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HomeMy WebLinkAbout08-09-10 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, AUGUST 9, 2010 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB- COMMITTEE ON'MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. +� u 27 -10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF AND ADJACENT TO 1847 LINCOLNWAY EAST, SOUTH BEND, INDIANA 46613, COUNCILMANIC DISTRICT NO. 3, IN THE CITY OF SOUTH BEND, INDIANA 29 -10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1219 MISHAWAKA AVENUE, SOUTH BEND, IN 46615 COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA 33 -10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 101 E. NORTH SHORE DRIVE, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA 38 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $285,000.00 FROM COMMUNITY DEVELOPMENT FUND #212 FOR DEVELOPMENT AND TRAINING TARGETED TO BUSINESSES WITHIN THE AIRPORT ECONOMIC DEVELOPMENT AREA 39 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS OF $80,300 FROM THE WATER WORKS SINKING FUND #625 40 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 OF $110,000 FROM GENERAL FUND ( #7.01), $600,000 FROM MOTOR VEHICLE HIGHWAY FUND ( #202), $500,000 FROM LIABILITY INSURANCE FUND (#226), AND =$58,000) FROM COUNTY OPTION INCOME TAX FUND ( #404) 43 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $57,027.00 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND (NO. 408) IN 2010 FOR ADDITIONAL COSTS OF THE NORTHEAST TRIANGLE DEVELOPMENT PROJECT 41 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2010 42--10 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING TEMPORARY LOAN OF $39,763.60 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND (#408) TO PAY FOR ACQUISITION OF 25 PROPERTIES BY THE SOUTH BEND REDEVELOPMENT COMMISSION WITHIN TIF REVENUE - AIRPORT FUND ( #324) 44 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 14 -56 OF THE SOUTH BEND MUNICIPAL CODE MODIFYING THE FEES FOR TEMPORARY RESIDENTIAL CONDITIONAL USE PARKING PERMITS AND IMPROVING PROOF OF RESIDENCE REQUIREMENTS 8. BILLS, THIRD READING TIME: RTT.T. Nn 27 -10 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST.OF AND ADJACENT TO 1847 LINCOLNWAY EAST, SOUTH BEND, INDIANA 46613, COUNCILMANIC DISTRICT NO. 3, IN THE CITY OF SOUTH BEND, INDIANA 29 -10 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1219 MISHAWAKA AVENUE, SOUTH BEND, IN 46615 COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA 33 -10 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 101 E. NORTH SHORE DRIVE, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA 38--10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $285,000.00 FROM COMMUNITY DEVELOPMENT FUND 4212 FOR DEVELOPMENT AND TRAINING TARGETED TO BUSINESSES WITHIN THE AIRPORT ECONOMIC DEVELOPMENT AREA 39 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS OF $80,300 FROM THE WATER WORKS SINKING FUND $#625 40 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 OF $110,000 FROM GENERAL FUND (##101), $600,000 FROM MOTOR VEHICLE HIGHWAY FUND (4202), $500,000 FROM LIABILITY INSURANCE FUND (##226), AND ($58,000) FROM COUNTY OPTION INCOME TAX FUND (##404) 43 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $57,027.00 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND (NO. 408) IN 2010 FOR ADDITIONAL COSTS OF THE NORTHEAST TRIANGLE DEVELOPMENT PROJECT 41 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2010 42 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING TEMPORARY LOAN OF $39,763.60 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND (#$408) TO PAY FOR ACQUISITION OF 25 PROPERTIES BY THE SOUTH BEND REDEVELOPMENT COMMISSION WITHIN TIF REVENUE - AIRPORT FUND (##324) 44 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 14 -56 OF THE SOUTH BEND MUNICIPAL CODE MODIFYING THE FEES FOR TEMPORARY RESIDENTIAL CONDITIONAL USE PARKING PERMITS AND IMPROVING PROOF OF RESIDENCE REQUIREMENTS 9. RESOLUTIONS RTLr, Nn- 10-35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED 702 E. JEFFERSON BLVD., SOUTH BEND, INDIANA 46617 10 -36 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 7055 CLEVELAND RD. AS AN ECONOMIC REVITALIZATION AREA FROM PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR PATTERSON LOGISTICS SERVICES, INC. 10 -37 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 7055 CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PATTERSON LOGISTICS SERVICES, INC. 10-38A 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 902 N. ST. PETER STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR PATRICK PERRELLA 10. BILLS, FIRST READING RTI,I, NO 45 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING AND REPLACING CHAPTER 21, ZONING, ARTICLE 12, FLOODPLAIN REGULATIONS IN ORDER TO ADOPT THE MOST RECENT FEDERAL AND STATE REQUIREMENTS 4G -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, E. LEROY & PATRICIA YRDER, 17904 STATE ROAD 23, SOUTH BEND, INDIANA 40635 47 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #4, STADIUM PLACE DEVELOPERS, LLC, JEAN C. JOHNSON TRUSTEE FOR THE JEAN C. JOHNSON REVOCABLE TRUST, ROBERT A. HOWLAND, JR. AND GLENN & KAYE BLOSSOM (PETITIONERS), 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ,ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. Area Plan Commission ®f St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 July 21, 2010 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 I V� 0-0 - rL_� - �-�) RE: A proposed ordinance of Lincolnwood Retail LLC to zone from GB General Business District to CB Community Business District, vacant property adjacent to and east of I847 Lincolnway East, City of South Bend. - APC# 2556 - 10 Dear Council Members: I hereby Certify that the above referenced ordinance of Lincolnwood Retail LLC was legally advertised on Thursday, July 8, 2010 and that the Area Plan Commission at its public hearing on Tuesday, July 20, 2010 took the following action: Upon a motion by Barrett Berry, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of Lincolnwood Retail LLC to zone from GB General Business District to CB Community Business District, vacant property adjacent to and east of 1847 Lincolnway East, City of South Bend is sent to the Common Council with a favorable recommendation. This rezoning will allow for a vacant and underutilized property to be used for a high intensity automobile oriented commercial use. Prior high intensity commercial uses, including an automobile dealership, have been located at this site since the 1960x. Adjacent uses including fast food restaurants and a drugstore complement the proposed use. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the Minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, W 6 2. in�Y W. B omi JWB jsc Attachment CC: Lincolnwood Retail LLC Danch, Harper & Associates Serving South Bend, Lakeville, New Carlisle, !North Liberty, Osceola, Roseland and 5t. Joseph County, Indiana 2 St #�i Report AFC # 2556 -10 Owner: Lincolnwood Retail LLC Location: vacant property adjacent to and east of 1847 Lincolnway East Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from GB General Business District to CB Community Business District to allow a financial institution with a drive -up window and ATM. Land Uses and Zoning: On site: On site is a vacant lot previously occupied by an automobile sales business. North: To the north is an apartment complex for IUSB students zoned U University District. East: To the east is a vacant Iot and drugstore zoned GB General Business District. South: To the south across Lincolnway East is a fast food restaurant zoned CB Community Business District and a motorcycle sales business zoned GB General Business District. West: To the west is a fast food restaurant zoned CB Community Business District. District uses and development standards: The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often Iarge space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. Site plan description: The 1.53 acre site is proposed to include a one -story 3,995 square foot building covering 6% of the site. Fifty -four parking spaces will be provided and together with all other paved areas will cover 44,801 square feet or 67% of the site. The remaining 27% of the site will be open space consisting primarily of perimeter landscaping areas and interior landscape islands. A curb cut along Lincolnway East will continue to provide access to the site. Variances were approved by Area Board of Zoning Appeals to not require foundation landscaping, a reduction in the required number of stacking spaces for both the drive -up window and ATM, and to not require perimeter landscaping along the east property line. Zoning and land use history & treads: This site has been zoned GB General Business District since 2004 when it was a part of the Don Medow automobile dealership. Don Medow vacated the premises in the spring of 2008 and the existing structure was razed. According to the 1966 aerials, this commercial 1 retail structure was located on this site for over 40 years. Prior to 2004, the site was zoned "C" Commercial, "e" Height & Area. Traffic and transportation considerations: Lincolnway East is a five lane road including a center two -way left turn lane. Utilities: The site will continue to be served with municipal sewer and water. Lincolnwood Retail LL.0 #2556 -10 Page 1 of 2 Additional information: (Agency comments) The Building Department and County Surveyor have no comments. The Division of Engineering and Public Construction has no objections. 5 Criteria (per IC 36-7 -4 -603): t. Comprehensive Plan: Policy Plan: City Plan, City of South Bend, Indiana (November 2006): Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. ED 1.2. Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Map shows this area as commercial. 2. Current conditions and character: The site is currently vacant consisting primarily of paved areas and sparse natural ground cover where the prior building once stood. Land uses along this section of the Lincoln Way corridor are mostly commercial and retail with student housing to the north, The site includes cross access to the adjacent properties to the west and east at the north end of the site and to the east at the south end of the site. The land to the east is anticipated to be developed as commercial, retail or service. 3. Most desirable use: The most desirable use of the site is higher intensity commercial since it is located adjacent to other intense commercial uses. Lincoln Way, which is a major east -west thoroughfare, provides the proper access to this predominantly automobile oriented commercial area. 4. Conservation of property values: Surrounding property values should not be negatively affected since the proposed use is compatible with the adjacent commercial uses. 5. Responsible development and growth: The proposed use supports responsible growth and development since it is located along an existing commercial corridor. This vacant and underutilized property has been commercial or retail for over 40 years. Recommendation: Based on information available prior to the public hearing, the Staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: This rezoning will allow for a vacant and underutilized property to be used for a high intensity automobile oriented commercial use. Prior high intensity commercial uses, including an automobile dealership, have been located at this site since the 1960s. Adjacent uses including fast food restaurants and a drugstore complement the proposed use. Lincolnwood Retail LLC #2556 -10 Page 2 of 2 Rezoning from "G61" GENERAL BUSINESS DISTRICT to "CB"" COMMUNITY BUSINESS DISTRICT J KeY I MISHAWAKA SOUTH BEND "C 8- COMMUNITY BUSINESS DISTRICT SOUTH BEND "GS', GENERAL BUSINESS DISTRICT N I I Ric T SOUTH BEND "U" UNIVERSITY DISTRICT E inch = 200 feet ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF AND ADJACENT TO 1847 LINCOLNWAY EAST, SOUTH BEND, INDIANA 46613, COUNCILMANIC DISTRICT NO. 3, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED EAST OF AND ADJACENT TO 1847 LINCOLNWAY EAST, SOUTH BEND, INDIANA AND IS PRESENTLY ZONED GB GENERAL BUSINESS DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE CB COMMUNITY BUSINESS DISTRICT TO ALLOW FOR A FINANCIAL INSTITUTION WITH A DRIVE -UP WINDOW & ATM. NOW THEREFORE BE IT ORDAINED BY THE COLON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495 -04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT A PART OF THE NORTHEAST AND SOUTHEAST QUARTERS OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: BEING A PART OF LOT # 2 OF THE PLAT OF "MEDOWS MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0804107 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT # 2; THENCE N. 010- 25' -04" E. ALONG THE WEST LINE OF SAID LOT, 309.14 FEET; THENCE N. 830- 14' -55" E. ALONG THE NORTH LINE OF SAID LOT, 203.70 FEET MORE OR LESS; THENCE S. 00°- 00'-00" W., 337.75 FEET MORE OR LESS TO THE NORTHERLY LINE OF LINCOLNWAY EAST; THENCE ALONG SAID NORTHERLY LINE FOR THE NEXT TWO COURSES, S. 890- 35' -50" W., 20.24 FEET MORE OR LESS AND N. 880- 31' -13" W., 189.76 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.53 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS CB COMMUNITY BUSINESS DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. MEMBER OF THE COMMON COUNCIL � E ATTEST: CITY CLERK PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE DAY OF , 2 , AT O'CLOCK . M. CITY CLERK APPROVED AND SIGNED BY ME ON THE DAY OF , 2 , AT O'CLOCK M. MAYOR, CITY OF SOUTH BEND, INDIANA s� READING 'UBLiC HEARING kcl READING 40T APPROVED IFERREU SASSED F.ispd in Clot °k's Of! ju— crry unk, wo. 13G9o, E FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: VACANT PROPERTY ADJACENT TO AND EAST OF 1847 LINCOLNWAY EAST, SOUTH BEND, INDIANA 46613. 2). NAME AND ADDRESS OF PROPERTY OWNER(S) LINCOLNWOOD RETAIL LLC 2640 E. GOLDEN GATE PARKWAY SUITE 102 NAPLES, FLORIDA, 34105 PH. NO. 1- 239 - 434 -6767 OF THE PETITION SITE: 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: GB GENERAL BUSINESS DISTRICT TO: CB COMMUNITY BUSINESS DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). FINANCIAL INSTITUTION WITH A DRIVE -UP WINDOW & ATM. 6). ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 %" x 11" FORMAT. SIGNED, PETITIONED PREPARED BY: DANCH, HARMER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 (574) 234 -4003 Filled In C[erks' ONNGS N Ay 2 4 2010 ,IC�N�+ v00 cz Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magiiozzi Executive Director Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana ,com /areaplan Fax 574 235 -9813 July 1, 2010 City of South Bend Common Council 227 West Jefferson, Suite 400 South Bend, IN 46601 Re: Bill #27 -10 Amendment of the Zoning Ordinance Property Located East of and Adjacent to 1847 LincoInway East Honorable Members of the Council: A substitute ordinance regarding Bill #27 -10 was submitted to the Office of the Clerk on July 1, 2010. The substitute ordinance corrected some scrivener's errors within the legal description. If you have any questions, do not hesitate to contact the Area Plan Commission office. Sincerely, 1 Derek Spier, AICP PIanner Fl i' 4, " r`-' B Cr ice r 2010 E: IZONING12010107 JulyINON- CONFORMAiVCEiCommon Council Gtr -Ordinance Edits - 2556- 10.doc Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Map. Objective ED 1.2: Encourage the reuse of abandoned and underutilized land and structures. Laud Use Plan: The Future Land Use Map shows this area as Mixed Use. 2. Current conditions and character: The site is currently occupied by a one -story brick structure which was previously used for commercial purposes. A parking area is located on the site behind the building. An adjacent alley to the west provides access to these parking spaces from both Mishawaka Avenue and Longfellow Avenue. This end of Mishawaka Avenue is primarily a business and commercial area which includes a piano repair and resale shop, a clothing and gift store, a printing service, a soft water company, and a hair salon. A single family residential neighborhood is located to the north. 3. most desirable use: The most desirable use of the property is local commercial, retail, service or residential. Any of these uses are compatible with the adjacent mixed uses located along both Mishawaka Avenue and Longfellow Avenue. 4. Conservation of property values: Surrounding property values should not be negatively affected since the proposed rezoning is to a less intense district. Residential use of the property is compatible with the adjacent commercial, retail and residential uses. 5. Responsible development and growth: The proposed use is responsible growth and development since it lies within a mixed use area which includes commercial, retail, and residential uses. Recommendation: Rased on information available prior to the public hearing, the Staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: This rezoning will allow for an existing vacant commercial structure to be rehabilitated and used for a single - family residence. Residential use of the site is compatible with the adjacent mixed land uses including commercial, retail, service, and residential. Michael Wiescher #2557 -10 Page 2 of 2 Rezoning from: �r "MU" � MIXED USE { DISTRICT to �p �+ " "SF2"" SINGLE FAMILY TWO FAMILY DISTRICT RICT Zoning Ivey SOUTH BEND "SF2" SINGLE FAMILYAND TWO FAMILY DISTRICT SOUTH BEND "MU "MIXED USE DISTRICT SOUTH BEND "LB" LOCAL BUSINESS DISTRICT r;= SOUTH BEND "GB" GENERAL BUSINESS DISTRICT SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT . N W *155 1 inch =100 feet 1Ii i� AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1219 MISHAWAKA AVENUE, SOUTH BEND, IN 46615 COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT The building is presently a commercial building with mixed use zoning. It has been empty for considerable amount of time. Rezoning for residential use is requested to restore the building to its original design, maintaining its commercial appearance and convert the interior of the building to a loft style two person residence. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Whitcomb & Keller's Yd Sunnymede Addition, Part of Lots 506 & 507 described as follows: Beginning at the most Easterly corner of Lot 507, thence Northwesterly with the Northeasterly line of Lot 507 a distance of 41.4 feet; thence Southwesterly at a right angle with the last described line a distance of 35.1 feet, thence Southwesterly a distance of 101.2 feet to a point of the Southerly line of Lot 506, which point is 8 feet Northwesterly from the most Southerly corner of Lot 506; thence Southeasterly with the Northerly line of Mishawaka Avenue a distance of 15.7 feet; thence Northeasterly 119.45 feet to the place of beginning excepting a strip of land 10 feet wide adjoining Mishawaka Avenue which has been dedicated to the public for the widening of Mishawaka Avenue. be and the same is hereby established as SF 2 Single Family and Two Family District. 