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Home My WebLink About03-25-2024 AGENDA PACKET MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: BIANCA L. TIRADO, CITY CLERK DATE: THURSDAY, MARCH 21, 2024 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, March 25, 2024: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public. Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/032524CC 4:00 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WARNER 1. Bill No. 24-08- Confirming Resolution: Mixed Use Development Real Property Tax Abatement Petition for the Momentum Development Group, LLC 2. Bill No. 24-09 - Resolution Correcting Scrivener’s Error in Resolution No. 5015-23 Designating 722 Harrison Avenue and 726 Harrison Avenue 4:20 P.M. COUNCIL RULES PRESIDENT, S. MCBRIDE 1. Bill No. 10-24- Amending Sec 2-7 (c) Duties of the City Clerk Services for Minutes 4:40 P.M ZONING & ANNEXATION CHAIRPERSON, DR. DAVIS 1. Substitute Bill No. 02-24 -711 Leland Ave Rezoning Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning and Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, S. MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller 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 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, March 25, 2024 7:00 P.M. The South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/SBCC032524 1. INVOCATION – PASTOR THROSTUR THORDARSON, SOUTH BEND FIRST SEVENTH-DAY ADVENTIST CHURCH 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES MARCH 11, 2024 | SEPTEMBER 12, 2022 | SEPTEMBER 26, 2022 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 02-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 711 LELAND AVENUE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA (SUBSTITUTE) 10-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2-7(C) OF 2 CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE, “DUTIES OF THE CITY CLERK AS CLERK OF THE COUNCIL” TO PERMIT THE CITY CLERK TO HIRE OUTSIDE CONTRACTUAL SERVICES FOR THE INITIAL PREPARATION OF DRAFTS OF MEETING MINUTES 8. BILLS ON THIRD READING TIME:______ BILL NO. 02-24 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 711 LELAND AVENUE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA (SUBSTITUTE) 10-24 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2-7(C) OF CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE, “DUTIES OF THE CITY CLERK AS CLERK OF THE COUNCIL” TO PERMIT THE CITY CLERK TO HIRE OUTSIDE CONTRACTUAL SERVICES FOR THE INITIAL PREPARATION OF DRAFTS OF MEETING MINUTES 9. RESOLUTIONS BILL NO. 24-08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 510 SOUTH MAIN STREET, SOUTH BEND, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT-YEAR (8) REAL PROPERTY TAX ABATEMENT FOR MOMENTUM DEVELOPMENT GROUP, LLC 24-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CORRECTING SCRIVENER’S ERROR IN RESOLUTION NO. 5015-23 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 722 HARRISON AVENUE SOUTH BEND, INDIANA, 46616 AND 726 HARRISON AVENUE SOUTH BEND, INDIANA, 46616 A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE-YEAR (5) RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CROSS COMMUNITY, INC. AND CORRECTING SCRIVENER’S ERROR IN RESOLUTION NO. 5016-23 CONFIRMING THE ADOPTION OF RESOLUTION NO. 5015-23 3 10.BILLS ON FIRST READING BILL NO. 18-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST 360’ +/- OF BOLAND DRIVE EAST OF PORTAGE ROAD 19-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 402 WEST NAVARRE STREET COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 20-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18, ARTICLE 5, TO UPDATE THE PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES 21-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS OF $9,000,000 FROM THE GENERAL FUND (#101). 11.UNFINISHED BUSINESS 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 officiate 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. 2024 COMMON COUNCIL STANDING COMMITTEES (Rev. 03-21-2024) 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. Troy Warner, Chairperson Sherry Bolden-Simpson, Member Rachel Tomas-Morgan, Vice-Chairperson Kaine Kanczuzewski, Citizen Member Ophelia Gooden-Rodgers., Member Thomas Gryp, Citizen 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. Ophelia Gooden-Rodgers, Chairperson Sheila Niezgodski, Member Canneth Lee, Vice-Chairperson Sherry Bolden-Simpson, Member Citizen 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. Sharon L. McBride, Member Troy Warner, Member Sheila Niezgodski, 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. Rachel Tomas Morgan, Chairperson Troy Warner, Member Dr. Oliver Davis, Vice-Chairperson Savino Rivera, Citizen Member Karen L. White, Member Frank Spesia, Citizen 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. Rachel Tomas Morgan, Chairperson Canneth Lee, Member Sherry Bolden-Simpson, Vice-Chairperson Maria Gibbs, Citizen Member Kate Berlent, Citizen 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. Canneth Lee, Chairperson Dr. Oliver Davis, Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Citizen Member 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. Sheila Niezgodski, Chairperson Karen L. White, Member Troy Warner, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member Citizen 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. Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member Jason Piontek, Citizen Member Carl Littrell, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Amika Micou, Citizen Member Citizen 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. Sherry Bolden-Simpson, Chairperson Troy Warner, Member Dr. Oliver Davis, Vice-Chairperson Ophelia Gooden-Rodgers, Member Joseph Mayer, Citizen Member Dr. Janet J. Evelyn, Citizen 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. Dr. Oliver Davis, Chairperson Sheila Niezgodski, Member Ophelia Gooden Rodgers, Vice-Chairperson Karen L. White, Member Stacey Odom, Citizen 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. Troy Warner, Member Sherry Bolden-Simpson, Member 2024 COMMON COUNCIL STANDING COMMITTEES (Rev.03-21-2024) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Personnel & Finance Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Vice-Chairperson OPHELIA GOODEN-RODGERS, 2nd District Council Member Community Relations Committee, Chairperson Utilities Committee, Member Zoning & Annexation Committee, Vice-Chairperson Residential Neighborhoods Committee, Member Community Investment Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Investment Committee, Chairperson Health & Public Safety Committee, Member Personnel & Finance Committee, Vice-Chairperson Utilities Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member Council Rules Committee, Member SHERRY BOLDEN-SIMPSON, 5TH District Council Member Utilities Committee, Chairperson Community Relations Committee, Member Information & Technology, Vice-Chairperson Community Investment Committee, Member Public Works & Property Vacation Committee, Member Sub-Committee on Minutes, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member Community Relations Committee, Member DR. OLIVER DAVIS, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation, Member Utilities Committee, Vice-Chairperson PARC Committee, Member Health and Public Safety Committee, Vice-Chairperson RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member Committee Investment Committee, Vice-Chairperson KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Health & Public Safety Committee, Member Public Works & Property Vacation, Vice-Chairperson Zoning & Annexation Committee, Member Personnel and Finance Committee, Member A 40 PLAN c County-City Building c City of South Bend 227 W.Jefferson Blvd. 1400S South Bend, IN 46601 PLAN COMMISSION 574) 235-7627 w outfikiendin:govizoni.n. Es> gBt,sHo/019 Filed in Clerk's Office December 19, 2023 rJA >O2 Z024 DA e NM BANES . Honorable Committee Chair Hamann CITY CLERK,SOUTH BEND,IN 4th Floor, County-City Building ggi,CA.,--r(ya j South Bend, IN 46601 RE: 711 Leland Avenue— PC#0187-24 Dear Committee Chair Hamann: Enclosed is 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 January 8, 2024,Council meeting, and set it for public hearing at your January 22, 2024, Council meeting. The petition is tentatively scheduled for public hearing at the January 16, 2024, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Rezone property from U2 Urban Neighborhood 2 to OF Urban Flex If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran Angela Smith Scott Ford Planning Director Zoning Administrator Commission President Substitute Bill No. 02-24 Filed in Clerk's Office BILL NO. 02-24 4N274 ORDINANCE NO. CITY CLE ,SOUTH B ND iH AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BE , INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 711 LELAND AVENUE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from U2 Urban Neighborhood 2 to UF Urban Flex NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: LOT NUMBERED SIX (6) AS SHOWN ON THE RECORDED PLAT OF ST. JOSEPH COUNTY AGRICULTURAL SOCIETY'S ADDITION TO THE CITY OF SOUTH BEND, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 1 be and the same is hereby established as UF Urban Flex SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon L. McBride, Council President South Bend Common Council Attest: Bianca L. Tirado, 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 2024, at o'clock . m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2024, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number:018-1057-2416 Address:711 Leland Owner: Caspers-Shutts Family Trust Legal Description: LOT NUMBERED SIX(6)AS SHOWN ON THE RECORDED PLAT OF ST. JOSEPH COUNTY AGRICULTURAL SOCIETY'S ADDITION TOTHE CITY OF SOUTH BEND,AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 1. Project Summary The propose rezoning would allow for a non-residential ground-floor use with a residential dwelling unit above. The development would use the existing structure on site. Additional residential units may be added in an secondary structure at the rear of the property in compliance with the Ordinance. Requested Action Application includes (check all that apply) Rezoning Current District: U2 Urban Neighborhood 2 Additional Districts, if applicable Proposed District.OF Urban Flex Additional Districts, if applicable The Plan Commission and Council will consider the following in the review of a rezoning petition: 1) The comprehensive Plan; 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction;and 5) Responsible development and growth. Subdivision — complete and attach subdivision application Special Exception —complete and attach Criteria for Decision Making Use requested: Retail & Service and Restaurant Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Criteria for Decision Making Special Exception -if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: The proposed restaurant or retail space will meet all applicable building and fire safety codes. Therefore, it should not be detrimental 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, because: This home is located in a historic district, which protects the appearance and form of the structure. Allowing for a use that would compliment the neighborhood - like a small restaurant or retail place - should not adversely impact the use or value of the adjacent property. The outward appearance of the structure would be residential, and the use would be limited in scale by the nature and size of the structure. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: While not immediately fronting Portage Road, the unique street configuration in this area makes it feel like it is part of the Portage Road frontage. Across Leland Ave is the successful No. 6 Restaurant. The proposed use would compliment the No.6 Restaurant use and provide needed services to the neighborhood. The property would be developed in a mixed use format with a residential unit on the 2nd story of the existing structure, allowing for a more traditional neighborhood development pattern common in this area where a business owner could potentially live above their business. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed use is consistent with City Plan (2006), Objective LU2: Encourage a compatible mix of land uses in the community. More specifically, LU2.2 Pursue a mix of land uses along major corridors. This property is less than 75'from and highly visible to the Portage Road corridor. The only property between this and Portage Road is a small piece of a triangular lot occupied by a restaurant. As a mixed use building (with residential above), it would also comply with Objective H2, which speaks of both renovating and repairing older homes and maintaining housing stock. Contact information Property owner(s) of the petition site: Name: Casper-Shutts Family Trust Address: 1211 Campeau St South Bend, IN 46617 Name: Address: Name: Address: Contact Person: Name: Danch, Harner&Associates -Attn: Angela Smith Address: 1643 Commerce Drive South Bend, IN 46628 Phone Number: 574 234 4003 asmith@danchharner.com E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: 159.65'(M) 2 cc 5 bOacscs" so' m aoin0`'3' aE 24 159.72' iW , I i iCC O Q 33 14.0', . b ONCf3EfEj ao /// oo O CD ,' N 2 STORY/ ~J, o csD CO 46.1 /m EL CONC.