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04-10-2023 Final Agenda and Committee Meeting Notice Packet
OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, APRIL 6, 2023 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, April 10, 2023: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public or Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/04102023CC. 5:00 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, WAX Bill No. 14-23 – An Ordinance Amending Chapter 6, By Adding Article 15, Sections 6-94 Through 6-108 Inclusive to Require Landlords and Tenants to Participate in Bed Bug Remediation 5:10 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TOMAS-MORGAN Bill No. 23-17 – A Resolution Confirming the Adoption of a Declaratory Resolution Designating Certain Areas Within the City of South Bend, Indiana, Commonly Known as 213 West Washington Street, South Bend, IN 46601 an Economic Revitalization Area for Purposes of an Eight-Year (8) Real Property Tax Abatement for Apartments and Commercial Space at Tower at Washington Square, LLC Bill No. 23-18– A Resolution Designating Certain Areas Within the City of South Bend, Indiana, Commonly Known as 724 Harrison Avenue, South Bend, IN 46616 and 726 Harrison Avenue, South Bend, IN 46616 as a Residentially Distressed Area for Purposes of a Five-Year (5) Residential Real Property Tax Abatement for Cross Community, Inc. 5:25 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN Bill No. 11-23 – An Ordinance Approving a Petition of the Advisory Board of Zoning Appeals for Property Located at 1306, 1330 High St. and 909 E. Broadway St., Councilmanic District No. 3 in the City of South Bend, Indiana Bill No. 12-23 – An Ordinance Approving a Petition of the Advisory Board of Zoning Appeals for the Property Located at 439 Dundee St., Councilmanic District No. 6 in the City of South Bend, Indiana Councilmanic District No. 6 Bill No. 13-23 – An Ordinance Approving a Petition of the Advisory Board of Zoning Appeals for Property Located at 1602 S Michigan St. Councilmanic District No. 3 in the City of South Bend, Indiana Bill No. 03-23 – An Ordinance Annexing to and Bringing Within the City Limits of South Bend, Indiana, Certain Land Located in German Township, Contiguous Therewith; Councilmanic District No. 1, for the Southeast Corner of Nimtz Parkway and Olive Road, South Bend, Indiana (Resurrection Lutheran Annexation Area) Bill No. 23-16 – A Resolution Adopting the Written Fiscal Plan and Establishing a Policy for the Provision of Services to an Annexation Area in German Township (Resurrection Lutheran Annexation Area) Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning and Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, April 10, 2023 7:00 PM The South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/04102023SBCC. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES 03-13-2023 South Bend Common Council Meeting Minutes 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 03-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, FOR THE SOUTHEAST CORNER OF NIMTZ PARKWAY AND OLIVE ROAD, SOUTH BEND, INDIANA – (PUBLIC HEARING ONLY) 11-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1306, 1330 HIGH ST. AND 909 E BROADWAY ST. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 12-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 439 DUNDEE STREET, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 13-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1602 S MICHIGAN ST. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 14-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 11-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1306, 1330 HIGH ST. AND 909 E BROADWAY ST. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 12-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 439 DUNDEE STREET, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 13-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1602 S MICHIGAN ST. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 14-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION 11. RESOLUTIONS BILL NO. 23-16 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (RESURRECTION LUTHERAN ANNEXATION AREA) 23-17 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 213 WEST WASHINGTON STREET, SOUTH BEND, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT-YEAR (8) REAL PROPERTY TAX ABATEMENT FOR APARTMENTS AND COMMERCIAL SPACE AT WASHINGTON SQUARE LLC 23-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 724 HARRISON AVENUE, SOUTH BEND, IN 46616 AND 726 HARRISON AVENUE, SOUTH BEND, IN 46616 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE - YEAR (5) RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CROSS COMMUNITY INC. 12. BILLS OF FIRST READING BILL NO. 17-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 751 COTTAGE GROVE AVENUE 18-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 630 AND 632 HARRISON ST. 19-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 506 N. OLIVE ST. COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 20-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY RESCINDING AND REPLACING ARTICLE 14 TITLED RENTAL SAFETY VERIFICATION PROGRAM 13. UNFINISHED BUSINESS 14. NEW BUSINESS 15. PRIVILEGE OF THE FLOOR 16. ADJOURNMENT 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 2023 COMMON COUNCIL STANDING COMMITTEES (Rev. 03-24-2023) 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. Rachel Tomas Morgan, Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Thomas Kurzhal, Citizen Member Henry Davis, Jr., Member 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. Troy Warner, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Eli Wax, Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Sharon L. McBride, Member Eli Wax, Member Sheila Niezgodski, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Eli Wax, Chairperson Troy Warner, Member Karen L. White, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson 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. Canneth Lee, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Beth Sanford, 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 Eli Wax, Member Troy Warner, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, 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 Lori K. Hamann, Member Karen L. White, Vice-Chairperson Carl Littrell, Citizen Member Jason Piontek, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Henry Davis, Jr., Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Amika Micou, Citizen Member Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Henry Davis, Jr., Chairperson Troy Warner, Member Eli Wax, Vice-Chairperson Lori K. Hamann, Member Citizen Member 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. Lori K. Hamann, Chairperson Sheila Niezgodski, Member Henry Davis, Jr., Vice-Chairperson Karen L. White, Member James Snodgrass, 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 Eli Wax, Member 2023 COMMON COUNCIL STANDING COMMITTEES (Rev.01-09-2023) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member Community Investment Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Relations Committee, Chairperson Health & Public Safety Committee, Member Personnel & Finance Committee, Vice-Chair Utilities Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Committee Relations, Member Utilities, Vice-Chairperson Sub-Committee on Minutes, Member Community Investment, Member Council Rules Committee, Member Personnel & Finance, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Community Investment Committee, Chairperson Personnel & Finance Committee, Member Health & Public Safety Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Public Works & Property Vacation, Vice Chairperson Health & Public Safety Committee, Vice-Chairperson Zoning & Annexation Committee, Member LORI K. HAMANN, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation, Member Information & Technology Committee, Vice-Chairperson Utilities Committee, Member Community Relations Committee, Vice- Chairperson Sharon L. McBride President Sheila Niezgodski Vice-President Gumeth Lee Chairperson, Committee of the Whole Gumeth Lee First District Henry Davis, Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Eli W-ax Fifth District Sheila Niezgodski Sixth District Karen L. White At L arge Rachel Tomas Morgan At L arge Lori K. Hamann At Large City of South Bend Common Council 441 County-Gty Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 March 8, 2023 Chairperson Eli Wax Health and Public Safety Committee South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 (574)235-9321Fax (574) 235-9173 IDD (574) 235-5567 http://www.southbendin.gov RE: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION Dear Chairperson Wax: Most of us in our youth heard our elders say "Good night. Don't let the bed bugs bite." That cute childhood rhyme has a much different meaning today. It is now an actual warning. Bed bug infestations throughout the entire city are distressing our residents. It has gotten so bad that teachers are leaving classrooms to avoid risking taking bed bugs home with them. Something must change. Several states have specific laws addressing the issue of bed bugs. Unfortunately, Indiana is not one of those states. Arguably, IC 32-31-8-5 provides broad protection in the form of a warranty of habitability. The Indiana General Assembly has considered bills specifically providing for bed bug remediation in the 2021 session and currently in the 2023 session. Although these bills have not passed in the General Assembly. I believe that it is in the best interests of city residents to have the such protection. This ordinance, based on bills that have been addressed in the General Assembly requires a tenant to inform the landlord if the tenant reasonably suspects the presence of bed bugs. The ordinance requires landlords to have dwelling units inspected by a qualified inspector. After receipt of an inspection report, the landlord must to inform the tenant whether the dwelling unit contains bed bugs and, if so, to begin reasonable measures to treat the bed bug presence. The ordinance also establishes responsibilities for the tenant and landlord concerning notice, access, and costs. BILL NO. 14-23 Filed in Clerk's Office MAR 0 8 2023 BILL NO. 14-23 DAWN M.JONES CITY CLERK,SOUTH BEND,IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION. STATEMENT OF PURPOSE AND INTENT Several states have specific laws addressing the issue of bed bugs. Unfortunately, Indiana is not one of those states. Arguably, IC 32-31-8-5 provides broad protection in the form of a warranty of habitability. The Indiana General Assembly has considered bills specifically providing for bed bug remediation in the 2021 session and currently in the 2023 session. Although these bills have not passed in the General Assembly, the South Bend Common Council believes that it is in the best interests of city residents to have the such protection. This ordinance, based on bills that have been addressed in the General Assembly requires a tenant to inform the landlord if the tenant reasonably suspects the presence of bed bugs. The ordinance requires landlords to have dwelling units inspected by a qualified inspector. After receipt of an inspection report, the landlord must to inform the tenant whether the dwelling unit contains bed bugs and, if so, to begin reasonable measures to treat the bed bug presence. The ordinance also establishes responsibilities for the tenant and landlord concerning notice, access, and costs. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: SECTION I.Chapter 6(Building),Article 15,Sections 6-94 through Section 6-108 are added to of the South Bend Municipal Code and the Article is hereby amended to read in its entirety as follows: SECTION I. Article 15.Bed Bug Remediation Sec.6-94.As used in this article,"bed bug"means the common bed bug,or cimex lectularius. Sec. 6-95. As used in this article "contiguous dwelling unit" means a dwelling unit that is contiguous with another dwelling unit,both of which units are owned,managed,leased,or subleased by the same landlord. Sec. 6-96. As used in this article, "dwelling unit" means a structure or the part of a structure that is used as a home, residence,or sleeping place by a tenant. Sec.6-97.As used in this article"electronic notice"means notice by electronic mail or an electronic portal or management communications system that is available to both a landlord and a tenant. Sec.6-98.As used in this article,"landlord"means the owner, manager,lessor,or sublessor of a residential premises. Sec.6-99.As used in this article,"pest control applicator"means a: 1)licensed applicator for hire(as defined by IC 15-16-5-16); or 2)registered technician(as defined by IC 15-16-5-33). Sec.6-100.As used in this article,"qualified inspector"means a: 1)local health department official; 2)licensed pest inspector(as defined by IC 15-16-5-18);or 3) scent detection canine team that holds a current, independent,third-patycertification under the guidelines for minimum standards for canine bed bug detection team certification established by the National Pest Management Association or its successor organization; who is retained by a landlord to conduct an inspection for bed bugs. Sec.6-101.As used in this article,"tenant"means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. Sec.6-102.(a)A tenant shall promptly notify the tenant's landlord by written or electronic notice when the tenant knows or reasonably suspects that the tenant's dwelling unit contains bed bugs.A tenant who gives a landlord electronic notice concerning potential bed bugs shall send the notice only to the electronic mail address,telephone number,or electronic portal specified by the landlord in the rental agreement for communications.However,if there is not a provision specifying communications in the rental agreement,the tenant shall communicate with the landlord in a manner that the landlord has previously used to communicate with the tenant.The tenant shall retain sufficient proof of the delivery of the electronic notice. b)Not more than ninety-six(96)hours after receiving notice of the presence of bed bugs or the possible presence of bed bugs,a landlord,after providing notice to the tenant as required under section 6-104 of this article: 1) shall obtain an inspection of the dwelling unit by a qualified inspector; and 2)may enter the dwelling unit or any contiguous dwelling unit for the purpose of allowing the inspection as provided in section 6-105 of this article. c)If the inspection of a dwelling unit confums the presence of bed bugs,the landlord shall have an inspection of all contiguous dwelling units performed as promptly as is reasonably practical. Sec.6-103.(a)If a landlord obtains an inspection for bed bugs,the landlord must provide written notice to the tenant within two(2) business days after receiving the inspection report indicating whether the dwelling unit contains bed bugs. b)If a qualified inspector conducting an inspection determines that neither the dwelling unit nor any contiguous dwelling unit contains bed bugs, the notice provided by the landlord under subsection(a)must inform the tenant that if the tenant remains concerned that the dwelling unit contains bed bugs,the tenant may contact the local health department to report any concerns. c)If a qualified inspector conducting an inspection determines that a dwelling unit or any contiguous dwelling unit contains bed bugs in any stage of the life cycle, the qualified inspector shall provide an inspection report to the landlord within twenty-four 24)hours of completing the inspection. Not more than five(5) business days after receiving an inspection report that indicates the presence of bed bugs, the landlord shall begin reasonable measures,as determined by the qualified inspector,to effectively treat the bed bug presence,including retaining the services of a pest control applicator to treat the dwelling unit and any contiguous dwelling unit. d)Except provided in section6-104(c)of this article,a landlord is responsible for all costs associated with an inspection for,and treatment of,bed bugs. e)Nothing in this section prohibits a tenant from contacting any governmental agency at any time concerning the presence of bed bugs. Sec. 6-104. (a) If a landlord, qualified inspector, or pest control applicator must enter a dwelling unit for the purpose of conducting an inspection for, or treating the presence of, bed bugs, the landlord shall provide the tenant reasonable written or electronic notice of the fact at least forty-eight(48)hours before the landlord, qualified inspector,or pest control applicator attempts to enter the dwelling unit,unless a rental agreement provides for a different minimum time for the notice.A tenant who receives the notice may not unreasonably deny the landlord,qualified inspector,or pest control applicator access to the dwelling unit. b)A tenant may waive the notice requirement described in subsection(a)of this section. Sec.6-105.(a)A qualified inspector who is inspecting a dwelling unit for bed bugs may conduct an initial visual and manual inspection of a tenant's bedding and upholstered furniture. The qualified inspector may inspect items other than bedding and upholstered furniture when the qualified inspector determines that an inspection is necessary and reasonable. b)If a qualified inspector fmds bed bugs in a dwelling unit or in any contiguous dwelling unit,the qualified inspector may have additional access to the tenant's personal belongings as the qualified inspector determines is necessary and reasonable. c)A tenant must comply with reasonable measures to permit the inspection for,and the treatment of,the presence of bed bugs as determined by the qualified inspector.The tenant is responsible for all costs associated with preparing the tenant's dwelling unit for inspection and treatment. A tenant who knowingly and unreasonably fails to comply with the inspection and treatment requirements described in this chapter is liable for the cost of any bed bug treatments of the dwelling unit and contiguous dwelling units if the need for the treatment of bed bugs arises from the tenant's noncompliance. d)If any furniture,clothing,equipment,or personal property belonging to a tenant is found to contain bed bugs,the qualified inspector shall advise the tenant that the furniture, clothing, equipment,or personal property should not be removed from the dwelling unit until a pest control applicator determines that a bed bug treatment has been completed.The tenant may not dispose of personal property that was determined to contain bed bugs in any common area where the disposal may risk the infestation of other dwelling units. e) Nothing in this section requires a landlord to provide a tenant with alternative lodging or to pay to replace a tenant's personal property. f)Nothing in this section preempts or restricts the application of any state or federal law concerning reasonable accommodations for persons with disabilities. Sec.6-106. (a)A landlord may not offer for rent a dwelling unit that the landlord knows or reasonably suspects to contain bed bugs. Upon request from a prospective tenant, a landlord shall disclose to the prospective tenant whether, to the landlord's knowledge,the dwelling unit that the landlord is offering for rent contained bed bugs within the previous eight(8)months. b) Upon request from a tenant or a prospective tenant, a landlord shall disclose the last date,if any,on which a dwelling unit being rented or offered for rent was inspected for,and found to be free of,bed bugs. Sec.6-107.(a)A landlord who fails to comply with this article is liable to the tenant for the tenant's actual damages. b)A landlord may file an action in a circuit or superior court in the county where the dwelling unit is located to obtain injunctive relief against a tenant who: 1)refuses to provide reasonable access to a dwelling unit;or 2)fails to comply with a reasonable request for inspection or treatment of a dwelling unit. c) If a court finds that a tenant has unreasonably failed to comply with any of the requirements in this article,the court may issue a temporary order to carry out the requirements in this article,including: 1)granting the landlord access to the dwelling unit; 2) granting the landlord the right to engage in bed bug inspection and treatment measures in the dwelling unit;and 3) requiring the tenant to comply with specific bed bug inspection and treatment measures or assessing the tenant with costs and damages related to the tenant's noncompliance. d)A court order granting a landlord access to a dwelling unit must be served upon the tenant at least twenty-four(24) hours before a landlord,qualified inspector,or pest control applicator enters the dwelling unit. e) The remedies in this section are in addition to any other remedies available at law or in equity to any person. f)This section does not limit or restrict the authority of any state or local housing agency or health department. Sec.6-108.A landlord who complies with this chapter is considered to have satisfied the requirements of habitability of the dwelling with respect to matters concerning bed bugs. Section II. Severability. If any part, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, 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 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office MAR 0 8 2023 LSOUTDA N N;.JONESCINCLERK,H IJN CITY OF SOUTH BEND COMMUNITY INVESTMENT April 5, 2023 Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, Indiana 46601 Filed in Clerk's Office f APR O � 2023 � �DA.,..,.W.,..,.N,...,...,..,M,-. J-:-:::0:-::-N -:-::E:-::S - CITY CLERK, SOUTH BEND, IN RE: Confirming Resolution: Mixed-Use Development Real Property Tax Abatement Petition for the Tower at Washington Square LLC (Liberty Tower) Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to a mixed-use development real property tax abatement petition submitted by the Tower at Washington Square LLC, an Indiana Limited Liability Company. The petitioner plans to complete the renovation of the Liberty Tower building at 213 West Washington Street in downtown South Bend. This petition package includes: •Department of Community Investment's summary report •Petition for abatement •Statement of Benefits form (SB-1 / Real Property) •Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner will complete the remodel of roughly 90 apartment units, restore and create new meeting and event spaces, and create a bar/lounge and event space with rooftop access on the seventh floor. Previous phases of a complete rehabilitation of the building, including the opening of the Aloft hotel and new commercial spaces, were completed in 2017. The total private investment for this latest phase of the rehabilitation project is $14. 7 million. The project meets the requirements established by Sections 2-80, et seq. and would qualify for an eight-year (8) mixed-used development real property tax abatement. Representatives from the Tower at Washington Square LLC will be available to meet with the Committee on Monday, April 10, 2023. If you or any of the other Council members have any questions concerning the report or need additional information, please feel call me at (574) 235-5838. Sincerely, � {Ufl�� Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County-City Building 227W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.southbencl,n.gov BILL NO. 23-17 Filed in Clerk's Office APR 0 5 2023 BILL NO. 23-17 RESOLUTION NO. DAWN M.JONES CITY CLERK,SOUTH BEND,IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 213 West Washington Street, South Bend, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT- YEAR (8) REAL PROPERTY TAX ABATEMENT FOR Apartments and Commercial Space at Tower at Washington Square LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area described as: Key Number: 71-08-12-110-024.000-026 Commonly Known As: 213 West Washington Street, South Bend, IN 46601 Legal Description: R-1 Apartments Lots 239 & 240 & Vac Alley W& Adj OP w 32.3% int in common areas be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for mixed-use development real property tax abatement only and is limited to three 3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for up to a period of eight (8) years as shown by the schedule outlined below pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2 - 95% Year 3 - 90% Year 4 - 85% Year 5 - 80% Year 6 - 75% Year? - 70% Year 8 - 65% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, 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 2023, at o'clock m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend Filed in Clerk's Office APR 0 5 2023 1 DAWN M.JONES CITY CLERK,SOUTH BEND,IN TAX ABATEMENT REPORT TO: South Bend Common Council FROM: Erik Glavich, Director, Growth and Opportunity SUBJECT: Mixed-Use Development Real Property Tax Abatement Petition for the Tower at Washington Square LLC (Liberty Tower) DATE: March 22, 2023 On March 21, 2023, a petition for tax abatement from for the Tower at Washington Square LLC was filed with the Office of the City Clerk. The petition seeks consideration for a mixed-use development real property tax abatement for the completion of the rehabilitation of the building known as Liberty Tower at 213 West Washington Street in downtown South Bend. Pursuant to Chapter 2, Article 6, Section 2 84.9 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to Indiana Code § 6 1.1-12.1 and all zoning requirements have been met. The Department of Community Investment has reviewed the petitions (a copy of which each is attached), investigated the area, and makes the following report. Project Summary The petitioner, the Tower at Washington Square LLC, plans to complete the rehabilitation of Liberty Tower. Previous phases of the remodel included the opening of the Aloft hotel and commercial space in 2017. However, for a variety of reasons including increased construction costs and COVID, the final phase of the project has been delayed. The petitioner will complete the remodel of roughly 90 apartment units, restore and create new meeting and event spaces, and create a bar/lounge and event space with rooftop access on the seventh floor. The petitioner is investing a total of$14.7 million into this lates phase of the project. The previous phases of the remodel had costs in excess of$40 million. Tax Estimates The petitioner qualifies for an eight-year(8) mixed-use development real property tax abatement. Current taxes for 2022: $41,900 Total estimated taxes during the eight-year(8) abatement period: $2,631,150 Estimated taxes being abated during the abatement period: $1,287,128 Estimated total taxes to be paid during the abatement period: $1,344,022 o Estimated taxes paid after fifteen (15) years: $3,646,278 o Estimated taxes paid after twenty(20) years: $5,290,746 Employment Impact The parcel and areas of Liberty Tower for which this abatement petition applies currently do not have employees. Upon completion of the project, the petitioner expects to create at least nine (9) new full- time jobs with an estimated total annual payroll of$306,000. Four(4) employees will be dedicated to the apartments while five (5) employees will work for the 7th floor bar, lounge, and event space. The petitioner will work closely with hotel management and a third-party property manager to meet additional employment needs. The hotel currently employs approximately 70 individuals. Abatement Qualification 1. A review of the tax abatements previously granted finds that the petitioner has been granted or is associated with the following previous abatements: Abatement T e Years Confirming Date NoteypGrantedResolutionPassed Reconfirmed Resolution No. Real Property 10 4742 18 9/10/18 4536-16 (passed on Hotel) 3/14/16) and extended designation period Reconfirmed Resolution No. Real Property 10 4743 18 9/10/18 4538-16 (passed on Parking Garage) 3/14/16) and extended designation period Reconfirmed Resolution No. Real Property Apartments & 10 4745-18 9/10/18 4539-16 (passed on Event Spaces) 3/14/16) and extended designation period Reconfirmed Resolution No. Real Property 10 4744-18 9/10/18 4552-16 (passed on Retail) 3/29/16) and extended designation period Note also that the petitioner previously received a four-year(4) real property tax abatement(Resolution No. 4361-14) on May 12, 2014. However, this abatement was rescinded in 2015 (Resolution No. 4500-15) because the scope of the rehabilitation of the building significantly expanded and the Common Council approved new abatements in 2016. 