The URL can be used to link to this page

Home My WebLink About05-13-13 Agenda & PacketA(,FNT)A SOUTH BEND COMMON COUNCIL MEETING MONDAY, MAY 13, 2013 7:00 P.M. 1. INVOCATION — REV. FRED PRESTON 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB— COMMITTEE ON MINUTES 5. SPECIAL BUSINESS ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE — KATHRYN ROOS— DEPUTY CHIEF OF STAFF 13 -35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING THE WEEK OF MAY 12TH THROUGH MAY 18TH, 2103 AS POLICE OFFICERS MEMORIAL WEEK IN SOUTH BEND, INDIANA 13 -31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING THE MANY POSITIVE OUTREACH PROGRAMS OF MAMAS AGAINST VIOLENCE ON THE LOTH YEAR ANNIVERSARY 6. REPORTS OF CITY OFFICES — REPORT FROM THE BUILDING COMMISSIONER — CHUCK BULOT (15 MINUTES) 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: 113861 ■,oNll 11 -13 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3801 W. WESTERN AVENUE, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 14 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 6 -37.2 ADDRESSING ACCOUNTABILITY OF GOVERNMENT ACTIONS ON BUILDINGS DECLARED VACANT OR ABANDONED 18 -13 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 6 -6.6 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS 8. BILLS, THIRD READING TIME: I:11mme wffiilp 11 -13 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL. EXCEPTION FOR PROPERTY LOCATED AT 3801 W. WESTERN AVENUE, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 14 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 6 -37.2 ADDRESSING ACCOUNTABILITY OF GOVERNMENT ACTIONS ON BUILDINGS DECLARED VACANT OR ABANDONED 18 -13 THIRD READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 6 -6.6 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS 9. RESOLUTIONS BILL NO. 13 -18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR A TEMPORARY MORATORIUM ON DEMOLITION OF BUILDINGS WHICH ARE NOT A HEALTH AND PUBLIC SAFETY HAZARD 10. BILLS, FIRST READING BILL NO. 19 -13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY SOUTH OF INDIANA AVENUE FROM ST. JOSEPH STREET EAST APPROX. 200 FEET TO THE NORTH /SOUTH ALLEY, AND A WIDTH OF 14 FEET 20 -13 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5661 F.J. NIMTZ PARKWAY AND THE VACANT PROPERTY EAST OF AND ADJACENT TO AND WEST OF AND ADJACENT OT 5661 F. J. NIMTZ PARKWAY, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA 21 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR APPROXIMATELY 85 ACRES LOCATED AT THE SOUTHEAST CORNER OF SAMPLE STREET AND PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA 22 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5 -15 (a) AND (d) OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 23 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE TOTAL SUM OF $30,575.00 WITHIN CITY GENERAL FUND #101 FOR A NEW EMPLOYEE POSITION AND FOR PROFESSIONAL ASSOCIATIONS DUES 24 -13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013 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. l 3 "3 i Resolution No. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING THE WEEK OF MAY 127H Wr the South Bend Common Council recognizes that the National Law Enforcement Officer Memorial in Washington, D.C. is the Nation's monument to federal, state and local enforcement officers who have made the ultimate sacrifice in the line of duty while serving and protecting their communities as a sworn officer; and the Common Council further recognizes that on Friday, May 10, 2012 at 7:30 p.m., the Fraternal Order of Police, Lodge # 36 held their Annual Tribute and Memorial Service , to honor the frfeen (IS) South Bend Police Department Officers who gave their lives in the line of duty while protecting our City. Therefore, on behalf of a very grateful South Bend Community, the Common Council wishes to honor each of these very special Police Officers: { Hans Brandt Paul R. Deguch Fred E. Buland Charles E. Farkas, Sr. Oscar Christenson Thomas J. Define, Sr. Samuel Cooper Ronald St. Germain, Sr Lewis Keller Delbert Thompson Neil McIntyre Lloyd Thompson Nick S. Polizzotto Howard Wagner Scott Lee Severns The Common Council rededicates itself to honoring each of these 15 fallen officers, who are among the 20,000 law enforcement officers in America who have given their lives in the line of duty since 1791, with the name of each officer being engraved on the walls of the National law Enforcement Officers Memorial depicted above, as well as on the monument at the South Bend Police Headquarters. AGOm Aian ro/aad *o10 101Or'' n'+�9��0 .9� ✓ 'vd .�hdlanm, as follows Section I. The South Bend Common Council recognizes that approximately 900,000 law enforcement are currently serving across America; and that in 2012, 119 officers made the ultimate sacrifice. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates and gratefully honors each and every one of these police officers, and in particular the fifteen (15) fallen members of the South Bend Police Department, who died while serving and protecting the residents of the City of South Bend, Indiana. Section II. The Common Council hereby declares May 12i" — May 18's , as Police Officers Memorial Week in South Bend, Indiana, which will coincide with National Police Week being celebrated across our great nation. The Common Council urges all citizens to remember and thank our dedicated police officers who are serving today as part of the "thin blue line ", standing between the lawful and the lawless. The Council notes that all American flags are to be flown at half staff on May 15'", in honor of all fallen officer, their families, and friends throughout the United States. Section 11 . This Resolution shall be in full force and effect from and after its adoption by the Common Council the Mayor. Tim Scott, 1°' District Oliver J. Davis, 6' District; Vice- President Henry Davis, Jr., 2 District Valerie Schey, 3 District Dr Fred Fedic, 4 District Dr. David A. Varner, 5' District John Voorde, City Clerk Derek D. Dieter, At Large; President G r erlic, At Lars Karen L.White, At Large; Chair, Com.of Whole Kathleen Cekanski- Farrand, Council Attorney Pete Buthgieg, Mayor of South Bend +C�f�l tNq�;Q E; &� P0, [3-3 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA RECOGNIZING THE MANY POSITIVE OUTREACH PROGRAMS OF MAMAS AGAINST VIOLENCE ON THE IOTH YEAR ANNIVERSARY the Common Council of the City of South Bend, Indiana, acknowledges that in 2003, Bobbi Woods founded Mamas Against Violence in South Bend after her own son was lost in a senseless act of violence in the downtown; and today, Mamas Against Violence continues to dedicate itself to their core beliefs that "concern for one another and concern for our community will help turn pain into compassion"; thanks to the hard work and dedication of Ruth Reese, Bobbi Woods and many others, and some of the many positive outreach programs & events which Mamas Against Violence has provided include: hosting a radio outreach program "Getting Through the Holidays" which offers prayer, encouragement & support; Mamas Against Violence annual community walk and remembrance celebration where people gather to remember those lost too soon to violence & where persons are encourage to wear red to represent "...the love that's going to be spread... "; holds discussion groups & film screenings such as the one held at the Leighton Senior Center when American Blackout was shown; sponsors grief workshops; hosts workshops for school children; & participates in the Center for Women's Intercultural Leadership Program at Saint Mary's College —just to name a few; and for the past ten (10) years, Mamas Against Violence has compassionately worked through so many dedicated mothers to "empower women to create lasting change in the community by ending the cycle of violence and healing their own grief' to those who have lost their sons to street violence : and Mamas Against Violence continually reaches out to help remind individuals that they are not alone and how important it is to curb violence; with their general business meetings & Grief Support Group Meetings being held the first Monday of the month in the Colfax Cultural Center. &&Pw v&4 by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of the citizens of South Bend, Indiana, the Common Council is proud to publicly honor and congratulate all of the members of Mamas Against Violence as they celebrate their 10" Anniversary of providing positive awareness and outreach programs throughout our City. Section II. The Common Council recognizes that Mamas Against Violence received the Community Service Award last.year from the South Bend Community Hall of Fame; and the Council believes that the tireless efforts and dedication of this organization: is truly commendable. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Tim Scott, 1" District Henry Davis, Jr., 2" District Valerie Schey, 3` District Dr. Fred Fetiic, 4 District Dr. David A. Vamer, 5 District John Voorde, City Clerk � Oliver J. Davis, Vice -Pres. & 6 District Derek D. Dieter, President & At Large Gavin Ferlic, At Large Member Karen L. White, Com. of Whole Chair Kathleen Cekanski- Farrand, Council Att'y *wean 2018 Pete Buttigieg, Mayor of South Bend ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3801 W WESTERN AVENUE, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT CURRENTLY THE PROPERTY IS ZONED MU- MIXED -USE DISTRICT AND IT WILL BE CHANGED TO CB- COMMUNITY BUSINESS DISTRICT FOR THE SPECIAL EXCEPTION FOR AUTOMOBILE SALES & SERVICE. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance no. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the city of South Bend, St. Joseph County, State of Indiana: Lot 1030 & El /2 Vac Alley & S1 /2 Vac Alley LaSalle Park Be and the same hereby established as CB — Community Business District. SECTION II. That a Special Exception for Automobile Sales & Service in a CB — Community Business District zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approved by the Mayor, and legal publication. Member of of the Common Council Attest: , .; z]t' Signing of tn,a f k3, le en4y to prove a sI ®p O;�uttI y " ` _; heating and �• Council acflon on t rls issuer . City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,20_, at o'clock m. City Clerk Approved and signed by me on the day of at o'clock M. tst READING 3 -0— 3 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Mayor of the City of South Bend, Indiana Filed in Ciuk 0 =fi .?; ffICe jowi erry CLERK, SOUTH BENID, IN PETITION FOR COMBINED HEARING City of South Bend, Indiana 1 (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance, to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 3801 W Western Avenue South Bend IN 46619 2) The property Tax Key Number(s) is/we: 018- 4069 -2564 3) Name and address of properly owner(s) of the petition site: Jose Luis Consuelo 3817 W Western Ave South Bend IN 46619 4) Name and address of contingent purchaser(s), if applicable: None 5) It is desired and requested that this property be rezoned: From: MU Mixed Use District To: CB Community Business District 6) This rezoning is requested to allow the following use(s): Automobile Sales & Service 7) If, applicable, a detailed description and the purpose of the variance(s) being requested: 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner: and: (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: Rezoning the property from MU Mixed Use Business to CB Community Business District — Automobile Sales & Service will enable me to expand the land space available for my car lot located directly to the west at 3817 W Western Avenue. 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed CB Community Business District— Automobile Sales & Service will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because it will allow the business to expand the space that it has to park the vehicles that are for sale enabling the lot at 3817 W Western Avenue to contain the overflow of customer parking from the side street. (b) The proposed CB Community Business District— Automobile Sales & Service will not injure or adversely affect the use of the adjacent area or property values therein because the look and use of the property will be revitalized. Before it had an abandoned building on it and now it will have the expansion of a thriving business in its place. (c) The proposed CB Community Business District— Automobile Sales & Service will be consistent with the character of the district in which it is located and the land uses authorized therein; and provide an already successful business to expand. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions shall be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) 17 site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: SignaKF (s) of ryil Prpperty owner(s) or signature of Attorney for all Jose Luis Consuelo 3817 W Western Ave South Bend, IN 46619 (574)386 -5583 _ �cu nclzh c� CONTACT PERSON: (if different) Gj Z2 Filed Pn a -ivi � Z Jffice FOR - b 4 0 1 -4 JOHN CITY CLERK, SOUTF, SEND, IN LEGAL DESCRIPTION Lot 1030 & E %: Vac Alley & Sl /2 Vac Alley LaSalle Park Filed in Clork`t offices MAR" CITY CUPIt, bo#J' s. sseraes, IN cels County Parcels Rec PARCELID NAME 1 MAILINGAD MAILINGCIT MAIL MAILIN PROP ADD PROP CITY PRO PROP _Z — D INGS GZIP R —CITY ST IP 0184069 - LAX BEN & 53540 3719 1 2565 CAROLYN A Pinehurst St South Bend IN 46637 WESTERN South Bend IN 46619 18 3000 BL 0184068 - LAX BEN & 53540 OF 212515 CAROLYN A Pinehurst St South Bend IN 46637 WESTERN South Bend IN 46619 3817 0184069- CONSUELO WESTERN 3817 3 2563 JOSE AVE South Bend IN 46614 WESTERN South Bend IN 46614 317S V\L ADJ 321 0184068- ANDERSON Wellington WELLINGT 42506 LENORA M St South Bend IN 46619 ON South Bend IN 46619 018 -4069- SUPERCLEAN 5222 3903 5 2562 CORPORATION Western Ave South Bend IN I 46619 WESTERN South Bend IN 46617 3706 W 309 018 -4068- Jefferson WELLINGT 6 250301 PRUITT DAVID Blvd South Bend IN 46619 ON South Bend IN 46619 MERCADOJUAN FRANCISCO 018 -4117- AND MARTINA 310 S Illinois 310S 7 4432 DE LA TORRE St South Bend IN 46619 ILLINOIS South Bend IN 46619 0184069- 310S 322 8 255701 GARCIA PABLO Chicago South Bend IN 46619 CHICAGO South Bend IN 46619 TADDEO PETER TSEE 0184117- TRANSFER P O Box 322S 9 4429 NOTES 8195 South Bend IN 46660 ILLINOIS South Bend IN 46619 018 -4079- WETTER 411 Chicago 411 102867 THOMAS L JR Street New Carlisle IN 46552 CHICAGO South Bend IN 46619 CHOLEWCZYNS 500 The 0184079- KI NORBERT Esplanade N 11 2868 AND RITA Unit 105 Venice FL 34285 CHICAGO South Bend IN 46619 HATFIELD 0184079- DOYLE A AND 411 S Illinois 411 12 2869 JEWEL M St South Bend IN 46619 ILLINOIS South Bend IN 46619 0184078- 6451 Erie 412 132825 HENRY EDMOND Falls Or South Bend IN 46614 ILLINOIS ST South Bend IN 46619 018 -4078- HOCHSTETLER 1001 27th St WELLINGT 142826 DEVON R E Bradenton FL 34209 ON South Bend IN 46619 CHOLEWCZYNS KI NORBERT S & RITA J FAMILY TRUST RITA J 500 The 0184079- CHOLEWCZYNS Esplanade N 3818 15 2861 KI RES LIFE EST Unit 105 Venice FL 34285 WESTERN South Bend IN 46619 CHOLEWCZYNS KI NORBERT S & RITA J FAMILY TRUST RITA J 500 The 018 -4079- CHOLEWCZYNS Esplanade N 3816 16 2863 KI RES LIFE EST Unit 105 Venice FL 34285 WESTERN South Bend IN 46619 CHOLEWCZYNS KI NORBERT S AND RITA J FAMILY TRUST RITA J 500 The 3810 0184079- CHOLEWCZYNS Esplanade N WESTERN 17 2864 KI RES LIFE EST Unit 105 Venice FL 34285 AVE South Bend IN 46619 CHOLEWCZYNS KI NORBERT S & RITA J FAMILY TRUST RITA J 500 The 0164079- CHOLEWCZYNS Esplanade N 3810 18 2865 KI RES LIFE EST Unit 105 Venice FL 34285 WESTERN iSouth Bend IN 46619 ALSANDERS 018 -4117- WILLIE & 3719 W 318S 19 4430 RUTHIE Jefferson South Bend IN 46619 ILLINOIS South Bend IN 46619 018 -4069- WATSON 2010S 317 20 255302 GRAYLIN D Gertrude South Bend IN 46613 CHICAGO South Bend IN 46619 018 -4069- 310S 318 2112557 GARCIA PABLO Chicago South Bend IN 46619 CHICAGO South Bend IN 46619 317 018 -4068- ANDERSON 317 WELLINGT 2212505 LENORA M Wellington South Bend IN 46619 ON South Bend IN 46619 018 -4117- SOUTH BEND 326S 23 4428 SIX LLC 309 S Logan South Bend IN 46615 ILLINOIS South Bend IN 46619 018 -4079- 52606 410 24 2874 LUPO HOUSE Highland Dr South Bend IN 46635 CHICAGO South Bend IN 46619 0184079- SANTACRUZ 419 25 2875 LETICIA 419 S Illinois South Bend IN 46619 ILLINOIS South Bend IN 46619 018 -4079- OSLER SHEILA CHICAGO CHICAGO 262871 R & DENNIS R ST South Bend IN 46619 ST South Bend IN 46619 ESCOSEDO FIDEL & LEON 415 S Illinois 415 2710184079- 2872 ANA MARIA St South Bend IN 46619 ILLINOIS South Bend IN 46619 0184078- 6451 Erie 412 28 2828 HENRY EDMOND Falls Dr South Bend IN 46614 ILLINOIS South Bend IN 46619 0184069- 310S 326 29 2558 GARCIA PABLO Chicago South Bend IN 46619 CHICAGO South Bend IN 46619 018 -4068- ANDERSON 317 WELLINGT 30 250601 LENORA M Wellington South Bend IN 46619 ON South Bend IN 46619 3801 018 -4069- CONSUELO 3817 W WESTERN 31 2564 JOSE L Western Ave South Bend IN 46619 AVE South Bend IN 46619 CHOLEWCZYNS KI NORBERT S & RITA J FAMILY TRUST RITA J 500 The 183000 018 -4079- CHOLEWCZYNS Esplanade N BLOCK 3212866 KI RES LIFE EST Unit 105 Venice FL 34285 WESTERN South Bend IN 46619 3718 W 018 -4078- WESTERN 3718 33 2817 POND GARY E AVE South Bend IN 46619 WESTERN South Bend IN 46619 CORNER ROGER L AND JACQUELINE 3706 018 -4078- PACESITTER Western 3706 34 2821 BANK Ave. South Bend IN 46619 WESTERN South Bend IN 46619 18 BLK 3000 018 -4079- GARCIA 1338 Poland OF 3512858 TRINIDAD St South Bend IN 46619 WESTERN South Bend IN 46619 18 BL 3000 OF 0184079- GARCIA 1338 Poland WESTERN 36 2859 TRINIDAD St South Bend IN 46619 AVE South Bend IN 46619 018 -4079- IBARRA DIAZ 601 S 3902 37 2860 JESUS Camden St South Bend IN 46619 WESTERN South Bend IN 46619 016 -4069- 310S 314 38 255602 GARCIA PABLO Chicago South Bend IN 46619 CHICAGO South Bend IN 46619 018 -4069- PAYNE 309 S Illinois 309S 39 255902 TRANESHA St South Bend IN 46619 ILLINOIS South Bend IN 46619 018 -4069- POWELL 301 S 40 255901 REATHA 301 S Illinois South Bend IN 46619 ILLINOIS South Bend IN 1 46619 SORRELLS ELIZABETH MAE 313 0184066- %SHEILA 14045 WELLINGT 41 2504 COMBS INDIANA Chicago IL 60605 ON South Bend IN 46619 MICASA 0184117- FUNDING 53393 Peggy 314 42 4431 GROUP LLC Av South Bend IN 46635 ILLINOIS South Bend IN 1 46619 Filed Ir C�. gc AR p a -6 L' 'x F 401..1 7[j� ary CLE4K, SOUYk1 SEND, IN 018 -0069- JOHNSON ROY L 329 Illinois 329S 432559 & JULIE L - St South Bend IN 46619 ILLINOIS South Bend IN 46619 018 -4069- KERR RAYMOND 1334 Roelke 305S 44 255903 WEBSTER Or South Bend IN 46614 ILLINOIS South Bend IN 46619 018 -4069- 611 N 226S 45 2550 PAYTON CARY Jacobs St South Bend IN 46617 ILLINOIS South Bend IN 46617 018 -4069- 310S 310 46 2556 GARCIA PABLO IChicago South Bend IN 46619 CHICAGO South Bend IN 46619 7843 018 -4069- BROUSSARD Fennway 309 472552 JOHNNIE Ave Indianapolis IN 46260 CHICAGO South Bend IN 46619 018 -4069- 310S 306 48 255601 GARCIA PABLO Chicago South Bend IN 46619 CHICAGO South Bend IN 46619 305 018 -4068- DOUGLAS PO Box WELLINGT 49 250302 CLINTON III 8265 South Bend IN 46660 ON ST South Bend IN 46619 018 -4117- 2909 W 306 504433 CERVERA JUAN Western Ave South Bend IN 46619 ILLINOIS South Bend IN 46619 PLUMP MARGARET 018 -4069- JACKSON AND 302 S 302 51 2555 DENNIS jChicagoSt South Bend JIN 46619 CHICAGO South Bend IN 46619 018 -4117- CERVERA JUAN 2909 W 302S 52 4434 & ROSALINA Western Ave South Bend IN 46619 ILLINOIS South Bend IN 46619 GRAHAM JAMES 018 -4069- & JANIE LOUISE 5111 W 226 53 254601 GRAHAM Washington South Bend IN 46619 CHICAGO South Bend IN 46619 Filed Ir C�. gc AR p a -6 L' 'x F 401..1 7[j� ary CLE4K, SOUYk1 SEND, IN Z,.' � U \V,�' m� s COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A SPECIAL EXCEPTION OR A VARIANCE GRANT FROM THE TERMS OF THE ZONING ORDINANCE IN AS PART OF A COMBINED PUBLIC HEARING HELD BY THE AREA PLAN COMNIISSION. In accordance with I.C.36 -7 -4 -921, the Owner of the real estate located in the City of South Bend, St. Joseph County, Indiana, which is described below, makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: Lot 1030 & E % Vac Alley & S %s Vac Alley LaSalle Park STATEMENT OF COMMITMENTS: 1. Jose Luis Consuelo agrees that this Special Exception Use for automobile sales and service for the property located at 3801 W Western Avenue, South Bend, IN is valid only so long as Jose Luis Consuelo owns and operates the automobile sales and service facility. At such time as Jose Luis Consuelo no Ionger owns and operates the automobile sales and service facility, the new owner would have to re-file for a Special Exception Use in order to operate an automobile sales and service facility. These COMMITMENTS shall be binding on the Owner, subsequent owners of the above - described real estate, and other persons acquiring an interest in the above- described real estate. These COMMITMENTS may be modified or terminated by a decision of the Area Plan Commission of St. Joseph County made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the grant of petition ##_2668 -13 by the City of South.Bend Common Council. These COMMITMENTS may be enforced jointly or severally by: I. The Area Plan Commission of St. Joseph County 2. The City of South Bend, Indiana; Ord, No.: 9495 -04 3. Owners of all parcels of ground adjoining the real estate within three - hundred (300) feet from the subject properly, and all owners of real estate within the area included in the petition who were not petitioners. Owners of real estate entirely located outside the City of South Bend are not included, however, and 4. IN WITNESS WHEREOF, Owner has executed this instrument this If day Of R ri , 2p 1 (Individual Owner) By Printed Title Signature (Seal) Printed (Organization Owner) Ord. No.: 9495 -04 STATE OF (Individual Acknowledgment) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared 0 3 r L' v 1 s Cfovrvrt- t 0 Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument and who, having been duly swom, stated that any representations therein contained are true. Witness my hand and Notarial Seal this 19 day of County of Residence S^ �6)% My Commission expires: JConvcAnt STATE OF (Organization Acknowledgment) ) SS: COUNTY OF ) i�l'V7 O e; Before me, a Notary Public in and for said County and State, personally appeared the of a(n) Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who, having been duly swom, stated that any representations therein contained are true. Witness my hand and Notarial Sea] this day of , Signature Printed County of Residence My Commission expires: This instrument was prepared by Flied In r, dice MAY 9 -M3 CITY CLER h, i>� e. a iv BEAD, IN Ord, No.: 9495 -04 DJ YTOARES SL Josephcouory . • a ; �YJapa 2017 s —� County of Residence S^ �6)% My Commission expires: JConvcAnt STATE OF (Organization Acknowledgment) ) SS: COUNTY OF ) i�l'V7 O e; Before me, a Notary Public in and for said County and State, personally appeared the of a(n) Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who, having been duly swom, stated that any representations therein contained are true. Witness my hand and Notarial Sea] this day of , Signature Printed County of Residence My Commission expires: This instrument was prepared by Flied In r, dice MAY 9 -M3 CITY CLER h, i>� e. a iv BEAD, IN Ord, No.: 9495 -04 Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 6 -37.2 ADDRESSING ACCOUNTABILITY OF GOVERNMENT ACTIONS ON BUILDINGS DECLARED VACANT OR ABANDONED STATEMENT OF PURPOSE AND INTENT On November 27, 2007, the South Bend Common Council passed Ordinance No. 9810 -37 which established a registration and maintenance program of vacant and abandoned buildings in the City of South Bend, Indiana. It was noted that the City had earlier announced on May 29, 2007, a 3 -year "$6.825 million strategy to reduce the City's vacant houses by more than one -fifth, with the primary focus aimed at reducing abandoned houses by 72 % ". That program had a "comprehensive strategy" where 400 derelict houses were to be demolished in targeted neighborhoods. The program was developed on a Department of Code Enforcement survey conducted in May 2006 where 621 houses were identified as being both vacant and abandoned, which then represented 28% of all vacant houses in the City. It also was reported by the South Bend Police Department at that time that arsons and removing scrap metal had increased in the vacant houses. An "Urban Homsesteading Program consistent with Indiana commonly referred to as the "Dollar House Program" was established Code § 36 -7 -17, where Community & Economic Development capital improvement funds were used to acquire "marketable buildings ". All of the above - referenced programs were based on the "broken window" concept which basically provides that when a broken window is left unrepaired, that it leads to more broken windows and gives the appearance that no one cares for the property or protects the property. It also was based on data and information shared at the I" National Conference on "Reclaiming Vacant Properties: Strategies for Rebuilding America's Neighborhoods ". The "Vacant & Abandoned Properties Task Force Report" was made public in February, 2013. The Mayor shared information at the March 4, 2013 Residential Neighborhoods Committee where he projected that it would cost approximately $6,000 each per demolished home and approximately $50,000 per home which is rehabilitated. The Mayor also called for "A thousand homes in a 1,000 days" to be torn down. Based on the projected costs and the millions of tax dollars already spent on vacant and abandoned homes, the following ordinance is needed to provide greater transparency to the process in light of the short and long -term effects. The proposed regulations are aimed to ensure that a well - thought -out plan has been developed for the each of the neighborhoods where demolition is proposed to take place. This ordinance is believed to be in the best interests of the City of South Bend, Indiana. Section I. Chapter 6, Article 8, Section 6 -37.2 of the South Bend Municipal Code is amended to read in its entirety as follows: Accountability of Government Actions on Buildings Declared Vacant or Abandoned Ordinance Page 2 Sec. 6 -37.2. Accountability of Government Actions on Buildings Declared Vacant or Abandoned. (a) The Quarterly Administrative Reports required to be filed with the Office of the City Clerk pursuant to Section 6 -37.1 (1) of this Code, must be current as of the last quarter immediately preceding the demolition of a structure by the City or any entity hired to demolish said structure(s). (b) Only demolitions which are a declared imminent public safety hazard to the health, safety and welfare of the city may be demolished during any quarter where the Quarterly Administrative Report is not current and properly filed with the Office of the City Clerk. (c) For each proposed demolition a "Fiscal Impact /Future Use Summary Statement' shall be required to be filed by the City Administration with the Office of the City Clerk, with such filing being made not less than seventy -two (72) hours before the proposed demolition. Said form shall be filed along with a completed City "Demolition Prioritization Form" set forth as Figure 82 in the Appendix of the Vacant & Abandoned Properties Task Report, page 67. Both forms are attached and included herein by reference. (d) Upon the Office of the City Clerk receiving each "Fiscal Impact/Future Use Summary Statement' from the City Administration, said office shall electronically send copies of each to all members of the South Bend Common Council. Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Council Member Henry Davis, Jr. 2nd District South Bend Common Council A /irr: John Voorde, City Clerk Accountability of Government Actions on Buildings Declared Vacant or Abandoned Ordinance Page 3 Mrramaes( by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2013, at o'clock . m. Janice Talboom, Deputy Clerk ,94P,v ed a detpwd by me on the _ day of , 2013, at _ o'clock m. 3—�1 =f� 1 sr READfKG PU31_!C HEA NG 3 rd READING NOT APPROVED REFERRED PASSED Pete Buttigieg Mayor of the City of South Bend, Indiana Flied in Clerk's f1AR � F 'i11;- City Fiscal Impact/Future Use Summary Statement Updated 3/2013 Pursuant to Section 6 -37.2 of the South Bend Municipal Code entitled "Accountability of Government Actions on Buildings Declared Vacant or Abandoned ", the following information is filed and verified to be true and correct regarding the proposed structure to be demolished: Street Address /Zip Code: Council District: Property classified by the City as: _ Abandoned _ Vacant Affected Neighborhood: Summary of reasons for demolition: Explanation of why said property could not be rehabilitated: Agencies /Entities contacted regarding potential rehabilitation: Proposed Date of demolition: Entity to perform demolition: Cost of proposed demolition: Funding source(s) Balances for each funding source before Proposed reuse of property following demo]itlOn [Per Figure 70, page 53 of Vacant & Abandoned Properties Task Force Report) _Conservation Area _ Stabilization Area Revitalization Area Reinvestment Area Explanation of reuse Cost to reuse property post - demolition Funding source(s) for such reuse The proposed demolition will be the demolition in this Council District this year. and lied this day of Fiscal Analyst 20 Department of Code ,e3 �I r� O w , Cd O V� ~ �yl 0 o v m $ m m _ Z L L O L C ppp � d ff7 v1 Y t7 iV E o a z a y � � 6 N IS CL c n• c O P Om G c J p O N Q F = �'.d d _� Y L O Y G v-e 00 CF C m it W Mp 'O w Yn L .00 N EY W a d S 0 N cv 6 'D 2 W a « N � L � N O C O O I 3 m U E u L F 'app' �• Q> N � q _m C C d Vl C C C O D o v o m N u «� o f a d a 9 b A o m c L N a ro q A N vL e o c° a E d c— q t N > .0 U ti it 9 N L C O. O U G C' O 6 d O Y O L N 20 c C O 0 6 a Q m u �' W 00 - L C < 2 d M m HI •C y Q 6 U N W C y M GOO t F U C CL r O t W O N Y m �i S G p `o r w c u d c° u a E o °= N O` - a v 0 a° a N E c a u° p a Y v c w E w e CL c e w m p N C a a aL�. t Ln N a ti+ O 0 0 m O W .•� w n eD pOp .1p. '~ u ai O Y a m Y V, « y N g IL aj qN y« VpQ N 3 W L .L L L « w N L w •��- C C W +F c c x Q i L C L i y 3 m c 3 3 3 3 3 i zL° 8 5 0 p w 0 O d SoII The .6 City of South Bend " . a Common Council 1865 441 County -City Building. 227W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice- President Karen L. White Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Secand District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White March 15, 2013 Members of the Common Council 40' Floor County -City Building South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 http: //w .southbendin.gov Re: Proposed Ordinance Addressing Accountability of Government Actions on Buildings Declared Vacant or Abandoned Dear Council Members: I am pleased to introduce for your consideration, the attached ordinance which is aimed to bring greater accountability of tax dollars proposed to be used on vacant & abandoned properties, as well as the overall process involving properties proposed to be demolished by the City of South Bend. In a front -page article which appeared in the Sunday, March 10, 2013 South Bend Tribune entitled "50 (Almost) Down, 950 To Go ", a picture of a wrecking ball depicted the number of "Demolitions between 2008 - 2012 ": 2008 185 2009 118 2010 141 2011 25 2012 120 The above - listed demolition numbers from 2008 through 2011 were part of former Mayor Luecke's May 29, 2007 announcement that "...a three -year $6.825 million strategy to reduce the City's vacant houses by more than one - fifth, with the primary focus aimed at reducing abandoned houses by 72% "would be moving forward. At Large I am attaching a map provided to the Common Council by the former City Administration in late 2007. It depicts vacant & abandoned structures as of 2006 in the City of South Bend, and "Calls for Service" showing five (5) levels of service ranging from "absence or insignificant level, approaching negligible level, just below concern level, reaching concern level, serious level to urgent level ". That map alone highlights the critical need for a well thought out and comprehensive plan to address the multi- faceted neighborhood issues which may be compounded by vacant & abandoned buildings. Cover Letter to Ordinance Addressing Accountability of Government Actions on Buildings Declared Vacant or Abandoned March 15, 2013 Page 2 It is interesting that the 75 -page "Vacant & Abandoned Properties Task Force Report" released last month, does not contain an updated map of the one depicting vacant & abandoned houses as of 2011, as well as the "Calls for Service" showing the five (5) levels of service. In light of the 1,000 demolitions being promoted as an "ambitious plan" by Mayor Buttigieg, and the related costs to the taxpayers for this demolition plan, and post demolition expenses, I believe greater transparency and accountability is needed now more than ever. Fiscal oversight is a duty and responsibility which the South Bend Common Council takes very seriously. To assist the Council in carrying out those duties a "check and balance" component is being created which is aimed at greater accountability. The attached ordinance would: • Require that all City Offices which carry out the duties involving vacant building have current "Quarterly Administrative Reports" on file with the Office of the City Clerk. Such reports are to routinely summarize implementation & enforcement actions of the city regarding "Vacant Building Maintenance and Registration" — a requirement of Ordinance No. 9810 -07 codified in the South Bend Municipal Code in Section 6 -37.1. This has been a requirement since 2007, however limited compliance and very few, if any filings have taken place by the current and past City Administration. • Requires the City Administration to file with the Office of the City Clerk a completed "Demolition Prioritization Form" (1 page) which was set forth as Figure # 82 in the Appendix by the 2013 Vacant & Abandoned Properties Task Report • Requires the City Administration to file with the Office of the City Clerk a "Fiscal Impact /Future Use Summary Sheet" (1 page) which highlights the location, Council District, affected Neighborhood, whether it was classified abandoned or vacant, reasons for proposed demolition, reasons why the property cannot be rehabilitated, proposed reuse of the subject property using Figure # 70 in the 2013 Vacant & Abandoned Properties Task Report; date, cost & funding sources of proposed demolition; cost & funding source(s) of proposed reuse with all of the information being signed by a fiscal analyst & Department of Code Enforcement. This report and the Demolition Prioritization Report are to be filed a minimum of 72 -hours prior to the demolition. • Requires the Office of the City Clerk to timely send electronically to all Council Members copies of the Demolition Prioritization Form and Fiscal Impact /Future Use Summary Sheet upon receipt from the City Administration. Cover Letter to Ordinance Addressing Accountability of Government Actions on Buildings Declared Vacant or Abandoned March 15, 2013 Page 3 I also believe that the Task Force, City Administration and Common Council need to discuss whether there should be a posting on the City's website which is regularly updated summarizing key information from these forms. Partnerships are formed when individuals and organizations work together, not in isolation. By having greater transparency of the entire process, I believe there would be a much greater likelihood of the overall success of a meaningful program to rebuild our neighborhoods. We need to collaborate and challenge each other, especially when millions of taxpayer dollars from unknown sources may be involved. We must be vigilant so that other key city services are not put in jeopardy. Past Fiscal Summits held by the City Council have stressed these components, and should not be ignored. I request that this information be referred to the Community Relations Committee chaired by Council Vice - President Oliver Davis and the Residential Neighborhoods Committee chaired by Council Member Tim Scott, who is also a member of the Vacant & Abandoned Properties Task Force. I further request that a joint committee meeting be held so that we have the opportunity for good dialogue. Thank you. Most inc Henry Davis, Jr. 2 "d District Council Member Attachments JOk. CITY CLERX, ` ±otr 1' J% I il, IIV m� F� ��tY � ��F30 I t I � p�A�� i+r rib . ®e. ' •� �"alT��_�6'- u ®Ll 6l� rU �lLl ME P ®�6.� ��ra.S7 'y� ��,• �FTr3'F Y��u �'�id�.. i� :EQ7 � �' g{a q � �..edR i ��6 � •L�. Tri lb v Imp ! 0° l;q' S ��s ,, , 6"M Oo- 4- 3 SUBSTITUTE BILL NO. 18 -13 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 6 -6.6 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the U.S. Department of Agriculture and the Natural Resources Conservation Service, in cooperation with Purdue University Agricultural Experiment Station and the Indiana Department of Natural Resources, Division of Soil Conservation and State Soil Conservation Board published in 2001 a 690 page Soil Survey of St. Joseph County, Indiana which is available at: http:// www. soildatamart.usda.gov /manuseripts/IN141 /0 /ST Joseph IN pdf The Common Council further notes that this publication contains detailed soil maps which can be used for planning which are the result of detailed fieldwork operations. It was provided to the St. Joseph County Soil and Water Conservation District for their technical use & assistance. The Common Council recognizes that the State of Indiana has a website maintained by the Indiana Department of Natural Resources (DNR) which sets forth ground water data in the State of Indiana since 1935. As noted on that site: http: / /www.in.aov /dnr /water /3482.htm "ground water does not stay in one place. Gravity causes ground water to flow downward and outward. Porosity -the -size and number of void spaces in the formation — determines how much water can be stored in an aquifer. Permeability — the ability of water to move through void spaces — indicates how quickly the water will travel through the aquifer... ground water flows easily through the spaces between loose sand and gravel particles." The Common Council further recognizes that a wealth of detailed information is available to the Building Department which includes but not limited to: • St. Joseph County Soil Information — Soil New Classifications dated June 24, 2010 with this data being available from internal GIS sources • Maps depicting Wetlands • Maps depicting Floodplains • Maps depicting drainage basins /watersheds Soils and Water Table Review Requirement Ordinance Page 2 • "Published Soil Surveys for Indiana — Updates" maintained and updated by the U.S. Department of Agriculture's Natural Resources Conservation Service which specifically provides data on St. Joseph County, Indiana • USGS Groundwater Publications available at hqp : / /water.usgs.gov /ogw/pubs.html The Common Council recognizes the qualifications, duties, responsibilities of the Building Commissioner set forth in Section 6 -4.4 of the South Bend Municipal Code. The training and expertise of this key position and the Building Commissioner's ability to issue or deny permits after a detailed review to determine compliance with and enforcement of the building regulations codified in Chapter 6 of the South Bend Municipal Code is critical. The proposed regulations addressing soils and water table review would improve the permit review process. It further authorizes the Building Commissioner to work in conjunction with the Director of Public Works and other agencies when conducting soils and water table reviews. This ordinance has been prepared in the interest of providing another essential tool for the Building Department. It provides the necessary enabling legislation so that regular, systematic and routine reviews of soils and water tables are made prior to a permit being issued to build or construct any new dwelling used primarily for residential purposes within the City of South Bend, Indiana. This ordinance is believed to be in the best interests of the citizens of the City of South Bend, Indiana. 