indiana Code $ 15- 16 -7 -2.3
(f) Owner shall mean the owner of record listed in the records of the St Joseph County
Recorder's Office.
(g) Rain Garden shall mean a type of natural landscaping vegetation which are shallow,
vegetated basins which collect and absorb runoff from rooftops sidewalks and streets.'
(h) Rank vegetation shall mean vegetation and plant growth not exempted under Indiana
Code & 36 -7- 10.1 -3.5
(i) Sustainable landscaping includes vegetation which is carefully selected to avoid the
use of invasive species which are in balance with the local climate and requires minimal use of
fertilizers, pesticides, and water which are functional visually pleasing and environmentally
friendly.
0) Vegetation shall mean all plants, trees shrubs and weeds
(k) Vegetation management tools include but not are limited to mowing trimming and
using herbicides.6
(1) Weeds shall have the definition set forth in Indiana Code 15- 16 -4 -40
' Indiana Code § 15- 16 -7 -2 lists Canada thistle, Johnson grass, Columbus grass, Bur cucumber, and Shattercane as
noxious weeds. Indiana Code § 15- 16 -7 -14 states that the Purdue University cooperative extension service is to
provide technical assistance to any weed control board in order to control and contain the growth and spread ofnoxious
weeds.
4 The Environmental Protections Agency (EPA) also refers to rain gardens as "bioretention or bioinfiltration cells
[which] mimic natural gydrology by infiltrating and evaportranspiring runoff. Rain gardens are versatile features that
can be installed in almost any unpaved space ", EPA publication "What is Green Infrastructure ? ", June 13, 2014.
1Indiana Code § 36 -7- 10.1 -3 provides that "weeds and other rank vegetation does not include agricultural crops, such
as hay and pasture ".
G The Indiana Department of Transportation (INDOT) has categorized "vegetation Management tools" as mechanical,
manual, chemical, biological or cultural' with mowing being the most common form and best for weed control, Joint
Transportation Research Program — Indiana Department of Transportation and Purdue University Integrated
Vegetation management (IVM) for INDOT Roadsides, March 2014, p.1.
' Indiana Code § 15- 16 -4 -40 defines "weed" as "any plant that grows where the plant is not wanted.
Ordinance on Tall Grass, Weeds, Etc.
Page 4
See. 19 -33 Maintenance and Landscape Regulations; Excessive Growth Prohibited
(a) The owners of real estate located in the city shall use vegetation management and
sustainable landscaping tools on the real estate's vegetation so that they are in compliance with
this Article, and do not become a public nuisance
(b) It is unlawful for the owner of real estate in the city to allow his or her real estate
to become overgrown with weeds grass noxious weeds rank vegetation or other vegetation in
excess of the height of nine inches (9 ") or to such extent that the growth is detrimental to the public
health and constitutes a public nuisance It is unlawful for the owner of real estate in the city to
allow any sidewalk or alley abutting such real estate to become overgrown with vegetation.
(c) In light of the self - sustaining nature of natural landscaping vegetation hvdrophhytic
vegetation and their ecological benefits they are exempt from the nine inch (9 ") height
requirement upon the property owner having a current wildlife habitat certification which must
be shown and presented to the City's Enforcement Authority. However, if such natural
landscaping vegetation and /or hydrophytic vegetation negatively impacts the visibility
requirements needed for sight distance related to pedestrian and /or vehicular traffic they must be
corrected in order to address such public safety concems as directed by the Enforcement Authority.
In those circumstances public safety requires appropriate maintenance and vegetation
management. Natural landscaping vegetation and /or hydrophytic vegetation may be located no
closer than one -half (1/2) of the setback distance requirements of a front yard
Sec. 19 -34 Consequences of Failure to Comply and Continuous Enforcement.
(a) Any owner of real estate located in the city who fails to comply with the provisions
of this Article shall be subject to the enforcement procedures set forth in Section 16 -59 of the South
Bend Municipal Code.
(b) A continuous abatement notice will serve as notice to the owner that each subsequent
violation during the same calendar year in which the initial notice of violation was provided may
be abated by the city without further notice Such notice shall comply with Indiana Code & 36-7-
10.1 -3.
Sec. 19 -35 Penalties.
(a) Any person found in violation of a provision of this Article shall be fined the sum of Three
hundred fifty dollars ($350.00) per violation. Each day after the expiration date of any time limit
ordered by the Board of Public Works or its designee for abating a nuisance condition shall
constitute a distinct and separate offense Any person found in violation of a provision of this
Article whose property becomes listed as a continuous enforcement property shall be fined the
sum of five hundred dollars ($500.00) per violation in that first calendar year of being listed
Ordinance on Tall Grass, Weeds, Etc.
Page 5
Thereafter, each violation shall be fined and assessed administrative fees related to costs incurred
by the city for inspections, abatement and administration and a penalty which shall be as follows:
Fine Per Violation Continuous Enforcement Fee for
Administrative Expenses
2 "a year $750.00 $400.00
3`a year $1,000.00 $450.00
4111 year and thereafter $1,500.00 $500.00
This section supplements and does not limit any other remedy or action available in law
or in equity being pursued by the Department of Law.
See. 19 . We ;
MINION
See. 19 34. Failure to C J � «S.
MIN NO
MA
ME
See. 19 34. Failure to C J � «S.
MIN NO
MA
Ordinance on Tall Grass, Weeds, Etc.
Page 6
Section 11. Chapter 16, Article 8, Section 16 -61 of the South Bend Municipal Code is
amended to read in its entirety as follows:
Sec. 16 -61. Penalties and Administrative Fees.
(a) Except as otherwise provided, any person violating a provision of this chapter shall
be deemed guilty of an offense and fined not less than fifty dollars ($50.00) for a first offense, not
less than one hundred dollars ($100.00) for a second offense and not less than two hundred dollars
($200.00) for all subsequent offenses, but no fine for any individual offense shall exceed twenty -
five hundred dollars ($2,500.00) Each day after the expiration date of the time limit ordered by the
Board of Public Works or its designee for abating a nuisance condition under this chapter shall
constitute a distinct and separate offense.
Any person found in violation of the snowing regulations set forth in Section 16 -58
shall be fined the sum of Three hundred fifty dollars ($350.00) per violation Each day after the
expiration date of any time limit ordered by the Board of Public Works or its designee for abating
a nuisance condition shall constitute a distinct and separate offense Any person found in violation
of a provision of this Article whose property becomes listed as a continuous enforcement propert y
shall be fined the sum of five hundred dollars ($500.00) per violation in that first calendar year of
being listed. Thereafter, each violation shall be fined and assessed administrative fees related to
costs incurred by the city for inspections, abatement and administration and a penalty which shall
be as follows:
Fine Per Violation Continuous Enforcement Fee for
Administrative Expenses
2 "� year $750.00 $400.00
3 "' fear $1 .000.00 $450.00
0' year and thereafter $1,500.00 $500.00
(c) This section supplements and does not limit any other remedy or action available in
law or in equity being pursued by the Department of Law.
"Wil
��
Section 11. Chapter 16, Article 8, Section 16 -61 of the South Bend Municipal Code is
amended to read in its entirety as follows:
Sec. 16 -61. Penalties and Administrative Fees.
(a) Except as otherwise provided, any person violating a provision of this chapter shall
be deemed guilty of an offense and fined not less than fifty dollars ($50.00) for a first offense, not
less than one hundred dollars ($100.00) for a second offense and not less than two hundred dollars
($200.00) for all subsequent offenses, but no fine for any individual offense shall exceed twenty -
five hundred dollars ($2,500.00) Each day after the expiration date of the time limit ordered by the
Board of Public Works or its designee for abating a nuisance condition under this chapter shall
constitute a distinct and separate offense.
Any person found in violation of the snowing regulations set forth in Section 16 -58
shall be fined the sum of Three hundred fifty dollars ($350.00) per violation Each day after the
expiration date of any time limit ordered by the Board of Public Works or its designee for abating
a nuisance condition shall constitute a distinct and separate offense Any person found in violation
of a provision of this Article whose property becomes listed as a continuous enforcement propert y
shall be fined the sum of five hundred dollars ($500.00) per violation in that first calendar year of
being listed. Thereafter, each violation shall be fined and assessed administrative fees related to
costs incurred by the city for inspections, abatement and administration and a penalty which shall
be as follows:
Fine Per Violation Continuous Enforcement Fee for
Administrative Expenses
2 "� year $750.00 $400.00
3 "' fear $1 .000.00 $450.00
0' year and thereafter $1,500.00 $500.00
(c) This section supplements and does not limit any other remedy or action available in
law or in equity being pursued by the Department of Law.
Ordinance on Tall Grass, Weeds, Etc.
Page 7
Section III. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause,
phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise
invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section IV. 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.
Tim Scott, 151 D'isfrict Council Member
Karen L. White, Council Member at Large
John Voorde, City Clerk
/er/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of , 2015, at o'clock . in.
Janice Talboom, Deputy Clerk
��ir•i r. /.uu/ ynr. /by me on the _ day of
m. to the Mayor of the City of South Bend, Indiana.
Pete Buttigieg, Mayor
t :t READING
PUBLIC HEARING.
3rd REEDING
NOT APPRQVO
l.;:FERRED .^
PASSED
2015, at _ o'clock
Filed in flIN
r...:.. .:�y LU 15
CITY CLRk�, aCYU t ^j AND,
aOF TX![
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Common Council
City of South Bend Indiana
Tim Scott, Council President
4th Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 235 -5980 (574) 235 -9173 Facsimile
(574)235 -5567 TTY/TDD
April 20, 2015
Members of the Common Council
4ei Floor County -City Building
South Bend, Indiana 46601
Re: Ordinance Updating the City's Tall Grass, Weeds, Noxious, Rank or
Overgrown Vegetation Regulations
Dear Council Members:
For the past several months we have been talking with members of the public and the City
Administration regarding the need to update our current regulations addressing tall grass and other
overgrown vegetation. Some of the City's regulations in this area have not been updated since
before 1962 which address a 12" maximum, while other City regulations have a 9" maximum.
Our review of several communities throughout Indiana, which have updated their regulations in
this area, established heights which range from 6" to 9" for the maximums allowed.
We believe that the property owner, who fails to comply with reasonable regulations in this area,
should bear the cost of compliance, rather than the City taxpayers. The attached ordinance would
do several things, such as:
• Update all regulations on this topic in the South Bend City Code
• Establish a consistent maximum height of 9" for such types of growth throughout the City
• Incorporate a program, similar to the one in City of Indianapolis, where the costs for
properties which are subject to continuous enforcement, would be assessed a fee amount
to help cover the costs of city inspections, abatement and administration, plus a fine
• Incorporates recommendations from the Environmental Protection Agency (EPA)
publications which recommend the use of natural landscaping regulations to help protect
the beauty of natural areas while helping to reduce the use of pesticides, reduce the use of
power landscape equipment and promote soil, water conservation and sustainability
Cover Letter I'or the Proposed Ordinance Updating the City's Tall Grass, weeds, Noxious. Rank or Overgrown Vegetation
Regulations
April 20, 2015
Page 2
Encourage the use of native Indiana plants which require less fertilizer, fewer pesticides,
and less water and help prevent the spread of invasive plants and certification of qualifying
wildlife gardens, and EPA recommended rain gardens
We are also exploring a possible pilot program which would seek greater collaboration with non-
profit corporations who deal with youth in developing youth training, leadership skills and
employment opportunities. A separate Resolution will be filed which sets forth more details on
such a pilot program being proposed and developed, which would be heard at the same Common
Council meeting as the attached proposed ordinance.
We are also working and collaborating with the City Administration to assure that the entire
process is made available for all qualifying individuals.
We recommend that the proposed ordinance be referred to the Council's Health and Public Safety
Committee for review and recommendation. We look forward to sharing additional information
with you on this topic which unfortunately affects the quality of life in too many areas of our great
City. Thank you.
Most sincerely,,
Tim Scott,` I" District Council Member
Council President
South Bend Common Council
Karen L. White, Council Member at Large
Community Relations Committee Chairperson
South Bend Common Council
Attachments
' Filed Flt n
Office
i°it Pei ti(i, (} E'i4 geFf[}r tt�
6-L(�03-ts =3(,:2,
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
3702 W. Sample, South Bend, IN 46619
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FIVE (5) YEAR PERSONAL
PROPERTY TAX ABATEMENT FOR
Kruk Electric, LLC
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted
a Declaratory Resolution designating certain areas within the City as Economic
Revitalization Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as
3702 W. Sample, South Bend, IN 46619 and which is more particularly described as
follows:
Business Personal Property
and which has Key Numbers to be assigned be designated as an Economic Revitalization
Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5;
and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the purposes
of tax abatement. Such designation is for personal property tax abatement only and is
limited to two (2) calendar years from the date of adoption of the Declaratory Resolution
by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is qualified
for and is granted personal 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, the Memorandum of Agreement between the Petitioner and the City of South
Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal
Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea.
SECTION III. This Resolution shall be in full force and effect from and after its adoption
by the Common Council and approved by the Mayor.
Member of the Common Council
OPP,
PS:ESFldTEt�A,� ..
NOT APMCJVAI
:"-P TM
Filed in Cls%r4�s Office
EllAY 2 0 2015
Jom VOO "IL' F:
CITY CLERK, SOUTH BEND, 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
111 South St. Joseph St., South Bend, IN 46601
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
(2) TWO -YEAR VACANT BUILDING TAX ABATEMENT FOR
JSK Development, Inc. /Southhold, LLC
WHEREAS, a petition for real property tax abatement consideration has been filed with
the City Clerk for consideration by the Common Council of the City of South Bend, Indiana,
requesting that the area commonly known as 111 South St. Joseph St., South Bend, IN 46601 and
which is more particularly described as:
LOT AB HALL OF FAME & CHOCOLATE CAFE MINOR SUB AND THE ORIGINAL
TOWN OF SOUTH BEND ] ST RP RP6363 09 -30 -08 09/10
and which has Key Numbers 018-3091-347405 be designated as an Economic Revitalization Area
under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections
2 -76 et SeMc ., and;
WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes
in the final legal description and to report the final, appropriate Key Number to the Department of
Community Investment and to the Office of the City Clerk; and
WHEREAS, the Department of Community Investment has concluded an investigation and
prepared a report with information sufficient for the Common Council to determine that the area
qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et s�Mc., and South
Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the
boundaries and such other information regarding the area in question as required by law; and
WHEREAS, the Community Investment Committee of the Common Council has reviewed
said report and recommended to the Common Council that the area qualifies as an Economic
Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the Petition for Real Property
Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the
requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds the following:
A. That the description of the proposed redevelopment or rehabilitation meets the
applicable standards for such development;
B. That the estimate of the value of the redevelopment or rehabilitation is reasonable
for projects of this nature;
C. That the estimate of the number of individuals who will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to result from the
proposed described redevelopment or rehabilitation;
D. That the estimate of the annual salaries of those individuals who will be employed
or whose employment will be retained by the Petitioner can be reasonably expected to result from
the proposed redevelopment or rehabilitation;
E. That the other benefits about which information was requested are benefits that can
be reasonably expected to result from the proposed described redevelopment or rehabilitation; and
F. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3.
SECTION III. The Common Council hereby determines and finds that the proposed described
redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the
Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement
Consideration and the Memorandum of Agreement between the Petitioner and the City of South
Bend, and that the Statement of Benefits form completed by the petitioner, said form being
prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under
Indiana Code § 6 -1.1- 12.1 -3.
SECTION IV. The Common Council hereby accepts the report and recommendation of the
Community Investment Committee that the area herein described be designated as an Economic
Revitalization Area and hereby adopts a Resolution designating this area as an Economic
Revitalization Area for purposes of real property tax abatement.
SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2)
calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION VI. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of (2) two years as shown by the attachment
pursuant to Indiana Code 6- 1.1- 12.1 -17.
SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for a Vacant Building Real Property Tax Abatement to be published
pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing
notice of the public hearing before the Common Council on the proposed confirming of said
declaration.
SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
PP.1SENTED
Member of the Common Council
a Rte, m,r�; .> t � j
;. ;s .e. .e� OW
�'o�].�
Y.Fy�l 6iiCi6J
Rod h« 07 tar Office
—_
MAY 2 Q 2015
JOHN VoOFl6�'
tBi OC.ERi„ S0UTH SEED, iN
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
111 South St. Joseph St., South Bend, IN 46601
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A TWO (2) YEAR VACANT BUILDING TAX ABATEMENT
FOR
JSK Development, Inc. /Southhold, LLC
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas
for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as 111 South
St. Joseph St., South Bend, IN 46601 and which is more particularly described as follows:
LOT AB HALL OF FAME & CHOCOLATE CAFE MINOR SUB AND THE ORIGINAL
TOWN OF SOUTH BEND 1sT RP RP6363 09 -30 -08 09/10
and which has Key Numbers 018- 3091- 347405 be designated as an Economic Revitalization Area;
and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such
designation is for Real Property tax abatement only and is limited to two (2) calendar years from
the date of adoption of the Declaratory Resolution by the Common Council.
SECTION 1I. The Common Council hereby determines that the property owner is qualified for
and is granted a real property tax deduction for a period of (2) two years as shown by the
attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the
Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement
of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend
and Indiana Code 6- 1.1 -12 et seq.
SECTION III. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approved by the Mayor.
Member of the Common Council
100
CtT� �t iii, �aGUul
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
May 18, 2015
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: First Substitute Filing
Vacant Building Tax Abatement Petition for:
JSK Development, Inc. /Southhold, LLC
Dear Council Member Ferlic:
PHONE: 574/235 -9371
FAX: 574/235 -9021
An amended first substitution filing was made regarding the real property tax abatement
petition for JSK Development Inc. /Southhold, LLC. The following information was
amended from the original filing:
➢ Petition for Incentives - Legal owner name added, Southhold, LLC, on page one
➢ Statement of Benefits SB -INBD — Section 1, name of taxpayer changed from JSK
Development or LLC to be named later to Southhold, LLC
➢ Statement of Benefits SB -1 /VBD — Section 2, information added that was previously
blank
➢ Statement of Benefits SB -I/VBD — Section 3, number of additional jobs and salaries
changed from 42 to 38 to match the Petition for Incentives
➢ Statement of Benefits SB -1 /VBD — Section 4, information added that was previously
blank
➢ Statement of Benefits SB -1 /VBD — Section 5, information added that was previously
blank
Should you or any of the other Council members have any questions or need additional
information, please feel free to call me at 235 -9339.
Sincerely,
-73 /C iL
Brock Zeeb
Director Economic Resources
Attachments
cc: South Bend Common Council Members
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITIN KAIN PANAELA C. MEYER CHRIS FIELDING BROCK ZEEB
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
May 18, 2015
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Vacant Building Tax Abatement Petition for:
JSK Development, Inc. /Southhold, LLC
Dear Council Member Ferlic:
PHONE: 574 /235 -9371
FAx:574235 -9021
Please find the attached information pertaining to a vacant building tax abatement petition
for JSK Development Inc. /Southhold, LLC:
➢ Department of Community Investment's summary report
➢ Copy of the petition
➢ Statement of Benefits form
➢ Supporting information.
The report contains the Department's findings relative to the above petition. The project
meets the qualifications for a (2) two year vacant building tax abatement. A representative
fiom JSK Development, Inc. /Southhold, LLC will be available to meet with the Committee
on Tuesday, May 26, 2015.
Should you or any of the other Council members have any questions concerning the report,
or need additional information, please feel free to call me at 235 -9339.
Sincerely,
/;7Z,
Brock Zeeb
Director Economic Resources
Attachments
cc: South Bend Common Council Members
Mayor Pete Buttigieg
Scott Ford
Chris Fielding
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITM KAIN PAMELA C. MEYER CHRIS FIELDING BROCKZEEB
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: BROCK ZEEB
SUBJECT: VACANT BUILDING PROPERTY TAX ABATEMENT PETITION FOR:
JSK Development, Inc. /Southhold, LLC
DATE: May 19, 2015
On Tuesday, April 21, 2015, a petition from JSK Development, Inc. /Southhold, LLC was,
received and subsequently filed with the City Clerk for vacant building property tax
abatement consideration for property to be located at 111 South St. Joseph St, South Bend,
IN 46601. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the
City of South Bend, this petition was referred to the Department of Community Investment
for purposes of investigation and preparation of a report determining whether the area
qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all
zoning requirements have been met.
The Department of Community Investment has reviewed the petition (a copy of which is
attached), investigated the area, and makes the following report.
PROJECT SUMMARY
➢ Construction of a full- service national brand 120 room hotel and connecting annex
to the former College Football Hall of Fame. The Hall of Fame would become a
multi -use, owner- occupied property which would house all the support services for
the new hotel (reception, restaurant, etc.) as well as the new home for JSK
Development corporate offices.
➢ $9,250,000 investment in new building construction and building
expansion/connection with HOF
➢ Total project taxes during two year abatement period — $173,745.28
➢ Estimated taxes being abated during two year abatement period — $107,783.53
➢ Total taxes to be paid during two year abatement period — $65,961.75
EMPLOYMENT IMPACT
Per the petition, it is estimated that the total project will:
➢ Create 33 permanent, full -time and zero (0) permanent, part-time jobs within the
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITIN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB
first year, representing a new annual payroll of $884,083.20
➢ Retain 0 permanent, full -time jobs with an annual payroll of $0
➢ Create a total of 38 permanent, full -time and zero (0) permanent, part-time jobs,
representing a total annual payroll of $1,108,723.20. In addition, JSK
Development, Inc. will be relocating approximately 32 jobs from their corporate
office into the downtown building
ABATEMENT QUALIFICATION
A review of the tax abatements previously granted, finds that the petitioner has not
been granted or associated with any previous abatements.
2. The Building Commissioner has reviewed the petition and finds the property to be
properly zoned for the proposed project.
A review of the South Bend Redevelopment designation areas finds that the property
is located in the River West Development Area.
4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner
meets the qualifications for a two (2) vacant building tax abatement under section
IC. 6 -1.1- 12.1 -4.8.
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cue W'b
r.
legal name as reglstcree with Secretary of I JSK Development Inc. /,SoVTIJHOeDr GLG
Jet,
ssinessstructure ( i1 S-Corp . J
Prtmaryoompanywit"rneme At Patel Irae President
AddressofcompanycoJtact 1247 North Dixleway Phone 574. 387.4468
Icitc State,2lp I I South Bend IN 46637 lane" I maiQskhotel.com I
State,
AJ Patel
Same
This project Involves the construction of a full- service national bend 120 room hotel and connecting annex to the former
College Football Hall of Fame. The HOF would become a multiuse, owner- ccupled property which would house all the
support services for the new hotel (reception, restaurant, etc) as well as the new home for JSK Development corporate
offices.
N -Not issued
F)o z I z0
fJ0ffi Vo0 1 E
rr?yr CLOK, SOUTH BEND, IN
r.
What is the value of any equipment being
purchased from out ofstate for the project?
