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HomeMy WebLinkAbout05-12-2025 Agenda PacketOFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK INTEGRITY | SERVICE | ACCESSIBILITY Matthew Neal Margaret Gotsch DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: BIANCA L. TIRADO, CITY CLERK DATE: THURSDAY, MAY 8, 2025 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, May 12, 2025: 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/051225CC 4:30 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WARNER 1.Bill No. 25-27 - Resolution to Approve the Issuance of a Scrap Metal / Junk Dealers / Recycling Operation License for Alternative Two (2) LLC 2.Bill No. 25-28 - Resolution Approving the Issuance of Tax Increment Revenue Bonds for Improvements that Support Residential Housing Developments and All Matters Related Thereto 3.Bill No. 25-30 - Confirming Resolution - Real Property Tax Abatement for Allen Edwin Residential Builders, LLC 5:10 P.M. ZONING & ANNEXATION CHAIRPERSON, DR. OLIVER DAVIS 1.Bill No. 19-25 - Special Exception at 906, 912, 914, and 918 Dubail Avenue and 1703, 1705, and 1711 Dale Avenue 2.Bill No. 24-25 - Special Exception at 1702 Western Avenue 5:30 P.M. COMMUNITY RELATIONS CHAIRPERSON, GOODEN-RODGERS 1.Bill No. 25-29 - Resolution Establishing the Terms of the Initial Members of the Community Police Review Board (Substitute) Council President Canneth Lee has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Community Relations Committee Meeting. EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, C. LEE 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, May 12, 2025 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/SBCC051225 1. INVOCATION PASTOR SCOTT SMITH | SOUTH SIDE BAPTIST CHURCH 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES APRIL 28, 2025 5. SPECIAL BUSINESS SPECIAL RESOLUTION RECOGNIZING AMY HILL 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 14-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, NORTH OF THE INTERSECTION OF 2 EDISON ROAD AND SUNDOWN ROAD, SOUTH BEND, INDIANA (COUNCIL DISCUSSION ONLY) 19-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTIES LOCATED AT 906, 912, 914, 918 DUBAIL AVENUE AND 1703, 1705, 1711 DALE AVENUE COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 24-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1702 WESTERN AVENUE COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 8. BILLS ON THIRD READING TIME:______ BILL NO. 14-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, NORTH OF THE INTERSECTION OF EDISON ROAD AND SUNDOWN ROAD, SOUTH BEND, INDIANA 19-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTIES LOCATED AT 906, 912, 914, 918 DUBAIL AVENUE AND 1703, 1705, 1711 DALE AVENUE COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 24-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1702 WESTERN AVENUE COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 9. RESOLUTIONS BILL NO. 25-27 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS LICENSE FOR CALENDAR YEAR 2025 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE 3 25-28 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF TAX INCREMENT REVENUE BONDS OF THE REDEVELOPMENT DISTRICT OF THE CITY FOR THE PURPOSE OF PROVIDING FUNDS FOR THE COSTS OF CERTAIN LOCAL PUBLIC IMPROVEMENTS THAT SUPPORT RESIDENTIAL HOUSING DEVELOPMENT AND ALL MATTERS RELATED THERETO 25-29 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL ESTABLISHING THE TERMS OF THE INITIAL MEMBERS OF THE COMMUNITY POLICE REVIEW BOARD (SUBSTITUTE) 25-30 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS MULTIPLE PROPERTIES AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR (9) REAL PROPERTY TAX ABATEMENT FOR ALLEN EDWIN RESIDENTIAL BUILDERS LLC 10. BILLS ON FIRST READING BILL NO. 30-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1114 MAYFLOWER ROAD COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 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 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. 2025 COMMON COUNCIL STANDING COMMITTEES (Rev. 04-28-2025) 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 Karen L. White, Vice-Chairperson Thomas Gryp, Citizen Member Ophelia Gooden-Rodgers, Member Kaine Kanczuzewski, 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 Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member Alice Marie Pickens, Citizen 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. Canneth Lee, Member Troy Warner, Member Rachel Tomas Morgan, 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 Sharon McBride, Member Troy Warner, Vice-Chairperson Dr. Oliver Davis, Member Sheila Niezgodski, Member Savino Rivera Jr., Citizen Member 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 Sharon McBride, Member Sherry Bolden-Simpson, Vice-Chairperson Dr. Oliver Davis, Member Citizen Member 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. Sharon L. McBride, Chairperson Ophelia Gooden-Rogers, Member Karen L. White, Vice- Chairperson Troy Warner, Member Citizen 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 Dr. Oliver Davis, Member Karen L. White, Vice-Chairperson Rachel Tomas Morgan, Member Citizen 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 Ophelia Gooden-Rodgers, Vice-Chairperson Troy Warner, Member Carl Littrell, Citizen Member Jason Piontek, 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 Sheila Niezgodski, Vice-Chairperson Sharon McBride, Member Gabriel Murei, 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 Sheila Niezgodski, Member Dr. Oliver Davis, Vice-Chairperson Ophelia Gooden-Rodgers, Member Firdia Johnson, Citizen Member Joseph Mayer, 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 Troy Warner, Member Rachel Tomas Morgan, Vice-Chairperson Karen L. White, Member Henry Davis Jr., Citizen 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 2025 COMMON COUNCIL STANDING COMMITTEES (Rev.03-10-2025) CANNETH LEE, 1ST District Council Member President Council Rules Committee, Member OPHELIA GOODEN-RODGERS, 2nd District Council Member Community Relations Committee, Chairperson Public Works & Property Vacation Committee, Vice-Chairperson Community Investment Committee, Member PARC Committee, Member Residential Neighborhoods Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Residential Neighborhoods Committee, Member Health & Public Safety Committee, Member Information & Technology Committee, Member TROY WARNER, 4TH District Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Health and Public Safety, Vice-Chairperson Council Rules Committee, Member Public Works & Property Vacation, Member PARC Committee, Member Sub-Committee on the Minutes, Member Zoning & Annexation Committee, Member SHERRY BOLDEN-SIMPSON, 5TH District Council Member Utilities Committee, Chairperson Community Relations Committee, Member Information & Technology, Vice-Chairperson Community Investment Committee, Member Sub-Committee on Minutes, Member SHEILA NIEZGODSKI, 6TH District Council Member Personnel & Finance Committee, Chairperson Public Works & Property Vacation, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Community Relations Committee, Member Utilities Committee, Member DR. OLIVER DAVIS, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation Committee, Member Utilities Committee, Vice-Chairperson Information & Technology Committee, Member Personnel & Finance Committee, Member Health & Public Safety Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Vice-President Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member Information & Technology Committee, Chairperson Zoning & Annexation Committee, Vice-Chairperson Council Rules Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Personnel & Finance Committee, Vice-Chairperson Community Investment Committee, Vice-Chairperson Zoning & Annexation Committee, Member Community Relations Committee, Vice-Chairperson PARC Committee, Vice-Chairperson Filed in Clerk's Office 0.1THg, s>p4/ mod , r` MAR 05 2025 d` Bianca TiradorEnc;E:- City Clerk, South Bend, IN x x, 1865 CITY OF SOUTH BEND COMV U \ ITY I \VESTVENT March 4, 2025 Canneth Lee, President South Bend Common Council 4th Floor,County-City Building RE: Edison Sundown Annexation Area-24355 Edison Road Dear President Lee: Attached is an Ordinance for the proposed annexation at the above referenced location. Please include this Ordinance on the Council agenda for first reading at the March 10, 2025, Council meeting; for second reading at the April 28, 2025, Council meeting; and for third reading at the May 12, 2025, Council meeting. Per the provisions of Section 21- 01.02(g)of the South Bend Municipal Code,the property would automatically be zoned to I Industrial District upon annexation without needing a public hearing before the South Bend Plan Commission. The petitioner provided the following to describe the proposed project: Annexation of an I-Industrial parcel in St. Joseph County into the City of South Bend as I Industrial. If you have any questions, please feel free to contact me at(574)235-7625. Thank you. Sincerely, 4/1......