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HomeMy WebLinkAbout6C(4) Resolution No. 28586 c ( Y) -SOUTA 8� Community & Economic Development ra 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: Redevelopment Commission From: David Relos, Economic Development Planner 9V_/. Subject: Resolution No. 2858 Ignition Park Architectural Review Board (ARB) Rules of Procedure approval Date: March 22, 2011 On January 21, 2011, the Commission approved a Professional Services Agreement with Baker & Daniels, to develop policies, procedures, and guidelines for the operation of the ARB, and to draft a Declaration of Covenants and Restrictions for Ignition Park. Attached are the Rules of Procedure for the ARB, and Resolution No. 2858, which approves those Rules. These Rules define the purpose of the ARB, its membership, what constitutes a quorum, when and how it meets, how decisions are handled, etc. Geri Hathaway, Director of Ignition Park, will present these Rules the day of the Commission meeting. Staff requests approval of the Architectural Review Board's Rules of Procedure, and Resolution No. 2858. What We Do Today Makes A Difference! RESOLUTION NO. 2858 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION ADOPTING RULES OF PROCEDURE: IGNITION PARK ARCHITECTURAL REVIEW BOARD WHEREAS, the South Bend Redevelopment Commission (the "Commission ") is the governing body of the City of South Bend Department of Redevelopment (the "Department ") and exists and operates under the provisions of I.C. 36 -7 -14, commonly known as the "Redevelopment of Cities and Towns Act of 1953 ", as amended from time to time (the "Act "); and WHEREAS, under the authority of the Act, the Commission has adopted and declared the Airport Economic Development Area ( "Area ") to be an area in need of redevelopment within the meaning of the Act and has acquired property, demolished buildings, and otherwise prepared land for development consisting of approximately 84 acres located in the Area ( "Ignition Park "); and WHEREAS, on December 13, 2010, the South Bend Common Council (the "Council ") approved a Preliminary Plan for the Ignition Park PUD Zoning Ordinance (the "PUD "); and WHEREAS, the Commission, as owner of the land comprising Ignition Park, now desires to adopt Rules of Procedure: Ignition Park Architectural Review Board applying to any land use or development within Ignition Park. NOW, THEREFORE, BE IT RESOLVED, by the South Bend Redevelopment Commission as follows: 1. The Commission hereby adopts Rules of Procedure: Ignition Park Architectural Review Board, in the form attached hereto, applying to any land use or development occurring within Ignition Park. 2. This Resolution shall be in full force and effect after its adoption by the Commission. Adopted at a meeting of the South Bend Redevelopment Commission held on March 22, 2011, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed Name and Title South Bend Redevelopment Commission ATTEST: Signature Printed Name and Title South Bend Redevelopment Commission Ignition Park Architectural Review Board, Rules of Procedure RULES OF PROCEDURE: IGNITION PARK ARCHITECTURAL REVIEW BOARD, CITY OF SOUTH BEND, INDIANA I. Purpose The purpose of the Architectural Review Board (the "ARB ") shall be to review all land uses as well as all site plans, landscape plans, open space / outdoor seating plans, building plans and sign plans for consistency and compatibility with the intent for Ignition Park as set forth in the Ignition Park PUD Zoning as well as the architectural themes and character established for Ignition Park as set forth in any duly adopted Architectural & Site Design Guidelines for Ignition Park. II. Membership, Quorum and Official Action 1. Membership — ARB shall consist of five (5) members as follows: (a) Director of Ignition Park; (b) Executive Director of the South Bend Department of Community and Economic Development; (c) Two (2) citizen members appointed by the South Bend Redevelopment Commission, who may or may not be employees of the City of South Bend; and, (d) One (1) member appointed by the Common Council of the City of South Bend, who may or may not be a member of the Common Council. The Director of Ignition Park is hereby designated as the Chairperson of ARB. 2. Quorum — A minimum of three (3) ARB members shall be required to constitute a quorum. 3. Official Action — An action of the ARB is official if concurred in by a vote of at least three (3) members. When a vote of the ARB does not result in an official action as set forth above, the application shall be rescheduled for consideration at subsequent meeting of the ARB. The time and place of such subsequent meeting may be set at the same meeting at which the indecisive vote occurred or as provided for in Article VI of these Rules. ARB -1 City of South Bend Ignition Park Architectural Review Board, Rules of Procedure III. Administrative Support The South Bend Department of Community and Economic Development shall provide administrative, clerical and support services to the ARB. IV. Filing Applications for all land use or development proposals to be reviewed by the ARB shall be filed with the offices of the South Bend Department of Community and Economic Development. Upon receipt, each application shall be assigned a number in the order of its filing. The numbering shall begin anew on January 1, of each year. Application numbers shall be hyphenated beginning with "ARB" followed by the numbers of the year and the