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Home My WebLink About7-23-2018 Agenda Packet 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, July 23, 2018 7:00 P.M. 1. INVOCATION- REV. DAVID WARUI- CHRISTIAN CHURCH INTERNATIONAL 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME: ______ BILL NO. 14-18 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1619 S MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 25-18 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4546, 4566 & 4612 NORTH LAKE BLACKTHORN DRIVE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 31-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING §13-75.5(O)(6) OF CHAPTER 13, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO DISORDERLY HOUSES AND PROHIBITING DEALING IN MARIJUANA, HASH OIL, HASHISH, SALVIA, SYNTHETIC DRUGS AND SYNTHETIC DRUG LOOKALIKE SUBSTANCES 32-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 2 10546-17 BY ADDING NEW SALARIED AND WAGE POSITIONS TO THE ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR THE CALENDAR YEAR 2018 8. BILLS ON THIRD READING TIME:______ BILL NO. 14-18 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1619 S MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 25-18 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4546, 4566 & 4612 NORTH LAKE BLACKTHORN DRIVE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 31-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING §13-75.5(O)(6) OF CHAPTER 13, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO DISORDERLY HOUSES AND PROHIBITING DEALING IN MARIJUANA, HASH OIL, HASHISH, SALVIA, SYNTHETIC DRUGS AND SYNTHETIC DRUG LOOKALIKE SUBSTANCES 32-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10546-17 BY ADDING NEW SALARIED AND WAGE POSITIONS TO THE ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR THE CALENDAR YEAR 2018 9. RESOLUTIONS BILL NO. 18-26 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 1235 W NAPIER 18-31 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 902 N. ALLEN, 1145 N. BROOKFIELD, 1306 N. BROOKFIELD, 914 N. CLEVELAND 903 N. COLLEGE, 917 N. ELMER, 1101 N. ELMER, 1229 N. ELMER, 1329 N. HUEY, 1110 N. JOHNSON, 749 N. LAWNDALE, 913 N. LAWNDALE, 1138 N. OLIVE, 1530 VAN BUREN. AS A RESIDENTIALLY DISTRESSED AREA FOR 3 PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HISTORIC LINCOLN WAY WEST HOMES, LP 18-32 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS SOUTH BEND BREWERY PLACE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR HISTORIC LINCOLN WAY WEST HOMES, LP 18-35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REAFFIRMING AND APPROVING THE NECESSITY OF THE LEASE OF BUILDING LOCATED AT 319 NILES AVENUE, SOUTH BEND, INDIANA FOR THE USE BY THE SOUTH BEND HUMAN RIGHTS COMMISSION 10. BILLS ON FIRST READING BILL NO. 33-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARKS STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE CIVIL RIGHTS HERITAGE CENTER FORMERLY THE ENGMAN NATATORIUM, AND LOCATED AT 1040 WEST WASHINGTON STREET, IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS BILL NO. 18-34 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 719 AND 721 W. REX STREET 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, 4th 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. MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH FOWLER, CITY CLERK DATE: JULY 19, 2018 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY, JULY 23, 2018: Council Informal Meeting Room 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:45 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON 1. Bill No. 32-18- 2018 Non-Bargaining Employee and Officer Salary Ordinance- Amended For AmeriCorps Grant Positions 2. Bill No. 18-35- Resolution Approving Continuance of Human Rights Commission Rights Lease 4:05 P.M. HEALTH & PUBLIC SAFETY JO. M. BRODEN, CHAIRPERSON 1. Bill No. 31-18- Amendment to South Bend Synthetic Drug Ordinance, §13-75.5(o)(6) 4:20 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1. Bill No. 18-26- 1235 W. Napier St- Special Exception Use 2. Bill No. 25-18- 4546, 4566, & 4612 North Lake Blackthorn Drive Rezoning 3. Bill No. 14-18- 1619 S. Michigan Street Rezoning Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning & Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List 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 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-14-18) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Gavin Ferlic, Chairperson Oliver J. Davis, Member Regina Williams-Preston, Vice-Chairperson Sharon L. McBride, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Regina Williams-Preston, Chairperson Jake Teshka, Member Sharon L. McBride, Vice-Chairperson Karen L. White, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Tim Scott, Member Gavin Ferlic, Member Jake Teshka, Member Karen L. White, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Jo M. Broden, Chairperson Oliver J. Davis, Member John Voorde, Vice-Chairperson Karen L. White, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Gavin Ferlic, Member Jake Teshka, Vice-Chairperson Sharon L. McBride, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Oliver J. Davis, Member Gavin Ferlic, Vice-Chairperson John Voorde, Member 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-14-18) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and related matters. Karen L. White, Chairperson Regina Williams-Preston, Member Gavin Ferlic, Vice-Chairperson John Voorde, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. John Voorde, Chairperson Jo M. Broden, Member Sharon L. McBride, Vice-Chairperson Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Regina Williams-Preston, Member Jo M. Broden, Vice-Chairperson John Voorde, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Jake Teshka, Chairperson Sharon L. McBride, Member Oliver J. Davis, Vice-Chairperson Regina Williams-Preston, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver J. Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice-Chairperson Jo M. Broden, Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Tim Scott Jake Teshka 2018 COMMON COUNCIL STANDING COMMITTEES (Rev.02-26-18) TIM SCOTT, 1ST District Council Member President Information and Technology, Chairperson Council Rules Committee, Member Sub-Committee on Minutes, Member REGINA WILLIAMS-PRESTON 2nd District Council Member Community Relations Committee, Chairperson Residential Neighborhood Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Community Investment Committee, Member Community Relations Committee, Vice Chairperson Information & Technology Committee, Member Public Works & Property Vacation, Vice Chair Utilities Committee, Member JO M. BRODEN, 4TH District Council Member Health and Public Safety Committee, Chairperson Public Works & Property Vacation, Member Residential Neighborhood Committee, Vice-Chairperson Zoning & Annexation Committee, Member JAKE TESHKA, 5TH District Council Member Utilities Committee, Chairperson Council Rules Committee, Member Information and Technology Committee, Vice-Chairperson Sub-Committee on Minutes, Member Community Relations Committee OLIVER J. DAVIS, 6TH District Council Member Vice President Zoning & Annexation Committee, Chairperson Community Investment Committee, Member Utilities Committee, Vice-Chairperson Health & Public Safety Committee, Member PARC Committee, Member GAVIN FERLIC, AT LARGE Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Information & Technology Committee, Member PARC Committee, Vice-Chairperson Public Works & Property Vacation, Member Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhood Committee, Chairperson Community Relations Committee, Member Personnel & Finance Committee, Chairperson Council Rules Committee, Member Health & Public Safety Committee, Member JOHN VOORDE, AT LARGE Council Member Public Works & Property Vacation, Chairperson Residential Neighborhood Committee, Member Health and Public Safety, Vice-Chairperson PARC Committee, Member Zoning & Annexation Committee, Vice-Chairperson Personnel & Finance Committee, Member LAWRENCE P. MAGLIOZZI I· ;'\ I· C ll I I \' I D I R 1� C T O R Angela M. Smith Dl·puty D1r�·c-tor AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 127 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BLIILDIN<.;, ,OUTH BEND, INDIANA 46601 (174) lll-9171 March 6, 2018 Honorable Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: 1619 South Michigan Street APC# 2865-18 Dear Council Members: Filed in Clerk's Office r MAR 07 ;�;] KAREEMAH FO-NLER CITY CLERK, SOUTH BEND IN•-•----I Enclosed in an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 12, 2018 Council meeting, and set it for public hearing at your April 23, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the April 17, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, Jordan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND WWW.STJOSEPHCOUNTYINDIANA COMIAR.EAPLAN BILL NO. 14-18 LAWRENCE P. MAGLIOZZI LSF('u I[%F D1RF("`fUR Angela M. Smith Ilepulq UinI nr AREA PLAN COMMISSIC)N OF ST. JOSEPH COUNTY, IN 227 W. IF FFE ItSON BLVD., ROOM 1140 COIINTY•C'ITY BUILDING. 5011.01 BENI), INDIANA 46601 (574)215-9S71 Wednesday, May 16, 2018 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Delta One Properties,LLC to zone from LB Local Business District to CB Community Business District and seeking a Special Exception Use to allow automobile sales, property located at 1619 South Michigan Street,City of South Bend—APC#2865-18. Dear Council Members: I hereby Certify that the above referenced ordinance of Delta One Properties,LLC was legally advertised on May 3,2018 and that the Area Plan Commission at its public hearing on May 15, 2018 took the following action: Upon a motion by John McNamara,being seconded by Matthew Peterson and unanimously carried,a proposed ordinance of Delta One Properties,LLC to zone from LB Local Business District to CB Community Business District, property located at 1619 South Michigan Street,City of South Bend, is sent to the Common Council with a UNFAVORABLE recommendation.Rezoning this property to CB Community Business District could lead to development that is out of character for this section of Michigan Street and create an environment that opposes the community's vision outlined in the Comprehensive Plan. Upon a motion by John McNamara,being seconded by Oliver Davis and unanimously carried,a Special Exception Use for automobile sales property located at 1619 South Michigan Street,City of South Bend, was sent to the Common Council with an UNFAVORABLE recommendation. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, i Lawrence P. Magliozzi Attachment CC: Delta One Properties,LLC Lang,Feeney&Associates Michiana Auto Sales Attn: Jay Amer&Amjad Ahmed SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.$I C IN 0 I A N A C 0 M 1)0&1 a r e a-p 1,n Staff Report 5/4/2018 APC# 2865-18 Owner: Delta One Properties,LLC Location: 1619 South Michigan Street Jurisdiction: City of South Bend Public Hearing Date: 5/15/2018 Requested Action: The petitioner is requesting a zone change from LB Local Business District to CB Community Business District, seeking a Special Exception Use and seeking 4 variances from the development standards. Land Uses and Zoning: On site: On site is a carry out resturant. North: To the north, across an alley, is a vacant business zoned LB Local Business District. East: To the east, across Michigan Street, are single-family homes zoned MU Mixed Use District. South: To the south is a Family Dollar zoned LB Local Business District. West: To the west, across an alley, are properties zoned LI Light Industrial District. District Uses and Development Standards: The CB - Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. Site Plan Description: The site plan shows that the building and parking lot will remain. The parking lot will be used for parking for the restaurant and display spaces for the car dealership. Zoning and Land Use History And Trends: The properties across Michigan Street were rezoned with the adoption of the MU Mixed Use District in 2004. Traffic and Transportation Considerations: The site is adajcent to an alley on the north and west. Michigan Street is two lanes,with on- street parking and a center turn lane. Utilities: The site is served by municipal water and sewer. Agency Comments: The Department of Community Investment offers an unfavorable recommendation of the rezoning. This section of Michigan Street should feature fairly walkable land uses APC # 2865-18 Page 1 of 4 Staff Report 5/4/2018 compatible with an urban neighborhood. The proposed zoning is inconsistant and more intense than all of the neighboring properties. Development standards of the proposed zone, including sign regulations, could lead to disjointed development. Should the Commission or Council approve the rezoning and variances, DCI recommends the following to mitigate any negative impacts: 1) Offer a written commitment to limit the number of vehicles to 27 as shown on the site plan; 2) In lieu of providing foundation landscaping, add 1-2 replacement trees in the public tree lawn; 3) In lieu of providing full parking lot screening,provide landscaped areas with 3' hedges at the northeast corner of building and the northeast corner of the lot; 4) Install landscaped island to separate the restaurant spaces from the display spaces along the north property line; and 5)Bring the fence into compliance which is a maximum 4' in height and no barbed wire. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The proposed rezoning is inconsitent with City Plan, South Bend Comprehensive Plan 2006) Policy UD 4: Improve the character of the community's entryways and corridors and Policy LU 2.3: Ensure coordination of land uses among ajacent area-specific plans. Land Use Plan: The Future Land Use Plan identifies this area for mixed use development. Plan Implementation/Other Plans: The Southeast Neighborhood Master Plan (2015) calls for commercial uses to be located along major corridors. Strategy 1 states: Create pedestrian-friendly streetscapes along community corridors. 2. Current Conditions and Character: Michigan Street has been a major commercial corridor for the neighborhoods south of downtown, with a mix of commercial and residential uses. 3. Most Desirable Use: The most desirable use for this site would be low intensity commercial developments that serve the needs of the surrounding neighborhood. 4. Conservation of Property Values: The approval of this rezoning for a car dealership would not conserve the value of the surrounding properties. 5. Responsible Development And Growth: Is is not responsible development and growth to approve this rezoning. The proposed zone has development standards and uses that are out of character for this neighborhood. Combined Public Hearing This is a combined public hearing procedure,which includes a rezoning, a Special Exception Use, and 4 variances from the development standards. The Commission will forward the APC # 2865-18 Page 2 of 4 Staff Report 5/4/2018 rezoning and Special Exception Use to the Council with or without a recommendation and either approve or deny the variances. The petitioner is seeking a Special Use to allow: automobile sales A Special Exception may only be granted upon making a written determination 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; 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; The use would negativley affect adjacent property values by creating an auto oriented use in a district design for pedestrian friendly development. 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 approval of the Special Exception Use would be out of character of adjacent area.The zoning if surrounding properties along and across Michigan Street permit uses that are designed to be low intensity and provide for the needs of an urban neighborhood. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed rezoning is inconsitant with City Plan, South Bend Comprehensive Plan 2006)Policy LTD 4: Improve the character of the community's entryways and corridors and Policy ED 7.3: Support neighborhood-based economic opportunities as identified in area-specific plans, specifically the Southeast Neighborhood Master Plan which encourages creating pedestrian-friendly streetscapes along community corridors. The petitioner is seeking the following variance(s): 1) from the required foundation landscaping to none 2) from the required parking lot screening to none 3) from the required interior off-street parking area landscaping to none; 4) from the maximum allowed 4' fence to 6'fence with barbed wire State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: 1) The approval will not be injurious to the public health,safety,morals and general welfare of the community; The approval of the variances will not be injurious to the public health, safety,moral and general welfare of the community. 2) The use and value of the area adjacent to the property included in the variance APC 4 2865-18 Page 3 of 4 Staff Report 5/4/2018 will not be affected in a substantially adverse manner; The value of adjacent properties would be negatively affected if approval of these variances were granted, giving permission to develop a site with intense use and without proper screening and buffering. 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Strict application of the development standards for parking lot landscaping and fencing would not impose any practical difficulties in the use of this property. Strict application of the foundation landscaping would impose practical difficulties on the property owner. Staff Comments: The staff has no additional comments at this time. Recommendation: Based on information available prior to the public hearing,the staff recommends the rezoning and Special Exception Use be sent to the Common Council with an unfavorable recommendation. Staff recommends denial of the variances. Analysis: Rezoning this property to CB Community Business District could lead to development that is out of character for this section of Michigan Street and create an environment that opposes the community's vision outlined in the Comprehensive Plan. APC 4 2865-18 Page 4 of 4 i REZONING INDI NA 2865'18 • r w"* 1 1 a fir.. t DUBAIL r N ,• Portage Township W E L1 inch-=T50, feEet --- kj r MU Mu GB—SF2 LI I GB LI j LB-- ----- r SF2 j Mu 1 z a Q MU LI 1 LI LB DUBAIL LB SF2 MU Rezoning from: CITY OF SOUTH BEND LB: LOCAL BUSINESS DISTRICT to CB: COMMUNITY BUSINESS DISTRICT MASTER ZONING KEY N SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT W E SOUTH BEND "MU" MIXED USE DISTRICT s SOUTH BEND "LB" LOCAL BUSINESS DISTRICT 1 inch = 100 feet SOUTH BEND "GB" GENERAL BUSINESS DISTRICT APC # 2865-18 SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT LAWRENCE P. MAGLIOZZI F Xis 1-ll 1'1\'If 131 P.I'1011 Angela M. Smith 1)r PuIr Di,,c I.r AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN 7 W. JEF FLRSOY BLVD., ROOM 1144) COUNTY-L'I I'Y BLII LDINU, SOL]J-H BE\D, INDIANA 46601 (S74) 134.9571 May 16, 2018 Honorable South Bend Common Council 4t" Floor, County-City Building South Bend, IN 46601 RE: Bill #14-18 Rezoning: APC#2865-18— 1619 South Michigan Street Dear Council Members: The Area Plan Commission held a public hearing on May 15, 2018 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, May 29, 2018. Ordinance & Petition Amendments: The petition was updated to add a variance request for fence height and barbed wire. Public Hearing Summary: There was no one to speak in favor or against this petition. If you have any further questions, please feel free to contact me at (574)235-9571. Sincerely, Jordan Wyatt Zoning Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A.C O N/A R E A PLAN IF VARIANCE(S)ARE BEING REQUESTED(if not please skip to next section): 1) A variance from the required foundation landscaping to no foundation landscaping; A variance from the required parking lot screening to no parking lot screening; A variance from the required interior parking lot landscaped islands to no interior parking lot landscaped islands;and A variance to allow the existing 6' chain link fence to remain in place. 2) 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:we will not be changing any property lines,building or the parking lot b) The use and value ofhe area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and:The use of the said parcel will be an automobile sales and a carry out restaurant that will use the existing building and parking lot. c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: by not letting the property owners to benefit from the most applicable use of their property. IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not please skip to next section): 1) The Special Exception Use(s)being requested:to have an automobile sales on said parcel 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards, convenience or general welfare: as there is no request being made of any purpose other than to use the existing parking lot and building for a automobile sales and acarry out restaurant b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: there will be no changes made to said parcel,the parking lot will exist as it is and the building will be a carry out restaurant and small office spaces. 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:by allowing the existing building and parking lot to remain. d) The proposed use is compatible with the recommendations of the Comprehensive Plan.No property lines will be changed and there are no property line encroachments exist or are proposed. In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Lang,Feeney&Associates, INC 715 South Michigan Street South Bend,Indiana 46613 574-233-1841 Filed in Clerk's Office BILL NO. 14-18 MAR 0 7 2018 ORDINANCE NO. KgREEtvjhri FOWLER CITY CLERK,SOUTH BEND, IN AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1619 S MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from LB to CB for automobile sales and carry-out restaurant. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Part of the West half of the Southwest Quarter of Section 13, Township 37 North, Range 2 East, St. Joseph County, Indiana being more particularly described as follows: Commencing at a point on the West line of Michigan Street, 163 feet South of the North line of said West half of the Southwest Quarter of Section 13 for the Point of beginning; Thence running West along the South line of a 20 foot alley to the East line of a 14 foot alley, a distance of 165 feet; Thence South, along the East line of said 14 foot alley, a distance of 132 feet; Thence East, parallel with the South line of said 20 foot alley to the West line of said Michigan Street, a distance of 165 feet; Thence North, along the West line of said Michigan Street, a distance of 132 feet to the Point of beginning Containing 0.50 acres more or less, subject to all legal easements. be and the same is hereby established as CB: Community Business District. SECTION II. That a Special Exception Use for Automobile Sales in a CB: Community Business 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 is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018,at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDMENT 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: 1619 South Michigan Street, South Bend,Indiana 46613 2) The property Tax Key Number(s)is/are: 018-8008-039101 3) Legal Descriptions: Part of the West half of the Southwest Quarter of Section 13,Township 37 North,Range 2 East, St.Joseph County,Indiana being more particularly described as follows: Commencing at a point on the West line of Michigan Street, 163 feet South of the North line of said West half of the Southwest Quarter of Section 13 for the Point of beginning; Thence running West along the South line of a 20 foot alley to the East line of a 14 foot alley, a distance of 165 feet; Thence South, along the East line of said 14 foot alley,a distance of 132 feet; Thence East,parallel with the South line of said 20 foot alley to the West line of said Michigan Street, a distance of 165 feet;Thence North, along the West line of said Michigan Street,a distance of 132 feet to the Point of beginning Containing 0.50 acres more or less, subject to all legal easements. 