---- Amani Morrell Principal Development Planner cc: Bob Palmer,Attorney, Common Council EXCELLENCE j ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W.Jefferson Bvld. South Bend,Indiana 46601 p 574.235.9371 wwwsouthbendin.gov 14-25 Filed in Clerk's Office BILL NO. 14-25 MAR 0 2025 Bianca Tirado ORDINANCE NO.City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1,NORTH OF THE INTERSECTION OF EDISON ROAD AND SUNDOWN ROAD, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to annex two properties at the intersection of Edison Road and Sundown Road(24355 Edison Road); the properties would be automatically zoned to I Industrial District in South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the following described real estate is situated in St. Joseph County, Indiana, being contiguous by more than one-eighth (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A Part of the Southeast Quarter of Section 31, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and being all of Lot 1 as said lot is known and designated on the Recorded Plat of I.P.C. Minor Subdivision, Recorded in Plat Book 28, Page 1, in the St. Joseph County Recorder's Office; and also being a portion of lands conveyed to the State of Indiana as described in Deed Record 688, Page 223, in said Recorder's Office; and also being all of that land conveyed to State of Indiana as described in Instrument Number 2021-13765; and a Part of the Northeast Quarter of Section 6, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana,more particularly described as follows: Beginning at the Northeast Corner of said Lot 1; Thence Westerly, along the North Line of said Lot 1 and said Line Extended, a distance of 679 Feet, more or less, to the West Line of the Limited Access Right of Way of the US 20/US 31 Bypass (aka, St. Joseph Valley Parkway); Thence Southerly, along the Westerly Line of said Right of Way, 267 Feet, more or less, to the Northeast Corner of said State of Indiana Land-Instrument Number 2021-13765; Thence Westerly, along the North Line of said land, 50 Feet; Thence Southerly, along the West Line of said land, 50 Feet; Thence Easterly, along the South Line of said land, 50 Feet, more or less, to the Aforementioned West Line of the US 20/US 31 Bypass; Thence Continuing Southerly, along said West Line and said West Line Extended 236 Feet, more or less, to the North Line of Voght's Edison Road Second Addition, Recorded in Plat Book 17, Page V-2, in said Recorder's Office; Thence Easterly, along the North Line of said Voght's Edison Road Second Addition and the North Line of Voght's Edison Road Third Addition, Recorded in Plat Book 17 Page V-1, a distance of 720 Feet, more or less, to a point lying on the Southerly Extension of the East Line of said Lot 1; Thence Northerly, along said Extended Line and the East Line of said Lot 1, a distance of 553 Feet, more or less to the Point of Beginning; Containing 8.9 acres,more or less. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above-described parcel as part of the City of South Bend, Indiana. SECTION III. Ordinance No. 10689-19, as amended, 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 above described real estate, with the exception of all adjacent rights-of-way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as I Industrial District,per the provisions of Section 21-01.02(g) of the South Bend Municipal Code. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Canneth Lee, 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 2025, at o'clock . m. Bianca Tirado, City Clerk Office of the City Clerk 2 - Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 3 - 1SpUT/ Department of Community Investment 865 ,. Filed in Clerk's Office Memorandum Monday, February 24,2025 FEB 2 TO: Derek Erquhart, Fire Bianca Tirado Kara Boyles, Engineering City Clerk, South Bend, IN Timothy Lancaster and Joseph Leszczynski, Police Kari Myers, Community Investment-Zoning Tom Panowicz, Legal Kelly Smith, Solid Waste Kenisha Wells, Neighborhood Services & Enforcement Kyle Willis,Administration & Finance FROM: Amani Morrell, Principal Development Planner SUBJECT: Request for Service Reports Edison Sundown Annexation Area 100%Voluntary Annexation of Contiguous Property) A petition for voluntary annexation of the Edison Sundown Annexation Area has been submitted to the City and will receive First Reading by the Common Council on Monday, March 10, 2025. The proposed Annexation Area consists of two parcels and adjacent right-of-way totaling about 9 acres and is located north of the intersection of Edison Road and Sundown Road.Two buildings totaling 43,000 square feet currently exist on the site and are zoned I-Industrial in the County. With the annexation,the petitioner seeks zoning of I Industrial to utilize the site for warehousing and to construct a 13,000 square foot addition. Please complete the Service Report addressing how your Department will or can provide City services to the proposed Annexation Area, and return it to me by March 10,2025. This deadline must be met so that the Legal Department can prepare the necessary resolutions in time to be considered by the Board of Public Works. A fact sheet, map, and an annexation schedule are attached to assist you in your review. If you have any questions, please contact me at(574) 235-7625 or amorrell@southbendin.gov. cc:Mayor James Mueller Allie Dolz-Lane, Chief of Staff, Office of the Mayor Bob Palmer,Attorney for the Common Council Caleb Bauer, Executive Director, Community Investment Tim Corcoran, Director of Planning, Community Investment Bianca Tirado, City Clerk Staff, City Clerk Robert Kruszynski, County Surveyor 227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV SERVICE REPORT CHECK LIST Department of Law: 1) legal concerns, if any (if none, no report is required) Public Works: 1) location, size, and capacity of water line(s) 2) listing of properties connected to water line(s) 3) location, size, and capacity of sewer line(s) 4) listing of properties connected to sewer line(s) 5) any public improvements required or suggested, such as street signs, street lighting, pavement upgrade, storm drainage 6) cost, timing, and source of funds for providing those improvements (within 1 year for non-capital items and 3 years for capital items) 7) a listing of properties covered by waivers Police Department: 1) Police Beat to be assigned 2) cost, timing, and source of funds of providing any improvements 3) whether comparable response time can be maintained Fire Department: 1) primary and secondary fire stations to be assigned 2) cost, timing, and source of funds of providing any improvements 3) whether comparable response time can be maintained Neighborhood 1) Inspector Area to be assigned Services: 2) whether comparable response time can be maintained Zoning: 1) current zoning of property 2) anticipated/required zoning 3) compatibility of land uses relative to city zoning 4) copies of recorded subdivision plats, if any Admin/Finance: 1) (no report necessary for this annexation) Solid Waste: 1) capacity to provide solid waste service 2) cost to owner of service 3) when service can begin County Surveyor:1) verify accuracy of legal description INITIAL REVIEW FACT SHEET 100%VOLUNTARY ANNEXATION Edison Sundown Annexation Area German Township Prepared February 2025 A. Annexation Criteria (Minimum) Analysis Criteria Met? 1. Contiguity: At least 1/8 (12.5%) 46.0% Yes and 2. 100% of owners signed petition 100% Yes and 3. a. essential City services are/can be provided Yes b. City is able to provide services Yes c. territory is contiguous Yes B. General Location: North of the intersection of Edison Road and Sundown Road Address: 24355 Edison Road Tax Key Number(s): 004-1021-036803 and 004-1021-036804 Subdivision(s) of Record: I.P.0 Minor Subdivision Acres: 9.0 Current Net Assessment: $414,700 Current Population: 0 Proposed Population: 0 Current Land Use: Industrial: Light Manufacturing and Assembly Proposed Land Use: Industrial: Warehousing Current Zoning: I Industrial District, St. Joseph County Proposed Zoning: I Industrial District, City of South Bend Council District: 1st Council District Scheduled Effective Date: June 22nd, 2025 Comments: The proposed Annexation Area includes the adjacent Edison Road and US 20 Highway rights-of-way Map Edison Sundown Annexation Area rt a J EDISON RD a —1 1 fal Edison Sundown Annexation Area City of South Bend Prepared by the South Bend Department of Community Investment February 24,2025 Legal Description Lot 1 in I.P.0 Minor Subdivision, Recorded in Plat Book 28 Page 1, in the Office of the Recorder of St. Joseph County, Indiana. Containing 9 acres, more or less, and being subject to all rights-of-way, covenants, easements, and restrictions of record. Proposed Schedule for Edison Sundown Annexation Area File Date 3/5/25 1st Reading 3/10/25 Service Report Request 2/24/25 Service Report Due 3/10/25 Fiscal Plan Done 3/24/25 BPW Agenda Session 4/3/25 BPW Hearing 4/8/25 BPS N/A PC Public Hearing N/A Council Advertisement 4/4/25 FP Resolution to Clerk 4/23/25 2nd Reading 4/28/25 3rd Reading 5/12/25 Advertised 5/23/25 Appeal Period Start 5/23/25 Appeal Period End 6/22/25 City of South Bend BOARD OF ZONING APPEALS May 6, 2025 Common Council of South Bend 227 W. Jefferson Blvd, 4 th Floor South Bend, IN 4660 l County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 Filed in Clerk's Office M.W U 6 2025 Bianca TiradoCity Clerk, South Bend, IN Re: Bill #19-25: The petition of2010 INVESTMENT GROUP seeking a Special Exception for a two unit dwelling on each lot in U I Urban Neighborhood I in the UI Urban Neighborhood I for property located at 912 DUBAIL AVE and 914 DUBAIL AVE and 918 DUBAIL AVE and 1703 DALE A VE and 1705 DALE A VE and 1711 DALE A VE and 906 DUBAIL A VE and 1711 DALE A VE Dear Council Members: I hereby Certify that the above referenced petition of20 l O INVESTMENT GROUP was legally advertised on March 28, 2025 and that the South Bend Board of Zoning Appeals at its public hearing on May 5, 2025 took the following action: Upon a motion by Francisco Fotia, being seconded by Kaine Kanczuzewski and carried, a petition by 20 IO INVESTMENT GROUP seeking a Special Exception for a two unit dwelling on each lot in U I Urban Neighborhood I for property located at 912 DUBAIL A VE and 914 DUBAIL A VE and 918 DUBAIL A VE and 1703 DALE A VE and 1705 DALE A VE and 171 l DALE A VE and 906 DUBAIL A VE and 1711 DALE A VE, City of South Bend, is sent to the Common Council with a favorable recommendation, and will issue written Findings of Fact. The staff comments related to this petition are attached. The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office and will be posted on our website once approved. If you have any questions, please feel free to contact our office. Sincerely, 9rlf% Timothy Staub Zoning Specialist Attachment CC: 2010 INVESTMENT GROUP David Njoroge Building Department Bob Palmer 19-25 Staff Report— BZA#0321-25 May 5, 2025 Property Information Location: 906, 912, 914 DUBAIL, 918 DUBAIL AVE and 1703, 1705, 1711 DALE AVE Owner: 2010 INVESTMENT GROUP Project Summary New duplex construction on vacant lots at the corner of Dale and Dubail. Requested Action Special Exception: to allow a two unit dwelling on each lot in U1 Urban Neighborhood 1 Site Location I as,M....011$ . ITIPPIr MEM JAIL ii UI--I_ i. WIC ., . 4ritii;or 40 4',••• j `- 4:AIL AVE 4 ii t ,i,#:. 