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HomeMy WebLinkAbout09-13-10 Council Agenda & Packet SOUTH BEND COMMON COUNCIL MONDAY, SEPTEMBER 1.3, 2010 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3.' ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 10-42 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING REVEREND DONALD L. NEELY FOR HIS MORE THAN THREE {3) DECADES OF LOYAL AND DEDICATED SERVICE AS CHAPLAIN OF THE SOUTH .BEND FIRE DEPARTMENT AND SOUTH BEND POLICE DEPARTMENT 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL N0. 48-10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRSBED PROPERTY: THE ALLEY TO BE VACATED I5 DESCRIBED AS THE FIRST NORTH- SOUTH ALLEY WEST OF MAIN STREET AND SOUTH OF COLFAX AVENUE. THE PORTION TO BE VACATED BEGINS AT THE SOUTHWEST CORNER OF LOT NUMBER 236 IN THE ORIGINAL PLAT OF THE CITY OF SOUTH BEND TO THE NORTH 131. FEET, TO THE WEST 10 FEET, TO THE SOUTH 131 FEET AND RETURNS TO THE EAST 10 FEET TO THE POINT OF BEGINNING 45-10 PUBLIC HEARING 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 49-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2011 50-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2011 51-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2011 8. BILLS, THIRD READING TIME; BILL N0. 48-10 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY Tp BE VACATED IS DESCRIBED AS THE FIRST NORTH- SOUTH ALLEY WEST OF MAIN STREET AND SOUTH OF COLFAX AVENUE. THE PORTION TO BE VACATED BEGINS AT THE SOUTHWEST CORNER OF LOT NUMBER 236 IN THE ORIGINAL PLAT OF THE CITY OF SOUTH BEND TO THE NORTH 131 FEET, TO THE WEST 10 FEET, TO THE 50UTH 131 FEET AND RETURNS TO THE EAST 10 FEET TO THE POINT OF BEGINNING 45-10 THIRD 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 49-10 THIRD READING ON A SILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2011 50-10 THIRD READING ON A SILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2011 51-10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY F'OR THE MAYOR FOR CALENDAR YEAR 2011 9. RESOLUTIONS BILL NO. 1f1-40 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 AT 5700 S, GERTRUDE ST. 10-41 .~, RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 901 (LOT 2) AND 910 (LOT 1) NORTH ST. PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SNYDER CUSTOM HOMES, INCORPORATED 10. BILLS, FIRST READING RILL Nn_ 55-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $276,780 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM 56-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2011, 2012 AND 2013 57-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2011, 2012, 2013 AND 2014 58-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2011 59-10 FIRST READING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2011 60-10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3609 WESTERN AVENUE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS A. REPOR'I"S FROM AREA BOARD OF ZONING APPEALS 1. BILL 10-43 - SPECIAL EXCEPTION - 1401 SOUTH LAFAYETTE BLVD. 2. BILL 10-44 - SPECIAL EXCEPTION - 2602 WESTERN AVE. 12. NEW BUSYNESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR I~IE.A,RING AND SIGHT IMPAIRED PERSONS Augilaary Aad or Other Services are Available upon Request at No Charge. Please gave Reasonable Advance Request when Possible. ~~~ ~ A Family Friendly Public House in the HeaR of Downtown South Send August 11, 2010 City of South Bend Office of the City Clerk Roam 455, County-City Building South Bend, IN 46601 RE. Alley Vacation Having obtained approval from all property owners abutting the alley running north-south behind the property at 1Z7 North Main Street, Fiddler's Hearth/Ceol Mor is petitioning the City of South Bend to vacate this alley. The purpose for this Petition to Vacate is to make needed improvements to the alley addressing past safety, sanitation, and esthetic concerns, and to use the space far outdoor dining behind Fiddler's Hearth. Since the alley dead-ends at a private parking lot, it is not open to through traffic and is used primarily for deliveries to the back doors ofthe abutting restaurants (Fiddler's Hearth and Madison Oyster Bar}. Improvements planned for the space irnrnediately behind Fiddler's Hearth include athree-season outdoor covered patio space, providing a unique downtown dining alternative far the city. Res~pYectfu~l/ly submitted, / rl /j/L-~f,S~ .r Canal H. Meehan President Fiddler's Hearth, Inc. (restaurant) Ceol Mar, Inc. {property owner} ~ ~;,~~~Y ~~ ~tE ~ brit ~f .,~. 554 ~'" _;,~. ~t~ ~...~; .;tir:s :: ~Z7 South ttRain 5#reet ~ South Bend, Indiana 46601 ~ www,fiddlershearth.s 74} 23y.~gg3 ®1~®fNANCE N®. AN ®Rf}fNANCE TO VACATE YHE F®LLO~ffNC f)ESCRfBE® PROPEf~TY; "The alley to be vacated is described as the first north-south alley West of iVlain Street and South of Colfax Avenue. The portion to be vacated begins a# the southwest comer of lot number 236 in the original plat of the City of South Bend to the north 131 feet, to the west 10 feet, to the south 131 feet and retums to the east 10 feet to the point of beginning." STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOUII, THEREFORE, BE !T ORDAINED BY THE COMMON COUNCIL OF THE CITY OF S®UTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The alley #o be vacs#ed is described as the first north-south alley Wes# of Main Street and South of Colfax Avenue. The portion to be vacated begins at the southwest corner of lot number 236 in the original plat of the City of South Bend to the north 131 feet, to the west 10 feet, to the south 131 feet and retums to the east 10 feet to the point of beginning. Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and di#ches, within the vacated right of-way, unless such rights are released by the individual utilities. SECTION Ill. The following property may be injuriously or beneficially affected by such vacating: 018-1008-0313; 018-1008-0394; 018-1008-03x5; 018-1008-0316 SECTION IV. The purpose of the vacation of the real property is to transfer ownership to the abutting property owners for improvements. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common C until ~, :~ ~':~ k:,.. .. ,~ ':,J .-:1 i`~r bay r~.i~U'6"v:5.'r~ G'`iF ~ 9 . .AN~~s 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. f ~t READi,~tG 0 "" L" ~ t ~ ~u~~ic iiEAR1NG 3 rd READING NOT APPROYF~ REFERRED AA55ED Mayor, City of South Bend, Indiana A~~ 1 ~ X010 ~~~`~ii x,~;~ti~i~ t!d ~ C4, ~~:, ~c~. r,Ftf~i, PETITION TO VACATE PUBLIC RIGHT5-C-F-WAY ,LTREETS ALLEYS TO THE COMMON COUNCIL OF THE CITY OF 50UTH BEND, IN©lANA WE, THE UNDER5fGNE0 PROPERTY OWNERS, PETITION YOU TO VACATE: A. THE ALLEY D~SCfHf3ED AS The existing alley with encroachments that runs North and South to the immediate west of (a) Fiddler's Hearth (parcel number 0180D$0316/8), (b) Madison Oyster Bar {parcel number 0180080315) and {cJ Saigon Market parking lot (parcel 01810080314 and to the immediate east of Saigon Market (parcel 01810080313}, as shown in the attached and incorporated Exhibit A. B. THE STREET DESCRIBED A5: Not applicable. NAME =signed & printed) ADDRESS ~ LOT# Ceal , Inc. b 127 N. Main Street 0180080316/8 South Bend, IN 46601 ~.~.. Its authorized agent 208 W. Colfax Ave. 01810080313 Bao ~guyen ~~ South Bend, IN 45601 01810080314 208 W. Colfax Ave. 01810080313 Oanh Nguyen ~ South Bend, IN 46601 OI810080314 129 N. Main Street 0180080335 ur r' South Send, IN 46601 CONTACT PERSON: Si~AWN F, RYAN 220 WEST COLFAX AVE. SUITE 425 RETURN TO: OFFICE OF THE CITY CLERK SOUTH BEND, IN 46601 JOHN VOORDE, CITY CLERK (57~) Z89-0909 ROOM 455 COUNTY-CITY BUILDING €~`~~ SOUTH 8EN17, EN 46601 ;s4~'~ ~~ ~y~'~'~'~`,t~:;• 574-235-4221 ~~~~' . ~1~G ~ ~ ~~~Q ~~6`~ ~~~:~.r:r. The alley to he vacated is described as the first north-south alley West of Main Street and South of Colfax Avenue. The portion to be vacated begins at the southwest corner of lot 236 in the Original plat of the City of South Bend to the north 131 feet, #o the west i 0 feet, to the south 131 feet and returns to the east 10 feet to the point of beginning. Property Owners an Radius Map 018-103.2-0466 South Bend Tribune, 225 W. Colfax 018-1008-029701 " 018-1008-0297 Main Street Row, LLC, 209 N. Main 018-1012-0474 Colfax Place Associates LA, c/o Holladay Properties, 227 S. Main 01&1012-0475 " 018-1008-0312 Hamilton Colfax, LLC, 21Z W. Colfax 018-1008-0313 Bao & Oanh Nguyen, 208 W. Colfax 018-1008-033.4 " 018-1008-0315 Laura L. Sirr~eri,129 N. Main fl18-100&0316 Ceol Mor, Inc., 1Z7 N. Main 018-1008-031.7 Mary Coyne Investments, LLC., 1428 Hamilton, Cleveland, OH 44118 018-1012-0477/1 Valley American Bank, 101 W. Washington, Suite 300, fndpis, 1N 46255 018-1008-0318 113-117 N. Main 5t. Land Trust, Bnx 11545, South Bend, IN 46634 Ol$-1008-0319 " 018-1008-0320 " 018-1008-032101 " 018-1008-0321 17illingham Hill, LLC., 64 Washington Court, Quincy, MA OZ169 ~~5~~ ,~ 4 .~ ., ~•.:~li C:~•.+~ R:F~ °~.e.'i~~ G+.~y '°~ 1316 ~ouN3'Y-(}TX WILDING 227W. J~+~~xson~ 13ovl.e~ann SavrH Bl.t~rn, 1NDIANe 4G5o1-1830 Crxx or S©trt'x i3>;~rD S~rxiarr ]. L1TEC1~, MA~OIz BOARD 4F PU)E3LIC 1N ~RKS July z2, 2010 Mr. Shawn Ryan Attorney at Law 220 West Colfax, Suite 425 South Bend, Indiana 46601 t~Ilous 574P 235-9251 Fox 57412359171 'F'pD 574/ 235-55b7 RE; Alley Vacation and Easement Agreement -The NorthlSouth Alley behind Fiddlers Hearth, Madison Oyster Bar, and East of the Saigon Market Parking Lat (Preliminary Review} Dear Mr. Ryan: The Board of Public Works, at its July 22, 2010, meeting, reviewed the Alley Vacation and Easement Agreement submitted on behalf of Sean Meehan, Land Owner, Fiddler's Hearth; Bao and Oanll Nguyen, Land Owners, Saigon Market; and Law'a Silveri, Land Owner, Madison Oyster Sar_ The alley vacation must still be approved by the Common Council and the property owners must still contact the Building Department, Zoning Board, Health Department, and any other governing entity that may be involved with the types of plans being made far the alley. Enclosed, please find the Agreement and the original of the Petition to Vacate Public Rights- of-Way for filing with the Cowman Council. Your clients will need a radius map showing properties witllia 15(3' of the proposed vacation for your petition to the Caminon Council. Pleasc_contact Tones Molnar at 574 235-9254 rior to iclran u our radius ma .Once you pick up the radius rtlap, proceed to the City Clerk's offce for your alley vacation packet. Since J Iy, .~~ ~~~ Lind dVl. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering' Janice Talboolxl, City Clerk's Offce Carl Littrell, Engineering Sean Meehan, Fiddler's Hearth Ban and Oanh Nguyen, Saigon Market Laura Simeri, Madison Oyster Bar. GaRrA. GrL~r, ~e.i:. DaNw~.D E. t>~xs Ja~rrr H. MUitI'HY PRESIDENT' MEMBER MEMBER After recording mail to: AUDITOR'S RECORD Transfer No. Parcels affected: #a l soo~a~ ~ ~~s #01840$3415 #41$100$0314 #al~la~sa~l~ Taxing Unit Date A.LLE~"V'ACA'Zd'iION AND EASE pMEN'~" AG.itEEMEN~" This Alley Vacation Agreement is made . ~ # 4 Z~ 2414, among Fiddler's Hearth, Inc., a tenant, and Ceol Mor, Inc., a Isnd owner (together "Fiddler's Hearth"} at l 27 N'. Main St., South Bend, Indiana; Saigon Market, Is~c., a tenant, and Bao & Oanla Nguyen, land av-mers (together "Saigon Market") at 248 W_ Colfax Ave., South Bend, Indiana, and dtl, Inc., d/b/a Madison Oyster Bar, a tenant, and Laura Simeri, a Iand ©wner {together, "Madison Oyster Bar") at 129 N. Main St., South Bend, Indiana. In exchange far the the rrzutual covenants contained iu tlZis agreement, the parties agree as faIlvws: I ALS A. An existing alley ("tlte Alley") with encroachments runs north and south to the inunediate west of (a) Fiddler's Hearth (parcel number 01800$0316/8), (b) Madison Oyster Bar (parcel nunnber O l 800$3 015), (c) the Saigon Market Parking Lot (parcel number 0 ~ 81 flfl80314) and to the immediate east of Saigon Market {parcel number 018104$4313). B. The Alley is abaudaned far the purposes of through vehicular traffic and is currently used by Fiddler's Hearth far a sidewalk cafe structiue, and by Madison Oyster Bar for storage of a dumpster, and by Fiddler's Hearth, Madison Oyster Bar and Saigon Markey for ingresslegress and deliveries/services. C. Madison Oyster Bar currently owns two HVAC units and a satellite dish that encroach an the fiddler's Hearth rooftop and has ez~jayed rights of access for periodic niaintenar~ce, and needs continuing rights of access for maintenance and eventual replacement. D. The parties seek to resolve ail remaining disputes arnang them in order to carry ors mutually agreeable business ,practices and to contribute to an agreeable downtown envixonzx~ex~t. CLAUSES 1. The parties agree to the vacation of the Alley as described above, and as shown in the diagram attached as incorporated as Exhibit A. The dotted line shows the division of the vacation, with ownership going to each adjacent land owner to the midpoint of the alley, as it runs north to south. 2. The parties consent to the vacation described above, and agree to complete all necessary documents to be subxxtitted to the City of South Fend, or ar~y other municipality, in order to obtain the vacation of the subject Alley. 3. Saigon Market and Fiddler's Hearth agree to a perpetual easement which will run with the land, to allow the existing Fiddler's Hearth patio structure, as well as atay replacement structures, limited to its current dimensions to be situated in the alley as an outdoor daring axea as well as ingress/egress and deliveries and services via the vacated alley easement. 4. Nladisan~ Oyster $ar and Fiddler's Hearth agree that Madison Oyster Bar shall be entitled to a perpetual easement, to zun with the land, in order to allow placement of its dumpster, and use of an oillgrease vat, or a replacement dumpster and oil/grease va#, in the alley area immediately behind its building, to the north of Fiddler's Hearth, and rights of ingess/egress far deliveries and services via the vacated alley easement. 5. Fiddler's Hearth acknowledges and grants Madisarr Oyster Bar perpetual rights, which will run with the land to continue to place, maintain and repair, and ifnecessary, replace the hvo HVAC units and a satellite dish on the roof of the Fiddler's Hearth building. d. Madison Oyster Bar and Saigon Market also acluiowledge that Saigon Ivtarket shall be entitled to a perpetual easerrrent, which will run with the land, fox irtgresslegress and deliveries and services via the vacated alley easement. 7. Fiddler's Hearth acknowledgcs that Saigon Market shall not be liable far any lass or damages arising from Fiddler's Hearth use ofthe easement described in paragraph 3, abOVe, as well as the patio structure and any replacement; further, Fiddler's Hearth inderxrzrifies Saigon Market far and holds it harmless against any loss or damages arising from Fiddler's Hearth patio structure. '~ CULF.AX --°' Fiddler's Hearth, Tnc., tenant y its authorized agent STATE OF INDIANA 7 COUNTY OF ST. JOSEPH )SS: Before me, the undersigiaed, a Natary Public in and far said County anti State, this ~~ day of ~ 2~I0, a.~peared Fiddler's Hearth, Inc. by its authorized representative ~~- M~"'b")`1A1`~ _ _-__ _ __ _ ,and acknowledged the execution of the above and fvregping Agreement. IlV WITNESS WI-IEREOF, I have hereunto.set zny hand and Notarial Seal, this day ofd, 2010. `~ My Con:zrnission expi ~lR~ lIIAMy - ~ / f / 7 ~MM ~ y~ i~. ~ ~~~ +~~ ~ ~r~ ,Notary Public es~der~t of f . f H Cauz~ty. State of __~+ltta~l4 APPR~YE1a #Icrard ~f ~'ublic WorYcs iI ~` ~'~ ;~ "~ G1a3. ~, ~ t Ceai Mar, Inc., land owner By its authorized agent STATE OF INDIANA ) COUNTY OF ST. JOSEPH )SS; Before me, the undersigned, a Notary Public in and for said County and Slate, this ~~ day of ~ 2020, appeared Ceol Mor, Izac, by its authorized representative ~~~ MY~fl~ _ ___ __ ,~, and acknowledged the execution of the above and foregoing Agreement. IN WITNESS Vt~EO]?, T have hereunto set my hand and Notarial Seal, this day of ~y 2030. `t NMt~ My Commission exlaires: pu~MR- / 1M~ ~ ~~ State of ~~,R+~~ N'~ON~W ,Notary Public of -~ ~' - County. APp'ROt~~ Board ~~f Public 1~orYsa '~`~ r~~~ Baa Nguyen, land owner y BaojNguyen STATE OF INDIANA, ) CO1rNTY OF ST. 3OSEP~I )SS: Before rne, the undersigned, a Notary Pubic an and for said County and State, this ~~ day of ~ 2010, personally appeared Bao Nguyen and aclo~owledged the execution of the above and foregoing Agreement, WITNESS WI-IF..REOF, ~ have hereunto set rr~y hand and Notarial Seal- t s 3 ~ day of ~' , 2{110. My Cora~aission expires: M~ j.~t ~~~ State of ~ ~N~R^~R,,,,,_, '~" l~r'~, Notary Public of 51; S County. APPR~~EB+ board ~?f Public darks !r :N4. ~' .;d ~ F z ~~ y~p~ e~ '~ ~r}~~ r-- Saigon Mar~Cet, Snc., tenant ..~-. ~-a ~'- r --_ ~-~ a =~~~ By its authorized agent S'I'ATIr OP INDIANA ) COI.3N"TY OF ST. IOSEPI~ )SS: Before me, the undersigned, a Notary Rabic in and for said County and State, this ~~ day of ~ 2010, personally appeared Saigon Market, Inc, by its authorized repx'esentative .~ ~ .. Nutt t1 ~"~,,..,..^.,._....... ,and acknowledged the execution of the above and foregoing Agreement. IN WITNESS WI~REOI~', I have hereunto set nay hand and Notarial Seal, this ~~ day of ~ 2014. _ ~~ My Commission expir ~1p1~ ~~ ~_~.+Pl _C_? ~ eommte~ Resident of State of ..~~~iF}N)4 ~ Public County, ~.1~'P~.Q .. i~cr~rd ~ I'+ubli~ '~ ;r N~ fy !} ! rt~ wW+ Qanh Nguyen, Iand owner Oar~h Nguyen STATE OF INDIANA ) COUNTY OF ST. 30SEP~I )SS: He~f re Fne, the undersigned,. a Notary Public in and ,for said County and S#ate, tbSs ~~ day of,~ 242a, personally aggeared Oanh Nguyen and acknowledged the execution of the above and foregoing Agreement. IN WITNESS WHEREOF, Y have hereunto set my hand and Notarial Seal, this I~~~' day of , 2014. _ _ Ivly Commission expires; ~~rj1t~,wl ~Mii~~ fy . j 3 ! J Mr t;omm~a~ 1 ~'" State of ___.~~~~' ~~~yAa ,Notary l?~ibiic of _KT. at~S;~~r~ County. APPROVE ward ~# I'ul~xc Woes ..... Laura Sirr3eri, laid avvner ti ;~ {--y' ur STATE OF YNDIANA ) CQUNTY QF ST. ,TOSEI'H )SS: Befare rne, the Undersigned, a Notary Public in and far said County and State, this ~~ day of April, 2010, personally appeared Laura 9irneri and aalmowledged the execution of tl~e above and foregoing Agreement. IN W~'1VESS VV~r1=?REOF, I have hereunto set Fny hand and Notarial Seal, this _,,,,[~, '` day of April, 201t~. ~y Co~mrni$Siori ~Xpiie5: ~ ~ /'~JJ/~ J ~4•i^4r/ `" ~% y k''~ ~ .5 ,Notary F~abl is Resi ent of ,~~ County. State o'r" .~l ~~ ~PPEbV1~D fro,<~.cd tr1 ~`u~ilec 11ark~ . , { _ ~. k~ ~, -., ~ ~ 5 ~ ~ J !r iJ*. r' dtl, Inc., tenant r ~~,~' y 3 c~~ed agent STATI~ aF INDIANA } COUNTY OF ST. JDSEP~ }SS: Before rne, the undersig,ted, a Notary Public in and far said County an,d State, this ~~ ~ c. day 0f April, ?t]lq, appeared dtl, Inc. by its authorized representative ~i~rfrir~ .,~;:/.-~~v~r'.r:h .~ ,and acknowledged the execation of the above ~-~-~-- anr~ forego-ng Ag~'eemer~k. ;~ IN WITNESS WHERE©F, I have hereunto set my hand and Notarial Seal, this ~~~~ day of April, 2D10. hey Cornrsiission expires: ~~.r f7 State of~,,, ~~ 1C.~'~ ~ ~~~~ -~ F' - ~~tary Public .. Resident f . ~ '' County. APP~.O . llcsacs~ of Public ~~r~s M I affirm under the penalties for perjury, that T have taken reasonable care to redact each Social Security number in this d~~fient, unless required by law. P. Ryan Date This document prepared by Shawn 2'. Ryan, 220 W. Colfax Ave., Suite a25, South fiend, TN' 46602, ~ECElVED PETfTION TO VACATE PUBLfC RfGf-#T5-CAF-WAY (STREETS/ALLEYS} ~j~Y ~~ ~~TH ~~ND 4F ~NGJN~L=~1NG TC} THE COMMQN COUNCIL DF THl= CITY OF SOUTH BEND, iNf~fANA DATE: 7 l! ~ //~ WE, THE k1NDERS#GNED PROPERTY DWNERS, PETITiLIN YOU TO VACATE: A. THE ALLEY DESCRIBED AS The existing a#iey with encroachments that runs North and South to the immediate west of ~a} Fidd#er's Hearth ~parce# number 0180080316/8), (b} Madison oyster Bar (parcel number 418008Q31S}and rc} Saigon Market parking #at {parcel 01814080314} and to the immediate east of Saigon Market (parcel 01810080313}, as shown in the attached and incorporated Exhibit A. B. THE STREET DESCRfBED AS: Not appiicabie. NA#v#F 4signed & printed) AC~DRE55 LOT# Ceol r, Inc. b 127 N. Main Street 4180080316/$ ~~~ South Bend, iN 46601 Its authorized agent ~..~ 248 W. Caffax Ave. 01810080313 _ Boo 1Qguyen ~ South Bend, IN 46641 018.4080314 2.48 W. Colfax Ave. 01814080313 Oanh Nguyen Soeith Bend, !N 46643 01810084314 IZ9 N, Mann Street 0180084315 ur ~ r' South Bend, IN 46601 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOOFtDE, CITY CLERK ROOM 455 COUNTY-CITY BUfLD1NG SOUTH BEND, IN 46501 574-235-9221 CONTACT PERSON: SHAWN #'. RYAN 220 WI=ST COLFAX AVE. SUfTE 425 SOUTH BEND, IN 4fi601 1574) Z89-0909 --. INTER-OFFICE MEMtJRANDUillll BOARD OF PUBLIC 1~iORKS TO: a~f Littrelf, Engineering Department ~` ohrt Byorni, Area Pian Commission {285-98'!3 fax} ~" Jeff Gibney; Community & Economic Development ~ 1 ~Ettris Dressel, Community & Economic Development ~u~`J ~..