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HomeMy WebLinkAbout07-27-15 Agenda, Packet & Committee Meeting NoticeOFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK July 23, 2015 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for Monday, July 27 2015 in the Council Informal Meeting Room, 41h Floor Countv -City Buildina. 227 W. Jefferson Blvd., South Bend, Indiana: 3:30 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 15 -72 — Confirming Tax Abatement- Ameriplex Superior Partners. LP — 5231 Dylan Dr. — 7 year Real 2. Bill No. 15 -73 — Designating Tax Abatement- Thomas & Lisa Loughran — 810 N. St. Peter St. — 5 year Residential 3:50 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON T. Bill No.15 -65 — Special Exception — 3016 Portage Ave. — Telecommunications facility 2. Bill No. 15 -66 — Special Exception — 4085 Meghan Beeler Ct. — Recreational Use Facility 3. Bill No. 15 -67 — Special Exception — 430 Parkovash Ave. — Child Care Center 4:10 P.M. UTILITIES DAVID VARNER, CHAIRPERSON T. Bill No. 24 -15 — Amend Chapter 17 of the South Bend Municipal Code to Decrease the Sewer Insurance Program Deductible 2. Bill No. 25 -15 — Amend Chapter 16 of the South Bend Municipal Code to Provide Yard Waste Removal solely from City Furnished Containers 3. Bill No. 26 -15 — Amend Chapter 16 of the South Bend Municipal Code to adjust fees for City Collection and Disposal of Refuse (Solid Waste) Materials 5:00 P.M. PUBLIC WORKS & PROPERTY VACATION & VALERIE SCHEY. CHAIRPERSON HEALTH & PUBLIC SAFETY DEREK D. DIETER, CHAIRPERSON 1. Discussion on Speeding in Residential Neighborhoods 5:25 P.M. PUBLIC WORKS & PROPERTY VACATION VALERIE SCHEY, CHAIRPERSON 1. Update on Parking Solutions for Game Days at Four Winds Field 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.SoutbBend[N.gov KAREEMAH FOWLER JANICE TALBOOM EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK 5:40 P.M. COMMUNITY RELATIONS KAREN L. WHITE, CHAIRPERSON 1. Bill No. 15 -74 — Recommend the SBCSC Board of Trustees to not Lower the Standards of Student - Athletes Participating in Interscholastic Athletics 5:50 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON T. Interview Applicants for Human Rights Commission Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Personnel & Finance 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 MONDAY, JULY 27, 2015 1. INVOCATION - REVEREND SYLVESTER WILLIAM 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7 :00 P.M. 15 -68 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY CONGRATULATING WNDU AS IT CELEBRATES ITS 60TH ANNIVERSARY AND HONORING THE COMMUNICATIONS LEGACY OF REV. THEODORE M. HESBURGH, C.S.C. 15 -69 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY RECOMMITTING TO FULL IMPLEMENTATION OF THE AMERICANS WITH DISABILITIES ACT (ADA) UPON THIS TWENTY -FIFTH ANNIVERSARY OF ITS ENACTMENT 6. REPORTS OF CITY OFFICES - MAYOR PETE BUTTIGIEG 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 24 -15 PUBLIC HEARING ON A BILL 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 25 -15 PUBLIC HEARING 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 PUBLIC HEARING 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 8. BILLS, THIRD READING TIME: BILL NO. 24 -15 THIRD 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 THIRD 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 THIRD 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 9. RESOLUTIONS BILL NO. 15 -65 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3016 PORTAGE AVE. SOUTH BEND, IN 46601 15 -66 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 4085 MEGHAN BEELER COURT 15 -67 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 430 PARKOVASH AVE 15 -70 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 824 N. ST. PETER ST, SOUTH BEND, INDIANA 46617 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JEFFREY AND MARIE SPOONHOWER 15 -71 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE SOUTHEAST CORNER OF ADAMS RD AND DYLAN DR, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR GLC PORTAGE PRAIRIE, LLC 15 -72 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5231 DYLAN DRIVE, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR AMERIPLEX SUPERIOR PARTNERS, LP 15 -73 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 810 N. ST. PETER ST., SOUTH BEND, IN 46617 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR THOMAS AND LISA LOUGHRAN 15 -74 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT THE SOUTH BEND COMMUNITY SCHOOL CORPORATION BOARD OF TRUSTEES NOT LOWER THE STANDARDS OF STUDENT- ATHLETES WHO WISH TO PARTICIPATE IN INTERSCHOLASTIC ATHLETICS AND CALLS FOR THE BOARD TO NOT MOVE FORWARD ON THE PROPOSED CHANGES IN DOCUMENT 2431 ADDRESSING THEIR INTERSCHOLASTIC ATHLETICS POLICY 10. BILLS, FIRST READING BILL NO. 35 -15 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 4325 S. MICHIGAN STREET SOUTH BEND IN 46614, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS A. REPORTS FROM THE AREA PLAN COMMISSION 1. BILL NO. 29 -15 - AMENDMENT OF CHAPTER 21 - ZONING - REGARDING PLANNED UNIT DEVELOPMENT DISTRICTS 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. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council's website, and also in paper format in the Office of the City Clerk, 41h Floor County -City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY RECOMMITING TO FULL IMPLEMENTATION OF THE AMERICANS WITH DISABILITIES ACT (ADA) UPON THIS TWENTY -FIFTH ANNIVERSARY OF ITS ENACTMENT WHEREAS, on July 26, 1990 President George H. W. Bush signed into law the Americans With Disabilities Act (ADA) to ensure the civil rights of persons with disabilities; and WHEREAS, the ADA established a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; and WHEREAS, enactment of the ADA at the federal and State levels and its incorporation into South Bend's Human Rights ordinance has expanded opportunities for Americans with disabilities by reducing barriers, changing perceptions, and increasing full participation in community life, all of which enhance the strength and energy of the South Bend community; and WHEREAS, the full promise of the ADA depends on the sustained commitment to continue all efforts to fully implement the ADA WHEREAS, the City of South Bend wishes to celebrate and recognize the progress that has been made by reaffirming the principles of equality and inclusion and recommitting the City's efforts to reach full ADA compliance. NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. On behalf of all its residents, the City of South Bend, Indiana, reaffirms its commitment to continue working toward full ADA compliance in all of its programs, services, and activities, and it further commits to promote the full promise of the ADA among private employers and places of public accommodation within the City of South Bend. SECTION II. This Resolution shall be in full force and effe om d er its adoption by the Council and approval by the Mayor. Tim Scott, ls` District Henry Davis, Jr. 2 "" District Valerie Schey, 3 `d District O-TMr J. Davis, 61' District Derek D. Dieter, At Large Gavin Ferlic, At Large Dr. Fred Ferlic, 4" District Dr. David Varner, 5" District Attest: John Voorde, City Clerk Karen L. White, At Large Kathleen Cekanski Farrand, Council Atty. Approved this day of 12015 Pete Buttigieg, Mayor of South Bend 1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BoufxwARD SOUTH BEND, INDIANA 46601 -1830 CRISTAL C. Blusco CORPORATION COUNSEL Mr. Tim Scott, President South Bend Common Council 0, Floor County -City Building South Bend, IN 46601 Dear Council President Scott: CITY or Sourn BEND PETE BUTIIGIEG, MAYOR DEPARTMENT OF LAW July 17, 2015 RE: Resolution Recommitting to Americans With Disabilities Act (ADA) PHoNE574 /235 -9241 FAx 574/235 -7670 TTY 574/235 -5567 ALADEAN M. DERoSE CITY ATTORNEY On July 26, 2015, the Americans with Disabilities Act (ADA) will mark the 25th anniversary of its passage by Congress. The City of South Bend enacted protection to disabled persons by amending the South Bend Human Rights ordinance in 1993. By the attached resolution, the South Bend Human Rights Commission wishes to reinforce the City's commitment to the goals and intent of the ADA upon the twenty -fifth anniversary of its enactment. This Resolution was approved unanimously by the Commission at its meeting held on July 15, 2015. While South Bend has made great progress in implementing accessibility to its programs, services, and activities, the Resolution is intended to provide renewed energy toward completion of that task and process. The Commission also requests that this Resolution be placed at the beginning of the Council's public meeting agenda where resolutions of this type are customarily heard. Commission Secretary Muhammed Shabazz will present this Resolution to the Common Council at its regular meeting and I will make the presentation at the Committee meeting. Thank you for your consideration. Filed in €, ler 'vi. CE Ce F e ,iUL 'i 7 2015 JOHR 4"i]WDL CITY CLERK, SOUTE i ENM, IN Sincerely, Aladean M. DeRose Attorney to the South Bend Human Rights Commission and City ADA Coordinator ELLIOT A. ANDERSON BENJAMIN J. DOUGHERTY TASHA REED OUTLAW MICHAELJ.SCHMIDT STEPHANIE STEELE Substitute Bill No. 2q-15 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: fund. Sec. 17 -56. Purpose, assessment of charges for residential customers; deposit in separate (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. whiw ,._e nst industfial or h,111, ewstamer-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: See. 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 €rye two hundred fifty dollars ($59250.00) which the City declares to be directly attributable to the repair of a private sewer service. Said costs shall ne -- include any reasonable charges associated with the removal or replacement of any trees, shrubbery, plants, lawns, sprinkler systems, or ether similar landscaping features on public or private property; and shall also include :et be °'ale fer- arr}zreasonable expenses incurred in tunneling under and/or replacing axy in similar condition hard surface improvements such as bituminous, concrete, or brick driveways, patios, sprinkler systems, gas rills utility line foundations, ' g ,and any 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 subiect to a total cost limit of one thousand dollars ($1,000.00). Repair or replacement of any landscaping hard surface or other improvement directly attributable to the sewer repair which is in excess of the limit set for such improvements shall be the property owner's sole responsibility 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 17 -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 €rye two hundred fifty dollars ($39250.00) 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 R ;died rx� (345-5) days 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 days prior to date of request for repair to be eligible for the Program Section V. Chapter 17, Article 7, Section 17 -64, shall be and hereby is amended to read in its. entirety as follows: Sec.17 -64. Bi- annual financial statement and report required; monthly repair list filed with Common Council's Utility Committee.: (a) The Board ovex' __- ..__ -_ !'_------_,,.,ioner-s 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. (b) These bi- annual reports of the Board of Wa _ ' ...,..,.._.., Director of Public Works or designee shall summarize repairs and /or replacement made from this fund including, but not limited to, the number of repairs in various categories, e.g., elimination of infiltration, cleaning, and repair of broken lines. (c) In addition to the bi- annual report, the Roar. of Wastewater- '' ................ners Director of Public Works or designee shall file a quarterly report with the Council's Utility Committee detailing the following: (1) Name of property owner and location of sewer repair (designated by the common address of the property; (2) Name of contractor who performed the sewer repair; and (3) The amount of sewer repair with an attached detailed claim. Section VI. This Ordinance shall be in full force and effect from and after adoption by the Common Council and approval by the Mayor. Attest: City Clerk Member, outh Bend Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the of , 2015, at o'clock M. Approved and signed by me on the at o'clock . m. to READING PUBLIC HEARING 3 rd READING NOT APPROAV REFERRED PASSED City Clerk day of 2015, Mayor, City of South Bend, Indiana 0 Filed in Clark's Office �11L 20 ZQ15 JOHN VOCsiiM WYCLERR{, sows avmD, IN Janice Talboom From: Aladean DeRose Sent: Saturday, July 18, 2015 4:36 PM To: Janice Talboom Cc: Kathy Farrand; Eric Horvath; Kara Boyles; Kim Thompson Subject: FW: Substitute Sewer Insurance Bill Attachments: 2015 Amending Chptr.17 Subst. Sewer Insurance Art.17- 58.17- 60.doc Hi, Janice. I have drafted and attach a revised Common Council ordinance regarding the sewer insurance program. It adds subparts b & c of Municipal Code 17 -64 which had included a reference to the Board of Wastewater Commissioners by replacing that term with "Director of Public Works or designee." Because I will be out of the office until Friday afternoon 7/24, 1 just wanted you to know in advance about this substitute bill which I will file officially on Friday when I return, which we may tweak further by then. Thanks a lot. Aladean Aladean DeRose City Attorney 1200 County City Building 227 W. Jefferson Blvd. South Bend IN 46601 574- 235 -9241 574- 235 -5866 (direct) Filed in Clprk's Office [J1UL2_0 2015 JOHN VOO-:s,, QTY CLERK, SOUTFf Ai A IN (:�t[I06 2,s__ (-r 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 Y-yard waste shall not be placed in plastic bags for collection. Such yard waste shall be placed solely in containers leased from the City. : paper- or ether bags, biodegradable in other eentaine fumished by , lessee, r leased from the Git3, J 7 J ,1 shall 1, eedy deposited � al, t 1 segregated from an), `Mash e_ garbage. However, special pick 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. iEay be scheduled ' speeial 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 I1. 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 pick 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 I1I. 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.- pounds. The 35 pound weight limir ..1...11 4 1 if d 4 ,7 1' d apply J � he :� , anR 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 itenis may be disposed of by landfill or in any _.L__ 1__r_, 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. � r Member, South Bend Common Council tiY co'L'! biii 1�t rvvl ,- tl polAte all Attest: ,"Iv . ,.I' ?d tn�f t� t.r„ 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. 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED RFMRED ".',SSED 2 , at Mayor, City of South Bend, Indiana Filed �ffiGe 2 0 2J15 CITY CLS FP1 ?Sou rN &Et\ D, JU CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS May 20, 2015 Mr. Tim Scott President, South Bend Common Council 4th 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 a part 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. Sincerely, Eric C. Horvath City of South Bend Executive Director Public Works WT ice _J 6 k * ( � PC), 1�� -) S- 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 I. 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 ** Senior rate * ** 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 limits 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 six dollars and fifty -five cents ($6.55) per month in 2015), and seven dollars and nine cents (27.09) 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 (x"10.00) to cover the City's administrative cost of delivery and famishing 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 de}lal!s { 5.00) six dollars and fifty five cents ($6.55) per month (in 2015). and seven dollars and nine cents ($7.091 per 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 't�pgyq��icVAIN, ;.6E' .`iSeai. 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. t s1 READING PUBLIC HEARING '3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of day 2_, at _o'clock Mayor, City of South Bend, Indiana ._ Filed In Cl� _...... Y�� C i'ry VLE k. ',::eS,3K.'c H LIEND, ICE CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS May 20, 2015 Mr. Tim Scott President, South Bend Common Council 0 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 .1AY 2 G 22 i 4 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF STONING APPEALS FOR THE PROPERTY LOCATED AT 3016 Portage Ave. South Bend, IN 46601 WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval,, and WHEREAS, the Common Council must tak4�H " e. action within sixty (60) days after the Board of . Zoning Appeals makes its recommendation to the.Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 3016 Portage Ave. South Bend, IN 46628 in order to permit to construct and operate a telecommunications facility on a property classified SF 1 and variances: 1. From the required hard surface acces,0G,4 gravel drive. 2. From required landscaping to no landscaping as it is located in a wooded area with agricultural surroundings. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: �FRV The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 1. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 2. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 3. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. , PR ESEP.:TED NOT AnNx O ,(ECCPTF.o Member of the Common Council �»*0<. �a f.e 2a �nl arld Filed in Clerk's d4ice jUN 09 2015 JOHNVOORDE CITY CLERK, SOUTH END, IN CHARLES S HAYES 814 MARIETTA STREET SOUTH BEND, IN 46601 TM May 29, 2015 Area Board of Zoning Appeals of St. Joseph County, Indiana 125 South Lafayette Blvd. Suite 100 South Bend, IN 46601 RE: Special Exception Use and Variance of Developmental Standards Telecommunications Facility 3016 Portage Ave South Bend, IN 46628 Township: Portage Zoning Classification: Single Family To the Honorable Board: W W W.TELECOMPARK.COM T+574.233.1296 F +574.232.4609 Charles S. Hayes Inc. (Hayes) is hereby applying for a Special Exception Use and a Variance of Developmental Standards to construct a 195' (200' overall) telecommunications facility on property classified SF 1. The property is located at Portage Manor, a facility owned by St. Joseph County at 3016 Portage Ave. The Variance of Developmental Standards is as follows: 1) From the required hard surface access to a gravel drive. 