number of the application (i.e., ARB- 2011 -01). V. Duties The duties of the ARB shall be to: (i) review, comment upon, develop or recommend amendments to the Architectural & Site Design Guidelines for Ignition Park; and (ii) review all proposed land uses and development proposals for Ignition Park. Upon review of a land use or development proposal and the taking of a vote which determines an official action, the ARB shall issue one of the following letters to the Applicant: A Letter of Approval from the ARB citing the specific land use or development proposal which has been approved. Said letter shall be addressed to the Applicant with copies to the Executive Director of the Area Plan Commission and the Building Commissioner of the City of South Bend. (NOTE: Such Letter of Approval, while a prerequisite for submission to and approval by the Executive Director and Building Commissioner, is only advisory in nature and is only intended to inform the Executive Director or Building Commissioner that the land use or development proposal is acceptable to the ARB. Such Letter of Approval from the ARB does not bind the Executive Director or Building Commissioner to issue approvals or permits if in the exercise of their duties they determine that other applicable rules or regulations, which are also pre- requisites to the issuance of an approval or permit, have not been complied with.) 2. A Comment Letter addressed to the Applicant indicating items that must be modified in order to obtain a Letter of Approval from the ARB; or, 3. A Letter of Denial addressed to the Applicant indicating the reasons for such denial by the ARB. ARB -2 City of South Bend Ignition Park Architectural Review Board, Rules of Procedure VI. Meetings ARB shall meet on an "as needed" basis. The Chairperson shall have the authority to schedule a meeting of all or some ARB members. Meetings may be held for the purpose of: (i) consideration of a land use or development proposal; (ii) continued review and comment about a land use or development proposal which was not completely reviewed at a prior meeting; (iii) review and comment about a particular project which, in the discretion of the Chairperson, needs additional in -depth study; (iv) consideration of amendments to prior land use or development proposals; (v) initial development of and the on -going review, evaluation and recommendations regarding the Architectural & Site Design Guidelines for Ignition Park to the City of South Bend Redevelopment Commission; or (vi) discussing special matters to be brought before the City of South Bend Redevelopment Commission. The Chairperson shall cause a notice of the time and location of the meeting to be posted at least forty -eight (48) hours prior to the time of the meeting or otherwise in accordance with applicable law. Said notice shall be posted outside the office of the South Bend Department of Community and Economic Development. VII. Agenda In the event of multiple agenda items, the agenda for meetings of ARB shall generally follow the order in which requests for consideration have been filed. At meetings in which an agenda is utilized, a copy of the agenda shall be posted at the entrance to the location of the meeting prior to commencement of the meeting. VIII. Meetings Open to the Public ARB meetings are open to the public for the purposes of observation. ARB meetings are not public hearings. The Chairperson, in its discretion or on the advice of ARB members, may invite comment from the Applicant or other interested parties. Such comment shall be limited to providing responses to the specific issues or questions set forth for discussion by the Chairperson or an ARB member. The Chairperson is hereby authorized to invite additional experts, consultants or representatives of affected governmental agencies as may be needed from time to time to review a land use or development proposal and provide a report to the ARB. The Chairperson shall maintain order and decorum during all proceedings. If comments or testimony being provided by an Applicant or an interested party is redundant of a prior comment or not addressing the specific issue or question set forth for discussion by the Chairperson or an ARB member, the Chairperson shall have the right to limit such comment or testimony. ARB -3 City of South Bend Ignition Park Architectural Review Board, Rules of Procedure IX. Minutes The Chairperson, or its designee, shall maintain minutes of the relevant discussion topics and recommendations of the ARB members. Such minutes shall be approved by the ARB and maintained as a part of the permanent record of the application, proposal or special matter being discussed. The Chairperson shall provide an informational summary report of ARB comments and recommendations to the Redevelopment Commission on any application considered by the ARB. X. Amendments Amendments to these Rules of Procedure shall be made by the City of South Bend Redevelopment Commission upon the affirmative vote of a majority of the members of the Redevelopment Commission. XI. Adoption The foregoing Rules of Procedure of the Ignition Park Architectural Review Board for the City of South Bend, Indiana, were adopted by the affirmative vote of the members of the City of South Bend Redevelopment Commission on the day of March, 2011, with an effective date of the 1 St day of April, 2011. City of South Bend Redevelopment Commission Marcia I. Jones, President Nancy King, Secretary ARB -4 City of South Bend