4) Total Site Area: 0.50 acres 5) Name and address of property owner(s)of the petition site: Filed in Clerk's Office Delta One Properties,LLC 1619 South Michigan Street South Bend, Indiana 46613 MAR 0 7 2018 Name and address of additional property owners,if applicable: KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN 6) Name and address of contingent purchaser(s), if applicable: Jay Amer&Amjad Ahmed Michiana Auto Sales 1619 South Michigan Street South Bend,Indiana 46613 574-326-46613 Name and address of additional property owners, if applicable: FILED- 7) It is desired and requested that this property be rezoned: MAR 05 2018 From: LB Local Business District AREA PLAN Application# 942S— I To: CB Community Business District 8) This rezoning is requested to allow the following use(s): Automobile Sales And Carry-out Restaurant IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): 1) A variance from the required foundation landscaping to no foundation landscaping A variance from the required parking lot screening to no parking lot screening A variance from the required interior parking lot landscaped islands to no interior parking lot landscaped islands 2) 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:we will not be changing any property lines,building or the parking lot b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and:The use of the said parcel will be an automobile sales and a carry out restaurant that will use the existing building and parking lot. c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: by not letting the property owners to benefit from the most applicable use of their property. IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section): 1) The Special Exception Use(s)being requested:to have an automobile sales on said parcel 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards, convenience or general welfare: as there is no request being made of any purpose other than to use the existing parking lot and building for a automobile sales and a carry out restaurant b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: there will be no changes made to said parcel,the parking lot will exist as it is and the building will be a carry out restaurant and small office spaces. 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: by allowing the existing building and parking lot to remain. d) The proposed use is compatible with the recommendations of the Comprehensive Plan.No property lines will be changed and there are no property line encroachments exist or are proposed. In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Lang, Feeney&Associates,INC Filed in Clerk's Office 715 South Michigan Street South Bend,Indiana 46613 MAR 7 2018 FILED - 574-233-1841 KAREEMAH FOWLER MAR 0 5 2018 CITY CLERK SOl1TH BEND,IN AREA PLAN C KQIISSION A lication# BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s)of all property owner(s),or signature of Attorney for all property owner(s): r Delta One Properties,LLC Filed in Clerk's Office MAR 07 2018 KAREEMAH FOWLER CITY CLERK,SOUTH SENp_ IN F 1IJE - MAR 05 2018 AREA PLAN COW 6-1 Application# a, 8 U U o 1g@ p Z Z Q w m cn Q Z Z w IIwQ) O c o C7 D S o G W,C) c) Li V p W cn O LO I t a t U) z a o mww z W CD w Z N Y oZ oz°(n OC) Lj = Q w C O I F o h0- U a in a a aZ0 Z Sw cn 1{ - C 0 swZQ1 W w n w oNw Cw- C) ui—i V1 F- w a Ln z w oN I z QZ (nq cn A c W w c9 L i L J ° 4 w o cY II v 7 O (n S Z Q W J = Q N Q) Z Q cn F- L° J r N a w W D O 2 L { J' w IyJ J Q v W C V) m a1 O 3 O Q u Ocnaw r W Owwm = - QOM Ltd O n Z wawa J Z z ¢II Oz = F-- q S 0 a U F—. O Q I I z U 2 LLJ ° w X ICJ Li O [I-C G Q O LL-1 (n C ° w a z a . gy m p O O Z cn Q O • C. _v) 0 Q = r , w w° N J • I z O Q Z > Q C% w CD C' Q & zoo ¢ zzww w w ¢ a z V1 O = O z l wa v, °cna i Q ? LiOw LJ LLj L p , L` Z Ywc oacnoa v ZGrs QF zz QLLJ\! 7 C z > aw Li n o C F---I F— w = a- V) Q a 0-GV In Cl) F- !Z z = G Z O J W m I__ O m U W U-) Q = F— O U) W w m Q ~CD Z Q'- LO W z w LL Cn L D 1,1 (J) = Q o O 3: O I CD 40 G Li O V7 r7 IIwO — WwZ L'IZ L, N [ I- Cl- O J o cn r OOwr = OL- IO O t F- J = w v LL C) C) wZ W Li O O Q z OHO Cn OF- O = S F-- w Cn w r I- SC> F-- W Z _ Gww ci f- N m Q O M G G Q z w GL'i W Z w _J ~ F— W (n W Q z O W N G W Q W 7 t I V aV) CL ' wcn L =D Q C) - C. Nm wC q MOOS F- O w W ~ w Om oF OZzWWWqW o Q LLJ M,LLJ 2: C7 n w LLJ LCD LLJWaQov~iu L oc) orz ! r"' c N sc" eo J CO 1S'J rD O Y LL Mew N CZ O Q cu Q cn Q.9 1jj 15 N"v'u- HJIV Y w Q a V6 1 1 M.00,00.00sl IIV9 O-U C, Q w i= NAOV813S 9NIANVd ,St I N NDVB 9NIallAO MW ,N 1.6 3 o} a w om a Olo m w Ln 101° wI V) N ww 0,91QC/) Imo` 4 °; i d IJ CD W V) CD x as co Cn C l I a V> Loo W I Q cO n I O z I LLI 1 o I U) z o a 1 a W ~ Z VV J I v Q mOdc' m I Q I w d Q I I Q U U i w Q C) tr (n a vi LIa. i Q U U G 00 Q l o O DoLLJ L J Z C-) / I o Ia m LO I X( I a I n LO I d w olo o cv o N N Z J U7 00 I( w I CO W cn FT 4 Y v I Of I 1 S J Ln I o El- I Q a I 1 z w I I U N ft w i vai3s aav bv3a ,o l CliOC)' n z r7 0 V 33NIJ ANI1 NINHJ ,9 aQ Z 3„Dg,06.00N 11dHdSb 1]dHdSd d S O S 0 js O 0> ok J, J Filed in Clerk's Office JUN 25 2016 KAREENIAH FOWLER CITY CLERK,SOUTH BEND,IN COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL, ZONE MAP CHANGE OR PLANNED UNIT DEVELOPMENT REQUIRED BY THE CITY OF SOUTH BEND ZONING ORDINANCE In accordance with I.C. 36-7-4-1015,the Owner of the real estate located in St. Joseph County, Indiana which is described below,makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: Part of the West half of the Southwest Quarter of Section 13, Township 37 North, Range 2 East, St. Joseph County, Indiana being more particularly described as follows: Commencing at a point on the West line of Michigan Street, 163 feet South of the North line of said West half of the Southwest Quarter of Section 13 for the Point of beginning; Thence running West along the South line of a 20 foot alley to the East line of a 14 foot alley, a distance of 165 feet; Thence South, along the East line of said 14 foot alley, a distance of 132 feet; Thence East, parallel with the South line of said 20 foot alley to the West line of said Michigan Street, a distance of 165 feet; Thence North, along the West line of said Michigan Street, a distance of 132 feet to the Point of beginning Containing 0.50 acres more or less, subject to all legal easements. STATEMENT OF COMMITMENTS: 1. The maximum number of vehicles to be displayed for sale on the property will be 27. 2. Add 2 trees to the public tree lawn in lieu of foundation landscaping. 3. Provide landscaped areas with 3' hedges at the northeast comer of the building and the northeast corner of the lot. 4. Install landscaped islands to separate the restaurant spaces from the display spaces. 5. Remove the barbed wire from the fence. These COMMITMENTS shall run with the land,be binding on the Owner of the above- described real estate, subsequent owners of the above-described real estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Area Plan Commission of St. Joseph County made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the approval of petition APC 42865-17 pursuant to the City of South Bend Zoning Ordinance, and shall continue in effect until: (i)the real estate is rezoned; or, (ii)modified or terminated by the Area Plan Commission of St. Joseph County. C:1Users\Bemie\AppData\Local\Temp\2865 Written Commitments.doc R These COMMITMENTS may be enforced jointly or severally by: 1. The Area Plan Commission of St. Joseph County; 2. The City of South Bend,Indiana; 3. Owners of all parcels of ground adjoining the real estate within three-hundred 300)feet of the subject parcel and all owners of real estate within the area included in the petition who were not petitioners for approval; and 4. The City of South Bend Attorney,Zoning Administrator, appropriate enforcement official, and other specially affected persons designated in such commitments. The undersigned hereby authorizes the Executive Director of the Area Plan Commission of St. Joseph County to record this Commitment in the Office of the Recorder of St. Joseph County, Indiana,upon final approval of petition APC#2865-17. IN WITNESS WHEREOF, Owner has executed this instrument this—day of Organization Owner) By Printed Title Organization Acknowledgment) STATE OF SS: COUNTY OF Before me, a Notary Public in and for said County and State,personally appeared the of a(n)Owner(s)of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this day of C:\Users\Bemie\AppData\Local\Temp\2865 Written Commitments.doc Signature Printed County of Residence My Commission expires: This instrument was prepared by Angela M. Smith,Area Plan Commission. I affirm under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in this document,unless required by law. Angela M. Smith C:\Users\Bernie\AppData\Local\Temp\2865 Written Commitments.doc LAWRENCE P. MACILIOZZI EXECUTIVE DIRECTOR Angela M. Smith De Piny Di re c I o r AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COLIN I Y-CI I Y BUILDING, ti()UI-H BEND, INDIANA 46601 (5 7 4) 235-9571 June 4, 2018 Filed in Clerk's Office Honorable Common Council 4 I Floor, County-City Building JUN 05 2018 South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN RE: 4546, 4566 &4612 North Lake Blackthorn Drive, South Bend, Indiana 46628 APC# 2870-18 Dear Council Members: Enclosed in an Ordinance for the proposed Zone Map Amendment at the above referenced location.Please include the attached Ordinance on the Council agenda for first reading at your June 11, 2018 Council meeting, and set it for public hearing at your July, 23 2018 Council meeting. The petition is tentatively scheduled for public hearing at the July 17, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sill , vlv- Jor an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D[ANA.C O M/A R E A P L A N BILL NO. 25-18 Fled in Clerk's Office- BILL N0. 25-18 ICAREEMAH FOWLERORDINANCENO.CITY CLERK,SOUTH SEND, IN AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4546, 4566 & 4612 NORTH LAKE BLACKTHORN DRIVE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from LB to SF for single-family homes. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: That Part of the Southeast Quarter of Section 18, Township 38 North, Range 2 East, City of South Bend, German Township, St. Joseph County, Indiana which is Described as: Lots#3, 4 and 5 of the Plat of"The Villas at Lake Blackthorn, Section One"as Recorded by Document Number 0323151 in the Records of the St. Joseph County, Indiana Recorder's Office. Containing 0.76 Acres More or Less. Subject to all Legal Highways, Easements and Restrictions of Record. be and the same is hereby established as SF 1: Single Family&Two Family District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. 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, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDMENT 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: Address(es) -, 4546 4566& 4612 North Lake Blackthorn Drive, South Bend, Indiana 46628. 2) The property Tax Key Number(s) is/are: Enter property tax key number(s):025-1010-017621, 025-1010-017622 025-1010-017623 3) Legal Descriptions: Enterfidl legal description:See attached. 4) Total Site Area: Enter total acres to be rezoned: 0.76 Acres +/ Filed in CIork's Office 5) Name and address of property owner(s)of the petition site: Cooreman Real Estate Group, INC. u i(V 05Attn:Mr. Steve Cooreman 4404 Technology Drive, South Bend, Indiana 46628 Ph. No. 574-277-0116 KAREEIVAH FOWLER E-Mail Address N/A CITY CLERK,SOUTH BEND, IN Name and address of additional property owners,if applicable: 6) Name and address of contingent purchaser(s), if applicable: A E-mail N/A Name and address of additional property owners, if applicable: FILED - 7) It is desired and requested that this property be rezoned:JUN 04 1018 From: LB Local Business District N/A AREA PLAN CO A lication# To: SF1 Single Family Two Family District 8) This rezoning is requested to allow the following use(s): Insert intended use(s):Residential Uses. IF VARIANCES)ARE BEING REQUESTED(if not, please skip to next section): 1) List each variance being requested. 2) 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: 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: c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s) being requested: N/A 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: 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: d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. Filed in Clerk's OfficeCONTACTPERSON: Name: Danch. Harner&Associates. Inc. Address: 1613 Commerce Drive JUN 0 j 2018SouthBend, Indiana 46628 i 371-234-1003 nidanch @danchliarner.com CAREEMAH rC)v L E isCITYCLERK. SOUTH BNN(; IFS , BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature f all 77-owner(s),or signature of Attorney for all property owner(s): FILED- JUN 04 2010 AREA PLAN C Applicatiorif LEGAL DESCRIPTION: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 18,TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS# 3,4 AND 5 OF THE PLAT OF "THE VILLAS AT LAKE BLACKTHORN, SECTION ONE" AS RECORDED BY DOCUMENT NUMBER 0323151 IN THE RECORDS OF THE ST.JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.76 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Filed in Clerk's Office JUN 0 5 2018 KAREEMAH F(M11..ER CfTY CLERK SCojjT -:E:;F-.ND, iN FILED- JUN 04 2018 AREA PLAN COM 15`310 A lication# X Filed in ClArkS • JUN Q a 2018 KAtRE,EMAH F n({ IN 1p.2. _ u t ';- or•1e1o'o177 r ' x x }{ Y 3_. a213 1070-077031 i 1r,'1. 9:` 4 0231010 017rA? S / St ' x .r y•.a, r L .» a? o2s•1ofG-Gi7e] h r`1 . i. , 7', • c- s 0271010.0IP 78 025 1010 017G22 Petition 4 Site97"l 7990 e23da10.017897. if' 1' 027-1070-017ki21 y s'r°' Y + L alit 5271010{I7.r2D e+'] kY d H. f =--:.' i y r IV Q ez;-I01o 170• E r- 0O o iCS4 Qa1-fet0017GiG t f y -11 s i 3 100` I LL 9 0, 3 j BRICK ROAD nn ti: d Rezoning Aerial LEGAL DESCRIPTION: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 18,TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS #3, 4 AND 5 OF THE PLAT OF "THE VILLAS AT LAKE BLACKTHORN, SECTION ONE" AS RE C BY DOCUMENT NUMBER 0323151 IN THE RECORDS OF THE ST,JOSEPH COUNTY, INDIANA RECOR ER'S(F4C],E D- CONTAINING 0.76 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. JUN 04 2018 I i AREA PLAN CU` Application# Q Danck Harner&Amodaft lnc. Land Surveyors - Professional Engineers 1*14 Landscape Architects- Land Planners 1 Office: (574)234-4003 / (800)594-4003 - Fox: (574)234-4119 1643 Commerce Drive - South Bend, IN 45628 0 Copyright 2011 0onch, Omer &Associates, Inc. LAWRENCE P. MAGLIOZZI I\I('ll I'Ix'I DII(I('1(1R Angela M. Smith De PuO Uln<I..r AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 1V. 11 FFI-R1ON Ill.VD., ROOM 1140 ('0IINF1'-CITY 111111 DING, 50111.11 BI NI), INDIANA 4 660 1 (574)2Ii-9i71 Wednesday,July 18,2018 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Cooreman Real Estate Group, Inc. to zone from LB Local Business District to SFI Single Family&Two Family District, property located at 4546,4566&4612 North Lake Blackthorn Drive, City of South Bend - APC#2870-18. Dear Council Members: I hereby Certify that the above referenced ordinance of Cooreman Real Estate Group, Inc. was legally advertised on July 5,2018 and that the Area Plan Commission at its public hearing on July 17, 2018 took the following action: Upon a motion by John DeLee,being seconded by Oliver Davis and unanimously carried,a proposed ordinance of Cooreman Real Estate Group, Inc. to zone from LB Local Business District to SFI Single Family&Two Family District, property located at 4546,4566&4612 North Lake Blackthorn Drive, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning the site to SFI Single Family and Two Family will correspond with the rest of the surrounding properties. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincere) , Lawrence P. Magliozzi Attachment CC: Cooreman Real Estate Group, Inc. Danch, Harner&Associates, Inc. SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY , OSCEOLA & ROSELAND W W W S I C I N D I A N A C O M I)O 6 1,r Staff Report 7/9/2018 APC# 2870-18 Owner: Cooreman Real Estate Group, Inc. Location: 4546, 4566&4612 North Lake Blackthorn Drive Jurisdiction: St. Joseph County Public Hearing Date: 7/17/2018 Requested Action: The petitioner is requesting a zone change from LB Local Business District to SF Single Family&Two Family District Land Uses and Zoning: On site: On site are three vacant parcels. North: To the north are single-family homes zoned SF Single Family&Two Family District. East: To the east is the St. Joseph Valley Parkway. South: To the south are vacant parcels zoned LB Local Business District. West: To the west, across Lake Blackthron Drive, are single-family homes zoned SF Single Family&Two Family District. District Uses and Development Standards: The SF District is established to protect,promote and maintain the development of single family dwellings and two family dwellings as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities(e.g.,public water,public sanitary sewer, storm sewer, natural gas, electricity,telephone, etc.)is required for development within this district. Site Plan Description: There is no proposed site plan for development at this time. Future development will need to adhere to development standards for the appropriate district. Zoning and Land Use History And Trends: The parcels in this petition were rezoned to LB Local Business District in 2004. The property to the southwest was rezoned to C: Commercial District(St. Joseph County)in 2003. Traffic and Transportation Considerations: Lake Blackthorn Drive is a two lane road. Utilities: The site will be served by municipal water and sewer. Agency Comments: The Department of Community Investment provides a favorable recommendation. Commitments: The petitioner is not proposing any written commitments. APC# 2870-18 Page 1 of 2 Staff Report 7/9/2018 Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistant with City Plan, South Bend Comprehensive Plan(November 2006), Objective H 1: Ensure that an adequate supply of housing is available to meet the needs,preferences and financial capabilities of households now and in the future. Land Use Plan: The Future Land Use Map identifies this area for low density residential growth. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: This area has developed as a neighborhood of single-family homes. 3. Most Desirable Use: The most desirable use for the property is single-family homes. 4. Conservation of Property Values: Rezoning to SF1 Single Family&Two Family District would not affect the property values of the surrounding single-family homes. 5. Responsible Development And Growth: It is responsible development and growth to rezone the parcels to SF Single Family&Two Family District. Staff Comments: The staff has no additional comments at this time. Recommendation: Based on information available prior to the public hearing the staff recommends this rezoning petition be sent to the Common Council with a favorable recommendation. Analysis: Rezoning the site to SF1 Single Family and Two Family will correspond with the rest of the surrounding properties. APC # 2870-18 Page 2 of 2 r a Y 4 i ?y A yJ^ a R — ;t.,.x• qtr.o- PpIp- AMML IF ov a 5 t1' J GERMANTOWNSHIP .Y t Ninc -- ' 200-f et rl REZONING 2870 Ilk Jp ti r Z r r at GERMAN TOWNSHIP i o N 1 inch =26 Or w F. soz LAWRENCE P. MAGLIOZZI F S F('11'F I\'1 D I Ii F c l f 11( Angela M. Smith D,P.(, D.,-1- AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 C(1IIN I-Y-CITY RUILDING, 0(1IH REVD, INDIANA 46601 (5 7 4) 215-9571 7/18/2018 Honorable South Bend Common Council 41h Floor, County-City Building South Bend, IN 46601 RE: Bill #25-18 Rezoning: APC#2870-18 —4546, 4566&4612 North Lake Blackthorn Drive Dear Council Members: The Area Plan Commission held a public hearing on July 17,2018 for the above referenced petition. This petition is set for public hearing before the Common Council on Monday, July 23, 2018. Ordinance & Petition Amendments: No amendments. Public Hearin_Z Summary: There was no one to speak in favor or against this petition. If you have any further questions, please feel free to contact me at (574)235-9571. Si cerely, J -dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND W W W.5 TI O 5 E P H 17 O U N T Y I N D I A N A C O N/A R E A F L A N I IS W a4 f SH1 COQ' 3 SH YDOCKSIDE-- t w SH R; Z 2 LB/ W Q J Lu r Q RAMP U) y aBRI.C.K r 0 O L LI L Rezoning from: CITY OF SOUTH BEND LB LOCAL BUSINESS DISTRICT TO SF1 SINGLE FAMILY & TWO FAMILY DISTRICT N MASTER ZONING KEY W E COUNTY"R"SINGLE FAMILY DISTRICT COUNTY"C"COMMERCIAL DISTRICT S SOUTH BEND"SF1"SINGLE FAMILY&TWO FAMILY DISTRICT 1 inch = 200 feet SOUTH BEND"LB" LOCAL BUSINESS DISTRICT APC # 2870-18 SOUTH BEND"LI"LIGHT INDUSTRIAL DISTRICT BILL NO. 31-18 SOU TN 8 120ON COUNTY-CITY BUILDING a PHONE 574/ 235-7678 227 W.JEFFERSON BLVD. FAX 574/235-9928 SOUTH BEND,INDIANA 46601-1830 v dl recCE a a 1g_ s CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE Filed in Clerk's Office July 3, 2018 JUL 0 3 Zola M KAREEMAH FOWLEr Mr. Tim Scott CITY CLERK,SOUTH BEND, IN President, South Bend Common Council 4t'Floor, County-City Building South Bend, IN 46601 Re: 2018 Non-Bargaining Employee and Officer Salary Ordinance—Amended for AmeriCorps Grant Positions Dear President Scott: Enclosed please find the amended 2018 Non-Bargaining Employee and Officer Salary Ordinance. The amended ordinance requests two (2) new positions relating to the recently awarded AmeriCorps Grant for which these positions will be responsible for administering and overseeing the day to day operations. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1 st reading on July 9,2018,with 2nd reading,public hearing and 3rd reading scheduled for July 23, 2018. If you have any further questions or need additional information,please let me know. Thank you for your consideration. Sincerely, Jennifer C. Hockenhull City Controller BILL NO. 32-18 Filed in Clerk's Office Bill NO. 32-18 JUL U 3 2018 ORDINANCE NO. REEMAH rb LER CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10546-17 BY ADDING NEW SALARIED AND WAGE POSITIONS TO THE ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR THE CALENDAR YEAR 2018 STATEMENT OF PURPOSE AND INTENT On October 23, 2017 this Council passed Ordinance No. 10546-17, signed by the Mayor on October 24, 2017 which fixed maximum salaries and wages of appointed officers and non- bargaining employees of the City of South Bend for the calendar year 2018. Since the enactment of Ordinance No. 10546-17,the City's executive has notified this Council that new circumstances have occurred which did not exist in October 2017 necessitating the addition of new job positions to the referenced attachment to Ordinance No. 10546-17. That attachment consists of a list by title of all non-bargaining City employees and their maximum salaries. Among the change in circumstances is the award of an AmeriCorps Grant for program year 2018/2019 for which 2 full time positions are required to manage the program. The grant will cover up to 66% of the wages and expenses of the program. The new positions established in this Ordinance are the following: Program Manager— AmeriCorps and Manager—Operations—AmeriCorps as set out in Exhibit A to Ordinance No. 10546-17. Fund No. 101 (General Fund) is the source of funding for the newly added salaried positions. These employee positions are fully covered by the City's 2018 Budget and its appropriation for wages and salaries of non-bargaining City employees during fiscal year 2018. NOW, THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Ordinance No. 10546-17 is hereby amended to include the wage and salaried employee positions set forth in the amended attachment to Ordinance No. 10546-17 incorporated herein as Attachment"A." The newly created employee positions are highlighted in yellow for ease of identification. SECTION II. All other portions and sections of Ordinance No. 10546-17 are unaffected by this amendment and are reconfirmed. SECTION III. From and after its passage by the Common Council and approval by the Mayor, this ordinance shall take full effect on July 23, 2018 Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018,at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. 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G C 'C C'C•C t t t t t'v7 W W W W W W m 4m 4 4 ITmm ' a =Q Q N a U m W, m co c W o aai o co O C o a 0 Z W d yi_ pOo 7 r f0 m c o cm W'L it Wo E; a°,ia°ioNI=gym a m yin 3 60o.c as W 3 y nio c2 `W.O,ro.m,W' G y ow N y. E A H ah• oocoo y-• DEW m a e y onyUUUW,W a n mn2 U aOtn a d kW° @ Una O U OAS VJ 2IWN AREA BOARD OF ZONING APPEALS 1140 County-City Building Filed in Clerk's Office 227 W.Jefferson Boulevard South Bend,IN 46601 JUN 15 2018 www.sjclndiana.com Phone 574.235-9571 -Fax-574235-9813 KAREEMAH FOWLER CITY CLERK, SOUTH BEND,IN Friday,June 15, 2018 Common Council 227 W. Jefferson Boulevard South Bend,IN 46601 RE: The petition of GETHSEMANE CHURCH OF GOD seeking a Special Use for an off-site parking Iot within 500'of an existing church in the SF2 Single Family&Two Family District(South Bend) for property located at 1235 W NAPIER ST,City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance of GETHSEMANE CHURCH OF GOD was legally advertised on May 31, 2018 and that the Area Board of Zoning Appeals at its public hearing on June 13,2018 took the following action: Upon a motion by Michael Urbanski, being seconded by Robert Hawley and unanimously carried,a petition by GETHSEMANE CHURCH OF GOD seeking a Special Use for an off-site parking lot within 500'of an existing church for property located at 1235 W NAPIER ST, City of South Bend, was sent to the Council with a favorable recommendation,and will issue written Findings of Fact. The deliberations of the Area Board of Zoning Appeals 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, Lawrence P.Magliozzi,Jecuti e Director Attachment CC: GETHSEMANE CHURCH OF GOD BILL NO .18-26 Filed in Clerk's Office BILL NO. 18-26 JUN 15 2018 a RESOLUTION NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN 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 1235 W NAPIER 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 property located at: 1235 W NAPIER In order to permit offsite parking within 500' of an existing church. 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: 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 of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council LAWRENCE P. MAGLIOZZI r.XECUTIVE DIRECTOR Angela M. Smith 1),P.ty Di-1- AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 1C. JLFFLRSON BL1'U.. RDO\t 114o COLINF1•CIT1 BUILDING, SOUTH BEND, INDIANA + 601 Red in-!ti-lerk'sOfflCe Special Exception/Special Use JUN '15 2018 OVIILER A special exception use/special use may only be granted upon making a written e EMAHMAH FF BEi ID,IN adopting appropriate Findings of Fact, based upon the evidence presented at a p 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 17. Petition of Gethsemane Church of God 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.The staff recommends the front setback be a minimum of 15' on the west property line and the drive aisle on the south be reduced to allow for a larger setback. The staff recommends the perimeter landscaping variance be denied on the west and south. The staff further recommends the denial of the interior off-street parking landscape islands to none. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed parking lot will not be injurious to the public health, safety,or general welfare of the community. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, With proper landscaping and buffering, the proposed use will not adversely affect the use or value of the adjacent properties. 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 for the expansion of a church that has been in the neighborhood for a long time. With the proper buffering, the use can be consistent with the character of the residential district and neighborhood in which it is located. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. There is no specific reference to this particular use in the Comprehensive Plan. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A.C O M/AREA PLAN CITY OF SOUTH BEND PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USE PROPERTV INFORMATION: Filed in Clerk's Office The property Tax Key Number(s)is/are: 018-3074-2923 &018-3074-2924 The property address: 1235 W Napier Street and the vacant lot lying west and adjacent JUN 1 5 2018 Legal Description: Lot 49 and Lot 50 as shown on the recorded plat of IsdOWWR TH BEND.IN VARIANCE INFORMATION: 1) (1)A variance from the required 25'front setback to 3' on the south and 6' on the west; 2)A variance from the required 20'side yard setback to 3' on the north and east; 3)A variance from the required parking stops to none; 4)A variance from the required 2 interior off-street parking landscape islands to none; 5)A variance from the required Type A perimeter landscaping to none; 2)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: 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: c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: SPECIAL EXCEPTION USE INFORMATION(if the petition does not include a Special Exception Use,please skip to next section): 1) The Special Exception Use(s)being requested: to allow an offsite parking lot within 500'of an existing church, in the SF2 Single Family and Two Family District. 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety,comfort,community moral standards,convenience or general welfare: This parking is best suited on this corner lot, while having an existing cross walk provided to the south where the church is located. b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: religious use is permitted within the SF2 Single Family and Two Family District. This petition is for the parking lot, 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: This parking lot shall serve the existing church. d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. This church is one of 2 long standing congregations in this neighborhood As such, the church has acted as a stabilizing influence on the nearby residential community and the members of the congregation. The addition of a formal parking for this church enhances its image of stability and service in the community and the congregation In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. PETITIONER INFORMATION: Name and address of property owner(s)of the petition site: Gethsemane Church of God Karl Nichols 308 S.Walnut Street South Bend,Indiana 46601 574-276-5842 director @cwpartners.org Name and address of additional property owners, if applicable: n/a Name and address of petitioner(s), if different than the petitioner): n/a Name and address of additional property owners, if applicable: n/a CONTACT PERSON: Lang, Feeney& Associates, Inc. 715 South Michigan Street South Bend, Indiana 46601 574-233-1841 Terry@LangFeeney.com BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA BOARD OF ZONING APPEALS AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS RELATED TO THIS PETITION. Signature(s)of all property owner(s): Gethsemane Church of God Karl Nichols C 0 Fi din Clerk's Office c W A ° o W N 4 C m z to JUN 15 2010 m RN N p^N REEIVIAH FOWLER r o W J CITY CLERK,SOUTH BEND,IN w s o N o a y N O O o pN Ztv U OK OM I I I J I M l 06.911 llV ,i I C I W M/a,99 1332iiS 2131dVN 17C Q j r J CD @ z j o Y Lo LLJ Q I i I i (O oo 2 Y[N I w wI o I. 0 I Z 3 a d Ii= x I I 06.911 rz M a,os 133ais a3idvN—_ _ IF i 1 i ` I 0N11SiX3 SpvTx e Filed P CTS MICE W e cep,: a x x 1865 x N FOWLER OUTH BEND,IN CITY OF SOUTHBEND COMMUNITY INVESTMENT JAMES MUELLER, EXECUTIVE DIRECTOR July 2,2018 Council Member Gavin Ferlic,Chairperson Community Investment Committee South Bend Common Council 4th Floor,County City Building South Bend,IN 46601 RE: Residential Real Property Tax Abatement Petition for: Historic Lincoln Way West Homes,L.P. Dear Council Member Ferlic: Please find the attached information pertaining to a residential real property tax abatement petition submitted by Lincoln Way West Homes, L.P. to build 14 single-family homes as part of a housing cooperative in the area north of Lincoln Way West and west of Sherman Street. This petition package includes: Department of Community Investment's summary report Petition Statement of Benefits form Supporting information. The report contains the Department's findings relative to the above petition. The petitioner proposes to build 14 single-family homes with an approximate assessed value of$910,000. The project meets the qualifications for a (5) five-year residential property tax abatement and a representative from Historic Lincoln Way West Homes,L.P.will be available to meet with the Committee on Monday, July 9,2018. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-5823. Sincerely, Daniel uckenmeyer Director Business Development DANIELJ.BUCKENIMEYER ALKEYNA ALDRIDGE PA.4IELA MEYER Tim CORCORAN BUSINESS DEvr.LOPb1ENT ENGAGEMENT&ECONOMIC EMPOWERMENT NEIGHBORHOOD DEvELOPMENT PLA,,mNG&COmmuNm RESOURCES EXCELLENCE I ACCOUNTABILITY INNOVATION I INCLUSION EMPOWERMENT 14005 County-City Building 1 227 W.Jefferson Blvd.j South Bend,Indiana 466011 p 574.235.93711 www.southbendin.gov BILL NO. 18-31 Filed in ciark?s ofnce JUL KAREEMAH FOWLERBILLNO. 18-31 Ctry CLERK,SOUTH 8 ND,INRESOLUTIONNO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 902 N. Allen, 1145 N. Brookfield, 1306 N. Brookfield, 914 N. Cleveland 903 N. College, 917 N. Elmer, 1101 N. Elmer, 1229 N. Elmer, 1329 N. Huey, 1110 N. Johnson, 749 N. Lawndale, 913 N. Lawndale, 1138 N. Olive, 1530 Van Buren. AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A 5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Historic Lincoln Way West Homes, LP 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 902 N. Allen, 1145 N. Brookfield, 1306 N. Brookfield, 914 N. Cleveland, 903 N. College, 917 N. Elmer, 1101 N. Elmer, 1229 N. Elmer, 1329 N. Huey, 1110 N. Johnson, 749 N. Lawndale, 913 N. Lawndale, 1138 N. Olive, 1530 Van Buren South Bend, Indiana, and which is more particularly described as follows: 1) Address: 902 N. Allen Parcel ID#: 18-1085-3578 Legal Description: Lot Numbered Sixty-five (65) in Mussels Plat, First Addition to the City,of South Bend as per plat thereof recorded in Plat Book 8,page 23 in the Office of the Recorder of Saint Joseph County, Indiana,together with the North Half of the vacated alley lying South and adjacent. 2) Address: 1145 N. Brookfield Parcel # 18-2080-2896 Legal Description: Lot Numbered Sixty-two (62) in C.R. Smith's First Subdivision in the City of South Bend as per plat thereof recorded July 2, 1919 in Plat Book 10, page 83 in the Office of the Recorder of Saint Joseph County, Indiana. 3) Address: 1306 N. Brookfield Tax ID#: 18-2083-3051 Legal Description: Lot Numbered One Hundred Forty-four(144) in Carmi R. Smith's Second Subdivision, as per plat thereof recorded May 16, 1922 in Plat Book 10, page 190 in the Office of the Recorder of Saint Joseph County, Indiana. 4) Address: 914 N. Cleveland Tax ID#: 18-1086-3640 Legal Description: Lot Numbered One Hundred Twenty-five (125) in Muessel's Second, an Addition to the City of South Bend, as per plat thereof recorded August 14, 1905 in Plat Book 9, page 13 in the Office of the Recorder of Saint Joseph County, Indiana. 5) Address: 903 N. College Tax ID#: 8-2072-2667 Legal Description: Lot Numbered Fifty-two (52) in Augustine's Addition to the City of South Bend, as per plat thereof recorded April 26, 1905 in Plat Book 8,page 194 in the Office of the Recorder of Saint Joseph County, Indiana. 6) Address: 917 N. Elmer Tax ID#: 18-2031-1028 Legal Description: Lot Numbered Fifteen (15) in Jacob Miller's Addition to the City of South Bend as per plat thereof in Plat Book 7,page 53 in the Office of the Recorder of Saint Joseph County, Indiana. 7) Address: 1101 N. Elmer Tax ID#: 18-2090-3402 Legal Description: Lot Numbered Two Hundred Ninety(290) as shown on the recorded Plat of Mayr's Michigan Avenue Addition to the City of South Bend, as per plat thereof, recorded March 8, 1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County, Indiana. 8) Address: 1229 N. Elmer Tax ID#: 18-2086-3224 Legal Description: Lot Numbered Three Hundred Ten(3 10) in Mayr's Michigan Avenue Addition to the City of South Bend, Indiana, as per plat thereof recorded March 9, 1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County, Indiana. 9) Address: 1329 N. Huey Tax ID#: 18-2087-3242 2 Legal Description: Lot Numbered Two Hundred Fifty-six (256) in Mayr's Michigan Avenue Addition to the City of South Bend, as per plat thereof recorded March 8, 1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County, Indiana. 10) Address: 1110 N. Johnson Tax ID#: 18-2078-2832 Legal Description: Lot Numbered Sixty-four (64) in Rockhill's First Addition in Portage Township, now within and a part of the City of South Bend as per plat thereof recorded April 9, 1908 in Plat Book 9,page 87 in the Office of the Recorder of Saint Joseph County, Indiana. 11) Address: 749 N. Lawndale Tax ID#: 18-1082-3429 Legal Description: Lot Numbered 136 in A.G. Cushing's Sixth Addition to the City of South Bend as per plat thereof recorded June 7, 1901 in Plat Book 8,page 28 in the Office of the Recorder of Saint Joseph County, Indiana. 12) Address: 913 N. Lawndale Tax ID#: 18-1089-3756 Address: Lot Numbered 206 in Vassar Park Addition to the City of South Bend, as per plat thereof recorded July 30, 1919 in Plat Book 10,page 87 in the Office of the Recorder of Saint Joseph County, Indiana. Together with a right-of-way over the North 4 feet of the East 75 feet of Lot Numbered 205. 13) Address: 1138 N. Olive Street Tax ID#: 18-2090-3369 Legal Description: Lot Numbered Three Hundred Forty-nine (349) in Mayr's Michigan Avenue Addition to the City of South Bend as per plat thereof recorded March 8, 1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County, Indiana. 14)Address: 1530 Van Buren Tax ID#: 18-1083-3458 Legal Description: Lot Numbered Eleven(11) as shown on the recorded Plat of John L. Taylor's Addition to the City of South Bend, recorded April 9, 1924 in Plat Book 11, page 140 in the Office of the Recorder of Saint Joseph County, Indiana. be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., 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 3 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 fmds 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. 4 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 three (3) 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 three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years as shown below, 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. Year 1 — 100% Year 2— 100% Year 3 — 100% Year 4— 100% Year 5 — 100% 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. Tim Scott, Council President South Bend Common Council 5 Filed in C k,,9-o ice BILL NO. 18-29 KAAEEI AH F0.WLER RESOLUTION NO. CITY CLERK, SEND,IN 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 902 N. Allen, 1145 N. Brookfield, 1306 N. Brookfield, 914 N. Cleveland 903 N. College, 917 N. Elmer, 1101 N. Elmer, 1229 N. Elmer, 1329 N. Huey, 1110 N. Johnson, 749 N. Lawndale, 913 N. Lawndale, 1138 N. Olive, 1530 Van Buren. AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A 5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Historic Lincoln Way West Homes, LP 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 902 N. Allen, 1145 N. Brookfield, 1306 N. Brookfield, 914 N. Cleveland, 903 N. College, 917 N. Elmer, 1101 N. Elmer, 1229 N. Elmer, 1329 N. Huey, 1110 N. Johnson, 749 N. Lawndale, 913 N. Lawndale, 1138 N. Olive, 1530 Van Buren South Bend, Indiana, and which is more particularly described as follows: 1) Address: 902 N. Allen Parcel ID#: 18-1085-3578 Legal Description: Lot Numbered Sixty-five (65) in Mussels Plat, First Addition to the City of South Bend as per plat thereof recorded in Plat Book 8, page 23 in the Office of the Recorder of Saint Joseph County, Indiana, together with the North Half of the vacated alley lying South and adjacent. 2) Address: 1145 N. Brookfield Parcel# 18-2080-2896 Legal Description: Lot Numbered Sixty-two (62) in C.R. Smith's First Subdivision in the City of South Bend as per plat thereof recorded July 2, 1919 in Plat Book 10,page 83 in the Office of the Recorder of Saint Joseph County, Indiana. 1 3) Address: 1306 N. Brookfield Tax ID#: 18-2083-3051 Legal Description: Lot Numbered One Hundred Forty-four(144) in Carmi R. Smith's Second Subdivision, as per plat thereof recorded May 16, 1922 in Plat Book 10, page 190 in the Office of the Recorder of Saint Joseph County, Indiana. 4) Address: 914 N. Cleveland Tax ID#: 18-1086-3640 Legal Description: Lot Numbered One Hundred Twenty-five (125) in Muessel's Second, an Addition to the City of South Bend, as per plat thereof recorded August 14, 1905 in Plat Book 9,page 13 in the Office of the Recorder of Saint Joseph County, Indiana. 5) Address: 903 N. College Tax ID#: 8-2072-2667 Legal Description: Lot Numbered Fifty-two (52) in Augustine's Addition to the City of South Bend, as per plat thereof recorded April 26, 1905 in Plat Book 8, page 194 in the Office of the Recorder of Saint Joseph County, Indiana. 6) Address: 917 N. Elmer Tax ID#: 18-2031-1028 Legal Description: Lot Numbered Fifteen (15) in Jacob Miller's Addition to the City of South Bend as per plat thereof in Plat Book 7, page 53 in the Office of the Recorder of Saint Joseph County, Indiana. 7) Address: 1101 N. Elmer Tax ID#: 18-2090-3402 Legal Description: Lot Numbered Two Hundred Ninety (290) as shown on the recorded Plat of Mayr's Michigan Avenue Addition to the City of South Bend, as per plat thereof, recorded March 8, 1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County, Indiana. 8) Address: 1229 N. Elmer Tax ID#: 18-2086-3224 Legal Description: Lot Numbered Three Hundred Ten(3 10) in Mayr's Michigan Avenue Addition to the City of South Bend, Indiana, as per plat thereof recorded March 9, 1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County, Indiana. 9) Address: 1329 N. Huey Tax ID#: 18-2087-3242 Legal Description: Lot Numbered Two Hundred Fifty-six (256) in Mayr's Michigan Avenue Addition to the City of South Bend, as per plat thereof recorded March 8, 1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County, Indiana. 2 10) Address: 1110 N. Johnson Tax ID#: 18-2078-2832 Legal Description: Lot Numbered Sixty-four(64) in Rockhill's First Addition in Portage Township,now within and a part of the City of South Bend as per plat thereof recorded April 9, 1908 in Plat Book 9,page 87 in the Office of the Recorder of Saint Joseph County, Indiana. 11) Address: 749 N. Lawndale Tax ID#: 18-1082-3429 Legal Description: Lot Numbered 136 in A.G. Cushing's Sixth Addition to the City of South Bend as per plat thereof recorded June 7, 1901 in Plat Book 8,page 28 in the Office of the Recorder of Saint Joseph County, Indiana. 12) Address: 913 N. Lawndale Tax ID#: 18-1089-3756 Address: Lot Numbered 206 in Vassar Park Addition to the City of South Bend, as per plat thereof recorded July 30, 1919 in Plat Book 10, page 87 in the Office of the Recorder of Saint Joseph County, Indiana. Together with a right-of-way over the North 4 feet of the East 75 feet of Lot Numbered 205. 13) Address: 1138 N. Olive Street Tax ID#: 18-2090-3369 Legal Description: Lot Numbered Three Hundred Forty-nine (349) in Mayr's Michigan Avenue Addition to the City of South Bend as per plat thereof recorded March 8, 1905 in Plat Book 8, page 190 in the Office of the Recorder of Saint Joseph County, Indiana. 14)Address: 1530 Van Buren Tax ID#: 18-1083-3458 Legal Description: Lot Numbered Eleven(11) as shown on the recorded Plat of John L. Taylor's Addition to the City of South Bend,recorded April 9, 1924 in Plat Book 11, page 140 in the Office of the Recorder of Saint Joseph County, Indiana. be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and 3 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 se q., 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; 4 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 three (3) 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 three (3) 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 property tax deduction for a period of five (5)years as shown below. Year 1 - 100% Year 2— 100% Year 3 — 100% Year 4— 100% Year 5 — 100% 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. 5 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. Tim Scott, Council President South Bend Common Council 6 TAX ABATEMENT REPORT TO: South Bend Common Council FROM:Daniel Buckenmeyer,Director of Business Development SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: Historic Lincoln Way West Homes,L.P. DATE:July 3,2018 On Monday, July 2, 2019, a petition from Historic Lincoln Way West Homes, L.P. was received and subsequently filed with the City Clerk for residential real property tax abatement consideration for 14 single-family homes in the area north of Lincoln Way West and west of Sherman Street. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached),investigated the area,and makes the following report. PROJECT SUMMARY 14) Fourteen single-family homes at an approximate assessed value of 910,000. The homes will have three or four bedrooms and 1,176 to 2,111 square feet. Each home will have an unfinished basement and a two car garage. The project is important in order to improve the residential area and property values of the surrounding neighborhood. The estimated cost of the construction project is$3,495,750. New project taxes during five year abatement period—$104,900 Estimated taxes being abated during five year abatement period—$66,982 Total taxes to be paid during five year abatement period—$37,918 1 1 Page ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or is associated with any previous abatements. 