•WALK1 . O 159.83'i. e Lo ' 1 o j Q z3 Q O h Qi O) cn c) n 4`. n 1E 5 s_ ;LcuL Heel N a3 160.30'(R) v o 0 V, r^)I h 1 h 0 0' 20 40 nh MI j Mitch, Hamer aAloactate , 1i Land Surveyors Professional Engineers 1LandscapeArchitects• Land Planners Office: (574)234-4003 / (800)594-4003 • Fax: (574)234-4119 1643 Commerce Drive • South Bend, IN 46628 021 0 Copyright 2023 Dcnch, Homer &Associates, Inc. v0PLANco 0 County-City Building C i ty of South Bend 227 W.Jefferson Blvd. 1400S South Bend,IN 46601 PLAN COMMISSION 574) 235 7627 www.southbendin.gov/zoningFSTA8LI5HE0107 Filed in Clerk's Offi February 20,2024 FEB 2 0 2024 South Bend Common Council 227 W.Jefferson Blvd.,4th Floor Bianca TiradoCityClerk, South Bend INce South Bend,IN 46601 Re:Bill#02-24-A proposed ordinance of CASPERS-SHUTTS FAMILY TRUST to zone from U2 Urban Neighborhood 2 to UF Urban Neighborhood Flex and seeking a Special Exception Use to allow Retail& Service and Restaurant,property located at 711 LELAND AVE,City of South Bend-PC#0187-24 Dear Council Members: I hereby Certify that the above referenced ordinance of CASPERS-SHUTTS FAMILY TRUST was legally advertised on February 9,2024,and that the South Bend Plan Commission at its public hearing on February 19,2024,took the following action: Upon a motion by Dr. Oliver Davis,being seconded by Rebecca Ward and unanimously carried,a proposed ordinance of CASPERS-SHUTTS FAMILY TRUST to zone from U2 Urban Neighborhood 2 to UF Urban Neighborhood Flex,property located at 711 LELAND AVE,City of South Bend,is sent to the Common Council with a FAVORABLE recommendation. Upon a motion by Dr. Oliver Davis,being seconded by Caitlin Stevens and unanimously carried,a Special Use for Retail& Service and Restaurant property located at 711 LELAND AVE,City of South Bend,is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached.The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, Kari Myers Zoning Specialist Attachment CC: CASPERS-SHUTTS FAMILY TRUST Bob Palmer Tim Corcoran Scott Ford Planning Director Commission President Staff Report— PC#0187-24 January 16, 2024 Property Information Location: 711 LELAND AVE Owner: CASPERS-SHUTTS FAMILY TRUST Requested Action Rezone from U2 Urban Neighborhood 2 to OF Urban Neighborhood Flex Special Exception: Retail & Service and Restaurant Project Summary The proposed rezoning would allow for a nonresidential ground-floor use with a residential dwelling unit above. The development would use the existing structure on site. Additional residential units may be added in a secondary structure at the rear of the property in compliance with the Ordinance. Location Map QM so() f b '*96 u Ui yLF ,MOO Q r.1 0,. z a3 y f ., 1. Recommendation Staff Recommendation: Based on information available prior to the public hearing, the Staff recommends the Plan Commission send the Rezoning petition to the Common Council with a favorable recommendation. The Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 1 of 5 5 4o Z a6ed NOISSIWWO3 NVld ON88 HIf OS moo to'owe wns • . a 1.rww03 f191 letN- scz(/[S)=/o! • toot-P6s(ooF) /foot-ta(,;) •-.uo 3(purr, •s;oo;yoty odoospu0ri s.r0s4U3 IDuoissoloJd • QJokinUns putty MI!'1' oc aZ .0 1 4 1 v I 11),0C'09 I g v o r k' 1 9'69l o 13 1.01 4:-7 r, i: r- O•r.i r w . r i L'64 t I -< I ;:i mores' 4 K ueld aps pasodoad 17Z0Z/9I l vz-L81.0#Dd-iodaN}leis Staff Report-PC#0187-24 1/16/2024 Site & Context Land Uses and Zoning: On site: A two-family residential dwelling. North: To the north, a small private neighborhood park on a platted lot zoned U2 Urban Neighborhood 2. East: To the east is a a restaurant (No. 6)zoned UF Urban Flex. South: To the south is a single unit dwelling zoned U2 Urban Neighborhood 2. West: To the west is a church (St. Paul Bethel Baptist Church)zoned U1 Urban Neighborhood 1. District Intent: The UF District is established to enhance and support a full range of housing types and small- scale commercial uses found outside neighborhood centers in core and outlying areas of the City. Site Plan Description: The site plan provided with the petition shows the existing building and concrete parking pad in the rear yard. Zoning and Land Use History and Trends: The section of Portage Avenue between Marion Street to the south and California Avenue to the north has seen an uptick in commercial development in the past several years. This includes the construction of a Burton's Laundry to the south and the redevelopment of Ward Bakery to the north. Traffic and Transportation Considerations: Leland Avenue is a residential brick surfaced street with on-street parking. Agency Comments Agency Comments: There are no agency comments at this time. Staff Comments: A small scale retail or restaurant use is not permitted in the U2 zoning district, but is consistent with other uses in the general vicinity. The location of this property adjacent to another UF use and in close proximity to Portage Avenue frontage make it a suitable location for the proposed zoning and use. Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with city's comprehensive plan, City Plan (2006) Objective ED2: Retain existing businesses and recruit new ones to the city. Allowing the rezoning of the site will allow for the development of a new business in the city. Land Use Plan: SOUTH BEND PLAN COMMISSION Page 3 of 5 Staff Report-PC#0187-24 1/16/2024 The future land use plan identifies this area as low density residential. With a residential unit located on the 2nd floor of the structure, it will continue its historic residential use. Plan Implementation/Other Plans: The petition is consistent with the Near Northwest Neighborhood Plan (2019)which encourages amenities that serve the neighborhood; increase housing choice; and encourage of mix of uses. The petition is also consistent with City Plan, South Bend Comprehensive Plan (2006), Objective LU2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. 2. Current Conditions and Character: The vast majority of the neighborhood was built prior to 1917. A mix of uses is appropriate in select locations including the corridors and new development should not detract from the character of the existing residential areas. 3. Most Desirable Use: The most desirable use, at this time, is to allow for small scale development as a retail or restaurant space with upper floor retail, which fits into the established character of the neighborhood. 4. Conservation of Property Values: The OF Urban Flex district was established to enhance and support a full range of housing types and small-scale commercial uses found outside neighborhood centers. The proposed rezoning will allow for the conservation of property values throughout the area by the development of amenities that serve the neighborhood. 5. Responsible Development and Growth: It is responsible development and growth to allow for small-scale commercial development that will not detract from the character of the existing residential areas. Special Exception The petitioner is seeking a Special Use to allow: Retail & Service and Restaurant A Special Use 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 should not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare as any proposed restaurant or retail space will meet all applicable building and fire safety codes. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use should not injure or adversely affect the use of the adjacent area or property values as the outward appearance of the structure would continue to be residential and the use would be limited in scale by the nature and size of the structure. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; While not immediately fronting Portage Avenue, the unique street configuration in this area makes it feel like it is part of the Portage Avenue frontage. The property would be developed in a mixed use format with a residential unit on the 2nd story of the existing structure, allowing for a SOUTH BEND PLAN COMMISSION Page 4 of 5 Staff Report-PC#0187-24 1/16/2024 more traditional neighborhood development pattern common in this area where a business owner could potentially live above their business. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with City Plan (2006), Objective LU2.2: Pursue a mix of land uses along major corridors. This property is less than 75' from and highly visible to the Portage Avenue corridor. As a mixed use building with residential above, it would also comply with Objective H2 which speaks of both renovating and repairing older homes and maintaining housing stock. Analysis & Recommendation Commitments: There are no commitments proposed at this time. Analysis: Rezoning the site to OF Urban Neighborhood Flex will allow for the continued use as a residential dwelling on the 2nd floor with a small scale retail and/or restaurant use on the first floor. Recommendation: Based on information available prior to the public hearing, the Staff recommends the Plan Commission send the Rezoning petition to the Common Council with a favorable recommendation. The Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 5 of 5 4;1 PIAN C County-City Building City of South Bend 227 W.Jefferson Blvd. 1400S South Bend,IN 46601 PLAN COMMISSION 574)235-7627 www.southbendin.gov/zoning FSrAausHED isco March 1, 2024 Honorable Committee Chair Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Bill #02-24- SUBSTITUTE Ordinance 711 Leland Avenue Dear Committee Chair Davis: Attached please find a Substitute Ordinance for Bill #02-24. The Special Exception request for Retail & Service and Restaurant use was inadvertently omitted from the original ordinance submitted. The Plan Commission, at their February 19, 2024, meeting, considered the petition to rezone the property as well as the Special Exception use and forwarded a favorable recommendation to the Council for each request. Please set it for public hearing at your March 11, 2024, Council meeting. If you have any questions, please feel free to contact this office. Sincerely, Filed in Clerk's Office MAR 0 1 2024 Kari Myers BiaCityClerkncaTirado South Bend, INZoningSpecialist cc: Bob Palmer Tim Corcoran Scott Ford Planning Director Commission President SUBSTITUTE BILL NO.02-24 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED AT 711 LELAND AVENUE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from U2 Urban Neighborhood 2 to UF Urban Flex and seeking a Special Exception Use for Retail&Service and Restaurant NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana,as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend,Indiana,be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend,St. Joseph County,State of Indiana: LOT NUMBERED SIX(6)AS SHOWN ON THE RECORDED PLAT OF ST.JOSEPH COUNTY AGRICULTURAL SOCIETY'S ADDITION TO THE CITY OF SOUTH BEND,AS PER PLAT THEREOF,RECORDED IN PLAT BOOK 3,PAGE 1 be and the same is hereby established as UF Urban Flex SECTION II.That a Special Exception Use for Retail&Service and Restaurant 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,by the Advisory Plan Commission. 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 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. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7)Commitments,if applicable. SECTION V.This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor,and legal publication,and full execution of any conditions or Commitments placed upon the approval. Sharon McBride,Council President South Bend Common Council Attest: Bianca Tirado,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 2024, at o'clock .m. Bianca Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2024,at o'clock m. James Mueller,Mayor City of South Bend,Indiana 2- Bill No. 10-24 O ld CITY OF SOUTH BEND w ia mar` COMMUNITY INVESTMENT K lHwd 2 o cal City Clerk, South Bend, IN 8165 March 20, 2024 Council Member Troy Warner Chairperson, Community Investment Committee South Bend Common Council County-City Building, 4th Floor South Bend, Indiana 46601 RE: Confirming Resolution: Mixed-Use Development Real Property Tax Abatement Petition for the Momentum Development Group, LLC Dear Council Member Warner, Please find the enclosed Confirming Resolution and Memorandum of Agreement for a mixed- use development real property tax abatement for Momentum Development Group, LLC, an Indiana Limited Liability Company. The petitioner plans to redevelop the property at 510 S. Main Street into an entrepreneurship hub with co-working spaces, commercial kitchen, and retail space. The building has been vacant for several years and was previously owned by the Salvation Army before the City acquired the property in 2019. The total investment for this project is $6,343,000. The project meets the qualifications for an eight-year (8) mixed-use development real property tax abatement. A representative from Momentum Development Group, LLC, will be available to meet with the Committee on Monday, March 25, 2024. Should you or other Council members have questions about the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227W.Jefferson Blvd. South Bend,Indiana 46601 p 574.235.9371 www.southbendin.gov Bill No. 24-08 Filed in Clerk's Office BILL NO. 24-08 MAR 2 n 2024 RESOLUTION NO. Bianca Tirarh,City Clerk, South Befu/, IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 510 South Main Street, South Bend, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT-YEAR (8) REAL PROPERTY TAX ABATEMENT FOR Momentum Development Group, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area described as: Key Number: 71-08-12-306-001.000-026 Local Parcel Number: 018-3017-0618 Commonly Known As: 510 South Main Street Legal Description: W. 128'Lot 31, All Lots 32 & 33 &N. 1/2 Vac. Alley So. &Adj. Martins Addition 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, 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 mixed-use development real property tax abatement only and shall expire on December 31, 2026. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for up to a period of eight (8) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2 - 100% Year 3 - 95% Year 4 - 95% Year 5 - 90% Year 6 - 90% Year? - 85% Year 8 - 85% 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. Sharon McBride, Council President South Bend Common Council Attest: Bianca Tirado, 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 2024, at o'clock .m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2024,at o'clock m. James Mueller, Mayor City of South Bend Filed in Clerk's Office MAR 2 0 2024 raT MEMORANDUM OF AGREEMENT City C erk, South Bend IN MIXED-USE DEVELOPMENT REAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement (Agreement) dated as of March 13, 2024, serves as confirmation of a commitment by Momentum Development Group,LLC(the"Applicant"),pending a March 25, 2024, public hearing, to comply with the project description,job creation and retention and associated wage rates and salaries) figures contained in its petition, Statement of Benefits, and attachments and this Agreement. 1. Property Associated with the Abatement and Responsibilities of the Applicant. At the time of this Agreement,the property is located at 510 South Main Street, South Bend,Indiana 46601, and has Key Number 71-08-12-306-001.000-026. Throughout the duration of the abatement, the Applicant shall promptly report any changes in the address or Key Number of the property receiving the abatement to the Department of Community Investment and to the Office of the City Clerk. Moreover, the Applicant also shall report any material changes or improvements made to the property subject to the abatement including changes as the result of subdividing,replatting, or otherwise. The Applicant agrees that failure to promptly report changes can result in a finding of noncompliance on behalf of the Applicant under the commitments of this Agreement. 2. Commitments of City and Applicant. Subject to the adoption of a Declaratory Resolution and a Confirmatory Resolution by the South Bend Common Council(the"SBCC"),the City of South Bend, Indiana, (the "City") commits to provide an eight-year (8) mixed-use development real property tax abatement for the Applicant, based on the Applicant's commitment set forth in its Application. The Applicant commits to the following(the"Commitments"): a) making total combined real property expenditures of no less than Six Million Three Hundred Thousand dollars ($6,300,000.00) for the rehabilitation of an existing building into an entrepreneurship hub with co-working spaces, offices, a commercial kitchen, and retail spaces at property identified in Section 1 of this Agreement; b) creating at least sixty-seven (67) full-time equivalent jobs with a total estimated annual payroll of at least Three Million Twenty Five Thousand dollars($3,025,000.00); and c) acting in good faith to complete the project as described in its Application. 