Publlclnhastructure- peds(Off-
site ofprojectindPllans)
1
Hwary SO4fundingbeen
received?
What is the value ofany equipment being purchased in
Indiana forthe project?
-B ctinwez�;nBntiis-
a:
2019
2020
ZOU
land Acquismon
i
Bulfding lease Payma
j
$ 50,000
S150.000
S 150,000
S 250,000
$ 600.000
Building Purcfiese C I
,
New Building Cmm"CJ,nn
S500.000
$6,000.000
5250,000
Existing Building lmplo
j¢menC
§900,000
5200,000
New Machinery S, Equipment
Special Tooling /8etool'lyJ1g
New Furniture/Fixtures
S 1.000,000
$1.000,000
New Computer /R Hardware
New Software
On -site Bail Infrastructure
On -sit¢ Fiber Infmstut,
a
I
I
Houriyavemeewege, w/o
Totalbaining
T.01410 be
Calendar Year
labs retained Total hourly
Cumulativetlofnet N[W full time
' wage w/o
permanent jobs created at project
benefits or bonuses, of
expenditure-
trained - not
fringe or
cumulative net newjohs
not
cumulative
ibonuses
cumulative
2015
2016
2017
33 $12.88
2036
5 $21.60
2019
2020
2021
20u
2023
2024
1
2025
2026
Fulltime Parttime
laborers
$9,00
$9.00
Technical
Managerial l
$27.60
Adminlstratn}
$11.50
. win both. oumno.at
W.1me
response ¢ for coor ao ng win
I Ken Herman
Doesyourwmpa.y hafean
EEOhiring policy? Yes
. Are you an EEO employer?
Yes
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diversityand inclusion bydetailing your
Year 2012 2013
2014
outrearhandrewhment efforts forthe cart
three years as well as anent polities.
FOI[Time
Part Time
Full Time
Part Time
F011 Time
Part Tlm¢
Black I
6
2
4
Hispanic
?
3
10
Asian i
Indian
Female i
20
5
t8
other
what is the current am
nsed values
Real Property:
YO
Personal Property:
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Real Property:
Personal Property:
whatis thetax keynumberfor
this project?
What k the six digit NA
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Personal PropertYTaxec
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I
Year Two
1
Year Three
year Four
iYear Five
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end arid to the total flown abow,
YorN Points Points
Public Benefit Item:
Project Related:
5
lX
Redevelop a Site that has5peclal Needs
49
B.
Develop Basedon Local University Research
35
C.
Achieve a Physical Element of a Plan
36
Sub -total Project Related:
0
120
6
SuperSiz Poi ts(point values are cumulative):
A.
100% to 199%
25
25
B.
200% to 299%
68
C.
300% to 399%
4S,
65
j D.
400 % and Over
Z
52
Sub -total Super Site Projects:
0 Q V
210
7
P y for Municipal Infrastructure:
'
A.
Payfor Oversizing or Upgrading
14
B.
Payfor 26-50% of Extension Cost
26
C.
Payfor SI- 75 %of Extension Cost
38
�D.
Pay for 76. 100% of Extension Cost
52
Sub -total Infrastructure Related:
0 131
Total from Applicant Section:
476 3N6
539
Total from Staff Section:
0 2
461
Total Public Benefit Points:
329
1000
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Complete below for Real or Personal P..- Abatement only.
Please sign for all requested incentives.
Public Benefit Iternt
information is required on both the construction companies and the
companies which will provide materials purchased for this project.
Please complete the table below with the appropriate information. If
you qualify for the points, please enter the full amount of available
points.
Qualify
(Yes or No)
-
Earned points
Available Points
1
Construction Related (Contractorsb
A.
Employ Local Companies (75 %). _ --
Y
20
20
B.
Purchase Materials from Local Companies (75%)
Y
20
20
C.
. Require Employees vs. Independent Contractors
Y
19
19
D. ..
Require Prevailing Wage (Davis Bacon)
Y
22
22
E.
Require Health Benefits
Y
22
22
F.
Require Pension Benefits
18
G.
IMaintain Affirmative Action: Plan
Y
20
20
Sub -total Construction Related:
123
141
2
Wage & Benefit Related fgwner):
A.
Pay Target Wage Levels
N
33
R.
Provide Health Benefits
Y
34
34
C.
Provide Pension Benefits
N
29
D.
Provide Training
Y
28
28
E.
Provide Child Care
N
15
F.
Provide Transportation Assistance
N
14
G.
I Provide Employer Assisted Housing program
N -
9
Sub -total Wage & Benefit Related:
62
162
3
Workforce Related:
A.
Create New Jobs
Y 42
42
B.
Retain Existing Jobs
41
C.
Maintain Affirmative Action Plan
Y 35
35
D.
Provide Targeted Hiring Preference
34
Sub -total Workforce Related:
77
152
4
Support a Municipal Facillty:
A.
Support a SB Municipal Facility (donations to the
zoo, conservatory, museum, etc.)
Y
1 84
Name of Facility
Sub -total Municipal Facility:
84
84
Sub -total from Above:
346
539
The undersigned owner(s) of real property, located within the City of South Bend, herby petition the Common Council of the City
of South Bend for a real and /or personal property tax abatement consideration and pursuant to I.C., 6.1.1- 12.1 -1, et sea., and
South Bend Municipal Code Sec. 2 -76 et sea. for this petition state the above.
*ff' STATEMENT OF BENEFITS
VACANT BUILDING DEDUCTION
State Form 55182 (R 12 -14)
Prescribed by the Department of Local Government Finance
This statement is being completed for real property that qualifies as an "eligible vacant building" as defined by
IC 6 -1.1- 12.1 - 1(17).
20_ PAY 20_
FORM SBA I VBD
PRIVACY NOTICE
The cost and any spegYC individual's
salary information is confidential; the
balance of the fling is public record
per IC 6 -7.1- 72.7 -SA (c) and (d).
INSTRUCTIONS:
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public heating if the designating body
requires information from the applicant in making its decision about vrhether to designate an Economic Revitalization Area. Otherwise, this statement
must be submitted to the designating body BEFORE the occupation of the eligible vacant building for which the person wishes to claim a deduction.
2. To obtain a vacant building deduction, a Form 322111BD must be filed with the county auditor before May 10 in the year in which the property owner
or his tenant occupies the vacant building or not later than thirty (30) days after the assessment notice is mailed to the property owner if it was
mailed after April 10. If the property owner misses the May 10 deadline in the initial year of occupation, he can apply between March 1 and May 10
of a subsequent year.
3 A property owner who files the Form 3221VBD must provide the county auditor and the designating body with a Form CF -1NBD to show compliance
with the approved Form SB -1N9D. The Form CFINBD must also be updated each yearin which the deduction is applicable.
SECTION •-
Name of taxpayer
Ts K �r r� E1ELOP E� %, 1 x.�SCVTi/,V4LO, e_1
Address of taxpayer (numberand street, city, state, and ZIP code)
247 North Dixieway, South Bend, IN 46637
Name of contact person
Telephone number
E -mail address
AJ Patel
( 574 ) 387 -4467
info @jskhotel.com
SECTION 2 LOCATION AND DESCRIPTION
OF PROPOSED PROJECT
Name of designating body
Resolution number
South Bend Common Council
Location of property
County
DLGF taxing district number
111 St. Joseph St., South Bend, IN 46601
St. Joseph
Description of eligible vacant building that the property owner or tenant wh occupy (use additional sheets ifnecessery).
Estimated occupancy date (month, day, year)
Hall of Fame building
Xuts4.57- 1, a0 /,5-
Estimated date placed -in -use (month, day, year)
A ec,v 1 a017
sr:cTiON 3 ESTIMATE OF EMPLOYEES
AND SALARIES AS A RESULTOF PROPOSED PR
Current number Salaries
Number retained Salaries Numberadditional Salaries
0 0.00
0 0.00 38 1,108,723.20
SECTION ESTIMATED
TOTAL COST AND VALUE OF PROPOSED PROJECT
REAL ESTATE IMPROVEMENTS
COST
ASSESSED VALUE
Current values
2,400,000.00
Plus estimated values of proposed project
500,000.00
Less values of any property being replaced
Net estimated values upop completion of project 2,400,000.00
SECTION •- TO SELL OR LEASE VACANT BUILDING
Described efforts by the owner or previous owner to sell, lease, or rent the building during period of vacancy:
City had call for offers for sale or lease
Show amount forwhbh the building was offered for sale, lease, or rent during period of vacancy.
$2,400,000 for sale; $9/ sq. ft. for lease
List any other benefits resulting from the occupancy of the eligible vacant building.
SECTION 6 TAXPAYER CERTIFICATION
I hereby certify that the representations in this statement are true.
Signature of autho' ealalive
Ttie
Date signed (month, day, year)
INI4eMt10Q!'
May 12, 2015
Page 1 of 2
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
121 South St. Joseph St., South Bend, IN 46601
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A
(9) NINE -YEAR REAL PROPERTY TAX ABATEMENT FOR
JSK Development, Inc. /Southhold, LLC
WHEREAS, a petition for real property tax abatement consideration has been filed with
the City Clerk for consideration by the Common Council of the City of South Bend, Indiana,
requesting that the area commonly known as 121 South St. Joseph St., South Bend, IN 46601 and
which is more particularly described as:
LOT 38A HALL OF FAME & CHOCOLATE CAFE MINOR SUB AND THE ORIGINAL
TOWN OF SOUTH BEND I ST RP RP6363 09 -30 -08 09/10
and which has Key Numbers 018 - 3001 -0024 be designated as an Economic Revitalization Area
under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections
2 -76 et SeMc ., and;
WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes
in the final legal description and to report the final, appropriate Key Number to the Department of
Community Investment and to the Office of the City Clerk; and
WHEREAS, the Department of Community Investment has concluded an investigation and
prepared a report with information sufficient for the Common Council to determine that the area
qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et se,c., and South
Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the
boundaries and such other information regarding the area in question as required by law; and
WHEREAS, the Community Investment Committee of the Common Council has reviewed
said report and recommended to the Common Council that the area qualifies as an Economic
Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana
Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration.
SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Member of the Common Council
Swim pmrft an
Fled in c'!t "wS office
"1`'2G 2p15
voORDS7
CITY CLERK, SOUTH LEND, IN
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
121 South St. Joseph St., South Bend, IN 46601
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A NINE (9) YEAR REAL
PROPERTY TAX ABATEMENT FOR
JSK Development, Inc. /Southhold, LLC
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas
for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as 121 South
St. Joseph St., South Bend, IN 46601 and which is more particularly described as follows:
LOT 38A HALL OF FAME & CHOCOLATE CAFE MINOR SUB AND THE
ORIGINAL TOWN OF SOUTH BEND 1 ST RP RP6363 09 -30 -08 09/10
and which has Key Numbers 018 - 3001 -0024 be designated as an Economic Revitalization Area;
and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION 1. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such
designation is for Real Property tax abatement only and is limited to two (2) calendar years from
the date of adoption of the Declaratory Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is qualified for
and is granted a real property tax deduction for a period of up to (9) nine years as shown by the
attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the
Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement
of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend
and Indiana Code 6- 1.1 -12 et seq.
SECTION III. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approved by the Mayor.
Member of the Common Council
Red 1N k lArk's Office
r` 2a 2015
f ETY :LC 3i , SOUTH WEND, IN
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
May 18, 2015
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: First Substitute Filing
Real Property Tax Abatement Petition for:
JSK Development, Inc. /Southhold, LLC
Dear Council Member Ferlic:
PHONE: 574 /235 -9371
FAX: 574/235 -9021
An amended first substitution filing was made regarding the real property tax abatement
petition for JSK Development Inc. /Southhold, LLC. The following information was
amended from the original filing:
➢ Petition for Incentives - Legal owner name added, Southhold, LLC, on page one
➢ Statement of Benefits SB- I/Real Property — Section 1, name of taxpayer changed
from JSK Development or LLC to be named later to Southhold, LLC
➢ Statement of Benefits SBA/Real Property — Section 2, information added that was
previously blank
➢ Statement of Benefits SB -I /Real Property — Section 3, number of additional jobs
and salaries changed from 42 to 38 to match the Petition for Incentives
➢ Statement of Benefits SB- 1/Real Property — Section 4, information added that was
previously blank
Should you or any of the other Council members have any questions or need additional
information, please feel free to call me at 235 -9339.
Sincerely,
-e /!ti- ,
Brock Zeeb
Director Economic Resources
Attachments
cc: South Bend Common Council Members
Mayor Pete Buttigieg
Scott Ford
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESSDEVELOPMENT ECONOMIC RESOURCES
JITIN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
May 18, 2015
CITY OF SOUTH BEND PETE BUTTIGTEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
Council Member Gavin Ferli6, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Real Property Tax Abatement Petition for:
JSK Development, Inc. /Southhold, LLC
Dear Council Member Ferlic:
PHONE: 574/235 -9371
FAx:574/235 -9021
Please find the attached information pertaining to a real property tax abatement petition for
JSK Development Inc. /Southhold, LLC:
➢ Department of Community Investment's summary report
➢ Copy of the petition
➢ Statement of Benefits form
➢ Supporting information.
The report contains the Department's findings relative to the above petition. The total cost
for the construction is estimated at $9,250,000. The project meets the qualifications for a
(9) nine year real property tax abatement. A representative from JSK Development,
Inc. /Southhold, LLC will be available to meet with the Committee on Tuesday, May 26,
2015.
Should you or any of the other Council members have any questions concerning the report,
or need additional information, please feel free to call me at 235 -9339.
Sincerely,
le;��
Brock Zeeb
Director Economic Resources
Attachments
cc: South Bend Common Council Members
Mayor Pete Buttigieg
Scott Ford
Chris Fielding
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITN KAN PAMELA C. MEYER CHRIS FIELDING BROCKZEEB
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: BROCK ZEEB
SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR:
JSK Development, Inc. /Southhold, LLC
DATE: May 19, 2015
On Tuesday, April 21, 2015, a petition from JSK Development, Inc. /Southhold, LLC was
received and subsequently filed with the City Clerk for real property tax abatement
consideration for property to be located at 121 South St. Joseph St, South Bend, IN 46601.
Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South
Bend, this petition was referred to the Department of Community Investment for purposes
of investigation and preparation of a report determining whether the area qualifies as an
Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning
requirements have been met.
The Department of Community Investment has reviewed the petition (a copy of which is
attached), investigated the area, and makes the following report.
PROJECT SUMMARY
➢ Construction of a full- service national brand 120 room hotel and connecting annex
to the former College Football Hall of Fame. The Hall of Fame would become a
multi-use, owner- occupied property which would house all the support services for
the new hotel (reception, restaurant, etc.) as well as the new home for JSK
Development corporate offices.
➢ $9,250,000 investment in new building construction and building
expansion/connection with HOF
➢ Total project taxes during nine year abatement period — $2,410,716
➢ Estimated taxes being abated during nine year abatement period — $945,911
➢ Total taxes to be paid during nine year abatement period — $1,464,805
EMPLOYMENTIMPACT
Per the petition, it is estimated that the total project will:
➢ Create 33 permanent, full -time and zero (0) permanent, part-time jobs within the
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITIN xA1N PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB
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n far Incentives �. k,�..
Petition must ncludea$15onling ) eepoyoldelothe C /tyCleW, OJf7ce or online via the City's website at
http: / /sot ( h6endin.gav /government/ content /taX- abatement before arocessina can he complete rM
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tlty, state,2it, South Bend IN 46637 Email ..10iskhotel.crom
AJ Patel
Same
state,
protect, and "whythe Thls proJed Involves the construcoon or a full - service national brand 120 room hotel and connecting annex to the former
College Football Hall of Fame. The HOF would become a muCfuse, owner-occupled property which would house all the
[necesseryfdr supped services for the new hotel (reception, restaurant, etc) as well as the new home for JSK Development corporate
growth I I otiose.
Filed in rvh Office
C! -Y IN
N -Not Issued
received? ' Indiana forthe project? Ipurd..dhomaut ofstateforthe project
Asian
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5300,000 5200.000
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or cumulativenetnewjabs not cumulative
QS I amulaMe
33 $12.88
5 $21.60
full time
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$9.00
$9.00
$21.60
$11.50
a e or coor ma ng wn
wino 7
Ken Herman
irmspoiicy? Yes
. Are you an EEO employer?
yes
" •
2012 •
•% is
_
2013
2014
FUII Time Part Time
Please describe your commitment to
diversityand Inclusion hydetelling your
outreach and recrunment efforts for the la
three years as well as cumnt pclides.
WIITime Part Time Full Time Part Time
6
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q
1 10
7 3
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Whatisthecurrentassesod value?
Real Property:
YO
Personalproperty.
Whatisthe pro}eAede sbd value?
Real Property.
Personal Property:
Whatisthetax keynuruberfor this project?
0/ CI0 I - QORY • / 8"e '� 09' -1'47 Q .
V .i
What is the six died NA tS rode?
Pleaseanach a GOOele ap and street view of the low tion.
Please list th e amount of real and pemse,I property taxes;
Paid forthe last five YeArs vfien applicable.
Real Property Taxes:
Personal Property Taxer.
Year One
I
YearTaro
Yearthree
YearFOUr
' Year Five
s
Y.It Po— Points
Public Benefit Item:
EMMA Related:
5
IA.
Redevelop a Site that has Special Needs
-
49
B.
Develop Based on Loral University Research
35
C.
Achieve a Physical Element of a Plan
36
Sub -total Project Related:
0
120
i
6
I$ pef
9¢ Projects (point i a e cumulative}:
A.
100% to 199%
Z 5
25
B.
200 %to 299%
68
IC.
300 %to 399%
S
65
jD.
400 % and Over
52
i
Sub -total Super Size Projects:
0 2. V
210
7
Pay for Municipal Infrastructure:
A.
Pay for Oversizing or Upgrading
14
B.
Payfor 2630 %of Extension Cost
26
C.
Pay for 51 -75% of Extension Cost
39
.0.
Pay for 76 -100% of Extension Cost
52
Sub -total Infrastructure Related:
0 131
Totalfrom Applicant Section:
ase 3y6
539
Total from Staff Section:
0 Z
461
Total Public Benefit Points:
926
ECI Z
1000
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OR
Information is required on both the construction companies and the -
companies which will provide materials purchased for this project.
Please complete the table below with the appropriate information. If
you qualify for the points, please enter the full amount of available
- - points.
Qualify
(Yes or No)
Earned Points
Available Points
1
Construction Related (Contractors):
A.
Employ Local Cornpanies(75 %) ..� -
Y
20
20
B.
Purchase Materials from Local Companies (75 %)
Y
20
20
C..
Require Employees vs. Independent Contractors
Y
19
19
D. ..
Require Prevailing Wage (Davis Bacon)
Y 22
22
E.
Require Health. Benefits
Y
22
22
F.
G.
Require Pension Benefits
18
Maintain Affirmative Action: Plan -
Y 20
20
The undersigned owner(s) of real property, located within the City of South Bend, herby petition the Common Council of the City
of South Bend for areal and /or personal property tax abatement consideration and pursuant to I.C., 6 -1.1. 12.1.1, et sea., and
South Bend Municipal Code Sec. 2-76 et sea.. for this petition state the above.
STATEMENT OF BENEFITS
REAL ESTATE IMPROVEMENTS
State Form 51767 (RS i 10 -14)
° - Prescribed by the Department of Local Government Finance
This statement is being completed for real property that qualifies under the following Indiana Code (check one box):
L] Redevelopment or rehabilitation of real estate improvements (IC 6 -1.1- 12.1 -4)
❑ Residentially distressed area (IC 6 -11- 12.1 -41)
20_ PAY 20_
FORM SBA I Real Property
PRIVACY NOTICE
Any information concerning the cost
of the property and speck salaries
paid to Individual employees by the
property owner is confidential per
IC 6 -1.1- 12.1 -5.1.
INSTRUCTIONS:
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires
information from the applicant in making its decision about whetherlo designate an Economic Revitalization Area. Otherwise, this statement must be
submitted to the designating body BEFORE the redevelopment orrehabilitation of rea /property for which the person wishes to claim a deduction.
2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of
the redevelopment or rehabilitation for which the person desires to claim a deduction.
3. To obtain a deduction, a Form 3221RE must be filed with the County A uditor before May 10 in the year In which the addition to assessed valuation is
made or not later than thirty (30) days after the assessment notice is mailed to the property ownerif it was mailed afterApol 10. A property owner who
failed to file a deduction application within the prescribed deadline may file an application between March 1 and May 10 of a subsequent year.
4. A property owner who files for the deduction mustprovide the CountyAuditorand designating body with a Form CF- IlReal Property. The Form CFI /Real
Property should be attached to the Form 3221RE when the deduction is first claimed and then updated annually for each year the deduction is applicable.
tC 6 -1.1- 12.1- 5.1(b)
5. For a Form SB -1 /Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each
deduction allowed. For a Form SB- 1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body
remains in effect 106 -1.1- 12.1 -17
SECTION I TAXPAYER INFORMATION
Name of taxpayer f^� T�'`
7S UEVEL,OPMFiv7-j1 -. 1-5014THNOC,O, GLC
Address of taxpayer (number andstmet, ciN state, and ZIPcode)
247 North Dixieway, South Bend, IN 46637
Name of contact person Telephone number
E -mad address
AJ Patel (574) 387 -4467
info @jskhotel.com
SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT
Name of designa0ng body
Resolution number
South Bend Common Council
Location of property
Ccunly
DLGF taxing district number
121 St. Joseph St., South Bend, IN 46601
St. Joseph
Descnption of real property improvements, redevelopment, or rehabilitation (use additional sheelsifnecessary)
Estimated start data (month, day, year)
Construction of 120 room hotel
August 1, 2015
Estimated oomphation data (month, day, 0a4
March 1, 201.7
SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIESAS RESULTOF PROPOSED PROJECT
Current number i Salaries iflumberretained i Salaries I Numner additional
Caunne
Pagel of 2
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
May 20, 2015
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
Dear Council Member Ferlic:
PHONE: 574 /235 -9371
FAX: 574/235 -9021
Community Investment has received a request from the petitioner, Tampico Developments,
LLC, to continue consideration for tax abatement until June 8, 2015. The developer would
like to make a change to the filed petition. This will require a substitute petition and packet
which will be filed with the Community Investment Committee upon receipt of the proper
paperwork from the petitioner.
Thank you,
X31 eo
Brock Zeeb
Director Economic Resources
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JHiN KAM PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB
i3�llF�o. (3=3>
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN
THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
4701 Nimtz Parkway, South Bend, IN 46628
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
(5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR
Schafer Industries, Inc.