1te, ` 4 y I 'Via s,' a 1 r.I Mtn''"\ k 1 6 1 t, ,41=',/ ill 17 4'' NONIN 7 1 0 - _ _ _ Ift,,, Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report—BZ.X#0321-25 May 5, 2025 Proposed Site Plan 26 0" 153'-6" v 1.1 m r Alley V1 QK Ol— Ol 8 o ig b 3rroo r 2 V — - o :_ I Ik_.—i o t rr•a' o 34•-0„—6,0-1 aal _.. 1 W . s1 1 o»N I. Q D I o 4 d b 1 rig s , 12,-0,. O Q 7lir I a 3. 41'-0' h 36'-0" 40'-6' N 36'-0" SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0321-25 5, 2025 Criteria for Decision Making: Special Exception A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; Approval of this Special Exception should not be injurious to the public health, safety, morals, and general welfare of the community. The project will feature newly constructed duplexes designed to be similar to the built form of the surrounding area. The construction of two unit dwellings on vacant parcels will provide more residents to the neighborhood which will increase safety and the 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; New duplex construction should not injure or adversely affect the uses or values of adjacent properties and the area around the buildings. The project is designed to blend with the built form of the surrounding area and will bring new residents to the area, providing housing on lots that are currently vacant. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The duplexes will further complement the existing housing stock, matching the scale and built form of the neighborhood and providing infill housing on vacant lots. The proposed use will provide more housing options for residents. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006) Objective H1.1: Encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. Analysis & Recommendation Analysis: The construction of new duplexes that are consistent with the built form of the surrounding neighborhood will bring new residents to the area and provide additional housing on lots that are currently vacant. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3 City of South Bend County-City Building 227 W.Jefferson Blvd. 14005 BOARD OF ZONING APPEALS South Bend,IN 46601 574) 235-7627 April 8,2025 Filed in Clerk's Office Common Council of South Bend Bianca Tirado 227 W.Jefferson Blvd,4'Floor City Clerk, South Bend, IN South Bend,IN 46601 Re:Bill#19-25: The petition of 2010 INVESTMENT GROUP seeking a Special Exception for a two unit dwelling on each lot in UI Urban Neighborhood 1 in the Ul Urban Neighborhood 1 for property located at 912 DUBAIL AVE and 914 DUBAIL AVE and 918 DUBAIL AVE and 1703 DALE AVE and 1705 DALE AVE and 1711 DALE AVE and 906 DUBAIL AVE and 1711 DALE AVE Dear Council Members: I hereby Certify that the above referenced petition of 2010 INVESTMENT GROUP was legally advertised on March 28, 2025,and that the South Bend Board of Zoning Appeals at its public hearing on April 7,2025,took the following action: Upon a motion by Caitlin Stevens,being seconded by Kaine Kanczuzewski and unanimously carried, a petition by 2010 INVESTMENT GROUP seeking a Special Exception for a two unit dwelling on each lot in U1 Urban Neighborhood 1 for property located at 912 DUBAIL AVE and 914 DUBAIL AVE and 918 DUBAIL AVE and 1703 DALE AVE and 1705 DALE AVE and 1711 DALE AVE and 906 DUBAIL AVE and 1711 DALE AVE,City of South Bend is tabled. If you have any questions,please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist Attachment CC: 2010 INVESTMENT GROUP David Njoroge Building Department Bob Palmer City of South Bend BOARD OF ZONING APPEALS Filed in Clerk's Office March 13, 2025 4f Honorable Dr. Oliver Davis Bianca Tirado 4th Floor, County-City Building City Clerk, South Bend, IN South Bend, IN 46601 RE: Special Exception at 906, 912, 914, 918 Dubail Avenue and 1703, 1705, 1711 Dale Avenue Dear Committee Chair Dr. Davis: Enclosed is an Ordinance for the proposed Special Exception at the above referenced locations. Please include the attached Ordinance on the Council agenda for first reading at your March 24, 2025, Council meeting and set it for public hearing at your April 14, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the April 7, 2025, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: A Special Exception to allow for the use of a duplex on each lot. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, ti/cch.,L. AT Kari Myers Zoning Specialist CC: Bob Palmer County-City Building 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 19-25 ORDINANCE NO. Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTIES LOCATED AT 906, 912, 914, 918 DUBAIL AVENUE AND 1703, 1705, 1711 DALE AVENUE COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow a two-unit dwelling on each lot NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 906 Dubail Avenue, South Bend, IN 46613. 018-7054-2032 912 Dubail Avenue, South Bend, IN 46613. 018-7054-2033 914 Dubail Avenue, South Bend, IN 46613. 018-7054-2034 918 Dubail Avenue, South Bend, IN 46613. 018-7054-203501 1703 Dale Avenue, South Bend, IN 46613. 018-7054-2036 1705 Dale Avenue, South Bend, IN 46613. 018-7054-2037 1711 Dale Avenue, South Bend, IN 46613. 018-7054-2039 Vacant lot, Dale Avenue, South Bend, IN 46613. 018-7054-2035 In order to permit a two-unit dwelling on each lot. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. 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. Canneth Lee, 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 2025, at _ o'clock p.m. Bianca L. Tirado, City Clerk Office of the City Clerk 2 - Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 3 - City of South Bend 2 27 W. Jefferson Suite 1400S BOARD OF ZONING APPEALS South Bend, IN 46601 zoning@southbei7din.gov Petition for Variance - Special Exception Property Information Tax Key Number: see attached list Address: corner of Dale and Dubail - see attached list Owner: 2010 Investment Group Ilc Zoning: U1 Urban Neighborhood 1 Project Summary: The plan involves constructing a duplex along with an accessory dwelling unit (ADU) on the lots situated at the corner of Dale and Dubail. The project aims to develop approximately 18 to 20 apartment units. Additionally, it will feature 20 to 28 parking spaces. Please refer to the attached site plan Requested Action Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested:Duplex + ADU Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 1) For Building 1 and 2 in siteplan, From the minimum rear setback of 20' to 8' 2) To allow an ADU in a U1 zoning district when the owner does not occupy a dwelling on the premises Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Recluned Documents ElCompleted Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale Q Filing Fee 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 project will follow local building codes. In addition, follow the guidelines set under U1 zoning standards. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The minimum rear setback variance request only applies to 2 empty lots that do not have access to alley. There will be a 5' or more set back all around the new building. The project also provides plenty of parking. The extra parking prevents overcrowding Dale and Dubail Streets 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: The proposed use will be new and bold but consistent with the character of the district. The proposed use will also compliment the surrounding houses, schools, churches and businesses. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: it fills in existing empty lots Criteria for Decision Making Variance(s) - if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: The project will follow local building codes. In addition, follow the guidelines set under U1 zoning standards. 2)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: The minimum rear setback variance request only applies to 2 empty lots that do not have access to alley. There will be a 5' or more set back all around the new building. The project also provides plenty of parking. The extra parking prevents overcrowding Dale and Dubail Streets 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: it will not. Just seeking the best use of the two empty lot's that do not have alley access. 4)The variance granted is the minimum necessary, because: Keep the design consistent. Maximize the use two lot's that do not have alley access. 5)The variance does not correct a hardship caused by a former or current owner of the property, because: Construction has not started. Contact Information Property owner(s) of the petition site: Name: David Njoroge Address: 3131 Springbrook Drive South Bend, IN 46614 Name: Address: Name: Address: Contact Person: Name: David Njoroge Address: 3131 Springbrook Drive South Bend, IN 46614 Phone Number: 5742109633 dnjoroge55@yahoo.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: 3/6/2_02 1\-1/ W/A- WIYA List of._..arop_erties - Special Exception Petition - 20.10 Investment Group llc Corner or Dubail and Dale 912 E Dubail, South Bend, IN 46613 ParcellD-018-7054-2033 LegalDesc- Lot 81 Oak Park 2nd Add 914 E Dubail, South Bend, IN 46613 ParcellD-018-7054-2034 LegalDesc- Lot 80 Oak Park 2nd Add 918 E Dubail, South Bend, IN 46613 ParcellD-018-7054-203501 LegalDesc - N 108 Ft. Lot 79 Oak Park 2nd Add. 1703 Dale, South Bend, IN 46613 ParcellD-018-7054-2036 LegalDesc- N End Lots 77-78 Oak Park 2nd Add 1705 Dale, South Bend, IN 46613 ParcellD-018-7054-2037 LegalDesc-S 36 Of N 72 Lot 77-78 Oak Park 2nd 1711 Dale, South Bend, IN 46613 ParcellD- 018-7054-2039 LegalDesc-40.5' S End Lots 77 78&79 Ex 10' W End S 40' Lot 79 Oak Park 2nd 906 E Dubail Ave, South Bend, IN 46613 ParcellD-018-7054-2032 LegalDesc- Lot 82 Oak Pk 2nd Add ParcellD-018-7054-2035 LegalDesc - Lot 79 Ex 108 Ft N End &Ex 30 X 40.5 Ft Se Cor Oak Park 2nd Add 111111 1 3 i..,''' 4.,no 1. it lk end°^'' 1. 