3. Applicant's Compliance with City and State Laws. During the term of the abatement, the Applicant shall comply with Chapter 2, Article 6, of the South Bend Municipal Code, entitled "Tax Abatement Procedures," and all governing provisions of the Indiana Code. During the term of this abatement,the City may annually request information from the Applicant concerning the nature of the Project,the approved capital expenditure of the Project, the number of full-time permanent positions newly created by the Project, and the average wage rates and salaries(excluding benefits&overtime) associated with the positions, and the Applicant shall provide the City with adequate written evidence thereof within fifteen (15) days of such request (the "Annual Survey"). The City shall utilize this information and the information required to be filed by the Applicant in the CF-1 Compliance with the Statement of Benefits form to verify that the Applicant has at all times complied with the Commitments 1 after the Commitment Date and during the duration of the abatement and for no other purpose. The Applicant further agrees to provide the City with such additional information as requested by the City to determine Applicant's compliance with the Commitments and with local and state requirements within twenty(20)days following any such request. Notwithstanding anything herein to the contrary, the Applicant acknowledges that the City may be required to disclose certain documents provided by the Applicant as required by a court order or applicable law. 4. Substantial Compliance and Rights of Termination. The City, by and through the SBCC, reserves the right to terminate the Economic Revitalization Area designation and associated property tax abatement deductions if it reasonably determines that the Applicant has not made reasonable efforts to substantially comply with all the Commitments,as defined in Section 2 of this Agreement, and the Applicant's failure to substantially comply with the Commitments was not due to factors beyond its reasonable control, as described in Section 5 below. 5. Factors Beyond Control. As used in this Agreement, factors beyond the control of the Applicant shall only include factors not reasonably foreseeable at the time of designation application and submission of Statement of Benefits which are not caused by any act or omission of the Applicant, and which materially and adversely affect the ability of the Applicant to substantially comply with this Agreement.Applicant has the burden to communicate to the City any such factors in which it believes is beyond its control and impacting its ability to fulfill the terms of this Agreement or any tax abatement benefit provided to the City. The City reserves the right to investigate the factors cited by Applicant under this Section 5 to the fullest extent possible and may deny Applicant's request upon the completion of the City's investigation. 6. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement the Applicant shall: (a)be delinquent or in default with respect to any tax payment in St. Joseph County, Indiana;or(b)cease operations at the facility for which the tax abatement was granted;or(c)announce the cessation of operations at such facility, then the City may immediately terminate the Economic Revitalization Area designation and associated tax abatement deductions, and upon such termination, require Applicant to repay all of the tax abatement savings received through the date of such termination. 7. Notice/Hearing of Termination. In the event that the City determines that the Economic Revitalization Area designation and associated tax abatement deductions should be terminated or that all or a portion of the tax abatement savings should be repaid, it will give the Applicant notice of such determination, including a written statement calculating the amount due from the Applicant, and will provide the Applicant with an opportunity to meet with the City's designated representatives to show cause why the abatement should not be terminated and/or the tax savings repaid. Such notice shall state the names of the person with whom the Applicant may meet and will provide that the Applicant shall have thirty (30) days from the date of such notice to arrange such meeting and to provide its evidence concerning why the abatement termination and/or tax savings repayment should not occur. If,after giving such notice and receiving such evidence, if any,the City determines that the abatement termination and/or the tax repayment action is proper, the Applicant shall be provided with written notice and a hearing before the SBCC before any final action shall be taken terminating the abatement and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. Joseph County Superior or Circuit Court. 2 8. Repayment. In the event the City requires repayment of the tax abatement savings as provided hereunder, it shall provide Applicant with a written statement calculating the amount due (the Statement"), and Applicant shall make such repayment to the City within one hundred twenty(120) days of the date of the Statement. If the Applicant does not make timely repayment, the City shall be entitled to all reasonable costs and attorneys' fees incurred in the enforcement of this Agreement and the collection of the tax abatement savings required to be repaid hereunder. 9. Modification/Entire Agreement. This Agreement and the schedules attached hereto as Exhibit A contain the entire understanding between the City and the Applicant with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, inducements, and conditions, expressed or implied, oral, or written, except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing signed by the City and the Applicant. The Applicant understands that any and all filings required to be made or actions required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant. 10. Waivers. Neither the failure nor any delay on the part of the City to exercise any right,remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right,remedy,power, or privilege preclude any other or further exercise of the same or of any other right,remedy,power,or privilege with respect to any occurrence or be construed as a waiver of such right,remedy,power,or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 11. Governing Laws of Indiana. This Agreement and all questions relating to its validity, interpretation,performance,and enforcement shall be governed by the laws and decisions of the courts of the State of Indiana. 12. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of the Courts of the State of Indiana and of the St.Joseph County Circuit or Superior Court in connection with any action or proceeding arising out of or relating to this Agreement or any documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall be brought in such County and in such Court. 12. Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or by facsimile (with confirmation by registered or certified mail) or on the third business day following the mailing,by registered or certified mail,postage prepaid,return receipt requested,thereof, addressed as set forth below: If to Applicant: Momentum Development Group, LLC P.O. Box 815 South Bend, Indiana 46624 Attn: Kristopher Priemer, President If to the City:City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 1400S South Bend, Indiana 46601 Attn: Executive Director of Community Investment 13. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit of the City and the Applicant and their successors and assigns, except (a) that no party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party hereto, in which consent shall not be unreasonably withheld, and (b) Applicant may assign and transfer its rights under this Agreement to the Permitted Assign without prior written consent. "Permitted Assign" means the affiliated single purpose entity created for purposes of designing, constructing, owning, operating, and maintaining the project which is the subject of this Agreement. 14. Valid and Binding Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon,and all of which shall together constitute one and the same instrument. By executing this Agreement, each person so executing affirms that he has been duly authorized to execute this Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation of the party. 15. Severability. The provisions of this Agreement and of each section or other subdivision herein are independent of and separable from each other,and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby. 16. No Personal Liability. No official, director, officer, employee, or agent of the City shall be charged personally by the Applicant, its employees, or its agents with any liabilities or expenses of defense or be held personally liable to the Applicant under any term or provision of this Agreement or because of the execution by such party of this Agreement or because of any default by such party hereunder. Remainder of page intentionally blank.] 4 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. Applicant" City" Momentum Development Group, LLC City of South Bend, Indiana By: i " "' By: Kristopher Priemer Sharon McBride President President, South Bend Common Council Momentum Development Group, LLC Approved as to Legal Adequacy and Form this By: day of 2023. Troy Warner Chairperson,Community Investment Committee Counsel, South Bend Common Council By: . Erik Glavich Department of Community Investment Counsel for Applicant By: James Mueller Mayor 5 EXHIBIT A Abatement Schedule Subject to the adoption by the SBCC of a resolution confirming the adoption of Declaratory Resolution No. 5069-24, the property owner is qualified for and is granted a mixed-use development real property tax abatement for a period of eight(8)years as shown by the schedule outlined below. Year 1 - 100% Year 2 - 100% Year 3 -95% Year 4-95% Year 5 -90% Year 6 -90% Year? -85% Year 8 -85% 6 Filed in Clerk's Office rado 0)----17-111 .,,,, MaR2n2024UCITYOFSOUTHBEND P Crty Cle knSoulca 'h r nt, jk COMMUNITY INVESTMENT IN March 20, 2024 Council Member Sharon McBride Council Member Troy Warner President Chairperson South Bend Common Council Community Investment Committee County-City Building, 4th Floor South Bend Common Council South Bend, Indiana 46601 County-City Building, 4th Floor South Bend, Indiana 46601 RE: Resolution Correcting Scrivener's Error: Single-Family Residential Real Property Tax Abatement for Cross Community, Inc. Dear President McBride and Council Member Warner, Please find the enclosed resolution correcting a scrivener's error in Resolution No. 5015-23, a Declaratory Resolution adopted by the Common Council on April 10, 2023, and Resolution No. 5016-23, the subsequent Confirming Resolution adopted by the Council on April 24, 2023. Collectively, these two resolutions provide a real property tax abatement for two single-family homes that were to be built by Cross Community, Inc. on the 700 block of Harrison Avenue. In April 2023, when the Common Council adopted the resolutions providing the tax abatement, the addresses for the affected parcels were in the process of being modified. As a result of this process, one of the two parcels to which the 2023 abatement applied was inadvertently incorrect. The enclosed resolution will correct this error and apply the abatement to the proper parcels, which are currently 722 and 726 Harrison Avenue. The new single-family homes are part of a program run by Cross Community in support of first- time homebuyers, who participate in financial and credit-building workshops. Cross Community spent over$560,000 building the two homes and far exceeded the commitment associated with the abatement. If you or any of the other Council members have questions concerning the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, L._. Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County-City Building 227 W.Jefferson Blvd. South Bend.Indiana 46601 p 574.235.9371 www.southbendin.gov Bill No. 24-09 Filed in Clerk's Office BILL NO. 24-09 MAR 2 0 2024 RESOLUTION NO. Bianca Tirado City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CORRECTING SCRIVENER'S ERROR IN RESOLUTION NO. 5015-23 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 722 Harrison Avenue, South Bend, Indiana 46616 AND 726 Harrison Avenue, South Bend, Indiana 46616 A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE-YEAR (5) RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Cross Community, Inc. AND CORRECTING SCRIVENER'S ERROR IN RESOLUTION NO. 5016-23 CONFIRMING THE ADOPTION OF RESOLUTION NO. 5015-23 WHEREAS, on April 10, 2023, the Common Council of the City of South Bend, Indiana, adopted Resolution No. 5015-23 designating a certain area within the City as a Residentially Distressed Area for the purpose of tax abatement consideration; and WHEREAS, Resolution No. 5015-23 designated the area described as: Key Number: 71-08-02-407-013.000-026 Commonly Known As: 724 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 2 Kingdom Campus Minor Sub 23/24 NP#1221 6/27/2022 Key Number: 71-08-02-407-012.000-026 Commonly Known As: 726 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 1 Kingdom Campus Minor Sub 23/24 NP#1221 6/27/2022 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, on April 24, 2023, the Common Council adopted Resolution No. 5016-23 confirming Resolution No. 5015-23; and WHEREAS,the area described in Resolution No. 5015-23 and Resolution No. 5016-23 as a Residentially Distressed Area should not have included the area identified by Key Number 71- 08-02-407-012.000-026 and instead should have included the area describe as: Key Number: 71-08-02-407-014.000-026 Local Parcel Number: 018-1070-2983 Commonly Known As: 722 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 3 Kingdom Campus Minor Sub 23/24 NP#1221 6/27/2022 as a Residentially Distressed Area; and WHEREAS,the petitioner notified the Department of Community Investment on February 20, 2024, of the change in the commonly known addresses of the parcels designated as a Residentially Distressed Area; and WHEREAS,the Department of Community Investment investigated the change of address and determined that the area identified by Key Number 71-08-02-407-012.000-026 was inadvertently and incorrectly included as part of the area designated as a Residentially Distressed Area and the area identified by Key Number 71-08-02-407-014.000-026 was inadvertently and incorrectly excluded from the area designated as a Residentially Distressed Area; and WHEREAS, at the times Resolution No. 5015-23 and Resolution No. 5016-23 were each adopted, the area identified by Key Number 71-08-02-407-012.000-026 was commonly known as 726 Harrison Avenue, South Bend, Indiana 46616; and WHEREAS, following the adoptions of Resolution No. 5015-23 and Resolution No. 5016- 23, respectively, the commonly known address of the area identified by Key Number 71-08-02- 407-012.000-026 changed and is now commonly known as 728 Harrison Avenue, South Bend, Indiana 46616; and WHEREAS, at the times Resolution No. 5015-23 and Resolution No. 5016-23 were each adopted, the area identified by Key Number 71-08-02-407-013.000-026 was commonly known as 724 Harrison Avenue, South Bend, Indiana 46616; and WHEREAS,following the adoptions of Resolution No. 5015-23 and Resolution No. 5016- 23, respectively, the commonly known address of the area identified by Key Number 71-08-02- 407-013.000-026 changed and is now commonly known as 726 Harrison Avenue, South Bend, Indiana 46616; and WHEREAS, at the times Resolution No. 5015-23 and Resolution No. 5016-23 were each adopted, the confusion associated with the commonly known addresses of the areas identified by Key Number 71-08-02-407-013.000-026 and Key Number 71-08-02-407-012.000-026, respectively, contributed to the inadvertent and incorrect inclusion of the area identified by Key Number 71-08-02-407-012.000-026 as an area designated as a Residentially Distressed Area and the inadvertent and incorrect exclusion of the area identified by Key Number 71-08-02-407- 014.000-026 from the area designated as a Residentially Distressed Area; and WHEREAS, the Common Council desires to correct this scrivener's error appearing in Resolution No. 5015-23 and Resolution No. 5016-23; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The area designated as a Residentially Distressed Area by Resolution No. 5015-23 as adopted on April 10, 2023, and confirmed by Resolution No. 5016-23 as adopted on April 24, 2023, is deleted and in its place is inserted the area described as: Key Number: 71-08-02-407-013.000-026 Local Parcel Number: 018-1070-2982 Commonly Known As: 726 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 2 Kingdom Campus Minor Sub 23/24 NP#1221 6/27/2022 Key Number: 71-08-02-407-014.000-026 Local Parcel Number: 018-1070-2983 Commonly Known As: 722 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 3 Kingdom Campus Minor Sub 23/24 NP#1221 6/27/2022 SECTION II. Resolution No. 5016-23 is reaffirmed in all other respects and will continue in full force and effect according to its terms. 