2. The Area Plan Commission has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the properties are not located in a Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a(5) five-year residential property tax abatement under section 2-77.1, Single Family Residential Construction. 2 ( Page Filed in Clerk's Office CITY OF SOUTH BEND,INDIANA JUL 0 2 2018 PETITION FOR RESIDENTIAL TAX ABATEMENT CONSID R Foot Eli CITY Q TH END,IN The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C., 6.1.1-12.1-1,et seq.,and South Bend Municipal Code Sec.2-76 et seg.,for this petition state the following: 1. Describe the proposed construction project, including information about square footage, number of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project(use additional sheet for long project descriptions): This project will consist of 14 single family homes to be constructed in the area north of Lincoln Way West and west of Sherman St. The homes will have three or four bedrooms and 1,176 to 2,111 square feet. Each home will have an unfinished basement and a two car garage. The project is important in order to improve the residential fabric and the property values of the surrounding neighborhood. 2. Estimate the dollar value of the construction project(do not include land cost):$ $ 3,495,750 3. The real property for which tax abatement consideration is petitioned(Property)is owned or to be 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 Historic Lincoln Way West Homes,LP 803 Lincoln WWa West,SB,IN 46616 stork Lincoln ayHomes,UP, LC'803 Lincoln way W est, 1 1 Equity Investor(to be determined) 99.99% a subsidiary of South Bend Heritage Foundation 4. The commonly known address of the Property is: Seethe attached list (Exhibit D)_and having tax key no.: See the attached list ((Ex.D) (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$ See Exhibit D use additional sheet for multiple addresses). (Information may be obtained from the St Joseph County Assessor's Office,235.9523). 9. 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): See the attached statement. (Exhibit D 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:$ 11190,000 Rev.5/13/11) 1 11. 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: This rpojectwillnotreceiveanyfundingfromtheabovesources. 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: dorm ev 1opmo-t 4 t U-r0T is not}ossible bec 0 12 ro ertvvalues in the surrounding neighborhood_ 14. The current use of the property is _vacant land. and the current zoning is SF2 --(use). (This information may be obtained from the Building Department 235.9553) 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): Economically Distressed Census Tracts 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name Anne Mani%,Neighborhood Development Associates,LLC,Co-Developer Address 724 W.Washington Street City,State,Zip South Bend,IN 46601 Telephone— 574-288-4369 E-mail Address amannix_nda@gmaflXam 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. 4oe wner(s): y West Homes,LP te partnersTiip. By o-Developer Ty ped or printed name and capacity) Executive Director,South Bend Heritage Foundation Rev.5/13/11) 2 CITY OF SOUTH BEND,INDIANA REQUIREMENTS FOR ALL PETITIONERS SEEKING SINGLE-FAMILY RESIDENTIAL DEVELOPMENT REAL PROPERTY TAX ABATEMENT CONSIDERATION FOR MULTIPLE PARCELS As a condition of granting a petition which seeks single-family residential real property tax abatement consideration for development of multiple parcels in the City of South Bend,Indiana, the petitioner seeking such abatement pursuant to the applicable provisions of the Indiana Code, the Indiana Administration Code and the South Bend Municipal Code must additionally agree to the following: 1. Filine Requirement with the Office of The City Clerk: File with the Office of the City Clerk,4 Floor County-City Building, South Bend,Indiana 46601,prior to the South Bend Common Council taking final action on a petitioner's Confirmatory Resolution for single- family residential construction where multiple parcels are involved and which is specifically addressed in § 2-77 of the South Bend Municipal Code,the petitioner's written information statement to be given to all individuals inquiring about any parcels in the petitioned area. 2. Required Contents of Information Statement: Said information statement must be on the petitioner's official stationary which lists their business name,street address, city, state and zip code,telephone and facsimile numbers,email address if any,and contact person(s) and which must include the following: Official name of the development as listed in the documents of record with the Office of the City Clerk of South Bend,Indiana A map of the development addressed.by the abatement listing the property key number for the parcel in question as well as its street address Verification of the number of years granted by the tax abatement and the month/year the final action was taken by the South Bend Common Council Verification and confirmation of the abatement's maximum dollar amount of the assessed value of the improvements on the parcel in question and a statement that the assessed value of the land is not abated Verification of the petitioner(developer's)duties with regard to the Statement of Benefits form(SB-1) Verification of the proposed property owner(s)' duties with regard to the FORM 322/RE which must be completed and filed by the owner and builder after completion of the home and prior to occupancy,with said form being attached to the Information Statement Rev.5/13/11) 1 4 An attachment of the Confirmatory Resolution which approved the abatement in question Inclusion of contact information, including but not limited to: Department of Community and Economic Development Division of Economic Development 1200 County-City Building South Bend,Indiana 46601 574)235-9371 574)235-9021 Facsimile St.Joseph County Auditor's Office 2nd Floor County-City Building South Bend,Indiana 46601 574 235-9668 574)235-5024 Facsimile Office of the City Clerk 4t'Floor County-City Building South Bend,Indiana 46601 574)235-9221 574)235-9173 Facsimile 3. Required Filing of All Revised Information Statements: Any Information Statements which are revised should be filed with of Office of the City Clerk as soon as practicable by the petitioner/developer and in no event filed later than their first use with prospective property owners in the affected tax abatement area. I,Marco Mariani,the petitioner of record seeking single-family residential development real property tax abatement consideratip for multiple parcels in the City of South Bend,Indiana, for the abatement co n referred to as Historic Lincoln Way West Homehereby ackno 1 the requirements set forth herein and agree to abide y ch condition Signature) Typed Name of R rd Address and Tele e Number of Record o LG Witness Signature W w W-`iA,c. 6 Typed Name and Official Capacity g q31-1 Address and Telephone Number Signed this day of July 2018 Rev.5/13/11) 2 4- Filed €6E Clerk's`,5 ice 20 PAY 20Sr TATEMENT OF BENEFITS M M REAL ESTATE IMPROVEMENTS FORM SBA/Real Prop ertyStateForm51767(13211-07) JULPrescribedbytheDepartmentofLocalGovernmentFiinanceve. s This statement is being completed for real property that qualifies und r the f {tq ah?a-G_od cheer one be ): CIXRedevelopment or rehabilitation of real estate improvements(IC 1-1.1-12 3 ' 'v'I t`t} CEP Eligible vacant building(IC 6-1.1-12.1-4.8) I i 1`1'CITEp#1K,SEl(JT Nr BEI•lp,I_a_J 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 ERA/VBD,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-11Real 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 6-1.1-12.14(d)for rehabilitated property and under IC 6-1.1-12.1-4.8(1)for vacant buildings apply to any statementofbenefitsapprovedonorafterJuly1,2000. The schedules effective prior to July 1,2000,shall continue to apply to a statement of benefits filed before July 1,2000. o • Name of taxpayer Historic Lincoln Way West Homes,L.P. Address of taxpayer(numberand street,city,state,and 21P code) 303 Lincoln Way West,South Bend,IN 46616 Name of contact person Telephone number E-mail address Name of designating body Resolution number South Bend Common Council Location of property County DLGF faxing district number see attached list.St.Joseph Description of real property Improvements,redevelopment,or rehabilitation(use additional sheets if necessary) Estimated start date(month,day,year) 5/1/2019 Single family homes with basements and garages Estimated completion date(month,day,year) 5/1/2020 Current number Salaries EMPLOYEES Number retained Salaries Numberaddltional Salaries 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 0-14,000 Plus estimated values of proposed project 3,618,418 910,000 Less values of any property being replaced 0- 0 Net estimated values upon completion of project I Estimated solid waste converted(pounds) FEtmted hazardous waste converted(pounds) Other benefits improving the residential fabric of the neighborhood. SECTION 6 TAXPAYER CERTIFICATION I hereby c7edrepres rese t t ons in this statement are true. Signature a e r' Title Dates' ned man ,day,year) TY J Page 1 of 2 C Filed in Clerk's Office Historic Lincoln Way West Homes JUL 0 2 2018 Exhibit A KAREEM/H'OWLEFi Legal Descriptions CITYCI.ERK,SOUTH BEND,IN PARCEL I: Lot Numbered Sixty-five(65)in Mussels Plat, First Addition to the City of South Bend as per plat thereof recorded in Plat Book 8,page 23 in the Office of the Recorder of Saint Joseph County, Indiana,together with the North Half of the vacated alley lying South and adjacent. (902 N.Allen) PARCEL II: Lot Numbered Sixty-two(62)in C.R.Smith's First Subdivision in the City of South Bend as per plat thereof recorded July 2, 1919 in Plat Book 10,page 83 in the Office of the Recorder of Saint Joseph County,Indiana. (1145 Brookfield) PARCEL III: Lot Numbered One Hundred Forty-four(144)in Carmi R.Smith's Second Subdivision, as per plat thereof recorded May 16,1922 in Plat Book 10,page 190 in the Office of the Recorder of Saint Joseph County,Indiana.(1306 Brookfield) PARCEL IV: Lot Numbered One Hundred Twenty-five(125)in Muessel's Second,an Addition to the City of South Bend,as per plat thereof recorded August 14, 1905 in Plat Book 9,page 13 in the Office of the Recorder of Saint Joseph County, Indiana.(914 Cleveland) PARCEL V: Lot Numbered Fifty-two(52)in Augustine's Addition to the City of South Bend,as per plat thereof recorded April 26, 1905 in Plat Book 8,page 194 in the Office of the Recorder of Saint Joseph County,Indiana.(903 College) PARCEL VI: Lot Numbered Fifteen (15)in Jacob Miller's Addition to the City of South Bend as per plat thereof in Plat Book 7,page 53 in the Office of the Recorder of Saint Joseph County, Indiana.(917 Elmer) PARCELVII: Lot Numbered Two Hundred Ninety(290) as shown on the recorded Plat of Mayr's Michigan Avenue Addition to the City of South Bend,as per plat thereof, recorded March 8, 1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County,Indiana.(1101 N. Elmer St.) PARCEL VIII: Lot Numbered Three Hundred Ten (310)in Mayr's Michigan Avenue Addition to the City of South Bend, Indiana,as per plat thereof recorded March 9, 1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County, Indiana.(1229 Elmer) PARCEL IX: Lot Numbered Two Hundred Fifty-six(256) in Mayr's Michigan Avenue Addition to the City of South Bend,as per plat thereof recorded March 8,1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County, Indiana.(1329 N.Huey) PARCELX: Lot Numbered Sixty-four(64)in Rockhill's First Addition in Portage Township,now within and a part of the City of South Bend as per plat thereof recorded April 9, 1908 in Plat Book 9,page 87 in the Office of the Recorder of Saint Joseph County,Indiana. (1110 N.Johnson) PARCEL XI: Lot Numbered 136 in A.G.Cushing's Sixth Addition to the City of South Bend as per plat thereof recorded June 7,1901 in Plat Book 8,page 28 in the Office of the Recorder of Saint Joseph County, Indiana.(749 Lawndale) PARCEL XII: Lot Numbered 206 in Vassar Park Addition to the City of South Bend,as per plat thereof recorded July 30,1919 in Plat Book 10,page 87 in the Office of the Recorder of Saint Joseph County, Indiana.Together with a right-of-way over the North 4 feet of the East 75 feet of Lot Numbered 205. 913 Lawndale) PARCELXIII: Lot Numbered Three Hundred Forty-nine(349)in Mayr's Michigan Avenue Addition to the City of South Bend as per plat thereof recorded March 8,1905 in Plat Book 8,page 190 in the Office of the Recorder of Saint Joseph County,Indiana.(1138 Olive) PARCEL XIII: Lot Numbered Eleven (11)as shown on the recorded Plat of John L Taylor's Addition to the City of South Bend,recorded April 9,1924 in Plat Book 11,page 140 in the Office of the Recorder of Saint Joseph County,Indiana. (1530 Van Buren) 1 o l ! 1 -J IQ IqAV_A4pd tv >1 rfl 0 is J!onbojl is-JOI/r J C o Q) 0 is 1103S 1,l Q) D D V > C: a, C 0 6) M (1) hing St x E E co veHMM 0 822C) IRW ui z z z Z z M 0zZZ08 ,z; ix. n M4\ ON UJ Opt M 0 M P,w M 3: .- QJ 0 Allen s JE I AV Gt.11qlPAJO9PlIs IS WlEl U) 0U iEp-Cjid-- veQ) W In tut-LTt---N C-i- Jl-Cf)w 0 77 cu 0 1-LL 1i LL T 1.2 9z 0(o z z uj EF SW V--N L u LI V L E— N-Ilici afield IJ-oFnson*C CD Cf) 0 PEI 0 0 MISAanH U) C: 0) gg k1CCD W:Elmer St 0.--- LL co U) GAIIO N Wolive-S 0 0)0 U) IS IUOLU@Jj Fremont 7 9 Be tL 44 Kaley St D 0 a! r IE g imE=7-,'—Ict esdq03 r---1O-- TD 103 co 119111D c -1 45 (D U) co EE < o0 co Goodlan v U) li ii s I M F&,- A IF] EXHIBIT C 902 N. A I len lookin east k t 1 145 N. Brookfield o 1 EXHIBIT C 1306 N. Brookfield t ar s: c E. 903 N.Colle •• 1229 N. Eliner lookin RAF• ..., r ;l b 1320 Hue lookin west tom EXHIBIT C 1 110 N.Johnson (looking east 749 Lawndale lookin west) t r. EXHIBIT C 913 N. 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O -gyp -D aJ 3 o o °' b v v c c c v CO au YCJ v cooa o E o O O Z N Q m m U U W W Z J J O > W V a L Z Z Z Z Z Z Z Z Z Z Z Z Z U N Ln lD zT m m r- m O m m m O O .-I O N r-I N e-i C)• r-I M m O M r-i O _1-1 r-i r-I r-i r-i t\ r-i r-i r-iY N V) +., 1-1 N m d LO Lo r- W Ol o e-i N m d LF c,e CITYIaeS I M CITY OF SOUTHBEND COMMUNITY INVESTMENT JAMES MUELLER, EXECUTIVE DIRECTOR July 2,2018 Council Member Gavin Ferlic,Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend,IN 46601 RE:Multifamily Real Property Tax Abatement Petition for: Historic Lincoln Way West Homes,L.P. Dear Council Member Ferlic: Please find the attached information pertaining to a real property tax abatement petition submitted by Lincoln Way West Homes,L.P.to renovate a former brewery building located at 1636 Lincoln Way West Street, South Bend. The building will be converted to a residential structure with 22 apartments and common spaces for resident use.This petition package includes: Department of Community Investment's summary report Petition Statement of Benefits form Supporting information. The report contains the Department's findings relative to the above petition. The petitioner proposes to renovate the building with estimated cost of$6,404,000. The project meets the qualifications for a(10) ten-year multifamily property tax abatement and a representative from Historic Lincoln Way West Homes, L.P.will be available to meet with the Committee on Monday,July 9,2018. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-5823. Since el , Danie Buckenmeyer Director Business Development DANIELJ.BUCKENxIEYER ALKEYNA ALDRIDGE PAMELA MEYER TAI CORCORAN BUSINESS DEVELOPMENT ENGAGEMEN r&ECONOMIC Dapo ERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&COM,b[UNrrY RESOuRCES EXCELLENCE i ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 1400S County-City Building i 227 W.Jefferson Blvd.I South Bend,Indiana 466011 p 574.235.93711 www.southbendin.gov I y BILL NO. 18-32 Filed in Clerk's pace d4 0 32018 BILL NO. 18-32 KAREEMAM FOWLER RESOLUTION NO. CITYCLERK,SOUTH BENp, IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS SOUTH BEND BREWERY PLACE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR Historic Lincoln Way West Homes, 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 1636 Lincoln Way West, South Bend, IN 46628 and which is more particularly described as follows: A part of the North Half of the Northeast Quarter of the Southeast Quarter of Section 3, Township 37 North, Range 2 East, now within and a part of the City of South Bend, which part is bounded by a line running as follows: Beginning at the intersection of the East line of College Street with the Southerly line of Lincolnway West (formerly Michigan Avenue) in the City of South Bend, thence running South 67 1/2 degrees East with the Southerly line of Lincolnway West, a distance of 411.6 feet, more or less to the Northwest corner of a tract of land formerly owned by Herman Huffman; thence South parallel with the East line of said Section 3 to the North line of Rupel Street; thence West with the North line of Rupel Street to the intersection of said North line of Rupel Street with the East line of College Street; thence North with said East line of College Street, to the place of beginning, excepting therefrom the right of way across said tract occupied by the Indiana, Illinois and Iowa Railway Company, a branch of the New York Central Lines, and excepting therefrom the following described tract: Beginning at the intersection of the South line of Lincolnway West formerly Michigan Avenue) with the East line of the right of way of the Indiana, Illinois and Iowa Railway Company, a branch of the New York Central lines, which point is 329.3 feet South 67 1/2 degrees East of the point of intersection of the East line of College Street with the Southerly line of Lincolnway West, thence running South 67 1/2 degrees East with the Southerly line of said Lincolnway West a distance of 81.4 feet, more or less, to the Northwest corner of a tract of land conveyed to Herman Hoffman by Jonathan P. Creed and Lucretia M. Creed, by deed dated December 2, 1896 and recorded in Deed Record 102, pages 560-1, Recorder's Office of St. Joseph County, Indiana; thence South parallel with the East line of said Section 3, 173.2 feet, more or less to the North line of Rupel Street, thence West along the North line of Rupe 1 Street 215.29 feet, more or less to the East line of said right of way of Indiana, Illinois and Iowa Railway Company, thence Northeasterly along the Easterly line of said right of way 247 feet, more or less, to the place of beginning. and which has Key Numbers 18-2018-0536 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 three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION Il. The Common Council hereby determines that the property owner is qualified for and is granted a real property tax deduction for a period of(10) ten years as shown below and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 — 100% Year 2 - 100% Year 3 - 100% Year 4— 100% Year 5— 100% Year 6—95% Year 7—95% Year 8 —95% Year 9—90% Year 10—90% 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. Tim Scott, Council President South Bend Common Council Filed in Clerk's Office JUL 0 3 20113 BILL NO. 18-30 KAREEMAH FOWLER RESOLUTION NO. CITY CLERK,SOUTH BEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS SOUTH BEND BREWERY PLACE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR Historic Lincoln Way West Homes, LP WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1636 Lincoln Way West, South Bend, IN 46628 and which is more particularly described as: A part of the North Half of the Northeast Quarter of the Southeast Quarter of Section 3, Township 37 North, Range 2 East, now within and a part of the City of South Bend, which part is bounded by a line running as follows: Beginning at the intersection of the East line of College Street with the Southerly line of Lincolnway West (formerly Michigan Avenue) in the City of South Bend, thence running South 67 1/2 degrees East with the Southerly line of Lincolnway West, a distance of 411.6 feet, more or less to the - Northwest corner of a tract of land formerly owned by Herman Huffman; thence South parallel with the East line of said Section 3 to the North line of Rupel Street; thence West with the North line of Rupel Street to the intersection of said North line of Rupel Street with the East line of College Street; thence North with said East line of College Street, to the place of beginning, excepting therefrom the right of way across said tract occupied by the Indiana, Illinois and Iowa Railway Company, a branch of the New York Central Lines, and excepting therefrom the following described tract: Beginning at the intersection of the South line of Lincolnway West (formerly Michigan Avenue) with the East line of the right of way of the Indiana, Illinois and Iowa Railway Company, a branch of the New York Central lines, which point is 329.3 feet South 67 1/2 degrees East of the point of intersection of the East line of College Street with the Southerly line of Lincolnway West, thence running South 67 1/2 degrees East with the Southerly line of said Lincolnway West a distance of 81.4 feet, more or less, to the Northwest corner of a tract of land conveyed to Herman Hoffman by Jonathan P. Creed and Lucretia M. Creed, by deed dated December 2, 1896 and recorded in Deed Record 102, pages 560-1, Recorder's Office of St. Joseph County, Indiana; thence South parallel with the East line of said Section 3, 173.2 feet, more or less to the North line of Rupel Street, thence West along the North line of Rupe 1 Street 215.29 feet, more or less to the East line of said right of way of Indiana, Illinois and Iowa Railway Company, thence Northeasterly along the Easterly line of said right of way 247 feet, more or less, to the place of beginning. and which has Key Numbers 018-2018-0536 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS,petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et Seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable 2 for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to three (3) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of(10) ten years as shown below. Year 1 — 100% Year 2 - 100% Year 3 - 100% Year 4— 100% Year 5 — 100% Year 6—95% Year 7—95% Year 8—95% Year 9—90% Year 10—90% 3 SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council 4 TAXABATEMIENT REPORT TO: South Bend Common Council FROM:Daniel Buckenmeyer,Director of Business Development SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: Historic Lincoln Way West Homes,L.P. DATE:July 3,2018 On Monday, July 2, 2018, a petition from Historic Lincoln Way West Homes, L.P. was received and subsequently filed with the City Clerk for real property tax abatement consideration for property located at 1636 Lincoln Way West Street, South Bend,IN 46628. Pursuant to Chapter 2,Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition(a copy of which is attached),investigated the area,and makes the following report. PROJECT SUMMARY Estimated $6,404,000 renovation of a former brewery building which is currently being used for an antique store and glass repair facility. The building will be converted to a residential structure with 22 apartments and common spaces for resident use. This project will result in the improvement of a blighted structure that is located on a major artery that leads from the airport to downtown South Bend. All apartments will be available for use by low and moderate income individuals and families for the duration of the abatement Estimated total taxes on the renovated building during the ten (10) year abatement period—$664,520 Estimated taxes being abated during the ten(10)year abatement period—$537,578 Estimated taxes to be paid during the ten(10)year abatement period—$126,942 EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: Create 1 permanent,full-time jobs within three years,representing a new estimate annual payroll of$40,000 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with previous abatements. 