WHEREAS, a petition for personal property tax abatement consideration has been filed
with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana,
requesting that the area commonly known as 4701 Nimtz Parkway, South Bend, IN 46628 and
which is more particularly described as follows:
Business Personal Property
and which has a Key Number 71- 025 -500 -23829 be designated as an Economic Revitalization
Area under the provisions of Indiana Code 6 -1.1 -12.1 et sue., and South Bend Municipal Code
Sections 2 -76 et sM., and;
WHEREAS, the Department of Community Investment has concluded an investigation and
prepared a report with information sufficient for the Common Council to determine that the area
qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et seg., and South
Bend Municipal Code Sections 2 -76, et sue., and has further prepared maps and plats showing the
boundaries and such other information regarding the area in question as required by law; and
WHEREAS, the Community Investment Committee of the Common Council has reviewed
said report and recommended to the Common Council that the area qualifies as an Economic
Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-
1.1- 12.1 -4.5 et S�Mc., that:
a. The estimate of the cost of the new manufacturing equipment is reasonable for
equipment of that type;
b. That the estimate of the number of individuals that will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to result
from the proposed installation of new manufacturing equipment;
c. That the estimate of the annual salaries of those individuals that will be employed
or whose employment will be retained by the Petitioner can be reasonably expected
to result from the proposed installation of new manufacturing equipment;
d. Any other benefits about which information was requested are benefits that can be
reasonably expected to result from the proposed new manufacturing equipment;
and
C. The totality of benefits is sufficient to justify the deduction requested.
SECTION H. The Common Council hereby determines and finds that the proposed new
manufacturing equipment can be reasonably expected to yield the benefits identified in the
Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax
Abatement Consideration and that Statement of Benefits form completed by the petitioner, said
form being prescribed by the State Board of Accounts, are sufficient to justify the deduction
granted under Indiana Code 6 -1.1- 12.1 -4.5.
SECTION III. The Common Council hereby accepts the report and recommendation of the
Department of Community Investment, and the Community Investment Committee's favorable
recommendation, that the area herein described be designated as an Economic Revitalization Area
for purposes of personal property tax abatement and hereby makes such a designation.
SECTION IV. The Common Council determines that such designation is for personal property
tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of
this Resolution by the Common Council.
SECTION V. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of (5) five years as shown by the attachment
pursuant to Indiana Code 6- 1.1- 12.1 -17.
SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this
Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana
Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council
on the proposed confirming of said declaration.
SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
tia t �"Ai� raor
wA
x of ";A4
Member of the Common
'S Office
.Y'2 2015
UTY CLEW, ND, IN
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
May 12, 2015
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Personal Property Tax Abatement Petition for: Schafer Industries, Inc.
Dear Council Member Ferlic:
PHONE: 574/235 -9371
FAX: 574/235 -9021
Please find the attached information pertaining to a personal property tax abatement
petition for Schafer Industries, Inc.:
➢ Department of Community Investment's summary report
➢ Copy of the petition
➢ Statement of Benefits form
➢ Supporting information.
The report contains the Department's findings relative to the above petition. Schafer
Industries, Inc. will be purchasing and installing approximately $2,450,000 of new
equipment to meet market demands and acquire new customers. The project meets the
qualifications for a (5) five year personal property tax abatement and a representative from
Schafer Industries, Inc. will be available to meet with the Committee on Tuesday, May 26,
2015.
Should you or any of the other Council members have any questions concerning the report,
or need additional information, please feel free to call me at 235 -9339.
Sincerely,
Brock Zeeb
Director Economic Resources
Attachments
cc: South Bend Common Council Members
Mayor Pete Buttigieg
Scott Ford
Chris Fielding
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITIN KAN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: BROCK ZEEB
SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR:
Schafer Industries, Inc.
DATE: May 18, 2015
On Thursday, May 7, 2015, a petition from Schafer Industries, Inc. was received and
subsequently filed with the City Clerk for personal property tax abatement consideration
for property to be located at 4701 Nimtz Parkway, South Bend, IN 46628. Pursuant to
Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this
petition was referred to the Department of Community Investment for purposes of
investigation and preparation of a report determining whether the area qualifies as an
Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning
requirements have been met.
The Department of Community Investment has reviewed the petition (a copy of which is
attached), investigated the area, and makes the following report.
PROJECT SUMMARY
➢ One CNC Gear Hobbing machine, one CNC Gear Deburring machine, two CNC
Gear Grinding machines being purchased to meet market needs and to help attract
new customers
➢ New project taxes over the five year abatement period — $210,178
➢ Estimated taxes being abated over the five year abatement period — $96,848
➢ Total taxes to be paid on new and existing equipment over the five year abatement
period — $113,330
EMPLOYMENT IMPACT
Per the petition, it is estimated that the total project will:
➢ Create (4) four permanent, full -time and zero (0) permanent, part-time jobs within
the first year, representing a new annual payroll of $35,360 per job
➢ Maintain (38) thirty eight existing permanent full -time and (0) zero existing part-
time jobs with a payroll of $3,700,000.
➢ The project will create 4 jobs over ten years with a payroll of $353,600 per job.
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
i1TIN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB
ABATEMENT QUALIFICATION
A review of the tax abatements previously granted, finds that the petitioner has
been granted any previous abatements.
The Building Commissioner has reviewed the petition and finds the property to be
properly zoned for the proposed project.
A review of the South Bend Redevelopment designation areas finds that the property
is located in the River West Development Area.
4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner
meets the. qualifications for a (5) five -year personal property tax abatement under
section 2 -84.2, Tangible Personal Property Tax Abatement.
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Stan Blenke
Executive Vim President
574-444116 ext. 214
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machine and two CNC Goa r Grinding Machines. q
N/A
No
Filed In Ci"k's Office
CITY CLEK SOUTH BEND, IN
Investment Details
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Filed Ire oJ* Office
STATEMENT OF BENEFITS F-
Piescilbed 7 2015 PERSONAL PROPERTY FORM SB -1)Pp
State F.. 51764(112112 -11) JgPII by the Department of Local Government Finance CITY CLERK, SOUTH SEND, IN _ PRIVACY NOTICE
INSTRUCTIONS: I Par 1115-.1.14
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires
information from the applicant Zr) making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submfifed
to the designating body BEFORE aperson Installs the nawmanufectudng equipment andforresearch and development equipment, and/or logistical dfsuibudi
equipment andlorinformatlon technology equfpmentfor which fhaperson Wishes to claim a deduction_ Fro)ecls' planned or committed to afterJUty i ,9987, on
and areas designatedeRer July 1,la87,requtrea STATEMENI-OFBENEFITS.
2. Approve/ ofthe designating rid development body (City Council, Town Board County Lbuncfl, etc.) must be obfelned prior to installation of the newmanufactudng equipment
and/or research and development equlpmenf androrlogfsllcal distributiont equipment end/orinformab'on technology equipment. BEFORE a deduction may
be approved
3. 7o obtain a deduction, a person most file a certified deduction schedule with the person's personal propenyretum on a can/fied deduction schedule (Form
103-ERA) with the tovmshfp assessor of the lownsh /p where the propeny/s situated or with the county assessorif there is no township assessor for the
township. The 103 -ERA must be filed between March i and May 15 ofthe assessment yearin which new manufacturing equipment andlormsearch and
development equipment and/or logistical distribution equipment and/or Information technology equipment is Installed and fully functional, unless a filing
extension has been obtained. A person who obtains a fing extension must file the form behvean March 1 and the extended due date of that year.
4. Property owners whose statement ofBanelits was approved after June 30, 1991, must submit Form CF -1 /PP annually to show compliance With the
Sletamenl OtBeneffts. (IC64,14ZI -5.6)
5. The schedules established under /C 6-1,1- 12.1- 4.5(d) and (e) apply to equipment mstafled after March 1, 2001, unless an alternative deduction schedule is
adopted by the designating body (IC 61.1 - 12.1 -17).
nt aty state, and2lPf
• • • t
• -• • r
.- .
NOTE: Pursuamto IC 6 -1.1- 12.1 -5 -1 (d) (2) the
contacl Person
R & D EQUIPMENT
LODIST
nke
C057 of the property is confidential.
Telephone number
=D
E UIPMENT
574-234-4116.A214
• • • 11 • •
Name of deslgnatln9 body
•••• ••••
COST
South BeM Common Cound
COST ASSESSED
R•60NIIOn eVmbet (s)
Location of property
4701 Is= Padavay, Soy Bard, IN 46628
Counseph
D' number
VALUE
Plus estimated values of proposed project
�laxinodistrfct
DescfiPlion of manufacturing equipment and /or research and development equipment
and/or logistical distribution equfpment and/or information technology equipment,
ESTIMATED
(use addllfonafshe6(S if necessary)
Net esttmated values upon completion of project
6,046250
START DATE COMPLETION DATE
Manufacturing Equipment
o741 -2o15
ozaa.zol8
R & D Equipment
•
One CNC Gear Nobbing Machine, One CNC Gear OeWmng Ma W'ne, Two CNC Gear GdnGng Matltlnes
FcdmataA Mid warm rnnvnAnA rrr...Aa n
Logtst Dist Equipment
IT Equipment
Current number Salaam
• • • •
oeames Numbereddidanal
$3,7GG,O0p 4 Salaries
$141,440
•
• • • t
• -• • r
.- .
NOTE: Pursuamto IC 6 -1.1- 12.1 -5 -1 (d) (2) the
TURING
ENT
R & D EQUIPMENT
LODIST
C057 of the property is confidential.
=D
E UIPMENT
IT
IT EQUIPMENT
ASSESSED
VALUEyAEj
COST
COST ASSESSED
COST ASSESSED
Curren /values
5068280
-EO
VALUE
VALUE
Plus estimated values of proposed project
LMANUFACTUFUN
00.Goo
Less values of any properly being replaced
Net esttmated values upon completion of project
6,046250
•
•
• •:
FcdmataA Mid warm rnnvnAnA rrr...Aa n
Omer
ofeulhorized
tSllm6[ed hazardous waste converted (pounds) 0
In this
Page 1 of 2
We.
day,
We have reviewed our prior actions misting to the designation of this economic revitalization area and find that the applicant meets the general standards
adopted In the resolution previously approved by this body. Said resolWon, passed under IC 6 -1.1- 12.1 -2.5, provides for the following limitations as
authorized under IC 6.1.1. 12.1.2.
A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires
S . The type of deduction that Is allowed In the designated area is limited to
1. Installation of new manufacturing equipment;
0 Ye s
®N o
2. Installation of new research and development equipment;
(M Yes
m N o
3, Installation of new loglslloal distribution equipment,
❑ Yes
RO N o
4. Installation of new information technology equipment;
[Dyes
[]No
C. The amount of deduction applicable to new manufacturing equipment Is limited to $ cost with an assessed value of
$
D. The amount of deduction applicable to new research and development equipment is limited to $ Cos, with an assessed value of
E . The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an assessed value of
F. The amount of deduction applicable to new Information technology equipment Is limited to $ cost with an assessed value of
c
G. Other limitations or conditions (spaciry)
H. The deduction for nett/ manufacturing equipment and/or new research and development equipment and/or new logistical dfdribudor) equipment and/or
new Information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000, is allowed for:
�] 1 year ❑ 8 years •' For ERA's established prior to July 1, 2000, one a
[] 2 years O 7 years 5 or 10 year schedule may be deducted,
❑ 3 years 0 8 years
❑ 4 years ❑ 9 years
1] 5 years •' C] 10 years-*
1. Did the designating body adopt an alternative deduction schedule per IC 6 -1.1- 12.1 -17? m Yes 0 No
Ifyes, attach a copy of the alternative deduction schedule to this form.
Also we have reviewed the information contained In the statement of benefits and find that the estimates and expectations are reasonable and have
determined that the totality of benefits is sufficient to Justify the deduction described above-
proved: isigrrature andtida ofauthafzedmembe4 Tele tone number
P Date signed (monN, day, year]
' 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 I
entitled to receive a deduction to a number of years designated under IC 6- 1.1- 12.1 -4,6
Page 2 of 2
U11 0n' I s=3t
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
325 S. Walnut St., South Bend, IN 46601
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
(5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR:
Masterbilt, Inc.
WHEREAS, a petition for personal property tax abatement consideration has been filed
with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana,
requesting that the area commonly known as 325 S. Walnut St., South Bend, IN 46601 and which
is more particularly described as follows:
Business Personal Property
and which has a Key Number 018 - 08790 -00 be designated as an Economic Revitalization Area
under the provisions of Indiana Code 6 -1.1 -12.1 et SeMc ., and South Bend Municipal Code Sections
2 -76 et SeMc ., 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 sec., 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 1. The Common Council hereby determines and finds pursuant to Indiana Code 6-
1.1- 12.1 -4.5 et sM., that:
a. The estimate of the cost of the new manufacturing equipment is reasonable for
equipment of that type;
b. That the estimate of the number of individuals that will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to result
from the proposed installation of new manufacturing equipment;
C. That the estimate of the annual salaries of those individuals that will be employed
or whose employment will be retained by the Petitioner can be reasonably expected
to result from the proposed installation of new manufacturing equipment;
d. Any other benefits about which information was requested are benefits that can be
reasonably expected to result from the proposed new manufacturing equipment;
and
e. The totality of benefits is sufficient to justify the deduction requested.
SECTION II. The Common Council hereby determines and finds that the proposed new
manufacturing equipment can be reasonably expected to yield the benefits identified in the
Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax
Abatement Consideration and that Statement of Benefits form completed by the petitioner, said
form being prescribed by the State Board of Accounts, are sufficient to justify the deduction
granted under Indiana Code 6- 1.1- 12.1 -4.5.
SECTION III. The Common Council hereby accepts the report and recommendation of the
Department of Community Investment, and the Community Investment Committee's favorable
recommendation, that the area herein described be designated as an Economic Revitalization Area
for purposes of personal property tax abatement and hereby makes such a designation.
SECTION IV. The Common Council determines that such designation is for personal property
tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of
this Resolution by the Common Council.
SECTION V. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of (5) five years as shown by the attachment
pursuant to Indiana Code 6 -1.1- 12.1 -17.
SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this
Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana
Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council
on the proposed confirming of said declaration.
SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
r-
Member of the Common Co nci ; Prk' -s
Mae
Y &fJCR1ti2 ) �r'A� -' J unrm <!�,I �UtGl�..
CITY C► �6%i�C� �F lE td[5, IM
oo�r
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
May 14, 2015
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Personal Property Tax Abatement Petition for: Masterbilt, Inc.
Dear Council Member Ferlic:
PHONE: 574/235 -9371
FAY: 574/235 -9021
Please find the attached information pertaining to a personal property tax abatement
petition for Masterbilt, Inc.
➢ Department of Community Investment's summary report
➢ Copy of the petition
➢ Statement of Benefits form
➢ Supporting information.
The report contains the Department's findings relative to the above petition. Masterbilt,
Inc. will be purchasing and installing approximately $600,000 of new equipment to
improve capabilities, efficiencies, and produce more complex parts to meet market
demands. The project meets the qualifications for a (5) five year personal property tax
abatement and a representative from Masterbilt, Inc. will be available to meet with the
Committee on Tuesday, May 26, 2015.
Should you or any of the other Council members have any questions concerning the report,
or need additional information, please feel free to call me at 235 -9339.
Sincerely,
Tj >7�
Brock Zeeb
Director Economic Resources
Attachments
cc: South Bend Common Council Members
Mayor Pete Buttigieg
Scott Ford
Chris Fielding
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JMN KASN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: BROCK ZEEB
SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR:
Masterbilt, Inc
DATE: May 18, 2015
On Tuesday, May 12, 2015, a petition from Masterbilt, Inc. was received and subsequently
filed with the City Clerk for personal property tax abatement consideration for property to
be located at 325 S. Walnut, South Bend, IN 46601. Pursuant to Chapter 2, Article 6,
Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred
to the Department of Community Investment for purposes of investigation and preparation
of a report determining whether the area qualifies as an Economic Revitalization Area
pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met.
The Department of Community Investment has reviewed the petition (a copy of which is
attached), investigated the area, and makes the following report.
PROJECT SUMMARY
➢ Purchase new equipment to improve capabilities and efficiencies, making them
more competitive. The new equipment will allow Masterbilt, Inc. to produce more
complex parts which their customers have found difficult to source
➢ New project taxes over the five year abatement period — $51,472
➢ Estimated taxes being abated over the five year abatement period — $23,593
➢ Total taxes to be paid on new and existing equipment over five year abatement
period — $27,879
EMPLOYMENTIMPACT
Per the petition, it is estimated that the total project will:
➢ Create (4) four permanent, Hull -time and zero (0) permanent, part-time jobs within
the first year, representing a new annual payroll of $133,120
➢ Maintain (6) six existing permanent full -time and (3) three existing part-time jobs
with an annual payroll of $234,780.
PLANNING NuGHBORII00D ENCAGENIENT BUSINFSS DEVELOPMENT ECONOMIC RESOURCES
A nN KAIN P. \A7E1_A C. MEYER DiRIs FIELDING BROCK ZEEB
ABATEMENT QUALIFICATION
A review of the tax abatements previously granted, finds that the petitioner has not
been granted or associated with any previous abatements.
The Building Commissioner has reviewed the petition and finds the property to be
properly zoned for the proposed project.
A review of the South Bend Redevelopment designation areas finds that the property
is located in the River West Development Area.
A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner
meets the qualifications for a (5) five -year personal property tax abatement under
section 2 -84.2, Tangible Personal Property Tax Abatement.
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City of South Bend
Petition for Tn nfive
PWOOn must lndude a $250P109 fee PgyabM to the l r
Ckytlerk's OfJlce or onl /ne via the t'hy's tvebsRe at
. httP// southbendi n. 9: ov/ 0ovemment/ roMenVtax -obptemeritbploreProcesslnp can be complain
r Name Falcon
Legal name as reghteredwith Sevetary of ;
Masterbilt, Incorporated
ausinett structure
' S- Corporation
CompanYwebeke.
www.masterbilt- inc.com
Proposed Project Information
Proposed proledtaddress Parent company 325 S. Walnut St. pony name
air, state, by -
ESouth Bend, IN 46501
tegalowrher Masterbifi, Inc.
Site acreage w acreage requl
Is the real estate owned w.
Owned
Square feet of facility
Primary Contact Information
X500
If leased by whom
marycompanyWMect name
Will
Rob Michalak
Tie
`. Vice President
Adtlreu ofcompany,conbct
325 S. Walnut St.
Phone 574.287.6567
TAty, Skk, � - South Bend, IN 45601
Finall
rob@masterbilt- Inc.com
Senior Official Information
Compahryseniw oHWal ET 177110 Bob Michalak
title
- President
Address ofcgmpanYcontact (if dltterenthom
Phone
Clty,sbk, ZIP I
Email
Consultant Information/Agent
d bobQmasterbilt- inc.com
Hired badness wawlknVsgentnsme
Conwlkntrel s fY /N)
Adtl ass
Local econdmkdevekgment partners
Ciry,Skk,LP
a ravel N
Finag
Project Overview
Brief desaipdon of year
company, Proles; and ythe
Masterbin is an aerospace precision machining business which has an opportunity to grow with existing customers.
Investment in new machinery and technology is necessary to improve
property h nacessaryfor
cepabilifies and effickncies which will make us more
competitive. The new machines will allow Masterbik to produce more complex which
economi<growth -.
parts our customers have found
difficult to source. We have already received request for quotes and have won several jobs due to our history of top quality
and delivery performance but can grow rapidly with newer technology. Masterbift will mod to hire new employees and
invest in employee training and development to support the growth an
Filed in Cie,., pffice
2 2015 i
LMAY
OUYr ¢ ENb, IN
N/A
Certified Technology Park appropriate
Community ReWbllardon Enhancement -
N/A
Cer1Qythatthelluildk- Permh has not been Au�ofratRiegtf�YNtsaea'oertb$
Ifthhhapetidon for personal propertytax abatement. has
No
Me 7 been Installed -
site ofproJectin dogarsJ I _ receved? I - -_ _ Indkaa _.. fw _. .......,..,,a w...w.�vm .,neramevawe warryegnipmtihthNnp
ffiaprolec? purchased from Old Of state krthe project?
-B (oQ Or t)00
rumra. aencm ucm:- .: .
Information is required on both the construction companies and the
companies which will provide materials purchased for this project. -
Please complete the table below with the appropriate information. if Qualify Famed Points
you qualify for the points, Iyes or No,
.please enter the full of
points.
-
Available Points .
1
Construction Related (Conte 1•
A. " Employ Local Companies (75%) -;'
20
B.
Purchase Materials from Local Companies (75%)
20
C. -.
Require Employees. vs. Independent Contractors-
19
D.
Require Prevailing Wage (Davis Bacon)
22
E.
Require Heal Benefits
22
F.
Require Pension Benefits
18
G.
IMaintaln Affirmative Action Plan - - -
20
Subtotal Comtruction Related::
0
141
2
Wage & Benefit Related (Owned:
A.
Pay Target Wage Levels -
Yes 33
33
B.
Provide Health Benefits
Yes 34
34
C.
Provide Pension Benefits ` -
Yes 29
29
D.
Provide Training
Yes 28
28
E.
Provide Child Care -
15
F. -
Provide Transportation Assistance
14
G. -
Provide Employer Assisted Housing program
9
Sub-total Wage & Benefit Related:
124
162
3
-
- Worirforce Related:
A.
Create New Jobs
Yes
42
e.:.
Retain ExistingJobs
Yes
41
C.
Maintain Affirmative Action Plan
Yes E35
35
D.
Provide Targeted Hiring Preference -
34
Sob -total Workforce Related:
152
4
Support a Municipal Facil ft -
A. Support a 5B Munidpal Fadllty (donations to the
IzOO, conservatory, museum, etc.)
84
of FaUlity -
Subtotal Nit Faduty:
84
Sub -total from Above: _
242
539
The undersigned owner(s) of real property, located within the City of South Bend, herby petition the Common Council of nd
the City
of South Bend for a real and /or personal property tax abatement consideration and pursuant to I.C., 6-1.1- 12.1 -1, et sea., a
South Bend Municipal Code Sec. 2 -76 et ligg, for this petition state the above.
What is the currentassessed value?
Real Property:
a9•�j0/`�'
Personal Property:
S /-J7 S//O
7
What is the projected assessed value? Real. Property: Personal Property:
What is the tax key numberfor this pioject7 O 307 pO/
•7. c0V
What is the six digit NAla Code?
Please attach a Google map and street view of the location.
Please list the amount of realandpersonal propirtytaxes
paid for the last five: years when applicable.
Real Property Taxes::
Personal Property Taxes:
Year One. °70
/3.9ap
%p /� /• //O
YearTwo
L/(X7o/•!�O
0Ca
YearThree
L/g'O B, oZB
/y
(pJ ��. 3Q
Year Fbur ".
; �1 O7 O/
oaCO3(0�/ /tp
6,60,5-,7q
Year Five "
/l
.5�8
7 7o�.J..30
oC
Staff Use Please fill out the Public Benefit Summary Only
YocN Points Points
Public Benefit Item:_.
-
5
Redevelopa SRethat has Special Needs,
49
ij
Develop Based on Local University Research
35
Achieve a PhysicalElementofa Plan
36
Sub -total Project Related: --
0
6
Super
Size Projects (point values are cunmdatiyei:
A.100
%to 199%-
B.