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. Sharon McBride, Council President South Bend Common Council Attest: Bianca Tirado, 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 2024, at o'clock .m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2024,at o'clock m. James Mueller, Mayor City of South Bend Filed in Clerk's Office CITY OF SOUTH BEND MAR 2 fl 2024 FF.A`F. Bianca TiracicCOMMUNITYINVESTMENTCityClerk, caTir cio INMR 1K1\;l April 19, 2023 Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, Indiana 46601 RE: Confirming Resolution: Residential Real Property Tax Abatement Petition for Cross Community, Inc. Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to a residential real property tax abatement petition submitted by Cross Community, Inc., an Indiana Nonprofit Corporation. This petition package includes: Department of Community Investment's summary report Petition for abatement Statement of Benefits forms (SB-1 / Real Property) Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner plans to build two new houses on vacant lots Harrison Avenue,just north of Lincoln Way West, with an estimated construction cost of$440,000. The project meets the requirements established by Sections 2-77 et seq. and would qualify for a five-year (5) residential real property tax abatement. Representatives from Cross Community, Inc., will be available to meet with the Committee on Monday, April 24, 2023. If you or any of the other Council members have questions concerning the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p 574.235.9371 www.southbendin.gov Filed in Clerk's Office TAX ABATEMENT REPORT MAR 2 0 2024 TO: South Bend Common Council Bianca Tiracio City Clerk, South Build, IN FROM: Erik Glavich, Director, Growth and Opportunity SUBJECT: Residential Real Property Tax Abatement Petition for Cross Community, Inc. DATE: April 19, 2023 On March 30, 2023, a tax abatement petition for Cross Community, Inc., was filed with the Office of the City Clerk. The petition seeks consideration for a residential development real property tax abatement for the completion of two new 2-story homes that will range from 1,400 to 1,600 square feet. These new houses will be sold to first time homebuyers who have participated in financial/credit building workshops. Pursuant to Chapter 2, Article 6, Section 2-84.9 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 or a Residentially Distressed Area pursuant to Indiana Code 6 1.1-12.1 and all zoning requirements have been met. The Department of Community Investment has reviewed the petitions (a copy of which each is attached), investigated the area, and makes the following report. Project Summary The petitioner, Cross Community, Inc., plans to build two new single-family houses at 724 and 726 Harrison Ave. These new houses will range from 1,400 to 1,600 square feet and will feature 3 bedrooms, 2.5 bathrooms, and a finished basement. The intended occupants will be first time homebuyers who have participated in financial/credit building workshops. The petitioner is investing a total of$440,000 to develop these two new houses. These houses will be built in two empty lots where former houses had been torn down. The lots had become abandoned, vacant, and blighted. Tax Estimates The petitioner qualifies for a five-year(5) residential real property tax abatement. Current taxes for 2022: $86 Total estimated taxes during the five-year (5) abatement period: $21,303 Estimated taxes being abated during the abatement period: $17,978 Estimated total taxes to be paid during the abatement period: $3,325 Employment Impact There are no employees of Cross Community, Inc. For the development of the two houses, Cross Community, Inc., intends to employ local companies, require employees versus independent contractors, and require a prevailing wage, health benefits, and an affirmative action plan. Abatement Qualification 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or is associated with any prior abatements: 2. The property is properly zoned for the proposed project. 3. Taxes on the property have been paid in full. 4. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Tax Incremental Financing (TIF) area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a five-year(5) residential real property tax abatement under section 2-77.1, Single Family Residential Construction. Filed in Clerk's Office MAR 2 n 2024 ai ,ic.• rr.io4CityClerk, South bond, IN 2 5-Year Abatement March 30,2023 Cross Community Inc. South Bend Portage Township Residential Real Property Tax Abatement Schedule* Type of Dwelling: Single-Family Home 2 homes- Estimated Project Cost: $ 440,000 New Construction Property Address: 724&726 Harrison Avenue Tax Key Number: 71-08-02-407-013.000-026;71-08-02-407-012.000-026 Current Without 2 Properties) Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Assessed Value(AV) Land 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 Structure(80%AV of Project Cost) 352,000 352,000 352,000 352,000 352,000 352,000 Gross Assessed Value 6,000 358,000 358,000 358,000 358,000 358,000 358,000 Abatement 100%100% 95% 95% 90% Abatement Deduction 164,300) (164,300) (156,085) (156,085) (147,870) Homestead Deduction** 96,000) (96,000) (96,000) (96,000) (96,000) (96,000) Mortgage Deduction** Supplemental Homestead Deduction 91,700) (91,700) (91,700) (91,700) (91,700) (91,700) Net Assessed Value 6,000 170,300 6,000 6,000 14,215 14,215 22,430 Property Taxes Assume constant tax rate of 5.2897% Y1 Gross Tax(Tax Rate x Net AV) 317 9,008 317 317 752 752 1,186 0 Circuit Breaker&Other Credits 113) (4,748) d Taxes Due 204 $ 4,261 $ 317 $ 317 $ 752 $ 752 $ 1,186 CD W ? 5' 3% 1% 1% 1% 1% 1% 1% 0 Circuit Breaker Cap 180 3,580 3,580 3,580 3,580 3,580 3,580 0 W N..., ( D Debt Service(0.3997%of Net AV) 24 681 24 24 57 57 90 C__I o - Max Tax Under the Cap 204 4,261 3,604 3,604 3,637 3,637 3,670 E, N 7, CJO .c Current Taxes New Combined Net Taxes CYearAbatement Due Projected Tax NewrentTaxes Taxes Abated Paid Z 1 100% $ 204 S 4,057 $ 4,261 $ (3,943) $ 317 Ci. 2 100% 204 4,057 4,261 3,943) 317 3 95% 204 4,057 4,261 3,509) 752 4 95% 204 4,057 4,261 3,509) 752 5 90% 204 4,057 4,261 3,074)1,186 Total: 1,020 20,284 21,303 (17,978)3,325 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2022 Payable 2023. Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates.City of South Bend Changes to homestead and mortgage deductions took affect for tax year 2023. MAR G 2023 City of South Bend cnY a Petition for Incentives the AEND IN Pabftion mull bald,a$230l o leer Pal**to the City awes oprce property or personaleroap tyleg. property befo!e processing can be cambia*fw whkh you re PPtying. General Information Project Name I I Project NumberlaptWoeasregisteredielth Secretary orState Cross Community Inc. au>rmr per. CDC-Domestic Nonprofit Corporation Company 1eebeM https://mycrosscommunity.org/ Proposed Project Information erovo..d waled eadf e`t 724&726 Harrison Aveoty Pawn Company name State,ap South Bend,IN 46616 Leal owner Cross Community Inc.Sit.a m.a rouge requtad 0.34 eeemr at mat•owned Owned Sgt.re feet or facility WA 11 lashed.by wMm7 Prim ry-co'r tact lnfoi itIon"`*" Primary oomipa°y contact rams Tina Patton Tile President Addnrce of company contact 707 Sherman Ave one 574-876-2106 Siam Zip I South Bend,IN 46616 Email Impatton2©comcast.n et Se1tlafOfikial tnformlttoit y ' Company senior onldel name Same as above Tb' Address of company contact PI afferent from above)Phone City,Stets.lip mall Cons@@Alt infa rmat)on/Agent Hind buaMau mntuitant/egurt name Consorter t reieera?rY/nit Addntea Lae I economic devote mew preen approval?(VM) cry,state,Zit Email Project Overview Brief description of your compan1,.11110111..r111 $le,. We will building two (2) new two-story homes that in general will be economic growth between 1390-1620 sqft with 3 bedrooms, 2.5 bathrooms, with a finished basement. The homes will be sold to first time homeowners who have participated in financial/credit building workshops. Certified Technology Pal appropriate N/A lathe project In rip locnensrnat Reaming- UT0)area?Ni.,which? River West Na...building Prmtha been leaned (y/N) l,t Number of residential untie created byNotrNoteligibleforabetmentitYetiVMores 2 if the Is a petition for pereoaet property Om abaterttent,Pan the wbmant been hrdead7 N/A Investtitent Details Piddle Inhs a aeneeds Net any Ne bus,. Met u thereto'et Ivry oedema&betegeurdtasedIn Whet NtMveleeetow equipment WogWHIMofprotectInMillar.)remelted? debris ter the preAd? purchased brew,our elation eer tire protect? 45-60k r Filed in Clerk's Office MAR 2 n 2024 City Clerk,i( S%uu)'OUIK A, IN pled,` Office MAR 3 G 2023 r I New Prole Investments DAWN M CatendarYear 2022 2023 2024 2025 K,280UJeWrik 21 9 land Acquisition D 'N BulIQing Lease Payments Sul klieg Purdbase Costs New Building Construction S 440.000.00 Existing Building Improvements New Machinery&Equipment Special toeing/Retooling New Fumtture/Fbnures New Computar/rr Hardware New Software On-ete Red Infrastructure On•sfte Fiber Infrastructure TOTAL 0.00 $440.000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Hourty Cumulative tl of net rit:w full time Hourly gytragt wage,w/o Total training Total a to be permanent Mistreated ro wage w o J P )act benefits or bonuses,of expenditure- trained-not benefits or cumulative net new Jobs not cumulative bonuses cumulative 2023 2024 2023 2026 2027 ooze 202.9 2030 I031 2032 2033 2034 Provide hourly wage Information for new employees in the following positions. Full dine Part time Laborers Technical Managerial Administrative Who wIU be the indMrkul respotnlb2e for coordinating with WorkOn on recruiting? Dots your company have an EEO Miring policy?Are you an EEO empbyeri Please list the number of full time and part time minority and/or female Please describe your commitment to employees for the following years: diversity and Indualon by detailing your 2022 outreach and recrultmemefforts tor the tanYear 2023 2022 three yearn as well as current poRWs. Full Time Part Time Full Time art Tine Full Time Part time Such H4pank Asian Indian Female Otter Filed in C!F,r! h1AH 2 Il guns;t City Clerk, Suui.i i ERA Id, IN r--- - Filed it C!ark,s Office MAR 3 G 202c.Aow— Complete below for Real or Personal Property Tax Abatem CI..ERK,SOUTH B Please sign for all requested Incentives. 61V' IN Public Benefit Item: Information Is required on both the construction companies and the t companies which will provide materials purchased for this project. Please complete the table below with the appropriate Information. If Quality Yes or No) Earned Points Available Points you qualify for the points,please enter the full amount of available points. 1 Cr_m ruction Related fContructort A. Employ Local Companies(75%) Y 20 20 B. Purchase Materials from Local Companies(75%) Y 20 20 C. Require Employees vs.independent Contractors Y 19 19 D. Require Prevailing Wage(Davis Bacon) Y 22 22 E. Require Health Benefits Y 22 22 F. Require Retirement Benefits N 0 18 G. Maintain Affirmative Action Plan Y 20 20 Sub-total Construction Related: 123 141 2 Wage Si Benefit Related(Owner): A. Pay Target Wage Levels N 33 B. Provide Health Benefits N 34 C. Provide Retirement Benefits N 29 D. Provide Training N 28 E. Provide Child Care N 15 F. Provide Transportation Assistance N 14 G. Provide Employer Assisted Housing program N 9 Sub-total Wage&Benefit Related: 0 162 3 W kfoorrce Related A. Create New lobs N 42 B. Retain Existing Jobs N 41 C. Maintain Affirmative Action Plan N 35 D. Provide Targeted Hiring Preference N 34 Sub-total Workforce Related: 0 152 4 Support a Municipal Fadity: Support a SR Municipal Facility(donations to the A. zoo,conservatory,museum,etc.) N 84 Name of Facility I 15ub-total Municipal Fadltty: a 84 Sub-toll from Above: 123 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to l.C.,6-1.1-12.1-1,et seq.,andSouthBedMunicipalCode rgo„for this petition state the above. Submitted By: jA r Date: March 30,2023 j ,P€:4 in- dierk s Office MAR 2 0 2024 Bianca Tirado City Clerk, South Bend, IN Filed ir, C er 'k s Mice LMAR 3 G 2023 QAwn,4-For Staff Use Only Below This Line Cal Y ciEAf( S JONIzSA1D INA' What b Ma current aureate reline?Real Property ( l; 3OOJ4/0 o Personal Property: E,r What in the projected auaseed value? eaal Property Iq.s :A3,5-4 Personal Property: What Is the to key number for tide project? G 71 og-o2—yo7 -6/3. aoo zbWhatistheitSiftPUlCScoda? 7/—o 8 -6 Z-5/o 7 no/.2 .0630—C"U 2/p Please attach a Goalie map and street slaw of the real tlo t. Please led the amount of rest and personal property titan Beal Pro/arty Taxes;Poaoeat Property Taxes:paid for Use last Rye wen when applicable. Year Om ZDZZ 55 7a / Year Two Zr b /(O Year'three 24, O / 4,2•" Year Pour ICJ Year Floe 249 i p' 0 / 8 3.5-7 Please fill out else following Public Benet Summary Information and add to total from above. IY Or NI P41Its Points Public Benefit Item: Protect Related; 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 Sub-total Protect Related; 120 6 super Size Prolstts Ipolnt wedge,Pre cumulative); A. 100%to 199% 25 B. 200%to 299% 68 C. 300%to 399% 65 D. 400%and Over 52 Sub-total Super Site ProJacts: 210 7 PaY for Municipal infrastructure: 7'J} A. Pay for Overstting or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 G Pay for 51.75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Rebated; 131 Total from Applicant Section: 539 Total from Staff Section: 461 Total Public benefit Po tote: 1000 Filed in Clerk's Office MAR 2 0 2024 Bianca TiractoCityClerkSouthBend, IN Filed in erk's Office 011:0 MAR 3. Department of L. 4 C CITyCoj}1/ommunity Investment LERK o_,NES., IN RESIDENTIAL TAX ABATEMENT (PETITION ADDENDUM) 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 seq., for this petition, state the following: 1 Legal Name of Petitioner same as top of page 1 of petition) Cross Community Inc. ProiectTitie -- -- Project Address 724 & 726 Harrison Ave Project City,State,ZIP South Bend, IN 46616 Describe the proposed construction We will building Two (2)new two-story homes that inproject. Include information about general will be between 1390-1620 soft with 3squarefootage, number of rooms, bedrooms, 2.5 bathrooms, with a finished basement.number of stories, other amenities such as finished basements and garages, the amount of land to be used, and the proposed use of the Improvements. Also provide a general statement as to the importance of the project use an additional sheet for long project descriptions If necessary). rEstimate the dollar value of the construction project. 