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Home My WebLink About11-10-2025 FINAL Agenda Packet OFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK INTEGRITY | SERVICE | ACCESSIBILITY Jasmine Jackson Matthew Neal Margaret Gotsch CHIEF DEPUTY CITY CLERK / CHIEF OF STAFF DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 300 City Hall | 215 S. Martin Luther King, Jr. 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, NOVEMBER 6, 2025 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, November 10, 2025: Council Chambers 3rd Floor City Hall 215 S. Dr. Martin Luther King Jr. 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/111025CC 4:00 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, TOMAS MORGAN 1. Bill No. 25-48 - Resolution on Behalf of the South Bend Common Council Consenting to the Renewal or Continuance of a Declaration of a Local Disaster Emergency Until Any Order or Proclamation Lawfully Terminates the Local Disaster Emergency or the Passage of a Resolution by the Common Council Revoking This Consent 4:20 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI 1. Bill No. 25-44 - Resolution Calling for Relief from the Devastating Impact of Senate Enrolled Act 1 on the City of South Bend and Other Local Governmental Entities Within the State of Indiana 2. Bill No. 25-47 - Resolution Acknowledging the Impact of the Federal Government Shutdown on SNAP Recipients and Calling for a Public Hearing to Consider Emergency Measures to Support Residents Experiencing Food Insecurity 4:45 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WARNER 1. Bill No. 25-46 - Confirming Resolution - Real Property Tax Abatement for Michigan Motorsports LLC at 3315 William Richardson Court EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 300 City Hall | 215 S. Martin Luther King, Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov 4:50 P.M. ZONING & ANNEXATION CHAIRPERSON, DR. DAVIS 1. Bill No. 45-25 - Annexation of Properties located at the Southeast Corner of Willis Avenue and Dunn Road 2. Bill No. 25-40 - Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to the Willis Dunn Annexation Area in Clay Township 3. Bill No. 70-25 - Special Exception at 1417 West Indiana Avenue 4. Bill No. 71-25 - Special Exception at 1409 West Indiana Avenue 5. Bill No. 72-25 - Special Exception at 1101 Elliott Street Council President Canneth Lee has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning & Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL 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, November 10, 2025 7:00 P.M. The South Bend Common Council meeting will be open to the public at the Council Chambers on the 3rd floor of the South Bend City Hall, 215 S. Dr. Martin Luther King Jr. 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/SBCC111025 1. INVOCATION PASTOR JIM CLARK | GRACE UNITED METHODIST CHURCH 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES OCTOBER 27, 2025 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 45-25 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, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 4, FOR 54528, 54550, 54570, 54606, 54610, 54638, 54650 WILLIS AVENUE, SOUTH BEND, INDIANA (PUBLIC HEARING ONLY) 2 70-25 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 1417 WEST INDIANA AVENUE COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 71-25 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 1409 WEST INDIANA AVENUE COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 72-25 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 1101 ELLIOTT STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 8. BILLS ON THIRD READING TIME:______ BILL NO. 70-25 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 1417 WEST INDIANA AVENUE COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 71-25 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 1409 WEST INDIANA AVENUE COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 72-25 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 1101 ELLIOTT STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 9. RESOLUTIONS 25-40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (WILLIS DUNN ANNEXATION AREA) 3 25-44 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR RELIEF FROM THE DEVASTATING IMPACT OF SENATE ENROLLED ACT 1 ON THE CITY OF SOUTH BEND AND OTHER LOCAL GOVERNMENTAL ENTITIES WITHIN THE STATE OF INDIANA 25-46 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3315 WILLIAM RICHARDSON COURT, SOUTH BEND, INDIANA 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN-YEAR (7) REAL PROPERTY TAX ABATEMENT FOR MICHIGAN MOTORSPORTS LLC 25-47 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ACKNOWLEDGING THE IMPACT OF THE FEDERAL GOVERNMENT SHUTDOWN ON SNAP RECIPIENTS AND CALLING FOR A PUBLIC HEARING TO CONSIDER EMERGENCY MEASURES TO SUPPORT RESIDENTS EXPERIENCING FOOD INSECURITY 25-48 A RESOLUTION ON BEHALF OF THE SOUTH BEND COMMON COUNCIL CONSENTING TO THE RENEWAL OR CONTINUANCE OF A DECLARATION OF A LOCAL DISASTER EMERGENCY UNTIL ANY ORDER OR PROCLAMATION LAWFULLY TERMINATES THE LOCAL DISASTER EMERGENCY OR THE PASSAGE OF A RESOLUTION BY THE COMMON COUNCIL REVOKING THIS CONSENT 10. BILLS ON FIRST READING 11. UNFINISHED BUSINESS 12. NEW BUSINESS APPROVAL OF 2026 COMMON COUNCIL MEETING DATES 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English version. Any discrepancies which may be created in the translation are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2025 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-18-2025) 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 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 0 9LAN co, County-City Building 47 L% City of South Bend 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 PLAN COMMI55I0N 574) 235-7627 www.southbendin.gov/zoning in Clerk's Office July 23, 2025 JUL 2 3 2025 Honorable Committee Chair Oliver Davis 4th Floor, County-City BuildingBianca SouthT o Y Y City Clerk, Bend, IN South Bend, IN 46601 RE: 54528, 54550, 54570, 54606, 54610, 54638, 54650 WILLIS AVENUE PC#0264-25 Dear Committee Chair Dr. Davis: Enclosed is an Ordinance for the proposed Annexation and Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your July 28, 2025, Council meeting and set it for second reading on September 22, 2025 and third reading on October 13, 2025 Council meetings. The petition is tentatively scheduled for public hearing at the August 18, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: The Petitioners are requesting to annex and rezone the property including rights-of-way of Willis Avenue & Dunn Road to develop a residential project of approximately five (5) multi-story buildings having a maximum height of five (5) stories. Access to the site would be from Dunn Road and Willis Avenue and the proposed buildings would face both public streets. The project will have a streetscape with trees and landscaped buildings along with public sidewalks and interior pedestrian walks and landscaped grounds. A common area on the fifth floor of each building would take advantage of views towards the Notre Dame Campus. If you have any questions, please feel free to contact our office. Sincerely, sorAt Tim Staub Zoning Specialist CC: Bob Palmer Tim Corcoran Tim Corcoran Francisco Fotia Planning Director Interim Zoning Administrator Commission President 45-25 Filed in Clerk's Office 2025 BILL NO. 4S 4.5 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,AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP,CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO.4,FOR 54528,54550,54570,54606,54610,54638,54650 WILLIS AVENUE,SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT The Petitioner desires to annex and rezone seven properties at the southeast corner of Willis Avenue and Dunn Road from R Single Family District in unincorporated St.Joseph County to U3 Urban Neighborhood 3 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 AND NORTHEAST QUARTERS OF SECTION 31, TOWNSHIP 38 NORTH,RANGE 3 EAST,CLAY TOWNSHIP,ST.JOSEPH COUNTY,INDIANA WHICH IS DESCRIBED AS:BEGINNING AT THE SOUTHEAST CORNER OF LOT#40 IN THE PLAT OF"VANESS PLAT' SUBDIVISION AS RECORDED IN THE RECORDS OF THE ST.JOSEPH COUNTY, INDIANA RECORDER'S OFFICE;THENCE WEST(ALL BEARINGS ASSUMED) ALONG THE SOUTH LINE OF SAID LOT AND ITS'WESTERLY EXTENSION CROSSING WILLIS AVENUE 60 FT. R/W).A DISTANCE OF 260 FEET MORE OR LESS TO THE WEST RIGHT-OF-WAY LINE OF SAID WILLIS AVENUE;THENCE NORTH ALONG SAID WEST LINE AND ITS'NORTHEASTERLY EXTENSION CROSSING DUNN ROAD 40 FT.R/W),A DISTANCE OF 830.30 FEET MORE OR LESS TO A POINT WHICH IS THE INTERSECTION OF THE NORTH RIGHT-OF- WAY LINE OF DUNN ROAD WITH THE WEST RIGHT-OF-WAY LINE OF WILLIS AVENUE;THENCE EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID DUNN ROAD(CROSSING WILLIS AVENUE 40 FT.R/W),A DISTANCE OF 250 FEET MORE OR LESS TO A DIRECTLY NORTH OF THE NORTHEAST CORNER OF LOT#35 IN SAID"VANESS PLAT"SAID POINT ALSO BEING ON THE PRESENT CITY OF SOUTH BEND CORPORATE LIMIT LINE;THENCE SOUTH ALONG SAID CORPORATE LINE(CROSSING DUNN ROAD 40 FT.R/W), A DISTANCE OF 40 FEET TO THE NORTHEAST CORNER OF SAID LOT; THENCE CONTINUING SOUTH ALONG SAID CORPORATE LIMIT LINE AND THE EAST LINE OF SAID"VANESS PLAT",A DISTANCE OF 778.80 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4.90 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 U3 Urban Neighborhood 3 District. 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 Approved and signed by me on the day of 2025,at o'clock m. James Mueller,Mayor City of South Bend,Indiana 2- Filed in Clerk's Office City of South Bend Petition for Annexation and Rezoning JUL 2 3 2025 or Combined Public Hearing BiancaTirado City Clerk, South Bend, IN Property Information Tax Key Number: 02-1106-5375, 02-1106-5368,02-1106-5368.01, 02-1106-5364,02-1106-5359,02-1106-5354, 02-1106-5346 Property Address: 54650, 54638, 54610, 54606, 54570, 54550, 54528 Willis Avenue, South Bend, IN 46637 Property Owner: Trematerra Family Land Holdings Inc., 6231 Pga Blvd., Suite 109227, Palm Beach, FL. 33418-4033 Legal Description of Annexation Area: (include any adjacent rights of way not already in the City) A PART OF THE SOUTHEAST AND NORTHEAST QUARTERS OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT#40 IN THE PLAT OF "VANESS PLAT" SUBDIVISION AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE WEST(ALL BEARINGS ASSUMED)ALONG THE SOUTH LINE OF SAID LOT AND ITS'WESTERLY EXTENSION (CROSSING WILLIS^^ A Project Summary The Petitioners are requesting to annex and rezone the property including rights of Willis Ave. & Dunn Road to development residential development in approximately Five (5) multi-story buildings having a maximum height of Five (5) stories. Access to the site would be from Dunn Road and Willis Avenue and the proposed buildings would face both public streets. The project will have a streetscape with trees and landscaped buildings along with public sidewalks and interior pedestrian Rezoning County Zoning Map at https://www.sjcindiana.com/gg6/Zoning-Map City Zoning Map at:httos://southbendin.gov/zoning Current Zoning District(County): R Single Family District Select One Additional Districts,if applicable Proposed Zoning District(City): U3 Urban Neighborhood 3 Select One Additional Districts,if applicable The Plan Commission and Council will consider the following in the review of a rezoning petition: 1)The comprehensive Plan; 2)Current conditions and the character of the current structures and uses in each district; 3)The most desirable use for which the land in each district is adapted; 4)The conservation of property values throughout the jurisdiction;and 5)Responsible development and growth. Additional Requested Actions (check all that apply and include additional required documentation) Subdivision -complete and attach Subdivision Application Special Exception -complete and attach Criteria for Decision Making Variance(s)- list variances below, complete and attach Criteria for Decision Making Page 1 of 2 Annexation Application Checklist 0 1. Completed Application Form El 2. Site Plan (drawn to scale) 3. Subdivision Application (if required) 4. Criteria for Decision Making (if required) 0 5. Filing Fee Contact Information Name: Danch, Harner & Associates, Inc. Attn: Michael Danch/Matthew Kirkwood Address: 1643 Commerce Drive, South Bend, IN 46628 Phone Number:574-234-4003 Email: mdanch@danchharner.com,mjkirkwood@ danchharner.com Property Owner Information (attach additional ownership list on separate page.if necessary) Property Owner: Trematerra Family Land Holdings Inc. Property Owner Address: 6231 Pga Blvd., Suite 104-227, Palm Beach Gardens, FL 33418-4033 Property Owner: Property Owner Address: By signing this petition,the Petitioner/Property Owner(s)of the above described Real Estate acknowledge(s)they are responcible 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 Signature Property Owner Name Printed Date Property Owner Signature Property Owner Name Printed Date Completed applications should be submitted in one of the following ways: Email: zoning®southbendin.gov Mail: 227 W. Jefferson Blvd., Suite 1400S, South Bend, IN 46601 Page 2 of 2 City of South Bend 227 W. Jefferson - Suite 1400S IN 46601 BOARD OF ZONING APPEALS South Bend, zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 02-1106-5375, 02-1106-5368, 02-1106-5368.01, 02-1106-5364, 02-1106-5359, 0a Address: 1643 Commerce Drive, South Bend, IN 46628 Owner: Trematerra Family Land Holdings Inc., 6231 Pga Blvd., Suite 109227, Palm Bea Zoning: U3 Urban Neighborhood 3 Project Summary: he Petitioners are requesting to annex and rezone the property including rights of Willis Ave. & Dunn Road to development residential development in approximately Five (5) multi-story buildings having a maximum height of Five (5) stories. Access to the site would be from Dunn Road and Willis Avenue Requested Action Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: A. From the 4 story Maximum Building Height to 5 stories; B. From the 120' Maximum Building Width to 282' Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale Filing Fee 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 proposed variances will not be injurious to the health, safety or general welfare of the community. The proposed development will have the appearance and character of separate buildings, consistent with the maximum building widths included in the Ordinance. The proposed rooftop feature is designed to have minimal visibility from the surrounding properties. 