HomeMy WebLinkAbout04-28-2025 Agenda PacketOFFICE OF THE CITY CLERK
BIANCA L. TIRADO, CITY CLERK
INTEGRITY | SERVICE | ACCESSIBILITY
Matthew Neal Margaret Gotsch
DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS
EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT
455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov
MEMORANDUM
TO: MEMBERS OF THE COMMON COUNCIL
FROM: BIANCA L. TIRADO, CITY CLERK
DATE: THURSDAY, APRIL 24, 2025
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for Monday, April 28, 2025:
Council Chambers
4th Floor County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
The Council Chambers will be Open to the Public. Members of the Public may Attend this Meeting
Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/042825CC
4:15 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI
1.Bill No. 28-25 - Amending the Historic Preservation Ticket Surcharge for the
Morris Performing Arts Center
4:25 P.M. PUBLIC WORKS & PROPERTY VACATION CHAIRPERSON, NIEZGODSKI
1.Bill No. 23-25 - Amending Chapter 6, Article 9, of the South Bend Municipal Code
to Update the Regulations for Flood Damage Prevention
4:40 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, TOMAS MORGAN
1.Bill No. 26-25 - Amending Chapter 13, Article 4, Section 13-58; Chapter 2, Article
12, Section 2-142; and Chapter 13, Article 10, Section 13-96 of the South Bend
Municipal Code to Update the Regulations for Discharging Firearms
2.Bill No. 27-25 - Amending Chapter 13, Article 7, Section 13-81 of the South Bend
Municipal Code to Update the Ordinances Prohibiting Public Nuisance Noises
5:00 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WARNER
1.Bill No. 25-26 - Designating Resolution - Real Property Tax Abatement for Allen
Edwin Residential Builders, LLC
5:20 P.M. ZONING & ANNEXATION CHAIRPERSON, DR. OLIVER DAVIS
EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT
455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov
1. Bill No. 14-25 - Annexation of Two (2) Properties Located at the Intersection of
Edison Road and Sundown Road (24355 Edison Road) (Public Hearing Only)
2. Bill No. 25-24 - Resolution Adopting a Written Fiscal Plan and Establishing a
Policy for the Provision of Services to the Edison Sundown Annexation Area
Council President Canneth Lee has called an Informal Meeting of the Council which will commence
immediately after the adjournment of the Zoning & Annexation Committee Meeting.
INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, C. LEE
1. Discussion of Council Agenda
2. Update and Announcements
3. Adjournment
cc: Mayor James Mueller
Committee Meeting List
Media
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible
1
SOUTH BEND COMMON COUNCIL
M EETING A GENDA
Monday, April 28, 2025
7:00 P.M.
The South Bend Common Council meeting will be open to the public
at the Council Chambers on the 4th floor of the County-City Building, 227 W.
Jefferson Blvd., South Bend, IN 46601
or available by way of a virtual meeting using the Microsoft Teams Meeting
App. Public access to the meeting can be granted by this Microsoft Teams Link:
https://tinyurl.com/SBCC042825
1. INVOCATION
PASTOR JIM BAYER | GOSPEL CENTER MISSIONARY CHURCH
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES
APRIL 14, 2025
5. SPECIAL BUSINESS
6. REPORTS FROM CITY OFFICES
7. COMMITTEE OF THE WHOLE TIME:_____
BILL NO.
14-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING
WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND
LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH;
COUNCILMANIC DISTRICT NO. 1, NORTH OF THE INTERSECTION OF
EDISON ROAD AND SUNDOWN ROAD, SOUTH BEND, INDIANA (PUBLIC
HEARING ONLY)
2
23-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6,
ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE
REGULATIONS FOR FLOOD DAMAGE PREVENTION
26-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13,
ARTICLE 4, SECTION 13-58; CHAPTER 2, ARTICLE 12, SECTION 2-142;
AND CHAPTER 13, ARTICLE 10, SECTION 13-96 TO UPDATE THE
REGULATIONS FOR DISCHARGING FIREARMS
27-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13,
ARTICLE 7, SECTION 13-81 TO REPEAL THE ORDINANCE PROHIBITING
PUBLIC NUISANCE NOISES
28-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE HISTORIC
PRESERVATION TICKET SURCHARGE FOR THE MORRIS PERFORMING
ARTS CENTER
8. BILLS ON THIRD READING TIME:______
BILL NO.
23-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6,
ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE
REGULATIONS FOR FLOOD DAMAGE PREVENTION
26-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13,
ARTICLE 4, SECTION 13-58; CHAPTER 2, ARTICLE 12, SECTION 2-142;
AND CHAPTER 13, ARTICLE 10, SECTION 13-96 TO UPDATE THE
REGULATIONS FOR DISCHARGING FIREARMS
27-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13,
ARTICLE 7, SECTION 13-81 TO REPEAL THE ORDINANCE PROHIBITING
PUBLIC NUISANCE NOISES
28-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE HISTORIC
PRESERVATION TICKET SURCHARGE FOR THE MORRIS PERFORMING
ARTS CENTER
3
9. RESOLUTIONS
BILL NO.
25-24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN
ANNEXATION AREA IN GERMAN TOWNSHIP (EDISON SUNDOWN
ANNEXATION AREA)
25-26 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY KNOWN AS MULTIPLE PROPERTIES AN
ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR
(9) REAL PROPERTY TAX ABATEMENT FOR ALLEN EDWIN
RESIDENTIAL BUILDERS LLC
10. BILLS ON FIRST READING
BILL NO.
29-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED 1144 SORIN STREET AND 1148
SORIN STREET COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH
BEND, INDIANA
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT TIME: _________
Notice for Hearing and Sight Impaired Persons
Auxiliary Aid Or Other Services Are Available Upon Request At No Charge.
Please Give Reasonable Advance Request When Possible.
In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated
into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City
Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English
version. Any discrepancies which may be created in the translation are not binding. Such translations do not create any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana.
2025 COMMON COUNCIL STANDING COMMITTEES (Rev. 03-10-2025)
COMMUNITY INVESTMENT COMMITTEE
Oversees the various activities of the Department of Community Investment. This Committee reviews all
real and personal tax abatement requests and works closely with the Business Development Team.
Troy Warner, Chairperson Sherry Bolden-Simpson, Member
Karen L. White, Vice-Chairperson Thomas Gryp, Citizen Member
Ophelia Gooden-Rodgers., Member Kaine Kanczuzewski, Citizen Member
COMMUNITY RELATIONS COMMITTEE
Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood
Development, and Community Resources Teams within the City’s Department of CI and is charged with
facilitating partnerships and ongoing communications with other public and private entities operating within
the City.
Ophelia Gooden-Rodgers, Chairperson Sheila Niezgodski, Member
Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member
Citizen Member
COUNCIL RULES COMMITTEE
Oversees the regulations governing the overall operation of the Common Council, as well as all matters of
public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code.
Canneth Lee, Member Troy Warner, Member
Rachel Tomas Morgan, Member
HEALTH AND PUBLIC SAFETY COMMITTEE
Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code
Enforcement, ordinance violations, and related health and public safety matters.
Rachel Tomas Morgan, Chairperson Sharon McBride, Member
Troy Warner, Vice-Chairperson Dr. Oliver Davis, Member
Sheila Niezgodski, Member Citizen Member
Citizen Member
INFORMATION AND TECHNOLOGY COMMITTEE- Innovation
Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of
Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge
of developments in this area. Reviewing and proposing upgrades to computer systems and web sites,
developing availability and access to GIS data and related technologies are just some of its many activities.
Rachel Tomas Morgan, Chairperson Sharon McBride, Member
Sherry Bolden-Simpson, Vice-Chairperson Citizen Member
Dr. Oliver Davis, Member Citizen Member
PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment)
Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium,
Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art,
Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by
the Department of Venues Parks and Arts.
Sharon L. McBride, Chairperson Ophelia Gooden-Rogers, Member
Karen L. White, Vice- Chairperson Troy Warner, Member
Citizen Member
PERSONNEL AND FINANCE COMMITTEE
Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed
salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and
related matters.
Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member
Karen L. White, Vice-Chairperson Rachel Tomas Morgan, Member
PUBLIC WORKS AND PROPERTY VACATION COMMITTEE
Oversees the various activities performed by the Building Department, the Department of Public Works and
related public works and property vacation issues.
Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member
Ophelia Gooden-Rodgers, Vice-Chairperson Troy Warner, Member
Carl Littrell, Citizen Member Jason Piontek, Citizen Member
RESIDENTIAL NEIGHBORHOODS COMMITTEE
Oversees the various activities and issues related to neighborhood development and enhancement.
Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member
Sheila Niezgodski, Vice-Chairperson Sharon McBride, Member
Gabriel Murei, Citizen Member
UTILITIES COMMITTEE
Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau
of Sewers, and all related matters.
Sherry Bolden-Simpson, Chairperson Sheila Niezgodski, Member
Dr. Oliver Davis, Vice-Chairperson Ophelia Gooden-Rodgers, Member
Firdia Johnson, Citizen Member Joseph Mayer, Citizen Member
ZONING AND ANNEXATION COMMITTEE
Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan
Commission and the Historic Preservation Commission, as well as all related matters addressing annexation
and zoning.
Dr. Oliver Davis, Chairperson Troy Warner, Member
Rachel Tomas Morgan, Vice-Chairperson Karen L. White, Member
Henry Davis Jr., Citizen Member Stacey Odom, Citizen Member
________________
SUB-COMMITTEE ON MINUTES
Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings
of the Common Council and makes a recommendation on their approval/modification to the Council.
Troy Warner, Member Sherry Bolden-Simpson, Member
2025 COMMON COUNCIL STANDING COMMITTEES (Rev.03-10-2025)
CANNETH LEE, 1ST District Council Member
President
Council Rules Committee, Member
OPHELIA GOODEN-RODGERS, 2nd District Council Member
Community Relations Committee, Chairperson
Public Works & Property Vacation Committee, Vice-Chairperson
Community Investment Committee, Member PARC Committee, Member
Residential Neighborhoods Committee, Member Utilities Committee, Member
SHARON L. MCBRIDE, 3rd District Council Member
PARC Committee, Chairperson Residential Neighborhoods Committee, Member
Health & Public Safety Committee, Member Information & Technology Committee, Member
TROY WARNER, 4TH District Council Member
Chairperson, Committee of the Whole
Community Investment Committee, Chairperson Health and Public Safety, Vice-Chairperson
Council Rules Committee, Member Public Works & Property Vacation, Member
PARC Committee, Member Sub-Committee on the Minutes, Member
Zoning & Annexation Committee, Member
SHERRY BOLDEN-SIMPSON, 5TH District Council Member
Utilities Committee, Chairperson Community Relations Committee, Member
Information & Technology, Vice-Chairperson Community Investment Committee, Member
Sub-Committee on Minutes, Member
SHEILA NIEZGODSKI, 6TH District Council Member
Personnel & Finance Committee, Chairperson
Public Works & Property Vacation, Chairperson Health & Public Safety Committee, Member
Residential Neighborhoods Committee, Vice-Chairperson Community Relations Committee, Member
Utilities Committee, Member
DR. OLIVER DAVIS, AT LARGE Council Member
Zoning & Annexation Committee, Chairperson Public Works & Property Vacation Committee, Member
Utilities Committee, Vice-Chairperson Information & Technology Committee, Member
Personnel & Finance Committee, Member Health & Public Safety Committee, Member
RACHEL TOMAS MORGAN, AT LARGE Council Member
Vice-President
Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member
Information & Technology Committee, Chairperson
Zoning & Annexation Committee, Vice-Chairperson
Council Rules Committee, Member
KAREN L. WHITE, AT LARGE Council Member
Residential Neighborhoods Committee, Chairperson Personnel & Finance Committee, Vice-Chairperson
Community Investment Committee, Vice-Chairperson Zoning & Annexation Committee, Member
Community Relations Committee, Vice-Chairperson PARC Committee, Vice-Chairperson
Filed in Clerk's Office
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Bianca TiradorEnc;E:- City Clerk, South Bend, IN
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1865
CITY OF SOUTH BEND
COMV U \ ITY I \VESTVENT
March 4, 2025
Canneth Lee, President
South Bend Common Council
4th Floor,County-City Building
RE: Edison Sundown Annexation Area-24355 Edison Road
Dear President Lee:
Attached is an Ordinance for the proposed annexation at the above referenced location.
Please include this Ordinance on the Council agenda for first reading at the March 10,
2025, Council meeting; for second reading at the April 28, 2025, Council meeting; and
for third reading at the May 12, 2025, Council meeting. Per the provisions of Section 21-
01.02(g)of the South Bend Municipal Code,the property would automatically be zoned
to I Industrial District upon annexation without needing a public hearing before the South
Bend Plan Commission.
The petitioner provided the following to describe the proposed project:
Annexation of an I-Industrial parcel in St. Joseph County into the City of
South Bend as I Industrial.
If you have any questions, please feel free to contact me at(574)235-7625. Thank you.
Sincerely,
4/1......----
Amani Morrell
Principal Development Planner
cc: Bob Palmer,Attorney, Common Council
EXCELLENCE j ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
1400S County-City Building 227 W.Jefferson Bvld. South Bend,Indiana 46601 p 574.235.9371 wwwsouthbendin.gov
14-25
PUBLIC HEARING ONLY
Filed in Clerk's Office
BILL NO. 14-25
MAR 0 2025
Bianca Tirado
ORDINANCE NO.City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH
BEND, INDIANA, CERTAIN LAND LOCATED IN GERMAN TOWNSHIP,
CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1,NORTH OF THE
INTERSECTION OF EDISON ROAD AND SUNDOWN ROAD, SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioner desires to annex two properties at the intersection of Edison Road and Sundown
Road(24355 Edison Road); the properties would be automatically zoned to I Industrial District in
South Bend.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. That the following described real estate is situated in St. Joseph County,
Indiana, being contiguous by more than one-eighth (1/8) of its aggregate external boundaries with
the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and
brought within the City of South Bend:
A Part of the Southeast Quarter of Section 31, Township 38 North, Range 2 East, German
Township, St. Joseph County, Indiana, and being all of Lot 1 as said lot is known and designated
on the Recorded Plat of I.P.C. Minor Subdivision, Recorded in Plat Book 28, Page 1, in the St.
Joseph County Recorder's Office; and also being a portion of lands conveyed to the State of
Indiana as described in Deed Record 688, Page 223, in said Recorder's Office; and also being all
of that land conveyed to State of Indiana as described in Instrument Number 2021-13765; and a
Part of the Northeast Quarter of Section 6, Township 37 North, Range 2 East, Portage Township,
St. Joseph County, Indiana,more particularly described as follows:
Beginning at the Northeast Corner of said Lot 1; Thence Westerly, along the North Line of said
Lot 1 and said Line Extended, a distance of 679 Feet, more or less, to the West Line of the
Limited Access Right of Way of the US 20/US 31 Bypass (aka, St. Joseph Valley Parkway);
Thence Southerly, along the Westerly Line of said Right of Way, 267 Feet, more or less, to the
Northeast Corner of said State of Indiana Land-Instrument Number 2021-13765; Thence
Westerly, along the North Line of said land, 50 Feet; Thence Southerly, along the West Line of
said land, 50 Feet; Thence Easterly, along the South Line of said land, 50 Feet, more or less, to
the Aforementioned West Line of the US 20/US 31 Bypass; Thence Continuing Southerly,
along said West Line and said West Line Extended 236 Feet, more or less, to the North Line of
Voght's Edison Road Second Addition, Recorded in Plat Book 17, Page V-2, in said Recorder's
Office; Thence Easterly, along the North Line of said Voght's Edison Road Second Addition
and the North Line of Voght's Edison Road Third Addition, Recorded in Plat Book 17 Page V-1,
a distance of 720 Feet, more or less, to a point lying on the Southerly Extension of the East Line
of said Lot 1; Thence Northerly, along said Extended Line and the East Line of said Lot 1, a
distance of 553 Feet, more or less to the Point of Beginning;
Containing 8.9 acres,more or less.
SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are
hereby declared to be extended so as to include the real estate of the above-described parcel as part
of the City of South Bend, Indiana.
SECTION III. Ordinance No. 10689-19, as amended, which ordinance is commonly
known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby
amended in order that the zoning classification of the above described real estate, with the
exception of all adjacent rights-of-way, in the City of South Bend, St. Joseph County, State of
Indiana be and the same is hereby established as I Industrial District,per the provisions of Section
21-01.02(g) of the South Bend Municipal Code.
SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its
passage by the Common Council, approval by the Mayor, and legal publication.
Canneth Lee, Council President
South Bend Common Council
Attest:
Bianca Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2025, at
o'clock . m.
Bianca Tirado, City Clerk
Office of the City Clerk
2 -
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
3 -
1SpUT/
Department of
Community Investment
865 ,.
Filed in Clerk's Office
Memorandum
Monday, February 24,2025 FEB 2
TO: Derek Erquhart, Fire Bianca Tirado
Kara Boyles, Engineering City Clerk, South Bend, IN
Timothy Lancaster and Joseph Leszczynski, Police
Kari Myers, Community Investment-Zoning
Tom Panowicz, Legal
Kelly Smith, Solid Waste
Kenisha Wells, Neighborhood Services & Enforcement
Kyle Willis,Administration & Finance
FROM: Amani Morrell, Principal Development Planner
SUBJECT: Request for Service Reports
Edison Sundown Annexation Area
100%Voluntary Annexation of Contiguous Property)
A petition for voluntary annexation of the Edison Sundown Annexation Area has been submitted to
the City and will receive First Reading by the Common Council on Monday, March 10, 2025.
The proposed Annexation Area consists of two parcels and adjacent right-of-way totaling about 9
acres and is located north of the intersection of Edison Road and Sundown Road.Two buildings
totaling 43,000 square feet currently exist on the site and are zoned I-Industrial in the County. With
the annexation,the petitioner seeks zoning of I Industrial to utilize the site for warehousing and to
construct a 13,000 square foot addition.
Please complete the Service Report addressing how your Department will or can provide City
services to the proposed Annexation Area, and return it to me by March 10,2025. This deadline
must be met so that the Legal Department can prepare the necessary resolutions in time to be
considered by the Board of Public Works. A fact sheet, map, and an annexation schedule are
attached to assist you in your review.
If you have any questions, please contact me at(574) 235-7625 or amorrell@southbendin.gov.
cc:Mayor James Mueller
Allie Dolz-Lane, Chief of Staff, Office of the Mayor
Bob Palmer,Attorney for the Common Council
Caleb Bauer, Executive Director, Community Investment
Tim Corcoran, Director of Planning, Community Investment
Bianca Tirado, City Clerk
Staff, City Clerk
Robert Kruszynski, County Surveyor
227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV
SERVICE REPORT CHECK LIST
Department of Law: 1) legal concerns, if any (if none, no report is required)
Public Works: 1) location, size, and capacity of water line(s)
2) listing of properties connected to water line(s)
3) location, size, and capacity of sewer line(s)
4) listing of properties connected to sewer line(s)
5) any public improvements required or suggested, such as street
signs, street lighting, pavement upgrade, storm drainage
6) cost, timing, and source of funds for providing those
improvements (within 1 year for non-capital items and 3 years
for capital items)
7) a listing of properties covered by waivers
Police Department: 1) Police Beat to be assigned
2) cost, timing, and source of funds of providing any improvements
3) whether comparable response time can be maintained
Fire Department: 1) primary and secondary fire stations to be assigned
2) cost, timing, and source of funds of providing any improvements
3) whether comparable response time can be maintained
Neighborhood 1) Inspector Area to be assigned
Services: 2) whether comparable response time can be maintained
Zoning: 1) current zoning of property
2) anticipated/required zoning
3) compatibility of land uses relative to city zoning
4) copies of recorded subdivision plats, if any
Admin/Finance: 1) (no report necessary for this annexation)
Solid Waste: 1) capacity to provide solid waste service
2) cost to owner of service
3) when service can begin
County Surveyor:1) verify accuracy of legal description
INITIAL REVIEW FACT SHEET 100%VOLUNTARY ANNEXATION
Edison Sundown Annexation Area German Township Prepared February 2025
A. Annexation Criteria (Minimum) Analysis Criteria Met?
1. Contiguity: At least 1/8 (12.5%) 46.0% Yes
and
2. 100% of owners signed petition 100% Yes
and
3. a. essential City services are/can be provided Yes
b. City is able to provide services Yes
c. territory is contiguous Yes
B. General
Location: North of the intersection of Edison Road and Sundown Road
Address: 24355 Edison Road
Tax Key Number(s): 004-1021-036803 and 004-1021-036804
Subdivision(s) of Record: I.P.0 Minor Subdivision
Acres: 9.0
Current Net Assessment: $414,700
Current Population: 0
Proposed Population: 0
Current Land Use: Industrial: Light Manufacturing and Assembly
Proposed Land Use: Industrial: Warehousing
Current Zoning: I Industrial District, St. Joseph County
Proposed Zoning: I Industrial District, City of South Bend
Council District: 1st Council District
Scheduled Effective Date: June 22nd, 2025
Comments: The proposed Annexation Area includes the adjacent Edison
Road and US 20 Highway rights-of-way
Map
Edison Sundown Annexation Area
rt
a
J
EDISON RD
a —1 1 fal
Edison Sundown Annexation Area City of South Bend
Prepared by the South Bend Department of Community Investment February 24,2025
Legal Description
Lot 1 in I.P.0 Minor Subdivision, Recorded in Plat Book 28 Page 1, in the Office of the
Recorder of St. Joseph County, Indiana.
