Memory Hall Flats

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Outcome

This Memory Hall Flats multifamily residential project was abandoned in favor of a similar, but differently located, The Flats at Memory Hall multifamily residential project: see http://www.finplaneducation.net/lebanon_memory_hall2.htm.

Overview

Iron Men Properties, owned by Joe Blake and Mike Sandry from Lafayette, was seeking approval from Lebanon officials for a multifamily residential project on North Lebanon Street. This Memory Hall Flats project had the four components listed next.

(1) Memory Hall Senior Apartments. The building at 315 North Lebanon Street housed Lebanon High School from 1922 through 1968, and its classrooms were renovated into apartments in 1996. Iron Men Properties purchased this building out of bankruptcy in October 2013, and its 59 senior housing units are 100 percent occupied. Housing choice vouchers from the U.S. Department of Housing and Urban Development are available to the residents of this building. Part of the building includes the old high school gym, and Iron Men Properties completed some rehabilitation work on the gym’s basketball court to make this "community center" available for rental reservations. Iron Men Properties discontinued renting space to the businesses and school that did occupy part of the bottom floor of the building, and will convert this space by August 1, 2014, into six one-bedroom apartments (725 square feet each rented for $675 a month) and two two-bedroom apartments (950 square feet each rented for $795 a month). A 1,500 square feet fitness room will also be provided on the bottom floor.

(2) Memory Hall Flats South Building. Iron Men Properties plans to construct a free-standing, three-story apartment building adjacent to North Lebanon Street on the existing parking lot in front of Memory Hall Senior Apartments at 315 North Lebanon Street. There will be 6 one-bedroom and 15 two-bedroom apartments with a minimum of 560 square feet of living space and nine-foot ceilings. Construction of this apartment building will begin Fall 2014, and “market rate rents” will be charged. There will be minor exterior wall setbacks so the walls are not flat, one-plane walls. The mixed “modern” exterior materials will consist mostly of “hardy board siding” and brick. The color scheme has not been determined but it will “respect Memory Hall.” The doors at the front of the building will be apartment living room doors only, and a secure entrance door with an awning will be at each end of the building. There will be a gabled roof and some arched windows. The site for the proposed South Building is currently zoned Central Business. This apartment building will not be all senior housing like Memory Hall Senior Apartments.

(3) Memory Hall Flats North Building. The homes at 417, 423, 503, and 507 North Lebanon Street will be demolished and a three-story apartment building will be constructed adjacent to North Lebanon Street. The apartment building will have 18 one-bedroom units and 21 two-bedroom units. The apartments will be “market rate rentals” and construction will start in 2014. The building will have a “traditional” look with a combination of brick and siding. The doors at the front of the building will be apartment living room doors only, and a secure entrance door will be at each end of the building. The North Building will be separated from the South Building by the existing residences at 403 and 409 North Lebanon Street. The site for the proposed North Building is currently zoned Multifamily. This apartment building will not be all senior housing like Memory Hall Senior Apartments.

(4) Memory Hall Flats Parking. A 65-space parking lot will be constructed behind the Memory Hall Flats North Building at 417, 423, 503, and 507 North Lebanon Street. Iron Men Properties indicates that screening will be provided on the east side of the parking lot. Construction of the parking lot will require vacation of the alley between North Lebanon Street and Meridian Street. Most of this parking lot will be over half a football field away from the existing Memory Hall Senior Apartments and the proposed Memory Hall Flats South Building.

It appears that the new one-bedroom Memory Hall Flats apartments will rent for $625 a month, and the new two-bedroom apartments will rent for $750 to $775 a month. While it is intended that these new apartments will charge "market rate rents," there is "no guarantee" that the apartments will not one day become subsidized housing. The new apartments will supposedly have vinyl plank flooring, espresso cabinets and vanities, and granite and cultured marble counters. Promised apartment amenities include cable TV and internet, in-unit washers and dryers, and stainless steel appliances. Plans call for the Memory Hall Flats North Building to be constructed before the Memory Hall Flats South Building

Listed next are the outcomes for the chronological history of the approval process being pursued by Iron Men Properties for the Memory Hall Flats project.