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 use and value of adjacent properties should not be impacted by the variance. The portion of the building which connects the two sides is located about 30' from the front property line and even further from the public sidewalk and street. The ground floor will remain a transparent lobby, creating the look and feel of separate, pedestrian scaled buildings. The rooftop feature is setback from the upper parapet and is designed to limit visibility from surrounding 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: Strict application of the Ordinance does not allow for creative design approach demonstrated on the site. The building is designed to have the have the appearance and pedestrian character of separate buildings but has a hallway connector from the upper floors to allow for efficient design and circulation. The Ordinance, itself, poses a practical difficultly in that it does not allow for higher density buildings in areas outside of the DT Downtown District. This area 4) The variance granted is the minimum necessary, because: The building has been designed to meet the intent of the ordinance. The building connection is a hallway on the upper floors of the building and a glazed and transparent lobby at the ground floor. The separation between the functional portion of the building exceeds what would be permitted if these were buildings on separate parcels, which allows light and air into the interior units and reduces the impact a traditional building of this length would create. The rooftop feature a 5) The variance does not correct a hardship caused by a former or current owner of the property, because: The height limitations established by the Ordinance do not recognize the potential for higher density and taller buildings outside the downtown district, even when designed to minimize impact and visibility to surrounding properties. Contact Information Property owner(s) of the petition site: Name: Trematerra Family Land Holdings Inc., Address: 6231 PGA Blvd, Suite 104-227 Palm Beach Gardens, FL, 33418 Name: Address: Name: Address: Contact Person: Name: Danch, Harner & Associates, Inc. Attn: Michael Danch/Matthew Kirkwood Address: 1643 Commerce Drive South Bend, IN 46628 Phone Number: 574 234-4003. E-mail mdanch@danchharner.com, mjkirkwood@ danchharner.com 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: i PRELIMINARY SITE PLAN A PART OF THE SOUTHEAST QUARTER, SECTION 31, TOWNSHIP 38 N, RANGE 3 E, CLAY TOWNSHIP, ST JOSEPH COUNTY, INDIANA. I I 1 ‘.•___I' ,______ 000. p...,..)6006 -SOUTH 778 B•A C I SITE LAMM WP I t XXX XX kXICItYX)(,)01 i-..11.e. s;- -;;F-..) nags _ 6.7 i, "..--'.?--- W. • T__ _Cy-0- f-' 0. 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I.1 6060 1Nf.1.IINZ 0,RAM 06 A.IS 6.1.1,01i......WIAS 1•01001„.D..1.6 666"...A, 6,6•6 Wit 661.•DISTANIA.60/61 MOW.L0110.0.1 loc-or-OF 06..0,.0 TA.1.6.I T.1,1/I mu.WIT W.116.Al6 Ils NO6.1.161.1 06.0.4 0 00 0.141.616 FT 661,A DISTANCE OF.0 JO.11 WORE OR LEAS ID A MN, .P.0 11l6A11.6 OKI LI II . I,L. ILI WAY LINE Of L..406,1611,..MAT 1..10:NM REQUESTED VARIANCE TA. 61.6 A1016.66 I.6.0.16 NORIO R6111.6...0.56A RAN 66. 611.....„0 0 R/W1 A 26-FAHOO•MATO Wei.ag TO A 06E(Ta 601-61 11.6 J. f ev RR I InA i :\..WIRT..PORI.Of'LOT•IS IN SAW•06.i.MAI•.0 61.1 6.RONA 06. 1. .I.I c.OF,.16 6111.1 f 06606 1.1.1..W.I T..SM.A.0...1 001.000 611 10 i, pp . Nu.611110.40,/6161.A OAT..WO:EV 10 1..61166,CORN.0,160.01.so 1 a ,• . .ilLgj 1•...,.1 W..64 SCRIT A FAO.6011.0101.1.6 LITAII 0.66 r.0,1 ANY ITI.U.A...Ili ILA I, 6 . PIN-A DISIANIT OF 718.1411 MON,OR i1.10 16 WANT 0 P.C.I.V. III F iI.06010.4.91366,MORI OR..101AI 6 . 6 ..0. 1 11.16.6 6111 W. 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REVISIONS 1111 . 1/ 2 Mal cl..NO WI ON In IRNA WW1 0 N.6600.Mi. I.0016,00 i 15.25 ..1 AR..A.Abailen.ITC(6.0.•26111.6 OR S.06 FOR At 9161 OWED ENT NE BY r.30. 41.10 C 1•1 E.I MU 1•414k 2501)0 3 M. t\0?LAN 0GI County-City Building C i t y o f S o u t h Bend 227 W Jefferson Blvd. 1400S South Bend,IN 46601 PLAN COMMISSION 574)235-7627 www.southbendin.gov/zoning1FS,48,,,nED,'' Filed in Clerk's Office Wednesday,August 20,2025 i ^ 2 0 n20'S South Bend Common Council rado 227 W.Jefferson Blvd.,4`h Floor Bianca Tth B South Bend, IN 46601 City Clerk, South Bend, IN Re: Bill#45-25 -A proposed ordinance of TREMATERRA FAMILY LAND HOLDINGS INC to zone from R Single Family District(County)to U3 Urban Neighborhood 3,property located at 54528 WILLIS AVE and 54638 WILLIS AVE and 54606 WILLIS AVE and 54570 WILLIS AVE and 54550 WILLIS AVE and 54528 WILLIS AVE and 54610 WILLIS AVE and 54650 WILLIS AVE, City of South Bend- PC#0264-25 Dear Council Members: I hereby Certify that the above referenced ordinance of TREMATERRA FAMILY LAND HOLDINGS INC was legally advertised on August 8,2025 and that the South Bend Plan Commission at its public hearing on August 18,2025 took the following action: Upon a motion by Scott Ford,being seconded by Tyler Gillean and unanimously carried,a proposed ordinance of TREMATERRA FAMILY LAND HOLDINGS INC to zone from R Single Family District(County)to U3 Urban Neighborhood 3,property located at 54528 WILLIS AVE and 54638 WILLIS AVE and 54606 WILLIS AVE and 54570 WILLIS AVE and 54550 WILLIS AVE and 54528 WILLIS AVE and 54610 WILLIS AVE and 54650 WILLIS AVE,City of South Bend is TABLED. The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, ç175( . Timothy P. Staub Zoning Specialist Attachment CC: TREMATERRA FAMILY LAND HOLDINGS INC Bob Palmer Tim Corcoran Tim Corcoran Francisco Fotia Planning Director Interim Zoning Administrator Commission President pLAN C0 f County-CityBuilding' t City of South Bend227W.JeffersonBlvd. 14005 z South Bend,IN 46601 PLAN COMMISSION 574) 2/zonin7www.southbendin.gov/zoning 4.ST48USHE01419 Filed in Clerk's Office Wednesday, September 17,2025 1`s rado South Bend Common Council Bianca Tth B 227 W.Jefferson Blvd.,4th Floor City Clerk, South Bend, IN South Bend,IN 46601 Re: Bill#45-25 -A proposed ordinance of TREMATERRA FAMILY LAND HOLDINGS INC to zone from R Single Family District(County)to U3 Urban Neighborhood 3,property located at 54528 WILLIS AVE and 54638 WILLIS AVE and 54606 WILLIS AVE and 54570 WILLIS AVE and 54550 WILLIS AVE and 54610 WILLIS AVE and 54650 WILLIS AVE,City of South Bend-PC#0268-25 Dear Council Members: I hereby Certify that the above referenced ordinance of TREMATERRA FAMILY LAND HOLDINGS INC was legally advertised on August 8,2025 and that the South Bend Plan Commission at its public hearing on September 15,2025 took the following action: Upon a motion by Scott Ford,being seconded by Tyler Gillean and unanimously carried,a proposed ordinance of TREMATERRA FAMILY LAND HOLDINGS INC to zone from R Single Family District(County)to U3 Urban Neighborhood 3,property located at 54528 WILLIS AVE and 54638 WILLIS AVE and 54606 WILLIS AVE and 54570 WILLIS AVE and 54550 WILLIS AVE and 54610 WILLIS AVE and 54650 WILLIS AVE,City of South Bend is TABLED. Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, CrAi 131 Timothy P Staub Zoning Specialist Attachment CC: TREMATERRA FAMILY LAND HOLDINGS INC Bob Palmer Tim Corcoran Tim Corcoran Francisco Fotia Planning Director Interim Zoning Administrator Commission President 51,LANCO. City Hall oas4s 215 S. Dr. Martin Luther King,Jr. Blvd. z C ity of South Bend South Bend,IN 46601 PLAN COMMISSION 574) 235-7627 www.southbendin.gov/zoning LRY[D L Filed in Clerk's Office Tuesday,October 21,2025 Oct 21, 2025 South Bend Common Council Bianca Tirado 215 S. Dr. Martin Luther King,Jr. Blvd. City Clerk, South Bend, IN South Bend, IN 46601 Re: Bill#45-25-A proposed ordinance of TREMATERRA FAMILY LAND HOLDINGS INC to zone from R Single Family District(County)to U3 Urban Neighborhood 3,property located at 54528 WILLIS AVE and 54638 WILLIS AVE and 54606 WILLIS AVE and 54570 WILLIS AVE and 54550 WILLIS AVE and 54528 WILLIS AVE and 54610 WILLIS AVE and 54650 WILLIS AVE,City of South Bend- PC#0277-25 Dear Council Members: I hereby Certify that the above referenced ordinance of TREMATERRA FAMILY LAND HOLDINGS INC was legally advertised on August 8,2025 and that the South Bend Plan Commission at its public hearing on October 20,2025 took the following action: Upon a motion by John Martinez,being seconded by Scott Ford and unanimously carried, a proposed ordinance of TREMATERRA FAMILY LAND HOLDINGS INC to zone from R Single Family District(County)to U3 Urban Neighborhood 3,property located at 54528 WILLIS AVE and 54638 WILLIS AVE and 54606 WILLIS AVE and 54570 WILLIS AVE and 54550 WILLIS AVE and 54528 WILLIS AVE and 54610 WILLIS AVE and 54650 WILLIS AVE,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached.The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, t/t:t'- Brian Killen Zoning Administrator Attachment CC: Bob Palmer Tim Corcoran Brian Killen Francisco Fotia Planning Director Zoning Administrator Commission President City of South Bend BOARD OF ZONING APPEALS October 15, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1417 W. Indiana Avenue Dear Committee Chair Dr. Davis: Filed in Clerk's Office Oct 16, 2025 B1ancu riradn City Ckrk. South [knd, 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 October 27, 2025, Council meeting and set it for public hearing at your November 10, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the November 3, 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. 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, �� Brian Killen Zoning Administrator CC: Bob Palmer City Hall I 215 S. Dr. Martin Luther King, Jr. Blvd I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning 70-25 Filed in Clerk's Office Oct 16,2025 BILL NO.70-25 Bianca Tirado City Clerk.South Bend,IN ORDINANCE NO. 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 1417 W.INDIANA AVENUE COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow a two-unit dwelling 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: 1417 W.Indiana Avenue In order to permit a two-unit dwelling. 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 fmds 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 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:71-08-14-303-006.000-026 Address: 1417 W Indiana Ave Owner: KT Solutions LLC Zoning: U1 Urban Neighborhood 1 H Project Summary: I would like to build a Preapproved Stacked Duplex option C on the vacant lot. Requested Action Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested: exception to build a pre-approved stacked duplex Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale 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 location is under utilized and will be used in accordance to local laws. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: it will be new and will stay within property lines. 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: it will support the growing population and land use. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: the duplex is approved for U1 with exceptions. 