91a, 314;r 6m, & & &rda&mQ(by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 6 of the South Bend Municipal Code is amended by the inclusion of new Section 6 -6.6 in Article 2 which shall read in its entirety as follows: Sec. 6 -6.6 Soils & Water Table Review Required as Part of the Permit Process for New Dwelline(s). (a) Before a permit to build or construct any new dwelline building or- s;tndetidfe a epAarsc or meve an existing stru ~° within the City, a soils and water table review of the immediate land proposed for such dwelline building, eenstrueti : f efgafg °meat v- - rel v p[civi—cv the subjeetpreperty, must be made by the Building Commissioner. For pMoses of this Section, the dwelling shall mean any building, or portion of a building, which is designed or used primarily for residential purposes, including a single family dwelling two family dwelling and multifamily dwelling but not including hotels motels boarding houses lodging houses and bed & breakfast.) ' The definition for "dwelling" is identical to the one codified in the zoning regulations of the South Bend Municipal Code Section 21 -11.02 Soils and Water Table Review Requirement Ordinance Page 3 (b) The Building Commissioner, or his/her authorized designee shall review as part of the building permit process, in addition to the requirements set forth in this Chapter, the subject property's location on drawings provided by the person who is applying for a required permit which depict the proposed construction utilizing the following maps which may be overlays to the drawings submitted: (1) St. Joseph County Soils Map (2) Maps depicting wetlands (3) Maps depicting floodplains and compliance with § 6 -38 and § 6 -39 of the South Bend Municipal Code (4) Maps depicting drainage basins /watersheds (c) The Building Commissioner, or his/her authorized designee, shall confirm as part of the building permit process, all locations within the city limits which have ground water withdrawals of one -half (1/2) million gallons per day. These areas are considered large ground water withdrawal areas and may include but not be limited to any municipal water supply, mine dewatering, or any business, industry or other activity where such large ground water withdrawals are taking place. Said locations shall be listed by name, locations and date when such large ground water withdrawals began 2 (d) The Building Commissioner, or his/her authorized designee shall review the maps, drawings and documentation provided by the person applying for a required permit in accordance with the following: (1) Documentation showing the outline and dimensions of proposed dwelling(s) in relation to any existing building(s) or structure(s) and the distances between existing and proposed; (2) Whether the proposed construction materials and utility equipment need to be resistant to water damage; (3) Whether the proposed construction methods and practices need to minimize water damage; (4) Whether the proposed construction need to be protected against water damage, (5) Whether the proposed construction is designed or modified and anchored to prevent movement of the proposed dwelling(s)• an d (6) Whether the proposed construction is feasible based on a review of the data standards and regulations being aimed at fostering the health safety and well being of persons and the general public. 2 The Indiana Department of Natural Resources (DNR) maintains ground water data going back to 1935. Soils and Water Table Review Requirement Ordinance Page 4 (e) In the event that there are any confirmed operations which have large ground water withdrawals, the Building Commissioner, in conjunction with the Director of Public Works, shall calculate what the water table would be in the subject area if such large ground water withdrawals are curtailed, including calculations for any seasonal adjustments. Based on those calculations, they shall make as condition(s) of any permit, which may be granted, any or all of the following: (1) Soil boring data at completion of boring, and at 24 hours after completion of boring which is recorded on boring log in low permeability soils such as silts and clays. Artesian pressure and seepage zones, if encountered, must also be noted on the boring log. (2) Relocation of the proposed building dwelling(s); (3) Elevation requirements; (4) Denial of a basement in the building dwelling(s); (5) Subsurface drainage system; (6) Drainage system around the exterior walls; (7) Drainage system under the basement floor; (8) Sump pumps with back -up power supplies The Building Commissioner, or his/her authorized designee may deny the requested permit pursuant to the authority granted in Section 6 -4.4 of this Chapter. (f) The Building Commissioner, or his/her authorized designee is authorized to make as Condition(s) of the issuance of a building permit, any of the required actions set forth in paragraph (d) (1) through (8) herein, as he /she deems reasonable and necessary. Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Soils and Water Table Review Requirement Ordinance Page 5 Oliver Davis, 6 "' District Council Member Karen L. White, Council Member at Large Tim Scott, I' District Council Member Derek D. Dieter, Council Member at Large i�, Office of the City Clerk `fi n /ed me to die of!/ie (9ro* of �WA f'and Ah9wzaj on the_ day of 2013 at o'clock . m. Office of the City Clerk C'hxorsedamdQr�nsa,/ by me on the _ day of , 2013 at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana 1st READING P.044; HEARING 3 rd READING NOT APPROVED REFERRED PASSED Filed in C ;j$,l ':; Office FMA'Y-9-- 1013� CITY CLERIC, -duU', h SEND, IN City of South Bend Common Council 441 County-City Building . 227W. Jefferson Blvd South Bend, Indiana 46601 4830 Derek D. Dieter President May 7, 2013 (574) 235 -9321 Fax (574) 235 -9173 http://www.soathbendin.gov Oliver J. Davis Members of the Common Council Vice - President 4a` Floor County -City Building South Bend, Indiana 46601 Karen L. White Chairperson, Committee Re: Substitute Bill No. 18 -13 of the Whole Tim Scott Dear Council Members: First District We are attaching Substitute Bill No. 18 -13. It clarifies with greater particularity Henry Davis, Jr. the overall intent and purposes of the original ordinance filed on April 17th . Second District The Substitute Bill provides reasonable and necessary tools to the Building Valerie Schey Department when new dwellings are proposed to be built in the City of South Third District Bend. The definition for "dwelling" is identical to that used in the zoning Fred Ferlic regulations. That submitted data would be checked against the four (4) maps Fourth District depicting soils, wetlands, floodplains, and drainage basins /watersheds. The proposed ordinance would NOT change any of the current building regulations David Varner addressing fences, walls, parking areas, loading areas, towers, antenna and signs. Fifth District The proposed ordinance authorizes reasonable conditions to be made if deemed Oliver J. Davis reasonable and necessary upon the review of such information by the Building Sixth District Department. Derek D. Dieter At Large Sincerely' Gavin Ferlic At Large Karen L. White 4istrict Council Member Member � at Large Karen L. White At Large Tim Scott Derek D. Dieter 1st District Council Member Council Member at Large Attachment Filed in office F MAY - g Z. _. CITY CLERr, aa:td t'h 13EiNID, IN BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 6 -6.6 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the U.S. Department of Agriculture and the Natural Resources Conservation Service, in cooperation with Purdue University Agricultural Experiment Station and the Indiana Department of Natural Resources, Division of Soil Conservation and State Soil Conservation Board, published in 2001, a 690 page Soil Survey of St. Joseph County, Indiana which is available at: http://www.soildatamart.usda.90V/Manusciii)ts/IN]41/0/ST Joseph IN .Pd The Common Council further notes that this publication contains detailed soil maps which can be used for planning which are the result of detailed fieldwork operations. It was provided to the St. Joseph County Soil and Water Conservation District for their technical use & assistance. The Common Council recognizes that the State of Indiana has a website maintained by the Indiana Department of Natural Resources (DNR) which sets forth ground water data in the State of Indiana since 1935. As noted on that site: http://www.in.Rov/dnr/water/3482.html "ground water does not stay in one place. Gravity causes ground water to flow downward and outward. Porosity- the -size and number of void spaces in the formation — determines how much water can be stored in an aquifer. Permeability — the ability of water to move through void spaces — indicates how quickly the water will travel through the aquifer... ground water flows easily through the spaces between loose sand and gravel particles." The Common Council further recognizes that a wealth of detailed information is available to the Building Department which includes but not limited to: • St. Joseph County Soil Information — Soil New Classifications dated June 24, 2010 with this data being available from internal GIS sources • Maps depicting Wetlands • Maps depicting Floodplains • Maps depicting drainage basins /watersheds Soils and Water Table Review Requirement Ordinance Page 2 • "Published Soil Surveys for Indiana — Updates" maintained and updated by the U.S. Department of Agriculture's Natural Resources Conservation Service which specifically provides data on St. Joseph County, Indiana • USGS Groundwater Publications available at http://water.usgs.gov/ogw/l)ubs.htrni The Common Council recognizes the qualifications, duties, responsibilities of the Building Commissioner set forth in Section 6 -4.4 of the South Bend Municipal Code. The training and expertise of this key position and the Building Commissioner's ability to issue or deny permits after a detailed review to determine compliance with and enforcement of the building regulations codified in Chapter 6 of the South Bend Municipal Code is critical. The proposed regulations addressing soils and water table review would improve the permit review process. It further authorizes the Building Commissioner to work in conjunction with the Director of Public Works and other agencies when conducting soils and water table reviews. This ordinance has been prepared in the interest of providing essential tools and establish reasonable mechanisms for caring out such detailed reviews by the Building Department. It provides the necessary enabling legislation so that regular, systematic and routine reviews of soils and water tables are made prior to a permit being issued to build or construct any new building or structure or enlarge or move an existing structure within the City of South Bend, Indiana. This ordinance is believed to be in the best interests of the citizens of the City of South Bend, Indiana. 9%Q, & &orA&m%L by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 6 of the South Bend Municipal Code is amended by the inclusion of new Section 6 -6.6 in Article 2 which shall read in its entirety as follows: Sec. 6 -6.6 Soils and Water Table Review Required as Part of the Permit Process. (a) Before a permit to build or construct any new building or structure or enlarge or move an existing structure within the City, a soils and water table review of the immediate land proposed for such building, construction, enlargement or relocation to the subject property, must be made by the Building Commissioner. (b) The Building Commissioner, or his/her authorized designee shall review as part of the building permit process, in addition to the requirements set forth in this Chapter, the subject property's location on: (1) St. Joseph County Soils Map Soils and Water Table Review Requirement Ordinance Page 3 (2) Maps depicting wetlands (3) Maps depicting floodplains and compliance With § 6 -38 and § 6 -39 of the South Bend Municipal Code (4) Maps depicting drainage basins /watersheds (c) The Building Commissioner, or his/her authorized designee, shall confirm and maintain in his/her office, which shall be used as part of the building permit process, all locations within the city limits which have ground water withdrawals of one -half (1/2) million gallons per day or more. These areas are considered large ground water withdrawal areas and may include but not be limited to any municipal water supply, mine dewatering, or any business, industry, or other activity where such large ground water withdrawals are taking place. Said locations shall be listed by name, locations and date when such large ground water withdrawals began.1 (d) In the event that there are any confirmed operations which have large ground water withdrawals, the Building Commissioner, in conjunction with the Director of Public Works, shall calculate what the water table would be in the subject area if such large ground water withdrawals are curtailed, including calculations for any seasonal adjustments. Based on those calculations, they shall have the authority to make as condition(s) of a building permit being granted, any of the following: (1) Soil boring data at completion of boring, and at 24 hours after completion of boring which is recorded on boring log in low permeability soils such as silts and clays. Artesian pressure and seepage zones, if encountered, must also be noted on the boring log. (2) Relocation of the proposed building; (3) Elevation requirements; (4) Denial of a basement in the building; (5) Subsurface drainage system; (6) Drainage system around the exterior walls; (7) Drainage system under the basement floor; (8) Sump pumps with back -up power supplies The Building Commissioner, or his/her authorized designee may deny the requested permit pursuant to the authority granted in Section 6 -4.4 of this Chapter. The Indiana Department of Natural Resources (DNR) maintains ground water data going back to 1935. Soils and Water Table Review Requirement Ordinance Page 4 (e) The Building Commissioner, or his/her authorized designee is authorized to require as condition(s) of the issuance of a building permit, any of the required actions set forth in paragraph (d) (1) through (8) herein, as he /she deems reasonable and necessary. Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this'ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication, Tim ,ep"Ce n L. White, Council Member at Large Derek D. Dieter, Council Member at Large RM Office of the City Clerk 616 * me to d° �9f ° ' 9� AbAwu4 on the_ day of 2013 at o'clock m. Office of the City Clerk Soils and Water Table Review Requirement Ordinance Page 5 c9rraa &Iddyna by me on the _ day of I READING - A -LL -I-3 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED 2013 at _ o'clock .m. Pete Buttigieg Mayor of the City of South 'Bend, Indiana Filet! lira C. „v: o office Ask' 1 7 XU13 CITY CISRK, SUUYH SEND, IN SpUTEr &� City of South Bend Common Council 1865 441 County -City Building • 227 W Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter April 17, 2013 President (574) 235 -9321 Fax (574) 235 -9173 http: //w .southbendin.g,v The South Bend Common Council Oliver J. 4s' Floor County-City Building Vice-President ent South Bend, Indiana 46601 Karen L. White Chairperson, Committee Re: Ordinance Requiring Review of Soils and Water Tables Data of the Whole During the Building Permit Process Tim Scott Dear Council Members: First District Henry Davis, We are pleased to introduce for your review and approval a proposed ordinance Second Districct t which would amend the City's building regulations. Valerie Schey With the New Energy Ethanol Plant shutting down production last November, our Third District Public Works Director has confirmed that there are millions of gallons of water per a day which are no longer being withdrawn. This has resulted in the water Fred Ferlic Fourth District table rising back to its previous natural level in this area, which was once marshland at the headwaters of the Kankakee River. David Varner The attached ordinance would: Fifth District • Require the Building Commissioner or his/her authorized designee to review Oliver J. Davis as part of the building permit process for any new building or structure, Sixth District enlargement, or moving an existing structure, a soils and water table review of Derek D. Dieter the immediate land area earmarked for the structure At Large • Require such review to include reviewing four (4) items in addition to the Gavin Ferlic current requirements, namely: At Large 1. St. Joseph County Soils Map Karen L. White 2. Maps depicting wetlands At Large 3. Maps depicting floodplains 4. Maps depicting drainage basis /watersheds with examples of each attached for your review immediately after a 1 -page summary from the USGS Publication on water tables. • Requires the Building Commissioner or his/her authorized designee to confirin all locations in the vicinity where is large ground water withdrawals of /2 million gallons or more per day Cover Letter to Soils and Water Tables Review Ordinance April 17, 2013 Page 2 Authorizes the Building Commissioner, in conjunction with the Director of Public Works, to implement additional conditions if warranted such as requiring soil borings, recommend relocation, recommend that elevations be given, deny the construction of a basement, require subsurface drainage system, require a drainage system around the exterior walls; require a drainage system under a basement floor; or require sump pumps with back -up power supplies Additionally, a cross - reference is made in the ordinance to the Building Commissioner's current authority to deny a permit when deemed necessary. We are also attaching examples of the many sources of documentation available on ground water from the USGS for informational purposes. We believe that the proposed regulations are reasonable and a proactive measure to address real concerns so that the safety, health and welfare of our citizens are protected. This ordinance is proposed a similar spirit in which Ordinance No. 10225 -13 was made. That ordinance was passed by the Common Council on March 25, 2013, and continues the requirement for a Certificate of Occupancy which has been deleted from the Building Code. We look forward to having discussions with you and the City Administration on this very important piece of proposed legislation. Thank you. arncerery, Oliver s, Pu lic Wo sand Property Vacation Committee Chairperson 60' Di Council Me her Kare L. White, Committee of a Whole Chairperson Council Member at Large i or ods Committee ls`Distric ounc' ller Derek D. Dieter Council Member at Large Attachments Filed in 7; °V ......°fflCe APR 172013 Jra�,, ;,�� CITY CLERK SOtS'1 Pti BE VD, N Water -table and confined (artesian) aquifers. WATER -LEVEL RISES The opposite problem, namely a rising water table, has developed in some parts of the country. Rising water tables occur in areas where pumpage has been curtailed after years of large ground -water withdrawals, such as for mine dewatering or municipal water supply, which kept the water table below its natural levels. The curtailment of pumping allows the water table to rise to the previous natural level, which may flood underground structures that were built when the water table was lowered. In many parts of the country, water levels in shallow aquifers have been lowered artificially over large areas. If houses are constructed in dewatered areas and if the water table then recovers to its natural (higher) level, basement flooding or foundation failures may occur, especially where the natural water level is within 10 feet of the land surface. Many basements that were built in a dry unconsolidated material and that had remained dry for decades have now become permanently wet. The public's first reaction may be that unusually heavy precipitation in the past few months has raised the water table or created a temporary perched -water system, when in fact the situation is much more serious and will remain a problem unless pumping is resumed to maintain a lower water table. Where water levels are closely monitored, water -level records can indicate whether such high water levels are related solely to climatic events or whether water levels are recovering after nearby pumping has ceased. An increasing number of local areas are being dewatered for mining or industrial uses, which could cause serious problems in the future when such pumpage is decreased or ended. Similar situations have occurred where housing developments were built during a period of extended drought when the water table was low. Even if basements were the "daylight" or raised type because the natural water table was shallow, the eventual return of a wet period caused the water table to rise a few feet and flood basements. [Source: USGS Publication by Roger M. Wailler; p. 3, pp. 12 -13] http: / /usQS qOV /Clip /Clw ruralhomeowner /gw ruralhomeowner new html n R _L X" C - UI L c e; f J i IL , EY v� IL ii Ian A im m a a n E m H a m h v c m Y C� U U m m a j Rik, U U U U = o ao � e p _1Z_ _ O ` 0 m ILO o o a U U Q a0 p m E In O p ..- m r CL 1p OD Vt m o Table 1. Water factors to consider in buying or building a new home Problem Probable a•ause Remedy or area source of help Inadequate water yield Poor aquifer Install larger, deeper well Well screen or pump intake encrusted Have cleaned by well. driller Lower water level Deepen well Excessive ground -water withdrawal Contact State regulatory agency Contact water resources agency Wd basement Seasonally high water table Add sump pump or drains Recovered water level Add sump pump or drains Rock solution Drainage from roof or slope Add roof gutter, reshape land Slate ge0htgicaf survey Contact Soil Conservatinn Service Gas in water Methane from bedrock Install vent on well head NO well data available Contact water resource agency Aerate the water Install water treatment Drill new well away from house Contact State geological survev salty water Road salting Install new well farther upslo e p Provide better road drainage Road -salt stockpile Install new well away from drainage Request correction by highway department Contact health department Fuel-oil contxminuhon Lcaky ter spilled storage lank Install new well upslopc Adjust to lo% pumping rate Oil or gasoline amnimination Nearby scnice slmion Obtain new source of water Contact health depanmen liaceria contamination Septic effluent Chlorinate as first step: contact health department Install new well unship, Install new leach field farther away Decfwn well in some asps Seek control on neighlsuing system Barn) and waste Redirect waste flow Install new well upshopc Seek control on neighbor's activity, Contact agricultural agency Organic chemienl Former land use Install new well farther away contamination Deepen -el! in some cases Contact health depannern 35 Currem land application Crate buffer zone around recharge area Dispose of wash water properly Seek control on neighbor's activity Contact health department Land Subsidence Excessive ground -water withdrawal Contact State regulatory agency Rork snlmion Relocate house Contact Slate geological survey Sinkhole development Rock solution Relocate horse Slate ge0htgicaf survey Bootee of ground water unknown No knowledge g e Contact water resource agency NO well data available Contact water resource agency 35 Table 2. Sources of information Geologic conditions and mining areas Slate geological surveys Slate bureaus of mines Slate natural resources agencies U.S. Geological Survey .Soils. drainage. and agricultural uses U.S. Department of Agriculture - State land -grant colleges County extension agents Topography U.S. Geological Survey Ground -water resource% and water testing Stale natural resources or environmental departments State water resources departments County health departments U.S. Geological Survey National Water Well Association Water- SUPPIv and septic - system construction Stale health departments Slate environmental or conservation departments Bounty extension agent% U.S. Environmental Protection Agency U.S. Department of Agriculture I.and.ase and tuning State planning agencies County planning and zoning agencies This publication is one of a series of general interest publications prepared by the U.S. Geological Survey to provide information about the earth sciences. natural resources. and the environment. To ob. tain a catalog of additional titles In the series "General Interest Publica- lions of the U.S. Geological Survey," write: U.S. Geological Survey Branch of Distribution P.O. Box 26286 Denver. CO 80225 36 f U.S. GOVERNMENT PRINTING OFFICE: 1994 - 3e0-615 P(�, ,� 13 -19 RESOLUTION NO. Bill No. 13-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR A TEMPORARY MORATORIUM ON DEMOLITION OF BUILDINGS WHICH ARE NOT A HEALTH AND PUBLIC SAFETY HAZARD a Mayor's Task Force on Vacant and Abandoned Homes has been gathering information in preparation of their upcoming Vacant and Abandoned Report; and some of the details in the preliminary draft reveal that the City of South Bend has 1,900 houses which are vacant and 1,275 which are abandoned; and while the topics of demolition and rehabilitation are being re- assessed, a temporary moratorium on demolition of buildings which are not a true health and public safety hazard is an appropriate route, especially in light of the fact that each home which is slated for demolition is a cost to the taxpayers of approximately $6,000; and GA" an open discussion of this topic and a plan of action would provide citizen engagement and create purposeful enterprise; and 6))0 eaG since there has been a significant delay in the public release of the Vacant and Abandoned Report, a temporary demolition moratorium on non - public safety hazard buildings would provide the opportunity to review and refine current policies and procedures addressing demolition through collaborative discussion to ensure standard operating procedures on this topic. r i r r Vr r Vr r V r r %r a ii r. Section I. The South Bend Common Council believes that there would be a benefit through the Council's Residential Neighborhood Committee on the City's demolition policies and procedures and their standard operating procedures in this area in collaboration with the Mayor's Task Force on Vacant and Abandoned Buildings. Section II. A temporary moratorium on the demolition of non - public safety hazard buildings for the next sixty (60) days would provide opportunities for the re- assessment of demolition policies which are in the best interests of the City of South Bend, Indiana. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Li Council Member Henry Davis, Jr. 2 "a District South Bend Common Council John Voorde, City Clerk Pete Buttigieg, Mayor PRESENTED . NOT APPROVER ADOPTED Z 0 re �` 41 tj iT e� F r, City of South Bend �C6 x Common Council MID 441 County -City Building . 227W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice - President Karen L. White February 20, 2013 Chairperson, Committee of the Whole The South Bend Common Council Tim Scott 0' Floor County -City Building First District South Bend, Indiana 46601 Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 http: / /www.southbendia.gov As you are aware, the 2nd District has one of the highest rates of home being demolished by the City. I have therefore filed the attached Resolution which calls for a temporary moratorium of such demolitions unless there is a public safety hazard requiring a demolition. I would like this Resolution sent to the Council's Residential Neighborhoods Committee for review so that those discussions can take place now. I look forward to meeting with you on this next Monday. Sincerely Henry Da ' , J. 2 n District Council Member fir_ eTit_ Filed `Fw. F ;' Office Fr� i JOAN CITY CLERK, "+. U F k SEND, IN �\ N(D . �,c. --�3 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF INDIANA AVENUE FROM ST. JOSEPH STREET EAST APPROX. 200 FEET TO THE NORTH/SOUTH ALLEY, AND A WIDTH OF 14 FEET. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: . SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first east/west alley South of Indiana Avenue from St. Joseph Street east approx. 200 feet to the North/South alley and a width of 14 feet being a part of Bowman Place Addition, City of South Bend, Portage Township, St. Joseph County, Indiana hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lots 1234, 1229, 1228, 1227, 1244, 1245, 1246, 1247, 1248. SECTION VI. The purpose of the vacation of the real property is to consolidate the property to build a new church. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk �z t 0_ A. cAe4 Member of the Common ColAcil Signing da Nis M! is fl iiY 1Q 70-WIG, i n o rc;lc y for b'''� laa�ng and Council actcn on Us issue. Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Approved and signed by me on the o'clock . M. s —t3 -13 1,j READING PUBLIC HEARING 3rd READING NOT APPROVED REFERRED PASSED City Clerk day of , 2. at Mayor, City of South Bend, Indiana Filed ira Clerk's MCC MAY 1- U13 CITY CLERK, S¢allTK 01 IN PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The First East /West Alley South of Indiana Ave From St Joseph St East Approx. 200 feet to the North /SouthAlley and a Width of 14 feet. B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS LOT # s QLA wr - Ca'V' 1 M ` o zV RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574- 235 -9221 CONTACT PERSON (S) NAME: r AS (�cq��ia l9x( Sr. ADDRESS: PHONE: 11I - I S) 33ZTri �� on CIork's� Offloo CRY CLF91;, SOUTH BEND, IN 90 Of Filed In Ciork's Office m N ° '' OPRO CO - n � Gh�F o i 4,0 "42 MAY 1 2913 91 0 cEpo ; .iO49N W.11111-OF f 5.aOv ? 3 CITY CLERK, -r "4 Q NUs IN 50 a Cn d3S01 gf R; .w,...srn... NM,41A AV-7. � I FF-IT F-77 FF :h 7 7 71-'-- � L j ;1�-' Filed in s; Office FT -? AI � 14 Y I �, 01, r _ji haM R E CITY CL E kI4 I 0i T SEND, IN Ir 1316 COUNTY -CITY BUILDING 227 iu JEFFERBoN BOULEVARD SOUTH BEND, INDIANA 46601 -1830 Pastor Ricardo Taylor, Sr.. Mount Carmel Baptist Church 137 East Indiana Avenue South Bend, Indiana 46613 CITY OF Soum BEND PETE BUTT1GiE.G, MAYOR BOARD OF PUBLIC WORKS March 26, 2013 PaoN 574/ 235 -9251 FAx 574/235 -9171 RE: Alley Vacation — The East/West Alley between Indiana Street and Dubail Street from Carroll Street to the North/South Alley (Preliminary Review) Dear Pastor Taylor: The Board of Public Works, at its March 26, 2013, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Engineering stated that you must maintain utility easements and, if necessary, pay for the cost of relocating the utilities. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please contact Tony Molnar at (574) 235 -9254 prior to nicking up Your radius map You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, i da M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Michael Mecham, Engineering Filed in Clark's fflclw, MAY 1- - z.- -0 I 1- -3 JOHN NtaitRpE OITYCLERK SOl9'fl# "' EN0. 1h GARY A. GILOT DONALD E. INKS KATHRYN E. Roos MICHAEL C. MECHAM MARK W. NEAT. M h Q Ste. .. -v... od cc J ya I qq > • µ v'< DYI 1r {b ��P Yr �O, a O ,1 � � � �` � • M �a �� c a `o g • a 1 aM d Dip, a L9L6 R oC r a b[t / -fir 8 roctsh � r NfraL/- a CDL/- fDG/ 'b1./• ° aeu -Bp "4D / / -dEJ *n ?l Is I TIw . 96u -"OF R bbll -B( OL a LeW_,�1 X - o9oi LbLh p • o1. CbGh — • /1.p- m W£h 1.9 / /•L LGL /- J'f w • LS: _4tL /• " , /91./. �r Ltu"-99 a 4 i .-• a .M. foY9 � fol9 e 761. 901.1 -r6 AP.NItOVED Board of Public Works mm�� N a fi �i W-77—,� aeu -Bp "4D / / -dEJ *n ?l Is I TIw . 96u -"OF R bbll -B( OL a LeW_,�1 X - o9oi LbLh p • o1. CbGh — • /1.p- m W£h 1.9 / /•L LGL /- J'f w • LS: _4tL /• " , /91./. �r Ltu"-99 a 4 i .-• a .M. foY9 � fol9 e 761. 901.1 -r6 AP.NItOVED Board of Public Works mm�� N a fi �i LGL /- J'f w • LS: _4tL /• " , /91./. �r Ltu"-99 a 4 i .-• a .M. foY9 � fol9 e 761. 901.1 -r6 AP.NItOVED Board of Public Works mm�� N a fi �i Melinda Lercel From: Eugene Eyster Sent: Monday, March 11, 2013 9:47 AM To: Melinda Lercel Subject: RE: Alley Vacation - Mt, Carmel Baptist Church Melinda, The Police Department would have no objection to the approval of this request Lt. Eyster From: Melinda Lercel Sent: Monday, March 11, 2013 8:35 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st- joseph.!n.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Ailey Vacation - Mt. Carmel Baptist Church This file was sent out on Friday for you to provide recommendations. The file was corrupt. Please try this one! Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mlercel@southbendin eov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http://www.southbendin.gov Melinda Lercel From: Michael Divita Sent: Tuesday, March 12, 2013 10:58 AM To: Linda Martin Cc: Atin Kain; Melinda Lercel Subject: FW: Alley Vacation - Mt. Carmel Baptist Church Attachments: Alley Vacation - Mt Carmel Baptist Church.pdf Alley Vacation - Mt. Carmel Baptist Church Community Investment recommends approval. Mt. Carmel owns all of the property adjoining this alley segment, No neighborhood or access issues evident should this vacation proceed, Note: Alley vacation request is for east -west alley east of St. Joseph Street (not Carroll Street as the cover memo states). `�rwvip� w. Michael Divita r �14.v Planner Department of Community Investment a�. City of South Bend -.,. " 227 W. Jefferson Blvd., Suite 14005 Sri `'` South Bend, IN 46601 (574) 235 -5843 mdivitaRsouthbendin oov From: Jitin Kain Sent: Tuesday, March 12, 2013 8:43 AM To: Michael Divita Subject: FW: Alley Vacation - Mt. Carmel Baptist Church From: Melinda tercel Sent: Monday, March 11, 2013 8:35 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st- joseph.in.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource,com Subject: Alley Vacation - Mt. Carmel Baptist Church Atin Kain o� Director, planning Department of Community Investment (574) 235 -5835 -ii '" ikain0southbendin.eov City of South Bend 227 W, Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 ill I I� :• From: Melinda tercel Sent: Monday, March 11, 2013 8:35 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st- joseph.in.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource,com Subject: Alley Vacation - Mt. Carmel Baptist Church This file was sent out on Friday for you to provide recommendations. The file was corrupt. Please try this onel Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mlercelkasouthbendi n.gov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http://www.southbendin.gov INTER - OFFICE ME TO: BOARD OF PUBLIC 0�2, FROM: SUBJECT: APPL LOCATION: DATE DUE: PAX OR E-MAIL 0 Andre a price, Solid Waste Michael Mechara unn Investmenf` - - -.. _ n dco Rodrigue2, F1neering pe,. Losen BnorniI Area Plan Departm - Gen •us or23S- °mmissioa. -:.- e EYsfer, police pe 3 fax) phi! Gr Greene CitYAfto arnent Lind i ffin NIPSCO Heys Oda a M• Martin, Clerk rr' ri'f'e nisi yACA pT FOR RECOIy N MENDATIO Mf. Carme/ i'he East Baptist Church to the AN ,��h --e South INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 3/8/2013 TO: Andre Price, Solid Waste Jitin Kain, Community Investment Michael Mechem, Engineering Department Federico Rodriguez, Fire Department John Byorni, Area Plan Commission (ibyomI0co.st- ioseoh.in.us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO ( m riffin nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk ,--- SUBJECT: REQUEST FOR RECOMMENDATION — PROPERTY VACATION APPLICANT: Mt. Carmel Baptist Church LOCATION: The East West Alley between Indiana and Dubai( from Carroll to the North South Alley DATE DUE: January 28, 2013 FAX OR E -MAIL TO: 235-91711 Imartin(ftouthbendin.gov RECOMMENDATIONS AND COMMENTS: BY A.U. f / °lQ(/;�%Si Date Melinda Lercel From: Federico Rodriguez Sent: Thursday, March 14, 2013 1:00 PM To: Melinda Lercel Subject: RE: Alley Vacation - Mt. Carmel Baptist Church Approved S.B.F.D Federico (Chico) Rodriguez Fire Marshal Fire Prevention Bureau (574) 235 -7564 frodrigu @southbe nd in.gov South Bend Fire Department 1222 S. Michigan St. 46601 From: Melinda Lercel Sent: Monday, March 11, 2013 8:35 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyomI @co.st-joseph.in.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Alley Vacation - Mt. Carmel Baptist Church This file was sent out on Friday for you to provide recommendations. The file was corrupt. Please try this one! Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mlercel@southbendin.gov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 htti2://www.southbendin.gov Melinda Lercel From: Michael Divita Sent: Tuesday, March 12, 201310:58 AM To: Linda Martin Cc: Jitin Kain; Melinda Lercel Subject. FW: Alley Vacation - Mt. Carmel Baptist Church Attachments: Alley Vacation - Mt Carmel Baptist Church.pdf Alley Vacation - Mt. Carmel Baptist Church Community Investment recommends approval. Mt. Carmel owns all of the property adjoining this alley segment. No neighborhood or access issues evident should this vacation proceed. Note: Alley vacation request is for east -west alley east of St. Joseph Street (not Carroll Street as the cover memo states). From: Jilin Kain Sent: Tuesday, March 12, 2013 8:43 AM To: Michael Divita Subject: FW: Alley Vacation - Mt. Carmel Baptist Church N k�a._ „• Michael Divita r r. Planner Department of Community Investment City of South Bend 1 "9 227 W. Jefferson Blvd., Suite 14005 ;,. South Bend, IN 46601 (574) 235 -5843 mdivita(ftouthbendin oov From: Jilin Kain Sent: Tuesday, March 12, 2013 8:43 AM To: Michael Divita Subject: FW: Alley Vacation - Mt. Carmel Baptist Church N k�a._ „• Jitin Kain Director, Planning Department of Community Investment 1 "9 (574) 235 -5835 ikain @southbendin.eov City of South Bend 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 From: Melinda Lercel Sent: Monday, March 11, 2013 8:35 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @cost- joseph.in.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Alley Vacation - Mt. Carmel Baptist Church This file was sent out on Friday for you to provide recommendations. The file was corrupt. Please try this one! Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 ml ercel to south b end i n.eov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http://www.southbendin.gov Melinda Lercel From: Christa Nayder <CNayder @co.st joseph.in.us> Sent: Friday, March 15, 2013 3:23 PM To: Melinda Lercel Subject: Re: Alley Vacation - Mt. Carmel Baptist Church Attachments: Mt Carmel Baptist Church.doc Please find our recommendation attached. Christa Nayder Planner Area Plan Commission 574- 235 -9571 cnayder0co st- Joseph in us >>> Melinda Lercel <mlercel(casouthbendin.gov> 3/11/2013 8:35 AM >>> This file was sent out on Friday for you to provide recommendations. The file was corrupt. Please try this onel Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mlercel @southbendin.eov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 httP://www.southbendin.gov IMPORTANT NOTICE! This E -Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying or action taken in reliance on the contents of this E -Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway, waive privilege or confidentiality. If you have received this E -Mail in error please immediately delete it and notify sender at the above E -Mail address. Please note that incoming a -mails are not routinely screened for response deadlines, and as such, please notify the sender separately by fax of any message containing deadlines. In addition, E -Mail information cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus. Therefore, the sender does not accept liability for any errors or omissions in the contents'of this message which arise as a consequence of E -Mail transmission. If verification is required, please request a hard -copy version. Melinda Lercel From: Andre Price Sent: Monday, March 18, 2013 8:41 AM To: Melinda Lercel Subject: RE: Ailey Vacation - Mt. Carmel Baptist Church Melinda, this will not affect trash collection From: Melinda Lercel Sent: Monday, March 11, 2013 8:35 AM To: Andre Price; Jitin Kain; Michael Mecham; Federico Rodriguez; jbyorni @co.st josephJn.us; Eugene Eyster Cc: Cheryl Greene; pmgriffin @nisource.com Subject: Alley Vacation - Mt. Carmel Baptist Church This file was sent out on Friday for you to provide recommendations. The file was corrupt. Please try this onel Thank you, Melinda Lercel Department of Public Works Division of Engineering (574) 235 -9251 mlercel@southbendin.gov City of South Bend 227 W. Jefferson Blvd. Suite 1316 County City Building South Bend, IN 46601 http://www.southbendin.90 AREA PLAN COMMISSION OF ST JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 2359571 March 18, 2013 City of South Bend Board of Public Works 13'h Floor, County -City Building South Bend, Indiana 46601 RE: Alley Vacation Petitioner: Mt. Carmel Baptist Church Location: East West Alley between Indiana and Dubail from Carroll to the North South Alley Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. It is the staff's understanding that the alley is purposed to be vacated for future development. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The petitioner owns the property adjacent to what they are requesting to vacate. The remaining sections of the alleys would remain open for access to the other lots. (3) The vacation would not hinder the public's access to a church, school, or other public building or place, The church is the property owner requesting the vacation. The public could still access the church from the remaining alleyways. (4) The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The configuration of the remaining east half of the east/west alley and the north /south alley may hinder the turning radius, especially of larger vehicles like garbage trucks. Due to the above stated reasons, the staff recommends that the proposed alley vacation be approved subject to the petitioner dedicating additional right -of -way from lots 67, 68, and 84, Bowman Place Addition to accommodate the turning radius. Please contact our office if you have any questions or need any additional information. Sincerely, Angela M. Smith, Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA. & ROSELAND W W W. STJ OSEPHCOUNTY I NO I ANA. CON INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 3/812013 TO: /Andre Price, Solid Waste t Jitin Kain, Community Investment - Michael Mecham, Engineering Department VFederico Rodriguez, Fire Department VJohn Byorni, Area Plan Commission (ibvorni aC2co.st- .ose h.in.us or 235 -9813 fax) Gene Eyster, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (m riffin nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk ` l-- SUBJECT: REQUEST FOR RECOMMENDATION - PROPERTY VACATION APPLICANT: Mt. Carmel Baptist Church LOCATION: The East West Alley between Indiana and Dubail from Carroll to the North South Alley DATE DUE: January 28, 2013 FAX OR E -MAIL TO: 235 -9171 / Imartin(a_southbendin.gov RECOMMENDATIONS AND COMMENTS: By Date ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5661 F.J. NIMTZ PARKWAY AND THE VACANT PROPERTY EAST OF AND ADJACENT TO AND WEST OF AND ADJACENT TO 5661 F.J. NIMTZ PARKWAY, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Zoning is currently "LP' Light Industrial. A change in the zoning classification to "O" Office District will allow for greater development opportunities and is compatible with surrounding zoning classifications. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, shall be and the same hereby is amended to provide that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Blackthorn Corporate Park, Park Minor Sub # 7 Lots 6, 7, and 8 be and the same is hereby established as "O" Office District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and publication according to law. Attest: City Clerk moo. /J1. (d+ Member of the Common Counc CdtF37ddtC2; sbT o€nnkrf an r, n�j n A 4'ei � l ':'l.:piJl� Ldld coutdeii &Y'L"O f Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. City Clerk Approved and signed by me on the day of .m. day of , 20 , at o'clock Mayor of the City of South Bend, Indiana Filed in Clerk's offic, L'013 f CITY SEND, IN f tst READING 3 _� PUBLIC HEARING 3 rd READING NOT APPROVED HrERP.ED PASSED PETITION TO REZONE City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 5661 F.J. Nimtz Parkway and the vacant property east of and adjacent to and west of and adjacent to 5661 F.J. Nimtz Parkway, South Bend, Indiana 2) The property Tax Key Number(s) is /are: 025- 1018 - 062208, 025- 1018- 062209, and 025 -1018- 062210 3) Name and address of property owner(s) of the petition site: South Bend Redevelopment Authority 1400 County City Building South Bend, IN 46601 Ph: 574-235-9371 4) Name and address of contingent purchaser(s), if applicable: Not applicable 5) It is desired and requested that this property be rezoned: From: "LP' Light Industrial To: "O" Office District 6) This rezoning is requested to allow the following use(s): General office and medical office 7) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Scott Ford — Director of Community Investment 227 W. Jefferson 1400 County-City Building South Bend, IN 46601 574- 235 -9371 Sford@southbendin.gov CONTACT PERSON: (If different) Same as above Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): Filed ?!n - , : x'* lJtNa FMAY'y yn fliMcag' V5W, * ,OfNp, IN LEGAL DESCRIPTION Lot Numbered Six (6) as shown on the recorded Plat of Blackthorn Corporate Office Park Minor Subdivision #7, recorded July 13, 1998 as Document Number 9836274 in the Office of the Recorder of St. Joseph County, Indiana. Lot Numbered Seven (7) as shown on the recorded Plat of Blackthorn Corporate Office Park Minor Subdivision #7, recorded July 13, 1998 as Document Number 9836274 in the Office of the Recorder of St. Joseph County, Indiana. Lot Numbered Eight (8) as shown on the recorded Plat of Blackthorn Corporate Office Park Minor Subdivision #7, recorded July 13, 1998 as Document Number 9836274 in the Office of the Recorder of St. Joseph County, Indiana. Filed *o ; "F "Tt �Office i1P ?01'3 ._ . J CCY1rCLOK, 0 yrh ? .W, IN PRELIMINARY SITE PLAN REQUIREMENTS City of South Bend, Indiana Tabulated (listed) Data (Note: data noled arefor illustrative purposes on/5) 1. Land Coverage: LAND COVERAGE AREA % OF TOTAL AREA Total: 17.67 acres 769.705 sf 100% 2. Proposed land uses & floor area (e.g. bank, retail shopping center, office, pizza parlor, apartments) N/A 3. Parking ratios per use as required by ordinance and number of spaces to be provided. N/A 4. Sewer and water facilities N/A 5. Name of engineer, surveyor and landscape architect. N/A Mapped Information (drawn to scale) 1. North arrow, written and graphic scale, date. 2. Location of buildings and uses. 3. Boundaries of property with dimensions. 4. Location of buildings, uses and easements. 5. Location and composition of open spaces, landscape planting areas and buffer strips. 6. Location of parking and loading areas, entry and exit drives. 7. Abutting public and private streets. 8. Building and parking setbacks. 9. Location, height, size and type of sign(s). 10. Topography and other natural features. 11. Sanitary, storm sewer, and public water connections; or, private well and septic system locations. NOTE: additional information may be required during the review process so that the Commission can make an informed decision. Office MAY.2^aij -I CITY (?t.C64. �t',it� a't� �Fr�CS, 6Df PROPERTY OWNERS 025- 1018 - 062207 Crescent circle at Blackthorn, LP 188 N. Euclid Avenue, Second Floor Upland, CA 91786 025-1018-062206 Crescent Michiana Properties, LLC Attn: Thomas C. Panzica 416 E. Monroe, Suite 320 South Bend, IN 46601 025- 1018 - 062205 Career Academy of South Bend, Inc. 3801 Crescent Circle South Bend, IN 46628 025-1018-062422 South Bend Redevelopment Authority 1200 County City Building South Bend, IN 46601 025- 1018 - 062423 South Bend Redevelopment Authority 1200 County City Building South Bend, IN 46601 025 -1018- 062406 South Bend Redevelopment Authority 1200 County City Building South Bend, IN 46601 025- 1018- 062401 South Bend Redevelopment Authority 1200 County City Building South Bend, IN 46601 025- 1018 - 062410 South Bend Redevelopment Authority 1200 County City Building South Bend, IN 46601 025 -1018- 062424 GKD Properties, LLC 55615 Whipporwill Court South Bend, IN 46619 025- 1018 -0628 St. Joseph County Airport Authority District 4535 Lincolnway West South Bend, IN 46628 025- 1018 -062808 St. Joseph County Airport Authority District 4535 Lincolnway West South Bend, IN 46628 MAY BW E &� Qo. 92A -t3 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR APPROXIMATELY 85 ACRES LOCATED AT THE SOUTHEAST CORNER OF SAMPLE STREET AND PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the rezoning of approximately 85 acres located in the City of South Bend, Portage Township, St. Joseph County, Indiana, has been filed by the City of South Bend by its Redevelopment Commission and Data Realty Northern Indiana LLC to rezone from GI — General Industrial District and Ignition Park PUD to PUD Planned Unit Development to provide for a mixed -use PUD District to be known as "Ignition Park PUD" which is compatible. with the surrounding zoning classifications.. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, shall be and the same hereby is amended to provide that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: That part of the Northeast Quarter of Section 14 and the Northwest Quarter of Section 13, both in Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the intersection of the Centerline of Prairie Avenue with the Centerline of Sample Street; thence East along said Centerline of Sample Street and the North line of said Northwest and Northeast Quarter Sections a distance of 2,159.25 feet more or less to a point of intersection of the Centerline of Sample Street with the Centerline of Lafayette Boulevard; thence South along said Centerline a distance of 599.75 feet more or less to the Centerline of Garst Street; thence West along said Centerline a distance of 410.25 feet more or less to the Centerline of Franklin Street; thence South along said Centerline a distance of 687.32 feet more or less to the South line of Stull Street and the North line of Lot # 2 of the Plat of "Transpo Minor Subdivision" recorded by Document No. 0918833 in the records of the St. Joseph County, Indiana Recorder's Office; thence along the North line of said Lot # 2, S. 890- 21' -27" W. a distance of 400.84 feet more or less to the Northwest corner of said Lot # 2; thence S. 00 °- 19' -00" E. along the West line of said Lot # 2 and its Southerly extension a distance of 1,020.34 feet more or less to the South line of a 30 -foot wide Right -of -way for the Penn Central Railroad formerly known as the Terre Haute & Logansport Railroad and as shown on said "Transpo Minor Subdivision" Plat; thence Northwesterly and Westerly along said South line a distance of 840.05 feet to a point of intersection with the West line of Ignition Drive South extended South; thence N. 000- 26' -45" W. along said Southerly extension and the West line of said Ignition Drive South a distance of 402.97 feet more or less to a point; thence continuing along said Westerly line around a 342.00 foot radius curve to the right having an are length of 162.04 foot and a chord bearing of and N. 130- 07' -39" E. and a chord length of 160.53 feet to the point of intersection with the Southerly line of Ignition Circle; thence along said Southerly line around a 401.00 foot radius curve to the right having an are length of 166.10 foot and a chord bearing of and N. 40 °- 03' -01" W. and a chord length of 164.92 feet to the point of intersection with the Southerly right -of -way line of Cotter Street; thence along said Southerly line for the next two (2) courses, S. 67 °- 49' -42" W. a distance of 38.00 feet and around a 342.00 foot radius curve to the right having an arc distance of 107.49 foot and a chord bearing of and S. 76 °- 49' -56" W. and a chord length of 107.05 feet to the point of intersection with the East right -of -way line of Kendall Street; thence N. 89 °- 45'-35" W. a distance of 25.00 feet more or less to the Centerline of said Kendall Street; thence N. 00°- 26'-45" W. along said Centerline a distance of 42.0 feet more or less to the point of intersection with the Centerline of Cotter Street; thence N. 89 °- 45' -35" W. along the Centerline of Cotter Street a distance of 883.13 feet more or less to the Centerline of Prairie Avenue; thence along the Centerline of Prairie Avenue for the next Two (2) Courses, N. 280- 18' -01" E. a distance of 1,230.0 feet more or less and N. 00 °- 03' -53" W. a distance of 463.0 feet more or less to the point of beginning. Containing 85.07 Acres more or less. Subject to all legal highways, easements and restrictions of record. be and the same is hereby established as a PUD — Planned Unit Development to be known as the "Ignition Park PUD" to be regulated according to the "Ignition Park PUD Zoning Ordinance" attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and publication according to law. Attest: City Clerk ` W�A- Member of the Common C uncil COUnCd &Won oil l i+S t4Uz . Presented . by me to the Mayor of the City of South Bend, Indiana on the day of 20. at o'clock m. City Clerk Approved and signed by me on the day of .m. 1st READING PUBLIC BEARING 3rd READING NOT APPROVED REFERRED PASSED 20 , at o'clock Mayor of the City of South Bend, Indiana Filed In CI.ER R vu- wry Pty* 9C sdi;! ItifY, IN PETITION TO REZONE City of South Bend, Indiana I (we) the undersigned make application to the South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 85 acres southeast of Sample Street and Prairie Avenue. See attached sheet for addresses. 2) The property Tax Key Number(s) Ware: See attached sheet for tax key numbers. 3) Name and address of property owner(s) of the petition site: City of South Bend South Bend Redevelopment Commission 227 W. Jefferson Boulevard, Suite 1400 S South Bend, IN 46601 (574) 235 -9371 sfordAsouthbendin. gov 4) Name and address of contingent purchaser(s), if applicable: Not applicable. 