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 legal publication. Attest: City Clerk Member of the Common Cduncil WftUrJq 'r tNeMrio • ., L1 . Date Filed Date received by the Area Plan Commission Application No. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1219 Mishawaka Avenue, South Bend, IN 46615 2) Name and address of property owner(s) of the petition site: Name Michael Wiescher Full Address and Phone Number 1007 Hudson Avenue South Bend, IN 46616 Home: 574 288 7628; Office: 574 631 6788; Cell: 574 386 7377 3) Name and address of contingent purchaser(s), if applicable: Name Full Address and Phone Number 4) It is desired and requested that this property be rezoned from _ SF I / SF 2 mixed zoning, to SF 2 residential zoning 5) This rezoning is requested to allow the following use(s): Private loft -style residence 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelo es for all property owners within 300 feet of the petition property (f) a location map, if available, dra to scale, which includes street names, printed in 8'/2" x I I "format. Signature(s) of All Property owner(s) PETITION PREPARED BY: CONTACT PERSON: (If different) Name Michael Wiescher Full Address and Phone Number 1007 Hudson Avenue South Bend, IN 46616 Home: 574 288 7628; Office: 574 631 6788; Cell: 57 Email Address: wiescher,]@nd.edu Name Full Address and Phone Number Ice mail Address Its, AY 2 8 20'110 Area Plan Commission of St. Joseph Cunt 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magiiozzi Executive Director Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 July 1, 2010 City of South Bend Common Council 227 West Jefferson, Suite 400 South Bend, IN 46601 Re: Bill #29 -10 Amendment of the Zoning Ordinance 1219 Mishawaka Avenue Honorable Members of the Council:' A substitute ordinance regarding Bill #29 -10 was submitted to the Office of the Clerk on July 1, 2010. The substitute ordinance added the property address to the ordinance title and added the complete legal description with Section 1. If you have any questions, do not hesitate to contact the Area Plan Commission office. Sincerely, Derek Spier, AICP Planner [EJUL- 2010 E.• 1ZONINGi20101 071a1y1NOAF- CONFORM,1NCEICommon Council Ltr -Ordinance Ediis - 1557- IO.doc Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Area Plan Commission ®t St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magfiozzi Executive Director Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 July 21, 2010 The Honorable Council of the City of South : { Bend } ., �� l"� , 3 3 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of First Unitarian Church, South Bend, Indiana to zone from SF2 Single Family and Two Family District to PUD Planned Unit Development District, property located at 101 E. North Shore Drive, City of South Bend.- APC# 2558 -10 Dear Council Members: I hereby Certify that the above referenced ordinance of First Unitarian Church, South Bend, Indiana was legally advertised on Thursday, July 8, 2010 and that the Area Plan Commission at its public hearing on Tuesday, July 20, 2010 took the following action: Upon a motion by Gary Gilot, being seconded by Ann Puzzello and unanimously carried, the proposed ordinance of First Unitarian Church, South Bend, Indiana to zone from SF2 Single Family and Two Family District to PUD Planned Unit Development District, property located at 101 E. North Shore Drive, City of South Bend is sent to the Common Council with a favorable recommendation, subject to the following Written Commitments: 1. maintaining the existing green space, 2. maintaining the architectural characteristic of the building, 3, defining each each unit as a single family unit and 4. allowing the Staff to approve the underground garage concept. This rezoning will allow the adaptive reuse of a previously institutional building within a well - established residential neighborhood. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, W. Byorni t JWB Jsc Attachment CC: First Unitarian Church, South Bend, Indiana East Northshore Properties, LLC Charles S. Leone Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana vi alKewa MarQue."O r c� .j c - csr tv CL w n CL 0 is St Vincent �h $how,, Rezoning from "'SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "PUD" PLANNED UNIT DEVELOPMENT DISTRICT Zoning Key EM SOUTH BEND "SF2" SINGLE FAMILYAND TWO FAMILY DISTRICT N S 1 inch = 200 feet ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 101 E. NORTH SHORE DRIVE, COUNCILMANIC DISTRICT FOUR IN THE CI'T'Y OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner, First Unitarian Church, South Bend, Indiana, requests rezoning of the real estate at 101 E. North Shore Drive, South Bend, Indiana, from SF -2 to PUD to allow contingent purchaser, East Northshore Properties, LLC to re -use the existing church building on the property, and construct an addition and garages, for four (4) residential condominium units and to preserve existing open space on East North Shore Drive. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lots Numbered One (1), Two (2), and Three (3), and all of Lot Numbered Four (4) excepting therefrom a lot or parcel of land twenty (20) feet in width, North and South, taken off of and from the entire length of the North side thereof, all as shown on the recorded Plat of the First Addition of Navarre Place, in the City of South Bend. be and the same is hereby established as Planned Unit Development (PUD) District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Comm"o5 n Council, approval by the Mayor, and legal publication. Attest: City Clerk Member of the Common Coun it of 3 off`" �` "� 7Si� >..;K, clW014 for PIIAINV T iIN n ," Presented by me to the Mayor of the City of South Bend, Indiana on day of 2010, at o'clock m ' Approved and signed by me on the st READING 'IJSI_IC HEARING i rd READING 40T APPROVED ;TFERRED 'ASSED. City Clerk day of , 2010, at o'clock Mayor of the City of South Bend, Indiana Clerk's Office UL - 1 2010 IrrlJOHN Y40RDE _CLERK, SO, BI t�A, fhR, I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 101 E. North Shore Drive, South Bend, Indiana 46617 2) Name and address of property owner(s) of the petition site: First Unitarian Church, South Bend, Indiana 101 E. North Shore Drive South Bend, Indiana 46617 3) Name and address of contingent purchaser(s), if applicable: East Northshore Properties, LLC 521 W. Colfax Avenue South Bend, Indiana 46601 4) It is desired and requested that this property be rezoned from SF -2 Single Family and Two Family District to PUD Planned Unit Development District 5) This rezoning is requested to allow the following use(s): Renovation of existing church structure and construction of an addition and a garage for four (4) residential condominium units. 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 81/2" x 1 i" format. PETITION PREPARED BY: Charles S. Leone (8765-71) Leone Halpin, LLP 521 West Colfax Avenue South Bend, Indiana 46601 Phone: (574) 234 -8050 E -mail cleone @leonehalpin.com First Unitarian Church, South Bend, Indiana By: Richard Wallace, President Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magfiozzi Executive Director Assistant Director Phone 574 235 -9571 www.stjosephcountyindiana .coat /areaplan Fax 574 235 -9813 June 30, 2010 Honorable Common Council Of The City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Bill # 33 -10 A bill of the Common Council of the City of South Bend amending Chapter 2I of the zoning ordinance. Dear Council Members: The following changes have been made to the Ordinance for the above - referenced petition: Ordinance: 1) The word "District" was added after PUD Planned Unit Development, Petition: 1) The full zoning district name has been added after the abbreviation in item 4. If you have any further questions, please call me at 574- 235 -9571. Sincerely, Christa Nayder Planner Him -1 In lo.rk's affice =3,P; a Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana 1200 CouNTY -CITY BMLDING 227 W. JEFFERsoN BouLEvARD SOUTH BEND, INDIANA 46601 -1830 PHONE 5741235 -9371 FAx 5741235 -9021 TDD 5741235 -5567 CITY or SouTH BFND STEPHEN J. LuEcKE, MAYOR COMMUNITY & EcONOMIc DEvnoPMENI' JEFFREY V GIBNEY EXECUTTv -. DIRECTOR July 16, 2010 South Bend Common Council Fourth Floor Council Chambers 400 County -City Building South Bend, IN 46601 Dear Council Member: The attached bill for your consideration and approval will appropriate funds from a $285,000.00 Department of Labor grant the City was awarded for to develop a system to successfully prepare /train/retrain members of the City's local workforce for current and future jobs related to businesses located within the Airport Economic Development Area of the City of South Bend, and secondly, to provide this customized training to 40 at -risk individuals and place at least 25 of them in new jobs. The funds will be appropriated into the Community Development Fund (fund # 212) and used to contract for the development and training services. We look forward to your approval of this ordinance. Please note, these funds cannot be used for general government purposes, only to develop the system and provide the training. Jeff Gibney or I will present this bill at your August 9th meeting. If you have any questions, please call Jeff at 235 -9375 or me at 235 -9330, Thanks. Sincerely, Elizabdth Leonard Director, Financial & Program Management cc: Jeff Gibney John March off .n 4 VNIDE E COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER D0?4M D E. INKS MANAGEMENT 5741235.9660 5741235 -9372 ELIZABETH LEONARD FAX: 5741235 -9697 5741235-9372 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $285,000.00 FROM COMMUNTY DEVELOPMENT FUND (#E~212) FOR DEVELOPMENT AND TRAINING TARGETED TO BUSINESSES WITHIN THE AIRPORT ECONOMIC DEVELOPMENT AREA STATEMENT OF PURPOSE AND INTENT The City of South Bend has been awarded a U.S. Department of Labor grant which is limited to the development and implementation of a training program relating to jobs within the Airport Economic Development Area. This ordinance appropriates the grant funds for that intended use. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The sum of $285,000.00 is hereby appropriated from Community Development Fund (4212) for the purpose of contracting for services which develop and implement a training program relating to jobs in the Airport Economic Development Area; and Section 11. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common C uncil Attest. �� %Yii`�i' ° }�" a "��;,y � , .^ d:'1'�Y•4 Y'� i'"'l�wr$ �:? A�d� 16pAFw,j kz7 a €ui ��A�� �, s 4w* £ City Clerk . ' CoAd Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20010 at o'clock M. City Clerk Approved and signed by me on the day of at o' clock m. Mayor, City of pp 1t IJfS G pp////ww St R E/-i 1. UBLIC HEARING rd READING OT APPRQYhQ' FERRED 455.E , 201.0 c 4 Y i �u � 9 „ � 1 � 4, • .. t '. n -�rl �6 JUG.. � c COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 PEACE _~1865 _« PHONE 574 - 235 -9216 FAX 574 - 235 -9928 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER July 21, 2010 Mr. Derek Dieter 9��....� President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance Appropriating Additional Funds for Water Works Sinking Bond Fund within the City of South Bend Dear President Dieter: The Common Council adopted the 2010 budget with passage of Common Council Ordinances #9957 -09 and #9992 -09, which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to citizens which were not foreseen at the time the City budget was adopted. Attached you will find the ordinance for this purpose and attachment providing details to all requested budget increases and reductions. The net dollar appropriation of this ordinance is $80,300, with explanation as follows: Fubd #625 Water Bond Sinking 80,300 Interest expense for 2009 revenue bonds series A and B underestimated in original budget / budget prepared in August / bond closing in September The attachment detail is incorporated into the ordinance itself and made a part thereof. This ordinance to the Common Council at its Committee meeting and at the public hearing will be presented by Gregg Zientara. Sincere! ;� Gregg D i lntara Controll for the City of South Bend L L JO 114 V00147E CITY Ci.EnK, s0. SEND, fN. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS OF $80,300 FROM THE WATER WORKS SINKING FUND ( #625) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2010 operating and capital budgets in 2009 (Ordinance #9957 -09 and #9992 -09), which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2010 and set apart within the following designated funds for operational expenses as follows: Fund Amount Water Works Sinking ( #625) $80.300 TOTAL S80,300 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Counci Attest: @W8 t <? r tf<rcarile and City Clerk cmd aGhm On di6 .q, ;;y Presented by me to the Mayor of the City of South Bend, Indiana, on the — day of , 2010, at o'clock . m. Approved and signed by me on the o'clock i `RRED -SEE' Deputy City Clerk r M ju L 4, l r day of , 2010, at City of South Bend, Indiana { 0 CL /}k }9 IL !P& \ §� k \i ! #; 2 k § Q } 3 / { % { ) @ ■ k gf00 JUL P. j 2010 JCA kmm «9 ce%a% yM K COUNTY-CITY BUILDING ?: +3 ?? j PHONE 574- 235 -9216 227 W. JEFFERSON BOULEVARD {'' pU TIi FAX 574 -235 -9928 SOUTH BEND, IN 46601 � f• J PEACE 4 �D CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER July 21, 2010 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 ��-p �� -,- "4.�) Az)-- Re: Ordinance Appropriating Additional Funds for certain Departments and City Service Operations within the City of South Bend Dear president Dieter: The Common Council adopted the 2010 budget with passage of Common Council Ordinances #9956 -09 and #9993 -09, which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to citizens which were not foreseen at the time the City budget was adopted. Attached you will find the ordinance for this purpose and attachment providing details to all requested budget increases and reductions. The net dollar appropriation of this ordinance is $1,152,000, with explanation as follows: Fund #101 General Fund 38,000 Federal lobbyist to assist with grant opportunities 14,000 Unemployment claims in Human Rights 58,000 Transfer $ from COIT where originally budgeted Fund #404 COLT (58,000) Transfer $ to General Fund to buy Police equipment Fund #202 Motor Vehicle Hwy 600,000 Additional concrete paving work scope to be preformed in 2010 Fund #226 Liability Insurance 500,000 Additional $ needed to pay for settled liability claims Total 1,152, 000 Already completed or expected to complete The attachment detail is incorporated into the ordinance itself and made a part thereof. This ordinance to the Common Council at its Committee meeting and at the public hearing will be presented by Gregg Zientara. Sincerel , 1 Gregg i ntara Controller r the City of South Bend l; d Ito 4,fs�.y4.r6� s L,ti,l E�f�a F. 7)' { L� ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2010 OF $110,000 FROM GENERAL FUND ( #101), $600,000 FROM MOTOR VEHICLE HIGHWAY FUND (#202),$500,000 FROM LIABILITY INSURANCE FUND ( #226), AND ($58,000) FROM COUNTY OPTION INCOME TAX FUND ( 9404) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2010 operating and capital budgets in 2009 (Ordinance 49956 -09 and #9993 -09) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2010 and set apart within the following designated funds for expenditures as follows: Fund Amount General ( 4101) $ 110,000 Motor Vehicle Highway ( #202) 600,000 Liability Insurance ( #226) 500,000 County Option Income Tax ( #404) (58,000) TOTAL $1,152,000 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Cou it Attest: dying [tRY for 614111601 haafin� City Clerk cma San 0 14 Wilk rr Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2010, at o'clock . m. Deputy City Clerk PUG 1C, i SEA flNG 3 rd READING NOT APPROYFD. REFERRED PASSED Approved and signed by me on the day of , 2010, at o'clock . m. Mayor, City of South Bend, Indiana fn MFR . I € .�aL JUL 2010 C 1 TV � L," COUNTY -CITY BUILDING �. y �;,�;J�, . 227 W. JEFFERSON BOULEVARD h 'OUT1 PHONE 574 - 235 -9216 SOUTH BEND, IN 46607 A FAX 574- 235 -9928 PBJ1Clt \~1865 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER July 21, 2010 Mr. Derek Dieter ' President, South Bend Common Council 4ffi Floor, County -City Building South Bend, IN 46601 Re: Ordinance Appropriating $57,027.00 from Economic Development Fund (#408) for Additional Costs of the Northeast Triangle Development Project Dear President Dieter: On December 14, 2009, as a part of the 2010 capital budget, the Common Council passed Ordinance No. 9993 -09 which appropriated $410,000.00 in Economic Development Income Tax Fund (##408) for the purpose of property acquisition and demolition of eight (8) units from the South Bend Housing Authority as a part of the project to provide new housing in the proposed Eddy Knolls development area. It is now necessary to request an increase in the previous Common Council appropriated monies due to the discovery of asbestos covering the walls in six of the eight units. Increased demolition and abatement standards apply due to the discovery of the asbestos which will increase the monies required to complete the property demolition. As such, the City requests Common Council approval of an additional appropriation in the amount of $57,027.00. The total monies now required for this project will be $467,027.00, the originally appropriated $410,000.00 plus the additional request $57,027.00. The EDIT fund has sufficient cash reserves to fund this additional expenditure. This ordinance to the Common Council at its Committee meeting and at the public hearing will be presented by either Don Inks or Gregg Zientara. Gregg DPentara Controller fyr the City of South Bend F&,d In Clerk' Offfice JUL 2 1 2010 vc���i�� CITY Ctl iIK, � , KN1), ifs, ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $57,027.00 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND (No. 408) IN 2010 FOR ADDITIONAL COSTS OF THE NORTHEAST TRIANGLE DEVELOPMENT PROJECT STATEMENT OF PURPOSE AND INTENT On December 14, 2009. as part of the 2010 capital budget, the Common Council of the City of South Bend passed Ordinance No. 9993 -09 which appropriated $410,000.00 in the Economic Development Income Tax (EDIT) Fund (No. 408) for the Northeast Triangle Development Project. The purpose of the funding was to provide for the acquisition and demolition of eight units from the South Bend Housing Authority as part of an overall project to provide new housing in the proposed Eddy Knolls development area. It is now necessary to increase that appropriation by $57,027.00 due to the discovery of asbestos covering the walls in six of the eight units. Higher demolition and abatement standards apply which will increase projected demolition costs. The EDIT Fund has sufficient cash reserves to pay for this additional appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I: The sum of $57,027.00 is appropriated from and set apart within Economic Development Income Tax Fund (No. 408) for additional remediation costs of the Northeast Triangle Development Project. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Council SOft of this b {3 is F;n y t) proWV Can opportunity u4w -ic ho;' 8 Presented by me to the Mayor of the City of South Bend, Indiana on the day of 7 2 , at o'clock m, City Clerk Approved and signed by me on the —day of 2_, at —o'clock —m. Mayor, City of South Bend Ist P7AD[F7G' I PUBLIC,' lq!-AR,NG 3rd RE,6,D!,k4G NOT APPROYM REFERREP PASSW ij; COUNTY -CITY BUILD #NG 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 �r 186 PHONE 574- 235 -9296 FAX 574 - 235 -9928 CITY OF SOUTH BEND STEPHEN J. t_UECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER July 21, 2010 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance Approving Budget Transfers for various Departments within the City of South Bend Dear President Dieter: Unforeseen circumstances, not contemplated in the original budget, have developed since the Common Council adoption of the 2010 budget in Common Council Ordinances #9956 -09, #9957 -09, and #9993 -09, which necessitates the increase and reduction of appropriations within various departments of the General Fund and of other funds of the City of South Bend. Attached you will find the ordinance for this purpose and attachment providing details to all requested budget increases and reductions. The net dollar appropriation of this ordinance is zero dollars. The attachment detail is incorporated into the ordinance itself and made a part thereof. This ordinance to the Common Council at its Committee meeting and at the public hearing will be presented by Gregg Zientara. Sincerely !!w Gregg D. i n {a Controller f the City of South Bend jrm j L ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2010 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances ##9956 -09, #9957 -09, #9992 -09 and #9993 -09) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2010. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Co cil of this b l $9 on!y to e ml va i Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of , 2010, at o'clock m. Deputy City Clerk Approved and signed by me on the day of 2010 at o'clock . m. ' Mayor, City of South B 1 sr R- FADING 7 -�- � -( 6 PUG! IC HEARING 3 rd RFAU;I NOT APPROVED REFERRER PASSED to, Ppfn u lCrIk's Office F 7 , L E My cur,,,K, so, un, IR, L. CL W a. Ca LD t CL x ro 0 0 ro LL ro 0. .o; 405 0; s-� l -00- 2 ol V-E t! � �E I -E ; 1.;P� , , ! j I s�5 E� Do� c E� 1 4E, 20 m M-C so� z i 2;dl S.: � , I I a -a-, ;,E, i 4:1:E�MLIR:ji 0 i ; �-, , � IC E- taj O go vo:,S, µJ aZ I Elio. �-gi,g� -0 Rl IM fS, 0 E V ! µ_ :-S, � I i �, 3 j I — - -v t E & zo E fiCE L. 12! ��i Ar-lki —EV -cgl 1a0 ; T: � , , ! - �:E ?'jr S. All gt IP 3� Iv 7 0 0 -EI R 14 E 2 C-E- 1 E- -AHOP".1, o O o O0r -oo r'1 -M 0 0 0 0 0 1-TMpr p 4 o pr7; I p 0 0 C-! ' 0 0 i °o r ; o °o 0 ' °p ;-.!2 sli °olf7 ; pC) ! 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JUL 2 �o 0: 1 ����j /��� fts / }�� ��� � / � 7 � �: { El E. 75 E,E, ci E � � )� ����` C51 |] |a® §ƒL \�§ k� \�;�� CL -1 0 IL 13 ®!¥:;7:'�} c o CL c ps LL. am iE E-� cc k /.1�: m \ / J.2 �s Cf) 1H: 01 > JUL 2 COUNTY -CITY BUIDING 227W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 July 21, 2010 CITY OF SOUTH BEND STEPHEN J. I_uECKE, MAYOR OFFICE: OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER Mr. Derek Dieter President, South Bend Common Council 4« Floor, County -City Building South Bend, IN 46601 PHONE 574 - 235 -9216 FAx 574- 235 -9928 6'-,�� PC, L��-w Re: Ordinance Approving Temporary Loan of $39,763.60 from Economic Development Income Tax Fund (#408) to allow Redevelopment Commission Acquisition of 25 Tax Sale Properties by the South Bend Redevelopment Commission TIF Airport Fund ( #324) Dear President Dieter: The Saint Joseph County Treasurer recently offered for sale a number of real estate properties on its tax sale list which, upon acquisition by the City Redevelopment Commission, are beneficial to the City's economic development projects in Ignition Park. The properties offered for sale of City interest, included 25 properties on Indiana Avenue adjacent to the south boundary of Ignition Park. The City through the Redevelopment Commission was able to acquire these properties at a total cost of $39,973.60, an average of $1,598.94 per property. Acquisition of these properties through the tax sale is estimated to save the Redevelopment Commission and the City $630,000 versus acquisition of these properties on the open market. At the time of the tax sale, the subject properties were not on the South Bend Redevelopment Commission 2010 property acquisition list, and could not be added to the South Bend Redevelopment Commission 2010 property acquisition list within the time frame prior to the property tax sale, necessitating the temporary use of monies from the City Economic Development Income Tax Fund (#408) in the aforementioned sum to secure the property acquisition, which is authorized by I.C. 36- 1 -8 -4. The sum of $39,973.60 was temporarily transferred by EDIT Fund ( #408) to the TIF Airport Fund ( #324) to secure the purchase. The South Bend Redevelopment Commission has subsequently approved the subject properties and added these to the 2010 property acquisition list, and has repaid the temporary loan to the EDIT Fund (#408). At the time of the initial transaction, the City approach was to transfer monies between funds, subject to repayment which would not require ordinance approval by the Common Council. Subsequent to the event, the City was advised by the State Board of Accounts, that the proper temporary loan transaction did in fact require ordinance approval by the Common Council. As such, this ordinance is submitted for Common Council approval. This ordinance to the Common Council at its Committee meeting and at the public hearing will be ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING TEMPORARY LOAN OF $39,763.60 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND ( #408) TO PAY FOR ACQUISITION OF 25 PROPERTIES BY THE SOUTH BEND REDEVELOPMENT COMMISSION WITHIN TIF REVENUE- AIRPORT FUND ( #324) STATEMENT OF PURPOSE AND INTENT The St. Joseph County Treasurer recently offered for sale a number of real estate properties on its tax sale list which are beneficial to South Bend's economic development projects, and which could not have been anticipated in advance of the actual sale listing. The South Bend Redevelopment Commission has acquired 25 of these properties at greatly reduced cost, a total of $39,973.60, or an average of $1,600.00 per parcel. At the time of tax sale, the properties were not on the South Bend Redevelopment Commission's 2010 acquisition list necessitating the temporary use of monies from Economic Development Income Tax Fund ( #408) in the sum of $39,973.60 to make the purchase, which is authorized by I.C. 36- 1 -8 -4. The sum of $39,973.60 temporarily transferred by EDIT Fund ( 4408) to TIF Revenue — Airport Fund ( #324) shall be returned promptly to EDIT Fund #408 in satisfaction of the inter -fund loan for acquisition of the tax sale properties. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section 1. The temporary use of $39,973.60 within Economic Development Income Tax Fund #408 to purchase the 25 tax sale properties described in this Ordinance is approved which temporary loan shall be repaid to Fund 4408 promptly by and from TIF Revenue - Airport Fund #324, and no later than December 31, 2010. Section III, This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: y�y� !,, i * It City Clerk UALNG NOT APPROYLD UFIRRED )ASSED Presented by me to the Mayor of the City of South Bend, Indiana on the ---day of , 2—, at o'clock M. City Clerk Approved and signed by me on the _day of at o'clock m. Mayor, City of South Bend ff V. 4 j i U 1. 2 1 X10 C7V rLEK SO, BEND, K a of the City Clerk John Voorde, City Clerk July 21, 2010 Members of the South Bend Common Council 4t1' Floor County -City Building South Bend, Indiana 46601 Re: Proposed Fee Adjustments for Temporary Residential Conditional Use Parking Permits Dear Council Members: This is the second year that all applications for temporary residential conditional use parking permits are handled by the Ordinance Violations Clerk. In 2009, there were: 148 permits issued for ten (l 0) or more spaces 235 permits issued for nine of fewer spaces In light of the 2009 City of South Bend Annual Business Licensing Report, fee adjustments are necessary in order for the city to continue to properly implement and enforce this ordinance. The attached ordinance makes certain fee adjustments; retains the 10% discount if applied and meeting the deadlines prior to the first home game; requires additional verification of ownership of property; requires a letter of consent from the landlord in landlord/tenant situations; and adds a provision that applications for such permits would not be taken prior to thirty (30) days before the first home football game of each season. The transfer of this process from the Controller's Office to the Ordinance Violations Clerk has gone very smoothly. Your favorable action on the proposed ordinance is requested. Thank you. Sincerely, A7 Winona Hays Ordinance Violations Clerk Attachment 455 County -City Building •227 W, Jefferson Blvd -South Bend, Indiana 46601 .5741235 -9221 -Pax 574/235 -9173 . TDD 5741235 -5567 Mary Beth Wisniewski Janice Talboom Winona Hays Chief Deputy Deputy Ordinance Violation Clerk Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 14 -56 OF THE SOUTH SENT) MUNICIPAL CODE MODIFYING THE FEES FOR TEMPORARY RESIDENTIAL CONDITIONAL USE PARKING PERMITS AND IMPROVING PROOF OF RESIDENCE REQUIREMENTS STATEMENT OF PURPOSE AND INTENT In 2007, the South Bend Common Council passed Ordinance No. 9785 -07 which created regulations addressing special events and lawn parking in residentially zoned areas. Those regulations have helped protect the quality of life in residential neighborhoods. They balance the rights of the residents with the rights of quiet enjoyment of the surrounding neighbors. The Council has continued to recognize that in limited situations, motor vehicle(s) may need to be parked on a temporary basis on residential laws. Regulations were therefore enacted which set forth a procedure permitted such limited temporary parking. In the course of the annual review conducted by the City Controller on fees, it has been determined that fee adjustments are required to capture the costs incurred by the City of South Bend in the implementation and enforcement of those regulations. This ordinance is believed to be in the best interest of the City of South Bend. C/lr"-u", L✓!e!'elv6,, /n W onk6mcl by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 14, Article 8, Section 14 -56 of the South Bend Municipal Code is amended read in its entirety as follows: Sec. 14 -56. Temporary Residential One -Day Conditional Use Parking Permit Procedures and Fees and Seasonal Conditional Use Lawn Parking Permits. (a) Application and pr oqf of residency; A person who desires to park or who desires to permit the parking of motor vchicle(s) on the nonpublic lawn area of a residentially zoned area must have a one - day conditional use lawn parking permit or a seasonal conditional lawn parking permit. Such person must complete an application, file it with the Office of the City Clerk, and pay a nonrefundable application fee of five dell r-s ($5 .00) twenty -five dollars ($25.00). The cost for each additional one -day conditional use lawn parking pen-nit thereafter shall be a nonrefundable application fee of five dollars ($5.091. Proof of residency for the subject property shall be required which lists the residential address for which the temporary residential special event one -day permit or a seasonal conditional lawn parking permit is requested. Acceptable documents include: Ordinance Amending Section 14 -56 of the South Bend Municipal Code Page 2 (1) Co of ro ert tax bill (2) Copy of a signed lease or real estate purchase agreement and letter from landlord Mroving lawn parking request; and (3) Indiana Driver's License. (3) r,,,.. mt etility bill. L > or (4) Cuffent bank statement whieh shows the stfeet address fer the pfoperty m. nquestion. A copy of such documentLss} tendered shall be attached to the registration form. {b} Nonrefundable fce fir parking less than ten (10) motor Vehicles: If the applicant meets the requirements of this section for parking less than ten (10) motor vehicles, the Office of the City Clerk shall issue a one -day conditional use lawn parking permit to the applicant, upon the payment of a nonrefundable fee of eiie dellaf {$1.00) three dollars ($3.00) per parking space. All such one -day permits shall be subject to the conditions set forth in this section. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (c) Nnnr .fundable fees.ibr parking less than ten (10) motor vehicles.for homme football season: A seasonal conditional lawn parking permit may be issued for an entire Notre Dame home football season by the Office of the City Clerk to qualifying applicants desiring to park less than ten (10) motor vehicles upon the payment of a nonrefundable fee of ene- doh -04) three dollars ($3.00} per parking space times the number of total home football games. All fees collected shall be deposited into the General Fund. (d) Additional documents and reviews when parking ten (10) or more motor Vehicles: Any person who applies for a one -day conditional use lawn parking permit or a seasonal conditional lawn parking permit seeking to park ten (10) or more motor vehicles must also provide a lot survey, site plan or similar legal document which shows the following; (1) Location of lot lines and structures; (2) Setback of parking spaces of at least five (5) feet from all structures and lot lines; (3) Lanes for ingress and egress to parking surfaces; and (4) The location of proposed parking spaces. The above - listed information shall be referred to the Department of Public Works, along with a copy of the proof of residency document and the completed applications form, for review and recommendation. The Department of Public Works shall determine the maximum amount of motor vehicles which may be safely parked at such locations based on the size of the lot, the information set forth on the tendered lot survey, site plan or similar legal document, and relevant public safety considerations. The Department of Public Works shall indicate the locations of the approved ingress and egress location(s) and any approved temporary ramp structures. All parking must comply with the approved document. Ordinance Amending Section 14 -56 of the South Bend Municipal Code Page 3 (e) Nonrefundable fees for parking ten (10) or more motor vehicles: If the applicant meets the requirements of this section for parking ten (10) or more motor vehicles, the Office of the City Clerk shall issue a one -day conditional use Iawn parking permit upon the payment by the applicant of a nonrefundable fee of fifty dollars ($50,00). All such one -day permits shall be subject to the conditions set forth in this .section. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (f) Nonrefundable fees for parking ten (10) or more motor vehicles for home,football season: A seasonal conditional lawn parking permit for an entire Notre Dame home football season may be issued by the Office of the City Clerk to qualifying applicants desiring to park ten (10) or more motor vehicles, upon the payment of a nonrefundable fee of fifty dollars $50.00 times the total number of home football games. Such fee shall be subject to a ten (10) percent discount if applied for, and is issued such a permit, prior to the first home football game of the season. A seasonal conditional lawn parking permit may be issued to qualifying applicants desiring to park ten (10) or more motor vehicles, upon the payment of a nonrefundable fee of fifty dollars ($50.00) times the number of remaining home football games, which shall not be subject to any fee discounts. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (g) Filing deadlines: No applications seeking a conditional use lawn parking permit for game day parking shall be taken after 12:00 noon on the Wednesday immediately prior to the game day. No thirty Mplications dasse in a the first home football law parking permit for game day parking shall be taken before conditional use { } y p otball ame of each season. (h) Permit required to he displayed: Conditional use lawn parking permit holders and the motor vehicle owners who have their vehicles properly parked at such location prominently displaying the permit in the inside front window of the residential building located thereon, or if there is no building said permit shall be prominently displayed separately; with such persons being exempt from the provisions of Section 14 -42 entitled "Parking Prohibited in Residential Lawn Areas" and the zoning regulations set forth in Sections 21 -02.11 and 21 -07.04 of the South Bend Municipal Code. (i) Exemptions: No conditional use lawn parking permits are required for parking on an approved driveway or parking space. 