2. The Area Plan Commission has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a(10)ten-year real property tax abatement under section 2-84.2,Real Property Tax Abatement. City of South fiend UT eFS Petition-forI-ncentives QQ Petition must Include a$250 filing fee payable to the fifty,Clerk's Of/ice or oil%tne v1ri the City'ss we6sHJ 411 http.11southbendln gov/govemment/content/tax-obatement:before processing epn be complete Gelareal r%onailo! Y y proJecENarne. Historic LWW Homes l?rgjectJ h r_j=kAAH O Le'al name as registered with Secretary of Historic Lincoln Way West Homes, L.P. cLEfiK,S ' "1` Inessstructure a to-be-formed limited partnership Gompanywehsrte www.sbheritage.org ron5edp ) ctl jfgrrnalXt.rl.r..>...i-i_. _ h`¢.wi : r t `.` •:" 'S'.`.`w.µ a Proposed project address 1636 Lincoln Way West P e" -y--"an'e South Bend Heritage Foundation pty,State zip South Bend,IN 46628 l,or.wng. Ethel Anderson Sfte d'creage or.acreage required 3 acres is the real estate'ow"ed orOwned 7.28,858 Sq. ft. Ifleasedbywho SyuarefeatoffadlEry - Y rn NA pO 2Gt tilDrLrr a ' r' , 3 j' ' r"t•-!_:"2.. i. .. g :?.1;i,`.:,',.r'+ ',3- a•, , E s-?_-:s5,.'.r,...a - - - :.: r l,e_.,.4_.r .ke ,f- a.;•F'. T .E+'tlL... ot.'Primary company contact name fie`Anne Mannix Co- Developer Address ofeompanycontaa Phope:--724 W.Washington 574-288- 4369 GtY,5tatei Zip. .. Email•South Bend,IN 46601 amannix.nda @gmaiLcom Jp ffl4r+al nfo m_allon s°" t rjs 1011111 a ' Company senior offidal- name - 4 Marco Mariani Title- Co-Developer, Executive Director Ai dress of company contact(if different fromphone803LincolnWay West 289- 1066 City]State,Zip Email.'..;South Bend,IN 46616 marcomariani @sbheritage. org nstah"t Ififf1m Hired.business consultantlagent name Consultant release(Y/f) 1.Address Leal economic cidiMcipment' partners r6val' pClty'r,,State{ZiP:, Emall - --R;i ,,§ ai a_ Brief description of your -cam0ani piojecF andvuhythe This property is a former brewery which is currently being used for an property.kaecessaryfor antique store and a glass repair facility. The building will be converted econnmicgrowtEr: to a residential structure with 22 apartments and common spaces for resident use. This project will result in the improvement of a blighted structure that is located on a major artery that leads from the airport to downtown South Bend.Certifled Technology Park appropriate NA I;theprojectInaTax Incremental.Financing, Yes Certify that the BuilditPermfthasnotbeenbei!o res{d Pt by No permit issued 22 Ifthls Is a petitionfor personal propertytax abatement, has NA the 1 mentbeeninstalled It esttper} Egtails Public infrastructuierieeds(Off- Has any 544 funding been Whati sthe value of any equfpment being purchased In What is the valueofanviWipmembeing site of project Indallars) received? btdlanafortheproject? purchased from'outafstatefor the project?0- No 0- New Rroect-loves#ments GalendarY.ear, 016 2037 . 2D18 .2019 <' 2020 " 2021= 2022 2023 Land Acquisition 12,000 Building Lease Payments Building Purchase Costs 112,500 New Building Construction Existing Building Improvements 4,269,333 $2,134,667 New Machinery&Equipment special Tooling/Retooling New Furniture/Fixtures 80,000 New Computer/Ir Hardware _ New Software On-site Rail Infrastructure On-site Fiber Infrastructure 7`07AL Full_Time Permanent lndranaResrderrEosdlons kty Calendar Year Calendar Year ~.Jobsretained Total hourly=_- :eumulat'vetl ofinet NEW full time `Hourly averagewage,wlo Total training To tall#to be permanentiohscreatedatprojecc benefits-orb'onuses,of- expenditure-- trained-not fIige or cumulative net new jobs- not cumulative bonuses cumulative' 2016 zoii 2018,' 2019 23 2020 ozi - Z622 -- _ 2023 ,>.. 2024 2025 = 2026 . 2027 rflp; etourSywage fiormattonfor new:einployees in the following positions. Fulltime.J-- —- Part time Laborers Technical Managerial - - Administrative Who,will beffiTe m rvn ua respoialsible tor coordinating with WorkOne on recruiting? - - Does your company have an EEO hiring poliey7 Are you an EEO employer? - PleaseLstthenumberoffulltimeand'parttrrnemmorityand/orfeinaheemployeesforeac iof Plea:edesvmeyourcommitmmtto s s -x-the last thf8e years r- _ tr diversity and inclusion by detailing your outreach-and recruitment eff"for the last tHispinic ar 2017 2017 2017 three years as well as current policies. Fu111ime. 'Part Time- FullTmre' PartTirrm.e Full Time PartTrme- an Indian Female ggg Other i riC pnp7etebelow folrReal mo Proet#ix m ntxo l { i x ayt r = PI ases e esed'Ir t e;, '" F 1h t 'S ___,s.*? f F uti,,.d.. .r}z4,.ri(r, ;a`•sc...c:7%._..1.a.- i..-i3.s t ..::Ila Public Benefit Item Information is required ori`tioth the;construction tompanies'and the companieswhich will provide materials purchased forxhis prnlect.Qualify. Please complete the-table below with'the appropriate mformatinn if Earrfed Points Available"Paints" yes ar No) you qualify forrthe points;please enter-the:full amount 6611ailatile points:, 1 Construction Related(Contractors) - " A. Employ LOcal Companies(75%) Yes 20 20 B: Purchase Materials from1o,cal Co10panies:(75%): Yes 20 20 C. i Require Erpployees vs.Independe 1t9yj ractors;. 19 0, Reijulre Prevalhng Wage(Davis Bacon) 22 E. Require Health Benefits: 22 F: Regulre Pension Benefits 18 G. M@IntaJn Affirmative A:ctiar Pian_ Yes 20 20 Subtotal Coristructian Related:..; 60 141 2 Wage&Benefit.RelatedlQu+ned A. Pay Target Wage Levels Yes 33 33 B. Provide Health Benefits Yes 34 34 C. Provide Pension Benefits 29 r` Yes 28 28D. provideTraining. E. Piovlde Child Care 15 F: Provide TransportatlonAssistance 14 G. Provide Employer Assisted Housing'program 9 Sub-total Wage&Benefit Related,- 95 162 3 Nlorkforce Related A: Create New Jobs,Yes 42 42 B Retain ExistingJobs Yes ai C., Maintain Affirmative is 35 D. Provide Targeted:HlringPreferenc.e 34 ub-total W"Bkforceelated 83 152 4 Suoport a Munidaal Facility suppomasBMunicipa i'Facility(cfari tidrf tiithe_: A. Yes 84 84loo,conseniatory,museum etcr).;_ Namebf Facility-.-L3r Sub-totalWunicipal`facility ea 84 Sub-total from Above: 539 Tfie undersigned owners)of real prope , owted withirrihe city of South"Bend'herby petition the-Common Council of the'City of South Bend for areal and/or persona r0 r.t --abatement:consideration and pursuant to I C. 671.1-12.1-1,et sea.,and So h Bend Mu cl a Cod e,S ee,2 76.et.seg•for this petition stet th 'above. GvFib}T 4h ourelitast} 9ssh 78,200 Ma1pr4 PpI;R<r3 _t.k.. Mai 20,000$990,00e at tskhesa,cueerrumbe?(or 018-2018-0536 IlYhatSatheslii"d f c6d8t'?" ' PJmsflgttddra nagle-m$p-an8tvigwc€tiie=ocatTcn'`.?r x ' Attached. Pl easelfsttheamounrealaKd:Pgfm e P aP? ' Real ioperTyYaxern Tex af forthelast#fvey_:.a.-.- •{ -...}.` T:I`--?'.c..d-,.'.f :r' t'-av-a.-;;,,- *- Fes"•`=,¢2.} a rtanonesl gac .. sr bs,3H iS.,Z.'iF`k.' r4fs•'-' 0 0 NY i'.ri`'?f.*clS;yS::-`:i::k:.r: y`.. ditib2h:RJ•yi...[€ Q O- a fiti ` qy,, 4- AYatl`+ i ed .wt Se311 11 OW•'kY„UO S tnma rm D n ddtoto2a _.m,FEW ME D 229.now J2?G"(+"+'F ;c.!•;`"- r: •rta4x` ls'> xrx..,'Yxnst s.+.+e iKr t-. Ytx?Ii jc#e. Hs;`s}. -- edQe o aazSped eeds r_> Yes 49 g Dgveld .. s 'DnBeMB Yes 36 RB13te 120 a 85 tiw, .-f•:.:earva.p;?^6'r i7K#?! t6''t .F, f,:'ItA 6'-:,t:,-,:u G= .'Pf0- in=VeinesaYe 4nirtlilfatfue _- p 68 y:aas;rvaX,ir:;r?r ty->ra-z.ciY=.s H'-;• ",2 t t 65 RPM 7 r+'_ ' Sltl '•i:' 210 Gusar PSystot r7Nnidpa'lofra3trLCture..e, t P t TICsArrfiorsP.BPd ng5 a4 ... z 14Rr M5,0"' 26otExSerisdBP3a'': 39 s 131 s• Y - - `t-x s urxA;•_,' r - _ 7 +S:k`:'>'_` 85 53997otadnm.nPPISeclon: . _;.r:}r 8^ k :i;A'. 461a'• F;, T • J lir!t•?a Tl.:4--5.::;:k1:7 5^•` nd'roi:.3;?t +' u;;.?,?;;i:'7 •"•.:z'G-:,- i-i 1000TotalPRceirefitPoi Oad in Clerk's Off lea STATEMENT OF BENEFITS 20 PAY 20_ REAL ESTATE IMPROVEMENTS State Form 51767(R6 I i 0-14) FORM SB-1 f Real Pfopefty Prescribed by the Department of Local Government Finance iI PRIVACY NOTICE This statement is being completed for real property that qualifies under the following Inldiatlta Fd'd4 eh7h 1fiAtskj I Any information conceming the cost Redevelopment or rehabilitation of real estate Improvements IC li 1.1-12. t E { of the properly and specific salaries p Pr Tii C {, } I iND,Ct i paid to individual employees by the Residentially distressed area(1C 6 1.1-12.1-4,1)property owner is con Fldentiai pery IC 6-1.1-12.1-5.1. INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be submitted to the designating body BEFORE the redevelopment orrehabilitation ofreal property for which the person wishes to claim a deduction.2. The statement ofbenefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction,a Form 3221REmust be filed with the County Audiforbefore May 10 in the year in which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed to the property owner if it was mailed afierApol 10. A property owner who failed to file a deduction application within the prescribed deadline may file an application between March 1 and May 10 of a subsequent year 4. A property owner who files for the deduction must provide the CountyAud(torand designating body with a Form CF-I/Real Property. The Form CF-1/RealPropertyshouldbeattachedtotheForm3221REwhenthedeductionisfirstclaimedandthenupdatedannuallyforeachyearthedeductionisapplicable. IC 6-1.1-12.1-5.1(b) 5. For a Form 3B-11Real Property that is approved after June 30,2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect. iC 6-1.1-12.1-17 SECTION Name of taxpayer Historic Lincoln Way West Homes, L.P. (a to be formed limited partnership) Address of taxpayer(numberand street city stale,and ZIP code) 803 Lincoln Way West,South Bend, IN 46616 Name of contact person Telephone number E-mail address 322 SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name ofdesignating body Resolution number Location of property County DLGF taxing district number 0 Description of real property improvements,redevelopment,or rehabilitation(use additional sheets ifnecessary) Estimated start date( onth day,year) 5/1/2019 Conversion of a former brewery building into 22 residential apartments. Estimated completion date(month day,yeah 5/1/2020 Curcant number Salaries Number retained Salaries Number additional Salaries No permit issued 1 40,000 REAL ESTATE IMPROVEMENTS COST ASSESSEDVALUE Currentvalues 1$ 125,000 120,600 Plus estimated values ofproposed project 1$6,404,000 1,430,000 Less values of any property being replaced 0- 0- Net estimated values upon completion of project S6,529,000 1,550 600 Estimated solid waste converted(pounds)Estimated hazardous waste converted(pounds) Other benefits Improvement of a deteriorated property on a major arterial road that leads from the airport to downtown South Bend. TAXPAYER CERTIFICATINSECTION I hereby •itify that th re sNnt tions in this statement are true. Signature a re s fa a Date signed(month,day,year) July 2,2018 Printed name c authorized rqtlfa v d'J\'7 Title IMarcoMariani,Exe utl a Director Executive Director Page 1 of 2 FOR USE 6F THE 4ESIGNATING_.. We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6.1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years'(see below). The date this designation expires Is B. The type of deduction that Is allowed In the designated area is limited to: 1.Redevelopment or rehabilitation of real estate Improvements Yes No 2.Residentially distressed areas Yes No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions(spec fy) 1= Number ofyears allowed: Year 1 Year 2 Year 3 Year 4 Year 6 (*see below) Year 6 Year 7 Year 8 Year 9 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-171 Yes No If yes,attach a copy of the abatement schedule to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the Information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and We ofauthwized member ofdaslgnat0g,body) Telephone number Dale signed(month,day,year) Printed name of authorized member of destgnating body Name of designating body Attested by(signature and tale ofattester) Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area,that Rmftatlon does not Ilmft the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Form SBA/Real Property was approved prior to July 1,2013,the deductions established In IC 6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(6)years. For a Form SB-1/Real Property that Is approved after June 30, 2013,the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten 10)years. (See IC 6-1.1-121-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1lReal Property was approve¢pdor.to_July 1,2013,the abatement schedule approved by the designating body remains in effect For a Form SB-ifReal Property that is approved after June 30,2013,the designating body is required to establish an abatement schedule for each deduction allowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sea 17.(a)Adesignating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.6 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's Investment in real and personal property. 2) The ntunber of new fuli-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The Infrastructure requirements for the taxpayer's investment. b) This s ibsectlon applies to a statement of benefits approved after June 30,2013. Adesignating body shall establlsh an abatement schedule for each deduction allowed under this chapter. An abatement sdredule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resohrtion approving the taxpayer's statement of benefits. Page 2 of 2 EXHIBIT"A" A part of the North Half of the Northeast Quarter of the Southeast Quarter of Section 3,Township 37 North,Range 2 East,now within and a part of the City of South Bend,which part is bounded by a line running as follows: Beginning at the intersection of the East line of College Street with the Southerly line of Lincolnway West(formerly Michigan Avenue)in the City of South Bend,thence running South 67112 degrees East with the Southerly line of Lincolnway West,a distance of 411.6 feet,more or less to the- Northwest comer of a tract of land formerly owned by Herman Huffman;thence South parallel with the East line of said Section 3 to the North line of Rupel Street;thence West with the North line of Rupel Street to the intersection of said North line of Rupel Street with the East line of College Street;thence North with said East line of College Street,to the place of beginning,excepting therefrom the right of way across said tract occupied by the Indiana,Illinois and Iowa Railway Company,a branch of the New York Central Lines,and excepting therefrom the following described tract: Beginning at the intersection of the South line of Lincolnway West(formerly Michigan Avenue)with the East line of the right of way of the Indiana, Illinois and Iowa Railway Company,a branch of the New York Central lines,which point is 329.3 feet South 67112 degrees East of the point of intersection of the East line of College Street with the Southerly line of Lincolnway West,thence running South 67112 degrees East with the Southerly line of said Lincolnway West a distance of 81.4 feet,more or less,to the Northwest comer of a tract of land conveyed to Herman Hoffman by Jonathan P.Creed and Lucretia M.Creed,by deed dated December 2,1896 and recorded in Deed Record 102,pages 560-1,Recorder's Office of St.Joseph County,Indiana;thence South parallel with the East line of said Section 3,173.2 feet,more or less to the North line of Rupel Street, thence West along the North line of Rupel Street 215.29 feet,more or less to the East line of said right of way of Indiana,Illinois and Iowa Railway Company,thence Northeasterly along the Easterly line of said right of way 247 feet,more or less,to the place of beginning. Property Address Reference:1636 Lincolnway West,South Bend,IN 46628 Fired in Clerks ffiIDJUL022019 REE10AH FO>/LERGtTyGLERK,SOUTH BE,IV INI ORT Form 4690 A&1-16 Schad&A Page ALTA Comm1herd for Title Insurance Flle No.17-366933 a If it l - fit , 1 t f r' at y. r>', 9• r ' \ it e cam :, I n i l y' r•, t,_. r -: I 1 a 7 v Qt. anti lw (t CL d U Fr is i t ti s 2P a I I is 1 I r I y I I I 1200 COUNTY-CITY BUILDING lp'UTR PHONE 574/235-9241 S 227 W.JEFFERSON BOULEVARD FAX 574/235-7670 TTY 574/ 235-5567SOUTHBEND,INDIANA 46601-1830 M1 fU di w euoe y 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF LAW STEPHANIE STEELE ALADEAN M.DEROSE CORPORATION COUNSEL CITY ATTORNEY July 18,2018 Filed in Clerk's Office JUL 18 2018 Mr.Tim Scott,President South Bend Common Council KAREEMAH FOWLER 227 West Jefferson Blvd., 4'Floor CITY CLERK,SOUTH BEND,IN South Bend, IN 46601 Re: Resolution Approving Continuance of Human Commission Rights Lease Dear Council President Scott: Attached for filing with the South Bend Common Council is a Resolution concerning the South Bend Human Rights Commission's (HRC) lease of office space at 319 Niles Avenue, South Bend. The City has had a lease of this space since 2012 when the Council made its original finding that the lease was necessary (Common Council Resolution No. 4193-12 passed July 9,2012).That fact remains true;no other property owned by the City can provide the HRC and its many clients with centrally located, fully accessible space close to a bus route. For that reason the City administration seeks Council's finding pursuant to Ind. Code that a further lease of the same space is needed. A copy of the proposed lease is attached. It commences on August 1,2018 and is terminable July 31,2023 at the latest. Prior to that it is terminable under certain conditions with six months' notice. The Board of Public Works will hold public hearing on this lease at a public meeting scheduled for July 19,2018,and I will provide the Council with a copy of that resolution. Placement of this resolution on the Council's agenda for its meeting on July 23,20 18 is requested. It may be presented by any one or combination of the following persons:Jennifer Hockenhull, Christina Brooks,Lonnie Douglas,and/or myself. ELLIOT A.ANDERSON ASHLEY MILLS COLBORN CLARA MCDANIELS SANDRA KENNEDY THOMAS E.PANOWICZ DANIELLE CAMPBELL WEISS BILL NO. 18-35 Mr.Tim Scott,President July 18,2018 Page 2 Thank you for your consideration. Sincerely, Aladean DeRose City Attorney c:Jennifer Hockenhull Lonnie Douglas Christina Brooks Benjamin Daugherty Filed in Clerk's Office J l 1 a Zola BILL NO. 18-35 in KAREEMAW FCWLk-f RESOLUTION NO. CITY CLERK,SOVrb 5FEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REAFFIRMING AND APPROVING THE NECESSITY OF THE LEASE OF BUILDING LOCATED AT 319 NILES AVENUE, SOUTH BEND,INDIANA FOR USE BY THE SOUTH BEND HUMAN RIGHTS COMMISSION WHEREAS, this Council, by Resolution No. 4193-12 on July 9, 2012 previously determined that it was necessary for the City of South Bend to enter into a real estate lease for property located at 319 Niles Avenue, South Bend, Indiana(Property), as office space used by the South Bend Human Rights Commission(HRC); and WHEREAS, the City entered into a five year lease with then-owner 319 Niles, LLC, and the HRC space of the leased premises was redesigned and reconfigured to the specific needs of the HRC; and WHEREAS,the original five (5) year lease term has expired, and the City on behalf of the HRC desires to enter a similar lease for another five year term with current owner and landlord MedPro Properties, LLC; and WHEREAS, since this Common Council initially determined the need for this leased property in 2012,there has been no change in the circumstances of the HRC's need for this fully accessible space which is convenient to the HRC and its many service applicants which space is not available in any currently City owned real estate ; and WHEREAS,the Board of Public Works held a public hearing pursuant to Ind. Code § 36-1-10-13 with respect to the appropriateness of the proposed lease renewal at its meeting on July 19, 2018 approved Resolution No. 37-2018 (attached) recommending continuance of the City's lease at this property; and WHEREAS, pursuant to I.C. § 36-1-10-7,the Common Council must determine that the structure remains needed by the HRC. NOW, THEREFORE,BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council determines that the improved building located at 319 Niles Avenue currently used as the administrative office of the South Bend Human Rights Commission remains needed for that purpose, and that it is appropriate to continue the City's tenancy at the Property. 1 Section II. The City of South Bend is hereby authorized to lease the Property on terms approved by the Board of Public works, as the same may be renewed, extended, or modified with the approval of the Board of Public Works. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council. Tim Scott, Council President South Bend Common Council LEASE AGREEMENT The parties to this Lease Agreement ("Lease"), entered into on August 1, 2018 and effective May 1, 2018, between MedPro Properties LLC ("Landlord") and Human Rights Commission City of South Bend ("Tenant"), hereby agree as follows: 1. PREMISES AND PREPARATION. The Landlord hereby leases to the Tenant and the Tenant leases from the Landlord, subject to all of the terms and conditions hereinafter set forth, office space as shown on the space plan attached hereto as "Exhibit A" containing approximately 2,975 square feet of rentable space the "Premises") in the office building which is commonly known as 319 Niles Avenue, in St. Joseph County, Indiana, (the 'Building") and which is situated on the tract of land described in "Exhibit B" attached hereto. 2. TERM. The term of the Lease of the Premises shall be sixty months commencing August 1, 2018, and ending July 31,2023. However, after July 31,202-019,Tenant shall have the option to terminate this Lease for any reason upon giving Landlord six months advance written notice of intent to terminate. Landlord shall have the right within that six month period from notice of lease termination to show the premises to other potential tenants during business hours upon 24 hours' notice to Tenant, notwithstanding any other term in this Agreement. 3. USE. The Premises shall be occupied and used by the Tenant for general office use as an administrative facility for the South Bend Human Rights Commission use and for no other purposes. 