05-18 3527 Lincoln Way West Zone Map Amendment

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Regina and Gavin: I am attaching executed Written Commitments in support of the Women's Care Center, Inc. petition to rezone 3527 Lincolnway West(Bill No. 05-18 ). Bob Palmer requested I provide this document to the two of you as a result of your ad hoc role in facilitating a meeting between the Women's Care Center and representatives of the Whole Women's Health Alliance. In submitting these commitments to you please consider the following: • I provided this draft to Bob Palmer upon getting authority to do so from my client, Women's Care Center to allow him an opportunity to review before providing it to the Council. I thank Bob for his professionalism and time in this process. I am very confident he will be able to respond to Council members if asked any questions about this document. He also advised me you would distribute to other Council Members, and therefore you will be the only recipients from me. 0 We thank you both for meeting with us last Wednesday and Thursday to discuss this matter. We have worked very hard over the days following our meetings to address in good faith every one of the concerns raised by Whole Women's Health. There were some specific requests we simply can not do given the location of the property. However, each of the issues raised were considered with regard to location of the entrance, signage,no protestors or protest signs on our property, landscaping to separate our property from our neighbor to the east; no auxiliary buildings; and a willingness to work in good faith to provide a protocol for communication to address concerns which may arise in the future. • We did not include in these Commitments our promise to keep the Chapin Street Clinic open 2 days a week with the concurrence of Bob Palmer since that issue is really not appropriate in a written commitment for a specific parcel of real estate. However,we reiterate our promise to keep open our Chapin Street location for 2 days a week in addition to the operation of our services at the Lincolnway West location. • By its terms the Written Commitments can be enforced by the Area Plan Commission, City of South Bens including the City Attorney,Zoning Administrator(who I understand is now the APC but in the past has been the Building Department)or any other appropriate enforcement officials OR all property owners within 300 feet of 3527 LWW. Based upon my experience as City Attorney and in other engagements involving municipal issues,I can not recall more significant commitments being offered by a Petitioner. We are very hopeful these commitments will help answer all questions and concerns raised at the public hearings as well as in the meetings we participated in with the 2 of you so that the Council can comfortably vote to approve this rezoning. If so,this Council will never regret such an action. Richard A.Nussbaum, II Sopko,Nussbaum, Inabnit&Kaczmarek 210 South Michigan Street -- 5th Floor-Plaza Building Filed in Clerk's Office South Bend, Indiana 46601 -- Tel: 574/234-3000 Fax: 574/234-4220 APR 18 2018 E-mail: dickn@sni-law.com v_J KAREEMAH FGYVLER President,Midwest League of Professional CITY CLERK,SOUTH BEND, IN Baseball Clubs,Inc.