0) Violation./or parking on date other than date listed on permit: Any motor vehicle which is parked on the lawn of a residentially zoned area on a date other than the date listed on the conditional use lawn parking permit issued under this section shall be in violation of Section 14 -42. The owner of such a vehicle shall be subject to the penalties set forth in Section 14 -44, as well as applicable zoning provisions of Chapter 21 of the South Bend Municipal Code. (k) Restrictions: All owners of any residentially zoned area who were issued a conditional use lawn parking permit under this section shall not permit any vehicle to drive over an adjoining property during ingress or egress to their property. Ordinance Amending Section 14 -56 of the South Bend Municipal Code Page 4 (1) Sight distance and impeding traffic: Motor vehicles parked pursuant to this section shall not interfere with the sight distance required for safe driving on a street, nor may parking of any vehicle impede pedestrian and /or vehicular traffic. (m) Drilling over curbs: No person shall operate or park any motor vehicle on any portion of a lot in any residential district in a way requiring driving the motor vehicle over the curb instead of through a curb cut; unless temporary ramp structures have been specifically authorized and approved by the Department of Public Works to be used, as evidenced on the conditional use parking permit. Visual events of driving over a curb shall be evidence of a violation of this subsection, subjecting the person filing the application for the subject property being subject to a citation. (n) Repairing lawn ruts: All owners of any residentially zoned area who were issued a conditional use lawn parking permit under this section shall be required to repair all lawn ruts within thirty (30) days, weather permitting. All other lawn ruts must be repaired no later than April 30 of the following year. (o) Permit holder assumes all risk and peril: Any person issued a permit under this section assumes all risk or peril. Such person may be responsible for any and all physical loss or damages incurred which may result from any lawn parking on such person's property. The City of South Bend is free and harmless from any liability loss, costs, damages or expenses, including attorney fees and related expenses. (p) Citations: Any person violating any provision of this section shall be issued a citation for each violation by a Police Officer or a Code Enforcement Officer subjecting the violator to the penalty provisions set forth in Section 14 -58. Section II. Severability. If any part, section, subsection, sentence, clause or phrase in this Article is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Article. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor and legal publication. Member of the Common Coun al John Voorde, City Clerk Ordinance Amending Section 14 -56 of the .South Bend Municipal Code Page S Ar-edew-4rl by me to the Mayor of the City of South Bend, Indiana on the 2010, at o'clock .m. Janice Talboom, Deputy City Clerk n-*1? ),ver,/ zved- ,;e znf by me on the day of o 'clock M. sf READING -� - 0,0-�o US:.IC HEARING d' READING .Ui APPROVLD EFERRED ASS Stephen J. Luecke Mayor of the City of South Bend, Indiana i day of 2010, at AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite € 00 South Bend, Indiana 46601 (574) 235 -9554 FAx: (574) 235 -5541 July S, 2010 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Donald Schefineyer ABZA 7/7110 Dear Council Members: The above referenced petition of Donald Schefineyer was legally advertised on June 17, 2010. The Area Board of Zoning Appeals gave it a public hearing on July 7, 2010, at which time the following action was taken: Upon a motion by Mr. Hawley being seconded by Mr. Phipps and unanimously carried, the petition for Special Exception to allow a lounge and restaurant in a "MU" Mixed Use District, on property located at 702 E. Jefferson Blvd., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCB /cah k)\k 2{ /) ski{ £ \]j � § }k ! »!! E a 0 � C.0 / k « °» � 21.. . ^���\ ;m bv�\ \;; ~$ LL C) / »2 :e ;■ \\Iq }! ] � a £/ a j! srcels County Parcels Rec PARCELID NAME-1 MAILINGADD MAILINGCIT MAILIN MAILINGZI GSTA P 1 018 -5011 -0340 STRATABYS LLC 1713E,Iefferson� [SouthBend IIN 46fi17 PETERSEN THOMAS R 1018-5011-0350 & MARGARET 115 S St Peter St South Bend IN 4661 018- 6002 -0012 HACKER TIMOTHY J 1120 S Spring Mishawaka IN 4654 018 - 6002 -0014 HACKER TIMOTHY J 1120 S Spring Mishawaka IN A ZION UNITED CHURCH 018- 6002 -0018 IOFCHRIST 1715 E Wayne St South Bend IIN 1 4661 ZION UNITED CHURCH 018 -6002 -0029 JOF CHRIST 1715 E Wayne St South Bend IIN 1 4661 UNITED CHURCH OF 71018-6002-0020 CHRIST ZION CHURCH 715 E Wayne St South Bend 11N 46617 SCHEFMEYER DONALD 300 S Saint Louis 81018-60)02-0017 H Blvd Ste 102 South Bend IIN 46617 9 018-6001 -0002 CITY OF SOUTH BEND UNITED CHURCH OF 10 018-6002- 0019 CHRIST ZION CHURCH 1715 E Wayne St South Bend € 1 4661 UNITED CHURCH OF 111018-6002 -0030 CHRIST ZION CHURCH 715 E Wayne St South Bend IIN 1 4661 ZION UNITED CHURCH 22 018- 6002 -0024 OF CHRIST 715 E Wayne St South Bend IN 46617 ZION UNITED CHURCH 23 018 - 6002- 001801 OF CHRIST 715 E Wayne St. South Bend fN 46617 UNITED CHURCH OI= 24018-6002-0028 CHRIST ZION CHURCH 1715 E Wayne St South Bend IN 46617 ZION UNITED CHURCH 1IN 25 018- 6002 -0027 OF CHRIST 715 E Wayne St South Bend 46617 RADIOLOGY REALTY % 1121 S St Louis 26 018 -5011 -0327 IX RAY CONSULTANTS Blvd Isouth Bend IN 46617 MICHAELS JEROME E 27 018 -5011 -0339 AND MARY L 116 S St Louis BI South Bend IN 46617 IRADECKI RONALD P & 1123 28 018 - 5011 -0351 KAY K S St Peter St South Bend IN 46617 CLEARWATER KENNETH R AND 609 E Jefferson 29 018 - 5011 -0319 JOYCE J Blvd South Bend fN 46617 ADAMO ANTHONY P TRUSTEE OF'THE ANTHONY P ADAMO REVOCABLE TRUST 301018-5011-0329 IFOR LIFE P 0 Box 611 South Send fN 46624 ADAMO ANTHONY P TRUSTEE OF THE ANTHONY P ADAMO REVOCABLE TRUST 311018-5011-0330 FOR LIFE P 0 Box 611 South Bend IN 46624 CLEARWATER KENNETH R AND 32 018 - 5011 -0320 JOYCE J 613 E Jefferson South Bend IN 46617 RADECKI RONALD P & 33 018 -5011 -0352 KAY K 1123SStPeterSt South Bend IN 46617 ITOEPP ROSEMARY KATHLEEN TOEPP 34 018 -5011- 035501 NEUHOFF 727 E Jefferson South Bend IN 46617 CLEARWATER KENNETH RAND 35 018- 5011 -0315 JOYCE J 116 S HILL ST South Bend IN 46617 RUBIN IRWIN SPOUSE &apos;S TRUST W /GERTRUDE AS TRUSTEE 1/2 & GERTRUDE RUBIN 112 361018-5011-0328 IINT 51288 Golfview Ct lGranger JIN 46530 6!�� , �0 0,, RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 7055 Cleveland Rd. AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR PATTERSON LOGISTICS SERVICES, INC. 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 commonly known as 7055 Cleveland Rd. , South Bend, Indiana., and which is more particularly described as follows: Lot numbered Two (2) as shown on the recorded plat of Kidder's Olive Road Minor Subdivsion, recorded April 17, 1 998 as Document Number 981 8752 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Number 71- 03- 19-300- 003 -000 -009 or 025 - 1011 - 018601, be designated as an Economic Revitalization Area; 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 1. 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 Real property tax abatement only and is limited to two (2) 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 a period of seven (7) years, 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 se q. 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. NOT APPR,OAd i Member of the Common Council at o . � s t=�,' 'J'A In Clei s 2 1 2010 CITY CL�R, 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 Personal property tax abatement only and is Iimited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION 11. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sec 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. PRESENTED 140t: APPROiEDi ADOPTED Member of the Common C uncil SOK Gourd idw 00 - Fief I�n C1erk' l i GO J��. 2 1 20 10 L Z CITY CLE'r K, SO, BE W), IN. - RESOLUTION NO. 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 902 N. ST. PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR PATRICK PERRELLA WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 902 N. St. Peter Street, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot #130A of the Plat of "Sorin's Second Addition Fifth Replat" Subdivision recorded by Document No. 0809811 in the Records of the St. Joseph County, Indiana Recorder's Office. Containing 0.38 acres more or less. Subject to all legal highways, easements & restrictions of record. and this property has Tax Key Number 18 -5107 -3786, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 e_ t seg., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1- 12.1, et seq., and South Bend Municipal Code Sections 2 -76, et se q., and has further prepared B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. 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. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. 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 IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. 3 SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. NOT APPROVW, ADOPT Member of the Common C4LCH cotn Filed In dark's Office AUG - 4 4 CITY SE-,Nn, -IN 1200 Cowry -Cry BuwNc 227 W JEFPERSON BOULEVARD SouTH BEND, 1NDLANA 46601 -1830 July 15, 2410 NoNE5741235 -9371 FAx 5741235 -9021 TDD 5741235 -5567 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR C®MMuNiTy ECONOMIC EVEL®PMENT JEFFREY V. GIBNEY ExEcunw DIRECT OR Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Perrella, Patrick. Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Patrick Perrella to build a single - family home at 902 N St. Peter Street. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build a single- family home at a cost of $630,000. The project meets the qualifications for a (5) five -year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, August 9, 2010. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me -at 235 -5835. Sincerely, 0 Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeffrey Gibney CommuNl"I'Y DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PA6IULA C. MEYER DONALD E. INKS MANAGEMENT 574!235 -9660 5741235 -9371 FLIZABETH LEONARD FAx: 574/235 -9697 5741235 -9371 TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: PATRICK PERRELLA DATE: July 15, 2010 On July 14, 2010, a petition for residential tax abatement consideration for real property located at 902 N. St. Peter Street was filed with the City Clerk by Patrick Perrella. Pursuant to Chapter 2, Article 6, Section 2 -77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Patrick Perrella intends to construct an approximate 3,350 square foot, two story single - family home as his primary residence. The home will have four bedrooms, four baths, two half baths, a front porch, a finished basement and a two -car garage. The project is part of the Notre Dame Avenue Housing Program and as such will follow the design specifications and standards required by that program. The cost of the home will be approximately $630,000. Total taxes to be abated during the (5) five -year abatement period are estimated at $ . Total taxes to be paid during the (5) five -year abatement period are estimated at $ . South Bend Common Council RE: Perrella, Patrick July 15, 2010 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Northeast Neighborhood Development Area, which is a Tax Incremental Allocation Area; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is required. In addition, it must be noted that the property is not located within the Northeast Neighborhood's residential TIF area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year residential tax abatement under Section 2 -77.1, Single Family Residential Construction. 5 YEAR 23- Jul -10 PATRICK PERRELLA South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (% AV of cost) ��§$a 0°iaz LAND ValueDQU Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value a eea as Total Taxes Tax Abated ** Tax Paid * ** 535,500.00 535,500.00 535,500.00 10,000.00 NIA NIA 545,500.00 535,500.00 535,500.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (175,175.00) (175,175.00) (175,175.00) 322,325.00 312,325.00 312,325.00 Less Maximum Abatement Deduction NIA NIA (74,880.00) Less Non - Abated Amount NIA (237,445.00) NIA Plus Land Assessed Value NIA NIA 10,000.00 Net Assessed Value 322,325.00 74,880.00 247,445.00 Property Taxes: 7,085.00 378.67 6,706.33 Assume constant tax rate of 4.4598% 4.4598% 4.4598% Gross Tax (tax rate x net assessed value) 14,375.05 3,339.50 11,035.55 Less State & County Homestead Credit: 18.6246% (2,677.30) (621.97) (2,055.33) Tax Due Before Circuit Breaker 11.,697.75 2,717.53 8,980.22 Less Circuit Breaker Credit (4,612.76) (2,338.86) X2,273.90) Net Tax 7,085.00 378.67 6,706.33 Circuit Breaker Cap Circuit Breaker 1.0000% 5,455.00 5,355.00 5,455.00 Debt Service 0.5057% 1,630.00 378.67 1,251.33 Circuit Braker Cap 7,085.00 5,733.67 6,706.33 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates, * *Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. ** *Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 322,325.00 7,085.00 378.67 6,706.33 2 322,325.00 7,085.00 378.67 6,706.33 3 322,325.00 7,085.00 378.67 6,706.33 4 322,325.00 7,085.00 378.67 6,706.33 5 322,325.00 7,085.00 378.67 6,706.33 6 year totals: 35,424.99 1,893.34 33,531.65 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates, * *Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. ** *Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE PATRICK PERRELLA *Current tax levy "Additional tax revenue from new investment LAND` BUILDING" TOTAL Year 1 $308 $6,706 $7,014 Year 2 $308 $6,706 7,014 Year 3 $308 $6,706 7,014 Year $308 $6,706 7,014 Year 5 $308 $6,706 7,014 Total $1,540 $33,530 $35,070 *Current tax levy "Additional tax revenue from new investment STATEMENT OF BENEFITS e REAL ESTATE IMPROVEMENTS 20 _PAY20 State Form 51767 (R21 1 -07) FORM SBA / Real Property Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): El Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.1 -4) © Eligible vacant building (IC 6- 1.1- 12.1 -4,8) 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 an Economic Revitalization Area. 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. Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to InlNaiion of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERAIRE or Fort 322 ERAIM, Whichever is applicable, must be tiled with the County Auditor by the later of- (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF- 1/Real Property annually to the application to show compliance with the Statement of Benefits. 11C 6-1.1- 12.1- 5.1(b) and IC 6 -1. f- 12.1 5.3U1 S. The schedules established under 1C 6 -1.1- 12.1 -4(d) for rehabilitated property and under !C 6 -1.1 -12.1- 4.6(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall July 1, 2000. cant<nue to apply to a statement of benefits filed before Name of taxpayer ss of taxpayer (number and street, city, state, and ZIP code) )660 WoodbunLWay, Granger, IN 46530 of contact person Telephone number atrick Perrella (212) 495 -9196 of South Bend Common Council County Bescri tion of real roe improvements, e t if 902 N. St. Peter Street p property rtY p ,redevelopment, or rehabilitation {use addrtiona! sheets H Clearance of site and construction of a single family home. Current number [Salaries Number retained NOTE: Pursuant to IC 6 -1A- 12.1.5.1 (d) (2) the COST of the property Is confidential. Current values Pius estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project Estimated solid waste converted (pounds) Other benefits Satafts REAL COST E -mail address Resolution number DLGF taxing district number Estimated start date (month, day, year) Estimated completion date (month, day, year) 03/30/2011 Number additional Salaries Estimated hazardous waste Replacement of sidewalk and curb where required and paving of that the Signature this statement are true. Title Page 1 of 2 TE VALUE We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under 1C 6-11-12.1, 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 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 ❑ Yes ❑ No 3. Occupancy of a vacant building ❑ Yes © No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years* (see below). 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 title of authorized member of designating body) Telephone number. I Date signed (month, day, year) Attested by (signature and We ofattester) Designated body * If the designating body limits the time period during which an area is an economic revitalization area, it does not lim€t the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.12 - 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), slx (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. HeA In ClOrk's Off!" 2 4 1 010 Ed JDF!, v > CITY Gl.r r; fife. 6cPa�J, IN, Page 2 of 2 CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, Iocated 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 1.C., 61.1- 12.1 -1, et sea.. and South Bend Municipal Code Sec. 2.76 et sea.. for this petition states the following: 1. Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): I will be building a 2 st single family as m rima residece. I antic approximate the house will be square feet with bedrooms and 4 baths and 2 half baths. It will include a front yorch, a two car gLrage, and a finished basement. As a current resident of Cla Townshi affiliated with the Universi of Notre Dame it is important to me to live in the ci of South Bend and close to work. I feel this is an environmental l res onsible choice that also allows me to take full advantage of both the events and amenities the city and University have to offer. 2. Estimate the dollar value of the construction project (do not include land cost): L61Q,000. 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest Patrick Perrella 50660 Woodbuiy Way 100% Granger, IN 46530 4. The commonly known address of the Property is: 902 N. St. Peter Street and having tax key no.: 01&5107,3786. 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein, 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. The current assessed valuation of the property before construction is 12 000. 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): 2009 - $ 308.40 200$_- $ 180.34 (This information may be obtained from the St. Joseph County Treasurers office, 235.9531) 10. What is your best estimate of the after completion market value of the property: $ 650,000 I1. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St, Joseph County Housing Consortium, or other public financial assistance, including but not limited to public works improvements: None 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: In the midst of one of the most daffrcult real estate markets in ears I am lannin to build a new home on a vacant tot which has been undevelo ed for at least two years with a home that is art of the Notre Dame Avenue Housing Program, followiniz the com fete desi specifications and standards. It is m desire to be art of the redevelo ment and re entrification initiatives that have been owin on Notre Dame Avenue for the last six years. This commitment to the communi contributes Positively to the overall plaris for development in that area and for South Bend as a whole. At the same time, I will be selling my existing_ home in Clay Township. 