~~Bob Matitia, Community & Economic Development ~ ~~ ~~~ ~erico Rodriguez Fire Department `- Andre Price, Solid Waste ~? ~ ,..~' ~8tephen Goen, Police Department ~/' Cheryl Greene, City Aftorney's Office Jirn Bettie, NlPSCO (irbettinCc~nisource.com or 284-2220 fax} Far informations! Purposes Only FROM: Linda M. Martin, Clerk ~'f~- RE: Request for Recommendation -Ailey Vacation Location: First North-South Allen South of Colfax and West of Main Street (Preliminary Reviiew~ DATE: April 25, 2048 DUE.: May fi. 2008 FAX OR E-MAIL TO:. 2355971 I ImartinCa7sourthhendin;~ov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ~~ BY: DATE: 4^-25-0F3 T 6 ~ 2ta COMMUf1Y TY DEVELOPMERIT iD°+ES742359597' ~NtE~~FF~c~ MGM©KawDU~ ~®~~D vF Pu~L~c wv~~rs 1"~. Car! Llttrell, i`rtgineering Department John Byorni, Area Ptan Commission {35.9813 tax) deft Gibney, Community ~ Economic Development Ch1'i9 ©ressel, Community & Ecnnamie Development Bop Ma4hiai, Community & rrconomic Development 1=edeticr~ Rodriguez, dire Department Andre Price, Saf{d Vllasle Stephen Goan, Police Department Cheryl Greene, Clty Attorney's Office Jim Baffin, NIPSCO (irbettinE~nlsnurce.com of 284-2220 fax) Por tnt`nrtetatiFotta~ Puvpoaes t3nt~r f:`ROII~: Linde M. t~rtin, Clerk _~y . RE: Request for Recommendation ~ Alley Vacation Location; first Nor#h-South A{fev South o1' Calfax and Went of Mai tree# {Preliminatry fRevi~ew) D~1T~; Apri12S, 2048 DUE; Ma 048 '~ f=WC aR Il=-ML11L TD:, 235.917 I (marEin th#~en a RETURN RECaMMENDATION SAGE vIV~,Y, ATTACHMENTS NAT REQUIREb. COMMENTS_& RBCC?MIV~~1~ P.6E ~~7 U4 ~'~1 ~~~~f e~ cn ~ ~~ e, ~l.~r- cf' "~0 V+s ~~ 5~ ~~ . ~t f~ ['G ~f el.,~' ~.~ a st--~" sra ~[ dvn Ors ctC -n ~''~vv r V ro(f re cror~C~[~~h c.~ ` >~~, Z .c a tr]~ ~Z..n~f ~ ~~ 1`- 4~ ~ U rCc ~~ C~rsia~sf~ I n G~ e~tf BY: a?! .~ 1~f8!'s L DATE: `~ Z S d ~ '~C1 ~4c1~^,rol~ . rJ c~-r o . Received Time Apr, ~5. 3.34Pi~ r~Tr=R-OFFICE rwEn~oRAr*IDUr~ BOARD OF PUBLIC WORKS TO: Car( Littrell, Engineering Department Jahn Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic DevelopmQnt Chris Dressel, Carnmuni#y ~ Economic Development Bob Mathia, Community & lconomic Developmenk i=ederica Radriguez, i=ire Department Andre Pr+ce, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Atfomey's 4fFice Jim Settin, NfPSCa (jrtsettfnCc~nisaurce.cam ar 284-2220 fax) lFar fnfarmatior~ai Purposes Or~iy FROM: Linda M. Martin, Clerk ,:.;~~ RE: Request far Recommendation -Alley Vacation i.aoation: First_North-South Alley South of Cvffax and West of Main Street (Preilminary Review) i;7ATE: April 25, 2008 DUE: FAK OR E-MAIL TOs May fi,_2008 235-9171 f Imartir~Ca~southbendir~.stov RETURN RECOMMENDATION PAGE ONLY, ATTACHMI=N~"S NOT REQUfRED. COMIIAENT& 8 RECOMiVIENC]ATiC?N3: /l~~~i q'iadi~l' ,/9 ~i~l~ ~D'+Q ~lg~fS.t,~ ~~ ~r~ ~J1Wd X1'1 .iA'j1~' h1, ~ir~ ~f ~'~.6~,' !y'o ~"S .y !a.l~~~ t~~'~ ~ ,~ ~i o/ Y~'~ his ~f~~ f yi~'~ ,~' '~J~"~ ~S ~/ `~~' r~ ~~ ~' s~.~*,d~#~G,7''~'c;~,~c:~ $Y:~~ ~ ~~~~~~a-~ DATE: !~ ~'~~.~ .. ,.~ thtTER-aFFtCE MEMC?RANDU~i ~OARt~ 4F PU~trt~ WaRKS TO: Cad. Littreli, l=ngineering Department John Syorni, Area Plan Commission {235-983 fax} Jeff Gitmey, Community & Economic Development Chris pressef, Community & Economic Development Bob Mathia, Community & Economic Development Federico Rodriguez, Fire fepartment r Andre Price, Spfid Waste Stephen Goen, Police ©epar#ment Gheryl Greene, CityAttomey's O#fice ', Jim Benin, NIPSCO -rE~ ttin nisource.com or 284-2220 fax) lror lta#ormatlanal f~arPosea Only ', FROIIR, Linda M. Martin, Clerk •',:i~'~-- RE: - Reques# for Recommendation - Alley Vacation Lacatlon: First North-South Ailev South of Colfax and West of Main Street (Pr9eiiminary Review} - PATE: April 25, 2008 I~U1E: May 6._2Q08 FAX OR E-MAIL TO:, X35-99i'1 ! Imartlnrk~southb®rtdln,~ov RETURN RECOMMENDATIC}N WAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS ~ RECOMMEN©ATIONS: r ~- .~ ~ ,,/ BY: t:}ATE: ~'~ ~~ ® 04/2512008 k t TO: 1Q:li 5742357536 5L]U1"H BAND ~'QLICE NNTE~-~~~~cE MEI~oRaNaul~ BCAFtU OF PUBLIC ~GRKB iFR~M: RE; Carl Littre!!, Engineering pepartment John 8yorni, Area Plan Commission (2~5-9813 fax) Jeff Gibney, •Community & Ec4nontie Development Chris Dresser, Community & Ecanornlc Development Bab Mathis, Community & Eoonamic ©eveloprnent Fer~erico Rodriguez, )`ire Department Andre Price, 5afid Wasfe Stephen Goon, police Department Cheryl Greene, CityAttarney's Office . Jim Baffin, hfIP5C0 'tire .n nis .com ar 284-222p fax) aFar 1Rf+orrr~atlonaf Purposes Only Linda M, Merlin, Clerk °r . -, Request for Recornmer:dation -Ailey Vacation Looatian; l=iter North-South AtLev,South of Goifax sod West at: M2~in Strut (Preliminary Rerrlewy a3ATE: Aprai 26; 20fl8 i I Y DIJE. Mav ii. 20~~ FAX 4R E-MAIL Tit, ~~-9'17'1 t Imartln(&~soclthberr~n~„ou RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NC?T Rp4UIRi=i~. COa!r~19Ei~ITS_,~ RECOMMENi~A"l'IONS: E3Y: ,Tar; 'Y-~tS ~ i7 $` ~AC~ 01101 3 i k I deceived Time Apr, 25. 12.~~PM oa!~o~2o'Qa y~:as FAx V INTEL-4FF1CE M~M~RAND~I~I BB~Ar~D ®f pL~8~,1C WORiC~ `f®. Car! I.lttrell, Enginecrin~ Depar#mant John Byami, Area. Plan Commisslon (23~-9813 J'ax) Je#f Gibney, Comm~ni#y & Economic Dsvslapment Chris Dressel, Com~nc~nlty ~ Economic Ds~relapmvnt Bab Mathfa, Camrnunity a Economic ©er~elopment Federico Redrigc+ez, Fire D®partm®nt Andre Pr1ra, Solid Waste slspn®n Go®n, Police Department Cf~eryl Greene, Gity Attomay'a 4ifiae Jlm Benin, NJPSGO (jrbettin ni~o~ urc~.,~om or 284-2220 iax) ~~or Iniormatlon~tt Purposes aniy FROIY[: Linda M. iViartln, Ciprk , RE.' Request tar Recomrrrandatian - Alfey Vacation Loo#~on. Fir No ~,-$o~thAliev ~outtt of Calf~g end West of Main treat (Preilminal~y Revle+r~ PATE: April 25, 2008 ®UEs a B x ~~x aJ~ ~-~tArr.. T~;, zas~~~~~ i rm~~ , outt~b n~~„~,, RETURN R~coMMieNDATfON PAGE QNLY. ATTACHMENTS NoT REp~J#RED. COMMENT`S ~ RECB~MENpATION~~ gY: DATE; ~' ,~ ° O ~ oo2~on2 Received Time Apr, 30. 11;34Ah~ area plan Corv~mission of St, Joseph Cou~ty- ~ 14C? County-City Building South Bend, Indiana 4660 ,lohn W. Byorni Larry P. Mag~iozzE executive Uirectar Assistant Director Phone 574 235-9571 www,stjasephcauntyindiana.corn/area~ian Fax 574 235-9813 June 6, 2(108 The Board of Public Works I3~' Fiaor, County-City Building Sough Bend, Endiana 4b6U I RE: Ailey Vacation ' First North-~So-rth Alley South of Colfax and West of Main S[reet 17exr Board Members: The staff has reviewed this petition. tt is tho staff s op%nion that: { 1) Ths vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which lit is contiguous. {2) The vacation would not make access to the lands of the aggrieved person lyy means of public way difficult or inconvenient. {3) The vacation waudd not lender the public's access to a church, school, or other public building or place. {4} The vocation would not hinder the use of a public way by the neighborhood in which it is located or to which it is co~ttiguous. Staff recommends that the street be vacated subject to any further utility or access easements recommended by the Engineering and Building C~ep~tel:ts. Sincerely, /`« ~~ Mark Lyons Planner ServEng Souttr Bend, Lakeville, New Carlisle, North iabetty, Osceola, Roseland end Si. Joseph County, Indiana :.~ , ~~,- Page 1 of 1 3ennifer C~a~ie - fwd: Ailed Cafe li=rom: Carll.ittrell To: Jennifer Corte ®ate: 6j5/2008 4:01 PM Sub,~ect: I"wd: ANey Cafe fyi »> Fiddler's Hearth Public House <fiddlershearthCa-gmail.com> 5/20/2008 5:40 PM »> Thank you for your patience while we've done our research with the city and discussed the issues with our neighbors surrounding the use and maintenance of the alley that runs behind our business. Some conflicting information on wraps received from the city has slowed us down some, but after my last conversation with Tony Molnar at the Engineering Department, we understand that the alley is indeed owned by the city (contrary to a notation on one of the maps we found). We are currently against the idea of vacating the a##ey as it would totally cut off our legal access to the back of our restaurant. We prefer to leave our garden in the alley under the sidewalk cafe provision wit#r a variance that ai#ows us to leave it up at night and year round as requested in our application. (This was approved last year per a letter from I.irrda Martin stating that we needed to also take care of a dangling wire on the back of the building,) Tt~e pergola in the alley conforms with the drawing that was submitted and approved by Public Works last year. We completed two app#ications and paid for two permits last year (one for the front sidewalk and one for the back alley), and paid for two permits again this year. if the sidewalk cafe avenue is not satisfactory, is there another avenue that would allow encroachment an public property? Both Fiddler's and Oyster Bar are still receiving deliveries through the garden to our back doors, and the fire marshal has inspected and approved the structure. At this paint, i need to know if there are any other issues with the garden that I need to address. We have invested over $10,006 in the paving and pergola. It has proven extremely popular with our patrons and we would very much like to keep it. Please advise what else we need to do. Best regards, Carol Meehan Fiddler's Hearth f~e:llC:lDocuments and Settingsl~'CORLE1~,oca1 SettingslTemplXPgrpwisel4$480DE8SOU... 6fS12448 Aria flan ~amis~i~~ ®f St. J~~~~~ ~c~unty 114Q County-City Building South Bend, Indiana 46641 John W. Byorni harry P. Magliozzi Executive Director Assistant Director ~..~.. Phone 574 235-9571 www.stjosephcountyindiana.com/areapian Fax 574 235-9813 August 3, 2010 Derel~ Dieter, President City of South Bend Common Council Fourth Floor, County-City Building 22? W. Jefferson Boulevard South Send, IN 46641 RE: Floodplain Ordinance Amendment Dear Mr. Dieter: The Federal Emergency lVlanagement Agency recently caznpleted re-mapping the Special Flood Hazard Areas of the City of South Bend. The study also included nevv 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 adapted by the City by January 6, 20l 1. Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this ordinance is to bring the City's fioodplain regulations into cozxipliance 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 azzy questions, please feel free to contact me. Sincerely, GV. ' o W. Byorn~ AUG - 3 2Q>~ ~;~~- ~ ,'~~ ~fn; r~. Serving South Bend, Lakeville, fVew Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Area Plan ®mrni~~i®n ®f St. J®se~h ®unty 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P, Magliozzi Assistan# Director Phone 574 235-9571 www.stiosephcountyindiana.corn/areaplan Fax 574 235-9813 August 18, 2010 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: An Ordinance Amending Chapter 21, Zoning, Of The Municipal Code Of The City Of South Bend, St. Joseph County, Indiana, By Repealing And Replacing Section 21-12, Floodplain Regulations, In Order To Adopt The Most Recent State And Federal Requirements Relative To Floodplain Regulations, City Of South Bend, Indiana. APC #2561-10 Dear Council Members: I hereby Certify that the above referenced ordinance of was legally advertised on Thursday, August 5, 2010 and that the Area Plan Comtission at its public hearing on Tuesday, August 17, 2010 took the following action: Upon a motion by Ann Puzzello, being seconded by Donna Chamblee and unanimously carried, an Ordinance Amending Chapter 21, Zoning, Of The Municipal Code Of The City Of South Bend, St. Joseph County, Indiana, By Repealing And Replacing Section 21-12, Floodplain Regulations, In Order To Adopt The Most Recent State And Federal Requirements Relative To Floodplain Regulations, City Of South Bend, Indiana, as amended is sent to the Camman Council with a favorable recommendation. The current Flood Insurance Rate Maps {FIRM) are from February 17, 1988. Recently, the Federal Emergency Management Agency {FEMA) completed a re-evaluation of flood hazards in the area. The new FIRM will became effective on January 6, 2011. In order to maintain eligibility in the National Flood Tnsurance Program (NFIP) each jurisdiction is required to adopt floodplain management regulations that meet FEMA standards. PLEASE NOTE: The following changes were made by the Area Plan Commission to the ordinance originally sent to you: Page 12 -third to last line in Regulatory flood definition should be 21-12 (c) 2 rather than 21-12 {e) 3 Page 16 _ #9, third to last line, reference should be to South Bend zoning code, not County Serving South Bend, Lakeville, New Carlisle, North Liber#y, Osceola, Roseland and 5t. Joseph County, Indiana ~'ar your convenience, revised pages have been. attached to this letter. Please replace the old pages. 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, ~• hn W. Byarn JWB:jsc Attachment 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, Flaadplain Regulations to reflect changes in the Indiana Code. The Common Council of the City of South Bend recognizes rts 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 identifes the floodplains, floodways and floodway fringe areas within the City in conjunction with the National Flood Insurance Program. Now, Therefore, he it ordained by the Camman 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 L2. FLOODPLAIN REGULATIONS SECTION 21- l2 FLOODPLAIN REGULATIONS {aj Statutory Authorization, Findings of Fact, Purpose, and Objectives (1} Statutory Authorizatian_ 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 lass 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 Iosses 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 anal to nrainimize 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 far 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 notif ed that property is in a flood area. (b) I3efinitions Unless specif cally 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 irz Article 12 -Definitions, the following definitions shall apply to the f'loodplain Regulations of this Chapter. {1) A zone means portions of the Sp'HA in which the principal source of flooding is runoff from rainfall, snawmelt, 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 A 1-A3 a, 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 Al-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.) Zane 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 decertifcatian of a previously accredited flood protection system that is determined to be in the process of being restored to provide base flood protection. Mandatary flood insurance purchase requirements apply. Zane A99: Areas subject to inundation 6y the one-percent annual chance flood event, but which wil! 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 ioad- bearing wall other than a firewall. 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 panding 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. (S) 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. {i0) Community Rating System (CRS} means a program developed by the Federal Insurance Administration to provide incentives far 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 (loading might be too great. Critical facilities include, but are not limited ta, schools, nursing homes, hospitals, police, fire, and emergency response installations, installations which. produce, use or stare 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 an a site for more than 1 SO 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, f fling, grading, excavation, or drilling operations; {F) construction and/or reconstruction of bridges ar 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 flung, grading, excavation, or the construction of permanent structures. {l3) Elevated structure means anon-basement structure built to have the lowest floor elevated above the ground level by means of f ll, solid foundation perimeter walls, flied stem wall foundations (also called chain walls), pilings, or columns (posts and peers}. Wage 5 of 31 (14) Elevation Certificate is a certified statement that verifies a structure's elevation information. (15) Emergency Program means the frst 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 FTRM. (16} Encroachment means the advance ar 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 far which the ``start of construction" commenced before the effective date of the community's first floodplain ordinance. (1 $) 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 rzaanufactured homes are to be affzxed (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 commuzuty's fzrst 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 an 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 ar 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 ar~d rapid accumulation, ar the runoff of surface waters from any source. (23} Flood Boundary and Floodway Map (FBFM) means an off cial map on which the Federal Emergency Management Agency (FEMA) or Federal Tnsurance 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 identif ed 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 bath 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, ar watercourse which have been or hereafter may be covered by the regulatory flood. The floodpIain includes both the floodway and the fringe districts. (3 Q) 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 floodpIain, including but not limited to emergency preparedness plans, flood control works, floodpIain 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 far preventing and reducing flood loss and damage. FIaadplain management regulations are also referred to as floodpIain regulations, floodpIain ordinance, flood damage prevention ordinance, and floodpIain management requirements. (32) Floodproofng (dry floodproofzng) 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. AlI 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) Floadway is the channel of a river ar stream and those portions of the flaodplains 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 39 (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 far the many unknown factors that could contribute to flood heights greater than those calculated far the base flood. (36) Fringe is those portions of the floodplain lying outside the flaodrnray. (37) Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located ar 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, ar service facilities. {3 $) 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 an the National Register of Historic Places ar the Indiana State Register of Historic Sites and Structures. (4 i } Increased Cost of Compliance (ICC} rr~eans 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 June 1, 1997, will include ICC coverage. (42) Letter of Map Amendment {COMA} means an amendment to the currently effective FEMA map that establishes that a property is not located in a SFHA. A COMA is only issued by FEMA. (43} Letter of Map Revision (LOMB) 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 (LOMB-F} means an official revision by letter to an effective NFIP map. A LOMB-F provides FEMA's determination concerning Page 8 of 31 whether a structure or parcel has been elevated an fill above the BFE and excluded from the SFHA. (4S) Lowest adjacent grade means the lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, ar basement entryway immediately next to the structure. (46) Lowest Hoar 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 lowest level of the structure; (D}the tap of the first floor of a structure elevated on pilings or pillars; (E) the tap 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 BI~E and construction meets requirements of (k'}(i}.; or (F} the tap 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: i. the walls are designed to automatically equalize the hydrostatic flood forces an 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 { i }square inch for every one square foot of enclosed area. The bottom of all such openings shall be no higher than one {l) 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 borne means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed far use with ar 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 mare 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. (S2) 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 {NF1P) 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. (S5) New construction means any structure for which the "start of construction" commenced after the effective date of the community's first floodplain ordinance. (5b) New manufactured home park or subdivision means a manufactured Name park or subdivision far 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 19$8 (NAVD 88) as adopted in 1993 is a vertical control datum used as a reference for establishing varying elevations within the floodplain. (58) Qbstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rack, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard ar 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 (104-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 (I%) 