4. BASIC RENT. A. For the entire Term, the Tenant agrees to pay to Landlord rental payable in advance in equal monthly installments on the first day of each calendar month which shall be in the amounts set forth in this Section and in this Lease as "Basic Rent." B. Basic Rent for the initial year of the Lease shall be approximately Twenty Thousand Eight Hundred Twenty-Five Dollars and Zero Cents ($20,825), payable in equal monthly installments of Seventeen Hundred Thirty-Five Dollars and Forty-One Cents ($1,735.41) payable in advance on the commencement date of the Lease and thereafter on the first day of each calendar month. During the initial year of the Term,Basic Rent equates to an annual rate of Seven Dollars and Zero Cents ($7.00)per rentable square foot year. C. Effective on the first day of the month following the initial year of the Term, and the first day of the month following every year thereafter, Basic Rent shall increase by three(3)percent of the preceding year's annual rent. The following table summarizes Basic Rent throughout the Term of the Lease. Lease Years Annual Rent Monthly Rent Per Rentable Square Foot 08/01/18 to 07/31/19 20,825.00 1,735.41 7.00 08/01/199 07/31/20 21,449.75 1,787.47 7.21 08/01/20 to 07/31/21 22,093.24 1,841.10 7.43 08/01/21 to 07/31/22 22,756.04 1,896.33 7.65 08/01/22 to 07/31/23 23,438.72 1,953.22 7.88 D. The basic rent together with the additional rent as defined in paragraph 5 hereof are referred to hereinafter as "Rental". Tenant hereby agrees to pay the Rental monthly to Landlord at Landlord's building management office or at such other location as Landlord may designate from time to time,without demand. Any portion of the Rental or other charges not paid when due shall bear a delinquency service charge equal to five (5%) percent of such delinquency, provided Landlord has submitted an invoice for payment by Tenant to the Director of the South Bend Human Rights Commission no later than 30 days prior to Rental payment due date. In addition, the Tenant shall be charged a Fifty ($50.00) Dollar processing penalty for any Rental check that is returned to the Landlord as uncollectible or insufficient funds. All Rental and other charges payable by Tenant pursuant to the terms of this Lease shall be payable without relief from valuation or appraisement laws. 5. ADDITIONAL RENT. A. In addition to the basic rent, Tenant shall pay as part of the Rental 32.92% of the Operating Costs of the Building. "Operating Costs," as that term is used herein, beginning with the rent payment due January 1, 2019 and thereafter, shall exclude real property taxes due to Tenant's non-profit, property tax exempt status pursuant the conditions of Sections S.A. The Executive Director of the South Bend Human Rights Commission, on behalf of the Tenant, shall provide to Landlord or Landlord's authorized agent within at least four (4) business weeks before March 1, 2019 and before March 1 of each lease year thereafter all information known to and concerning Tenant as required on the St. Joseph County real property tax exemption application form, such as a description of its operations, its personnel and similar matters, so that Landlord may file such form with the appropriate office of St. Joseph County on or before the filing deadline. ltef atiyel", Tenant's assistance may include completion of that portion of the Tax Waiver Application concerning Tenant's leasehold and operations, and return of the form to Landlord or agent within the time stated above. Landlord's failure to timely file the application form for tax exemption shall not alter the exclusion of real property tax from Tenant's share of the Operating Costs provided Tenant timely submits the application to Landlord as described hereinabove. Landlord shall promptly and within ten(10) days of receiving notice from the County,communicate to Tenant whether the tax exemption application has been approved or denied. In the event that a tax exemption application is timely filed but denied by officials of St. Joseph County, Landlord shall cooperate in good faith to take prompt, necessary action to re- submit, alter, amend, or otherwise cure a rejected exemption filing. If such curative action is not successful, Landlord shall promptly notify Tenant, Tenant may terminate this lease upon written Notice to Landlord within forty-five (45) days from receipt of notice of exemption denial from Landlord, and the lease termination shall be effective sixty (60) days after the date of Tenant's notice of termination to Landlord, during which sixty (60) day period following notice of termination, Landlord may show the premises to other potential tenants during business hours upon 24 hours' notice to Tenant,notwithstanding any other term in this Agreement. Furthermore,Tenant agrees to disburse to Landlord all unpaid accrued real estate taxes applicable to the denied exemption period within thirty(30) days following Landlord's notification to Tenant of its denial and Tenant further agrees to increase future monthly additional rent payments by the accrued real estate tax until January 1 of the following year in which the real estate tax exemption can be submitted. For the full lease term "Operating Costs" shall also exclude replacement costs of structural or major components of the Building including but not limited to roof, parking lot re-pavement, heating systems, air conditioning units, windows, doors, walls, water pipes due to defect or age deterioration, sinks, toilets, and electrical components Furthermore, Operating Costs" do not include specific costs uniquely incurred by specific tenants which are separately billed to and reimbursed by such specific tenants, but shall consist of all other regular and routine operating costs of the Building, which shall be computed on the accrual basis in accordance with generally accepted accounting principles consistently applied. These include but are not limited to the following: 1. All reasonably necessary supplies and materials used in the operation, cleaning and maintenance of the Building, parking lot, and all of its machinery and equipment. 2. Costs of utilities,including water and power for heating, lighting, air conditioning and ventilating the entire Building (including all common and service areas), fuel adjustment charges, sewer use charges and any utility taxes. Tenant may, at any time and solely at Tenant expense, choose to provide a separate meter for any utility used by Tenant, such as water, sewer, and/or electricity and shall pay the cost of that utility directly. Such utility shall then be excluded from Tenant's portion of the "Operating Cost" allocation. Landlord shall cooperate as needed with the separation of utilities if desired by Tenant. 3. Costs of all management, including management fees paid to a third party, maintenance and service agreements for the Building and the equipment therein, including, without limitation, alarm service, trash removal, window cleaning and elevator maintenance. 4. Accounting costs, including the costs of audits by certified public accountants, pertaining solely to the management and operation of the Building. 5. Costs of, fire, casualty, and liability insurance for the Building, along with such Landlord personal property and equipment used solely for operation and maintenance of the building. 6. Costs of ordinary and usual repairs, and general maintenance of the Building excluding repairs and general maintenance paid by proceeds of insurance or by Tenant or by other third parties, and alterations attributable solely to other Tenants of the Building. 7. Snow removal, landscaping and any and all other common area maintenance costs related to public areas, including sidewalks and landscaping on the Building's site. B. Except as provided otherwise in this paragraph, Tenant shall pay to Landlord as part of the Rental 32.92% of the Operating Cost within fifteen (15) days after delivery to Tenant of a statement of the Operating Cost and a computation of Tenant's share of the Operating Cost. C. Landlord may estimate the Operating Cost for the Building for any calendar year. Such costs for 2019 are estimated to be $4.50 per square foot, which rate excludes real property taxes allocable to the portion of the Building occupied by Tenant. Landlord shall notify Tenant at least fifteen (15) days prior to the next Rental payment date and Tenant shall pay to Landlord as part of the Rental 32.92% of such estimated annual cost. Estimated annual Operating Cost shall be payable in monthly installments as nearly equal as possible beginning on the Rental payment date next following the date of notice to Tenant as above stated and ending on the last Rental payment date for such calendar year. Within a reasonable period of time after the end of such calendar year, Landlord shall render to Tenant a statement of the Operating Cost for such calendar year and a computation of Tenant's share of the Operating Cost. Within fifteen(15) days thereafter,Tenant shall pay to Landlord Tenant's share of the Operating Cost, less amounts previously paid by Tenants as a result of Landlord's estimate. If the computation shows that a refund is due Tenant, such amount shall be credited by Landlord against the next Rental payment due. Tenant shall have the right to see and examine original records of invoices, estimates and other proof of Landlord's operating costs upon request. D. In accordance with Indiana law, all payments by the City under this Lease Agreement are subject to annual appropriation by its fiscal body. 6. SERVICES TO BE PROVIDED BY THE LANDLORD. The Landlord shall provide the following services to the Premises during reasonable business hours: A. Heat and air conditioning to provide, in the Landlord's judgment, comfortable occupancy, within government regulations, of the Premises under normal business operations daily from 7:00 a.m. to 6:00 p.m., Monday through Friday,holidays excepted. Wherever heat-generating machines or equipment are used or business operations are conducted in the Premises which, in the judgment of the Landlord, affect the temperature otherwise maintained by the air conditioning system,the Landlord reserves the right to modify said system,including the installation of supplementary air conditioning units in the Premises, and the cost and expense of operation and maintenance thereof shall be paid by the Tenant to the Landlord. B. Water from city mains, drawn through fixtures installed by the Landlord for drinking, lavatory, and toilet purposes, including a reasonable amount of hot water, unless Tenant obtains its own water service. C. Electrical wiring system in the Premises for standard electrical receptacles and lighting fixtures. Such electricity will be used only for normal equipment and accessories.Replacement lighting tubes, lamps, bulbs, and ballasts required for the overhead lighting fixtures in the Premises will be installed at the Tenant's expense. D. Snow-removal services for the outside parking facilities, related driveways, and sidewalks at all reasonable times. E. Lavatories for the use of Tenant's employees and invitees in common with other Tenants in the building. The Landlord does not warrant that any of the services above mentioned will be free from interruptions caused by repairs, renewals, improvements, alterations, strikes, lockouts, accidents, inability of the Landlord to obtain fuel or supplies, or any other cause beyond the reasonable control of the Landlord. Any such interruption of service will not constitute an eviction or disturbance of the Tenant's use and possession of the Premises, or any part thereof, or render the Landlord liable to the Tenant for damages, or relieve the Tenant from performance of the Tenant's obligations under this Lease. The Landlord will use reasonable efforts to promptly remedy any situation which has interrupted such services. Tenant shall be responsible for Janitorial service for Tenant's space and any and all costs and expenses relating to Internet service for Tenant's space including any and all costs associated with providing Metro net services to the Building. 8. LANDLORD'S TITLE. The Landlord's title is and always shall be paramount to the title of the Tenant,and nothing contained herein authorizes the Tenant to do any act which may encumber the title of the Landlord. This Lease is subject and subordinate to all ground and underlying leases, and to all mortgages which may now or hereafter affect such ground and underlying leases, or the real property or Building, of which the Premises form a part, and to all renewals, modifications,consolidations,replacements,and extensions thereof, and to all advances made or hereafter to be made on the security of any such mortgages. Provided, however, that notwithstanding the foregoing, the mortgagee may recognize this Lease and, in the event of a foreclosure sale under such mortgage or conveyance by deed in lieu of foreclosure,this Lease shall continue in full force and effect at the option of such mortgagee or purchaser under any such foreclosure sale or deed in lieu thereof. The Tenant covenants and agrees that it will, upon the written request of such mortgagee or such purchaser, attorn thereto and execute, acknowledge, and deliver any instrument that has for its purposes and effect subordination of this Lease to said mortgage. 9. ASSIGNMENT AND SUBLETTING. A. The Tenant may not assign or transfer all or any part of its rights and interests under this Lease, and may not sublet or permit the use and occupancy of all or any part of the Premises, to or by a third party without the prior written consent of the Landlord. The Landlord's consent under this sub-paragraph shall be in its absolute discretion and subject to such conditions as the Landlord may impose. If the Landlord grants its consent, then all consideration paid or to be paid by such third party, including any amounts in excess of the rent due under this Lease, shall be paid directly to the Landlord, and the Tenant shall be responsible to the Landlord for any such consideration and the rent and other monies due under this Lease. B. The Landlord may transfer and assign, in whole or in part, all of its rights and obligations under this Lease and in the Building and related real estate. After such transfer or assignment,the Landlord named in this Lease will have no further liability to the Tenant under this Lease for the obligations assumed by the assignee or transferee provided, however, the Tenant shall remain liable for the payment of the rent due hereunder until released by the Landlord from such liability. Landlord shall notify Tenant as soon as reasonably possible of any transfer or assignment of rights, or at least 30 days in advance of the next rental due date. However, if the transfer/assignment event occurs within less than 30 days of the next rental due date,then notice to Tenant shall be given within 72 hours of Landlord's knowledge of the transfer or assignment 10. UNTENANTABILITY. If the Premises or the Building is made untenantable by fire or other cause, the Landlord may elect (a) to terminate this Lease as of the date of such casualty by notice to the Tenant within thirty (30) days after that date, or (b) to repair all damages to the Premises or the Building so that the same shall be restored to such condition as existed immediately prior to such damage. If the Landlord elects to terminate this Lease, the rent shall be abated on a per diem basis and be paid to'the date of the fire or casualty. If the Landlord elects to restore the Premises and Building, such restoration shall be completed with reasonable promptness. If the Premises are unusable during such restoration, or if the Tenant is reasonably required to close its operation while such repairs are made, the rent shall abate during such period of repair while such operations have ceased and the Premises are completely closed.If the Tenant continues to operate on the Premises during such repairs, but is unable to use a substantial portion thereof, then the rent shall be prorated in the proportion which the area of unusable leased space bears to the total Premises for the period that said space is unusable. The Landlord will not be liable for business losses to the Tenant by reason of damage to the Premises. If such untenantability is caused by the fault of the Tenant, there will be no apportionment or abatement of rent. Notwithstanding anything contained in this paragraph to the contrary, if the Premises is not or cannot be made tenantable within one hundred and eighty(180) days after said damage for any reason whatsoever, the Tenant may terminate this Lease. 11. SIGNS. Tenant shall pay for all signs related to the Tenant's use of the Premises. Signage shall be permitted on the outside of the Building as approved by the Landlord. No additional sign, advertisement, or notice may be inscribed, painted, or affixed on any part of the outside or inside of the Premises or building by the Tenant except on the doors of the Premises leased by the Tenant and on the directory board, and then at the Tenant's expense and only of such color, size, style, and material as is specified by the Landlord in writing. The Landlord reserves the right to remove all other signs at the expense of the Tenant. At the expiration of the lease term, the Tenant shall remove its signs from such doors and restore the Premises to substantially the same condition as existed prior to the commencement of the lease. 12. ALTERATIONS. No alterations or additions may be made and no fixtures may be affixed to the Premises or the building without prior written consent of the Landlord. All such alterations, additions, and fixtures,except the Tenant's trade fixtures and business machines, shall be and remain the property of the Landlord unless otherwise agreed in writing by the Landlord.The Tenant upon vacating the Premises will repair any damage caused by any alterations so that the Premises is in substantially the same condition as it was in at the commencement of the lease. 13. USE OF THE PREMISES. The Tenant (a) shall occupy and use the Premises during the term for the purposes specified in Paragraph 3, above, and none other; (b) may not make or permit any use of the Premises which,directly or indirectly, is forbidden by public law, ordinance, or government regulations or which may be dangerous to life, limb, or property, or which may invalidate or increase the premium cost of any policy of insurance carried on the building or covering its operations; (c) may not obstruct or use for storage or for any purpose other than ingress and egress the sidewalks, entrances, courts, corridors, vestibules, halls, elevators , and stairways of the Building; (d) may not make or permit any noise or odor that is objectionable to other occupants of the Building to emanate from the Premises,may not create or maintain a nuisance thereon,may not disturb, solicit,or canvass any occupant of the building, and may not do any act tending to interfere with the quiet enjoyment of their leased space in the Building by other Tenants, or to injure the reputation of the Building; (e) may not install any antennae, aerial wires or other equipment inside or outside the Building; (f) may not place, or permit to be placed, an y article of any kind on the window ledges or on the exterior walls and may not throw, or permit to be thrown or dropped, any article from any window of the Building; (g) may not attach additional locks or similar devices to any door or window and, upon the termination of this Lease or of the Tenant's possession, shall surrender all keys to the Premises and shall explain to the Landlord all combination locks on safes,cabinets,and vaults; (h) shall be responsible for locking the doors and closing the transoms and windows in and to the Premises; (i) may not install any blinds, shades, awnings, or other form of inside or outside window covering or window ventilators or similar devices without the prior written consent of the Landlord; 0) may not overload any floor, shall route and locate safes and other heavy articles as the Landlord may direct, shall bring safes, furniture, and all large articles through the Building and onto the Premises at such times and in such manner as the Landlord directs and at the Tenant's sole risk and responsibility, and shall list all furniture, equipment, and similar articles to be removed from the Building for approval at the office of the Management before the removal of such articles; (k) may not install in the Premises any equipment which uses a substantial amount of electricity without the advance written consent of the Landlord, shall ascertain from the Landlord the maximum amount of electrical current which can safely be used in the premises,taking into account the capacity of the electrical wiring in the Building and the Premises and the needs of other Tenants in the Building and, notwithstanding the Landlord's consent to such installation, may not use more electricity than such safe capacity; 1) shall be responsible for the cost of modification, installation, maintenance, repair, and additional operating and utility expenses related to any supplementary air conditioning required by heat-generating machines or equipment used by the Tenant. All persons entering or leaving the Building between the hours of 6:00 p.m. and 8:00 a.m. Monday through Friday or any time Saturdays, Sundays, or holidays, may be required to identify themselves to a watchman,by registration or otherwise, and to establish their right to enter or leave the Building. Provided further that nothing contained herein shall be construed to require the Landlord to provide watchmen or other security agents on or about the Building. The Landlord may exclude or repel any peddler, solicitor, or beggar. In addition to all other liabilities for breach of any covenant of this Paragraph, the Tenant shall pay to the Landlord, as additional rent hereunder, an amount equal to any increase in insurance premiums caused by such breach. The violation of any covenant of this Paragraph may be restrained by injunction. 14. REPAIRS. The Tenant shall take good care of the Premises and the fixtures therein and shall keep the Premises in good order, condition, and repair at the Tenant's expense during the term of this Lease, including the replacement of all interior broken glass. Exterior glass broken by the Tenant will be replaced by Landlord, at Tenant's sole cost and expense and the Tenant shall promptly pay the Landlord for the costs thereof as additional rent for glass of the same size and quality. If the Tenant does not make necessary repairs within a reasonable time and adequately, the Landlord shall promptly notify Tenant in writing of the incompletion or inadequate completion, and Landlord may, but need not, make such repairs and the Tenant shall promptly pay the Landlord for the costs thereof as additional rent. On the expiration or early termination or cancellation of this Lease, the Tenant shall surrender the Premises and the Landlord's fixtures in as good condition as of the time of delivery to the Tenant, subject to reasonable wear and tear. All injury to the building or fixtures caused by moving of the Tenant in and out of the Building and any and all breakage or any other injury whatsoever to the Building, fixtures or to the property of any Tenants of the Building caused by the Tenant and any damage done by water, steam, electricity, fire, or other substance to the Building or fixtures, or to the property of other Tenants in the Building caused by the Tenant may be repaired by the Landlord at the expense of the Tenant, and the cost thereof shall become due and payable by the Tenant as additional rent upon the delivery of a statement of such costs by the Landlord to the Tenant, or mailing the same, postage prepaid, to the Tenant at its last known address. 