Containing 9 acres, more or less, and being subject to all rights-of-way, covenants,
easements, and restrictions of record.
Proposed Schedule for Edison Sundown Annexation Area
File Date 3/5/25
1st Reading 3/10/25
Service Report Request 2/24/25
Service Report Due 3/10/25
Fiscal Plan Done 3/24/25
BPW Agenda Session 4/3/25
BPW Hearing 4/8/25
BPS N/A
PC Public Hearing N/A
Council Advertisement 4/4/25
FP Resolution to Clerk 4/23/25
2nd Reading 4/28/25
3rd Reading 5/12/25
Advertised 5/23/25
Appeal Period Start 5/23/25
Appeal Period End 6/22/25
®ST. JOSEPH COUNTY CITY OF SOUTH BE
BUILDING DEPARTMENT
March 31, 2025
Honorable Sheila Niezgodski
4th Floor, County-City Building
South Bend, IN 46601
RE: Floodplain Ordinance
Dear Committee Chair Niezgodski:
Filed in Clerk's Office
')
Bianca Tirado
City Clerk, South Bend, IN
Enclosed is an updated Floodplain Ordinance purposed to replace the existing Floodplain Ordinance.
The update of the existing Ordinance is a requirement by the Federal Emergency Management Agency
and the Indiana Department of Natural Resources Division of Water. The Ordinance allows our
municipality to participate in the National Flood Insurance Program, providing low-cost flood insurance
for our citiz ens. This Ordinance provides guidance and processes for floodplain management, reducing
the impact of flooding on private and public properties. This Ordinance has been adopted by several
other governmental units within St Joseph County including St Joseph County. Please place this
Ordinance on the Council Agenda for first reading at your April 14, 2025 meeting and set it for public
hearing, 2 nd , and 3 rd reading at your April 28, 2025 meeting.
The full ordinance is attached for your reference.
If you have any questions, please feel free to contact my office. Sincerely,
Randy L James
Building Commissioner
CC: Bob Palmer
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
125 S. Lafayette Blvd. Suite 100 South Bend. Indiana 46601 p 574.235.9554 f 574.235.5541 I www.southbendin.gov
23-25
Filed in Clerk's Office
BILL NO. 23-25 Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 6,ARTICLE 9 OF THE SOUTH BEND
MUNICIPAL CODE TO UPDATE THE REGULATIONS FOR FLOOD DAMAGE
PREVENTION
STATEMENT OF PURPOSE AND INTENT
Chapter 6, Article 9 of the South Bend Municipal Code provides the regulations for flood
damage prevention within the City of South Bend.
The Indiana Department of Natural Resources ("IDNR"), has developed a model
floodplain ordinance for adoption by municipalities participating in the National Flood Insurance
Program ("NFIP") in connection with the Federal Emergency Management Agency("FEMA").
The tailored language of this proposed ordinance has been approved by the Indiana
Department of Natural Resources. Following adoption of this ordinance,the ordinance will be sent
to IDNR for submission to FEMA in connection with the National Flood Insurance program.
This proposed ordinance provides a more comprehensive regulatory framework by
detailing broader public safety goals, such as preserving flood storage and minimizing flood-
related economic losses.
The proposed ordinance also expands on key definitions and includes provisions for critical
facilities such as hospitals and emergency services.
The proposed ordinance incorporates detailed enforcement provisions, emphasizing
proactive flood risk mitigation. The proposed ordinance also introduces a formal appeals process,
specifying evaluation criteria and ensuring alignment with FEMA floodplain management
standards.
The proposed ordinance, as a whole,provides a more detailed, structured, and enforceable
framework for managing flood risks.
This ordinance amendment is necessary for the effective, efficient administration of the
City's enforcement and regulation of the floodplain. This ordinance is in the best interest of the
City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Chapter 6, Article 9 shall be amended to read in its entirety as follows:
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FLOODPLAIN CODE
Sec. 6-38.1. —Statutory Authorization, Findings of Fact, Purpose, and Methods
1) Statutory Authorization
The Indiana Legislature has in IC 36-1-4-11 granted the power to local government units
to control land use within their jurisdictions. Therefore, the Common Council of the City
of South Bend hereby adopts the following floodplain management regulations.
2) Findings of Fact
The flood hazard areas of St. Joseph County within the city limits of the City of South
Bend, herein after referred to as the City, are subject to periodic inundation which results
in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief,
and impairment of the tax base,all of which adversely affect the public health, safety,and
general welfare. Additionally, structures that are inadequately elevated, floodproofed, or
otherwise protected from flood damage also contribute to the flood loss. In order to
minimize the threat of such damages and to achieve the purposes hereinafter set forth,these
regulations are adopted.
3) Statement of Purpose
It is the purpose of this ordinance to promote the public health,safety, and general welfare
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
a) Protect human life and health.
b) Minimize expenditure of public money for costly flood control projects.
c) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public.
d) Minimize prolonged business interruptions.
e) 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) 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.
g) Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
h) Minimize the impact of development on adjacent properties within and near flood
prone areas.
i) Ensure that the flood storage and conveyance functions of the floodplain are
maintained.
j) Minimize the impact of development on the natural, beneficial values of the
floodplain.
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k) Prevent floodplain uses that are either hazardous or environmentally incompatible.
1) Meet community participation requirements of the National Flood Insurance
Program.
4) Methods of Reducing Flood Loss
In order to accomplish its purposes,these regulations include methods and provisions for:
a) Restricting or prohibiting uses which are dangerous to health, safety,and property
due to water hazards, or which result in damaging increases in flood heights or
velocities.
b) Requiring that uses vulnerable to floods, including facilities, which serve such
uses,be protected against flood damage at the time of initial construction.
c) Controlling the alteration of natural floodplains, stream channels, and natural
protective barriers,which help accommodate or channel flood waters.
d) Controlling filling, grading, dredging, excavating, and other development which
may increase flood damage.
e) Preventing or regulating the construction of flood barriers, which will unnaturally
divert floodwaters, or which may increase flood hazards in other areas.
Sec.6-38.2.—Definitions
Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to
give them meaning they have in common usage and to give these regulations the most reasonable
application.
1) Accessory Structure means a structure with a floor area of 400 square feet or less that is
on the same parcel of property as a principal structure and the use of which is incidental to
the use of the principal structure; an accessory structure specifically excludes structures
used for human habitation.
a) Accessory structures are considered walled and roofed where the structure includes
at least two outside rigid walls and a fully secured roof
b) Examples of accessory structures include but are not necessarily limited to two-car
detached garages (or smaller), carports, storage and tool sheds, and small
boathouses.
c) The following may have uses that are incidental or accessory to the principal
structure on a parcel but are generally not considered to be accessory structures by
the NFIP:
i) Structures in which any portion is used for human habitation, whether
as a permanent residence or as temporary or seasonal living quarters,
such as a detached garage or carriage house that includes an apartment
or guest quarters, or a detached guest house on the same parcel as a
principal residence.
ii) Structures used by the public, such as a place of employment or
entertainment.
iii)Development that does not meet the NFIP definition of a structure for
floodplain management purposes. Examples includes, but are not
necessarily limited to, a gazebo,pavilion,picnic shelter, or carport that
is open on all sides(roofed but not walled).
2) Addition(to an existing structure)means any walled and roofed expansion to the perimeter
of a structure in which the addition is connected by a common load-bearing wall other than
a firewall. Any walled and roofed addition,which is connected by a firewall or is separated
by independent perimeter load-bearing walls, is new construction.
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3) Aerator means a mechanical device placed within a public freshwater lake that is used to
accomplish any of the following:
a) Increase the amount of dissolved oxygen in the water.
b) Increase the decomposition of organic materials.
c) Alter water flow or circulation.
d) Reduce icing.
e) Enhance audio or visual enjoyment by bubbling or spraying water
4) Alteration of a watercourse means a dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-sectional area of the channel or the
channel capacity, or any other modification which may alter,impede, retard or change the
direction and/or velocity of the flow of water during conditions of the base flood.
5) Appeal means a request for a review of the floodplain administrator's interpretation of any
provision of this ordinance,a request for a variance, or a challenge of a board decision.
6) Area of special flood hazard means the land within a community subject to a one percent
1%)or greater chance of being flooded in any given year.
7) Base flood means the flood having a one percent(1%)chance of being equaled or exceeded
in any given year. The base flood may also be referred to as the 1% annual chance flood
or one hundred(100)year flood.
8) Base Flood Elevation (BFE) means the water surface elevation of the base flood in
relation to a specified datum,usually the North American Vertical Datum of 1988.
9) Basement means that portion of a structure having its floor sub-grade(below ground level)
on all sides.
10) Best Available Flood Layer (BAFL) means floodplain studies and any corresponding
floodplain maps prepared and/or approved by the Indiana Department of Natural
Resources which provide base flood elevation information, floodplain limits, and/or
floodway delineations for flood hazards identified by approximate studies on the currently
effective FIRM (Zone A) and/or for waterways where the flood hazard is not identified
on available floodplain mapping.
11) Building—See"Structure."
12) Community means a political entity that has the authority to adopt and enforce floodplain
ordinances for the areas within its jurisdiction.
13) Critical facility means a facility for which even a slight chance of flooding might be too
great. Critical facilities include,but are not limited to, schools,nursing homes,hospitals,
police, fire,and emergency response installations,and installations which produce,use or
store hazardous materials or hazardous waste.
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14) Development means, for floodplain management purposes, 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 a recreational vehicle on a site for more than 180 days;
c) installing utilities, erection of walls and fences, construction of roads, or similar
projects;
d) construction of flood control structures such as levees, dikes, dams, channel
improvements, etc.;
e) mining, dredging, filling, grading, excavation, or drilling operations;
f) construction and/or reconstruction of boat lifts,docks,piers, and seawalls;
g) construction and/or reconstruction of bridges or culverts;
h) storage of materials; or
i) any other activity that might change the direction, height, or velocity of flood or
surface waters.
Development"does not include activities such as the maintenance of existing structures
and facilities such as painting; re-roofing; resurfacing roads; or, gardening,plowing, and
similar agricultural practices that do not involve filling, grading, excavation, or the
construction of permanent structures.
15) Dry hydrant means a structure that does both of the following:
a) Extends lakeward of the legally established or average normal waterline or
shoreline.
b) Provides a means of suction water supply without direct drafting for fire protection.
16) Elevation Certificate means a FEMA form that is routinely reviewed and approved by
the White House Office of Management and Budget under the Paperwork Reduction Act,
that is encouraged to be used to collect certified elevation information.
17) Enclosed area (enclosure)is an area of a structure enclosed by walls on all sides.
18) Enclosure below the lowest floor. See"Lowest Floor"and"Enclosed Area."
19) Existing manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed(including,at a minimum,the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the community's first floodplain ordinance.
20) Expansion to an existing manufactured home park or subdivision means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed(including the installation of utilities,the
construction of streets, and either final site grading or the pouring of concrete pads).
21) FEMA means the Federal Emergency Management Agency.
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22) Fill for floodplain management purposes,means any material deposited or placed which
has the effect of raising the level of the ground surface above the natural grade elevation.
Fill material includes but is not limited to consolidated material such as concrete and brick
and unconsolidated material such as soil, sand, gravel,and stone.
23) Flood or Flooding means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
a) The overflow of inland or tidal waters.
b) The unusual and rapid accumulation or runoff of surface waters from any source.
c) Mudslides(i.e.,mudflows)which are proximately caused by flooding and are akin
to a river of liquid and flowing mud on the surfaces of normally dry land areas,as
when earth is carried by a current of water and deposited along the path of the
current.
Flood or flooding also includes the collapse or subsidence of land along the shore of a
lake or similar body of water as a result of erosion or undermining caused by waves or
current of water exceeding anticipated cyclical levels that result in a flood as defined
above.
24) Flood hazard area means areas subject to the one percent(1%)annual chance flood.(See
Special Flood Hazard Area")
25) Flood Insurance Rate Map (FIRM) means an official map of a community, on which
FEMA has delineated both the areas of special flood hazard and the risk premium zones
applicable to the community. A FIRM that has been made available digitally is called a
Digital Flood Insurance Rate Map(DFIRM).
26) Flood Insurance Study (FIS) means the official hydraulic and hydrologic report
provided by FEMA. The report contains flood profiles,as well as the FIRM 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"Floodplain")
28) Flood Protection Grade(FPG) is the BFE plus two (2) feet at any given location in the
SFHA. (See"Freeboard")
29) Flood-related erosion means the collapse or subsidence of land along the shore of a lake
or other body of water as a result of undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly caused by an unusually high water level
in a natural body of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as a flash flood or an abnormal tidal surge or by some similarly unusual
and unforeseeable event which results in flooding.
30) Floodplain or flood prone area means any land area susceptible to being inundated by
water from any source. (See"Flood")
31) Floodplain management means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where
possible, natural resources in the floodplain, including but not limited to emergency
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preparedness plans, flood control works, floodplain management regulations, and open
space plans.
32) Floodplain management regulations means zoning ordinances,subdivision regulations,
building codes, health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance), and other applications of
police power which control development in flood-prone areas. The term describes such
state or local regulations in any combination thereof, which provide standards for the
purpose of flood damage prevention and reduction.
33) Floodproofing(dry floodproofing)is a method of protecting a structure that ensures that
the structure, together with attendant utilities and sanitary facilities, is watertight to the
floodproofed design elevation with walls that are substantially impermeable to the passage
of water. All structural components of these walls are capable of resisting hydrostatic and
hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris
impact forces.
34) Floodproofing certificate is a form used to certify compliance for non-residential
structures as an alternative to elevating structures to or above the FPG.
35) Floodway is the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulative increasing the
water surface elevation more than a designated height.
36) Freeboard means a factor of safety, usually expressed in feet above the BFE, which is
applied for the purposes of floodplain management. It is used to compensate for the many
unknown factors that could contribute to flood heights greater than those calculated for
the base flood.
37) Fringe or Flood Fringe is the portion of the floodplain lying outside the floodway.
38) Functionally dependent use means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only
docking facilities,port facilities that are necessary for the loading and unloading of cargo
or passengers, and ship building and ship repair facilities,but does not include long-term
storage or related manufacturing facilities.
39) Glacial stone means a rounded stone that satisfies each of the following:
a) Was produced by glacial activity.
b) No individual stone weighs more than one hundred twenty(120)pounds.
c) At least ninety percent (90%) of the material passes through a twelve (12) inch
sieve.
d) Not more than ten percent(10%)of the material passes through a six(6)inch sieve.
40) Hardship(as related to variances of this ordinance) means the exceptional hardship that
would result from a failure to grant the requested variance. The hardship must be
exceptional,unusual, and peculiar to the property involved. Mere economic or fmancial
hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physical
handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot,
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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.
41) 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.
42) Historic structure means any structure that is:
a) individually in the National Register of Historic Places(a listing maintained by the
Department of the Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
b) certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic district;
c) individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior;
or
d) individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified by (a) an approved state
program as determined by the Secretary of Interior,or(b)directly by the Secretary
of Interior in states without approved programs.
43) Hydrologic and hydraulic engineering analysis means analyses performed by a
professional engineer licensed by the State of Indiana, in accordance with standard
engineering practices that are accepted by the Indiana Department of Natural Resources
and FEMA, used to determine the base flood, other frequency floods, flood elevations,
floodway information and boundaries, and flood profiles.
44) International Code Council-Evaluation Service(ICC-ES)Report means a document
that presents the findings, conclusions, and recommendations from a particular
evaluation. ICC-ES reports provide information about what code requirements or
acceptance criteria were used to evaluate a product, and how the product should be
identified, installed.
45) Letter of Final Determination (LFD) means a letter issued by FEMA during the
mapping update process which establishes final elevations and provides the new flood
map and flood study to the community. The LFD initiates the six-month adoption period.
The community must adopt or amend its floodplain management regulations during this
six-month period unless the community has previously incorporated an automatic
adoption clause.
46) Letter of Map Change (LOMC) is a general term used to refer to the several types of
revisions and amendments to FEMA maps that can be accomplished by letter. They are
broken down into the following categories:
a) Conditional Letter of Map Revision (CLOMR)means FEMA's comment on a
proposed project that would,upon construction,result in modification of the SFHA
through the placement of fill outside the existing regulatory floodway.
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b) Conditional Letter of Map Revision Based on Fill(CLOMR-F)means a letter
from FEMA stating that a proposed structure that will be elevated by fill would
not be inundated by the base flood.
c) Letter of Map Amendment (LOMA) means an amendment by letter to the
currently effective FEMA map that establishes that a building or area of land is not
located in a SFHA through the submittal of property specific elevation data. A
LOMA is only issued by FEMA.
d) Letter of Map Amendment Out as Shown (LOMA-OAS) means an official
determination by FEMA that states the property or building is correctly shown
outside the SFHA as shown on an effective NFIP map. Therefore, the mandatory
flood insurance requirement does not apply. An out-as-shown determination does
not require elevations.
e) Letter of Map Revision (LOMR) means an official revision to the currently
effective FEMA map.It is issued by FEMA and changes flood zones,delineations,
and elevations.
f) Letter of Map Revision Based on Fill(LOMR-F)means FEMA's modification
of the SFHA shown on the FIRM based on the placement of fill outside the existing
regulatory floodway.
47) Lowest adjacent grade means the lowest elevation, after completion of construction, of
the ground, sidewalk,patio,deck support, or basement entryway immediately next to the
structure.
48) Lowest floor means,for floodplain management purposes,the lowest elevation described
among the following:
a) The lowest floor of a building.
b) The basement floor.
c) The garage floor if the garage is connected to the building.
d) The first floor of a structure elevated on pilings or pillars.
e) 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 floodwaters.
Designs for meeting the flood opening requirement must either be certified by a
registered professional engineer or architect or meet or exceed the following
criteria:
i) The walls are designed to automatically equalize the hydrostatic flood
forces on the walls by allowing for the entry and exit of floodwaters.
ii) At least two(2)openings are designed and maintained for the entry and
exit of floodwater;and these openings provide a total net area of at least
one(1) square inch for every one(1) square foot of enclosed area. The
bottom of all such openings shall be no higher than one (1) foot above
the exterior grade or the interior grade immediately beneath each
opening,whichever is higher. Doorways and windows do not qualify as
openings.
f) The first floor of a building elevated on pilings or columns in a coastal high hazard
area(as that term is defined in 44 CFR 59.1),as long as it meets the requirements
of 44 CFR 60.3.
49) Manufactured home means a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent
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foundation when attached to the required utilities. The term "manufactured home" does
not include a"recreational vehicle."
50) Manufactured home park or subdivision means a parcel(or contiguous parcels)of land
divided into two or more manufactured home lots for rent or sale.
51) 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 twofold: to
protect people and structures,and to minimize the cost of disaster response and recovery.
52) Natural grade for floodplain management purposes means the elevation of the
undisturbed natural surface of the ground. Fill placed prior to the date of the initial
identification of the flood hazard on a FEMA map is also considered natural grade.
53) New construction for floodplain management purposes means any structure for which
the "start of construction" commenced on or after the effective date of a floodplain
management regulations adopted by a community and includes any subsequent
improvements to such structures.
54) New manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed(including at a minimum,the installation of utilities,
the construction of streets,and either final site grading or the pouring of concrete pads)is
completed on or after the effective date of the community's first floodplain ordinance.
55) North American Vertical Datum of 1988 (NAVD 88) as adopted in 1993 is a vertical
control datum used as a reference for establishing varying elevations within the
floodplain.
56) Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in,
along,across or projecting into any watercourse which may alter,impede,retard or change
the direction and/or velocity of the flow of water; or due to its location, its propensity to
snare or collect debris carried by the flow of water, or its likelihood of being carried
downstream.
57) One-percent annual chance flood is the flood that has a one percent (1%) chance of
being equaled or exceeded in any given year. See"Regulatory Flood".
58) Physical Map Revision(PMR)is an official republication of a community's FEMA map
to effect changes to base (one-percent annual chance) flood elevations, floodplain
boundary delineations, regulatory floodways, and planimetric features. These changes
typically occur as a result of structural works or improvements, annexations resulting in
additional flood hazard areas, or correction to base flood elevations or SFHAs.
59) Prefabricated Building is a building that is manufactured and constructed using
prefabrication. It consists of factory-made components or units that are transported and
assembled on-site to form the complete building.
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60) Principally above ground means that at least 51 percent of the actual cash value of the
structure, less land value, is above ground.
61) Public Freshwater Lake means a naturally formed lake (not man-made) that has been
used by the public with the acquiescence of a riparian owner. The term does not include
the following:
a) Lake Michigan.
b) A lake lying wholly or in part within the corporate boundaries of any of the three
3) cities having the largest population in a county having a population of more
than four hundred thousand (400,000) but less than seven hundred thousand
700,000).
c) privately owned body of water:
i) used for the purpose of surface coal mining; or
ii) created as a result of surface coal mining.
A listing of Indiana public freshwater lakes is maintained in Natural Resources
Commission Information Bulletin#61.
62) Recreational vehicle means a vehicle which is:
a) built on a single chassis;
b) 400 square feet or less when measured at the largest horizontal projections;
c) designed to be self-propelled or permanently towable by a light duty truck; and
d) designed primarily not for use as a permanent dwelling, but as temporary living
quarters for recreational camping,travel,or seasonal use.
63) 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 Section
6-38.3(2) of this ordinance. The "Regulatory Flood" is also known by the term "Base
Flood","One-Percent Annual Chance Flood", and"100-Year Flood".
64) Repetitive loss means flood-related damages sustained by a structure on two separate
occasions during a 10-year period for which the cost of repairs at the time of each such flood
event, on the average, equaled or exceeded 25%of the market value of the structure before
the damage occurred.
65) Riverine means relating to,formed by,or resembling a river(including tributaries),stream,
brook,etc.
66) Solid waste disposal facility means any facility involved in the storage or disposal of non-
liquid, non-soluble materials ranging from municipal garbage to industrial wastes that
contain complex and sometimes hazardous substances. Solid waste also includes sewage
sludge, agricultural refuse, demolition wastes, mining wastes, and liquids and gases stored
in containers.
67) Special Flood Hazard Area (SFHA), synonymous with"areas of special flood hazard"
and floodplain,means those lands within the jurisdiction of the City subject to a one percent
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or greater chance of flooding in any given year. Special flood hazard areas are designated
by the Federal Emergency Management Agency on Flood Insurance Rate Maps and Flood
Insurance Studies as Zones A,AE,AH,AO,Al 30, A99, or VE. The SFHA includes areas
that are flood prone and designated from other federal, state, or local sources of data
including but not limited to best available flood layer maps provided by or approved by the
Indiana Department of Natural Resources,historical flood information reflecting high water
marks,previous flood inundation areas,and flood prone soils associated with a watercourse.
68) Start of construction includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction, or
improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of a slab
or footings, the installation of piles, the construction of columns, or any work beyond the
stage of excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways;nor does it include excavation for
a basement, footings, piers, foundations, or the erection of temporary forms; nor does it
include the installation on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external dimensions
of the building.
69) Structure means a walled and roofed building, including a gas or liquid storage tank,
which is principally above ground. The term includes a manufactured home, as well as a
prefabricated building. It also includes recreational vehicles installed on a site for more than
180 consecutive days.
70) Substantial damage means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
71) Substantial improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure before the "start of construction" of the improvement. This term
includes structures that have incurred "repetitive 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
which have been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions.
72) Temporary structure (Public Freshwater Lakes only) means a structure that can be
installed and removed from the waters of a public freshwater lake without using a crane,
bulldozer,backhoe,or similar heavy or large machinery.Examples of a temporary structure
include the following:
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a) A pier that is supported by auger poles or other poles that do not exceed three and
one-half(3''A) inches in diameter and rest on the lakebed; and is not mounted in or
comprised of concrete or cement.
b) A boat shelter,boat lift, or boat hoist that has a canvas top and sides; is supported
by auger poles or other poles that do not exceed three and one-half(3'A)inches in
diameter; is not mounted in or comprised of concrete or cement; is designed to
float or to rest upon the bed of the lake under its own weight if any structure to
which it is attached complies with this section; and, is not wider than ten(10) feet
nor longer than twenty(20) feet.
73) Variance is a grant of relief from the requirements of this ordinance consistent with the
variance conditions herein.
74) Violation means the failure of a structure or other development to be fully compliant with
this ordinance.
75) Walled and roofed means a building that has two or more exterior rigid walls and a fully
secured roof and is affixed to a permanent site.
76) Watercourse means a lake, river, creek, stream, wash, channel, or other topographic
feature on or over which waters flow at least periodically. Watercourse includes
specifically designated areas in which substantial flood damage may occur.
Sec. 6-38.3.—General Provisions
1) Lands to Which This Ordinance Applies
This ordinance shall apply to all areas of special flood hazard (SFHAs) within the
jurisdiction of the City of South Bend,Indiana as identified in Section 6-38.3(2),including
any additional areas of special flood hazard annexed by the City of South Bend, Indiana.
2) Basis for Establishing the Areas of Special Flood Hazard
a) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs
within the jurisdiction of the City, delineated as an"AE Zone" on the St. Joseph
County,Indiana and Incorporated Areas Flood Insurance Rate Map dated January
6, 2011 shall be determined from the one-percent annual chance flood profiles in
the Flood Insurance Study of St. Joseph County, Indiana and Incorporated Areas
and the corresponding Flood Insurance Rate Maps (FIRM)dated January 6, 2011
as well as any subsequent updates, amendments, or revisions, prepared by the
Federal Emergency Management Agency with the most recent date. Should the
floodway limits not be delineated on the Flood Insurance Rate Map for a studied
SFHA designated as an"AE Zone", the limits of the floodway will be according
to the best available flood layer as provided by the Indiana Department of Natural
Resources.
b) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs
within the jurisdiction of the City, delineated as an "A Zone" on the St. Joseph
County,Indiana and Incorporated Areas Flood Insurance Rate Map,dated January
6,2011,as well as any subsequent updates,amendments,or revisions,prepared by
the Federal Emergency Management Agency with the most recent date, shall be
according to the best available flood layer provided by the Indiana Department of
Natural Resources, provided the upstream drainage area from the subject site is
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greater than one square mile. Whenever a party disagrees with the best available
flood layer, the party needs to replace existing data with better data that meets
current engineering standards. To be considered, this data must be submitted to
the Indiana Department of Natural Resources for review and subsequently
approved.
c) The regulatory flood elevation for each SFHA of a public freshwater lake within
the jurisdiction of the City delineated as an"Zone AE"on the St. Joseph County,
Indiana and Incorporated Areas Flood Insurance Rate Map shall be in the stillwater
elevation tables in the Flood Insurance Study of St. Joseph County, Indiana and
Incorporated Areas dated January 6, 2011 and any subsequent updates,
amendments, or revisions, prepared by the Federal Emergency Management
Agency with the most recent date. A listing of Indiana public freshwater lakes can
be found in Natural Resources Commission Information Bulletin#61.
d) The regulatory flood elevation for each SFHA of a public freshwater lake within
the jurisdiction of the City delineated as an "Zone A" on the St. Joseph County,
Indiana and Incorporated Areas Flood Insurance Rate Map dated January 6,2011
as well as any subsequent updates, amendments, or revisions, prepared by the
Federal Emergency Management Agency with the most recent date, shall be
according to the best available flood layer as provided by the Indiana Department
of Natural Resources,provided the upstream drainage area from the subject site is
greater than one square mile. Whenever a party disagrees with the best available
flood layer data,the party needs to replace existing data with better data that meets
current engineering standards. To be considered, this data must be submitted to
the Indiana Department of Natural Resources for review and subsequently
approved. A listing of Indiana public freshwater lakes is maintained in Natural
Resources Commission Information Bulletin#61.
e) 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 the best
available flood layer as provided by the Indiana Department of Natural Resources,
provided the upstream drainage area from the subject site is greater than one square
mile.
f) Upon issuance of a Letter of Final Determination(LFD),any more restrictive data
in the new (not yet effective) mapping/study shall be utilized for permitting and
construction (development) purposes, replacing all previously effective less
restrictive flood hazard data provided by FEMA.
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
a) 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.
b) Where an existing or proposed structure or other development is affected by
multiple flood zones,by multiple base flood elevations, or both,the development
activity must comply with the provisions of this ordinance applicable to the most
restrictive flood zone and the most conservative(highest)base flood elevation
affecting any part of the existing or proposed structure; or for other
developments, affecting any part of the area of the development.
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c) No land or stream within the SFHA shall hereafter be altered without full
compliance with the terms of this ordinance and other applicable regulations.
5) Abrogation and Greater Restrictions
This ordinance is not intended to repeal,abrogate,or impair any existing easements,covenants,
or deed restrictions. However,where this ordinance and another conflict or overlap,whichever
imposes the more stringent restrictions shall prevail.
6) Discrepancy between Mapped Floodplain and Actual Ground Elevations
a) In cases where there is a discrepancy between the mapped floodplain(SFHA)
with base flood elevations provided(riverine or lacustrine Zone AE)on the
FIRM and the actual ground elevations,the elevation provided on the profiles or
table of still water elevations 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 natural grade elevation of the site in question is at or above the base flood
elevation and a LOMA or LOMR-FW is obtained, the floodplain regulations will
not be applied provided the LOMA or LOMR-FW is not subsequently superseded
or invalidated.
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.
c) Deemed neither to limit nor repeal any other powers granted under state statutes
8) Warning and Disclaimer of Liability
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on available information derived from engineering and
scientific methods of study. Larger floods can and will occur on rare occasions. Therefore,
this ordinance does not create any liability on the part of the City of South Bend, 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 the City of South
Bend. All violations shall be punishable by a fine as set forth in Section 21-13.02(h).
a) A separate offense shall be deemed to occur for each day the violation continues
to exist.
b) The City of South Bend Zoning Administrator shall inform the owner that any such
violation is considered a willful act to increase flood damages and therefore may
cause coverage by a Standard Flood Insurance Policy to be suspended.
c) Nothing herein shall prevent the City of South Bend from taking such other lawful
action to prevent or remedy any violations. All costs connected therewith shall
accrue to the person or persons responsible.
Sec.6-38.4.—Administration.
1) Designation of Administrator
The Common Council of the City of South Bend hereby appoints the Building Commissioner
to administer and implement the provisions of this ordinance and is herein referred to as the
Floodplain Administrator.
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2) Floodplain Development Permit and Certification Requirements
An application for a floodplain development permit shall be made to the Floodplain
Administrator for all development activities located wholly within, partially within, or in
contact with an identified special flood hazard area. Such application shall be made by the
owner of the property or his/her authorized agent, herein referred to as the applicant, prior to
the actual commencement of such construction on a form furnished for that purpose. Such
applications shall include, but not be limited to plans drawn to scale showing the nature,
location, dimensions, and elevations of the area in question, existing or proposed structures,
earthen fill, storage of materials or equipment, drainage facilities, and the location of the
foregoing. Specifically,the following information is required:
a) Application stage.
i) A description of the proposed development.
ii) Location of the proposed development sufficient to accurately locate
property and structure(s) in relation to existing roads and streams.
iii) A legal description of the property site.
iv) For the reconstruction, rehabilitation, or improvement of an existing
structure, or an addition to an existing building, a detailed quote and
description of the total work to be completed including but not limited
to interior work, exterior work,and labor as well as a certified valuation
of the existing(pre-improved or pre-damaged) structure.
v) A letter from a licensed professional surveyor or engineer noting that an
elevation reference benchmark has been established or confirmed for
those projects requiring elevations to be met.
vi) A site development plan showing existing and proposed development
locations and existing and proposed land grades.
vii) Verification that connection to either a public sewer system or to an
approved on-site septic system is available and approved by the
respective regulatory agency for proposed structures to be equipped
with a restroom, kitchen or other facilities requiring disposal of
wastewater.
viii) Plans showing elevation of the top of the planned lowest floor
including basement) of all proposed structures in Zones A, AH and
AE. Elevation should be in NAVD 88.
ix) Plans showing elevation (in NAVD 88) to which any non-residential
structure will be floodproofed.
x) Plans showing location and specifications for flood openings for any
proposed structure with enclosed areas below the flood protection
grade.
xi) Plans showing materials to be used below the flood protection grade
for any proposed structure are flood resistant.
xii) Plans showing how any proposed structure will be anchored to resist
flotation or collapse.
xiii) Plans showing how any electrical, heating, ventilation, plumbing, air
conditioning equipment and other service facilities are designed and/or
located. Elevation should be in NAVD 88.
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xiv) Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development. A hydrologic and
hydraulic engineering analysis is required, and any watercourse
changes submitted to the Department of Natural Resources for
approval. Once the Department of Natural Resources approval is
obtained, a FEMA Conditional Letter of Map Revision must be
obtained prior to construction(See Section 6-38.4(3)(h)and Section 6-
38.4(5) for additional information.).
xv) Any additional information, as requested by the Floodplain
Administrator, which may be necessary to determine the disposition
of a proposed development or structure with respect to the requirements
of this ordinance.
b) Construction Stage.
i) Upon establishment of the lowest floor of an elevated structure or
structure constructed on fill, it shall be the duty of the applicant to
submit to the Floodplain Administrator an elevation certificate for the
building under construction. The Floodplain Administrator shall
review the elevation certificate. Any deficiencies detected during the
review shall be corrected by the applicant before work is allowed to
continue. 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.
c) Finished Construction.
i) Upon completion of construction of any structure requiring
certification of elevation, an elevation certificate which depicts the
as-built"lowest floor elevation and other applicable elevation data is
required to be submitted by the applicant to the Floodplain
Administrator. The elevation certificate shall be prepared by or under
the direct supervision of a registered land surveyor and certified by the
same.
ii) Upon completion of construction of an elevated structure constructed
on fill, a fill report is required to be submitted to the Floodplain
Administrator to verify the required standards were met, including
compaction.
iii) Upon completion of construction of a floodproofing measure, a
floodproofmg certificate is required to be submitted by the applicant
to the Floodplain Administrator.The floodproofing certificate shall be
prepared by or under the direct supervision of a registered professional
engineer or architect and certified by same.
3) Duties and Responsibilities of the Floodplain Administrator
The Floodplain Administrator and/or designated staff is hereby authorized and directed to
enforce the provisions of this ordinance. The administrator is further authorized to render
interpretations of this ordinance,which are consistent with its spirit and purpose.
Duties and Responsibilities of the Floodplain Administrator shall include, but are not limited
to:
a) Enforce the provisions of this ordinance.
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b) Evaluate application for permits to develop in special flood hazard areas to assure
that the permit requirements of this ordinance have been satisfied.
c) Interpret floodplain boundaries and provide flood hazard and flood protection
elevation information.
d) Issue permits to develop in special flood hazard areas when the provisions of these
regulations have been met or refuse to issue the same in the event of
noncompliance.
e) Advise permittee that additional Federal, State and/or local permits may be
required. If specific Federal, State and/or local permits are known, require that
copies of such permits be provided and maintained on file with the floodplain
development permit.
f) Conduct substantial damage determinations to determine whether existing
structures,damaged from any source and in special flood hazard areas,must meet
the development standards of these regulations.
g) For applications to improve structures, including alterations, movement,
enlargement,replacement,repair, change of occupancy, additions,rehabilitations,
renovations, substantial improvements, repairs of substantial damage, and any
other improvement of or work on such buildings and structures, the Floodplain
Administrator shall:
i) Verify and document the market value of the pre-damaged or pre-
improved structure.
ii) Compare the cost to perform the improvement; or the cost to repair a
damaged building to its pre-damaged condition; or, the combined
costs of improvements and repair,if applicable,to the market value of
the pre-damaged or pre-improved structure. The cost of all work must
be included in the project costs, including work that might otherwise
be considered routine maintenance. Items/activities that must be
included in the cost shall be in keeping with guidance published by
FEMA to ensure compliance with the NFIP and to avoid any conflict
with future flood insurance claims of policyholders within the
community.
iii) Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage; the
determination requires evaluation of previous permits issued for
improvements and repairs as specified in the defmition of"substantial
improvement' for proposed work to repair damage caused by flood,
the determination requires evaluation of previous permits issued to
repair flood-related damage as specified in the defmition of substantial
damage.
iv) Notify the applicant if it is determined that the work constitutes
substantial improvement or repair of substantial damage and that
compliance with the applicable general and specific standards in
Section 6-38.5 of this ordinance are required.
h) 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.
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i) Ensure that construction authorization has been granted by the Indiana Department
of Natural Resources for all development projects subject to Sections 6-38.5(1)(a),
6-38.5(1)(c)(i), and 6-38.5(1)(d) of this ordinance. Maintain a record of such
authorization (either copy of actual permit/authorization or floodplain
analysis/regulatory assessment).
j) Verify the upstream drainage area of any proposed development site near any
watercourse not identified on a FEMA map to determine if Section 6-38.4(3)(i)is
applicable.
k) Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is not diminished.
1) Verify and record the actual elevation of the lowest floor(including basement) of
all new or substantially improved structures,in accordance with Section 6-38.4(2).
m) Verify and record the actual elevation to which any new or substantially improved
structures have been floodproofed in accordance with Section 6-38.4(2).
n) Make on-site inspections of projects in accordance with Section 6-38.4(4).
o) Coordinate with insurance adjusters prior to permitting any proposed work to bring
any flood-damaged structure covered by a standard flood insurance policy into
compliance(either a substantially damaged structure or a repetitive loss structure)
to ensure eligibility for ICC funds.
p) Ensure that an approved connection to a public sewer system or an approved on-
site septic system is planned for any structures (residential or non-residential) to
be equipped with a restroom, kitchen or other facilities requiring disposal of
wastewater.
q) Provide information, testimony, or other evidence as needed during variance
hearings.
r) Serve notices of violations, issue stop-work orders, revoke permits and take
corrective actions in accordance with Section 6-38.4(4).
s) 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 Change (LOMC), copies of Department
of Natural Resources permits,letters of authorization,and floodplain analysis and
regulatory assessments (letters of recommendation), federal permit documents,
and "as-built" elevation and floodproofmg data for all buildings constructed
subject to this ordinance in accordance with Section 6-38.4(4).
t) Coordinate map maintenance activities and associated FEMA follow-up in
accordance with Section 6-38.4(5).
u) Utilize and enforce all Letters of Map Change(LOMC)or Physical Map Revisions
PMR)issued by FEMA for the currently effective SFHA maps of the community.
v) Request any additional information which may be necessary to determine the
disposition of a proposed development or structure with respect to the requirements
of this ordinance.
4) Administrative Procedures
a) Inspections of Work in Progress. As the work pursuant to a permit progress, the
floodplain administrator shall make as many inspections of the work as may be
necessary to ensure that the work is being done according to the provisions of the
local ordinance and terms of the permit. In exercising this power,the administrator
has a right,upon presentation of proper credential,to enter on any premises within
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the territorial jurisdiction at any reasonable hour for the purposes of inspection or
other enforcement action.
b) Stop Work Orders.
i) Upon notice from the floodplain administrator, work on any building,
structure or premises that is being done contrary to the provisions of this
ordinance shall immediately cease.
ii) Such notice shall be in writing and shall be given to the owner of the
property, or to his agent, or to the person doing the work, and shall state
the conditions under which work may be resumed.
c) Revocation of Permits.
i) The floodplain administrator may revoke a permit or approval, issued
under the provisions of this ordinance, in cases where there has been any
false statement or misrepresentation as to the material fact in the
application or plans on which the permit or approval was based.
ii) The floodplain administrator may revoke a permit upon determination by
the floodplain administrator that the construction, erection, alteration,
repair,moving,demolition,installation,or replacement of the structure for
which the permit was issued is in violation of, or not in conformity with,
the provisions of this ordinance.
d) Floodplain Management Records.
i) Regardless of any limitation on the period required for retention of public
records, records of actions associated with the administration of this
ordinance shall be kept on file and maintained under the direction of the
Floodplain Administrator in perpetuity. These records include permit
applications, plans, certifications, Flood Insurance Rate Maps; Letter of
Map Change; records of issuance of permits and denial of permits;
determinations of whether proposed work constitutes substantial
improvement or repair of substantial damage; required design
certifications and documentation of elevations required by this ordinance;
notifications to adjacent communities, FEMA, and the state related to
alterations of watercourses; assurances that the flood carrying capacity of
altered watercourses will be maintained;documentation related to appeals
and variances, including justification for issuance or denial; and records
of enforcement actions taken pursuant to this ordinance.
ii) These records shall be available for public inspection at the St. Joseph
County/City of South Bend Building Department, 125 S. Lafayette Blvd.,
Suite 100, South Bend, IN 46601.
e) Periodic Inspection. Once a project is completed, periodic inspections may be
conducted by the Floodplain Administrator to ensure compliance. The Floodplain
Administrator shall have a right, upon presentation of proper credential, to enter
on any premises within the territorial jurisdiction of the department at any
reasonable hour for the purposes of inspection or other enforcement action.