2) From required landscaping to no landscaping as it is located in a wooded area with agricultural surroundings. Lcgal Description That property known as Portage Manor. With the legal description being: 113.89Acs E Portage Ave Less 1.269 Acs + -to City for Portage Av Imprvmnt Proj 112.621 Ac +- 08/09 split to city for street 474QCD 3 -20- 07. Pro4ect.Description The project will include a 195' high (200' overall) monopole type radio communications tower, various equipment shelters, equipment platforms, generators and related equipment. Yours truly, `t' %A£ A' /Qz Anne Hayes Vice President Charles S Hayes Inc. INFRASTRUCTURE FOR THE TELECOMMUNICATIONS INDUSTRYn GENERAL STANDARDS FOR SPECIAL EXCEPTION USES 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The Special Exception Use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because the compound will be securely fenced and no dangerous materials or equipment will be used at the site. 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed project is supported by the administrators and board members of Portage Manor. The tower will be located in an area away from the Portage Manor residence building and surrounded by trees. 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The proposed tower will be located in a wooded area approximately 850 feet from Portage Avenue. 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan because it will not place demands on public services and facilities in excess of current capacity because no sewer or water or other public services are required at the site, and adequate electric service is available. The facility is necessary to further develop existing and new wireless networks. urx. Joseph County, Indiana 125 South Lafayette Blvd. Suite 100 South Bend, Indiana 46601 RE: Support for telecommunications tower at Portage Manor Dear Board Members; Please be advised that Charles S. Hayes Inc. has been directed to represent our interest at the BZA meeting at which this petition is to be considered. Sincerely, �D. - , OAt&4 LV 4�C.f✓1/ 0 •Y'G9G' oxCar�e C? rrorwe • G cv % >r% rd <'aruc MON • (S 7G) X'9.P -9100 • 6& J'�774) s77- ..f /rR6 Exhibit A. Exhibit B. Service Plan Site Plan Table of Contents Exhibit C. Aerial View of all Properties within 300' of Property in Petition and Names and Addresses of Property Owners within 300' of Property in Petition Exhibit D. Copy of Notice to Adjacent Property Owners & Copy of Notice of Public Hearing for Publication Exhibit E. City Map of Towers within One Mile and City Map of all towers Exhibit F. FAA Application Exhibit G. Color photo simulations EXHIBIT A WIRELESS TELECOMMUNICATIONS FACILITY SERVICE PLAN FOR ST. JOSEPH COUNTY 01 July 2015 The Petitioner, Charles S. Hayes Inc., is seeking a Special Exception Use to allow for a 195'(200' overall) monopole -type telecommunication tower and equipment buildings on property classified SF 1. Hayes also seeks a Variance of Developmental Standards for the proposed tower, from a hard surface access drive to a gravel access drive, and from landscaping to no landscaping. Reason or need: Charles S. Hayes Inc. has a longstanding history in St. Joseph County for communication infrastructure through ownership, construction and management of radio communication facilities. The company's goal is to minimize the proliferation of towers in the community while maximizing the number of various types of carriers on them. The need for a variety of carriers in an area, demand for cellular phone minutes and the explosive growth in usage of data transmission will only increase with the continued request for services in the City of South Bend. Hayes feels this site will be optimal for wireless and internet carriers. Nature of any existing wireless communication facilities sites: There are no existing wireless communication facilities located within a one mile radius of the proposed site. Please refer to the "TOWERS WITHIN ONE MILE" map included in the application. Manner in which the proposed placement will adhere to the St Joseph County Telecommunications Policy: The proposed 195' (200'overall) monopole -type structure will facilitate wireless communication services to residents and businesses of South Bend. The tower will be located over 800' from Portage Avenue, will be surrounded by a wooded area, and will not require lighting. The use and value of the adjacent area will not be affected in a substantially adverse manner. Rather, the value of the surrounding property and community increases with the availability of high quality radio communication services that provide for new technologies and improved emergency services. M, POWER AND TELCO PROPOSED GRAVEL ACCESS DRIVE 20' WIDE GATE 3016 SOU' ST. 6' CHAIN LINK F 4)12' X 41 OR P1 :y . . . . . . . . . . . . . .......... Y4 .1 7 W1,11-01, 1. I dd.; - i W, rl :y . . . . . . . . . . . . . .......... Y4 .1 7 W1,11-01, 1. 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 Fax: (574) 235 -5541 NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that a public hearing will be held by the Board of Zoning Appeals of the City of South Bend, on Wednesday, the I" day of July, 2015, at 1:30 p.m. in the Council Chambers on the 4`h Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana, A petition is on file by Charles S. Hayes Inc. 814 Marietta Street South Bend, IN 46601 SEEKING: A Special Exception Use and a Variance of Developmental Standards to construct a 195' (200' overall) telecommunications facility on property classified SF The Variance of Developmental Standards is as follows: 1. From the required hard surface access to a gravel drive. 2. From required landscaping to no landscaping as it is located in a wooded area with agricultural surroundings. ON PROPERTY COMMONLY DESCRIBED AS: Portage Manor: 3016 Portage Avenue, South Bend, IN 46628 Said public hearing will be held as authorized by the applicable zoning Ordinance and Chapter 138, Acts of 1957 of the General Assembly of the State of Indiana. As a property owner within the immediate appeal area, this notice is sent to you as a courtesy. Sometimes, for reasons beyond our control, property owners within the immediate area of the subject property will not receive a copy of this notice. If you know of someone who should have received notice but didn't please inform them of this hearing. Any persons desiring to oppose or support this petition will be heard at the time of the hearing. AREA BOARD OF ZONING APPEALS Carolyn A. Henry Secretary to the Board NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public hearing in the Council Chambers on the 4th Floor of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the I st day of July, 2015, at 1:30 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that was filed by: Charles S. Hayes Inc. 814 Marietta Street South Bend, IN 46601 SEEKING: A Special Exception Use and a Variance of Developmental Standards to construct a 195' (200' overall) telecommunications facility on property classified SF 1 on certain real estate in St. Joseph County, Indiana. The Variance of Developmental Standards is as follows: from the required hard surface access to a gravel drive, and from required landscaping to no landscaping as it is located in a wooded area with agricultural surroundings. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: Portage Manor: 3016 Portage Ave. South Bend, IN 46628 AND IS LEGALLY DESCRIBED AS: 113.89 Acs E Portage Ave Less 1.269 Acs + -to City for Portage Av Imprvmnt Proj 112.621 Ac+ -08/09 split to city for street 474QCD 3- 20 -07. Any person desiring to oppose or support said petition will be heard at that time. Dated this 3rd day of June, 2015 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND Carolyn A. Henry, Secretary to the Board TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary of the Board of Zoning Appeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, being at least ten (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of public hearing. DeLonne Street Atlas USAG 2011 TOWERS WITHIN 1 MILE��'"8* rn DR I I 0 �tlayas Proposed lower! w PinhookPa* Data use subject to Ucense. Scale 1 :icNo—To --% 0 DeLone, DeLorme StreetAUas USAO 2011. *L - e .1 w .ileiormexom I" = 1,6DD.0 It Data Zoom 134 ti ME m 0 m B ul L- t; C) 0 M o E E 0 C* N r. C%l I $ 4u,. , I Y, 0 lit Oqo LL N ILJ CD 75 .2 N E E 0 a 0 O • Oqo LL N ILJ CD 75 .2 N E E 0 a 0 O S 0 Federal Aviation Administration Notice of Proposed Construction or Alteration -Off Airport Add a new Case Off Airport - Desk Reference Guide v 20151 0 Add a New Case OH Airport for Wind Turbines - Mel Towers, Desk Reference Guide V_2015 1 0 Prgtect Name: CHARL- 000328479 -15 Case Status ASR: 7015- AGL9073 -Ot Status; Work In Progress pubMC Wmments: None Sponmr- Charles S. Hayes Inc. Details for Case: Portage Manor Show Project Summary Construction / Alteration Information NOHotl Oh Coraini'Ren Duration: Permanent If temporary: Months: Days: Work Schedule - Start: Work Schedule - End: 'For hwAPmary crones -Does the permanent structure requhre Separate notice to the FAA? TO find out use the Notice Criteria Tool. Ifseparate notice is required, please ensure It (a riled. If It Is not filed, please state the reason in the Demiption of proposal. Stale Filing: Structure Delalls 05129/2015 letltuda 41° 43' 6.90. N LORIAlude: 96` la' 49.00" W Hgrironhn Datum: NADA3 Site Elevation (SE): 733 (nearest foot) Structure Height (AGL): 200 (Reliant foot) Current Height (AGL): (nearest fool) For notice of alterati0n 0r existing provide the current ThH H a (om.nlcaaon Molloy AGL height of the existing'tructure. designed to acmmo0ate various Include details In the Description of Proposal 44mmpmratlon needs. A 195 Minimum Operating Height (AGL): (nearest foot) + For aeronautical study of a crane or mnstruclion equipment son the maximum height Should be listed above as the Opt Structure Height (AGL). Aedltfpna /ly provide the minimum Sad, 'Posting height to avoid dolly' If Impacts are identified that Vii require negotlatlon to a reduced height If the Structure Height y And minimum operating height are the same enter the same O11 vpluv In bell, Huila. 35es Nacelle Height (AGL): (nearest raN) F For Wind Turbines S00feAGL or greater ism Requested MarklnB /L19MIng: MAE Other; 17 Recommended Marking /Lighting: 05129/2015 Current Marking /Lighting: N/A Proposed Structure Other: None Nearest City: SouW bend Nea.eaa stun.: Indiana Description of Location: Iii., wRud b , located .13016 On the Project SUmmerypage upload any cortiNed survey. POnage AVe, South Band, IN Description of Proposal: ThH H a (om.nlcaaon Molloy A5l designed to acmmo0ate various MN 44mmpmratlon needs. A 195 WA "no" tower IS proposed. OrAt Previous Search Nut a Result Vale Accepted: 05129/2015 DOW O'Ni MA 0d: W Laftere' None Docia Bout None ecru Protect Documents: nw NOna Structure Summary Structure Ty0e: Antenna Tower Structure Name: Portage Manor Fa "TAN: NPTAM Number FCC Nuemnn Prior ASR: Common Frequency Bands Law Dag NlghF" Raq unit W an eoc AW logo ecru ll t nw 108 eN AFO we 9N A5l ash MN 5u0 WA am rota son N4 Opt wu Sad, IN Vii Nr y 04 O11 NN 35es O11 032 W, ism ON 9115 hiN 17 9L 9,10 Nnr toes too W hill 35W 160 1010 m6 10N IeJO 1990 100 2Nd, 1]05 2110 HNr 26es 2145 236O Hill ).'YO Specific Frequencies e OE/AAA FOP UNI W W W W W W W W W dBW W W W W W W LAWRENCE P. MAGLIOZZI C EX f. C U 1 Vf DIRECTOR Angela M. Smith b"-., Di........ AREA PLAN COMMISSION OF ST.JOSEPHCOUNTY, IN 117 IV. JEFFERSON BLVD., R0OAJ 1140 COUN'T'Y -C1T 1' BUILDING, SOUTH BEND, INDIANA 46611 (5 7 4) 135 9591 June 24, 2015 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning items to be heard at the Area Board of Zoning Appeals meeting on Wednesda,JJuly, 1 2015, The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances(IC 36 -7 -4 -918. S) A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of ZoningAppeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health; safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, and, (3) The strict application of the terms of this Chapter would result in practical dculties in the use of the property. 1. Petition of Mark A. Tarner Staff recommends denial of the variances. The staff does not see any practical difficulties present on the site that would require the structure to be placed 3' from the property line. There appears to be more than sufficient room on the site to place the garage at the required setback. It is the staff's opinion that the combination of the height of the proposed structure and its proximity to the property line may compromise the full use and enjoyment of the adjacent property owner's backyard. The proposed structure would be approximately the same height as the adjacent house. Staff agrees with the petitioner that carriage houses had a second story, but disagrees that this is typical for this neighborhood. The staff further notes that the layout of the second story would be defined as a dwelling unit. A second dwelling unit is not permitted without a special exception. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W, s T 10 5 I PH C 0 US T Y 1 N D I ANA DO 1 , A PFAPLAN 2. Petition of Jose A. and Lydia Pedraza Staff recommends denial of the variance. The County Council is currently considering amending the County Zoning Ordinance to allow domestic chickens to be raised on residential lots of less than 5 acres. The intent of the regulation would be to enable residents to responsibly keep a small number of chickens on a non - commercial basis while limiting the potential adverse impacts of the surrounding properties.The County Health Department would recommend the following requirements be included in any ordinance revision: • a minimum of 2 acres; • a limit of 6 birds per 2 acres; • weekly cleaning of pens and coops; • weekly manure removal; • no storage of manure on site; • no application of manure on site; • 50' setback for all pens and coops; In addition, staff would likely recommend that the ordinance only allow hens and not allow roosters. Guidelines for the management of livestock exist not only for nuisance control, but also to prevent the spread of disease. Staff observed approximately 45 coops placed along the property line of the nearest residential neighbor. Approximately 48 roosters and 0 hens are on premise. Based on the standards the County may consider, this property would not be allowed chickens, since it only has 1.41 acres, and has only roosters and no hens. 6. Petition of Sidney A. and Nancy J. Shafer if the variance is granted, staff recommends it be subject to the remainder being platted as an outlot on a recorded subdivision. 7. Petition of Donald F. and Barbara E. Stuber If the variance is granted, staff recommends it be subject to the remainder being platted as an outlot on a recorded subdivision. S. Petition of Somachini North America, LLC Staff recommends denial of the parking island variance. There is no practical difficulty for this variance. Ample room exists for the petitioner to build the landscaped parking islands that the ordinance would require. Special Exception / Special Use A special exception use /special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that.. (I) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W ST I 0 S E PH C 0 U N T Y I NOIA NA.<OM /A0.E A P L A N 9. Petition of Toddler House, LLC Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with an unfavorable recommendation. The staff recommends that the parking variance be denied. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. Increased traffic to this residential neighborhood, especially multiple times a day, is in the staff's opinion, an inconvenience to, and affects the general welfare of the neighborhood. The petitioner states that she cares for the children of 12 families and employs 3 people, not including herself. Outside of the one -car garage (which is accessed from the alley) there is only enough space for one car to park. It is not clear to the staff where the care - providers park, or where and how the pick -up and drop -off occurs without a disruption to the adjacent residences. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The operation of a business in a single - family neighborhood may reduce the value of surrounding residential properties. Surrounding properties may be negatively affected by any additional traffic and by any persons parking on or in front of their property several times a day. (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 current and proposed use is not consistent with the character of the area. This business, operated out of a residential structure that is not owner - occupied, is operating within the North Shore Triangle Neighborhood, which consists almost exclusively of single-family homes. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The current and proposed use is not consistent with the comprehensive plan (City Plan, 2004). Goal J: Encourage sustainable growth that preserves and enhances the character of South Bend and ensures compatibility of land uses in the community. The Future Land Use Map identifies this area for low and medium density residential, 10. Petition of Michael Branch Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use will be located in a building previously occupied by an engineering firm. The industrial building is now vacant. The low- impact use would not be injurious to the public. The site is designed to accommodate the amount of traffic the proposed use would generate. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use will not affect the surrounding uses or property values. The site is located within a planned industrial park, with more intense uses surrounding it. Required parking for this use is based on square footage of the building. Six batting cages will occupy a large amount of floor area, but only allow for several users. The proposed 16 parking spaces will be sufficient to serve the baseball training facility, whereas the required 80 spaces would pose a practical difficulty. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSH nun W w w. si 10 s E PH C O U N T YI U O i A H A.c o n. A F I A P L nN (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use will be consistent with the character of the area. All properties within 1000' of the site are zoned LI Light Industrial District and are occupied by various commercial and industrial entities. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the comprehensive plan (City Plan, 2004). Objective ED 1.2: Encourage reuse of abandoned and underutilized land and structures, and Objective ED 2: Retain existing businesses and attract new ones to the city. The Future Land Use Map identifies this area for light industrial development. 11. Petition of Charles S. Hayes Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, , safe comfor, ty r t communi mo a I standards, convenience or general welfare. ty The proposed use will not be injurious to the public. The proposed location of the cell tower is near the center of a 123 acre parcel. The parcel primarily consists of agricultural fields and mature deciduous forest. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use will not affect surrounding uses or property values. The nearest off -site residential structure is over 1000' away. The absence of the required landscaping would not be relevant to any adjacent users since the base of the tower will be surrounded by mature trees on three sides, and shielded from Portage Avenue by the rear of Portage Manor's service buildings. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is consistent with the character of the area. The low density use of the large parcel is conducive to the placement of a cell tower. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the comprehensive plan (City Plan, 2004). Objective ED 2.5: current and future business needs. Support the development and enhancement of telecommunications infrastructure that serves Sincerely, �' 4~ Matthew PI�Chappuies, Planner SERVING ST. JOSEPH COUNTY, SOUTH 'END, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.$ 7 f D S L PH C O N N I Y N D A N A. C D M I A RE A P L AN AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 July 2, 2015 The Honorable Common Council South Bend Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception Charles S. Hayes, Inc. ABZA 7/1/15 Dear Council Members: The above referenced petition of Charles S. Hayes, Inc. was legally advertised on June 11, 2015. The Area Board of Zoning Appeals gave it apublic hearing on July 1, 2015, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and by a unanimous vote, the petition for Special Exception to allow a telecommunications tower in a "SFI" District, on property located at 3016 Portage Ave., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Since���� Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION OF CHARLES S. HAYES INC. SPECIAL USE AREA BOARD OF ZONING APPEALS FINDINGS OF FACT L THE PROPOSED SPECIAL USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: this property. Conditions on the property predate the Zoning Ordinance, which creates a different condition for 4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS or REVISIONS: DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this I ST Day of JULY, 2015. YES NO El MICHAEL URBANSKI © GERALD PHIPPS ABSENT RANDALL MATTHYS © BRENDAN CRUMLISH FXI KATHYSCHUTH Im JACK YOUNG M ROBERT HAWLEY vstm iF� RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 4085 Meghan Beeler Court WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 4085 Meghan Beeler Court in order to permit recreational use for a batting & pitching facility in a "LI" District. SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION HI. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; I The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESERTFU NOT APP&O ADOPTFA Member of the Common Council Filed in Clerk' Office E SUN 0 4 2015 E JOHN wC) +r 17LY CITY CLERK, SOUTH SEND, IN Petition before the Area Board of Zoning Appeals I am seeking a Special Exception to allow a recreational use for a batting & pitching facility in a "LI" District as the strict application of the zoning ordinance does not allow for this activity. I am also seeking a parking variance from the required 80 spaces to the available 16 spaces. The property is 4085 Meghan Beeler Court, South Bend, IN 46628. This property is currently zoned "LI ", has 16 parking spaces and is located in the City of South Bend. The petitioner is Michael Branch (buyer) who has made an offer to purchase the property from Steven Kubsch (seller). Petitioner / buyer information is as follows: Michael Branch 2099 East Clear Lake Road Buchanan, MI 49107 #269- 695 -6379 (home) #269 - 208 -3105 (cell) The proposed use of the property is to create an indoor baseball training facility. The business plan is to draw both adults and youth to the facility to both entertain and educate as it relates to the game of baseball. The required 80 parking spaces would cause practical difficulties as additional paving would be required. I believe that the 16 currently available spaces will be more than adequate for the business because, per the site plan, we will only have 6 batting /pitching cages which will limit the number of patron vehicles that would be present at one time to 6 plus 2 to 3 spaces for employees. Therefore, the 21 available spaces will easily accommodate both patrons and employees at any given time. It should be noted that the "open" space on the site plan is for cage observation only and any people occupying that space would be in the same vehicle as the patron in the cage. I believe the proposed baseball training facility will not be injurious to the public health, safety, comfort, moral standards, convenience or general welfare of the community as all activities will be conducted inside the building. This business will not create any noise, odor or visual obstructions for anyone in the area. I believe the proposed baseball training facility will not injure or adversely affect the use of the adjacent area or property values therein mainly for the reasons outlined above. In fact, I think this facility will have a very positive effect on the surrounding area. This business will draw people from both Northern Indiana and Southwest Michigan to this part of South Bend which will benefit the shopping and dining establishments located nearby. it should also be noted that our business hours will be 3:00pm to 8:00pm on weekdays and 10:00am to 6:00pm on weekends so will have very little impact on the properties nearby. I believe the proposed baseball training facility will be consistent with the character of the district in which it is located and the land uses authorized therein. As part of the business plan I have visited similar facilities in Chicago, Detroit and New Jersey and without exception they are located in light industrial districts mainly because of the building requirements to conduct this type of activity (high ceilings with warehouse type wide open space). There are also smaller athletic training facilities located locally that operate in similar surroundings. Finally, I believe that the proposed baseball training facility will be compatible with the recommendations of the City of South Bend Comprehensive Plan. TVaea our con 'deration. G> °' ' t Si �� 35 % -6 Z 66 44' '; $ /�r✓a /SQ��' S z. w•) (fl ..� y sf x s 0 14t $ w m ^ ,t• F X k A, .. _ 4 i S � 1�S 5 & m.0. � <• ! 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Smith D ,.pury 1)Ir —,., AREA PLAN COMMISSION OF ST.JOSEPHCOUNTY, IN �.. ,,, ycrrz An UN BLVD , ROOM I I4B CUUN'r Y.CI11 BUILDING, SOUTH BEND, INDIANA 46601 (S 74 ) 135 -9571 June 24, 2015 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, July 1, 2015. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request, Variances(IC 36 -7 -4 -918. S) A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical d�culties in the use of the property. 1. Petition of Mark A. Tarner Staff recommends denial of the variances. The staff does not see any practical difficulties present on the site that would require the structure to be placed 3' from the property line. There appears to be more than sufficient room on the site to place the garage at the required setback. It is the staff's opinion that the combination of the height of the proposed structure and its proximity to the property line may compromise the full use and enjoyment of the adjacent property owner's backyard. The proposed structure would be approximately the same height as the adjacent house. Staff agrees with the petitioner that carriage houses had a second story, but disagrees that this is typical for this neighborhood. The staff further notes that the layout of the second story would be defined as a dwelling unit. A second dwelling unit is not permitted without a special exception. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W ST 10 5 L PH C O U N T Y IN B I p N,L 1 0 1 1 A q I A P L A N 2. Petition of Jose A. and Lydia Pedraza Staff recommends denial of the variance. The County Council is currently considering amending the County Zoning Ordinance to allow domestic chickens to be raised on residential lots of less than 5 acres. The intent of the regulation would be to enable residents to responsibly keep a small number of chickens on a non - commercial basis while limiting the potential adverse impacts of the surrounding properties.The County Health Department would recommend the following requirements be included in any ordinance revision: a minimum of 2 acres; a limit of 6 birds per 2 acres; • weekly cleaning of pens and coops; • weekly manure removal; no storage of manure on site; • no application of manure on site; 50' setback for all pens and coops; In addition, staff would likely recommend that the ordinance only allow hens and not allow roosters. Guidelines for the management of livestock exist not only for nuisance control, but also to prevent the spread of disease. Staff observed approximately 45 coops placed along the property line of the nearest residential neighbor. Approximately 48 roosters and 0 hens are on premise. Based on the standards the County may consider, this property would not be allowed chickens, since it only has 1.41 acres, and has only roosters and no hens. 6. Petition of Sidney A. and Nancy J. Shafer If the variance is granted, staff recommends it be subject to the remainder being platted as an outlet on a recorded subdivision. 7. Petition of Donald F. and Barbara E. Stuber If the variance is granted, staff recommends it be subject to the remainder being platted as an outlet on a recorded subdivision. S. Petition of Somachini North America, LLC Staff recommends denial of the parking island variance. There is no practical difficulty for this variance. Ample room exists for the petitioner to build the landscaped parking islands that the ordinance would require. Special Exception / Special Use A special exception use /special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. ST I 0 E E PH C 0 U N T Y I N ES I A N A.0 O H IA RE A P L AN 9. Petition of Toddler House, LLC Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with an unfavorable recommendation. The staff recommends that the parking variance be denied. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. Increased traffic to this residential neighborhood, especially multiple times a day, is in the staff's opinion, an inconvenience to, and affects the general welfare of the neighborhood. The petitioner states that she cares for the children of 12 families and employs 3 people, not including herself. Outside of the one -car garage (which is accessed from the alley) there is only enough space for one car to park. It is not clear to the staff where the care - providers park, or where and how the pick -up and drop -off occurs without a disruption to the adjacent residences. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The operation of a business in a single - family neighborhood may reduce the value of surrounding residential properties. Surrounding properties may be negatively affected by any additional traffic and by any persons parking on or in front of their property several times a day. (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 current and proposed use is not consistent with the character of the area. This business, operated out of a residential structure that is not owner - occupied, is operating within the North Shore Triangle Neighborhood, which consists almost exclusively of single - family homes. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The current and proposed use is not consistent with the comprehensive plan (City Plan, 2004). Goal J: Encourage sustainable growth that preserves and enhances the character of South Bend and ensures compatibility of land uses in the community. The Future Land Use Map identifies this area for low and medium density residential. 10. Petition of Michael Branch Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, The proposed use will be located in a building previously occupied by an engineering firm. The industrial building is now vacant. The low- impact use would not be injurious to the public. The site is designed to accommodate the amount of traffic the proposed use would generate. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use will not affect the surrounding uses or property values. The site is located within a planned industrial park, with more intense uses surrounding it. Required parking for this use is based on square footage of the building. Six batting cages will occupy a large amount of floor area, but only allow for several users. The proposed 16 parking spaces will be sufficient to serve the baseball training facility, whereas the required 80 spaces would pose a practical difficulty. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W w ST 10 5 e P u C 0 v m r r i v o i A g e C O M I A A[ A P L A N (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use will be consistent with the character of the area. All properties within 1000' of the site are zoned LI Light Industrial District and are occupied by various commercial and industrial entities. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the comprehensive plan (City Plan, 2004). Objective ED 1.2: Encourage reuse of abandoned and underutilized land and structures, and Objective ED 2: Retain existing businesses and attract new ones to the city. The Future Land Use Map identifies this area for light industrial development. 11. Petition of Charles S. Hayes Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use will not be injurious to the public. The proposed location of the cell tower is near the center of a 123 acre parcel. The parcel primarily consists of agricultural fields and mature deciduous forest. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use will not affect surrounding uses or property values. The nearest off -site residential structure is over 1000' away. The absence of the required landscaping would not be relevant to any adjacent users since the base of the tower will be surrounded by mature trees on three sides, and shielded fi•om Portage Avenue by the rear of Portage Manor's service buildings. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is consistent with the character of the area. The low density use of the large parcel is conducive to the placement of a cell tower. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the comprehensive plan (City Plan, 2004). Objective ED 2.5: Support the development and enhancement of telecommunications infrastructure that serves current and future business needs. Sincerely, Matthew P happuies, Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W ST 10 S E PH C 0 V N T Y I N D I A N A.[O H I AP EA V L AN AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 July 2, 2015 The Honorable Common Council South Bend Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception Michael Branch ABZA 7/1/15 Dear Council Members: The above referenced petition of Michael Branchwas legally advertised on June 18, 2015. The Area Board of Zoning Appeals gave it apublic hearing on July 1, 2015, at which time the following actionwastaken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and by a unanimous vote, the petition for Special Exception to allow a recreational use for a batting & pitching facility in a "LP' District, on property located at 4085 Meghan Beeler Court, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION OF MICHAEL BRANCH SPECIAL USE AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED SPECIAL USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS or REVISIONS: DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 1 ST Day of JULY, 2015. YES NO ❑x MICHAEL URBANSKI GERALD PHIPPS ABSENT RANDALL MATTHYS Q BRENDAN CRUMLISH ❑x KATHYSCHUTH © JACK YOUNG ❑x ROBERT HAWLEY RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 430 PARKOVASH AVE WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 430 PARKOVASH AVE in order to permit A CHILD CARE CENTER IN A "SF2" DISTRICT SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: Emily James Sandock, Toddler House LLC 1250 Belmont Avenue South Bend, IN 46615 mkatish0hotmail.com 574 - 339 -2071 RE: Home at 430 Parkovash, South Bend IN, St. Joseph Township. Petition seeking a Special Exception to allow a daycare center in a "SF2" District and a variance from the required 5 parking spaces to 2. Hello, My name is Emily James Sandock, and I(as my LLC, Toddler House) own a home at 430 Parkovash, where I provide Montessori -based home childcare for infants and toddlers. I'm writing to seek your support in my petition for a special exception to permit me to continue my home child care program in this location, but defined as a daycare center under the city's definition. When I began my childcare program in Oct. 2013, licensed by the state of Indiana as a home childcare, I did not know that there was a zoning ordinance that defines a home childcare as one that operates out of a home in which the teacher /childcare provider resides. This is not a requirement for licensure by the state of Indiana. The special exception that I am seeking from the city would allow me to continue to provide home childcare, but defined as a day care center. I will continue to be licensed by the state as a home child care program, and continue to provide care and a Montessori program and environment for no more than 12 infants and toddlers. I will not be changing my Parkovash home in any