15. EMINENT DOMAIN. If the Building, or any portion thereof, which includes a substantial part of the Premises or which prevents the reasonable operation of the Tenant's business shall be taken or condemned by a competent authority for any public use or purpose, the term of this Lease shall end upon, and not before, the date when the possession of the part so taken shall be required for such use or purpose.The Tenant may not share in the condemnation award,except for its personal property and relocation awards, if any. 16. RIGHTS RESERVED TO LANDLORD. The Landlord reserves all rights incident to its ownership of the Building, including,but not limited to, the right (a) to change the name or street address of the Bui 1 ding without notice or liability; (b) to install and maintain signs on the exterior of the Building; (c) to approve all sources furnishing sign painting and lettering, and drinking water, used on the Premises; (d) if, during or prior to the termination of this Lease, the Tenant vacates the Premises, to decorate,remodel,repair,alter,or otherwise prepare the Premises for reoccupancy; (e)to have pass keys to the Premises; (f) to exhibit the Premises during the last ninety (90) days of the lease term; (g) to take any and all measures, including inspections, repairs alterations, additions, and improvements to the Premises or to the Building as may be necessary or desirable for the safety, protection, or preservation of the Premises or the Building or the Landlord's interest therein, or as may be necessary or desirable in the operation of the Building; (h)to approve all movers employed by the Tenant to move the Tenant's furnishings, fixtures, and equipment in or out of the Premises. The Landlord may enter upon the Premises and may exercise any or all of the foregoing rights hereby reserved without being deemed guilty of an eviction or disturbance of the Tenant's use or possession and without being liable in any manner to the Tenant. 17. HOLDING OVER. In the event Tenant should remain in possession of the Premises after expiration of the term of this Lease without execution by Landlord and Tenant of a new Lease, then Tenant shall be deemed to be occupying the leased Premises as a tenant at sufferance subject to all of the covenants and obligations ofthis Lease and at a daily rental of twice the per diem rate of rental provided hereunder computed on the basis of a thirty(30)day month. Landlord, upon notice to Tenant,shall have the right to deem the continuing occupancy of Tenant to constitute the creation of a month to month tenancy at a monthly rental of twice the monthly rental provided hereunder,which month to month tenancy shall continue until either party shall have given the other one full calendar months' notice of an intention to terminate such month to month tenancy. 18 NOTICE AND PAYMENTS. Any notice which the Landlord may desire or be required to give the Tenant shall be deemed sufficiently given or rendered if delivered in writing to the Tenant personally or sent by certified or registered mail, addressed to the Tenant at the Premises,return receipt requested.Notices to Tenant shall be sent to the Director of the South Bend Human Rights Commission with a copy to the City Controller whose offices are at 224 West Jefferson Boulevard, 1200 County City Building, South Bend, Indiana,46601 All payments to the Landlord and any notice which the Tenant may desire or be required to give the Landlord shall be deemed sufficiently given or rendered if delivered in writing to the Landlord personally or sent certified or registered mail, return receipt requested, addressed to the Landlord at 3930 Edison Lakes Parkway, Suite 200. Mishawaka, Indiana 46545 or at such other place as the Landlord may, from time to time, designate in writing. 19 DEFAULT BY TENANT. In the event of a default by the Tenant under this Lease, the Landlord shall promptly provide Tenant with Notice of Default identifying with reasonable specificity the term or condition of the lease, or other reason for default permitted by law. Tenant shall have a reasonable time in which to cure the default. If Tenant has not cured the default or notified Landlord within 30 days of the date of Notice of Default of the steps it intends to take to cure the default, provided the steps are reasonable, and as such, acceptable to Landlord, Landlord will have the following remedies: A. The Tenant shall pay upon demand all the Landlord's costs, charges, and expenses, including reasonable fees of attorneys, agents, and others retained by the Landlord, incurred in enforcing the Tenant's obligations hereunder or incurred by the Landlord in any litigation, negotiation, or transaction involving the Tenant, in which the Landlord becomes involved or concerned without the Landlord's fault. Landlord shall pay all the Tenant's costs,charges and expenses, including reasonable fees of attorneys, agents, and others retained by the Tenant, incurred in defending or enforcing the Tenant's rights hereunder or incurred by the Tenant in any litigation, negotiation, or transaction involving the Landlord which the Tenant becomes involved or concerned without the Tenant's fault. B. If the Tenant either fails to pay any rent or other monies owed to the Landlord on the date it is due, or is otherwise in default of any of its obligations or duties under this Lease, and if Landlord has complied with the terms for Notice of Default, then the Landlord may enter into and upon the Premises, or any part thereof, and repossess the same, with or without terminating this Lease and without prejudice to any of its remedies for rent or breach of covenant and may, at its option,terminate this Lease by giving written notice of its election to do so or may, at its option, lease the Premises, or any part thereof, as the agent of the Tenant, or otherwise. The Tenant shall, without demand or further process of law,pay to the Landlord at the end of each month during the full term of this Lease the difference between the rent due the Landlord from the Tenant under this Lease, including any increases in rent due under this Lease, and the net receipts, if any, being received by the Landlord from the Premises (such net receipts to be calculated by deducting from the gross receipts the expense incurred by the Landlord in connection with the reletting of the Premises and performing the Tenant's obligations hereunder). In the event the rent for reletting the Premises is higher than the monthly rent under the term of this Lease, then such excess rent shall belong to the Landlord and the Tenant will have no claim or right thereto. 20. The Tenant shall pay upon demand all the Landlord's costs, charges, and expenses, including reasonable fees of attorneys, agents, and others retained by the Landlord, incurred in enforcing the Tenant's obligations hereunder or incurred by the Landlord in any litigation, negotiation, or transaction involving the Tenant in which the Landlord becomes involved or concerned without the Landlord's fault. 21. DEFAULT BY LANDLORD. If the Premises, or any part thereof, are at any time subject to a mortgage, a deed of trust,or a similar lien instrument,and this Lease or the rentals are assigned to such mortgagee, trustee, or beneficiary, and the Tenant is given written notice thereof,including the post office address of such assignee, then the Tenant may not terminate this Lease for any default on the part of the Landlord without first giving written notice by certified or registered mail, return receipt requested, to such assignee, to the attention of the mortgage loan department, specifying the default in reasonable detail, and affording such assignee a reasonable opportunity to make performance at its election for and on behalf of the Landlord. In the event of a default by the Landlord under this Lease,the Tenant shall promptly provide Landlord with Notice of Default identifying with reasonable specificity the term or condition of the lease, or other reason for default permitted by law. Landlord shall have a reasonable time in which to cure the default. If Landlord has not cured the default or notified Tenant within 30 days of the date of Notice of Default of the steps it intends to take to cure the default, provided the steps are reasonable, and as such, acceptable to Tenant Landlord shall pay, provided Tenant has complied with the terms for Notice of Default, any costs, charges, and expenses including reasonable fees of attorneys, agents and others retained by Tenant incurred in enforcing any of Landlord's obligations under this Lease or incurred by the Tenant in any litigation, negotiation, or transaction involving the Landlord in which the Tenant becomes involved or concerned without the Tenant's fault 22. LIABILITY INSURANCE. The Tenant shall have the right to self-insure, the City of South Bend carries a blanket insurance policy covering property in which the City holds an interest, which shall include the Premises. In addition, the City is a municipal corporation that is self-insured under provisions of Indiana statutes and local ordinance. Specifically, the City of South Bend is covered by a non-reverting insurance premium and liability reserve fund created by the City of South Bend,Ordinance § 6657-79, pursuant to Indiana Code 34-13-3-4, as amended from time to time. The City's liability limits, subject to change by Indiana statute, are as follows: 700,000.00 for bodily injury, including death for any one (1) person in any one (1) occurrence; 5,000,000.00 for such injuries for all persons for any one (1)occurrence; 1, 000,000.00 property damage insurance,or a combined single limit in the amount of 6,000,000.00. 23. WAIYER OF SUBROGATION. Each party hereby waives all claims for recovery from the other party for any loss or damage to any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such Insurance, subject to the limitation that this waiver shall apply when permitted by the applicable policy of Insurance. 24. INDEMNIFY AND HOLD HARMLESS. Tenant agrees to indemnify Landlord for, and hold Landlord harmless from and against all fines, suits, claims,demands, liabilities and actions (including reasonable costs and expenses of defending against such claims) resulting or alleged to result from any breach, violation or non-performance of any covenant or condition hereof, or from the use of occupancy of the Leased Premises, by Tenant or Tenant's agents, employees, licensees, or invitees, for any damage to person or property resulting from any act or omission or negligence of any co- tenant, visitor or other occupant of the Leased Premises except as Landlord' s own negligence may contribute thereto. Under the latter circumstances of Landlord negligence, Landlord agrees to indemnify Tenant for, and hold Tenant harmless from and against all fines, suits, claims,demands,liabilities and actions (including reasonable costs and expenses of defending against such claims) resulting or alleged to result from any breach, violation or non- performance of any covenant or condition hereof, or from the use or occupancy of the Leased Premises by Landlord or Landlord's agents, employees, licensees, or invitees, for any damage to the person of Tenant's agents, employees. Licensees or invitees, or damage to the property of such persons resulting from any act or omission or negligence of any employee, agent, licensee or invitee of Landlord. 25. OFFSET STATEMENTS. The Tenant agrees to any time and from time to time, upon not less than twenty (20) days prior written request by the Landlord, to execute, acknowledge, and deliver to the Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, stating the modifications, and that the Lease, as so modified, is in full force and effect), the commencement and termination dates of this Lease, that the Tenant has accepted the Premises, and the date to which the rental and other charges have been paid in advance,if any, and that the Tenant has no claims against the Landlord or offsets against rent. It is intended that such statement may be relied upon by prospective purchasers of the Landlord's interest in the land and building, or by a mortgagee or assignee of any mortgage upon the Landlord's interest in the land and building. 26. LIENS. Public policy and necessity prohibits the acquisition and enforcement of mechanics lien against public property held for public use,therefore neither the Landlord nor the Tenant may not do any act which in any way encumbers the title of the Landlord or interest of the Tenant in and to the Premises and the building, nor shall the interest or estate of the Landlord or Tenant in said Premises and building be in any way subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any expenses or implied contract by t either party.Neither the Landlord nor the Tenant will permit the Premises and the building to become subject to any mechanics', laborers', or materialmen's liens on account of labor or material furnished, or claimed to have been furnished, to the Landlord or the Tenant for or on the Premises and building. 27. HAZARDOUS MATERIALS. Tenant shall not cause or permit any Hazardous Materials to be brought upon,kept or used in or about the Premises or the real estate described in Exhibit B (the"Real Estate")by Tenant, its agents, employees, contractors or invitees without the prior written consent of Landlord, which consent shall not be unreasonably withheld as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises or Real Estate. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises or Real Estate caused or permitted by Tenant results in contamination of the Premises or Real Estate or if contamination of the Premises or Real Estate by Hazardous Material otherwise occurs for which Tenant is legally responsible to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims,judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Premises or Real Estate, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or Real Estate, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, attorney's fees, consultants' fees and expert fees) which arise during or after the lease term as a result of such contamination. This indemnification of Landlord by Tenant includes,without limitation, costs incurred in connection with any investigation of site conditions or any clean up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Real Estate. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises or Real Estate caused or permitted by Tenant results in any contamination of the Premises or Real Estate, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material to the Premises or Real Estate; provided that Landlord's written approval of such actions shall be first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long term or short term effect on the Premises or Real Estate. The foregoing indemnity shall survive the expiration or earlier termination of the Lease. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste, including,but not limited to,those substances,materials and wastes defined or specified in 42 U.S.0 Sec. 9601 et seq. and any similar state statute or local ordinance applicable to the Real Estate as well as any rules and regulations promulgated, administered or enforced by any governmental agency or authority pursuant thereto including any subsequent amendments thereof. 27. EXCULPATION. Tenant's source of satisfaction of Landlord's obligation hereunder shall be limited to the Property and Tenant shall not seek to procure payment out of any other assets of Landlord or any person or entity comprising Landlord, or to seek any judgment for any sums which are or may be payable under this Lease. 28. MISCELLANEOUS. A. The invalidity of any provision, clause, or phrase will not serve to render the balance of this Lease ineffective or void. B. This Lease shall be binding upon and inure to the benefit of the respective parties hereto,their heirs, executors, administrators, devisees, successors, and assigns. Any reference to the Tenant or Landlord shall, for the purpose of determining liability for property damage, personal injury, and the like, be deemed to include the Tenant, the Landlord, his or her respective agents, employees, servants, partners, independent contractors, licensees, invitees, guests or visitors. C. This Lease supersedes and cancels all prior negotiations and agreements whatsoever, and this Lease shall be amended only upon the joint written agreement of the parties. D. Except as elsewhere herein expressly provided, all amounts owed by the Tenant to the Landlord hereunder shall be deemed to be additional rent and shall be deemed payable within thirty-five (35) days from the date the Landlord renders a statement of account therefore to the Tenant and in accordance with I.C. 5-17-5-1 late payments shall bear interest at the rate of one(1) percent per month thereafter until paid. E. The Tenant shall abide by all reasonable rules and regulations existing or hereinafter adopted by the Landlord pertaining to the operation and management of the Building. Smoking is not permitted in any of the common areas of the Building including hallways, lobbies, stairwells and bathrooms. Tenant shall not permit any of its employees or invitees to smoke in any common areas of the Building. If any rules and regulations adopted by the Landlord are contrary to the terms of this Lease,the terms of this Lease shall govern. F. If the parties are unable to resolve any disputes arising under this Agreement,then before initiating litigation,the parties will endeavor to settle any such disputes between them by mediation under the Indiana Rules for Alternative Dispute Resolution (ADR). If within ten days after the parties cease direct negotiations and they cannot agree upon a mediator, Tenant will provide Landlord with a list of three individuals then listed on Indiana's list of registered civil mediators,who are available to conduct mediation within forty-five days from date of such mediator's selection,and who have no unwaived conflict of interest with respect to either Party. Landlord shall (within ten(10)business days after receipt of such list) select one (1) of the individuals from such list as mediator. Each party will bear its own cost of mediation; provided, however,the cost charged by any independent third party mediator will be borne equally by the parties. In the mediation, each Party may be represented by their own counsel. All negotiations and discussions pursuant to mediation will be confidential non-discoverable and inadmissible for litigation. The parties shall endeavor to complete mediation as expeditiously as possible; however, either party may withdraw from mediation if the mediation continues or cannot be completed within forty-five (45) days from date of selection of a mediator. If a dispute has not been resolved through mediation,either party may file suit to enforce its rights in a competent court in St.Joseph County,Indiana,and Indiana law shall apply. LANDLORD: Filed in Clerk's Office MedPro Properties, LLC By:JUL 18 2018 Title: KA Attest: REEMAFi FOWLER CITY CLERK,SOUTH BEND,IN TENANT: City of South Bend, Indiana, on behalf of the Human Rights Commission as designated by the Board of Public Works in Resolution No. 37-2018 By: Title: Attest: Filed in Clerk's Office EXHIBIT A JUL 18 2018 Depiction of Premises KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN Filed in Clerk's Office EXHIBIT B JUL 18 2016 Description of Real Estate KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN o45pLITH g 1ER..90 ps7, rE.a°E CITY OF SOUTHBEND HISTORIC PRESERVATION COMMISSION1865 18 July 2018 Filed in Clerk's Office South Bend Common Council County—City Building EU8 2010SouthBend, IN 46601 d KAREEMAH FOWLER CITY CLERK, SOUTH BEND,IN Dear Council Members, At the July 16, 2018 meeting of the Historic Preservation Commission of South Bend & St. Joseph County, the Commission held second reading on the proposed Local Landmark Designation for 1040 West Washington, commonly known as the Engman Public Natatorium and the current home of the IUSB Civil Rights Heritage Center. A representative of the Civil Rights Heritage Center spoke in favor of the nomination, and none spoke in opposition. The Commission unanimously passed a Resolution recommending to the Common Council the establishment of 1040 West Washington, for Historic Landmark status. A copy of Resolution No. 18-02 is enclosed, as well as a copy of the Proposed Local Landmark staff report, a draft of the proposed ordinance, and a signed Owner Consent form. Historic Preservation Specialist Adam Toering will present this proposal to the Council. The Historic Preservation Commission request its inclusion on the upcoming Council agenda and staff is available to answer any questions you may have. Sincerely, Elicia F ' I Adam Toering Historic Preservatio dministrator Historic Preservation Specialist A CERTIFIED LOCAL GOVERNMENT ELICIA FEASEL PRESIDENT OF THE NATIONAL PARK SERVICE HISTORIC PRESERVATION ADMINISTRATOR EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227W.Jefferson Blvd. South Bend,Indiana 46601 p574.235.9371 f574.235.9201 www.southbendin.gov BILL NO. 33-18 Filed in Clerk's Office. RESOLUTION NO. 18-02 JUL 18 2018 KAREE-Aik rUJdLER A RESOLUTION OF THE HISTORIC PRESERVA MV CLERK,SOUTH i SEND. IN COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY, INDIANA RECOMMENDING THE ESTABLISHMENT OF 1040 WEST WASHINGTON, SOUTH BEND,INDIANA FOR HISTORIC LANDMARK STATUS WHEREAS, the Historic Preservation Commission of South Bend and St. Joseph County, Indiana (the "Commission") exists and operates under the provisions of ordinances enacted by the Common Council of the City of South Bend, Indiana, and the County Council of St.Joseph County, Indiana(the "Enabling Ordinances"); and WHEREAS, the Commission is empowered, pursuant to the Enabling Ordinances,to make recommendations to the Common Council of the City of South Bend, Indiana for the establishment of local historic landmarks; and WHEREAS,the owner of the property located at 1040 West Washington, South Bend, Indiana, (the "Property") has petitioned the Commission to have the Property designated as a Historic Landmark pursuant to South Bend City Ordinance No. 5565-73,as amended; and WHEREAS, the Property is recognized in the Indiana Historic Sites and Structures Inventory of South Bend with a rating of"Outstanding"; and WHEREAS, the Commission's staff has prepared a report recommending Historic Landmark status of the Property, and the Commission's Landmark Committee has reviewed the staff's report along with the petition and the Consent of the owner, and has recommended designation of the Property as a Historic Landmark; and WHEREAS, the Commission conducted a public hearing on July 16, 2018, for the purposes of hearing comments on the designation of the Property as a Historic Landmark and for delivering a recommendation to the Common Council of the City of South Bend to designate the Property as a Historic Landmark pursuant to Ordinance No. 5565-73, as amended, and a majority of the Commissioners have voted to approve the Historic Landmark designation and the recommendation for Common Council action. NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST.JOSEPH COUNTY AS FOLLOWS: Section 1. The building located at 1040 West Washington Street, South Bend, St. Joseph County,Indiana,together with its surrounding grounds and structures including the original pool now used as a reflecting garden,but excluding the parking lot is hereby recommended to the Common Council of the City of South Bend, Indiana, for establishment as a Historic Landmark pursuant to Ordinance No.5565-73,as amended, which realty excluding parking lot is described more specifically as follows: Part of Bank Out Lot Numbered Eighty-nine (89) of the Second Plat of Out Lots of the Town, now City of South Bend, in St. Joseph County, Indiana, platted by the State of Indiana, described as beginning at the Northwest corner of said Lot Numbered Eighty-nine(89);thence East 1 chain 82 4/5 links; thence South 144.54 feet to the North line of an alley; thence West on the North line of said