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: 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: KT Solutions LLC Address: 4660 Monroe St Fort Wayne IN 46806 Name: Address: Name: Address: Contact Person: Name: Kemlair Touloute Address: 2630 Pittsburg St Fort Wayne IN 46803 Phone Number: 2604317199 KTSconsults@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: City Hall City of South Bend 215 S. Dr. Martin Luther King Jr. Blvd. Suite 500 BOARD OF ZONING APPEALS South Bend,IN 46601 574) 235-7627 November 5, 2025 Filed in Clerk's Office Nov 5, 2025 Common Council of South Bend 215 S. Dr. Martin Luther King Jr. Blvd. 3`d Floor Bianca Tirado South Bend,IN 46601 City Clerk. South Bend, IN Re: Bill 70-25: The petition of PARKER ROBERT L& KT SOLUTIONS LLC seeking a Special Exception for Dwelling,2 Units in U1 Urban Neighborhood 1 (21-06.01(j)(3))in the U1 Urban Neighborhood 1 for property located at 1417 W INDIANA AVE Dear Council Members: I hereby Certify that the above referenced petition of PARKER ROBERT L& KT SOLUTIONS LLC was legally advertised on October 24,2025 and that the South Bend Board of Zoning Appeals at its public hearing on November 3,2025 took the following action: Upon a motion by Caitlin Stevens,being seconded by Kaine Kanczuzewski and unanimously carried, a petition by PARKER ROBERT L& KT SOLUTIONS LLC seeking a Special Exception for Dwelling,2 Units in Ul Urban Neighborhood 1 (21-06.01(j)(3))for property located at 1417 W INDIANA AVE,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, Brian Killen Zoning Administrator Attachment CC: Building Department Bob Palmer Staff Report — BZA#0376-25 November 3, 2025 Property Information Location:1417 W INDIANA AVE Owner: PARKER ROBERT L & KT SOLUTIONS LLC Project Summary The petitioner seeks to build a new two unit dwelling. Requested Action Special Exception: Dwelling, 2 Units in U1 Urban Neighborhood 1 (21-06.01(j)(3)) Site Location 1 r tn f. 71. 'M' Icy., y r 1 SKr r i nr _ f: ` yh. ,, 1164. . A OP'..-,,,,i0;‘,-,‘ 4).; . hillik:Mri If 0 7',.....a&...... s• f ,t.,, , ill W INDTANA AVE ik, I ! a~,_ • I 1 V i4 A 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— BZA#0376-25 November 3, 2025 Proposed Site Plan U41111 I il tr. 0- - indiril ,- 11 _ ,i. iii + ++ ti 70iritiA tir if -,. 0 4 Af. 14 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0376-25 November 3, 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 building shall be a newly constructed duplex. A two-unit dwelling will provide more neighbors 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; Building this duplex should not injure or adversely affect the uses or values of adjacent properties and the area around the building. As proposed, the duplex is consistent with the scale, character, and land use of the surrounding neighborhood, will bring new neighbors to the area, and will provide housing on a lot that is currently vacant, potentially increasing property values. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; A two unit dwelling will complement the existing housing stock, match the scale and character of the neighborhood, and provide infill housing on a vacant lot. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with Objective H1.1 from the city's comprehensive plan, which is to encourage residential developments that contain a mix of housing types, densities, price ranges, and amenities. It is also consistent with project idea 11 from the 2022 Rum Village Neighborhood Plan, which is to fill vacant underutilized lots with low- to medium-density residential development. Analysis & Recommendation Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will bring new residents to the area and provide additional housing on a lot that is 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 BEAD BOARD OF ZONING APPEALS Page 3 of3 City of South Bend BOARD OF ZONING APPEALS October 15, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1409 W. Indiana Avenue Dear Committee Chair Dr. Davis: Filed in Clerk's Office Oct 16, 2025 13ianca rirado City Clerk. South Bend, 11 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 October 27, 2025, Council meeting and set it for public hearing at your November 10, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the November 3, 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. The full petition is attached for your refere nce. 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, �� Brian Killen Zoning Administrator CC: Bob Palmer City Hall I 215 S. Dr. Martin Luther King, Jr. Blvd I South Bend, IN 46601 I 574-235-7627 I www.so uthbendin.gov/zoning 71-25 Filed in Clerk's Office Oct 16,2025 BILL NO.71-25 Bianca Tirado City Clerk.South Bend,IN ORDINANCE NO. 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 1409 W.INDIANA AVENUE COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow a two-unit dwelling 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: 1409 W.Indiana Avenue In order to permit a two-unit dwelling. SECTION H.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 227 W. Jefferson - Suite 1400S IN 46601 BOARD OF ZONING APPEALS South Bend, zoning@southbendinendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 71-08-14-303-006.000-026 Address: 1409 W Indiana Ave Owner: KT Solutions LLC Zoning: U1 Urban Neighborhood 1 Project Summary: I would like to build a Preapproved Stacked Duplex option C on the vacant lot. Requested Action Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested: exception to build a pre-approved stacked duplex Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale 111 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 location is under utilized and will be used in accordance to local laws. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: it will be new and will stay within property lines. 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: it will support the growing population and land use. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: the duplex is approved for U1 with exceptions. 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: 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: KT Solutions LLC Address: 4660 Monroe St Fort Wayne IN 46806 Name: Address: Name: Address: Contact Person: Name: Kemlair Touloute Address: 2630 Pittsburg St Fort Wayne IN 46803 Phone Number: 2604317199 KTSconsults@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: City Hall City of South Bend 215 S. Dr. Martin Luther King Jr. Blvd. Suite 500 BOARD OF ZONING APPEALS South Bend,IN 46601 574) 235-7627 Filed in Clerk's Office November 5, 2025 Nov 5, 2025 Common Council of South Bend 215 S. Dr. Martin Luther King Jr. Blvd.3'Floor Bianca Tirado South Bend, IN 46601 City Clerk. South Bend, IN Re: Bill 71-25:The petition of KT SOLUTIONS LLC seeking a Special Exception for Dwelling,2 Units in U1 Urban Neighborhood 1 (21-06.01(j)(3))in the Ul Urban Neighborhood 1 for property located at 1409 W INDIANA AVE Dear Council Members: I hereby Certify that the above referenced petition of KT SOLUTIONS LLC was legally advertised on October 24,2025 and that the South Bend Board of Zoning Appeals at its public hearing on November 3, 2025 took the following action: Upon a motion by Caitlin Stevens,being seconded by Kaine Kanczuzewski and unanimously carried, a petition by KT SOLUTIONS LLC seeking a Special Exception for Dwelling,2 Units in Ul Urban Neighborhood 1 (21-06.01(j)(3)) for property located at 1409 W INDIANA AVE,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. Brian Killen Zoning Administrator Attachment CC: Building Department Bob Palmer Staff Report — BZA#0375-25 November 3, 2025 Property Information Location:1409 W INDIANA AVE Owner: KT SOLUTIONS LLC Project Summary The petitioner seeks to build a new two unit dwelling Requested Action Special Exception: Dwelling, 2 Units in U1 Urban Neighborhood 1 (21-06.01(j)(3)) Site Location x4 1 i y . 1 i IL._ , W INDIANA AV 5 ` t t-- 1 - . It a,!. so_ ., 41;,-. .41~1•41081. .,,,tt 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.A#0375-25 November 3, 2025 Proposed Site Plan T 39b 1 Ilir ca;) I, col 1.•F. loe0 1 it,„pt r 1 re Itif 00 • _ _ lir 9. 0 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0375-25 November 3, 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 building shall be a newly constructed duplex. A two-unit dwelling will provide more neighbors 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; Building this duplex should not injure or adversely affect the uses or values of adjacent properties and the area around the building. As proposed, the duplex is consistent with the scale, character, and land use of the surrounding neighborhood, will bring new neighbors to the area, and will provide housing on a lot that is currently vacant, potentially raising property values. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; A two unit dwelling will complement the existing housing stock, match the scale and character of the neighborhood, and provide infill housing on a vacant lot. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with Objective H1.1 from the city's comprehensive plan, which is to encourage residential developments that contain a mix of housing types, densities, price ranges, and amenities. It is also consistent with project idea 11 from the 2022 Rum Village Neighborhood Plan, which is to fill vacant underutilized lots with low- to medium-density residential development. Analysis & Recommendation Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will bring new residents to the area and provide additional housing on a lot that is 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 BOARD OF ZONING APPEALS October 15, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1101 Elliott Street Dear Committee Chair Dr. Davis: Filed in Clerk's Office Oct 16, 2025 Biam:a rime.lo City !erk , outh Bend, I 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 October 27, 2025, Council meeting and set it for public hearing at your November 10, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the November 3, 2025, South Bend Board of Zoning Appeals meeting. The staff report and recom mendation 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. 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, �� Brian Killen Zoning Administrator CC: Bob Palmer City Hall I 215 S. Dr. Martin Luther King, Jr. Blvd I South Bend, IN 46601 I 574-235-7627 / www.southbendin.gov/zoning 72-25 Filed in Clerk's Office Oct 16,2025 BILL NO.72-25 Bianca Tirado City Clerk.South Bend.IN ORDINANCE NO. 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 1101 ELLIOTT STREET COUNCILMANIC DISTRICT NO.2 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow a two-unit dwelling 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: 1101 Elliott Street In order to permit a two-unit dwelling. 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 fords 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- c^uth Bend 227 W. Jefferson - Suite 1400S City "' ' ' South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number. q--1 D 3- 1 S 0 20• 0o o - 26 Add 1101 >I<< sfi SO CJ fA & c( j pGZe Ov r,err^ ( 101 E (i J stre-tfi rtrgirt] Cal2E2 k i-SA! ' 'v4 Zoning: Choose the current district 1-v stce s' osRpt, C.)vh"t Project Summary: t-xt 04-1 in 09e Requested Action oeciai txceotton! use variance. - complete aria atteen untena TO.rLec!sl tv.raKina use reauestec:v p(t x o r tw d () vanance(s) - List variances aglow, complete and attach unteria for oec/Slon Making lariance(s) requested: Required Documents Completed Application (includina Criteria for Decision Makina and Contact Informatiar, I Site Plan drawn to scafk/bv;(c( 5 tG, Filing Fee Criteria for Decision Making r Arlal Fxrnntinn - if annlirahln A Special Exception may only be granted uoon makina a written determination. basea upon tea evidence presented at a public hearing. Please address how the project meets the following criteria. 11 The or000sed use will not be injurious to the public health. safety. comfort. community moral standards, convenience or general welfare, because: Vv ; << s¢ c.s `ve1l` Jr1,'`fs (1._5; 4t0\fi 41. 21 The proposed use will not injure or adversely affect the use of the adjacent area or propertyvaluestherein. because In-t) Id r ( t V 1r0 rz vt Vt burs Vat.-e_S .s rJ(<c <r 31 The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: s et 4) The or000sed use is compatible with the recommendations of the Comprehensive Plan. because T-t 5 1.1' Q-cW px S+;vs S4ru c r_v rc$' Contact Information rrocerty ownensi or me Demon a I_ r IS4L(Nair To (T') c" r2_' l Js 0 J— ,1. ln,47EZ k ver iAcaress: 2 5 5-5 ju n o r A I r. el-v.„ ii..L.s 1i C+roi ell)wN ? 6 ii- ? o t13 i oor ess: Haut ess. intact Person: name: J L. (A c" 2- Akt) (I' .-5 44f-(M. ;ie Y}.Dr 6 rovt'wJ1' ft. 306'? 3aaressZ3S f ) je r l , Ei Phone Number: q 31- 2 6 ' 3 6 9 7 E-mai Lk-Pro M51Wt 6v ' I. CoM ianinq 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 s9 gut ti s related to this petition. Pro•erty Ow er (, Si. .tures: / Building Sketch is ,-101 Elfiotl 5t J 7 r*' _ .