way; it's perfect as is (though I hope to expand our gardens!) I believe that my childcare, Little House Montessori in no way negatively impacts the health, safety, comfort, moral standards, convenience, or general welfare of our area. We serve 12 local families, many who live in this and nearby city neighborhoods. These families are all 2 income, hard working families (employers include the City of South Bend, Notre Dame, a local home builder, and several in the medical field) who enjoy that we operate out of a home that retains its "home" atmosphere, while the space is 100 percent dedicated to the babies. We will not harm the character of the district, as I work hard to maintain a beautiful front flower garden, have no sign for my childcare, and will not be adding or changing the layout of the home. I believe that we do not take away from the value of our neighbors properties in any way. I firmly believe we add value to the area as we take great pride in the property and provide a high quality, much needed service. We also support the community by exclusively serving foods purchased through the South Bend Farmers Market and the Purple Porch Co -op. As a single mom of 3 girls, I am proud to be able to support my family through my childcare and employ 3 other local women at a wage higher than I've ever earned in my 16 years working in Early Childhood education here in South Bend. Our use is compatible with the recommendations of the City of South Bend Comprehensive Plan. I very much appreciate your support of this petition so that I can continue to offer the highest quality of Montessori - inspired, loving care to young children in my beautiful home in this neighborhood. Thank you! Emily James Sandock mkatish0hotmail com 574 - 339 -2071 WSW va XQ SYS lot j I 1 W-1 oil InG E, It. W R 77, g i VVII-I "AW, M 't I Ma as 7 i0lg W-0 INK two jk7l 1-3M ism - e'z W 047; inn IN 4, A Wj Rif 'e 4-5., 1%, 18- 5128 -4527 Parcel Variance Adj. Owners 018 - 512811530 71- 08-02- 233 - KERNS -418 Parkovash South Bend IN 46617 005.000 -026 ELIZABETH M Ave 018 -5128 -4531 71 -08 -02 -233- BREWER ANNE 1214 Woodward South Bend IN 46617 006.000 -026 M Av 618 -5128 -4532 71 -08 -02 -233- BRISTOW 410 Parkovash South Bend IN 46517 007.000 -026 NATHANIEL AND PASTERNAK LAINEY 018- 5128 -4533 71 -08 -02 -233- FRICK 406 Parkovash South Bend IN 46617 008.000 -026 KENNETH AND CARY 018 -5128 -4550 71 -08 -02 -233- MCGOWAN 401 4th Ave SE Saint Joseph M 56374 019.000 -026 PATRICK L Apt 339 018 - 5128 - 4551 71 -08 -02 -233- DINSMAN 421 Tonti St South Bend N IN 46617 020.000 -026 JOSHUA E & MELISSA L 018 -5128 -4552 71 -08 -02 -233- ALFONSO 417 Tonti South Bend IN 46617 021.000 -026 ANTONIO AND ANN MARIE ALFONSO FOREOJTWROS 018-5128-4553 71 -08 -02 -233 BROCKIE 413 Tonti St South Bend IN 46617 022.000 -026 ROBERT B 018 -5128 -4554 71- 08 -02- 233 - VENTER ANRE . 409 Tonti St South Bend IN 46617 023.000 -026 & CHRISTINE M 018 -5128 -4555 71 -08 -02 -233- LINARELLO 405 Tonti St South Bend IN 024.000 -026 DAVID R 46616 018 -5128 -4556 71 -08 -02 -233- MCMAHON 401 Tonti South Bend IN 025.000 -026 ROSE 46617 018 -5128 -4557 71 -08 -02 -233 - JAGLA MARY 341 Tonti South Bend IN 026.000 -026 JANE AND 46617 ROBERTSON '018 REBECCA - 5129 -4571 71 -08-02 -234- NOBLE 1130 Iroquois South Bend IN 46617 002.000 -026 JONATHAN S 018 -5129 -4572 71 -08 -02 -234- LOGAN DAVID 905 White Oak South Bend IN 003.000 -026 R Dr 46617 018-5129-4574 71-08-02-234- PARROQUIN 412 Tonti St South Bend IN 46617 004.000 -026 RACHEL M 018 -5129- 4576 71 -08 -02 -234= CORNWALL 408 Tonti South Bend IN 005.000 -026 VERNON L. 46617 AND JANICE A. 018 - 5129 -4577 71 -08-02 -234- SHAWHAN 346 Tonti St South Bend IN 006.000 -026 SUSAN M 46617 Pagel of 4 U14.000 -o26 MATTHEW R 018 - 51354863 71 -08 -02 -229- ADU ISAAC & 1115 Iroquois South Bend IN 46617 012.000 -026 SERWAH HELENA AS JOINT TEN W /ROS NOT AS TIC 018 - 5128 -4534 71- 08 -02- 233 - RILEY BOBBY A 402 Parkovash South Bend IN 46617 009.000 -026 Ave 018 - 5128 -4535 71 -08 -02 -233. WALKER 344 Parkovash South Bend IN 46617 010.000 -026 MELBA L & Ave LEAH MAE 018- 5131 -4731 71 -08 -02 -227- LUNDQUIST 513 Parkovash South Bend IN 46617 025.000 -026 NORMA J Av 018 - 5138 -5055 71 -08 -02 -232- PHAUP KEVIN 428 Ostemo Place South Bend IN 46617 002.000 -026 BRANDON AND RACHEL MARIE 018 -5138 -5056 71 -08 -02 -232- SLOTT BARRY 424 Ostemo PI South Bend IN 46617 003.000 -026 EUGENE & KATHY A 018- 5138 -5057 71- 08 -02- 232 - WILLIAMS 420 Ostemo Place South Bend IN 46617 004.000 -026 ANDREW J 018 - 5138 - 5059 71 -08 -02 -232- PENNING 1220 N Lafayette South Bend IN 46617 006.000 -026 ANTHONY F Blvd 018 - 5138 -5060 71- 08 -02- 232 - RIDENOUR 1319 N VanDom Alexandria VA 22304 007.000 -026 JOSHUA A AND AMANDA M 018 - 5138 -5061 71- 08 -02- 232 - KILBASE 404 Ostemo South Bend IN 46617 008.000 -026 RICHARD C 018 - 5131 -4722 71 -08 -02 -227- FAZIO DAVID J 506 Ostemo PI South Bend IN 46617 016.000 -026 & CARMA W 018 - 5131 -4723 71 -08 -02 -227- VAN HULLE 1235 Iroquois St South Bend IN 46617 017.000 -026 WILLIAM CJR 018 -5138 -5054 71 -08 -02 -232- ROCK JOHN S & 432 Ostemo PI South Bend IN 46617 001.000 -026 RUTHANN 018- 5131 -4730 71 -0 &'02 -227- CAPARELL 519 Parkovash South Bend IN 46617 024.000 -026 GUST & MARTHA G 018 - 5135 -4873 71- 08- 02 -228- RINEHART 1205 Iroquois South Bend IN 46617 007.000 -026 SCOTT AND KAREN SEE TRANSFER NOTE 018 -5135 -4872 71- 08- 02 -228. HAASE JOSEPH 509 Marquette South Bend IN 46617 006.000 -026 C 018 - 5135-4869 71-08-02228- WILFORD 520 Parkovash South Bend IN 46617 001.000 -026 NANCI L Ave Page 2 of 4 018 - 5135 -4874 71 -08- 02 -228- 002.000 -026 018 - 5128 -4526 71- 08- 02 -233- 001.000 -026 018 - 51284527 71- 08- 02 -233- 002.000 -026 018 - 51284528 71- 08- 02 -233- 003.000 -026 018 - 5128 -4529 71- 08- 02 -233- 004.000-026 018 -5131 -4721 71- 08 -02 -227- 015.000 -026 018 - 51294575 71- 08- 02 -234- 015.000 -026 018 - 5135 -4861 71- 08- 02 -229- 011.000 -026 018- 5135 -4859 71- 08- 02 -229- 010.000 -026 018 -5129 -4570 71- 08- 02 -234- 018 -5135 -4870 71- 08- 02 -228- 005.000 -026 018-5131 -4732 71- 08- 02 -227- 026.000 -026 ..i "a 508 Parkovash South Bend AND BICKEL JOSEPH A SEE TRANSFER' NOTE WILLIAMS 434 Parkovash South Bend CATHERINE F TODDLER 1250 Belmont South Bend HOUSE LLC Ave THE THE HOUSING 501 S Scott St South Bend AUTHORITY OF THE CITY OF SOUTH BEND IN SNYDER 422 Parkovash South Bend KIMBERLYJ ABRAHAM .516 Ostemo P1 South Bend MARVIN C AND SHIRLEY N CURRY 425 Wakewa Ave South Bend MATTHEW R KING ALISSA J 506 Marquette South Bend PELC 3134 Almeria St San Pedro CHRISTOPHER E AND KATHERINE A PELC TIC NOBLE 1130 Iroquois South Bend JONATHAN S & ZHANGXIN POLKOWSKI 518W Marquette South Bend MARY C PENNINO 433 Tonti South Bend RICHARD J UCHMAN 15584 Cedar Granger JEFFREY P Cove CAPDEVIELLE 511 Marquette South Bend MATTHEW ELIZABETH ROEMER 507 Parkovash South Bend SHIRLEY M AS TRUSTEE OF SHIRLEY M ROEMER 1998 REVOC TRUST Page 3 of 4 IN 46617 IN 46617 IN 46615 IN 46601 IN 46617 IN 46617, IN 46617 IN 46617 CA 90731 IN 46617 IN 46617 IN 46617 IN 46530 IN 46617 IN 46617 001.000 -026 018 -5135 -4857 7 71- 08- 02 -229- 009.000 -026 018 - 51284548 7 71- 08- 02 -233- 017.000 -026 018 - 5128 -4549 7 71- 08- 02 -233- 018,000 -026 018-5131 -4732 71- 08- 02 -227- 026.000 -026 ..i "a 508 Parkovash South Bend AND BICKEL JOSEPH A SEE TRANSFER' NOTE WILLIAMS 434 Parkovash South Bend CATHERINE F TODDLER 1250 Belmont South Bend HOUSE LLC Ave THE THE HOUSING 501 S Scott St South Bend AUTHORITY OF THE CITY OF SOUTH BEND IN SNYDER 422 Parkovash South Bend KIMBERLYJ ABRAHAM .516 Ostemo P1 South Bend MARVIN C AND SHIRLEY N CURRY 425 Wakewa Ave South Bend MATTHEW R KING ALISSA J 506 Marquette South Bend PELC 3134 Almeria St San Pedro CHRISTOPHER E AND KATHERINE A PELC TIC NOBLE 1130 Iroquois South Bend JONATHAN S & ZHANGXIN POLKOWSKI 518W Marquette South Bend MARY C PENNINO 433 Tonti South Bend RICHARD J UCHMAN 15584 Cedar Granger JEFFREY P Cove CAPDEVIELLE 511 Marquette South Bend MATTHEW ELIZABETH ROEMER 507 Parkovash South Bend SHIRLEY M AS TRUSTEE OF SHIRLEY M ROEMER 1998 REVOC TRUST Page 3 of 4 IN 46617 IN 46617 IN 46615 IN 46601 IN 46617 IN 46617, IN 46617 IN 46617 CA 90731 IN 46617 IN 46617 IN 46617 IN 46530 IN 46617 IN 46617 PELC TIC NOBLE 1130 Iroquois South Bend JONATHAN S & ZHANGXIN POLKOWSKI 518W Marquette South Bend MARY C PENNINO 433 Tonti South Bend RICHARD J UCHMAN 15584 Cedar Granger JEFFREY P Cove CAPDEVIELLE 511 Marquette South Bend MATTHEW ELIZABETH ROEMER 507 Parkovash South Bend SHIRLEY M AS TRUSTEE OF SHIRLEY M ROEMER 1998 REVOC TRUST Page 3 of 4 IN 46617 IN 46617 IN 46615 IN 46601 IN 46617 IN 46617, IN 46617 IN 46617 CA 90731 IN 46617 IN 46617 IN 46617 IN 46530 IN 46617 IN 46617 ELIZABETH ROEMER 507 Parkovash South Bend SHIRLEY M AS TRUSTEE OF SHIRLEY M ROEMER 1998 REVOC TRUST Page 3 of 4 IN 46617 IN 46617 IN 46615 IN 46601 IN 46617 IN 46617, IN 46617 IN 46617 CA 90731 IN 46617 IN 46617 IN 46617 IN 46530 IN 46617 IN 46617 018 -5131 -4733 71- 08 -02- 227 - CRABILL C 1227Iroquois South Bend IN 46617 027.000 -026 MICHAEL & SHARON A 018 -5128 -4505 71- 08 -02- 232 - WEIRICH 435 Parkovash South Bend IN 46617 016.000 -026 RANDALL D AND STACEY A 018 - 5128 -4506 71- 08 -02- 232 - KUBIAK SUSAN 427 Parkovash South Bend IN 46617 017.000 -026 M Av 018 -5128 -4507 71 -08-02 -232- RYBAK ANN M 425 Parkovash South Bend IN 46617 018.000 -026 Av 018 - 5128 -4508 71- 08 -02- 232 - SYLVESTER 208 Maple Hill Auburn ME 04210 019.000 -026 MARY B Rd 018 - 5128.4509 71 -08 -02 -232- SYLVESTER 208 Maple Hill Auburn ME 04210 020.000 -026 MARY B Rd 018 -5128 -4511 71- 08 -02- 232 - WRIGHT 411 Parkovash South Bend IN 46617 022.000 -026 ROBERT H OR ESTHER L OF THE ROBERT H & ESTHER L WRIGHT REVOCABLE LIVING TRUST 018 -5128 -4512 71 -08 -02 -232- LAIBER 405 Parkovash South Bend IN 46617 023.000 -026 JENNIFER L 018 - 51284513 71 -08 -02 -232- PETERSON 52500 Briarcliff South Bend IN 46635 024.000 -026 KATHLEEN A Ln 018 -5128 -4514 71 -08 -02 -232- DERANEK RITA 343 Parkovash South Bend IN 46617 025.000 -026 L Page 4of4 q LAWRENCE P. MAGLIOZZI C E %li f.D 11 \'li DIR E<'TOR Angela M. Smith D,,u,y DI,,�lo- AREA PLAN COMMISSION OF ST.JOSEPHCOUNTY, IN 227 W. JEFFERSON' BLVD., ROOM 1340 COUNTY CI'T'Y BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 9571 June 24, 2015 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning items to be heard at the Area Board of Zoning Appeals meeting on Wednesday, July 1, 2015. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request. Variances(IC 36- 7- 4- 9I8.5) A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 1. Petition of Mark A. Tarner Staff recommends denial of the variances. The staff does not see any practical difficulties present on the site that would require the structure to be placed 3' from the property line. There appears to be more than sufficient room on the site to place the garage at the required setback. It is the staffs opinion that the combination of the height of the proposed structure and its proximity to the property line may compromise the full use and enjoyment of the adjacent property owner's backyard. The proposed structure would be approximately the same height as the adjacent house. Staff agrees with the petitioner that carriage houses had a second story, but disagrees that this is typical for this neighborhood. The staff further notes that the layout of the second story would be defined as a dwelling unit. A second dwelling unit is not permitted without a special exception. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W W W.ST) 0 S E PH CO V N T Y I N O I AN A. CO M I A REAP L AN 2. Petition of Jose A. and Lydia Pedraza Staff recommends denial of the variance. The County Council is currently considering amending the County Zoning Ordinance to allow domestic chickens to be raised on residential lots of less than 5 acres. The intent of the regulation would be to enable residents to responsibly keep a small number of chickens on a non - commercial basis while limiting the potential adverse impacts of the surrounding properties.The County Health Department would recommend the following requirements be included in any ordinance revision: • a minimum of 2 acres; • a limit of 6 birds per 2 acres; • weekly cleaning of pens and coops; • weekly manure removal; • no storage of manure on site; • no application of manure on site; • 50' setback for all pens and coops; In addition, staff would likely recommend that the ordinance only allow hens and not allow roosters. Guidelines for the management of livestock exist not only for nuisance control, but also to prevent the spread of disease. Staff observed approximately 45 coops placed along the property line of the nearest residential neighbor. Approximately 48 roosters and 0 hens are on premise. Based on the standards the County may consider, this property would not be allowed chickens, since it only has 1.41 acres, and has only roosters and no hens. 6. Petition of Sidney A. and Nancy J. Shafer If the variance is granted, staff recommends it be subject to the remainder being platted as an outlot on a recorded subdivision. 7. Petition of Donald F. and Barbara E. Stu her If the variance is granted, staff recommends it be subject to the remainder being platted as an outlot on a recorded subdivision. 8. Petition of Somachini North America, LLC Staff recommends denial of the parking island variance. There is no practical difficulty for this variance. Ample room exists for the petitioner to build the landscaped parking islands that the ordinance would require. Special Exception / Special Use A special exception use /special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.ST) 0 S F P w C 0 v u T v I N O i A N A. C O n, A REAP I AN (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use will be consistent with the character of the area. All properties within 1000' of the site are zoned LI Light Industrial District and are occupied by various commercial and industrial entities. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the comprehensive plan (City Plan, 2004). Objective ED 1.2: Encourage reuse of abandoned and underutilized land and structures, and Objective ED 2: Retain existing businesses and attract new ones to the city. The Future Land Use Map identifies this area for light industrial development. 11. Petition of Charles S. Hayes Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use will not be injurious to the public. The proposed location of the cell tower is near the center of a 123 acre parcel. The parcel primarily consists of agricultural fields and mature deciduous forest. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use will not affect surrounding uses or property values. The nearest off -site residential structure is over 1000' away. The absence of the required landscaping would not be relevant to any adjacent users since the base of the tower will be surrounded by mature trees on three sides, and shielded from Portage Avenue by the rear of Portage Manor's service buildings. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The proposed use is consistent with the character of the area. The low density use of the large parcel is conducive to the placement of a cell tower. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the comprehensive plan (City Plan, 2004). Objective ED 2.5: Support the development and enhancement of telecommunications infrastructure that serves current and future business needs. Sincerely, / t� Matthew P happ 4ies, Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W w w S T10 S E PH CC O X T Y i N O l A N A C O M/ A A E A V 1 A N AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 July 2, 2015 The Honorable Common Council South Bend Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception Emily James Sandock/ Toddler House LLC ABZA 7/1/15 Dear Council Members: The above referenced petition of Emily James Sandock/Toddler House LLC Was legally advertised on June 20, 2015. The Area Board of Zoning Appeals gave it apublic hearing on July 1, 2015, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and by a 5 -1 vote, the petition for Special Exception to allow a child care center in a "SF2" District, on property located at 430 Parkovash Street, is sent to the Common Council with a Favorable Recommendation subject to written commitments of no more than twelve (12) children with none being older than five (5) years of age. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date t b d this report. Since��� Charles C. Bulot, C.B.O. Building Commissioner CCB /cah o e ma a part of PETITION OF EMILY JAMES SANDOCKJTODDLER HOUSE LLC SPECIAL USE AREA BOARD OF ZONING APPEALS FINDINGS OF FACT I. THE PROPOSED SPECIAL USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: this property. Conditions on the property predate the Zoning Ordinance, which creates a different condition for 4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS or REVISIONS: SUBJECT TO WRITTEN COMMITMENTS OF NO MORE THAN 12 CHILDREN AND NOT OLDER THAN FIVE YEARS OF AGE DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 1 ST Day of JULY, 2015. YES NO 0 MICHAEL URBANSKI © GERALD PHIPPS ABSENT RANDALL MATTHYS ® BRENDAN CRUMLISH 0 KATHYSCHUTH JACK YOUNG © ROBERT HAWLEY ySJ1 [S�_ RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 824 N. St. Peter St, South Bend, Indiana 46617 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Jeffrey and Marie Spoonhower WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as: 824 N. St. Peter St., South Bend, IN 46617 and which is more particularly described as follows: THAT PART OF THE SOUTHEAST QUARTER, SECTION 1, TOWNSHIP 37 NORTH, RANGE 1 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS LOT "2" AS SHOWN ON THE PLAT OF "SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL, FIRST MINO SUBDIVISION" RECORDED MARCH 20TH, 2014 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDED AS INSTRUMENT NO. 1406256 SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana 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 a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1- 12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted a real property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s"r17fi�,�� ''•'1 NOT Apno)o * 4; ; �::'- -- Member of the Common Council 9m oP17 ij% fbir pji� a �zarkig and Coles aWm Oil W Filers Kt's t l k MTY CLERK, SOUTH SEND, IN V's RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS Southeast corner of Adams Rd and Dylan Dr, South Bend, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR GLC Portage Prairie, 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 Southeast corner of Adams Rd and Dylan Dr, South Bend, IN 46628 and which is more particularly described as follows: Nw 1/4 Sec 17 -38 -2E Ex Irr Tract Nw Cor & Ex 1.717 Ac to State & Ex 7 Ac +- for N/S Rd & Ex 10.5 Ac +- Parcel 800' N of S Line & E of N/S Rd 06/07 Split to 014601 & 014602 16442CWD 1 -19 -06 Annxd 06 -07 per Ord #9587 -05 Split off 10.073 ac 07 -08 for Ptg Prairie Minor pt of Lot 1 & 09/10 7.413ac to Ptg Prairie Minor #2 & 10/11 8.15 ac to Ptg Prairie Minor #3 and which has Key Number 025- 1009 -0146 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 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 (8) eight 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 se q. 