440 000Donotincludelandcost.) Filed in Clerk's Office MAR 2 n 2024 Bianca Thad() City Clerk,South Dunu', IN A%i\ A 4,p 3G wee RESIDENTIAL TAX ABATEMENT (PETITION ADDS F%i;N, ?0?3 For the real property or properties for which tax abatement consideration is petitioned, provide U7 ISinformationbelowontheindividual(s)or corporation(s)who own or will own the properties. If the eOw,business organization is publicly held, also indicate the name of the corporate parent, if any, and the A, name under which the corporation has filed with the Securities and Exchange Commission. Also, describe the owner's interest in the property. List out each residential property which could receive an abatement. If you need additional rows,then make additional copies of this page or attach a similar document to this petition addendum. Address Current Owner(s) Future Owner(s) Owner's Interest 724 Harrison Cross Community Inc. 726 Harrison Cross Community Inc. L Filed in Clerk's Ci(1c;2 MAR 2 0 2024 Cityn r;1rjr,ClerkBia, SocauIth L3uni.1, '",1 RESIDENTIAL TAX ABATEMENT (PETITION ADDE 6 - H„,".- er4>,..,, aC? U?,J Provide the commonly known addresses and tax key number of the property or properties. The i will start with"71"(e.g., 71-08-12-152-005.000-026)and typically has 18 numbers separated by dashes S dot.Also provide the current assessed value(s). NO List out each residential property as you did on the previous page.If you need additional rows,then make additional copies of this page or attach a similar document to this petition addendum. Estimated MarketAddressTaxKeyNumberCurrentAssessedfValueAfterProjectValue Completion4-724 Hanson 71-08-02-407-013.000-026 $ 2,600 245,000 726 Harrison 71-08-02-407-012.000-026 $ 3,400 245,000 L List the real property taxes paid at the location(s)during the previous two calendar years, whether paid by the current owner or a previous owner. Provide the year(e.g., 2022) and the amount of total taxes paid.(Note that if a property's taxes are past due, then that property is ineligible to receive a itax abatement.) If you need additional rows, then make additional copies of this page or attach a similar document to this petition addendum. Tax Key Number Year 1 Year 1 $Taxes Paid Year 2 Year 2$Taxes Paid 71-08-02-407-013.000-026 2022 85.70 2021 i $ 0.00 71-08-02-407-012.000-026 2022 0.00 2021 0.00 I 1 - rCheck box to confirm that building permits HAVE NOT been Issued for any of the propertles. 3 Filed in Clerk's G(i;: ii R 2 0 202/i Bianca Tir( 2- 1BCityClerk, South Bona IN 4,... V O RESIDENTIAL TAX ABATEMENT (PETITION ADDEND M) 'Zi;p Describe and list other anticipated City Housing Subsidy Program, City Sew: -Lci U".i e 1 public financing for the project, Reimbursement, and City Sidewalk Repair Pr:-11 or already authorized assistanceincludinganysoughtp through the y U.S. Department of Housing Urban ryeDevelopment (HUD), the City of N South Bend, the South Bend Housing Authority, the Housing Assistance Office, the St. Joseph County Housing Consortium, or other entity providing financial assistance. Do not limit your response to public works improvements only.). Describe how the property has Lack of investments in the neighborhood, maintenancebecomeundesirablefororimpossibletotheprevioushomeledtoitbeingdemolishedleavingofnormaldevelopmentbecauseofathelotstobecomeabandoned,vacant and blightedlackofdevelopment,cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property. Provide the current use and zoning for each property.p rop rty. (Zoning information, including the zoning map,can be found here. if you need to add additional properties, you can add rows to the table below, use the space below the table, or use an additional sheet. Address or Current UseTaxKeyNumber Zone 724 Harrison Vacant U2 726 Harrison Vacant U2 Filed in Clerk's Cice 4 MAR 202024 Bianca TiradoCityClerk, South Build,Iv fieof RESIDENTIAL TAX ABATEMENT (PETITION ADD' DU ) '4p . e ITndicate the Tax IIncrementalFinancingElRiverWestSouthSide D West , .'!area In which the properties are located. 6 Click here to view the n River East n Douglas Road n Not in a TIF AreaTIFboundaries. WHEREFORE, Petitioner has paid the required fee of$150.00 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 residentiallydistressedareahavebeenmetandconfirmsuchresolution. The Petitioner agrees to provide the staff of the Department of Community Investment upon request information related to the project, Including but not limited to a legal description of each property, a mapand/or plat indicating the location of each property, and photographs of each property that are accurate representations of each property's condition at the time of this petition is filed. Submitted by:L 7 /t 'L Signature Tina M. Patton Printed Name President Title 3/30/2023 Date 5 riled in Cle 20 „ • City Clerk So fir cj0 h 13eriU IN Filed in Clerk's Office I a STATEMENT OF BENEFITS MAR 3 L 2023 2023 PAY 20244-' 1 REAL ESTATE IMPROVEMENTS Slate Form 51707(R7/1-21) DAWN M.JONES FORM SB-1 I Real Property4.. Prescribed by the Department of Local Government Finalccrry CLERK,SOUTH BEND,IN PRIVACY NOTICEThisstatementisbeingcompletedforrealpropertythatqualifiesunderthefollowingIndianaCode(check one box): Any Information concerning the costORedevelopmentorrehabilitationofrealestateImprovements(IC 6 1.1-12.1-0) of the property and specNic safeties El Residentially distressed area(IC 6-1.1-12.1-4.1)paid to individual employees by the merry owrwr Is conrrdonbel per INSTRUCTIONS: PC t. -12.1-b.1. 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requiresinformationfromtheapplicantinmakingitsdecisionaboutwhethertodesignateanEconomicRevitalizationArea. 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. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the Initiation oftheredevelopmentorrehabilitationforwhichthepersondesirestoclaimadeduction, 3. To obtain a deduction,a Form 322/RE must be filed with the county auditor before May 10 in the year In which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed to the property owner If it was mailed after April 10. A property owner whofailedtofileadeductionapplicationwithintheproscribeddeadlinemayfileonapplicationbetweenJanuary1andMay10ofasubsequentyear.4. A property owner who Ales for the deduction must provide the county auditor and designating body with a Form CF-1/Roal Property The Form CF-1/ReelPropertyshouldbeattachedtotheForm3224REwhenthedeductionisfirstclaimedendthenupdatedannuallyforeachyearthedeductionIsapplicable.IC 6-1.1-12.1-5.1(b) 5. For a Form S8-1/Real Property that Is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Reef Property trial is approved prior to July 1, 2013,the abatement schedule approved by the designating bodyremainsineffect. IC 6-1.1-12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayer Cross Community Inc. Address of taxpayer NumberandStreet: 707 Sherman Ave Coy South Bend Slate: IN Zip, 46616 Name at concoct person Telephone number E-mail addresa First Name-.Tina LastNamt Patton 574)876-2106 tmpatton2i comcast.net SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution numberCommonCounciloftheCityofSouthBend Exalter of property County DLGF taxing district numberNabrn, ,ed street 724 Harrison Avenue city South Bend Stun IN yip.46616 St. Joseph 026(South Bend Portage) Description of real property Improvements,redevelopment,or rehabilitation(use additional sheets II necessary) Estimated start date(month,day.year) We will building 2 new homes that in general will be between 1390-1620 sqft. The homes will 5/1/2023 be sold to first time homeowners who have participated in financial/credit building workshops. Esteemed completion date(month,day,year) 12/1/2023 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT current Number Salaries Number Retained Sa4tdes Number Additional Sala des SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS Cunene-values COST ASSESSED VALUE 2.600 Plus estimated values of proposed project 220,000 S 242.400 Less values of any property being replaced Net estimated values upon completion of project S 220,000 245,000 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds)Estimated hazardous waste converted(pounds) Other benefits The homes will be sold to first time homeowners who have participated in financial/credit building workshops. SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this stateme t are true. Signature of authorized reprnsentallve Date signed(month.day year) 3/30/2023 Printed name of authorized ropresentatee Title Tina M. Patton I President Page 1of2 Filed in Clerk's c- ;.fix: l(' 2 O Lfl _'i Bianca Timriti City Clerk, South Liuhtl, IN FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passedunderIC6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of lime not to exceed calendar years'(see below). The date this designation expires is NOTE:This question addresses whether the resolution contains en expiration date for the designated area. B. The type of deduction that is allowed in the designated area Is limited to: 1.Redevelopment or rehabittalion of real estate improvements Yes No 2.Residentially distressed areas ID Yes No C. The amount of the deduction applicable is limited b$- D. Other limitations or conditions(specify) E. Number of years allowed: Year 1 Year 2 O Year 3 Year 4 Year 5 ('see below) Year 6 EJ 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 6-1.1-12.1-17?Yes No If yes,attach a copy of the abatement schedule to this fomt. 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 havedeterminedthatthetotalityofbenefitsIssufficienttojustifythedeductiondescribedabove. Approved(signature and tale of authorized member of designating body) Telephone number Data sIgned(month.day,year) Printed name of aulhortrod member of designating body Name of designating body Attested by(signature end age of attester) Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit 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 fC 6-1.1-12.1-17. A For residentially distressed areas where the Form SB-1/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(5)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, Except as provided in IC 6-1.1-12.1-18,thedeductionperiodmaynotexceedten(10)years. (See IC 6-1.1-12.1.17 below.) B For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect.For a Form S8.1/Real Property that is approved after June 30,2013,the designatingbodyisrequiredtoestablishanabatementscheduleforeachdeductionallowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules See.17.(a)A designating body may provide to a business that is established In or relocated to a revitalization area and that receives a deduction undersection4or4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayers Investment In real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compered to the state minimum wage. 4) The Infrastructure requirements for the taxpayers Investment. b)This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year ofthededuction. Except as provided In IC 6-1.1-12.1-18,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 underthetermsoftheresolutionapprovingthetaxpayersstatementofbenefits. F eaG> Cior" 0 c/ • q` C ice Filed in Clerk s Office YC46. - 'M J\ el MAR 2 0 2024 s°QS Bianca Tirafiff City Clerk, South Bunk rN2 Piled in Clerk S OM tree Rw, MAR d, ;, ! NTS rm 517e7(R7!1-21) CLERK JONES FORM 8B-1/Real PropertyPrescribedbytheDepartmentofLocalGovernmentFinanceITNBFNPRIVACYNOTICEThisstatementinbeingcompletedforrealpropertythatqualifiesunderthefollowingIndianaCode(chat Any Information concerning the cost2RedevelopmentorrehabilitationofrealestateImprovements(IC 6-1.1-12.1-4) of the property end specific eater es2Residentiallydistressedarea(IC 6-1.1.12.1-4.1)paid to in wrier I employees i p the Property awrar Is conflden0ol perINSTRUCTIONS: C t. tz.t-s t. 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public heenng if the designating body requiresinformationfromtheapplicantinmakingitsdecisionaboutwhethertodesignateanEconomicRevitalizationArea. Otherwise,this statement must besubmittedtothedesignatingbodyBEFOREtheredevelopmentorrehabilitationofrealpropertyforwhichthepersonwishestoclaimadeduction.2 The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the Initiation oftheredevelopmentorrehabilitationforwhichthepersondesirestoclaimadeduction. 3 To obtain a deduction,a Form 322/RE must be tiled with the county auditor before May 10 In the year In which the addition to assessed valuation Is made or not later than thirty(30)days after the assessment notice is malted to the property owner If it was mailed after April 10. A property owner whofailedtofileadeductionapplicationwithintheprescribeddeadlinemayfileenapplicationbetweenJanuary1andMay10ofasubsequentyear.4. A property owner who files for the deduction must provide the county auditor and designating body with a Form CF-1/Rea!Property. The Form CF-1/RoesPropertyshouldbeattachedtotheForm322/RE when the deduction is first claimed and then updated annualty for each year the deduction is applicable.IC 6-1.1-12.1-5.1(b) 5. For a Form SB-1/Rea!Property that is approved after June 30, 2013, the designating body Is required to establish an abatement schedule for eachdeductionallowed. For a Form SB-1/Reel Property that is approved prior to July f, 2013, the abatement schedule approved by the designating bodyremainsineffect. IC 6-1.1-12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayer Cross Community Inc. Address of taxpayer Number and Street 707 Sherman Ave City South Bend 54tr IN ZIP: 46616 Nero of contact person Telephone number 1 E-mail addressPintNameTinaLitNam- Patton 574) 876-2106 tmpatton2acomeast.net SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECTNemoofdesignatingbody Resolution numberCommonCounciloftheCityofSouthBend Location of Property Co,rnty DLGF taxing district numberNumbtraadStreet726HarrisonAvenuenitt,. South Band Safe, IN zip,46616 St. Joseph 026(South Bend-Portage) Deecrptlon of real property improvements,redevelopment,or rehabilitation(use additional sheets If necessary) Estimated start date(month.day yew)We will building 2 new homes that in general will be between 1390-1620 sqft.The homes will 5/1/2023 be sold to first time homeowners who have participated in financial/credit building workshops. Estimated mmpietion date(month day.year) 12/1/2023 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current Number Salaries Number Retained Salaries Number Additional Salaries SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values S 3,400 Plus estimated values of proposed project 220,000 S 241,600 Less values of any property being replaced Net estimated values upon completion of project 220,000 245,000 SECTION 5 WASTE CONVLRTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds)Estimated hazardous waste converted(pounds) Other benefits The homes will be sold to first time homeowners who have participated in financial/credit building workshops. SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations In this statement are true. Signature of authorized representative Date signed(month,day,year) 3/30/2023 Printed name of authorized representative Tina M. Patton I° President Page 1 of 2 Filed in Clerk's Offir.? 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CO W 0 0 1 1-- 441111_,Lire dr ANEW&Adr , I 1\ II . i I L ,krAgEN111All'-.1-_-_. i go. 40411 NI I mmisik, iMii miiii liagemmilt 0111111111.q 4171. 