-,-.t.,send County St.Jose&Stan IN Zb Code 46628-1013 t I I it c E i 2 1 Beorl3om j 1 l I I I I Garin e Bath i 2 Car Detached co o o Wit {360 Sq ft] +I living ADU I i Room ii 1 EttiLlSq"1:: i Kitchen 20 8' K' I I Kitchen Bedroom if b Balh o m In C I-firlg Room Unfinished Bedroom First Floor up 1441 Sq Ill Basement NJ 1441 Sq ft] Bedroom in 3' Foyer I 3' Bath i. t, Living Bedroom Room 28' 28' 01.1.5.0.nr•.na...t- Ares Calcuktioas Summon/ 1 ill UP.104 Ate ollotare,a oaaaa I F.IA Floor 1+11 50 ft 52 x 25-1300 I 30x3 = 90 17 x_ 511 Taal Lades Ana(Raw10s4): 1441 Se ft nlNMI/Mar 2 plRldlad 3605aIt 1Bx20= 360 Basement 14415a ftS2 x 25. 1300 511 90 f 31 Wm CVT 01 nem_'TnTAI•514nnio51 onthutre hu 5 h mn.lu inn.I_GMI II 61* 018-2062-2283 No So Filed BN 2024-29187 t ransfer i 93V8 RECORDED AS PRESENTED ON Taxing Unit South Bend 12/09/2024 10:34 AM Date 12/09/2024 MARY BETH WISNIEWSKI sr.JOSEPH COUNTY RECORDER PGS:3 FEES:25.00 WARRANTY DEED Under IC 32-17-1-2 This WARRANTY DEED. executed on this J day of 1L 20 2-`1, by the Grantor. Ivan L. Loner and Isabel M. Rivera Perez husband and wife having an address of 1101 Elliott Street.South Bend,IN 46628 to the Grantee, Scott Royal Smith, Trustee of the 1101 Elliott Street,Trust.with a mailing address of 1309 Arbor Lake Blvd.Hermitage TN 37076. VETNESSEITL that said Grantor, for the sum of S0.00(Zero Dollars and no one-hundredths) and other valuable consideration. Conveys, and Warrants the following parcel of land in St. Joseph County. Indiana - legally MH described as: Lot Numbered 318 as shown on the plat of Lincoln Manor Addition recorded December 4,1923 in the Office of the Recorded of St.Joseph County.Indiana,in Plat Boo:11,pages 108-109 and re-recorded February 25. 1930 in Plat Book 13,pages 80-81. Comrltoniy known as: 1101 Elliott Street,South Bend,IN 46628 Key No.:018-2062--2283 Tax Parcel No:71-08-03-155-020.400-026 Source of Title: St.. Joseph County Recorder's Office. State of Indiana Document Nos_ 2022-23945 and 2022-23946.both Recorded on 08/16/2022 THIS CONVEYANCE made subject to any and all easements,agreements,and restrictions of record,and to legal highways. TO HAVE AND TO HOLD the above-described premises. together with all and singular the rights and appwlenamces thereto in anywise belonging,unto the said Grantee.Grantee's heirs and assigns forever.and Grantor does hereby bind Grantor_Grantor's heirs,executors and administrators.to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee. Grantee's heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof This property is conveyed AS IS and subject to existing indebtedness_ DU&C&' Ericb["VR IMA/i IIV IV ST.JOSEPH CO-INDIANA SUBJECT TO FINAL ACCEPTANCE FOR TRANSFER 2024-29187 LN WITNESS WHEREOF. the said Grantor has signed and ,wiled these pr4c 1It,trite 1ia11 and i1 tat first above written- 1 1 f\j VA Ivan L. COUNTY L/jG i` ) BEFORE ME. the undersigned Notary Public_on this day personally appeared heart L. Lopez lnolSn to me to be the person whose name is subscribed to the Foregoing instrument and acknowledged to me that hefshe executed the annexed deed and consideration therein expressed of his/her/their own free will and act_ GIVEN UNDER MY HAND AND SEAL OF OFFECE THIS 3/d4dav of i - Ce- 1 -'2O NOTARY P /LLIC/ / Printed Name {' 0(I 1!%r/ f1-/- j County of Res idence:r MN Commission Expires:l-1 e° \NI_IK a s• C> r & es '•:Q eLIC ° O V••27--202'• f's COUt4-.d° iiuiO 01° 2021-29187 IN WITNESS WHEREOF the said Grantor has sinned and Sealed these orients the day and year first above wnitea Isabel M.Rivera Perm STATE OF E> .f!%`t%ill— COUNTY OF /i/+1114.(17/a ) BEFORE ME, the undersigned Notary Public. on this day personally appeared Isabel M.Rivera Perez known to me to be the person whose name is subscribed to the foregoing instrument and adenowledt¢d to me that he/she executed the ante deed and consideration therein expressed oofhhis/her/the/irr own free will and act. GIVEN CINDER MY HAND AND SEAL OF OFFICE THIS 6y 'of d/1'?- ailc Ps reY'• 20 frf`p,NTy0vim;NOTARY PUBLIC k e' OTA,q Printed Name: /tG Eit7 74relrl"" aCounty of Residence: pU B L o • a. mMyCommission Expires:!//p Z 07.271 ND CO' Document Prepnrei1rs Mail tax bills to: Mail recorded document to: 1101 Elliott Street,Trust Scott Smith.Esq. 1309 Arbor Lake Blvd 5900 Balcones Drive#21113 Hermitage TN 37076 Austin Texas 7873 t I attiaut.under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in this document unless required by law. Scott Smith The parties herein confirm and agree by their signatu es above and:or acceptance of this document that the preparer of this document has trot advised the parties on the propriety or suitability of the conveyance: has been engaged solely for the purpose of preparing this instrument_ has prepared the insrruntent only from information given to preparer by the parties and or their representati es and that they agree to hold harmless,indemnify and defend the preparer from and against any and an/arras,liabilities: claims, demands,actions suits proceedings and costs of every nature arising therefrom. The parties herein further agree at any time, and from rime to time, to cooperate. adjust; initial, erectile, re-execute and re-deliver such further deeds and documents correct any defect, error or omission and do any and all such further things as may be necessary to implement and carry out the intent of the parties in making this conveyance. Preparer shall not be liable for any consequences arising frontont aiodificahons to this document not made or approved by the preparer. 2024 29i87 City Hall City of South Bend 215 S Dr. Martin Luther King Jr. Blvd. Suite 500 BOARD OF ZONING APPEALS South Bend,IN 46601 574) 235-7627 November 5, 2025 Filed in Clerk's Office Nov 5, 2025 Common Council of South Bend 215 S. Dr. Martin Luther King Jr. Blvd. 3`d Floor Bianca Tirado South Bend, IN 46601 City Clerk. South Bend, IN Re: Bill 72-25: The petition of 1101 ELLIOTT STREET TRUST& SMITH SCOTT ROYAL AS TRUSTEE seeking a Special Exception for Dwelling,2 Units in Ul Urban Neighborhood 1 (21- 06.01(j)(3)) in the Ul Urban Neighborhood 1 for property located at 1101 ELLIOTT ST Dear Council Members: I hereby Certify that the above referenced petition of 1101 ELLIOTT STREET TRUST& SMITH SCOTT ROYAL AS TRUSTEE was legally advertised on October 24,2025 and that the South Bend Board of Zoning Appeals at its public hearing on November 3,2025 took the following action: Upon a motion by Caitlin Stevens,being seconded by Kaine Kanczuzewski and unanimously carried, a petition by 1101 ELLIOTT STREET TRUST& SMITH SCOTT ROYAL AS TRUSTEE seeking a Special Exception for Dwelling,2 Units in Ul Urban Neighborhood 1 (21-06.01(j)(3)) for property located at 1101 ELLIOTT ST,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, Brian Killen Zoning Administrator Attachment CC: Building Department Bob Palmer Staff Report — BZA#0374-25 November 3, 2025 Property Information Location:1101 ELLIOTT ST Owner: 1101 ELLIOTT STREET TRUST & SMITH SCOTT ROYAL AS TRUSTEE and IVAN LOPEZ and ISABEL RIVERA (TRUSTEES) Project Summary The petitioner is seeking to convert a one unit dwelling into a two unit dwelling. Requested Action Special Exception: Dwelling, 2 Units in U1 Urban Neighborhood 1 (21-06.01(j)(3)) Site Location 7.-„AL z. Irs7ipf J I: t i. F, i f Ai wr i N Aso 1 41 I' ....,.- aC. 4 i ' y r o y E,it a t i 4 r40 11 oo 1 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— BZA#0374-25 November 3, 2025 Proposed Site Plan Building Sketch u tto1EBogS(_-- -- ya,a Aunt,St Joaeon -- s IN DioCOM 493284413 1 1. i i i I 2. 3 j Bedroom I I I I I I Gorage I Bath II 2 Car Detached Fe-. S.' o I 1 [350 Sq RI I Living AMRoom ' EOC Sq R;4 Kitchen 20 28.8' Kitchen Bedroom 1/2 r9, Bath Dining Room Unfinished Bedroom First Floor LA 1441 Sq ft] N Basement N 1441 Sq RI Bedroom 3 Foyer Bath V`nr'Q Bedroom Room 28' 28' l U... oerr..een. l 4.1.11 R.25.IVO A.]. TO l 17.3 -W' Total 1..0.0(Mcd 11: 8Mf Y R N.erYe MY 0 So It6 ma•wd Sett R.n.MO 44 i, a,n 30R20. uro$ cm.cvimr%sI.MITA.•....w:..i....,..r....i.....f.:.._•_am.OMA, SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0374-25 November 3, 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 building will not be significantly altered by this conversion, causing it to appear the same from the street as it currently does, and adding an additional unit will have very little impact on things like traffic and noise. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Allowing for this conversion should not injure or adversely affect the uses or values of adjacent properties and the area around the building. The house as it currently exists is consistent with the scale, character, and land use of the surrounding neighborhood, and will not be significantly altered by the conversion. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; A two unit dwelling will fit with the low-density, residential character of the neighborhood. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with Objective H1.1 from the city's comprehensive plan, which is to encourage residential developments that contain a mix of housing types, densities, price ranges, and amenities. Analysis & Recommendation Analysis: Converting this one unit dwelling into a two unit dwelling will add to the city's housing stock while still fitting within the low-density, residential neighborhood surrounding it. The conversion will also entail limited alterations to the building, causing the building to appear essentially the same as it currently does from the street. 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. SOL I H MIND BOARD OF ZONING APPEALS Page 3 of 3 Filed in Clerk' Office Oct 21, 2025 B1am:a I irathl Cit Clerk _ outh Bend, IN CITY OF SOUTH BEND COMMUNITY INVESTMENT October 22, 2025 Canneth Lee, President South Bend Common Council 3rd Floor, City Hall RE: A Resolution of the Common Council of the City of South Bend, Indiana, Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to an Annexation Area in Clay Township (Willis Dunn Annexation Area) Dear President Lee: I am attaching for filing the above resolution, which is a companion to Bill No. 45-25. That bill proposes to voluntarily annex contiguous territory in Clay Township to the City of South Bend. This resolution provides for the Common Council's adoption of the written plan and policy concerning the provision of services, both capital and non-capital, to the territory to be annexed. This 4.9-acre annexation area contains seven parcels at the southwest corner of Willis Avenue and Dunn Road, plus adjacent right-of-way. All public improvements, if any, will be required to be done at the expense of the developer. I request that the attached resolution be placed on the agenda of the October 27, 2025, Common Council meeting at which the companion bill is given Second Reading. I will be attending the meeting, as well as the Zoning & Annexation Committee hearing, as the presenter. If you have any questions, please feel free to contact me at (574) 235-9451. Thank you. Sincerely, 9-r)JU Timothy Staub Zoning Specialist EXCELLENCE I ACCOUNTABILITY INNOVATION I INCLUSION I EMPOWERMENT 14005 County-City Building 227 W. Jefferson Bvld. South Bend, Indiana 46601 Ip 574.23'.i.9371 www.southbendin.gov 25-40 Filed in Clerk's Office Oct 21, 2025 BILL NO. 25-40 Bianca Tirado RESOLUTION NO. City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP WILLIS DUNN ANNEXATION AREA) WHEREAS,there has been submitted to the Common Council of the City of South Bend, Indiana,an Ordinance and a petition by all(100%)property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 4.9 acres of vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., 49.8% contiguous, generally located at the Southeast Corner of Willis Avenue and Dunn Road (54528 WILLIS AVE,54550 WILLIS AVE, 54570 WILLIS AVE, 54606 WILLIS AVE, 54610 WILLIS AVE,54638 WILLIS AVE, 54650 WILLIS AVE). It is anticipated that the annexation area will be used for residential development,primarily in the form of stacked flats; and WHEREAS, this development will require a basic level of municipal public services of a non-capital improvement nature,including police and fire protection,street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature,including police and fire protection,street and road maintenance,street sweeping, flushing, and snow removal,and sewage collection,and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one(1)year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees 1 or other governmental entities whose jobs will be eliminated by the proposed annexation. NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Clay Township, St. Joseph County, Indiana, be annexed to the City of South Bend: A PART OF THE SOUTHEAST AND NORTHEAST QUARTERS OF SECTION 31, TOWNSHIP 38 NORTH,RANGE 3 EAST,CLAY TOWNSHIP,ST.JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT # 40 IN THE PLAT OF VANESS PLAT" SUBDIVISION AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE WEST (ALL BEARINGS