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. 'dTED :OT APP2O.M ADCNA .r''" Member of the Common Council e ffi r..ye 4 -Vr ±f,� are `a �;�"xrSYmN 9 Filed in Clprk'e Office kij.0 IN �� x 13�1,i lJ�- 72 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5231 Dylan Drive, South Bend, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR Ameriplex Superior Partners, LP 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 5231 Dylan Drive, South Bend, IN 46628 and which is more particularly described as follows: Lot 3 Portage Prairie Minor #5 and which has Key Number 025 -1009- 014605 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 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 (7) 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 Ma or. PRESENTED WT APPROWt ADOPTO '. Member of the Common Council ( 1 Vif a c-i� to an C=d � for f 0 �, aid Filed In Clerk's Office JUL ' 8 2015 JOHN VOORDE CITY CLERK, SOUTH BEND, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 July 7, 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: Updated Real Property Tax Abatement Petition for: Ameriplex Superior Partners, LP Dear Council Member Ferlic: PHONE: 574 /235 -9371 FAx: 574/235 -9021 Please accept this letter as a request to bring the Ameriplex Superior Partners, LP real property tax abatement petition back to the Committee and Council under `unfinished business'. An updated filing was made regarding the real property tax abatement petition for Ameriplex Superior Partners, tP. The following information was amended from the original filing: ➢ Petition for Incentives — On page 2, the number of full time and part time minority and/or female employees for 1/14 -12/14 was corrected. The original petition showed only the new hires for 2014. The corrected petition adds the new hires in 2014 to the 2013 numbers to arrive at a "total ", per the instructions ➢ Petition for Incentives — On page 3, item #1 Construction Related (Contractors) was amended from the original petition that listed each item as "TBD" ➢ Declaratory and Confirming Resolutions were changed from "up to seven (7) years" to "seven (7) years" ➢ Statement of Benefits Form SB- 1/Real Property — Number of additional jobs corrected from 12 to 8, which matches the Petition for Incentives In addition, the following clarifications are needed ➢ Assessed Value of property o The current assessed value of the property is $3,253,100 ➢ Real Prop Year 2015 2014 2013 2012 2011 erty Taxes Taxes Assessed $121,154 $121,154 $386 (farm land) $355 (farm land) $310 (farm land) Less Current Abatement $83,861 $109,475 $0 $0 $0 Taxes Due $37,293 $11,679 $386 $355 $310 PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES 11TIN KAN PAMELA C. MEYER CHRIS FIELDING BROCKZEEB 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, ;171e;�' Brock Zeeb Director Economic Resources Filed in C,.;s r S''S Office ; ;-7 ,�, +7 2015 JOHw +3'S;tCRrorx CITY CLERt4, SOU`6H BEND, IN UPD,4 TEp City of South Bend Petition for re pentives TO Petition /oust Include a $250 fllfeg jee ppypbk to the tjty.Clgrk's orongne vio "theXlty,.'s tvebslte pt r htty:% /southbepdiu gov/ govemri ("en%onteriULoxpbptemengbefore processlny run be complete - '" °s General Information Project Name legal nameasaea;istered with Se`vep`ryof Ameri lax Su P pefwr Partners, L,P. Boslness atruttaie -� - Limited Partnership fompenywebslt.- www.holladayproperties,com Proposed Project Information Poposad prajectiHtlress 5231 Dylan Drive Parartco mpany mme ^ Holladay Properties City gate 2IP - South Band, IN legal owner : Ameriplex Sdperior Partnere, LP glte acreage or aceage require0 71,659 acres Is Me real estate owned or eased Square feet mfadlily 104 ,412afeiitsting ',60,770sfadditln i Primary Contact Information f1fl0a cetl by whom ..' Hubbell Electrioal Vrlmary rompanY�onbtt nam¢ Mantle Tope Title" �.� SVP Devewlopment fo en Atldress oTCOmpdnyronbcY 227 S. Main Street Suite 20D ?hone ' �- 579 - 2174505 pty gate, ilp South fiend, IN 46601 Finall -J mtelaeIllhotlatlaypropertles.cam Senior e cial Information Cofiparrysenlm afffdal riarrre - -- ` Chris Hildebrandt TMe . VP /GM Atldrest ofrompanyronbtt gidiHerentfraio 3902 West Sam le Street _ P Ph one 574. 2834269 Uty,Sbte,Lp South Bend, IN 46634 _ Emall childebrandt@hep.hubbell.com Hired tidsiness roddulbnt/agentnafie Comvliantrekase (Y /Nj!•� -' Address toglecc omlcdevelopmentparanus CIIy, State, 2lp . a proval N Email Project Overview erlef deSaiptlon ofybm : company, projem and why the This is a building addition to the existing Hubbell Electrical facility located within Me City in the northwest Industrial park IY N ary for Ameing building. Hubbell has r to aed another business a Bits de of Indiana and desires to bring Me operation into Indiana at Me existing building. In order to accomplish this, the addition H required. ecoparN growth ewnamldgrowM Filed In Office . -7 7015 JCBHrt VicioRl%E CITY CLERK, SOUTH BEND, IN ferdfled Tedrnology Parka pproprbte No Cofiinunity ReWtaMatbn Fnbancerrient No Cedlly Mat Meauum.g Permhbasnotbeee N Numaer of rest' e, 'WW _ ae'ated by IMM ,..xz a ,•i WA HMISIsayetlddnfur PersonalpgmtVtaxabatement; w the'` ment beminstafled WA investment Details Pabpc lnfrostrutturcneeds (OIf'. -Has a'm, 504 furidfe`Deen yyflatlsthe value of•!rY?qulp'm`,enTbelne PUrdsise3 N'.What&Mevatueof arryequlpinent being site of proJettln doears) recelved7 - Indiana for Meproject7 - Vandused fromoutofsbteforthepro ? NIA No 0 $210,00D New Proiect Investment Calendar Year 2G15 land acqulslUUn "' ': so BOiltling Laase Payments $382,000 eeilding Purchase Costs So New Building Consuktion - S2,10o,000 Existing BuOding Improvements S 3,500,000 New Mathinen8, EgpiOment $O Special Tpoling/fietooling $O New Fumhure/Flxtores $ 210,000 New Computer /iT Hardware $O New Software $0 Ortshe gall lnfrastrodure - SO Oasite Flber lnhesbudure $0 Full-Time Permanent Indiana-Resident Positions takntlarYe`ar - "" lobs'retaMed Tool MO ,:,,. , -; _. ._rhj` wa ew /o S. (Angetir bonuses 2016 $0 a r 18 $'0 so 2019 $0 2020 $0 2021 2022 $583.00D 5505,000 $606.000 $619,000 $631,000 $0 50 50 5o so $0 S0 $0 s0 $0 $ 0 so $ 0 so so $0 50 $0 50 50 50 $0 $0 SO SO $ 0 $ 0 $ 0 $ 0 $ 0 $0 $O 50 SO SO 5D 50 50 50 $0 $O SO SO 50 50 $0 50 SO by Calendar Year Coinoldthtigtiirief _. jaEWlNp tline ": permanentJotu at pioJett anted 30 $0 " - "" Hourlyaveniewage w /o� .'-.. benefits or tionues, of wmaWtive net new Jobs �Tg131 traMing. experMiture• not anufative TotiTTgto6e- mined -not MMdlatwe 2015 62 .$1,845,308 8 $1,292 8 2016 2017 2018 2019 2020 zou zozz 2023 2024 ;116$16.15 2025 2026 partum Laborers $16.15 Tedfnlni ":; - Managerial Administrative' " o e e ,_,� respOM Mcoor a ng _ :_WeikOneon ee6blde T Jennifer.lellison Ooes your comp "..Rave an EEO Hririgpolkyt Ves . ... - Areyou an EEOernployery- Yes a. . • .. - the last three - sr. 6/13.12113 . . . - vea�s: 1/1 14 .. . , %- PketedestribdyourbDmmitineetto . tlNegd and htdusbn bytletgOiSyour 6_utrexh and riaviunente6orts fot:theleei '- threeyearsaswellummentpoXSles. ]'FUll Tare 'Part Tme F partibht WBTIMe -- -Part Time NbpanlC -- 4 Asian. - -. O Indian 0 female 13 Other 0 >; . ,_ :;.uvr�s.;[rctLc�s�liacrrr• :� ;.: Information Wricn iredortboth the consfiuctlon companies andthe' companies which will provide materials purchased fo "r�thls project. Please complete the table below with the appropriate information. If Qualify Earned Points (Yes or No) you qualify for the poitiis;. please enter full amount of available >; Available Points 1 �Const Iiift Related iCOntredors) : A. Employ Lopallgonipanles(75%) Yes a(j 20 B: Purchase Materials' from LOCai Companies (75 %). Yes eZ� 20 S C. Require Empioyses vs Independent Contractors, ). Yes 19 D. Re'qulre Prevalling:Wage (Davis Bac_oii) _, 1Vc, 22 E. Require Health Benefits Yes aoi 22 - F. Require Pension Benefits Yes $ 18 G. Maintain Affirmatlye Action Ain: Yes blO 20 Sub -total Construction Related: 141 Z Waae &Benefit Related IOwne -L• A. Pay Target Wage Levels 33 33 B. Provide Health Benefits 3V 34 C. Provide Pension Benefits ZZ9 29 D. Provide Training oi8 28 E. Provide Child Care 15 F. Provide Transportation Assistance. 14 G. Provide Employer Assisted Housing program 9 Sub -total Wage &Benefit Related: /oiy $- 162 3 Worldorce Related: A . Create New lobs - �%Z 42 - e. Retain Existinglobs qj 41 C. Maintain Affirmative ANOn Plan 3.S 35 D. Provide Targeted Hiring Preference. 34 Sub -total Worldorce Related:... 'e" 152 4 1 .S000Ort a Moniduzl FadatjI A. Support a SS Municipal Facility (donations to the zoo, conservatory, museum, etc.) gy 84 Nam- ame of,Facillty SufiidtSi MUnidpal.Fadllly: g 84 Sub- totalfrom Above: yy.J 539 of South Send for a real and /or personal property tax abatement consideration and pursuant to I C, 6.1.1 -12.1 1, et se ., and ' South Bend Munidpal Code Sec 2 -76 et se c. for this petition state the above. 6 -25 -15 What is the current assessed value] Real Property: - $3,253,100 Personal Property: $10,249209 Whatisjhe prujeRe4 assessed valuer Real Property: _ §4,753,100 Personal Property: $15,000,000 What is the tax key "number 'for thisprolect7 025 - 1009 -014605 What is the six rfgitNAICS cede] Please attach a 660gle ra andstreetviewofthe'lotation.- Please list the amount of real and personal propertytaees Paid for the last five years when applicable. Real Property Taxes; - - Personal Property Taxes: Year One $11,679.58 $46,312 YearTwo $386.44 Year Three $355.08 Year Four $31022 . Veer five Staff Use iF Please fill out the Public Benefit Summary Information Only and add to the total from above. YorN Points Public Benefit Item: Pr6leCVltelale3 5 A. RedeveloPa Site that has Special Needs 49 B. Develop Based on Jowl University Research. 35 C. Achieve a Physical Element of a Plan ,3 36 Sub -total Project Related: 0 $ 120 6 Super Size Projects loolnt values are cumulativel: 25 A. 1009i to 199% B. 200% to 299% 68 C. 300% to 399% 65 D. 400% and Over 52 Sub -total Super Size Projects: 0 210 7 Pay for Municipal Infrastructure: A. Pay for Overslzingor Upgrading_ 14 B. PSyfor26 -5D% of Extension Cost 26 C. Pay for 51 -75% of Extension Coit 39 D. Pay for 76- 100%of Extension Cost 52 Sub -total Infrastructure Related:: 0 133 Total from Appkantsection: - 88B y7S 539 Totalfiom Staffsedhan: 0 34 461 1000 Total Pubtic Bene8fPA16W. - .226 8 1) How do I pay my petition filing fee? Yourpetition filing fee can be paid either in person or via mail to: Or online via paypal at. City Clerk's Office http: / /Southbendin.gov /government/ Attn: Deputy City Clerk content /tax - abatement 127 West Jefferson Blvd. a Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If yourproperty is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) The map below outlines the CRED area, please check to see if you fall within the boundaries. 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that comefom the SmallBusinessAdministrat ion. Tlhisfundingmustb eappliedfortobe received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the Department of Community Investment at 574.235.5842 or email at sheintzetasouthbendin,g,Q E CREeD District Boundary w . Gmce a,uv,- SouN Fad ' Poland g Dunham x Fiihet Tut[ Tull eemale Ohb itert `� Garal _ e u 3 lennon alutl c � G emadweY m 8 a- s $$ lunar Legend x V .R N Q CaEaa Ll,lrct Fd IM ; tMianB y E A QSOWIBmY 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that comefom the SmallBusinessAdministrat ion. Tlhisfundingmustb eappliedfortobe received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the Department of Community Investment at 574.235.5842 or email at sheintzetasouthbendin,g,Q STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (R412 -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 box): ❑ Redevelopment or rehabilitation of real estate improvements (IC 6 -1.1. 12.1.4) ❑ Residentially distressed area (IC 6- 1.1- 18.14.1) 20 PAY 20__ FORM SB -1 I Real Property PRIVACY NOTICE Therms) and any specific individual's salary information Is confidential;. the balance of the filing is public record per IC 6.1:1. 12.1- 5.1(c) and (d). INSTRUCTIONS 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing ifthe designating body requires Information from the applicant in making Its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. " Projects" planned or committed to after July 1. 1987, and areas designated after July 1. 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1 -12.1) 2. Appirival of the designating body (City Council,. Town Board, County Council, etc) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE deduction maybe approved 3. To obtain a deduction, a Form 3221RE must he filed with the County Auditor Before May 10 in the year in which the addition to assessed valuation Is made or not laterthan thirty (30) days afterthe assessment notice is mailed to the property ownerif d was mailed afterApr810. Ift6e property owner misses the May 10 deadline in the inkfal year of occupation, he can apply between March 1 and May 10 of a subsequent year 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attech`a Form CFAA2eal Property annually to the application to show compliance with the Statement of Benefits. 11C 6.1.1- 12.1- 5.1(b) and /C 6- 1.1- .12.1- 5,3p)]. 5. The schedules established under IC 61:1- 12.1 4(d) forrehabflilatedpmperty apply to any economic nev8alizatlnn areas designated after June 30, 2000, unless an alternative deduction schedule is adopted by the designating. body (IC 6 1.1421 -17). The schedules effective priorto July 1. 2000, shelf continue to apply to economic revitalization areas designated before July 1, 2000. SECTIOA 1 TAXPAYER INFORMATION Name of taxpayer Amenplex Supenor Panders, LP. Address of taxpayer (number and street city. slate, and ZIP Code) 227 S. Maln Steel Suite 208 South Bend, IN 46601 Name of contact person %lephone number E -mail address Marten Tope ]4 -2174 { `-)J6 mbpeQlwladayproperaes.com • • • I a • • •••• I ••• Name of designating body Resolution number City of south Send Location of property County DLGF taxing district number 5231 Dylan ON.. South Bend, IN St. bseph Descriplion of real property improvements. redevelopment, or rehabilitation (use addiemral sheets If nece ) Estimated start data (mdNh day. yea,) May2015 me existing building will mealm an additim of 60,770sf. Estimated completen data (momt day, yea,) Augus12015 Current number Salaries Numberrelained Salaries Number atldifionel Saltines 62 82.086,220 62 $2,066,220 8 5425,000 • MEN= a gius jujue - a --• REAL ESTATE IMPROVEMENTS COST ASSESSEDVALUE Current values 53,500,000 53,253,100 Plus estimated values of proposed project $2,100,000 $1,600.080 Less values distill property being replaced Net estimated values upon completion of project ss,6og0oo 54,753,100 1111111144211111110 • a • • • • a Estimated solid waste converted (pounds) Estimate - converle�.(pgg Other benefits tit( -.�7 Cpt5 JOHN Va teAWE CITY CLERK, SOUTH SEND, IN N MINE I hereby that the entations in this statement are true. Signature ofau i tepr Title Year) Dale signed (mo�n{M ^.'daX Q f _ - Page 1 of 2 We find that the applicant meals the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed under IC 6 -1.1 -12.1, provides for The following limitations: A. The designated area has been limited to a period of lime not to exceed calendar years' (see below). The dale this designation expires is B. The type of deduction that is allowed in the designated area is limited lo: 1. Redevelopment or rehabilitation of real estate Improvements m Yes ❑ No 2. Residentially distressed areas ❑ Yes O No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years' (see below). F. Did the designating body adopt an alternative deduction schedule per IC 6 -1.1- 12.1 -17? ❑ Yes ❑ No If yes, attach a copy of the alternative deduction Schedule to this form. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signalow signed fmonN, ' If the designating body limits the time period during which an area Is an economic revilalizatton area. it does not limit the length of lime a taxpayer is entitled to receive a deduction to a number of years designated under IC 6 -1.1- 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000. the deduction period is limited to three (3), sir (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 30, 2000, and is not in a residentially distressed area. the deduction period may not exceed ten (10) years. Page 2 of 2 RESOLUTION NO. 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 810 N. St. Peter St., South Bend, IN 46617 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Thomas and Lisa Loughran WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 810 N. St. Peter St., South Bend, Indiana 46617 and which is more particularly described as follows: THAT PART OF THE SOUTHEAST QUARTER, SECTION 1, TOWNSHIP 37 NORTH, RANGE 1 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BEING A RE- SUBDIVISION OF PART OF LOTS 20, 21, 22 AND 23 OF SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL RECORDED MARCH 20T" 2014 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDED AS INSTRUMENT NO. 1406256 SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1 -12.1 gt seq., and South Bend Municipal Code Sections 2 -76 gt seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et sec., and South Bend Municipal Code Sections 2 -76, et sea., 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 a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements, of Indiana Code 6 -1.1- 12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of 2 which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted a real property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. W, C ; �Y ,_ °x .ode an oa t" and Coin' -;' -a s of bm RESENTED i. mo.T. AppeowR Member of the J�':1tS lft9:3 ^i�F. CITY CLEW K, SOUTH SEND, M CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C., 6-1.1. 