2. The property is properly zoned for the proposed project. 2 3. Taxes on the property have been paid in full. 4. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Tax Incremental Financing (TIF) area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for an eight-year(8) mixed-use development real property tax abatement under Division 5 (Mixed Use Development Real Property Tax Abatement), Section 2-80 (Mixed Use Developments in Central Business District). 3 8-Year Abatement March 21,2023 Tower at Washington Square LLC South Bend Portage Township Commerical Development Real Property Tax Abatement Schedule* Type of Property: Mixed Use Estimated Project Cost: $11,900,000 Rehabilitation Property Address: 213 W Washington Street-Residential Portion Tax Key Number: 71-08-12-110-024,000-026 Without Current Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Assessed Value(AV) Land 11,300 $ 11,300 $ 11,300 $ 11,300 $ 11,300 $ 11,300 $ 11,300 $ 11,300 $ 11,300 $ 11,300 Structure(Current AV+80%Project Cost) 735,800 10,255,800 10,255,800 10,255,800 10,255,800 10,255,800 10,255,800 10,255,800 10,255,800 10,255,800 Gross Assessed Value 747,100 10,267,100 10,267,100 10,267,100 10,267,100 10,267,100 10,267,100 10,267,100 10,267,100 10,267,100 Abatement 100% 95% 90% 85% 80% 75% 70% 65% Abatement Deduction 9,520,000) (9,044,000) (8,568,000) (8,092,000) (7,616,000) (7,140,000) (6,664,000) (6,188,000) Net Assessed Value 747,100 10,267,100 747,100 1,223,100 1,699,100 2,175,100 2,651,100 3,127,100 3,603,100 4,079,100 Property Taxes Assume constant tax rate of 5.2897% Gross Tax(Tax Rate x Net AV) 39,519 543,099 39,519 64,698 89,877 115,056 140,235 165,414 190,593 215,772 Local Tax Credit(8.7112%of GT-DS) 3,182) (43,736) (3,182) (5,210) (7,238) (9,265) (11,293) (13,321) (15,348) (17,376) Circuit Breaker Credit 18,409) (252,984) Taxes Due 17,928 $ 246,380 $ 36,337 $ 59,488 $ 82,640 $ 105,791 $ 128,942 $ 152,093 $ 175,245 $ 198,396 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% Circuit Breaker Cap 14,942 205,342 205,342 205,342 205,342 205,342 205,342 205,342 205,342 205,342 Debt Service(0.3997%of Net AV) 2,986 41,038 2,986 4,889 6,791 8,694 10,596 12,499 14,402 16,304 Max Tax Under the Cap 17,928 246,380 208,328 210,231 212,133 214,036 215,938 217,841 219,744 221,646 Combined Year Abatement Current Taxes New Net Taxes Current& Taxes Abated Due Projected Tax Paid New Taxes 1 100% $ 17,928 $ 228,451 $ 246,380 $ (210,043) $ 36,337 2 95% 17,928 228,451 246,380 (186,891) 59,488 3 90% 17,928 228,451 246,380 (163,740) 82,640_ 4 85% 17,928 228,451 246,380 (140,589) 105,791 5 80% 17,928 228,451 246,380 (117,437) 128,942 6 75% 17,928 _ 228,451 246,380 (94,286) 152,093 7 70% 17,928 228,451 246,380 (71,135) 175,245 8 65% 17,928 228,451 246,380 (47,984) 198,396 Total:143,425 1,827,612 1,971,037 (1,032,105) 938,932 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2022 Payable 2023. mq _; Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. City of South Bend 8-Year Abatement March 21,2023 Tower at Washington Square LLC South Bend Portage Township Commerical Development Real Property Tax Abatement Schedule* Type of Property: Mixed Use Estimated Project Cost: $ 2,100,000 Rehabilitation Property Address: 213 W Washington Street-Non-Residential Portion Tax Key Number: 71-08-12-110-024,000-026 Without Current Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Assessed Value(AV) Land 11,300 $ 11,300 $ 11,300 $ 11,300 $ 11,300 $ 11,300 $ 11,300 $ 11,300 $ 11,300 $ 11,300 Structure(Current AV+80%Project Cost) 735,800 2,415,800 2,415,800 2,415,800 2,415,800 2,415,800 2,415,800 2,415,800 2,415,800 2,415,800 Gross Assessed Value 747,100 2,427,100 2,427,100 2,427,100 2,427,100 2,427,100 2,427,100 2,427,100 2,427,100 2,427,100 Abatement 100% 95% 90% 85% 80% 75% 70% 65% Abatement Deduction 1,680,000) (1,596,000) (1,512,000) (1,428,000) (1,344,000) (1,260,000) (1,176,000) (1,092,000) Net Assessed Value 747,100 2,427,100 747,100 831,100 915,100 999,100 1,083,100 1,167,100 1,251,100 1,335,100 Property Taxes Assume constant tax rate of 5.2897% Gross Tax(Tax Rate xNet AV) 39,519 128,386 39,519 43,963 48,406 52,849 57,293 61,736 66,179 70,623 Local Tax Credit(8.7112%of GT-DS) 3,182) (10,339) (3,182) (3,540) (3,898) (4,256) (4,614) (4.972) (5,329) (5,687) Circuit Breaker Credit 10,938) (35,533) Taxes Due 25,399 $ 82,514 $ 36,337 $ 40,422 $ 44,508 $ 48,593 $ 52,679 $ 56,765 $ 60,850 $ 64,936 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% Circuit Breaker Cap 22,413 72,813 72,813 72,813 72,813 72,813 72,813 72,813 72,813 72,813 Debt Service(0.3997%of Net AV) 2,986 9,701 2,986 3,322 3,658 3,993 4,329 4,665 5,001 5,336 Max Tax Under the Cap 25,399 82,514 75,799 76,135 76,471 76,806 77,142 77,478 77,814 78,149 Combined Year Abatement Current Taxes New Net Taxes Current& Taxes Abated Due Projected Tax Paid New Taxes 1 100% $ 25,399 $ 57,115 $ 82,514 $ (46,177) $ 36,337 2 95% 25,399 57,115 82,514 (42,092) 40,422 3 90% 25,399 57,115 82,514 (38,006) 44,508 4 85% 25,399 57,115 82,514 (33,921) 48,593 5 80% 25,399 57,115 82,514 (29,835) 52,679 6 75% 25,399 57,115 82,514 (25,750) 56,765 7 70% 25,399 57,115 82.514 (21,664) 60,850 8 65% 25,399 57,115 82,514 (17,579) 64,936 Total:203,193 456,920 660.113 (255,023) 405,090 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2022 Payable 2023. EMak f, Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. City of South Bend City of South Bend a,tn.,t Petition for Incentives1. Petition must include a$250 filing fee payable to the City Clerk's Office Y • t # ' before processing can be complete ff In filo L' ceGeneralInformationProjectNameIFProjectNuPerJlapalnameasregisteredwith Secretary of State The Tower at Washington Square LLC I j Business structure LLC I Company website 1 n/a 1 AWN M.. "(v,::IProposedProjectInformationiefl`T'(;[ — 4_ iN r Proposed project address 213 West Washington Street Parent company name n/a City,State,Zip South Bend, IN 46601 legal owner the Tower at tarashinglon Square LLC Site acreage or acreage required 0.36 Is the reel estate owned or Teased? owned Square feet of tinnily 118,700(floor 7 and floors 17-26) If leased,by whom? n/a Prima ry Contact Information Primary company confect name Emmanuel Kazanas Title Partner Address ofcompany contact 5-44 47th Avenue, 4th Floor PhOne 718-786-5555 sty,stale,zip Long Island City, NY 11101 Email mkazanas1969@gmail.com Senior Official information Compa,ry senior aflldel name Liberty Angeliades T1tle Manager Address of company contact Phone g If different from above) same as above City,Stahl,Zip Emelt Consultant information/Agent Hired business consultant/agent name Mark Neal Consultant release?IV/h) I YAddress 112 W. Jefferson Blvd, Suite 300 Local economic development partners uproval? Y Njn/a City,State,Zip South Bend, IN 46601 Email mneal@bradleyco.com Project Overview Brief description of your Private developer purchased the building for purpose of re-development in 2014. Thecompany,project,and why the property Is necessary for building's age and significant deferred maintenance made the building obsolete economk growth without a complete demolition of all interiors and building systems, including mechanicals, HVAC, windows, interior apartment and commercial buildout, parking garage, 7th floor rooftop and exterior facade. Property rebranded as Liberty Tower Developer completed the entire building shell, Aloft hotel space, ground floor retail and parking garage at a cost in excess of$40.0 million in 2017. Due to initial construction costs, DTSB market conditions and COVID impact, there has been a multi-year delay to complete—90 apartment units, additional meeting/event spaces and 7th floor bar/lounge/event venue with 7th floor rooftop. Certified Technology Park appropriate No Is the project in a Tan incremental Financing TiF)area?If so,which? Yes, River West Building Permits been issued}(Y/N) number of residential units created byNote-Not eligible for abatement If Yes] No prelim 90 It this Ise petttlon for personal property tee abatement,has the equipment beers Installed? n/a Investment Details Public Infrastructure needs Has any 504 funding been Whet Is the value of any equipment hosing purchased In Whet Is the value of any equipment beingOff-dlte of project In dollars) received? Indiana for the project? purchased from out of state for the project? n/a No not yet dermined not yet determined New Project Investments Calendar Year 2022 2023 2024 2025 2026 2027 2028 Z029 Land Acquisition Building Lease Payments Budding Purchase Costs New Building Construction Existing Building Improvements i OB1.11rl'Xi S 8,000 000 OC New Machinery&Equipment Speanl Tooting/Retooling New Furniture/Fixtures 450.000 IX' New Computer/IT Hardware 250,00000 New Software On-site Rail Infrastructure On site Fiber Infrastructure TOTAL 0.00 ".AO°DPS8.701000.00 0.00 $o.00 .$0.00 $a.ob• o.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year lobs retained Hourly Cumulative II of ret NEW full timeHourly average wage,w/o Total training Total P to be avenrge permanent jobs created at project benefits or bonuses,of expenditure- trained-not wage,w7o benefits or cumulative net new Jobs not cumulative bonuses cumulative 2023 n/a 2024 9-4(apts);5(bar/lounge) 17 21325 2026 2021 2028 2029 2030 2031 1 2032 2033 2034 Provide hourly wage Information for new employees in the following positions. Full time Part time Laborers 4 Technical 3 Managerial 2 Administrative Who will be the Individual responsible for coordinating with WorkOne on recruiting?n/a Does your company have an EEO hiring policy? Yes Are you an EEO employer? Yes Please Ilst the number of full time and part time minority and/or female Please describe your commitment to employees for the following years: diversity and Inclusion by detailing your Year outreach and recruitment efforts for the last 2023 2022 2019 three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Part Time Black Developer will utilize hotel Hispanic mgmt and 3rd party Asian property manager with experience in SB Market toIndian recruit a diverse, inclusive Female team in management and Other hourly Staff Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested Incentives. Public Benefit Item; Information Is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate Information. If Qualify Earned points Available Fotn you qualify for the points,please enter the full amount of available lyes or No) points. 1 Construction RelatedLContractnr5 A. Employ Local Companies(75%) Y 20 20 B. Purchase Materials from Local Companies(75%) Y 20 20 C. Require Employees vs.Independent Contractors Y 19 19 D. Require Prevailing Wage(Davis Bacon) N 22 E. Require Health Benefits Y 22 22 F. Require Retirement Benefits Y 18 18 G. Maintain Affirmative Action Plan Y 20 20 1Sub-total Construction Related; 119 141 2 Wage&Benefit Related[owner); A. Pay Target Wage Levels y 33 33 B. Provide Health Benefits Y 34 34 C. Provide Retirement Benefits Y 29 29 D. Provide Training Y 28 28 E. Provide Child Care N 15 F. ,Provide Transportation Assistance N 14 G. Provide Employer Assisted Housing program N 9 Sub-total Wage&Benefit Related: 124 162 3 Workforce Related: A. Create New lobs Y 42 42 B. Retain Existing lobs n/a 41 C. Maintain Affirmative Action Plan NY 35 35 ND. Provide Targeted Hiring Preference 34 Sub-total Workforce Related: 77 152 4 S_Plort a Municl aFacility. A Support a SB Municipal Facility(donations to the \ 7 84zoo,conservatory,museum,etc.) 1 84 Name of Facility 1Sub-total Municipal Facility: 84 84 Sub-total from Above: i 404 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and South Bend Municipal Code Sec.2-76 et sea.,for this petition state the above. L_- Submitted By I,74,,,,,--7,,,,„ , /, /f,,e,ry --), !Date: 03/20/2023 For Staff Use Only Below This Line What Is the current assessed value?Real Property: 2.oQ Personal Property: Whet Is the projected assessedvelue? Real Property: n. r! Z.6Personal Property: What is the tax key number for this project? 7/—a p -/- _/`G - QZi/•O w 026 What Is the six digit NAICS code? it)/it)// 9O Please attach a Google map end street view of the location. Please list the amount of reel end personal property taxes Reel Property Texas: Personal Property Taxes: paid for the last five years when applicable. Year One 2...4:)2...2_ 47.2. 3/8 . 5if Year Two 2Z)2a r .Z IX//` • OL Year Three Z 02...z:, i tr Lc 77 . $U Year lour 20 1 i1 3 y 5/6, . 2.0 Year Five ZO j L Z/ V(y,/ ' 6 n Please fill out the following Public Benefit Summary Information and add to total from above. IY or N1 DIV.!Points Public Benefit Item: ProfeciRe aped: 5 A. Redevelop a Site that has Special Needs 1 I 49 B. Develop Based on Local University Research j 1 35 C. Achieve a Physical Element of a Plan 36 Sub-total Project Related: 120 6 Su.er Size Protects point values are cumulativn9: A. 100%to 199% 1 1 25 B. 200%to 299% 9 68 C. 300%to 399% 65 0. 400%and Over il V 52 Sub-total Super Size Projects:2,I D 210 7 eayfor Municipal infrestrtl iia: A. Pay for Over sizing or Upl;rad+ng s I 14 B. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 139 D. Pay for 76-100%of Extension Cost t 52 Sub-total infrastructure Related:131 Total from Applicant Section: O 11 539 Total from Staff Section: t b 461 Total Public Benefit Points; W I l 1000 i 47' STATEMENT' OF BENEFITS 20 PAY 20 it '1 REAL ESTATE IMPROVEMENTS State Form 51787(RB 115-141 FORM SB-1 f Real Property Prescribed by the Department of Local Government Finance jPRIVACYNOTICE This statement Is oeing completed tel real properly that qualifies under the following Indiana Code(check one box): Any u,ronnnhena,fcernlnp theuost Redevelopment or rehabilitation of real estate Improvements(IC 6-1.1-12,1-4) or the INDp,rtr rind specific solarisepaidromeleesunlemployeesbytheResidentiallydistressedarea(IC 6-1.1-12.1-4.1) property owner le ronhdenhnt per Ice-1 t-12.1.61 INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate en Economic Revitalization Area. Otherwise,this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of reel property for which the person wishes to claim a deduction 2, The statement of benefits form must be submitted to the designating body and the area designated en economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction, a Form 322/RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation Is made or not later then(ha-1y(30)days after the assessment notice is mailed to the property owner if it was mailed after April 10 A property owner who failed to Ole e deduction application within the prescribed deadline may file an application between March 1 and May 10 of a subsequent year 4 A property owner who files for the deduction must provide the County Audttcr and designating body with a Form CF-1/Reel Property. The Form CF-1/Real Property should be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction Is applicable. C 6.1.1-12.1-5.1(b) 5. For a Form SB-1/Reel Property that is approved after June 30. 2013, the designating body Is required to establish en abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. IC 6-1.1.12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayer The Tower at Washington Square LLC Address of taxpayer(number and stmt,city steel,end ZiP code) 5-44 47th Avenue,4th Floor, Long Island City, NY 11101 None of contact parson Telephone number E-mail address 718-786-5555 mkazanas1969@gmail.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Jerre of dnsegnatnp body Rnxo(uhan number Common Council of South Bend oration xi property County DLOF taxing district number 213 West Washington Street,South Bend, IN 46601 St.Joseph 026 Descrlptwn of reel property Improvements,rndeonloprnnel,onxheba:Inline(use adr-earrul shouts d narossory) Eshmeled start date(month,day,year) 4/15/2023 Develop—90 apt units, addrl meeting/event spaces and 7th floorbar/lounge/event venue Estimated completion date(month,day.year) 04/15/2024 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Snlsr.. Number,strained Salaries Number additional Salanes 0 9 avg-.$36,000 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS II COST I ASSESSED VALUEICurrentvalues1110000011494200 L Plus estimated values of proposed project 114700000 Less values of any property being replaced 10 Net estimated values upon cam.letlon of.ro eci 1580000(1 SEC-110N 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY TI•IF TAXPAYER Estimated solid waste converted(pounds)Estimated hazardous waste converted(pounds) Other benefits SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. lfgreluro of supronzud rnpo-ronlnlive i Date signed(merit,day,year) r- r/ , f;, / : ,1 y 03/20/2023 Prfetail name d author'Leif repree?ntauvo Tien Liberty Angeliades Manager Page 1 of 2 FOR USE QF-THE DESIQNATINO BODY We find that the applicant meets the generat standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1,provides for the following imitations: A. The designated area has been limited to a period of time not to exceed calendar yearn"(see below). The data this designation expires Is B. The type of deduction that Is allowed In the designated area Is limited to: 1.Redevelopment or rehabilitation of real estate Improvements 0 Yea No 2.Residentially distressed areas Yes No C. The amount of the deduction applicable Is limited to$ D. Other limitations or conditions(specify)_ E. Number of years allowed: Year 1 Year 2 Year 3 Year 4 Year 5 ("see below) Year 6 Year 7 Year 6 0 Year 0 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt en abatement schedule par IC 6-1.1-12.1-17? l Yes El No If yes,attach a copy of the abatement schedule to this form. If no,the designating body Is required to establish an abatement schedule before the deduction can be determined. • We have also reviewed the Information contained In the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits Is sufficient to Justify the deduction described above. Approved(signature and 11(1e of aufhodzed member of designating body) Telephone number Dale algned(month,day,year I Printed name of authorized member of designating body Name of designating body Attested by(sionsture end flus or aeeaNr Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer Is entitled to receive a deduction toe number of years that Is leas than the number of years designated under IC 8-1.1-12.1-17. A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013.the deductions established In IC 6-1 1-12.1-4.1 remain In effect.The deduction period may not exceed five(5)years For a Form SB-1/Real Property that Is approved atier June 30, 2013,the designating body la required to establish an abatement schedule for each deduction allowed, The deduction period may not exceed ten 10)years. (See IC 8.1.1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect.For a Form SB-1/Real Property that Is approved atter June 30,2013.the designating body Is required to establish en abatement schedule for each deduction allowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17,(a)A designating body may provide toe business that Is established In or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's Investment In real and personal property. 2) The number of new full time equivalent Jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's investment, b) This Subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction, An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains In effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Filed in Clerk's Office MAR 2 1 2023 DAWNf .JOlvr CITY CLERK,SOUTH BEND,IN Page 2 of 2 Aerial Views l•M R.1 C AI,1.LI 1r11111 •c A..... 3 40..,,,ii• 4 Ap ho j , I 1C _.• jj Tr:, fes r • kt 13 k! 3 I n:»: o , 2km 1'05 ten 4,14 F p, 4 P i P E, 11 ter .,.....,,___ ry i, _ is rt.._____.,„ til , r -I, Ise r.. utlrv• C r x F View of Liberty Tower looking north from South Main Street 0000 00 000 ASk IP.: 4$40°"0•0001& i0lool,,.?•,:•/00 os?••• A 0000 4. Ss.°°till°111.11°°11111.01.-.111111k. 100. 11111. 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Z A A Z Filed in Clerk's Office 7-- APRAPR 0 3 202)''` STATEMENT OF BENEFITS 1 4.7'"--‘f DAWN M.JONES I zo_PAY20_ itiett, 1 REAL ESTATE IMPROVEMENTS CITY CLERK,SOUTH BEND, INj5!ate REAL, 61787(Ra/1 -14)FORM SB-7/Real Property7.111!:-;_ Prescribed by the Department of Local Government Finance PRIVACY NOTICE This statement Is oeing completed for real property that qualifies under the following Indiana Code(check one box):Any rnrormubon concerning Mcr coli Redevelopment or rehabilitation of real estate Improvements(IC 6-1.1-12.1-4) o!the!uo!xnty and spourc Santee paid 10 odrvs unt ornpinyans by theResidentiallydistressedarea(IC 6-1.1-12.1.4.1)pioeerty ownIn roi l dent jl pert INSTRUCTIONS: Cti-t 1.1. t. n h 1 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be submitted fo the designating body BEFORE the redevelopment or rehabilitation of reel property for which the parson wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction,a Form 322/RE must be fried with the County Auditor before May 10In the year In which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed to the property owner if It was mailed after April 10 A property owner who failed to tile a deduction application within the prescribed deadline may 5/e an application between March 1 and May 10 of a subsequent year 4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF-1/Reai Property. The Form CF-1/Real Property should be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction Is applicable. IC 6.1.1-12.1-5.1(b) 5. For a Form SB-1/Reel Property that is approved after June 30. 2013, the designating body to required to establish an abatement schedule for each deduction allowed. Fore Form SB-1/Real Properly that is approved prior to July i, 2013, the abatement schedule approved by the designating body remains in effect. (C 6-1.1.12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayer The Tower at Washington Square LLC Address of taxpayer(number and street,clf)t stew,end ZiP code) 5-44 47th Avenue,4th Floor, Long Island City, NY 11101 Nome of contact person Telephone number E-mel address 718-786-5555 mkazanas1969@gmail.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Nerve of desrgnal!na twdy Resc!utirn number Common Council of South Bend Leratton of property County DLOF taxing district number 213 West Washington Street,South Bend, IN 46601 St.Joseph 026 nscrin!ton al real properly Improvements,re;evnloprnnn!.or'nluibb!nlinn(use Jrirrrftenut sheets rf necuscery) Estimated start date(month,day,year) 04/15/2023 Develop—90 apt units, addtrl meeting/event spaces and 7th floorbar/lounge/event venue Estimated completion dale(month,day,year) 04/15/2024 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Sayler, Numberrntayned Salaries Number additional Salaries 0 9 avy—$36,000 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS 1 COST ASSESSED VALUE _ 1 Current values 11 100000 1494200 I. Plus estimated values of proposed project 114700000 Less values of any property being replaced I0 Net estimated values u.. co .telIon of. ec!15800000 SECiION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds)Estimated hazardous waste converted(pounds) Other benefits SECTION o TAXPAYER CERTIFICATION I hereby certify that the representations In this statement are true. ynaturo of au iori,d regtaxntnlfw ` onto signed(month,day,year) v-tG . r 1 /J/) / f ,•;,1.,• ',,,: ,l i 03/20/2023 Prin!el name d nuthorited repreaeMatfve Title Liberty Angeliades Manager Page 1 of 2 FOR USE OF.THE DESIGNATING BODY- We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12. 