ASSUMED) ALONG THE SOUTH LINE OF SAID LOT AND ITS' WESTERLY EXTENSION(CROSSING WILLIS AVENUE 60 FT.R/W),A DISTANCE OF 260 FEET MORE OR LESS TO THE WEST RIGHT-OF-WAY LINE OF SAID WILLIS AVENUE; THENCE NORTH ALONG SAID WEST LINE AND ITS' NORTHEASTERLY EXTENSION (CROSSING DUNN ROAD 40 FT. R/W), A DISTANCE OF 830.30 FEET MORE OR LESS TO A POINT WHICH IS THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF DUNN ROAD WITH THE WEST RIGHT-OF-WAY LINE OF WILLIS AVENUE; THENCE EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID DUNN ROAD (CROSSING WILLIS AVENUE 40 FT. R/W), A DISTANCE OF 250 FEET MORE OR LESS TO A DIRECTLY NORTH OF THE NORTHEAST CORNER OF LOT # 35 IN SAID VANESS PLAT" SAID POINT ALSO BEING ON THE PRESENT CITY OF SOUTH BEND CORPORATE LIMIT LINE; THENCE SOUTH ALONG SAID CORPORATE LINE (CROSSING DUNN ROAD 40 FT. R/W), A DISTANCE OF 40 FEET TO THE NORTHEAST CORNER OF SAID LOT; THENCE CONTINUING SOUTH ALONG SAID CORPORATE LIMIT LINE AND THE EAST LINE OF SAID "VANESS PLAT", A DISTANCE OF 778.80 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4.90 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a 2 capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three(3)years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography,patterns of land use,or population density. Section III. The South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto and fully incorporated herein as Exhibit "A", and made a part hereof,for the furnishing of said services to the territory to be annexed,which provides,among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area with costs for extensions, any improvements in sewer or water capacity, and a City-approved drainage system to be paid for by the developer, all in compliance with state and local law; that no additional street lighting will be necessary and any future lighting especially of a decorative nature or with underground wiring will be at the developer/owner's expense; that no new public streets will be required. Section IV. Sidewalks should be provided along public streets as required and must comply with the Americans with Disabilities Act(ADA) under the PROWAG standards. Section V. It is required as a condition of annexation that any future improvements or alterations to the property meet the City of South Bend's building, zoning, and subdivision requirements. Section VI. This Resolution shall be effective from and of the date of adoption by the Common Council. 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. 3 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 4 Exhibit "A" Filed in Clerk's Office Oct 21, 2025 Bianca Tirado City Clerk, South Bend, IN THE CITY OF SOUTH BEND FISCAL PLAN WILLIS DUNN ROCKNE ' S RESERVE ) ANNEXATION AREA Prepared by City of South Bend Department of Community Investment September 11, 2025 Willis-Dunn (Rockne's Reserve)Annexation Area 2 TABLE OF CONTENTS SECTION I. INTRODUCTION 3 SECTION II. GENERAL DATA 3 A. Location B. Legal Description C. Contiguity D. Size of Annexation Area E. Buildings & Land Use F. Zoning& Subdivisions G. Population H. Tax Rate & Impact I. Parcel Ownership &Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES 6 A. Public Works B. Police Department C. Fire Department& EMS D. Neighborhood Services& Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA 10 SECTION V. FISCAL IMPACT 11 Fiscal Impact: TABLE 1 Legal Description 13 Map: MAP 1 14 Willis-Dunn (Rockne's Reserve)Annexation Area 3 SECTION I. INTRODUCTION This Fiscal Plan represents the City of South Bend's(hereinafter, "City")policy for the annexation of property in Clay Township, St. Joseph County, Indiana (hereinafter, "Annexation Area"), and was developed through the cooperative efforts of the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Community Investment Department of Administration & Finance SECTION II. GENERAL DATA A. Location The Annexation Area is located southeast of the intersection of Willis Avenue and Dunn Road 54528 Willis Avenue to 54650 Willis Avenue). See Map 1. B. Legal Description The Annexation Area is part the A PART OF THE SOUTHEAST AND NORTHEAST QUARTERS OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. For a complete legal description, see Page 13. C. Contiguity The Annexation Area is at least 1/8 (12.5%) contiguous to the current City limits: Contiguous 1,075.81 feet 49.8% Non-Contiguous 1,083.09 feet 50.2% Total 2,631.4 feet 100.0% D. Size of Annexation Area The Annexation Area is approximately 4.9 acres. Willis-Dunn (Rockne's Reserve)Annexation Area 4 E. Buildings& Land Use The Annexation Area contains nine buildings totaling 18,954 square feet. The petitioner seeks to utilize the site for multifamily residential development of 148 units. F. Zoning&Subdivisions The seven properties in the Annexation Area are currently zoned R Residential District in St. Joseph County. With the annexation ordinance, the properties would be rezoned as U3 Urban Neighborhood 3 in the City. The Annexation Area falls within the Vaness Plat. G. Population Five people currently reside in the Annexation Area. After development, 200 residents are proposed to live in the Annexation Area. H. Tax Rate& Impact The tax rates used are those of 2024 payable 2025. The total tax rate for unincorporated Clay Township is 2.5281 per $100 of taxable real estate. The total tax rate for South Bend Clay Township is 5.3384 per$100 of taxable real estate. Per State law,the tax caps expressed as a percentage of the gross assessed value for different classifications of property are as follows, regardless of the property's location being within South Bend or unincorporated St. Joseph County: Property Type Cap Homestead Residential 1.0% Non-Homestead Residential 2.0% Agricultural 2.0% Other(Commercial) 3.0% For at least the four years after the effective date of the annexation, the expected tax rates,tax levies, expenditure levels, service levels, and annual debt service payments are estimated to be approximately the same as those in effect at the time of annexation for each of the political subdivisions to which the proposed annexation applies. Because of the relatively small size of the Annexation Area and its assessed value relative to the total size and tax base of the various political subdivisions, this annexation is expected,for at least four years after the effective date of this annexation, to have a negligible impact on the finances and tax revenues of South Bend and other political subdivisions to which the proposed annexation applies,on the political subdivisions in St.Joseph County not part of this annexation, and on taxpayers not part of this annexation. Willis-Dunn (Rockne's Reserve)Annexation Area 5 I. Parcel Ownership &Assessments Assessed Parcel Identification Number Address Parcel Owner Value Total) 002-1106-5375 54650 Willis Avenue Trematerra Family Land 194,200 Holdings Inc 002-1106-5368 54638 Willis Avenue Trematerra Family Land 900 Holdings Inc 002-1106-536801 54610 Willis Avenue Trematerra Family Land 57,100 Holdings Inc 002-1106-5364 54606 Willis Avenue Trematerra Family Land 139,200 Holdings Inc 002-1106-5359 54570 Willis Avenue Trematerra Family Land 201,400 Holdings Inc 002-1106-5354 54550 Willis Avenue Trematerra Family Land 200,800 Holdings Inc 002-1106-5346 54528 Willis Avenue Trematerra Family Land 221,100 Holdings Inc Total Assessments Land: 512,700 Improvements:502,000 Total (Gross): 1,014,700 Total (Net): 1,014,700 Assessments are based on 2025 payable 2026 St. Joseph County property tax records. J. Municipal Legislative District The Annexation Area will be in the 4th District. K. Hiring Plan This annexation is not anticipated to result in the elimination of jobs for employees of any other governmental entities. The Clay Township Trustee has been notified of this proposed annexation. Willis-Dunn (Rockne's Reserve)Annexation Area 6 SECTION III. MUNICIPAL SERVICES A. Public Works Sewer - The nearest available public sewer is on Willis Avenue and Dunn Road. The sewer cannot be extended without approval from the Board of Public Works. Any extension of sewer is the sole expense of the developer. Water-The nearest water line is located north of the edge of pavement in the Dunn Road right of way. The line is an 8" ductile iron main. There is a pressure regulating valve along this main. A Utility Verification Form and System Development Charges would be required to connect to the existing water main. The next nearest water line is located west across Willis Avenue in the right-of-way. Extensions of taps into sanitary sewer and water lines shall be governed by state law and the rules and regulations of the South Bend Water Works and Sewer Utility. The Annexation Area may be subject to system development charges for both water and sewer services. Development of the site requires development of a drainage plan. No public storm sewer is available to the site. Retention basins and low impact means to promote infiltration of surface water will be required. The developer will also be required to generate an erosion control plan and obtain a permit. Streets - Upon annexation, 818 feet of Willis Avenue and 265 feet of Dunn Road will be added to the City. A City permit will be needed to add or change driveway access to the property.The developer may be required to build public sidewalk as part of the development process. Street Lighting - There is no street lighting on Willis Avenue and Dunn Road. No additional street lighting is necessary for this annexation area. Should any additional street lighting be desired, it can be provided on wood poles with overhead wiring through an ongoing contract with Indiana Michigan Power. Waivers of Annexation - No waiver of annexation is in effect for this area. 2024 Actual Budget Report for the Department: Expenditures: 35,811,357 Miles of Roadway in City: @502 Cost per Mile: @$71,337 New Mileage within Area: @0.2 miles (1,032.14 feet) Estimated Maintenance Cost for Annexation Area per year: @$9,987 Willis-Dunn (Rockne's Reserve)Annexation Area 7 B. Police Department The Annexation Area would be added to the existing Beat 11. Police patrols and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area on this beat. At this time, it is not expected that this annexation would cause calls for service to increase significantly, and it is not anticipated that it will be necessary to increase police patrols beyond the existing beat patrol. The addition of this Annexation Area will not significantly increase response time. The cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. The patrol costs would be assumed by the Police Department budget. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possible shifting of existing resources,such as a beat restructure. Police services and response time in this area may be slightly longer than that found in all other areas of the City. Police coverage to this area could begin immediately upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2024 Actual Budget Report for the Department: Expenditures (including pension cost): $54,972,592 Number of Households in City (2022): @41,488 Cost per Household: @$1,325 Number of Parcels in City (2024): @47,400 Cost per Parcel: @$1,160 Proposed Number of Households in Area: 148 Proposed Number of Parcels in Area:7 Cost for Annexation Area per year: 8,120 (7 parcels x $1,160/ parcel) Willis-Dunn (Rockne's Reserve)Annexation Area 8 C. Fire Department& EMS Fire Response - The South Bend Fire Department provides a fully staffed, full-time fire department. The Annexation Area will be serviced primarily by Station #3, located at 1805 E. McKinley Avenue, approximately 2.0 miles away. Additional Fire Department units would respond from Fire Station #2 at 402 Charles Martin Sr. Drive. which is approximately 3.1 miles away. Fire department response times are evaluated using NFPA 1710, which states the first unit should arrive within 4 minutes. After evaluating other emergency responses to nearby streets, it was found response times were anywhere from 3 - 5 minutes. Most of the time companies were right at the 4-minute mark for arrival to an emergency. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Considering the small area of annexation (4.9 acres), no improvements need to be considered at this time. The bigger concern would be to analyze the increase in buildings, apartments, condos, and housing in and around Notre Dame over time. The influx of housing is ultimately increasing the number of people living in the district and leading to an increase in emergency responses. The full effect may not be realized for several years. The district should be reevaluated continuously to be sure the needs of the residents are met. With the above information, it is reasonable to assume that current response time standards can be met with the annexation area. Emergency Medical Response - The City will provide emergency medical response to the Annexation Area. This area will be serviced by Fire Station #3, located at 1805 E. McKinley Avenue (approximately 2.0 miles away). Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Emergency medical services are supported by user fees and would be available upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2024 Actual Budget Report for the Department: Expenditures (including pension cost): $45,654,950 Number of Households in City (2022): @41,488 Cost per Household: @$1,100 Number of Parcels in City (2024): @47,400 Cost per Parcel: @$963 Proposed Number of Households in Area: 148 Proposed Number of Parcels in Area:7 Cost for Annexation Area per year: 6,741(7 parcels x $963/ parcel) Willis-Dunn (Rockne's Reserve)Annexation Area 9 D. Neighborhood Services& Enforcement The Annexation Area will be added to Area 6. The Division of Neighborhood Services & Enforcement will be able to provide services to the Annexation Area with comparable response times. The Division will respond to calls for service upon the effective date of the annexation. Full and dedicated response will be in place within one year of the effective date of the annexation. 2024 Actual Budget Report for the Division: Expenditures: 7,311,315 Number of Parcels in City (2024): @47,400 Cost per Parcel: @$154 Proposed Number of Parcels in Area:7 Cost for Annexation Area per year: 1,078 (7 parcels x$154/ parcel) E. Environmental Services Wastewater Treatment - Wastewater treatment services are supported by user fees and are paid through the Water Works billing system. Solid Waste - Larger scale residential customers are generally not served by the Bureau of Solid Waste. F. Administrative Services The City of South Bend provides a wide range of services other than those noted above, such as the Mayor's Office, the Legal Department, and Venues Parks &Arts. These services are available upon the effective date of the annexation. Full and dedicated response for non-capital services will be in place within one year of the effective date of the annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not affect the provision of other services currently provided to this property on a countywide basis. The St.Joseph County Health Department,the St. Joseph County Public Library, and the St. Joseph County/South Bend Building Department are among the countywide agencies that will continue to provide the same type and level of services to the Annexation Area. Countywide services will continue to be supported by the County and Township taxes that will remain in effect. Willis-Dunn (Rockne's Reserve)Annexation Area 10 SECTION IV. LAND USE ANALYSIS& DEVELOPMENT CRITERIA This proposed annexation will bring seven properties into the City of South Bend. The petitioner proposes utilizing the Annexation Area for multifamily residential use using stacked flats building types. The Annexation Area is presently zoned R Single Family District in unincorporated St. Joseph County. Land zoned U3 Urban Neighborhood 3 in the City is located to the south and east. To the west, across Willis Avenue, are residential dwellings zoned PUD Planned Unit Development and R-2 Multi Family District in unincorporated St. Joseph County. To the north, across Dunn Road, are residential dwellings zoned R Single Family District in unincorporated St. Joseph County. According to a preliminary site plan,the petitioner proposes to demolish the existing residential dwellings and construct 148 new units in stacked flats building types. Any improvements or future changes must meet the City's applicable building, zoning, and subdivision ordinances. Willis-Dunn (Rockne's Reserve)Annexation Area 11 SECTION V. FISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2) The City is financially able to support city services to the territory sought to be annexed. 3) Required improvements made by the petitioner and/or owner of the parcel(s) must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City, if any, will be completed within the time frames provided by State law and this fiscal plan. 5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded, and projects are closed out. 6) Property tax revenue and land assessment estimates are based on 2025 payable 2026 tax information, assessments of comparable developments, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are subject to change every year, and property tax revenues may be subject to tax caps. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area,some of these services may not be required or possibly requested for many years. Hence, the cost of providing services over the first five years should be evaluated with this in mind. Willis-Dunn (Rockne's Reserve)Annexation Area 12 TABLE 1 Summary Table - Estimated Fiscal Impact Capital Non-Capital Expenditures Notes 5-Year Total Est.) Per Year(Est.) Street Construction 0 0 Connection at Sewer Extension 0 petitioner's 0 expense Connection at Water Extension 0 petitioner's 0 expense Street Lights 0 0 Street Maintenance 0 9,987 49,935 Police 0 8,120 40,600 Fire 0 6,741 33,705 Neighborhood 0 1,078 5,390 Services Approximate 5-Year Expenditures 129,630 Revenues Notes Total (Est.) 5-Year Total Year 1 12,222.77 Year 2 12,222.77 Property Taxes Year 3 990,167.46 $4,975,282.86 to City) Year 4 1,980,334.93 Year 5 1,980,334.93 MVH/LRSA Estimated at revenue 6,497 32,487 per mile of$32,487 Approximate 5-Year Revenues 5,007,769.86 Revenue estimate based on $512,700 net land value assessment after the homes are demolished, going to $46,399,600 net assessment after half of the units are built by Year 3 and $92,799,200 when complete in Year 4.They are capped tax rate of 2% of$512,700 gross assessment in Year 1 and 2.. Using comparables, a capped 1.75%tax rate was estimated with the assumption that 25%of the units will qualify for the homestead exemption.This would apply to the net assessment of$46,399,600 in Year 3 and $92,799,200 in Years 4 and 5. Willis-Dunn (Rockne's Reserve)Annexation Area 13 LEGAL DESCRIPTION A PART OF THE SOUTHEAST AND NORTHEAST QUARTERS OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST.JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT # 40 IN THE PLAT OF "VANESS PLAT" SUBDIVISION AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE WEST (ALL BEARINGS ASSUMED) ALONG THE SOUTH LINE OF SAID LOT AND ITS'WESTERLY EXTENSION (CROSSING WILLIS AVENUE 60 FT. R/W),A DISTANCE OF 260 FEET MORE OR LESS TO THE WEST RIGHT-OF-WAY LINE OF SAID WILLIS AVENUE; THENCE NORTH ALONG SAID WEST LINE AND ITS' NORTHEASTERLY EXTENSION (CROSSING DUNN ROAD 40 FT. R/W), A DISTANCE OF 830.30 FEET MORE OR LESS TO A POINT WHICH IS THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF DUNN ROAD WITH THE WEST RIGHT- OF-WAY LINE OF WILLIS AVENUE; THENCE EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID DUNN ROAD (CROSSING WILLIS AVENUE 40 FT. R/W), A DISTANCE OF 250 FEET MORE OR LESS TO A DIRECTLY NORTH OF THE NORTHEAST CORNER OF LOT # 35 IN SAID "VANESS PLAT"SAID POINT ALSO BEING ON THE PRESENT CITY OF SOUTH BEND CORPORATE LIMIT LINE; THENCE SOUTH ALONG SAID CORPORATE LINE (CROSSING DUNN ROAD 40 FT. R/W), A DISTANCE OF 40 FEET TO THE NORTHEAST CORNER OF SAID LOT;THENCE CONTINUING SOUTH ALONG SAID CORPORATE LIMIT LINE AND THE EAST LINE OF SAID "VANESS PLAT", A DISTANCE OF 778.80 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4.90 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Willis-Dunn (Rockne's Reserve)Annexation Area 14 MAP 1 Rockne's Reserve Annexation Area 11- 71- 11. 1.-- 11111111 . iiiiiiill 10• 2=----,_....- -••• 74#0.- Hc...:1 .•;s I. lilt -, , r, ,R'. IIi11111 r, lir, IIIIII. v 'Go T. -- I mow. d `.4__.._._ _-- It11 , 1IfI^IMt .I>ifrt I t N IRISH- ' 1 IILea w I- 1 r - WAY PPat c;:ia Q It,) s_ 1r, , -: '•- 11(44-111t4t... ...::4-;,,7.,11.';';'*;''.:',''I-, L imi. It Q ti . ';y rates xl r N IRISHt r, • 4 a N IRISH WAY 41 r WAY J r r- F SOP ' ,..'. STA Rockne's Reserve Annexation Area I City of South Bend Prepared by the South Bend Department of Community Investment July 28,2025 * * * C11111l'th I.cl' l'rl' 1clt·111 H;1d1cl 1·0111;t, \I11rt!,;111 \'icl' Pn-,1ck111 l'roy \\";irnn Ch,urpcr,( 11. Co1111111llcl' ol tltc \\"!Joie Ctlllll'tl1 l,l'l' 1-'ir,1 D1,1nn ( )pl1l·lia ( :oocki1-Rudt;cl"', t co11d l)h1ri11 'll1arrn1 I.. \lcBnck Tlmrl l)i,1rw1 rrr)\ \\ ;1r111.:r Frn1rtl1 l)i,1ric1 '-;!tern B1>lck11-'-,1m1hC>1 1 hl"tlt l)i,1ric1 '-,l1ctla \1l'/t!,od,k1 '-;i\t Ji 1)1\I I ICI D r. ( >It, 1·1 1);111:- . \1 ( �Ill(\' Had1d I rn11a, \lori:;11 1 .\1 I .;1n,c 1'.;1rc11 I.. \\ lull' . \1 [ All"t!,l City of South Bend Common Council :\Oil C11y I I.di• �Li\ . .\,J;ini11 l.uthn Ki1n.\ . .lr. l\hcl. �ou1l1 Brnd. l11cli;111 ;1 1-(i(i()l October 22, 2025 South Bend Common Council 227 W. Jefferson Blvd South Bend, IN 46601 Filed in Clerk's Office Oct 22, 2025 Bianca r1rado City Clerk South Bend, I Re A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR RELIEF FROM THE DE VAST A TING IMPACT OF SENATE ENROLLED ACT 1 ON THE CITY OF SOUTH BEND AND OTHER LOCAL GOVERNMENT AL ENTITIES WITHIN THE ST ATE OF INDIANA Dear Council Members: We are seeing the devastation Senate Enrolled Act 1 is having on local government units as demonstrated by substantial cuts to the 2026 budget proposed to the Common Council. It is projects that such cuts are not just a one-time adjustment but will also be required in the future unless local governmental entities impose additional local income taxes on their residents. This proposed resolution calls for relief from the devasting impact of Senate Enrolled Act 1 though a replacement state revenue stream which does not negatively impact South Bend's ability to continue to meet the needs and expectations of its residents now and into the future. Please schedule this proposed resolution for Committee hearing-on October 27, 2025, and place it on the full Council agenda later that night. We are asking that the resolution be assigned to the Zoning and Annexation Committee because it does not fit neatly within any other committee, Thank you for your consideration. Sincerely yours, Dr. Oliver Da� At-Large, South Bend Common Council 25-44 Sherry Bolden-Simpson, Fifth District, South Bend Common Council I,i71) 235-1;t`)1• Fax 15711135-917:1 •'11)1) (37 1) 2:15-3.iG7 • hup: /w w'.soutI1hcudiu.gm Filed in Clerk's Office Oct 22, 2025 BILL NO. 25-44 Bianca Tirado City Clerk, South Bend, EN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR RELIEF FROM THE DEVASTATING IMPACT OF SENATE ENROLLED ACT 1 ON THE CITY OF SOUTH BEND AND OTHER LOCAL GOVERNMENTAL ENTITIES WITHIN THE STATE OF INDIANA WHEREAS, the Indiana legislature passed legislation in 2025, most notably Senate Enrolled Act 1 (SEA 1), which facially reduces residential property tax bills for homeowners and changes how tax liabilities are calculated; and WHEREAS, homeowners deserve affordable property tax bills as well as adequate public safety and services; and WHEREAS, the legislation does not provide replacement state funding for adequate public safety and city services which will soon be showing devasting negative impacts; and WHEREAS, the legislation will also stifle economic development opportunities in South Bend, negatively impacting continued future growth; and WHEREAS,the economic impact on municipal taxing units has been estimated to exceed 2 Billion; and WHEREAS, the legislation provides an option for additional local income taxes of a maximum of 1.2% for municipal services, plus a maximum of 1.2% for county services, plus an additional income tax up to 0.05% for a possible local income tax rate of 2.9%; and WHEREAS,the ability to adopt a local income tax option provided in the legislation could be a helpful tool for municipal units who are given such authority, it is not adequate to replace the magnitude of the funding being eliminated,thereby making the local income tax option a necessity, rather than a true option; and WHEREAS the local income tax option amounts to a mandated local income tax increase on both homeowners and those who do not own their own homes; and WHEREAS, the negative impact of the legislation is currently being seen through the slashed budget proposals submitted for Common Council approval; and WHEREAS, the legislation will likely impact public safety through the effects on contracts recently negotiated between the City and South Bend police officers and firefighters;and WHEREAS,replacement state funding is needed to maintain the level of public safety and services that residents of South Bend expect and deserve. NOW,THEREFORE,BE IT RESOLVED,by the Common Council of the City of South Bend, Indiana, as follows: SECTION I.The Common Council of the City of South Bend,Indiana calls for relief from the devastating impact of Senate Enrolled Act 1 on South Bend and other local governmental entities throughout the state. SECTION II. More specifically, the Common Council calls for a replacement revenue stream