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". (b 1) Participating camm~.rnity 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 plarumetric features. These changes typically occur as a result of structural wanks or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs. (63} Past-FIRM construction means construction ar substantial improvement that started on ar 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 ar substantial improvement, which started an ar 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 ratifying participating communities of violations and def ciencies in the administration and enforcement of the local floodplain managezxaent regulations. (66) Public safety and nuisance, anything which is injurious to the safety or health of an entire community, neighborhood ar any considerable n~.unber of persons, or urlawfixlly obstructs the free passage ar use, in the customary manner, of any navigable lake, or river, bay, stream, canal, ox 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 permar~ertly 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. (6$) Regular program means the phase of the community's participation in the NFIP where more comprehensive floodplain management requirements are imposed and Page 19 of 31 higher amounts of insurance are available based upon risk zones and elevations determined in a EIS. (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) 2 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 lass means flood-related damages sustained by a structure on two separate occasions during a 10-year period ending an the date of the event far 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 f nds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that intended to discourage or otherwise restrict land development or occupancy in flood-prone areas. (72) Special Flood Hazard Area (SERA) 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 b, 2011. (These areas are shown an a FHBM or FIRM as Zone A, AE, Al- A30, AH, AR, A99, or AO). (73) Start of construction includes substantial irr~pravement, 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 ar permanent construction of a structure (including a manufactured home) an 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 andlar walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms. Far 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 ar not that alteration affects the external dimensions of the building. (74} Structure means a str€~cture 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 far more than 180 days. {75) Substantial damage means damage of any origin sustained by a structure whereby the cast of restoring the structure to it's before damaged condition would equal ar exceed Sa 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 ar 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 loss" 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 stnzcture", 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 NF1P. (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. {SO) Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature an or over which waters flaw at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (81) Water surface elevation means the height, in relation to the North American Vertical Datum of 1988 {NAND 88} or National Geodetic Vertical Datum of 1929 (NGVD} {other datum where specified) of floods of various magnitudes and frequencies in the floadplains 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 equaled or exceeded (the 500-year flood). Unshaded X zones (C zones on older FIRMS} designate areas where the annual exceedance probability of flooding is less than 0.2 percent. (83) Zone means a geographical area shown an a FHBM or FIRM that reflects the seventy ar type of flooding in the area. (84} Zone A (see defnition 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 G} (c) General Provisions {I) 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 lndiana Department of Natural Resources for review and approval. {A) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs of South Bend, lndiana shall be as delineated on the 100 year flood profiles in the Flood Insurance Study of St. Joseph County, lndiana 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, 2011. (B) The regulatory flood elevation, floodway, and fnnge 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 0# 37 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 zx~ore 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 6e 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. (S) 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 an 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 South Bend, 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 fraxn 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 an tyro 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 stnzcture 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. EIevation 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 floadproofed; 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 ar NGVD elevation of the lowest floor or floodpraofed elevation, as built. Said certification shall be prepared by or under the direct supervision. of a registered land suzveyar or professional engineer and certified by the same. When floodproofing is utilized for a particular structure said certif cation 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 Administxatox The Floodplain Administrator and/or designated staff is hereby authoxized and dzxected to enforce the provisions of this oxdinance. 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 (COMA), 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 floodpraafing 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} {~)~ Page 18 of 39 {J} Verify and record the actual elevation to which any new or substantially irnpraved structures have been floodproofed, in accordance with Section (d) (2}; {K) Review certified plans and specif cations 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 sha11 be in writing anal shah 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, instalIatian, or replacer~zent of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this ordinance. (e) lE'rovisians f©r Flood Hazard l~eductio~z { 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 m.avement 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 ar 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 atlabove 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; (Fj 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 systerp; (H} Qn-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; {1) 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 captained in this ordinance; and, (.I) 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 ar 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 least equal to the volume of storage lost (replacement ratio of 1 to 1}due to the f 11 or structure. i.. 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 fzll or structure is located, will be accessible to the regulatory flood water, will not be subject to popding when not inundated by flood water, and that it shall pat be refilled; iii. The excavation shall provide for true storage of floodwater but shall not be subject to parading when not inundated by flood water; iv. The fill ar structure shall not obstruct a drainage way leading to the floodplain; Wage 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 ar 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} { I ), 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 X00 square feet; ii. Addition ar improvement made to any existing structure: a. where the cost of the addition or improvement equals ar 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 mazket 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 1$0 days. v. Installing a manufactured home on a new site or a new manufactured Name on an existing site_ This ordinance does not apply to returning the existing manufactured borne 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, izzdustrial, 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 flaodproofed in lieu of being elevated if done in accordance with the fallowing: 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 take 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. Floadproafing 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 fnished living space and designed to allow far 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 ar meet the following minimum criteria: i. 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; ar, 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 6e installed to remove floodwaters from the interior area of the crawlspace within a reasonable period of time afker 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 ar 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 na greater than 1 foot deep before compacting to 9S% 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 FFG. 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 flaw of surface drainage from or onto neighboring properties, v. The top of the lowest floor including basements shall be at ar 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 1 SO days must meet one of the following requirements: i. The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the Fl'G 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 rrlanufactured hams park ar subdivision; b. in a new manufactured home park or subdivision; c. in an expansion to an existing manufactured home park ar subdivision; or d. in an existing manufactured home park or subdlvlslon on which a manufactured home has incurred "substantial damage" as a result of a flood. ii. The manufactured home shall be elevated sa 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 an 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 undeN- f~'aar spaces} shall be designed to preclude finished living space and designed to allow far 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 na permanently attached additions}; or meet the requirements for "manufactured homes" as stated earlier in this section. (3) Standards for Subdivision Proposals. (A}All 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/ar 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 ar 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 Floodways. {A) Located within SFHAs, established in Section (c} {2) of this ordinance, are areas designated as flaadways. 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 far a permit for construction in a floodway. Under the provisions of IC 14-2$-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 far 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 befoxe the actual start of construction of the structure. However, it does exclude non-substantial additions/improvements to existing (lawful} residences in anon-boundary river floodway. (IC 14-28-1-26 allows construction of non-substantial additiansl improvements to residences in anon-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 far construction in a floodway issued by the Indiana Department of Natural Resources. However, a carnmunity's mare 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 rriaxe 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 FlaadpIain 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 identif ed flaodplain 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 140 year flood elevation and the recommended Flood Protection Grade has been received from the Indiana Department of Natural Resources. iii.Once th.e Floodplain Administrator has received the proper permit far construction in a floodway or flaodplain 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 ofthe site is Less than one square mile: (i) If the site is in an identif ed flaodplain where the limits of the floodway and fringe have not yet been determined and the drainage area upstream of the site is Tess than one square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodplain and 104 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 ar potential flood damages. (8) Standards for Flood Prone Areas. All development in known flood prone areas not identified on FEMA maps, or where no 1~EMA published map is available, shall Page 27 of 3i meet general standards as required per Section {e}{2)(A) through {p) of this ordinance. {f} Variance Procecfua~es {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 thf s 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 waterfront location, where applicable; {E) The availability of alternative locations far the proposed use which are not subject to flooding or erosion damage; {l~}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 3t (I) 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. {4j Conditions for Variances (A}Variances shall only be issued when there is: i. A showing of goad and sufficient cause; ii. A determination that failure to grant the variance would result in exceptional hardship; and, rii. 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 ar victimization of the public, or conflict with existing laws or ordinances. (B} No variance far a residential use within a floodway subject to Sections {e)(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 located 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 Haar is to be built and stating that the east of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation (see Section (f}(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 ox the Indiana Department of Natural Resources upon request {see Section (~(5)}. (5) Variance Notiflcatian. 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 recaxded 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 far 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 structuxes" upon a determination that the proposed repair ar 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. 3oseph 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) Sevex-ability If any section, clause, sentence, or phrase of the Ordinance is held to be invalid or uncanstitutianai by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance. Secti©n 3. This ordinance shall be in fizil farce and effect an Ianuary 1, 2011, after its enactment, approval by the Mayor and publication as required by law. City Clerk Member, The Common Council, City of South Bend Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2010, at o'clock ._m. City Clerk Approved and signed by me on the day of , 2010 at o'clock _. m. Mayor ofthe City of South Bend, Indiana ~q~~ ~!~l~~~~~v{ va~~~~ Vt: 1 Vi.wP'kliy a7 il. R~iS JS 13[v 1. }'U3L'~ F~E~',~:{~~G 3 rd REAaiNG NOT APPROnV~&? ~, Page 31 ofi 31 Ft~~ERRE~ ` ~~ ~ ~ ~ ~ u ~ Q PASSES .:, Mt: ~~pUT$g~~ 1' i l 'l~j, O e ~` ~ ~~ "~ ~~~ ~ qty ®f South fiend ®ll~.lll®.t]. ~®1~.11C1~ ~ 1865 ~ 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 466oi-1830 Derek D. Dieter President OIiver J. Davis Vice-President Ann Puzzello Chairperson, Conr~mittee of the Whole Derek D. Dieter .First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puxzello Fourth District David Varner Fifth District Qliver J. Davis 5ixt1~ District AI "Buddy' Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large August 18, 2010 Members of the South Bend Common Council 4th Fiaor County-City Building 227 W. Jefferson Boulevard South Bend, Indiana 4fifi01 Re: 2017 Salary Ordinance for Members of the South Bend Common Council Dear Council Members: The attached proposed ordinance would establish the salaries of the Common Cauncil Members for the calendar year 2011. I ask far your favorable support. Thank you. Sir}c ely, f ~ Derek D. Dieter, Council President 'gip s. n t'.a!":J ni.r; ' '~`~ F 9~ Oi4tf 5d~ ~, ,r .i K (574) 235-9321 Pax (574}235-9173 TDD (574} 235-5567 http://www south6endin.gov ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2011 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 36-4-~-2, the City's legislative body is required to fix the ann~ral compensation of all elected officers. Such compensation may "not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year." The following Ordinance establishes the annual compensation for Common Council Members for the calendar year 2011. r '~: ~~, r/mar./-~.•, 1r~ rr ~-~•~/~«~~~~1 by the Common Council of the City of South Bend, Indiana, as follows: Section I. The members of the Common Council of the City of South Bend, Indiana, shall be paid from the General Fund the following annual salary amount. 2011: $17,236.00 Section II. This Ordinance shall be published as required pursuant to Indiana Cade ~ 5-3-1, with the first publication taking place at least thirty {30) days before the final passage by the South Bend Common Council. Section III. This Ordinance shall be in full force and effect from and after its passage by the Comrnon~Council and approval by the Mayor. Member of the Corn~xaon CouncYl Office of the City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the _day of , 2010 at o'clock .m. Office of the City Clerk -. %~..•~~~./~.~.~/,ry~~~~/ by nae on the _day of , 2010 at o'clock .na. Stephen J. Luecke Mayor of the City of South Bend, Indiana 1 sF READING PUBLIC NEP.RII~lG 3 rd ~:EADi4~lG Nar ,~PPlzourl~ REFERREf~ Pft55.E~ ..;:;, n": ~~_u... , .......... _._.. ,, ;,~~,c fie of the C~ ~~ john voorde, City Clerk August 1$, 2010 Honorable Derek D. Dieter, President South Bend Common Council 227 W. Jefferson Boulevard South Bend, !ndiana 46601 Re: 2011 City Clerk Salary Ordinance Dear President Dieter: Attached for your consideration is the 2011 salary ordinance fixing compensation for the South. Bend City Clerk. This annual filing is prescribed by !ndiana State Law. Your favorable consideration is solicited. Thank You. Respectfully, ~a ,~ John Voorde City Clerk 455 County-City Building •227 W. Jefferson Blvd •5ourh Bend, Indiana 46601 •5741235-9221 • Fax 5741235-)173 • TDD 5741235-5567 Mary Beth Wisniewski Janice Talbaonn Winona Hays Chief Deputy Deputy Ordinance Violation Clerk ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2011 Statement of Pu ose and Intent The City Clerk serves as Clerk of the Common Council under Indiana Code ~ 36- 4-b-9 and maintains custody ofits records. The City Clerk is also charged with maintaining all records as required bylaw; keeping the city seal; administering oaths; taking depositions; attending all regular and special meetings of the Council; and performing other duties as required by the Common Council. The Common Cauncil is required by under Indiana Cade ~ 36-4-'1-2 to fx the annual compensation of all elected city officers, with such an ordinance being published at least thirty (30) days before final action by the Council. Indiums Code ,{+ 3b-4-1 1-4 authorizes the City Clerk to appaint "the number of deputies and emplayees authorized by the city legislative body." In the interest of fairness, the following ordinance sets forth the same percentage increase for the City Clerk as requested for the deputies and employees in the City Clerk's Off ce. . ~! ~-.. //'~~,-~~•,-~: /~-,•i~•,-.G,;,,.~/ by the Common Council of the City of South Bend, Indiana, as follows: Section I. The annual compensation for the City Clerk ofthe City of South Bend, Indiana, shall be established at a maximum amount of $S3,SS6.00 for the 2011 calendar year. Sectian II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Member of the Common Cou~~~ .. ,, : 3i::P P.iP l ~ h i j ..~ i .s~ ky .1~„aY,liS %i.$,r.• Off ce of the City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of ,2010 at o'clock .m. Office of the City Clerk ~~iii~i~/r~~r~/./~~rii~ ~y ITIe o11 ~11L' day of , 20l ~ at O'Cloek .117. Stephen J. Luecke Mayor of the City of South Bend, Indiana _~,,. 3 ~ i st READ3N~ F~. a~~~.f~ ~Fn~~i~i7 3 rd F;EF=.L1i~G hIOT APPti04'Ei~ ~~ ri:RRED ?R55Ef3 - ~~~'~; ~~3 ~~~1'~'~ ~ ~ tst~ Af1G ~ 7 2C~0 dL3!~H 1~'OCRw GlTYCLEAK. ~^ ;;c'~~,1N. Cour~'rr Crrr Butu3u~G 227 W. JEFFERSON BDUi.lEUARD SOUTH $ENp.1N 466t)i rPY J . ~~ ~ G; t :'~, . '~ . (.err-'l~ ~„~'~~li wff `;~C.~ j~~ ~ v. e ~ 865' P~1oME 674.235-9216 F,~x 574-235.99x9 CITY OP SOUTH BENQ STEPHEN J. I.UECISE, A1~AYOR OFFICE QF 14DMlNtSTRATlON Sc FlAIANCE GsR,I GG ~3. ZIEI++ITARA, CITY CCNTROLt~R August 48, 2010 Mr. Derek Dieter President, South ~3end Common Gaunci! ~~' Flom, County-city Building South Bend, IN 46601 re: 20 ~ 1 Annual Salary -Mayor Dear CaundE president Dieter: Attaci:ed is the 20'(1 salary ordinance setting fhe Mayor's salary for the fiscal year beginning ,3anuary 7, 2011 and errdir~g Deeer~ber 31, 20't1. Accx~rding to provisions under Indiana law, i.C_ 3fi-47-2(c), the Mayor's 201'1 salary may not be reduced from khe prior year amount This ordinance maintains the Mayans salary at the 2040 rate. I vuill present this Drdinanre at the C~ouncii's Personnel & Fi»ance Carnmittee meeting and at the publ~ hearing intended far September 27, 2010. Respectively Submitted, Gregg D. ientara ,, cc: Stephen ,1. Luecke, Mayor of the Gity of South Bend ~V~ i U F~~U ;t rrn ~ I•••~ „~tr; ~ 1 vtiJ~'uF ~' BILL N®. ®RIlII~1ANCE NO. AN ORDNANCE OF THE C®11+IMON C®UNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE 11~IAYOR FOR CALENDAR YEAR ZOl l STATEMENT OF PURPOSE AND Z(NTEN'I' Pursuant to Indiana Code 36=4.7-2, the City's legislative body is required to fix the annual compensation of all elected officers. Such compensation may "not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year." The following Ordinance establishes the annual compensation for Mayor of the City of South Bend in calendar year 2011 at the same rate set in 2.OI0. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIi, OF THE CITY OF SOUT~I BENB, INDIAIV.A., as follows: Section 1. The annual compensation for the Mayor of the City of South Bend in calendar year 2011 shall be and hereby is established at $96,526.00. Section TT. This Ordinance shall be in full force and effect from and after its passage by the Comntoz~ Cr~uncil, approval by the Mayor and any publication required bylaw. Attest: City Clerk ~ ~ ~~~ ~ Member, South Bend Common Co eil ~~yt~a~'.~~~ F,.iG ~'~~: ;Y ~e.:l 3j a.aC<` ;.'t3 5W 7. 73i:.~~}(~.. 'd",..r''~: :for .` ~ ~.t ~~ ~}.r~" ~:~ ~42r: k:.N L' ~f '~ ~ .„, 5a _ ~- Presented by me to the Mayor of the City of South Bend, lndiaua on the day of ... _ . ~__.. ...,. , 2 , at o'clock ,_...,: m. Deputy City Clerk Appro~red and signed by me on the day of 2 . at o `clock .m. Mayor, pity of South Bend, Indiana 1st REAplNG ~' ~-~ ~~~ PUBLIC HEARfNG 3,~d Rr'~-GIG ~1t7T APPRC3.YF~J ~.F.FCRRE~ PASS~t) ~. , f. ~ ~~ ~ ~ X010 ~_.~... _,~,v....~....._....~..,..,_..,~ J4 •. AREA BOARD OF Z®NING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574} 235-9554 F.~x: (574) 235-5541 ~~_ 4y August 5, 2010 The Honorable Common Council 4f the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception for NRJ Real Estate, LLC to allow a Resource Recovery Facility ABZA $/4/10 Bear Council Members: The above referenced petition of NRJ Real Estate, LLC was legally advertised on July 22, 2010. The Area Board of Zoning Appeals gave it a public hearing an August 4, 2010, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception of NRJ Real Estate, LLC to allow a Resource Recover Facility, on property located at 3700 S. Gertrude Street, 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 ~, ..E. aKw ~-~~ CCB/cah 1~ RJ REAL ESTATE, LLC SPECIAL EXCEPTION PURSUANT 21-fl9.3(D} AREA BOARD OF ZpNING APPEALS FINDINGS OF FACT I . THE PROPOSED USA WILL. NOT BE INJURIOUS TO THE PUBLIC I-iEALTI-T, SAFE'I"4"_ CflMF4RT, COMMUNITY MORAL STANDARDS. CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety traffic. and parking regulations as to not being injurious to the, public health, safety. inorals_ and general welfare of the community. 2. THE PROPOSED Z~SE WILL NOT INJURE OR ADVERSELY AFFECT THE US.i~ OF THE ADJACENT AREA OR PROPER'T'Y VALUES TI-IEREIN B1".CAUSE: TI-~e ~~ariance or case sha11 irriprove the appearance of the neighborhaod and will nat devalue the surrounding properties. S. TI-rE PROPOSED LSE WILL. BE CONSISTENT WITH THE CHARACTER OF TH"E DISTRICT I7\~ WHICH IT IS LOCATI=D A1~lD TFIE LAND USES AlJTHORIZED TI-i7rREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition far this property. 4. THE PROPOSED USE rS COl4IPATIBLE WITH THE REG01vIMENDATIONS OF THE CITY OF 50UTH BEND CC7NIPREIIEI~T.S'II'E FI,4TV BECAUSE: It is the feeling of the Board that tl~e variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. coNDrTIONS oR REVISroNS: DECISION iT IS THEREFOr2E the decision oftlte r3oard that this request fnr Special Exception steal[ he passed onta the Citti of South Bend Common Council with a: FAVOI-2.ABLE L2ECON1IVTL~'1VDA'i'ION ADOPTED this 4th Uay ofAueust, ?O1 p. YES ;v0 ® MICHAEL URBANSKI ,~BSE?~T RANDA~L.L MATTHYS ® JACK YOUNG ,aBS]~:nT JACK HICKEY ® GERALD PHIPI'S ® ROBERT HAV~~LEY ® JOE VELLEIVIAN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL ®F TIIE CITY OF SOUTH MEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR 'I'HE ]PROPERTY LOCATED AT 37fifi S, Certruc3e 4r. ~'HEREAS, Indiana Code Section 36-7-4-918.5, requires the Common Council to give notice puxsua~lt to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; acid VtrHEIdEAS, tl~e Camtnon Council must take action within sixty (60} days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Con~txion Council is required to make a determination in writing on such requests pursuant to Indiana Gode Section 36-7-4-91$.4, and VF-'I~EREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NO~V, TkiEREFORE, BE IT ]SOLVED BY't'I-IE COII~ON COUNCIL OF TIDE CITY OI1' SOUT~I }SEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the Dearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception Tie granted for the property located at: ~ i~0 S, Ger-t~-ude St. in order to permit A special exce~~tia~~ to alla~~- a ~•esau~•ce ~~ecovea•yl facility-. SECTION TL Fallowing a presentation by the Petitioner, and after proper public hearing, the Conunon Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on f Ie in the Office of the City Clerk. SECTION III. 'T'he Common Council of the City of South Bend, Indiana, hereby finds that: l . The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure ar adversely affect the use of the adjacent area. or property values therein; 3. The pxoposed use wi]I be consistent with tl~e character of the disfrict in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations'ofche City of youth Bend Comprehensive plan; S11;CTI~N IV. Approval is subject to the Petitioner complying with the rcasanable conditions established by the Area Board of Zoning Appeals which are an file in the off ce of the City Clerk. ~E~TIaN V. The Resolution shall be in full force and effect from and after its adoption ley the Common Cauneil and approval by the Mayor. Member of the Car~~rnon Council $RESENT~i7 ~` ~- ~ _l c1 I:dC3~ ~+PPRO`d~r% 'A,Q; SCE ' -3 pr S" S w. ~ x k~b AR y tl fro t eib ~~ ~.i~ & ,5~] ye~~ ~.4sS7i b1 ~<. '' $ ~ ", V ~ ~ ~ ~~~~ PTA ~~~ t~ ~ - ~. ~~ ~ t RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREA5 WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 90I (Lot 2) and 909 (Lot 1) North St. Peter Street AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Snyder Caastom ~-Iomes, Incorporated WHEREAS, a Statement of Benefits and a petition far 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 901 (Lot 2) and 909 {Lot I) North St. Peter Street (old consolidated address is 727 East Corby Street), South Bend, Indiana, and which is mare particularly described as follows: Lot 1 and Lot 2 as shown the same and designated on the Plat of Snyder's Corby Street Minor Subdivision as in the Offce of the Recorder of St..laseph County, Indiana; and this property which has the aid consolidated Tax Key Number of 018-5107-376b, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seg., and South Bend Municipal Code Scetians 2-7G et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Gammon Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Cade 6-1.1- 12.1, et seq., and South Bend Municipal Cade Sections 2-7b, et sea., and .has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required bylaw; and WHEREAS, the Community and Economic Development Cannmittee of the Common Council has reviewed said report and recommended to the Camman Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE 1T RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition far real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-l .l -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved ar contain only one {1) or two (2} family dwellings designed for up to four {4} families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; ar ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under 1C 5- l . l -24 and IC 6- l , l -2S; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not perinanently occupied or a significant number of parcels in the area are vacant land; ar E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana ar the United States; or, G. The area {plus any areas previously designated under this subsection} will not exceed ten percent {10%) of the total area within the Council's jurisdiction. SECTION Ill. The Camman Council also hereby determines and finds the fallowing: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projecfis of ` this nature; C. That the other benefits about which information was requested are benefts 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. 2 E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not he allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Caxnznon 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 Benefts form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Cade 6-1. I -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 adapts a Resolution designating this area as a Residentially Distressed Area far purposes afreal 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 qualifed 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 Cade 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. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Can~mon Council and approval by the Mayor. ~.. Member of he C.om~mon ......_.....~ Council !rte? Fi;~,; ,r{r: c d ~.L ~..T: r.~ 4 L-~) ., ~~ '';'~ it 1200 CouNrv-C7Tr BLSILDING 227 W. ~BFFEILSON BOL3LEVAftD SOUI"H BENIJ, INDLANA 46641-1830 PHONE 5741235-9371 FAx 5741235-9021 TI]D 5741235-5567 CITY OF SOUTH BEND STEPHEN j. LUECI4E, MAYOR c®~~u~r~~ Eco~®~~c ~v~L~~~E~~ ~EFFREY V GISNEY ExECUTIVE DIRECTQR August 30, 2010 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Flaar, County City Building South Bend, fN 46601 RE: Residential Real Property Tax Abatement Petition for: Snyder Custom Homes, Inc. Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition subrrlitted by Snyder Custom Homes, Inc. to build two single- family homes at 901 and 909 North 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 two single-family homes at a cost of approximately $525,000 each. The project meets the qualifications fora (5) five-year real property tax abatement. T`he petitioner will be available to meet with the Committee on Monday, September 13, 2010. Should you or any of the other Council members have any questions concerning the report, ar need additional information, please feel free to call me at 235-5835. Sincerely, ~.~ Bab Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Melxlbers Mayor Stephen Luecke .leffrey Gibney Dan Inks GDMMLINCTY DEVELQI'MENT 1/'CONq.MIC D~/ELpPMENT FINANCIAL SC PROGRAM i AAIELA C. MEYER IaONALD E. INKS MANAGEMENT 574!235-9660 574/235-9377 EL~zaeErH LEOtJAxfl Fax: 574!235-9697 ~ 5741235-9371 12pp CnUI~TIY-Ct~rr BUIL611~IG 227 W. jEF~>:.xsoN Bnul.~vAxD SauTx BEND, INDIANA 4dGp1-l 83D FIaoNE 574f 235-9371 FAx 5741235-9021 TDD 5741235-55G7 CITY C+F SOUTI-I BEND STEPHEN ~. I.,CJECKE> Mr1YOR CoMM~z~rY EC®N®M~C >E,v~~,oPME~rT ~EPFREY V. +~7IBNEY EXECU"T"INE DIRECTQR l ~!1 ~17~ ~~lYd~L ~ ~ ~~~®~~ T0: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUB.TECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: SNYDER CUSTOM HOMES, INC. DATE: August 30, 2010 On August 30, 2010, a petition far residential tax abatement consideration for real property located at 901 and 909 North St. Peter Street (current consolidated address is 727 E. Corby Street) was flied with the City Clerk by Snyder Custom Homes, Incorporated. Pursuant to Chapter 2, Article 6, Section 2-77.1 of the Municipal Cade of the City of South Bend, this petition was referred to the Department of Community and Econarnic Development far purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1. I -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 fallowing report. PRO,~ECT ~3ESCR~PTI®I,1 Snyder Custom Homes intends to construct two new single family homes. Each home wi11 be two stories. One of the homes will contain approximately 2,850 square feet with three bedrooms and an attached two stall garage. The other home will contain approximately 3,000 square feet with four bedrooms, a finished lower level and an attached two car garage. The cost of the two homes will be approximately $S2S,000 each. Total taxes to be abated during the {S) ~ve~year abatement period for one home are estimated at $1,893.34. Total taxes to be Maid during the (5}five-year abatement period fnr one home are estimated at $27,602.30. Total taxes to be abated for the two homes are estimated to be $3,786.68. Total taxes to be paid for the two homes are estimated at $55,204.60. COMMUNITY DEVELOPMENT ECnNQ~IIC DEVELOPMENT FINANCIAL ~ I'xnGx,vrr 1 AM ELA C. MLYEIt DONAL^ E. <NKS MANAGEMENT 574!235-9GG0 5741235-9371 ELLZAI3ETFI LEOwnao Fex: 574/235-9697 574!235-9371 South Bend Common Council RE: Snyder Custom Homes, Inc. August 30, 2010 Page 2 ABATEIV[Ell1'IE' UAL,~FICATION 1. A review of the tax abatements previously granted finds that Snyder Custom Homes, Inc. 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 coned 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 heated within the Northeast Neighborhoad's residential TIF area. 4. A review of the Tax Abatement Ordinance No. 939-03 finds that the petitioner meets the qualifications fora (5} five-year residential tax abatement under Section 277.1, Single Family Residential Construction. S YEAR 3D-Aug-7D SNYDER CUST4N! !-EOfVIES, INCORPORATED, South Bend Portage Township Residential Real Property TaxAbat®ment Schedule* Estimated Project Cost: Assessed Value: _ STRUCTUf~E {% AV of cost) ~:~ v' LAND Value ~c~'t,:;(; Gross Assessed Value Less Mortgage Exemption Less homestead Deduction Less Supplemen#al f-lomestead Deduction Base Assessed Value Total Taxes Tax Abated`"' Tax Paid*** 446,250.40 446,250.00 446,2$0.00 10,000.00 _ NIA NIA 456,250.OD 446,264.00 446,25D.00 {3,000.40) {3A00.00} (3,fl00.OD) (45,40a.4D} {45,000.00) {45,004.00) {143,937.50) {143,937.50} {143,937.5D} 264,312.50 254,312.50 254,312.50.. Less Maximum Abatement Deduction Less Non-Abated Amount Plus Land Assessed Value Net Assessed Value N!A NIA {74,880.00) NIA (179,432.54) NIA NIA NIA 10,000.00 264,312.50 74,880.00 189,432.54 Praoerty Taxes: Assume constant tax ra#e of 4.4598% 4.4598% 4.4598% Gross Tax (tax ra#e x net assessed value} 11,787.$1 3,339.54 8,448.31 Less State & County Homestead Credit: 18.6246% {2,195.43} (621.97) {1,573.46 Tax Due Before Circuit Breaker 9,592.38 2,717.53 6,874.85. Less Circuit Breaker Credit (3 693.25} {2,338.86} (1,354,39) Net Tax 5,899.13 378.67 5,52046 Circuit Breaker Cap Circuit Breaker 1,4004°!0 4,562.54 4,462.5fl 4,562.50 Debt Service 0.5057°!0 1,336.63 378.67 957,96 Circuit Broker Cap 5,899.13 4,$41.17 5,520.46 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 264,312.50 5,899.13 37$.67 5,520.46 2 264,312.5D 5,899.13 378.67 5,524.46 3 264,312.50 5,899.13 378.67 5,524.46 4 264,312.50 5,899.13 378.67 5,520.46 5 264,312.54 5,899.13 378.67 5,520.46 5yeartotals: 29,495.64 1,893.34 27,602.30 *This schedule is for estimation purposes only and assumes constant tax rates. The Prue tax values will of#imately be determined by the actual assessed valuation and the then current tax rates, **Tax Abated is capped at $74,884 of assessed value of structures only and doss not include land assessed value. ***Tax Paid is cafcuiated using the difference between actual assessed value of structure and maximum aba#ed por#ion of $74,880 and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE SNYDER CUSTOM HOMES, INC. LAND* BUiLDiNG~~ TOTAL Year 1 $1,920 $9,121 $11,041 Year 2 $1,920 $9,121 11,041 Year 3 $1,920 $9,121 11,041 Year 4 $1,920 $9,121 11,041 Year 5 $1,920 $9,121 11,041 Tatal $9,600 $45,6x5 $55,205 "Current tax levy *~Additional tax revenue fram new investment r a~~°,~ a 9 't:. ~'~"~~ STATEMENT OF l3ENEF~TS ~~,r•z~i. zo PAY 2a ~~ ~ : ~ READ ESTATE IMPRQVEMENTS ~, ' ~~ }"~'''~ e .~'' State Forrrz 517fi7 {l221 1-07) ~ FORM S$-7 !Real Property °~ ~--- ° Prescribed by the Department of Local Government Financ ,~ Q `~Qti~ ~.~. This statement is being aompteted for real property #hat Qualifies under the f owing dia~~Code (check on d Redevelopment or rehabilitation of real estate improvements {!C 6-1,1-12. -4) ~„"..~- ~',.,~~t:;~t ~ tj?i. ~ Eligible vacant building {IC t;-1.1-12.1-4.8) ~~t ~ ~'°';'.-; ~~;~~,. INSTRUCTIONS; G~~~ ~ Y ,~ 1. This statement must be submitted fo the body designating the Economic Ftev lizati Pea prior to the public hearing if the designating body requires inforrrration from the applicant in making its decision about whether to designa n Economic Revitalization Area. t?therwise this statement must be submitted io the designating body BEFORE the redevelopment or rehabilitation of real property far which the person wishes to claim a deduction. °Prajacts"planned ar committed to alter July 9, 9987, and areas designated after July 1, 1987, require a STATEMENT DF BENEFITS. (JC f>-1.9-i2, 9) 2. Approval of the designating body (City Council, Tawn Board, County Council, etc.J must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. 70 obtain a deduction, application Form 322 EF7A/RE or Form 322 ERA/VBD, Whichever is applicable, must be fried with the County Auditor by the facer pf.- (1) Jv1ay 10; or (2) thirty (30) days after the notice of addition fa assessed valuation or new assossment is mailed to the properly owner of the address shown on the retards of the township assessor. Q. Property owners whose Statement of 8enefrts was approved after June 30, 199 i, must attach a Form CF-1/Real Properly annually to the applicatron to show compliance with the Statement of $enetifs. j!C S-f. 9-92.1-5.9(b) and !C 6-1.1-12, 9-5.3(l)] 5. The schedules established underlC 6-9.1-12,1-4(d) farrehabifitated property and under 1C ti-i.1-92.1-R.8(i) far vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior fo July i, 20017, shall conG~nue to apply to a statement of banefifs filed before July 1, 2flflt7. w •- • Name ottaxpayer Snyder Custom Builders, inc. Address of taxpayer {number and street, city, afate, end ZIP code) P.O. Box 6035, South Bend, i1J 45660 Name of contact person Telephone number E-mail address David Snyder (574? 277-1435 • • • e a • • -••• • •-• Name of designating body Rasafulion number City of South Bend Comrrton Council Location of property County DLGF faxing district number Sou#hwest corner of Corby Street & St. Peter Street St. Joseph Description of real property improvements, redevelopment, or rehabilitaiian (use add2ionsl sheets if necessary) Estimated start date (month, day, year) 135 -- 2 story, 3 bedroom, 2 car a#tached garage 1 q/0112410 136 -- 2 story, 4 bedrOOm, 2 car attached garage Estimated completion date (month, day, year) 03/01/2012 • • • e • -•-• ®•~• Current number Salaries Number retained SaSaries Number additional Salaries • t • • • • •••• • •-• NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the COST of the property REAL ESTATE INtPROVEMENTS is confidential. COST ASSESSED VALUI~ Current values 74 700.00 Plus estimated values of proposed project 1.050,000.00 Less values of any property being replaced Net estimated values upon completion of projecE 1,124,700.00 • • • o a •• r Estimated solid waste converted {pounds} Estimated hazardous waste converted (pounds} Other benefits o • 1 hereby certify that the representations in this statement are true. Signay~ of authorized rpresentative/~ Title Date sighed (mo fa, day, year) ~ J9~/~~~~ tt~i/~~1~T President ~'/'~~~~~ rage 1 of 2 We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and Lind that the applicant meets the general standards adopted in khe resolution previously approved by this body. Said resolution, passed under 1C 6-1.1-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years * (see below). The date this designaiion expires is 8. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ^ Yes ^ hio 2. Residentially distressed areas ^ Yes ^ No 3. Occupancy of a vacant building ^ Yes ©No G. The amount of the deduction applicable is limited to $ d. Other limitations or conditions {specify) The deduction is allowed for years* (see below}, We have also reviewed the information contained in the statement of benefits and find thatthe estimates and expectations are reasonable and have determined that the totality of benefits 'rs sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body} ~ Telephone number Date signed (month, day, year) Attested by (signature and tiffe of attesfer} ~ Designated body * If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayor is entitled to receive a deduction to a number of years designated under IC 8-1.12-12.1-4. A. For residentially distressed areas, the deduction period may oak exceed five (5) years. B. For redevelopment and rehabilitation or rea! estate improvements: 1. If the 1=canomic Revitalization Area was designated prior to July 1, 2Dt]0, khe deduction period is limited to three {3), six {fi), or ten (1ff) years. 