14. The current use of the property is residential and the current zoning is S1`2 (use). (This information may be obtained from the Building Department 235,9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission); North East Neighborhood 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name Patrick T. Perrella Address 50660 Woodbury Way City, State, Zip Granger. IN 46530 Telephone 212 -495 -9196 WHEREFORE, Petitioner has paid the required fee of $50.00 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. Name of Property Owner(s): Patrick T. Perrella By: :ature) Patrick T. Perrella - Homeowner 2 Exhibit A Le a1. Description THAT PART OF THE NORTHEAST QUARTER OF SECTION 1 TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS LOT # 130 A OF THE PLAT OF "SORIN'S SECOND ADDITION FIFTH REPLAT" SUBDIVISION RECORDED BY DOCUMENT NO. 0809811 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE CONTAINING .38 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS & RESTRICTIONS OF RECORD. 3 41,25' 40 II co I 111 '1 j . -1 C/L ST. 14' WIDE PUBLIC ALLEY 66-24' 4 66,24' 66.24' o C J�A co ILA IUD N 01'50'13" E 132.41' 66.21' T 66:21' w, .. ....... ... OD to > > ..... ........ 66-23' S OT 55'57- W 132.47' 14' WIDE PUBLIC ALLEY 66-24' 4 66,24' 66.24' o C J�A co ILA IUD T. - 31 &Fkr CAW come i E Pokagors'S1 E Attela Blv�f Ed ison Rd 1D • � �+ 91vd T � � '� z a c LA St Vincent St ti :` - - =:: — = ^ a v,t� = r< µ ore pr Howard St �.. _..: , n ` Hawa (d St L ._ . Of(Yy -130 .._... _. _ Ilpj k ..� lSalorarita St.", rtAve z I _ _ B1s H St.. - a = m SorinSt - E Hdy rs� Sl c w ro 933 RiieyPt of 4 Miner = - Muter St ` `� I E Marion j L r1 -Cedar 51 31 St a'a I ' EM adiso n 1 x ��� �. a -,�_ St y Z ... E Madlwn St = == McKin4e Ave - _.. tic E la Sall!Atrl -._ -- � LutherC� 1000' ' iYahvoia data tilA l �Aiig When using any driving directions or snap, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. oc y. © � � � d Exhibit C Continued LooKing south down alley towards Corby. Oaaewatx along Uorby looking West from alley. ..v lis wr-DL a410ss Site trOm alley. 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -8813 August 3, 2010 Derek Dieter, President City of South Bend Common Council Fourth Floor, County -City Building 227 W. Jefferson Boulevard South Bend, IN 46601 RE: Floodplain Ordinance Amendment Dear Mr. Dieter: The Federal Emergency Management Agency recently completed re- mapping the Special Flood Hazard Areas of the City of South Bend. The study also included new flood plain regulations. if the City wants to continue to be part the National Flood Insurance Program., both the new maps and the new regulations must be adopted by the City by January 6, 2011. Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this ordinance is to bring the City's floodplain regulations into compliance with new state and federal regulations that will be effective January 6, 2011. By reference, the ordinance will also adopt the new maps. The ordinance has been reviewed by the Indiana Department of Natural Resources. Please place this proposed ordinance on the August 9 2010, Common Council agenda for first reading. The Area Plan Commission will hear this ordinance on August 17, 2010. If you have any questions, please feel free to contact me. Sincerely, Fflcd 3M 1 e11K,' Off lCO AUG d3210 vc Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING AND REPLACING CHAPTER 21, ZONING, ARTICLE 12, FLOODPLAIN REGULATIONS IN ORDER TO ADOPT THE MOST RECENT FEDERAL AND STATE REQUIREMENTS. STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 21 of the South Bend Municipal Code, Article 12, Floodplain Regulations to reflect changes in the Indiana Code. The Common Council of the City of South Bend recognizes its duty to enact amendments to the Floodplain Regulations in order to continue to qualify for participation in the National Flood Insurance Program. The Common Council further recognizes that a new study of the flood -prone areas in the City of South Bend, Indiana, has been prepared and published by the Federal Emergency Management Agency, and identifies the floodplains, floodways and floodway fringe areas within the City in conjunction with the National Flood Insurance Program, Now, Therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. That CHAPTER 21, ARTICLE 12, FLOODPLAIN REGULATIONS, be deleted in its entirety. Section 2. That CHAPTER 21, ZONING, of the MUNICIPAL CODE of the City of South Bend, Indiana, be amended by adding the following new ARTICLE: ARTICLE 12. FLOODPLAIN REGULATIONS SECTION 21 -12 FLOODPLAIN REGULATIONS (a) Statutory Authorization, Findings of Fact, Purpose, and Objectives (1) Statutory Authorization. The Indiana Legislature has in IC 36 -7 -4 and IC 14 -28 -4 granted the power to local government units to control land use within their jurisdictions. Therefore, the Common Council of City of South Bend, Indiana does hereby adopt the following floodplain management regulations. (2) Findings of Fact. (A)The flood hazard areas of the City of South Bend, Indiana are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (B) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood - proofed, or otherwise unprotected from flood damages. (3) Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (A) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities; (B) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (C) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (D) Control filling, grading, dredging, and other development which may increase erosion or flood damage; (E) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and, (F) Make federally subsidized flood insurance available for structures and their contents in the City of South Bend, Indiana by fulfilling the requirements of the National Flood Insurance Program. (4) Objectives. The objectives of this ordinance are: (A) To protect human life and health; (B) To minimize expenditure of public money for costly flood control projects; Page 2 of 31 (C) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (D) To minimize prolonged business interruptions; (E) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in floodplains; (F) To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas, and; (G) To ensure that potential homebuyers are notified that property is in a flood area. (b) Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. In addition to the definitions contained in Article 12 — Definitions, the following definitions shall apply to the Floodplain Regulations of this Chapter. (1) A zone means portions of the SFHA in which the principal source of flooding is runoff from rainfall, snowmelt, or a combination of both. In A zones, floodwaters may move slowly or rapidly, but waves are usually not a significant threat to buildings. These areas are labeled as Zone A, Zone AE, Zones AI -A30, Zone AO, Zone AH, Zone AR and Zone A99 on a FIRM or FHBM. The definitions are presented below: Zone A: Areas subject to inundation by the one - percent annual chance flood event. Because detailed hydraulic analyses have not been performed, no base flood elevation or depths are shown. Mandatory flood insurance purchase requirements apply. Zone AE and AI -A30: Areas subject to inundation by the one - percent annual chance flood event determined by detailed methods. Base flood elevations are shown within these zones. Mandatory flood insurance purchase requirements apply. (Zone AE is on new and revised maps in place of Zones Al -A30.) Zone AO: Areas subject to inundation by one - percent annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply. Zone AH: Areas subject to inundation by one - percent annual chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Page 3 of 31 Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply. Zone AR. Areas that result from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide base flood protection. Mandatory flood insurance purchase requirements apply. Zone A99: Areas subject to inundation by the one - percent annual chance flood event, but which will ultimately be protected upon completion of an under- construction Federal flood protection system. These are areas of special flood hazard where enough progress has been made on the construction of a protection system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. Zone A99 may only be used when the flood protection system has reached specified statutory progress toward completion. No base flood elevations or depths are shown. Mandatory flood insurance purchase requirements apply. (2) Accessory structure (appurtenant structure) means a structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal initial investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds. (3) Addition (to an existing structure) means any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load - bearing wall other than a f rewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load - bearing walls, is new construction. (4) Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this ordinance or a request for a variance. (5) Area of shallow flooding means a designated AO or AH Zone on the community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. (6) Base Flood Elevation (BFE) means the elevation of the one - percent annual chance flood. (7) Basement means that portion of a structure having its floor sub -grade (below ground level) on all sides. (8) Building - see "Structure.' Page 4 of 31 (9) Community means a political entity that has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction. (10) Community Rating System (CRS) means a program developed by the Federal Insurance Administration to provide incentives for those communities in the Regular Program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding. (11) Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. (12) Development means any man -made change to improved or unimproved real estate including but not limited to: (A) construction, reconstruction, or placement of a structure or any addition to a structure; (B) installing a manufactured home on a site, preparing a site for a manufactured home or installing recreational vehicle on a site for more than 180 days; (C) installing utilities, erection of walls and fences, construction of roads, or similar projects; (D) construction of flood control structures such as levees, dikes, dams, channel improvements, etc.; (E) mining, dredging, filling, grading, excavation, or drilling operations; (F) construction and /or reconstruction of bridges or culverts; (G) storage of materials; or (H) any other activity that might change the direction, height, or velocity of flood or surface waters. "Development" does not include activities such as the maintenance of existing structures and facilities such as painting, re- roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent structures. (13) Elevated structure means a non - basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, filled stem wall foundations (also called chain walls), pilings, or columns (posts and piers). Page 5 of 31 (14) Elevation Certificate is a certified statement that verifies a structure's elevation information. (15) Emergency Program means the first phase under which a community participates in the NFIP. It is intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM. (16) Encroachment means the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. (17) Existing Construction means any structure for which the "start of construction" commenced before the effective date of the community's first floodplain ordinance. (18) Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the community's first floodplain ordinance. (19) Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). (20) FEMA means the Federal Emergency Management Agency. (21) Five - hundred year flood (500 -year flood) means the flood that has a 0.2 percent chance of being equaled or exceeded in any year. (22) Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source. (23) Flood Boundary and Floodway Map (FBFM) means an official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway. (24) Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by FEMA, where the boundaries of the areas of special flood hazard have been identified as Zone A. Page 6 of 31 (25) Flood Insurance Rate Map (FIRM) means an official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (26) Flood Insurance Study (FIS) is the official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface elevation of the base flood. (27) Flood Prone Area means any land area acknowledged by a community as being susceptible to inundation by water from any source. (See "Flood ") (28) Flood Protection Grade (FPG) is the elevation of the regulatory flood plus two feet at any given location in the SFHA. (see "Freeboard ") (29) Floodplain means the channel proper and the areas adjoining any wetland, lake, or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the fringe districts. (30) Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. (31) Floodplain management regulations means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood -prone areas. This term describes federal, state, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodplain management regulations are also referred to as floodplain regulations, floodplain ordinance, flood damage prevention ordinance, and floodplain management requirements. (32) Floodproofing (dry floodproofmg) is a method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces. (33) Floodproofing certificate is a form used to certify compliance for non - residential structures as an alternative to elevating structures to or above the FPG. This certification must be by a Registered Professional Engineer or Architect. (34) Floodway is the channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream. Page 7 of 31 (35) Freeboard means a factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood. (36) Fringe is those portions of the floodplain lying outside the floodway. (37) Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long -term storage, manufacture, sales, or service facilities. (38) Hardship (as related to variances of this ordinance) means the exceptional hardship that would result from a failure to grant the requested variance. The South Bend Common Council requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. (39) Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure. (40) Historic structure means any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures. (41) Increased Cost of Compliance (ICC) means the cost to repair a substantially damaged structure that exceeds the minimal repair cost and that is required to bring a substantially damaged structure into compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are elevation, relocation, demolition, or any combination thereof. All renewal and new business flood insurance policies with effective dates on or after .Tune 1, 1997, will include ICC coverage. (42) Letter of Map Amendment (LOMA) means an amendment to the currently effective FEMA map that establishes that a property is not Iocated in a SFHA. A LOMA is only issued by FEMA. (43) Letter of Map Revision (LOMR) means an official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations. (44) Letter of Map Revision Based on Fill (LOMR -F) means an official revision by letter to an effective NFIP map. A LOMR -F provides FEMA's determination concerning Page 8 of 31 whether a structure or parcel has been elevated on fill above the BFE and excluded from the SFHA. (45) Lowest adjacent grade means the lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure. (46) Lowest floor means the lowest of the following: (A) the top of the lowest level of the structure; (B) the top of the basement floor; (C) the top of the garage floor, if the garage is the Iowest Ievel of the structure; (D) the top of the first floor of a structure elevated on pilings or pillars; (E) the top of the first floor of a structure constructed with a crawl space, provided that the lowest point of the interior grade is at or above the BFE and construction meets requirements of (F)(i).; or (F) the top of the floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of flood waters unless: the walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs for complying with this requirement must either be certified by a professional engineer or architect or by providing a minimum of two openings (in addition to doorways and windows) having a total net area of one (1) square inch for every one square foot of enclosed area. The bottom of all such openings shall be no higher than one (1) foot above grade and shall be located entirely below the BFE; and, ii. such enclosed space shall be usable solely for the parking of vehicles and building access. (47) Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." (48) Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Page 9 of 31 (49) Map amendment means a change to an effective NFIP map that results in the exclusion from the SFHA of an individual structure or a legally described parcel of land that has been inadvertently included in the SFHA (i.e., no alterations of topography have occurred since the date of the first NFIP map that showed the structure or parcel to be within the SFHA). (50) Map panel number is the four -digit number followed by a letter suffix assigned by FEMA on a flood map. The first four digits represent the map panel, and the letter suffix represents the number of times the map panel has been revised. (The letter "A" is not used by FEMA, the letter "B" is the First revision.) (51) Market value means the building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value), or adjusted assessed values. (52) Mitigation means sustained actions taken to reduce or eliminate long -term risk to people and property from hazards and their effects. The purpose of mitigation is two fold: to protect people and structures, and to minimize the cost of disaster response and recovery. (53) National Flood Insurance Program (NFIP) is the federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the Federal Government and the private insurance industry. (54) National Geodetic Vertical Datum (NGVD) of 1929 as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. (55) New construction means any structure for which the "start of construction" commenced after the effective date of the community's first floodplain ordinance. (56) New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the community's first floodplain ordinance. (57) North American Vertical Datum of 1988 (NAVD 88) as adopted in 1993 is a vertical control datum used as a reference for establishing varying elevations within the floodplain. (58) Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, Ievee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its Page 10 of 31 propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. (59) One - hundred year flood (100 -year flood) is the flood that has a one percent (1%) chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the one - percent annual chance flood. See "Regulatory Flood ". (60) One - percent annual chance flood is the flood that has a one percent (1 %) chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the one - percent annual chance flood. See "Regulatory Flood ". (6 1) Participating community is any community that voluntarily elects to participate in the NFIP by adopting and enforcing floodplain management regulations that are consistent with the standards of the NFIP. (62) Physical Map Revision (PMR) is an official republication of a community's FEMA map to effect changes to base (1- percent annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and plammetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs. (63) Post -FIRM construction means construction or substantial improvement that started on or after the effective date of the initial FIRM of the community or after December 31, 1974, whichever is later. (64) Pre -FIRM construction means construction or substantial improvement, which started on or before December 31, 1974, or before the effective date of the initial FIRM of the community, whichever is later. (65) Probation is a means of formally notifying participating communities of violations and deficiencies in the administration and enforcement of the local floodplain management regulations. (66) Public safety and nuisance, anything which is injurious to the safety or health of an entire community, neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. (67) Recreational vehicle means a vehicle which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self - propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use. (68) Regular program means the phase of the community's participation in the NFIP where more comprehensive floodplain management requirements are imposed and Page 11 of 31 higher amounts of insurance are available based upon risk zones and elevations determined in a FIS. (69) Regulatory flood means the flood having a one percent (1 %) chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the .Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in 21 -12 (c) 3 of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood ", "One- Percent Annual Chance Flood ", and "100 -Year Flood ". (70) Repetitive loss means flood- related damages sustained by a structure on two separate occasions during a I0 -year period ending on the date of the event for which the second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25% of the market value of the structure at the time of each such flood event. (71) Section 1316 is that section of the National Flood Insurance Act of 1968, as amended, which states that no new flood insurance coverage shall be provided for any property that the Administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or Iocal laws, regulations, or ordinances that intended to discourage or otherwise restrict Iand development or occupancy in flood -prone areas. (72) Special Flood Hazard Area (SFHA) means those lands within the jurisdictions of South Bend, Indiana subject to inundation by the regulatory flood. The SFHAs of South Bend, Indiana are generally identified as such on the St. Joseph County, Indiana and Incorporated Areas Flood Insurance Rate Map prepared by the Federal Emergency Management Agency, dated January 6, 2011. The SFHAs of those parts of unincorporated St. Joseph County that are within the extraterritorial jurisdiction of the City or that may be annexed into the City are generally identified as such on the St. Joseph County, Indiana and Incorporated Areas Flood Insurance Rate Map prepared by the Federal Emergency Management Agency and dated January 6, 2011. (These areas are shown on a FHBM or FIRM as Zone A, AE, Al- A30, AH, AR, A99, or AO). (73) Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement or permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footing, installation of piles, construction of columns, or any work beyond the stage of excavation for placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a Page 12 of 31 building, whether or not that alteration affects the external dimensions of the building. (74) Structure means a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days. (75) Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (76) Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "repetitive Ioss" or "substantial damage" regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of a "historic structure ", provided that the alteration will not preclude the structures continued designation as a "historic structure ". (77) Suspension means the removal of a participating community from the NFIP because the community has not enacted and/or enforced the proper floodplain management regulations required for participation in the NFIR (78) Variance is a grant of relief from the requirements of this ordinance, which permits construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship. (79) Violation means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation, other certification, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. (80) Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (8 1) Water surface elevation means the height, in relation to the North American Vertical Datum of 1988 (NAVD 88) or National Geodetic Vertical Datum of 1929 (NGVD) (other datum where specified) of floods of various magnitudes and frequencies in the floodplains of riverine areas. (82) X zone means the area where the flood hazard is less than that in the SFHA. Shaded X zones shown on recent FIRMS (B zones on older FIRMs) designate Page 13 of 31 areas subject to inundation by the flood with a 0.2 percent chance of being equalled or exceeded (the 500 -year flood). Unshaded X zones (C zones on older FIRMS) designate areas where the annual exceedance probability of flooding is Iess than 0.2 percent. (83) Zone means a geographical area shown on a FHBM or FIRM that reflects the severity or type of flooding in the area. (84) Zone A (see definition for A zone) (85) Zone B, C, and X means areas identified in the community as areas of moderate or minimal hazard from the principal source of flood in the area. However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is available in participating communities but is not required by regulation in these zones. (Zone X is used on new and revised maps in place of Zones B and C.) (c) General Provisions (1) Lands to Which This Ordinance Applies. This ordinance shall apply to all SFHAs and known flood prone areas within the jurisdiction of the City of South Bend, Indiana. (2) Basis for Establishing Regulatory Flood Data. This ordinance's protection standard is the regulatory flood. The best available regulatory flood data is listed below. Whenever a party disagrees with the best available data, the party submitting the detailed engineering study needs to replace existing data with better data and submit it to the Indiana Department of Natural Resources for review and approval. (A) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs of South Bend, Indiana shall be as delineated on the 100 year flood profiles in the Flood Insurance Study of St. Joseph County, Indiana and Incorporated Areas dated January 6, 2011 and the corresponding Flood Insurance Rate Map prepared by the Federal Emergency Management Agency and dated January 6, 201 L (B) The regulatory flood elevation, floodway, and fringe limits for each of the remaining SFHAs of South Bend, Indiana delineated as an "A Zone" on the Flood Insurance Rate Map of St. Joseph County, Indiana and Incorporated Areas prepared by the Federal Emergency Management Agency and dated January 6, 2011 shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile (C) In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community's known flood prone areas shall be according to Page 14 of 31 the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile. (3) Establishment of Floodplain Development Permit. A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities in areas of special flood hazard. (4) Compliance. No structure shall hereafter be located, extended, converted or structurally altered within the SFHA without full compliance with the terms of this ordinance and other applicable regulations. No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this ordinance and other applicable regulations. (5) Abrogation and Greater Restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (6) Discrepancy between Mapped Floodplain and Actual Ground Elevations. (A) In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles shall govern. (B) If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly. (C) If the elevation (natural grade) of the site in question is above the base flood elevation, that site shall be considered outside the SFHA and the floodplain regulations will not be applied. The property owner should be advised to apply for a LOMA. (7). Interpretation. In the interpretation and application of this ordinance all provisions shall be: (A) Considered as minimum requirements; (B) Liberally construed in favor of the governing body; and, (C) Deemed neither to limit nor repeal any other powers granted under state statutes. (8) Warning and Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on available information derived from Page 15 of 31 engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this ordinance does not create any liability on the part of the City of South Bend, Indiana, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this ordinance or any administrative decision made lawfully thereunder. (9) Penalties for Violation. Failure to obtain a Floodplain Development Permit in the SFHA or failure to comply with the requirements of a Floodplain Development Permit or conditions of a variance shall be deemed to be a violation of this ordinance. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Code for St. Joseph County, Indiana. All violations shall be punishable by a fine not exceeding: See Section 21 -10(h) Enforcement - Fines for a schedule of fines. (A) A separate offense shall be deemed to occur for each day the violation continues to exist. (B) The City of South Bend Zoning Administrator shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended. (C) Nothing herein shall prevent the City of South Bend from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. (10) Increased Cost of Compliance (ICC). In order for buildings to qualify for a claim payment under ICC coverage as a "repetitive loss structure ", the National Reform Act of 1994 requires that the building be covered by a contract for flood insurance and incur flood - related damages on two occasions during a 10 -year period ending on the date of the event for which the second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25 percent of the market value of the building at the time of each such flood event. (d) Administration (1) Designation of Administrator The Common Council of the City of South Bend hereby appoints the Zoning Administrator to administer and implement the provisions of this ordinance and is herein referred to as the Floodplain Administrator. Page 16 of 31 (2) Permit Procedures Application for a Floodplain Development Permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically the following information is required: (A) Application stage i. A description of the proposed development; ii. Location of the proposed development sufficient to accurately locate property and structure in relation to existing roads and streams; iii. A legal description of the property site; iv. A site development plan showing existing and proposed development locations and existing and proposed land grades; v. Elevation of the top of the lowest floor (including basement) of all proposed buildings. Elevation should be in NAVD 88 or NGVD; vi. Elevation (in NAVD 88 or NGVD) to which any non - residential structure will be floodproofed; vii. Description of the extent to which any watercourse will be altered or related as a result of proposed development, and; (B) Construction stage Upon placement of the lowest floor; or floodproofing, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the NAVD 88 or NGVD elevation of the lowest floor or floodproofed elevation, as built. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular structure said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holders' risk. (The Floodplain Administrator shall review the lowest floor and floodproofing elevation survey data submitted.) The permit holder shall correct deficiencies detected by such review before any further work is allowed to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop -work order for the project. Page 17 of 31 (3) Duties and Responsibilities of the Floodplain Administrator The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this ordinance. The administrator is further authorized to render interpretations of this ordinance, which are consistent with its spirit and purpose. Duties and Responsibilities of the Floodplain Administrator shall include, but not be limited to: (A) Review all floodplain development permits to assure that the permit requirements of this ordinance have been satisfied; (B) Inspect and inventory damaged structures in SFHA and complete substantial damage determinations; (C) Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to Section (e) (5) and (e) (7) (A) of this ordinance, and maintain a record of such authorization (either copy of actual permit or floodplain analysis /regulatory assessment.) (D) Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit. Copies of such permits are to be maintained on file with the floodplain development permit; (E) Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse, and submit copies'of such notifications to FEMA; (F) Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Amendment (LOMA), Letters of Map Revision (LOMR), copies of DNR permits and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents, and "as- built" elevation and floodproofing data for all buildings constructed subject to this ordinance. (G) Utilize and enforce all Letters of Map Revision (LOMR) or Physical Map Revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community. (H) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood - carrying capacity is not diminished; (I) Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with Section (d) (2); Page 18 of 31 (J) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed, in accordance with Section (d) (2); (K) Review certified plans and specifications for compliance. (L)Stop Work Orders i. Upon notice from the floodplain administrator, work on any building, structure or premises that is being done contrary to the provisions of this ordinance shall immediately cease. ii. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. (M) Revocation of Permits i. The floodplain administrator may revoke a permit or approval, issued under the provisions of the ordinance, in cases where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. ii. The floodplain administrator may revoke a permit upon determination by the floodplain administrator that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this ordinance. (e) Provisions for Flood Hazard Reduction (1) General Standards In all SFHAs and known flood prone areas the following provisions are required: (A) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; (B) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over - the -top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces; (C) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG; Page 19 of 31 (D)New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage; (E) Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located the FPG; (F) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (G) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (H) On -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; (I) Any alteration, repair, reconstruction or improvements to a structure that is in compliance with the provisions of this ordinance shall meet the requirements of "new construction" as contained in this ordinance; and, (J) Any alteration, repair, reconstruction or improvement to a structure that is not in compliance with the provisions of this ordinance, shall be undertaken only if said non - conformity is not further, extended, or replaced. (K) Whenever any portion of the SFHA is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the BFE shall be compensated for and balanced by an equivalent volume of excavation taken below the BFE. The excavation volume shall be at Ieast equal to the volume of storage Iost (replacement ratio of 1 to 1) due to the fill or structure. L The excavation shall take place in the floodplain and in the same property in which the authorized fill or structure is located; ii. Under certain circumstances, the excavation may be allowed to take place outside of but adjacent to the floodplain provided that the excavated volume will be below the regulatory flood elevation, will be in the same property in which the authorized fill or structure is located, will be accessible to the regulatory flood water, will not be subject to ponding when not inundated by flood water, and that it shall not be refilled; iii. The excavation shall provide for true storage of floodwater but shall not be subject to ponding when not inundated by flood water; iv. The fill or structure shall not obstruct a drainage way leading to the floodplain; Page 20 of 31 v. The grading around the excavation shall be such that the excavated area is accessible to the regulatory flood water; vi. The fill or structure shall be of a material deemed stable enough to remain firm and in place during periods of flooding and shall include provisions to protect adjacent property owners against any increased runoff or drainage resulting from its placement; and, vii. Plans depicting the areas to be excavated and filled shall be submitted prior to the actual start of construction or any site work; once site work is complete, but before the actual start of construction, the applicant shall provide to the Floodplain Administrator a certified survey of the excavation and fill sites demonstrating the fill and excavation comply with this article. (2) Specific Standards In all SFHAs, the following provisions are required: (A)In addition to the requirements of Section (e) (1), all structures to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations: i. Construction or placement of any new structure having a floor area greater than 400 square feet; ii. Addition or improvement made to any existing structure: a. where the cost of the addition or improvement equals or exceeds 50% of the value of the existing structure (excluding the value of the land); b. with a previous addition or improvement constructed since the community's first floodplain ordinance. iii. Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to its before damaged condition equals or exceeds 50% of the market value of the structure (excluding the value of the land) before damage occurred; iv. Installing a travel trailer or recreational vehicle on a site for more than 180 days. v. Installing a manufactured home on a new site or a new manufactured home on an existing site. This ordinance does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and vi. Reconstruction or repairs made to a repetitive loss structure; Page 21 of 31 (B) Residential Construction. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor; including basement, at or above the FPG (two feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Section (e) (2) (D). (C) Non - Residential Construction. New construction or substantial improvement of any commercial, industrial, or non- residential structure (or manufactured home) shall either have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Section (e) (2) (D). Structures located in all "A Zones" may be floodproofed in lieu of being elevated if done in accordance with the following: A Registered Professional Engineer or Architect shall certify that the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall tape into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the official as set forth in Section (d) (3) (J). ii. Floodproofing measures shall be operable without human intervention and without an outside source of electricity. (D) Elevated Structures. New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG. Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade (crawlspaces or under -floor spaces) shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: L provide a minimum of two openings ( having a total net area of not less than one square inch for every one square foot of enclosed area; and ii. all openings shall be located entirely below the BFE; and Page 22 of 31 iii. the bottom of all openings shall be either: a. no more than one foot above the exterior grade immediately beneath each opening; or, b. no more than one foot above foundation's interior grade in structures where the interior grade is higher than the exterior grade; and iv. openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions; and v. access to the enclosed area shall be the minimum necessary to allow for parking for vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and vi. the interior portion of such enclosed area shall not be partitioned or finished into separate rooms; and vii. the interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade; and viii.the interior grade of a crawlspace must be at or above the base flood elevation; and ix. an adequate drainage system must be installed to remove floodwaters from the interior area of the crawlspace within a reasonable period of time after a flood event. x. Where elevation requirements exceed 6 feet above the highest adjacent grade, a copy of the legally recorded deed restriction prohibiting the conversion of the area below the lowest floor to a use or dimension contrary to the structure's originally approved design, shall be presented as a condition of issuance of the final Certificate of Occupancy. (E) Structures Constructed on Fill. A residential or nonresidential structure may be constructed on a permanent land fill in accordance with the following: i. The fill shall be placed in layers no greater than I foot deep before compacting to 95% of the maximum density obtainable with the either the Standard or Modified Proctor Test method. ii. The fill should extend at least ten feet beyond the foundation of the structure before sloping below the FPG. Page 23 of 31 iii. The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than 3 horizontal to 1 vertical. iv. The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties. v. The top of the lowest floor including basements shall be at or above the FPG. (F) Standards for Manufactured Homes and Recreational Vehicles. Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following requirements: L The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured homes to be placed on a site; a. outside a manufactured home park or subdivision; b. in a new manufactured home park or subdivision; c. in an expansion to an existing manufactured home park or subdivision; or d. in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood. ii. The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elevations that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood. iii. Manufactured homes with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade (crawlspaces or under- floor spaces) shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in Section (e) (1) (D). iv. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings. Page 24 of 31 v. Recreational vehicles placed on a site shall either: a. be on site for less than 180 days; and, b. be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or c. meet the requirements for "manufactured homes" as stated earlier in this section. (3) Standards for Subdivision Proposals. (A)AII subdivision proposals shall be consistent with the need to minimize flood damage; (B) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards, and; (D) Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions), which is greater than the lesser of fifty lots or five acres. (E) All subdivision proposals shall minimize development in the SFHA and /or limit density of development permitted in the SFHA. (F) All subdivision proposals shall ensure safe access into /out of SFHA for pedestrians and vehicles (especially emergency responders). (4) Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated to or above the FPG at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the FPG shall be provided to all critical facilities to the extent possible. Page 25 of 31 (5) Standards for Identified F000dways. (A) Located within SFHAs, established in Section (c) (2) of this ordinance, are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and has erosion potential. If the site is in an identified floodway, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources and apply for a permit for construction in a floodway. Under the provisions of IC 14 -28 -1 a permit for construction in a floodway from the Indiana Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving etc. undertaken before the actual start of construction of the structure. However, it does exclude non - substantial additions /improvements to existing (lawful) residences in a non - boundary river floodway. (IC 14- 28 -1 -26 allows construction of non- substantial additions/ improvements to residences in a non - boundary river floodway without obtaining a permit for construction in the floodway from the Indiana Department of Natural Resources. Please note that if fill is needed to elevate an addition above the existing grade, prior approval (construction in a floodway permit) for the fill is required from the Indiana Department of Natural Resources.) (B) No action shall be taken by the Floodplain Administrator until a permit (when applicable) has been issued by the Indiana Department of Natural Resources granting approval for construction in the floodway. Once a permit for construction in a floodway has been issued by the Indiana Department of Natural Resources, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in Section (e) of this ordinance have been met. The Floodplain Development Permit cannot be less restrictive than the permit for construction in a floodway issued by the Indiana Department of Natural Resources. However, a community's more restrictive regulations (if any) shall take precedence. (C) No development shall be allowed which acting alone or in combination with existing or future development, will increase the regulatory flood more than 0.14 of one foot; and (D) For all projects involving channel modifications or fill (including levees) the City of South Bend shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data. (6) Standards for Identified Fringe. If the site is located in an identified fringe, then the Floodplain Administrator may issue the local Floodplain Development Permit provided the provisions contained in Section (e) of this ordinance have been met. The key provision is that the top of the Page 26 of 31 lowest floor of any new or substantially improved structure shall be at or above the FPG. (7) Standards for SFHAs Without Established Base Flood Elevation and /or Floodways /Fringes. (A) Drainage area upstream of the site is greater than one square mile: i. If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources for review and comment. ii. No action shall be taken by the Floodplain Administrator until either a permit for construction in a floodway or a floodplain analysis /regulatory assessment citing the 100 year flood elevation and the recommended Flood Protection Grade has been received from the Indiana Department of Natural Resources. iii.Once the Floodplain Administrator has received the proper permit for construction in a floodway or floodplain analysis /regulatory assessment approving the proposed development, a Floodplain Development Permit may be issued provided the conditions of the Floodplain Development Permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in Section (e) of this ordinance have been met. (B) Drainage area upstream of the site is less than one square mile: (i) If the site is in an identified floodplain where the Iimits of the floodway and fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodplain and 100 year flood elevation for the site. (ii) Upon receipt, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in Section (e) of this ordinance have been met. (C) The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood more than 0.14 of one foot and will not increase flood damages or potential flood damages. (8) Standards for Flood Prone Areas. All development in known flood prone areas not identified on FEMA maps, or where no FEMA published map is available, shall Page 27 of 31 meet general standards as required per Section (e)(2)(A) through (F) of this ordinance. (f) Variance Procedures (1) Designation of Variance and Appeals Board The St. Joseph County Area Board of Zoning Appeals as established by Common Council of the City of South Bend shall hear and decide appeals and requests for variances from requirements of this ordinance. (2) Duties of Variance and Appeals Board The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Floodplain Administrator in the enforcement or administration of this ordinance. Any person aggrieved by the decision of the board may appeal such decision to the St. Joseph County Circuit Court or the St. Joseph County Superior Court. (3) Variance Procedures In passing upon such applications, the St. Joseph County Area Board of Zoning Appeal shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and; (A) The danger of life and property due to flooding or erosion damage; (B) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (C) The importance of the services provided by the proposed facility to the community; (D) The necessity to the facility of a watcrfront location, where applicable; (E) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (F) The compatibility of the proposed use with existing and anticipated development; (G) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (H) The safety of access to the property in times of flood for ordinary and emergency vehicles; Page 28 of 31 (1) The expected height, velocity, duration, rate of rise, and sediment of transport of the floodwaters at the site; and, (J) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (4) Conditions for Variances (A) Variances shall only be issued when there is: i. A showing of good and sufficient cause; ii. A determination that failure to grant the variance would result in exceptional hardship; and, iii. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances. (B) No variance for a residential use within a floodway subject to Sections (c)(5) or (e)(7)(A) of this ordinance may be granted. (C) Any variance granted in a floodway subject to Sections (e)(5) or (e)(7)(A) of this ordinance will require a permit from the Indiana Department of Natural Resources. (D) Variances to the Provisions for Flood Hazard Reduction of Section (e)(2) of this ordinance, may be granted only when a new structure is to be Iocated on a lot of one -half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade. (E) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (F) Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures. (G) Any application to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation (see Section (0(5)). Page 29 of 31 (H) The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request (see Section (f)(5)). (5) Variance Notification. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: (A) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and; (B) Such construction below the base flood level increases risks to life and property. A copy of the notice shall by recorded by the owner in the Office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in the community's biennial report submission to the Federal Emergency Management Agency. (6) Historic Structure Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an "historic structure" and the variance is the minimum to preserve the historic character and design of the structure. (7) Special Conditions Upon the consideration of the factors listed in Section (f), and the purposes of this ordinance, the St. Joseph County Area Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. Page 30 of 31 (g) Severability If any section, clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance. Section 3. This ordinance shall be in full force and effect on January 1, 2011, after its enactment, approval by the Mayor and publication as required by law. City Clerk V Member, The Common C6u'ncil, City of South Bend courd a&;,, on Nz lan"m Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,20 10, at —o'clock— .—in. City Clerk Approved and signed by me on the day of 2010 at o'clock I M. Mayor of the City of South Bend, Indiana Filed In Mrk'a Office EAUG- 3 2010 JOHN VOORDE --s"W-MIK, SO. BEND, IN. 1 st PFEADINCV� �,-J - � 0 PUILIC JiEARNIG 3 rd REANNG NOT APPRO.VW, Page 31 of 31 REFERRED PASSEO, ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH, COUNCILMANIC DISTRICT: 4 E. Leroy & Patricia Yoder 17904 State Road 23 South Bend, Indiana 46635 STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 0.15 acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed and zoned. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. 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 situated in St. Joseph County, Indiana, being contiguous by more than one -eight (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: Lot 238 as shown on the recorded plat of Maple Lane Subdivision in the Office of the Recorder of St. Joseph County, Indiana in Plat Book 11, Page 3. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning YodvrWinancsWlthReza -ft. doc PETITION FOR THE vOLLJNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, snake application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) I (We) am /are the owner(s) (hereinafter "petitioner" or "petitioners ") of a parcel of land more particularly described in Exhibit "A ". 2) Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3) That this Petition is signed by at least one - hundred percent (100 %) of the owners of the land in the territory sought to be annexed 4) The property sought to be annexed and rezoned is located at 17904 State Road 23, South Bend, Indiana 46635 5) The Property Tax Key Number(s) is: 0022- 2077 -3501 6) The name and address of the property owner(s) of the petition site is /are: E. Leroy & Patricia Yoder 29712 Peavine Street Dowagiac, Michigan 49047 7) The name and address of the contingent purchaser(s), if applicable, is /are: N/A 8) The parcel is 0.15 acres in size and currently has the following use(s) on it: Office space. 9) Number of people currently residing on the property: N/A 10) It is desired and requested that the petition site be rezoned Y06WMOPIOLOOOM :'edtionWithRomning, doc signed: for the following use(s): Office arse. 11) The anticipated "build -out" year for the project: lY /A 12) The proposed number of lots: i (egg). 13) The proposed mileage of new roadways: N/A 14) The following information has been submitted with the Petition: Y. a legal description of the property, titled as Dd bit "A 2. a list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition propert3 , 3. seventeen. (17) site Pis, 4. addre d, stamped envelopes for aH property owners within 30o feet of the petition property- 15) The sif,pip ur of a%kropgty owner(s), or Attorney for all property owner(s) E. Leroy Yoder it 29712 Peaoure Sovet Douwgiac, MM &9an 49047 (574) 274 1000 •. Signed: Patricia er 29Tr2Peauine Street Dowagiac, Michigan 49047 (574)274-1000 16) Name, Address & Phone Number of Contact Person,/Preparer (Please print): Terance B. Lang Lang, Feeney &Associates 715 South Michigan Street South Bend, Indiana 46601 (574) 233 -1841 (fax 574 674 -0374) Y A- Hed in Clerk's WOO AUG -42010 JOHN MADE Crr(CEfPK, 5U. B'DID, IN Exhibit "A" Description: Lot 238 as shown on the recorded plat of Maple Lane Subdivision in the Office of the Recorder of St. Joseph County, Indiana in Plat Book 11, Page 3. AUG -42010 Ya"apW -6023 UM1.0c 002 -2077 -3534 & 3532 002 -2077 -3524 002 - 2077 -3506 Sue M. La Gue Linda A. Freel William E. & Bernadette M. Hock 54613 Norther. Avenue 54571 Maple Lane Avenue 17682 State Road 23 South Bend, Indiana 46635 South Bend, Indiana.. 46635 South bend, Indiana 46635 002 -2074 -3440 Othman Kanan 54449 Maple Lane South Bend, Indiana 46635 024 - 1001 -0454 Greenwood Plaza Corp. P. O. Box 1602 South Bend, Indiana 46634 002 - 2075 -3489, 3490 & 3489 Phyllis Dombrowski 54468 Maple Lane South Bend, Indiana 46635 002 -2077- 353401 Jonathan C. & Janet L. Sporleder 54568 Maple Lane South Bend, Indiana. 