1 provides for the following llmltations: A. The designated area has been limited to a period of time not to exceed calendar years*(see below). The date this designation expires is _ 03/27/2026 B. The type of deduction that is allowed In the designated area Is limited to: 1.Redevelopment or rehabilitation of real estate Improvements 0 Yes No 2.Residentiallydistresaed areas Yee D No C. The amount of the deduction applicable is limited to$ 0. Other limitations or conditions(specfly) N/A E. Number of years allowed: Year 1 0 Year 2 Year 3 Year 4 Year 5 ("see below) 0 Year 8 Year 7 E Year B Year g Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-177 Yee O No If yes,attach a copy of the abatement schedule to this form. If no,the designating body is required to establish en abatement schedule before the deduction can be determined. We have also reviewed the Information contained In the statement of benefits and find that the estimates end expectations are reasonable and have determined that the totality of benefits is sufficient to Justify the deduction described above. Approved(signature and elle or authorized member of designating body) Telephone number Dale atoned(month,debt year) Printed name of authorized member of designating body Name of designating body Attested by(signature end etre oreeesbQ Printed name of Oasis( If the designating body limits the lime period during which an area Is en economic revitalization area,that!Imitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is lees than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013,the deductions established In IC 6-1.1-12.1-4.1 remain In effect.The deduction period may not exceed five(5)years. Fore Form SB-)!Real Property that Is approved eller June 30, 2013,the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten 10)years. (See IC 6.1.1-12.1-17below.) B. For the redevelopment or rehabilitation of reel property where the Form SB-1/Reel Properly was approved prior to Juiy 1,2013,the abatement schedule approved by the designating body remains In effect.For a Form SB-1/Real Property that la approved after June 30,2013,the designating body le required to establish an abatement schedule for each deduction allowed.(See IC 6-1.1-12.1-17below,) IC 8-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that la established In or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayers Investment In reel and personal property. 2) The number of new full-time equivalent Jobs created. 3) The average wage of the new employees compared to the elate minimum wage. 4) The Infrastructure requirements for the taxpayer's Investment. b) Thls Subsection applies toe stetemertt of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved fora particular taxpayer before July 1,2013,remains In effect until the abatement schedule expires under the terms of the restitution approving the taxpayer's statement of benefits. Filed in Clerk's Office Filed in Clerk's Office APR 0 3 2023 MAR 2 1 2023 CI DAWN M.JONES CITY CLERK.SOUTH BEND, IN DAWN w JONES TY CLERK,SOUTH BEND,IN Page 2 of 2 MEMORANDUM OF AGREEMENT INDUSTRIAL DEVELOPMENT REAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement (Agreement) dated as of March 30, 2023, serves as confirmation of a commitment by the Tower at Washington Square LLC (the"Applicant"), pending an April 10, 2023, public hearing, to comply with the project description,job creation and retention and associated wage rates and salaries) figures contained in its petition, Statement of Benefits, and attachments and this Agreement. 1. Property Associated with the Abatement and Responsibilities of the Applicant. At the time of this agreement, the property is located at 213 West Washington Street, South Bend, Indiana 46601, and has Key Number 71-08-12-110-024.000-026. Throughout the duration of the abatement, the Applicant shall promptly report any changes in the address or Key Number of the property receiving the abatement to the Department of Community Investment and to the Office of the City Clerk. Moreover,the Applicant also shall report any material changes or improvements made to the property subject to the abatement including changes as the result of subdividing,replatting,or otherwise. The Applicant agrees that failure to promptly report changes can result in a finding of noncompliance on behalf of the Applicant under the commitments of this agreement. 2. Commitments of City and Applicant. Subject to the adoption of a Declaratory Resolution and a Confirmatory Resolution by the South Bend Common Council(the"SBCC"),the City of South Bend, Indiana, (the "City") commits to provide an eight-year (8) mixed-use development real property tax abatement for the Applicant, based on the Applicant's commitment set forth in its Application. The Applicant commits to the following(the"Commitments"): a) making total combined real property expenditures of no less than Fourteen Million Seven Hundred Thousand dollars ($14,700,000.00) for the construction of approximately 90 apartments at a parcel identified by Key Number 71-08-22-103-005.000-026; b) creating approximately nine (9) permanent full-time jobs with a total estimated annual payroll of$306,000 within three(3)years of the tax abatement; and c) acting in good faith to complete the project as described in its Application. 3. Applicant's Compliance with City and Stale Laws. During the term of the abatement, the Applicant shall comply with Chapter 2, Article 6, of the South Bend Municipal Code, entitled "Tax Abatement Procedures," and all governing provisions of the Indiana Code. During the term of this abatement,the City may annually request information from the Applicant concerning the nature of the Project, the approved capital expenditure of the Project,the number of full-time permanent positions newly created by the Project,and the average wage rates and salaries(excluding benefits&overtime) associated with the positions, and the Applicant shall provide the City with adequate written evidence thereof within fifteen (15) days of such request (the "Annual Survey"). The City shall utilize this information and the information required to be filed by the Applicant in the CF-1 Compliance with the Statement of Benefits form to verify that the Applicant has at all times complied with the Commitments after the Commitment Date and during the duration of the abatement and for no other purpose. The 1 Applicant further agrees to provide the City with such additional information as requested by the City to determine Applicant's compliance with the Commitments and with local and state requirements within twenty(20)days following any such request.Notwithstanding anything herein to the contrary, the Applicant acknowledges that the City may be required to disclose certain documents provided by the Applicant as required by a court order or applicable law. 4. Substantial Compliance and Rights of Termination. The City, by and through the SBCC, reserves the right to terminate the Economic Revitalization Area designation and associated property tax abatement deductions if it reasonably determines that the Applicant has not made reasonable efforts to substantially comply with all the Commitments,as defined in Section 2 of this Agreement, and the Applicant's failure to substantially comply with the Commitments was not due to factors beyond its reasonable control, as described in Section 5 below. 5. Factors Beyond Control. As used in this Agreement, factors beyond the control of the Applicant shall only include factors not reasonably foreseeable at the time of designation application and submission of Statement of Benefits which are not caused by any act or omission of the Applicant, and which materially and adversely affect the ability of the Applicant to substantially comply with this Agreement.Applicant has the burden to communicate to the City any such factors in which it believes is beyond its control and impacting its ability to fulfill the terms of this Agreement or any tax abatement benefit provided to the City. The City reserves the right to investigate the factors cited by Applicant under this Section 5 to the fullest extent possible and may deny Applicant's request upon the completion of the City's investigation. 6. Renavment of Tax Abatement Savings. If at any time during the term of this Agreement the Applicant shall: (a) be delinquent or in default with respect to any tax payment in St. Joseph County, Indiana;or(b)cease operations at the facility for which the tax abatement was granted;or(c)announce the cessation of operations at such facility, then the City may immediately terminate the Economic Revitalization Area designation and associated tax abatement deductions, and upon such termination, require Applicant to repay all of the tax abatement savings received through the date of such termination. 7. Notice/Hearing of Termination. In the event that the City determines that the Economic Revitalization Area designation and associated tax abatement deductions should be terminated or that all or a portion of the tax abatement savings should be repaid, it will give the Applicant notice of such determination, including a written statement calculating the amount due from the Applicant, and will provide the Applicant with an opportunity to meet with the City's designated representatives to show cause why the abatement should not be terminated and/or the tax savings repaid. Such notice shall state the names of the person with whom the Applicant may meet and will provide that the Applicant shall have thirty (30) days from the date of such notice to arrange such meeting and to provide its evidence concerning why the abatement termination and/or tax savings repayment should not occur. If, after giving such notice and receiving such evidence, if any,the City determines that the abatement termination and/or the tax repayment action is proper, the Applicant shall be provided with written notice and a hearing before the SBCC before any final action shall be taken terminating the abatement and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. Joseph County Superior or Circuit Court. 2 8. Repayment. In the event the City requires repayment of the tax abatement savings as provided hereunder, it shall provide Applicant with a written statement calculating the amount due (the Statement"), and Applicant shall make such repayment to the City within one hundred twenty (120) days of the date of the Statement. If the Applicant does not make timely repayment,the City shall be entitled to all reasonable costs and attorneys' fees incurred in the enforcement of this Agreement and the collection of the tax abatement savings required to be repaid hereunder. 9. Modification/Entire Agreement. This Agreement and the schedules attached hereto contain the entire understanding between the City and the Applicant with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, inducements, and conditions, expressed or implied, oral, or written, except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing signed by the City and the Applicant. The Applicant understands that any and all filings required to be made or actions required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant. 10. Waivers. Neither the failure nor any delay on the part of the City to exercise any right,remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the same or of any other right,remedy,power,or privilege with respect to any occurrence or be construed as a waiver of such right,remedy, power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 11. Governing Laws of Indiana. This Agreement and all questions relating to its validity, interpretation,performance,and enforcement shall be governed by the laws and decisions of the courts of the State of Indiana. 12. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of the Courts of the State of Indiana and of the St.Joseph County Circuit or Superior Court in connection with any action or proceeding arising out of or relating to this Agreement or any documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall be brought in such County and in such Court. 12. Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or by facsimile (with confirmation by registered or certified mail) or on the third business day following the mailing,by registered or certified mail,postage prepaid,return receipt requested,thereof, addressed as set forth below: If to Applicant: The Tower at Washington Square LLC 111-1 LIT"' JRtJEtvlq[r Log toy toy 11101 Attn: Li CITY ANGE I-i/kD ES 3 If to the City:City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 1400S South Bend, Indiana 46601 Attn: Executive Director of Community Investment 13. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit of the City and the Applicant and their successors and assigns, except (a) that no party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party hereto, in which consent shall not be unreasonably withheld, and (b) Applicant may assign and transfer its rights under this Agreement to the Permitted Assign without prior written consent. "Permitted Assign" means the affiliated single purpose entity created for purposes of designing, constructing, owning, operating, and maintaining the apartment complex which is the subject of this Agreement. 14. Valid and Binding Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon,and all of which shall together constitute one and the same instrument. By executing this Agreement, each person so executing affirms that he has been duly authorized to execute this Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation of the party. 15. Severability. The provisions of this Agreement and of each section or other subdivision herein are independent of and separable from each other,and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby. 16. No Personal Liability. No official, director, officer, employee, or agent of the City shall be charged personally by the Applicant, its employees, or its agents with any liabilities or expenses of defense or be held personally liable to the Applicant under any term or provision of this Agreement or because of the execution by such party of this Agreement or because of any default by such party hereunder. Remainder of page intentionally blank.] 4 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. Applicant" City The Tower at Washington Square LLC City of South Bend,Indiana By: " t.r z.1< GL' By: Liberty Angeliades lJ Sharon McBride Manager President, South Bend Common Council The Tower at Washington Square LLC By: — Approved as to Legal Adequacy and Form this Rachel Tomas Morgan day of 2023. Chairperson, Community Investment Committee Counsel, South Bend Common Council By. Erik Glavich Department of Community Investment Counsel for Applicant By James Mueller Mayor Attachment follows.] 5 Filed in Clerk's Office BILL NO. 23-11 MAR 2 2 2023 DAWN M.JONES RESOLUTION NO. 5008-23 CITY CLERK,SOUTH BEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 213 West Washington Street, South Bend, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT- YEAR (8) REAL PROPERTY TAX ABATEMENT FOR Apartments and Commercial Space at Tower at Washington Square LLC WHEREAS, a petition for real property tax abatement have been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the areas described as: Key Number: 71-08-12-110-024.000-026 Commonly Known As: 213 West Washington Street, South Bend, IN 46601 Legal Description: R-1 Apartments Lots 239 & 240 & Vac Alley W & Adj OP w 32.3% int in common areas be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS,petitioner has agreed to and has accepted responsibility to report any changes in the Key Number and legal description to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that each area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq. for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Areas shall be limited to three (3) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of eight (8) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code § 6-1.1-12.1-17. Year 1 - 100% Year 2 - 95% Year 3 - 90% Year 4 - 85% Years - 80% Year 6 - 75% Year ? - 70% Year 8 - 65% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, 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 _ 2023, at _ o'clock .m. Dawn M. Jones,City Clerk Office of the City Clerk Approved and signed by me on the day of 2023,at o'clock m. James Mueller, Ma/or Filed in Clerk's Office City of South Bend MAR 2 2 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Filed in Clerk's Office CITY OF SOUTH BE D APR O 5 2023 COMMUNITY INVESTMENT April 5, 2023 Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, Indiana 46601 DAWN M. JONES CITY CLERK, SOUTH BEND, IN RE: Declaratory Resolution: Residential Real Property Tax Abatement Petition for Cross Community, Inc. Dear Council Member Tomas Morgan: Please find the enclosed' information pertaining to a residential real property tax abatement petition submitted by Cross Community, Inc., an Indiana Nonprofit Corporation. This petition package includes: •Department of Community Investment's summary report •Petition for abatement •Statement of Benefits form (SB:1 / Real Property) •Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner plans to build two new houses on vacant lots on Harrison Avenue, just north of Lincoln Way West, with an estimated construction cost of $440,000. The project meets the requirements established by Sections 2-77, et seq. and would qualify for a five-year (5) residential real property tax abatement. Representatives from Cross Community, Inc., will be available to meet with the Committee on Monday, April 10, 2023. If you or any of the other Council members have questions concerning the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, � <_)AJ Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.southbendin.gov BILL NO. 23-18 5-Year Abatement March 30,2023 Cross Community Inc. South Bend Portage Township Residential Real Property Tax Abatement Schedule' Type of Dwelling: Single-Family Home 2 homes- Estimated Project Cost: $ 440,000 New Construction Property Address: 724&726 Harrison Avenue Tax Key Number: 71-08-02-407-013,000-026;71-08-02-407-012,000-026 Current Without 2 Properties). Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Assessed Value(AV) Land 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 6,000 Structure(80%AV of Project Cost) 352,000 352,000 352,000 352,000 352,000 352,000 Gross Assessed Value 6,000 358,000 358,000 358,000 358,000 358,000 358,000 Abatement 100% 100% 95% 95% 90% Abatement Deduction 164,300) (164,300) (156,085) (156,085) (147,870) Homestead Deduction** 96,000) (96,000) (96,000) (96,000) (96,000) (96,000) Mortgage Deduction** Supplemental Homestead Deduction 91,700) (91,700) (91,700) (91,700) (91,700) (91,700) Net Assessed Value 6,000 170,300 6,000 6,000 14,215 14,215 22,430 Property Taxes Assume constant tax rate of 5.2897% Gross Tax(Tax Rate x Net AV) 317 9,008 317 317 752 752 1,186 Circuit Breaker&Other Credits 113) (4,748) Taxes Due 204 $ 4,261 $ 317 $ 317 $ 752 $ 752 $ 1,186 3% 1% 1% 1% 1% 1% 1% Circuit Breaker Cap 180 3,580 3,580 3,580 3,580 3,580 3,580 Debt Service(0.3997%of Net AV) 24 681 24 24 57 57 90 Max Tax Under the Cap 204 4,26/ 3,604 3,604 3,637 3,637 3,670 Combined Year Abatement Current Taxes New Net Taxes Current& Taxes Abated Due Projected Tax Paid New Taxes 1 100% $ 204 $ 4,057 $ 4,261 $ (3,943) $ 317 2 100% 204 4,057 4,261 3,943) 317 3 95% 204 4,057 4,261 3,509) 752 4 95% 204 4,057 4,261 3,509) 752 5 90% 204 4,057 4,261 3,074)1,186 Total: 1,020 20,284 21,303 (17,978)3,325 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2022 Payable 2023. moi y, Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. City of South Bend Changes to homestead and mortgage deductions took affect for tax year 2023. MAR 3'G 2023 City of South Bend cl-ry 6 Ibt Petition rQ ltEQforIncentivesthe Nob , PMtlfion mast include a SlSO Property or personal property 4 aN*/fro poSebre to the air dark's ofik* nor which you are apptying.before proamdtw con be cern** G Irtlon Project Name I' =Prolett t+lu t'rue'r Lica WO*it registered WYM Secretary at State Cross Community Inc. Buenas.relators CDC-Domestic Nonprofit Corporation Company notate https-llmycrossccmmunity org/ Pro"p I its don lhdpp+adproiedaddresa 724&726 Harrison AveOtyParent company mini State,Bp South Bend, IN 46616 a''owns" s+te acreage or wastage required Cross Community Inc. 0.34 mil or leaeasedd'r' cta°`owned Owned Square feet of IaJnty N/A If leased,by wham? P in o ifZttn 7Tn3lld TITS, Primary oomwM contact name Tina Patton This President Addren ar company mime 707 Sherman Ave P1one 574-876-2106 ay,Start,EpSouth Bend,IN 46616 Irian Imparion2@comcast.net ddiaq711' Company senior onkld name Same as above Addrrst of comps ny contact PIail./rent from above(phone City,State.ZAP Intal? VS ,i g.Aient Jr Hired Iso rinds consultant/Vent name Conwttant relit HO MN) admit local economk devtiopnattl partners approval?n/N) City,stmts./id mall Pro]eclbirarylew anter description of your comes ny.ProletL and arty Ma We will building two (2) new two-story homes that in general will bePropertylthtiataaa"ter between 1390-1620 sqft with 3 bedrooms, 2.5 bathrooms, with ar...,,omk troveth finished basement. The homes will be sold to first time homeowners who have participated in financial/credit building workshops. Grtlrfed Technology Part apsroprlate N/A lathe prolate In a ram tncremental qhs nv)arae?..,which? River West Have building Perm rts been issued?tYJN}l) Number of residential aorta crtate4 byNote-ram taslble for abatement If Pet] 71. protett 2 N Mss Is a petition lot personal property tax abatement,hat N/Atheequipmentbeat'rat. ? Invefi tkltos nY: - f, .. Adak btfnftnrtlt.. needs Mme e pe!ee Menne been Velhet Y t it wlue d arty equipment bury purchased In tYhat Is the who deny aqurm.tt beingCh.pa of pratie ti dolens)rer.laet? Mebane lar the reject/ pu n:hand rein oat of stele lar the pr.(aai 45-60k lay10 aitwti uquid uelty aluadfH Pete awlyadawUllniawLLLtd 'WUltniawllyadauglllni lanai333aurotallaMseMakampiZOZZZOZEZOZpryIAA!a01[11(1µawaulunna!puttpaagnoleaA1noAhlcelapAq UOIWWPelPuaAutumn, ci,.ABuIMolloia43w;saaAoldwaw Waw3Mutuo0inaASM.Patamealewa;to/pueAallouiwawpyedpueawlslin;le3agwnuayaasoaseald11M0. otdwa033U.r1°AaryN•ailodluNMq033upMayAuadwOoirroAsao011140134u uot"O>N°MWIMt Wsutpl0004°iat41w°4tulinPWPut941•4a"eweoNWItiotwpy teNaleu2w IA) Wgaalvamp" awn IndawnINsuopisod BuIMapo;ayau!saaAoidwaMaulo;uopewlolula3eMAllnoyapinoldEO1 ttOZ ZCOZ ltnt 0102 6Z02 azoZ ZZOZ 9/ 02SZOZ Z 02ROZ anpelnwm ratouoq Wielnwru IOUIgorMaulauaaptumlo%NW!V114. 1•pausal •urglpuadaaio'manualJOs3µauaqpa(oudMpsIaansgor3usuauuad °4--p03a113°1 lu1UJA4ln°l0/MafeM117133fteNra AV+noll tu+pllniWATau)odaNlrinHln°HRaulno;sgoiIleaAiepuof")leaAlepuale3 Aqsuoplsodsuaplsaa-euelpuisuauewladawll-Iln-J00.0$ 00.0$ 0o'o$ 00'0$ 00.0$ 00.0So0000'o.s00'0$lyaolu^>a4se4W lagli030.u0unyxutta11U1IIIM a3(O-uawMµoSMaN uIMpleHwietndwoo wvNsalnUxli/unllwniMON lueoolae//o0oo1lapadSW ewelnb37 AlsulyaawMANulawamudwlJMwlnAfuPslr3 00'000'014 Su°nan3ifuo•J: WW1BMOHgto)ase3p3nd1uiPo logOWAWAadasaalIW IMOuon{gn(30y purl6it ..•r Q( SZOZbZ02lEZOZ2202 INICfr ) ia3 { 3. leeA/epuaieDN/do 'J sauawisanulaljold MaNrzOZEd bWa34/0sllaa ., rte~_ Filed inC' C'erk's Office MAR 3 G 202; p.1WN n t j©AJC3CompletebelowforRealorPersonalPropertyTaxAbatemCI..ERK,SOUTH SEND,INPleasesignforallrequestedIncentives. Public Benefit Item: information is required on both the construction companies and the companies which will provide materials purchased for this project. fyPleasecompletethetablebelowwiththeappropriateInformation. If Qua1 Earned Points Available Points you qualify for the points,please enter the full amount of available res or Ho) points. 1 Construction Related(Contractors) A. Employ Local Companies(75%) Y 20 20 B. Purchase Materials from Local Companies(75%) Y 20 20 C. Require Employees vs.Independent Contractors Y 19 19 D. Require Prevailing Wage(Davis Bacon) Y 22 72 E. Require Health Benefits Y 22 22 F. Require Retirement Benefits N 0 18 G. Maintain Affirmative Action Plan Y 20 20 Sub-total Construction Related: 123 141 2 Wage&Ben4fit Rchtatl SOwnerl: A. Pay Target Wage Levels N 33 B Provide Health Benefits N 34 C. Provide Retirement Benefits N 29 D. Provide Training N 28 E. Provide Child Care N 15 F. Provide Transportation Assistance N 14 G. Provide Employer Assisted Housing program N 9 Sub-total Wage&Benefit Related: 0 162 3 Workforce Related: A. Create New Jobs N 42 B. Retain Existing lobs N 41 C. Maintain Affirmative Action Plan N 35 D, Provide Targeted Hiring Preference N 34 Sub-total Workforce Related: 0 152 4 suonort a Municipal FeNitty A Support a SB Municipal Facility(donations to the zoo,conservatory,museum,etc.) N 84 Name of Facility 1 ISub-total Municipal Facility: o 84 subtotal from Above: 123 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Coundl of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,4t seq.,and South Be d Municipal Code •7 for this petition state the above. Submitted By: I Date: March 30,2023 Filed;r, C,e_k s Office BAR_ 3 L 2023 For Staff Use Only Below This Line i Y CLERDA K JQ S y rig`END, IN What Is the current tawniest veto'?Rear Pmp.rtY zsq !. 