5) Map Maintenance Activities
To meet NFIP minimum requirements to have flood data reviewed and approved by FEMA,
and to ensure that St.Joseph County flood maps,studies and other data identified in Section 6-
38.3(2)accurately represent flooding conditions so appropriate floodplain management criteria
are based on current data,the following map maintenance activities are identified:
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a) Requirement to Submit New Technical Data
i) For all development proposals that impact floodway delineations or base
flood elevations,the community shall ensure that technical data reflecting
such changes be submitted to FEMA within six months of the date such
information becomes available. These development proposals include:
a. Floodway encroachments that increase or decrease base
flood elevations or alter floodway boundaries.
b. Fill sites to be used for the placement of proposed
structures where the applicant desires to remove the site
from the special flood hazard area.
c. Alteration of watercourses that result in a relocation or
elimination of the special flood hazard area,including the
placement of culverts; and Subdivision or large-scale
development proposals requiring the establishment of
base flood elevations.
ii) It is the responsibility of the applicant to have required technical data for
a Conditional Letter of Map Revision or Letter of Map Revision and
submitted to FEMA. The Indiana Department of Natural Resources will
review the submittals as part of a partnership with FEMA. The submittal
should be mailed to the Indiana Department of Natural Resources at the
address provided on the FEMA form (MT-2) or submitted through the
online Letter of Map Change website. Submittal and processing fees for
these map revisions shall be the responsibility of the applicant.
iii)The Floodplain Administrator shall require a Conditional Letter of Map
Revision prior to the issuance of a floodplain development permit for
proposed floodway encroachments that increase the base flood elevation.
iv)Floodplain development permits issued by the Floodplain Administrator
shall be conditioned upon the applicant obtaining a Letter of Map Revision
from FEMA for any development proposal subject to this section.
b) Right to Submit New Technical Data
The Floodplain Administrator may request changes to any of the information shown
on an effective map that does not impact floodplain or floodway delineations or base
flood elevations, such as labeling or planimetric details. Such a submission shall
include appropriate supporting documentation made in writing by the South Bend
Common Council President of and may be submitted to FEMA at any time.
c) Annexation/Detachment
Upon occurrence, the Floodplain Administrator shall notify FEMA in writing
whenever the boundaries of the City of South Bend have been modified by annexation
or the community has assumed authority over an area, or no longer has authority to
adopt and enforce floodplain management regulations for a particular area. In order
that the St.Joseph County,Indiana and Incorporated Areas Flood Insurance Rate Map
accurately represent City boundaries,include within such notification a copy of a map
of the City suitable for reproduction, clearly showing the new corporate limits or the
new area for which the City has assumed or relinquished floodplain management
regulatory authority.
6)Variance Procedures
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a) The South Bend Area Board of Zoning Appeals as established by the South Bend
Common Council shall hear and decide appeals and requests for variances from
requirements of this ordinance.
b) 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 or Superior Court.
c) In considering such applications,the board shall consider all technical
evaluations, all relevant factors,all standards specified in other sections of this
ordinance, and:
i) the danger to life and property due to flooding or erosion damage.
ii) the danger that materials may be swept onto other lands to the injury of
others.
iii) the susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
iv) the importance of the services provided by the proposed facility to the
community.
v) the necessity to the facility of a waterfront location,where applicable.
vi)the compatibility of the proposed use with existing and anticipated
development.
vii) the availability of alternative locations for the proposed use which are
not subject to flooding or erosion damage.
viii) the safety of access to the property in times of flood for ordinary and
emergency vehicles.
ix) the expected height,velocity, duration,rate of rise, and sediment
transport of the floodwaters at the site.
x) 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.
d) A written report addressing each of the above factors shall be submitted with the
application for a variance.
e) Variances from the provisions of this ordinance shall only be granted when the
board can make positive findings of fact based on evidence submitted at the
hearing for the following:
i) A showing of good and sufficient cause.
ii) A determination that failure to grant the variance would result in
exceptional hardship as defined in Section 6-38.2.
iii)A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense,create nuisances,cause fraud or
victimization of the public,or conflict with existing laws or
ordinances.
f) No variance for a residential use within a floodway subject to Sections 6-
38.5(1)(a); (1)(c)(i); or(1)(d)of this ordinance may be granted.
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g) Any variance granted in a floodway subject to Sections 6-38.5(1)(a); (1)(c)(i); or
1)(d)will require a permit from the Indiana Department of Natural Resources.
Variances shall not be issued within any designated regulatory floodway if any
increase in flood levels during the base flood discharge would result.
h) Variances to the Provisions for Flood Hazard Reduction of Section 6-38.5 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.
i) Variances may be issued for the repair or rehabilitation of"historic structures"
upon a determination that the proposed repair or rehabilitation will not preclude
the structure's continued designation as a"historic structure"and the variance is
the minimum to preserve the historic character and design of the structure.
j) Variances may be issued for new construction, substantial improvements, and
other development necessary for the conduct of a functionally dependent use.
k) Variances shall only be issued upon a determination that the variance is the
minimum necessary,considering the flood hazard,to afford relief.
1) Upon consideration of the factors listed above and the purposes of this ordinance,
the appeal board may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this.
m)Any applicant to whom a variance is granted shall be given written notice
specifying the difference between the Flood Protection Grade and the elevation
to which the lowest floor is to be built and stating that the cost of the flood
insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
n) The Floodplain Administrator shall maintain the records of appeal actions and
report any variances to the Federal Emergency Management Agency or the
Indiana Department of Natural Resources upon request.
Sec. 6-38.5.—Provisions for Flood Hazard Reduction
1) Floodplain Status Standards
a) Floodways(Riverine)
Located within SFHAs, established in Section 6-38.3(2) are areas designated as
floodways. The floodway is an extremely hazardous area due to the velocity of
floodwaters,which carry debris,potential projectiles,and has erosion potential.Under
the provisions of the Flood Control Act (IC 14281) a permit for construction in a
floodway from the Indiana Department of Natural Resources is required prior to the
issuance of a local building permit for any excavation, deposit, construction, or
obstruction activity located in the floodway. This includes land preparation activities
such as filling, grading, clearing, and paving undertaken before the actual start of
construction of the structure. General licenses and exemptions to the requirements of
the Flood Control Act (IC 14-28-1 and 312 IAC 10) may apply to qualified
additions/improvements to existing lawful residential structures, rural bridges, logjam
removals, wetland restoration, utility line crossings, outfall projects, creek rock
removal,and prospecting.
i) If the site is in a regulatory floodway as established in Section 6-38.3(2),
the Floodplain Administrator shall require the applicant to forward the
application, along with all pertinent plans and specifications, to the
Indiana Department of Natural Resources and apply for approval for
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construction in a floodway, provided the activity does not qualify for a
general license or exemption(IC 14-28-1 or 312 IAC 10).
ii) No action shall be taken by the Floodplain Administrator until approval
has been granted by the Indiana Department of Natural Resources for
construction in the floodway, or evidence provided by an applicant that
the development meets specified criteria to qualify for a general license
or exemption to the requirement of the Flood Control Act. The
Floodplain Development Permit shall meet the provisions contained in
this article.
iii) The Floodplain Development Permit cannot be less restrictive than an
approval issued for construction in a floodway issued by the Indiana
Department of Natural Resources, or the specified criteria used to
qualify for a general license or exemption to the Flood Control Act for
a specific site/project. However, a community's more restrictive
regulations(if any)shall take precedence.
iv)In floodway areas identified on the FIRM, development shall cause no
increase in flood levels during the occurrence of the base flood discharge
without first obtaining a Conditional Letter of Map Revision and
meeting requirements of Section 6-38.4(5)(a). A Conditional Letter of
Map Revision cannot be issued for development that would cause an
increase in flood levels affecting a structure and such development
should not be permitted.
v) In floodway areas identified by the Indiana Department of Natural
Resources through detailed or approximate studies but not yet identified
on the effective FIRM as floodway areas,the total cumulative effect of
the proposed development, when combined with all other existing and
anticipated development, shall not adversely affect the efficiency of, or
unduly restrict the capacity of the floodway. This adverse effect is
defined as an increase in the elevation of the regulatory flood of at least
fifteen-hundredths (0.15) of a foot as determined by comparing the
regulatory flood elevation under the project condition to that under the
natural or pre-floodway condition as proven with hydraulic analyses.
vi)For all projects involving channel modifications or fill (including
levees), the City shall submit the data and request that the Federal
Emergency Management Agency revise the regulatory flood data per
mapping standard regulations found at 44 CFR§ 65.12.
b) Fringe(Riverine)
If the site is in the fringe (either identified on the FIRM or identified by the Indiana
Department of Natural Resources through detailed or approximate studies and not
identified on a FIRM), the Floodplain Administrator may issue the local Floodplain
Development Permit provided the provisions contained in this section have been met.
c) SFHAs without Established Base Flood Elevation and/or Floodways/Fringes
Riverine)
i) Drainage area upstream of the site is greater than one square mile:
If the site is in an identified floodplain where the limits of the floodway
and fringe have not yet been determined,and the drainage area upstream
of the site is greater than one square mile,the Floodplain Administrator
shall require the applicant to forward the application, along with all
pertinent plans and specifications,to the Indiana Department of Natural
Resources for review and comment.
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No action shall be taken by the Floodplain Administrator until written
approval from the Indiana Department of Natural Resources (approval
for construction in a floodway, letter of authorization, or evidence of
general license qualification) or a floodplain analysis/regulatory
assessment citing the one-percent annual chance flood elevation and the
recommended Flood Protection Grade has been received from the
Indiana Department of Natural Resources.
Once the Floodplain Administrator has received the proper written
approval, evidence of general license qualification, or floodplain
analysis/regulatory assessment approving the proposed development
from the Indiana Department of Natural Resources, 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 this section have been met.
ii) Drainage area upstream of the site less than one square mile:
If the site is in an identified floodplain where the limits of the floodway
and fringe have not yet been determined and the drainage area upstream
of the site is less than one square mile, the Floodplain Administrator
shall require the applicant to provide an engineering analysis showing
the limits of the floodplain and one-percent annual chance flood
elevation for the site.
Upon receipt, the Floodplain Administrator may issue the local
Floodplain Development Permit, provided the provisions contained in
this section have been met.
d) SFHAs not Identified on a Map
i) If a proposed development site is near a waterway with no SFHA
identified on a map, the Floodplain Administrator shall verify the
drainage area upstream of the site. If the drainage area upstream of the
site is verified as being 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 written
approval from the Indiana Department of Natural Resources (approval
for construction in a floodway, letter of authorization, or evidence of
general license qualification) or a floodplain analysis/regulatory
assessment citing the one-percent annual chance flood elevation and the
recommended Flood Protection Grade has been received from the
Indiana Department of Natural Resources.
iii)Once the Floodplain Administrator has received the proper written
approval, evidence of general license qualification, or floodplain
analysis/regulatory assessment approving the proposed development
from the Indiana Department of Natural Resources, 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 this section have been met.
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e) Public Freshwater Lakes
Within the SFHA are public freshwater lakes. Public freshwater lakes are
governed by IC 14-26-2(sometimes referred to as the Lakes Preservation Act)and
rules adopted by the Natural Resource Commission at 312 IAC 11-1 through 312
IAC 11-5 to assist with its implementation. A listing of public freshwater lakes
can be found in the Indiana Register,Information Bulletin#61.Noting while Lake
Freeman and Lake Shafer are listed,Indiana Department of Natural Resources and
Natural Resource Commission authority is abridged by IC 14-26-2-15. Dredging
of public freshwater lakes is addressed in the Indiana Register, Information
Bulletin#60
i) Lakes Preservation Act jurisdiction is based on the specific lake's
legally established lake level, where this legally established elevation
legal lake level)meets the land along the shoreline. When no legal lake
level is established for a lake, average normal shoreline at each site is
used,based on observation of breaks such as lakebed vs ground and lines
of demarcation.
ii) Indiana Department of Natural Resources approval is required for
excavation, fill, and placement, modification, or repair of a temporary
or permanent structure over, along or lakeward of the shoreline or
waterline of a public freshwater lake. Walls landward of the shoreline
within ten(10) feet) and below legal or normal water level of a public
freshwater lake also require prior approval from the Department of
Natural Resources.
iii)General licenses and exemptions to the Lake Preservation Act may
apply to the placement of temporary piers, dry hydrants, aerators, or
glacial stone reface,provided they meet the specific criteria of the Public
Lakes Rules.
iv)No action shall be taken by the Floodplain Administrator until a permit
or letter of authorization (when applicable) has been issued by the
Indiana Department of Natural Resources granting approval or
qualification for a general license has been verified. Once a permit or
approval has been issued by the Indiana Department of Natural
Resources (or general license qualification verified), the Floodplain
Administrator may issue the local Floodplain Development Permit,
provided the applicable provisions contained in this section have been
met. The Floodplain Development Permit cannot be less restrictive than
the permit issued by the Indiana Department of Natural Resources.
However,a community's more restrictive regulations(if any) shall take
precedence.
2) General Standards
In all areas of special flood hazard, the following provisions are required:
a) All new construction, reconstruction or repairs made to a repetitive loss structure,
and substantial improvements shall be anchored to prevent flotation, collapse or
lateral movement of the structure.
b) New construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage below the FPG.
c) New construction and substantial improvements must incorporate methods and
practices that minimize flood damage.
d) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other
service facilities shall be located at/above the FPG for residential structures.
Electrical, heating, ventilation, plumbing, air conditioning equipment, and other
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service facilities shall be located at/above the FPG or designed so as to prevent
water from entering or accumulating within the components below the FPG for
non-residential structures. Water and sewer pipes, electrical and telephone lines,
submersible pumps,and other waterproofed service facilities may be located below
the FPG.
e) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
f) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
g) On-site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding.
h) Any alteration, repair, reconstruction, or improvements to a structure that is in
compliance with the provisions of this ordinance shall meet the requirements of
new construction"as contained in this ordinance.
i) Base flood elevation data shall be provided for subdivision proposals and other
proposed development (including manufactured home parks and subdivisions),
which is greater than fifty(50) lots or five(5)acres,whichever is less.
j) Where an existing or proposed structure or other development is affected by
multiple flood zones, by multiple base flood elevations, or both,the development
activity must comply with the provisions of this ordinance applicable to the most
restrictive flood zone and the highest base flood elevation affecting any part of the
existing or proposed structure; or for other developments,affecting any part of the
area of the development.
k) Fill projects that do not involve a structure must be protected against erosion and
scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative
cover is used,the slopes shall be no steeper than 3' horizontal to 1' vertical.
1) Non-conversion agreements shall be required for all new or substantially improved
elevated structures with an enclosure beneath the elevated floor, accessory
structures, and open-sided shelters.
m)Construction of new solid waste disposal facilities, hazard waste management
facilities, salvage yards, and chemical storage facilities shall not be permitted in
areas of special flood hazard.
n) Whenever any portion of the SFHA is authorized for use, the volume of space
which will be occupied by the authorized fill or structure below the BFE shall be
compensated for and balanced by an equivalent volume of excavation taken below
the BFE. The excavation volume shall be at least equal to the volume of storage
lost(replacement ratio of 1 to 1)due to the fill 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 fill or structure is located,
will be accessible to the regulatory flood water, will not be subject to
ponding when not inundated by flood water, and that it shall not be
refilled.
iii)The excavation shall provide for true storage of floodwater but shall not
be subject to ponding when not inundated by flood water.
iv)The fill or structure shall not obstruct a drainage way leading to the
floodplain.
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v) The grading around the excavation shall be such that the excavated area
is accessible to the regulatory flood water.
vi)The fill or structure shall be of a material deemed stable enough to
remain firm and in place during periods of flooding and shall include
provisions to protect adjacent property owners against any increased
runoff or drainage resulting from its placement.
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.
3) Specific Standards
In all areas of special flood hazard where base flood elevation data or flood depths have
been provided,as set forth in Section 6-38.3(2),the following provisions are required:
a) Building Protection Requirement. In addition to the general standards described
in Section 6-38.5(2) 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 a residential structure.
ii) Construction or placement of a non-residential structure.
iii)Addition or improvement made to an existing structure where the cost
of the addition or improvement equals or exceeds 50% of the value of
the existing structure (excluding the value of the land). An addition
and/or improvement project that is continuous in scope or time is
considered as one project for permitting purposes.
iv)Reconstruction or repairs made to a damaged structure where the costs
of restoring the structure to its before damaged condition equals or
exceeds 50% of the market value of the structure (excluding the value
of the land)before damage occurred(the costs of any proposed additions
or improvements beyond restoring the damaged structure to its before
damaged condition must be included in the cost).
v) Installing a manufactured home on a new site or a new manufactured
home on an existing site.
vi)Installing a travel trailer or recreational vehicle on a site for more than
180 days.
vii) Reconstruction or repairs made to a repetitive loss structure.
viii) Addition or improvement made to any existing structure with a previous
repair,addition or improvement constructed since the community's first
floodplain ordinance.
b) Residential Construction
i) New construction or substantial improvement of any residential
structures shall meet provisions described in Section 6-38.5(1) and
applicable general standards described in Section 6-38.5(2).
ii) In Zone A and Zone AE,new construction or substantial improvement
of any residential structure shall have the lowest floor; including
basement,at 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 6-38.5(3)(b)(iii). Should fill be used to
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elevate a structure, the standards of Section 6-38.5(3)(b)(iv) must be
met.
iii)Fully enclosed areas formed by foundation and other exterior walls
below the flood protection grade shall meet the following requirement:
1. Designed to preclude finished living space and designed to
allow for the automatic entry and exit of floodwaters to equalize
hydrostatic flood forces on exterior walls. Flood openings must
be designed and installed in compliance with criteria set out in
FEMA Technical Bulletin 1. Flood openings must be designed
and certified by a registered design professional (requires
supporting engineering certification or make/model specific
ICC-ES Report), or meet the following criteria for non-
engineered flood openings:
A. Provide a minimum of two openings on different sides of
an enclosure. If more than one enclosed area is present,
each must have openings on exterior walls (having a total
net area of not less than one square inch for every one
square foot of enclosed area).
B. The bottom of all openings shall be no more than one foot
above the higher of the final interior grade (or floor) and
the finished exterior grade immediately under each
opening.
C. If the floor of the enclosure is below the BFE,the openings
must be located wholly below the BFE.
D. If the floor of the enclosure is at or above the BFE, but
below the FPG,the openings must be located wholly below
the FPG.
E. Doors and windows do not qualify as openings.
F. Openings may be equipped with screens, louvers, valves
or other coverings or devices provided they permit the
automatic flow of floodwaters in both directions.
G. Openings are to be not less than 3 inches in any direction
in the plane of the wall. This requirement applies to the
hole in the wall, excluding any device that may be inserted
such as typical foundation air vent device.
H. Property owners shall be required to execute and record
with the structure's deed a non-conversion agreement
declaring that the area below the lowest floor (where the
interior height of the enclosure exceeds 6 feet) shall not be
improved,finished or otherwise converted;the community
will have the right to inspect the enclosed area. The non-
conversion agreement shall be recorded in the office of the
St. Joseph County Recorder.
I. The floor of such enclosed area must be at or above grade
on at least one side.
iv)A residential structure may be constructed on fill in accordance with the
following:
1. Fill shall be placed in layers no greater than 1 foot deep before
compacting to 95% of the maximum density obtainable with
either the Standard or Modified Proctor Test method. The
29
results of the test showing compliance shall be retained in the
permit file.