December 4, 2013: Lebanon Historic Preservation Commission Board

The Lebanon Historic Preservation Commission Board voted to award Iron Men Properties a Certificate of Appropriateness for the Memory Hall Flats project. The Memory Hall Senior Apartments and the Memory Hall Flats South Building fall within the jurisdiction of the Lebanon Historic Preservation Commission Board.

February 3, 2014: Lebanon Board of Zoning Appeals

Parking is a considerable concern for the proposed Memory Hall Flats multifamily residential project. The project’s 113 parking spaces for its anticipated 121 rental units would be distributed as follows: (a) 23 parking spaces on North Meridian Street and Williams Street adjacent to the Memory Hall Senior Apartments building, (b) 25 parking spaces between the Tiger Hall Flats (Memory Hall Flats South) building and the Memory Hall Senior Apartments building, (c) 65 spaces in the new parking lot behind the Tiger Hall Townhomes (Memory Hall Flats North) building.

Table 7.4 referenced in Lebanon Zoning Ordinance 7.5.F.1.c. provides that the minimum number of parking spaces required for multifamily dwellings is as follows: (a) 0.8 parking space for each of the 59 senior housing units in the Memory Hall Senior Apartments building, (b) 1.0 parking space for each of the one-bedroom units in the Tiger Hall Flats (Memory Hall Flats South) and Tiger Hall Townhomes (Memory Hall Flats North) buildings, (c) 1.6 parking spaces for each of the two-bedroom units in the Tiger Hall Townhomes (Memory Hall Flats North) building. The 113 parking spaces proposed by Iron Men Properties for its multiple-family residential project meet the Zoning Ordinance requirements only if there are no more than 5 two-bedroom units and 23 one-bedroom units in the Tiger Hall Townhomes (Memory Hall Flats North) building and 34 one-bedroom units in the Tiger Hall Flats (Memory Hall Flats South) building .

The arrangement of the proposed 113 parking spaces presents a significant safety concern. The residents in the Memory Hall Senior Apartments and Tiger Hall Flats (Memory Hall Flats South) would be subject to having to walk more than half a football field in all kinds of weather conditions to and from the parking lot behind the Tiger Hall Townhomes (Memory Hall Flats North) building. It is absurd to consider approving a multifamily residential project that would result in such dangerous parking arrangements for anyone, especially our older family members, friends, and neighbors.

Lebanon Zoning Ordinance 7.20.A.2.f. requires that parking for single-family dwellings converted to multifamily dwellings “may only be located behind the converted dwelling.” While the Lebanon Zoning Ordinance does not expressly address how far away parking should be located from new multifamily dwellings, it is apparent that the intent of the Ordinance is that parking should be reasonably adjacent to new apartment buildings and not more than half a football field away.

Iron Men Properties appeared before our Lebanon Board of Zoning Appeals (Ron Edwards, Julie Klinedinst, Kevin Krulik, Bruce Pauley, George Piper) on February 3, 2014, to request a zoning variance to allow non-senior residents in the Tiger Hall Flats (Memory Hall Flats South) building. Seven Lebanon residents spoke in opposition to the variance request citing various problems including (a) unsafe parking; (b) overflow parking congestion on adjacent properties; (c) insufficient information about noise, lighting, stormwater, and pollution concerns; and (d) a belief that the small apartments will not be attractive to “young professionals” as promised and will be converted to subsidized housing. In spite of a favorable presentation by Lebanon Planning Department members Charlie Campbell and Rachel Cardis, our Lebanon Board of Zoning Appeals voted unanimously on February 3, 2014, to deny the variance request.

February 26, 2014: Iron Men Properties "Rally"

Lebanon Mayor Huck Lewis arranged for the Boone County Economic Development Corporation to coordinate a public "rally" at Arni's in Lebanon for Iron Men Properties to extol the virtues of a "revised" Memory Hall Flats project.