2400 13 [0O s'ersonnt Property; What Is Ors projected euesaed value? meal Property t3diis :A35.2,A35 K 'Perron.'Property: Whit h the tact key number for that project? J I-03-o l—yO7 -O/3,oO& -o 26 whet+atheale diet MAfc5 d.? 7/-ed -O Z—yo 7- /2 .Oexj_U26 Please attach a Goode map end street?dew of the loo non. Please Net the amount of reel end Personal property teras Real Property Tures Penonel Property Team:Pak,for the last the years when.ppllrable. Yew One 20 2 Z O 5.7o / d Year Two 2.0 24 v lO Year Th ore ZD Zo D / 62.00 Year Four 2.o ri O / ---/ .O 2_ Year nue 2-0 Ii!g lJ i1 03. 5 Please fits out the following Public Benefit Summery Information and add to total from above. fY or NI e2 nts Intl Public Benefit Item: Proles*trtellt4; 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Acn:eve a Phys feat Element of a Plan 36 Subtotal Pro}ect Related:120 6 up4r We Protects foolnt value,ire cumutat•'ve1: A. 100%to 199% 25 B. 200%to 299% 68 C. 300%to 399% 16. 65 0. 400%and Over t. V 521 ,, 15db-total Super Sire Projects: 1 \ ty 1 210 7 Pay for Meaticpal Infrastrt,rture:9 ~ A. Pay for Overeating or Upgrading 14 B. Pay for 26-50%of Ectenslon Cost j 26 C. Pay for 51.75%of Extension Cott 1 39 0. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: L 131 Total hon Appifcent Section: 539 Total from Staff Section: 461 Total Public Benefit Points: 1000 Filed,r ark's Office MAR 30?023T Department of L J. a oryDAty SO JoCommunityInvestmentClEAK BEND IN RESIDENTIAL TAX ABATEMENT (PETITION ADDENDUM) The undersigned owner(s)of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration; and pursuant to I.C. 6-1.1-12.1-1 et seq. and South Bend Municipal Code Sec. 2-76 et seq., for this petition, state the following: Legal Name of Petitioner same as top of page 1 of petition) Cross Community Inc. Project Title Project Address 724 & 726 Harrison Ave LProject City, State,ZIP South Bend, IN 46616 Describe the proposed construction We will building Two (2) new two-story homes that inproject. Include information about general will be between 1390-1620 sqft with 3squarefootage,number of rooms, bedrooms, 2.5 bathrooms, with a finished basement.number of stories, other amenities such as finished basements and garages, the amount of land to be used, and the proposed use of the Improvements. Also provide a general statement as to the importance of the project use an additional sheet for long project descriptions If necessary). Estimate the dollar value of the construction project. 440,000Donotincludelandcost.) 1 on., gR36, RESIDENTIAL TAX ABATEMENT (PETITION ADDE q y 0 For the real property or properties for which tax abatement consideration is petitioned, provide :11°4/7- information below on the individual(s)or corporation(s)who own or will own the properties. If the 9FNObusinessorganizationispubliclyheld, also indicate the name of the corporate parent, if any, and the N name under which the corporation has filed with the Securities and Exchange Commission. Also, describe the owner's interest in the property. List out each residential property which could receive an abatement. If you need additional rows, then make addilional copies of this page or attach a similar document to this petition addendum. Address Current Owner(s) Future Owner(s) Owner's Interest 1 1 724 Harrison Cross Community Inc. 726 Harrison Cross Community Inc. 2 F/ ea cif CI q Soy,\ RESIDENTIAL TAX ABATEMENT (PETITION ADDS oxiw Ce rovide the commonly known addresses and tax keynumber of the roe properties. FFjyj,"propertyrty or ro erties. The taxkey,,will start with"71"(e.g., 71-08-12-152-005.000-026)and typically has 18 numbers separated by dashes'day, Sdot.Also provide the current assessed value(s). 4/0 N List out each residential property as you did on the previous page.If you need additional rows,then make additional copies of this page or attach a similar document to this petition addendum. Current Assessed Estimated Market Address Tax Key Number Value After ProjectValue Completion 724 Harison 71-08-02-407-013.000-026 $ 2,600 245,000 r 726 Harrison 71-08-02-407-012.000-026 $ 3,400 245,000 H List the real property taxes paid at the location(s)during the previous two calendar years, whether paid by the current owner or a previous owner. Provide the year(e.g., 2022) and the amount of total taxes paid. (Note that if a property's taxes are past due, then that property is ineligible to receive a tax abatement ) If you need additional rows,then make additional copies of this page or attach a similar document to this petition addendum. Tax Key Number Year 1 Year 1 $Taxes Paid Year 2 Year 2 $Taxes Pald 71-08-02-407-013.000-026 2022 85.70 2021 0.00 71-08-02-407-012.000-026f2022 0.00 2021 1$ 0.00 4 1 1 1 1 Check box to confirm that building permits HAVE NOT been Issued for any of the properties.. 01 3 RESIDENTIAL TAX ABATEMENT (PETITION ADDENP M) 41p e sn. Cid, a v?' ce Describe and list other anticipated City Housing Subsidy Program, City Sew= 1.c"U Jpublicfinancingfortheproject, Reimbursement, and City Sidewalk Repair Pr.•1 includor already assistance authorizedthrough the O y 6sS U.S. Department of Housing Urban 40 Development (HUD), the City of South Bend, the South Bend Housing I Authority, the Housing Assistance Office, the St. Joseph County Housing Consortium, or other entity providing financial assistance. Do not limit your response to public works improvements only.). Describe how the property has Lack of investments in the neighborhood, maintenance lbecomeundesirablefororimpossibletotheprevioushomeledtoitbeingdemolishedleavingofnormaldevelopmentbecauseofathetotstobecomeabandoned, vacant and blightedlackofdevelopment,cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property. Provide the current use and zoning for each property.(Zoning information,including the zoning map, 7canbefoundhere. if you need to add additional properties, you can add rows to the table below, use the space below the table, or use an additional sheet. Address or Current UseTaxKeyNumber Zone 724 Harrison Vacant U2 726 Harrison Vacant U2 L 4 ANNi; , \ RESIDENTIAL TAX ABATEMENT (PETITION ADD'NDUM) ' 14P Indicate the Tax stIncrementalFinancing (s/I River West South Side West -4 it . •TIF)area In which the 1 111 properties are located. B Click here to view the ( River East Douglas Road Not in a TIF AreaTIFboundaries. WHEREFORE, Petitioner has paid the required fee of$150.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. The Petitioner agrees to provide the staff of the Department of Community Investment upon request information related to the project, including but not limited to a legal description of each property, a map and/or plat indicating the location of each property, and photographs of each property that are accurate representations of each property's condition at the time of this petition is filed. Submitted by: 4 i6 Signature Tina M. Patton Printed Name President Title 3/30/2023 Date 5 Filed in Clerk's Office STATEMENT OF BENEFITS MAR 3C 2023 2023 PAY 2024 e' 1 REAL ESTATE IMPROVEMENTS L___ State Form 51767(R71 1-21) DAWN M.JONES FORM SB-1/Real Property Prescribed by the Department of Local Government Fina 1cciTY CLERK,SOUTH BEND,IN PRIVACY NOTICEThisstatementisbeingcompletedforrealpropertythatqualifiesunderthefollowingIndianaCode(check one box): Any information concerning the costORedevelopmentorrehabilitationofrealestateImprovements(IC 6-1.1-12.1-4)of the proper and spools salaries 11 paid to Individual employees by theResidentiallydistressedarea(IC 6.1.1-12.1-4.1) rope ty owner Is conSdentlal per INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area poor to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be submitted to the designating body BEFORE(he redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction 3. To obtain a deduction,a Form 322/RE must be filed with the county auditor before May 10 in the year In which the addition to assessed valuation is made or not later than thirty(30/days after the assessment notice is mailed to the property owner if it was mailed after April 10 A property owner whofailedtofileadeductionapplicationwithintheprescribeddeadlinemayfileanapplicationbetweenJanuary1andMay10ofasubsequentyear. 4. A property owner who files for the deduction must provide the county auditor and designating body with a Form CF.1/Roal Property The Form CF-1/RealPropertyshouldbeattachedtotheForm322/RE when the deduction is first claimed and then updated annually for each year the deduction is applicable.IC 6-1.1-t2.1-5.1(b) 5. For a Form SB-1/Real Property that is approved after June 30. 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Raaf Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating bodyremainsineffect. IC 6-1.1-12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayer Cross Community Inc. Address of taxpayer Number and Street 707 Sherman Ave cIm South Bend SUte: IN ZIP: 46616 Noma of contact person Telephone number E-mail address Ptnt Ntune Tina h,st N,mr. Patton 574)876-2106 tmpatton2@comcest.net SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution numberCommonCounciloftheCityofSouthBend Location of property County DLGF taxing dIstnct number NumberanJ ,.t 724 Harrison Avenue City, South Bend sett IN IIP:46616 St. Joseph 026(South Bend-Portage) Description of real property Improvernonts,redevelopment,or rehabiiiaton(use additional sheets If necessary) Estimated start dole(month,day,year) We will building 2 new homes that in general will be between 1390-1620 sgft. The homes will 5/1/2023 be sold to first time homeowners who have participated in financial/credit building workshops. Estimated compleacedate{ironer,day,year) 12/1/2023 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current Number Salaries Number Retained Sale/les Number Additional Salaries SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values 2,600 Plus estimated values of proposed project S 220,000 242,408 Less values of arty property being replaced Net estimated values upon completion of project 220,000 245,000 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds)Estimated hazardous waste converted(pounds) Other benefits The homes will be sold to first time homeowners who have participated in financial/credit building workshops. SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature of authorized representative Date elated(month.day,year) 3/30/2023 Printed name of authorized representativeTitle Tina Patton President Page 1 of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards In the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years'(see below). The date this designation expires is NOTE This question addresses whether the resolution contains an expiration date for the designated area. B. The type of deduction that Is allowed In the designated area Is limited to: 1.Redevelopment or rehabltltation of real estate improvements Yes No 2.Residentially distressed areas Yes No C. The amount of the deduction applicable is limited b$ D. Other limitations or conditions(specify)_ E. Number of years allowed: Year 1 Year 2 Year 3 0 Year 4 Year 5 ('see below) Year 6 Year 7 Year 6 Year Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt en abatement schedule per IC 6-1.1.12.1-177Yes No If yes,attach a copy of the abatement schedule to this form. If no,fro designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits Is sufficient to justify the deduction described above. Approved(signature and rifle of eulhoritad member of dosignnling body) Telephone number Date signed(month,do/year) Primed name of eulhartred member of designatingi9g body Name of designating body Areared by(signature end afle of ntlesfe,) panted name of attester• If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Form SB-1/Real Properly was approved prior to July 1,2013,the deductions established in IC 6-1.1-12.1-4.1 remain in effect The deduction period may not exceed five(5)years. Fora Form SB-1/Real Property that is approved after June 3D, 2013,the designating body Is required to establish an abatement schedule for each deduction allowed. Except as provided in IC 6-1.1-12.1-18,the deduction period may not exceed ten(10)years. (See IC 6-1.1-12.1-17 below.) B For the redevelopment or rehabilitation of real properly where the Form SB-11Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect.For a Form SB-1/Real Property that is approved after June 30,2013,the designatingbodyIsrequiredtoestablishanabatementscheduleforeachdeductionallowed.(See IC 6.1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sac.17.(a)A designating body may provide to a business that Is established In or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment In real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The Infrastructure requirements for the taxpayers investment. b)This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction far each year of the deduction. Except as provided In IC 6.1.1-12.1-18,an abatement schedule may not exceed ten(10)years. c)An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayers statement of benefits, Cier s c q4 36.once tiM Spm S Page 2 of 2 rued in C_ ark S oft ce BAR STATEMENT OF BENEFITS 3 2023 PAY 2o2440REALESTATEIMPROVEMENTS0RAIN 4 stale Form 51797(R7f 1-21) CCERk sM JONES FORM SB-1/Real PropertyPrescribedbytheDepartmentofLocalGovernmentFinanceLIUTHBENDPRIVACYNOTICEThisstatementisbeingcompletedforrealpropertythatqualifiesunderthefollowingIndianaCode(cline' .,. Any information conceminy the cost-Redevelopmenl or rehabilitation of real estate Improvements(IC 6 1.1-12.1-4) of ate property end speaflc salaries Residentially distressed area(IC 6-1.1-12.1-4.1)paid to Individual it employees by the arty ovrner IL w"dential per INSTRUCTIONS: PC 9 t.t-t2 t-5 t 1 This statement must bo submitted to the body designating the Economic Revitalization Area poor to the public hearing if the designating body requiresinformationfromtheapplicantinmakingifsdecisionaboutwhethertodesignateanEconomicRevitalizationArea. Otherwise,this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction 2 The statement of benefits form must be submitted to the designating body and the area designated art economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduct/on. 3 To obtain a deduction,a Form 322/RE must be riled with the county auditor before May 10 In the year in which the addition to assessed valuation Is made or not later than thirty(30)days after the assessment notice is mailed to the property owner Hit was mailed atter April 10. A property owner whofailedtofileadeductionapplicationwithintheprescribeddeadlinemayfileanapplicationbetweenJanuary1andMay10ofasubsequentyear. 4. A property owner who riles for the deduction must provide the county auditor and designating body with a Form CF-1/Rest Property. Tho Form CF-1/Real Property should be attached to the Form 322/RE when the deduction is first claimed and than updated annually for each year the deduction Is applicable.IC 6-1.1.12.1.5.1(0) 5. For a Form SB-I/Real Property that is approved after June 30, 2013. the designating body Is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating bodyremainsineffect. IC 6.1.1-12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayer Cross Community Inc. Address of taxpayer NumberandStrmt 707 Sherman Ave Crr1 South Bend state: IN ZIP: 46616 Nano of Conte-1 person Telephone number E-mail address Pint Nurse:Tina Lot Name. Patton 574) 876-2106 tmpetton2g)oomcaat.net SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution numberCommonCounciloftheCityofSouthBend Location of property County DLGF taxing district number Numberaad street 726 Harrison Avenue city. South Bend yufe; IN ZIP.46616 St. Joseph 026(South Bend-Portage) Duii t plion of reel property improvements,redevelopment,or rehebit!toUcn(use additional sheets I/necessary) Estimated start dote(month.day,year) We will building 2 new homes that in general will be between 1390-1620 sqft.The homes will 5/1/2023 be sold to first time homeowners who have participated in financial/credit building workshops. Eeerneted oomptetion dem(month,day.year) 12/1/2023 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current Number Salaries Number Retained Salaries NumterAdditirnei Sotanes SECTION 4 ESTIMATED TOTAL COST AND VALUE Or PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values 3,400 Plus estimated values of proposed project 220,000 S 241,600 Less values of any property being replaced Net estimated values upon completion or project 1220,000 245.000 SECTION 5 WAS1 E CONVLRTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds)Estimated hazardous waste converted(pounds) Other benefits The homes will be sold to first time homeowners who have participated in financial/credit building workshops. SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations In this statement are true. S'gnaairo of sutrerizad representative Date signed(month.day,year) 3/30/2023 Printed name of authorized representative '. Tina M. Patton aPresident Page 1 of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years'(see below), The date ihni designation expires is NOTE This question addresses whether the resolution eonterns an expiration date for the designated area. B. The type of deduction that Is allowed in the designated area is limited to: 1 Redevelopment or rehabilitation of real estate improvements Yes No 2.Residentially distressed areas 1 Yes No C. The amount of the deduction applicable is Omitted to$ D. Other limitations or conditions(specify) E. Number of years allowed: Year 1 Year 2 Year 3 Year 4 Year 5 ('see below) Year 8 flYear7 Year 8 Year El Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1.12.1-17? Yes No If yes,attach a copy of the abatement schedule to thea form. If no,the designating body Is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to Justify the deduction described above. Approved(signature and Uiis of eufnatzed member of designating body) Telept+ono number Dare signed!month,day year) Printed name of authorized member of designatingi9nG body Name or designating body Attested by(signature rind title of attestor) Printed nacre of attester If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. A For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013,the deductions established In IC 6-1.1-12.1.4.1 remain in effect.The deduction period may rot exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30, 2013,the designating body Is required to establish en abatement schedule for each deduction allowed Except as provided In IC 6-1.1-12.1-18,the deduction period may not exceed ten(10)years. (See IC 6-1.1.12.1-17 below.) ft For the redevelopment or rehabilitation of real property where the Form SB-I/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect.For a Form SB-1/Real Property that is approved after June 30,2013,the designatingbodyisrequiredtoestablishenabatementscheduleforeachdeductionallowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that Is established In or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment in real and personal property. 2) The number of new full-time equivalent lobs created. 3) The average wage of the now employees compared to the state minimum wage, 4) The infrastructure requirements for the taxpayer's investment. b)This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter- An abatement schedule must specify the percentage amount of the deduction for each year of the deduction Except as provided in IC 6-1.1-12.1-18,an abatement schedule may not exceed ten(10)years. c)An abatement schedule approved fora particular taxpayer before July 1.2013,remains In effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. MqR 317 s c`Ck s""NFseFHA/N Page 2 of 2 Aerial Views far II' 11.,toLIAIW ILL: • , aIR1 !Pill ,P. ZJIIIPPI... 4-111171. r 411 ' 1 -\ • __4I III -.1 Liltrall E. II Atil itag I II •L__ SR' ilfil r a i 41 iipin1 ay ilismlin imr i mi 111•Piriligi Pik wmplirlor , i A, ,,,,....:„:„.,. s4...,I •,.I. iiii. ., A " ,; 1, • f. P i ...• \\ fIL' it l.” s'' . . i tf* ' - s.`.,'. 1 A ‘ • N, N II tt Ii. .'-' '".1:-'..1-411161;iiiii;,*; i,•' it litr.-: View of 726 Harrison from the street facing east. f- jam. dRegi i f ,.- --• 4,` e, _f-- - . , y i. t c 4 t r it A, r nr'".„... . g04-1 4„„,' t ilt, _ F i u r r e a ` - ....ti-Y 4 < .'-4+eta• a-, r •' Y View of 724 Harrison from the street facing east. q 4-'a 4$ F, l rte , tip., ., , l i 0 i '-' t t r MODEL BUILDING TYPE 0 Z Harrison Streeto DESCRIPTION: H UNIT CONFIGURATION: 3 BED/2.5 BATH p UNIT SIZE: 1,618 SQ.FT.(FINISH GROSS) BUILDING HEIGHT: 2 STORIES+BASEMENT 0 N SHEET INDEX 0,-1,62 FLOOR PLANS A.I.LC ROOF FUN.0 LIGHTING PLANS A,111 EXTERIOR ELEVATIONS A-3.61 &ALONG SECTIONS.NAIL MOON AIMV41.06.4 BCOON BDI®AE, A,<, E,reR.NOVALS IELEVATON OPTION AI 111CO7 APPLICABLE CODES BENOBOND. MODE CeS,..LII.la USB OF CTRFTB BNODOBEOIO „,1 oARO' PR. rR VP N5 SECTION,1.07.031 my ri JON CONSTRUCl ryPE OCCUEwRq 5m TTPE NN a` STONES 2.NSxEN O 1S.N. aLT" E-w SSD SF O Irli.../ 741/ ,/ / MIS EE CONSERVATION nNEa CODE PAT IITAI NAMARA . , 0 THOSE.ASS . NE.A,CO.w,LNCEFAIR ae.Iemu IluII alu0m1n 141* PRICING SET GENERAL GENERAL CONSTRUCTION z "^ NOTES: STANDARDS: 1 SITE PUN S.LL SE ED SEPARATELY SY APPLICANT PER REWmEDODS OF DECOY OF SOUTH.F., B SLOPE ALL GRA0MFROM MAPG FAL CONDITIONS ASSURED THROUGHOUTHROULwTT.DWANE SET.ST AND PEITAPPLI000N. B.xCOOCATIONSTOTESEDETA.SNAYBEREGMREDATTN RETFN.NDLIABU,YOFT.GEREAL ECDIRALsI.wL.°NN .FEL, BON. STROCTLINAL SHEATH.. NxHB.AMANT POOL.RI YAINMEP...OF...TS.WATS...TOSEPLACEDOLDOf STRUCTURE ROOFUSSESORROOF RARE.ANOASSTS.A M1 FNLP. TFRFRA.RExwY FIBER CEMENT.FN x AO ONxERR0F,N,BARRIER ON STRUCTURAL .,NLFSRE.YO,° NTTSP IN LOCAL E STA CONTRACTOR RNEGTHATT FINAL ALL RISE VATNNI RUN .,CCOMPACTOR T COORDINATE D.SUCTUWC00Sws , -P.,a,.w.N,MGOLATONRETAE.STUDSµ .., -a .0US OU. O OxINTERIOR NS.TO 14E- ET C.BOARD 1, WON.RCN MLL r MIRED Pi DACE CONCRETE FOUNDATON BTRIDIADESSINOICATE0 OTHERWISE.AT AREAS MERE WON CASING TRIM DUST SF RIPPED MLL MO.PROOFING.MIER PROOFING BELOW .REBAR PER COVER. DRAWING 12.1..L.1.STRUCTURE 2A.000 STUDS ls-o.c.UNLESS OTHERWISE NOTED. CODE PAR. ON EXTERIOR FACE quDE INDEX AND GENERAL 00.TRUC DM AND QUALM MRSLIANSIDP.ALL CO.TRUCTION SMALL MEET NS.FLOOR PHD ROOF LOADS.AND SE. DE0R E SHOULD BE CHECK PRIOR SET DOOR so AODT R INS TRW IS OF EOMLVMDTADS EACH OF DIE R. MERE 1-141.OR BHR FIRE MINGO NECESSARY THE APPLICABUE WALL ASSEMBLY MUST MEET ALL MINIMUM CODE PS MASH DT GYPSUM WALL BOARD ODERETE APSOFOAR MWc BU.UNDER INTERIORBEARD. TgONINGT=S OR swims cousiauci.. 10. PROVIDE MOO BLOOM/DB.00 GYPS...ALL BOARD AT ALL HANDRAILS.CASKETS.GRAB NEON/IE./DS. WALLS ANO STRUCTURAL COLDIANS.A. All IMMERSIONS ADE SHOWN TO INFORMATION STUPOR FACE OF FOUNDATION RAO TO TNE CENTERLINES OF COORS SNOW.SURROUND 1.1 FLOOR I CEILING NALL ASSESISLY DINCOAD COLUMNS UNLESS S TT DE TO THE t DEMANI. tESEM Ws SPECIE.SELECTEE EWMMENT AND APPLIANCES ACCORDING To E FLOOR JOISTS.INTERIOR FLOOR FINISH BY o,HERs. 1 UM OMMEIO BEN OF„OR.FI ERF LOUT.NBOf E,iT ANTI tx O B RM"EMRGMESB RT E APPLICABLE OORFEMG EMDLYDUST ME .MRM OD G-0. 01 NGIRD, ACCESS SMALL ENDOW. dNDwR..,.,HAMMAO. i EOUREA,ENTG EGRESS I F d MIN FRONTS.0 2.11,0' 4, MIN MANSUR., TRE10.1( /f i—el o yl I i I iii 1 S,S 0.NI 7,All tipti ir AP IN Et Ru i 1:hi gli I it iH 114 la v i MY 0. A 4.: A--L. 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',° ''',..., 1 0 0 ek t»a a 0 PRLa L._.J 1 GUTTERS TM aO.RO.ttr. 1 SIM 13L-0,11.5 AI.DIA u9111 1208.183000 PRICING SET PAM mom.rvr.•- ---•-_...__.._._..._...... u, 56 Y avnau LVA U BOARD l FTNea TVA Tr T,i TWre T* PxE PARED COATDIP T_ FOUNDATION OUNIrvP. EXTERIORELEVATIONS 1.FenExon 1 m F REAOFEAoa,a I s r 1 .. A-'.U1 O.TIREAR ELEVATION 1/P=1'A' OS ILEFT ELEVATION 1l4'•1'A' CI YYZ I I W R.o. ar I I m D I4, FIN Ma 2NO 99UL vv La PFNRODM OjLili111921t BEDROOM OT O Hn9ru0e. 12. 0 VT MMRgd7 YO.SUBFLO:1R i OFT, L. S.TLIOS..„:WIN NOUSE 15T 4, 1:17T IrT CO r WRa RR.o. a F raNARIES, a iIll 20ao02'CROSS SECTION 1VA'=1'O" 03'LONGIUDINAL SECTION 1I -1,0. Z 7 W4m jCEPFON i.BYES BUMF, C r N STUB.TTP.RR, U vO frvEawRos 1 J I1i 'T' rvwI( SUBFLOOR SCREWED TO 11 250 REXTERIOR a SBOARR1 m020 r e c a 10 Y.. O6.1e2022 CEuvaiomneau,PRICING SET zary' s WORMTYPEA TYLER 2144511/06 AN OF Rw,nr_ , 1 ' DOOR SCHEDULE 12'=1'V r CONCRETE Ire GYP BD OR arNRarvR FIRE SUR111 TrRESLSTANT WALL PER PLAN LYI DAMP PROOFINGy WINDOW SCHEDULE OR CODE ROM PER I MUMj R900C I oa.RRry I STYLE I ee•"•` B.L. 2000 A art r-a x-c NOM F144rs,: . 5 Baal VAPOR BARRIER g. x v S.MA s odm,F+On WALL SECTION, AIDS EOLBREALL 0-,0rz All AAI' a C-C r E S R " p.m SCHEDULESSDOORSCIEDLES oxInlaw PROPORTION 0" wv \ nPEA rvPEB wwE0wlraCvs C -v 0.0 7 od1BtF,nNG TEMPERED REQUIRED BY A-3.01 01'TYPICAL EXTERIOR WALL SECTION 314•=1'-0. 'WINDOW SCHEDULE 1/Y=1'A' ti DaE" Z a- 1- W CETaGa DDE 0m METAL RA9„ 9oWDa° CONNIWOUS I' _ NEaNV IPEDGE E>, Atm leilp 0 DaDaM,.0.0 a.V© ixN ,. Iiiiik iIX, a„ THIN E,°E, EDiCOXINGOF SINLICIUIP.SUM ia t. O INGRGH MARMON 3 5/1.6 BOOM ON ISMS. I \ j, I he auc,we, ar°EDIn„ smLIcivaE BY OTHERS GYP.BO.MUM Ma PANT GSPAID. TRW 9D aD INN TRIM, NGDD TO i N l__.____{ __..) E_ O2 IFRONT PORCH-EASE DETAIL I I2'=1'-' OOIWINOOW HEAD W 6.61 smut UaE SV DTHI% Q SHINGLES D AL EAVES \ PWI POOR.MIT EN CODE; . tt°. 5/01,DIUSTUSINI SHEATHING aR& MuaEXTERIOR SILL G . Q a mSAreo 2. 0 r9E 0 06t.OF SON.Si OMER EDGE l FROM a ,,,_ `°' ENV GLUMETALE viii / 5":139D.E _ DP a„, n Hwi rt STEPS TO N. 6 N SONY SON NI HISapp. 4 0 rwNwANDsus vS SLOG..Sub E>= PSG. 0 XL MOD SETAE.SHEATHING aE1E6 80 0160 HMS 011 N ENT Ill 0 e P ii! iCONTSDFFlf 1 as a LOM BETWEEN s_sp.. TO MATCH tta. 0 VT alx lal ` Ce n ! — MllewEi• noN0aae sVS ew wAt CONI U 1 2166 9IN. IN . 