46635 002 - 2077 -3536 Dora Beard 54584 Maple Lane Avenue South Bend, Indiana 46635 002- 2077 - 352301 Daniel V. Rupchock 29773 Redfield Niles, Michigan 49120 024- 2077 -3499 & 024- 1001 -0447 DZ 23 Properties LLC 251 E. Sample Street South Bend, Indiana 46615 D02- 2077 -3501 E. Leroy & Patricia A. Yoder 29712 Peavine Street Dowagiac, Michigan 49047 002- 2077 -3520 & 3517 Jill A. Pate 54530 Maple Lane South Bend, Indiana 46635 002 -2074 -3445 SR 23 LLC 53200 Marina Drive Elkhart, Indiana 46514 002 -2075 -3492 Dale R. & Christine K. Devon 17871 State Road 23 South Bend, Indiana 46635 002- 2074 - 344301 Jennifer L. Satkoski 54490 Terrace Lane South Bend, Indiana 46635 024 - 1001 -0446 Greenwood Plaza Corp. Attn: GMAC Comm. Mort. Corp. 2400 Miracle Lane Mishawaka, Indiana 46545 002- 2077 -3529 James A. Horning If 54601 N. Northern Avenue South Bend, Indiana 46635 002 - 2077 -3523 Brian W. Hershberger 54549 Maple Lane South Bend, Indiana 46635 002 -2077 -3502, 3503, 3504 & 3505 E. Leroy Yoder 17885 St. Road 23 South Bend, Indiana 46635 002 - 2077 -3521 & 3518 Sandra D. Dennin 54581 Northern Avenue South Bend, Indiana 46635 002 - 2074 -3446 Oasis Services LLC P. O. Box 485 Notre Dame, Indiana 46556 002 - 2074 -3443B One Hour Inc., CIO Sharon Smith 14595 E. Erie Road Albion, Michigan 49224 002 - 2074 -3444 & 3443 James W & Leora J Clark — trustees 14595 E. Erie Road Albion, Michigan 49224 002 - 2077 -3531 & 3528 Jonathan Carl Sporleder 54568 Maple Lane Avenue South Bend, Indiana 46637 024 - 1001 -0448 First Bank & Trust Co. of So. Bend P. O. Box 1602 South Bend, Indiana 46634 002 - 2077-3515 Ann O. Graf & Mary Jo K:ri2n= 54555 Northern Avenue South Bend, Indiana 46635 A U G - 4 2010 .//.V�..�...'.y.J...L�-i1 IN I I � �pP I ' '2. SPAO-ES 49 °o AUG 0 r7E 20' � GARAGE i � �3�3�QQ L 4.B v #, r� � d��,•. � ;} fir.',. A•� DESCRIPTION: LOT 238 AS SHOWN ON THE RECORDED PLAT OF MAPLE LANE SUBDIVISION IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, fNp1ANA )N PLAT BOfliC 11, PAGE 3. LEGEND 0 IRON FOUND (R) RECORDED (C) CALCULATED A GAS METER ELECTRIC METER ® AC UNIT INLET e IRON FOUND I Kant! Surveyors, Construction Engineers &Soil Scientists VOLUNTARY ANNEXATION 715 South Michigan Street MAPLE LANE SUBDIVISION South Send, Indiana 4660E Phone 574 - 233 -1841 Fox 574- 674 -0374 LOT 238 File Name Drawn By Scale MapieLane238Annex BKG I" - 30' Date Rev. Date Drawing No. 08-03 -10 - 24886 I y .E CO i I i W Do t- W E I , I E E � 15.2' S SfGN I y .E CO i I i W Do t- W E I , I E E � 15.2' Danch, Harmer & Associates, Inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. Honorable Members of the City of South Bend Common Council 4t' Floor County -City Building South Bend, Indiana 46601 Land Surveyors ® Professional Engineers Landscape Architects . Land Planners August 2, 2010 RE: Annexation & Rezoning Petition for Stadium Place Developers LLC, Jean C. Johnson - Trustee, Robert A. Howland, Jr, and Glenn & Kaye Blossom for their properties in the 54700 Block of Willis Avenue and Rezoning for property in the 1800 Block of Vaness Street, South Bend, Indiana: Dear Council Members: Our clients are requesting the approval, of an Annexation and Rezoning to the "PUD" Planned Unit Development District Classification for their properties located in the 54700 Block of Willis Avenue and property in the 1800 Block of Vaness Street, South Bend, Indiana. This Annexation and Rezoning is to allow for the construction of two new residential buildings within a proposed Planned Unit Development. Our clients hope that the Council will approve the requested Annexation and Rezoning request. They believe the requested rezoning would fit in this established neighborhood area of South Bend that contains a mix of residential land uses. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Harner & Associates File No. 100168 "C" Md. 1643 Commerce Drive a South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103 office 5741234 -4003 s 8001594 -4003 a Fax 5741234 -4119 mice 269!471 -30110 v Fax 2691471 -7237 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, STADIUM PLACE DEVELOPERS, LLC, JEAN C. JOHNSON- TRUSTEE FOR THE JEAN C. JOHNSON REVOCABLE TRUST, ROBERT A. HOWLAND, JR. AND GLENN 6 KAYE BLOSSOM (PETITIONERS) 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 2.20+/ - acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of the Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. 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 situated in St. Joseph County, Indiana, being contiguous by more than one -eight (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: ANNEXATION LEGAL DESCRIPTION PARCEL I. (ANNEXATION 6 REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 26 IN THE PLAT OF " VANESS PLAT" AS RECORDED IN PLAT HOOK # 11 ON PAGE # 13 THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH A DISTANCE OF 269.80 FEET MORE OR LESS ALONG THE WEST LINE OF SAID LOT 26, LOT 27 AND A PORTION OF LOT 28 IN SAID PLAT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 28, A DISTANCE OF 356.00 FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 269.80 FEET MORE OR LESS; THENCE WEST 356.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 2.20 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL II. (REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING A POINT AT THE INTERSECTION OF THE NORTH RIGHT - OF -WAY LINE OF VANESS STREET AND THE WEST RIGHT -OF -WAY LINE OF WILLIS AVENUE; THENCE WEST ALONG THE NORTH RIGHT -OF -WAY LINE OF SAID VANESS E STREET, 504.00 FEET MORE OR LESS; THENCE NORTH, 119.80 FEET MORE OR LESS; THENCE WEST, 88.58 FEET MORE OR LESS, TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT -OF --WAY LINE, 194.70 FEET MORE OR LESS, THENCE EAST, 296.00 FEET MORE OR,LESS; THENCE SOUTH 594.70 FEET MORE OR LESS; THENCE EAST 296.00 FEET MORE OR LESS TO THE WEST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST RIGHT -OF -WAY LINE, 119.80 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 2.71 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described Parcel I as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate in Parcels I & II, with the exception of all adjacent rights -of -way, is hereby established as PUD - Planned Unit Development District, in the City of South Bend, St. Joseph County, State of Indiana; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approved by the Mayor, and legal publication. Member of the Common Co ncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the Day of , 2 , at O'clock . M. City Clerk 3 Approved and signed by me on the Day of 2_ at O'clock M. Mayor, City of South Bend, Indiana { st READING ?_.� -o ?UBLiC HEAR[MG 3 rd READING NOT APPROVED REFERRED F1 k sd In Mrk'g Offfce AUG - 4 2010 CIrY C: c;;'X, SCL W='R , IN PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA We the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1). We are the owner(s) (hereinafter "petitioners ") of a parcel of land more particularly described in Exhibit "A". 2). Petitioners) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3). That this Petition is signed by at least (CHECK ONE): X a. one - hundred percent (100 %) of the owners of the land in the territory sought to be annexed; OR b. fifty -one percent (51 %) of the owners of the land in the territory sought to be annexed; OR c. the owners of seventy -five (75 %) of the total assessed value of the land for property tax purposes. 4). The properties sought to be annexed and rezoned is located at: 54703 Willis Avenue, South Bend, Indiana 46637, 54719 Willis Avenue, South Bend, Indiana 46637, 54739 Willis Avenue, South Bend, Indiana 46637, 5). That the name and address of the property owner(s) of the petition site are: Jean C. Johnson - Trustee Of the Jean C. Johnson Revocable Trust 54703 Willis Avenue South Bend, Indiana 46637 Tax Key Nos. 02 -1106 -5383 (574) 272 -5359 Stadium Place Developers, LLC 822 Main Street Lafayette, Indiana 47902 (765) 429 -4044. Tax Key Nos. 24- 1106 -5383, Tax Key Nos. 24 -1106- 5389.01 Tax Key Nos. 24 -1106 -5389 Tax Key Nos. 24- 1106- 5393.02 Tax Key Nos. 24- 1106- 5393.01 Tax Key Nos. 24 --1106 -5394 Tax Key Nos. 24 -1106 -5395 Robert A. Howland, Jr. 54739 Willis Avenue South Bend, Indiana 46637 Tax Key Nos. 02 -1106 -5390 (No Phone No.) Glenn & Kaye Blossom 20 Lyndale Avenue Staten Island, NY 10312 Tax Key Nos. 02- 1106 -5384 (718) 984 -6838 2 6). That the name and address of the contingent purchaser(s), if applicable, is: Stadium Place Developers, LLC 822 Main Street Lafayette, Indiana 47902 (765) 429- -4044. 7). Parcel 1, the property, to be annexed is 2.20 + /- acres in size and currently has the following use(s) on it: Single - family homes. Population (3). Parcel II, the property to be rezoned 2.88 + /- acres in size and is presently in the City and contains a three (3) three - story buildings for previously approved student housing. 8). It is desired and requested that the petition site be rezoned: Parcel I.: (Anticipated Build -out year - 2012) From: R - Single Family District (County Zonin ) ed_Unit Development District To: : FUD Planned ,...,..,. Parcel II.: (Existing Buildings) From: PUD - planned Unit Development District To: PUD - Planned Unit Development District for the following uses: Residential Planned Unit Development as allowed under the PUD - Planned Unit Development District Zoning classification. 9). The following information has been submitted with the Petition: a). 1. A legal description of the property, titled as Exhibit ITAIT . r 2. A list of names and addresses of all property owners, along with the tax key numbers for all properties, within 300 feet of the petition property; 2a. 17 Copies of site plan. 3. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. b). By signing this petition, I/We and any contingent purchaser understand that if the Council approves this petition to annex and zone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to its former zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. EXHIBIT "A" PARCEL I. (ANNEXATION_& REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 26 IN THE PLAT OF " VANESS PLAT" AS RECORDED IN PLAT BOOK # 11 ON PAGE # 13 THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH A DISTANCE OF 269.80 FEET MORE OR LESS ALONG THE WEST LINE OF SAID LOT 26, LOT 27 AND A PORTION OF LOT 28 IN SAID PLAT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 28, A DISTANCE OF 356.00 FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE, THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 269.80 FEET MORE OR LESS; THENCE WEST 356.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 2.20 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL II. (REZONING); THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING A POINT AT THE INTERSECTION OF THE NORTH RIGHT - OF -WAY LINE OF VANESS STREET AND THE WEST RIGHT -OF -WAY LINE OF WILLIS AVENUE; THENCE WEST ALONG THE NORTH RIGHT -OF -WAY LINE OF SAID VANESS STREET, 504.00 FEET MORE OR LESS; THENCE NORTH, 119.60 FEET MORE OR LESS; THENCE WEST, 88.58 FEET MORE OR LESS, TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT -OF -WAY LINE, 194.70 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH 194.70 FEET MORE OR LESS; THENCE EAST 296.00 FEET MORE OR LESS TO THE WEST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST RIGHT -OF -WAY LINE, 119.80 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 2.71 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTIONS t PARCEL I. (ANNEXATION & REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 26 IN THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK # 11 ON PAGE # 13 THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH A DISTANCE OF 269.80 FEET MORE OR LESS ALONG THE WEST LINE OF SAID LOT 26, LOT 27 AND A PORTION OF LOT. 28 IN SAID PLAT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 28, A DISTANCE OF 356.00 FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 269.80 FEET MORE OR LESS; THENCE WEST 356.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 2.20 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL IT. (REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING A POINT AT THE INTERSECTION OF THE NORTH RIGHT - OF -WAY LINE OF VANESS STREET AND THE WEST RIGHT -OF -WAY LINE OF WILLIS AVENUE; THENCE WEST ALONG THE NORTH RIGHT -OF-WAY LINE OF SAID VANESS STREET, 504.00 FEET MORE OR LESS; THENCE NORTH, 119.80 FEET MORE OR LESS; THENCE WEST, 88.58 FEET MORE OR LESS, TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT -OF -WAY LINE, 194.70 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH 194.70 FEET MORE OR LESS; THENCE EAST 296.00 FEET MORE OR LESS TO THE WEST LINE OF WILLIS AVENUE, THENCE SOUTH ALONG SAID WEST RIGHT -OF -WAY LINE, 119.80 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 2.71 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Property Owners Within 300 Feet Willis Street Townhomes LLC Stadium Place Dev LLC Lyn dale Kaye Blossom K n Glen & 19468 Blue Oak Ct 822 Main St 2Q n Ave Noblesville, IN, 46060 Lafayette, IN. 47902 Staten Island, NY 10312 Tax Key # 024 1106 5380 Tax Key # 002 1106 5383 Tax Key # 002 1106 5384 Stadium Place Dev Inc Robert A Howland Jr 822 Main St 54739 Willis Zolman Tire Inc. Lafayette, IN. 47902 South Bend, IN. 46637 18255 Vaness St South Bend, IN. 46637 Tax Key # 002 1106 538901 Tax Key # 002 1106 5390 Tax Key # 002 1106 539101 Salvation Army Campus Shoppes LLC 510 S Main St Campus Shoppes LLC 22700 Crenshaw Blvd Suite 123 South Bend, IN. 46601 00 Crenshaw Blvd. Ste, 123 Tax Key # 024 1106 539710 Torrance, CA. 90505 Torrance, CA. 90505 Tax key # 024 1003 056601 Tax Key # 024 1003 055603 Prime Notre Dame Student Housing Stadium Place Developers LLC Stadium Place Developers LLC LLC 822 Main 333 Skokie Blvd.Suite 113 Lafayette, IN. 47902 822 S Main Northbrook, IL. 60062 Tax Key # 002 1106 5395 Lafayette, IN, 47902 TAY Kav * n24 1nn:3 n�6� Tax Key # 002 1 106 5394 Stadium Place Developers LLC Stadium Place Developers LLC University of Notre Dame Du Lac 822 Main St 822 Main St University ersity r Hall 910 Lafayette, IN. 47902 Lafayette, IN, 47902 Notre Dame, !N. 46566 Tax Key # 002 1106 539301 Tax Key # 002 1106 539302 Tax Key # 002 1106 5393 Stadium Place Developers LLC University of Notre Dame Du Lac University of Notre Dame Du Lac 822 Main St 836 Grace Hall 836 Grace Hall Lafayette, IN. 47902 Notre Dame, IN. 46556 Notre Dame, Hall 46556 Tax Key # 002 1106 5389 Tax Key # 002 1106 539201 Tax Key # 002 1106 539202 University of Notre Dame Du Lac Thomas Chapleau 836 Grace Hall University of Notre Dame Du Lac 472 Capricorn Street 836 Grace Hall Notre Dame, IN. 46556 Brea,CA. 92821 Tt,x Key # 002 1106 5392 Tax Key # 002 1106 5387 Notre Dame, IN. 46556 Tax Key # 002 1106 5386 Stadium Village Homes LLC Stadium Village Homes LLC 1212 Walnut 1212 Walnut University of Notre Dame S•)uth Bend, IN, 46619 South Bend, IN. 46619 824 Grace Hall T .,.< Key # 002 1106 5388 Tax Key # 002 1106 538101 Notre Dame, IN, 46556 Tax Key # 00� 1106 5381 Adam & Jozefa Zdanowski Robert A Johnson Jr./ Jean Rinehart 9:,21 Laurence St 54666 Ivy Rd University of Notre Dame /Angel A :,:n Park, Ml. 48101 South Bend, IN. 46637 Miller T, >x Key # 002 1106 5377 Tax Key # O02 1106 5376 824 Grace Hall Notre Dame, IN. 46556 Tax KPV # 002 11 n 517.201 Prime Notre Dame Student Housing LL C Three Little Birds LLC Willie & Pamela Harris 333 Skokie B1vd.Ste 113 CIO Brent inabnit PO Box 300 54693 Burdette St Northbrook, IL, 60062 TAIL Kav # W4 1108 SIA712 South Bend, IN. 46624 South Bend, IN. 46637 Tax Key # 002 1106 5372 Tax KPV # llnq 11 on Connie L Haley 54673 Burdette University of Notre Dame Du Lac Jeffrey & Maureen O'Brien Kohler South Bend, IN. 46637 836 Grace Hall Notre Dame, IN. 46556 476 W Prospect Tax Key # 002 1106 5371 Tax Key # 002 1106 5382 North Wales, PA. 19454 Tax Key # 002 1106 536203 Irish Crossings Development LLC P.O. Box 248 Irish Crossings Development LLC Irish Crossings Development LLC Lafayette, IN. 47902 Tax Key # 002 1106 5367 P.O. Box 248 Lafayette, IN, 47902 P.O. Box 248 Lafayette, IN. 47902 Tax Key # 002 1106 5374 Tax Key # 002 1106 537901 Irish Crossings Development LLC P.O.Box 248 Jean Johnson Revocable Trust Kevin & Kristie Sandor Lafayette, IN. 47902 54703 Willis Street South Bend, IN. 46637 52266 Lookout Pointe Cr Tax Key # 002 1106 5379 Tax Key # 002 1106 538401 Granger, IN. 46530 Tax Key # 002 1106 5368 Kevin & Kristie Sandor 52266 Lookout Pointe Cr Prime Notre Dame Student Housing Salvation Army Granger, IN, 46530 Tax Key # 002 1106 5375 LLC 333 Skokie Blvd.Suite 113 510 S Main South Bend, IN. 46601 Northbrook, IL. 60062 Tax Key # 024 1106 539714 Tax Kav # 074 11 nR .ri -19719 Stone Manor investment Corp Exton Irish LLC 9900 Befward Campus Drive 304 Green Circle John & Mary Jo McDermott Suite 175 Exton,PA, 19341 4 Coddington Lane Rockville, MD. 20850 Tax Key # 002 1106 536204 Califon, NJ. 07830 Tax i;P- v # n n 2 11ns s.,;A9n1 Tax Key # 002 1106 536205 Joseph Kevin Kwiatkowski 1733 N South Bend Ave. Richard & Janice Ann Ruopp Donald Fischer & Barry Nora South Bend, IN, 46637 Tax Key # 024 1003 056602 433 Farrar Dr Cape Girardeau, MO. 63701 1026 Highmont Rd Pittsburgh, PA. 15232 Tax Key # 002 1 106 536206 Tax Key # 002 1106 536207 Jan & William Collins James Fontana & William Husic Jr. Jessica Cooreman & Jon Yonemitsu 416 Verbena Ct Anthony Frogameni 1896 Pacific Ave Naperville, IL. 60565 Tax Key # 002 1106 536208 841 21st St Aliquippa, PA. 15501 San Francisco, CA. 94107 Tax Key # 002 1106 536210 Tax Kav # on? 11 riR ri.-Ir ng Steven & Susan Smith 1717 Rudder Lane Monique Mpreira Michael & Erin Allare Knoxville, TN. 37919 11 Bridge Hollow Rd 54666 Burdette St, Unit 33 Tax Key # 002 1106 536211 Califon, NJ. 07830 South Bend, IN. 46637 Tax Key # 002 1106 536212 Tax Key # 002 1106 536213 Erin Development Company LLC 4628 Pine Valley Dr Kevin & Marcelline Kilpatrick William & Deborah Donohue Frisc TX. 75034 17505 Nittany Ct, Granger, IN. 46530 12 Terrace Pk Tax Key # 002 1106 536214 Tax Key # 007 1106 536215 Reading, MA. 01867 Tax Key # 002 1 106 536216 Michael & Donna Venturini Wexford Place Townhornes Owners 2446 Londonberry Bl 19468 Blu Oak Ct Robert & Kelly Smith Carmel, IN. 46032 Noblesville, 1N. 46060 1744 Willis Ave Tax Key # 002 1106 636218 Tax Key # 024 1106 538009 South Bend, IN, 46604 Tax Key # 024 1106 538008 Willis Street LLC 359 Martindale Camp Hill, PA, 17011 Tax Key # 024 1106 538007 Timothy & Marianne Brady Clare Brady 536 Webster Forest Saint Louis, MO. 63119 Tax Key # 024 1106 538004 Project Romar LLC 7008 Ada Dr SE Ada, MI. 49301 Tax Key # 024 1106 538001 John & Crystal Dalrymple 1411 Oak St Niles, Ml. 49120 Tax Key # 024 1106 538006 Willis Street Townhomes LLC 19468 Blue Oak Ct Noblesville, IN. 46060 Tax Key # 024 1106 538003 CJ Holdings LLC 14511 25th Ave SW Seattle, WA. 98166 Tax Key # 024 1106 538005 Jones Family Trust 5095 Hunter Valley Lane West Lake, CA, 91362 Tax Key # 024 1106 538002 r