2. if the Enanomic Revitalization Area was designated afiter June 2d, 21300, the deduction period may not exceed ten {10) years. C. For vacant buildings, the deduction period may not exceed two (2} years. Page 2 of 2 CITY ®~ S®i7TH BEl1II3, Il~I3IANA IPETI"I'1i41~i F~It ~lESIIIIENTIAL TAX A~ATEI~ENT ~~1~SII3E.RATI®1~ The undersigned owner(s) of real ,property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C., 6-l,1-12.1-I, et-sea., and South Bend iVlunicipal-Code See. 2-76 et sea.. for this petition states the fallowing: 1. Describe the proposed construction project, including infartnation about square footage, number of rooms, amenities, the amount of land to he used, the proposed use of the improvements, anal a general statement as to the importance of the project (use additional sheet for long project descriptions}; 135 - 2 story 2850 square feet 3 bedroom 136 - 2 story 3000 square feet 4 bedroom, finished lower level 2. Estimate the dollar value of the construction project {do not include land cast): $ 1,050.000.00 The real property for which tax abatement consideration is petitioned {Property) is owned or to be owned by the following individuals} 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 Conunission}: IV'ame Address Interest Snyder Custom. ]Builders, Inc P.O. Box 6035, South ]Bend, IN 46660... Owner 4, The can~manly known address of the Property is: 727 East Corby Street_ and having tax key no.: 018-5107-3766 _ {use additional sheet for multiple addresses ar key numbers). 5. A legal description of said Property(s} is attached hereto, marked Exhibit `A', and is incorporated herein. d. A map and/or plat indicating the location of the Praperty(s) is attached hereto, marked Exhibit `B', and is incorporated herein. The current assessed valuation of the property before construction is $ _74,700 (use additional sheet for multiple addresses). {This information may be abtaiaed from the St, Joseph County Assessor's Office 235-9523) 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 aid in .2010 = 1 919.84 2008 maid in 2009 = $2 792 29 (This infottnation maybe obtained from the St. Joseph County "Treasurers office 235-9531) 10. What is your best estimate of the offer completion market value of the property: $ 1,180,1100.00 11. I~To 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 naay 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. 1 12. List ether anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Depaitixaent 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 noruriai development of the property: 14. The current use of the property is Sin le Famil Residential and the current zoning is SF-2 (use} and A (height and areaj. (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 Itedeveiopment Commission}: 15. The fallowing person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name 1. Bernard Feene Lan Feene & Associates Inc. Address 715 South Michi an Street City, State, Zip South Bend Indiana 45501 Telephone 574-233-I841 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 residentialIy distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifcations for a residentially distressed area have been met, and confirm such resolution. Name of Property Owners) Snyder Custom Builders Inc By: ~- (Signa e) _____ David Snyder. President .~~ (Typed or printed name and capacity} 2 ~~~~~ f n ~~~~~'~ Cif#~~e AUG 3 0 2010 J~~~ F~J;~A~M CI?Y G!.'r.~K, 5~3. Ei~~~,1M. ~°"~'~~'~- .r~~ APPLICATION F'OR DEDUCTION FROh~ A 01= STRUCTURES IN ECONOMIC REVITA ~~ -,~)' State Form 18379 {Rt01 ifl-fl8) F.i J +iis Prescribed by the bepartment of Local Government Finance i. ti::4 t.~,~ ~~`'~~ L~ATION , ~~ 20_ PAY z8 :AS ~EF~A~~~` -. ~ t' ~ FORAiI 322 ! RE 1 `~ LJ ,,, p lNSTRUCTtpfVS: '"LM1 ~_t-~"~, ..M ~^,a.. 1. This form is to be filed !n person or by marl with the Auditor of the county in whi the p pert~ipsjatated before May i0 of the year in which addition to assessed valuafion (or new assessorentJ is made, nr not later than thirty (30) day after mail,Qag,}jefe of notice of assessment (Form i1 J if such notice is not given before April 10 of that year (lC 8-i. i-12.1-5}. .` 2. Copy of Form 17 must be attached. 3. A property owner may not receive this deducfion for the same property or rmprovemenfs for which a deduction is obtained under either 1C 6-1.1-12-18, IC 6-1,1-i2-22 or lC 8-1.1-12-28.5 (!C fi-1.1-12.1-5}. 4. A copy pf the statement of benefits (Form 58-1 / Rea! Property} must be attached to this application. 5. The compliance wNh statement of benefrfs (Form CF-i /Beat Property} must be filed with this application and the designating body (IC 6-1.1-12. i-5.1}, 6. A cagy of the resolution must be attached to this application. 7. Please sae lC 6-1.1-12.1 far furtherrnstrucfrons. 8. Taxpayer completes 5ecfions 1, 11 and tq below. 9. If property located in an economic revitalization area is also located in an allocation area as defined in !C 36-7-74-39 pr 1C 3fi-7-15. i-2fi, an application for the property tax deduction may not be approved unless the Commission thaf designated the aliacatron area adopts a resolution approving the application (iC fi-1.1.92. i-2(kJ}. i D. Except for ERA's designated before December 31, 1987, a deduction for redevelopment or rehabilitation is not authorized for the following facilities (1C fi-1.1-12. i-3}. a. Private or commercial golf cpurse j. Any facility, fhe primary purppse of which is (a} Retail food and b. Country club beverage service; (bJ Automobile sales ar service; ar (c} other c. Massage parlor retail; (unless the facility is located in an economic deve opment- target area established under !C 6-1. i-12.1-7}. d. Tennis court k. Residential, unless the facility is a multi_family facility that e. Strafing facilrty, inGudrng roller skating, skateboarding or ice skating contains at least 20% of the units available for use by low and moderate f. Racquet sport facility (including handball or racquet ball court} income rndfvrduals or unless the facility is located in an g. Hot tub facility economic development target area established under !C 6-1. i-12. i-7, ar h. Suntan facility the area is designated as a resrdentia!!y distressed area which is required to meet conditions as cried rn lC 8-1.1-i2.1-2 (cJ (T 8 2}. i. Racetrack 1. Package liquor store (see iC fi-1.1-12. i - 3(e}(12)] etc ~ IC)N [ - CESCRIPTION OF PROPERTY The owner hereby applies to the County Auditor for a deduction pursuant to IC 6-1.1-12.1-5 beginning with the assessment date March 1, 20 11 . County Township L7LGF taxing district numier Key number St. Joseph Portage 018-5147-3766 Name of owner Snyder Custom Builders, Inc. Property address (number and streef, city, state, and ZtP code) 727 East Corby Street, South fiend, IN 46617 Legal description irorn Form 11 t_ot 135 8 part of t_at 136, Sorin's 2nd Addition Date of Form 11 (month, day, yaarJ Type of structure Use of structure Single family residence Single Family Residential Governing body that approved ERA designation Resolution numbor South Bend Common Council Date ERA designation approved (must ba before March 1) SECTION 1I - VERIFICATION OF OWNER OR REPRESENTATIVE Signs of owner or representativ (f hereby c rty thaf the representations an this application are true) Da te 'gned (m nth, day, year} p G ~~ ~O Ad ices (number nd str t, d1ty, scat nd ZIP rode) P.O, Box 6035, South Ben , IN 46660 SECTION 111-STRUCTURES ~ o , A. Rehabilitation structure 1. Assessed valuation AFTER rehabilitation $ 2. Assessed valuation at 10D% of TTV BEFORE rehabilitation $ 3. INCREASE in assessed valuation $ 4. Assessed valuation eligible far deduction $ B. New structure 1, Assessed valuation $ 2. Assessed valuation elig'sble for doduction $ SECTION IV -VERIFICATION OF ASSESSING, OFFICIAL f verify that the above described structure was assessed and the owner was notified on with the effective date of the assessment being March 1, 2D and that the assessed valuations in Section III are correct. Signature of Assessing Ottrcial Township Date (month, day, year} CONT1iVt1ED ON THE REVERSE 51DE SECT#ON V -FOR AREAS NOT RESIDENTIALLY DISTRESSED PERCENTAiuES AND AIV~OUNTS OF DEDUCTIONS YEAR pF t3EClUCTipN 1 PEF2Cf=NTAGE 1AMQUNT OF DEDUCTION * YEAR OF DEDUCTION ! PI~RCI=NTAGE 1AMOUPIT pF {OEDt1CTfp~l (1 }For deductions allowed over a 1 year period: (8} For deductions allpwed over a eight (8) year period: 1st Pay 10D% $ 1st pay iD0°/a $ 2nd pay 8$% $ (2} For deductions allowed guar a two {2) year period: 3rd pay 75% $ 1st pay 1D0°!o $ 4th _ pay 63% $ 2nd Pay 50% $ 5th pay 50°J $ 6th pay 38°!° $ {3) Fnr deductions allowed over a three (3) year period: 25% 7 h $ pay t 1st PaY - 100% $ 8th pay 13% $ 2nd pay lifi% $ 33% $ (g) For deductions allowed over a nine (9} year period: 3rd PaY 1st Pay 1 fl0°)o $ -- (4) For deductions allowed nvar a four (4) year period: 2nd Pay 88% $ 1st pay _. - 100% $ 3rd pay 77°1° $ 2nd pay 75% $ 4#h pay 66% $ 3rd pay 50% $ - 5th Pay 55% $ bth Pay 25°/° $ 6th pay ~ - 44°10 $ 7th pay 33°/° $ - (S) F nr deductions allowed over a rive (5) year period: 8th ply ~„~-,.._ 22°Jv $ 1St pay 100°/a $ 9th pay 11°l° $ 2nd pay 80% $ 60% $ (10) For deductions allowed war a ten (i0) year period: 3rd pay - 4th pay 40°Jo $ 1st pay 100% $ 5th Pay 20°(° $ 2nd Pay 95°I° $ 3rd pay 80% $ (6) F or deductions allowed over a six (8) year period: 4th Pay 65% $ 1st Pay 100% $ 5th pay 50% $ 2nd PaY 85°!° $ 6th Pay 40% $ 3rd pay 66°Jo $ - 7th pay 3D% $ 4th pay 50% $ 8th Pay 2D% $ 5th pay 34% $ 9th pay 1D% $ 6th pay 17% $ 10th pay 5% $ (7) For deductions allpwed over a seven {7) year period: 1st pay 100°/° $ .. ._... 2nd PaY 85% $ -- 3rd pay 71 % $ * if a general reassessment of real property occu rs within the deduction 57°1 $ pedal, the amount of the deduction shall be adjusted to reflect the percentage 4th pay ° increase or decrease in assessed valuation. If an appeal of an assessment 5th Pay 43°/a $ is approved that results in a reduction of the assessed value, the deduction 6th paY 29°I° $ amount shall be adjusted to reflect the percentage decrease that resulted 7th pay 1b% $ .. from the appeal. (1C fr1.1-12.1-4 (b)) SECTION VI - 3=0R RESIDENTIALLY DISTRESSED AREAS jAS DEFINED BYIC 6-l.1-l2.1-26-d) AMOUNT OF DEDUCTION TYPE pF DWELLING DEDUCTION lS THE~LESSER OF: 1(b)} (iC C-1 1-4 1-12 DEDUCTIpN is ALLOWED F4R AFIVE (5) RS ht tNCLUbES y'FARP~IOY . . . ~ ^ qne (1) family dwelling Assessed value (after rehabili#ation nr redevelopment) $ pr $74,880 AV pay ~ through pay ^ Two (2) family dwelling Assessed value (after rehabilitation or redevBlnpmen#) $ or $f D6,080 AV pay ~____ through __ pay ^ Three (3? unit multifarrri#y dwelling Assessed value (after rehabilitation nr redevelopment) $ _ ar 5156,000 AV pay, ,___ through pay ^ Four (4} unit multifam's€y dwelling Assessed value (after rehabilitation qr redevelopment) $ _ qr $199,68(lAV pay through pay Assessed value limits for taxes due and payable prior to January 1, 2006 were $36,OD0, $51,ODD, $75,OOD, and $9$,DOD for nna to four family dwellings respectively. SECTION VII -APPROVAL OF COUNTYAUDiTOR (CAh7PLETEONLYiFAAPROVE'D) This application is approved in the amounts shown above, Signature of County Auditor Date signed {month, day, year) LEGAL DESCRI~Tiorr EXHIBIT `A' LQTI AND LOT 2 AS THE SAME AItE SHOWN AND DESIGNATED ON TfiF, PLAT OF SNYDER' S CORBY STREET MINOR 5UBDMSION AND RECORDED IIv THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. „ ~.:~~ ~F~ ~V~~, ~, 2~' y`~17 r3 Y~ ,~~~ W' C'• i'; ~~ y~-: `~ a~14e i`4' ~, i Y \ t~ •~ I r <L Q ~..r .rQ ~ ~~ w~~ ~ CJ V ~ _ ~ • ~ ~ ~ O 2 r.` a- ~ c0 ~ N d fJ`- O ~ vJ ~ W -~ w ° ~ ° ~ ~ ~~ ~ _ ~ ~ ~ ~ ~~O ~ ~d ~ ~ O ff ~.+3 O . QW'3 - 7 d a `"> "" ~ 9 m ~ z°r~ ~ ~ cn ~ ~ 2 ~'- 0 S ~ r U q Q W A- ~-,F 2 S o d ~ ~ da~~ ~~ o~~~ ~~ pp ~'+ ~ N ~ ~ W W ~ ~ p O 6J ~ ppyy^r~~~\ 0 yy = « CrJ OG r Z Q ~a [.a R O ~~ ra... tJ ~Z~,~~ff y~ r ^y~` sC ~y y~j2 Qa~~F~m CSI. ~ c4L ~ ~ ~y 1 /1 pp ? j ~~-. N C c F ~ a' ~ °' m O ~ W ~D .y r N ~ a y~~ N w z .~ ~? P ~ n r7 L ® N ° N C O N ~ _ ~ ~ 4 4' a ~,,, U N ~ ~ r £ ~ ~ m G t ~ ~ b 41 ~ M ~ v ~ ~ FJ- p-- O 4 - ~ ~ ~.. J \1 ~. r ~ ~ ...~+^ {\~ ~. y ~. ~ `~~ V^^ ~e ~S./ 4 U s ~ ~ o ~ ~g . ~ 2~ ~ ~ ~~ ~~ ~N ~~ s `~ ~ csr JqO 4 W~ S r _.yK ~~ f J J _ `r+ C'~ ~~ V I Map of 727 Corby Blvd, youth Bend, IN 46617-1 S 1 S Map of 727 Corby ~Ivd, South encJ, ~N 4fifi'17®15'! 5 ~~ `~.~ ~ _~ ~.~~~r~r" ~ ~~t13fJFJ~~.47rY8@ ~FSQ~~~t4ii ~r t ` _ ~. _.. __ . __ f31vd - - ~"~ .. ~ern~'.~ _. 'W P'°ka ~ ~ ;• 9ora St ~ pukag~n 5t . - ~ ..__ _ y E:Aiig~l2~ Blvd kdiscn Rti ~. ~ ~ r~ ~ ~ ~.; ' ~ ~ ~ sf, p. rte-" ~' ~ ~~VCt Vi P ~ ~ ~ ~ i~ ~ _ ~ ~ ~ r ~ G'} }. ~ ~ ~ V1 - .... ~St ~~friC.4'.31 t~'it ~ . ~~ ~ ~° t .' s ~ ~ ~ fr- ~j ~. ~ .Vyr S. ~ { If ; Ir ~' ~~ - ~ ° ~ ~Of~h ~ i~ ~ ~ ~ ~~ore Of Hs7w~rd St _. - H~vrafd St ~ ~-~~ ~ ~ ~ ° ~ : i ~ ~41~f BIYd ~ w _fi,~rk. l.:Pe~ 9 I~ ~ ~. . :n Cri !>~k ~t ~%~ ~r ~ ~ ~ '~+. ~dlpritrrl39 ~t i ` ~ ~ ~ , " Cam~au.St ~ ~ ~' ,~ ~$ ~EBartl~tiSt~ ~~ ~ c~~a w`x ~ ~ _~- iCliaffantSl ~ ~ ~ _ ~ E i ~~,tAv~ ~ ; iss~11 St ~ ;~St ~ ~ ~ !~ ~ ~ ~ ~ _.._... ~_.~ ~..GUZir15t... __. ~' E ~tairarre St _ ~ v ~~ a #~i~yPf , l ~ , ~:..- -=Min~r51 ~ ~ ~.% MirrerSt- << 933 [=_JVlarion t a _ ~ .. Cedar 5 t ' ' ~_.. ~ : - BR ~ 5i.. ~._ ~ ~ - ~ a z, ~ . 31 ~ ~ ~ ~ ~ ~:^~ ~` ~. E Madisar n ~ ~ ~ __ is Madison St '~ C ~.~ iF .MC~.ifr~@y~A~4+~ ~ .+ .~, ~ 2 n z ~' ~ ~ ' - ~ _ . .. ~ .. ... - ~ ~ ~AIlt~1r4V8 .. _. ..,... ._. 9R. __ ~r2v ~Ut~l~t ~! m - iQD4 ft= - ~ - _ _ . _. _ fi:Yat~oni2410,Datatttill~Vi'i:Q €~ Page 1 of 1 When using any driving directions or map, it's a goad idea to do a reality check and make sure the road still exists, watch out for construction, and follow a!1 traffic safety precautions. This is only to be used as an aid in planning. t,n"_'' ~~ s. j^~ R i ~i U ., ,~ . ~..# ~ t~. F 'g` M~, i ~~ +~ c'S ~, 5~, a; ~~ IS.~fLiq}Il, f d 1 ~~ ,'., ~q~ "~ f 1, + ~4 { a~ b ~~.p ~a.i: g ;~x.. ~ .,~ ` f .x : ~ ~ 'mr a i ~ ~ ~ N~ ~ ' 1. .~. .? n ~ PS ,. 3. ~~rx~Y~'. m .,m f £2 P ~ ~~ 1'E~ ~~. B" ..~ 7 `~~ ~~:. . y!h [i: r~'~lr J~ x . ^ ~ ~~ '+~ ~e 1200 Covtv'ty-CITr BuIInING 227 W. JEr~ExsoN BOULEVARI) SOUTFI BEND, INnIANA 46601-1$3{} PrIONE 5741235-9371 FAx 5741235-9021 TDD 5741235-5567 CI'T`Y fJF SDt3TH BEND STEPH$N ~. LuarCxE, MAYOR c®Mn~u:~t~ Eco~ol~~c L~EVE~.o~Mr~~vT August 26, 2009 r~~I"REY ~ ~,slv~Y 1XHCU7'NE DIRECTO4t President Derek Dieter South Bend Common Council 400 County-City Building South Bend, Indiana 46601 Dear President Dieter: The attached ordinance for Council consideration will appropriate $276,780 in renewal funding under the Shelter Plus Care Program (SPC) in three separate renewal grants as follows: IlV0087C5H000901 $ 92,820 Sept.B, 2010- Sept.7, 201 ]for 13 units 1N0009CSH000802 $141,120. August 1, 2010-duly 31, 2011 forl8units TNOOI OCSH000802 $ 42,840 August 29, 2010-August 28,2011 for b units The City serves as a fiscal agent anal recipient of funds for the eligible agency, determined by HUD, receiving the SPC dollars. The funding allocated provides support fox sponsor based rental assistance for housing severely mentally ill clients. Addressing homelessness is one of HUD's top priorities and the continuance of these projects makes a significant contribution toward assuring the development of a continuum of care system in our community. I will be presenting this ordinance at the September 27, 2010 meeting. Please contact me with any questions prior to then. Thank you. Sincere ~~ i~j~~ Pamela C. Meyer Director Cc: J. Rosheck ~~i">~ ~~ ~~'~~'~ €~~~~ J. Gibney G. Zientara .1. March ~~~ - ~ ~Q~~ B. Leonard COMMUNITY DEVELOPMENT .E.CONOMIC DEVELOPMENT PINANGG#L BL PROGRAM Pnhiau C. MLrEx TJQNALD Ir'. INKS MANAGEMENT {~ 574!235-9660 8741235-937I I;~.iznseT~ LEUNARI) ~t Fnx: 5741235-9697 574!235-9371 ORDINANCE NO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IN~JIANA APPROPRIATING $276,780 WITHIN FUND 212 FROM THE U.S. DEPARTMENT GF HOUSING AND URBAN DEVELOPMENT SHELTER PLU5 CARE GRANT PROGRAM STATEMENT OF PURPOSE AND INTENT In order to deliver services to seriously physically and mentally ill individuals within E-~zr community, The City of South Bend received funds from the U. S. Departxr~ent of Housing and Urban Development for the delivery of such services through various subgrantees. The funds appropriated in this ordinance will aid in defraying the costs of housing and related services, .NOW, THEREFORE, BE TT ORDAINED by the Common Council of the City of South Bend, Indiana: SEC'I'IOI~ I. The sum of $276,780 is hereby appropriated in Fund 212 and shall be adm~.nistered by the Department of Community & Economic Development and its designated subgrantees as noted below: Madison, Center IN0087C5H000901 $ 92,820 (9/8110-9/7111) Scattered Site Madison Center IN0009CSH000802 $141,120 {08/1/10-7/31/11) Gateway Madison Center IN0010C5H000802 $ 42,840 (8/29/1.0-8/28/11} Penn. Hying TOTAL $275,780 SECTION II. This ordinance shall be in full force and effect from and after its passage by the Comrrion Council and approval by the Mayor. .......... Member of the Comman Council Attest: City Clrrk Presented tv me by the Mayor of the City of South Bend, Indiana on the day of , at o'clock~,fm. approved and signed by me an the at ~o' cIock_.m, isr READfNG ~ , (.3 -c ~ PU13LfC f-IEARfNG 3rd RE.4DfNG Nor APPRGV,C17 R~~~r~fJ, PASS; s,: City Clerk day of ~._.~, Mayan, City of Sauth Bend, Indiana J~1;'~;'tii~C1;2nF Ordinance No. Bill Na. -10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUM., PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2011 2012 and 2013 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 36-8-3-3, ¶ (d}, the South Bend Common Council, as the legislative body of a second class city is charged with establishing before Septezx~ber 30~'' the annual compensation of all members of the Sauth Bend Police Department. Ordinance Na. BiII No. - I O AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, 1NDIAl'~TA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 201 I , 2012,_2013 and 2014 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 36-5-3-3, ~ (d}, the South Bend Common Council, as the legislative body of a second class city is charged with establishing before September 30`x' the annual compensation of aII members of the Sauth Bend Fire Department. COUNTY-CfTY BUiL~ING 227 W,JEFFERSDN BDULEVAR~ SOUTH BEND, iIV 46601 PHONE 574-235-9218 Fax 574-235-9928 CITY OF SOl1TW BEND STEPHEN J. LuECKE, MAYOR ®FFlCE OF ADMINISTRATION $~ FINANCE 67REGG D. ZIENTARA, CITY CONTROLLER September 8, 2010 L~~ ~.~ ~ ~ ~~ ~ ~- Mr. Derek Dieter President, South Bend Commas Cauncii 4'~' Floor, County-City Building Sou#h Bend, IN 46801 re: Ordinance Amending Ordinance #9822-08 concerning Teamster Employees for Fiscal 2011. Dear Council President Dieter: City Administration respectively presents the attached bill to the Common Council far consideration and approval before September 30, as required by State Statute. Attached far filing with the South Bend Common Council is an ordinance amending Ordinance #9822-08 and Ordinance #9958-09 concerning Teamster employees. The amendment includes no content changes from the Ordinance #9958-09. A salary and wage schedule, not yet completed pending finalization of a contractual agreement with the Teamster Union, will be submitted at a later date, prior to review and discussion at the Personnel and Finance Committee meeting. I will present this bill to the Council at the committee meeting and at the public hearing Sincerely, Gregg ie taro ~~}" ~~?~~~'?~ ~ ~~8~~ SAP - 0 2.10 a~;>•.ti ~ae~~~~ C1T" ~;1."r.~ , g w. ~~;,~, IP~1. BIfI No. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 207 7 STATEMENT OF PURPOSE AND INTENT At this time, the City of South Bend is engaged in collective bargaining negotiations with Teamster Local No. 364, and these negotiations affect wages of those City employees represented by the Teamster Union. The last collective bargaining agreement between South Bend and the Teamster Union was effective for calendar years 2007-2010 inclusive, and was the subject of Common Council Ordinances Nos. 9822-08, and 9958-09. Because negotiations between South Bend and Teamster Local No. 364 are not yet concluded, this Ordinance establishes wages for City employees represented by Teamster Local No. 364 at the same rates as in 2010, and maintains the same benefits. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIi_ OF THE CITY OF St7UTH BEND, INDIANA, as follows; Section I. Maximum Compensation I:a) The maximum amounts to be paid as compensation for Teamster employees for the City of South Bend, Indiana are hereby established asset forth in the attachment, which is incorporated herein by reference. -The amounts set forth are consistent widh the recommended procedure of the S#ate Board of Accounts dated March, 1993. Accordingly, wages are set and paid on a Bi- weekly basis. Amounts by department and alphabetical position, are set forth as welt as the hourly wage for each position. Section II. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference. (a} Holidays. Holidays designated by the Coiiective Bargaining Agreement shall govern Teamster employees for the calendar year 2008 - 2fl10. {b) Vacations. Vacation for Teamster empioyees shall be as set forth in the Coiiective Bargaining Agreemen#, incorporated herein by reference. {c) Insurance. (i } Com rehensive Ma'or Medical Insurance Pro ram/Preferred Provider Organization (PPO). The City shall maintain a comprehensive major medical insurance program that ail Teamster employees may participate in. (2) Short and Lon Term Disabifit .Short and Long Term Disability shall be as set forth in the Collective Bargaining Agreement and the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which Is incorporated herein by reference. (3) Payment far Election to Leave Employer's Comprehensive Major Medical Insurance Pro ram. The City shah pay one hundred and thirty dollars ($130) per month to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may return to the City's comprehensive major medical Insurance Program, provided that the conditions of the City's Comprehensive Major Medical Insurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty dollars ($130) payment per month thereafter. {4} Life Insurance. The City shall provide term life insurance coverage in an amount not less than Fifteen Thousand Dollars ($15,000} for each Teamster employee. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. (5) Benefit Waitin Period. The City notes that life insurance, comprehensive major Medical Insurance, and short term disability programs require a minimum of sixty (60} day eligibility period; and that the long-term disability program requires a minimum of a ninety {90) day eligibility period which Teamster employees must meet. (d} Other Moneta Frfn a Benefits. Alf other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manua! as it may be amended from time to time and the Collective Bargaining Agreement. If there is a conflict between Policy and the Bargaining Agreemen#, the Bargaining Agreement shalt prevail. {e) E~r_ly Retirement fnceratives. The Mayor shat! have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who isn't Medicare eligible. Such assistance shaft not exceed one (t } year. Any such bonus or assistance must be approved by the Mayar and Ccntroller and are subjec# to appropriation by the Common Council before any such bonus or assistance may be paid. l.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shalt have discretion to offer such early retirement incentive program, pursuant to statute, after consultation with the Controller and after appropriation by the Common Council. {f) Definition of Fulf-Time Em fo ee. Full-time employees are those employees who are not in a part time status and who are regularly scheduled to work the City of South Bend's full-time scheduled, forty (40) hours per week, or a reduced full-time schedule of thirty-two {32) hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms and conditions and limitations of each benefit program. (g) Definition of Part-Time Employee~; Part-time employees are those employees who are not assigned to a full-time status and who are scheduled to work less than the City of South Bend's full-time schedule, not to exceed one thousand forty (1040) hours per year. While they do receive certain mandated benefits (such as worker's compensation and social security benefits), they are not eligible for other City benefit programs. Section III. Effective ®ate This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. _ ~..~.~._~_'.~_ ~-~ s, ~~ ~.~ ~ ~ ~-~-. Member of the Common Coun~i ~- Attest: ~_ . ..... - r!~ City Clerk ,...~- ,.,,.,....----- ' ~a~ a~.:.,... Presented by me to the Mayor of the City of South Bend, Indiana an the day of 2010, at o'clock . rn. Approved and signed by me on the o `clock ,m. 1 st it~ADll~(G s~°,3~1~C FlEARli~G '' ., ,~ REAi3'iNG ")T APPROY :~r~ 2E~ ~~-, RA55F~ __ Deputy City Clerk day of , 2010, at Mayor, City of South Bend, Indiana r ,....,.....,.... i i _ W. ,.. '.. .-....,c ~'~ ~~. CO~]NTY-CITY BUILDING 227 W..lEFFERSON BOULEVARD SOUTH BEND,3N 46E41 PHDN~ 574-235-9216 Fax 57a-235-9928 CfTY OF SOUTH BEND STEPHEN J. LUECICE, MAYQR OFFICE OF AC}MINISTRATION ~ FINANCE ORE'GG D. ZIENTARA, CITY CONTROLLER September 8, 2010 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 '~~~~\ 6~~ SCR - to re: Ordinance Fixing Salaries and Wages for Appointed Officers and Non-Bargaining 1~mployees of the City of South Bend far Fiscal Year 2011 Dear Council President Dieter: City Administration respectively presents the attached bill to the Common Council for consideration and approval before September 30, as required by State Statute. The maximum salaries for fiscal year 2011, far appointed officers and non-bargaining employees are defined in this bill. In addition, the bill includes o#her monetary and non-monetary compensation offered to the non-bargaining employee group. The other monetary and non-monetary compensation offerings included in this bill are consistent wi#h the 2010 salary ordinance with two {2) exceptions as follows: 1 Section II (e}. Hiring Bonus. The upper end of the hiring bonus is increased to five thousand ($5,000}. This change is requested to provide the Mayor with an increased level of compensation flexibility for use as required to secure job offer acceptance of key positions. 2 Section 11 {f}. Performance Bonus. This is a new item included in the 2011 salary ordinance. This addition is requested to provide the Mayor with a tool to compensate city employees for exceptional performance and 1 or results beneficial to city operations, such as bonus compensation for significant cost savings measures implemented in city aperatians. A salary and wage schedule, not yet finalized, will be submitted at a later date, prior to review and discussion at the Personnel and Finance Committee meeting, 1 will present this bill to the Council at the committee meeting and a# the public hearing. Sincerely, Gregg + ntara p~ ~,~ ~ :~ ~, r ~ ;-; r._+,.,_,_~._......_.,....,. ~y J C f U ~V~U ~!=i~lJ ~;""~lt~E Bill Np. ORDINANCE NO. AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 20~ ~ STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the maximum amounts to be paid tonon-bargaining personnel employed by the City of South Bend for the calendar year 2011. Salaries will be paid pursuant to the budget approved by the Common Council. The budgeted number to be paid maybe less than the maximum amounts set forth herein. This Ordina;~sce establishes such compensation for approximately all non-bargaining employees by specific position and title. The overall guidelines urea! in this Ordinance are consistent with the overall negotiating criteria used for a!l City employees. This Ordinance is in the best interest of the City and the a#fected non-bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, a;. follows: Section i. Maximum Compensation The maximurn amounts to be paid as campensa#ion far non-bargaining employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference, The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1933. Accordingly, salaries are set and paid on a Bi-Weekly basis. Section II. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference {a} Holidavs. Holidays designated bythe Board of Public Works shall govern non-bargaining employees for the calendar year 2011. The provisions of the Cites Personnel Policies and Procedures Manual as it may be amended from time to time shall applyand are incorporated ' herein by reference. {b) Vacations. Vacation far non-bargaining employees shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time, incorporated herein by reference. {c) Famify Leave. Tire Family and Medical Leave Act Policy is, hereby, incorporated herein by reference in its entirety. {d} '' Insurance. {1) Com rehensive Ma'or Medical Insurance Pro ram. The City shall maintain a comprehensive major medical insurance program that all non bargaining employees may participa#e in under the rules and guidelines of the plan document. All employees receive a copy of a plan document each year. (2} Short and Lonp Term D'€sability. Short and Long Term Disability shall be as set forth in the City's Personnel Policies and Procedures Manual, as it maybe amended from time to time, which is incorporated herein by reference. (3) Payment for Election to Leave Emplayer's Comprehensive Maior Medico[ Insurance Pro rg,am. The City shalt pay one hundred and thirty ($130} per month ($65 biweekly) to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may return to the Cit}rrs comprehensive major medical Insurance Program, provided that the conditions of the City's Comprehensive Major Medical )nsurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty ($130} payment per month thereafter. (4} Life Insurance. The City shat! provide term life insurance coverage in an amount not less than 1=ifiteen Thousand Dollars ($15,404} far each employee except for Police and Pire which are a# set forth in the collet#ive bargaining agreement. Such insurance steal! become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. (5} B~n~fiE_Wai#nq_Period. The City notes that life insurance, comprehensive major Medical lrisurance, and short term disability programs require a minimum of sixty (60} day eligibility period; and that the long-term disability program requires a minimum of a ninety (90) day eligibility period which must be met. (e} Nirinp Bonus. The Mayor, may, at his/her discretion, offer a !-firing Bonus to a new employee as an incentive for the employee to accept the position offered. This Bonus will be paid to the employee in addition to the salary set forth in the Salary Ordinance. The range of these monetary bonuses will be from one hundred ($100) to five thousand ($5,000}. (f} Pefformance Bonus. The Mayor, at his/her discretion, may compensate employees with a salary bonus for exceptional performance. This Bonus wiq be paid to the employee in addition to the salary set forth in the Salary Ordinance. Such bonus shall range from one hundred {$i00} to ten thousand ($10,400}. (g) Police Communication Employees. Employees working in the communications area of the Police Department will be paid stand-by beeper pay as follows: one hour of straight time pay will be paid to one employee to cover each shift each day for the one hour immediately preceding the shift change. (h) Allowances. (1) Auto Allowances. At the Mayor's discretion an auto allowance may be offered to city employees in lieu of a Cfty issued car. The allowance may range from one ($1) to five hundred {$500) dollars per month. (2) Cell Phone Allowance. At the Mayor's discretion an allowance far the business portion of an employee's ce!! phone may be provided to those employees whose position and job responsibilities require the ability to communicate outside of city premises or after normal city working hours. The allowance shall oat exceed one- hundred ($100) per month. (i} Early I~etlrement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement far years of service or assistance with health insurance for a retiree who isn't Medicare eligible. Such assistance steal! not exceed one (1 }year. Any such bonus or assistance mus# be approved bythe Mayor and Controller and are subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5-10.2-3-t .2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute, after consultation with the Controller and a#ter appropriation by the Common Council. {j) Other Monetary Fringe Benefits. All o#her fringe benefits shat! be as set forth in the Cit}~s Personnel Policies and Procedures Manual as if may be amended from time to #ime. Section Nl. Employee Definitions (a} !`u!lMTime Employee. Full-time employees are those employees who are not in a par# time status and who are regularly scheduled to work the City of South Bend's full-time scheduled, forty (40) hours per week, or a reduced #uIl-time schedule of thirty-two {32}hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms and conditions and limitations of each benefit program. (b) Part-Time Employee. Part-time employees are those employees who are not assigned to a full-time status and who are scheduied to work less #han the City of South Bend's full-time schedule, not to exceed one #housand forty (1040} hours per year. While they do receive certain mandated benefits (such as worker's compensation and social security benefits), they are not eligible for other City benefit programs with the exception of tl~e positions fisted below; All Attorneys employed in the City Attorney's Office in part-time positions as well as aN elected Council members, are eligible for participation in all of the Employer's Benefit Programs. Section IV. Policies and Procedures Manual Availability Two (2) copies of the City's Personnel Policies and Procedures Manual and the l=am ily and Medical Leave Act Policy shat! be kept on file and made available for public inspection during regular hours in the office of the City Clerk orj the 4th Floor of the County-City Building, South Bend, Indiana. Section v. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved b~f the Mayor. Member of the Common Council ~ ~~ At#est: City Clerk Presented tJy 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 O `clock .m. 1 st REh CI~iG ~ ~~ ~ ~~ ~ PiJ~Liz, hi~,'RRit~iG 3 rc$ itE ".~.~iE`sG ~~i F,PP~tc~Y,~ ~EFE€tRE~ 20 i 0, at Mayor, City of South Bend, Indiana ~. _ rv {, , ..-r a.. oR®INANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 36Q9 WESTERN AVENUE, COUNCILI{dIANIC ©ISTRICT 6, IN THE CITY OF SOUTI-I BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This property is currently zoned LB Local Business. I would like to have it changed to CB Community Business. This property was an old service station and I would like to change it into a mechanic shop. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance Na. 9495-Q4, 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: Lot # 1051 & West %Z Vacated Alley Lasalle Park be and the same is hereby established as CB Community Business District, SECT€ON 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. Member of the Common Coun Attest: ~yy 9 ) 0 R t' `igrg P~gPo Jgt~~Ck ~~~ c~. p~~-, 4'.F 'Itn m,;rw,F,[''ti.c! R. t,31~,Rti17¢~ ~~ C`R ,e i wc,~ t -b ti.y+ a y- 5 Ydid~~4[~G i~/~f.~'~ ~u~F ~'; :N -. k'Gr'ed .~dr.rE ~Gk~ Lki lifi 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. Mayar, City of South Bend, Indiana ~ st READlf~O ` - ~ ~ "C ~ ppgLiC HEARII~~ ~ ~~ ~~p,plNG l,lp~ APPROVI~3 R~gERRE~ pa55~ .may"'' r. g~,yo t~~~ ,h !I ~_1 .,-- ..,~ Date Fited Application No. Date received by the 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 at: 3609 Western Ave South Bend, Indiana 46619 2) Name and address of property owner (s) of the petition site: Name: 3609 Western Ave Land Trust LLC or John 'Trotter Full Address and Phone Number: 1524 Liston Ave., South Bend, Indiana 46628 Phone 286-2520 3) Name and address of contingent purchaser (s), if applicable: N/A 4) It is desired and requested that this property be rezoned from LB Local Business to CB Community Business 5) This rezoning is requested to allow the following use{s): Mechanic Snap 6) Attached is a copy of (a) legal description of the property; (b) 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 (c) six (6) site plans; (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7) By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to rezone, it may be approved subject to the submittal of a f nal site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year afthe Council's action. i~ 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 ofthe petitioned property to revert to the initial zoning, elassificatian. Under certain conditions, a tune extension an the submittal afthe fznal site plan may be requested. PETITION PREPARED BY: Contact Person: Name: Charles Trotter Same F~II Address and Phone Number 125 N. Olive St. Signature South Bend, IN 46619 285-2620 {rte € . }t'? ~_; .~. FrE'.. 9 ~r~. F ))))y)" 5 pp3~ p}.,~~ ~!.? ~~.~ ~~~~e~~ 19u~~~ ~ .r_ Recording requested by: When recorded, maii to: REC©RD&D ASi PRESENTEp qH 08/12/2809 02;26:57PlI -~ PHILLIP G. DO?SflH .,~`"~ ST, ~gCORDE'CgtOUH'FY .~~R ~ ~ : 52@. 44 Fll 2 .; Name: '>.' LAND TRIIST LLC Address:3609 western eve City: 5tate/2ip: ~ ND 4fi 619 Space above reserved for use by Recorder's Office Document prepared by: Name_g„grur•rn manmmtr'~ Address 1524 LISTON AVB City/State/Zip~ rzmu raF r r d~ [1t i?tropertyTaxParcei/AecauntNumber: Q18--40fi8-2516 ~1~~~~~86~ ®~~f~ This QuiC~iaim weed is made on _ ~ f =TTST 6 2009 _, between ~' ,Grantor, of ,City of SQII'I'R BEND ~ State of INDIANA VE LAN37 TRUST LY,C and ~ ,Grantee, of ~~[I9-e.~~,~ c.,rrmu ~~ ~rn City of SOUTH BEi~iD _, State of IND*ANA 46619 For valuable consideration, the Grantor hereby quitclaims and transfers all right, title, and interest held by the Grantor in the following described real estate and improvements to the Grantee, and his or her heixs and assigns, to have and hold forever, iacated at - ,City of~ND :State of LQT# 1p57, & W 1/2 vaC alley LASALLE PAIiH ®uLVa~ ~~~~~~~ S'P'.JOS~PH ~. ~N~rA1~A Subject to all easements, rights afway, protective covenants, and mineral reservations ofrecord, if any. Taxes for the tax year of n R ~n_~ ~__ ___ shall be prorated between the frrautor and Grantee as of the date of recording of this deed. ~ ~• •-- ~..h; va..- ~, , ~,i,•.~:~, Vii; 'sit {$ !A E.r,, .i~t i ,r. ~: ji ~I -- ~ LV~~ 09Zfi985 Dated: ~J -. S~giature of Grantor Signature of Grantor ~e~..la ~ r~ o-~-~- ~ . - . -__ Marne of Grantor Name of Grantor State of California County of ,~`}". ~'D ~ r } S.S. CC On T ~~ ,beforeme,_ C~ ~]..rrr7 J~~S~~ -- (name~~and ti a ofnotary), persanally appeared, ~~~~ ~r-n~~'~' who proved to me on the basis of satisfactory evidextce to be the person(s) whose name(s) is/are sub- scribed #a the above instrument and aclenowled$ed to me that they/helshe executed the instrument in their/ his/her authorized capacity. I certify. under penalty of perjury under the laws of the State of California that the fare a" is true and correc#. Witness m hand and official seal. ~`~°'^ C 1 R 1 Notary Signature Seat C Chrw 90m~kt, ldotatty Public A Pi®eoAewt of St..i~saepts CouRyl. IN IIAIr C•a~admiaibn ~orga i ~-2012 I affrrn under the penalties for perjury, that I have taken reasonable care tv redact each Social Security number in this document, tuiless required by law (name) ~~e~~a a~t~~ ~~~ ~. ~1JQVA Cailtomta Qukctaim Desfl PA.2 (bl ~ aszsasr; oe~ 4 ~. -..,--... .......'....-,...~.ry -~ ._ C. s ""~ ;' 3801 Westem 3fi01 3 9 01$-4tKi8-251701 KANAN NADERA Ave South Bend IN 48619 WESTERN South Bend #N 48619 3529 4 0 018-4068-251$ KALIR RUPIND>=R 3529 Western South Bend #N 46619 WESTIERN South Bend IN 46619 DOCICERY 3527 4 1 018-4068-251801 BARBARA A 3527 Western Av South Bend IN 48619 WESTERN South Bend IN 46619 3523 Westem 3523. 42 018-4D68-251802 MAGE£ Y C Ave South $end tN 4fi619 WESTERN South Bend IN 4fifi19 ' .fACICSON NATHANIEL AND 323 5 Kenmore - 323 43 018-4068-2510 WILLIE t3EE St South Bend IN 46619 KENMORE South Bend IN 46619 OWENS BENITA A*5EE TRANS HIST 321 44 018-4068-251001 NOTES` 321 KENMORE South Bend IN 48619 KENMORE South Bend IN 46619 CHR[STIAN METHODIST _.. EPISCOPAL CH - 31$ 45 - 018-4(388-2512 LAYMAN CHAPEL -- 3D3 S Kenmore Soattr Bend- !N - -46619 KENMORE South-Bend lN.. ._ 46619 _ SORRELLS 313 EL#ZABE:TH MAE % WELLINGT 46 01 B-4068-2504 SHEILA COMBS 1404 S INOiANA Chicago IL 60fiD5 ON South $end IN 46619 314 47 016-4117-4431 AYALA MiGEIEL A 314 S Iflinois South Bend IN 46619 1LLiNO1S South Bend 1N 46619 226 SOWENS PEARLIE 227 Wesiwoad WELLINGT 48 Q18-411T-4447 M Ln South Bend f N 46619 ON ST South Bend #N 48619 305 DOUGLAS WELLINGT 49 U 18-4068-250302 CLINTON #I! PO Box 8285 South Bend I N 46660 ON ST South Bend IN 4fi619 HOMECOMINGS FINANCIAL 323DD 306 50 0 18-4117-4433 NETWORK !NC Northwestern Hy Farmington M t 48334 ILLINOIS 5auth Bend 1N 48619 LAYMEN CHAPEL CHRISTIAN METHODIST EPISCOPAL CHURCH'SEE TRANS HIS -~ 303 51 D 18-4068-2b094t NOTES* S t S outh Bend EN 46619 KENPIrf[YRE South Bend IN 45619 421 HOCHSTETLER WELLINGT 1 1 018-4478-2826 DEVON R 1001 27th St E Bradenton FL 342D9 DN South Bend EN 46619 412 BUCHER WELLINGT 1 2 018-4478-2827 GENEVIEVE 412 Wellington Sauth Bend IN 46619 DN South Bend iN 46619 1=DLTZ MELVEINA L & CEISLEMAN 411 1 3 018-4076-2766 BARBARA J 411 5 Kenmore South Bend IN 46819 KENMORE South Bend iN 46619 ADAMO JOHN A REV LIVING TRUS T WILIFE ESTATE JOHN A ADAMO 412 14 D18-4076-27fi7 TRUSTEE PO Box f311 Southh Bend fN 46624 KENMORE Sauth Bend IN 46519 322 S 322 15 (118-4068-2513 OWENS ANNIE J KENMORE~ST South Bend IN 46619 KENMORE South Bend IN 46619 ALSANDERS 3719 W 3 18 16 418-4117-4430 WILLIE & RUTHIE Jefferson South Bend f N 45519 i LLIN015 South Bernd IN 46619 BDNU TIMOTHY A 378 _- .- .