6D 1 09.19]023 PRICING SET O11FRONT PORCH SECTION 3/0-=1'J3 O3I1,1AIN ROOF-EASE DETAIL I I/2'.1,0. ISI WINDOW JAMB 3'=1'-0' OM Ye MP PROFILE GYP.BCPEETURN INA 7..Xt6tref:g4 Ha aEGMaEp.Luicn FON N M S0 Vii; IP TRIM DMu n EXTERIOR DETAILS REQUIRED.ttS.ELEVATION OPTION INTERIOR Mi.. A) DUNES TIMER'S A-4.01 O61WINDOW SILL 3=1'-0- South Bend Neighborhood Infill I Narrow House (3-bedroom) r- - The Narrow House II i I01 _ T.:.,_ , HI i s,.!II The 3-bedroom version of the Narrow House provides I I®an efficient,yet comfortable detached,fee-simple option aGµ, that allows development of the city's most skinny infill f_ rIi1II II II I I as the 2-bedroom Narrow House,however,a 1-story rear111W_II i -113 n addition accommodates a ground floor master suite.This 110!!!!1 gal;jt R R ;F y f extension could also be modified into a one-car garage. r' -+0 "-n ' ;.— T f - '`."` r. - ofce/workshop.or attached ancillary dwelling unit. y r t wed Building Type Overview Building Dimensions MASTER Building Height 2 story 7'5 14'-5' Building Width 20' Building Depth (incl.porch) 51' fi Program h t ' rci..... „ Unit Configuration 3 bed/2.5 bath rarcnEfi Unit Size(finished gross) 1.390 sq.ft. y_ 10 is x 9`0" I¢ ._ i_, Basement(unfinished) 830 sq.ft. N. - 11 r...„_ ..._ Porch(unconditioned) 136 sq.ft. 1st Floor 830 sq.ft. 2nd Floor 560 sq.ft. j Lot Standards DMMG/uvrtav I Lot Width(min.) 30' I5'-o XIe-cx T Lot Width(max.) 60' c7,—,-,",,,','" 1 Cost Assumptions ZONING DISTRICTS ALLOWED 0L Preliminary Construction $220,000- Estimates' 5270.000 m m m m m D Ai 5. \ MN i MJ Financing Options 30-yr mortgage 1 o-- sora 7C Z G n 0. cr IVR. \ wm N m(0 v m z City of South Bend BOARD OF ZONING APPEALS April 4, 2023 Common Council of South Bend 227 W. Jefferson Blvd, 4th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 Filed in Clerk's Office I APR O 4 2023 I .. -DAWN M. JONES CITY CLERK, SOUTH BENO, IN Re: The petition of RED TAIL PROPER TIES LLC seeking a Special Exception for Heavy Industrial in the I Industrial for property located at 1306, 1330 HIGH ST, & 909 E BROADWAY ST, Bill#l 1-23 Dear Council Members: I hereby Certify that the above referenced petition of RED TAIL PROPERTIES LLC was legally advertised on March 24, 2023 and that the South Bend Board of Zoning Appeals at its public hearing on April 3, 2023 took the following action: Upon a motion by Caitlin Stevens, being seconded by Mark Burrell and unanimously carried, a petition by RED TAIL PROPERTIES LLC seeking a Special Exception for Heavy Industrial for property located at 1306, 1330 HIGH ST, & 909 E BROADWAY ST, City of South Bend, is sent to the Common Council with an unfavorable recommendation, and will issue written Findings of Fact. The staff comments related to this petition and exhibits received prior to the meeting are attached. The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. The recording of the meeting is available on our website. Official minutes of the public hearing will be posted on our website once approved. If you have any questions, please feel free to contact our office. Sincerely, �?Jt.� Angela M. Smith Zoning Administrator Attachment CC: RED TAIL PROPERTIES LLC Bryan Cook BILL NO. 11-23 Filed in Clerk's Office o , ; nr4u101APR042O23 47, 0 DAWN M.JONES CITY CLERK SOUTH BEND, INr Southeast Organized Area Residents, Inc. 1412 South Carroll Street South Bend, Indiana 46613 February 25,2023 Dear Tim Corcoran: Although I talked with you about this issue at the talk to the mayor session at Riley High School, at our monthly SOAR meeting on February 14,it was decided that I should write an official letter of concern and assistance for the city to close the"junk yard"which has been established at the former site of the Pepsi Cola Bottling Plant. This eyesore should not be allowed in a predominantly residential neighborhood.We know that light industrial is the official zoning of the area north of Broadway,east of High,south of Sample,and west of Miami,but there must be some limits.In addition,was the buyer honest about his intention for this property at the time he purchased it,and would the sale have been finalized with this intent?What can we do about this? Stephenie at LangLab told me that you called her the next day expressing concern.We are grateful for that.We hope LangLab can thrive,but its surrounding area will need to be attractive to their customers.Especially as they plan to make major improvements to their building and parking lot. Please do whatever the city can to end this use,and the abuse of our residential area.And please keep us informed of what is going on,and let us know if there is anything we can do to help. Thank you. Sincerely, Conrad Damian, President Kate Bolze From: Rahman Johnson <rocknd9393@gmail.com> Sent: Monday, April 3, 2023 1:28 PM To: Zoning Subject: BZA#0183-23 RED TAIL PROPERTIES LLC 1330 and 1306 High St. Dear Board of Zoning Appeals, Please accept this letter as opposition to the requested action of Special Exemption for Heavy Industrial at the location referenced above. My name is Rahman Johnson and I reside at the following address: 728 Pennsylvania Ave.,South Bend, IN 46601. I believe this site or Junkyard poses a serious threat to the health of the residents and environment that live near this site. This threat includes hazardous materials such as lead batteries, mercury from light switches, anti-freeze,freon from cooling systems, polychlorinated Biphenyls (PCBs) Chlorofluorocarbons(CFCs), asbestos found in brake pads, motor oil, and heavy other metals. These toxins pose real health risks and can be linked to kidney disease, possible brain damage, problems with the blood and damage to the reproductive and nervous systems. In addition, PCBS and asbestos are carcinogenic. The environmental concerns include plant contamination,endanger animals,soil and groundwater. These heavy metals and other contaminants may enter drinking water and pose risk to everyone living near this site. Again, my name is Rahman J Filed in Clerk's Office APR 0 4 ZQZ DAWN M.JONES CITY CLERK,SOUTH BEND,IN City of South Bend RECEIVED MAR 0 3 2023 BOARD OF ZONING APPEALS Petition for Variance - Special Exception Property Information 018-7017-072604,018-7017-072601, 018-7010-037101 Tax Key Number: 0 1` a ) r quo Address: ( 3 b i i l owner: G ` i fropeYT1(... LLL Zoning: Project Summary:Ve-k ICJr TO W Ivy9 ;DI v.S G Nr\ 1r e_ 1 1 f - S r\e_2G a -eV\ce c\. \-\,\ y Requested Action Vpecial Exception—complete and attach Criteria for Decision Making Use requested: Industrial,Heavy- Salvage Yard 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 Informal) i ' D Site Plan drawn to scale Filing Fee iriw,k G IkhPer. 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: L1',n tac.\ C.\\ Q3,1[N. r cAr 0 C vires y CkV 4.3\-CIA- -- 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: T w`1 1 av , } v\ f- k e-s ,1, c7 r c ‘s-\e T . C c>v 1 l \ t ` e `k s F ck r ,5 0. d C,U- 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: c, ( \, re c.1 U 1 L 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: Contact Information Property owner(s) of the petition site: Name: il)TE L 7ILSI Ltd Address: LI(OO Le(a. FAV- WilLf miSVOILOVIKrA , IN uc)Sc( S Name: Address: Name: Address: Contact Person: Name: rya v‘0 Address: 0,4-V 3e v.4 , TW, 966 (`-( Phone Number: t-/ S-G 3 S52 E-mail: c)c;V 77 m aC_o trv-\ 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 thus 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: A11/)0 Ct ( crt-- incl J o LLL J Ci , 4,,, yam: Y, ': ?,; ..+ ..,t:`.x€n Vii ' Tattoo N. 4 k y 41r. k i• ;'' , e CPConnexi a 14...,,,::: t ck dd;Y w7 1330 High LLC c 4.'It k R6 s fife ixt„„, Broadway IMm y: uilders Q. at 714"1-7"1",,A,1, ' . a Q Broadway St v,z: E1Broadway 3 V •' " i' wrliedi 0 0 op 41,:f)CCHi MAR 0 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN C · t f S th B d County-City Building I Y O O U € n 227 W. Jefferson Blvd. 1400S BOARD OF ZONING APPEALS ____ s ...... ou...,th Bend.IN 46601 --F-il_e_d_in_C_le-rk's Office (574l 235-7627 April 4,2023 Common Council of South Bend 227 W. Jefferson Blvd, 4th Floor South Bend, IN 46601 APR O ◄ 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Re: The petition of REDDLINE PROPERTY LLC seeking a Special Exception for a 2 Unit Dwelling in the Ul Urban Neighborhood 1 for property located at 439 DUNDEE ST, -Bill#l2-23 Dear Council Members: I hereby Certify that the above referenced petition ofREDDLINE PROPERTY LLC was legally advertised on March 24, 2023 and that the South Bend Board of Zoning Appeals at its public hearing on April 3, 2023 took the following action: Upon a motion by Kaine Kanczuzewski, being seconded by Mark Burrell and unanimously carried, a petition by REDDLINE PROPERTY LLC seeking a Special Exception for a 2 Unit Dwelling for property located at 439 DUNDEE 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. The recording of the meeting is available on our website. Official minutes of the public hearing will be posted on our website once approved. If you have any questions, please feel free to contact our office. Sincerely, �J1.� Angela M. Smith Zoning Administrator Attachment CC: REDDLINE PROPERTY LLC BILL NO. 12-23 Filed in Clerk's Office BILL NO. 12-23 L MAR 0 7 2023 DAWN M.JONES ORDINANCE NO. CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 439 DUNDEE STREET, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the use of a duplex. 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: 439 S. Dundee St. South Bend, IN 46619. 018-4051-1888 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 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. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, 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 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office MaR n oz3 CITY C®E KN pU H BEND,IN 2 - Filed in Clerk's Office City of South Bend MAR 072023 BOARD OF ZONING APPEALS DAWN M.JONES CITY CLERK,SOUTH BEND,IN March 7, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 439 Dundee Street Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 13, 2023, meeting and set it for public hearing at your April 10th, 2023 Council meeting. The petition is tentatively scheduled for public hearing at the April 3rd, 2023, 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, Kari Myers Zoning Specialist CC: DeCarlo Redding,Jr. County-City Building 227 W.Jefferson I South Bend, IN 46601 1574-235-7627 I www.southbendin.gov/zoning 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 yTaxKeyNuber:0 " V)1 1 dQ y , Address: q3 q Owner: ge /I44e ?roper Ai LLC . Zoning: Choose the current distfictU I Project ummary: The 5c 19/04 iS 'ac) s,,.ieopaSeparadc o r,iS iris on;/no 4c ay 1,417- Akdimic/) /.10,K1 a s„f/c vv,/ n6e a .0444 via44,11,7 r Requested Action Eecial Exception — complete and attach Criteria for Decision Making Use requested: U n,{ CkliOU Variance(s) - List variances below, complete and,a tach 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: 777e /9/per vse. w I Cotir ei5 cif te //e7e6oEAaod cit- w,rl Opeja In feipze1/Ll/ vse / 1,/ r14,44gf 2) The proposed use will not injure or adversely affect the use of the adjacent ar9a or property values therein, because: A k4./ ItoPPYropase.ol USe, ,1 /5 1 49/av, >` de,#b.(h'l r )1- Qpjr/r Veke,(s). 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: Lei 4 r/1 b.e. 4 1inf ovv oi' L/ %er`"ca vi t s,<i/c/ 5,:I £*posed o c i/`/°l 4) The proposed use is compatible with the recommendatiops of the Comprehensive , Plan, because: ix, fib e.d/ Ul2 `.S 5.. tl +ny mos; p0,4,01,4/ f / Edi e 101,rfe.04 o ati O P/ fr r 6?' / 040e/7 r 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 etition site: Name: 9t ec a 114 reVP14LL C Address: // ,6`; 1It/aa )aJ 5J . y(W9 Name: Address: Name: Address: Contact Person: l Name: 4r CAjjt6 iyA Sr Address: 42lano .1 3E . zP 4 ?).2,(\A 4440 Phone Number: 5111'544'(a3n' E-mail ! .,,dreo43/4af/. Go-tY) By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Prop y Owner (-)Signatures: II p l7 i Zoning Districts (effective 01/01/2020) 1 1 Iv 439 S dundee X Q i Show search results for 439 S. t, II r • Parcel:REDDLINE PROPERTY LLC Ilk ii‘-' i PARCELID 018-4051-1888 PARCELSTAT 71-08-10-301-010.000-026 4 a PARCPRC More info GISWEBLK More info f PAYTAXURL More info TAXINFOURL More info j4_ JWNER REDDLINE PROPERTY LLC rCilFrt; iiiii t t: Zoom to 5 ".i. a `y! A 1 'ri CS wil U7CIdwv 3 pal= t c tifikkati' lia : ' r w CD r, I 1 lit_ Kiri.rill , , 4104 r riff— ii, . _ . Alik• ,-,414 I.,, 11f. I Cu F 4 Ell • c * .01 ar ..A:.... E . Filed.In Cierk's C ffiiw t 1 DAWN M.JONES CITY CLERK,SOUTH BEND,IN City of South Bend BOARD OF ZONING APPEALS April 4, 2023 Common Council of South Bend 227 W. Jefferson Blvd, 4th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 -----------,(574) 235-7627 Filed in Clerk's Office I APR o ◄ 2023 I· .... DAWN M. JONES CIT\' CLERK, SOUTH BEND, IN Re: The petition of JMJ GROUP LLC seeking a Special Exception for a Group Residence in the NC Neighborhood Center for property located at 1602 MICHIGAN ST, Bill#13-23 Dear Council Members: I hereby Certify that the above referenced peti.tion of JMJ GROUP LLC was legally advertised on March 24, 2023 and that the South Bend Board of Zoning Appeals at its public hearing on April 3, 2023 took the following action: Upon a motion by Kaine Kanczuzewski, being seconded by Caitlin Stevens and unanimously carried, a petition by JMJ GROUP LLC seeking a Special Exception for a Group Residence for property located at 1602 MICHIGAN 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. The recording of the meeting is available on our website. Official minutes of the public hearing will be posted on our website once approved. If you have any questions, please feel free to contact our office. Sincerely, �J1.� Angela M. Smith Zoning Administrator Attachment CC: JMJ GROUP LLC Clara Ross BILL NO. 13-23 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. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, 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 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office MA[ RO723 CITY CLERK,OUTTH BEND,IN 2 - Filed in Clerk's Office City of South Bend BOARD OF ZONING APPEALS MAR o7 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN March 7, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1602 S Michigan St. Dear Committee Chair Hamann: 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 March 13, 2023, Council meeting and set it for public hearing at your April 10th, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the April 3rd, 2023 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: Request a Special Exception to allow for the property to operate as a group residence. 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, Lf,„"hi-Ar(-- Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building 1227 W.Jefferson I South Bend, IN 46601 574-235-7627 I www.southbendin.gov/zoning City of South Bend 227 W. Jefferson - Suite 1400S IN 46601 BOARD OF ZONING APPEALS South Bend, zoning@southbendin.gov RECEIVED MAR 0 6 2023 Petition for Variance - Special Exception Property Information Tax Key Number: 017 -7Cs 1 - II cn Address: _I(._-@O 3 t(Aida Owner: M o P « C Zoning: Choose the current district rJ C Project Summar A1Y f J rovS ,(4''C(. e E g fG pS t / 4 Requested Action IA Special Exception — complete and attach Criteria for Decision Making Use requested: 2i ccuy c c c€ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Vac-11-6 1,0 - c9\` nec` Cocn-ems cQCA RequiredAocuments mpleted Application (including Criteria for Decision Making and Contact Information) IN Site Plan drawn to scale P A 1 ID Filing Fee 5 1 - k) Per I U''' 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: 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: 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: 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: 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: 1-,47- 6 A e c,,, L Address: /07-<- V ta, -"h v_-- L ; /, C 0 fv/ 2 2 Name: Address: Name: Address: Contact Person: Name: C ( 4`. 4. f 9 ff Address: /4' cDZ1Ovi ,is.- $/vo' So '// OSe I, /iv 7 ‘1/_3 Phone Number: -5— 7' 2 0 - 0 3 E-mail:OSS ---5---‘a `°27ii 1°D , 6Orte. 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: 7 ,i,.,_,/,-tefe4 Pit/ i'-&u7. /2 44 HOMES FOR TRACY, INC EIN# 92-0477397 1602 S. Michigan Street South Bend, IN 46616 574-520-0397 cross5560yahoo.com Home4Tracy@yahoo.com City of South Bend BOARD OF ZONING APPEALS Rachel Boyles PROPERTY INFORMATION Parcel ID 71-08-13-326-001.000-026 Tax Key Number: ****************** We need to get this, probably from Kate Bolze *** Address: 1602 S. Michigan Street, South Bend IN 46613 Owner: JM] Group, LLC, John & Madonna Gaudio Zoning: Neighborhood Center (NC) PROJECT SUMMARY HOMES FOR TRACY, INC., is a program dedicated to homeless women and children. The project is getting the house ready at 1602 S. Michigan Street. Its purpose will be a house for the education of, and transitional living for, homeless women and their children. It will house clients in the Homes for Tracy program ONLY. It will have 5 bedrooms. Each single woman and her children, if any, will reside there for 6-8 months during which she will work on life skills, life sustainability, financial literacy, her credit, entrepreneurship and the accumulation of social capital in the form of people who will assist her on her journey out of homelessness. The ultimate goal for each woman is home ownership. Each woman is expected to work and to save a portion of her salary. By doing so, when she transitions to a house or apartment, she will have the necessary funds for security deposits and to turn on utilities without asking for financial assistance. This is a hand up, not a handout. It is not yet clear if we need a special exemption, or if one or more of the uses"permitted by right" may prove suitable without the need for a special exception. In any case, should we all determine a special exemption is needed, we provide additional information below. 2) REQUESTED ACTION Special Exception 1) The proposed use will not be injurious to public health, safety, comfort, community moral stands, convenience or general welfare, because: The property at 1602 S. Michigan Street will be used for Multi-Unit transitional housing for women and their children who, even though they might currently be unsheltered and homeless, will abide by the laws and regulations of the City of South Bend, the county of St. Joseph and the state of Indiana. Each candidate is only eligible with the understanding this is a volunteer program and will have certain expectations with behaviors and actions that will not only benefit her personally but also the neighboring area. Consequently, there will be a security system, strict rules and regulations set in place to help her feel safe and secure, and to help her keep a mindset that this opportunity to change her lifestyle will come only with cooperation and intention. 2) The proposed use will not injure or adversely affect the use of the adjacent area property values therein because: The purpose as stated before, is to assist women who are in the beginning levels of transitioning their lives. Each woman is part of a working community focused on being self-sufficient. There are other multi use housing locations in the immediate area. There should be no objections from neighboring homes. Prior to 2020, this proposed site for Homes for Tracy, 1602 S. Michigan Street, was a common nuisance because it stayed empty for so long. Now there is a perfect opportunity to create a new narrative not only for the property but for the lives of these women, and in some cases the lives of their children. 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: 1602 S. Michigan Street was built around 1900. The character of this home from the time is was first created has not changed. It stands with dignity despite the changes all around. Like everything that has come about in the last 20 or so years, this neighborhood is in transition for the better and with that mindset the Homes for Tracy ministry is perfect for this spot. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The existing comprehensive plan was written in 2002 and much has changed in St. Joseph County since then. There is a steady growth in population and the cost of rent is stupendous. Many people are adversely effected, and the increase of families facing homelessness is horrific. The use of this property by Homes for Tracy is but a small part of the answer and the comprehensive plan in action for affordable housing and quality of life for less fortunate citizens, who just need a chance to make a better life for their family. It will make a tremendous difference for those women who participate in it, and will improve the neighborhood as well. CONTACT OWNER 3M3 Group, LLC, John & Madonna Gaudio, 303-870-1044 10154 W Lake Drive Littleton, CO 80127 Madonna@Gaudio.com, & Libertv@Gaudio.com Go gle Maps 1602 S Michigan St i 1 E Indiana Ahr,111771 i. .Z....1AI f 4- ,,,,,, ,,S, :3 aci-,,,_ , 1-„,,,_ ,* '.,b •- 1.'7%..:. "V 1: „.. , Mil 1/4 11, 4... 4 E. , ' esen441, 10`. ' * -- r Y' ; F-' ,L '.y.iii. irth t: l'r.''r IA' Ai Google ..„.-• Map data©2023,Map data©2023 Google 20 ft Filed in Clerk's Office MAR 0 7 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN oUTH lie . • I CITY OF SOUTH BEND COMMUNITY INVESTM February 7, 2023 Honorable Committee Chair Lori K. Hamman South Bend Common Counc'il 4th Floor, County-City Building RE: Resurrection Lutheran Annexation Area, southeast corner of Olive Road & Nimtz Parkway Dear Committee Chair Hamman: Attached is an Ordinance for the proposed annexation at the above referenced location. Please include this Ordinance on the Council agenda for first reading at the February 13, 2023, Council meeting; for second reading at the March 27, 2023, Council meeting; and for third reading at the April 10, 2023, Council meeting. Per the provisions of Section 21-01.02(g) of the South Bend Municipal Code, the property would automatically be zoned to S 1 Suburban Neighborhood 1 District upon annexation without needing a public hearing before the South Bend Plan Commission. The petitioner provided the following to describe the proposed project: Annexation of A-Agricultural parcels from St. Joseph County into the City of South Bend as S 1 Suburban Neighborhood 1. If you have any questions, please feel free to contact me at (574) 235-5843. Thank you. Sincerely, Michael P. Divita, AICP Principal Planner · cc: Bob Palmer, Attorney, Common Council Staff, South Bend Plan Commission EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 14005 County-City Building 227 W. Jefferson Bvld. I South Bend, Indiana 46601 p 574.235.9371, www.southbendin.gov BILL NO. 03-23 BILL NO. 03-23 ORDINANCE NO. 10916-23 Fi~ed in Clerk's Office FIH'O? 20?1 CITYCOLE~RWKN M. JONES iYmit'n:SOrJUrttpH.fj~~INLJANORDINANCEOFTHECOMMONCOUNCILOFTHECITY0 INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, FOR THE SOUTHEAST CORNER OF NIMTZ PARKWAY AND OLIVE ROAD, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to annex two properties at the southeast comer of Nimtz Parkway and Olive Road (53000 block of Olive Road); the properties would be automatically zoned to SI Suburban Neighborhood 1 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: Part of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, being more particularly described as follows: Starting at the Northwest comer of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East (being the intersection of the Cleveland Road/Nimtz Parkway and Olive Road centerlines); thence South 40 feet, more or less, to the South Right-of-Way Line of Nimtz Parkway extended; thence East 20 feet, more or less, to the Point of Beginning, which lies on the South Bend corporate limits; thence East 128.50 feet, more or less, along the South Right-of-Way Line of Nimtz Parkway to the north- south South Bend corporate limits; thence South 390.40 feet, more or less, along the north-south South Bend corporate limits to the east-west South Bend corporate limits; th_ence West 128.5 feet, more or less along the east-west South Bend corporate limits to the north-south South Bend corporate limits; thence North 390.4 feet along the north- south South Bend corporate limits to the Point of Beginning. Containing 1.15 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 ofthe 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 S 1 Suburban Neighborhood 1 District, per the provisions of Section 21-0l.02(g) of the South Bend Municipal Code. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: Dawn M. Jones, City Clerk Office of the City Clerk Sharon McBride, Council President South Bend Common Council 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 ________ _, 2023, at __ _ o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ___ day of _____ _, 2023, at o'clock m. James Mueller, Mayor City of South Ben~Tl'Chmnr---------, Filed in Clerk's Office DAWN M. JONES CITY CLERK, SOUTH BEND, IN 2 - Department of Community Investment Memorandum Monday, January 23, 2023 TO: FROM: SUBJECT: Kara Boyles, Engineering Aladean DeRose, Legal Gerard Ellis, Fire Timothy Lancaster and Eric Crittendon, Police Pam Meyer, Neighborhood Services & Enforcement Ben Dougherty, Administration & Finance Angela Smith, Community Investment -Zoning Kelly J. Smith, Solid Waste Michael Divita, Principal Planner Request for Service Reports Resurrection Lutheran Annexation Area 100% Voluntary Annexation of Contiguous Property) A petition for voluntary annexation of the Resurrection Lutheran Annexation Area has been received by the City and is to receive First Reading by the Common Council on Monday, February 13, 2023. The proposed Annexation Area consists of two parcels and adjacent right-of-way totaling about 1.2 acres and is located at the southeast corner of Nimtz Parkway and Olive Road. The area is currently vacant and is zoned agricultural in the County. With the annexation, the petitioner seeks zoning of S1 Suburban Neighborhood 1 District to expand the parking area for the adjacent Resurrection Lutheran Academy. Please complete the Service Report addressing how your Department will or can provide City services to the proposed Annexation Area, and return it to me by February 6, 2023. This deadline must be met so that the Legal Department can prepare the necessary resolutions in time to be considered by the Board of Public Works and the Board of Public Safety. A fact sheet, map, and an annexation schedule are attached to assist you in your review. If you have any questions, please contact me at (57 4) 235-5843 or mdivita@southbendin.gov. cc: Mayor James Mueller Kacey Gergely, Chief of Staff, Office of the Mayor Bob Palmer, Attorney for the Common Council Caleb Bauer, Executive Director, Community Investment Tim Corcoran, Director of Planning, Community Investment Dawn M. Jones, City Clerk Staff, City Clerk Robert Kruszynski, County Surveyor 227 W. JEFFERSON BLVD. SOUTH BEND. IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV Department of Law: 1) Public Works: 1) 2) 3) 4) 5) 6) 7) Police Department: 1) 2) 3) Fire Department: 1) 2) 3) Neighborhood 1) Services: 2) Zoning: 1) 2) 3) 4) Adm in/Finance: 1) Solid Waste: 1) 2) 3) County Surveyor: 1) SERVICE REPORT CH ECK LIST I legal concerns, if any {if none, no report is required) location, size, and capacity of water line{s) listing of properties connected to water line{s) location, size, and capacity of sewer line(s) listing of properties connected to sewer line(s) any public improvements required or suggested, such as street signs, street lighting, pavement upgrade, storm drainage cost, timing, and source of funds for providing those improvements (within 1 year for non-capital items and 3 years for capital items) ' a listing of properties covered by waivers Police Beat to be assigned cost, timing, and source of funds of providing any improvements whether comparable response time can be mair:,tained primary and secondary fire stations to be assigned cost, timing, and source of funds of providing any improvements whether comparable respons~ time can be maintained Inspector Area to be assigned whether comparable response time can be maintained current zoning of property anticipated/required zoning compatibility of land uses relative to city zoning copies of recorded subdivision plats, if any no report necessary for this annexation) capacity to provide solid waste service cost to owner of service when service can begin verify accuracy of legal description INITIAL REVIEW FACT SHEET 100% VOLUNTARY ANNEXATION Resurrection Lutheran Annexation Area German Township Prepared January 2023 A. Annexation Criteria (Minimum) Analysis Criteria Met? 1. 2: 3. Contiguity: At least 1/8 (12.5%) 100% Yes Yes Yes Yes Yes fWl 100% of owners signed petition 100% and a.· essential City services are/can be provided b. City is able to provide services c. territory is contiguous B. General Location: Address(es): Tax Key Number(s): Subdivision(s) of Record: Acres: Current Net Assessment: Current Population: Proposed Population: Current Land Use: Proposed Land Use: Current Zoning: Proposed Zoning: Council District: Scheduled Effective Date: Comments: On the southeast corner of Nimtz Parkway and Olive Road Vacant lots, 53000 block of Olive Road 004-1020-033402 004-1020-0335 None 1.2 2,000 0 0 Vacant land Parking/landscaping area for adjoining Resurrection Lutheran Academy A Agricultural District, St. Joseph County S1 Suburban Neighborhood 1 District, City of South Bend 1st Council District May 21, 2023 Proposed Annexation Area includes the full width of the Olive Road right-of-way Map Resurrection Lutheran Annexation Area NORTH I1111 Resurrecuon I.Ulheran AnnexatlOn Area Ill cay or South Bend I 0--==: SO=-eet-==:i500 R'epsed by City at South Bend Department of Comm111ity lnveS1ment Janusy 20, 2023 Legal Description Part of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, being more particularly described as follows: Starting at the Northwest corner of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East (being the intersection of the Cleveland Road/Nimtz Parkway and Olive Road centerlines);·thence South 40 feet, more or less, to the South Right- of-Way Line of Nimtz Parkway extended; thence East 20 feet, more or less, to the Point of Beginning, which lies on the South Bend corporate limits; thence East 128.50 feet, more or less, along the South Right-of-Way Line of Nimtz Parkway to the north-south South Bend corporate limits; thence South 390.40 feet, more or less, along the north-south South Bend corporate limits to the east-west South Bend corporate limits; thence West 128.5 feet, more or less along the east-west South Bend corporate limits to the north-south South Bend corporate limits; thence North 390.4 feet along the north-south South Bend corporate limits to the Point of Beginning. Containing 1.15 acres, more or less. Proposed Schedule for Resurrection Lutheran Annexation Area Fiscal Plan Service Request Sent Fiscal Plan Service Request Due File Date Council 1st Reading Fiscal Plan Done Council Advertisement Board of Public Works Agenda Session Board of Public Works Hearing Board of Public Safety Plan Commission Public Hearing Fiscal Plan Resolution to Clerk Council 2nd Reading Council 3rd Reading Ordinance Advertised Appeal Period Start Appeal Period End 1/23/23 2/6/23 2/8/23 2/13/23 2/27 /23 3/3/23 3/9/23 3/14/23 3/15/23 NA 3/22/23 3/27/23 4/10/23 4/21/23 4/21/23 5/21/23 k's Office I · r--·i .... ; -, JAN 2 3 l02J j TAwN"M::io'Nes 1 CITY CLERK, SOlJTH BEND, IN flied in Clerk's Office I MAR 2 9 2023 I . ' ,'. DAWN M. JONES CITY CLERK, SOUTH BEND, IN March 29, 2023 CITY OF SOUTH BEND COMMUNITY INVESTMENT Sharon L. McBride, President South Bend Common Council 4th Floor, County-City Building 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 Provisfon of Services to an Annexation Area in German Township (Resurrection Lutheran Annexation Area) Dear President McBride: ram attaching for filing the above resolution, which is a companion to Bill No. 03-23. That bill proposes to voluntarily annex contiguous territory in German 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 1.2-acre annexation area contains two parcels at the southeast comer of Nimtz Parkway and Olive Road, plus adjacent right-of-way. All public improvements, if any, will be required to be done at the expense of the developer. r request that the attached resolution be placed on the agenda of the April 10 2023, 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) 235-5843. Thank you. Sincerely, Michael P. Divita Principal Planner EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT ! .:iOOS County City 8uilcli11g '.227 '. Jcffer�r,n Bvlcl. South Bend. Indiana 40601 o S74.'.235 9371 ww.,.southbe11cli11.gov BILL NO. 23-16 Filed in Clerk's Office APR 0 3 2023 BILL NO. 23-16 RESOLUTION NO. 5013-23 DAWN I SOUTH BEND,CITY CLERK, 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 GERMAN TOWNSHIP RESURRECTION LUTHERAN 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 German 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 1.2 acres of vacant land which property is at least 12.5% contiguous to the current City limits, i.e., 100% contiguous, generally located at the southeast corner of Nimtz Parkway and Olive Road (53000 block of Olive Road). It is anticipated that the annexation area will be used for a parking lot; 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 or other governmental entities whose jobs will be eliminated by the proposed annexation. 1 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 German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: Part of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana,being more particularly described as follows: Starting at the Northwest corner of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East(being the intersection of the Cleveland Road/Nimtz Parkway and Olive Road centerlines); thence South 40 feet,more or less, to the South Right-of-Way Line of Nimtz Parkway extended; thence East 20 feet, more or less, to the Point of Beginning, which lies on the South Bend corporate limits; thence East 128.50 feet, more or less, along the South Right-of-Way Line of Nimtz Parkway to the north-south South Bend corporate limits; thence South 390.40 feet,more or less, along the north-south South Bend corporate limits to the east-west South Bend corporate limits; thence West 128.5 feet, more or less along the east-west South Bend corporate limits to the north-south South Bend corporate limits; thence North 390.4 feet along the north-south South Bend corporate limits to the Point of Beginning. Containing 1.15 acres, more or less. 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 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 2 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 roads or streets will be required. Section IV. Sidewalks should be provided along public streets, 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. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, 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 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office APR 0 3 2023 3 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Brea uierKcs °rrioe Exhibit "A" MAR 2 9 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN THE CITY OF SOUTH BEND FISCAL PLAN RESURRECTION LUTHERAN ANNEXATION AREA Prepared by City of South Bend Department of Community Investment February 20, 2023 Resurrection Lutheran 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 Resurrection Lutheran 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 German 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 at the southeast corner of Nimtz Parkway and Olive Road 53000 block of Olive Road). See Map 1. B. Legal Description The Annexation Area is part of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East, in German 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 1,037.8 feet 100.0% Non-Contiguous 0.0 feet 0.0% Total 1,037.8 feet 100.0% D. Size of Annexation Area The Annexation Area is approximately 1.15 acres. Resurrection Lutheran Annexation Area 4 E. Buildings& Land Use The Annexation Area contains vacant land. An expansion of the adjoining Resurrection Lutheran Academy parking lot and landscaping area are proposed for the land. F. Zoning&Subdivisions The two properties in the Annexation Area are currently zoned A Agricultural District in St. Joseph County. With the annexation ordinance, the properties would automatically be zoned as S1 Suburban Neighborhood 1 in the City. The Annexation Area does not fall within any subdivision of record. G. Population No people currently reside in the Annexation Area. After development, no residents are proposed to live in the Annexation Area. H. Tax Rate& Impact The tax rates used are those of 2022 payable 2023. The total tax rate for unincorporated German Township is 2.4383 per $100 of taxable real estate. The total tax rate for South Bend German Township is 5.2560 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. Resurrection Lutheran Annexation Area 5 I. Parcel Ownership&Assessments Parcel Identification Assessed Number Address Parcel Owner Value Total) Vacant lot, southeast Michiana Lutheran 004-1020-033402 corner Olive Road & 500 Nimtz Parkway Education Association Inc. Vacant lot, southeast Michiana Lutheran 004-1020-0335 corner Olive Road & 1,500 Nimtz Parkway Education Association Inc. Total Assessments Land: 2,000 Improvements:0 Total (Gross): 2,000 Total (Net): 2,000 Assessments are based on 2022 payable 2023 St. Joseph County property tax records. J. Municipal Legislative District The Annexation Area will be in the 1st District. K. Hiring Plan This annexation is not anticipated to result in the elimination of jobs for employees of any other governmental entities. The German Township Trustee has been notified of this proposed annexation. Resurrection Lutheran Annexation Area 6 SECTION III. MUNICIPAL SERVICES A. Public Works Sewer- A 36"-diameter sanitary sewer runs along Nimtz Parkway, while a 12"-diameter sanitary sewer runs along Olive Road. Sanitary sewers discharge to a lift station on Nimtz Parkway. Resurrection Lutheran Academy is already connected to the sewer, so the annexation is not expected to impact capacity. Development of the site requires City approval of a drainage plan that meets the City's requirement to store on site all runoff from developed areas. Connection to the City storm sewer is not permitted. Water-The South Bend Water Works currently has a 16" water main on Olive Road and a 12" water main on Nimtz Parkway. This water main would provide sufficient capacity for the Annexation Area. Resurrection Lutheran Academy is already connected to City water. Extensions of or 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. Streets - All or most of the adjoining Nimtz Parkway and Olive Road rights-of-way are already within city limits. The property owner may need to provide sidewalks upon future development. Street Lighting- Nimtz Parkway has street lighting, and one streetlight on Olive Road is adjacent to the annexation area. Should any additional street lighting be necessary, it can be provided on wood poles with overhead wiring through an ongoing contract with Indiana Michigan Power. If the owner wishes to construct and dedicate additional street lighting, especially of a decorative nature or with underground wiring, the City may accept it for maintenance and operation, supported by property tax revenue. Waivers of Annexation - No waivers of right to remonstrate against annexation are in effect for this area. 2022 Actual Budget Report for the Department: Expenditures: 29,003,569 Miles of Roadway in City: @502 Cost per Mile: @$57,776 New Mileage within Area: @0.0 miles (0 feet) Estimated Maintenance Cost for Annexation Area per year: @$0 Resurrection Lutheran Annexation Area 7 B. Police Department The Annexation Area would be added to the existing Beat 22. 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 can be expected to be comparable with 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. 2022 Actual Budget Report for the Department: Expenditures (including pension cost): $48,612,569 Number of Households in City (2021): @42,707 Cost per Household: @$1,138 Number of Parcels in City (2023): @47,600 Cost per Parcel: @$1,021 Proposed Number of Households in Area: 0 Proposed Number of Parcels in Area:2 Cost for Annexation Area per year: 2,042 (2 parcels x $1,021/ parcel) Resurrection Lutheran 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 Fire Station #11, located at 3505 N. Bendix Drive, approximately 3.2 miles away. Additional Fire Department units would respond from Fire Station #7 at 1616 Portage Avenue, which is approximately 5.5 miles away, and Fire Station #4 at 220 N. Olive Street, which is approximately 5.6 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. 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. Fire coverage to this area could begin immediately upon annexation. Adequate water supply will be necessary as any development takes place. Emergency Medical Response - The City will provide emergency medical response to the Annexation Area. This area will be serviced by Medic #11, which is at Fire Station #11, located at 3505 N. Bendix Drive (approximately 3.2 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. 2022 Actual Budget Report for the Department: Expenditures (including pension cost): $41,394,980 Number of Households in City (2021): @42,707 Cost per Household: @$969 Number of Parcels in City (2023): @47,600 Cost per Parcel: @$870 Proposed Number of Households in Area: 0 Proposed Number of Parcels in Area:2 Cost for Annexation Area per year: 1,740 (2 parcels x$870/ parcel) Resurrection Lutheran Annexation Area 9 D. Neighborhood Services& Enforcement The Annexation Area will be added to Area 5. 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. 2022 Actual Budget Report for the Division: Expenditures: 7,323,118 Number of Parcels in City (2023): @47,600 Cost per Parcel: @$154 Proposed Number of Parcels in Area:2 Cost for Annexation Area per year: 308 (2 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 commercial or industrial customers are generally not served by the Bureau of Solid Waste. However, the Bureau of Solid Waste can provide service to small commercial customers at the prevailing rate at that time for a 96-gallon container with service beginning on the effective date of the annexation. 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 Benc 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. Resurrection Lutheran Annexation Area 10 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA This proposed annexation will add two vacant properties to the City of South Bend. The petitioner proposes to use the Annexation Area for an expansion of the parking area for the Resurrection Lutheran Academy, located on adjacent lots already within city limits. The Annexation Area is presently zoned A Agricultural District in unincorporated St. Joseph County. Light industrial uses zoned I Industrial District in the City are located to the north. To the east is wooded land zoned I Industrial District in the City. To the south is vacant land, also owned by the Michiana Lutheran Education Association, zoned S1 Suburban Neighborhood 1 in the City. To the west are vacant lots zoned S1 Suburban Neighborhood 1 in the City. The parcels in the annexation area are property remnants resulting from the expansion of the Nimtz Parkway-Olive Road intersection in the early 2000s. The petitioner proposes expanding the parking and landscaping area to the west of the existing Resurrection Lutheran Academy building and parking lot. Any improvements or future changes must meet the City's applicable building, zoning, and subdivision ordinances. Resurrection Lutheran 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 2022 payable 2023 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. Resurrection Lutheran 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 0 0 Police 0 2,042 10,210 Fire 0 1,740 8,700 Neighborhood 0 308 1,540 Services Approximate 5-Year Expenditures 20,450 Revenues Notes Total (Est.)5-Year Total Year 1 0 Year 2 0 Property Taxes Year 3 0 0 to City) Year 4 0 Year 5 0 MVH/LRSA Estimated at revenue 0 0 per mile of$30,210 Approximate 5-Year Revenues 0 While costs are calculated for the two parcels included in the annexation area, this estimate likely vastly overstates the cost to serve it. The parcels are anticipated to be incorporated into the existing Resurrection Lutheran Academy property, which is already in the city limits. The marginal cost to provide services to an expanded site should be negligible. Parcels within the annexation area are presently tax-exempt. Resurrection Lutheran Annexation Area 13 LEGAL DESCRIPTION Part of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, being more particularly described as follows: Starting at the Northwest corner of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East (being the intersection of the Cleveland Road/Nimtz Parkway and Olive Road centerlines); thence South 40 feet, more or less, to the South Right- of-Way Line of Nimtz Parkway extended; thence East 20 feet, more or less, to the Point of Beginning, which lies on the South Bend corporate limits; thence East 128.50 feet, more or less, along the South Right-of-Way Line of Nimtz Parkway to the north-south South Bend corporate limits; thence South 390.40 feet, more or less, along the north-south South Bend corporate limits to the east-west South Bend corporate limits; thence West 128.5 feet, more or less along the east-west South Bend corporate limits to the north-south South Bend corporate limits; thence North 390.4 feet along the north-south South Bend corporate limits to the Point of Beginning. Containing 1.15 acres, more or less. Resurrection Lutheran Annexation Area 14 MAP 1 Resurrection Lutheran Annexation Area I-1 J=IIA NORTH 0 250 Resurrection Lutheran Annexation Area Q City of South Bend Feet Prepared by City of South Bend Department of Community Investment January 20.2023 Filed in Clerk's Office MAR 2 9 ?Ofl L_ _ DAWN M.JONES CITY CLERK,SOUTH BEND, IN City of South Bend BOARD OF ZONING APPEALS April 4, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Use Variance at 751 Cottage Grove Ave. Dear Committee Chair Hamann: Filed in Clerk's Office I APR O ◄ 2023I DAWN M. JONES CITY CLERK, SOUTH BEND, IN Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your April 10, 2023, Council meeting and set it for public hearing at your May 8th, 2023 Council meeting. The petition is tentatively scheduled for public hearing at the May i st, 2023, 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 Use Variance to establish a large fruit and vegetable garden, in the Near Northwest Neighborhood of South Bend. 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. Rachel Boyles Zoning Specialist CC: County-City Building / 227 W. Jefferson I South Bend, IN 46601 / 574-235-7627 I www.southbendin.gov/zoning BILL NO. 17-23 Filed in Clerk's Office BILL NO. 17-23 APR 0 4 Z023 ORDINANCE NO. DAWN M.JONES CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 751 COTTAGE GROVE AVE STATEMENT OF PURPOSE AND INTENT A Use Variance to establish a large fruit and vegetable garden, in the Near Northwest Neighborhood of South Bend. Petitioners desire to seek a Use Variance for Urban Agricultural for property located at 751 Cottage Grove Ave. 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 36-7-4-605, requesting that a Use Variance be granted for property located at: 751 Cottage Grove Ave. South Bend, IN 46616. 018-1070-2991 In order to permit a Use Variance for Urban Agricultural SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The use and value of the area adjacent to the lot included in the variance will not be affected in a substantially adverse manner; 3. The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the lot for which the variances is sought; 4. The approval does not interfere substantially with the 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. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, 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 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office APR 0 4 2023 2 - DAWN M.JONES CITY CLERK,SOUTH BEND,IN City of South Bend BOARD OF ZONING APPEALS zortl Bend, IN endi c nirrg(z so.ithbc r;iiir-r.cloy RECEIVED MAR 3 1 2023 Petition for Variance - Special Exception Property Information Tax Key Number:71-08-02-407-023.000-026 Address: 751 Cottage Grove Owner: Sunchoke Farms, LLC Zoning: U1 Urban Neighborhood 1 - Project Summary: S —or' nvmv'Lif t,t+n rv allj r- Ve t, 1.onsu rsr\r4-i 0 n Requested Action Special Exception - complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Use Variance for Urban Agriculture Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale PAID Filing Fee Per 3OO 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: Communities that have and support urban agriculture benefit in many ways environmentally, economically and socially. By growing fruits and vegetables in urban areas, it places the food closer to the consumer and helps reduce the transport costs and carbon footprint. In my situation, urban agricultural is in a food desert where food insecurity is prevalent. 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: Integrating urban farming to an existing neighborhood creates value. Once unused or underutilized areas, these ground spaces now have the opportunity to become a green oasis, where fresh and healthy food grows. In addition to positioning cities and neighborhoods as innovative and sustainable, urban agriculture initiatives benefit not only the occupants of these neighborhoods, but the whole society. 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: No permanent changes to the property will take place by using the property for urban agriculture. 4)The variance granted is the minimum necessary, because: The city of South Bend has not yet approved Urban Agriculture Zoning Ordinances. 5) The variance does not correct a hardship caused by a former or current owner of the property, because: not applicable Contact Information Property owner(s) of the petition site: Name: Sunchoke Farms, LLC Address: 824 Lindsey St. South Bend, IN 46616 Name: Address: Name: Address: Contact Person: Name: Susan Greutman Address: 824 Lindsey St. South Bend, IN 46616 Phone Number: 574-367-0050 luczek4him@hotmail.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: IIS Elkhart & St. Joseph Counties, IN Sign in i 1111111 t r I 1 '' e'7•7 .. a ice a2• 1. I_ Ir 1 sir- 2Illbi*L__ 4; it A.4„._ .. .it - 4 6. I lit I •. N-LiM....-f I ..i 1 III t ill INIIIIIMOL- 1 - _ .2 s 1 le,c.‘ r.,__.:___,,, IL,oti ms / lel 4..\‘..... C Yw 41- - _. L. 1 i L li rill. ,_ , . Filed +r Clerk's Office I APR 0 4 Z023 f DAWN M.JONES CITY CLERK,SOUTH BEND, IN City of South Bend BOARD OF ZONING APPEALS April 4, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Use Variance at 630 and 632 Harrison St. Dear Committee Chair Hamann: Filed in Clerk's Office I APR O 4 2023 I DAWN M. JONES CITY CLERK, SOUTH BEND, IN Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your April 10, 2023, Council meeting and set it for public hearing at your May 8th, 2023 Council meeting. The petition is tentatively scheduled for public hearing at the May l 5t, 2023, 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 Use Variance to establish a large fruit and vegetable garden, in the Near Northwest Neighborhood of South Bend. 