2. Fill shall extend ten (10) feet beyond the foundation of the
structure before sloping below the BFE
3. Fill shall be protected against erosion and scour during
flooding by vegetative cover, riprap, or bulk heading. If
vegetative cover is used,the slopes shall be no steeper than 3'
horizontal to l' vertical.
4. Fill shall not adversely affect the flow of surface drainage from
or onto neighboring properties.
5. Fill shall be composed of clean granular or earthen material.
v) A residential structure may be constructed using a stem wall foundation
also called chain wall, raised-slab-on-grade, and slab-on-stem-wall-
with-fill). Any backfilled stem wall foundation(also called chain wall,
raised-slab-on-grade, and slab-on-stem-wall-with-fill) must be
backfilled with compacted structural fill, concrete, or gravel that
supports the floor slab. No flood openings are required for this type of
construction.
c) Non-Residential Construction.
i) New construction or substantial improvement of any non-residential
structures (excludes accessory structures) shall meet provisions
described in Section 6-38.5(1) and applicable general standards
described in Section 6-38.5(2).
ii) In Zone A and Zone AE,new construction,or substantial improvement
of any commercial, industrial, or non-residential structure (excludes
accessory structures) shall either have the lowest floor, including
basement, elevated to or above the FPG 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 6-38.5(3)(c)(iii). Should fill be used to elevate a structure, the
standards of Section 6-38.5(3)(c)(iv)must be met.
iii)Fully enclosed areas formed by foundation and other exterior walls
below the flood protection grade shall meet the following requirement.
1. Designed to preclude finished living space and designed to
allow for the automatic entry and exit of floodwaters to
equalize hydrostatic flood forces on exterior walls. Flood
openings must be designed and installed in compliance with
criteria set out in FEMA Technical Bulletin 1. Flood openings
must be designed and certified by a registered design
professional (requires supporting engineering certification or
make/model specific ICC-ES Report), or meet the following
criteria for non-engineered flood openings:
A. Provide a minimum of two openings on different sides of
an enclosure. If more than one enclosed area is present,
each must have openings on exterior walls (having a total
net area of not less than one square inch for every one
square foot of enclosed area).
B. The bottom of all openings shall be no more than one foot
above the higher of the fmal interior grade (or floor) and
30
the finished exterior grade immediately under each
opening.
C. If the floor of the enclosure is below the BFE,the openings
must be located wholly below the BFE.
D. If the floor of the enclosure is at or above the BFE, but
below the FPG,the openings must be located wholly below
the FPG.
E. Doors and windows do not qualify as openings.
F. Openings may be equipped with screens, louvers, valves
or other coverings or devices provided they permit the
automatic flow of floodwaters in both directions.
G. Openings are to be not less than 3 inches in any direction
in the plane of the wall. This requirement applies to the
hole in the wall,excluding any device that may be inserted
such as typical foundation air vent device.
2. The floor of such enclosed area must be at or above grade on
at least one side.
iv)A nonresidential structure may be constructed on fill in accordance with
the following:
1. Shall be placed in layers no greater than 1 foot deep before
compacting to 95% of the maximum density obtainable with
either the Standard or Modified Proctor Test method. The
results of the test showing compliance shall be retained in the
permit file.
2. Shall extend ten (10) feet beyond the foundation of the
structure before sloping below the BFE.
3. Shall be protected against erosion and scour during flooding by
vegetative cover, riprap, or bulk heading. If vegetative cover
is used, the slopes shall be no steeper than 3' horizontal to 1'
vertical.
4. Shall not adversely affect the flow of surface drainage from or
onto neighboring properties.
5. Shall be composed of clean granular or earthen material.
v) A nonresidential structure may be floodproofed in accordance with the
following:
1. 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
Floodplain Administrator.
2. Floodproofing measures shall be operable without human
intervention and without an outside source of electricity.
vi)A nonresidential structure may be constructed using a stem wall
foundation (also called chain wall, raised-slab-on-grade, and slab-on-
stem-wall-with-fill). Any backfilled stem wall foundation must be
backfilled with compacted structural fill, concrete, or gravel that
supports the floor slab. No flood openings are required for this type of
construction.
31
d) Manufactured Homes and Recreational Vehicles.
i) These requirements apply to all manufactured homes to be placed on a
site in the SFHA:
1. The manufactured home shall be elevated on a permanent
foundation such that the lowest floor shall be at or above the
FPG and securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral
movement.
2. Fully enclosed areas formed by foundation and other exterior
walls below the FPG shall be designed to preclude finished
living space and designed to allow for the entry and exit of
floodwaters to automatically equalize hydrostatic flood forces
on exterior walls as required for elevated structures in Section
6-38.5(3)(b)(iii).
3. Flexible skirting and rigid skirting not attached to the frame or
foundation of a manufactured home are not required to have
openings.
ii) Recreational vehicles placed on a site in the SFHA shall either:
1. Be on site for less than 180 days and be fully licensed and ready
for use on a public highway(defined as being on its wheels or
jacking system,is attached to the site only by quick disconnect
type utilities and security devices, and has no permanently
attached additions), or
2. Meet the requirements for "manufactured homes" as stated
earlier in this section.
e) Accessory Structures
Within SFHAs,new construction or placement of an accessory structure must meet
the following standards:
i) Shall have a floor area of 400 square feet or less.
ii) Use shall be limited to parking of vehicles and limited storage.
iii)Shall not be used for human habitation.
iv)Shall be constructed of flood resistant materials.
v) Shall be constructed and placed on the lot to offer the minimum
resistance to the flow of floodwaters.
vi)Shall be firmly anchored to prevent flotation.
vii) Service facilities such as electrical and heating equipment shall be
elevated or floodproofed to or above the FPG.
viii) Shall be designed to allow for the entry and exit of floodwaters to
automatically equalize hydrostatic flood forces on exterior walls as
required for elevated structures in Section 6-38.5(3)(c)(iii).
ix) Shall not have subsequent additions or improvements that would
preclude the structure from its continued designation as an accessory
structure.
f) Free-standing Pavilions, Gazebos, Decks, Carports, and Similar
Development.
Within SFHAs,new construction or placement of free-standing pavilions,gazebos,
decks,carports, and similar development must meet the following standards:
i) Shall have open sides(having not more than one rigid wall).
ii) Shall be anchored to prevent flotation or lateral movement.
iii)Shall be constructed of flood resistant materials below the FPG.
32
iv)Any electrical, heating, plumbing and other service facilities shall be
located at/above the FPG.
v) Shall not have subsequent additions or improvements that would
preclude the development from its continued designation as a free-
standing pavilion,gazebo,carport, or similar open-sided development.
g) Above Ground Gas or Liquid Storage Tanks.
Within SFHAs,all newly placed or replacement aboveground gas or liquid storage
tanks shall meet the requirements for a non-residential structure as required in
Section 6-38.5(3)(c).
4) Standards for Subdivision and Other New Developments
a) All subdivision proposals and all other proposed new development shall be
consistent with the need to minimize flood damage.
b) All subdivision proposals and all other proposed new development 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 and all other proposed new development shall have
adequate drainage provided to reduce exposure to flood hazards.
d) In all areas of special flood hazard where base flood elevation data are not
available, the applicant shall provide a hydrologic and hydraulic engineering
analysis that generates base flood elevations for all subdivision proposals and all
other proposed new development (including manufactured home parks and
subdivisions), which is greater than fifty (50) lots or five (5) acres, whichever is
less.
e) All subdivision proposals shall minimize development in the SFHA and/or limit
density of development permitted in the SFHA.
f) All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians
and vehicles(especially emergency responders).
g) Streets,blocks lots,parks and other public grounds shall be located and laid out in
such a manner as to preserve and utilize natural streams and channels. Wherever
possible the floodplains shall be included within parks or other public grounds.
5) Standards for Critical Facilities
Construction of new critical facilities shall be, to the extent possible, located outside the
limits of the SFHA. Construction of new critical facilities shall be permissible within the
SFHA if no feasible alternative site is available. Critical facilities constructed within the
SFHA shall have the lowest floor elevated to or above the FPG at the site. Floodproofing
and sealing measures must be taken to ensure that toxic substances will not be displaced
by or released into floodwaters. Access routes elevated to or above the FPG shall be
provided to all critical facilities to the extent possible.
Sec. 6-38.6.—Legal Status Provisions
1) Severability.
If any section,subsection,sentence,clause,or phrase of these regulations is, for any
reason,declared by the courts to be unconstitutional or invalid, such decision shall not
affect the validity of the regulations as a whole,or any part thereof,other than the part so
declared.
2) Effective Date.
This ordinance shall be in full force and effect upon adoption by the Common Council
and approval by the Mayor.
33
Canneth Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado,City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of
South Bend, Indiana on the day of 2025, at o'clock .m.
Bianca L. Tirado,City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025,at o'clock
m.
James Mueller,Mayor
City of South Bend,Indiana
34
1200 COUN'IY-CITY BUILDING
227 W. JEFFERSON BOUl.l\V,\RD
SOUTI I Bl•:ND, I Dir\1 r\ 46601-1830
Pl fONI'. 574/235-9241
FAX 574/235-7670
TTY 574/235-5567
CITY OF SOUTI I B!c D JAMES MUELLER, MAYOR
DEPARTMENT OF LAW
S,\NDRr\ KENNl•:DY
CORPORATION Cou SI(],
Honorable Committee Chair Tomas Morgan
4th Floor, County-City Building
South Bend, IN 46601
RE: Firearm Discharge Ordinance
Dear Committee Chair Tomas Morgan:
April 8, 2025
JiiNNAKTIIROW
CITY A'ITORNEY
Filed in Clerk's Office
. Bianca Tirado C,ty Clerk, South Bend, IN
Enclosed please find an Ordinance proposing amendments to the Firearm Discharge Ordinance at Section
13-58 of the Municipal Code, as well as related amendments to Sections 2-142 and 13-96. The amendments
to the Firearm Discharge Ordinance will increase the enforceability of this Ordinance by providing for a self
defense exception and other requirements of the Second Amendment. The proposed amendment will also
clarify other provisions of the Municipal Code related to firearms which are now incorporated into the
provisions of Sec. 13-58. Amendments to other sections will strike references within other sections of the
Municipal Code which are now contained within Section 13-58.
Please include the attached Ordinance on the Council agenda for first reading at your April 14, 2025 Council
meeting and set it for public hearing, 2nd, and 3rd reading at your April 28, 2025 Council meeting.
If you have any questions, please feel free to contact me.
DANIELLE WEISS
THOMAS E. PANOWICZ
Sincerely,
MICHAEL SCHMIDT
ADAM E. TAYLOR
KYLIE CONNELL
JOHN DORBIN
26-25
Filed in Clerk's Office
BILL NO. 26-25
Bianca Tirado
ORDINANCE NO. City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 13, ARTICLE 4, SECTION 13-58; CHAPTER 2,
ARTICLE 12, SECTION 2-142; AND CHAPTER 13, ARTICLE 10, SECTION 13-96 TO
UPDATE THE REGULATIONS FOR DISCHARGING FIREARMS
STATEMENT OF PURPOSE AND INTENT
Chapter 13, Article 4, Sec. 13-58 of the South Bend Municipal Code provides the
regulations for discharging firearms within City limits.
The proposed amendment will increase the enforceability of this Ordinance by providing
for a self-defense exception and other requirements of the Second Amendment.
The proposed amendment will also clarify other provisions of the Municipal Code related
to firearms which are now incorporated into the provisions of Sec. 13-58.
Specifically, this proposed amendment will strike references to and within Chapter 2,
Article 12 of the Municipal Code regarding the discharge of firearms within cemeteries that are
already incorporated into the provisions of Sec. 13-58.
This ordinance amendment is necessary for the effective, efficient administration of the
City's enforcement of firearm discharges. This ordinance is in the best interest of the City and its
residents.
NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Chapter 13, Article 4, Sec. 13-58 shall be amended to read in its entirety as
follows:
Sec. 13-58 —Discharging firearms prohibited; exception
a) For purposes of this Section, a firearm shall be defined as follows: Any weapon, whether
loaded or unloaded,that is capable of expelling or designed to expel or that may readily be
converted to expel a projectile by means of an explosion and includes any such weapon
commonly referred to as a pistol, revolver, rifle, gun, shotgun or machine gun.
b) It shall be unlawful for any person to discharge a firearm in the city limits.
c) It shall not be a violation of this section to discharge a firearm under the following
conditions:
1) Acting in self-defense, as defined by state law;
2) Law enforcement officers in the performance of their duties;
3) A legally established firing range;
1
4) U.S. Armed Forces in the performance of their duties;
5) Prior City authorized events, such as parades, funerals,or other authorized events.
d) Any person violating this Section, and not subject to an exception set forth in subsection
c) above, may be issued a citation which is subject to a fine of two thousand five hundred
dollars($2,500.00)per violation.
SECTION II. Section 2-142 shall be amended as follows:
1) Discharging firearms, except at military funerals and memorial celebrations;
SECTION III. Section 13-96 shall be amended as follows:
Any person intentionally displaying a firearm in violation of this Article, or found to be in
violation of Section 2 '4 (b)(4`, or Section 13-58, or Section 19-44 of this Code, shall be issued
an ordinance violation citation with a fine of two thousand five hundred dollars ($2,500.00).
Citations shall contain the date, time,name, and address of the violator, the Code section violated,
the nature of the violation,location of the violation,and the name of the person issuing the citation.
The citation shall have instructions thereon as to the disposition of the citation.
SECTION IV. This Ordinance shall be in full force and effect after adoption by the
Common Council, approval by the Mayor, and any publication required by law, with an effective
date of 2025
Canneth Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2025, at _ o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
2
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
3
Filed in Clerk's Office
Bianca Tirado
BILL NO. City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 13,ARTICLE 4,SECTION 13-58; CHAPTER 2,
ARTICLE 12, SECTION 2-142; AND CHAPTER 13,ARTICLE 10,SECTION 13-96 TO
UPDATE THE REGULATIONS FOR DISCHARGING FIREARMS
STATEMENT OF PURPOSE AND INTENT
Chapter 13, Article 4, Sec. 13-58 of the South Bend Municipal Code provides the
regulations for discharging firearms within City limits.
The proposed amendment will increase the enforceability of this Ordinance by providing
for a self-defense exception and other requirements of the Second Amendment.
The proposed amendment will also clarify other provisions of the Municipal Code related
to firearms which are now incorporated into the provisions of Sec. 13-58.
Specifically, this proposed amendment will strike references to and within Chapter 2,
Article 12 of the Municipal Code regarding the discharge of firearms within cemeteries that are
already incorporated into the provisions of Sec. 13-58.
This ordinance amendment is necessary for the effective, efficient administration of the
City's enforcement of firearm discharges. This ordinance is in the best interest of the City and its
residents.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND,INDIANA as follows:
SECTION I. Chapter 13, Article 4, Sec. 13-58 shall be amended as follows:
Sec. 13-58-Discharging firearms prohibited; exception
a) For purposes of this Section, a firearm shall be defined as follows: Any weapon, whether
loaded or unloaded,that is capable of expelling or designed to expel or that may readily be
converted to expel a projectile by means of an explosion and includes any such weapon
commonly referred to as a pistol, revolver, rifle, gun, shotgun or machine gun. Ne-perssn
Y b 9 J • b 9 b Y" 9 • 9
ether-nameierzname.
1
b) It shall be unlawful for any person to discharge a firearm in the city limits. Tt
c) It shall not be a violation of this section to discharge a firearm under the following
conditions:
1) Acting in self-defense, as defined by state law;
2) Law enforcement officers in the performance of their duties;
3) A legally established firing range;
4) U.S.Armed Forces in the performance of their duties;
5) Prior City authorized events, such as parades, funerals,or other authorized events.
d) Any person violating this Section, and not subject to an exception set forth in subsection
c)above, may be issued a citation which is subject to a fine of two thousand five hundred
dollars($2,500.00)per violation.
SECTION II. Section 2-142 shall be amended as follows:
1) Discharging firearms, except at military funerals and memorial celebrations;
SECTION III. Section 13-96 shall be amended as follows:
Any person intentionally displaying a firearm in violation of this Article, or found to be in
violation of Section 2 141(b)(4), or Section 13-58, or Section 19-44 of this Code, shall be issued
an ordinance violation citation with a fine of two thousand five hundred dollars ($2,500.00).
Citations shall contain the date,time,name, and address of the violator,the Code section violated,
the nature of the violation, location of the violation,and the name of the person issuing the citation.
The citation shall have instructions thereon as to the disposition of the citation.
SECTION IV. This Ordinance shall be in full force and effect after adoption by the
Common Council, approval by the Mayor, and any publication required by law, with an effective
date of 2025
Canneth Lee, President,
South Bend Common Council
ATTEST:
Bianca Tirado, City Clerk
Presented by me to the Mayor of the City of South Bend. Indiana on the day of
2025,at o'clock_.m.
Bianca Tirado, City Clerk
2
Approved and signed by me on the day of 2025,at o'clock_.m.
James Mueller, Mayor, City of South Bend, Indiana
3
1200 C0UNIY-01YBUILDING 227 W. JEFFERSON BOUIEV ARD SoUIHBEND, INDIANA 46601-1830 PHONE 574/235-9241 FAX 574/235-7670 TTY 574/235-5567 OTY OF Sourn BEND JAMES MUELLER, MAYOR DEPARTMENT OF LAW SANDRA KENNEDY CORPORATION COUNSEL Honorable Committee Chair Tomas Morgan 4th Floor, County-Gty Building South Bend, IN 46601 RE: Public Nuisance Noise Ordinance Dear Committee Chair Tomas Morgan: April 8, 2025 JENNA K. THROW OTY ATTORNEY Filed in Clerk's OfficeC·ty Bianca Tirado 1 Clerk s th ' ou Bend, INEnclosed please find an Ordinance proposing repeal of the Public Nuisance Noise Ordinance at Section 13-81 of the Municipal Code. This amendment is requested because the topic of public nuisance noise is already regulated in detail by Section 13-57 of the Municipal Code, and Section 13-81 lacks the same level of detail as Section 13-57. Repealing the less detailed ordinance increases the enforceability of noise regulation and allows enforcement to proceed clearly under the more detailed provisions. Please include the attached Ordinance on the Council agenda for first reading at your April 14, 2025 Council meeting and set it for public hearing, 2nd, and 3rd reading at your April 28, 2025 Council meeting. If you have any questions, please feel free to contact me. Sincerely, �'t� �K.Throw G Attorney DANIELLE WEISS 1HOMAS E. PANOWICZ. MIGiAEL SGIMIDT ADAME. TAYLOR KYLIE CONNELL JOHNDORBIN 27-25
Filed in Clerk's Office
BILL NO. 27-25
ORDINANCE NO. Bianca Tirado
City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 13,ARTICLE 7, SECTION 13-81 TO REPEAL THE
ORDINANCE PROHIBITING PUBLIC NUISANCE NOISES
STATEMENT OF PURPOSE AND INTENT
Chapter 13, Article 7, Sec. 13-81 of the South Bend Municipal Code provides regulations
for prohibitions on public nuisance noises.
Section 13-57, contained in Chapter 13, Article 4, also contains detailed regulations
regarding unreasonable noise.
As Section 13-57 contains more detailed regulations regarding the same topic, the
regulations in Section 13-81 would be duplicative without providing for the specificity contained
in Section 13-57. An amendment to the Municipal Code repealing Section 13-81 and regulating
the topic of unreasonable noise through Section 13-57 is necessary for the effective enforcement
of these noise regulations.
This ordinance is in the best interest of the City and its residents.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Chapter 13, Article 7, Sec. 13-81 shall be repealed in its entirely.:
SECTION II. This Ordinance shall be in full force and effect after adoption by the
Common Council, approval by the Mayor, and any publication required by law.
Canneth Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
1
City of South Bend, Indiana on the _ day of 2025, at _ o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
2
CITY OF SOUTH BEND VENUES PARKS & ARTS
April 9, 2025
Councilman Canneth Lee
4th Floor, County -City Building
South Bend, IN 4660 l
301 S St. Louis Blvd.
South Bend, IN 46617
0: 574.245.6053
F: 574.245.6053
sbvpa.org
JAMES MUELLER
Mayor
JORDAN V GATHERS '"
Filed in Clerk's Office
Bianca Tirado City Clerk, South Bend, IN
RE: Federal Trade Commission Ruling Morris Performing Arts Center Historic Preservation
Fee Adjustment
Dear President Councilman Lee:
Enclosed is an Ordinance amending the Historic Preservation Ticket Surcharge for the Morris
Performing Arts Center. The Morris Performing Arts Center is expected to update its ticketing
fee structure in response to new Federal Tr ade Commission regulations requiring full disclosure
of all fees at the time of ticket purchase. Currently, a $3.50 Historic Preservation/Facility Fee is
charged per ticket, and a $5.00 Order Fee is charged per transaction. However, the Morris's
ticketing vendor, E-Tix, is unable to incorporate the per-transaction Order Fee into the total
ticket price as required by the new regulations beginning May 12, 2025. To ensure compliance
while maintaining necessary revenue for the Morris, the proposed ordinance eliminates the $5.00
Order Fee and instead increases the per-ticket Historic Preservation/Facility Fee by $1.25,
bringing it to $4.75. This change allows all costs to be clearly disclosed per ticket, ensuring
transparency and aligning with federal guidelines.