&.MICHELLE_ 316 S Wefiin ton WELLINGT 17 418-4068-250801 MILTON- BOND St South Bend I N 46619 ON Sauth Bend - IN 466#9 ---- 317 ANDERSON WELLINGT _ 18 418-4468-2505 LENORA M 317 Wellington Soutft Bend IN 46619 QN South Bend IN 46619 326 19 018-0117-4428 DOZIERALEX D 229 N. Illinois South Bend iN 46619 ILLINOIS SauEh Bend iN 46619 EPISCOPAL CHURCH LAYMAN CHAPEL ~ 341 GHRISTIAN - .: Ki_NMDRE 20 418-4468-2512D1 METHODIST ~. South Send IN 46619 ST South Bend tN 46619 301 301 S. WELLINGT 21 0 18-4468-2503 STOKES LU#.A L. Welling#on St. South Bend IN 48619 ON South Bend IN 46819 SRDLIGHTON DOROTHY L F/K1A JAMES DOROTHY 374 LEE S WARNER WELLINGT 22 0 18-4068-2508 ANN MARIE 314 S Wellington South Bend !N 46619 DN South Send. IN 46619 NAVARRETE SALVADOR AND 424 RUIZ FERNANDO .. WELLINGT 23 4 18-4478-2833 JT W! RDS 1013 Lawndafe South Bend IN 46628 ON South Bend IN 46619 i8 KENMORE- VAC LOT 41 24 41 8-4D76-2770 PALMER SHARON .. ;South Bend IN 45619 X132 South Bend iN 46619 Cgs ~.vurnY re~i.c~a Rec PARCELID AME 4 AII.INGADD AILINGCIT MAI LIN G5 TA MAtLIN GZIP PROP_ADD R RBP~,CITY PR OR STA TE PROP_ ZiP LAX 8EN & 5354D Pinehurst 3719 1 Oi8-4069-2565 CAROLYN A St South Bend IN 46637 WESTERN 5auth Bend IN 46619 • ~ Y 18 3000 BL Ax BEN & t ~ OF 2 018-4068-2515 . CAROLYN A St South Bend IN 46637 W1=STERN South Bertd IN 46619 TROTTI=R JOHN DBA 3609 WESTERN AVE 3609 Western 3609 3 01$•4D66-2516 LAND TRUST LLC Ave South Bend IN 46619 WESTERN South Bend IN 46619 - .---.aQ~tB-4D68-2517-tICk~NAN~SI.ADFg_A__~AVE -estern South Bend _~iN _ _46619~WESTERN ~Sauth Bend ~IN ~ 4661 .. .. ~ _ _ .. _ .. VIL ADJ 321 ANDERSON 317 S Wellington WELLINGT I$-4066-2506 LENORA M St South Bend IN 46619 ON South Bend fN 46815 3706 W vv~~~.~fvv ~ 018-4066-25D30t PRUITT DAVID Jefferson Blvd South Bend iN 46619 ON Soulh Bend IN 466 310 7 018-4117-4432 MERCADO JUAN F 310 S Illinois St South Bend IN 466t9 ILLfNOIS South Bend IN 46619 326 WELLINGT 8 018-4068-250803 BROWN WILL J 1918 E Donald South Bend IN 46613 ON South Bend IN 46619 TADDEO PETER 7SEE TRANSFER 322 9 018-4117-4429 NOTES P O Box 8195 South Bend IN 46660 ILLINQIS South Bend IN 46619 8451 Erie Falls 412 10 018078-2825 HENRY EDMONI] I7r South Bend IN 48814 ILLINOIS ST South Bend IN 46619 421 HOCHSTETLER 421 S Wellingto n WELLINGT 25 016-4078-2829 DEVON R Ave South Bend IN 46619 ON ST South Bend IN 46619 .416 DIAZ JI_SUS 416 S Wellingto n WELLINGT 26 078-4078-2830 IBARRA St South Bend IN 46619 ON South Bend IN 46619 / 415 S Kenmore 415 27 018-4076-2768 PALMER SHARON St South Bend IN 46619 KENMORE South Bend IN 46619 VIL AI]J 325 ANi]ERSON WELLINGT 2B D18-4068-2506fl1 LENORA M 317 Wellington South Bend EN 46619 ON South Bend IN 46619 18 ZDD BLK 322 S OF 29 018-4068-2514 OWENS ANNIE J KENMORE ST South Send IN 46619 KENMORE South Bend IN 46619 I JIAZ SAMUEL & 3520 30 flie-4076-2765 ARTEMtO AS TfC 3622 Dunfiam South Bend IN 46619 WESTERN South Bend IN x6619 371$ W 371$ 31 0 18-4D7B-2B17 POND GARY E WESTERN AVE South Bend iN 46619 WESTERN South Bend IN 46fi1 9 CORNER ROGER L AND JACQUELINE 37D6 Western 3706 32 018-4078-2821 PACESITTER BANK Ave. South Bend IN 46619 WESTERN -S outh Bend IN 4667 9 RANK PROPERTIES LLC C!O TIMOTHY J 6 6826 Wiid 3622 33 018-4D78-2822 RANKERT H eather Dr South Bend tN 46619 WESTERN South Bend IN 46619 RANK PROPERTIES LLG G/O TIMOTHY J ~ ~ 3618 34 018.4078-2823 RANKERT t' ~ ~ South Bend IN 48619 WESTERN South Bend IN 46619 NEt3LUNG ALAN B 3614 35 018-4078-2824 JEAN iRENE 3614 Western S outh Bend IN 46619 WESTI`RN .South Bend IN 46619 ( NEBLUNG ALAN R 3~" ,m 3612 36 01&4076-2760 & .JEAN i h: S outh Bend IN 46619 WESTERN South Bend iN 46613 C }!AZ SAhrtU1=L & 36~ & 3608 37 01&4076-2761 A RTEMfO A5 TEG ~ •~ S outh Bend I N 46619 STERN South Bend IN 46619 :..• p ~' I Z . i , f' 1~,~ ~ ~' jf~ JF`?~~ J .i ~tY .~ ~* ~ [S t71A~ SAMUEL 8 02 ~ ~ .. .. ,.. _, . ~ 38 018-4D76-2762 ARTEMIO AS TIC . _: _: ~. ~ South Bend IN 46619 EST RN South Bend IN 6619 ' i lb... ._. ~.~m i .: ~. x ~~ ~f~ -a-ec_~ . 1 . 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'..~; SiJ g i .. _w-, ' ~ :, ~ ~a.,..r_.... ~ ~ .ra...e.~ n BARNES &~'HGRNBURG l.~P Michaci D. Hard}' (574)237-1'i3 I11iI~e.Plaril~ d~t6tlnn'.cclEn V)<A I-IAND DELIVERY Area Board of Zoning Appeals c/o Carolyn A. Henry, Executive Secretary 125 South Lafayette Blvd., Suite 100 South Bend, Indiana 46b01 fit?~`~ Ist 5<urrce 11:1I~1( [:enter I QLl ~iE~Frh ~1'~1Chi~;Hn 5<~util I3~~nd, IN =}(if~f?3 IG3? I.?.ti..-~: Fax (~14) 2:37-~1?~ u~wll.ht1A111'.cunt August I d, 2014 RE; South Bend Public Transportation Cora Petition far Special Exception and Waiver (New Transpo Facility / I40I South Lafayette Blvd., South Bend, IN) Dear Ms. Henry: We are pleased to enclose this letter as a "Petition for Special Exception Use and Waiver" on behalf of our client, South Bend Public Transportation Corp. {"Transpo"), for consideration by the Area Board of Zoning Appeals (the "Board"}. This Petition is filed to request a special exception use to allow the construction and operation of a 180 foot telecommunications tower in a "GI" General Industrial District. Further, Transpo is requesting certain waivers of the development standards as follows: {a) from a tapering monopole construction to afree-standing lattice-style tower to allow Transpo to relocate and reuse the tower currently in use at the Northside Blvd. location and (b) from four {4) evergreens every thirty (3(3) feet tro landscaping as indicated an the site plan. In support of this Petition, we are pleased to provide the following information in accordance with the South Bend Zoning Ordinance and the Board's filing instructions: l . Infoxa~natiori Re~ardin Petition. A. Identification of Petitioner. The Petitioner's name, address and telephone number is: South Bend Public Transportation Carp. ("Transpo") 901 East Northside Blvd. South Bend, Indiana 466I 7 Telephone: (574) 239-2307 ATTN: Rick Brawn, General Manager B. Location of Property. The property upon which the telecommunications tower would be built is legally described as Lot 2 of Transpo Minor Subdivision, AIthough currently under construction, the property will be the location of the :1tl;trlr;l (~{lixa~;cl D~~lals~tre ln~li,:ll~;l Alichi~~an ~4itinraplllis Ohio 1~'~a~llingrrm, C).C:. Board of Zoning Appeals August 10, 2010 Page 2 new Transpo Operations Facility likely to have an address of 1401 South Lafayette Blvd., South Bend, IN (corner afLafayette Blvd, and Stull Street). C. Background and Statement of Special Exception Requested. The communications facilities withi~~ Transpo are in constant radio contact with the drivers of its public passenger vehicles. To assure carnmunieation with the drivers regardless of their location, Transpo constructed a 1$0 foot lattice-style free-standing telecommunications tower. The tower is currently located and in operation at Transpo's existing Northside location. When the new Transpo Operations Facility is completed, Transpo planned to relocate the tower to the new location. It is a single purpose tower f`or communicating with Trazrspn personnel only anal is not used far public telecommunication purposes. S'ectiorr 21 -08. ()1(3)(A) - W'hc~re Perrjritted -The tower would be located on Transpo property within the General Industrial district. Accordingly, pursuant to Section 21-08.01(3)(A), a special exception use is required. Additionally, the tower would be located within five hundred (500) feet of a residential district. However, because the telecommunication tower only serves Transpo and no other residents and businesses of the City of South $end, there are na other locations, buildings or structures beyond fve hundred (500) feet of a residential district or use which are available. The Transpo site is within the City of South Bend's new Ignition Park. Accordingly, alternative site locations for the tower are problematic. Additionally, many of the residential properties within the area have been included on the Redevelopment Commission's acquisition list for future acquisition to complete and expand Ignition Park. Section 21-08.01(3)(B) - Alternatives Exhausted - Because the telecommunications tower is utilized solely by Transpo for communicating with its drivers, Iocating the specialty wireless radio equipment an an existing tower, building or structure established for cell communications is not feasible. Section 21-OS.O1(3)(C) -Fair Market Value -not applicable. Section 21-08.01(3)(D)- Additional Special Exception Filing Requirements - because the telecommunications tower at issue is riot one to be utilized by the public, the provisions of subpart i. regarding a service plan for the City of South Bend, subpart ii. regarding a certification that the tower is available for use by another wireless telecammuinications provider, and subpart iii. regarding a designation by the owner that the tower is located on an area set aside far the equipment of future owners are not applicable. Section 21-08, 01 (d} -Development Standards -Offcials of Transpo and its general contractor, The Robert Henry Corporation, have been in contact with the building commission's staff to assure that the telecommunications tower, subject BARNES&TxoRNBVRG ~p Board of Zoning Appeals August 1 D, 2010 Page 3 to the waivers requested here regarding the tower type and landscaping; will comply with aI1 of the applicable development standards. D. Standards far S ecia] Exce lions I.C. 36-7-4-918.4 . Approval of the requested special exception and waiver will root be injurious to the public health, safety, morals and general welfare of the community for a number of reasons. .First, the requested special exception involves the construction of a telecommunications tower within a general industrial site and will satisfy, subject to the waiver requested within this petition, all applicable development standards, Secondly, tl~e location of the telecommunications tower will assure tha# proper communications will be established and maintained between the Transpa Operations Facility and Transpo personnel operating T~-anspo public transportation vehicles. 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner. The district was designed far industrial uses and the construction of the telecommunications tower will not adversely impact any other property owners with the district. 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. As previously stated, the construction of the telecommunications tower is consistent with the applicable development standards, subject to the waivers requested herein. 4. The proposed use is cazxapatible with the recommendations of the City of South Bend Comprehensive Plan. Transpa's purchase of the former South Fiend Stamping plant property for the construction of its new operations facility provided the resources to demolish the vacant plant and facilitated the creation of Ignition Park. Transpo would not easily be able to maintain its operations facility at the location if it was not able to communicate with its drivers in an eff cient way. The construction of the telecommunication tower within the site is integral to that plan. E. Identification of Person Presentin Petition. In addition to representatives of Transpo, the fallowing may present the Petition an behalf of the Petitioner: Michael D. Hardy, Esq. Barnes & Thornburg LLP 100 North Michigan, Suite 600 South Bend, Indiana 46601 Telephone: (574) 237-1233 BARNES&THORNBURG Lr.p Board of Zoning Appeals August 10, 2010 Page 4 F. .Zoning Classification. The subject property is zoned "GI" General lndustxial and is within Portage Township. 2. Site Plan. With this Petition, Transpo is sa~bmitting thirteen {13) copies of (a) a site plan of the site (attached as Exhibit A , (b} a color photo simulation showing the site of t11e proposed telecommunications tower (attached as Exhibit B}; and (c) an aerial view of the Plat Map surrounding the subject property, identifying those properties within 300 feet of the subject parcels (attached as Exhibit C}. 3. Property Within 300 Peet. Attached as Exhibit D is a list of the names and addresses of al] owners of property located within 300 feet of the property subject to this Petition. Transpo requests the Board's favorable consideration and approval of this request for a special exception and waivers of the development standards {a) from. a tapering mo~~opole construction to afree-standing lattice-style tower to allow Transpo to relocate and reuse the tower currently in use at the Northside Blvd. location and (b) from four {4} evergreens every thirty {30) feet to landscaping as indicated on the site plan. Please feel free to contact me directly at 237-1233 or Rick Brown at 239-2307 if you would like any additional information or if you would like to discuss this Petition in more detail. Thank you for your consideration, Very truly yours, RNES & THORNBU LLP Michael D. Hardy MDH: Enclosures cc: ~ Riek Brown John A. Callan SH1~502 MC71f 4~842Rv! BARNl~S&THORNBURG LI.P RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF T'I-IE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1401 SOUTI-I LAFAYETTE BLVD., SOUTH BEND, IN ''WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section. ST14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Comman Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Comx~on Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL ®F TIIE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Comman Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at 1401 South Lafayette Blvd, South Bend, Indiana: in order to permit the construction of a 180 foot telecommunications tower in a "GI" General Industrial District SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a cagy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: l . The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect .from and after its adoption by the Common Council and approval by the Mayor. Member of the Cornmon Council" `' 5 l ~ R 1~E~Fk f~ h. ... ~ ~ j~ ~iftl"6.ft~~~6%'+d~.1"«1 ~a ~ -.- ~Y~-y~ .,. -'~c~' Ca,,,.~, 4~F ~~~ &~ :~.,~' `~~~s~t~r~a ~: Wit` ~,Pp~ov~~ Pr~~ ~~~~' ~k~ ~~t~Y~y~ ~~~~~~ AUG 1 Q 2U1~ ~~~~t vaor.f°°~ ~~~ ~:.~~:~~, s:~. s~_~da, i~_, ~ ,,,,_,n C N N N 9 ~ ] N 3 } mN4 n Vi -~-`C ~,£ ~p B ~ ~ 2 chi o~iN~~ P w~a~~ ~~ ~d o~ ~~ v~ ~ a V1 N ~i b Appo L7 J ~~3 ~ m ~ d ~ 'w ~ n °a 1°Qo 6 3~ ~y ~ ~ ~ W n a^~~ `^ N ° EXl~flBil' O PETITION OE SOUTH BEND PUBLIC TRANSPORTATION CORP. ADJACENT PROPERTY OWNERS P~-RCELlD NAME_1 MAILiNGAn t4EAILtNGCIT MAlLfNGSTA Atl-tNCZIP OUTH BEND 018-8006-0349 PUBLIC RANSPOTATION 1200 County South Bend IN 46601 GORPAGTUAL Gity Bldg BANS DATE 7/21/p9 Oi 8-802 ~ -0$49 CITY OF SOUTH 1200 County South Bend IN 466p1 BEND City Bldg 018-802 ~- CITY OF SOUTH 1200 County 084909 BEt~iD South Bend city Bldg IN a66p1 O1 $-$004-0164 CITY OF SOUTH 7260 County- South Bend EN 466p1 BEND Gity Bldg DEFREEUW JAMES 0 ~ $-8004-01 ~0 E & RUTH MARY AS RUSTEES UNDER 111 LAKE Camden SC 29020 DECLARATION OF MALLARD LN RUST 01$-8006-(}268 G & B REALTY LLC E Lake Elkharf IN 46514 Dr N O ~ $-8006- E Lake 028801 G ~, B REALTY LLG ~~ ~ Elkhart IN 46514 O 1 ~-8004-0160 SWEET REALTY LLG 5 5 S Taytor South Bend IN 46fip1 018-6006- E Lake 028201 G & B REALTY LLC Elkhart D N IN 46514 018-8028-1127 EDGERS REAL Ut3 W South Bend IN 4869 ESTATE LLC Indiana Ave O1 ~-8027-1094 PARCHMAN ILLARD AND 521 W South Bend iN 4661 ENEVA Indrana Av ~ i~XH1BIT Q s CITY OF SOUTH BEND BY AND 27 W 01$-8027-1095 HROUGH ITS eftersan Blvd South Send IN 96601 BOARD OF PUSLIG 1316 ORKS 0 ~ 8-8027-~ 096 HITE GERALDINE C 509 W South Bend [ndiana Av IN 46613 01 $-8027-1097 FRANCIS GAY 509 W South Bend IN 96613 !ndiana 18-8027-1098 ~R~~ ~ot" souTH ~PO Box 1950 18-8027-1099 ~~Fn,~OF SOUTH ~PO Bax 1450 Inactive as of May, 18-8027-1100 008-combined with 018-8027-1401 MORE THAN ,~ $-8027-,~ ,~ ,~ $ CONQUERORS OUTREACH 14 W Seufh Bend 3N 4661 Indiana St MIN€STRfES 8-$027-1122 EflGER5 REAL ESTATE LLG 08 W outh Bend IN 4661 Indiana RIl7GE COMPANY 1535 S Main 18-8007-0351 INC 51 P O Box South Bend IN Rf~GE COMPANY 1535 S Main 18-8007_0350 INO St P O Bax South Bend RIDGE COMPANY 1535 5 Main 1$-8007-x351 INC St P O Box south Bend IN DUDECK GREGORY TRUSTEE OF THE GREGORY A DUDECK REVOCABLE TRUST T341 Pappy 18-8008-0375 &DUDECK Rd Sau1h Bend CATHERINE M RUSTEE OF THE CATHERINE M DUsJECK REVOCABLE TRUST 4661 0247 N 018-8004-0188 BLK LLC nndland La Porte IN 46350 DrIVe O 1$-80Ofi- G & B REALTY LLC CIr N E Lake Elkhart IN 46514 028802 (}'~ g_8004_0101 SWEET REALTY LLC ~e25 S Taylor South Bend ~IN ~ 4fifi41 018-8028-1128 G3LTNER TASSELL RENTALS LLC 521 N Forast Mishawaka ve IN 46545 {~ 18-$028-1134 UZELAC TOM 18506 U 5 6 alkerton IN 46574 018-8{)27.1084 OOLEY BILL L 927 E Indiana South Bend IN 46613 18-8005-0228 ~BLK LLC ~PO Bax 2596 South Bend SIN O1$-$005-0231 [iST SOURCE BANK, 1441 South ~5outh Bend ~1N ~ 46613 JAS TRUSTEE Main Street lrraative as of May, 018-8027-1108 048 -combined with 018-6427-1141 018-8007-0363 SDF SpUTH BENl7 1642 s soar, Bend iN assls LLC Lafayette Blvd O 1$-8008- 5DF SOUTH BEND 1642 5 South Bend IN 46619 037804 LLC Lafayette Blvd 18-8008- SDF SOUTH BEND 3023 5 37806 LLC ROADBR Frankfort IL 604 18-8007-0371 CALIFANO PAULINE ~' Di 5 Main South Bend 1N 4661 018-8007-0304 PALADtN 1607 S Marn South Bend IN 46613 CASEWORKS INC St 01$-8027-11 01 ENGEL VENTURES 11 W South Bend IN 46613 LLC Indiana Ave 018-8027-1087 CITY OF SOUTH 27 W efferson Blvd South Bend IN 46601 BEND 1316 01 8-.$(}OL~-Q1 ~77 HARMON 1NlLLIAM V P O Box 61 t3 5outh Bend III 46660 0 ~ 8-8004-0162 CITY OF SOUTH 27 W ef#ersan Blvd South Bend IN 46601 BEND Ste 12fl0 018-$004-0176 HARMON WILLIAM V P O Bax 6113 South Bend IN 4666 018 $004-0157 SWEET REALTY LLC GE' S Taylor auth Bend IN 46601 - COMMUNICATIgNS 1025 18-800- INC (WILTEL ELDORADO Broomfield CO 8002 08002 OMMUNICATibNS) BLVD ONE TECHNOLOGY 018-8027-1088 CITY OF SOUTH BEND 1200 County South Bend IN 46601 City Bldg 018-8027-1086 CITY OF SOUTH 27 W efierson Blvd South Bend IN 46601 BEND 1316 207 N 01$-8004-0189 BLt( LLC oodland La Porte IN 46350 Di=FREEUW JAMES E & RUTH MARY AS 111 LAKE 18-$004-017$ RUSTEES UNDER MALLARD LN Camden 5C 29020 DECLARATION OF RUST 01$-8003-0126 SUVEET REALTY LLC 5t 5 S Taylor South Bend IN 46604 Q ~ ~-$002-0116 G & B REALTY LLC Q~ ~ E take Elkhart IN 46514 d 1 ~-$()~6 G & 6 REALTY LLC ~~ ~ E Lake Elkhart IN 46514 028501 018-8004-0159 SWEET REALTY LLC Sts S Taylor South Bend IN 46601 01$-8004-0174 ILLOW LLC 1149 S Main South Bend EN 46607 ~'~ 8-8006-02$2 G & B REALTY LLC E Lake Etkhart I N 46514 Dr N a1 ~-8027-~ O9~ CITY OF SOUTH 1 200 County South Bead I N 46601 BEND Clty Bldg SBDS02 MBH 408d~45v1 AREA B®ARD ®F ZONING APPEAI~.~ 125 S. Lafayette Blvd. 5nite 1U0 South Bend, Indiana 4601 (574) 235-9554 Pnx: (574) 235-5541 September 2, 2010 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46&01 RE: Petition for Special Exception for South Bend Public Transportation Corp. ABZA 9/1110 Dear Council Members: The above referenced petition of South Bend Public Transportation Corp. was legally advertised on August 21, 2010. The Area Board of Zoning Appeals gave it a public hearing on September 1, 2010, at which time the following action was taken: Upon a motion by Mr, Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception of South Bend Public Transportation Corp, to allow a 1$0' tall telecommunications tower on property located at 1401 S. Lafayette Blvd., is sent to the Common Council with a Favorable >l2ecommendation. 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 sot-r. ~~ I~a~~,~~ »~~~BLac ~,~:.~I~s~©u~,~-T~o~;rr~..~~s~0 SI'I=.CI.AL L:SF_ PL?ItiSUANT 5..1.C.C. CI-I.gPTIvT2 S .=,P.F.~ ?~C~r~1~U 01= %O?~7~G .4T'i'F~_~iLS I . THP I'Iti]'OSr'D SI'T,CIAI_ U5E WJ7_i_ NOT DE- I'~'3LJRIL'S TO TI-IE PLi~L,IC HEALTH, S.4I=;='T~ - CC7]~~I1=CJI:"I". CL7~~]ML'~I`l'Y 1~~ORnL STA'`1~.4hDS, CO:'~~}'I~NIE'~~CL= OPT CEI~ER~L Z7JLFAIr'T` Tl-~z evidence }~resealted at t§~e .Area I~oard of 7oninL Appeals n;eetin~ \~~as in t].~c Hoard's apirrion cnn~.ictine and 727COr1C1uS3\'C. i herefore_ the F3oard is of ti-ze o}airrion that the Cour;ci] \NOUid ~e i.n a ~etter- ~ositior7 ro hear t~urtl~er clarilicatiar~ ar;c :-more evidence or; tltis petition-- ~. 1rI-IE i~RO?'OSI~I~ SPECIAL USF \r1'ILI. NOT ~ TLTRL OR .4DZ'r,~,SLT_Y :~.r'1=1=CT T ILL L'SI= 01= TH E :'~17: _~, Ci_.\ T ; ~]~I~A OR I}ROPFRTY' ~~'ALCILS "fI~ISI~I'~ I3l~C ~USL: The. variar;ce or u,sc sisal? in~I~rc~ve tl~e appearance of the nei~~h~orl~ood and \x-ili not devalue the surroundin~~ prapc;rties. ~. a"I-IE PROPOSE-'D SPLCT_A.L L?SE VE'ILL 13E CO'_~SIST'7y?~T WITI~ Ti-iE- CI-~ATtiACTER ©7" THP~ DISTRICT III ~-.'I3ICI-i iT IS LOCP,TI?D -~'~D TiTE LAND USE-.S :=zT.THC~FtIlED THE-1~]~?'~ SLCf-x'(_;53 Conditions oF7 tine uropert~~ predate tl~e Zoninv Ordinarzce_ \~,-hich creates a differe.;t coi3rlition for this propert; . -t.. TI--?F PROi'OSED SPECI_-"~.L ~~SE IS Cc~?~~?'ATI73i.~L ~~'ITH "i 7:.Iu RECrJ]`3:;~fI~'_`'DATIC3N5 C)I= I-iE 5T. JC)SL-f'~: COL`~ti".'Y" CO?~~PRLI-ir,'~SI~"]M I'I..fi~?~' I3EC?L'SL~: It is the fee]in~ of the ~oa.c tlsat tI-re variance i= i_7lendir:~~ into tl;e ov4rall Cornaz-ehensivE Plan ar~d iM na: der~iat:r.~ fi-oa~: its interZt. CO~I~ITIO?~;S ~-~r I'~r~`ISIO'~5.: I.3EC7S2 Q 1T 1S TI-I?