9441. _- e. arr..r•. - A f t t 1 City of South Bend BOARD OF ZONING APPEALS May 6, 2025 Common Council of South Bend 227 W. Jefferson Blvd, 4 th Floor South Bend, IN 4660 I County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 Filed in Clerk's Office MtY O 6 2025 Bianca Tirado City Clerk, South Bend, IN Re: Bill #24-25: The petition of A & M WIRELESS INC seeking a Special Exception for a Restaurant use in the UF Urban Neighborhood Flex for property located at 1702 WESTERN A VE Dear Council Members: I hereby Certify that the above referenced petition of A & M WIRELESS INC was legally advertised on April 25, 2025 and that the South Bend Board of Zoning Appeals at its public hearing on May 5, 2025 took the following action: Upon a motion by Francisco Fotia, being seconded by Caitlin Stevens and carried, a petition by A & M WIRELESS INC seeking a Special Exception for a Restaurant use for property located at 1702 WESTERN A VE, City of South Bend, is sent to the Common Council with a favorable recommendation, and will issue written Findings of Fact. The staff comments related to this petition are attached. The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office and will be posted on our website once approved. ff you have any questions, please feel free to contact our office. Sincerely, vr� Timothy Staub Zoning Specialist Attachment CC: A & M WIRELESS INC Jessy Singh Building Department Bob Palmer 24-25 Staff Report— BZA#0325-25 May 5, 2025 Property Information Location: 1702 WESTERN AVE Owner: A & M WIRELESS INC Project Summary The property consists of two store fronts. One store front is vacant. The owner is in negotiations with a tenant to fill the vacancy with an ice cream shoppe and restaurant. Requested Action Special Exception: to allow a Restaurant use Site Location air W WESTERN AVE v 1 ri- i cif. A, r i Y dEfir-2111 kr A.2:--- Illimaso 0 , . A- eIIIIIIIIhhI' e Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation with the condition that all improvements to bring the building and site up to zoning compliance are completed within 6 months of approval. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report—BZA#0325-25 May 5, 2025 Proposed Site Plan RAksK, cv S, X, i.....w f. o': 5 it---, V) i- J tl q E P.:\\:: lir P F 1 N 1 i] li'if ?N,, E. 3 a i r SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report—BZA#0325-25 May 5, 2025 Criteria for Decision Making: Special Exception A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The proposed use should not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare as any proposed restaurant 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. The building was designed and has historically been utilized as retail/service space and the introduction of a restaurant will activate the building and enhance the neighborhood by offering a new local amenity. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The parcel is located on busy Western Avenue across the street from large retail and industrial uses. The proposed use as a small scale restaurant is consistent with the surrounding traditional neighborhood development pattern of OF and U3 and will serve to enhance the area. 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 and other locations identified on the Future Land Use Map. Analysis & Recommendation Analysis: The building was designed and has historically been utilized as retail/service space. Introducing a restaurant will activate the building and enhance the neighborhood by offering a new local amenity. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation with the condition that all improvements to bring the building and site up to zoning compliance are completed within 6 months of approval. SOUTH BEND BOARD OF ZONING APPEALS Page 3 o1 3 City of South Bend BOARD OF ZONING APPEALS Filed in Clerk's Office April 8, 2025 Bianca Tirado Honorable Dr. Oliver Davis City Clerk,South Bend, IN 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1702 Western Avenue BZA#0325-25 Dear Committee Chair Dr. Davis: Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your April 14, 2025, Council meeting and set it for public hearing at your May 12, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the May 5, 2025, South Bend Board of Zoning Appeals meeting.The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: Special Exception to permit the use of a restaurant The full petition is attached for your reference. Changes may occur between the filing and the public hearing.Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer County-City Building 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 24-25 ORDINANCE NO. Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1702 WESTERN AVENUE COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow a restaurant use NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1702 Western Avenue, South Bend, IN 46619. 018-4012-0391 In order to permit restaurant use SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. 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. Canneth Lee, 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 2025, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - City of South Ben°227 W. Jefferson - Suite 1400S South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 71-08-10-428-015.000-026/ 018-4012-0391 Address: 1702 West Western Avenue South Bend, Indiana 46619 Owner: A & M Wireless Inc. Zoning: OF Urban Flex Project Summary: The property consists of two storefronts. One is storefront is vacant. The owner is in negotiations with a tenant to fill the vacancy with an ice cream shoppe and restaurant offering Mexican-American ice cream, desserts, and some hot food in a cafe setting. Requested Action E Special Exception/ Use Variance— complete and attach Criteria for Decision Making Use requested:Restaurant Variance(s) - List variances below, complete and attach Criteria for Decisio ipg Variance(s) requested: V 2025 er Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Required Documents j] Completed Application (including Criteria for Decision Making and Contact Information) Q Site Plan drawn to scale 0 Filing Fee 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: it would be consistent with the retail character of the building and neighborhood. The building presently is used for retail mobile phone sales in its occupied storefront. The proposed use would replace the vacant storefront with a family-friendly, attractive addition to the neighborhood. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: the building has been used for commercial purposes for years. Reinvesting in the building by filling a vacancy with an attractive tenant would improve the site and adjacent area. 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: the site is located along a commercial corridor that contains a mix of uses including commercial storefronts and other restaurants. The restaurant use would be consistent with the existing character of the Western Avenue corridor. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: the proposed use is consistent with the vision of South Bend 2045 by increasing quality of life and engagement with businesses and also by promoting the vibrancy of city neighborhoods. Contact Information Property owner(s) of the petition site: Name: A & M Wireless Inc. Address: 1702 West Western Avenue South Bend, Indiana 46619 Name: Address: Name: Address: Contact Person: Name: Jaswinder "Jessy" Singh Address: 740 South Main Street Elkhart, Indiana 46516 Phone Number: ( 574) 904-0505 jessysingh0505@gmail.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: May 6, 2025 City of South Bend Con1m unity Investment South Bend Common Council City of South Bend 22 7 W. Jefferson Blvd. South Bend, lN 4660 I Filed in Clerk's Office M.f:Y O 6 2025 Bianca Tirado City Clerk, South Bend, IN RE: Resolution to approve the issuance of a Scrap MetaV Junk Dealers/Recycling Operation license pursuant to Section 4-51 of the South Bend Municipal Code. Dear Honorable Council Members: A renewal application for the operation of Scrap Metal/ Junk Dealers/ Recycling Operations has been received. in accordance with the procedure for the renewal of city business licenses this application was submitted to the Police Department, Fire inspection Bureau, Neighborhood Resources, and the Zoning Department for their review and recommendation. The following property was inspected and received favorable recommendations regarding fire, code, and environmental compliance, also for proper maintenance of the premises, and the height and condition of the fence. Alternative Two LLC -700 W. Chippewa Ave. SBPD PROCESS -investigates each applicant and makes a recommendation as to whether the license should be granted. SBPD considers the criminal history, if any, and the likelihood that granting the license will endanger the health, safety, or welfare of the public. •Ensure applicant does not have any warrants or wants with SBPD. •Verify the applicant is not involved in any criminal investigations. •Applicants must electronic report to SBPD on a daily basis. •Video Surveillance required.SBPD found nothing considerable to warrant that the application be denied. As a result, SBPD recommends that the license be issued. CODE-Determines whether such premises are fit & proper for the maintenance & operation of such a business. •Fencing is in good condition; verified by Code &Zoning. •ls there litter or debris around the exterior part of the business.Excellence Accountability Innovation Inclusion Em powerm en t Visit County-City Building 227 W Jefferson Blvd, Suite 1400 S South Bend, IN 4660 I Phone 3 I I inside City limits (574)233-0311 outside City limits Em ail: 31 l@;outhbendin.gov Website: Southbendin.gov 25-27 yam` City of South Bend Comin unity lnvestment Are there improperly parked vehicles. Are there any environmental issues. SBFD- Determines whether such premises are fit &proper for the maintenance &operation of such a business. Ensure there are no combustible materials,and all inflammable materials must not be stored on premises. Storerooms&garages must be free from rubbish,waste materials,old rags &paper. Oil,gasoline,oily waste and other greasy material must be stored in metal waste cans. Proper number of fire extinguishers must be in close proximity to areas within such scrap or junkyards..wherein trash,metal or other waste materials may be burned,&keep &maintain therein an unobstructed fire truck lane of at least 10 feet in width into such yard from the main entrance. Ensure waste oil containers are double lined or have secondary containment with some sort of berm around the tanks to keep them from being hit by vehicles. If hot work(welding or cutting)is being done on the premises it must be set up away from the oil storage area&other combustibles. ZONING— Verifies the use of the property is allowed. Each property is considered a legal nonconforming use. ENVIRONMENT—None of the properties have active notices of violation. All reviewing agencies found the property to be compliant and recommends the license be issued. Because the applicant has met all the requirements of the ordinance,the attached resolution is respectfully submitted for your consideration. Sincerely, 414m0 Michelle Adams Business License Administrator Excellence Visit Phone County-City Building 311 inside City limits Accountability 227 W Jefferson Blvd,Suite 1400 S 574)233-0311 outside City limits Innovation South Bend,IN 46601 Inclusion Em ail:311 gsouthbendin.gov Empowerment Website:Southbendin.gov Filed in Clerk's Office 0 6 2025 BILL NO. 25-27 Bianca Tirado RESOLUTION NO.City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS LICENSE FOR CALENDAR YEAR 2025 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers,junk dealers, and recycling operations; and WHEREAS, on May 6, 2025, the Business License Administrator provided written notice to the City Clerk that the following business: Alternative Two LLC—700 W. Chippewa Ave. has been approved for Scrap Metal Dealer, Junk Dealer, and/or Recycling Operations License for the year 2025; and WHEREAS, the license application for the above-referenced businesse received favorable recommendations from Neighborhood Resources,Zoning Department,Police Department, and the Fire Prevention Bureau. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The license application for the following business: Alternative Two LLC—700 W. Chippewa Ave. Is approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the property by Neighborhood Resources, Zoning Department, Police Department, and the Fire Prevention Bureau as evidenced by the Business License Administrator's communication to the City Clerk dated May 6, 2025. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Canneth J. Lee, 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 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana For as municipal business license questions,contact: City of South Bend•Ordinance Violation Bureau 227 West,efferson Blvd•Suite 455*South Bend,Indiana 46601•574.235.6052•f 574.235.9173 Vr LICENSE APPLICATION FOR-SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS Filed in Clerk's Office CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION -4-51 P?AY 0 6 ?O'5 Bianca Tirado City QI2rk,South Bend, IN I.APPLICATION TYPE Check One: New Renewal A.Scrap Metal Dealer Junk Dealer Recycling Operation_ II. BUSINESS DATA 11nn T A. Business Name: I[ yy' V lam 1( U a B. Business A Tess: City: State: I&) Zip: C. Mailing Address(If different from above). City: State:" V T Zip: D. Business Telephone Number:-t15 4 -caC1"at1 - 55c E. Business Fax Number: q-o F. E-Mail Address: YIexQS.hel Ie.0:94ib,Y,(1 G. Zoning of Proposed Business Location L l L (5r r H. How long has the business been in continuous operation: l;{•r5 I.Lot Size of Premises: I J IC•17S J. Type of Fencing Used: __ ott,9 re_- Gi_I(k/1 al K. Is the Property Owned or eased by the Applicant: j)(AD G Lc=,1 1. Name of Owner if Property is Leased: , q / 2. Business Address of Owner: J t(C L)IJ. l L tt t::k)! .-1tT1r1 1'Jt1)0 Please Continue to Page 2(back of sheet) Q— 9 A50 , FEB 0 3 7(r) For o lce Use Only APR 2 4 2025ApplicationFiledFireDept.Approval Application Fee PaicfEB 0 3 nitiiDept.Approval Fhb 0 6 2025 Sent to Dept. FED ' Code Enforcement F EB 1 7 7f7s Police Dept. Records Approva Police Dept.Crime Prey.Approval Common Council Ap rrovval Code Enforcement License Number . (._d gO. 5-007 License Fee Paid Not Approved Reason 1 For all municipal business license questions,contact: City of South Bend•Ordinance Violation Bureau 227 West Jefferson Blvd•Suite 455*South Bend,Indiana 46601•574.235.6052•F:574.235.9173 LICENSE APPLICATION FOR —SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION -4-51 III. PERSONAL DATA A.Applicant's Legal Name: Ct pLL 1 B.Residential Address:eeo() W . L ' City: 3°M j)n State:.J j Zip: "C (O Io t - C. Residential Telephone Number: 5-744- .qq -0SScr D.Cellphone Number: q' q j 4(0 E. G. I. Position with Business Iinn IV. INCLUDE,WITH APPLICATION,A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES,BUILDINGS, PARKING SPACES, LOADING DOCKS,FUEL STORAGE,AND LANDSCAPING. V.INCLUDE$5.00 PROCESSING FEE WITH APPLICATION VI.AFFIRMATION I, hereby,certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer/Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code,Section 4-51. jet, i&ait/tife4.p/ RV Signature Date 2 t t 11 ovilik ti . S A Y I Tiii. 'F. si eI " 'SIN '''' . 4. s s d t 1, loll --p-I!. li t a A Y^ Y IMO i 1 8cafp1 i ir. V L lit ir t.4115.0. 4. .' Y.. W, 1 jjouf$ t I \ . ‘ ea#'4 t - - 2- 2• 1 y1 1.,E w i 4 4 ~yqY{ 1, L i4 yj Michelle Adams From: Kari Myers Sent: Wednesday, February 5, 2025 4:30 PM To: Michelle Adams Subject RE: Scrap Metal Dealer App. Michelle- Alternative Two—700 W. Chippewa Ave. —The property located at 700 W.Chippewa Ave. is zoned I Industrial and a Scrap Metal Dealer use is not allowed by right in this district,however,the current use has been in continuous operation prior to the adoption of our current Zoning Ordinance and is therefore considered legal non- conforming. Any outdoor storage of material needs to remain below the fence line. Let me know if you have any questions. Cart Ayers Zoning Specialist Department of Community Investment 227 W.Jefferson Blvd.,Suite 1400 S. llt' '. South Bend,IN 46601 574)235-5932 www.southbendin.Qov/zoning We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment From: Michelle Adams<madams@southbendin.gov> Sent:Wednesday, February 5, 2025 3:53 PM To: Kari Myers<kmyers@southbendin.gov> Subject:Scrap Metal Dealer App. Good afternoon Kari, RE: Alternative Two-700 W. Chippewa Ave. Attached is a Scrap Metal Dealer renewal application for your review and recommendation. Thank You, gcr_K-.241icheQe Adams bCity of South Bend Business License Administrator Department of Community Investment 227 W. Jefferson Blvd.,Suite 1400 S. South Bend, IN 46601 574)235 5912 1 Michelle Adams From: Jim Wood Sent Thursday. February 13. 2J25 12:13 PM To: Michelle Adams Subject: Alternat ve Two 700 Chippewa Michelle. This one is good to go. Thanks, Jim Sent from the iPad of Jim Wood Chief Inspector Neighborhood Services anc Enforcement City of Sou.h Bend 00. 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Pi. 4 440 I i.:11• ,,'1.i,•,4,..... :II I I I 1 4....` 1:1 I 1 1 f., 0 ^`• kat I.I 4 M itto. 0 '' ••, At 4,111 CO I 1.4..0.. 1• '‘ Mt 1 1 I I I' gi. I 4 0..... 1 1 :1 N.s...10: rft 't lb OM= I 1 d, ;.-...::.-•••.41.1 1111, -......---• e j .......... ........_ 40'0117r 1‘.)10. ..7,:%\—. .7.-. 14 1 iblr . L.s%7: N 11,.. ...... ....‘ - 11 L.... 111,,'.VP 4 q...-.2, -,.. . . ... _. to, Y 174?„ lt a I 1) 46\ i \ i VI I s07'./.• 4 I. I s i f. ii i• 1.Y t 1# ; 1. i 4 i i 44i n i:i--- 45.7,- .0 e • .114; 7--i446- , •• , 1 4 ' IV 14.,.-r.,... 4 1 • y. ' 1 1•Y.-Wilk i V•, i I 5.11:C ' • ' 411111 Simi POLICE DEPARTMENT SCRAP YARD INVESTIGATION FORM DATE: 02/10/25 BUSINESS NAME:Alternative Two LLC BUSINESS ADDRESS: 700 W. Chippewa APPLICANT NAME:Kenneth Schumacher 1. Pursuant to Sec.4-51(e)(2)of the South Bend Municipal Code,the SBPD considered the criminal history of the applicant,if any,and the likelihood that granting the license will endanger the health,safety or welfare of the public. A report of the investigation and a copy of the traffic and police record of the applicant, if any,and the recommendation of the Police Department shall be attached to the application and forwarded to the Business License Administrator. Comments: Nothing of concern 2. Pursuant to Sec.4-51(f)SBPD Property Nuisance Officer verified compliance with all noise regulations set forth in Sec. 13-82 of the South Bend Municipal Code. Comments:No calls for service reference loud noise regulations 3. Pursuant to Sec.4-51(q)SBPD verified there is video surveillance monitoring all business transactions (if applicable). 4. Pursuant to Sec.4-51(k)(1)SBPD Records Division verified the applicant is maintaining a physical sales report of scrap metal and/or valuable metals. Each dealer or operator must keep and preserve data on or through an electronic or computer data system database daily for the preceding 24-hour period of all purchases of any scrap metal and valuable metal items, unless exempted by ordinance. Such information shall be sent via electronic forms of transmission to the SBPD using the Records Management System, Leads Online. (if applicable) comments: This business is not registered with leads online. eurr rt tc t cg crs. o r1.on-c c(+}('? 6uSCi IUSc SKtfiLS : Onlf rt tt is 1 ncn9 i+l rnS After reviewing Police records for the applicant and business address,the SBPD recommends the license be(circle one)granted/denied. 9eArla Joga, 02//o/25 Officers Name and Title 4'43/40.V:1/AM hermits 5^pPrr-o• Done t^ Permit 700 W. Chippewa Ave. ISSUED Applicant Name,alternative x caws Permit NLmbar Scrap Metal License tsIOEo 700 W.Chippewa 71•r.Alternative 2 LLC 70C W.Chtppew J:Iur 700 W Chippewa ST South Bend IN 46614 700 W Chippewa' County:St.Joseph isstilo 700 W Chip.- Co'cacti Application Filed 02/04/2025 lirmEffective 04/23/2025 Expiration 04/23/2026 Authorised 04/23/2025 Autnorrzaa ny Jeff Yoder IssJec 04/23/2025 lisueu By Jeff Yoder Checklists 1 Passed.0 Failed,0 Not Applicable lrr.B_''at)dlst;• SCR2025-007 Exp.Jan.31st Please inspect within 10•days. 700 W Chippewa Ave Alternative Two_Redacted.pdfaView r, CI rt.....,......,....,;r....,.r...........