implemented by the State of Indiana which does not negatively impact South Bend's ability to continue to meet the needs and expectations of its residents now and into the future. SECTION III.This resolution shall become effective upon the date of passage. Dated this 27th day of October 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 CITY OF SOUTH BEND COMMUNITY INVESTMENT November 4 , 2025 Council Member Troy Warner Chairperson, Community Investment Committee South Bend Common Council County-City Building, 4 th Floor South Bend, Indiana 46601 Filed in Clerk's Office Nov 4, 2025 Bianca rirado '11y Clerk South Bend, f 1 RE: Confirming Resolution: Warehouse Development Real Property Tax Abatement Petition for Michigan Motorsports LLC Dear Council Member Warner, Please find the enclosed Confirming Resolution and Memorandum of Agreement for a warehouse development real property tax abatement for Michigan Motorsports, LLC, a Michigan Limited Liability Company. The petitioner plans to develop the property at 3315 William Richardson Court to move their entire operations from Niles, Michigan, to South Bend. The company will construct a 50,000 square foot office, warehouse, distribution center, and showroom. The total investment in this project is $4,550,000. The project meets the qualifications for a seven-year (7) warehouse development real property tax abatement. A representative from Michigan Motorsports, LLC, will be available to meet with the Committee on Monday, November 10, 2025. Should you or other Council members have questions about the report or need additional information, please feel free to call me at (57 4) 245-6022. Sincerely, Joseph Molnar Assistant Director, Growth and Opportunity EXCELLENCE ACC OUNTABILITY INNOVATION INCLUSION EMPOWERMENT South Bend City Hall. Suite 500 215 S. Martin Luther King Jr. Blvd. South Bend, IN 46601 p 574.235.9371 www.southbendin.gov 25-46 Filed in Clerk's Office Nov 4, 2025 Bianca Tirado BILL NO. 25-46 City Clerk, South Bend, [N RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3315 William Richardson Court, South Bend, Indiana 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN-YEAR (7) REAL PROPERTY TAX ABATEMENT FOR 4Boys4 Investments 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: 71-03-21-232-021.000-009 Local Parcel Number: 025-1013-021202 Commonly Known As: 3315 William Richardson Court Legal Description: Midwest Embroidery Inc Minor Subdivision Lot I Annexed From 04-1013-0212.02 92-93 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, 4Boys4 Investments LLC has entered into a purchase agreement with the South Bend Redevelopment Commission to acquire ownership of the area; and WHEREAS, the petitioner—Michigan Motorsports LLC—and 4Boys4 Investments LLC are common entities;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. 5150-25 on October 27, 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 warehouse development real property tax abatement only and shall expire on December 31, 2028. 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 - 90% Year 3 - 80% Year 4- 70% Year 5 - 60% Year 6- 50% Year?- 50% 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 Nov 4, 2025 Bianca Tirado MEMORANDUM OF AGREEMENT City Clerk, South Bend, IN WAREHOUSE DEVELOPMENT REAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement(the"Agreement") dated as of October 31,2025, serves as confirmation of a commitment by 4Boys4 Investments LLC (the"Applicant"),pending a November 10, 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 ar d this Agreement. 1. Property Associated with the Abatement and Responsibilities of the Applicant. At the time of this Agreement,the property is located at 3315 William Richardson, South Bend, Indiana 46628,and has Key Number 71-03-21-232-021.000-009. 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 elso 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 fail ire to promptly report changes can result in a finding of noncompliance on behalf of the Applicant under the commitments of this Agreement. 2. Comm tments 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 seven-year(7)warehouse 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 Four Million Dollars ($4,000,000.00) for the construction of new structures totaling approximately fifty thousand(50,000)square feet at property identified in Section 1 of this Agreement; b)creating at least thirteen(13)permanent full-time jobs with a total estimated annual payroll of at least Eight Hundred Thousand Dollars($1,301,976.00); and c)acting in good faith to complete the project as described in its Application. 3. Applicant's Compliance with City and State Laws. During the term of the abatement, the Applicant shall comply with Chapter 2, Article 6, of the South Bend Municipal Code, entitled"Tax Abatement Procedures," and all governing provisions of the Indiana Code. During the term of this abatement,the City may annually request information from the Applicant concerning the nature of the Project, the approved capital expenditure of the Project, the number of full-time permanent positions newly created by the Project,and the average wage rates and salaries(excluding benefits and overtime) associated with the positions,and the Applicant shall provide the City with adequate written evidence thereof within fifteen (15) days of such request (the "Annual Survey"). The City shall utilize this information anc 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 1 Applicant furrier agrees to provide the City with such additional information as requested by the City to determine Applicant's compliance with the Commitments and with local and state requirements within twenty(20)days following any such request. Notwithstanding anything herein to the contrary, the Applicant acknowledges that the City may be required to disclose certain documents provided by the Applicant as required by a court order or applicable law. 4. Substantial Compliance and Rights of Termination. The City, by and through the SBCC, reserves the right to terminate the Economic Revitalization Area designation and associated property tax abatement Jeductions 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 fa lure to substantially comply with the Commitments was not due to factors beyond its reasonable cor trol,as described in Section 5 below. 5. Factort 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 submissioi 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 shalt: (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 qf operations at such facility, then the City may immediately terminate the Economic Revitalization Area designation and associated tax abatement deductions, and upon such termination, require Applicant to repay all of the tax abatement savings received through the date of such termination. 7. Notice/Hearing of Termination. In the event that the City determines that the Economic Revitalization Area designation and associated tax abatement deductions should be terminated or that all or a portion of the tax abatement savings should be repaid, it will give the Applicant notice of such determination, including a written statement calculating the amount due from the Applicant, and will provide the Applicant with an opportunity to meet with the City's designated representatives to show cause why the abatement should not be terminated and/or the tax savings repaid. Such notice shall state the names of the person with whom the Applicant may meet and will provide that the Applicant shall have thirty (30) days from the date of such notice to arrange such meeting and to provide its evidence concerning why the abatement termination and/or tax savings repayment should not occur. If,after giving such notice and receiving such evidence,if any,the City determines that the abatement termination and/or the tax repayment action is proper, the Applicant shall be provided with written notice and a hearing before the SBCC before any final action shall be taken terminating the abatement and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. Joseph County Superior or Circuit Court. 2 8. Repa ent. In the event the City requires repayment of the tax abatement savings as provided hereunder, it hall provide Applicant with a written statement calculating the amount due (the Statement"), : d Applicant shall make such repayment to the City within one hundred twenty(120) days of the da e of the Statement. If the Applicant does not make timely repayment,the City shall be entitled to all easonable costs and attorneys' fees incurred in the enforcement of this Agreement and the collection f the tax abatement savings required to be repaid hereunder. 9. Modi`cation/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 hereo and supersede all prior and contemporaneous agreements and understandings, inducements, • d conditions, expressed or implied, oral, or written, except as herein contained. This Agreement m.i not be modified or amended other than by an agreement in writing signed by the City and the Appli'ant. The Applicant understands that any and all filings required to be made or actions required to be aken to initiate or maintain the abatement are solely the responsibility of the Applicant. 10. Waive . Neither the failure nor any delay on the part of the City to exercise any right,remedy, power, or pri lege 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 an other right,remedy,power,or privilege with respect to any occurrence or be construed as a waiver of uch right,remedy,power,or privilege with respect to any other occurrence. No waiver shall be effecti e unless it is in writing and is signed by the party asserted to have granted such waiver. 11. Notice All notices, requests, demands, and other communications required or permitted under this A u ement shall be in writing and shall be deemed to have been received when delivered by hand or by fac.imile (with confirmation by registered or certified mail) or on the third business day following the ailing,by registered or certified mail,postage prepaid,return receipt requested,thereof, addressed as s.t forth below: If to Applicant: Michigan Motorsports 255 Bell Road Niles, Michigan 49120 Attn: Dan Baber If to the City: City of South Bend, Indiana 215 S. Dr. Martin Luther King Jr. Boulevard Suite 500 South Bend, Indiana 46601 Attn: Executive Director of Community Investment 12. Gove i ng Laws of Indiana. This Agreement and all questions relating to its validity, interpretation, erformance,and enforcement shall be governed by the laws and decisions of the courts of the State of ndiana. 13. Applic. it's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of e Courts of the State of Indiana and of the St.Joseph County Circuit or Superior Court in connection 'th any action or proceeding arising out of or relating to this Agreement or any 3 documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this • greement shall be brought in such County and in such Court. 14. Assi• ment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit of the ity and the Applicant and their successors and assigns, except (a) that no party may assign or tran•fer its rights or obligations under this Agreement without the prior written consent of the other pa hereto, in which consent shall not be unreasonably withheld, and (b) Applicant may assign and tr. sfer its rights under this Agreement to the Permitted Assign without prior written consent. "Pe itted Assign" means the affiliated single purpose entity created for purposes of designing, co structing, owning, operating, and maintaining the project which is the subject of this Agreement. • 15. Valid and Bindin. A•reement. This Agreement may be executed in any number of counterparts, .ach of which shall be deemed to be an original as against any party whose signature appears thereo ,and all of which shall together constitute one and the same instrument. By executing this Agreeme t, 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. Sever. Dili . The provisions of this Agreement and of each section or other subdivision herein are independe t of and separable from each other,and no provision shall be affected or rendered invalid or unenforcea de by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable n whole or in part unless this Agreement is rendered totally unenforceable thereby. 17. No Pe onal Liabilit . No official, director, officer, employee, or agent of the City shall be charged perso ally by the Applicant, its employees, or its agents with any liabilities or expenses of defense or be eld 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" 4Boys4 Investments LLC City of South Bend, Indiana By: 1 By: Ardannie Baber Canneth Lee Member,4Boys4 Investments LLC President, South Bend Common Council Approved as 'o Legal Adequacy and Form this By: 3 day of ..