1111111114111Willi. rill -: i ailimIllmiPi•I j lilt in At 1,„,$ •:. A 7-1*• \ \ A I f : Nt• t ...... h. f ,a • x ii,' I ,2 t. • ,s. it t*-11 1.2. k. f , View of 726 Harrison from the street facing east. r,l r !a':' h 4 View of 724 Harrison from the street facing east. r ri Filed in Clerk's Office 2 0 Bianca Tiracio City Clerk, South C3uiui, IN MODEL BUILDING TYPE: Z LLI a Harrison Street G n _ CD LA - n DESCRIPTION: jc al r;:+ n UNIT CONFIGURATION: 3 BED/2.5 BATH cn n N UNIT SIZE: 1,618 SQ.FT.(FINISH GROSS) O © CD BUILDING HEIGHT: 2 STORIES+BASEMENT 0 I V7 0 SHEET INDEX Co a „loE.,,. N awRaoff,.,RER EXTEN.ORCE.,.,E.ENA,.a.rnR,1 W APPLICABLE O CODES— — Na STANDARDS aRRK a.,. 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INFORMATION R LIE ANNIE 1.411 ORDEN PPE RATE.LS NECESSER'I TPE APPLICABLE WEL ASSELINE.IDED MEET AU WEIN.CODE BARRER OvER 2E5 ES POAEL TIACKENED SLAB UNDER INTERIOR RREEND TO ORDERING MATEEDL 5 OR STARTING COMER.LETION " 4"°".""s' '''''' ''''' ''''" 10- PROVIDE 15000 BLOCI.ND MANE OVI.N.51 NALL BOARD AT KL EINOPAILE CARPETS GRAN ECEIREMEYTE WY,MO STRUM..CCLUMMS. Wa NFE„M R NW,uRaN, 5 DIE LC41 TD,.SERVICE TOT«. RJ..R„ REEPE 5w.RENNa, aRO aa.,.wR.aER G-0.01« . R. L., « aDOR y vnmatouvrinos L.- CIN38 Hinos G somaire 1 °ill§-11;;1 "IS 7 10 ALI) N,110. am ON39 FliflOS 3SnOH ANO1S Z kLINIMII/400 SSONO L iig Pg 4`.0 I- P4Li, i•O Jts 7 1 Atilli Illge 11 ih e . 8 0® En I A.- 0 lii W11110111 1 0 tEl g li fi,d id 6f IL Hil glP I,-— ,i'• it. 13V.134 . WRAF leas AIM iW Filedin: 2 n 22 Clerk's 04 t Vice rii Bianca TIr;k1(1 g 5 City Clerk, South Bc, .1, IN 0 • Z L1.1 1 I— D 0 in 49.:-. -- BV-, UT ll tee II 0ri I 0 CC witibrifillINIM-1 Yu...BOX ism - I IIII, ...miaow cc 4. 4. 11E.Q.MI Ana=ts SW vr': 7.;MI 0! I1 I— _,A, I BOLL WWI.' El Lo..cn0 0.7 .. " -11112 III pp 43,_ •;maw I01RAGFBIF1E/ .1F.11.01.1 a _...,r=.--'cs A II C P al .11LOSSEE0II° igEfe r=LU 1401=`.,"_---.4-1--;• mooMIMI 2 . cNi '_.-.• 1111111111111 c.,,TE r, 2 e Min I 1/4 LEVEL........ I 11.1.1 IJ1212. IIIIMPI WWI gfais20,10. 0 ilie= M ce. W., IM212.1392M I I Fri wo Il110tI:IL__ L=_....____ r• 00.1..2022 ll .E' E-E-0. ,... <> ....II IIII II 1.11.11 1 L 1 z.................s,............ Eard1Wrat;I Filed in Clerk's Office MU omacaso a,moss sam4=-- M... MR FLOOR PLANS 5.IS- A-1.02 011PROPOSED FLOOR PLAN-BASEMENT LEVEL 02 I MAIN LEVEL PLAN 1/4.E IV' 03'UPPER LEVEL PLAN Filed in Clerk's Office 2 0 202,',. Lu r: scacztitr iri-odoutio, IN ca City Cleeriak c 0 ti) M. OUT,. r'''''LMI EL1111111 41711. il—Wan 111111119—'—EllQillIIRC= L.... . im am I o 1 11,• Lliall t9m0g _, 1 A irtft, 0 II i 0 1111.1A1JE'-----H-Mli° nth_ 2iiiIMMI • o CaNitig. 1 C) SI' ' gal r,f4 ---11 iligNNIM •".• I EMMIMEM111: MOM 91 ci--Hii2 '15 III 4 I i i.,.. gl,„44k mi. - -Now/ cn Imo 0 liff iissmIl 4\ Y • 11 M.w 1 00102022EMBEDI11v1EDEEttPRICINGSET 1 LIGHTINGLEGEND e•effirrtgAvq::. OCV, Lr,r L E,VNTERRIPEN••T IMN"MINN GAN NVAGEN ROOF PLAN MO110"N/ LIGHTING PL.& VENT zr A-1.03 011800F PLAN Inv.14 02IIAECHANIGL PLAN PLAGEHOLDER CS WAIN LEVEL ELECTRICAL PLAN 1/0"*1,0" 041OPPER LEVEL ELECTRICAL PLAN lir=1v1P Filed in Clerk's Office TT VT i 21s. ER I I fr re i.'.;:'1. ? ! 1 1_fl7_4 ae. I I f Iw,6T.R Z 1.1104.1111 \ I I iil:nc: .. II: W I I 0 d y Clt: m I I 6e Ro f- L.TAI 0R•4el r--_V-- I I I NMI SONG mm o I I SEE I:. itt !oNA6l f66 Im:olo".I I I I u A RT d.._,,, E R E . I I 7;P.:0E COATED LOWN1I0111111.0.1 WALLS I I D II I I I I o I a°untmR I .6. I U) o In s fz 0ff-Ot IFRONT ELEVATION Ile=,a 021RIGHT ELE VATION 1IC=,'-0' W 2 N r,,cW,EAr µrvR - SNIN'i 66 TNT O co co Iy e, L--J Ff1,1,5I EA6 PRICING SET VINYL 51dv6.Tw.- y W.A m. T.mEmu I, la..wu ee.o mm. EXTERIORELEVATIONS E6TN4101 I >as< I LARFA OF aTERIMR I e%Si I A-2.01 03'REAR ELEVATION Ile'=1'd' MILEFT ELEVATION Ile=1'1T 9. $ 1— - bw id o- II- e I if SfOLiITgCb 9 g I I bf 5 3 e; 9 His: 7{s 'a x;gyp' ,,1g i 4- En : 4 1_,.11 4'ri 1 — 1 ! Ai Z -„ 14 i 4 4 i • 4 1 4 H CD g Q Fr al v if II I)) N 0 u 494 919? j f( w G V/ J a 3 b Ep" ill 3P«J O 04 ?999 a 0 J '4 J I CD m , x _ 44 9 9 9 1 0 1 C R 9 9 9 1 I I f e i a € a a H 1 gs s; NSF 6 d Is@;a Fy 9 CROSS COMMUNITY 2 STORY HOUSE n;k 4.1 C ll 1 11,I } 41 SOUTH BEND MODEL i r r BUI DINGS p$2 1f ni;ig;ai 4i i BED SOUTH BEND 1 ili 01 a 4' SOUTFF9E RADIANA 0 Filed in Clerk's Office z• 0,--. 1.1.1 RARE.SlAUCT.0. t: P E.. WEI.WEECM MAR 2 0 2024 pp...,101. 911.1.Cll.. I a CESCREECAC 81......... A A 1.T.1 C..Bianca Tirado City Clerk, South Bend, IN ----- A i. 1. 1.L1..1..M1..1 V..,E6. 1 O31. B1. R C.cE.1m. ED G,E 4 iti iwIfl M.IyNjEiMEIc11\130..0 . E; F15.1N0. Y. R 111iAEPP.. r1E1.:LLP.A C.: E11. 1.4N,1u1f1Hl. er•. c• 7.../ 1.'... 4•,. 1 e... L I 11. D0r) A At 111. PAM.A BO EL CH..REL.11. c. nuts I Rua somins T. mr,..":111Cro.79 irE:DES:=. I I A - 1,11.1111...HEAL1Irr=021FRONT PORCH-EAVE DETAIL WU) VICCO TREMOR..1119 1.. rx 0 111.0.1.4 7cftrr"-C D 1.s.,,,..-”....c.0....01 c.o. 11 2 l'a iii 4 EDECAL. Ell ill.... ..PEPPEP.......P. 11111 0308 5 C0.1.0.10. 7' 1111 CO Cµ117787 ii I.E..AMP PROP ' ._ I HA,TO.6.010011 Ar" 1 A W.. 11....POICH. 4P A/ii I.. 1 Nt...._." Ami ..., .."..........-,,,....4 0 ICP Of cravo PA.9. 0 A.E.•EC OPE IHIEAWAYFORWATER A OPP BO PAECE OM.. i C... IX 1.CONCRETE 3.0 A ZEE 1.1.141.1. ELL P., IE.OR...M. 171..1.001 TO MT. Yi VOIT 11.11PLCUc Li Ir' I—' a 4,so06.115.2022 PRICING SET i ! CEI WINDON..AIAB11/2.1,IT0311.1AIN ROOF•EAVE DETAIL FiLent=4“.7, 01IFRONT PORCH SECTION Am 7 OVA 110.11...1... 11.11.1. VA 0.1.11101111.E. ALIA.. I 717.7C71 TRW Px..:7. EWE.AS 0 •I''..0,..0'..10,-........0r0ePP. Fm a416.7. 1.2k1Z—t•fir_,to----wropti.,-- ;:r----- 11.....:_i=„7._11 NC...ta s. RA t TP EXTERIOR DETALS RE...TA dife• ELEVATION OPTION AI P I es A-4.01 061 1,0.WINDOW SILL C. South Bend Neighborhood Infill I Narrow House (3-bedroom) f i_ r I 1 II The Narrow House II I s I I u n) l The 3-bedroom version of the Narrow House provides an efficient.yet comfortable detached.fee-simple option r II! stinny inaliRvnoptioner1-story rear mo_ICll I I I III E addition accommodates a ground floor master suite.This IIIIIII IIIIIP!Ul extension could also be modified into a one-car garage,g?'= —s?' r office/workshop,or attached ancillary dwelling unit. oNr ,I a o. T. • 'It, Building Type Overview Building Dimensions M.5Tere Building Height 2 story K a-5. Building Width 20' Building Depth (incl.porch) 51' Program I ir! Unit Configuration 3 bed/2.5 bath CdO Unit Size(finished gross) 1,390 sq.ft. 1 O I O'x 9'-0. BEDROOM A. 1 I I•=a'z 9•.o• Basement(unfinished) 830 sq,ft. f I ti Porch(unconditioned) 136 sq.ft. F_ 1st Floor 830 sq.ft. O 2nd Floor 560 sq.ft. Lot standards DINING/LNING - Lot Width(mint 30 s-a x 1A-o Lot Width(max.) 60' F"^ Cost AssumptionsIq.x ou Preliminary Construction $220,000- ZONING DISTRICTS ALLOWED Estimates'270,000 m m m m i i OM '1•11 NM ale IMINI INA Financing Options 30-yr mortgage 20'-0' M • • A Filed in Clerk's Offtir:: MAX 2 0 2024 Bianca Tirado City Clerk, South Bend, IN Filed in Clerk's Office MAR 2 n 2024 Bianca TinciMEMORANDUMOFAGREEMENTCityClerk, south f3uru; IN SINGLE-FAMILY RESIDENTIAL REAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement (Agreement) dated as of March 18, 2024, serves as confirmation of a commitment by Cross Community, Inc. (the "Applicant") to comply with the project description contained in its petition, Statement of Benefits, and attachments and this Agreement. 1. Properties Associated with the Abatement and Responsibilities of the Applicant. At the time of this agreement,the properties are described as: Key Number: 71-08-02-407-013.000-026 Local Parcel Number: 018-1070-2982 Commonly Known As: 726 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 2 Kingdom Campus Minor Sub 23/24 NP#1221 6/27/2022 Key Number: 71-08-02-407-014.000-026 Local Parcel Number: 018-1070-2983 Commonly Known As: 722 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 3 Kingdom Campus Minor Sub 23/24 NP #1221 6/27/2022 Throughout the duration of the abatement,the Applicant shall promptly report any changes in the addresses or Key Numbers of the properties receiving an abatement to the Department of Community Investment and to the Office of the City Clerk. Moreover, the Applicant also shall report any material changes or improvements made to the properties subject to an abatement including changes as the result of subdividing,replatting, or otherwise. The Applicant agrees that failure to promptly report changes can result in a finding of noncompliance on behalf of the Applicant under the commitments of this agreement. 2. Commitments of City and Applicant. Subject to the adoption of a resolution correcting a scrivener's error in Resolution No. 5015-23 and Resolution No. 5016-23 by the South Bend Common Council(the"SBCC"),the City of South Bend,Indiana,(the"City")commits to provide a five-year (5) single-family residential real property tax abatement for the Applicant, based on the Applicant's commitment set forth in its Application. The Applicant commits to the following(the"Commitments"): a)making total combined real property expenditures of no less than Four Hundred Forty Thousand dollars ($440,000.00) for the construction of two (2) single-family homes at the properties identified in Section 1 of this agreement; and b) acting in good faith to complete the project as described in its Application. 1 3. Applicant's Compliance with City and State Laws. During the term of the abatement, the Applicant shall comply with Chapter 2,Article 6,of the South Bend Municipal Code,entitled"Tax Abatement Procedures,"and all governing provisions of the Indiana Code. During the term of this abatement, the City may annually request information from the Applicant concerning the nature of the Project,the approved capital expenditure of the Project, the number of full-time permanent positions newly created by the Project,and the average wage rates and salaries(excluding benefits and overtime)associated with the positions,and the Applicant shall provide the City with adequate written evidence thereof within fifteen(15)days of such request(the"Annual Survey"). The City shall utilize this information and the information required to be filed by the Applicant in the CF-1 Compliance with the Statement of Benefits form to verify that the Applicant has at all times complied with the Commitments after the Commitment Date and during the duration of the abatement and for no other purpose. The Applicant further agrees to provide the City with such additional information as requested by the City to determine Applicant's compliance with the Commitments and with local and state requirements within twenty (20) days following any such request.Notwithstanding anything herein to the contrary,the Applicant acknowledges that the City may be required to disclose certain documents provided by the Applicant as required by a court order or applicable law. 4. Substantial Compliance and Rights of Termination. The City, by and through the SBCC, reserves the right to terminate the Residentially Distressed Area designation and associated property tax abatement deductions if it reasonably determines that the Applicant has not made reasonable efforts to substantially comply with all the Commitments, as defined in Section 2 of this Agreement, and the Applicant's failure to substantially comply with the Commitments was not due to factors beyond its reasonable control, as described in Section 5 below. 5. Factors Beyond Control. As used in this Agreement, factors beyond the control of the Applicant shall only include factors not reasonably foreseeable at the time of designation application and submission of Statement of Benefits which are not caused by any act or omission of the Applicant, and which materially and adversely affect the ability of the Applicant to substantially comply with this Agreement. Applicant has the burden to communicate to the City any such factors in which it believes is beyond its control and impacting its ability to fulfill the terms of this Agreement or any tax abatement benefit provided to the City. The City reserves the right to investigate the factors cited by Applicant under this Section 5 to the fullest extent possible and may deny Applicant's request upon the completion of the City's investigation. 6. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement the Applicant and their successors and assigns shall: (a)be delinquent or in default with respect to any tax payment in St. Joseph County, Indiana; or (b) fail to comply with the obligations established by this Agreement, then the City may immediately terminate the Residentially Distressed Area designation and associated tax abatement deductions, and upon such termination, require Applicant to repay all of the tax abatement savings received through the date of such termination. 2 7. Notice/Hearing of Termination. In the event that the City determines that the Residentially Distressed Area designation and associated tax abatement deductions should be terminated or that all or a portion of the tax abatement savings should be repaid, it will give the Applicant notice of such determination, including a written statement calculating the amount due from the Applicant, and will provide the Applicant with an opportunity to meet with the City's designated representatives to show cause why the abatement should not be terminated and/or the tax savings repaid. Such notice shall state the names of the person with whom the Applicant may meet and will provide that the Applicant shall have thirty (30) days from the date of such notice to arrange such meeting and to provide its evidence concerning why the abatement termination and/or tax savings repayment should not occur. If, after giving such notice and receiving such evidence, if any,the City determines that the abatement termination and/or the tax repayment action is proper, the Applicant shall be provided with written notice and a hearing before the SBCC before any final action shall be taken terminating the abatement and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. Joseph County Superior or Circuit Court. 8. Repayment. In the event the City requires repayment of the tax abatement savings as provided hereunder, it shall provide Applicant with a written statement calculating the amount due the"Statement"),and Applicant shall make such repayment to the City within one hundred twenty 120)days of the date of the Statement. If the Applicant does not make timely repayment,the City shall be entitled to all reasonable costs and attorneys' fees incurred in the enforcement of this Agreement and the collection of the tax abatement savings required to be repaid hereunder. 9. Voidance of Previous Agreement. This Agreement supersedes the Memorandum of Agreement dated April 11, 2023, as agreed to by the Applicant and the City. 10. Modification/Entire Agreement. This Agreement and the schedules attached hereto as Exhibit A contain the entire understanding between the City and the Applicant with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, inducements, and conditions, expressed or implied, oral, or written, except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing signed by the City and the Applicant. The Applicant understands that any and all filings required to be made or actions required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant. 11. Waivers. Neither the failure nor any delay on the part of the City to exercise any right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof,nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power, or privilege with respect to any occurrence or be construed as a waiver of such right, remedy,power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 3 12. Governing Laws of Indiana. This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by the laws and decisions of the courts of the State of Indiana. 13. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of the Courts of the State of Indiana and of the St. Joseph County Circuit or Superior Court in connection with any action or proceeding arising out of or relating to this Agreement or any documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall be brought in such County and in such Court. 14. Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or by facsimile(with confirmation by registered or certified mail)or on the third business day following the mailing,by registered or certified mail,postage prepaid,return receipt requested, thereof, addressed as set forth below: If to Applicant: Cross Community, Inc. 707 Sherman Avenue South Bend,Indiana 46616 Attn: Tina Patton If to the City:City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 1400S South Bend, Indiana 46601 Attn: Executive Director of Community Investment 15. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit of the City and the Applicant and their successors and assigns, except(a)that no party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party hereto, in which consent shall not be unreasonably withheld, and (b) Applicant may assign and transfer its rights under this Agreement to the Permitted Assign without prior written consent. "Permitted Assign" means the affiliated single purpose entity created for purposes of designing, constructing, owning, operating, and maintaining the single-family residences which are the subject of this Agreement. 16. Valid and Binding Agreement. This Agreement may be executed in any number of counterparts,each of which shall be deemed to be an original as against any party whose signature 4 appears thereon, and all of which shall together constitute one and the same instrument. By executing this Agreement, each person so executing affirms that he has been duly authorized to execute this Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation of the party. 17. Severability. The provisions of this Agreement and of each section or other subdivision herein are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby. 18. No Personal Liability. No official, director, officer, employee, or agent of the City shall be charged personally by the Applicant,its employees,or its agents with any liabilities or expenses of defense or be held personally liable to the Applicant under any term or provision of this Agreement or because of the execution by such party of this Agreement or because of any default by such party hereunder. Remainder of page intentionally blank.' 5 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. Applicant" b'C ity" Cross Community, Inc. City of South Bend, Indiana By: By: Tina Patton Sharon McBride President President, South Bend Common Council Cross Community, Inc. By: Approved as to Legal Adequacy and Form this Troy Warner Chairperson, Community Investment day of 2023. Committee Counsel, South Bend Common Council By: Erik Glavich Department of Community Investment Counsel for Applicant By: James Mueller Mayor 6 EXHIBIT A Abatement Schedule Subject to the adoption by the SBCC of a resolution correcting a scrivener's error in Resolution No.5015-23 and Resolution No. 5016-23,the property owner is qualified for and is granted a retail development real property tax abatement for a period of five(5) years as shown by the schedule outlined below. Year 1 - 100% Year 2 - 100% Year 3 -95% Year 4-95% Year 5 -90% 7 Danch, Harner & Associates, Inc. Michael J. Danch, L.A.Land Surveyors• Professional Engineers Ron Harner, P.S. Landscape Architects• Land Planners Filed in Clerk's Office January 3,2024 MAR 18 2024 South Bend Common Council Bianca Tirado4thFloorCountyCityBuildingCityClerk, South Bend, IN 227 W.Jefferson South Bend, IN 46601 Dear Honorable Council, Please accept this Ordinance to vacate the portion of the right-of-way formerly occupied by Boland Drive. In the late 2000s,Boland Drive was realigned and connected to a traffic circle at the intersection with Portage Road.The excess right-of-way was never vacated. The City of South Bend has retained our services to properly vacate the eastern portion of Boland Drive. Danch, Harner, and Associates is also in the process of working with the City and St.Joseph County to prepare a subdivision for the area. As part of that process, Boland Drive will be properly dedicated and proper lots on either side created. Thank you for your consideration. Sincerely, atV%- g)Va Angela M. Smith Senior Planner 1643 Commerce Drive•South Bend, IN 46628 208 West Mars•Berrien Springs,MI 49103 Office:(574)234-4003/(800)594-4003•Fax:(574)234-4119 Office:(616)471-3010•Fax:(616)471-7237 Bill No. 18-24 Filed in Clerk's Office BILL NO. 18-24 MAR 1 8 2024 ORDINANCE NO. Ci Bianca TiradoryClerk, South Bend, IN AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first 360'+/-of Boland Drive East of Portage Road STATEMENT OF PURPOSE AND INTENT To eliminate a portion of right-of-way no longer in use due to a realignment of the Boland Street. Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first 360' +/-of Boland Drive East of Portage Road hereby determines that it is desirable to vacate said property SECTION II. The City of South Bend herby reserves the rights and easements of all utilities and Municipal City of South Bend, Indiana to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 018-2206-7863 —Unaddressed Vacant Lot- Lot 17 Council Oaks 018-2206-7862 —2013 Ribourde Dr—Lot 16 Council Oaks 018-2229-8542—3016 Portage SECTION IV. The Purpose of the Vacation of the real property is to allow for the construction of an ancillary dwelling unit on the adjacent property. SECTION V. The vacation is subject to the elimination of the alley approach by hiring a private contractor bonded with the City to tear out the approach, replace with curb, and establish a tree lawn in accordance with City standards and specification. SECTION VI. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Sharon L. McBride, Council President South Bend Common Council Attest: Bianca L. Tirado, 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 2024, at o'clock . m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2024, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - 45pUTH 1316 COUNTY-CITY BUILDING f PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W .;,^ Y FAX 574/235-9171 Sum BEND,INDIANA46601-1830 PLACE 1865 Filed in Clerk's Office CITY OF SOUTH BEND JAMES MUELLER,MAYOR BOARD OF PUBLIC WORKS MAR 1 8 2024 March 12,2024 Bianca Ti-ado City Clerk, South Bend, IN Mr.Michael Danch Danch,Harner&Associates,Inc. 1643 Commerce Dr. South Bend,IN 46628 ASmith@danchharner.com;mdanch@danchharner.com RE: Right-of-Way Vacation—First 360'+/-Boland Dr.East of Portage Rd.(Preliminary Review) Dear Mr.Danch&Ms.Smith: At its March 12, 2024 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this right- of-way subject to utility easements.If you still wish to pursue this right-of-way vacation,please bring this BPW Recommendation Packet to the City Clerk's Office,located on the 4th floor of the County-City Building.Right-of- way vacations require a presentation to the Common Council, approval of an ordinance, and certification of the ordinance from the Mayor.The property then must be recorded with the Recorder's Office to ensure that your 50% ownership of the property is appropriately transferred to your name.If you have any questions about how the right- of-way vacation will affect your property taxes,please contact the Auditor's Office. These updates should be made within ninety(90)days of final approval from the Common Council.Please notify us when this work is complete.If you have any further questions,please call this office at(574)235-9251. Sincerely, s/Theresa Hefner Theresa Heffner,Clerk Enclosures TH/lh ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT MURRAY L.MILLER BRIANA N.MICOU x' Filed in Clerk's OfficeIe MAR 1 8 2024 1865 Bianca Tirado INTEROFFICE MEMORANDUM City Clerk, South Bend, IN BOARD OF PUBLIC WORKS DATE: January 22, 2024 TO: Kyle Ludlow, Public Works Kara Boyles. Engineering Zach Hurst, Engineering Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS — ROW/STREET VACATION APPLICANT: Danch, Harner &Associates on behalf of the City of South Bend LOCATION: Section of Boland and Portage PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS/ENGINEERING: Favorable subject to utility easements COMMUNITY INVESTMENT: Favorable FIRE: Favorable POLICE: Favorable recommendation UjSpllTHg STREET/ALLEY VACATION APPLICATION Filed in Clerk's OfficeO4 O O City of South Bend - Board of Public Works MAR 1 8 2024 PACe 227 W. Jefferson Boulevard, Ste. 1316 Vie /South Bend, I N 46601 Bianca Tirado City Clerk, South Bend, IN Date: January 22, 2024 Phone#: 574-234-4003 Name: Danch, Harner & Assoc. on behalf of the City Email: asmith@danchharner.com Property SEC of Boland and PortageAddress: Applicant property information: Residential Commercial Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E.LaSalle Ave): The first 360' +/- of Boland Drive east of Portage Road Is your property adjacent to the alley of interest? I=1 Yes No Do you own all adjacent properties to the alley of interest? Yes • No Does the existing alley provide garage access to other property owners? Yes 0 No Does the alley receive daily traffic excluding your own use? Yes 0 No Would the vacation hinder public access to any of the following:a church, Yes 0 No school,or any other public building or place? Reason for street/alley vacation and proposed use: The reconfiguration of the Boland Drive and Portage Road intersection did not align with existing dedicated right-of-way. The vacation would allow for the portion of land that was formerly Boland Drive to be adjoined with the adjacent parcels. The area where the road improvement currently exists will be dedicated as part of a future subdivision. A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation:Yes No CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS a111 Elizabeth A.Maradik,President Joseph R.Molnar,Vice President Gary A.Gilot,Member Briana Micou,Member Murray L.Miller,Member Attest: Theresa M.Heffner,Clerk Date: March 12,2024 NI 'pua8 L lrlos 'jJal0, ! openl eouei9 hZOZ 8 1 HVW e3U4O s, .la ul •a I bo 34a8notiia 3nV 33V1. • x 4, ' . 4' - 21(I (]NV I/)9 nJ 1 Name Mailing Address Proper Address Greater Creations, LLC 17643 Waxwing Lane 2005 Ribourde Dr. South Bend, IN 46635 South Bend, IN 46628 Noi Kaomisay and Singkam 2211 Council Oak Dr. 2211 Council Oak Dr. Bounyavong South Bend, IN 46628 South Bend, IN 46628 Robert and Karen Lesher Rev.24711 W. Maple Way 2209 Council Oak Dr. Trust as Trustees South Bend, IN 46628 South Bend, IN 46628 Stephen and Laccine Kabel 1933 Ribourde Dr. 1933 Ribourde Dr. South Bend, IN 46628 South Bend, IN 46628 Civil City of South Bend 227 W.Jefferson Blvd.Ste. 1200 2013 Ribourde Dr. South Bend, IN 46628 South Bend, IN 46628 Deidre Taylor 2201 Ribourde Dr. 2201 Ribourde Dr. South Bend, IN 46628 South Bend, IN 46628 Yolanda and Larry Green 2204 Oakwood Park Dr. 2204 Oakwood Park Dr. South Bend, IN 46628 South Bend, IN 46628 St.Joseph County 227 W.Jefferson Blvd. 3016 Portage Rd. South Bend, IN 46601 South Bend, IN 46628 Civil City of South Bend 227 W.Jefferson Blvd., Lot 17,Council Oaks South Bend, IN 46601 Filed in Clerk's Office MAR 1 8 2024 Bianca TiradoCityClerk, South Bend, IN pa nt• _YDR Q e 1.0.i').k CU 1 "Ors 2 s,.. - ..)1,,,, 1: N, \ 7: 11 4P0 1 r e R.. ARROWHEAD CD3 C y NNW t It o BROOKIDR 4•Q AKBRUOKIDR f' 03 r OAKWOOD PARKIDR Pr n i`'i t TOMAHAWK Ti 1, I 7 _ coUNCR OAK Oa' I"'- A RIBOURD C33o g p9` 1 cLy 7 2023 Eaglev,ew a MAR 1 8 2024 Bianca Tirado City Clerk, South Bend, IN Filed in Clerk's Office u. I Contact information out i C3:rii1. I'JPropertyowner(s) of the petition site: Name: Beacon Health System Inc Address: 3425 Health Drive Granger, IN 46530 Name: Address: Name: Address: Contact Person: Name: Danch, Harner & Associates; Attn: Angela Smith Address: 1643 Commerce Drive South Bend, IN 46628 Phone Number: 574-234-4003 asmith@danchharner.com E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: Larry Tracy(Mar 6,2024 08:31 EST) t<GNO PLAN C) 747,_County-City Building City of South Bend 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 PLAN COMMISSION 574) 235-7627 www.southbendin.gov/zoning FST.BUSHED 0 March 19, 2024 Filed in Clerk's Office MAR i 9 2024 Honorable Committee Chair Davis 4th Floor, County-City Building City C lerk Bianca Tirado youth Bend, INSouthBend, IN 46601 RE: PC#0204-24—402 W Navarre Street Dear Committee Chair Davis: Enclosed is 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 25, 2024, Council meeting, and set it for public hearing at your April 22, 2024,Council meeting. The petition is tentatively scheduled for public hearing at the April 18, 2024, South Bend Plan Commission meeting.The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Rezone property from NC Neighborhood Center to U1 Urban Neighborhood 1 If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran Scott Ford Planning Director Commission President Bill No. 19-24 Filed in Clerk's Office BILL NO. 19-24 MAR 1 9 2024 ORDINANCE NO.Bianca Tirado City Clerk, South Bend, IN! AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 402 WEST NAVARRE STREET COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Rezone property from NC Neighborhood Center to U 1 Urban Neighborhood 1 NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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: 402 W Navarre Street, South Bend, IN 46616. 018-1018-0719 W 66' LOT 5 ALSO W 7' OF VAC ALLEY BURROUGHS SUB be and the same is hereby established as U 1 Urban Neighborhood 1 SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(0(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Bianca Tirado, 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 2024, at o'clock . m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2024, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - RECEIVED MAR 0 7 2024 City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number: 018-1018-0719 Address: 402 W. Navarre Owner: Historic Landmarks Foundation of Indiana Legal Description: Filed in Clerk's Office W 66' Lot 5 Also W 7'of Vac Alley Burroughs Sub MAR 19 2024 Bianca Tirado City Clerk, South Bend, IN Project Summary Rezone lot from Neighborhood Center to Unban Neighborhood 1 for the relocation of a single family home. Requested Action Application includes (check all that apply) Rezoning Current District: NC Neighborhood Center I"J Additional Districts, if applicablE Proposed District U1 Urban Neighborhood 1 Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: 1) The comprehensive Plan; 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction;and 5) Responsible development and growth. Subdivision — complete and attach subdivision application Special Exception— complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents v Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Filed in Clerk's Office MAR 1 9 2024 Contact information end, IN Property owner(s) of the petition site: Name: Historic Landmarks Foundation of Indiana Address: 1201 Central Aveune Indianapolis, Indiana 46202 Name: Address: Name: Address: Contact Person: Name: Todd Zeiger Address: 801 W. Washington South Bend, Indiana 46601 Phone Number: 574-286-5765 tzeiger@indianalandmarks.org E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: MG.V5 L bG vi s liatERPABLIEBANISZTLEI MAY Pt. rgl SITE PLAN KEYNOTESa HIFc:u"ieLE'""" V.