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. Rachel Boyles Zoning Specialist CC: County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning BILL NO. 18-23 Filed in Clerk's Office BILL NO. 18-23 APR 0 4 2023 ORDINANCE NO. DAWN M.JONES CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 630 AND 632 HARRISON ST. STATEMENT OF PURPOSE AND INTENT A Use Variance to establish a large fruit and vegetable garden, in the Near Northwest Neighborhood of South Bend. Petitioners desire to seek a Use Variance for Urban Agricultural for property located at 630 and 632 Harrison St. 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 36-7-4-605, requesting that a Use Variance be granted for property located at: 630 and 632 Harrison St. South Bend, IN 46616. 018-018-1068-2895. 018-1068-2894. In order to permit a Use Variance for Urban Agricultural SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The use and value of the area adjacent to the lot included in the variance will not be affected in a substantially adverse manner; 3. The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the lot for which the variances is sought; 4. The approval does not interfere substantially with the 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. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, 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 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office APR 0 4 2023 DAWN-M.JONES CITY CLERK,SOUTH BEND, IN 2 - City of South Bend BOARD OF ZONING APPEALS t1H iV D 'MAR 311023 Petition for Variance - Special Exception Property Information Tax Key Number:71-08-02-452-002.000-026 Address: 632 Harrison Owner: Civil City of South Bend Zoning: U2 Urban Neighborhood 2 Project Summary: Requested Action Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Use Variance for Urban Agriculture 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: Communities that have and support urban agriculture benefit in many ways environmentally, economically and socially. By growing fruits and vegetables in urban areas, it places the food closer to the consumer and helps reduce the transport costs and carbon footprint. In my situation, urban agricultural is in a food desert where food insecurity is prevalent. 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: Integrating urban farming to an existing neighborhood creates value. Once unused or underutilized areas, these ground spaces now have the opportunity to become a green oasis, where fresh and healthy food grows. In addition to positioning cities and neighborhoods as innovative and sustainable, urban agriculture initiatives benefit not only the occupants of these neighborhoods, but the whole society. 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: No permanent changes to the property will take place by using the property for urban agriculture. 4)The variance granted is the minimum necessary, because: The city of South Bend has not yet approved Urban Agriculture Zoning Ordinances. 5)The variance does not correct a hardship caused by a former or current owner of the property, because: not applicable Contact Information Property owner(s) of the petition site: Name: Civil City of South Bend Address: Name: Address: Name: Address: Contact Person: Name: Susan Greutman Address: 824 Lindsey St. South Bend, IN 46616 Phone Number: 574-367-0050 luczek4him@hotmail.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 of South Bend BOARD OF ZONING APPEALS 7oninciPsouthl,cri•.-irir.; . : RECEIVED MAR 3 1 2023 Petition for Variance - Special Exception Property Information Tax Key Number: 71-08-02-452-003.000-026 Address. 630 Harrison Owner: Civil City of South Bend Zoning: U2 Urban Neighborhood 2 Project Summary: Requested Action Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Use Variance for Urban Agriculture Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale 111 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: Communities that have and support urban agriculture benefit in many ways environmentally, economically and socially. By growing fruits and vegetables in urban areas, it places the food closer to the consumer and helps reduce the transport costs and carbon footprint. In my situation, urban agricultural is in a food desert where food insecurity is prevalent. 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: Integrating urban farming to an existing neighborhood creates value. Once unused or underutilized areas, these ground spaces now have the opportunity to become a green oasis, where fresh and healthy food grows. In addition to positioning cities and neighborhoods as innovative and sustainable, urban agriculture initiatives benefit not only the occupants of these neighborhoods, but the whole society. 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: No permanent changes to the property will take place by using the property for urban agriculture. 4) The variance granted is the minimum necessary, because: The city of South Bend has not yet approved Urban Agriculture Zoning Ordinances. 5) The variance does not correct a hardship caused by a former or current owner of the property, because: not applicable Contact Information Property owner(s) of the petition site: Name: Civil City of South Bend Address: Name: Address: Name: Address: Contact Person: Name: Susan Greutman Address: 824 Lindsey St. South Bend, IN 46616 Phone Number: 574-367-0050 luczek4him@hotmail.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: ij ..t .4••••. ..5ieg-'•'4, , 1:14, Z * e of' • ''","..:1),-. .1. } -.,-- *.-'ict.'• ••'• : •;•'L-", 1 . at - - - ., - - A- wret! $ ••' 1 . .s. .... -4_ 4-...• b:: • tf,•''-. 4.-: ..... '.. tit.4.- 7-.. k 4044:4. - ?- • IIIEp,.t •4uH.__ ,. ,p4 P,`• r-r-i4 ',..,.,,,.-..,-.,.. ---- •' etP24......— ;/' ....e, c.now,A..,x,,i oi,, •r e,,..04,,,,- .157kavernminm.....mmi _ . t'• 'a.) i P - ,:,4.4 ' 1 7 r—P- I i. 1 111 4P- -- .• I LP) r.. C..3%. ip n ID i, i 1:::5 rilgimilmitmolir I' l Th i E.,, •., AL.:.. c) IIdie . • ide: 0.. • 1 ''T) I_ - k../.1 el A ..,, 4- g % 101 1.. ,. Of N r••••... , 1 ill f IL ' . _ 2; 4.,.. 4.,/ 'F ..i. 17„ 1 ... . . I A -0.1' - 40.41.- l•.4--4t-„ 1 VI 0.CD a) s 1 9_ 1, 14 1• *P:,•••; VO'il,- ,--. .... II`'i ?. ' I. 011111161T:::• i. •i 4.,.. .,A. 4 ti. • •/ AliP..A i i .•, r:-- .4,44: 71'''' 7 • Adak r i , • . 211111111Mial 411111111W ' 2rIc :;,•4‘-...), 14.41m1 i tr- 1 1 . i-/ 4.., ,, i' 15,7'. W I 4 .... . 2,, s— .. , : 4.:. kil A':., !rip' -_ v„ 1 E, 7,1:- - •444 a , 4., k, r. L I. J,Aii •.•. GJS Elkhart & St. Joseph Counties, IN Search... 1 1 ;f, . 1.1. 1. 171141:12. P- T.,,,,,, Sign in 1-- irwit vir_z 1—--ow 1 . •"1"Mil."14.1.3"°"" T - 7-7- i 4 ''--414' 4 %-..... r ' N. r padimit liiiiihi„, aac-v.t S. r. 074-3127 v4.- t. ,• , • _ 2- 4.--.2,,,. l • .•--' S".••• ' 018-1 141 misiam. I.•••. $ i 11 4 2 N.' r„ T-$ •l t if. 1 A. 4 r "''.1. c... N''.t. 1111111a'''''. 01.Slit. 1 i 711.1.117.111111"6:-' li.- 4 4 t•q 1. 2-4-,._ I.116% . -; •--„,, is ., ..,,, 4. 1. C,..-2 i•... . 4%... Z.'N,,aik..... A. . ,. , -'izt• - F • MOON e. IT/tr.a. 1 r,,... .'" e"s "qr.-, 4 WARP L -V-- i - -"' .A 1"1 plr:.. C. • , 1- 1 ' 1441kAi 11 4 - i lt, x t 4. lit I - '''"'.....• Filed in Clerk's Office WE I 2019 Aena... 1 I 0 10 2C m APR 0 4 2023 i DAWN M.JONES CITY CLERK,SOUTH BEND, IN City of South Bend BOARD OF ZONING APPEALS April 4, 2023 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 506 N Olive St. Dear Committee Chair Hamann: Filed in Clerk's Office I APR O 4 2023 I DAWN M. JONES CITY CLERK, SOUTH BEND, IN Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your April 10th, 2023, Council meeting and set it for public hearing at your May 8th, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the May 1, 2023, 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: To allow for an automotive repair shop. 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, �� Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning BILL NO. 19-23 City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov RECEIVED MAR 3 1 2023 Petition for Variance - Special Exception Property Information 50G Tax Key Number: G 'aU ` Q9 77 Address: MARCC i c4 -- Scr, j 1P 1. J Owner: 'l 14 hli.1 !lams- Zoning: l6SYS' Zoning: Choose the current district 1\1C Project Summary: A- 1par Requested Action pecial Exception — comp! to and attach Criteria for Decision Making Use requested: /MO n,)1 S rVariance(s) - List variances below, coete and attach Criteria for Decision Making Variance(s) requested: 61/ 06-(4 P 'A I D MAR 3 1 2013 Per_21L, Required Documents 35c) Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale 0 Filing Fee i14, !' :T,v i it 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: 1 iv e d 4-0)1 IX-6 r`?` 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: I PO IV 6 OP9041k Vt) AVa • v' 141"`f y, ars ` 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: j 5 Si l6 buSSInQ55-6bi,i (ie5s11(q in - iQ Gved . 4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: N0 5 f-c. v evi'l°' " lun 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: II)151-1) (6 I(y U.5-xi y a a'P ? r 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: A ! o 1/to6 a e l dyoC-/5 o 71--e-?0 t/1( h r h ac 7L/s b(Pp-i 4142 0 )7 bj r flo od [Y 14441N/ 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: W e L5l have YPCvns'cc- i Q Gt g)v tt1/4- rao-' 90(ces. 4) The variance granted is the minimum necessary, because: t Cci 1 UlAun Pc. sr5P 5) The variance does not correct a hardship caused by a former or current owner of the property, because: hee, , s a Y ore{ 5 t° Contact Information Property owner(s) of the petition site: Name: Ej(4 4 :i)) ?'r Address: ii;i 6 (141+0-r c'1 Pr. 60,k) ,-\ted Jti(. 46.4031 Name: Address: Name: Address: Contact Person: ++ 11Name: / 1a W;/ 1(0,:;C/evi l (feKck„,,4-) Address: 1 ggCi f S' a U I 3 49 '15'c oC-1.44 56' k,d-f ) T-,vt.6(4)--? \ TY(2kci 1-/-6.(017 Phone Number: 541 -3ql40N1 f c( — 66 r,110 E-mail: 44 kit. 11.)60"'‘T 6-3 /l/ouQ. X601 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: p,,,. 2 iJ fir 6 db. l'' a,_ L. M I Filed in Clerk's Office I APR 0 4 ZUZ3 DAWN M,JONES CITY CLERK,SOUTH BEND,IN Sharon L. McBride President Sheila iezgodski Vice-President Canneth Lee Chairperson, Committee of the Whole Canneth Lee First District Henry Davis, Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Eli Wax Fifth District Sheila iezgodski Sixth District Karen L. White At Large Rachel Tomas Morgan At Large Lori K. Hamann At Large City of South Bend (574)235-9321 Fax (574) 235-9173 Common Council TDD(574)235-5561 ,-,---�:/ I www.southbendin.gov441 County-Oty Building • 227 W. Jefferson Bl Filed in Clerk's OfficeSouth Bend, Indiana 46601 April 4, 2023 South Bend Common Council 4 th Floor, County-City Building South Bend, IN 46601 APR O � 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN RE: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY RESCINDING AND REPLACING ARTICLE 14 TITLED RENTAL SAFETY VERIFICATION PROGRAM Dear Council Members: On February 25, 2019, the rental safety verification program (RSVP) was established to ensure safe, decent, quality residential rental units by requiring minimum property standards, and to ensure the health, safety, and welfare of tenants. On October 15, 2019, RSVP was amended to revise Sec. 6-86(t) for an update to the City of South Bend accounting fund where RSVP penalties and fees are deposited. At this time, it is necessary to clarify and to improve the efficiency of the program by rescinding and replacing Chapter 6, Article 14 of the South Bend Municipal Code. Among the specific changes to the existing ordinance are the following: 1.textual language clarification for better understanding and ease of use; 2.clearer definition of the process to ensure that it matches actual implementation including compliance with state law; 3.references to and clarification of building and other standards to be used for inspections; 4.adding to and improving the definitions; and 5.revision of the City's organizational structure of RSVP within the reorganized Department of Community of Investment. It is in the best interest of the City and its residents that this ordinance be adopted. BILL NO. 20-23 T" Cityof South Bend 574)235-9321 1 .Fax(574)235-9173 fv PEACE a= TDD 235-5567CommonCouncilhttp://www.southbendin.gov 441 County-City Building • 227 W.Jefferson Blvd I! South Bend,Indiana 46601 1865 a'' I request that this proposed amendment be included on the full Council agenda for first reading and assignment to the Health and Public Safety Standing Committee on April 10, 2023 to be followed by second and third readings and public hearing on April 24, 2023. Thank you for your consideration. Sincerely yours, 114.,‘zitima; Sheila Niezgodski, Vice-President South Bend Common Council Filed in Clerk's Office APR 0 5 2023 1 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Filed in Clerk's Office BILL NO. 20-23 APR 0 5 2023 DAWN M.JONES ORDINANCE NO.CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY RESCINDING AND REPLACING ARTICLE 14 TITLED RENTAL SAFETY VERIFICATION PROGRAM STATEMENT OF PURPOSE AND INTENT On February 25, 2019, the rental safety verification program (RSVP) was established by this Council's adoption of Ordinance No. 10644-19 to ensure safe, decent, quality residential rental units by requiring minimum property standards, and to ensure the health, safety, and welfare of tenants. On October 15, 2019, RSVP was amended by Ordinance No. 10686-19 to revise Sec.6-86(f)for an update to the City of South Bend accounting fund where RSVP penalties and fees are deposited. At this time, it is necessary to clarify and to improve efficiency of the program by rescinding and replacing Chapter 6, Article 14 of the South Bend Municipal Code. Among the specific changes to the existing ordinance are the following: 1. textual language clarification for better understanding and ease of use; 2. clearer definition of the process to ensure that it matches actual implementation including compliance with state law; 3.references to and clarification of building and other standards to be used for inspections; 4. adding to and improving the definitions; and 5. revision of the City's organizational structure of RSVP within the reorganized Department of Community of Investment. It is in the best interest of the City and its residents that this ordinance be adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I.Chapter 6 of the South Bend Municipal Code shall be and hereby is amended by rescinding the existent version of Article 14 of that Chapter and replacing it with a new Article 14 that shall read in its entirety as follows: ARTICLE 14. Rental Safety Verification Program Sec. 6-79. General Concept and Purpose of Rental Inspections. a) The Rental Safety Verification Program(RSVP)is designed to ensure that City of South Bend rental units meet minimum property standards based on the International Property Maintenance Code and Indiana State Code IC 22-11-18, as defined by the RSVP Inspection Standards established by the Department and as amended from time to time, which are incorporated into this Article 14 by reference and without formal citation. This program authorizes the inspection of rental units that are intended to be occupied or are occupied by anyone other than the owner. A copy of the RSVP Inspection Standards will be available for inspection in the Department's Neighborhoods Office. After the rental unit has passed Inspection and is compliant with the provisions ofthis Article an Inspection Certificate shall be issued by the Department. b) The purpose of the Inspection, Inspection Report, and Inspection Certificate issued to the owner is to verify that the rental unit is safe and habitable for occupancy with respect to: electrical supply and electrical systems; plumbing and plumbing supply; water supply, including hot water; heating, ventilation, and air conditioning equipment and systems; bathroom and toilet facilities; doors, windows, stairways, and hallways; functioning smoke detectors; and the structure in which a rental unit is located. c) This Article shall be liberally construed and applied to promote its purpose and intent. Sec. 6-80. Defmitions. a) Authorized individual means someone authorized or designated by the owner to provide access to a rental unit. b) Certification Period means the period between the issuance and expiration of an Inspection Certificate as may be determined under the provisions of this Article. c) City means the City of South Bend, Indiana. d) Condemn or condemned means to adjudge unfit for occupancy or use. e) Contract of Sale means land contract sales or purchases. f) Department means the City of South Bend Department of Community Investment or its designee. g) Dwelling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. h) Egress means a place or means of going out or exiting. i) Habitable space means the space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, attics and basements and similar areas are not considered habitable spaces. Finished basements are not considered habitable spaces unless proper egress requirements are met. j) Housing Cooperatives or housing co-ops means a type of residential housing whereby a corporation owns the housing structure with individual units for living and to occupy a unit a person must buy shares or a membership of the corporation. k) Immediate family member means an individual that is related to a person as follows, parent; sibling; child by blood, adoption, or marriage; spouse; grandparent or grandchild. 1) Indiana Unsafe Building Law means Indiana Code,Title 36, Article 7, Chapter 9, as it may be amended from time to time. m) Inspection means an Inspector conducting a visual examination of a rental unit, including all its major systems, to verify existence of, and list repairs or improvements necessary to meet minimum property standards as defined by the RSVP Inspection Standards. n) Inspection Certificate means an official document issued by the Department, after all fees and penalties due, if any, under this Article are paid, that acknowledges the rental unit has passed the Inspection and is compliant with the provisions of this Article. o) Inspection Report means a written record that an Inspector prepares after conducting a visual examination of a rental unit, including all its major systems, to verify existence of, and list repairs or improvements necessary to meet minimum property standards as defined by the RSVP Inspection Standard. p) Inspector means an employee of the Department who is charged with the administration and enforcement of this Article. q) International Property Maintenance Code(IPMC)means a model code, as amended from time to time, that regulates the minimum maintenance requirements for existing buildings. The IPMC is a maintenance document intended to establish minimum maintenance standards, such as for basic equipment, light, ventilation, plumbing, mechanical, heating, sanitation, and fire safety. r) Occupancy means the purpose for which a building or portion thereof is utilized or occupied. s) Operator means any person who has charge, care or control of a structure or rental unit which is let or offered for occupancy. t) Owner means any person, and the person's property manager, operator, designated representative or authorized agent, having legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control over decisions on the use and condition of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person. u) Owner of Record means any person who holds any fee interest, life estate interest, equitable interest in a contract of sale or other legal interest and whose identity, including address, can be determined from an instrument recorded in the recorder's office of the county where the rental unit is located; or, written information or actual knowledge received by the Department; or a review of Department records that is sufficient to identify information that is reasonably ascertainable. v) Person means an individual, corporation,partnership or association,or any other group acting as a unit, and includes a government, governmental subdivision or agency, business trust, estate, trust, two or more people having a joint or common interest, and any other legal or commercial entity. w)Premises means a lot, plot or parcel of land, easement or public way, including any structures thereon. x) Private Inspector means, for purposes of Indiana Code 36-1-20-4.1(c)(2)(B)(iii), an inspector of rental units who satisfies the following qualifications prescribed by the City:must be a State of Indiana Licensed Home Inspector. y) Private Inspection means an inspection conducted for the purpose of meeting the exemption requirements under Indiana Code 36-1-20-4.1(c). z) Property Manager means a person who manages land or buildings as a business including keeping buildings in good condition and renting property. aa) Re-Inspection means after the initial inspection a follow up inspection or assessment of a rental unit to confirm the unit meets RSVP Inspection Standards. bb)Rental Safety Verification Program Warrant (RSVP Warrant) means a court authorization to enter a rental unit to conduct an inspection and complete an Inspection Report if the owner, tenant or others in possession of a rental unit decline consent to an Inspection. cc) Rental unit as used in this Article,means one(1)or more dwelling units in a structure intended to be occupied or is occupied as a home, residence or habitable space by anyone other than the owner and may include a tenancy agreement or lease. dd)Rental unit community means one(1) or more parcels of contiguous real property upon which are located in one (1) or more structures containing rental units, if the combined total of all rental units in all of the structures is five (5) or more rental units and the rental units are not occupied solely by the owner or owner's family. ee) RSVP Inspection Standards means the minimum property standards a rental unit must comply with based on the International Property Maintenance Code, as modified for smoke detectors, defective paint surfaces, and buildings with two (2) or more dwelling units pursuant to Sec. 6- 81(b) of this Article and established by the Department as amended from time to time. ff)Special Project(s)means a dedicated and active plan to improve the physical condition of rental units independent of RSVP but engages a unique partnership between the owner and the City due to the shared goals or interests for the welfare and benefit of the community, such as redevelopment, funding sources and adequate housing or rental stock, and the complexity and extent of the improvement plan. gg)Short term rental means the rental of a single-family home, a dwelling unit in a single-family home, a dwelling unit in a two-family or multifamily dwelling, or a dwelling unit in a condominium, cooperative, or time share for terms of less than thirty (30) days at a time through a short-term rental platform. The term includes a detached accessory structure, including a guest house, or other living quarters that are intended for human habitation, if the entire property is designated for a single-family residential use. The term does not include property that is used for any nonresidential use. hh)Structure means that which is built or constructed or a portion thereof. ii) Tenancy Agreement means all agreements, written, oral or implied, and valid rules and regulations embodying the terms and conditions concerning the use and occupancy of a rental unit. jj) Tenant means someone who lives in a place owned by someone else, usually paying rent. Sec. 6-81. Compliance required. a) No person shall maintain, or allow occupancy of, a rental unit in the City that fails to meet the RSVP Inspection Standards enforced by this Article. Failure to comply with the RSVP Inspection Standards is a violation of this Article. Any structure converted into a rental unit is encouraged to have an Inspection completed and receive an Inspection Certificate before occupancy. b) This program is designed to ensure rental units in the City meet the minimum property standards as defined by the RSVP Inspection Standards established by the Department as amended from time to time, based on the International Property Maintenance Code, with the following modifications: 1) Indiana Code § 22-11-18 minimum standards will apply to smoke detectors which conform to the minimum standards for type, components, and maintenance prescribed by the National Fire Protection Association. 2) If based on the RSVP Inspection Standards, defective paint surfaces are identified in a rental unit built before 1978, owners must complete the repairs to such surfaces using lead safe practices in accordance with all applicable federal and state laws and related agency rules and regulations and submit to the Department lawful proof of compliance before being issued an Inspection Certificate. Examples of lead safe practices can be found in Indiana Administrative Code 410 IAC 32 and U.S. Code of Federal Regulations 40 CFR 745. 3) For purposes of enforcement of this Article, RSVP Inspection Standards for buildings with more than two (2) dwelling units will be established following International Residential Code standards. c) The provisions in this Article shall not be construed to prevent the enforcement of other ordinances or regulations which prescribe stricter standards and/or additional requirements than are provided herein. d) This Article applies to rental units located within the City,but shall not apply to the following occupancy arrangements unless such arrangements are created to avoid the application of this Article: 1) Occupancy by the purchaser of a structure with one(1)or more dwelling units under a recorded contract of sale. 2) Short term rental. 3) Owners who occupy the premises and rent to no more than two unrelated tenants. 