12.1.1, et sea., and South Bend Municipal Code Sec. 2.76 et sea., for this petition state the following: 1. Describe the proposed construction project, including information about square footage, number of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): 2. Estimate the dollar value of the construction project (do not include land cost): $--a25–QM 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to he owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest _Thomas &Lisa Loughran _____ —_ 52314 Tammy Drive Granger IN__46530 ________100 %______ Lot 4, Sorin's First Addition to the Town of Lowell, First Minor 4. The commonly known address of the Property is: Subdivision (on N. St. Peter Street South Bend--- and having tax key no.:_ 018 =503- _1171-03 ___— (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. 6. A map and /or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. Photographs of the Property(s), taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 8. The current assessed valuation of the property before construction is $—$4,700 _— (use additional sheet for multiple addresses). (Information maybe obtained from the St. Joseph County Assessor's Office, 235 - 9523). List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): 'n. nra.y a � -64! w.nH...m...a.. aw - - - - -- -814 St. Peter - $112.64 (pay 2014) and $413.04 (pay 2013) - - - -- - -- --- -_816 St. Peter -- $248.88 (pay 2014) and $249,74 (pay 2013 822 St. Peter - $126.74 (pay 2014) and $249.74 (pay 2013 - -- - - - -- -830 St. Peter - $126.74(pay 2014) and $126.20 (pay 2013)------------ - - - - -- (This information may be obtained from the St. Joseph County Treasurers office, 235 -9531) 10. What is your best estimate of the after completion market value of the property: (Rev. 5/13/11) I 1. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values 'and prevent a normal development of the property: (Homes in this area have become stuck in older and less well maintained states, with 14. The current use of the property is ___ vacant lot_____ and the zoning is _-_SS2 (use). (This information may he obtained from the Building Department 235 -9553) current 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): ------------ - -___— Northeast NI�tborhood Development Area 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name _ Jim qr David_Sieradzki __ _ Address __314 West Catalpa Suite F_— _ - -- __________ ---- - - - - -- City, State, Zip Mishawaka) IN 46545 ----- - - - - -- Telephone — _5744-277 -4171 - -- -- — -- E -mail Address _ david @centurycustornbuilders.com _— — -- -- WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. �rt3 i� Name of Property Owner(s): Filed iM CIArk's Thomas & Lisa Loughran SUN � 2 20 i5 f� By: JONN V��p'SEND, IN Signature) d� CITY CLFft _Thomas Loughran (Typed or printed name and capacity) (Rev. 5/13/11) 2(gct> Y�-� 3 M O A w paHt/�w�y C C Eln� Q� tic ° ^ z � Ca 0 e j O � 0 Filed in Clork's V PEai4 @ e a °IpiPt9 PE tie � M-02 ' 9 rte r s T 6� �!•gayelp e4 e- ° f I I a 1 r_ a imp p 2^ O A w paHt/�w�y C C Eln� Q� tic ° ^ z � Ca 0 e j O � 0 Filed in Clork's V PEai4 @ e a °IpiPt9 PE tie � M-02 ' 9 rte r s T 6� �!•gayelp e4 e- ° f I :u ------ - - - - -; t P °l%1��1}�' t/ @ it Iviltsiel p all i'� l�4gi ' fill Eli; fill 911 i!'Pj lid, I a 1 r_ :u ------ - - - - -; t P °l%1��1}�' t/ @ it Iviltsiel p all i'� l�4gi ' fill Eli; fill 911 i!'Pj lid, a1EIEVnHArrxe�y�1 N comwgm of ST. A mumsOMOP.E. moor! Hwti EtAOS al" xe CmfaFioulN eeNO. AO ww PORAMeALWli ReIO,fYALLORERElTlO Ti'COMWsom ilEAL Meu� AEI OF THE COMANITM .WCHAMARA SORIN'S FIRST ADDITION TO THE FIRST MINOR SUBDIN PART OF THE SOUTHEAST' QUARTER, SECTION 1, T. 37N., R. ' CITY OF SOUTH BEND, ST. JOSEPH COUNTY, BEING A RE— SUBDIVISION OF PART OF LOTS 20, 21, 22 AND 23 OF SORIN Naanl BARGE x FAST, C11Y OF eEE,D. OF ton 20-xJ of rHE IIECpROF1D PUr of SOUTH INNOt IEW MORE PAROCOlAR1.Y OMFO IOM WffASEC IOM OF TIE EAST X00 -1F -WAY COW SIRW. SMD POINT BRAS ON THE NORTH HE'2t'OS' HOSE, 11SA0 SW TO THE WEST LINE OF 1tJU,ON NO. K, coto ",LIKE t, 1212, THENCE 2= WOIMN ex'IWW WW1, 12415 FEET 70 TIE 0745'J4''WEST 4490 20 EAST WW-10E-WAY Al (4) Ems. MKI S OF 1✓f�- W THE MOW ASIONS OF THE ZONING M 00 0351W WHICIPAL SIIE imm AS SHOU ON Step= r0 LS IM THIS PLAT. WARD APWA AS IRE AS 04-11. OOR E71LSINO LOTS. AND S. ^_J i Air Lw 1 1 CORBY 31'RE6T 82.5' R/1P�_ _ 1 Rf/f YA "I) V. W; Om�H N w,rfo E .Iv f"�a1 r u 1 i iiy_y I 11.06' A flElbm JK tt 1 u I �H,D. i Awr LOT it 2 i2 8 PAO.I 11 ' N 11W E t15A0' ----•,J,-,------------ 1 II ( .. A ..... tO7..!.........e..�..... ........ �_,.�crt;tFlpl.,h_........... 1; t.OI S C 10 W+' LOT 2� A.rV.� .............. OR. ss... �(, - --o -------- - - • — �— � —. PG 1 Q _R11 `�' �J ....4... cd IV Atf ONO= y. I S SE'1d'SO' W 12 <.2S 4k ML ®L[ w} a ma t tpt wO �+f1Y 1 jJt P%� 0 "} ,t 0Y 55 }} Y kn• 2 SO E NmANOjA a �yf" tWP _ It 157 w SA \\ \\ \\ LPT I a. �1 �, Z I� G Foil y a +— to LOT 2� A.rV.� .............. OR. ss... �(, - --o -------- - - • — �— � —. PG 1 Q _R11 `�' �J ....4... cd IV Atf ONO= y. I S SE'1d'SO' W 12 <.2S 4k ML ®L[ w} a ma t tpt wO �+f1Y 1 jJt P%� 0 "} ,t 0Y 55 }} Y kn• 2 SO E NmANOjA a �yf" tWP _ It 157 w SA \\ \\ \\ LPT I a. �1 �, ai f ( -f. ;- .a P: - :� ;. �.:�- a` . " ;' . ".: l�11l: STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (R211 -07) Prescribed by the Department of Local Government Finance Thi atement is being completed for real propertylhat qualifies under the following Indiana Code (check one box): Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.1.4) ❑ Eligible vacant building (IC 6 -1.1- 12.1 -4.8) 20_ PAY 20_ FORM SB -1 I Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERANBD, Whichever is applicable, must be filed with the County Auditor by the later of (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF -1 /Real Property annually to the application to show compliance with the Statement of Benefits. (IC 6- 1.1- 12.1- 5.1(b) and IC 6 -1.1- 12.1 - 5.36)] 5. The schedules established under IC 6- 1.1- 12.1 -4(d) for rehabilitated property and under IC 6- 1.1- 12.1 - 4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000. )ir Page 1 of 2 L SECTION •- Name of taxpayer a Address of taxpayer (number and street, city, state, andSUP code) p , (,f — Giv 1�� Name of contact pe on Telephone number �Ovrr- E //-mail efi n ° s<2Jyi ., SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number Location of property County OLGF toxin district number b y Description of real property improvements, redevelopment, or rehabilil tion (use additional sheets ifne essary) /'✓i'slIC, -, 1 at ated start date (month, day, year) I5- x LL—S> �'"t-�-� Estimat complefion dale (month, day, year) AJ a, P� a��� SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retained Salaries Number additional Salaries SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT NOTE: Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE is confidential. Current values Plus estimated values of proposed project O Less values of any property being replaced Net estimated values upon completion of project O SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted (pounds) Estimated haz us was i oo ted^ Other benefits � ZQ1� LrLLER,-;-:�V1 Joi N (SEND, IN SECTION - I hereby Dart' that the r Santa Pris in this statement are true. Signature of orized rapt ive Title Date ignetl (man , da y rJ _ )ir Page 1 of 2 L STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (R2 /1-07) Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): ❑ Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.1 -4) ❑ Eligible vacant building (IC 6- 1.1- 12.1 -4.8) 20_ PAY 20_ FORM SB -1 / Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERANBD, fNhichever is applicable, must be filed with the County Auditor by the later of: (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF -1 /Real Property annually to the application to show compliance with the Statement of Benefits. (IC 6-1.1- 12.1- 5.1(b) and IC 5. The schedules established under IC 6 -1.1- 12.1 -4(d) for rehabilitated property and under IC 6- 1.1- 12.1. 4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000. SECTION •• Name of taxpayer Address of taxpayer (numberand street city; state, and ZIP code) Name of contact person Telephone number E-mail address SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number Location of property County DLGF taxing district number Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) Estimated completion date (month, day, yea) SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retained Salaries Number additional Salaries SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT NOTE: Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project SECTION • • AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits Filed in Clark's ±Office �v' "t 12 '115 JOf191i~`a`1 .✓i CITY C4ERK, (yt3Th BEND,1N SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature of authorized representative - Title Date signed (month, day, year) Page 1 of 2 x;11 -i s- -� 7 Resolution No. Bill No. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT THE SOUTH BEND COMMUNITY SCHOOL CORPORATION BOARD OF TRUSTEES NOT LOWER THE STANDARDS OF STUDENT - ATHLETES WHO WISH TO PARTICIPATE IN INTERSCHOLASTIC ATHLETICS AND CALLS FOR THE BOARD TO NOT MOVE FORWARD ON THE PROPOSED CHANGES IN DOCUMENT 2431 ADDRESSING THEIR INTERSCHOLASTIC ATHLETICS POLICY 6" the Common Council of the City of South Bend, Indiana recognizes that the Indiana High School Athletic Association, Inc, (IHSAA) was first organized in 1903, and is charged with encouraging and directing "wholesome amateur athletics" by: • Regulating, supervising and administering interschool athletic activities; and • Cooperating with all agencies vitally concerned with the health and educational welfare of secondary school students; and • Determining qualifications of individual contestants, coaches and officials; and • Providing written communications to facilitate athletic relations among member schools; and • Establishing standards for eligibility, competition and sportsmanship while providing protection against exploitation of schools and students; and Q%" the Common Council further recognizes that any high school in Indiana, as well as any junior high school offering 9 °i grade, whether such school is public, private, institutional or parochial, if accredited by the Indiana Department of Education, may become a member of the IHSAA; and 4 the IHSAA is governed by a 19- member Board of Directors who are elected by member school principals from three (3) IHSAA legislative districts; who also comprise the IHSAA Executive Committee who meet on a monthly basis to organize & direct state tournaments and meets; to interpret By -Laws; and to determine penalties for rule violations; and 46" the 2015 -2016 IHSAA By -Laws & Articles of Incorporation is a very detailed document which notes that "one of the purposes of the IHSAA is to assure that every student - athlete has a fair opportunity to compete "; and 4 at the City of South Bend 2016 Budget Kickoff held at the Century Center on May 28, 2015, Council Member Karen L. White, Personnel and Finance Committee Chairperson, talked about "What makes a great city ". She highlighted many key factors such as that "cities are about people and the quality of life for its citizens'; that "a truly great city needs to be an appealing place to live. It needs to attract and retain a large pool of local, national and international talent'; and that "strong neighborhoods make strong cities" with educational opportunities and standards being a component part; and Resolution Addressing Interscholastic Athletics Policy Page 2 the South Bend Community School Corporation (SBCSC) Board of Trustees is currently considering whether to lower the academic eligibility requirements for middle school and high school student athletes which were established approximately five (5) years ago, and is scheduled to be voted upon by the Board at their August 3, 2015 meeting; and the SBCSC's current policy requires a 2.0 grade point average for all student - athletes in grades 6 through 12, and the proposal being considered by the school board would permit the following students to participate: 9"' grade students with a 1.50 grade point average I Oth grade students with a 1.67 grade point average 11 °i grade students with a 1.85 grade point average 12`h grade students with a 2.00 grade point average with students who do not meet the district's requirement but who would qualify under the IHSAA guidelines being able to participate if such students are tutored and show improvement; and the Common Council believes that everyone has a stake and a role in continuing to build the City of South Bend, Indiana, into a great city, which requires setting the bar high and focusing on helping students, and especially student - athletes meet and exceed high expectations; and 6*" the Common Council further believes that the proposed policy fails to meet the grade in promoting the youth of our community to be the best that they can be, whether it be in the classroom or in the athletic arenas or athletic fields. r i Section I. The South Bend Common Council believes that much more dialogue, collaboration, and outreach needs to take place before the South Bend Community School Corporation Board of Trustees takes action to proceed ahead on August 3, 2015 — which is just a few days before the first day of school [August 181h3, on any proposed changes to the current interscholastic athletic policy. Section II. The Common Council further believes that a policy of this nature deserves enhanced public input and the greatest degree of transparency possible. Section III. The Common Council calls upon the South Bend Community School Corporation to have a series of community outreach meetings, at locations throughout the City, so that as many members of the public as possible have the opportunity to have their voice heard. Resolution Addressing Interscholastic Athletics Policy Page 3 Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. i Office of the City Clerk Henry Davis, Jr., 2 11 District Council Member South Be d Co mon Coun '1 Derek D. Dieter, Council Member at Large South Bend Common Council Vice- President Valerie Schey, 3rtl District Council Member South Bend Common Council ' Pete Buttigieg, Mayor of South Bend Filed in r.!F�rk's Office till. 2 2 '015 Ul,- . .._.._1 JOHR tiiUO'!! CITY CLERK, SOUTH REND) IN (574) 235 -9321 July 22 2015 Members of the Common Council 4 °i Floor County -City Building South Bend, Indiana 46601 Dear Council Members: ,; �pVih - IINa Common Council City of South Bend Indiana 4'h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD We are all dedicated to working to make the City of South Bend the greatest city it can be. That is why we have filed the attached Resolution. It calls for the South Bend Community School Corporation Board of Trustees to step back and let the voices of the citizens of South Bend be heard, before that Board takes any action in changing their Interscholastic Athletics Policy. Competition, both in the classroom and in athletics, brings out the best in individuals. That is why the term "student- athlete" is the focus of the guidelines established by the Indiana High School Athletic Association, Inc, (IHSAA). We call upon the South Bend Community School Corporation to reach out to our entire community before taking formal action to lower bar for our students We ask that this Resolution be referred to the Council's Community Relations Committee for review and a favorable recommendation. Thank you. Most sincerely, Council Member Henry Davis, Jr, 2 "d District . " ;L— Council Member Derek D. Dieter Attachment Council Member Valerie Schey IffPce srt"s`t;:t,F3F�t4t #c?u�,.. ,,Ni ORDINANCE NO. 6 6 11 31-14 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 4325 S MICHIGAN STREET SOUTH BEND, IN 46614, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT TO CHANGE ZONING FROM SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT TO SOUTH BEND "MU" MIXED USE DISTRICT TO CORRECTLY ZONE A PRE- EXISTING APARTMENT ABOVE RETAIL FLOWER SHOP BUSINESS. 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: 023 - 1025 -1328 LOT 3 BYERS ADD PRO SEC 25 37N 2E 023 - 1025 -1346 LOT 22 BYERS ADD PRO be and the same is hereby established as MU Mixed Use District SECTION II. That a Special Exception for n/a in a MU Mixed Use District zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk an Presented by me to the Mayor of the City of South Bend, Indiana on the 20, at o'clock M. Approved and signed by me on the .m. 1 f1 READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED day of City Clerk day of , 20, at o'clock Mayor of the City of South Bend, Indiana Filed In Clerk's Office jU( .'9 2015 JOHN VOORDE CITY CLERK, SOUTH BEND, IN PETITION FOR A COMBINED PUBLIC 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: 4325 S Michigan Street South Bend, IN 46614 2) The property Tax Key Number(s) is /are: 023- 1025 -1328 and 023 - 1025 -1346 3) Name and address of property owner(s) of the petition site: Flowers By Stephen & Assoc LLC 4325 S Michigan Street South Bend, IN 46614 574 291 -2250 flowersbystephen@yahoo.com com Name and address of additional property owners, if applicable: n/a 4) Name and address of contingent purchaser(s), if applicable: n/a Name and address of additional property owners, if applicable: n/a 5) It is desired and requested that this property be rezoned: From: CB Community Business District N/A To: MU Mixed Use District 6) This rezoning is requested to allow the following use(s): To correctly zone a pre - existing apartment above retail flower shop. 7) If applicable, a detailed description and the purpose of the variance(s) being requested: 1) A variance from the required perimeter landscaping to none to accommodate the pre- existing placement of the building and pavement on the property. 