March 3, 2014: Lebanon Board of Zoning Appeals

The Lebanon Board of Zoning Appeals voted unanimously on February 3, 2014, to deny a zoning variance application from Iron Men Properties to allow non-senior residents in a new Memory Hall Flats South Building that would be constructed on the existing parking lot in front of Memory Hall Senior Apartments at 315 North Lebanon Street. The BZA Rules of Procedure state, “A case which has been decided adversely to the applicant shall not be again placed on the docket for consideration within a period of twelve (12) months after the date of decision.” However, Lebanon Mayor Huck Lewis arranged through the Lebanon Planning Department to have the same variance request again placed on the March 3, 2014, BZA docket for a public hearing because Iron Men Properties supposedly submitted a “substantially different” application.

Parking remains a concern for the proposed Memory Hall Flats apartment buildings. Table 7.4 “Schedule of Parking Standards” referenced in Lebanon’s Unified Development Ordinance Section 7.5.F.1.c. provides that the minimum number of parking spaces required for multifamily dwellings is as follows: (a) 0.8 parking space for each of the 59 existing senior housing units in the Memory Hall Senior Apartments building, (b) 0.8 parking space for each of the 8 existing gym units in the Memory Hall Senior Apartments building, (c) 1.0 parking space for each of the one-bedroom units in the Memory Hall Flats South and North buildings, (d) 1.6 parking spaces for each of the two-bedroom units in the Memory Hall Flats South and North buildings. These requirements indicate that a total of 136 parking spaces should be provided for the Memory Hall Flats South and North buildings as summarized next.

Memory Hall Flats South Building: Required Parking Spaces
47.2 Parking Spaces for the 59 existing Memory Hall senior housing units (59 X 0.8 = 47.2)
6.4 Parking Spaces for the 8 existing Memory Hall gym units (8 X 0.8 = 6.4)
6.0 Parking Spaces for the 6 new Memory Hall Flats one-bedroom units (6 X 1 = 6.0)
24.0 Parking Spaces for the 15 new Memory Hall Flats two-bedroom units (15 X 1.6 = 24.0)
83.6 = 84 TOTAL

Memory Hall Flats North Building: Required Parking Spaces
18.0 Parking Spaces for the 18 new Memory Hall Flats one-bedroom units (18 X 1 = 18.0)
33.6 Parking Spaces for the 21 new Memory Hall Flats two-bedroom units (21 X 1.6 = 33.6)
51.6 = 52 TOTAL

Iron Men Properties intends to provide only 119 parking spaces for the Memory Hall Flats South and North buildings as summarized next.

Memory Hall Flats South Building: Provided Parking Spaces
31 Parking Spaces off-street between existing Memory Hall building and new Memory Hall Flats
20 Parking Spaces leased from city on Meridian Street adjacent to existing Memory Hall building
3 Parking Spaces leased from city on Williams Street adjacent to existing Memory Hall building
13 Parking Spaces half a football field away adjacent to new Memory Hall Flats North Building
67 TOTAL

Memory Hall Flats North Building: Provided Parking Spaces
52 TOTAL Parking Spaces adjacent to new Memory Hall Flats North Building

So, how can it be concluded that Iron Men Properties has planned sufficient parking spaces when 136 are required and only 119 are provided (and 23 of these are leased from the city)? The answer lies in Lebanon’s Unified Development Ordinance Section 7.5.G.1 which states, “In order to accommodate the unique built environment of the downtown, minimum off-street parking standards shall be provided at one-half (1/2) of those required in Table 7.4: Schedule of Parking Standards.” Because it is within the Central Business Zoning District, only 42 parking spaces (one-half of 84) are required for the Memory Hall Flats South Building. Therefore, to meet the adjusted minimum parking standards, Iron Men Properties must only provide a total of 94 parking spaces (42 at the South Building and 52 at the North Building).

Reducing the downtown parking requirements by one-half might be acceptable for retail stores, businesses, offices, and churches – however, this reduced parking requirement will be injurious to the public safety of the residents in the existing Memory Hall Senior Apartments and the proposed Memory Hall Flats buildings. Also, the use and value of the property owned by residents adjacent to the Memory Hall Flats project will be affected in a substantially adverse manner because some residents in the Memory Hall Senior Apartments and Memory Hall Flats buildings will always need to park throughout the neighborhood because of insufficient on-site parking.