20M% to 299%
ffi210
30o%to399 % -- --
D.
400 % and Over
Sub- totalSuper Size - Projects:
0
' 7
Pay for Municipal Infrastructure:
A.
Pay.for OVerslzing!or Upgrading -_
14
B.
Pay for 26-50% of Extension Cost rt
26
C.
P'ay for 51 75 %of Extension C(*.
39
D.
Pay for 76 -160% of Extension Cost
52
Suh'total IMrastrocture Related:
0 131
Total from Applicant Section:
0 aqj
539
- To[al from Staff Section:
0
461
Total Public benefit Points: - -
0 a va
1000
5/1812015
325 S Walnut St- Google Maps
325 S Walnut S( South Bend. IN 46601
Old Landmark
-
aB M. Snack Shack'
De
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STATEMENT OF BENEFITS MAY 1 2 2015
PERSONAL PROPERTY FORM SB -1 / PP
- Slate Form 51764 (R2 / 12 -11) e
Prescribed by the Department of Local Government Financ JOHN V00fi 1E
CITY CLERK, SOUTH SEND, IN PRIVACY NOTICE
---. -+ Te wstandany spaclBc individual's
as intonnotion is confldenti'a the
la he firing is publfc record
INSTRUCTIONS: C -1.1- 12.15.1 (c end d).
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires
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 BEFOREe person installs the new manufacturing equipment and/orresearch and deve /opmentequipment and/orlogistcal distribution
equipment and/or information technology equipment for which the person wishes to claim a deduction. Projects "planned or committed to after July 1, 1987,
and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1)
2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to Installation of the new manufacturing equipment
and/or research and development equipment and/orlogistical distribution equipment and /orinformation technology equipment, BEFOREa deduction may
be approved
3. To obtain a deduction, a person must rile a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form
103 -ERA) with the township assessor of the township where the properly is situated or with the county assessor if there lane township assessor for the
township. The 103 -ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and /orresearch and
development equipment and /or logistical distribution equipment and /or information technology equipment is installed and fully functional, unless a filing
extension has been obtained. A person who obtains a filing extension must file the form between March f and the extended due date of that year.
4- Property owners whose Statement of Benefits was approved after June 3o, 1991
Statement of Benefits. (IC 64,1- 12.1 -5.6) , must submit Form CF-1 / PP annually to show compliance with the
5. The schedules established under IC 6.1.1- 12.1- 4.5(d) and (e) apply to equipment installed after March 1, 2001, unless an alternative deduction schedule fs
adopted by the designating body (IC 6-1.1- 12.1 -17).
. of taxpayer
bin. Incorporated
wa�nuta �a ouftemne afrJUl(eat city. state, and ZIP code)
of contact person
chalak
of designating body
Dilt, Inwrporsted
m of property
Nalout St.
iption of manufacturing equipment and /or research
logistical distribution equipment and /or information tecl
tools: Turret Lathe and Swissetyle lathes- mul"pindle, multia68, Machining Center -5 axis milling
number (s)
Joseph I ul-ur taxing Minot number
START DATE COMPL
Manufacturing Equipment 611/15 12/31/15
R & D Equipment
Logisl Dist Equipment
IT Equipment
rage 1 014
NOTE; Pursuant to IC 6 -1.1- 12.1.5.1 ( d ) () 2 the
MANUFACTURING
R 8 D EQUIPMENT
LOGIST DIST
COST of the property is confidential.
EQUIPMENT
EQUIPMENT
IT EQUIPMENT
COST ASSESSED
VALUE
COST ASSESSED
VALUE
COST ASSESSED
COST ASSESSED
Current values
615176
VALUE
VALUE
Plus estimated values of proposed project
Less values of any property being replaced
o
Net estimated values upon completion of project
S (,
•. ..
rage 1 014
(� - � I I �r-_3 �
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN
THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
106 -110 North Main St., South Bend, IN 46601
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
(10) TEN -YEAR REAL PROPERTY TAX ABATEMENT FOR
Historic JMS Building, LLC
WHEREAS, a petition for real property tax abatement consideration has been filed with
the City Clerk for consideration by the Common Council of the City of South Bend, Indiana,
requesting that the area commonly known as 106 -110 North Main St., South Bend, IN 46601 and
which is more particularly described as:
Key Number 018 - 1008 -0330 — Lot 21 Ex 5' N End & Ex 26' E Side Original Plat 99 -010 Split
to 033003 Trans 9773 10 -7 -98
Key Number 018 - 1008 - 033003 — 20.33' X 70' Nw Cor Lot 20 Original Plat 99 -00 Split Fr 0330
Per 9773 10 -7 -8
Key Number 018 - 1008 -0331 - LOT 20 8X40 FT S SIDE OF 40 FT X 18 FT NE COR & MID PT
N END LOTS 19 &20 62 112 FT ON WASH ST X 1112-3 FT DEEP 0 P SO BEND
be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1-
12.1 et M., and South Bend Municipal Code Sections 2 -76 et seq., and;
WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes
in the final legal description and to report the final, appropriate Key Number to the Department of
Community Investment and to the Office of the City Clerk; and
WHEREAS, the Department of Community Investment has concluded an investigation and
prepared a report with information sufficient for the Common Council to determine that the area
qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et seg., and South
Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the
boundaries and such other information regarding the area in question as required by law; and
WHEREAS, the Community Investment Committee of the Common Council has reviewed
said report and recommended to the Common Council that the area qualifies as an Economic
Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the Petition for Real Property
Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the
requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds the following:
A. That the description of the proposed redevelopment or rehabilitation meets the
applicable standards for such development;
B. That the estimate of the value of the redevelopment or rehabilitation is reasonable
for projects of this nature;
C. That the estimate of the number of individuals who will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to result from the
proposed described redevelopment or rehabilitation;
D. That the estimate of the annual salaries of those individuals who will be employed
or whose employment will be retained by the Petitioner can be reasonably expected to result from
the proposed redevelopment or rehabilitation;
E. That the other benefits about which information was requested are benefits that can
be reasonably expected to result from the proposed described redevelopment or rehabilitation; and
F. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3.
SECTION III. The Common Council hereby determines and finds that the proposed described
redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the
Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement
Consideration and the Memorandum of Agreement between the Petitioner and the City of South
Bend, and that the Statement of Benefits form completed by the petitioner, said form being
prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under
Indiana Code § 6 -1.1- 12.1 -3.
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.
PRESENTED
•
SECTION VI. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of (10) ten years as shown by the attachment
pursuant to Indiana Code 6 -1.1- 12.1 -17.
SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana
Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration.
SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Member of the Common Council
m.3 E . ol-, ' to pmMe an
op MV, fez tZark:g am
VYdR Wel bl/at'Yai i.FiA 'e'.3E�, ls:+'oe? ✓J
Filed in Office
CITY CLM:,,
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
May 19, 2015
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
PHONE: 574/235 -9371
FAx:574/235 -9021
RE: Real Property Tax Abatement Petition for: Historic JMS Building, LLC
Dear Council Member Ferlic:
Please find the attached information pertaining to a real property tax abatement petition for
Historic JMS Building, LLC's downtown renovation:
➢ Department of Community Investment's summary report
➢ Copy of the petition
➢ Statement of Benefits form
➢ Supporting information.
The report contains the Department's findings relative to the above petition. The total cost
for the construction is estimated at $7,600,000. The project meets the qualifications for a
(10) ten year real property tax abatement and a representative from Historic JMS Building
LLC will be available to meet with the Committee on Tuesday, May 26, 2015.
Should you or any of the other Council members have any questions concerning the report,
or need additional information, please feel free to call me at 235 -9339.
Sincerely,
-5 / 2A�—
Brock Zeeb
Director Economic Resources
Attachments
cc: South Bend Common Council Members
Mayor Pete Buttigieg
Scott Ford
Chris Fielding
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
11TIN KAM PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: BROCK ZEEB
SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR:
Historic JMS Building, LLC
DATE: May 20, 2015
On Wednesday, May 13, 2015, a petition from Historic JMS Building, LLC was received
and subsequently filed with the City Clerk for real property tax abatement consideration
for property to be located at 106 -110 North Main St., South Bend, IN 46601. Pursuant to
Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this
petition was referred to the Department of Community Investment for purposes of
investigation and preparation of a report determining whether the area qualifies as an
Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning
requirements have been met.
The Department of Community Investment has reviewed the petition (a copy of which is
attached), investigated the area, and makes the following report.
PROJECT SUMMARY
➢ Renovate and reposition the primary office structure into a mixed use commercial
retail and multi - family property.
➢ $7,600,000 investment in building renovation
➢ Total project taxes during ten year abatement period — $2,751,039
➢ Estimated taxes being abated during ten year abatement period — $629,641
➢ Total taxes to be paid during ten year abatement period — $2,121,398
EMPLOYMENTIMPACT
Per the petition, it is estimated that the total project will:
➢ Create 8 permanent, full-time and zero (0) permanent, part-time jobs within the
first year, representing a new annual payroll of $166,400
➢ Retain 0 permanent, full -time jobs with an annual payroll of $0
➢ Create 8 permanent, full -time and zero (0) permanent, part-time jobs, representing
a total payroll of $1,664,000 over the life of the abatement
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
Jim KAIN PAMELA C. METER CBRIS FIELDING BROCK ZEEB
ABATEMENT QUALIFICATION
A review of the tax abatements previously granted, finds that the petitioner has not
been granted or associated with any previous abatements. The sponsor of the project,
Great Lakes Capital, has been granted or associated with previous abatements.
2. The Building Commissioner has reviewed the petition and finds the property to be
properly zoned for the proposed project.
A review of the South Bend Redevelopment designation areas finds that the property
is located in the River West Development Area.
4. Per the Economic Development Commission (EDC), this project is identified and
recommended as a target area.
4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner
meets the qualifications for a (10) ten -year real property tax abatement under section
2 -84.2, Real Property Tax Abatement.
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City of South Bend
ffiecomeakwart
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Minis JMS Historic Building Res
nryleprad vdlbSarrahryM Historic JMS Building C (filing ng ( g Pending)
u� �DtidD re
Limited Liability Company
riNpwatidta
wwe- gresfakescapital.com developer /sponsor"lisite
'fled d€ ' ° x ": °' Office
f',A`i 14 40 15
CITY CLERK, MOUTH BEND, IN
Bradley Toothaker
gt PCTIP
.w
L �
14 I•w
1111165
Historic JMS Building LLC
under contract for sale
Director
574.251.4400
bctooUakar�grea5ekescapkel.com
Partner
btopthaken0greatlakescapital.com
Great Lakes Capital, based in South Send, IN, as sponsor of the project, is a real estate private equity firm engaged in the
development of a diverse portfolio of real estate assets. The Historic JMS Building LLC was fomrotl to purchase, renovate
and reposition the primarily office structure into a mixed use commercial retail and muPo family property.
Currently, the property is In poor condition and auffem from a large amount of obsolescence and extensive deferred
maintenance. In addition, the building is over 75% vaunt and in need of extensive renovation in order to become
economically viable.
The JMS building is a historically significant landmark building (listed on tha National Historic Register), constructed in 1909
by John M. Studebaker, President of the former Studebaker Corporation. The budding In a beautiful eight S story stucure .
believed to be the very first 100% concrete super structure built in dwmtown South Send. In addition, the building's elegant
Terre Colts exterior is one of only 2 remaining downtown structures with Terre Coda exteriors and the only such multi story
building of its style and type.
Beyond the historical significance, restoration of the JMS building will add a great deal of notoriety and affirmation to the
evolving redevelopment efforts In downtown South Bond. As such, this renewal effort will serve as a comerstone project
signxtcantly contributing to the vitality of the downtown core area.
106.110 North Main St
nP
South Band, IN 46601
seeafeApproximately
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0.4 acres
rsfeet offasNNy
Approximately 65,000 sq ft
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Bryse Toolhaker
112West Jefferson Blvd,
tY :sty ziP _,
South een4 1N 46601
'fled d€ ' ° x ": °' Office
f',A`i 14 40 15
CITY CLERK, MOUTH BEND, IN
Bradley Toothaker
gt PCTIP
.w
L �
14 I•w
1111165
Historic JMS Building LLC
under contract for sale
Director
574.251.4400
bctooUakar�grea5ekescapkel.com
Partner
btopthaken0greatlakescapital.com
Great Lakes Capital, based in South Send, IN, as sponsor of the project, is a real estate private equity firm engaged in the
development of a diverse portfolio of real estate assets. The Historic JMS Building LLC was fomrotl to purchase, renovate
and reposition the primarily office structure into a mixed use commercial retail and muPo family property.
Currently, the property is In poor condition and auffem from a large amount of obsolescence and extensive deferred
maintenance. In addition, the building is over 75% vaunt and in need of extensive renovation in order to become
economically viable.
The JMS building is a historically significant landmark building (listed on tha National Historic Register), constructed in 1909
by John M. Studebaker, President of the former Studebaker Corporation. The budding In a beautiful eight S story stucure .
believed to be the very first 100% concrete super structure built in dwmtown South Send. In addition, the building's elegant
Terre Colts exterior is one of only 2 remaining downtown structures with Terre Coda exteriors and the only such multi story
building of its style and type.
Beyond the historical significance, restoration of the JMS building will add a great deal of notoriety and affirmation to the
evolving redevelopment efforts In downtown South Bond. As such, this renewal effort will serve as a comerstone project
signxtcantly contributing to the vitality of the downtown core area.
New Protect Investments
Calendar Year
TOTAL
2015 2016 2017 2018 2019 2020 2021 2022
r_
Full -Time Permanent Indiana - Resident Positions by Calendar Year
Provide hourly wage information for new employees in the following positions.
Please list the number of full time and part time minority and /or female employees for each of
the last three years:
I-OmAlete nelow
Please requested
PublicSoneflt (tern:
Information Is required an both the construction companies and the
companies which will provide materials purchased'for this project.
please complete the table below with the appropriate Information. If Qualify Earned Points Available PalMt
you qualify for the points, please enter the full amount of available (Yee or No)
points.
1
rnnrhr n Related fCOmnctorrl•.
A. Employ Local Companies (75 %)
Y
20
20
B.
Purchase Materials from Local Companies (75 %)
Y
20
20
C.
Require Employees vs. Independent Contractors
Require Prevailing Wage (Davis Bacon)
Y
19
19
D. -
N
22
E.
Require Health Benefits
Y
22
22
F.
Require Pension Benefits
Y to
Sg
G.
Maintain Affirmative Action Plan
Y 20
20
Sub-tobltonstrusuenRelatad:
rte
141
2
woes a.Baneilt Retatad lOameri•
A. Pay Target Wage Levels
Y 33
33
B.
Provide Health Benefits
Y 34
34
C.
Provide Pension Benefits
y Y9
29
D.
Provide Training
Y 28
28
E.
Provide Child Care
N
15
F.
Provide Transportation Assistance
Y 14
14
G. lProvide
Employer Assisted Housing program
N
9
Sub -total Wage & Benefit Retated:
138
162
3
4
WorNe R �.•
Y 42
42
A.
Create New Jobs
8.
Retain Existing Jobs
Y 41
41
C.
Maintain Affirmative Action Plan
Y 35
35
D.
Provide Targeted Hiring Preference
N
34
Sub -total Workforce Related:
Spa MWrido11 Fatlgty
A. Support a SB Municipal Facility (donationt-to the
2oo,wnservatory, museum, etc)
118 152
y 84
84
Name of Facility
Sub4 obl Municipal Fadgty:
184
64
Sub -total from Above.
459
539
W Urraersrgnea ownsels) or rear property, located within the Qty of South Bend, herby petWon the Common Council of the QI
of South Bend for areal and /or personal property tax abatement consideration and pursuant to I.C., &3.3- 32.1 -2, et seu., and
South Bend Muni pal Code 6ea 2 76 at sea. for this petition state the above.
kf" 1 Q Z015�
CITY CLERK, CjtCTi£fpND, IN
Whatls the currentassesse8 vplue2 -
RealP operry
!1A x'100
Persapal Property
.7OrV 01VV..f�,v>1_.
wM1etls the protested assessed vp13e7,
-----
Personal Property
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Please l�st>the amooytP�al antl pers`ohaltpi'opesjyjake3 Real PtopertyTaxes.
Personal PiopErtyTaxes:"
pAd for tieastfiveyrsrwhep applicable .� -
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Please fill out the Public Benefit Summary information
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and add to the total from
above.
3 Y
7
,
,J, FubllcBeneflt item ,.3.,,.;r
'' -5
,�,;;,Q RedeveJopa S�efhat hasSpgci5l :Needs -
49
- B Lev elop Based on[oraj Unwelsty_Rese�ch.s,�;-
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Sub total Protect RejaEed_
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120
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blects fpoidF:values are.�umulatrvel -
;10U9�to
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68
65
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0 a b
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. Pav: foYMUriiEto`a`fAMrastructuiei`s -
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as rucFUre Rela[e -:_
0 131
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r Totalfrom Ayyl(ctS o�yl'` -yy*"
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o a9sC
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7otaLPUbItoB '`.ofn >,
1000
_._.t
kf" 1 Q Z015�
CITY CLERK, CjtCTi£fpND, IN
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STATEMENT OF BENEFITS
REAL ESTATE IMPROVEMENTS
State Form 61767 (R4 12 -13) -
Prescribed by the Department of Local Government Finance
This statement is being completed for real property that qualifies under the following Indiana Code (check one boz):
❑ Redevelopment or rehabilitation of rea( estate improvements (IC 6- 1.1- 12.1 -4)
❑ Residentially distressed area (IC 6 -1.1- 12.14.1)
INSTRUCT IONS:
1. This statement must be submitted 10 the body designating the Economic Revitalization Area priorto the public hearing If the designating body requires
006rm86011 from the applicant in making its decision about whether to designate an Economic Reviteh'zatton Area. Otherwise, this statement must be
submitted to the designating body BEFORE the redevelopment orlahebllftatlon Of Mal property for which the person wishes to claim a deduction.
'Projects "planned or wmmltted to after✓ury 1. 1987, end areas designated after July 1. 1957, require a STATEMENT OF BENEFITS. (IC 61.1.12.1)
2 Approval of the designating body (City Council, Town Board, County Council, eta) must be obtained prior to Initiation of the redevelopment or
rehabllttetion. BEFORE a detlucfbn maybe approved.
3. To o6fain a tletludlon, a Form 322/RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is
made or not leterthan thirty (30) days aRerthe assessment notice is mailed to the property owner flit was mailed aRerApril 10. if the property owner
misses the May f0 deadline in the inRia/ year of occupation. he can apply between March f and May 10 of a subsequent year.
4. Property owners whose Statement of Beneilts was approved after June 30, 1991. must attach a Form CF1/Real Pro perty annually to the application to
5. The arhe u /es ea ebl�shed der lCt6 -1 12 -4( (or rehebilli ted°propeny epp/y to any economic re vitalization areas designated after June 30, 2000,
unless an alternative deduction schedule is adopted by the designating body fIC 6 -1.1- 12.1 -17). The schedu /es eNecthm nrinr m o,A, "
continue to apply to economic revhalizattcn em„�d >�w..a�e.r.._.___ __ ��n
Page 1 of 2
RESOLUTION NO. 6t �' 1T —Jr
Bill No. 15-
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
RECOMMENDING THAT A TALL GRASSIWEED ABATEMENT PILOT PROGRAM FOCUSING ON
PROVIDING VOITTU wrTu xxrr% vnT ,.
, for the past several months, discussions have taken place with members of the City Administration
on needed updates to improve the City's tall grass /weed regulations; and
6*K;_4 those regulations aimed at updating our local procedures are set forth in Bill No. 22 -15 which
received first reading on April 27, 2015, and is scheduled to have a public hearing, review and recommendation
by the Council's Health and Public Safety Committee, as well as the Common Council on May 11, 2015; and
in light of the proposed updates which streamline local regulations and focus on the property owner
who fails to comply with paying the costs, rather than passing the costs of enforcement to the average taxpayer,
there is an opportunity to create a Pilot Program which may provide job opportunities for youth this Summer; and
a Pilot Program under the jurisdiction of the Department of Code Enforcement is potentially
feasible to be in operation from approximately the week of Memorial Day through November 6, 2015; and
fie, the Department of Code Enforcement would work closely with the Law Department so that
qualifying non -profit organizations and LLCs who specialize in life skills training and development of youth ages
14 years of age and older may have the opportunity to learn to safely mow, trim and remove debris from City -
selected locations. Each qualifying non - profit organization and LLC meeting the standards set forth in the City's
request for proposals would further be required to comply with:
• Federal, state and local laws governing youth employment
• Proper required liability insurance and worker's compensation coverage
• Proper thresholds requiring supervision of all youth who are participating
• Proper youth training in all aspects in the proper use, maintenance of all equipment
• Proper youth training in all aspects in the proper use of safety goggles, gloves and other required items
for youth safety and overall public safety
• Provide the Department of Code Enforcement with before and after photos of each property assigned
to be cut on a daily basis where clean -up abatement services by the youth have been provided
C%Cmw5 information on the website for WorkOne Northern Indiana notes that "when you are young, getting
a good job can be a tough process... successful job seekers foster an attitude of life -long learning "; and
9OK;.w, the Bureau of Labor Statistics (BLS) for the U.S. Department of Labor reported that last Summer
"...unemployment among youth rose by 913,000 from April to July 2014...(with] the July 2014 labor force
participation rate for 16 to 24 year old mean being 63.2 percent...' ; and
q the Bureau of Labor Statistics for last Summer also reveal that youth employment rates were only
63.2 % for Whites, 56.2 % for Hispanics, 52.9 % for Blacks, 45.8 % for Asians leaving 3.4 million unemployed
youth in July 2014 as reported in the August 13, 2014 BLS Economic News Release entitled "Employment and
Unemployment Among Youth Summary ".
Pilot Program for Grass/Weeds Abatement Resolution
Page 2
Section I. The South Bend Common Council recognizes that in the publication Youth Unemployment Challenge
and Solutions — What Business Can Do Now, the following factors were identified as to "Why Youth Fare Worse Than
Adults" in the initial workforce entry:
• "A lack of information, networks and connections among youth, especially youth from families lacking
significant social capital.
• A lack of skills relevant to the workplace.
• A lack of experience and credentials that address employers' risk in making hiring commitments.
• A lack of available jobs suited to entry -level skills ", Manpower Group, Youth Unemployment Challenge and
Solutions, pp. 6 -7.
that: Section II. The South Bend Common Council in collaboration with the City Administration recognize
"Young people bring energy, talent and creativity to economies that no -one can afford to squander... What
our young people do today will create the foundations for what our economies will do tomorrow", Youth
Employment: A Global Goal, a National Challenge, ILO 2011; and
"Companies need to `lean forward, 'take a calculated risk, and open their doors to inexperienced young
job candidates... they need to engage their best employees as mentors to young talent ", Manpower Group,
Youth Unemployment Challenge and Solutions, pp. 27.