4) Housing cooperatives, also known as housing co-ops. 5) Occupancy by immediate family member(s) of the owner. e) A rental unit may be exempt from this Article as follows: 1) Rental units built as new construction, for ten (10) years after the rental unit construction is completed. The owner of such rental unit must submit to the Department the required information to prove the new construction date of the rental unit; and 2) Rental units inspected by a State of Indiana licensed home inspector pursuant to a completed real estate sales transaction, for three (3) years from the date of the inspection. The purchaser of the rental unit must submit to the Department the required information to prove the validity of the inspection meeting the minimum standards of this Article. 3) If the Department has reason to believe, or receives a complaint, that the rental unit does not comply with RSVP Inspection Standards, then a new Inspection of the rental unit may be performed. f) An owner that believes RSVP does not apply to their rental unit must submit documentation that the rental unit meets Sec. 6-81(e) or Sec. 6-81(f) of this Article to the Department for review and determination. Necessary documentation must be submitted to the Department on or before the due date established by the Department. Failure to do so may result in fees and/or penalties under this Article. g) This Article applies to governmental or public agencies acting as landlords. If the federal or state subsidized, or owned rental units are regularly inspected by a government entity and verification of housing conditions meeting the standards of this Article are delivered to the Department as requested, then such rental units may qualify for an exemption as provided in sub-section 6-82(n). h) An owner shall not allow a rental unit to be occupied that has been issued a vacate and seal order by the Department or is condemned by any agency that has the authority to condemn. i) This Article applies to rental units that have been issued an exemption or an Inspection Certificate. If the Department has reason to believe, or receives a complaint, that the rental unit does not comply with RSVP Inspection Standards, then a new Inspection of the rental unit may be performed. Sec. 6-82. Inspection of rental units. a) Unless sub-section 6-82 (n)below is applicable, rental units covered by Secs. 6-79 and 6- 81 within the City may be inspected by the Department. b) The Certification Period will be one, two or five years. Thereafter, the Certification Periods are subject to adjustment as established and published by the Department pursuant to Sec. 6-87. c) The Certification and Certification Period process is as follows: Inspection Certification Path Initial Inspection—Passes Rental unit meets RSVP Inspection Standards at the time of the initial inspection. Single-family property or duplex will be issued a five-year inspection certificate. Multi-family property will be issued a five-year inspection certificate. First Reinspection If a unit fails its initial inspection, reinspection(s) must be conducted,and RSVP compliance achieved,no later than sixty(60) days from the initial inspection. Critical violations must be addressed within 10 days and all other violations must be addressed within 60 days of the initial inspection. Any new violations identified during reinspection(s) must be addressed in no more than 30 days from the inspection date when they were identified or within sixty (60) days of the initial inspection, whichever date is later. If the new violation is a critical violation, it must be addressed in no more than 10 days from the inspection date when it was identified. No fees are imposed for the first reinspection. Single-family property or duplex in compliance with RSVP at the time of the first reinspection will result in a five-year inspection certificate. Multi-family property in compliance with RSVP at the time of the first reinspection will result in a five-year inspection certificate. Additional Reinspection(s) Reinspection(s) must be conducted, and RSVP compliance achieved, no more than sixty(60) days from the initial inspection. Critical violations must be addressed within 10 days and all other violations must be addressed within 60 days of the initial inspection. Any new violations identified during reinspection(s) will be given a deadline of no more than 30 days from the inspection date when they were identified or within sixty (60) days of the initial inspection, whichever date is later. If the new violation is a critical violation, it must be addressed in no more than 10 days from the inspection date when it was identified. Failure to address violations within the specified timeframe may result in penalties and fees Units that require inspection(s)beyond the initial inspection and first reinspection are subject to an inspection fee. See Penalties and Fees section in this Article. Single-family property or duplex upon passage based on a reinspection that occurred after the initial and first reinspection will result in a one-year inspection certificate. Multi-family property upon passage based on a reinspection that occurred after the initial and first reinspection will result in a two-year inspection certificate. Failure to comply If the owner fails to schedule an RSVP inspection, no reinspection is performed, or a unit fails to meet RSVP standards and requirements within the specified timeframe,then the unit is not in compliance. Non-compliant units are subject to penalties and fees and the property may be subject to further enforcement as allowed by law, including the Indiana Unsafe Building Law. Compliance Deadline Critical violations must be addressed within 10 days and all other violations must be addressed within 60 days of the initial inspection. Any new violations identified during reinspection(s) will be given a deadline of no more than 30 days from the inspection date when they were identified or within sixty(60)days of the initial inspection, whichever date is later. If the new violation is a critical violation, it must be addressed in no more than 10 days from the inspection date when it was identified. The violations identified during prior inspection(s) will not receive a repair deadline extension. An extension to a repair deadline can be considered on a case- by-case basis with proper documentation as determined by the Department. d) If a rental unit community has five (5) or fewer rental units, the Department will inspect every rental unit. Rental unit communities with six (6) or more rental units will have at least 20%of the rental units randomly sampled by the Department to inspect and then use those findings to extrapolate the overall quality and condition of the rental units therein. 1) If the findings extrapolated indicate the overall substandard conditions of the rental units or such violations that could affect other rental units, the Department may complete Inspections of additional rental units,up to and including all rental units, as deemed necessary. e) In addition to repairs listed in the Inspection Report, to receive the Inspection Certificate, the owner shall repair pre-existing substandard housing violations that are active with the Department to meet minimum standards under this Article. f) A deadline extension may be granted if a rental unit has all repairs completed excepting either exterior items that cannot be competed due to the weather conditions or repairs that cannot be completed due to unforeseen conditions, as approved by the Department. Documentation indicating timely completion will occur must be provided to the Department for review and determination.A reinspection is needed to confirm compliance prior to the issuance of an Inspection Certificate. g) The Department reserves the right to conduct a reinspection of any rental unit and may adjust the certification period based upon the results of the reinspection. h) The Department may consider documentation submitted by the owner as sufficient proof of compliance on minor violations at the discretion of the Department. The Department will keep a record of any documentation submitted. i) Should the rental unit fail to achieve an Inspection Certificate,the Department may impose penalties,and the rental unit and the owner of record may be subject to further enforcement as allowed by law,including the Indiana Unsafe Building Law,but with all due process or appeal rights as afforded thereunder. The Department may identify the rental unit as Rental unit is not in compliance with the Rental Safety Verification Program(RSVP)and does not have an inspection certificate." j) An Inspection Report and Inspection Certificate shall be issued to the owner for each rental unit upon which an inspection is performed within ten (10) business days from the date the Inspection is completed and from the date the Inspection Certificate is issued, unless notified by the Department that additional time is needed. k) An Inspection may be conducted based upon owner voluntary compliance, a complaint, the Department's reasonable belief that the unit is out of compliance with, or in violation of, RSVP Inspection Standards, or the Department ensuring compliance with this Article based on strategic criteria. 1) If the Department has reason to believe that the rental unit no longer complies with the RSVP Inspection Standards or determines that the condition of the rental unit has deteriorated since the issuance of an Inspection Certificate, then a new Inspection of the entire rental unit may be performed. 1) Upon completion, a new Inspection Report and, if appropriate, Inspection Certificate, as approved by the Department, shall be issued to the owner. m) The following procedures shall be used to obtain entry to rental units for completing an Inspection: 1) When the Department has reason to believe that the rental unit does not comply with RSVP Inspection Standards, including observing a violation or receiving a complaint, it may initiate the inspection process. a. Whenever an Inspection is required,the Department will send a first-class letter to the owner to initiate the process for completing the Inspection. b. The owner shall communicate with the Department and make reasonable arrangements for a date and time to complete the Inspection process. c. An authorized individual must be present at the Inspection to provide the Inspector with access to the rental unit and any essential functions of the rental unit, such as mechanical equipment, if located outside of the rental unit. The owner may be present at the time the Inspector conducts the Inspection. d. Should the owner or tenant take action(s) that prevents the Inspection from occurring during the scheduled date and time, the owner is responsible for rescheduling the Inspection. There may be a $100.00 fee for each rental unit for the failure to meet the Inspector for a scheduled inspection. e. Should the owner fail to schedule a date and time to complete the Inspection and inform the Department per sub-section (b) above, the Department may send a first-class letter to the owner of record explaining the failure to comply and the possible consequences, such as penalties and a RSVP warrant, for such failure if not cured within the time prescribed. f. If the owner does not comply with scheduling a date and time to complete the Inspection or does not have the Inspection performed until after the time allowed in sub-section (e) above, the Department may issue penalties under this Article. g. The Department may identify the rental unit as "Rental unit is not in compliance with the Rental Safety Verification Program (RSVP) requirements and does not have an inspection certificate". h. Should the owner continue to fail to schedule a date and time to complete the Inspection the Department may send a Pt class and certified letter to the owner of record, or provide notice by publication, explaining the failure to comply and the consequences, such as penalties and a RSVP warrant, for such failure if not cured within the time prescribed. i. If the owner or tenant refuses to allow entry or schedule arrangements to complete the Inspection the Department may obtain a RSVP warrant from any court of competent jurisdiction. 2) If the tenant contacts the Department to request an RSVP Inspection, the Department may initiate the inspection process. a. The tenant(s) may schedule a date and time to complete the Inspection. The Department is not required to provide notification of the Inspection to the owner. b. Should the tenant(s) take action(s) that prevent the Inspection from occurring during the scheduled date and time,the tenant(s) is responsible for rescheduling the Inspection. c. Failure to reschedule the Inspection or communicate with the Department will result in no Inspection occurring. However, should the Department have reason to believe that the rental unit does not comply with RSVP Inspection Standards, the Department may proceed under 6-82(m)(1) of this Article. 3) If the owner contacts the Department to request an RSVP Inspection, the Department may initiate the inspection process. a. The owner shall communicate with the Department and make reasonable arrangements for a date and time to complete the Inspection. b. An authorized individual must be present at the Inspection to provide the Inspector with access to the rental unit and any essential functions of the rental unit, such as mechanical equipment, if located outside of the rental unit. The owner may be present at the time the Inspector conducts the Inspection. c. Should the owner or tenant take action(s) that prevents the Inspection from occurring during the scheduled date and time, the owner is responsible for rescheduling the Inspection. There may be a $100.00 fee for each rental unit for the failure to meet the Inspector for a scheduled inspection. d. Failure to reschedule the Inspection or communicate with the Department will result in no Inspection occurring. However, should the Department have reason to believe that the rental unit does not comply with RSVP Inspection Standards, the Department may proceed under 6-82(m)(1) of this Article. 4) Should the Department proceed with ensuring compliance with this Article based on strategic criteria, such as geography or rental unit communities,the Department may initiate the inspection process. a. Whenever an Inspection is required, the Department will contact the owner to initiate the process for completing the Inspection. b. The owner shall communicate with the Department and make reasonable arrangements for a date and time to complete the Inspection. c. An authorized individual must be present at the Inspection to provide the Inspector with access to the rental unit and any essential functions of the rental unit, such as mechanical equipment, if located outside of the rental unit. The owner may be present at the time the Inspector conducts the Inspection. d. Should the owner or tenant take action(s) that prevents the Inspection from occurring during the scheduled date and time, the owner is responsible for rescheduling the Inspection. There may be a $100.00 fee for each rental unit for the failure to meet the Inspector for a scheduled inspection. e. Should the owner fail to schedule a date and time to complete the Inspection and inform the Department per sub-section (b) above, the Department may send a first-class letter to the owner of record explaining the failure to comply and the possible consequences, such as penalties and a RSVP warrant, for such failure if not cured within the time prescribed. f. If the owner does not comply with scheduling a date and time to complete the Inspection or does not have the Inspection performed until after the time allowed in sub-section (e) above, the Department may issue penalties under this Article. g. The Department may identify the rental unit as "Rental unit is not in compliance with the Rental Safety Verification Program (RSVP) requirements and does not have an inspection certificate". h. Should the owner continue to fail to schedule a date and time to complete the Inspection the Department may send a first-class and certified letter to the owner of record, or provide notice by publication, explaining the failure to comply and the consequences, such as penalties and a RSVP warrant, for such failure if not cured within the time prescribed. i. If the owner or tenant refuses to allow entry or schedule arrangements to complete the Inspection the Department may obtain a RSVP warrant from any court of competent jurisdiction. n) The City recognizes there may be Special Projects involving rental units. To provide a more efficient system towards RSVP certification regarding Special Projects involving rental units, and so that orderly inspection schedules can be made by City officials, the Department may coordinate a process for the improvement efforts and timeline with the Owner, memorialized in writing including by email, for the completion of the inspection and repairs of the rental units and the Special Project. o) Private Inspections completed as specified under Indiana Code§ 36-1-20-4.1(c)must meet all the requirements for an exemption to be approved by the Department. 1) An owner of a rental unit qualifying for an exemption described in Indiana Code § 36-1-20-4.1(c) must apply to the Department for that exemption. The exemption request may be denied if all qualifications of Indiana Code § 36-1-20-4.1(c) are not met. 2) The owner applying to the Department for approval of the exemption must submit a written inspection report that verifies the rental unit is safe and habitable, along with all other necessary proof of the exemption,to the Department on or before the due date established by the Department. Failure to do so may result in fees and/or penalties under this Article. 3) Pursuant to Indiana Code § 36-1-20-4.1(d), the Department may inspect a rental unit that meets the requirements for an exemption, or has been approved for an exemption,if the Department has reason to believe or receives a complaint that the rental unit does not comply with RSVP Inspection Standards. p) Inspection Report will be made available for the tenant who occupies the rental unit at the time of the inspection. Unless other arrangements are made with the Department, the Inspection Report may be sent to the tenant who occupies the rental unit upon request as approved by the Department. q) Stop Work Order. To further the purposes of Secs. 6-79 and 6-81, and in conjunction with Chapter 16, Article 8 of the South Bend Municipal Code, the Department may issue stop work orders. 1) Authority. Whenever any work regulated by this Article is being performed in a manner contrary to the provisions of this Article or in a dangerous or unsafe manner,the Department is authorized to issue a stop work order. 2) Issuance. A stop work order shall be in writing and shall be given to the owner or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. 3) Emergencies. Where an emergency exists that poses an immediate threat to life, health, or safety of persons or property, the Department shall not be required to give a written notice prior to stopping the work. 4) Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a penalty of not less than $500.00 dollars or more than $2,500.00 dollars per day. r) The owner is required to provide the Department with current contact information. 1) At the time the owner informs the Department of the arrangements made to complete the Inspection, the owner shall provide, or confirm with,the Department their name, telephone number, email address, and mailing address, as well as the name, telephone number, email address, and mailing address of the unit's property manager, if any. 2) Should the ownership or contact information related to a unit change, it is the responsibility of the owner to update official property records with St. Joseph County and to notify the Department. Sec. 6-83. Approved certification for rental. a) The Inspection Certificate will be issued after the rental unit passes Inspection and all fees and penalties due under this Article are paid. b) An Inspection Certificate will not be issued for a rental unit, and may be revoked, if: 1) a unit does not meet RSVP Inspection Standards, or 2) there are any fees or penalties due under this Article. c) Non-compliant units are subject to penalties and fees and the property may be subject to further enforcement as allowed by law, including the Indiana Unsafe Building Law. d) The Department encourages that the Inspection Certificate be placed in a conspicuous location, such as in the façade of the building facing a public street and containing a building entry, or in a conspicuous interior location. Sec. 6-84. Revocation of Inspection Certificate. a) Revocation of Inspection Certificate means the Department canceling an issued Inspection Certificate whenever it discovers that such certificate was issued in error or based on incorrect information or discovers other causes demonstrating a lack of compliance with the provisions of this Article. b) The Department may revoke an Inspection Certificate, by sending notice to the owner of record via first-class, or certified mail and publication if mail service is returned undeliverable, for causes such as: 1) The rental unit has deteriorated, does not meet RSVP Inspection Standards, and the owner is unresponsive or refuses to make repairs. 2) The rental unit has deteriorated significantly to the point of becoming condemned. 3) The Department has reason to believe, or receives a complaint, that the rental unit does not comply with RSVP Inspection Standards since the Inspection Certificate was issued and the owner is unresponsive or fails to have a new Inspection performed. 4) The owner supplied false information knowingly with intent to deceive or falsify a private inspection. 5) Since the Inspection Certificate was issued,the owner or tenant illegally converted space in the rental unit to increase the occupancy. 6) Since the last Inspection, the owner failed to correct violations within the time allowed. 7) The rental unit has been designated as a chronic problem property pursuant to the South Bend Municipal Code. Sec. 6-85. Transfer of Inspection Certificate. a) There is no fee for the initial inspection and the first reinspection. b) There may be a $100.00 fee for the second reinspection per rental unit and the fee of 200.00 for each reinspection per rental unit thereafter. c) There may be a$100.00 fee for each rental unit for the failure to meet the Inspector for a scheduled inspection. d) The owner of record will be notified by first-class mail before a penalty may be issued in accordance with Indiana Code 36-1-20-6. Penalties may be imposed as follows: 1) A$250.00 penalty per week for a rental unit that has not been inspected or certified. 2) A $300.00 penalty per week for a rental unit that has an expired certification, whether posted or not. 3) A $250.00 penalty for the removal of signage identifying the rental unit as not in compliance with the Rental Safety Verification Program (RSVP)may be imposed for each incident of removal. 4) A$500.00 penalty for the removal of a condemned notice from the rental unit may be imposed for each incident of removal. 5) A$500.00 penalty the first week of occupancy in a condemned structure. After the first week,the penalty doubles each week thereafter until a maximum of$7,500.00 per week. 6) A penalty of not less than $500.00 dollars or more than $2,500.00 dollars per day may be imposed for failure to comply with a stop work order. e) The fees and penalties imposed under this section shall be enforced through the City's Ordinance Violations Bureau as prescribed in Chapter 2, Article 19 of the South Bend Municipal Code, with all due process or appeal rights as afforded thereunder, and do not prohibit or restrict the enforcement for violations under other applicable ordinances, state or federal laws. 0 Penalties and fees received from the Rental Safety Verification Program shall be deposited into the Rental Units Regulation Fund, Fund No. 221, as that fund is further detailed in Chapter 2, Article 14, Section 2-169.5. 1) Acts of God or other conditions beyond the control of the property owner or caused by the tenant's negligent, wrongful or malicious acts or omissions will not qualify for short-term relocation assistance. g) Penalties under this section will be imposed pursuant to Indiana Code § 36-1-20-6(b). h) If the owner of record fails to pay penalties, fees, costs and expenses,the Department may pursue collections against the person and against the property as allowed by law,including in the same manner as prescribed under Indiana Code § 36-1-6-2, Indiana Code § 36-7-9- 13 and Indiana Code § 36-7-9-13.5 except that amounts collected shall be deposited and used according to Rental Units Regulation Fund. Sec. 6-87. Monitoring progress. a) The Department will review this Article at least biennially, providing adequate time for implementation of the process, to determine if processes are effective and assisting the program in meeting anticipated goals. Updates may be provided by written report or presentation to Common Council, through a committee or full Council, no more often than on an annual basis. Sec. 6-88. Severability clause. a) The provisions of this ordinance are severable, and the invalidity of any phrase, clause or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance. Secs. 6-89-6-93. Reserved. SECTION II.This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and any legal publication required by law. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, 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 2022, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Sled in Clerk's Office APR 0 5 2023 DAWN M.JONES CITY CLERK,SOUTH BEND,IN