It can be reasonably assumed that the residents in the Memory Hall Senior Apartments, Memory Hall Flats South, and Memory Hall Flats North buildings would actually need 136 parking spaces. Because only 119 parking spaces would be provided, there would always be a parking problem. In addition, allocating 13 spaces adjacent to the Memory Hall Flats North Building to the residents in the Memory Hall Senior Apartments and Memory Hall Flats South buildings would make these residents have to walk more than half a football field (at least 160 feet and as much as 425 feet) to and from their car in all kinds of weather conditions. Such congested and unsafe parking arrangements are undesirable for anyone, especially our older family members, friends, and neighbors who reside in Memory Hall Senior Apartments.

Thirteen citizens testified against the variance request and eleven citizens (including Mayor Lewis) testified in favor of the variance request at the March 3, 2014, BZA public hearing. Among the reasons submitted to deny the variance request were (1) the proposed variance will be injurious to the public safety and general welfare of our community and (2) the use and value of the area adjacent to the property included in the variance will be affected in a substantially adverse manner.

There was no substantial difference between the parking deficiencies included in the version of the Memory Hall Flats project considered at the February 3 BZA public hearing and the version presented at this March 3 BZA public hearing. The BZA denied the Iron Men Properties variance request on February 3, 2014, primarily because the parking deficiencies would have been injurious to the public safety and general welfare of our community. Nevertheless, the Lebanon Board of Zoning Appeals (Ron Edwards, Julie Klinedinst, Kevin Krulik, Bruce Pauley, George Piper) voted unanimously on March 3, 2014, to reverse their sensible and citizen-friendly denial the prior month and unwisely approve the Iron Men Properties variance request.

March 6, 2014: Lebanon Historic Preservation Commission Board

Iron Men Properties made a "courtesy presentation" to prepare the Lebanon Historic Preservation Commission Board for a future facade grant application.

April 3, 2014: Lebanon Historic Preservation Commission Board

Iron Men Properties submitted a facade grant application to help pay for Memory Hall Senior Apartments tuck pointing and limestone parapet cap caulking. Because the Memory Hall Senior Apartments building has been designated a "notable" building by the Lebanon Historic Preservation Commission, Iron Men Properties is eligible for a facade grant of 15% of the facade repairs cost up to a maximum of $5,000 - a unanimous vote of the Board can increase the facade grant amount to 20% of the facade repair cost up to a $10,000 maximum. Even though the Board President (Roger Swinney) stated that "we do want to give you money," it was determined that the facade grant application was insufficient and Iron Men Properties was instructed to come back with another facade repair cost bid and more specific work plans.

May 12, 2014: Lebanon Redevelopment Commission

Under the watchful eye of Lebanon Mayor Huck Lewis, Iron Men Properties made a presentation to the Lebanon Redevelopment Commission to prepare for a future tax abatement request for the Memory Hall Flats North Building and the Memory Hall Flats South Building.

May 12, 2014: Lebanon City Council

The Lebanon City Council received a tax abatement request from Iron Men Properties for the Memory Hall Flats North Building and the Memory Hall Flats South Building.

There is a discrepancy between the City of Lebanon Tax Abatement Application and the SB-1 Statement of Benefits Real Estate Improvements submitted by Iron Men Properties. The Tax Abatement Application lists 0.5 new job at a $15 hourly wage rate to be created by the proposed project. The SB-1 Statement declares there will be 2.5 new jobs paying a total of $65,000 (a $12.50 hourly wage rate). No matter whether there will be 0.5 or 2.5 new jobs, the Memory Hall Flats project will not create a significant number of new jobs that pay a living wage.

Iron Men Properties contends that a tax abatement should be granted because a "substantial risk" is being taken to invest $4.95 million in two new apartment buildings at a time when the concept of "urban living" in downtown Lebanon is "untested." Since when is it good local government policy to absorb any of the risk of developers building multi-family apartments anywhere in Lebanon?