-Ir.,.....LO,........11.1-.10n-...,.tG G 9t nSC...nOcc hf7..n11C..C4^n 1/1 South Bend Fire Department Inspection Report 12:2 S.Michigan St AO Alternative 2 LLC-700 W Chippewa AVE,BLDG Alternative 2.South Bend IN 46614- 3712 INSPECTION DETAILS nspeetion Date inspection Type inspection Number 04/17/2025 Scrap Metal Dealers/Junk Dea/ers/Recycling rREINSPECTI 7234-R4 Lead Inspector Shift Station Unit Jeff Yoder N/A Station 5 N/A Other Inspectors N/A SUMMARY OF INSPECTION 0 0 1 0 0 Passed codes Resolved violations Failed codes NEXT STEPS Please direct questions about your Inspection to: Reinspection Date Jeff Yoder 04/17/2026 jyoder@southbendin.gov FEE invoice Date Inspection Fee Date Paid Amount Paid N/A invoice Number Check Number Transaction Number N/A N/A WA GENERAL NOTES Jeff Yoder-04/01/2025 15:05 Waiting on Rob from Kropp fire protection services to inspect new valve. SIGNATURES Contact signature Inspector signature c/ Ken Schumacher 04/17/2025 Jeff Yoder 04/17/2025 CHECKLISTS Reinspection Status Code Description Resolved 90L6 9 Fire detection,alarm,and extinguishing systems,mechanical Location:Riser smoke exhaust systems,and smoke and heat vents shall be Comments:Replace water flow indicator valve maintained in an operative condition at all times,and shall be replaced or repaired where defective.Nonreguired tire protection systems and equipment shall be inspected.tested and maintained or removed. u,.,: tea...... w _,« ter..w.•Y11iiLL.. J.._ I hs -_ rw . ASram•.• s >• .. a .r .,...•..,. Michelle Adams From: Skip Morrell Sent: Wednesday, March 5, 2025 12:45 PM To: Sarah Schaefer; Elizabeth Maradik;Abby Wiles;Jim Wood; Kenisha L.Wells; Michelle Adams; Erik Glavich; Kari Myers; Michael Divita; Tim Corcoran Cc: Caleb Bauer Subject Re: Follow-up f'om business license compliance meeting Attachments:Scrap Metal Review - Zoning Compliance.pdf; Buffer Types.pdf Hi all, Jim and I visited scrap the metal sites to observe fencing. Along many property lines a buffer would not be required by zoning since the lots abut other I Industrial sites.Where a buffer would be required,fencing was legal non-conforming in every case and would require an upgrade (adding shrubs, trees, or made solid)to meet current standards. I put together a visual document to show what the zoning ordinance would require at each site and current conditions. I've also attached the page from the ZO that calls out various buffer types. Best, Skip Morrellrt- jO 4\, Principal Development Planner oj City of South Bend Department of Community Investment-Zoning amorrell@southbendin.gov 574)235-7625 From:Sarah Schaefer<sschaefer@southbendin.gov> Sent:Tuesday, February 25, 2025 5:18 PM To: Elizabeth Maradik<emaradik@southbendin.gov>; Abby Wiles<awiles@sjcindiana.gov>;Jim Wood jwood@southbendin.gov>; Kenisha L. Wells<kwells@southbendin.gov>; Michelle Adams madams@southbendin.gov>; Erik Glavich <eglavich@southbendin.gov>; Skip Morrell<amorrell@southbendin.gov>; Kari Myers<kmyers@southbendin.gov>; Michael Divita <mdivita@southbendin.gov>;Tim Corcoran tcorcora @southbendi n.gov> Cc:Caleb Bauer<cbauer@southbendin.gov> Subject: Follow-up from business license compliance meeting Thank you for meeting today to discuss compliance and enforcement for business licenses. Here are the follow-up items we discussed: Filed in Clerk's Office ttW O 6 2'.J:5 Bianca Tirado City Clerk, South Bend, IN CITY OF SOUTH BEND DEPARTME T OF COMMUNITY lNVESTME T Councilmember Canneth Lee President South Bend Common Council County-City Building, 4th Floor South Bend, Indiana 4660 I May 7, 2025 Council member Troy Warner Chairperson Community Investment Committee South Bend Common Council County-City Building, 4 th Floor South Bend, Indiana 4660 I RE: Resolution No. 25-28 -A Resolution of the Common Council of the City of South Bend, Indiana, Approving the Issuance of Tax Increment Revenue Bonds of the Redevelopment District of the City for the Purpose of Providing Funds for the Costs of Certain Local Public Improvements that Support Residential Housing Development and All Matters Related Thereto Dear President Lee and Councilmember Warner, Please find attached Resolution No. 25-28, which has been filed for the Common Council's consideration pursuant to Section 25.1 of Indiana Code 36-7-14. If adopted, the resolution would authorize the issuance of bonds with a principal amount not to exceed $2.57 million. Proceeds from the bonds would support infrastructure for a planned residential development at the former Drewrys Brewery site and adjacent Portage Elwood shopping plaza. The planned infrastructure, including but not limited to, utilities, streets, and sidewalks, will allow for the development of at least 110 mixed-income single-family and multi-family housing units. None of the currently existing infrastructure on the project site is suitable for residential development, and significant infrastructure investment is needed to enable redevelopment to move forward. In December 2024, the City of South Bend applied for a Residential Infrastructure Fund (RIF) loan in the amount of $2.57 million through the Indiana Finance 1400 COUNTY-CITY BUILD! G • 227 W. JEFFERSON BOULEVARD· SOUTH BE D. I DIA A 4660 I PHONE 574/235-5898 • FAX 574/235-9892 • TTY 574/235-5567 25-28 Authority (IFA). On January 22, 2025,the City was informed by IFA that the loan application was approved. Through the RIF program,the funds provided by the IFA would be made available to the City through IFA's purchase of Redevelopment District Bonds issued by the South Bend Redevelopment Commission. RIF loan funds can be used to support the project such as continued environmental remediation and demolition of structures at the Drewrys site and Portage Elwood shopping plaza,the construction of new streets, curbs, sidewalks, and tree lawns, the construction of a storm sewer system,the installation of sanitary sewer lines, the installation of water main lines and a lateral connection system, and the installation of street lighting. On April 24, 2025, the Redevelopment Commission approved and adopted its resolution authorizing the issuance of tax increment revenue bonds for the purpose of financing the cost of certain local public improvements for the Drewrys site project. Indiana Code requires the Common Council to provide its authorization before the bonds can be issued. Adoption of Resolution No. 25-28 by the Common Council would enable the City to access the RIF loan funds provided by IFA. Debt service on the bonds would be paid through Tax Increment Financing revenues collected in the River West Development Area. The current interest rate as established by the IFA is 3.15 percent, and interest-only payments would begin six months after IFA purchases the bonds. Payments on principal would begin 12 months following substantial completion of the project. Final maturity of the bonds will be no later than 20 years from the date of issuance. The Drewrys site residential housing development will lead a transformation of a blighted area in the northwest part of the City into a vibrant residential area located near amenities such as the Coal Line Trail. We have made significant progress in the past few years to prepare the site for redevelopment: the City partnered with the Environment Protection Agency to remediate potential contamination, resulting in a site certified as clean by the agency in 2023. The City has been demolishing remaining buildings and removing debris in preparation for redevelopment of the site. Access to potential funding sources such as the RIF loan is key to ensuring this historic project can move forward as planned. Sincerely, Caleb Bauer Executive Director Department of Community Investment CC: South Bend Redevelopment Commission Sandra Kennedy, Corporation Counsel Filed in Clerk's Office BILL NO. 25-28 MAY 0 6 2025 RESOLUTION NO. Bianca Tirado City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING THE ISSUANCE OF TAX INCREMENT REVENUE BONDS OF THE REDEVELOPMENT DISTRICT OF THE CITY FOR THE PURPOSE OF PROVIDING FUNDS FOR THE COSTS OF CERTAIN LOCAL PUBLIC IMPROVEMENTS THAT SUPPORT RESIDENTIAL HOUSING DEVELOPMENT AND ALL MATTERS RELATED THERETO WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana (the "District"), exists and operates under the provisions of Indiana Code 36-7-14, as amended from time to time (the"Act"); and WHEREAS, with the approval of the Common Council (the "Common Council") of the City of South Bend, Indiana(the"City"), the Commission has previously designated and declared an area in the City known as the River West Development Area as an economic development area the"Area") and designated portions of the Area from time to time as allocation areas pursuant to Section 39 of the Act (each such allocation area within the Area, excluding the Riverwalk Allocation Area designated by Resolution No. 3627 adopted by the Commission on January 9, 2025, an"Allocation Area" and collectively, the"Allocation Areas"); and WHEREAS, the Commission has previously created an allocation fund for each of the Allocation Areas (each an "Allocation Fund and collectively, the "Allocation Funds"), and has provided that tax increment revenues derived from each respective Allocation Area(collectively, the"Tax Increment') shall be deposited into the respective Allocation Fund; and WHEREAS, the Commission has adopted Resolution No. 3637 at a meeting held on April 24, 2025, (the "Bond Resolution"), determining to issue tax increment revenue bonds of the District (the "Bonds") for the purpose of financing the cost of certain local public improvements in or serving the Allocation Areas that support the redevelopment of the Drewrys Site located at 1408 Elwood Avenue in the City (the"Project Site") into a new residential housing development, including without limitation (i) continued environmental remediation of the Project Site, (ii) the construction of new streets, curbs, sidewalks and tree lawns, (iii)the construction of a storm sewer system, (iv) the installation of sanitary sewer lines, (v) the installation of water main lines and a lateral connection system and(vi)the installation of street lighting,(items(i)through and including vi), collectively, the "Project") and to pay related and incidental expenses to be incurred in connection therewith and on account of the issuance of the Bonds; and WHEREAS, pursuant to the Bond Resolution, the Commission has determined that the principal of and interest on the Bonds shall be paid solely out of Tax Increment pledged therefor, on parity with the 2020 Obligation(as defined in the Bond Resolution) and senior to the payment of the Junior Obligations (as defined in the Bond Resolution), and any legally available revenues of the Commission; and WHEREAS, the Commission may enter into a Residential Housing Infrastructure Financial Assistance Agreement with the Indiana Finance Authority (the "IFA Program") as part of its residential housing infrastructure assistance program, established