%A. ARCHITECTUREh> 34, Q0 aC J- PECPC11.11: PLANNING Z u xev noxZS 11]B LINCOINYJAY EAST 1e ^ew C 1126SOUTH BEND.J WW1 Yam, tea^' `GREGORYA_KILww1° ARCHITECT 6 s,'} R GOP PI AN I EOPNR WARE AN w—w—N— W—YI---TI p IJ r. OHE OVERHEAD PHONE.(5)91280-2659 as I} Ipl :-.1--C. ELECTRIC wwxi]e,cNypyN.cam UGE UNDERGROUND 13 ELECTRICIli.';_=.sANrtaav LINE FlRER FO aPr ci._- . W WATERf III r- NAN9 d`/-,4 i MANHOLE i I0v ® 3 i.. ORYWELL 7 ` UTILITY 1 1 , Yi II f. E/ ' I L. HOUSE r—__ 1 I ®,II MOVE f f A }, L' I 403 W Nwarte SI I -Y _.4, -'1 ET 33 II T — ..1`' - 1- = od f I 0 .f' SwT Bend IN ASfi16 yp o A '}^":>' V I 1 ,`{r- •402 W NAVARRE r -\ s. a.'J ( 0 PROPOSEPLA SITE l c fr y ''6 r' B RATE JANUARY 31 2224 7t. ,•,, ..„,... .......- _......• i c„ CZ rc a ice • Pr--PLAN Filed itrCterk-s Office MAR 19 2024 Bianca Tirado City Clerk, South Bend, IN SURVEY PREPARED FOR:INDIANA LANDMARKS BOUNDARY/TOPOGRAPHICAL SURVEY SURVEY DATED:12/27/23 PART OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 2 EAST, tT __" ? FILE f:230275 CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. I LEM.mpsms y LED r..oavOURRCATONSa a ATM OUT DE no011oor OM MOONEDunxEn f RR OF M M.PLAT OP OUT LOTS OF M TOM MOW CM OF \ 1 M J , T ' SCAM SOO.RATTED Of M two Ns OF NO MA RECORDED I I .1 i%l.:. 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MAR 2 fl 2024 City of South Bend Bianca Tirado City Clerk,South Bend, IN Department of Community Investment March 20, 2024 Mrs. Sharon McBride President, South Bend Common Council 4th Floor County City Building South Bend IN 46601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, amending Ordinance No. Chapter 18, Article 5, of the South Bend Municipal Code, Dear President McBride: Attached for filing with the South bend Common Council is a ordinance amending Chapter 18, Article 5,of the South Bend Municipal Code provides the procedures for a property owner within the City to vacate all or part of a City street, alley, or other public place or way. Recently, challenges have been identified in the administration of this process by the Common Council,the Clerk's Office,and City employees. The proposed amendment will provide for: increased opportunities for education by City staff members with property owners seeking a property vacation in order to ensure that proceeding with a vacation is an appropriate solution. will incorporate Engineering review of utilities in the area of the vacation request and preparation of a radius map, legal description, and list of addresses within the notice range of the vacation request. the Board of Public Works to establish clear evaluation criteria to guide review of property vacation requests. notice to City departments during the review process and improve notice requirements to property owners within the block affected by the vacation request. clear timelines within which property owners must proceed to filing an ordinance for a property vacation following review by the Board of Public Works, as well as ensuring Bill No. 20-24 City of South Bend Community Investment post-filing review by City staff to check for any changes after Board of Public Works review. Thank you for your consideration of this ordinance. Know that plans to make the presentation to the Common Council at its committee and regular meetings. Thank you for your consideration. Sincerely, Tim Corcoran Chief Planner Enc Filed in Clerk's OfficF= MAR 2 n 2024 BILL NO.20-24 Bianca TiradaCityClerk, South Bend,ORDINANCE NO. IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 18,ARTICLE 5,TO UPDATE THE PROCEDURES FOR VACATION OF PUBLIC WAYS AND PUBLIC PLACES STATEMENT OF PURPOSE AND INTENT Chapter 18, Article 5, of the South Bend Municipal Code provides the procedures for a property owner within the City to vacate all or part of a City street, alley, or other public place or way. Recently, challenges have been identified in the administration of this process by Common Council, the Clerk's Office, and City employees. The proposed amendment will provide for increased opportunities for education by City staff members with property owners seeking a property vacation in order to ensure that proceeding with a vacation is an appropriate solution. The proposed amendment will incorporate Engineering review of utilities in the area of the vacation request and preparation of a radius map,legal description, and list of addresses within the notice range of the vacation request. The proposed amendment will provide for the Board of Public Works to establish clear evaluation criteria to guide review of property vacation requests. The proposed amendment will provide for notice to City departments during the review process and improve notice requirements to property owners within the block affected by the vacation request. The proposed amendment will also provide for clear timelines within which property owners must proceed to filing an ordinance for a property vacation following review by the Board of Public Works,as well as ensuring post-filing review by City staff to check for any changes after Board of Public Works review. This ordinance amendment is necessary for the effective, efficient administration of the City's property vacation process. This ordinance is in the best interest of the City and its residents. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 18, Article 5, shall be amended as follows: Sec. 18-53.X—Request for vacation; criteria,pre-application and staff recommendation; Board of Public Works recommendation 1 a) Any person interested in vacating all or part of a city street or alley or any other public place or way within the City shall initiate the process through the Engineering Department with a pre-application. The pre-application shall be evaluated based on criteria approved by the Board of Public Works. The Engineering Department and Department of Community Investment shall review the applicant request and provide a staff recommendation. b) Any request receiving a favorable staff recommendation will be forwarded to the Engineering Department and processed for an upcoming Board of Public Works agenda for the Board's review and recommendation, upon payment of a review fee of Three Hundred Dollars($300.00). The Engineering Department shall also generate a radius map highlighting the area proposed for vacation, a legal description of that same area as well as a list of addresses within 150 feet of the property, including all properties within the block containing the vacation petition, and send the request to all applicable City Departments for review. c) The Engineering Department will send requests with an unfavorable staff recommendation to the applicant including suggestions for improvement. Any person wishing to continue a vacation request with the Board of Public Works without a favorable staff recommendation, should contact the Engineering Department. d) The Board of Public Works reviews the request and provides a recommendation, including any improvements or contingencies. For favorable recommendations, the Board will include a draft ordinance for filing with the Clerk's Office. The Board Clerk shall forward a copy of all Board recommendations to the Clerk's Office within fourteen (14) days of Board action. Sec. 18-53.8. - Petition for vacation; fees; ordinance to approve. a) Within 90 days of review by the Board of Public Works,any person interested in vacating all or part of a City street or alley or any other public place or way within the city shall file a petition for vacation and a proposed ordinance approving said petition with the office of the City Clerk. The Engineering Department shall review the petition for any changes since the petition was reviewed by the Board of Public Works. Petition requests received greater than 90 days since Board of Public Works review must return to the Engineering Department for further action. b) The petition for vacation and the proposed ordinance shall be accompanied by the following when filed: 1) The nonrefundable sum of one hundred fifty dollars ($150.00) cash or check to cover costs of legal advertising,a4 recording, and related expenses. This amount shall be paid to the Ordinance Violations Bureau Clerk prior to filing the petition for vacation and proposed ordinance with the City Clerk. 2) Two (2) sets of certified, stamped, and addressed envelopes to each owner whose property is within one hundred fifty (150) feet of the exterior boundaries of such property proposed to be vacated including all properties within the block containing the vacation petition. 2 3) A brief statement as to the reason(s) for the vacation petition, the proposed use of the vacated property, a legal description of the property proposed to be vacated, and the names and addresses of all owners whose property is within one hundred fifty (150) feet of the exterior boundaries of such property proposed to be vacated, including all properties within the block containing the vacation petition. The Petitioner shall gather signatures from each property owner whose property lines will be affected by the proposed vacation. c) If a vacation proceeding under this Article is terminated, a subsequent vacation affecting the same property and requesting the same relief may not be initiated for two (2) years. Sec. 18-53.9. -Notice of petition. a) The City Clerk shall refer a copy of the petition for vacation to the Engineering Department and Department of Community Investment for review under Section 53.8(a) of this Article for a review of any utilities in the area b) The City Clerk shall simultaneously refer a copy of the petition for vacation to the Board f Public Works f r their. ritten na naatiom c) The City Clerk shall give notice of the petition and of the time and place of the public hearing as provided by State law. Sec. 18-53.10. - Public hearing. a) Within thirty(30) days of the filing of a petition for vacation with the City Clerk, the Common Council shall hold a public hearing on said petition. The Council shall consider and review all reports received from the Department of Community Investment/ Engineering Department and the Board of Public Works and shall hear remonstrances based on grounds set forth in IC 36-7-3-13. b) The Common Council shall pass an ordinance if it determines that the petition for vacation should be approved following the public hearing. c) Following approval by the Common Council and the Mayor,the City Clerk shall record, in the St. Joseph County's Recorder's office, a certified copy of the ordinance approving the petition for vacation. The City Clerk shall provide the petitioner a certified copy. d) The City Clerk shall then notify the Board of Public Works, the Staff of the Area South Bend Plan Commission, Department of Community Investment Community Development, the Engineering Department, the Bureau of Traffic and Lighting, the Street Department, the Police Department, the Fire Department, the County Auditor and appropriate Township Assessor's office, and all relevant utilities or other service providers of the vacation. Notifications shall be additionally sent to the South Bend Community School Corporation Transportation Division if the vacation involves a public street. e) The City Clerk shall pay all advertising and recording costs incurred by said vacation from the one hundred fifty dollars ($150.00) initially paid to said offce by the petitioner. If any additional money is due for such advertising and recording costs over and above 3 the one hundred fifty dollars ($150.00) fee, the petitioner shall pay the overage to the Office of the City Clerk Ordinance Violations Bureau Clerk. Upon passage of such vacation ordinance, the City Clerk shall send a certified copy to the petitioner. f) If the Common Council fails to pass a proposed vacation ordinance whose petitioner was required to provide a certified check pursuant to Sec. 18-53.8(c)(2), said check shall be returned to the petitioner. SECTION II. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of July 1, 2024 Sharon McBride, President, South Bend Common Council ATTEST: Bianca Tirado, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2024, at o'clock .m. Bianca Tirado, City Clerk Approved and signed by me on the day of 2024, at o'clock .m. James Mueller, Mayor, City of South Bend, Indiana 4 County-City Building n`: Phone 311 inside City limits 227 W Jefferson Blvd Suite,1200 N OUTH B4,Em ail 31 l @southbendin.gov South Bend,IN 46601 r Webs ite Southbendin.gov James Mueller,Mayor W PEACE ly, N„...,......, 1865 Filed in Clerk's Office City of South Bend MA 2 0 2024 Bianca Tirado Department ofAdministration &Finance City Clerk, South Bend, IN Division ofHuman Resources March 20,2024 Sharon McBride,President City of South Bend Common Council 227 W.Jefferson Boulevard,4th Floor South Bend,Indiana 46601 RE:2024 General Fund Additional Appropriation Ordinance Dear President McBride, This additional appropriation from the General Fund will be used to pay for costs associated with the Morris Performing Arts Center Phase 2 renovation project and the construction of the Raclin Murphy Encore Center. The intent is to pay for those costs with funds on hand from the General Fund and replenish the General fund over time with revenues from the EDIT,PSCDA funds or any other legally available revenues. 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"reading on March 25th,2024,and 2nd reading, public hearing and 3rd reading scheduled for April 8,2024. Thank you for your attention to this request. If you should have any questions,please feel to contact me at 574-235-9822. Regards, y ' I Kyle Willis City Controller Bill No. 21-24 Filed in Clerk's Offic;e MAR 2 0 2024BILLNO. 21-24 Bianca ORDINANCE NO.City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING ADDITIONAL FUNDS OF $9,000,000 FROM THE GENERAL FUND (#101). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2024 operating and capital budgets via Ordinance 10971-23,passed on October 9, 2023, which included expenditures for various City operations. It is now necessary to appropriate additional funds for the purpose of the Morris Performing Arts Center Renovation Phase 2 project. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2024 and set apart within the following designated funds for expenditures as follows: FUND Amount General Fund (#101) 9,000,000 TOTAL 9,000,000 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Sharon McBride, Common Council President Attest: Bianca Tirado, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2024 at o'clock_ . m. Bianca Tirado, City Clerk Approved and signed by me on the day of 2024 at o'clock . m. James Mueller, Mayor, City of South Bend, Indiana City of South Bend,Indiana Q1 2023 Budget Adjustments-Additional Appropriations increase or decrease in total fund expenditures) Budget Account z Fund Department Division Account Adjustment Capital Project 101-04-040-040 143001 General Fund Administration&Finance General City Capital Outlay-Buildings-Building Improvements 9,000,000 Rationale Funding renovation costs associated with the Morris Performing Arts Center Phase 2 renovation project. Grand Total 9,000,000 Fled CI erl s C/ieeMR20 ?024 City Ctek So trB0 end, tN