2) A variance from the required parking screening to none to accommodate the pre- existing placement of the building and pavement on the property 3) A variance from the requirement that no trash container be located between a front faVade and a front lot line to accommodate the pre- existing layout of the property. 4) A variance from the required trash enclosure screening to none to accommodate the pre - existing layout of the property. 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: Approval of the variances would not be injurious since the phyical building and property use will not be changed. (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: Granting the variances would not affect the area around the property adversely since the physical building would not be changed. The building has been the same since built in 1959. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Requiring the perimeter landscaping, parking screening, and dumpster placement with screening, would demand that the pre- existing asphalt be removed. Required parking spaces would be lost, and therefore would put Flowers by Stephen & Assoc LLC out of business. This flower shop has been in the southside neighborhood for 55 years. 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: N/a 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: N/a (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: N/a (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: N/a (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. N/a 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: Sheryl Luczkowski 4325 S Michigan Street South Bend, IN 46614 574 291 -2250 flowersbystephen@yahoo.com of Attorney for all property Received 09 /26/200712:14 PM APPROVED AND FILED TODD ROIQTA INDIANA SECRETARY OF STATE 09/26/200712:14 PM ARTICLES OF ORGANIZATION Formed pursuant to the provisions of the Indiana Business Flexibility Act. ARTICLE I — NAME AND PRINCIPAL OFFICE FLOWERS BY STEPHEN & ASSOCIATES LLC 4325 S. Michigan St., South Bend, IN 46614 ARTICLE II — REGISTERED OFFICE AND AGENT Luczkowski, Sheryl — Managing Member 4325 S. Michigan St., South Bend, IN 46614 ARTICLE III — GENERAL INFORMATION Effective Date: 09/26/2007 What is the latest date upon which the Perpetual entity is to dissolve ?: Who will the entity be managed by ?: Members Electronic Signature: Aimee Carramanzana, Legalzoom.com Inc., Secretary Page 1 of 1 Control Number 2007092600194 / DCN 2007092676304 Transaction id TRO7092600039 s.t�&C�, r C� C1�1 141 ra m 3 s 3 301& RECORDED AS PRESENTED ON ��'��' 11/01/2010 11:14:27AM T . ^�f9f- ^ ^" —'�' -- PHILLIP G. DOTSON -• '' �' %1_ ST. JOSEPH COUNTY ......... ..L.l._. l RECORDER REC FEE: 516.00 PAGES: 1 Prescnbed by die State Board ofACeounts TAX DEED WHEREAS FLOWERS BY STEPHEN & ASSOCIATES, LLC, did the IST DAY OF SEPTEMBER, 2010, produce to the undersigned, PETER H. MULLEN Auditor of the County of St. Joseph in the State of Indiana, a certificate of sale dated the STII day of MARCH, 2010, signed by PETER H. MULLEN who, at the date of sale, was Auditor of the County, from which it appeals that FLOWERS BY STEPHEN & ASSOCIATES, LLC, on the 8TH day of MARCH, 2010, purchased at public auction, held pursuant to law, the real property described in this indenture for the sum of S475.17 FOUR HUNDRED SEVENTY -FIVE AND 17/100 DOLLARS, being the amount due on the following tracts of land returned delinquent in the name CARSON JANET M 1/4 INT & KAETZER P14YLL19 CATHERINE, 3/4 INT AS TIC for 2008 and prior years, namely: �CH , H (n N DIANA 46G 14 71023- 1025 -1346 MORE COMMONLY KNOWN AS: 4a25 M IC TEE/O B D, Such real property has been recorded in the Office of the St. Joseph County Auditor as delinquent for the nonpayment of taxes and proper notice of the sale has been given. It appearing that FLOWERS BY STEPHEN & ASSOCIATES, LLC, is the owner of the certificate of sale, that the time for redeeming such real property has expired, that die property has not been redeemed, that the undersigned has received a court order for the issuance of a deed for the real property described in the certificate of sale, that the records of the S1. Joseph County Auditors Office state that the real property was legally liable for taxation, and the real property has been duly assessed and properly charged on the duplicate with the taxes and special assessments for 2008 and prior years. THEREFORE, this indenture, made this 1 15,1 day of (1 LOW between the State of Indiana by PETER If. MULLEN Auditor of St. Joseph County, of the first part, and FLOWERS BY STEPHEN & ASSOCIATES, LLC, of the second part, witnesseth: That the party of the first part, for and in consideration of the premises, has granted and bargained and sold to die party of the second part, their heirs and assigns, the real property described in the certificate of sale, situated in die County of St. Joseph, and State of Indiana, namely and more particularly described as follows: 71023- 1025 -1346 MORE COMMONLY KNOWN AS: 4325 MICHIGAN STREET, SOUTH BEND, INDIANA 46614 to have and to hold such real property, wool the apmutenatices 1,101. grog di ren, n as full and ample a manner ;s the :od;'tor of s;d County is empowered by law to convey the same. In testimony wfiereof, PETER H. MUI the Board of County �Commissioners, the day and Attest: SEAN J. COLEMAN Treasurer: St. Josep County State OF INDIANA County OF St. Joseph ) Before me, the undersigned, RITA GLENN, in and for said County, this day, personally came the above named PETER H. MULLEN, Auditor of said County, and acknowledged that he /she signed and sealed the foregoing deed for the uses and purposes therein mentioned. In witness whereof, I have hereunto set my hand and seal this-�/ fi �day of 20' U . _.. This insnwnent prepared by PETER H. MULLEN, Auditor 1 affirm, under the penalties far perjury, thatl have raken reasonable are to redact each Social Security .+on r in required by low PETER H. MULLEN, Auditor Post Office address of grantee: FLOWERS BY STEPHEN &ASSOCIATES, LLC Sheryl Luctkouski 4325 S Michigan Street / South Bend, IN 46614 RUWM FORWA71ON PEO H. MULLEN 6M6S€M M IND104A u� en(. unt less a iti LORI, tr�fleftr � ` faxi�+4 Unit S , pate �Jl Z5 7 v`^ ov Prescribed by the Stara Board ofAccountc TAX DEED II�III1 IIII4 VIII 111112IIIIVIII4 III111111IIIIII 1401234 RECORDED AS PRESENTED ON 01/1512014 02:59:37PH PHILLIP 8. DOTSON SL JOSEPH COUNTY RECORDER PC$: I FEES: $16.00 'WHEREAS FLOWERS BY STEPHEN & ASSOCIATES, LLC did the 18th day of November, 2013 produce to the undersigned, PETER H. MULLEN Auditor of the County of St. Joseph in the State of Indiana, a certificate of sale dated the 20th day of September, 2012, signed by Peter H. Mullen who, at the date of sale, was Auditor of the County, from which it appears that FLOWERS BY STEPHEN & ASSOCIATES, LLC on the 20th day of September, 2012, purchased at public auction, held pursuant to law, the real property described in this indenture for the sum of $25,327.29 TWENTY -FIVE THOUSAND THREE HUNDRED TWENTY -SEVEN AND 29/100 DOLLARS, being the amount due on the following tracts of land returned delinquent in the time CARSON JANET M 114 INT & KAETZER PHYLLIS CATHERINE 3/4 INT AS TIC for 2011 and prior years, namely: Key Number: 71023 - 1025 -1328 Lot 3 Byers Add Pro 25- 37N -2E Such real property has been recorded in the Office of the St. Joseph County Auditor as delinquent for the nonpayment of taxes and proper notice of the sale has been given. It appearing that FLOWERS BY STEPHEN & ASSOCIATES, LLC is the owner of the certificate of sale, that the time for redeem)ng such real property has expired, that the property has not been redeemed, that the undersigned has received a court order for the issuance of a deed for the real property described in the certificate of sale, that the records of the St. Joseph County Auditor's Office state that the real property was legally liable for taxation, and the real property has been duly assessed and properly charged on the duplicate with the tares and special assessments for 2011 and prior years. THEREFORE, this indenture, made this q ,day of t-' e between the State of Indiana by PETER H. MULLEN Auditor of St. Joseph County, of the fast pae, and FLOWERS BY STEPHEN & ASSOCIATES, LLC of the second pan, witnesseth; That the party of the first part, for and in consideration of the premises, has granted and bargained and sold to the party of the second part, their heirs and assigns, the real property described in the certificate of sale, situated in the County of St. Joseph, and State of Indiana, namely and more particularly described as follows: Key Number: 71023,1025 -1328 Lot 3 Byers Add Pro 25- 37N -2E to have and to hold such real property, with the appurtenances belonging thereto, in as full and ample a manner as the Auditor of said County is empowered by law to convey the same. t In teslimony whereof, PETER H. MULLEN, Auditor of St. Joseph Couhry,) has dre to set hiv'hor hand, and affixed the seal of the Board of County Commissioners, the day and year last above mentioned. , 1. h I Witness: ! n t,, (L.S.) �LV�_✓/�L1.rJ PETER , Auditor of St. Joseph County Attest: MICHAEL J. KRUK Treasurer: St. Joseph County State of Indiana } County of St. Joseph 1 ' Before me, the undersigned, TERRI J. RETHLAKE, in and for said County, this day; personally came the above named PETER' H. MULLEN, Auditor of said County, and acknowledged that he/she signed and sealed the foregoing deed for the uses and purposes therein mentioned. In witness whereof, l have hereunto set my hand and seal this �_ day of 1-tze— 20/-. - J This instrument prepared by PETER H. MULLEN, Auditor - I gfrm, under (he penalties for perjury, that 1 have taken reasonable care to redact each Social Security numbu in this do<vmen(, unless required by law. PETER H. MULLEN, Auditor Post Office address of grantee: FLOWERS BY STEPHEN & ASSOCIATES, LLC 4325 S Michigan Street South Bend, M 46614 DULY EMERED FOR i PETER H. MUL �ON SI JOSEPH 00. 1,°¢0pM RICJAN LLC SOUTH BEND REALTY ASSOCIATES GAA INVESTMENTS LLC 22800 West Ireland LLC 3400 E Coliseum Blvd Ste 100 South Bend IN 46614 38818 W Jefferson Blvd Ste 201 Fort Wayne IN 46805 Fort Wayne IN 46604 GATES AND GATES REALTY LLC SEE TRANSFER NOTE 640 Ireland Rd Sniifh Rand IN dRR1d NORMAN STREET DEVELOPMENT LLC P O BOX 540 South Bend IN 46624 BARNES DEVELOPMENT COMPANY LLC 1000 Enterprise Dr Allen Park MI 48101 BARNES DEVELOPMENT CAMPANY LLC 1000 Enterprise Dr Allen Park MI 48101 BARNES DEVELOPMENT COMPANY LLC 1000 Enterprise Dr Alien Park MI 48101 WARREN JAMIE E & RICHMOND ROBIN E 4321 S Michigan St South Bend IN 46614 CITY OF SOUTH BEND FOR USE AND BENEFIT OF ITS BOARD OF PUBLIC WORKS 227 W Jefferson Blvd ste 130ON Snjfh Rand IN AARM GATES AND GATES REALTY LLC 640 W Ireland Rd South Bend IN 46614 CAROLINE PARTNERS LLC P.O Box 4056 South Bend IN 46634 BARNES DEVELOPMENT COMPANY LLC 1000 Enterprise Dr Allen Park MI 48101 BARNES DEVELOPMENT COMPANY LLC 1000 Enterprise Dr Allen Park MI 48101 FLOWERS BY STEPHEN AND ASSOCIATES LLC 4325 S Michigan St South Bend IN 46614 BASSETT LESTER E & BARBARA E C/O MARATHON ASHLAND PETROL PROP TX DEPT 539 S Main St P.M.. nH dSRdn ROTH LOREN J AND JULIE A 1526 Meadow Trail South Bend IN 46614 NORMAN STREET DEVELOPMENT LLC P O BOX 2198 Memphis TN 38101 CITY OF SOUTH BEND %BOARD OF PUBLIC WORKS 1300 COUNTY CITY BLDG South Bend IN 46601 CAROLINE PARTNERS LLC PO Box 4056 South Bend IN 46614 FLOWERS BY STEPHEN AND ASSOCIATES LLC 4325 S Michigan St South Bend IN 46614 BARNES DEVELOPMENT COMPANY LLC 1000 Enterprise Dr Allen Park MI 48101 HEIN PAUL ANDREW 4336 S Lafayette Blvd South Bend IN 46613 RLMNJC REALTY OF SOUTH BEND LLC P. O. Box 2160 Michigan City IN 46361 WARREN JAMIE E AND RICHMOND ROBIN E PROBLEM DEED 4321 S MICHIGAN ST CITY OF SOUTH BEND PARK DEPT County City Bldg South Bend IN 46601 WENDYS OF FORT WAYNE INC MR RAY KUYKENDALL 20 N Union St Rochester NY 14607 CAROLINE PARTNERS LLC ATTN: BILL MURRAY PO Box 4056 Sndh Rani IN ARR'Ad MAW s7 L. ST I-) en jp L. ST I-) en Flowers by Stephen & Assoc LLC 4325 S Michigan Street South Bend, IN 46614 Site Information: Land Coverage Area % of Total Area % of Total Floor Area Building Height 12 Total: 0.34 acres 15,000 sf 100% a. Building 2,340 sf 16% b. Parking & Drives 12,060 sf 80% c. Open Spaces 600 sf 4% Proposed /Current Land Uses & Floor Area: Use 11 Floor Area % of Total Floor Area Building Height 12 Total: 1 Building 4,420 sf 100% 2 Story 21' a. Retail 1,456 sf b. Office 398 sf c. Storage /Garage 884 sf d. 1BR Apartment 1,682 sf Parking Ratio: Retail 11 Residential 1 Total Required 12 Spaces Provided 12 Sewer & Water Facilities: Proposed & Current 33% V Floor 9% 2nd Floor 20% V Floor 38% 2nd Floor Public Water and Public Sewer G ` 6r ce 141 "10 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director REA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN Piz W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 135 -9571 S u� 5lr 6J) AJJ. 2� -f Wednesday, July 22, 2015 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: An ordinance initiated by the Area Plan Commission, amending and supplementing Chapter 21: Zoning Ordinance of the City of South Bend municipal code, as amended, repealing and replacing Article 5, Planned Unit Development Districts - APC# 2745 -15. Dear Council Members: I hereby Certify that the above referenced ordinance of APC Initiated was legally advertised on Thursday, July 09, 2015 and that the Area Plan Commission at its public hearing on Tuesday, July 21, 2015 took the following action: Upon a motion by John DeLee, being seconded by Steve Vojtko and unanimously carried, the ordinance initiated by the Area Plan Commission, amending and supplementing Chapter 21: Zoning Ordinance of the City of South Bend municipal code, as amended, repealing and replacing Article 5, Planned Unit Development Districts, is sent to the Common Council with a FAVORABLE recommendation. Updating the Planned Unit Development District will continue to allow for creative and unique development while reinforcing the intent, establishing a framework for the process, and modernizing the language contained within. 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, [_vj- Lawrence P Attachment Magliozzi SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.STj OSE PH CO U N T Y I N D I A NA. C O N/A KEA PLAN Staff Report 7/9/2015 APC # 2745 -15 Owner: APC Initiated Location: Text Amendment - City PUD Jurisdiction: City of South Bend Public Hearing Date: 7/21/2015 Requested Action: The requested action is a text amendment initiated by the Area Plan Commission, amending and supplementing Chapter 21: Zoning Ordinance of the City of South Bend municipal code, as amended, repealing and replacing Article 5, Planned Unit Development Districts. Staff Comments: The South Bend Zoning Ordinance has been in place since 2004. The proposed ordinance includes the following changes: I ) The language in the INTENT section has been simplified and strengthened; 2) Removed the Area Requirement; 3) Added a requirement that the Concept Plan be filed at least two weeks prior to the filing of a PUD District ordinance; 4) Re- structured submittal requirements for the Concept Plan, Preliminary Plan and Secondary Approval; 5) Preliminary Plan now has two components: L The Ordinance which provides all of the development standards formatted as a "report "; and ii. A site plan; 6) Secondary Approvals will be recorded; and 7) Simplified the language where possible. The following revisions have been made since the Ordinance was filed: 1) Section (c) (12) Recording was deleted; and 2) Section (c) (13) was renumbered to (c) (12) accordingly. Recommendation: Based on information available prior to the public hearing, the staff recommends the text amendment be sent to the Common Council with a favorable recommendation. Analysis: Updating the Planned Unit Development District will continue to allow for creative and unique development while reinforcing the intent, establishing a framework for the process, and modernizing the language contained within. APC # 2745 -15 Page 1 of I LAWRENCE P. MAGLIOZZI EXEC U FIVE DIRECTOR Angela M. Smith VePuty D,r a(Ior AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9591 July 22, 2015 South Bend Common Council 4`h Floor, County -City Building South Bend, IN 46601 RE: Bill #29 -15 APC# 2745 -15 Text Amendment Initiated by the Area Plan Commission Dear Council Members: The following changes have been made to the Ordinance for the above referenced petition: Ordinance: 1) Section (c) (1) (B) Corrected terminology to reflect updated ordinance requirements by replacing "Preliminary Plan" with "Petition for Zone Map Change to PUD District ". 2) Section (c) (12) Recording was deleted; 3) Section (c) (13) was renumbered to (c) (12) accordingly; 4) Section (d) (2) (A) and (C) were amended to add "beyond what was originally approved during the Zone Map Change to PUD ". This will clarify the authority to approve minor modifications that meet the development standards specified during the original Petition for Zone Map Amendment. A Copy of the revised Ordinance is attached. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, &,,,/k Angela M. Smith Deputy Director SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W W W ST 1051 PH C O U N T Y INO I A N P C O H I P 0. I A P I AN Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, AS AMENDED, BY REPEALING AND REPLACING ARTICLE 59 PLANNED UNIT DEVELOPMENT DISTRICTS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. The zoning ordinance allows for Planned Unit Developments. As market conditions and development structure has changed, a need was created to update the Planned Unit Development District in order to create more sustainable developments. Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, be amended by repealing and replacing Article 5, Planned Unit Development District as follows: PLANNED UNIT DEVELOPMENT DISTRICT. (a) INTENT. (1) The Planned Unit Development (PUD) District is intended to: (A) Establish a compatible and efficient mix of land uses and open space; (B) Ensure compatibility with the Comprehensive Plan, surrounding developments and future development needs; (C) Establish a creative approach in building design through architectural compatibility with adjacent buildings, general neighborhood design or by creating a unique style; (D) Achieve flexibility and provide incentives for development that will sustain a wider range of choice in satisfying the changing needs of the community; and (E) Provide for any individual land or a combination of land uses not otherwise specified elsewhere in this Ordinance. (2) The PUD District is not intended for the development of residential subdivisions, Permitted Uses, or Special Exception Uses which are provided for within any district of this Ordinance. (3) The PUD District is not intended for developments seeking relief from developments standards within a district in which the use is permitted. (b) PERMITTED USES AND DEVELOPMENT STANDARDS. (1) Permitted Uses. (A) Primary uses in the PUD District shall be any use or range of uses specified in the PUD District Ordinance establishing such District. (B) Accessory uses, home occupations or temporary uses, unless otherwise specified in the PUD District, shall be permitted in a manner customarily associated with the primary use specified in the PUD District Ordinance. (2) Development Standards. (A) The PUD District shall specify development standards applicable to each permitted use in the PUD District and, at a minimum, shall adopt or include a variation of each development standard that is applicable to each such use in the district in which each such use is first permitted. (B) In any case in which an applicable development standard has not been specified in the petition for zone map change to the PUD District, the development standard shall be that which is specified in the district in which the use is first permitted. (c) PROCEDURE FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT. (1) General. (A) The complete review and approval process for a PUD consists of three (3) components: Submittal of Concept Plan per §21 -05 (c) (2) Concept Plan; ii. Submittal of a Petition for zone map change per §21 -05 (c) (3) Petition for Zone Map Change to PUD District; and, iii. Submittal for Secondary Approval per §21 -05 (c) (7) Secondary Approval. (B) A petitioner may elect to proceed with Petition for Zone Map Change to PUD District and Secondary Approval separately, or may elect to combine them for joint approval as set forth in § 154.227 (c) (5) (B), below. (C) If filed separately, the procedure for filing for approval of a zone map change shall be the same as that required for any other petition for zone map change before the Area Plan Commission, except as otherwise provided for in this chapter. (2) Concept Plan. (A) The filing of a Concept Plan is required. The review of the Concept Plan by the Staff will create an understanding between the Staff and the developer which may help to alleviate future misunderstandings and extensive revisions. (B) The petitioner shall submit a Concept Plana minimum often (10) business days prior to filing a petition for zone map change to the PUD District, which shall include the following: A statement demonstrating how the proposed PUD meets the intent of §21 -05 (a) Intent; ii. Proposed locations and types of uses within the area proposed; iii. Preliminary layout of streets, open space, and other elements basic to the proposal in relationship to existing site conditions and adjacent properties; (C) Staff shall review the proposed Concept Plan taking into consideration the following: i. That the proposed PUD District meets the requirements of §21 -05 (a) Intent; ii. Protection and enhancement of the natural and environmentally sensitive features on the site, including, but not limited to topography, wooded areas, water features, wetlands, floodways, floodplains and regulated drains; iii. Development of common areas, open space or recreational areas (passive or active) accessible to the residents or users of the PUD by way of sidewalks, footpaths or combined walkways/bikeways; iv. Building designs which achieve added value to the community; and, V. Relationship to surrounding properties. (D) The Staff shall notify the petitioner of any comments related to the submitted Concept Plan within ten (10) business days of the submittal. Upon receipt of the Staff comments, the petitioner may modify the Concept Plan and resubmit a revised Concept Plan for additional review by Staff or file a petition for zone map change as set forth per § 21 -05 (c) (3) Petition for Zone Map Change to PUD District. (E) Neither the Staff s review of the Concept Plan submitted for review nor Staff's comments to the petitioner shall be considered a denial, approval or decision concerning the proposed PUD District. (3) Petition for Zone Map Change to PUD District. (A) A request for a zone map change to a PUD District shall contain the following: All documentation and requirements as regulated by §21 -09.05 (e) (2) Zone Map Amendments; ii. A Preliminary Plan that satisfies the requirements below, and shall specify in either General Terms or Detailed Terms the permitted uses and development standards that will apply to the PUD District: a. Detailed Terms. A Preliminary Plan which includes a detailed description of all development requirements that apply to the proposed PUD District on any of the site plans, building elevations, landscape plans, sign plans, or any other plan required by this Ordinance in sufficient detail to fulfill the requirements for the issuance of an Improvement Location Permit; b. General Terms. A Preliminary Plan which do not comply with the requirements above for Detailed Terms shall be deemed to have expressed the development requirements that apply to the proposed PUD in General Terms only and shall require Secondary Approval, as set forth below, prior to the issuance of an Improvement Location Permit. (B) Preliminary Plan. A Preliminary Plan shall consist of the following: A PUD District Ordinance in 8 %" x 11" format consisting of the following: a. Proposed name of the PUD District; b. Legal description of the proposed PUD District; C. Statement on how the proposed PUD District meets the requirements of §21 -05 (a) Intent; d. Permitted uses, accessory uses and temporary uses by location; e. Site development standards by use, such as but not limited to setbacks, densities, use of yards; f Proposals for handling traffic, general circulation and access points, sewage disposal, drainage, and other pertinent development features; g. Landscaping, buffering, tree preservation and use of open space; h. Lighting standards; i. Signs standards; J. Parking and Loading standards; k. Building design standards; and ii. A preliminary Site Plan of the overall PUD on plan sheets not to exceed twenty - four by thirty-six (24" x 36 ") in size consisting of the following: a. Proposed name of the PUD District b. North arrow, written and graphic scale; C. Boundaries of property with dimensions; General location of proposed land uses; C. Easements of record; f. General layout of public and private streets, open space and other basic elements of the development; g. General location of all drainage and other utility features and any other pertinent development features; and h. Statement regarding how the PUD will be served by water and sewer; i.e well and septic or municipal water and sewer. Any other information requested in writing by the Executive Director or Area Plan Commission that would need to be included and /or addressed in either the PUD District Ordinance or the Site Plan. (4) Determination by the Area Plan Commission. In its determination of the appropriateness of the proposed PUD, the Area Plan Commission shall pay reasonable regard to the extent to which the proposal accomplishes the intent set forth in §21 -05 (a) Intent, above, and provides for the protection or provision of the site features and amenities outlined above. (5) Preliminary Plan Approval. (A) If the Preliminary Plan expresses development standards in General Terms, as described above, secondary approval as set forth in §21 -05 (c) (7) Secondary Approval, shall be required. (B) If the Preliminary Plan expresses development standards in Detailed Terms, as described above, the Petitioner may request Secondary Approval in connection with the approval of the zone map change to the PUD District, provided that any such approval shall be conditioned upon the Council adopting the zone map change to the PUD District. (6) Conditions. Conditions may be imposed on the approval of a PUD District which are reasonably necessary to assure compliance with the permitted use, development standards and minimum requirements of the PUD District Ordinance. (7) Secondary Approval (A) Secondary Approval is required in the PUD District as a prerequisite to the issuance of an Improvement Location Permit. (B) The petitioner must file an application requesting Secondary Approval and submit the following: i. A final PUD District Ordinance which expresses the development standards in Detailed Terms addressing all of the requirements established and approved under Preliminary Plan Approval; and ii. A final site plan of the overall PUD on plan sheets not to exceed twenty -four by thirty -six (24" x 36 ") in size, consisting of all of the requirements of §21 -05 (C) (3) ii in detail, including any additional requirements approved under §21 -05 (5) Preliminary Plan Approval. iii. Any other information requested in writing by the Executive Director that would need to be included and/or addressed for Secondary Approval. (C) As part of the Secondary Approval, the following documentation may be required in order to meet the requirements for approval by the reviewing agencies. Location of all existing and proposed utility facilities and easements, including, but not limited to: sanitary sewer, water, storm water management, electric, gas, telephone and cable within two- hundred (200) feet of the real estate; ii. Drainage plan; iii. An erosion control plan for all areas of site disturbance. iv. Topographic contour every two (2) feet superimposed upon the proposed site plan portion of the site covered by the submitted plans; Proposed elevation of all building pads within the proposed development; vi. Plans and specifications for all infrastructure improvements required or proposed in the PUD; vii. Any other information specified elsewhere in this Ordinance as a prerequisite to the issuance of an improvement location permit; and (D) The Executive Director, during Secondary Review, shall specify any additional plan documentation or supporting information beyond that required by this subsection, which must be provided before the issuance of an Improvement Location Permit. (8) Secondary Approval Authority. (A) Authority for Secondary Approval is hereby delegated to the Executive Director. The Executive Director shall have a period of not more than fifteen (15) business days in which to review the proposed Secondary Approval application and either: Render a decision of approval or denial concerning the Secondary Approval; or ii. Request in writing additional information from the applicant. If additional information is requested, the Executive Director shall have an additional period of fifteen (15) business days to review the information from the date the requested information is received. (B) The Executive Director may seek the advice and comment of the Executive Committee of the Area Plan Commission or other government review agencies prior to Secondary Approval. (C) Any decision of the Executive Director under this Section may be appealed by any interested party to the Area Plan Commission in accordance with the procedures of §21 -05 (g) Appeals of Executive Director's Decisions, below. (9) Proceedings/Notice. The proceedings required for Secondary Approval shall be the same as those required by this zoning ordinance for the review and issuance of an Improvement Location Permit. (10) Required Findings. (A) The Area Plan Commission or Executive Director may issue Secondary Approval only upon a finding that the plans submitted for Secondary Approval satisfy the PUD District Ordinance establishing such PUD District; (B) Secondary Approval shall be sealed with the Seal of the Area Plan Commission and retained in the office of the Area Plan Commission to be used in its continuing administration of the PUD. (11) Surety. Bonds or other written assurance may be required which are reasonably necessary to guarantee the timely completion of a public improvement required by the proposed PUD District Ordinance. Such bond or other written assurance shall be satisfactory to the Executive Director, and shall run to the Board of Public Works or any other public agency that will be responsible for the construction and maintenance of the public improvement. (12) Expiration. Secondary Approval of a PUD District Ordinance, whether submitted in its entirety or in development phases, does not expire. Upon an application for an Improvement Location Permit for the use or development of the property, whether in its entirety or in development phases, all required improvements shall be designed and constructed with the latest standards in effect at the time. (d) MODIFICATION OF PRELIMINARY PLAN OR SECONDARY APPROVAL (1) Request for modification. Request for determination of minor /major modification shall be provided in writing to the Executive Director detailing the extent of the change or changes. The Executive Director may request additional documentation that would be needed to determine whether the proposed changes qualify as Minor Modifications or Major Modifications and outlined below. (2) Minor Modifications. Minor modifications to a Preliminary Plan or Secondary Approval which has already received approval from the Area Plan Commission or the Executive and which do not involve: (A) an increase in height, area, bulk or intensity of land uses beyond what was originally approved during the Zone Map Change to PUD, unless the Area Board of Zoning Appeals Grants a variance for height, area, or bulk; (B) the designation of additional land uses; (C) the reduction of perimeter yards beyond what was originally approved during the Zone Map Change to PUD, unless the Area Board of Zoning Appeals grants a variance; (D) an encroachment into any drainage easement, regulated drain setback or floodplain; or, (E) the reduction in the amount of parking for any use below that which is required by Section 21 -07.04 of this Ordinance unless the Area Board of Zoning Appeals grants a variance, may be authorized by the Executive Director without a public hearing in its continuing administration of the PUD if, in the determination of the Executive Director, the requested minor modifications do not adversely impact the purpose or intent of the overall development. (3) Major Modifications. If the Executive Director determines that the proposed modification does not meet the criteria above or is of such a nature as to adversely impact the purpose or intent of the overall development the petitioner shall be required to file a new petition for zone map amendment. (e) SECONDARY PLAT APPROVAL The process for the approval and recording of a secondary plat for any development in a PUD approved pursuant to this section shall be issued in a manner consistent with that for any other subdivision within the St. Joseph County as set forth in the St. Joseph County Subdivision Control Ordinance, as amended, and with any additional requirements or commitments entered into in connection with the approval of the preliminary plan pursuant to this section. The approval and recording of a secondary plat is required prior to the issuance of an improvement location permit for any improvements on a lot. (f) MAINTENANCE OF COMMON OPEN SPACE In those PUD Districts in which open space, common areas or recreation areas are provided for the use and enjoyment of residents or users of the PUD District, the petitioner shall file documentary assurances that the permanent dedication and continuous maintenance of open space, common areas or recreation areas shall be made in accordance with the approved preliminary plan and secondary approval, and that the open space, common areas and recreation areas shall be made available to the residents and users of the overall development in the PUD at a reasonable and non - discriminatory rate of charge. Such documentary assurances shall be incorporated into the secondary plat that is recorded in the Office of the St. Joseph County Recorder or otherwise provided for through legally binding perpetual agreements as approved by the Area Plan Commission and the County. Such open space shall perpetually run with the PUD and shall not be developed or separated from the overall development in the PUD at a later date (unless no development of any portion of the PUD which is benefited by the open space, common areas or recreation areas has occurred and the entire area subject to the PUD is presented for zone map change). (g) APPEALS OF EXECUTIVE DIRECTOR'S DECISIONS (1) Generally. Any order, requirement, decision or determination by the Executive Director regarding a secondary approval, or a modification of a preliminary plan or secondary approval, may be appealed to the Area Plan Commission by any person claiming to be adversely affected by that order, requirement, decision or determination. (2) Appeal Process. The procedures for such an appeal are as follows: (A) Every appeal shall be filed within thirty (30) days from the order, requirement, decision or determination. (B) All appeals shall be determined by the Area Plan Commission at a public hearing for which any person claiming to be adversely affected by that order, requirement, decision, or determination shall comply with, and bear all costs associated with, the notification requirements as provided by rule of the Area Plan Commission. (C) The Area Plan Commission hearing shall be de novo, in the same manner as though the application was originally filed with the Area Plan Commission. (D) The decision of the Area Plan Commission with respect to a secondary approval, or a modification of a preliminary plan or secondary approval, shall be a final decision that may be reviewed only by certiorari procedures as provided in I.C. 36 -7 -4 -1016. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. .� _`7 . -;an cy ®E d �Y(✓'n' Uri � � °� � 1.i i'".�s i 54W1a1' Q'vda uc �� 1. 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 of the City of South Bend, Indiana 2015, at F A",�D. Filed Inn cOl-er' EI UL OHWV UITY OLFIRK, F A",�D.