and existing pursuant to Indiana Code 5-1.2-15.5,which would then permit the Commission to sell the Bonds to the Indiana Finance Authority under the IFA Program; and WHEREAS, Section 25.1 of the Act requires the approval of the legislative body of the City before the Bonds may be issued and the Common Council as the legislative body of the City now desires to approve the issuance of the Bonds; and NOW,THEREFORE,BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. All of the stated"WHEREAS"clauses are incorporated herein by reference. SECTION 2. The Common Council hereby approves the issuance of the Bonds to apply to the costs of the Project,the funding of a debt service reserve to secure the payment of the Bonds, if necessary, and the incidental expenses in connection therewith and the issuance of the Bonds, upon the following conditions: (a) the maximum aggregate principal amount of the Bonds shall not exceed $2,570,000; (b)the final maturity of the Bonds shall not be later than twenty(20)years from the date of issuance; (c) the maximum interest rate on the Bonds shall not exceed five and one-half percent (5.5%) per annum; (d) the Bonds may be made redeemable at the option of the Commission,in whole or in part, in any order of maturities selected by the Commission and by lot within a maturity, on dates and with premiums, if any, and other terms as determined by the Commission with the advice of the Commission's municipal advisor, and (e) payment of interest on the Bonds will not be capitalized. The Bonds are, as to both principal thereof and interest thereon,obligations of the District, as a special taxing district,payable solely out of Tax Increment pledged therefor, on parity with the 2020 Obligation and senior to the payment of the Junior Obligations, and any legally available revenues of the Commission as described in the Bond Resolution. SECTION 3. The proper officers of the City are hereby authorized and directed, for and on behalf of the City, to execute and deliver any contract, agreement, certificate, instrument or other document and to take any action as such person determines to be necessary or appropriate to accomplish the purposes of this Resolution, such determination to be conclusively evidenced by such person's execution of such contract, agreement, certificate, instrument or other document or such person's taking of such action. SECTION 4. This Resolution shall be in full force and effect from and after its adoption by the Common Council and upon compliance with the procedures required by law. SIGNATURE PAGE FOLLOWS] PASSED, by the Common Council of the City of South Bend, Indiana, this 12th day of May, 2025. Canneth J. Lee, 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 2025, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana DMS 47136099v2 * * * Cu111eth Lee Pre. ide11t Rachel Tomas Morgan \'ice President Troy \Varner Chairperson, Committee or the \ Vholc Cumeth Lee First District Ophelia Gooden-Rodgers Sern11d District Sharon L. McBride Third District Troy \ Varner Fourth District Sherry Boldrn-Simpson Firth District Sheila Niezgodskj Si.xth District Dr. Oli,-cr Da,·is At [,;u·ge Had1el Tomas Morgan Al Large Karrn L. \\'hite At Large City of South Bend Common Council 1.LI Cou11ty-City Buildi11g • 227 \V.Jeffcrso11 Bl\'CI South Brnd, l11dia11a 1-GGOI Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN May 8, 2025 South Bend Common Council Attn: Council Member Gooden-Rodgers 4th Floor, County-City Building South Bend, IN 46601 RE: SUBSTITUTE BILL NO. 25-29 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL ESTABLISHING THE TERMS OF THE INITIAL MEMBERS OF THE COMMUNITY POLICE REVIEW BOARD Dear Chairperson Gooden-Rodgers: I have attached a substitute bill No. 25-29. The only change in this substitute is to identify the Council Member who nominated each Community Police Review Board member. Please file this substitute proposed resolution and place it on the agenda for the Community Relations Committee meeting for May 12, 2025, and the full Council meeting later that evening. Thank you for your consideration. Sincerely yours, �p�, Canneth Lee, President South Bend Common Council (.S7 1-) 2:·t'i-!l:·!21 • Fa.x (.'i7 1-) 2:l.i-917:·l • TDD (57 (.) 2:·l5-.'i.'i(i7 • http://m1w.southbe11din.go,· 25-29 Filed in Clerk's Office SUBSTITUTE BILL NO. 25-29 Y U 8 2O 5 Bianca Tirado RESOLUTION NO. City Clerk, South Bend, IN A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL ESTABLISHING THE TERMS OF THE INITIAL MEMBERS OF THE COMMUNITY POLICE REVIEW BOARD WHEREAS, Section 2-12.1.13(a)(2) of the South Bend Municipal Code addressing the Community Police Review Board provides: The initial Review Board shall be composed of three (3) Members appointed to a one (1) year term; three (3) Members appointed to a two 2) year term; and three (3) Members appointed to a three (3) year term.. NOW,THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend establishes the following initial terms for appointments to the Community Police Review Board: District 1: Sherria Williams (3-year term) (President Lee) District 2: Komonique Thomas (3-year term) (Council Member Gooden-Rodgers) District 3: Kelly Johnson(2-year term) (Council Member McBride) District 4: LuElla Webster(2-year term) (Council Member Warner) District 5: Roxanne Hughes (2-year term) (Council Member Bolden-Simpson) District 6: Donna McMahon(1-year term) (Council Member Niezgodski) At-Large- District Joseph Adams (1-year term) (Council Member White) At-Large - District Cheryl Ashe(3-year term) (Vice-President Tomas Morgan) At-Large—District Vacant(1-year term) (Council Member Dr. Davis) Canneth J. Lee, 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 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana City of South Bend Filed in Clerks Office Common Council I II County-City Building• 227 W.Jefferson 111v,1 South Bend, Indiana 46601 Bianca TiradohBend,City Clerk, South Bend, IN Canneth Lee May 7, 2025 President South Bend Common Council Rachel Tomas Morgan Vice President Attn: Council Member Gooden-Rodgers Troy Warner 4th Floor, County-City Building Chairperson, Committee South Bend, IN 46601 of the Whole RE: A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL C<uiiieth Lee ESTABLISHING THE TERMS OF THE INITIAL MEMBERS OFFirstDistrict THE COMMUNITY POLICE REVIEW BOARD Ophelia Gooden-Rodgers Second District Dear Chairperson Gooden-Rodgers: Sharon L. McBride The ordinances governing members of the Community Police Review Third District Board provides that the initial members of the Board are to have staggered Troy Warner one, two, and three year terms. This proposed ordinance establishes those Fourth District terms. Sherry Bolden-Simpson One position on the Board remains unfilled. Whenever that position Fifth District is filled, that Board member will have a one-year initial term. Sheila Niezgodski Please file this proposed resolution and place it on the agenda for the Sixth District Community Relations Committee meeting for May 12, 2025, and the full Dr. Oliver Davis Council meeting later that evening. At Large Thank you for your consideration. Rachel"Tomas Morgan Sincerely yours, At Large Karen I,. White C'At large Canneth Lee, President South Bend Common Council 11 571) 235 9321• Fax(574) 235-9173 •TDD(571) 235-5567 • littp://mvw.soutlibendin.gov Filed in Clerk's Office BILL NO. 25-29 Bianca Tirado City Clerk, South Bend, IN RESOLUTION NO. A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL ESTABLISHING THE TERMS OF THE INITIAL MEMBERS OF THE COMMUNITY POLICE REVIEW BOARD WHEREAS, Section 2-12.1.13(a)(2) of the South Bend Municipal Code addressing the Community Police Review Board provides: The initial Review Board shall be composed of three (3) Members appointed to a one (1) year term; three (3) Members appointed to a two 2) year term; and three(3) Members appointed to a three (3) year term. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend establishes the following initial terms for appointments to the Community Police Review Board: District 1: Sherria Williams (3-year term) District 2: Komonique Thomas (3-year term) District 3: Kelly Johnson(2-year term) District 4: LuElla Webster(2-year term) District 5: Roxanne Hughes (2-year term) District 6: Donna McMahon (1-year term) At-Large- District Joseph Adams (1-year term) At-Large - District Cheryl Ashe(3-year term) At-Large—District Vacant(1-year term) Canneth J. Lee, 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 2025, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at_ o'clock m. James Mueller, Mayor City of South Bend, Indiana May 7, 2025 CITY OF SOUTH BEND COMMUNITY INVESTMENT Council Member Troy Warner Chairperson, Community Investment Committee South Bend Common Council County-City Building, 4th Floor South Bend, Indiana 46601 Filed in Clerk's Office t'W U 7 2025 Bianca Tirado City Clerk, South Bend, IN RE: Confirming Resolution: Multi-Family Development Real Property Tax Abatement for Allen Edwin Residential Builders, LLC Dear Council Member Warner, Please find the enclosed Confirming Resolution and Memorandum of Agreement for a multi­ family development real property tax abatement for Allen Edwin Residential Builders LLC, an Michigan Limited Liability Company. The petitioner intends to build on the property at 603-621 W.Marion Street; 515-517 Leland Avenue sixteen (16) new rental housing units in the form of single family, duplex, and cottage court style housing. Allen Edwin's goal is to build quality infill housing which is desirable and affordable to area residents. The total investment for this project is $2,496,534. The project meets the qualifications for an nine-year (9) multi-family development real property tax abatement. A representative from Allen Edwin Residential Builders, LLC, will be available to meet with the Committee on Monday, May 12, 2025. Should you or other Council members have questions about the report or need additional information, please feel free to call me at (574) 245-6022 Sincerely, Joseph Molnar Assistant Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION I CLUSION EMPOWERMENT 14005 County-City Building 227 W. Jefferson Blvd. South Bend. Indiana 46601 p 574.235.9371 www.southbendin.gov 25-30 Filed in Clerk's Office MAY 0 7 2025 Bianca Tirado