Section III. The South Bend Common Council hereby authorizes and recommends that in collaboration with the
City Administration that a Tall Grass/Weed Abatement Pilot Program focusing on providing youth with working
opportunities and life skills training and development be implemented by the City of South Bend for the Summer of 2015,
consistent with the guidelines set forth in the Resolution.
Section IV. The Common Council further recommends that the Department of Code Enforcement and any other
City Departments or agencies involved provide periodic updates on the program to the Council's Health and Public Safety
Committee, with such updates suggested to take place in the months of July and November 2015.
Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and
approval by the Mayor.
4\
Tun`�c'�o r,- st District Council Member
South Bend Common Council
Filed in ciprk,s office
hAY - g 2015
JoNkF ? A.v OE
John Voorde, City Clerk 'ITY
RK, SOLMH BEND, IN
Karen L. White, Council Member
South Bend Common Council
Pete Buttigieg, Mayor of South Bend, Indiana
(574) 235 -9321
May 1, 2015
Members of the Common Council
4th Floor County -City Building
South Bend, Indiana 46601
/'qC�
Common Council
City of South Bend Indiana
4th Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 235 -9173 Facsimile
(574)235 -5567 TTY/rDD
Re: Tall Grass/Weed Abatement Pilot Program focusing on Providing Youth with Working Opportunities and
Life Skills Training and Development
Dear Council Members:
As you are well aware, the City of South Bend is challenged each Summer with far too many young people being
unemployed, as well as far too many lots throughout the city have tall grass and weeds.
In the interest of attempting to address each of these growing concerns on a limited basis, we are recommending
that a pilot program be implemented this summer.
We have had ongoing discussions with the City Administration, and Randy Wilkerson, Director of the Department
of Code Enforcement, in particular. Based on those discussions, it is believed that by potentially partnering with
non - profit organizations and LLCs who focus on developing life skills training and development for youth, that
some opportunities may be possible to address both of these concerns in a positive manner. We have filed a copy
of Youth Unemployment Challenge and Solutions — What Business Can Do Now which is referenced in the
attached Resolution with the Office of the City Clerk.
We recommend that this Resolution be sent to the Health and Public Safety Committee for review and
recommendation. We hope that you will join us in attempting to creatively make a positive impact for our youth
while also helping to beautify our city. Thank you.
Most sincerely,
Tim Scott, lCouncil Member
South Bend Common Council
Attachment
Karen L. White, Council Member at Large
South Bend Common Council
cc: Randy Wilkerson, Department of Code Enforcement Executive Director
8-M 1i - �p
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL / JUNK DEALER /
RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2015 PURSUANT TO
SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE
WHEREAS, Section 4 -51 of the South Bend Municipal Code sets forth the
regulations addressing the licensing of scrap metal dealers, junk dealers and recycling
operations; and
WHEREAS, on May 20, 2015 the Ordinance Violation Bureau Clerk provided
written notice to the City Clerk that the following businesses:
C & E Excavating Inc. — 702 Bendix Drive
Gertrude Street Metal Recycling Inc. — 3700 Gertrude St.
Green Tech Recycling — 2500 Green Tech Dr.
Green Tech Transfer & Recycling LLC — 2500 Green Tech Dr.
LKQ Self- Service Auto Parts — 1602 S. Lafayette Blvd.
Treadstone LLC — 445 N. Sheridan St.
US Scrap & Recycling — 1610 Circle Ave.
US Scrap & Recycling — 2014 -2016 W. Washington St.
US Scrap & Recycling Division — 1700 W. Washington St.
US Scrap /South Bend Bailing Division — 1420 S. Walnut St.
have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling
Operations Licenses for the year 2015.
WHEREAS, the license applications for all above - referenced businesses
received favorable recommendations from the Department of Code Enforcement, Police
Department, and the Fire Prevention Bureau.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
Section I. The license applications for the following businesses:
C & E Excavating Inc.- 1702 Bendix Drive
Gertrude Street Metal Recycling Inc. — 3700 Gertrude St.
Green Tech Recycling — 2500 Green Tech Dr.
Green Tech Transfer & Recycling LLC — 2500 Green Tech Dr.
LKQ Self- Service Auto Parts — 1602 S. Lafayette Blvd.
Treadstone LLC — 445 N. Sheridan St.
US Scrap & Recycling — 1610 Circle Ave.
US Scrap & Recycling — 2014 -2016 W. Washington St.
US Scrap & Recycling Division — 1700 W. Washington St.
US Scrap /South Bend Bailing Division — 1420 S. Walnut St.
Are approved in conformity with South Bend Municipal Code Section 4 -51 and based
upon the satisfactory review and inspection of the properties by the Department of Code
Enforcement, Police Department, and the Fire Prevention Bureau as evidenced by the
Ordinance Violation Bureau Clerk's communication to the City Clerk dated May 20,
2015.
Section II. This Resolution shall be in full force and effect from and after its adoption by
the Council and approval by the Mayor.
Member of the Common Council
PRESENTED
NOT APPROVED
(°m xd m
Filed it Iflice
F`, 0 tUI-
CITY CLER f, "S0ujH FEND, IN
Office of the City Clerk
John Voorde, City Clerk
May 20, 2015
Tim Scott, Council President
South Bend Common Council
227 W. Jefferson, Room 455
South Bend, IN 46601
Dear Mr. Scott,
These applications for the operation of Scrap Metal / Junk Dealers / Recycling Operation have
been received. In accordance with the procedure for the renewal of city business licenses these
applications were submitted to the Police Department, Fire Inspection Bureau, and Department
of Code Enforcement for inspection.
The following properties were inspected:
C. & E Excavating Inc. — 702 Bendix Drive
Gertrude Street Metal Recycling Inc. — 3700 Gertrude St.
Green Tech Recycling — 2500 Green Tech Dr.
Green Tech Transfer & Recycling LLC — 2500 Green Tech Dr.
LKQ Self- Service Auto Parts — 1602 S. Lafayette Blvd.
Treadstone LLC — 445 N. Sheridan St.
US Scrap & Recycling — 1610 Circle Ave.
US Scrap & Recycling — 2014 -2016 W. Washington St.
US Scrap & Recycling Division — 1700 W. Washington St.
US Scrap /South Bend Bailing Division — 1420 S. Walnut St.
and have received favorable recommendations regarding police, fire, and code enforcements'
environmental compliance; also for proper maintenance of the premise and area outside the
fence, and the height and condition of the fencing.
Because the applicants have met all of the requirements of the ordinance, the attached resolution
is respectfully submitted for your consideration.
Sincerely,
Emily Sexton
Ordinance Violations Bureau Clerk
filled In Clark's ®ffic
MAY 0 NIS
CITY CLERK, K, 330 T 14 TEPID, IN
RESOLUTION NO.
A RESOLUTION OF THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING RESOLUTION NO. 4339-14 WHICH PROVIDED
PRELIMINARY APPROVAL OF THE ISSUANCE OF BONDS FOR THE
PURPOSE OF PROVIDING CERTAIN ECONOMIC DEVELOPMENT
FACILITIES FOR NOBLE AMERICAS SOUTH BEND ETHANOL, LLC
WHEREAS, the City of South Bend, Indiana (the "City ") is authorized by Indiana
Code 36 -7 -11.9 and 12, as supplemented and amended (the "Act "), to issue revenue bonds for the
financing of economic development facilities, the funds for said financing to be used for the
acquisition, construction, installation and equipping of said facilities; and
WHEREAS, Noble Americas Corp., on behalf of its subsidiary Noble Americas South
Bend Ethanol, LLC, (the "Applicant ") has previously advised the South Bend Economic Development
Commission (the "Commission "), Common Council of the City (the "Common Council ") and the City
that it proposes that the City issue economic development revenue bonds for the purpose of providing
financing for certain economic development facilities consisting of the acquisition, construction,
installation and equipping of, including, but not limited to, grain drying systems, process technology
upgrades, boilers, cooling towers, water treatment, tanks, piping systems, CIP system and any other
facilities and equipment which may be financed through the issuance of economic development
revenue bonds (the "Project ") in conjunction with the Applicant's renovation of the ethanol production
facility located at 3201 West Calvert Street in the City; and
WHEREAS, on April 14, 2014 the Common Council adopted Resolution 4339 -14
entitled "A Resolution of the Common Council of the City of South Bend, Indiana, Providing
Preliminary Approval of the Issuance of Bonds for the Purpose of Providing Certain Economic
Development Facilities for Noble Americas South Bend Ethanol, LLC" (the "Inducement
Resolution "), which resolution provided preliminary approval for the issuance of economic
development revenue bonds of the City in the aggregate principal amount not to exceed $25,000,000
under the Act to finance the acquisition and installation of the Project under a financing agreement
whereby the proceeds of such bonds would be utilized to acquire, construct and install the Project and
the Applicant would make payments sufficient to pay the principal of, premium, if any, and interest on
said bonds; and
WHEREAS, since the adoption of the Inducement Resolution, the cost of the Project
has increased and the Applicant has determined the need exists to increase the expected aggregate
principal amount of the bonds to be issued for the Project as set forth in the Inducement Resolution to
an amount not to exceed $50,000,000; and
WHEREAS, The South Bend Economic Development Commission at its meeting held
May 8, 2015 adopted Resolution No. 2015 -01, a copy of which is attached hereto, recommending that
the Common Council amend its Inducement Resolution No. 4439 -14 to increase the aggregate
principal amount of economic development revenue bonds which may be issued for the Project to an
amount not to exceed $50,000,000;
US.56412924.01
WHEREAS, the Common Council desires to amend the Inducement Resolution to
increase the aggregate principal amount of economic development revenue bonds which may be issued
for the Project to an amount not to exceed $50,000,000;
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council confirms its findings, determinations,
ratifications and confirmations in the Inducement Resolution that the creation and retention of
opportunities for gainful employment and the creation of business opportunities to be achieved by
the Project in the City will be of benefit to the health and general welfare of the citizens of the
City; and that it is in the public interest that this Common Council take such action as it lawfully
may to encourage diversification of industry and promotion of job opportunities in the City.
SECTION II. The Common Council further finds, determines, ratifies and
confirms that the Inducement Resolution (No. 4339 -14) is amended to increase the aggregate
principal amount of economic development revenue bonds which may be issued by the City under
the Act for the Project to an amount not to exceed $50,000,000.00 and that the loan of the proceeds
of such economic development revenue bonds to the Applicant will serve the public purposes
referred to above, in accordance with the Act.
SECTION III. This Resolution does not constitute a binding obligation of the
Commission or the City to issue the bonds, but instead, is a commitment by the City to proceed with
negotiations for the financing described herein with the Applicant and is subject to the adoption of a
bond ordinance by this Common Council in accordance with the provision of the Act.
SECTION IV. The Common Council hereby acknowledges that the remaining terms
and provisions of the Inducement Resolution (No. 4339 -14) remain in full force and effect.
SECTION V. This Resolution shall be in full force and effect upon adoption by the
Common Council and compliance with the procedures required by Indiana Code 36 -4 -6.
•set�r;r
`( APPM lh
tEG
US.56412924.01
COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA
Member of the Common Council
-2-
Filed in Office
F:
20 X515
CITY CLERK, :3C7UfH BEND, IN
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOU1'H BEND, IN 46601 -1$30
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
May 20, 2015
Mr. Tim Scott, President
South Bend Common Council
4`h Floor County -City Building
South Bend IN 46601
Dear President Scott:
PHONE: 574/235 -9371
FAX: 574 /235 -9021
Attached are the forms of Inducement Resolution for consideration by the Economic
Development Commission and the Common Council relating to the Noble Americas
Project. This resolution constitutes the initial action that the EDC and the Council will be
required to take with respect to the proposed financing by Noble Americas. This
resolution indicates that the Company is going to request that the EDC and the Council
give preliminary approval to increase the issuance of revenue bonds. Previously, the EDC
and Common Council approved an aggregate principal amount not to exceed
$25,000,000. This resolution would allow the Company to increase a revenue bond
issuance to an aggregate principal amount not to exceed $50,000,000. The proceeds
would be used for the improvements as described in the resolution and are applicable to
portions of the project at the Ethanol Plant that would qualify for tax- exempt pollution
control facility bond financing.
In order for the Company to qualify for tax - exempt financing, the governmental issuer
must issue revenue bonds and loan the proceeds from the sale of the bonds to the
Company. The City, through Indiana Code 36 -7 -12, would serve as the conduit issuer of
the bonds and loan the proceeds following the issuance thereof to the Company for
expenditure on qualifying project costs. The Company would have sole responsibility for
paying the debt service on the bonds. As evidenced in the resolutions, the City's credit
rating would not be affected by the issuance of these bonds, the City would bear no
responsibility to pay the debt service on the bonds, and in the event of a default by the
Company, and only the Company would bear the risk of that default. Once the issuance
process has been completed, the City would have no involvement with the bonds or the
payment of the debt service on the bonds. Typically, these bonds are secured by a bank
letter of credit in which the bank would make payments on the bonds in the event the
Company failed to do so. At such time, the bank would then seek reimbursement from
the Company under the letter of credit reimbursement agreement. Alternatively, it is
possible these bonds may be purchased directly by a bank which would take security
interests in the Company and/or the project financed.
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITIN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB
0
Should you have any questions regarding the resolution, please do not hesitate to contact me at
574- 235 -9339. Bond Counsel Faegre Baker Daniels will be present to answer additional
questions at the Council Committee meeting on 5/26/2015.
S erl,
7? C
Brock Zeeb
Director of Economic Resources
City of South Bend
Department of Community Investment.
Filed in
M
AAY 2CZO15
�.....`C11v.• slut ��
CITY CLERK, 8OUiF9 WEND, IN
RESOLUTION NO. 2015-01
A RESOLUTION OF THE
SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION
AMENDING RESOLUTION NO. 2014-3 WHICH PROVIDED
PRELIMINARY APPROVAL OF THE ISSUANCE OF BONDS FOR THE
PURPOSE OF FINANCING CERTAIN ECONOMIC DEVELOPMENT
FACILITIES FOR NOBLE AMERICAS SOUTH BEND ETHANOL, LLC
WHEREAS, the South Bend Economic Development Commission (the
"Commission ") is a commission operating and existing under and pursuant to the authority of
Indiana Code 36 -7 -11.9 and 12, as supplemented and amended (the "Act "); and
WHEREAS, the Commission is authorized by the Act to investigate, study, and
survey the need for job opportunities, industrial diversification, water services and pollution
control facilities in the City of South Bend, Indiana (the "City. "), and to recommend action to
improve or promote job opportunities, industrial diversification, water services and the availability
of pollution control facilities in the City; and
WHEREAS, the City may issue revenue bonds pursuant to the Act for the financing
of "economic development facilities" or "pollution control facilities" as each are defined by the
Act, the funds from said financing to be used for the acquisition, renovation, construction,
installation and equipping of said facilities, and said facilities to be either leased to another person
or directly owned by another person; and
WHEREAS, Noble Americas Corp:, on behalf of its subsidiary Noble Americas
South Bend Ethanol, LLC, (the "Applicant ") previously requested that the Commission give
preliminary approval to the issuance of economic development revenue bonds under the Act in an
aggregate principal amount not to exceed $25,000,000 which request includes the financing by the
Applicant of certain economic development facilities consisting of the acquisition, construction,
installation and equipping of, including, but not limited to, grain drying systems, process
technology upgrades, boilers, cooling towers; water treatment, tanks, piping systems, CIP system,
and any other facilities and equipment which may be financed through the issuance of economic
development revenue bonds (the "Project ") in conjunction with the Applicant's renovation of the
ethanol production facility located at 3201 West Calvert Street in the City; and
WHEREAS, on March 21, 2014, the Commission adopted Resolution 2014 -3
entitled "A Resolution of the South Bend Economic Development Commission Providing
Preliminary Approval of the Issuance of Bonds for the Purpose of Financing Certain Economic
Development Facilities for Noble Americas South Bend Ethanol, LLC" (the "Inducement
Resolution'), which resolution provided preliminary approval for the issuance of economic
development revenue bonds of the City in the aggregate principal amount not to exceed
$25,000,000 under the Act to finance the acquisition and installation of the Project under a
financing agreement whereby the proceeds of such bonds would be utilized to acquire, construct
EXHIBIT A
US.56424951.01
and install the Project and the Applicant would make payments sufficient to pay the principal of,
premium, if any, and interest on said bonds; and
WHEREAS, since the adoption of the Inducement Resolution, the cost of the
Project has increased and the Applicant has determined the need exists to increase the expected
aggregate principal amount of the bonds to be issued for the Project as set forth in the Inducement
Resolution to an amount not to exceed $50,000,000; and
WHEREAS, the Commission desires to amend the Inducement Resolution to
increase the aggregate principal amount of economic development revenue bonds which may be
issued for the Project to an amount not to exceed $50,000,000; and
WHEREAS, the Commission has considered a form of amending resolution with
respect to the Project (the "Common Council Amending Resolution ") and has considered
recommending that the Common Council of the City (the "Common Council') adopt a resolution
in substantially such form;
NOW, THEREFORE BE IT RESOLVED, by the South Bend Economic
Development Commission, based upon the evidence submitted and representations made by the
Applicant, as required by the Act, that;
L The Commission confirms the creation of opportunities for gainful
employment and the creation of business opportunities to be achieved by the Project in the City
will be of benefit to the health and general welfare of the citizens of the City, and it is in the public
interest that this Commission take such action as it lawfully may to encourage diversification of
industry and promotion of job opportunities in the City.
2. The Commission amends the Inducement Resolution to increase the amount
of economic development revenue bonds which may be issued by the City under the Act for the
Project to an amount not to exceed $50,000,000 and that the loan of the proceeds of the economic
development revenue bonds to the Applicant will serve the public purposes referred to above, in
accordance with the Act.
3. This resolution does not constitute a binding obligation of the Commission
or the City to issue the bonds, but instead, is a commitment by the Commission to proceed with
negotiations for the financing described herein with the Applicant and is subject to the adoption of
a bond ordinance by the fiscal body of the City in accordance with the provisions of the Act.
4. The Commission hereby approves the form of the Common Council
Amending Resolution and recommends that it be adopted by the Common Council in substantially
the same form as a resolution, and the Commission hereby directs that copies of this resolution,
and the form of the Common Council Amending Resolution be transmitted to the Clerk of the City
for presentation to the Common Council with the recommendation that the Common Council
Amending Resolution be adopted as a resolution.
-2-
US.56424951.01
5. This Resolution shall be in full force and effect from and after the time it
has been adopted by the Commission, and otherwise executed and delivered in accordance with
any and all laws pertaining thereto.
ADOPTED this 8th day of May, 2015.
SOUTH BEND ECONOMIC
DEVELOPMENT COMMISSION
M b o Bend Economic
DGreg Yurgonsff",'Hresident
Member, South Bend Economic
Development Commission
Scott Ford, Secretary
Member, Sou Bend omit
Development Commission
Consuella Hopkins, Vice President
Member, South Bend Economic
Development Commission
Member, South Bend Economic
Development Commission
-3-
US.56424951.01
6\-
1, 00-
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 7, OF THE
SOUTH BEND MUNICIPAL CODE TO DECREASE THE SEWER INSURANCE
PROGRAM DEDUCTIBLE
AND TO MAKE OTHER PROGRAM CHANGES
STATEMENT OF PURPOSE AND INTENT
The City of South Bend (the City) implemented a program for repair of residential utility
customer sewer lines in 1980 (Ordinance No. 6830 -80). This Program covers sewer line breaks
and damage unrelated to poor maintenance. Around 2010 certain administrative changes were
implemented resulting in greater control of the sewer insurance Program's operating costs. After
several years of operating the sewer insurance Program under the new policies which have
reduced overall costs, it is appropriate to amend the South Bend Municipal Code to better serve
sewer insurance customers and decrease their portion of program expenses.
The average cost to the City of a full residential sewer line repair is around $7,000.00 of
which the customer is responsible for $500.00 of such cost. This ordinance will reduce the
customer cost to $250.00. It also provides for replacement in like- condition of the customer's
landscaping and hard surface improvements, as well as sprinkler system repair or replacement,
each and all up to a maximum dollar limit of one thousand dollars ($1,000). Such improvements
were previously the customer's sole responsibility under the Program. This Ordinance enacts the
Municipal Code Amendments necessary to make these changes, and it further clarifies the
residential nature of the Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
Section I. Chapter 17, Article 7, Section 17 -56, subpart (a) shall be amended to read in
its entirety as follows:
Sec. 17 -56. Purpose, assessment of charges for residential customers; deposit in separate
fund.
(a) The sum of one dollar and eighteen cents ($1.18) per month shall be added to sewer
service charges solely for all residential sewer users. • °w".w ar-° nRt industrial Sr hulk wat
^•��s.All sums of money so collected shall be deposited in a separate fund of the Bureau of
Sewers.
Section II. Chapter 17, Article 7, Section 17 -57 shall be amended to add a new sub -part
(c) which shall read in its entirety as follows:
Sec. 17 -57. Definitions.
(c) Residential shall mean single family dwelling units and dwellings containing up to a
maximum of four separate living quarters occupied or intended to be occupied by no more than
four (4) families living independently of each other.
Section III. Chapter 17, Article 7, Section 17 -58 of the South Bend Municipal Code be
and hereby is amended to read in its entirety as follows:
Sec.17 -58. Application of funds.
Funds collected under this article shall be used for the payment of all costs in excess of
five two hundred fifty dollars ($50250.00) which the City declares to be directly attributable to
the repair of a private sewer service. Said costs shall net—include any reasonable charges
associated with the removal or replacement of any trees, shrubbery, plants, lawns, sprinkler
systems, or other similar landscaping features on public or private property; and shall also
include net be responsible for • reasonable expenses incurred in tunneling under and/or
replacing any in similar condition hard surface improvements such as bituminous, concrete, or
brick driveways, patios, sprinkler systems, gas grills, utility lines, r • ndatiens, and an), other
similar surface or subsurface improvements found on public or private property. Said costs shall
also include charges associated with the removal and/or replacement of public streets, curbs and
walks. Excluded from covered costs are expenses for utility lines and foundations which shall be
the sole responsibility of the property owner. Any replacement or repair under this Section shall
be subject to a total cost limit of one thousand dollars ($1,000.00) Repair or replacement of any
and expense. The City shall determine whether the repair or replacement should be done by its
employees or by other contractors.
Section IV. Chapter 17, Article 7, Section 16 -60 of the South Bend Municipal Code be
and hereby is amended to read in its entirety as follows:
Sec.17 -60. Charges to private sewer owner; payment.
(a) The owner of the private residential sewer shall be responsible to pay to the City
of South Bend the first five two hundred fifty dollars ($30250.00) of cost incurred for all work as
allowed under section 17 -58, Application of funds.