The full ordinance is attached for your reference. If you have any questions, please feel free to
contact our office.
Sincerely,
0/ -/2///
Dezha Moore
General Manager of Venues, VPA
CC: Jordan Gathers, VPA Executive Director
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
28-25
Filed in Clerk's Office
BILL NO. 28-25 Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING THE HISTORIC PRESERVATION TICKET SURCHARGE
FOR THE MORRIS PERFORMING ARTS CENTER
STATEMENT OF PURPOSE AND INTENT
The City of South Bend's("City")Morris Performing Arts Center(the"Morris")currently
charges a Historic Preservation/Facility Fee of Three Dollars and Fifty Cents ($3.50)that is added
onto the face value of each ticket sold at the Morris.
The Morris also charges an Order Fee on each transaction of Five Dollars ($5.00), which
represents an average cost of extra materials and processes for all ticket purchases, such as
shipping, ticket stock, printing costs, stamps, and intangible operation costs.
Recent regulations issued by the Federal Trade Commission governing the disclosure of
fees at the time of ticket purchase have changed the way the City presents Morris ticket prices
through its ticketing vendor to prospective purchasers.
The City's ticketing vendor is not able to include the Order Fee into the Total Price, as
required by the new regulations on or before May 12, 2025, as it is charged per transaction rather
than per ticket. It remains unclear whether a disclaimer regarding the transaction fee on the City's
ticketing website would allow the City to be in full compliance with the new regulations, as best
practices are still developing. The most clear way to comply with the regulations is to include all
fees per ticket in the Total Price.
The City and Morris recognize the Order Fee is an important part of the revenue of the
Morris, and desire to ensure that this revenue is able to be captured at the time of purchase while
remaining in compliance with federal regulations.
The proposed ordinance would shift the transaction fee into a small increase, in the amount
of One Dollar and Twenty-Five Cents ($1.25), in the per ticket Historic Preservation/Facility Fee
and eliminate the Order Fee.This increase reflects the average cost of extra materials and processes
for all ticket purchases, such as shipping, ticket stock, printing costs, stamps, and intangible
operation costs so that it may properly be disclosed at the time of purchase.
This ordinance is in the best interest of the City and its residents.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Historic Preservation/Facility ticket surcharge is hereby increased from
Three Dollars and Fifty Cents ($3.50) to Four Dollars and Seventy-Five Cents ($4.75) and the
1
Order Fee is hereby eliminated. There shall be no change to the distribution of the first Three
Dollars and Fifty Cents of this surcharge. The additional Dollar Twenty-Five Cents ($1.25) shall
be distributed in the same manner as funds from the prior Order Fee.
SECTION II. This Ordinance shall be in full force and effect after adoption by the
Common Council, approval by the Mayor, and any publication required by law.
Canneth Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2025, at _ o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
2
Filed in Clerk's Office
APR 2 2 2025
Bianca Tirado City Clerk, South Bend, IN
CITY OF SOUTH BEND
COMMUNITY INVESTMENT
April 22, 2025
Canneth Lee, President
South Bend Common Council
4th Floor, County-City Building
RE: A Resolution of the Common Council of the City of South Bend, Indiana,
Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of
Services to an Annexation Area in German Township (Edison Sundown Annexation
Area)
Dear President Lee:
I am attaching for filing the above resolution, which is a companion to Bill No. 14-25.
That bill proposes to voluntarily annex contiguous territory in German Township to the
City of South Bend. This resolution provides for the Common Council's adoption of the
written plan and policy concerning the provision of services, both capital and non-capital,
to the territory to be annexed.
This 8.9-acre annexation area contains two parcels north of the intersection of Edison
Road and Sundown Road, plus adjacent right-of-way. All public improvements, if any,
will be required to be done at the expense of the developer.
I request that the attached resolution be placed on the agenda of the April 28, 2025,
Common Council meeting at which the companion bill is given Second Reading. I will
be attending the meeting, as well as the Zoning & Annexation Committee hearing, as the
presenter.
If you have any questions, please feel free to contact me at (574) 235-7625. Thank you.
Sin7,ly,c�
Principal Development Planner
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
1400S County-City Building 227 W. Jefferson Bvld. South Bend, Indiana 46601 p 574.235.9371 www.southbendin.gov
25-24
Filed in Clerk's Office
APR 2 2 2
BILL NO. 25-24
Bianca Tirado
RESOLUTION NO. City Clerk, South Bend, IN
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN
ANNEXATION AREA IN GERMAN TOWNSHIP
EDISON SUNDOWN ANNEXATION AREA)
WHEREAS, there has been submitted to the Common Council of the City of South Bend,
Indiana,an Ordinance and a petition by all(100%)property owners which proposes the annexation
of real estate located in German Township, St. Joseph County, Indiana,which is more particularly
described at Section I of this Resolution; and
WHEREAS, the territory proposed to be annexed encompasses approximately 8.9 acres of
land,which property is at least 12.5%contiguous to the current City limits, i.e.,45.8%contiguous,
generally located north of the intersection of Edison Road and Sundown Road (24355 Edison
Road). It is anticipated that the annexation area will be used primarily for warehousing; and
WHEREAS, this development will require a basic level of municipal public services of a
non-capital improvement nature, including police and fire protection, street and road maintenance,
street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital
improvement nature, including street and road construction, sidewalks, street lighting, a sanitary
sewer system, a water distribution system, and a storm water system and drainage plan; and
WHEREAS,the South Bend Common Council now desires to establish and adopt a fiscal
plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital
nature, including police and fire protection, street and road maintenance,street sweeping, flushing,
and snow removal, and sewage collection,and other non-capital services normally provided within
the corporate boundaries; and services of a capital improvement nature including street and road
construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm
water system to be furnished to the territory to be annexed; (2) the method(s) of financing those
services; (3) the plan for the organization and extension of those services; (4) that services of a
non-capital nature will be provided to the annexed area within one(1)year after the effective date
of the annexation, and that they will be provided in a manner equivalent in standard and scope to
similar non-capital services provided to areas within the corporate boundaries of the City of South
Bend, regardless of similar topography, patterns of land use, and population density; (5) that
services of a capital improvement nature will be provided to the annexed area within three (3)
years after the effective date of the annexation within the same manner as those services are
provided to areas within the corporate boundaries of the City of South Bend regardless of similar
topography, patterns of land use, or population density, and in a manner consistent with federal,
state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees
or other governmental entities whose jobs will be eliminated by the proposed annexation.
1
NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. It is in the best interest of the City of South Bend and the area proposed to be
annexed that the real property described more particularly at Page 14 of Exhibit "A" attached
hereto be annexed to the City of South Bend.
Section II. It shall be and hereby is now declared and established that it is the policy of
the City of South Bend, to furnish to said territory services of a non-capital nature, such as police
and fire protection, street and road maintenance, street sweeping, flushing, and snow removal,
within one (1) year of the effective date of the annexation in a manner equivalent in standard and
scope to services furnished by the City to other areas of the City regardless of similar topography,
patterns of land utilization, and population density; and to furnish to said territory, services of a
capital improvement nature such as street and road construction, sidewalks, a street light system,
a sanitary sewer system, a water distribution system, a storm water system and drainage plan,
within three(3)years of the effective date of the annexation in the same manner as those services
are provided to areas within the corporate boundaries of the City of South Bend regardless of
similar topography, patterns of land use, or population density.
Section III. The South Bend Common Council, shall and does hereby now establish and
adopt the Fiscal Plan, attached hereto and fully incorporated herein as Exhibit "A", and made a
part hereof,for the furnishing of said services to the territory to be annexed,which provides,among
other things, that the public sanitary sewer and water network is available with capacity sufficient
to service this area with costs for extensions, any improvements in sewer or water capacity, and a
City-approved drainage system to be paid for by the developer, all in compliance with state and
local law; that no additional street lighting will be necessary and any future lighting especially of
a decorative nature or with underground wiring will be at the developer/owner's expense; that no
new public streets will be required.
Section IV. Sidewalks should be provided along public streets as required and must
comply with the Americans with Disabilities Act (ADA) under the PROWAG standards.
Section V. It is required as a condition of annexation that any future improvements or
alterations to the property meet the City of South Bend's building, zoning, and subdivision
requirements.
Section VI. This Resolution shall be effective from and of the date of adoption by the
Common Council.
2
Canneth Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2025, at
o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at o'clock .m.
James Mueller, Mayor
City of South Bend, Indiana
3
Exhibit "A"
Filed in Clerk's Office
r•+
APR 2 2 2025
Bianca Tirado
City Clerk,South Bend, IN
THE CITY OF SOUTH BEND
FISCAL PLAN
EDISON SUNDOWN
ANNEXATION AREA
Prepared by
City of South Bend
Department of Community Investment
March 25, 2025
Edison Sundown Annexation Area 2
TABLE OF CONTENTS
SECTION I. INTRODUCTION 3
SECTION II. GENERAL DATA 3
A. Location
B. Legal Description
C. Contiguity
D. Size of Annexation Area
E. Buildings & Land Use
F. Zoning& Subdivisions
G. Population
H. Tax Rate & Impact
I. Parcel Ownership &Assessments
J. Municipal Legislative District
K. Hiring Plan
SECTION III. MUNICIPAL SERVICES 6
A. Public Works
B. Police Department
C. Fire Department& EMS
D. Neighborhood Services & Enforcement
E. Environmental Services
F. Administrative Services
SECTION IV. LAND USE ANALYSIS& DEVELOPMENT CRITERIA 11
SECTION V. FISCAL IMPACT 12
Fiscal Impact: TABLE 1
Legal Description 14
Map: MAP 1 15
Edison Sundown Annexation Area 3
SECTION I. INTRODUCTION
This Fiscal Plan represents the City of South Bend's (hereinafter, "City") policy for the
annexation of property in German Township, St. Joseph County, Indiana (hereinafter,
Annexation Area"), and was developed through the cooperative efforts of the following City
Departments:
Legal Department
Department of Public Works
South Bend Fire Department
South Bend Police Department
Department of Community Investment
Department of Administration & Finance
SECTION II. GENERAL DATA
A. Location
The Annexation Area is located north of the intersection of Edison Road and Sundown Road
24355 Edison Road). See Map 1.
B. Legal Description
The Annexation Area is part the Southeast Quarter of Section 31,Township 38 North, Range 2
East, in German Township, St. Joseph County, Indiana. For a complete legal description, see
Page 14.
C. Contiguity
The Annexation Area is at least 1/8 (12.5%) contiguous to the current City limits:
Contiguous 1,204.4 feet 45.8%
Non-Contiguous 1,427.0 feet 54.2%
Total 2,631.4 feet 100.0%
D. Size of Annexation Area
The Annexation Area is approximately 8.9 acres.
Edison Sundown Annexation Area 4
E. Buildings& Land Use
The Annexation Area contains two buildings totaling 43,000 square feet. The petitioner seeks
to utilize the site for warehousing and to construct a 13,000 square foot addition.
F. Zoning&Subdivisions
The two properties in the Annexation Area are currently zoned I Industrial District in St. Joseph
County. With the annexation ordinance, the properties would automatically be zoned as I
Industrial in the City. The Annexation Area falls within the I.P.0 Minor Subdivision.
G. Population
No people currently reside in the Annexation Area. After development, no residents are
proposed to live in the Annexation Area.
H. Tax Rate & Impact
The tax rates used are those of 2024 payable 2025. The total tax rate for unincorporated
German Township is 2.3800 per $100 of taxable real estate. The total tax rate for South
Bend German Township is 4.9602 per$100 of taxable real estate.
Per State law, the tax caps expressed as a percentage of the gross assessed value for
different classifications of property are as follows, regardless of the property's location being
within South Bend or unincorporated St. Joseph County:
Property Type Cap
Homestead Residential 1.0%
Non-Homestead Residential 2.0%
Agricultural 2.0%
Other (Commercial) 3.0%
For at least the four years after the effective date of the annexation, the expected tax rates,
tax levies, expenditure levels, service levels, and annual debt service payments are estimated
to be approximately the same as those in effect at the time of annexation for each of the
political subdivisions to which the proposed annexation applies.
Because of the relatively small size of the Annexation Area and its assessed value relative to
the total size and tax base of the various political subdivisions, this annexation is expected, for
at least four years after the effective date of this annexation, to have a negligible impact on
the finances and tax revenues of South Bend and other political subdivisions to which the
proposed annexation applies, on the political subdivisions in St. Joseph County not part of this
annexation, and on taxpayers not part of this annexation.
Edison Sundown Annexation Area 5
I. Parcel Ownership &Assessments
Parcel Identification
Assessed
Number
Address Parcel Owner Value
Total)
004-1021-036804 24355 Edison Road Fort Wayne Logistics LLC $283,600
004-1021-036803 24355 Edison Road Fort Wayne Logistics LLC $131,100
Total Assessments
Land: 115,800
Improvements:298,900
Total (Gross): 414,700
Total (Net): 414,700
Assessments are based on 2024 payable 2025 St. Joseph County property tax records.
J. Municipal Legislative District
The Annexation Area will be in the 1st District.
K. Hiring Plan
This annexation is not anticipated to result in the elimination of jobs for employees of any
other governmental entities. The German Township Trustee has been notified of this
proposed annexation.
Edison Sundown Annexation Area 6
SECTION III. MUNICIPAL SERVICES
A. Public Works
Sewer - The nearest available public sewer is on Ardmore Trail. The sewer cannot be
extended without approval from the Board of Public Works, including conformance with
Resolution 17-2021 on Sewer and Water Extension Policy for Areas Outside of the City Limits.
St. Joseph County approval would also be required to extend utilities along St. Joseph County
right of way. Any extension of sewer is the sole expense of the developer.
Water-The nearest water line is located north of the edge of pavement in the Edison Road
right of way. The line is a 16" ductile iron main.There is a pressure regulating valve and one
hydrant along this main. A Utility Verification Form and System Development Charges would be
required to connect to the existing water main.
Extensions of or taps into sanitary sewer and water lines shall be governed by state law and
the rules and regulations of the South Bend Water Works and Sewer Utility. The Annexation
Area may be subject to system development charges for both water and sewer services.
Development of the site requires development of a Drainage Plan. No public storm sewer is
available to the site. Retention basins and low impact means to promote infiltration of
surface water will be required. The developer will also be required to generate an erosion
control plan and obtain a permit.
Subdivision of land will require minimum frontage on public rights-of-way to current standards,
or to development standards adopted for this development that meet or exceed the Zoning
Ordinance and the Standards for Design and Construction.
Streets -Upon annexation, 726 feet of Edison Road will be added to the City. A City permit will
be needed to add or change driveway access to the property. A portion of the St. Joseph
Valley Parkway will also be added, but it will continue to be maintained by INDOT. The
developer may be required to build public sidewalk as part of the development process.
Street Lighting - There is no street lighting on Edison Road. No additional street lighting is
necessary for this annexation area. Should any additional street lighting be desired, it can be
provided on wood poles with overhead wiring through an ongoing contract with Indiana
Michigan Power.
Waivers of Annexation - No waiver of annexation is in effect for this area.
Edison Sundown Annexation Area 7
2024 Actual Budget Report for the Department:
Expenditures: 35,811,357
Miles of Roadway in City: @502
Cost per Mile: @$71,337
New Mileage within Area: @0.14 miles (726 feet)
Estimated Maintenance Cost
for Annexation Area per year: @$9,987
Edison Sundown Annexation Area 8
B. Police Department
The Annexation Area would be added to the existing Beat 24. Police patrols and emergency
responses will be part of the services the City will offer to this area. This proposed annexation
would require officers to cover a relatively small additional area on this beat.
At this time, it is not expected that this annexation would cause calls for service to increase
significantly, and it is not anticipated that it will be necessary to increase police patrols beyond
the existing beat patrol. The addition of this Annexation Area will not significantly increase
response time.
The cost for servicing the proposed area is not expected to impact the existing budget of the
Police Department with any significance. The patrol costs would be assumed by the Police
Department budget. However, this area, as well as all other areas of the City, will continually
be monitored for level of service demands and other criteria that would necessitate additional
resources through budgetary increases or possible shifting of existing resources, such as a
beat restructure.
Police services and response time in this area may be slightly longer than that found in all
other areas of the City. Police coverage to this area could begin immediately upon
annexation.
Note: The cost of service for this Annexation Area is based on the number of parcels.
Household information is provided for comparative purposes.
2024 Actual Budget Report for the Department:
Expenditures (including pension cost): $54,972,592
Number of Households in City (2022): @41,488
Cost per Household: @$1,325
Number of Parcels in City (2024): @47,400
Cost per Parcel: @$1,160
Proposed Number of Households in Area: 0
Proposed Number of Parcels in Area:2
Cost for Annexation Area per year: 2,320 (2 parcels x $1,160/ parcel)
Edison Sundown Annexation Area 9
C. Fire Department& EMS
Fire Response - The South Bend Fire Department provides a fully staffed, full-time fire
department. The Annexation Area will be serviced primarily by Fire Station #6, located at
4302 W. Western Avenue, approximately 3.3 miles away. Additional Fire Department units
would respond from Fire Station #11 at 3505 N. Bendix Drive, which is approximately 4.5
miles away.
Response times will be slower than best practice response times as designated by NFPA
1710. These standards note that a first engine should arrive within 4 minutes and a second
engine within 6 minutes at a fire suppression incident. The response time to the annexation
area will be comparable to other areas on the edge of the City, where it typically takes the first
engine 6-7 minutes to arrive and the second engine 10 minutes. Slower response times could
be addressed by an agreement to utilize automatic aid from fire stations closer to the
annexation area, by establishing a metro fire department and absorbing smaller departments
into South Bend, or by constructing a new fire station.
Otherwise, the South Bend Fire Department does not foresee any unusual fire protection
problems related to this annexation. No additional equipment will need to be purchased or
personnel hired to service the Annexation Area. Fire coverage to this area could begin
immediately upon annexation. Adequate water supply will be necessary as any development
takes place.
Emergency Medical Response - The City will provide emergency medical response to the
Annexation Area. This area will be serviced by Fire Station #4, located at 220 N. Olive
approximately 3.7 miles away).
Response times will be comparable to other areas of the City. No additional equipment will
need to be purchased or personnel hired to service the Annexation Area. Emergency medical
services are supported by user fees and would be available upon annexation.
Note: The cost of service for this Annexation Area is based on the number of parcels.
Household information is provided for comparative purposes.
2024 Actual Budget Report for the Department:
Expenditures (including pension cost): $45,654,950
Number of Households in City (2022): @41,488
Cost per Household: @$1,100
Number of Parcels in City (2024): @47,400
Cost per Parcel: @$963
Proposed Number of Households in Area: 0
Proposed Number of Parcels in Area:2
Cost for Annexation Area per year: 1,926 (2 parcels x $963/ parcel)
Edison Sundown Annexation Area 10
D. Neighborhood Services & Enforcement
The Annexation Area will be added to Area 2. The Division of Neighborhood Services &
Enforcement will be able to provide services to the Annexation Area with comparable response
times. The Division will respond to calls for service upon the effective date of the annexation.
Full and dedicated response will be in place within one year of the effective date of the
annexation.
2024 Actual Budget Report for the Division:
Expenditures: 7,311,315
Number of Parcels in City (2024): @47,400
Cost per Parcel: @$154
Proposed Number of Parcels in Area:2
Cost for Annexation Area per year: 308 (2 parcels x $154/ parcel)
E. Environmental Services
Wastewater Treatment-Wastewater treatment services are supported by user fees and are
paid through the Water Works billing system.
Solid Waste - Larger scale commercial or industrial customers are generally not served by the
Bureau of Solid Waste.
F. Administrative Services
The City of South Bend provides a wide range of services other than those noted above, such
as the Mayor's Office, the Legal Department, and Venues Parks &Arts.