=Rr.POI-.L the decision of this board tl.at tl;is request zor SP>.~CIAL US]=. sl?ail be ;gassed o,~to i]ae Cor~-rntor: Coa_;ci] ~~-iti;. 2: ;='4~'QrZ4.I3I.E RI~CCD>1~1~.~7~.'_~I7A.`~'Z©'~~ :~.DC3:'T=.D this 1st Da\ cr SEl'TL~ nfr3Elt_ ?%t i Cl- ~~ E ~~ C7 GERALD i'I-aI.PPS ~' ROi3L-I21 I~h.~%~ LIW~' RA?~DALL ?~!ATT:ss-S JACK ~'O~.~G 70E- \'L-LLL1~:13?ti nnc ~ ~rncr ~saciac~~ Inc. MICHAEf. J. RANCH, L.A. Land Surveyors a Professional Engineers RoN HArztuER, P.S. Landscape Architects . Land Planners Honorable Members of the City of August 1, Zola South Bend Common Council 4th Floor County-City Building ~. South Hend Indiana 46601 ~~ RE: Special, Exception Petition for the property located at 2602 Western Avenue, South Bend, Indiana: Dear Council Members: Our clients are requesting the approval of a Special Exception for their property located at 2602 Western Avenue, South Bend, Indiana. phis Special Exception will allow for the re-location of a Private Club. Our clients believe that the approval. of the proposed Special Exception will fit within this established South Bend neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, .,,,.~~ Michael J. Ranch ~~ President Ranch, Harper & Associates, Ina. File # 100153 Md. "C" HUV ~ `t ~U1~ 1643 Gflmmerce Drive . South Bend, EN 46628 208 West Mars a Berrien Springs, Ml 49103 Once 5741234-4003 ~ 8001594-4003 ® Fax 5741234-4199 once 269!471-3010 ® FaX 2$91471-7237 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT (2502 WESTERN AVENUE, SOUTH HEY3D, INDIANA) WHEREAS, Indiana Code Section 35-7-4-918.6, requires the Common Caunail to give notice pursuant to Indiana Code Section S-i4-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals far approval ar disappro~v'a1; and WHEREAS, the Cowman Council must take action within sixty {SO) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4--918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Cade Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals of St. Joseph County, Indiana has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, SE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH SEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition frrom the Board of Zoning Appeals pursuant to Indiana Cod® Section ~-14-1.5-5, requesting that a Special Exception be granted for the property located at: {2502 WESTERN AVENUE, SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception to allow for the operation of a Private Club for property located at 2602 Western Avenue, South Bend, Indiana per Section 21-03.02 (a) (2) (E) of the City of South Bend Zoning Ordinance. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals of St. Joseph County, Indiana, a copy of which is on file in the Office of the City Clerk. 2 SECTION III, The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2 . The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code ~ 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Cammon Council and approval by the Mayor. Member of the Common Council ~~ i~.~,:.~r~a ~~r_~ ~a~ a~~ov~~ •• x ~ ~ ~ ~" ~ ~~~~~ ~~c' ~@ ~ e ~ ~klG - ~ 2.10 a;~~s~€ Frr~~~~~~~ AREA BOARD OF ZONING APPEALS OF 5T. JOSEPH COUNTY, INDIANA NO. FILED 20 NOTIFIED , 20 HEARING , 20~ APPEAL Appliaant~s Name: WILLIAM C» KOLACZ TRUSTEE OF THE WILLIAM C.KOLACZ REVOCABLE TRUST WITH LIFE ESTATE Phone 579--235-9371 Address: 3602 SOUTH IRONWOOD DRIVE, BOX 33$-e, SOUTH BEND, INDIANA 46614 Address of Property: 2602 WESTERN AVENUE, SOUTH BEND, INDIANA 46614 Present Zoning o£ Property: "MU" MIXED USE DISTRICT Owner's Name: WILLIAM C. KOLACZ"TRUSTEE OF THE WILLIAM C.KOLACZ REVOCABLE TRUST WITH LIFE ESTATE Phone 574-235-9371 Address: 3602 SOUTH IRONWOOD DRIVE, BOX 338-e, SOUTH BEND, INDIANA 46614 Counsel or Consultant: RANCH, HAANER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE AREA BOARD OF ZONING APPEALS FOR ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at 2602 WESTERN AVENUE, SOUTH BEND, INDIANA 46614 NATURE OF APPEAL: SPECIAL EXCEPTION REQUEST: A). Special Exception Request: PARCEL "A": A). Approval of a Special. Exception as allowed under Section 21-03.02 (a)(2)(E) of the City of South Bend Zoning Ordinance to allow for the operation of a Private Club for property located at 2602 Western Avenue, South Send, Indiana 46614, per Section 21-03.42 (a)(2)(E) of the City o€ South Bend .Zoning Ordinaxce ; 2 VARIANCE REQUEST: 1). From the requirement of providing the minimum of One (1} Parking Space per Five (5) Members of the Club for a total of Three Parking Spaces (i.e. 15 Members = a minimum of 3 Packing Spaces) to providing a total of Two (2) Parking Spaces far 15 members. The Petitioner is the owner of the real estate parcel shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Petition property presently has a Zoning classification of "MU" Mixed Use District. The Petitioner has been approached by the City to negotiate the purchase of the property to allow for the re-location of a Private Club to the site. The re-location is necessary as the City is purchasing the Private Clubs' property, which is located on the Northwest corner of Indiana Avenue and Chapin Street. This property falls within the boundary area of properties being acquired by the City for the Ignition Park. The Petition site is aPProximately the same size as the property on Indiana Avenue with a similar structure, The zoning of both sites is the same (MU} and the location on arz arterial street with adjacent single-family homes i.s the same. The existing Private Club has been. at their location far approximately 30 years. They desire to be re-located in South Bend at a location that is relatively close to their Club members. The Western Avenue location fits the Club's requirements closely. The Private Club is a motorcycle club made up of 15 members. They have enjoyed being at their location on Indiana Avenue for the past 30 years. They have been active members in the neighborhood and they look forward to being active members in their new location and to help the neighborhood in any way they can. They meet an a regular basis and enjoy the company of their members getting together at their Club facility to discuss issues related to the Club and events within the community that they can play a part. The members usually try to meet once a week with the meeting lasting approximately 2 hours. The meetings usually occur in the early evening. Nat all 15 members are in attendance at each meeting. The average is approximately 11-13 members. During a few days each week a member or two maybe present faar a few hours to do general clean- up/maintenance and check for mail. It is typical that the members come to the club building by motorcycle. The City, their representatives and the contingent purchasers have had discussions with the Building Department Staff to determine the procedures required to move the Private Club from their present location to the Petition site. Based on the City's Ordinances, the re-location process requires the approval of a Special Exception. A "Private Club" is a Permitted Use in the Mixed Use District only with the Special Exception. There wer® also discussions with the Councilman of the District, to discuss with him, the process tore-locate the existing Club. He was favorable to the re-location within his distract and expressed no concerns. The Petitioner, the City and the contingent purchasers would ask the Board Members to agree that approval of the Special Exception to allow 3 for the re-location of the Private Glub, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area ar property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan, all, of which is requested by the South Bend Municipal Code ~ 21-09.03 (i). The Petitioner, the City and the contingent purchasers believe that their re-location to the petition site would have a positive effect on the neighborhood, as it will take a building which has been vacant for over a year and allow it to be occupied and renovated for the Clubs' use. The Petitioners believe that approval of the above Special Exception for this proposed use will not be detrimental to adjacent properties, nor will it adversely affect the surrounding property values. Also as part of the re-location of'the Private Club, a Variance is required for the amount of parking being provided. Per the City's parking standards, a Private Club is required to provide One (1) parking Space for. each Five (5) members of the Club. At their present location, there are no specific spaces being provided, the members park in the area behind the building, or on the side of the building in a vacant lot or in the street along Indiana Avenue. The members ride motorcycles, and the area for parking motorcycles is not as large as spaces needed for vehicles. At the Petition site, the existing building has two garage areas available on the South end of the building. The garage area available is approximately 750 square feet. The typical motorcycle space is ~ ft. by 9 ft. The garage area available could handle 10 to 12 motorcycles comfortably and indoors. The Petitioner and contingent purchaser are requesting a Variance from the minimum required three (3) Parking Spaces for the Private Club (i.e. One {1) Parking Space for each Five E5) members, a total of Three (3) spaces) to a minimum of Two (2) Parking Spaces. With the amount of parking available in the garage area of the existing building, the Petitioner and contingent purchaser do not believe approval. of a One (1.) Parking Space Variance for this use would have a detrimental impact on any surround property. The Petitioner, City and contingent purchasers would ask the Board Members to agree that approval of the above described Special Exception and Variance request will not have a detrimental affect far this area, nor would the property values, public's health, safety, morals, or general welfare be adversely affected. The Petitioners contend that the strict application of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Special Exception and Variance request is sought: that the need for the Special Exception and Variance request arises from such condition peculiar to the property in the same Zone: and that the use ar value of the area adjacent to the property described in the petition for the Special Exception and Variance will 4 not be injurious to the publio health, Safety, mora3.s, or general welfare of the camiaunity. 1 attest, under the penalties for perjury, that the foregoing representations are true. k. } Michael J. Ranch President Ranch, Hamer & Associates, Tnc. Property Owners Within 300 Feet Rosa Sandoval Rosa Sandoval 2622 W Western Ave 2622 W Western South Bend, IN. 46619 South Bend, IN. 46619 Tax Key # 018 4035 1250 Tax Key # 018 4035 1249 Bernardo Gaivez & Emilio Galvez Laura & Manuel Villegas 2630 Western 2637 W Western Ave South Send, !N. 46619 South Bend, IN. 46619 Tax Key # 018 4035 1247 Tax Key # fl18 4035 1246 Fabian Corro & Ricardo Rosales Robert Stone 62430 Locust Road Lot 213 414 S Kaley South Bend, IN. 46614 South Bend, IN. 46$19 Tax Key # 018 4035 1244 Tax Key # 018 4035 1255 Robert Stone 2627 Monroe St.land Trust LLC 414 S Kaiey 2627 Monroe South Bend, !N. 46619 South Bend, IN. 46619 Tax Key # 018 4035 1256 Tax Key # 018 4(335 1258 2627 Monroe St Land Trust LLC Linda Smith -Linda Edgil 2627 Monroe 2617 W Monroe South Bend, IN. 46619 South Bend, !N. 46619 Tax Key # 018 4035 1260 Tax Key # 018 4035 1261 James & Ramona Gregg Luisa Maria Fernandez 438 S Olive 417 Meade St South Bend, iN. 46619 South Bend, lN. 46619 Tax Key # 018 4fl35 1263 Tax Key # 018 4035 1264 Salvador & Consueto Miramantes ANM Rentals LLC l34 S Kaley 2236 Miller C# 3arath Bend, IN. 46619 Mishawaka, IN. 46544 "ax Key # 018 40351268 Tax Key # 018 4035 1269 avier porninguez Javier ^orninguez 618 W Monroe 2618 W Monroe youth Bend, lN. 46619 South Bend, iN. 46619 ax Key # 018 4035 1271 Tax Key # 018 4035 1272 ichard 8< Geraldine Bandera Maria Guadalupe - Serafin Garcilazo 25 S Meade St 429 S Meade St oath Bend, 1N. 46619 South Send, IN. 46619 3x Key # 014 4035 1274 Tax Key # 018 4035 1275 Bernardo Galvez & Emilio Gaivez 2630 W Western Ave South Bend, IN. 46619 Tax Key # 018 4035 1248 Laura & Manuel Viiilegas 2637 W Western South Bend, IN. 46619 Tax Key # 018 4035 1245 Joseph Jr. & Irene Mcleod 422 Kaley South Bend, IN. 46619 Tax Key # 018 4035 1257 2827 Monroe St Land Trust LLC 2627 Monroe St South Bend, IN. 46618 Tax Key # 018 4035 1259 Linda KSmith - Linda K Edgi[ 26'17 W Monroe South Bend, IN. 46619 Tax Key # 018 4035 1262 Kenneth & Esther Kalicki 421 S Meade South Bend, IN.46619 Tax Key # 01$ 4035 1265 Javier Dominguez 2618 W Monroe South Bend, IN. 46619 Tax Key # 018 4035 1270 Javier Dominguez 2618 W Monroe South Bend, IN, 46619 Tax Key # 018 40351273 Maria Guadalupe - Seratin Garcilazo 429 S Meade South Bend, 1N. 46619 Tax Key # 018 4036 1276 Gregory Wilson Gregory Wilson Jeremy Smith 2506 W Monroe 2506 Monroe St 434 S Meade South Bend, IN. 46613 South Bend, tN. 46619 South Bend, iN. 46619 Tax Key # 018 4024 0838 Tax Key # 018 4024 0835 Tax Key # 018 4024 0834 Clinton Douglas fill Rene Saenz Richard f-loflingswoRh Jr. $30 Harrison Ave 426 S Meade St Christopher Thornton South Bend, tN. 46619 South fiend, fN. 46619 2637 Prairie Ave Tax Key # 018 4024 0833 Tax Key # 018 4024 0$32 South Bend, IN. 46614 Tax Kwv # f11 R 4f?74 tIRfI4 Andras & Patricia Ovalle Andres 8~ Patricia Ovaife Fred .!star 19385 Doventry Ct. 18385 f7oventry Ct. 2516 Western Avenue South fiend, IN. 46637 South Bend, iN. 46637 South Bend, fN. 46619 Tax Key # 018 4024 0805 Tax Key # 018 4024 0806 Tax Key # 018 4024 0607 Brinks inc. Raymond & Peggy Gafiacher Hector & Mariceta Ontiveros PO Box 18100 416 S Meade 41$ S Meade Richmond, VA. 23226 South Bend, fN. 46619 South Bend, fN. 46619 Tax Key # 01 8 4024 080901 Tax Key # 01$ 4024 081$ Tax Key # 018 4024 0619 Avtar Singh Diane Nicholson J & W Properties LLC 422 S Meade St 2513 W Monroe 3030 S Michigan St South Bend, iN. 46619 South Bend, IN. 46619 South Bend, fN, 46614 Tax Key # 018 4024 0824 Tax Key # 018 4024 0021 Tax key # 018 4024 0822 Rochelle Robinson Linda Kay Geyer Rocheffe Robinson 306 S Meade 2507 W Monroe St 306 S Meade St South Bend, IN. 46619 South Bend, f N. 46619 South Bend, iN. 48619 Tax Key # 018 4034 1204 Tax Key # 018 4024 0823 Tax Key # 0184034 1205 Rocheffe Robinson Juffo C Lara & Mariana Barrios Juffo Lara & Mariana Barrios 306 S Meade St 13791 Stabledon Dr 13711 Stabledon Dr South fiend, IN. 48619 Houston, TX. 77014 Houston, TX. 77014 Tax Key # 018 4034 1206 Tax Key # 018 4034 1207 Tax Key # 018 4034 1208 f=first National Bank of America Raymond & Stacie Taberski 305 Rete t_and Trust 241 E Saginaw 27723 State Road 23 2913 Mishawaka Avenue Suite 600 North Liberty, IN. 48554 South Bend, 1N. 46615 =ast Lansing, Mi. 48823 Tax Key # 018 4034 9209 Tax Key # 018 40341211 Cox Kpv # {~7A 4C1R4 47~~C19 )ewayne M Mlon ANM Rentals LLC John Cafi#ano i'I1 Shephardsway 2236 Miller Ct 1701 S Main }sreofa, IN. 46561 Mishawaka, fN. 46544 South fiend, fN, 46613 'ax Key # 01$ 4034 1212 Tax Key # 018 4034 1213 Tax Key # 018 4434 1214 7S8 COnstlelp f]aixy Torres Van Bostic 617 W Western Ave 2617 Western Ave 718 f]ennsylvanfa Ave oath Bead, fN. 46619 South Bend, iN. 46619 Saint Louis, M0. 63130 ~x Key # 018 4034 1215 Tax Key # 018 4034 1216 Tax Key # 018 40341217 Daixy Torres Jose 8~ Gracy Thottichira Darryl & Jacquelyn Simpson 2617 Western Ave 5{}747 Regency Pic Dr 2626 Napier St South Bend, iN. 46619 Granger, IN. 46530 South Bend, IN. 46619 Tax Key # E318 4034 1218 Tax Key # 018 4034 1219 Tax Key # 018 40341221 Darry! & Jacquelyn Simrpson 2&26 Napier St South Bend, fN. 46619 Tax Key # 018 4034 1223 Irvin Wrzesien 2630 W Napier St South Bend, IN. 46619 Tax Key # 018 4034 1225 Manuel &Juveral Villegas 2637 Western Ave Sou#h Bend, lN. 46619 Tax Key # 018 4034 1226 Manuel &Juveral Villegas 2637 Western Ave South Bend, IN. 48619 Tax Key # 018 4034 1231 AREA BOARD dF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA NOTICE TO ADJACENT PROPERTY OWNERS: You are hereby notified that the Area Board of Zoning Appeals of St. Joseph County, Indiana will hold a public hearing an Wednesday, the lst day of SEPTEMBER 2010, at 1:30 p.m. in the Council Chambers on the 4th floor of the County - City Building, 227 W. Jefferson Blvd., South Bend, Indiana. A petition is on file by William C. Ftoiacz, Trustee of the William C. Kolacz Revocable Trust with Life Estate of 3602 South Ironwood Drive, Box 338-e, South Bend, Indiana 46614, seeking the following: A). Special Exception Request: PARCEL "A": A.}. Approval of a Special Exception as allowed under Section 21-03.42 (a){2}(E) of the City of South Bend Zoning Ordinance to allow for the operation of a Private Club for property located at 2602 Western Avenue, South Bend, Indiana 46614, per Section 21.-03.02 (a)(2)(E} of the City of South Bend Zoning Ordinance, and the follat~ring Variance Request: 1}. From the requirement of providing the minimum of One ( ~. ) Parking Space per Five (5 } Members of the Club far a total of Three Parking Spaces (i.e. 15 Members = a minimum of 3 Parking Spaces) to providing a total of Two (2j Parking Spaces for 15 members. The property is presently zoned "MU" Mixed Use District. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 2642 WESTERN AVENUE, SOUTH BEND, INDIANA 46614. Said public hearing will be held as authorized by the applicable Zoning Ordinances and Chapter 138, Acts of 1957 of the General Assembly of the State of Indiana. Any persons desiring to oppose or support said petition will be heard at that time. AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA 125 SOUTH LAFAYETTE BLVD. SUITE 100 SOUTH BEND, INDIANA 46601 Secretary to the Board (574) 235-9554 AREA B®ARD (~F ZONING APPEALS 125 S. Lafayette Blvd. S~xite X 00 South Bend, I.nd~ataa 4GG€D1 (574) 23S-9SS4 per: (574} 23S-5541 September 2, 2010 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 4660 ~ ltE: Petition for Special Exception ABZA 9Il/10 Dear Council Members: The above referenced petition of William Kolacz was Iegall;~ advertised on August 15, 2010. The Area Board of Zoning Appeals gave it a public hearing on September 1, 2010, at which time the following action was taken: Upon a mot"ran by Mr. Phipps, being seconded by Mr. Young and by a vote of 5-l, the petition far Special Exception to allow a private club in a "MU" Mixed Use District, on property located at 2602 Western Ave., is sent to the Common Council with a Favorable Recommendatdom and v~rith a recommendation that they provide a 20' x 40' paved parking area. The deliberations of the Area Board of Zoning Appeals and paints considered in arriving at the above decision as shown in the Minutes of the Public I-fearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Belot, C.B.O. Building Commissioner CCB/cah IiOLACL SI'I/C1AI. USL I'L~RSL'FL?~T S.1.C.C. CH-~1]'TER ARE= A 130AP~D O]= r0]~t?~'G A 1~PLALS FT?~DF;lGS f~FI=-ACT i - T l~E T']tPOS]".I~ SI-'ECI,A.L >:•'SFF V+'iLL ]SOT ]3E I'~.iLiRIUS TO T:~IF_ I'L7BL}C ]-]=ALT]3. S.~}'}_'I'~ - CC)?\g1rG?`.T, CC>'~~?~~lt.,?~~1TY ]~~IOR_'~L ST,i.NDAI~l~S- CO'~'~'F=?~~IENCE OR GE'~?]RA>~ lt,'LFAl.=1= TI~e e~-id~~rlce prese;~ted at tl~e .4.rea ~c~ard of Iozsin~ Appeals .~7eetin~ 1~•zs ia~ the I3caard's opinion conictil~~ aa~d z;lca_=aclusi~-~. Thea-e$ore, t]~e I3ocrd is of th.e opi:lic3n tlaaz the Cn~zz-acil ~~~ou]d be in a oerter pOSit16I~ LU llear f17IZ~; Cla?`7~~1G.atlO7i 31Z~ i77pSi' CVICiG'nL'~ UI7 ~:~tS j~L't1t10I1. ~. TH>; ]'RC7PC)SLD ,SPECIAL L~S3? U'ILL NUT 1~J"Lfk;L= OFL Al~~?L-'ItiSI~L?' -AI~FL=CT THIN liSE UI= `Tt~L- A]~.7_~CF'lT .=,]~_~ CSR 7'RC3PE.P~T~' ~%1~LU1S TI~.]:.I~~.I?~° B1'C.AiJSI=;; T]•l~ ~~ariance oz' use s]ta]} improve thu appearance oftlze rei~~hboa•]7nad and ~a•il] a7ot de~~alue the sul~-aitnc]inry p: oper[ic;s. W 3- THIW- PRUI'OSE)~ SPECIAL LiSE ~x'ILL ~E CD?~SIS ~'"EST ~'I T H TI-iF_- CHAI,...ACTIWR O]' `]-HE D1STl,~CT 71~ ~'H7CH IT IS LOCATED A?\i7 TI~.L- L AI~~D USES .-`~L~TI-.QR7.Z1~D THLPS:i\ .L3ECAL~SL: Conditions on tl~e pro,~~~l-n preoat~ >1i~ 7oniz7L~ QrdS;aznce_ ~~,~?iiel: creaz~s a dafforel~t cr~zadztioz~ for tI-Iis propel ice-. ~r. TI-3?~ I'}ZOPOSF_D SPECIAL L'SF IS CQ'~iPATI]3L :~ V.'I'iIr T]-i_L- .T~'COI~~i?~~!F?~'I~.ATIO\S OF' THE ST..7GSE-?'H COL~Tz` CUI~-?I'%.Ek~E'~fSIVL= 7'L?.?~~ PEC.-IUSE: ], is the f:.e}in~ or the z3aw.rc} :hat the ~°az-fiance is L-~Iezzdirlti il.io the a~~~_•a?l Car.~;~~-uhensi~'° P]rxn Glad is z~o~ de\ latln~ ~I-On: Its II7tU'I2i. CO\~DaTiONS or I~.Z-ISIO'~S: V+'ITH ~I3E.n.i~CU]vll~/IE~TI~ATIQ;` WHAT :~ ?='A\')/D ?C~' ~ ~C1` ]'_~1~7k?~~G .^~R E.A BE I'RO-t`]LL7 ]]ECISIC~I~ IT IS T17ERE?=£~RE tl>e d~cisiot~ o z}1is Board tl~a. t]tis z-equest for S7'ECI_~L L-SE shall be passed onto the Cprnmol-i Council ~~-itla a: 1~A~'E=YIZ? I~LF h'.]/CC~'~'II~F?`C°D!-L1~'IQ?! .A,DUP T EI7 this 1st Da.~ of SEI'TIr~~BI~R. ?O l C1. ~'E_S ''e O ~~ 1vtICH.~L-L L.tI^t~ANSI~I GERALD PIIIFPS P.OF3ERT H:A~~~LE ~' R.q'~ D a LL ]v1A TTi ~ ~' S