alley 1 chain 82 4/5 links to the West line of said Lot Numbered Eighty-nine (89); thence North 144.54 to the place of beginning. EXCEPTING THEREFROM the easterly 40' therefrom. Section 2. This Resolution shall take effect immediately upon its adoption by the Commission. ADOPTED at a meeting of the Historic Preservation Commission of South Bend and St. Joseph County,Indiana,held on July 16,2018 in the Conference Room, 1308 County-City Building, and 227 W. Jefferson Blvd., South Bend, Indiana46601. HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST.JOSEPH CO Y P sident ATTEST: S cretary Filed in Clerk's Office PROPOSED LOCAL LANDMARK EL 18 2018 Engman Public Natatorium KAREEMAH FOWLER 1040 West Washington Den CLERK,SOUTH SENT,11\1 SOUTH BEND, INDIANA Si a HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY JULY 2018 Engman Natatorium Pursuant to City of South Bend Ordinance No. 10572-17, as adopted by the Common Council,the structure located at 1040 West Washington, commonly known as the Engman Public Natatorium, is recommended by the Historic Preservation Commission to the Common Council for designation as a Local Historic Landmark. Designation of historic landmarks is considered on the basis of: 1. Historical and cultural significance 2. Educational value 3. Suitability for preservation Historical Context: This property is located on West Washington in South Bend. The property was platted as Bank Lot number eight-nine. The site was formerly at the corner of the now vacated Chapel Lane. The lot was donated to the City of South Bend by Harry Engman, Jr. Mr. Engman was a partner in the Engman, Matthews Range company of South Bend. The City built the Natatorium in 1921-1922 and named it after Engman. The building was designed by Walter W. Schneider, a local architect of note, to model the Culver Natatorium and that of the Chicago Athletic Club. The Board of Park Commissioners were given $80,000.00 for the construction and contracting of the "Public Bath House and Swimming Pool". Their president, Mr. Richard Elbel, contracted the pools construction on August 11, 1921 for $55,501.00 to local contractor Kuehn and Jordan and the remaining moneys were set aside for upkeep and future repairs. The Natatorium was constructed with a top of the line heating system and innovating plumbing and pumps. In its first ten years the pool was used for public swimming, swimming lessons for young and old and safety instructor training. By 1936, only fourteen years after it first opened, the Natatorium was closed as a result of being declared unsafe. The problems listed in the declaration were all problems that were found to be conditions inherent in buildings devoted to natatoriums: the high humidity within the building contrasted with the cold winter temperatures outside which proceeded to produce condensation on walls, windows, and the roof causing rotting. To remedy the problems the City hired architect Ernest W.Young and allocated $25,000.00 for the repair of the structure and the installation of a new machine designed to dry the air. The repairs took four months to implement. Upon the reopening of the pool the State ordered that the City must provide a schedule for use of the Natatorium by African-Americans. Local Civil Rights activist J. Chester Allen requested that due to the fact that there were over 5,000 citizens of color living in South Bend that all restrictions should be dropped so all people could use the pool at any time. Mr. John a Rothrock, representative of the State Board of Tax Commissioners who were the sponsors of the renovation project, stated that"he hadn't seen a city as large as South Bend that didn't provide facilities to blacks", however he did not approve the plan of African Americans using the pool at the same time as the whites. Eventually a schedule was reached that allowed African Americans to use the facility, but, not at the same time as whites. In 1946 the pool was again closed for a few months for reconditioning. The price for a single swim at this time was $0.30; a five-swim card cost $1.20. The Natatorium was open noon to 9:oopm and it offered open swimming, swim lessons for all, as well as private ladies classes and life-saving courses. By the late 1940s the Natatorium offered an adult only night on Wednesdays for those seeking to relax apart from children. The building was also used for water ballet, graduation exercises and water exhibitions. By 1950 the Natatorium was at the peak of its popularity with over 18,179 people visiting the pool that summer. In 1951 the pool gave lessons in Water Basketball, rented the facility to clubs and associations and began Swim for Health lessons for the handicapped. By 1957 the pool had added 22 new swim classes year-round to handle the huge numbers of patrons and in 1958—to further alleviate the crowding—the pool was opened for four hours on Sunday afternoons. However, as the 196os approached, the Natatorium began showing signs of age and use,leading to its closing for additional renovations on October 23, 196o. At this time new heating, plumbing, and ventilation systems were installed, as well as new showers and filters for the pool. The City allocated $37,900.00 through the sale of bonds for these improvements and the pool reopened two months later. The Natatorium continued to be open for lessons,water shows, High School swim meets and general swimming throughout the 1970s despite dwindling use. By July of 1978 the Natatorium again needed renovations, although the City chose to close the facility instead of executing those updates. By the 19gos,the property was in dire need of preservation. Community interest resulted in an attempt to designate the structure as a Local Landmark 1997, and again in 2003. In August of 2010, the property was purchased by the South Bend Heritage Foundation,who entered into an agreement to restore and rehabilitate the structure, leading to the establishment of Indiana University's Civil Rights Heritage Center at the Natatorium. Description of Structure: The structure is a one story public pool building, rectangular in plan and Neo-Classical in design. The building has a flat roof with a terra-cotta parapet coping and walls with multi-course brick work with additional terra cotta detailing. The windows are 4"glass block in brick openings with terra cotta sills and head and the front door is made from aluminum. The entrance enclosure consists of terra cotta columns at the end with engaged terra cotta pilasters supporting the entabulature which reads "Public Natatorium." There are engaged brick pilasters with terra cotta column capitals and plinth on either side of the entrance doors. The foundation is granite, the steps are concrete, and a tall chimney made of brick with terra cotta detailing and wrought iron detailing. Extensive modifications were made in 2010 resulting in the building's current configuration. The rear (southern) portions of the natatorium were demolished and replaced with a contemplative garden and modern restroom facilities and office space. Location Notes/Legal Description: PARCEL I: Part of Bank Out Lot numbered Eighty-nine (89) of the Second Plat of Out Lots of the Town, now City of South Bend, in St. Joseph County, Indiana, platted by the State of Indiana, described as beginning at the Northwest corner of said Lot Numbered Eighty-nine (89); thence East 1 chain 82 4/5 links; thence South 144.5 feet to the North line of an alley; thence West on the north line of said alley 1 chain 82 4/5 links to the West line of said Lot Numbered Eighty-nine (89); thence North 144.5 to the place of beginning. EXCEPTING THEREFROM: the easterly 40'therefrom. Landmarks Criteria: 1. Historical and cultural significance The building fulfills this criteria as an excellent example of a movement in public entertainment and health. In its beginning the pool was built as part of a movement throughout Indiana and the United States that showed the public interest in swimming as a diversion from heat and as a place for socializing. As time passed and new courses were offered the interest changed from purely social to concerns over health and fitness and water safety. The structure's history also shows the advent of segregation and- eventually—desegregation. 2. Educational value The building fulfills this criteria as an excellent example of a Neo-Classical designed public building. It was rated Significant according to the May 19, 1986 survey card. The structure is currently rated Outstanding by the Indiana State Historic Architectural and Archaeological Research Database (SHAARD). To quote George Garner, Curator of the Civil Rights Heritage Center: No other building in the city speaks to the history of the African American experience like the Natatorium. Today, as the IUSouth Bend Civil Rights Heritage Center, we offer public tours for multiple age groups that shares this history and engages in discussion about contemporary issues.In addition to South Bend Community and other K-12 school districts, we regularly welcome students from Indiana University South Bend, the University ofNotre Dame, St. Mary's College, and Holy Cross College. We offer regular public events to enrich and educate such as a monthly film and discussion series, open-microphone poetry readings, lectures, exhibitions of local art and history, and more. We also regularly host meetings for various civil rights and social justice organizations, allowing those who fight today's injustices a place to gather and work towards full equality. As all of our activities are funded by Indiana University South Bend, our educational mission is paramount. Further, we believe that activism works best when rooted in an understanding of the challenges communities have faced for generations and the experiences of those who had foughtfor positive changes." 3. Suitability for preservation The building's alterations in 2010 have significantly changed the composition of the structure,but care was undertaken to execute this process in a sympathetic and fa ade- preserving manner. The primary street-facing facade of the structure is intact. The main swimming chamber to the rear of the lot was demolished and replaced with a contemplative garden and pool. To quote George Garner, again: In 2010, the building underwent a significant renovation. The building's facade remains virtually unchanged, with the interior structure and the back two- thirds of the original building adapted for 21st century use. While recognizing that there have already been extensive changes to the original structure, we are confident that the work of South Bend Heritage Foundation to transform the space into the IUSouth Bend Civil Rights Heritage Center breathed new life into a building that had, in the late 199os, been targeted for demolition.Historic landmark status confirms and adds protections for future generations, ensuring that the history of this building and the story it tells remains vital." Filed in Clerk's Office JUL 18 2018 Landmarks Committee KAREEMAH FOWLER Meeting Date: 7/3/18, 1:30 P.M. CITY CLERK,SOUTH BEAD,IN Agenda: Discuss and provide recommendation on the following properties for consideration as landmarks: 1. Engman Public Natatorium 2. LaSalle Avenue Bridge 3. Jefferson Boulevard Bridge 4. Twyckenham Drive Bridge Members Present: Joseph Molnar(Chair), Adam Toering, Greta Fisher, Velvet Canada Members Absent:None Others Present: Elicia Feasel (Historic Preservation Administrator) Below are the minutes from the meeting, in bold are the official recommendations of the Committee to the Historic Preservation Commission. The Landmarks Committee met in the Informal Chambers of the South Bend Common Council on July 3ra, 2018 at 1:30 P.M. Adam Toering provided the draft staff report for the Engman Public Natatorium. The Committee discussed how much of the property should be proposed for landmarking. The consensus was reached that all of Parcel#1 of the property should be considered for landmarking. This consists of the entire building and the garden behind the building where the pool was once located. Committeemember Fisher stated the garden should be included because the pool location itself is as significant as the building in terms of historical memory in the community. This does not include the parking lot adjacent to the building which is a separate parcel. Committeemember Greta Fisher made a motion to send the Engman Public Natatorium to the full Commission with a favorable recommendation for the entirety of Parcel#1. Committeemember Adam Toering seconded the motion which carried with a vote of four 4) ayes and zero (0) nays. Elicia Feasel provided and discussed the draft staff reports for the LaSalle Bridge,Jefferson Bridge, and Twyckenham Bridge. The Committee decided it made sense to discuss the bridges as one discussion item. Ms. Feasel informed the Committee that the Howard Park Walking Bridge is not being considered for landmarking at this time. The process of landmarking bridges is efforts previously made to landmark bridges in St. Joseph County that are of historical significance. Previously the Michigan Bridge and Angela Bridge have both been landmarked. The Committee agreed with the decision that the Colfax Bridge is not suitable for landmarking at this time. All three bridges discussed have historic and unique architectural designs that would no longer be considered in the construction of modern bridges. All three bridges have undergone recent renovations that have been sympathetic to their historical character. Considering that all three bridges represent a specific time in the City of South Bend and St. Joseph County's history, in addition to retaining their unique architectural features, it was the opinion of the Committee that they are acceptable for landmark status. Committeemember Velvet Canada made a motion to send the LaSalle Avenue Bridge to the full Commission with a favorable recommendation. Committeemember Greta Fisher seconded the motion which carried with a vote of four (4)ayes and zero (0) nays. Committee Chair Joseph Molnar made a motion to send the Jefferson Boulevard Bridge to the full Commission with a favorable recommendation. Committeemember Adam Toering seconded the motion which carried with a vote of four(4)ayes and zero (0) nays. Committeemember Greta Fisher made a motion to send the Twyckenham Drive Bridge to the full Commission with a favorable recommendation. Committeemember Velvet Canada seconded the motion which carried with a vote of four(4)ayes and zero (0) nays. With all business decided, Committee Chair Joseph Molnar adjourned the meeting at 2:15 p.m. Joseph Molnar, Landmarks Committee Chair O4'SpLITH d HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY rl ,, E4C, 1 County—City Building,South Bend,IN 46601 http://%vww.sotithbendin.gov/govemnient/department/community-investment1kPhone:5741235.9371 Fax:574/235.9021 ls s ' Email:hpcsbsjc @southbendin.gov Timothy S.h IIUCAIISki,President A Certified Local Government of the National Park Service Elicia Feasel,Historic Preservation Administrator LOCAL HISTORIC LANDMARK—OWNER CONSENT I,the undersigned property owner, grant the Historic Preservation Commission of South Bend and St.Joseph County permission to have the property located at: 1040 W. W1-SN)"qr 7 4T Z 7P gW r7, I &A 46 1 Declared a Local Historic Landmark tinder ordinance. I do also approve of the classification of this building under Group B Standards for Local I listoric Landmarks. Signature of Owner:Date: Filed in Clerk's Office JUL 18 2018 KAREEMAH FOWLER CITY CLERK;SOUTH BEND,IN A REA B OARD OF Z ONINGA PPEALS 1140 County-City Building 227 W.Jefferson Boulevard Filed in Clerk's Office South Bend.IN 46601 www,sjclndiana.com Phone-574.235-9571-Fax-574-235-9813 JUL 13 2018 Thursday,July 12,2018 KAREEMAH FOWLER Common Council CITY CLERK, SOUTH BEND, IN 227 W. Jefferson Boulevard South Bend,IN 46601 RE: The petition of THRIVE MICHIANA LLC seeking a Special Use for to allow an accessory parking lot in the SF2 Single Family and Two Family District for property located at 719 and 721 W. REX ST., City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance was legally advertised on June 28, 2018 and that the Area Board of Zoning Appeals at its public hearing on July t 1, 2018 took the following action: Upon a motion by Robert Hawley,being seconded by John Leszczynski and unanimously carried, a petition by THRIVE MICHIANA LLC seeking a Special Use for to allow an accessory parking lot for property located at 719 and 721 W.REX ST.,City of South Bend,was sent to the Council with a favorable recommendation, and will issue written Findings of Fact. The deliberations of the Area Board of Zoning Appeals 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. Sincerel , Lawrence P.Magliozzi, Executive Director Attachment CC: RICHARD L AND LINDA L FORD Director of Planning&Community Resources Mike Keen Kathy Schuth BILL NO. 18-34 Filed in Clerk's Office BILL NO. 18-34 JUL 13 2018 RESOLUTION NO. KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN 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 719 and 721 W. REX STREET 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 property located at: 719 and 721 W. REX STREET In order to permit an accessory parking lot. 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: 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 of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council 7 !.J + CITY OF SOUTH BEND PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USES JUN 14 2018 PROPERTY INFORMATION: i The property Tax Key Number(s)is/are: 018-1060-2535, 018-1060-2536, 018-1062-2658, 018-1060-2537, 018- 1000-2538, 018-1059-2488, 018-1059-2489, 018-1059-2490, 018-1059-2491, 018-1059-2492, 018- 1059-2505 The property address: 906, 908-910 Pwtage Are; 736 California it ve; 808-838 Portage i1 ve; 719 W Rex St South Bend, IN 46616 If the application only includes a portion of the property listed above,provide the Legal Description for the petition area and the total site area: illl portions ofproperties listed above VARIANCE INFORMATION: List each variance being requested. The variance request must specifically list the requirement and the desired t•equest(e.g., From the required[enter requirement]to[enter request going to]) Additional examples can be fofnrd on our•website. Please conaet the Staff ifyou need assistance. 1)a. From the r eguir•cr(l 12 foot maxinuan setback to 35 feet maxinunn setback frn 50%gf the building eleraliorn along Rev Street, b. From the parking setback of 5 feet behind the_Ji•onl building lire to 5 feet behind the property line. c. Prom a 24-1bor parki,rg rrrarrcnn,e!lrrgausle to a 14/oo!nranefn,erltrg aisle. d. Prom the required landscaping nJ regtrir ed perrrrrcler'yarc!to as drown oil Site Plan. e, Y oaf the require(1 gJJ street parking arcrr screening to screening as shown On Site Plan 2) 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: I'!te proposer!development will Jill a need in the neiglrborlrood,f(r•({JJbrzalable horrsiugm, supporting the general welfrn•e of the commmmity. b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: The reuse(?/'a blighte(llvac(rnt str'aetm•e and the cler elopment of existing vacant land should not adi er•sely((Jfect sta ranrdirrgl»vpe,ty twhres. c) The strict application of the teens of this Ordinance would result in practical difficulties in the use of the property: Due to the layout gfthe existing building and odd corrfigta•ation q0he lots, the placement of buildings&Parking it-ill res•r(!t in overcoming the practical(Ir'lficulties•ir(the reuse of the properties. The proximit},along Pottage and the(desire to beep the parking aiva.11 i'om view oJ•Porlage Arc will help ease the othenrise str•ic!application o0 his Ordinance for•the development gf those sites. SPECIAL EXCEPTION USE INFORMATION(if the petition does not include a Special Exception Use,please skip to next section): 1) The Special Exception Use(s)being requested: Lots 018-1060-25.37 ce 018-1060-2538 are being proposed to allow r(se ors•an aceess'ory parking lot. 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) "The proposed trse will not be injurious to the public health,safety, comfort, community moral standards, convenience or general welfare: The proposed developmerrt is located along a public transportation route and this parking will supplement the development to Create a marketable annuity fin,those that it-ill oll7l a vehicle. G1Y»iliilg the.special ltsC loi•par•kiilg iiiste(td QjVllCallt lots shoitl(l itot be in nr ious to IIIe general ivel/i»•e of the com»unto). b) The proposed use will not injure or adversely affect the use of the adjacent area or property valves therein: 11,7111 prosier landscaping anll screening, the a(ljacew residential itses should not he adversely q reefed. 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: The proposed addition(rl parking crlloi>>s for sn trctru es to rc»i(riil/crddcll tv Portage Avenue and locating parking behind these structures curd/or•properly 1(»rdse(ipecl/.screerrell iron! view. d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. As currently single-Jmility zoning, the decision was made to honor the Comprehensive!'kur/crtrrcrlt zoui»g by applping.for Special l:.l"emptio» Use pertinent to the adjelcent development plans. If in fire future parking needs are not as great,granting the Special hremption Uve allows irai s%ornultioll of the propcl7p to single. imd4y use. In the case of a Special Exception Use,the petitioner shall be held to the representations oracle on the Preliminary Site Plan included with this petition. Filed in Clerk's Office JUL 13 2018 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN i JUN 14 2018 Filed in Clerk's Office P1;.TITTONER 1NIYX)RNLMON: JUL 13 2018 Nance and address of pn?perty o\vnegs)of tile petition site: Ric-hemi&Linda Fortis' KAREEMAH FOWLER SCE Aharina.4vemte CITY CLERK,SOUTH BEND, IN Kev Largo. FL 3303:7 t,411011•11 -Phone Member with Area Code i'_ 1k lolrn- E-Afail,4ddrrss Name surd address of additional property owners, if applicable: Tim Corcoran Director, Planning& Community Resoruces Cite of South Bend 1400 S. County-City Building 22?W.Jefferson Blvd South Bend,IN 46601 Mike Keen Thrive Michigan LLC 1012 Riverside Drive South Bead,IN 46616 S74-514-2096 nit'k-eenl@gmail.com Name and address of petitioner(s),if different than the petitioner): Kathy Schuth 1007 Portage Avenue South Bend, M46616 574-232-9182 nnndirector@nearnorthwest.org Name and address of additional property owners, if applicable: FILED- CONTACT PERSON: Kathy Schuth JUN 14 2018 1007 Portage Avenue South Bend M 46616 574-232-9181 nnndirector@neamorthwest.org BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTYOWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PE'T'ITION BEFORE THE AREA BOARD OFZONING APPEALS AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS RELATED TO THIS PETITION. Signature(s) of all property owner(s): V t M Ct]S tGSpA 1 pI 6P PUK0l t-UrN mom> It --—'-- l:I E = (.)•' >;t.v'. r ll: 11T!'1; i 'lll,Jr`.•- i s i5',.L I IN\°j+ I 0 \ O I I f I s ii I j q 5;-:, Z s e e nayCzz I• Co IcnT A J m Cn Zn z I fil ° E E r ry I e l e I I I$ o Filed in Clerk's Officela44 I I '.° I I I t a w. r aa JUL 1 3 2013 j KAREE AH FOWL R i CfTY CLERK,SOUTH B ND, IN I I ro. on7t ev oescaivra BAKERY PLACE E m a SOUTH BUILDING Z S 'fi P,rrE li'7:a P;[t E-Yd:vafflQs d•E!oc4:Kisun soon{BENDA91W r_r($17?:<ua Hr F1c NL//s.r.lkmarc5•f:x::