These services are available upon the effective date of the annexation. Full and dedicated
response for non-capital services will be in place within one year of the effective date of the
annexation. Costs for these services have not been calculated.
The incorporation of the Annexation Area will not affect the provision of other services
currently provided to this property on a countywide basis. The St. Joseph County Health
Department, the St.Joseph County Public Library, and the St.Joseph County/South Bend
Building Department are among the countywide agencies that will continue to provide the
same type and level of services to the Annexation Area. Countywide services will continue to
be supported by the County and Township taxes that will remain in effect.
Edison Sundown Annexation Area 11
SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA
This proposed annexation will bring two properties into the City of South Bend. The petitioner
proposes utilizing the Annexation Area for warehousing. The Annexation Area is presently
zoned I Industrial District in unincorporated St. Joseph County. Farmland zoned I Industrial in
the City is located to the north and east. To the south, across Edison Road, are residential
dwellings zoned R Single Family District in unincorporated St. Joseph County. To the west,
across the St. Joseph Valley Parkway, is vacant land zoned I Industrial District in
unincorporated St. Joseph County.
According to a preliminary site plan, the petitioner proposes to retain the existing 43,000
square feet of warehouse space and construct a 13,000 square foot addition.
Any improvements or future changes must meet the City's applicable building, zoning, and
subdivision ordinances.
Edison Sundown Annexation Area 12
SECTION V. FISCAL IMPACT
1) Essential city services can be made available to the residents (and territory) of the
Annexation Area in a timely and comparable fashion per the requirements of State law and
this fiscal plan.
2) The City is financially able to support city services to the territory sought to be annexed.
3) Required improvements made by the petitioner and/or owner of the parcel(s) must be
made in accordance with the standards of the City of South Bend.
4) Required improvements made by the City, if any, will be completed within the time frames
provided by State law and this fiscal plan.
5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined
until bids are publicly solicited, contracts are awarded, and projects are closed out.
6) Property tax revenue and land assessment estimates are based on 2024 payable 2025 tax
information, assessments of comparable developments, estimates of units built, estimates of
unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are
subject to change every year, and property tax revenues may be subject to tax caps.
7) Department expenditures and revenues are derived from the City of South Bend Budget.
8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City-
wide average based on a particular budget year. In the case of the proposed development in
the Annexation Area, some of these services may not be required or possibly requested for
many years. Hence, the cost of providing services over the first five years should be evaluated
with this in mind.
Edison Sundown Annexation Area 13
TABLE 1
Summary Table - Estimated Fiscal Impact
Expenditures
Capital Non Capital
Notes 5-Year Total
Est.) Per Year (Est.)
Street Construction 0 0
Connection at
Sewer Extension 0 petitioner's 0
expense
Connection at
Water Extension 0 petitioner's 0
expense
Street Lights 0 0
Street Maintenance 0 9,987 49,935
Police 0 2,320 11,600
Fire 0 1,926 9,630
Neighborhood
0 308 1,540
Services
Approximate 5-Year Expenditures 72,705
Revenues Notes Total (Est.)5-Year Total
Year 1 7,091
Year 2 13,760
Property Taxes
Year 3 13,760 62,131
to City)
Year 4 13,760
Year 5 13,760
MVH/LRSA
Estimated at revenue
4,548 22,740
per mile of $32,487
Approximate 5-Year Revenues 84,871
Revenue estimate based on $414,700 net assessment and capped tax rate of 3% of
414,700 gross assessment in Year 1 and $804,700 net assessment and capped tax rate of
3% of $804,700 gross assessment for all years following.
Edison Sundown Annexation Area 14
LEGAL DESCRIPTION
A Part of the Southeast Quarter of Section 31, Township 38 North, Range 2 East, German
Township, St.Joseph County, Indiana, and being all of Lot 1 as said lot is known and
designated on the Recorded Plat of I.P.C. Minor Subdivision, Recorded in Plat Book 28, Page
1, in the St. Joseph County Recorder's Office; and also being a portion of lands conveyed to
the State of Indiana as described in Deed Record 688, Page 223, in said Recorder's Office;
and also being all of that land conveyed to State of Indiana as described in Instrument
Number 2021-13765; and a Part of the Northeast Quarter of Section 6, Township 37 North,
Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as
follows:
Beginning at the Northeast Corner of said Lot 1; Thence Westerly, along the North Line of said
Lot 1 and said Line Extended, a distance of 679 Feet, more or less,to the West Line of the
Limited Access Right of Way of the US 20/US 31 Bypass (aka, St. Joseph Valley Parkway);
Thence Southerly, along the Westerly Line of said Right of Way, 267 Feet, more or less, to the
Northeast Corner of said State of Indiana Land-Instrument Number 2021-13765; Thence
Westerly, along the North Line of said land, 50 Feet; Thence Southerly, along the West Line of
said land, 50 Feet; Thence Easterly, along the South Line of said land, 50 Feet, more or less,
to the Aforementioned West Line of the US 20/US 31 Bypass; Thence Continuing Southerly,
along said West Line and said West Line Extended 236 Feet, more or less, to the North Line of
Voght's Edison Road Second Addition, Recorded in Plat Book 17, Page V-2, in said Recorder's
Office; Thence Easterly, along the North Line of said Voght's Edison Road Second Addition
and the North Line of Voght's Edison Road Third Addition, Recorded in Plat Book 17 Page V-1,
a distance of 720 Feet, more or less, to a point lying on the Southerly Extension of the East
Line of said Lot 1; Thence Northerly, along said Extended Line and the East Line of said Lot 1,
a distance of 553 Feet, more or less to the Point of Beginning;
Containing 8.9 acres, more or less.
Edison Sundown Annexation Area 15
MAP 1
Edison Sundown Annexation Area
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a EDISON RD ..
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Edison Sundown Annexation Area 111111 City of South Bend
Prepared by the South Bend Department of Community Investment February 24,2025
April 23, 2025
CITY OF SOUTH BEND
COMMUNITY INVESTMENT
Council Member Troy Warner
Chairperson, Community Investment Committee
South Bend Common Council
County-City Building, 4th Floor
South Bend, Indiana 46601
Filed in Clerk's Office
APR 2 3 2025
Bianca Tirado C ity Clerk, South Bend, IN
RE: Declaratory Resolution: Multi-Family Development Real Property Tax Abatement for
Allen Edwin Residential Builders, LLC
Dear Council Member Warner,
Please find the enclosed Declaratory Resolution and supporting information pertaining to a tax
abatement petition submitted by Allen Edwin Residential Builders, LLC, a Michigan Limited
Liability Company. This petition package includes:
•Department of Community Investment's summary report
•Petition for abatement
•Statement of Benefits form (SB-1 / Real Property)
•Supporting information
The report contains the Department's findings relative to the above-mentioned petition. The
petitioner intends to build on the property at 603-621 W. Marion Street; 515-517 Leland
Avenue sixteen (16) new rental housing units in the form of single family, duplex, and cottage
court style housing. Allen Edwin's goal is to build quality infill housing which is desirable and
affordable to area residents.
The total investment for this project is $2.496,534. The project meets the qualifications for a
nine-year (9) multi-family development real property tax abatement.
A representative from Allen Edwin Resi'dential Builders, LLC, will be available to meet with the
Committee on Monday, April 28, 2025.
If you or other Council members have questions about the report or need additional information,
please feel free to call me at (574) 245-6022
Sincerely,
Joseph Molnar
Assistant Director, Growth and Opportunity
EXCELLENCE ACCOUNTABILITY INNOVATION I CLUSION EMPOWERMENT
14005 County-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.southbendin.gov
25-26
Filed in Clerk's Office
i!"Z237"5
BILL NO. 25-26 Bianca Tirado
RESOLUTION NO.City Clerk, South Bend, IN
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN
THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
Multiple Properties
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
NINE-YEAR (9) REAL PROPERTY TAX ABATEMENT FOR
Allen Edwin Residential Builders LLC
WHEREAS, a petition for real property tax abatement consideration has been filed with
the City Clerk for consideration by the Common Council of the City of South Bend, Indiana,
requesting that the area described as:
Key Number: 71-08-02-476-027.000-026
Local Parcel Number: 018-1055-2365
Commonly Known As: 621 W MARION ST
Legal Description: LOT 14 SMITH&JACKSONS SUB
Key Number: 71-08-02-476-028.000-026
Local Parcel Number: 018-1055-2366
Commonly Known As: 617 W MARION ST
Legal Description: LOT 12 EX 9'OFF E SIDE& LOT 13 SMITH&
JACKSON SUB PER OWNERS REQ CONS W/18
1055 2367 DEL 05/06
Key Number: 71-08-02-476-047.000-026
Local Parcel Number: 018-1055-2343
Commonly Known As: 615 W MARION ST
Legal Description: S 1/2 LOT 11 EX 6 WLY SIDE KENT&
GARRISON ADD
Key Number: 71-08-02-476-048.000-026
Local Parcel Number: 018-1055-2342
Commonly Known As: 611 W MARION ST
Legal Description: LOT 10 &ALLEY ADJ AND N 1/2 LOT 11 EX 6"
WLY SIDE KENT& GARRISON ADD
Key Number: 71-08-02-476-049.000-026
Local Parcel Number: 018-1021-0869
Commonly Known As: 607 W MARION ST
Legal Description: LOT 66 W 1-2 HENRICKS& GRANTS
Key Number: 71-08-02-476-051.000-026
Local Parcel Number: 018-1021-0868
Commonly Known As. 603 W MARION ST
Legal Description: 54 FT S END E 1-2 LOT 66 54 FT S END LOT 65
HENRICKS& GRANTS
Key Number: 71-08-02-476-045.000-026
Local Parcel Number: 018-1055-2341
Commonly Known As: 515 LELAND AVE
Legal Description: EX N END LOT 28 KENTS SUB BOL 114
Key Number: 71-08-02-476-044.000-026
Local Parcel Number: 018-1055-2340
Commonly Known As: 517 LELAND AVE
Legal Description: 10.2 FT S SIDE LOT 5 N PT LOT 28 KENTS SUB
BOL 114
be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-
12.1 et seq. and South Bend Municipal Code Sections 2-76 et seq.; and
WHEREAS, the petitioner has agreed to and has accepted responsibility to report any
changes in the Key Numbers and legal descriptions to the Department of Community Investment
and to the Office of the City Clerk; and
WHEREAS,the Department of Community Investment has concluded an investigation and
prepared a report with information sufficient for the Common Council to determine that the area
qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1 et seq. and South
Bend Municipal Code Sections 2-76 et seq., and has further prepared maps and plats showing the
boundaries and such other information regarding the area in question as required by law; and
WHEREAS,the Community Investment Committee of the Common Council has reviewed
said report and recommended to the Common Council that the area qualifies as an Economic
Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the Petition for Real Property
Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the
requirements of Indiana Code 6-1.1-12.1 et seq. for tax abatement.
SECTION II. The Common Council hereby determines and finds the following:
A. That the description of the proposed redevelopment or rehabilitation meets the
applicable standards for such development;
B. That the estimate of the value of the redevelopment or rehabilitation is reasonable
for projects of this nature;
C. That the estimate of the number of individuals who will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to result from the
proposed described redevelopment or rehabilitation;
D. That the estimate of the annual salaries of those individuals who will be employed
or whose employment will be retained by the Petitioner can be reasonably expected to result from
the proposed redevelopment or rehabilitation;
E. That the other benefits about which information was requested are benefits that can
be reasonably expected to result from the proposed described redevelopment or rehabilitation; and
F. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
SECTION III. The Common Council hereby determines and finds that the proposed described
redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the
Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement
Consideration and the Memorandum of Agreement between the Petitioner and the City of South
Bend, and that the Statement of Benefits form completed by the petitioner, said form being
prescribed by the State Board of Accounts, is sufficient to justify the deduction granted under
Indiana Code 6-1.1-12.1-3.
SECTION IV. The Common Council hereby accepts the report and recommendation of the
Community Investment Committee that the area herein described be designated as an Economic
Revitalization Area and hereby adopts a Resolution designating the area as an Economic
Revitalization Area for purposes of real property tax abatement.
SECTION V. The designation as an Economic Revitalization Area shall expire on December 31,
2027.
SECTION VI. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of nine (9) years as shown by the schedule
outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17.
Year 1 - 100%
Year 2 - 95%
Year 3 - 90%
Year 4 - 85%
Year 5 - 80%
Year 6 - 75%
Year 7 - 70%
Year 8 - 65%
Year 9 - 60%
SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana
Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration.
SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Canneth Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana, on the day of 2025, at
o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend
TAX ABATEMENT REPORT
Filed in Clerk's Office
APR 2 3 2025
TO: South Bend Common Council Bianca Tirado
City Clerk, South Bend, IN
FROM: Joseph Molnar, Assistant Director, Growth and Opportunity
SUBJECT: Multi-Family Development Real Property Tax Abatement Petition
for Allen Edwin Residential Builders, LLC
DATE: 04/23/25
On April 23, 2025, a petition for tax abatement from Allen Edwin Residential Builders, LLC, was
filed with the Office of the City Clerk. The petition seeks consideration for a multi-family
development real property tax abatement for property 603-621 W. Marion Street; 515-517
Leland Avenue in South Bend.
Pursuant to Chapter 2, Article 6, Section 2-84.9 of the Municipal Code of the City of South
Bend, the petition was referred to the Department of Community Investment for purposes of
investigation and preparation of a report determining whether the area qualifies as an Economic
Revitalization Area pursuant to Indiana Code 6 1.1-12.1 and all zoning requirements have been
met.
The Department of Community Investment has reviewed the petition, investigated the area, and
makes the following report.
Project Summary
The petitioner, Allen Edwin Residential Builders LLC (Allen Edwin), has partnered with
the South Bend Redevelopment Commission to build new housing on currently vacant
land located at the Marion-Leland intersection, one block north of Lincoln Way West.
The Commission has an active Purchase Agreement to sell the land to the petitioner for
the purpose of constructing new housing.
The project will consist of 16 new rental housing units in the form of single-family,
duplex, and cottage court style housing.
Through this project, Allen Edwin is also partnering with the City through the Infill
Housing Financing Gap Subsidy Program, which will provide the developer with a
62,500 per-unit construction subsidy for 12 units up to a total of$750,000. All of the 12
units under this program will be affordable workforce rentals for households earning
120% or less of the Area Median Income.
Construction costs for this project are estimated to be $2.5 million.
The project will greatly contribute to the surrounding area, activate long-vacant land, and
provide affordable housing options for residents of South Bend. The new housing will
help connect residents to the ongoing and planned development on the north side of
downtown South Bend. The proximity of the project to City amenities, including bike
trails, will further accelerate momentum being seen on the west and northwest
neighborhoods.
Employment Impact
Per this petition and supporting material, there are no direct jobs created by the project. Since
these are rentals, Allen Edwin will manage the properties directly.
There will be considerable job opportunities for the construction of the new housing and the
petitioner has committed to using as much local labor as possible.
Tax Estimates
The petitioner qualifies for a nine-year(9) multi-family development real property tax abatement.
Current estimated combined annual real property taxes: $816
o Actual annual taxes $0 (zero) because the property has been owned by the
South Bend Redevelopment Commission.
Estimated combined annual taxes after the project's completion: $35,886
Total estimated combined taxes during the nine-year(9) abatement period: $322,977
o Estimated taxes being abated during the abatement period: $189,799
o Estimated total taxes to be paid during the abatement period: $133,178
Abatement Qualification
1. A review of the tax abatements previously granted finds that the petitioner has not been
granted a tax abatement previously.
2. The property is properly zoned for the proposed project.
3. Taxes on the property have been paid in full.
4. A review of the South Bend Redevelopment designation areas finds that the property is
in the River West Development Area.
5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets
the qualifications for a nine-year(9) multi-family development real property tax
abatement under under Division 2 (Residential Development Real Property Tax
Abatement), Section 2-77 (Multi-Family Residential Developments).
2
9-Year Abatement April 22,2025
Allen Edwin Residential Builders, LLC
South Bend Portage Township
Residential Real Property Tax Abatement Schedule'
Type of Dwelling: Multi-Family Residence -16 units-
Estimated Project Cost: $ 2,496,534 New Construction
Property Address: 603-621 W.Marion Street;515-517 Leland Avenue
Tax Key Number: Multiple Properties
Without
Current Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9
Assessed Value(AV)
Land 24,300 $ 24,300 $ 24,300 $ 24,300 $ 24,300 $ 24,300 $ 24,300 $ 24,300 $ 24,300 $ 24,300 $ 24,300
Structure(AV=60%Project Cost)1,497,920 1,497,920 1,497,920 1,497,920 1,497,920 1,497,920 1,497,920 1,497,920 1,497,920 1,497,920
Gross Assessed Value 24,300 1,522,220 1,522,220 1,522,220 1,522,220 1,522,220 1,522,220 1,522,220 1,522,220 1,522,220 1,522,220
Abatement 100%95%90%85% 80%75%70%65%60%
Abatement Deduction 1,497,920) (1,423,024) (1,348,128) (1,273,232) (1,198,336) (1,123,440) (1,048,544) (973,648) (898,752)
Net Assessed Value 24,300 1,522,220 24,300 99,196 174,092 248,988 323,884 398,780 473,676 548,572 623,468
Property Taxes
Assume constant tax rate of 5.0426%
Gross Tax(Tax Rate x Net AV)1,225 76,759 1,225 5,002 8,779 12,555 16,332 20,109 23,886 27,662 31,439
Local Tax Credit(10.1130%of GT-DS) 115) (7,212)115)470)825) (1,180) (1,535) (1,889) (2,244) (2,599) (2,954)
Circuit Breaker Credit 294) (33,661)
Taxes Due 816 $ 35,886 $ 1,110 $ 4,532 $ 7,954 $ 11,376 $ 14,798 $ 18,219 $ 21,641 $ 25,063 $ 28,485
3% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2%
Circuit Breaker Cap 729 30,444 30,444 30,444 30,444 30,444 30,444 30,444 30,444 30,444 30,444
Debt Service(0.3575%of Net AV) 87 5,442 87 355 622 890 1,158 1,426 1,693 1,961 2,229
Max Tax Under the Cap 816 35,886 30,531 30,799 31,067 31,335 31,602 31,870 32,138 32,406 32,673
Existing
New
Net Taxes
Year Abatement
Taxes
Projected Total Taxes Taxes Abated
Paid
Taxes
1 100% $ 816 $ 35,070 $ 35,886 $ (34,776) $ 1,110
2 95% 816 35,070 35,886 (31,354) 4,532
3 90% 816 35,070 35,886 (27,932) 7,954
4 85% 816 35,070 35,886 (24,511) 11,376
5 80% 816 35,070 35,886 (21,089) 14,798
6 75% 816 35,070 35,886 (17,667) 18,219
7 70% 816 35,070 35,886 (14,245) 21,641
8 65% 816 35,070 35,886 (10,823) 25,063
9 60% 816 35,070 35,886 (7,401) 28,485
Total: 7,343 315,634 322,977 (189,799) 133,178
This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2024 Payable 2025. c.e , Department of Community Investment
The true tax values will ultimately be determined by the actual assessed valuation and the then-current tax rates.
a • '
city of South Bend
City of South Bend Instructions:Complete pages 1-3
AND the proper Form SBA.for l
Petition for Incentives the type of abatement(real
property or personal property)
1
Petition must include a$ZSO filing fee payable to the for which you are applying. re5s
City of South Bend"before processing can be complete
General Information Project Name I cottage court@Uncoin Way Project Number
Legal name as registered with
Secretary of State Allen Edwin Residential Builders.LLC"or related entity with common owners
Business structure LLC
Company website https:(/www.allenedwin.cc,
Proposed Project Information
Proposed project address
Parent company name
611 W Marion Street
City,State,Zip nd,IN 46616
Legal owner Currently owned by COSB
site acreage or acreage required 0.554 Acres or leasedr
tate owned I
Square feet of facility If leased,by whom?