BILL NO. 25-30 City Clerk, South Bend, IN RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS Multiple Properties AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR (9) REAL PROPERTY TAX ABATEMENT FOR Allen Edwin Residential Builders 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: 71-08-02-476-027.000-026 Local Parcel Number: 018-1055-2365 Commonly Known As: 621 W MARION ST Legal Description: LOT 14 SMITH&JACKSONS SUB Key Number: 71-08-02-476-028.000-026 Local Parcel Number: 018-1055-2366 Commonly Known As: 617 W MARION ST Legal Description: LOT 12 EX 9'OFF E SIDE& LOT 13 SMITH& JACKSON SUB PER OWNERS REQ CONS W/18 1055 2367 DEL 05/06 Key Number: 71-08-02-476-047.000-026 Local Parcel Number: 018-1055-2343 Commonly Known As: 615 W MARION ST Legal Description: S 1/2 LOT 11 EX 6 WLY SIDE KENT& GARRISON ADD Key Number: 71-08-02-476-048.000-026 Local Parcel Number: 018-1055-2342 Commonly Known As: 611 W MARION ST Legal Description: LOT 10 &ALLEY ADJ AND N 1/2 LOT 11 EX 6" WLY SIDE KENT& GARRISON ADD Key Number: 71-08-02-476-049.000-026 Local Parcel Number: 018-1021-0869 Commonly Known As: 607 W MARION ST Legal Description: LOT 66 W 1-2 HENRICKS& GRANTS Key Number: 71-08-02-476-051.000-026 Local Parcel Number: 018-1021-0868 Commonly Known As: 603 W MARION ST Legal Description: 54 FT S END E 1-2 LOT 66 54 FT S END LOT 65 HENRICKS& GRANTS Key Number: 71-08-02-476-045.000-026 Local Parcel Number: 018-1055-2341 Commonly Known As: 515 LELAND AVE Legal Description: EX N END LOT 28 KENTS SUB BOL 114 Key Number: 71-08-02-476-044.000-026 Local Parcel Number: 018-1055-2340 Commonly Known As: 517 LELAND AVE Legal Description: 10.2 FT S SIDE LOT 5 N PT LOT 28 KENTS SUB BOL 114 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; and WHEREAS, the Council adopted Declaratory Resolution No. 5131-25 on April 28, 2025. 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 multi-family development real property tax abatement only and shall expire on December 31, 2027. 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 nine (9) 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 - 95% Year 3 - 90% Year 4 - 85% Year 5 - 80% Year 6 - 75% Year 7 - 70% Year 8 - 65% Year 9 - 60% 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. Canneth J. Lee, 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 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN MEMORANDUM OF AGREEMENT Multi Family Development REAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement(Agreement)dated as of May 5,2025,serves as confirmation of a commitment by Allen Edwin Residential Builders, LLC (the"Applicant"),pending a May 12, 2025,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 603-621 W. Marion Street; 515-517 Leland Avenue, South Bend, Indiana 46601. 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 a nine-year (9) multi-family 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 Two Million Four Hundred and Ninety-Six Thousand Five hundred Thirty Four Dollars($2,496,534)for the construction of sixteen (16)new housing units; b) 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 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, 1 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. 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) 2 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. 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: Allen Edwin Residential Builders LLC 795 Clyde Court SW Byron Center, Michigan 49315 Attn: Brian Farkas 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 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. 3 14. 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. 15. 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. 16. 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. 17. 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" Allen Edwin Residential Builders LLC City of South Bend, Indiana By: By: Brian Farkas Canneth Lee Director of Workforce Housing President, South Bend Common Council Allen Edwin Residential Builders LLC Approved as to Legal Adequacy and Form this By: day of 2025. 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. 5131-25, the property owner is qualified for and is granted a multi-family residential development real property tax abatement for a period of nine (9) years as shown by the schedule outlined below. Year 1 - 100% Year 2 -95% Year 3 -90% Year 4- 85% Year 5 - 80% Year 6 - 75% Year 7 - 70% Year 8 -65% Year 9 - 60% 6 City of South Bend BOARD OF ZONING APPEALS May 6, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1114 MAYFLOWER ROAD Dear Committee Chair Dr. Davis: Filed in Clerk's Office t W U 7 2025 Bianca Tirado City Clerk, South Bend, IN Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 12, 2025 Council meeting and set it for public hearing at your June 9, 2025 Council meeting. The petition is tentatively scheduled for public hearing at the June 2, 2025 South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: A Special Exception to allow for a School (Pre-k/Primary/Secondary) The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Tim Staub Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning 30-25 Filed in Clerk's Office BILL NO. 30-25 MAY U 7 2025 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1114 MAYFLOWER ROAD COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request Special Exception to permit use as a School, Pre-K/Primary/Secondary NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1114 Mayflower Road, South Bend, IN 46619, 018-8136-4989 In order to permit School, Pre-K/Primary/Secondary use SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. 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. Canneth J. Lee, 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 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of _ 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - City of South Bend '1 7 W. Jefferson - Suite 1400S outh Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 018-8136-4989 Address: 1114 S Mayflower Road, South Bend IN 46619 Owner: Rhedi Management Inc Zoning: Choose the current district C AI"skoss Project Summary: The property housed a Daycare Program since January 2012. As the new owners of the property we want to reopen the location to serve as a Daycare and Early childhood program for area residents. Requested Action Special Exception/ Use Variance — complete and attach Criteria for Decisionis Making Use requested:Early childhood Program 8c-,o01 "sCS-Q.'C Variance(s) - List variances below, complete and ch Criteria for Decision Making Variance(s) requested: We are requesting authorization for the existing building to be used as an Early childhood center by licensed providers. Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Required Documents Completed Application (including Criteria for Decision Making and Contact Information) El Site Plan drawn to scale 111 Filing Fee Criteria for Decision Making 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 early childhood center will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare because it is designed to serve as a supportive and enriching environment for young children and their families. The center will adhere to all applicable health and safety regulations, including those governing sanitation, fire safety, and building accessibility. Licensed educators and caregivers will provide age-appropriate instruction and care in alignment with state standards. Additionally, the center will promote family engagement, strengthen community ties, and offer an essential service that contributes to the overall well-being and development of children in the area. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed early childhood center will not injure or adversely affect the use of the adjacent area or property values therein because it is a low-impact, community-serving use that complements surrounding residential and institutional properties. The center will maintain a clean, safe, and well-landscaped facility that enhances the aesthetic of the neighborhood and adheres to all zoning and design requirements. Increased daytime activity at the site is expected to promote neighborhood safety and vitality without generating significant noise, traffic, or environmental concerns. Additionally, a 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: The proposed early childhood center will be consistent with the character of the district in which it is located and the land uses authorized therein because it aligns with the district's intended purpose to support family-oriented, educational, and community-serving uses. The center will operate during standard daytime hours, maintain a welcoming and orderly presence, and contribute to the social infrastructure of the neighborhood. Its design and operation will reflect the scale and aesthetic of nearby properties, ensuring it integrates seamlessly with surrounding land uses while fulfilling a vital need. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed early childhood center is compatible with the recommendations of the Comprehensive Plan because it supports key priorities such as expanding access to quality education, strengthening neighborhoods, and promoting equitable community development. The center will help meet the growing demand for early learning opportunities, particularly in underserved areas, and contribute to long-term goals around workforce readiness and family support. Criteria for Decision Making State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: 2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: 4) The variance granted is the minimum necessary, because: 5) The variance does not correct a hardship caused by a former or current owner of the property, because: Contact Information Property owner(s) of the petition site: Name: Rhedi Management Inc Address: 12720 Jefferson Blvd Mishawaka IN 46545 Name: Rhondy Grandison Address: 12720 Jefferson Blvd Mishawaka IN 46545 Name: Edith Grandison Address 12720 Jefferson Blvd Mishawaka IN 46545 r Contact Person: Name: David Turner Address: 50771 Hollyhock Road South Bend IN 46637 Phone Number: ( 301) 908-5521 davidfturner@gmail.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. Prop? r y Owner (s) Si atures: 10'1\ cqvdSO QN