(4/ ..J,'r, 2025. Troy Warner Chairperson, Community Investment Counsel, Sou h Bend Common Council Committee By: Erik Glavich Counsel for Applicant Department of Community Investment By: James Mueller Mayor 5 * * * * * C11111ttl1 Lee 1'11·,1dc11 1 Hacl1cl f'om;h ;\,lor(\�111 \'in· Prc,11k111 f'rm \\'anit1 l'li:11'7Jl'l,OII. C<Jllllllilll'L ol 1k \\'liok ( a1111L·Lli I ,l'L' Fir,L l)i,1ric1 ( )plll'li,1 ( ;uock11-l{od •n "n'Cll 1cl !)hi ril'I '-,l1anJ11 I .. \kBndc rlmd 1),,11 icl Tro1 \\ ;1rm 1 F011r1l1 I )i,1nc1 '-tli,·1 n B<>lck-11-"ii11 llh< ll 1 l·ilil1 l)i,1nr1 "il1cd;1 \1l·1�od k.1 "it\lli DhlllCl Kid ll'I I om;1, \101�:111 . \1 I .;11 �l' h .. 1J"L'II ( .. \\'l11IL' . \1 ( ,ll'�L' City of South Bend Common Council :mo Cit) I (;di• �l.i �-\Ltrt111 L111licr Ki111{.Jr. Bild. 'lo111li Brnd. l11dia11;1 l(i(iOI Filed in Clerk's Office Nov 4, 2025 Bianca rira<lo City Clerk, 'outh Bend, I November 4, 2025 Chairperson Sheila Niezgodski South Bend Common Council 215 S. Dr. Martin Luther King, Jr. Blvd., Suite 300 South Bend, IN 4660 I Re A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ACKNOWLEDGING THE IMPACT OF THE FEDER AL GOVERNMENT SHUTDOWN ON SNAP RECIPIENTS AND CALLING FOR A PUBLIC HEARING TO CONSIDER EMERGENCY MEASURES TO SUPPORT RESIDENTS EXPERIENCING FOOD INSECURITY Dear Chairperson Niezgodski: This resolution calls upon the South Bend Common Council's Personnel and Finance Committee to convene an emergency public hearing with the Department of Administration and Finance to assess how city reserves including General Fund and Rainy Day Fund resources--can be temporarily leveraged to support approximately 20,000 South Bend residents facing the imminent suspension of federal Supplemental Nutrition Assistance Program (SNAP) benefits due to the ongoing federal government shutdown. The resolution emphasizes the city's fiduciary duty to safeguard the well-being of its residents, especially vulnerable children, seniors, and working families, and urges local leadership to explore all feasible options to prevent a local food insecurity crisis. Please schedule this proposed resolution for the Personnel and Finance Committee meeting on November IO, 2025, and place it on the full Council agenda for later that night. Thank you for your consideration. Sincerely yours, Dr.Oliv� Sherry Bolden-Simpson At-Large, South Bend Common Council 5th District, South Bend Common Council 25-47 Filed in Clerk's Office Nov 4, 2025 BILL NO. 25-47 Bianca Tirado City Clerk. South Bend, IN RESOLUTION NO. A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,ACKNOWLEDGING THE IMPACT OF THE FEDERAL GOVERNMENT SHUTDOWN ON SNAP RECIPIENTS AND CALLING FOR A PUBLIC HEARING TO CONSIDER EMERGENCY MEASURES TO SUPPORT RESIDENTS EXPERIENCING FOOD INSECURITY WHEREAS,as of October 30,2025, the United States Federal Government has remained in partial shutdown for 30 days,resulting in suspended or reduced funding for numerous essential programs that directly affect the residents of the City of South Bend; and WHEREAS,the Supplemental Nutrition Assistance Program (SNAP), commonly known as the food stamp/EBT program, provides critical monthly food support to thousands of South Bend residents, including families with children, seniors,and persons with disabilities; and WHEREAS,more than 20,000 South Bend residents—roughly one in five residents in the city—depend on SNAP benefits to meet their most basic sustenance and nutritional needs; and WHEREAS, the current federal government shutdown has interrupted or imminently threatens to interrupt these benefits,placing thousands of households at risk of hunger, malnutrition, and related health and safety concerns; and WHEREAS, the City of South Bend, as a home-rule municipality, maintains healthy general and rainy-day fund cash reserves that reflect years of strategic and prudent fiscal management, and the South Bend Common Council has a fiduciary responsibility to safeguard taxpayer dollars; and WHEREAS, the Common Council of the City of South Bend recognizes that fiscal stewardship also entails the responsible and compassionate deployment of public resources in moments of emergency that threaten the welfare of the city's residents and neighborhoods; and WHEREAS, it is both reasonable and necessary for the South Bend Common Council to hold an emergency public hearing to evaluate potential strategies—including, but not limited to, the temporary allocation of city reserve funds—to ensure that all residents,particularly children, seniors,and people with disabilities,have access to adequate food during the continuation of the federal shutdown; and WHEREAS, the Common Council affirms its commitment to transparency, accountability,and the public trust by engaging residents, community organizations,and city departments in open discussion regarding the potential use of local resources to alleviate immediate hardship; and WHEREAS, replacement state funding is needed to maintain the level of public safety and services that residents of South Bend expect and deserve. NOW,THEREFORE,BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Council shall convene, through its Personnel and Finance Committee,a public hearing to receive testimony, review available fiscal data, and consider the feasibility of allocating a portion of city reserves to provide short-term food assistance or related relief to South Bend residents affected by the federal shutdown. Section IL The City Clerk of the Common Council shall transmit this resolution to all Members of the South Bend Common Council,Mayor of the City of South Bend, and to the Department of Administration and Finance for prompt review and coordination. Section III.This resolution shall become effective upon the date of passage. Dated this 10th day of November 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 * * * C.;11111l·tl1 In· l're,ick-i,t lbcl1L·I l'rnn,1, :\l,>r!.(;111 \ ice l'rc,iclc111 1'ro1 \\ ,lrlll'r Cluirp ·r,rn1. Co11u11i1tL·c ol liiL· \\.l10IL· L'a1111l'lli I .1T Fir,1 l)i,1nc1 ( )pl1L·li;1 ( ,,11HIL·11-Hod l\n, 'le,"'"' I )!',Ira I 'lit,inll1 I .. \li-BnciL Tltircl Di,11x1 l'n\\ \\ ,11'111'1 h,unli I )htnc1 '-;I wrn l1oldc11-11llp,011 hltl1 I )1,1rir1 'liicil,1 \1 ·1�nd,l-..1 'tl\tli 1)1 Ii-WI lk (>l11LT l):1,i� \1 Lu�c ltwltL·I I 11111,1, \lon;;111 . \I [ .,II �l· h.arut I .. \\.l111L· . \1 I .. 111.(t· City of South Bend Common Council ,WO C111 I l,t!I • '.21.i S. \Lt1ti11 l.llllin h.1111.;.Jr. Bhcl. 'tflllilt lk11(l. l11cli:111;1 l.li(iOI November 5, 2025 Chairper son Rachel Tomas Morgan South Bend Common Council 215 S. Dr. Martin Luther King, Jr. Blvd. Suite 300 South Bend, IN 46601 Filed in Clerk's Office Nov 5, 2025 Bianca [ irndo City Clerk '011Lh lknd. I Re A RESOLUTION ON BEHALF OF THE SOUTH BEND COMMON COUNCIL CONSENTING TO THE RENEW AL OR CONTINUANCE OF A DECLARATION OF A LOCAL DISASTER EMERGENCY UNTIL A Y ORDER OR PROCLAMATION LAWFULLY TERMINATES THE LOCAL DISASTER EMERGENCY OR THE PASSAGE OF A RESOLUTION BY THE COMMON COUNCIL REVOKING THIS CONSENT Dear Chairperson Tomas Morgan: The health, safety and welfare of our residents are being jeopardized by the federal government's suspension of the SNAP program. The consequent hardship to many of our residents supports a declaration of a "local disaster emergency" under Indiana state statutes. Such a declaration may not be continued or renewed for more than seven days except by or with the consent of the Common Council. This creates a lapse if the Council consents only at its regular meetings held approximately every fourteen days. This proposed resolution provides the Common Council's continuing consent to continue or renew the local disaster emergency until the next subsequent full Common Council meeting unless the local disaster emergency is earlier terminated. Please schedule this proposed resolution for the Health and Public Safety Committee meeting on November I 0, 2025, and place it on the full Council agenda for later that night. Chairper on Tomas Morgan has been informed, and agrees, that this resolution will be heard that committee. Thank you for your consideration. 25-48 Sincerely yours, egf ('' .- Canneth Lee, President South Bend Common Council 571.) 235-932I• Fax (57I) 233-9173•"I'I)U(. 7I) 235-331;7• bilp://vm-w.soutlibulichil.gov Filed in Clerk's Office Nov 5, 2025 BILL NO. 25-48 Blanca l'rad° City Clerk, South Bend, IN RESOLUTION NO. A RESOLUTION ON BEHALF OF THE SOUTH BEND COMMON COUNCIL CONSENTING TO THE RENEWAL OR CONTINUANCE OF A DECLARATION OF A LOCAL DISASTER EMERGENCY UNTIL ANY ORDER OR PROCLAMATION LAWFULLY TERMINATES THE LOCAL DISASTER EMERGENCY OR THE PASSAGE OF A RESOLUTION BY THE COMMON COUNCIL REVOKING THIS CONSENT WHEREAS, due to the ongoing lapse in appropriations within the federal government, the U.S. Department of Agriculture has ceased funding for Supplemental Nutrition Assistance Program("SNAP")benefits effective November 1, 2025, creating an abrupt and unprecedented disruption in food assistance; and WHEREAS, it is estimated that approximately twenty thousand(20,000) South Bend residents rely on SNAP to meet their food needs, which is nearly one-fifth of the City's population, and this sudden lapse in benefits places a significant portion of South Bend's residents at imminent risk of food insecurity; and WHEREAS, this interruption of benefits threatens the health, safety, and welfare of South Bend residents,particularly the most vulnerable, and will strain local organizations already operating at or near capacity; and WHEREAS, the hardship created by this lapse in benefits will increase the demand for assistance from local government, charitable organizations, and community partners; and WHEREAS, the resulting food access emergency is expected to generate sudden distress and suffering in the South Bend community; and WHEREAS, while there has been pending litigation nationwide regarding the availability of federal funds to pay for SNAP benefits, the urgent needs of the community require immediate action to mitigate the distress and suffering generated by the food access emergency, rather than waiting for the outcome of litigation; and WHEREAS, Indiana Code 10-14-3-29 states that a"local disaster emergency"may be declared only by the principal executive officer of a political subdivision; and, WHEREAS, the same statute provides that a declaration of a"local disaster emergency" may not be continued or renewed for more than seven days except by or with the consent of the governing board of the political subdivision; and, WHEREAS, any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly in the office of the Clerk of the political subdivision; and, WHEREAS, the effect of a declaration of"local disaster emergency": (1)activates the response and recovery aspects of all applicable local or interjurisdictional disaster emergency plans; and, (2)authorizes the furnishing of aid and assistance under the plans; and, WHEREAS,the regular meetings of the South Bend Common Council take place on the second and fourth Mondays of each month, therefore creating a period of fourteen (14)days between meetings; and, WHEREAS, it is the intent and desire of the Common Council to ensure that there is no gap in the principal executive officer's declaration of a"local disaster emergency;" and, WHEREAS,the South Bend Common Council recognizes that a federal government shutdown and sudden lapse of SNAP Benefits have resulted in financial hardship and uncertainty for many residents of the City of South Bend to meet their basic needs; and, WHEREAS,the Council acknowledges that the temporary loss of income and delay in federal assistance may impair residents' ability to pay for essential services, including water, sewer, and other utilities; and, WHEREAS, the Common Council finds that these circumstances constitute an emergency situation requiring immediate and temporary action to prevent undue hardship on affected residents. NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, AS FOLLOWS: SECTION I. The Common Council hereby consents to continue or renew the"local disaster emergency" until the next subsequent full Common Council meeting,whether regular meeting or special meeting due to the emergency that exists within the City of South Bend as a result of the ongoing federal government shutdown and its impact on residents' financial stability and access to essential needs. SECTION II. This consent is revoked upon any order or proclamation terminating the local disaster emergency" or upon the full restoration of federal nutrition assistance services to South Bend residents. SECTION III. The Common Council supports a 3-month suspension of utility shut-offs for affected residents to assist in meeting their basic needs and the use of appropriated civil city funds to assist food banks and other nonprofit agencies working to maintain food access during this emergency. SECTION IV.This resolution shall become effective upon the date of passage. 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