(b) Payment shall be due the City of South Bend within three hundred sixty five
"" six months of date of invoice by the Controller of the City of South Bend. Failure to
pay as required herein shall constitute a lien upon the property in favor of the City of South
Bend.
Section V. Chapter 17, Article 7, Section 17 -63 of the South Bend Municipal Code shall
be amended to read in its entirety as follows:
The insurance of repair and/or replacement shall not be in force on any account if the
charge for such insurance is delinquent for one hundred twenty days, but this shall not be
construed to mean that a claimant must be a water utility customer for one hundred twenty dates
prior to date of request for repair to be eligible for the Program.
Section VI. Chapter 17, Article 7, Section 17 -64, sub -part (a) shall be and hereby is
amended to read in its entirety as follows:
(a) The Rear. of ` astewat°- Commissioners Director of Public Works or designee shall
submit to the Common Council of the Municipal City of South Bend a financial statement of the
affairs of this fund on a bi -annual basis, which statement shall show the receipts for the year as
well as all expenditures.
Section V. This Ordinance shall be in full force and effect from and after adoption by the
Common Council and approval by the Mayor.
z
Attest:
City Clerk
Member, South Bend Common Council
5 �
,,�
,•�� wd
owe ""`
cad l ul U;a I=
Presented by me to the Mayor of the City of South Bend, Indiana on the
of 2014, at o'clock . m.
Approved and signed by me on the
at o'clock . M.
t st READING 5�'��
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
City Clerk
day of
2014,
Mayor, City of South Bend, Indiana
Filed in
90 � 0 1 5..._
JC
day
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF PUBLIC WORKS
May 20, 2015
Mr. Tim Scott
President, South Bend Common Council
4t^ Floor, County -City Building
South Bend, IN 46601
Re: Ordinance Amendment to South Bend Municipal Code Chapter 17, Article 7, Lowering the Sewer
Insurance Program Deductible and other Program Changes
Dear President Scott:
The City has implemented new policies and procedures for administering the Sewer Insurance Program.
These changes have allowed the City to decrease their operating expenses and manage the program
with a net income over the past few years, and a fund balance has accrued in the Sewer Insurance Fund.
As such, it is appropriate to amend the Municipal Code to decrease the portion of program expenses
allocated to the sewer insurance customers.
The ordinance revisions recommend reducing the customer deductible from $500 to $250 for each
occurrence of a covered sewer line repair. In addition, the revisions allow the City to cover the in -kind
replacement of landscaping, sprinklers, and hard surface improvements that are impacted as a result of
making the sewer repair, up to a maximum dollar limit of $1,000. These costs were previously the
customer's sole responsibility.
Either Dr. Boyles or I will present this ordinance at the Council's Committee meeting and at the public
hearing. If you have any further questions or need additional information, please let me know.
As always, thank you for your consideration.
Sincerely,
Eric C. Horvath
City of South Bend
Executive Director Public Works
i
i
�Pl j,
106
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING SECTIONS OF CHAPTER 16, ARTICLES 2 AND 4 OF THE
SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL
SOLELY FROM CITY FURNISHED CONTAINERS
STATEMENT OF PURPOSE AND INTENT
For reasons of environmental stewardship and heightened state and federal regulation,
the City of South Bend (the City), in 2013, amended Chapter 16 Article 2 to prohibit use of
plastic bags to contain yard waste materials for City removal (Ordinance # 10270 -13). At that
time, the City introduced voluntary use of 95 gallon yard waste containers furnished by the City
as a receptacle for yard waste materials to be removed by the City
The City Division of Organic Waste (the Division) has been reviewing the costs
associated with yard waste removal, particularly the cost difference between removal from City
furnished containers and removal from paper bags or non - bagged bundles. The Division has
determined that it is not economically feasible for the City to continue removing yard waste
which is not contained within City- issued yard waste containers.
This ordinance limits the City's removal of yard waste materials to those which are
placed in City- issued yard waste containers and which are rented annually for Sixteen Dollars
($16.00) from the City and payable at a fixed monthly rate of $2.00 during the period from April
through November. The provisions of this ordinance will take effect in calendar year 2016, and
those residents who were not previously issued such containers shall have until February 1, 2016
to request a container. As of April 1, 2016, no yard waste shall be removed from property during
City yard waste pick -up and removal which is not contained within a City yard waste container.
To effectuate this change in practice it is necessary to amend the South Bend Municipal
Code at Chapter 16, Article 2, Section 16 -8 (f) and (g) and at Article 4, Section 16 -28 . This
Ordinance enacts those Municipal Code Amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
Section I. Chapter 16, Article 2, Section 16 -8(f) of the South Bend Municipal Code shall
be and hereby is amended to read in its entirety as follows:
Sec.16 -8. Use of City- furnished refuse containers required; disabled customer
exception; nonrecurring charge for new users; separation of yard waste; and
required use of City- furnished yard waste containers
(f) Yard waste as defined herein, shall be collected by the City on a weekly basis for
disposal and recycling at the City's Organic Resource Facility. Each owner, occupant
or lessee of any single or multifamily dwelling shall separate and keep separate any
yard waste from the remainder of the residential refuse for collection. As of April 1,
2016 Yyard waste shall not be placed in plastic bags for collection. Such yard waste
shall be placed solely in containers leased from the Citv in Yaps- or other
biodegradable b.^.gs, othe^^ -rs either furnished by the
lessee, or leased from the `':ty, neatly deposited in the tree lairs}, and Aram be
segregated Ifom any trash or garbage. However, special nick up may be scheduled for
any Ttree limbs and brush of a diameter of less than four (4) inches which shall be
bundled together in lengths of forty -eight (48) inches or less,- or for Ttree limbs and
brush in excess of these dimensions, or for large quantities of yard waste, excludine
tree limbs in excess of six inches in diameter and stumps may be sehedulcd ---
sp ialpiek-up. Nothing in this section shall prohibit any person from recycling yard
wastes on their own property for their own use or from giving such yard waste to
another for recycling or use; provided, however, that such recycling neither creates a
public nuisance nor is otherwise injurious to the public health, welfare or safety.
Nothing in this section shall be construed to prohibit the deposit of leaves in a neat
and careful manner in the tree lawn or any street in the autumn during the period
designated by the Department of Public Works for collection.
Section II. Chapter 16, Article 2, Section 16 -8 (g) shall be and hereby is amended to
read in its entirety as follows:
(g) Commencing January 1, 2016 Tthe owner, occupant or lessee of any single or
multifamily dwelling who desires City service of weekly yard waste nick up and removal
must may lease from the City a yard waste container with capacity for ninety -five (95)
gallons of yard waste. The lease rate shall be two dollars ($2.00) per month for the
months of April through November, or Sixteen Dollars ($16.00) per year. Should such
container become substantially damaged or otherwise incapable of effective use through
no fault of the City, the lessee shall may be responsible for the replacement of the
container at actual cost.
Section III. Chapter 16, Article 4, Section 16 -28 of the South Bend Municipal Code
shall be and hereby is amended to read in its entirety as follows:
Sec.16 -28. Separation of yard waste from trash and garbage; tree limbs.
All generators, handlers, collectors and haulers of yard waste shall handle such waste in
a manner so as to assure that yard waste will not be co- mingled with trash and garbage.
Yard waste shall not be delivered to the Organic Resource Facility in plastic bags. It
shall be delivered either in paper or other biodegradable bags, in a loose condition or in
a container furnished by the customer, °" "p t
peands. The 35 Pound weight li it li n + i J J if a waste is delivered
rnntainef !eased F h Git.. as provided in See fi,,._ 16 8(g) of this Artiele; provided,
t nNo matter how yard waste is delivered, all brush and tree limbs shall be
cut in lengths not to exceed forty -eight (48) inches and shall be bundled. The Organic
Facility cannot process and will not accept tree limbs in excess of six (6) inches in
diameter or stumps. These item ina), be disposed of by landfill or any ether +- p '
maaneF.
Section IV. This Ordinance shall be in full force and effect on January 1, 2016
conditioned upon adoption by the Council and approval by the Mayor.
Member, South Bend Common Council
Attest: u-m t, fir g wI'IA3 Msft mid
Cmd aftl C-1 U'S Lam
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day
of
2_, at o'clock . M.
Approved and signed by me on the
o'clock . m.
t st READING
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
%ASSED
City Clerk
day of
2 , at
Mayor, City of South Bend, Indiana
Filed FY s ,PAF 9 Office
r" f c 0 201
C1YY CL.EFiK 500 Pk LsEND, 9N
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF PUBLIC WORKS
May 20, 2015
Mr. Tim Scott
President, South Bend Common Council
41h Floor, County -City Building
South Bend, IN 46601
Re: Ordinance Amendment to South Bend Municipal Code Chapter 16, Articles 2 and 4, Regarding
Provisions for the Removal of Yard Waste from City Furnished Containers
Dear President Scott
In 2013, the City amended the yard waste ordinance to prohibit the use of plastic bags that contain yard
waste materials. This allowed the City to collect uncontaminated, plastic -free yard waste for processing
at the Organic Resources facility for the first time in the City's history. Subsequently, the City has moved
approximately 100,000 cubic yards of plastic contaminated material from the Organic Resources facility
to the landfill over the past two years to comply with requirements from the Indiana Department of
Environmental Management.
At the same time, the City introduced the voluntary use of 95 gallon yard waste containers furnished by
the City as receptacles for yard waste to be collected from residential properties. The City issued yard
waste containers are rented annually for $16.00 or about $.50 per week during the months of April
through November. Since that time, the City has been reviewing the costs associated with the yard
waste removal and has determined that there is a significant cost difference between the collection of
yard waste in City furnished containers and the collection in paper bags, residential containers, or non -
bagged bundles. It has been determined that it is not economically feasible for the City to continue
removing yard waste which is not contained within the City furnished yard waste containers.
This ordinance recommends limiting the collection and removal of weekly residential yard waste
materials to those placed in City furnished yard waste containers. Residents would have until February
1, 2016 to request a container for an April 1, 2016 effective date. After April 1, no yard waste shall be
removed from property as apart of the weekly collection unless contained within a City furnished
container. However, the City would still have provisions for a one -time per month special pick -up
collection of yard waste that would not be limited to the City furnished yard waste containers, and the
City would still run its annual Spring and Fall Curbside Re -Leaf programs.
J
Mr. Tim Scott
Yard Waste
May 20, 2015
Page Two
Either Dr. Boyles or I will present this ordinance at the Council's Committee meeting and at the public
hearing. If you have any further questions or need additional information, please let me know.
As always, thank you for your consideration.
Si %i nc�ere�ly,
Z
Eric C. Horvath
City of South Bend
Executive Director Public Works
Office
i
7
r
2015
i7F UL n a �Ui1T6fi ISENO, IN
�'jJl A- z� -IS-
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING CHAPTER 16, SECTIONS 16 -6 and 16 -8 OF THE SOUTH
BEND MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION AND
DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS
STATEMENT OF PURPOSE AND INTENT
The charges for collection and disposal of refuse (solid waste) materials within the City
of South Bend have not increased since 2008 (Ordinance No. 9861 -8, passed August 25, 2008).
Over the past several years the costs to the City for this collection and disposal process have
risen, including the salaries and wages of personnel, the cost of technically advanced trucks and
other equipment, and the costs of fuel and other overhead expenses of processing. At this time
an adjustment in the fees charged for collection and disposal of solid waste is necessary to cover
the basic costs of the service.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA as follows:
SECTION 1. Chapter 16, Article 2, Section 16 -6, subsection (c) is hereby amended to
delete in full sub -parts (1) through (5) inclusive, which subparts shall be replaced with the
following schedule of rates:
(1) Rates and Charges
MONTHLY RATES
Within City of South Bend Limits:
Family Dwellings:
One — family dwelling
Two - family dwelling **
Three- Family dwelling **
Four Family Dwelling **
Seniorrate * **
Commercial
Outside City of South Bend Limits:
Residential
Residential Senior * **
Additional Trash Container (per container)
2015
2016*
$11.52
(1)
$12.48
18.06
(1)
19.57
24.61
(1)
26.66
31.16
(1)
33.76
6.91
(1)
7.49
13.82
16.22
13.82 16.22
8.64 9.36
6.55 7.09
Yard Waste Bin * * ** 16.00 16.00
* Until Further Amended.
** With one water meter.
** * Where the head of the household has submitted to the Board of Public Works proof of age
sixty five (65) or older.
* * ** Annual Charge for 8 months of the year.
SECTION II. The remaining subparts numbered (6) through (8) of Chapter 16, Article
2, Section 16 -6(c) shall be renumbered as subparts (2) through (4) respectively.
SECTION III. Subpart 9 of Chapter 16, Article 2, Section 16 -6(c) shall be deleted in its
entirety.
SECTION IV. Chapter 16, Article 2, Section 16 -8, subsection (a) and (d) are hereby
amended to read as follows:
(a) Each single- family, two - family, three - family and four - family dwelling shall be provided by
the City with one (1) solid waste container for each family unit. It shall be the duty of the
dwelling occupant to keep the cover of this container tightly fitted when refuse is contained
in the container, and to remove the container from the collection site promptly after
collection by the City and no later than twenty -four (24) hours thereafter. No container
other than the one provided by the City shall be used for solid waste removal, and all refuse
must be placed in the container and moved to the place of pickup by 6:00 a.m. on the
designated collection date. Should the solid waste refuse of a dwelling habitually exceed the
Emits of the furnished solid waste container, the City may require the dwelling occupant to
use a second City- furnished container or the dwelling unit occupant may choose to use a
second City furnished container at an additional charge of five- del3ats -- 0) six dollars
and fifty-five cents ($6.55) per month in 2015), and seven dollars and nine cents a7.02)
per month (in 2016 and thereafter) on a mandatory year to year basis as provided in
subsection (d) of this section.
(d) The initial container furnished to owners, agents or occupants of dwellings as provided in
this section shall be free of charge. New or subsequent dwelling owners, agents or
occupants, shall pay an initial nonrecurring service fee of ten dollars ($10.00) to cover the
City's administrative cost of delivery and furnishing the refuse container. Should a container
become substantially damaged or otherwise incapable of effective use through no fault of
the City, a new container may be provided at actual cost. Any dwelling unit using more than
one (1) refuse container or habitually having refuse exceeding capacity of the furnished
container shall lease a second container for a year to year term at the lease rate of five flellsrs
{$5:00) six dollars and fifty five cents ($6.55) per month (in 2015), and seven dollars and
nine cents ($7.09Lper month (in 2016 and thereafter).
SECTION V. The effective date of this ordinance shall be August 1, 2015 after passage
by the Common Council, approval of the Mayor, and publication pursuant to law.
'` --
Member, South Bend Common Council
tits � : L J 1 ✓ U]
ppqq,,���,,M Ft:��'2 .6 y�,.i d5a.s''appfis 5i 3w.
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
of
2, at o'clock . M.
Approved and signed by me on the
M.
tst READING
PUBLIC HEARING
9 rd READING
NOT APPROVED
REFERRED
PASSED
City Clerk
day of
day
2_, at _o'clock
Mayor, City of South Bend, Indiana
Filed in Cl .
mru YZ015V`.:.
Orfd CLE FJn , tsUUM VEND, IN
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF PUBLIC WORKS
May 20, 2015
Mr. Tim Scott
President, South Bend Common Council
4'h Floor, County -City Building
South Bend, IN 46601
Re: Ordinance Amendment to South Bend Municipal Code Chapter 16, Article 2, Sections 16 -6 and
16 -8 Regarding Fees for City Collection and Disposal of Solid Waste Materials
Dear President Scott:
Last year during the budget process, it was identified that the ongoing fees charged for the collection
and disposal of solid waste needed adjusted in order to cover the basic costs of providing the service.
The costs for personnel salaries, wages and benefits, fuel, tipping fees, new technically advanced trucks
and equipment, maintenance, and overhead have risen since the last increase in 2008. Expenses have
outpaced revenues for the past few years which led to a declining fund balance in the Solid Waste fund.
During the budget process, it was suggested that the fees would need to be increased by approximately
$1.00 per month per household in 2015.
The City is recommending that the Council pass a two - tiered fee increase per the attached ordinance for
2015 and 2016. The effective date for the first increase would be August 1, 2015. The recommended
fees would support a more evenly balanced budget and would be competitive with fees in surrounding
communities.
Either Dr. Boyles or I will present this ordinance at the Council's Committee meeting and at the public
hearing. If you have any further questions or need additional information, please let me know.
As always, thank you for your consideration.
Sincerely,
Eric C. Horvath
City of South Bend
Executive Director Public Works
Filed in Clan. �
I
MAY 2G 2 .�
(-� J 1 A- 2- :? -f.Tf
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND
ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN
ECONOMIC DEVELOPMENT TARGET AREA
(JMS Building and Adjacent Parking Lot)
STATEMENT OF PURPOSE AND INTENT
Pursuant to its authority granted by Indiana Code Section 36 -7 -12 et seq., the
South Bend Economic Development Commission (the "Commission "), in furtherance of
economic development within the City of South Bend, Indiana (the "City "), has
investigated, studied and surveyed the need for additional job opportunities within the
City and has made recommendations concerning economic development possibilities
within the City. Based on its investigatory action, studies and surveys, the Commission
has determined that it is necessary to designate a specific geographic area within the City
as an Economic Development Target Area ( "BDTA ") because such area has become
undesirable or impossible for normal development and occupancy due to lack of
development, cessation of growth, deterioration of improvements or character of
occupancy, age, obsolescence, substandard buildings or other factors that have impaired
values or prevented a normal development of property or use of property.
The property known as the JMS Building and adjacent parking lot, located
generally at 108 South Main Street, South Bend, Indiana (the "Property") has become
undesirable or impossible for normal development and occupancy because of a lack of
development, cessation of growth, deterioration of improvements or character of
occupancy, age, obsolescence, substandard buildings, or other factors that have impaired
values or prevented a normal development or use of property. More specifically, 75% of
the Property's space is vacant and the assessed value reflects that it is obsolete.
The Property was added to the National Register of Historic Places on June 5,
1985, with reference number 85001216. Built in 1910, it was considered the first
"modern" office building of South Bend and was named for its developer, John Mohler
Studebaker, former President of the Studebaker Bros. Manufacturing Co., and the last
survivor of the company's founding brothers.
Based upon all of the above facts, the Commission at a regular meeting held on
May 13, 2015 approved Resolution #2015 -02, a true copy of which is attached hereto and
incorporated herein as Exhibit "A." The Resolution designates the Property and its
adjacent parking lot, collectively comprised of parcel numbers 018 -1008 -0331, 018-
1008- 033003 and 018 - 1008 -0330, as an Economic Development Target Area, which
Resolution the South Bend Common Council, as fiscal body for the City, now approves
by enacting this ordinance pursuant to Ind. Code Section 6 -1.1- 12.1 -7(a).
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I.. The South Bend Economic Development Commission's Resolution
No. 2015 -02 adopted on May 13, 2015 attached hereto and incorporated herein as Exhibit
"A" is hereby and in all ways approved.
SECTION II. The Property located at 108 South Main Street in the City of
South Bend, Indiana, comprising parcel numbers 18- 1008 -0331, 18- 1008 - 033003, and
18- 1008 -0330, is hereby designated, determined and declared to be an Economic
Development Target Area pursuant to Ind. Code Section 6- 1.1- 12.1 -7, with all rights and
benefits conferred and authorized by law.
SECTION III. This Ordinance shall be in full force and effect from and after its
passage by the Common Council, and approval by the Mayor.
,Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of
, 2015, at o'clock . m.
City Clerk
Approved and signed by me on the _ day of
o'clock . m.
Mayor, City South Bend, Indiana
I st READING 1-2i6 —{ r
PUBLIC HEARING
Ord READING
NOT APPROVED
REFERRED
PASSED
2015, at
Filed in r.....- ^N -YI sce
,sari VOORDrn
CAS' MEP;-,. SOOTH t END, IN
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
May 20, 2015
Mr. Tim Scott, President
South Bend Common Council
4111 Floor County -City Building
South Bend, IN 46601
RE: Establishing an Economic Development Target Area
JMS Building
Dear President Scott:
PHONE: 574/235 -9371
FAX: 574/235 -9021
Attached for the Common Council's consideration is a proposed ordinance which
approves and adopts a recommendation made by the South Bend Economic Development
Commission establishing an Economic Development Target Area for the parcels known as
the JMS Building (Parcel IDs — 018 - 1008 -0330, 018- 1008 - 033003, 018 - 1008 - 0331).
On June 5, 1985 the property known as the JMS Building was added to the National
Register of Historic Places (reference # 85001216). The property currently sits 75% vacant
and meets Indiana Code section IC 6- 1.1- 12.1 -7 criteria for Economic Target Area
designation.
The South Bend Economic Development Commission, in furtherance of economic
development within the City of South Bend, has investigated, studied and surveyed the need
for additional job opportunities within the City and has made recommendations concerning
economic development possibilities within the City. Based on its investigatory action,
studies and surveys, the Commission has determined that it is necessary to designate the
JMS Building as an Economic Development Target Area which will make the JMS Building
a more attractive investment and facilitate the development and occupancy of the building.
Thank you for your consideration.
Sincerely,
Brock Zeeb
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT
A ['IN KAIN PAMELA CL MFYF.R CHRIS FIELDING
Filed
k ¢(i
^� `J tG a
i s;�,, AV C1 21�
CITY CLER a zou,re : 2, IN
ECONOMIC RESOURCES
B ROCK Z.EEB 1vt
V ,
RESOLUTION NO. 2015-02
A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT
COMMISSION RECOMMENDING THE ESTABLISHMENT OF
AN ECONOMIC DEVELOPMENT TARGET AREA
(JMS Building and adjacent parking lot)
WHEREAS, the South Bend Economic Development Commission (the
"Commission ") exists and operates pursuant to the provisions of Indiana Code § 36 -7 -12, et seq.;
and
WHEREAS, under the authority granted by Indiana Code § 36 -7 -12, et seq., and in
furtherance of economic development in the City of South Bend (the "City "), the Commission
has, through City staff members, investigated, studied, and surveyed the need for additional job
opportunities within the City and has formed recommendations concerning the economic
development possibilities within the City; and
WHEREAS, based upon such assessments and reports by the City staff, the
Commission has determined that it is necessary toAesignate a specific geographic area within the
City as an Economic Development Target Area ( "EDTA ") because such area has become
undesirable or impossible for normal development and occupancy because of a lack of
development, cessation of growth, deterioration of improvements or character of occupancy, age,
obsolescence, substandard buildings, or other factors that have impaired values or prevent a
normal development of property or use of property; and
WHEREAS, on June 5, 1985, the property known as the JMS Building (the
"Property ") was added to the National Register of Historic Places, with reference number
85001216;and
WHEREAS, the Property, including its fagade, roof, internal systems, and
infrastructure beneath the public way, has deteriorated and become obsolete to an extent that it
cannot support normal development and occupancy; and
WHEREAS, approximately 75% of the Property's space is vacant; and
WHEREAS, the assessed value of the Property reflects that it is obsolete; and
WHEREAS, the Commission now desires to recommend to the South Bend Common
Council (the "Council ") the designation of the Property as an EDTA.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Economic
Development Commission that:
1. A favorable recommendation is made to the South Bend Common Council for the
establishment of the Property and its adjacent parking lot, collectively comprised of parcel
1
EXHIBIT A
numbers 018 - 1008 -0331, 018 - 1008 - 033201, 018 - 1008 - 033003, and 018- 1008 -0330, as an
Economic Development Target Area in accordance with Indiana Code § 6 -1.1- 12.1 -7.