Iron Men Properties further contends a tax abatement is justified because demolishing the homes at 417, 423, 503, and 507 North Lebanon Street to construct the Memory Hall Flats North Building will eliminate "dilapidated, unsightly existing structures.” Fully one third of the residences in Lebanon present no more of an "eyesore" than the four North Lebanon Street homes that will be demolished by Iron Men Properties. Is Lebanon Mayor Huck Lewis starting some kind of social engineering scheme where developers of multi-family apartments receive tax abatements to eliminate lower income housing throughout Lebanon that is arbitrarily deemed undesirable? How many Lebanon homeowners could afford to improve the appearance of their homes if the tax abatement requested by Iron Men properties was instead distributed as home improvement grants?

Lebanon City Council members Keith Campbell, John Copeland, Mike Kincaiid, Lana Kruse, Steve Large, and Preston Myers all voted to take the tax abatement request under advisement (Jeremy Lamar was absent). The Lebanon Redevelopment Commission will have to act before the Lebanon City Council can approve the tax abatement request.

May 28, 2014: Lebanon Historic Preservation Commission Board

Lebanon Historic Preservation Commission Board members Steve Horton, Preston Myers, George Piper, and Roger Swinney (Linda Ridgway was absent) voted to award a facade grant to Iron Men Properties for Memory Hall Senior Apartments tuck pointing and limestone parapet cap caulking. The facade grant from Mayor Lewis’ appointees is the lesser of $5,000 or 20% of actual receipts. Apparently there are no capable masons anywhere in Boone County because Iron Men Properties has hired a mason from Lafayette to begin the facade work on June 2, 2014.

June 4, 2014: Lebanon Economic Development Commission

Lebanon Mayor Huck Lewis is outrageously maneuvering to have his normally compliant Lebanon City Council approve a tax abatement for Iron Men Properties BEFORE a development plan is approved by the Lebanon Plan Commission for a three-story apartment building in the Memory Hall parking lot at 315 North Lebanon Street and another three-story apartment building at 417, 423, 503, and 507 North Lebanon Street. The only public “plans” that were considered before the tax abatement request was first submitted to the Lebanon City Council on May 12, 2014, were fanciful architectural renderings that mask the fact the two proposed Memory Hall Flats apartment buildings look no more “attractive” than the existing typical two-story apartment buildings at 611 North Lebanon Street and on North Lebanon Street adjacent to First Community Church.

To make Iron Men Properties eligible for a tax abatement under Indiana Code 6-1.1-12.1, Lebanon Mayor Huck Lewis arranged for his secretive Lebanon Economic Development Commission to recommend on June 4, 2014, that 315, 417, 423, 503, and 507 North Lebanon Street be designated an economic revitalization area and an economic development target area. David Koehler and Laurie Gross (Jeff Wolfe was absent) arbitrarily decided under the manipulative guidance of City Attorney Bob Clutter that the recommended economic development target area “has become undesirable or impossible for normal development and occupancy because of a lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings, or other factors that have impaired values or prevent a normal development of property or use of property” (in accordance with Indiana Code 6-1.1-12.1-7).

Iron Men Properties contends a tax abatement is justified because “four dilapidated multi-family structures that are an eyesore in the downtown district” will be eliminated. Many residences in Lebanon present no more of an “eyesore” and are no more “substandard buildings” than the four North Lebanon Street homes that will be demolished by Iron Men Properties. Developers of multi-family apartments should not receive tax abatements to eliminate lower income housing anywhere in Lebanon that is arbitrarily deemed undesirable by the mayor's Lebanon Economic Development Commission? Concerned citizens must insist that the Lebanon City Council do the right thing and deny a tax abatement for Iron Men Properties.

June 9, 2014: Lebanon City Council

The tax abatement request for Iron Men Properties was "tabled" without a vote.

June 23, 2014: Lebanon City Council

A declaratory resolution for the designation of an economic revitalization area and economic development target area to benefit Iron Men Properties was "tabled" without a vote.

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