Primary Contact Information
Primary company contact name Brian Farkas
Tide Director of Workforce Housing
Address of company contact 795 Clyde Ct SW
Phone 248-412-3407 I
City,State,Zip Byron Center,MI 49315
Email ..'arkas@allenedwin.corl
Senior Official Information
Company senior official name Tom Larabel
Title VP of Land
Address of company contact Phone (616)878-1748 Ext.424
Of different from above)
City,State,zip
Email 'arabel@allenedw,n.corn
Consultant Information/Agent
Hired business consultant/agent name
Consultant release?(Y/N)
Address Local economic development partners
approval?(Y/N)
City,State,Zip Email
Project Overview
eriefdesuiptlonofyour The project includes the construction of twelve(12)single family residential units in a cottage
company,project,and why the court that will contain 2 bedrooms.All units will be affordable workforce rentals.In addition to the
property Is necessary for cottage court,4 single family home will be built on the adjacent vacant parcels as well.The goalseconomicgrowthoftheprogramaretoDevelopinfillhousingconsistentwiththeAnalysisofResidentialMarket
Potential and existing neighborhood and community plans;
Promote development of a range of housing types that enhance the appearance,value,and
character of the surrounding neighborhood;
Build a neighborhood scale products that fit the character and context of the surrounding
neighborhood;
Provide a quality infill housing product which is desirable and meets the needs of area residents:
Provide a variety of housing types at varying price points;
Develop infill housing that is consistent with principles for an urban walkable neighborhood;
Incorporate principles of place making,urban planning,and urban design;and
Ensure attractive,well designed development that enhances the neighborhood and City's image.
Certified Technology Park appropriate N/A
Is the project in a Tan Incremental Flnandng
TIF)area? If so,which? River West
Have Building Permits been issued?(YIN) Number of residemfal units created by
Note-Not eligible for abatement if Yes] N ilmilea
1
If this Is a petition for personal property tan abatement,has
NtheequipmentbeenInstalled?
Investment Details
Public Infrastructure needs Has any Soo funding been What is the value of any equipment being purchased In What is the value of any equipment being
Off-site of project In dollars) received? Indiana for the project? purchased from out of state for the project?
N'A N,A N ,A N A
ew Project Investments
lendar Year 2023 2024 2025 2026 2027 2028 2029 2030
hand Acquisition
Building Lease Payments
uiiding Purchase Costs
New Building ConstructionS 2,496 934.00
Existing Building improvements
NNew Machinery&Equipment
I4
Special Tooling/Retooling
New Furniture/Fixtures
New Computer/R Hardware
New Software I
VOn-siteRallInfrastructure
iOn-site Fiber Infrastructure III
TOTAL i $0.00 $0.00I$2,496,534.00 $0-00 $0.00 $0.00 $0.00 $0.00 f
Full-Time Permanent Indiana-Resident Positions by Calendar Year
Calendar Year lobs retained Hourly Cumulative it of net NEW full time Hourly average wage,w/o Total training Total ft to be
average permanent jobs created at project benefits or bonuses,of expenditure- trained-not
wage,w/o
benefits orr
cumulative net new jobs not cumulative
bonuses cumulative
2024
202S
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
Provide hourly wage Information for new employees in the following positions.
Full time Part time
Laborers
Technical
Managerial
Administrative
Who will be the individual responsible for coordinating
with WorkOne on recruiting?
Does your company have an EEO hiring policy? Are you.n EEO employer?
Please list the number of full time and part time minority and/or female Please describe your commitment to
employees for the following years: diversity and Inclusion by detailing your
Year
outreach and recruitment efforts for the last
three years as well as current policies.
FullTime Part Time Full Time Part Time Full Time Part Time
Black
See cover letter
Hispanic
Asian
Indian
Female
Other
Complete the table below for Real Property Tax Abatement only.
Sign at the bottom for all requested incentives(real AND personal property).a a
Public Benefit Item:
Information is required on both the construction companies and the
companies which will provide materials purchased for this project.
qualify
Please complete the table below with the appropriate information. If (
Yes or No)
Earned Points Available Points
you qualify for the points,please enter the full amount of available
points.
1 Construction Related(Contractors):
A. Employ Local Companies(75%) 20 20
B. Purchase Materials from Local Companies(75%) I 20 20
II
C. Require Employees vs.Independent Contractors I 0 19
D. Require Prevailing Wage 0 22
I E. Require Health Benefits 0 22
F. Require Retirement Benefits 0 18
G. Maintain Affirmative Action Plan n 20
Sub-total Construction Related:
2 Wage&Benefit Related(Owner):
A. Pay Target Wage Levels 0 33
B. Provide Health Benefits 34 34
C. Provide Retirement Benefits 29
D. Provide Training
28
E. Provide Child Care
0 15
F. Provide Transportation Assistance 14 14
G. Provide Employer Assisted Housing program 0 9
Sub-total Wage&Benefit Related: n` 11-
3 Workforce Related:
A. Create New Jobs 42
B. Retain Existing Jobs 41
C. Maintain Affirmative Action Plan 35
D. Provide Targeted Hiring Preference 34
Sub-total Workforce Related: 0 152
4 Support a Municipal Facility:
Support a SB Municipal Facility(donations to the
A.
zoo,conservatory,museum,etc.)
84 4
Name of Facility Morns Performing Arts Center
I Sub-total Municipal Facility:
Sub-total from Above: 224
The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City
of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and
South Bend Municipal Code Sec.2-76 et seq.,for this petition state the above.
Submitted By:Date:
For Staff Use Only Below This Line
What is the current assessed value? Real Property: 3, Voo Personal Property:
What Is the projected assessed value? Real Property:
c
I /`;L
Personal Property:
What is the tax key number(s)for this protect?
r// 7(!
1`
0p(.
I
pQrk-/-
What is the six digit NAICS code? 310
Please attach a Google map and street view of the location.
Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes:
paid for the last five years when applicable.
Tax Year 2023/Pay 2024 0///y t
Tax Year 2022/Pay 2023 3'Yf
Tax Year 2021/Pay 2022Tax
J
Tax Year 2020/Pay 2021
Tax Year 2019/Pay 2020
Please fill out the following Public Benefit Summary Information and add to total from above.
JY or Ni i Points I Points
Public Benefit Item:
Project Related:
5 A. Redevelop a Site that has Special Needs i 49
s
B. Develop Based on Local University Research 35
C. Achieve a Physical Element of a Plan Y 3‘ 36
Sub-total Project Related: 120
6 Super Size Projects(point values are cumulativej:
A. 100%to 199% f 25
B. 200%to 299% N o3
C. 300%to 399% 65
D. 400%and Over 17 522
Sub-total Super Size Projects: cX s 210
7 Pay for Municipal Infrastructure:
y/ L/
A. Pay for Oversizing or Upgrading f
14
0. Pay for 26-50%of Extension Cost 26
t
C. Pay for 51-75%of Extension Cost j/ 39
D. Pay for 76-100%of Extension Cost l` 52
r"
Sub-total Infrastructure Related:7 I 131
Total from Applicant Section- 229 539
Total from Staff Section: Irk'I 461
Total Public Benefit Points: 3 S 3 1000
EDWIN HOMES
Erik Glavich
Director, Growth and Opportunity
Department of Community Investment
City of South Bend
Dear Erik,
We are pleased to submit our Petition for Incentives for the development of new housing in
South Bend.As a Michigan-based,family-owned company with over 30 years of
experience,Allen Edwin Homes(AEH) is committed "To build homes that enrich the lives of
our customers and those who build them.' Our commitment to diversity and inclusion
begins with recruitment and extends across our entire team.We embrace individual
differences and value diverse perspectives, striving to foster an inclusive environment that
reflects the communities we serve.
This project will deliver a Cottage Court containing 6 single family homes and 4 townhome
units, a corner duplex, and 4 single family homes for a total of 16 units.
Our plan aligns with the City's goals for urban revitalization, walkable neighborhoods, and
high-quality infill housing that is both aesthetically appealing and financially accessible.
This project is exclusively focused on developing new affordable housing and will not
generate any new full-time jobs. However,there will be some indirect opportunities in areas
such as maintenance and landscaping.
AEH has successfully built over 10,000 homes across Michigan, Ohio, and Indiana,
demonstrating our ability to deliver projects of this scale and significance. We remain
financially strong, employing a conservative capital strategy to ensure stability and success
in all our developments.
We are excited about the opportunity to work with the City of South Bend to bring this vital
housing initiative to life. Please feel free to contact us with any questions or to discuss next
steps.
Sincerely,
Brian Farkas
Allen Edwin Homes, Director of Workforce Housing
A,'
EDWIN HOMES
Map of Trade Partners:
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Indiana Trade Partners: 80
South Bend Trade Partners: 10
STATEMENT OF BENEFITS 2025-PAY 2026>-
I $ REAL ESTATE IMPROVEMENTS
State Form 51767(R7/1-21) FORM SBA/Real Property
Prescribed by the Department of Local Government Finance
PRIVACY NOTICE
This statement is being completed for real property that qualifies under the following Indiana Code(check one box): Any information concerning the cost
O Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4) of the property and specific salaries
paid to individual employees by the
Residentially distressed area(IC 6-1.1-12.1.4.1) property owner is confidential per
IC 6-1.1-12.1-5.1.
INSTRUCTIONS.
1. This statement must be submitted to the body designating the Economic Revitalization Area poor to the public heanng if the designating body requires
information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be
submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to Claim a deduction.
2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of
the redevelopment or rehabilitation for which the person desires to claim a deduction.
3 To obtain a deduction,a Form 322/RE must be filed with the county auditor before May 10 in the year in which the addition to assessed valuation is
made or not later than thirty(30)days after the assessment notice is mailed to the property owner if it was mailed after April 10. A property owner who
failed to file a deduction application within the prescribed deadline may file an application between January 1 and May 10 of a subsequent year.
4. A property owner who files for the deduction must provide the county auditor and designating body with a Form CF-1/Real Property The Form CF-1/Real
Property should be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction is applicable
IC 6-1 1-12.1-5.1(b)
5. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each
deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body
remains in effect. IC 6-1.1-12.1-17
SECTION 1 TAXPAYER INFORMATION
Name of taxpayerEdwin Residential Builders, LLC
Address of taxpayer
Number and Street: 2186 E. Centre Avenue city Portage State. MI ZIP, 49002
Name of contact person Telephone number E-mail address
First Name. Last Name'
SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT
Name of designating body Resolution number
Common Council of the City of South Bend
Location of property 1 County DLGF taxing district number
Number and Street: Multiple City.
South Bend
State; IN ZIP;
46601 St. Joseph 026(South Bend-Portage)
Description of real property improvements,redevelopment,or rehabilitation(use additional sheets if necessary) Estimated start date(month day,year)
Construction of 12 single family residential units a cottage court along with 4 single family homes.Parcels: 7/15/2025
71-08-02-476.027.000-026;71-08-02 476-028.000-026.71-08-02-476-044.000-026:71-08-02-476-045.000-026.
71-08-02-476-047 000.026:71-08-02-476-048.000-026,71-08-02-476.049 000-026:71-08-02.476.051.000-026 Estimated completion date(month,day,year)
12/31/2027
SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT
Current Number Salaries Number Retained Salaries Number Additional Salaries
SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT
REAL ESTATE IMPROVEMENTS
COST ASSESSED VALUE
Current values 8 0 0
Plus estimated values of proposed project 2.496,534 1,497,920
Less values of any property being replaced o o
Net estimated values upon completion of project 2,496,534 1 497.920
SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER
Estimated solid waste converted(pounds) 0Estimated hazardous waste converted(pounds)
Other benefits
Affordable workforce housing
SECTION 6 TAXPAYER CERTIFICATION
I hereby certify that the representations in this tatement are true.
Signature of author zed representative Date signed(month,day,year)
1...........4Pn'1 l , ZoZS
Printed name of ut onzed represen Title
f
1 OretQt i 4. Lc(ak( V s .t. 3'414 a 114'
Page 1 of 2
FOR USE OF THE DESIGNATING BODY
We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed
under IC 6-1.1-12.1,provides for the following limitations:
A. The designated area has been limited to a period of time not to exceed N/A calendar years'(see below). The date this designation
expires is 1 2/i 1/2027 . NOTE:This question addresses whether the resolution contains an expiration date for the designated area
B. The type of deduction that is allowed in the designated area is limited to:
1.Redevelopment or rehabilitation of real estate improvements Yes No
2.Residentially distressed areas DYes mNo
C. The amount of the deduction applicable is limited to$ N/A
D. Other limitations or conditions(specify) N/A
E. Number of years allowed: Year 1 Year 2 Year 3 Year 4 Year 5 ('see below)
Year 6 Year 7 Year 8 Year 9 Year 10
F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17?
Yes No
If yes,attach a copy of the abatement schedule to this form.
If no,the designating body is required to establish an abatement schedule before the deduction can be determined.
We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have
determined that the totality of benefits is sufficient to justify the deduction described above.
Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year)
Printed name of authorized member of designating body Name of designating body
Common Council of the City of South Bend
Attested by(signature and title of attester) Printed name of attester
If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a
taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17.
A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013,the deductions established in IC
6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30,
2013,the designating body is required to establish an abatement schedule for each deduction allowed. Except as provided in IC 6-1.1-12.1-18,the
deduction period may not exceed ten(10)years. (See IC 6-1.1-12.1-17 below.)
B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement
schedule approved by the designating body remains in effect.For a Form SB-1/Real Property that is approved after June 30,2013,the designating
body is required to establish an abatement schedule for each deduction allowed.(See IC 6-1.1-12.1-17 below.)
IC 6-1.1-12.1-17
Abatement schedules
Sec.17.(a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under
section 4 or 4.5 of this chapter an abatement schedule based on the following factors:
1) The total amount of the taxpayer's investment in real and personal property.
2) The number of new full-time equivalent jobs created.
3) The average wage of the new employees compared to the state minimum wage.
4) The infrastructure requirements for the taxpayer's investment.
b)This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule
for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of
the deduction. Except as provided in IC 6-1.1-12.1-18,an abatement schedule may not exceed ten(10)years.
c)An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under
the terms of the resolution approving the taxpayer's statement of benefits.
Page 2 of 2
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April 22, 2025
City of South Bend
PLAN COMMISSION
Honorable Committee Chair Davis
4th Floor, County-City Building
South Bend, IN 46601
RE: 1144 and 1148 Sorin Street -PC#0254-25
Dear Committee Chair Davis:
County-City Building
227 W. Jefferson Blvd. 1400S
South Bend, IN 46601
(574)235-7627
www.southbendin.gov/zoning
Filed in Clerk's Office
Bianca Tirado
City Clerk, South Bend, IN
Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced
location. Please include the attached Ordinance on the Council agenda for first reading at your
April 28th, 2025, Council meeting, and set it for public hearing at your May 28th, 2025 Council
meeting. The petition is tentatively scheduled for public hearing at the May 19th, 2025 South Bend
Plan Commission meeting. The recommendation of the South Bend Plan Commission will be
forwarded to the Office of the City Clerk by noon on the day following the public hearing.
The petitioner provided the following to describe the proposed project:
Petitioners desire to rezone the property from U1 Urban Neighborhood 1 to U2 Urban
Neighborhood 2.
If you have any questions, please feel free to contact our office.
Sincerely, vr�
Timothy P. Staub
Zoning Specialist
CC: Bob Palmer
Tim Corcoran
Planning Director
Tim Corcoran
Interim Zoning Administrator
Scott Ford
Commission President
29-25
Filed in Clerk's Office
APR 2 3
BILL NO. 29-25
Bianca Tirado
ORDINANCE NO.
City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
1144 SORIN STREET AND 1148 SORIN STREET COUNCILMANIC DISTRICT NO. 4
IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone the property from U1 Urban Neighborhood 1 to U2 Urban
Neighborhood 2.
NOW, THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the
Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order
that the zoning classification of the following described real estate in the City of South Bend, St.
Joseph County, State of Indiana:
LOT 13 AND LOT 14 OF PARK PLACE 1 sT ADDITION TO THE CITY OF SOUTH
BEND, INDIANA
COMMONLY KNOWN AS 1144 AND 1148 SORIN STREET
be and the same is hereby established as U2 Urban Neighborhood 2
SECTION II. This ordinance is and shall be subject to commitments as provided by
Chapter 21-12.07(0(7) Commitments, if applicable.
SECTION III. This Ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the mayor, and legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Canneth Lee, Council President
South Bend Common Council
Attest:
Bianca Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2025, at
o'clock . m.
Bianca Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
2 -
City of South Bend 227 UV Jefferson Suite 1400S
South Bend. IN 46601
PLAN COMMISSION
zoning@southbendin gov
Petition for Rezoning or Combined Public Hearing
Property Information G18_son_aa(,3 01s-50ts).- dk4
Tax Key Number71-09-06-351-015.000-026; 71-09-06-351-016.000-026
Address: 1144 & 1148 Sorin Street South Bend, Indiana 46617
Owner:
Legal Description:
Filed in Clerk's OfficeLot13ParkPlace1stAddition
Lot 14 Park Place 1st Addition
APR 2 3 2025
Bianca Tirado
City Clerk, South Bend, IN
Project Summary
The project is a 6-lot cottage court layout located on the SW corner of Arthur & Sorin Street.
Parking is on the alley side with an artistic internal sidewalk layout.
Requested Action
Application includes (check all that apply)
0 Rezoning
Current District: U1 Urban Neighborhood 1 Additional Districts, if applicablE
Proposed District U2 Urban Neighborhood 2 Additional Districts, if applicablE
The Plan Commission and Council will consider the following in the review of a rezoning petition:
1) The comprehensive Plan;
2) Current conditions and the character of the current structures and uses in each district;
3) The most desirable use for which the land in each district is adapted;
4) The conservation of property values throughout the jurisdiction;and
5) Responsible development and growth.
Subdivision — complete and attach subdivision application
Special Exception — complete and attach Criteria for Decision Making
Use requested:
Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Article 21-03.04 (d) Building Setbacks - 12' front; 5' rear; Lot depth 46'
Article 21-03.04 (f) Building Form - Building Orientation front on lot 5
Articel 21-08.02 (3) Building Height - 2 stories; Building units 6
Required Documents
E Completed Application (including Contact Information)
Site Plan drawn to scale
EFiling Fee
Additional documents as noted above
Criteria for Decision Making
Variance(s) -if applicable
State statutes and the Zoning Ordinance require that certain standards must be met before a
variance can be approved. Please address how the project meets the following criteria:
1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community, because:
The approval of the front, rear, lot depth, height, units and building form
frontage) will not affect the health safety and welfare of the community. The
building form of the cottage court with size, orientation and applicable
development standards criteria fit the form of the existing neighborhood and
does not negatively affect development patterns with any conflicts to the use of
the orooertv.
2)The use and value of the area adjacent to the property included in the variance will
not be affected in a substantially adverse manner, because:
The use and value of the area adjacent to the property included in the variance
will not be affected by front, rear, lot depth, height, units and building form
variances. The layout fits what is considered good building form and allows for
pedestrian access, open air, light to exist on this property and adjacent property
to the west and south. The height is similar to existing buildings in the
neighborhood and the setbacks needed are also similar to what exists in
3)The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property, because:
The strict applications of the terms of this ordinance would result in practical
difficulties if lot lengths were to be reorganized to fit lesser home on slightly
bigger lots. Lot width is in excess and offsets whatever shortage in length;
applying setbacks to each building is in excess when the cottage court form has
predetermined layout to face homes to the interior, as it appears the building
form is dismissed in place of standards for each lot; Building height reduction
in
4) The variance granted is the minimum necessary, because:
The variance granted is the minimum necessary to have a preferred layout of a
cottage court form based housing development. Variances determined for the
height, building form (frontage), placement and quantity are needed to fit the
buildings on the lots. Layout and arrangement of structures is first approach to
making the building form work and have a desired feel because of how the
fronts of the structures are oriented. The design is purposefully and the
5)The variance does not correct a hardship caused by a former or current owner of
the property, because:
The variance does not correct a hardship as this is the preferred layout of the
cottage court with interior facing buildings. This is planned by design and is also
presented in this manner to give the most ideal function of these structures. No
hardship is created as it is a planned community.
Contact information
Property owner(s) of the petition site:
Name: Coorsmith Properties, LLC
Address: 3566 Douglas Road
South Bend, In 46635
Name:
Address:
Name:
Address:
Contact Person:
Name: Abonmarche Consultants. Inc. - Chris Godlewski
Address: 315 W. Jefferson Blvd
South Bend, In 46601
Phone Number: 574 393 9804
cgodlewski@abonmarche.com
E-mail.
By signing this petition, the Petitioner/Property Owners of the above described Real
Estate acknowledge they are responsible for understanding and complying with the
South Bend Zoning Ordinance and any other ordinance governing the property.
Failure of staff to notify the petitioner of a requirement does not imply approval or
waiver from anything contained within the ordinance.
The undersigned authorizes the contact person listed above to represent this petition
before the South Bend Plan Commission and Common Council and to answer any and
all questions related to this petition.
Property Owner (s) Signatures:
sail! U n ui m 0 a
i ueld NIe2n w 1!s OAJU AODUT o: f gy ZAM0"9f5'N S..04,I 0
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