ADOPTED at a meeting of the South Bend Economic Development Commission held
at 8:00 a.m. on May 13, 2015, at the County -City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601.
ATTEST:
Si re
Secretary
Prin(ed Name and Tille
South Bend Economic Development
Commission
4000.0000059 65318403.002
CITY OF SOUTH BEND,
DEPARTMENT OF ECONOMIC
DEVELOPMENT
t Signa! e
Gr Jurgonski, President
Primer Name and Tille
South Bend Economic Development Commission .
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
327 W. JEFFERSON BLVD., ROOM I I40 COUNTY CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 ) 235 -9571
Wednesday, May 20, 2015
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of South Bend Public Transportation Corp. to zone from MU Mixed Use District and
MF I Urban Corridor Multifamily District to SF2 Single Family & Two Family District property located at
the intersections ofNorthside Boulevard with Notre Dame Avenue and Frances Street (commonly known as
the TRANSPO Site), City of South Bend - APC# 2735 -15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of South Bend Public Transportation Corp. was legally
advertised on Thursday, March 05, 2015 and that the Area Plan Commission at its public hearing on Tuesday, May
19, 2015 took the following action:
Upon a motion by John DeLee, being seconded by Dan Brewer and unanimously carried, a proposed
ordinance of South Bend Public Transportation Corp. to zone from MU Mixed Use District and MF 1
Urban Corridor Multifamily District to SF2 Single Family & Two Family District property located at the
intersections of Northside Boulevard with Notre Dame Avenue and Frances Street (commonly known as
the TRANSPO Site), City of South Bend, is sent to the Common Council with a FAVORABLE
recommendation. Redevelopment of this site for single family residential will strengthen the existing
Howard Park Neighborhood and address a demand for urban housing as identified by local developers, real
estate professionals, and the Howard Park Neighborhood Plan.
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 ,
Lawrence P. Magliozzi
Attachment
CC: South Bend Public Transportation Corp.
Century Builders
Abonmarche Consultants
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.STI OS EPHCOU NTY I N D I A.A. CO P1/AREA PLAN
Staff Report 5/8/2015
APC # 2735 -15
Owner: South Bend Public Transportation Corp.
Location: the intersections of Northside Boulevard with Notre Dame Avenue and
Frances Street (commonly known as the TRANSPO site)
Jurisdiction: City of South Bend
Public Hearing Date: 4/21/2015
Requested Action:
The petitioner is requesting a zone change from MU Mixed Use District MF 1 Urban
Corridor Multifamily District to SF2 Single Family & Two Family District and seeking
three variances.
Land Uses and Zoning:
On site: On site is vacant land.
North: To the north are single family homes zoned MFl Urban Corridor
Multifamily District and Rose Brick zoned MU Mixed Use.
East: To the east across Frances Street is an industrial building zoned LI Light
Industrial and single family homes zoned SF1 Single Family & Two
Family District.
South: To the south across Northside Boulevard is park property adjacent to the St.
Joseph River zoned MU Mixed Use.
West: To the west across St. Peter Street is an office building zoned MU Mixed
Use and a vacant lot zoned MF 1 Urban Corridor Multifamily District.
District Uses and Development Standards:
The SF2 District is established to protect, promote and maintain the development of single
family dwellings and two family dwellings in the urban core of the City of South Bend as
well as to provide for limited public and institutional uses that are compatible with an
urban residential neighborhood. The availability of public facilities (e.g., public water,
public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for
development within this district.
Site Plan Description:
The area to be rezoned is approximately 9 acres. The development will include a mixture
of single family home types, including townhomes, high density detached homes, and
traditional single family homes on 54 new lots. The petitioner is seeking variances to
allow 15' front yard setbacks and 4' side yard setbacks for parcels A through F. They are
also seeking a variance from the required 40' minimum lot width to 29' for parcels B and F.
Zoning and Land Use History And Trends:
The site has historically been focused around transportation. Originally the trolley barn for
the trolley system, it later became the administration offices and service area for
TRANSPO.
APC # 2735 -15 Page 1 of 3
Staff Report
Traffic and Transportation Considerations:
5/8/2015
Northside Boulevard has two lanes. Wayne Street, Notre Dame Avenue and Frances Street
are two -lane roads with on- street parking. The City is proposing to extend St. Peter south
to intersect with Northside.
Utilities:
The site will be served by municipal water and sewer.
Agency Comments:
The Department of Community Investment offers a favorable recommendation.
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 petition is consistent with City Plan, South Bend Comprehensive Plan (November
2006)
Policy H 1.1: Encourage residential developments to contain a mix of housing types,
densities, price ranges, and amenities.
Land Use Plan:
The future land use map identifies this area as mixed use and high density residential.
Plan Implementation /Other Plans:
The Howard Park Neighborhood Plan (2012) identifies this area as single family
residential.
2. Current Conditions and Character:
The area has a wide mix of uses ranging from single family to industrial typical of an area
that was once bordered by a rail line.
3. Most Desirable Use:
The most desirable use of land is for medium to high density residential.
4. Conservation of Property Values:
Due to the low impact of residential development, surrounding property values should not
be affected.
5. Responsible Development And Growth:
It is responsible development and growth to support the redevelopment of this area with
single family homes, as supported by the Howard Park Neighborhood Plan.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning and 3 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.
APC # 2735 -15 Page 2 of 3
Staff Report
5/8/2015
The petitioner is also requesting the following variances:
1) From the required Minimum Lot Width of 40' to 29' for Parcels B & F;
2) From the required 25' minimum front yard building setback to 15' for Parcels A - F; and
3) From the required minimum side yard of 5' or 10% of lot width, whichever is greater, to
4' for Parcels A - F.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance can be approved.
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community. The project is establishing new lots for residential
development. Many of the lots in the surrounding neighborhood have setbacks consistent
with the proposed development. While the reduced lot widths will increase density, it will
not negatively impact the general welfare of the community because the appropriate
infrastructure is already in place.
(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. The residential development is surrounded
by a mix of uses. The low impact of the development should not affect surrounding
property values.
(3) The strict application of the terms of this Chapter would result in practical difficulties
in the use of the property. The strict application would prevent the development from
instituting a neighborhood layout appropriate to this specific location. It's close proximity
to downtown and the river support the request for a more urban residential pattern.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation. The
staff recommends approval of the variances, subject to the rezoning. .
Analysis:
Redevelopment of this site for single family residential will strengthen the existing
Howard Park Neighborhood and address a demand for urban housing as identified by local
developers, real estate professionals, and the Howard Park Neighborhood Plan.
APC # 2735 -15 Page 3 of 3
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
THE NW CORNER OF NORTHSIDE BLVD, NOTRE DAME AVENUE AND FRANCES STREET
(COMMONLY KNOWN AS TRANSPO SITE),
COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
REZONE THE PROPOSED PARCELS FROM THE CURRENT ZONING OF
MU -MIXED USE DISTRICT AND MF1 -URBAN CORRIDOR MULTIFAMILY DISTRICT TO
SF2 SINGLE FAMILY & TWO FAMILY DISTRICT
IN ORDER TO DEVELOP THE AREA WITH HOUSING IN THE URBAN CORE OF THE CITY OF
SOUTH BEND, AS WELL AS PROVIDE FOR LIMITED PUBLIC AND INSTITUTIONAL USES
THAT ARE COMPATIBLE WITH AN URBAN RESIDENTIAL NEIGHBORHOOD.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana as follows:
SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning
Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning
classification of the following described real estate in the City of South Bend, St. Joseph County, State of
Indiana:
PARCEL I:
A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 37
NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA, AND ALSO BEING KNOWN AS PART OF LOTS 1, 8, 9, 10, 12, 13
AND ALL OF LOTS 2 AND 7 ALEX COQUILLARD'S SECOND ADDITION TO THE CITY
OF SOUTH BEND, AND ALL OF LOTS 341 AND 347 SAMUEL L. COTTRELL'S FIRST
ADDITION TO THE TOWN OF LOWELL, AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF
NOTRE DAME AVENUE AND THE NORTH RIGHT -OF -WAY LINE OF NORTHSIDE
BOULEVARD; THENCE NORTH 62'56'10" WEST ALONG THE SAID NORTH RIGHT -OF-
WAY LINE, 154.71 FEET TO THE PLACE OF BEGINNING; THENCE CONTINUING
NORTH 62056'10" WEST ALONG SAID NORTH RIGHT -OF -WAY LINE 232.20 FEET TO
THE EASTERLY RIGHT -OF -WAY OF ST. PETER STREET; THENCE S00 °02'46 "W,
ALONG SAID EASTERLY RIGHT -OF -WAY 219.23 FEET TO THE SOUTHWEST CORNER
OF LOT 340 IN SAMUEL L. COTTRELL'S ADDITION TO THE TOWN OF LOWELL;
THENCE NORTH 89 °51'00" EAST, 267.32 FEET; THENCE SOUTH 00 °02'18" WEST, 274.70
FEET; THENCE SOUTH 89 °51'00" WEST, 27.50 FEET; THENCE SOUTH 00002'18" WEST.
50.72 FEET TO THE PLACE OF BEGINNING.
PARCEL II:
A PARCEL OF LAND BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF NOTRE
DAME AVENUE WITH THE NORTHERLY RIGHT -OF -WAY LINE OF NORTHSIDE
BOULEVARD; THENCE NORTH 00 °00'00" EAST, ALONG SAID WEST RIGHT -OF -WAY LINE, A
DISTANCE OF 338.36 FEET TO THE PLACE OF BEGINNING FOR THIS DESCRIPTION; THENCE
SOUTH 89 °51'00" WEST, A DISTANCE OF 110.11 FEET; THENCE NORTH 00'02'18" EAST A
DISTANCE OF 57.82; THENCE NORTH 89 °51'00" EAST, A DISTANCE OF 110.07 FEET TO A
POINT ON SAID WEST RIGHT -OF -WAY LINE; THENCE SOUTH 00 °00'00" WEST, ALONG SAID
WEST RIGHT -OF -WAY LINE, A DISTANCE OF 57.82 FEET TO THE PLACE OF BEGINNING.
PARCEL III:
THE EAST PART OF LOTS 1, 8, 9,13 AND 14 TOGETHER WITH THE VACATED ALLEYS
APPURTENANT THERETO AS SHOWN ON THE RECORDED PLAT OF ALEXIS
COQUILLARD'S SECOND ADDITION TO THE CITY OF SOUTH BEND, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND IN THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 37, NORTH, RANGE 2 EAST, CITY OF SOUTH BEND,
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF NOTRE DAME
AVENUE AND THE NORTH RIGHT -OF -WAY LINE OF NORTHSIDE BOULEVARD; THENCE
NORTH 62056'10" WEST, 154.71 FEET ALONG SAID NORTH RIGHT -OF -WAY LINE; THENCE
NORTH 00002'18" EAST 50.72 FEET; THENCE NORTH 89 °51'00" EAST, 27.50 FEET; THENCE
NORTH 00002'18" EAST, 274.70 FEET; THENCE NORTH 89 °51'00" EAST, 110.07 FEET TO THE
WEST RIGHT -OF -WAY LINE OF NOTRE DAME AVENUE; THENCE SOUTH 00 000'00" WEST,
396.18 FEET ALONG SAID RIGHT -OF -WAY LINE TO THE POINT OF BEGINNING, AND
EXCEPTING THEREFROM THE FOLLOWING: A PARCEL OF LAND BEING A PART OF THE
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF
SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE
WEST RIGHT -OF -WAY LINE OF NOTRE DAME AVENUE WITH THE NORTHERLY RIGHT -OF-
WAY LINE OF NORTHSIDE BOULEVARD; THENCE NORTH 00 °00'00" EAST, ALONG SAID
WEST RIGHT -OF WAY LINE OF NORTHSIDE BOULEVARD; THENCE NORTH 00 000'00" EAST,
ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 338.36 FEET TO THE PLACE OF
BEGINNING FOR THIS DESCRIPTION; THENCE SOUTH 89 °51'00" WEST, A DISTANCE OF
110.11 FEET; THENCE NORTH 00'02'1 8' EAST, A DISTANCE OF 57.82 FEET; THENCE NORTH
89 °51'00" EAST, A DISTANCE OF 110.07 FEET TO A POINT ON SAID WEST RIGHT -OF -WAY
LINE; THENCE SOUTH 00 000'00" WEST ALONG SAID WEST RIGHT -OF -WAY LINE, A
DISTANCE OF 57.82 FEET TO THE PLACE OF BEGINNING.
PARCEL IV:
LOTS NUMBERED THREE HUNDRED THIRTY -NINE (339), THREE HUNDRED FORTY (340),
THREE HUNDRED FORTY -FIVE (345), AND THREE HUNDRED FORTY -SIX (346) AS SHOWN
ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S ADDITION TO THE TOWN OF
LOWELL, NOW WITHIN AND A PART OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA, TOGETHER WITH THE VACATED ALLEYS LYING BETWEEN SAID LOTS 339, 340,
345 AND 346.
PARCEL V:
LOTS NUMBERED THREE HUNDRED THIRTY -EIGHT (338), AND THREE HUNDRED FORTY -
FOUR (344) AS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S ADDITION
TO THE TOWN OF LOWELL, NOW WITHIN AND A PART OF THE CITY OF SOUTH BEND, ST.
JOSEPH COUNTY, INDIANA, TOGETHER WITH THE VACATED ALLEYS LYING BETWEEN
SAID LOTS 338 AND 344.
PARCEL VI:
PART OF THE SOUTH HALF (1/2) OF LOT NUMBERED TWENTY -TWO (22) AS SHOWN ON
THE RECORDED PLAT OF COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW
THE CITY OF SOUTH BEND, INDIANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEAST CORNER OF SAID LOT 22; THENCE WEST ALONG THE SOUTH LINE OF SAID
LOT 22, 344.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 22; THENCE NORTH
ALONG THE WEST LINE OF SAID LOT 22 (BEING ALSO THE EAST LINE OF NOTRE DAME
AVENUE), 102.67 FEET; THENCE SOUTHEASTERLY 285.02 FEET TO A POINT THAT IS 59.50
FEET WEST OF THE EAST LINE OF SAID LOT 22; THENCE SOUTH ALONG A LINE 59.50 FEET
WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 22, 59.85 FEET; THENCE EAST A
RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 59.50 FEET TO THE EAST LINE OF SAID
LOT 22; THENCE SOUTH, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, ALONG
THE EAST LINE OF SAID LOT 22 (BEING ALSO THE WEST LINE OF FRANCES STREET), 25.04
FEET TO THE POINT OF BEGINNING.
PARCEL VII:
LOTS NUMBERS TWO (2) THROUGH FIVE (5), SEVEN (7) THROUGH TEN (10), AND TWELVE
(12) THROUGH FIFTEEN (15) AS SHOWN ON THE RECORDED PLAT OF GEORGE BECK'S
FIRST ADDITION TO THE CITY OF SOUTH BEND. ALSO LOTS NUMBERED EIGHTEEN (18)
THROUGH TWENTY (22), TWENTY -THREE (23), TWENTY -FOUR (24), AND TWENTY -SEVEN
(27) AS SHOWN ON THE RECORDED PLAT OF GEORGE BECK'S SECOND ADDITION TO THE
CITY OF SOUTH BEND, TOGETHER WITH THE VACATED ALLEYS LYING BETWEEN SAID
LOTS AND ADJACENT THERETO, AND EXCEPTING THEREFROM THAT PART OF SAID LOTS
ACQUIRED BY THE CITY OF SOUTH BEND FOR NORTHSIDE BOULEVARD FOR STREET
PURPOSES.
Be and the same is hereby established as SF2 Single Family Two Family 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
201 at o'clock m.
Approved and signed by me on the
.m.
1 sr READING Z —0� _( )—
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
City Clerk
day of ,
day of , 20 , at o'clock
Mayor of the City of South Bend, Indiana
Fifes i, lice
4 2014
JOV
CITY CLEF! ";, , . ScND, IN
PETITION FOR A COMBINED HEARING
City of South Bend, Indiana
I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at: NW corner of Northside Blvd., Notre Dame Avenue &
Frances Street (commonly known as the Transpo Site)
2) The property Tax Key Number(s) is /are:
018- 6004 -0096, 018- 6004 -0103, 018- 6012- 027101, 018- 6004- 009901, 018- 6004 -0104, 018- 6006 - 016602,
018- 6008 -0183 and part ofparcels 018- 6004 -0099, 018- 6002 -0040, 018- 6012 -0271, 018- 6004 -0097
3) Name and address of property owner(s) of the petition site:
South Bend Public Transportation Corp.
P.O. Box 1437
South Bend, IN 46624
Phone Number: 574- 233 -2131
E -Mail Address:
Name and address of additional property owners, if applicable: .
4) Name and address of contingent purchaser(s), if applicable:
Century Builders, Inc.
314 W. Catalpa, Suite F
Mishawaka, IN 46545
Phone Number: 574- 277 -4171
E -Mail Address: david @centurycustombuilders.com
Name and address of additional property owners, if applicable:
5) It is desired and requested that this property be rezoned:
From: MU -Mixed Use District and MF 1- Urban Corridor Multifamily District
To: SF2 Single Family and Two Family District
6) This rezoning is requested to allow the following use(s): Urban core single family housing
7) If applicable, a detailed description and the purpose of the variance(s) being requested:
(See attached Conceptual Exhibit drawing)
I ) From the required lot width for a single family dwelling of 40 feet to 29 feet for Parcels B & F
2) From the required 25 foot front yard setback to a 15 foot setback for all lots; and
3) From the required side yard of five (5) feet or 10% of lot width, whichever is greater, to a side yard
setback of 4 feet for all lots
8) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the
community:
The reduced setbacks and lot width allow homes to be built in the development that will be consistent
with the adjacent neighborhoods.
(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;
The parcels are currently vacant with adjacent parcels being mixed zoning of residential, mixed use
and light industrial The Petitioner is proposing to construct new homes that would be consistent in
size and value of other homes in the area. The surrounding property value will not be affected
adversely, only improved due to commitment to the redevelopment of the neighborhood.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property:
Requiring to abide by the existing required lot width and front and side yard setback requirements
would result in practical difficulties since the proposed house plans would not fit on the proposed lots
and the overall project would not be able to sustain the housing density required for the overall
project.
9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be
submitted.
10) Applications for subdivisions should be obtained from the office of the Area Plan Commission.
11) Attached, and made a part of this PETITION, is:
(a) a list of names and addresses of all property owners, and the tax key numbers for all properties within
300 feet of the petition property;
(b) six (6) site plans; and
(c) addressed, stamped envelopes for all property owners within 300 feet of the petition property.
CONTACT PERSON:
Daryl S. Anip, PE
Abonmarche Consultants, Inc.
750 Lincoln Way East
South Bend, IN 46601
Phone Number: 574- 232 -8700
E -Mail Address: dknip @abonmarche.com
Signature(s) of all property owner(s), or signature of Attorney for all property owner(s):
South Bend Public Transportation Corp.
Palau in Clerk's office,
JOHIN
1
CITY Ct rRK,'8 UT , BEND, IN
C LAWRENCE MAGLIOZZI
EXECUTIVE DIRECT00.
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571
S cS rte- f3 �s I I 6.26 ---( S'
Wednesday, May 20, 2015
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of South Bend Self Storage LLC to zone from GB General Business District and CB
Community Business District to PUD Planned Unit Development District, property located at 605 North
Hickory Road, City of South Bend - APC# 2741 -15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of South Bend Self Storage LLC was legally advertised on
Thursday, May 07, 2015 and that the Area Plan Commission at its public hearing on Tuesday, May 19, 2015 took
the following action:
Upon a motion by John DeLee, being seconded by Robert Schrock and unanimously carried, the proposed
ordinance of South Bend Self Storage LLC to zone from GB General Business District and CB
Community Business District to PUD Planned Unit Development District, property located at 605 North
Hickory Road, City of South Bend, is sent to the Common Council with a FAVORABLE
recommendation. This site is suited for uses allowed in GB General Business District, LB Local
Business District, and CB Community Business District. Zoning to PUD Planned Unit Development
District will allow for a wide range of compatible commercial uses not explicitly listed in any single
zoning district.
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, n
Lawrence P. Magliozzi
Attachment
CC: South Bend Self Storage LLC
Danch, Hamer & Associates
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
WWW. STJ OSEPHCO V NT Y I ND I A N A. C O NIAREAPLAN
Staff Report 5/8/2015
APC # 2741 -15
Owner: South Bend Self Storage LLC
Location: 605 North Hickory Road
Jurisdiction: City of South Bend
Public Hearing Date: 5/19/2015
Requested Action:
The petitioner is requesting a zone change from GB General Business District to PUD
Planned Unit Development District.
Land Uses and Zoning:
On site: On site is a former retail space that has been converted into mini -
warehouse storage units.
North: To the north are single family homes zoned SFI Single Family & Two
Family District.
East: To the east is a vacant lot zoned PUD Planned Unit Development District
and a Dollar General store zoned CB Community Business District.
Across Hickory Road is a multi- tenant shopping plaza in the City of
Mishawaka.
South: To the south are retail stores and an Elks Lodge zoned CB Community
Business District.
West: To the west is a vacant lot zoned PUD Planned Unit Development.
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 10.61 acre site contains a 128,614 square foot building, previously used for retail. A
30,000 square foot retail space is proposed with the remaining 9,244 designated as self -
storage warehousing space. A portion of the structure is currently being used for self -
storage warehousing. A total of 117 parking spaces will be provided for all uses. The
west property line, north of the building, will be screened using either a fence or
landscaping. The existing freestanding sign along Hickory Road will remain and may not
be increased in height or area without proper approval as per the City zoning ordinance.
APC# 2741 -15 Page 1 of
Staff Report
Zoning and Land Use History And Trends:
5/8/2015
Prior to the adoption of the current 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 (APC# 2597-11)
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. In 2014, the majority of
the site was rezoned to GB General Business District (APC# 2704 -14) to allow for mini -
warehouse storage units with a Special Exception Use for outdoor storage.
Traffic and Transportation Considerations:
Hickory Road has four lanes and a center turn lane.
Utilities:
This property is served by municipal sewer and water.
Agency Comments:
The County Surveyor and Department of Community Investment offer a favorable
recommendation. The City Engineer notes that approval will be subject to a drainage plan
and final site plan review.
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 petition is consistent with 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 Medium Density Residential.
Plan Implementation /Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
The McKinley Avenue and Hickory Road area is a large commercial node with a mixture
of uses.
3. Most Desirable Use:
The most desirable use for the land is one that is compatible with the commercial and
mixed -use character of the area.
4. Conservation of Property Values:
Any improvements to the site, including screening, should not adversely affect
surrounding property values.
APC # 2741 -15 Page 2 of 3
Staff Report
5. Responsible Development And Growth:
5/8/2015
It is responsible growth and development to allow retail uses within this repurposed
building, and to allow outdoor storage within its underutilized parking lot.
Staff Comments:
Outdoor storage may be permitted on the site, but will be limited to a maximum size of
20% of the gross square footage of the building. Any outdoor storage may not encroach
within 50' of any property line, or within 200' of the north property line, and will be
required to have screening in the form of an 8' fencing or landscaping.
Recommendation:
Based on information available prior to the public hearing, staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation.
Analysis:
This site is suited for uses allowed in GB General Business District, LB Local Business
District, and CB Community Business District. Zoning to PUD Planned Unit
Development District will allow for a wide range of compatible commercial uses not
explicitly listed in any single zoning district.
APC # 2741 -15 Page 3 of 3
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Rezoning from:
"GB" GENERAL BUSINESS DISTRICT & "CB COMMUNITY BUSINESS
to "PUD "PLANNED UNIT DISTRICT
MASTER ZONING KEY N
WISH AWAKA
W E
SO U7 BE NC "SF1 "SINGLE FvM ILYAN C T11,7O FALL I LY C'ISTR IC +11
SOUTH BEND'O OFFICE DISTRICT 8
SOUTH BEND " ,CBr,COL7t.IUN17YBUSINESSCISTRIC7 1 inch = 300 feet=
SOUTH BEND 'GE) GENERALBUSINESS DISTRICT APC # 2741 -15
SOL1 7H BENC''PUD"PLAtJNEC UNIT DEVELOPMENT
t4w IDA
LAWRENCE P. MAGLIOZZI
EN C CU'I'IVE DI R EC'I'OR
Angela M. Smith
De Puly Dtrectu.
. AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNT Y CI' I' Y BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571
May 20, 2015
South Bend Common Council
41h Floor, County -City Building
South Bend, IN 46601
RE: Bill #20 -15
Rezoning: 605 North Hickory Road
Dear Council Members:
The following changes have been made to the Ordinance and Petition for the above referenced petition:
Ordinance and Petition:
1.) Changed from: "zoning from GB General Business District to PUD Planned Unit Development'
to: "zoning from GB General Business District and CB Community Business District to PUD
Planned Unit Development'.
A Copy of the revised Ordinance and Petition is attached. If you have any further questions, please feel
free to contact me at (574) 235 -9571.
Sincerel
att ew P. ap 'es,
Planner
SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W. STIOSEPHCOUNTYINDIANA .COM /AREAPLAN
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 605 NORTH HICKORY ROAD, 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 and GB General
Business Districts to PUD Planned Unit Development to allow for a mixed commercial
use project.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495 -04, 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:
That part of the Southeast Quarter of Section 6, Township 37 North, Range 3 East,
Portage Township, City of South Bend, St. Joseph County, Indiana which is described
as Lot #4 of the Plat of "McKinley- Hickory Minor Subdivision" as recorded by document
No. 0734550 in the Records of the St. Joseph County, Indiana Recorder's Office.
Containing 10.61 Acres More or Less.
Subject to all Legal Highways, Easements and Restrictions of Record.
be and the same is hereby established as PUD Planned Unit Development District.
SECTION ll. 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
o'clock . M.
1 si READING —t 3 —1 l
PUBLIC HEARING
3rd READING
NOT APPROVED
REFERRED
PASSED
City Clerk
day of
Mayor, City of South Bend, Indiana
2 , at
Filed in ClArWS Office
EAY l2 Q
johiv'
_, IJDriDe
CITY CLERK, 60UTF1 SEND, IN
PETITION TO REZONE
City of South Bend Indiana
I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance
as herein requested.
1) The subject property is located at:
605 North Hickory Road, South Bend, Indiana 46615
2) The property Tax Key Number(s) is /are: Key # 1: 18 -5201 -7736
3) Name and address of property owner(s) of the petition site:
South Bend Self Storage LLC
Attn: Tom Johnson
11710 N. Armenia Avenue
Tampa, FL 33612
813- 340 -1307
E -Mail Address N/A
4) Name and address of contingent purchaser(s), if applicable:
N/A
5) It is desired and requested that this property be rezoned:
From: CB Community and GB General Business Districts
To: PUD Planned Unit Development
6) This rezoning is requested to allow the following use(s): Mixed -Use Commercial Development.
7) Attached, and made a part of this PETITION, is:
(a) a list of names and addresses of all property owners, and the tax key numbers for all properties
within 300 feet of the petition property;
(b) six (6) site plans; and
(c) addressed, stamped envelopes for all property owners within 300 feet of the petition property.
8) BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE
ABOVE - DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL
REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA
PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE
DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER
AND OTHER PERSONS ACQUIRING AN INTEREST THEREIN. SUCH
REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND WILL BECOME A
CONDITION OF ANY FINAL PLAN APPROVAL.
FILED
APR 2 8 2015
AREA PLAN COMMISSION
A
AM ATV l u •^/
n / /41 /-/(�
Signature(s) of All Property owner(s), or
signature of Attorney for all property owner(s):
South Bend If orage LLC
Attn: Tom J has n
11710 N. Ar is Avenue
Tampa, FL 33612
813- 340 -1307
PETITION PREPARED BY & CONTACT PERSON:
Name: Danch, Harner & Associates, Inc.
Address: 1643 Commerce Drive
South Bend, Indiana 46628
574- 234 -4003 mdanch @danchharner. com
E 06 2015
JOHN VOORDE
CITY CLERK, SOUTH SENDON
"10
LAWRENCE P. MAGLIOZZI
F XF C III IV F. III RF.0 I'UR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
117 W. JEFFERSON BLVD., ROOM 1140 C(1LIN LY- CITY BUILDING, SOU'T'H BEND, INDIANA 46601 ( 5 7 4 1 235 -9571
May 20, 2015
South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
RE: Bill #21 -15
Rezoning: 2212 Mishawaka Avenue
Dear Council Members:
The following changes have been made to the Ordinance and Petition for the above referenced petition:
Ordinance:
1.) Legal description was amended.
Petition:
2.) Tax key #018- 6032 -0972 was removed.
A Copy of the revised Ordinance and Petition is attached. If you have any further questions, please feel
free to contact me at (574) 235 -9571.
Sincerel
Matt hew P. C uies,
Planner
SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND
W WW. STI OSEP H CO V N TY I Pi ANA. C O N /AREA PLAN
Staff Report 5/8/2015
APC # 2742 -15
Owner: New Paris Development Co. LLC
Location: 2212 Mishawaka Avenue
Jurisdiction: City of South Bend
Public Hearing Date: 5/19/2015
Requested Action:
A combined public hearing on a proposed ordinance of New Paris Development Co. LLC
to zone from MU Mixed Use District to LB Local Business District; seeking a Special
Exception Use to allow for a tattoo, body piercing establishment; and seeking two
variances.
Land Uses and Zoning:
On site: On site is an existing retail building.
North: To the north across Mishawaka Avenue is a gas station and convenience
store zoned CB Community Business District.
East: To the east is a church zoned MU Mixed Use District.
South: To the south is a single family home zoned MU Mixed Use District.
West: To the west is a tavern zoned MU Mixed Use District.
District Uses and Development Standards:
The LB District is established to provide for small business groupings located outside of
the village style mixed use concept and which provide for the full range of convenience
uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted
uses within the LB Districts are regulated in character to assure harmonious development
with the nearby residential districts served and are limited in size and scale to promote
pedestrian access.
Site Plan Description:
On site is a 3,300 square foot retail space abutted by similar buildings to the east and
west. The front fagade of buildings along this block abut the sidewalk, with a 0' setback.
There is a paved parking area behind the building that is shared with the other businesses.
Zoning and Land Use History And Trends:
This site has been zoned MU Mixed Use District since 2004.
Traffic and Transportation Considerations:
Mishawaka Avenue has two lanes with a center turn lane and on- street parallel parking on
the south side of the street.
Utilities:
This site is served by municipal water and sewer.
Agency Comments:
County Surveyor, City Engineer, and South Bend Department of Community Investment
APC 4 2742 -15 Page I of 3
Staff Report 5/8/2015
recommend approval.
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 petition is consistent with City Plan, South Bend Comprehensive Plan (November
2006). Policy LU 2.2: pursue a mix of land uses along major corridors and other locations
identified on the future land use map. 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:
No other plan is in effect for this area.
2. Current Conditions and Character:
The 2200 block of Mishawaka Avenue is a commercial node with a mix of non - residential
uses.
3. Most Desirable Use:
The most desirable use is one that is compatible with the mixed -use character of this
commercial corridor.
4. Conservation of Property Values:
Physical improvements and use of this site for a tattoo shop should not adversely affect
surrounding property values.
5. Responsible Development And Growth:
It is responsible growth and development to allow this property to develop into a business
that will serve the community.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning, a Special
Exception Use, and two 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 Special Exception Use is for a tattoo parlor.
A special exception 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
APC # 2742 -15 Page 2 of 3
Staff Report
5/8/2015
moral standards, convenience or general welfare. Tattoo facilities are licensed and
certified through the Health Department to ensure they operate in a safe manner.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein. The property was previously used for non - residential uses.
(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 tattoo parlor will operate similarly to the
other businesses found along Mishawaka Avenue.
(4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
The comprehensive plan identifies this area for commercial development.
The variances are as follows:
1. From the required twelve parking spaces to zero; and
2. From the required 500' separation from a religious use to 20'.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance or Special Exception Use can be approved.
(1) The approval will not be injurious to the public health, safety, morals, and general
welfare of the community. Tattoo facilities are licensed and certified through the Health
Department to ensure they operate in a safe manner. Because there is on- street parking
available with additional parking behind the building, the parking variance should not be
injurious to the safety or 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. Improving the physical appearance of the
fagade will protect surrounding property values. The property was previously used for
non - residential uses.
(3) The strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property. The strict application would limit the ability for the
site to be redeveloped as a tattoo parlor. On street parking is available, as well as non-
descript parking in the rear of the building.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
rezoning petition and the Special Exception Use be sent to the Common Council with a
favorable recommendation. The staff recommends approval of both variances.
Analysis:
Allowing a tattoo parlor in this location will not be injurious to the overall retail character
of Mishawka Avenue or the adjacent residents. Rezoning to LB Local Business District is
consistent with the character of the area.
APC 4 2742 -15 Page 3 of 3
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BEFORE
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AFTER
Charles W Florance
802 S Ironwood Dr.
South Bend, IN 46615
Area Board of Zoning Appeals
125 S Lafayette Blvd., Suite 100
South Bend, Indiana
May 19, 2015
Dear Ms. Carolyn A. Henry and members of the Board,
Mr. Nathan Rivers recently told me about Legacy Ink, a new Tattoo and
Piercings parlor he's planning in River Park. Because it11 be in my own back yard, I
wanted to write this letter of support for his Special Exception use.
The Controlled Uses section of the zoning ordinance specifically mentions
"objectionable secondary impacts" as a reason to limit the number of certain types of
businesses that can operate in any one area. I don't believe Nathan's business will
have an objectionable impact on River Park. I believe it will be the exact opposite.
There's a critical mass of businesses and activities that need to be present for a
neighborhood to thrive, and recently it's been a real delight watching other small
businesses take root in spaces that haven't had much activity since 2009, when my
wife and I moved here.
Even if you, or other members of the board, would never consider getting a
tattoo, I'd ask you to consider the art's growing popularity, recent developments in
sanitation and hygiene, and the behavior of similar shops across the county. I think
you'd discover there are very few —if any - "objectionable impacts" that ever materialize.
Please consider approving his application for special use.
Thank you for taking the time to read my letter of support. Let me know if
there's ever anything you need from me. I can be contacted at the address above or at
cfloranc(@alunini.nd.edu.
Respectfully,
C les W Florance
Captain, US Army Retired
River Park Resident
May 19, 2015
To whom it may concern,
My name is Jacob Singleton and I have been a River Park resident for 4 + years. I
believe Legacy Ink will make a great addition to the River Park community. I am going
to school to be a Graphic Designer and I approached Nathan (the owner of Legacy Ink),
who I didn't know at the time, about doing some work for him and explained that I was
new to the industry and was trying to get work to build my portfolio and asked if he
would be interested in some design work. He was happy to help me out and gave me a
chance. We have been working together for roughly 2 months and in that time I have
been able to learn a lot about the design industry thru the work we had agreed upon.
The reason I am telling this story is to show that he is already helping the River
Park community and the people in it and he isn't even open for business yet. He has
also been helping promote me to other local businesses and local groups which is
amazing and it's helping me grow my business as well. In my opinion this is the kind of
teamwork we need to help our economy grow and get back to being a close knit
community that is slowly fading. In my opinion Legacy Ink will bring a great deal of
value to our area and not just by filling one of the many empty buildings but also by
bringing a positive form of art to our community.
Thank you,
Jacob Singleton
A06-d;27 Y,?- iJ
Fee
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
217 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 IS 74) 235 -9S 71
Wednesday, May 20, 2015
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A combined public hearing on a proposed ordinance of New Paris Development Co. LLC to zone from MU
Mixed Use District to LB Local Business District; seeking a special use exception to allow for a tattoo, body
piercing establishment, property located at 2212 Mishawaka Avenue, City of South Bend - APC# 2742 -15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of New Paris Development Co. LLC was legally advertised on
Thursday, May 07, 2015 and that the Area Plan Commission at its public hearing on Tuesday, May 19, 2015 took
the following action:
Upon a motion by John DeLee, being seconded by Robert Schrock and unanimously carried, a proposed
ordinance of New Paris Development Co. LLC to zone from MU Mixed Use District to LB Local
Business District; property located at 2212 Mishawaka Avenue, City of South Bend, is sent to the
Common Council with a FAVORABLE recommendation. Allowing a tattoo parlor in this location will
not be injurious to the overall retail character of Mishawka Avenue or the adjacent residents. Rezoning to
LB Local Business District is consistent with the character of the area.
Upon a motion by John DeLee being seconded by Robert Schrock and unanimously carried the special
exception use to allow for a tattoo, body piercing establishment is sent to the County Council with a
FAVORABLE recommendation, subject to the rezoning being approved by the Common Council.
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.
Sincere
p,Qj x"33
Lawrence P. Magliozzi
Attachment
CC: New Paris Development Co. LLC
Nathan Rivers
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAREVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
WWW. Tf OS EP HCOU NT Y I ND I ANA. C ONIAREAPLAN
Page 1 of
Jennifer Parcell - Area Plan - letter of support for APC 2742 -15
From: Valerie Schey <vschey @southbendin.gov>
To: "Oliver J. Davis" <odavis @southbendin.gov>
Date: 5/17/2015 7:51 PM
Subject: Area Plan - letter of support for APC 2742 -15
Cc: DL -City Council <DL- CityCouncil @southbendin.gov >, John Voorde <jvoorde @s...
Dear Councilman Oliver Davis,
As the South Bend City Council Representative on the Area Plan Commission I write to you to express my
support for APC 2742 -15, the special exception use to allow for a tattoo, body piercing establishment with two
variances. This petition is located in South Bend's Third District which I represent.
Mr. Nathan Rivers of Legacy Ink is looking to establish his business on Mishawaka Ave. Mr. Rivers has taken time
to contact and meet with the River Park Neighborhood Association and the River Park Business Association.
Both organizations have been very supportive of Mr. Rivers' work and his interest in investing and growing his
business in River Park.
Legacy Ink has also gained the support of the APC Staff as well as South Bend's Community Investment
Department.
Thank you for considering my recommendation of support for this request.
Sincerely,
Valerie Schey
City Council, Third District Representative
Cc: South Bend City Council
South Bend City Clerk
St. Joseph Area Plan Staff
Mr. Nathan Rivers, Legacy Ink
Mr. Kevin Strebinger, River Park Neighborhood Association
Valerie Schey
South Bend City Council
Third District Representative
(574) 210 - 9623
!RECEIVED
MAY 18 2015
AREA PLAN COMMISSION
IMPORTANT NOTICE! This E -Mail transmission and any accompanying attachments may contain confidential
information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying
or action taken in reliance on the contents of this E -Mail by anyone other than the intended recipient is strictly
prohibited and is not intended to, in anyway, waive privilege or confidentiality. If you have received this E -Mail in
error please immediately delete it and notify sender at the above E -Mail address. Please note that incoming a -mails are
not routinely screened for response deadlines, and as such, please notify the sender separately by fax of any message
containing deadlines. In addition, E -Mail information cannot be guaranteed to be secure or error -free as information
could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus. Therefore, the sender does
not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E -Mail
transmission. If verification is required, please request a hard -copy version.
file: / /C: \Documents and Settings \jparcell \Local Settings\ Temp\ XPgrpwise \5558F136IntemalPLEXISPO100... 5/18/2015
Janice Talboom
From: Valerie Schey
Sent: Sunday, May 17, 2015 7:48 PM
To: Oliver J. Davis
Cc: DL -City Council; John Voorde; Kareemah Fowler; Janice Talboom; Kathy Farrand;
jparcell @co.st joseph.in.us; nathan.d.rivers @gmail.com; binger8 @sbcglobal.net
Subject: Area Plan - letter of support for APC 2742 -15
Dear Councilman Oliver Davis,
As the South Bend City Council Representative on the Area Plan Commission I write to you to express my
support for APC 2742 -15, the special exception use to allow for a tattoo, body piercing establishment with
two variances. This petition is located in South Bend's Third District which I represent.
Mr. Nathan Rivers of Legacy Ink is looking to establish his business on Mishawaka Ave. Mr. Rivers has taken
time to contact and meet with the River Park Neighborhood Association and the River Park Business
Association. Both organizations have been very supportive of Mr. Rivers' work and his interest in investing
and growing his business in River Park.
Legacy Ink has also gained the support of the APC Staff as well as South Bend's Community Investment
Department.
Thank you for considering my recommendation of support for this request.
Sincerely,
Valerie Schey
City Council, Third District Representative
Cc: South Bend City Council
South Bend City Clerk
St. Joseph Area Plan Staff
Mr. Nathan Rivers, Legacy Ink
Mr. Kevin Strebinger, River Park Neighborhood Association
Valerie Schey
South Bend City Council
Third District Representative
(574) 210 - 9623
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A
SPECIAL EXCEPTION PROPERTY LOCATED AT 2212 MISHAWAKA AVE,
COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
IT IS WITH INTENT TO CONDUCT BUSINESS OF THE ABOVE LOCATION AS A
TATTOO AND BODY PIERCING FACILITY TO THE City OF SOUTH BEND INDIANA
AND ITS SURROUNDING AREA.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South bend, Indiana as follows:
SECTION 1. Ordinance No. 9495 -04, 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:
STARTING AT THE NORTHEAST CORNER OF THE EAST END OF LOTS 31 -32 OF
RIVER PARK, THENCE WEST 40' TO THE POINT TO BEGINNING; THENCE WEST
40'; THENCE SOUTH 130'; THENCE EAST 40'; THENCE NORTH 130' TO THE
POINT OF THE BEGINNING.
Be and the same is hereby established as LB Local Business District
SECTION II. That a Special Exception for 2212 Mishawaka Ave. in a LB Local
Business District zoning district is hereby granted subject to a site development plan
hereby attached and made a part of the Ordinance and which site plan contains and
lists conditions, if any, of approval.
SECTION III. This ordinance shall be in full force and effect from 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 _
_ o'clock — M.
Mayor, City of South Bend, Indiana
11 READING C� —{ )!( T-
UPLIC HEARING
3 rd READING
NOT APPROVED
-- ;EFERRED
PASSED
2 , at
Feed ids
r�P 2 Q 2015
JOi +,
CITY CLERK, aei;; `H SEND, IN
PETITION FOR A COMBINED PUBLIC HEARING
Citeses 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: 2212 Mishawaka Ave, South Bend IN 46615
2) The property Tax Key Number(s) is /are: 018 -6032 -0972 018 -6032 -0971
3) Name and address of property owner(s) of the petition site:
New Paris Development Co. LLc
2020 Elkhart Rd
Goshen, IN 46526
574- 534 -7368
Chelsea @a'534ren t. net
Name and address of additional property owners, if applicable:
4) Name and address of contingent purchaser(s), if applicable:
Name
Address
City, State Zip Code
Phone number with Area Code
F,- 119ail Address
Name and address of additional property owners, if applicable:
5) It is desired and requested that this property be rezoned:
From: MU Mixed Use District N/A
To: LB Local Business District
6) This rezoning is requested to allow the following use(s): The specified location will conduct business as a
Tattoo and Body Piercing facility. The property will contain I restroonr facile', 2 closed room office spaces, a large
common area to conduct business of tattooing, I closed room for body piercing, and the rest of the space will be
utilized for storage of supplies.
7) If applicable, a detailed description and the purpose of the variance(s) being requested: 1. From the required 12
harking spaces to zero. 2. From the required 500'separation from a religious use to 20'seperation.
8) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the
community: All certifications, licenses, and regulations will be met to conduct business. It is the
desire of tire owner of the business to have a welcoming annosphere and a family oriented business. To
provide increaselprosperity to surrounding businesses within the River Park District.
(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 Tattoo and Body Piercing fzcility will only conduct business
within the designated space of 2212 Mishawaka Ave Owners and operators will Limit all operations to
this designated space as to not interfier with surrounding businesses and property.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property: The application of the terms of tJte Urdinance wottlrl not result in <Iiff cnlries brit would
allow the ability to conduct Business as desired and to allow the freedom of other businesses in the
,future to take place and expand in the River ParkDiswict.
I)) 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: It is ott.r intention to run business as a family oriented
business. To provide an environment for all within the c:ommtutity to feel comfortable in an
environinett that might not have been in the past. It is our intention to welcome the contrnanit) and to
provide service that is oriented around their needs and satisfaction.
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: It is our intention to only better the comrntatity and to aid in the success of the adjacent arert
through increasing property value though wxterior appearance and through the increase in overall
custonier base.
(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: Will aid in improving the visual appearance of businesses 17 -ahin the
River Park District. Ii is also bitertdett tlitn with the proposed use there will be an iiicrett.se of bitsirtess
within the area to aid in stability to surrounding businesses.
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. The proposed use will abide by all regrdations and requirements required by law to conduct
business as indicated as a Tattoo and Body Piercing parlour.
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:
Nathan Rivers
53020 Woodmar Dr
Granger, IN, 46530
765 - 543 -1453
natlian. d. rivers(ti gmail. com
Signature(s) of all
signature of Attorney for all property owner(s):
Filed In Clark' Os ffiCe
7 2015
IN