5) It is desired and requested that this property be rezoned: Data Realty Northern Indiana LLC — 2: ol+s� F. Cs -44cr 1440 Ignition Drive South South Bend, IN 46601 (855) 525 -3282 From: GI — General Industrial; PUD— Ignition Park Planned Unit Development To: PUD — Planned Unit Development (to be known as "Ignition Park PUD ") 6) This rezoning is requested to allow the following use(s): The proposed rezoning is intended to provide for a high tech park known as Ignition Park. The park may include, but not be limited to, research and development facilities, education, office, prototyping facilities, and for other supporting and complementary uses. 7) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) six (6) preliminary site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 8) BY SIGNING THIS PETITION, THE PETITIONERS /PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS ACQUIRING AN INTEREST THEREIN. SUCH REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL. PETITION PREPARED BY: Scott Ford City of South Bend Department of Community Investment South Bend Redevelopment Commission 227 W. Jefferson Boulevard, Suite 14005 South Bend, IN 46601 (574) 235 -9371 sford(cDsouthbendin.eov CONTACT PERSON: (If different) (same) I� r , IL1r or, signature of Attorney for all property Owner(s): Fued In ClerW5 Office -7 [MAY 2 - 'N 13 M asrw ,.9 CnN CL ERIC, Sit"eV N- MN O, IN Ignition Park PUD Tax Key Numbers & Addresses Tax Key Approximate Address 018 - 8002 -0061 SE CORNER S FRANKLIN & W SAMPLE 018 - 8002 -0070 1004 S FRANKLIN 018 - 8002 -0071 1006 S FRANKLIN 018 - 8002 -0073 1012 S FRANKLIN 018 - 8002 -0074 1014 S FRANKLIN 018 - 8002 -0075 1018 S FRANKLIN 018 - 8002 -0076 1022 S FRANKLIN 018 - 8002 -0077 1024 S FRANKLIN 018 - 8002 -0078 319 W GARST 018 - 8002 -0079 315 W GARST 018 - 8002 -0094 901 S LAFAYETTE 018 -8002 -0096 915 S LAFAYETTE 018 - 8002 -0097 917 S LAFAYETTE 018 - 8002 -0098 900 BLOCK S LAFAYETTE 018 - 8002 -0099 900 BLOCK S LAFAYETTE 018- 8002 -0100 1005 S LAFAYETTE 018 -8002 -0101 1005 S LAFAYETTE 018 - 8002 -0102 1000 BLOCK S LAFAYETTE 018 - 8002 -0104 1015 S LAFAYETTE 018 - 8021 -0849 400 BLOCK W SAMPLE 018 - 8021 - 084901 400 BLOCK W SAMPLE 018 -8021- 084902 1100 PRAIRIE 018 - 8021 - 084903 1010 PRAIRIE 018 - 8021 - 084904 400 BLOCK W SAMPLE 018 - 8021 - 084905 1400 BLOCK S KENDALL 018 - 8021 - 084906 400 BLOCK W SAMPLE 018 -8021- 084907 410 W SAMPLE 018 -8021- 084908 1000 BLOCK S FRANKLIN 018- 8021 - 084909 400 BLOCK W SAMPLE 018 -8021- 084910 NE CORNER PRAIRIE & COTTER 018 -8021- 084911 1100 BLOCK S FRANKLIN 018 - 8021 - 084912 500 BLK W IGNITION 018 - 8021 - 084913 500 BLK W IGNITION 018 - 8021 - 084914 1440 S IGNITION 018 - 8022 -0891 ISE CORNER PRAIRIE & W SAMPLE Note: Given final plat of Ignition Park Subdivision, tax key numbers and addresses may change 4/23/2013 Filed In CSI k'- CC* FM AY Z Q 13 CITYCLERP ,.; ,tel pY SEND, IN N H ei ci H ei N 0) m rl ei N si .ti 'i 'i N N N H N N si 0 N t ei si O O O O O 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 w O N O O y m m to m m to W O 0 to W to W m m m m w m w to tD w 0 w to w w tD m tD tD tD m m N N tD m w m tD w tD tD lD w w 0 tD tD D1 to tD W m N Vt a V a <t v a m 0) d' V V V a a a a a c v V' a a V v V V a W H N Z Z Z Z Z Z Z V V Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z a a a a a a s a a a a a a a a a a a a a a o,a a a a a a O W 0/ 0/ 0) 0) 0) m m m m m m m �b ry m m m m m m m m m m m m m m O m m m m 3 3 3 O 7 7 O 3 7 O L m 0A > > > 3 3 3 7 3 O Oo 3 7 7 C 7 3 3 O V o t o En N R R Ln o I n N N t o N o tN ON Vf Oo V1 t O O O O O O N O N N N N N N N N N N b0 w b0 Q m b0 MO b0 b0 V) N a v -O dQU-0 v-0 'a a a-> -0 m m Q ys m m m m m > >mj. J D' Y Z+ m Y m m m m m m O b° N VI C o o o o o o b z U U u N u u iv v o 0 T T > �' �' �' ° 0 -� 0 �' �' Y O o. a �' �' h v h v v v v v 'o N N O) C C C a+ t0 a C C C a `� C C `� `� `'G ``k `� LL N w w w J 3 D t a O O 3 0 Y m y 3 = 01 01 O/ T cc c M ccc ccc W J J 3 C V) -�i in G C U V U m m 0 0 0 U U m {/� 'n X o,yN V) V7 0 0 0mvaaC>CD 0 0333333 m N N N O O O M N N 0 0 0 0 V) I- O O n n n n n n N N N N Q N N N N N N tD v v V N CF C* e N N N N N N N N N * 0 0 0 0 00 W 00 N N rl tM N N N N N 00 00 N N e-I N N N N N N N N m N H Z. Z Z O O CL w w O O O a s O in W W W S = K ~ ~ W W 0 W K 0= 0= U W W H O m m C z IZ- Z LL LL LL Qa Z � O O O O a Z z _J m J Y D Z) 2 2 O O O C Q L Q p p Z M O 0 0 0 O O O Z Q www W W Z } Z O J Z Z Z Z Z Z Z Z Z Z Z W Z W W Q Q Q m m m Q m Z m V> m m m m m m m m N D O O S S 2 0 LL LL S 0 2 J o U 2 S S S S 2 S= W F, h O H J O 0 H H F F- F H F- F- w w w > D 7 W O V O W m Z 7 O 7 O>>> 7 Q C7 C7 L7 O O O t7 O= O a z W O O 0 0 0 0 0 0 K K K N N Ln VI D_ V) O m N N N N N N V) V) W d� W W W LL LL LL W W W LL W LL Z U LL LL LL LL LL LL LL LL Z J U J J O O O co m m 0 Vn O O 0 O 0 0 0 0 0 0 7 J J J J Z 3 O O V, °� w k� w� w r� N o ti z z z z m_ Q p� � �_ �_ O w w W U V cu O Q O O U W H F U V) U Z Gr V) U C V OC U U U U V U C N C1 N lD N �.i N VI m n m 0) N ON Ln V-zr N O N N N O M Vf tD N m O N N N O O O O O 0 L to V i, a 0 O 0 0 0 0 0 0 0 r N N N N 0 N tD N tD N 0 N O N tD H D N N H H N N V O O O O O O O O O O O O 0 J N O N O N O cN} N O N N N ' N M M M tD a N tD t0 O N 0 N O O e4 0 O A 0 O N 0 O A 0 O N 0 O A 0 ay 0 O N 0 O ei 0 O A 0 O N 0 O r - 0 { y O 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O V m M M M M M m M m m M M m m m 00 m m m m 00 m m 00 m m m m OL m 00 00 00 00 00 W 00 00 00 00 00 00 00 00 W 00 W 00 00 00 00 00 W 00 W 00 00 a o 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0_0,0,0.0,0,0.c,0 O O O O O O O O O O O O O N O O O O O O O O O N N Ln O O N ti C tD to to w to w w tD w to w tD w O tD lD w w w w tD w O V1 In N O W N N V OV N V V 'OV V V a a v a � a V W t V V V a V a V V <t V V a v v W F y z Z Z z. Z Z Z Z Z z z Z Z 0 Z Z z Z z Z Z Z Z Z Z z Z Z Z Z _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C C C C C C C C C C C C C C C C C C C C C C 01 Q O/ O/ o .51= L L L L C L L O Y L L Y Y L L 3 7 O >L >-01.51M O N 0 O o N 0 n � ) N o N N N U V 0 m 0 0 W W n w w O O O O O O O O O O O N N N N N O N N N N N lA N N N YI N to N 0 N VYi V7 N a a a a a a a a = -o co m v > > > > > > > > y a > m m m m m m m m m m m Y Y' ((] m m m m C C C C C C C C Z C O �, CO z Z Z Z N O O O O O O O O V O y, N y, to O yv+ �p y , O O O O +' i L L L L L L L L V IO Q Y ,Q; Y 2 Y W L L L L 0 a Ln > N yY,� �" w, } Y C 0) O) O 03 t0 N f0 Y Y L 1c0 fc0 Y Y N cc� G OL 0 t0 I, f0 (wp �- J J C G J J J o 3 3 3 3 3 3 3 3 0 3 n m i v w W o OWW u1 H H H H O N 1, n 1\ n n 1%, N n O 11 R a' N n O O O 11 1` n 1` N N an N N N N Q O N N N N N N N N N N N N N N N N N N H N N N Mimi N O N N D7 N 01 N O N of N Q7 N N N N N N N N O M O M of w N N N H O M O 09 K 1- Z J W W U J } 2 W V 2 0 U O CC Z Z v d O ~ U W F- w z Q Z O d0 V U U U D O D 0 0 0 O O D U Z 0 0 0 z Z Z Z Z Z Z z Z Z Z Z O H y w w w K z Z Z Z W W W W W W W W W W Z W W W W x S x S x x x x x x} W H F- F- H !- F- Q J Q 0 F- F F- W =) O D D O 7 0 D 0 D 0>>> x z 0 O 'zzzzz0000 m z z z z n d� z 0000000000lna "`- 0 W w U to to V7 N N N VI (A VI N N x cN Z O O O O O N N N N W W 1= CC J LL LL LL LL LL LL LL l l LL W U C= F E E H H LL LL LL LL d 0 o Z o o 0 0 0 0 0 0 0 o J J J J J J O o 0 0 D! w Q m w W J Q Q w m a a CO CO 3 0 2 Q O Q Q Q 0 0.6 z 0 0 0 off O N V U U U U U U U V U U M U S 2 x 2 x 0 0 0 U (7 (7 Y th t4) (D (7 N N N N O N M f Ln w n 00 m O O O V to 1\ 00 C) O N N V Ln 0) 00 N N N N O w O f� O N O O N O n O n O O N O 00 O 00 O w M O oM O O M O M O O N O N O N O N N N N N N M 00 00 O O O O o 0 0 0 0 0 O O O O O O O O o 0 0 0 N 0 N o N 0 N 0 O A N N N N N N N N N N N rV N N N N N N N N N N N A M M 4) t0 t0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O W O O O O O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 O O O U W W W W m W W M W W m W M w w w W w w 00 w 00 m m 00 w 00 00 m 00 w o0 o0 00 o0 OO o0 o0 o0 o0 o0 o0 o0 o0 00 m0 00 m0 00 06 00 OD 00 00 00 00 00 W 00 W W a o 0 0 0 0 0 0 0 0 0 I 0 o 0 0 0 0 0 0-11818181818181818181 0 0 0 a v v a a v v ti m , N coo � 0000. n oo , N ��- O0000"Ooo lD LD O LD O O o W 000 w tD tD O O LD LD w O w LD to w d Ln LD N w Ln w Ln w Ln O m w w w w a to a a v v w w a a v a N a a w a a a a a a W F H Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z a v d a a a a a a a a a a a a a m a m a m m m C C T C T C O1 C O1 C O/ C O) C O1 C OJ C C O) C 0) C OJ C N C 0) C O1 C OJ C O/ C O) C 01 C '0) C 01 C O) �� N mm m m m m m m m n m m m m m m m m m m m m m m Y Y L L L 3 tf t Y Y > Y Y Y 7 Y 7 7 J O 7 7 7 7 3 Y Y Y O O O O O O O O O O O O O O O O O O 0 O W W W W w 0 N N N N N N N N N N N N N N N DA C 0 b0 C W m 00 a a b0 O b0 00 J = w w �"� b0 bD b0 -0 > > c -0 •= N 'O a m 5 a a N a :2 'O m m m m m m co mV m m m m> m Z Z Z Z Z y O O Y >. 4 m V N V U j N U O D U U m N 0 0 0 0) O 0/ O N >. Y �y y� 01' N iT' GJ Y V CC � Z,� Gl M Y Y _N O" N Y w Y Y Y Y C^ V- �F u D. O. L Y G C `� C C (Wy Ly C C C `� C C C C E a N f0 Rl N E E 3 >> N 7 T W 7 7 3 J J 3 lII t0 W W W W w W U N N N U U V U V U U V -�i U U U W N U H N N ci H O Ln N w W m 0 0 3 O 0 0 O O O 3 0 0 00 N ei N N a-i N O f, I, N N N O O Il O O O n O O O n O O O O LD i, D O o 0 0 0 N Ln N N N m N N N N N N N N N N N N N N V O N Q m m m M M N IR n N �'-� �--� �'-� �-'� N r-1 rl r1 N LL O Z H Y d W W 0 O U Z d O w ?i Z W m in F U J U OZ Z cN C W a Wc W J O H 0 M w W G 0 d Q cc O ~ w 'n = 0 LL Q d d W O O in z _O 0 w Oc => W LY ?> Q~ F J d LLL c 0 c O W O Z F N O O O O N W O O 0 W 0 O LL cc O 0 0 O O O O m 0 0 0 0 W 2 °� J m m c L c C Z Z W Z LL Z O Z Z Z Z Z Z Z Z Z F J O O u a W W w W F W m W m W m W m W m W m W m W m W m 0! 0 J J J J J J J J O CO m o K m = m = = _ = 2 = _ _ _ = Z v� W V }JY }J} d W W FwF = = W = _ w Z lY cc Z LN J Q Q Q = a 0 0 O O m 0 0 O O O O O O O a 0 z w Z N Q N N N N W K w w K m a 0 LU Z CO m m m Z Z 0 0 O 0 0 0 0 0 0 0 0 0 0 > w 0 L (D (D N O O W W G U U N U 6 U U U V V U U V O d N 0 N oO N 1� 00.q" m 0 to N o0 N M 0 V 000 N W I.- 000 m m O N co N V N Ln N m m m m n F, F, n n m m m m m m m m m m v m v m v m v m v m a a n m m m N m N m N m N m N v M a m a m v m a m v w v m v m v m v m v 00 v m c 00 a m v m m m m m m m m m 0 9 9 9 9 9 9 9 9 9 9 9 9 9 O g o o 0 0 0 0 0 0 0 0 0 0 0 tD lD w w LD to ei a-I N N a-I e4 ei N N N N e4 A N r4 N A 1i N N N N W O O O O p O O N N N N N N N N N N N N N O N O N O N 0 N 0 N 0 N 0 N 0 N 0 N 0 O m O 00 O 00 O 00 00 c m 0 00 0 m 0 m 0 00 c 00 0 00 0 m 0 m O 00 O 00 O 00 O m m m m m m m m m W 00 00 m 00 m o0 00 00 00 00 00 00 m o0 00 00 00 00 00 W o0 00 00 00 00 00 00 00 00 a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N ri Ln I, O N V Ol N H H N H m m m N N H N N H N O O m a-I 00 v m O O O O O O N N e� O O O O O O O y LD W ID Ln O O m m W m LD LD LO m M LD LO m LO m LD LD LD Lo UD V N ct V a v v N a N a V a a V W r 19 z z Z Z Z j Z j z z z z z z z z z z z z z z z 3 0) m m m m Ol t+ 0) 0) m 0) 01 C C m 01 m m 01 0) OJ 0) m m m Co Y CO O m m m m m OC OC m m m m m m m m m � c C C Y 3 Y 3 V 3 L V 7 C m Y 3 3 3 3 3 7p 3 E E 7 3 7 7 7 O 7 7 N V Vo N vi uJ Ln D' N Z 0 N N Ln N 2 2 N VOl N N LR VOf N O Ln O ~ O O O ON } N N N O 3 m O C 00 01 Y Y m 0) 0) y OD C 0 > = 00 00 K 2' 00 N N N h 'O z L w w m mmm mUU m `Ommm mm O 0 N C C O O = N C C C 0) �+ 0p Ln m Q � o v v V O CO CO 3 u o 0 0 v W C> N 0) F N � �+ �+ Y Y m LL a C L O C 1, ` C C_ C 01 U U t C `� ` `� w C �+ N, 3 3 y h m m m 7 U N , L m 0J N C "m+ m O N C WD LL m O O O N N o O O N H M O O N O O 01 m- N N N N N O Q N O m to m a N N 00) (3) l N Y N N N N O N H U LL w 0 O he U Q Z W C r z w W 2 Q O LL ko 0 O _ 0 he Cl Z z Z Q r Z Q z O Q> Z Z Q > CL O r r m O 0 W U W 0 Z Z 7 Z z Z z F W W LL Y a W W O V r oC Q W Q K O cr LL i Q LL W O Q O O LL LL W Ln "- O O O Z S r O CC LL W O. W W O 0 Z O W m J Q N m C< r W F F- F- CL z J LL W W z U Q OU Oc w 0Z$ Z Y J= r V~f 2° N V) 0 J Z O F- F- m m CO 0 V Q O W 0 0 0 0 O O c W x G 0 0 0 0 0 a 0 z N O Z J 0 Z z z Z Z LL S LL Q Z z z Z Z Z W m Q cc G z Q d W W W W W V 2 W W W W W L W co 2 W Q Q a m m Z m m m J m m m m m Z O m S O J O 2 O z to F- 2 S w 2 2 L.L 2 w J w J w ?� 2 2 2 2 2 w p 2 F- J 2 V LL z Ln F- F- F- F- F' z W m 0 Q W F- F- F- F- F- m F- Z W � 0 W a» O W 0= 0= 0 0 D V O O D a\ O O U~ to } y}j Z 0 0 O O O m Q Q Z z O O O O O m 0 to z N to N NO' m K N V1 to N Ln 0 O 0 J Z Q VI N Vf to N In N Z D. LL LL W LL LL LL z z z Q W LL LL LL LL LL W LL LL Z Q w 3 O F" ^ F w 0 0 w 0 0 O Q w �n X 0 0 0 0 O W O O F- 0 F� In u OO U u u u u U V U V v v U o ? Q Q 7 g z z 0 0 N V V 0) m o N q* m 0) O N Ln W n m m O N a Ln LO 0) 0) 0) 0) N m a V O O N N N H ti rl a--1 a--I N N m m m m 00 00 00 0) 0) m 0) O 0 0 0 O O O O O O O O O O O O O O O O O O O � O N N N N M M M V Ln Ln Ln LA Ln Ln IA U1 Ln Ln LA Ln LD LD W N N N N N N N N N N N Cl N N N N N N N N N N N 0 0 0 0 0 0 0 00 0 0 0 0 0 0 O O O O O 0 0 0 UJ 00 00 00 m m 00 m m m 00 m m m 00 00 m m m m m m 00 m C 0-0, 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 a 00 0000 00 000 000 00000 0.0.0 ��1� � �� "" �� ,� ��LD Iq WIDW �N ��4 tDWWIDWW �tiN a ID tD (DIDtoIDto m W w tD tD IDID tD m LDW m to WWI ID m tD � W to w m m to tD tD w to to tD m N v r a a a a v a v v a a v v v v a a a a v a a a a a W Q H Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z a c a c a c a c a c a c •o c a c a c s c a c s c a c a c a c a c a c a c a c a c a c a c a c a c a c a c w m w m w m w m w m w m w m w m w m w m w m w m w m w m w m w m w m w m w m w m w m w m w m w m w m w m L Y L Y L Y_ L Y L Y_ L L L L L L L L L L L L L L L L L L L L L m 7 m m 3 7 7 m m m m 3 7 7 7 3 3 7 7 7 V In to to N to to to N In N N N to N N N 1n to N N V) VOI to N N N p N ] 0 00 0 O 04 C 0 4 o C Q a T N N H en H V y Oo OD On O "O S "O s a N m N Q N o0 bD V h �••� Yk m 00 N I� N "> — — — 'O � '6 d "O � •� '3 �� N '] m M m m m m Y N m Y N m Y m m m Y m Y m m m m m m m m U C O Y Z w C O Y U O Zh C O Y� Z, O O O C O C O L C 0 C 0 N N N w N N N N N N Z. Z 21- i+ � Z. w w w w w Y w t2 c M c c c c c m c m c m c C m c m c c c mN c > w W V U U U U U 3 3 3 3 U U 3 3 U U 3 3 0 0 0 0 0 'N 0 'N r.o 0 r.o 0 rloo 00 0 O nn MNI r�oo 0 0 rlrlooNN cc Don0000 Q N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ri N c-r N N N N N H N N N N N N 2 = 2 N N LL O K K W w Y W p O O O LL 3 0 0 z z r- Z Z F 0 H z Z= Q Q W Q w Q w w m Q m Q w O Z 0 Z d p Z a p Z a 0 LL Z 0. D Z Z w 0 w O 0 0 0 0 0 0 O O LL 0 LL co p LL LL w p cc 0 K z Q O z Q p H F W H W H W W F O N W Z N N �' N N 0[ m m N m N p p p p p p p p W p p LL p p LL p p p m m p m o n o 0 0 0 0 p Z z z z z z z O Z z O z z O z Z z Z Z Z Z Z z z z z z z z W m W m W m W m W m W m W m W m W m W m W m W m W m W m W m W m W m W m W m W m W m W m W m W m W m W m LL LL LL Z Z)Z)Z) Z)Z)Z)Z) � M � � � O O O O O O wDDwD=zDD O m O O m O O m O O CL O O 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N 0 N N 0 N N p N N N N N N N N N N N N N N N LL O}} LL O LL O LL O LL O LL O LL Z O t o} L Z o t o} t Z O l o t O l W o w LL 0 LL 0 LL 0y LL 0 LL 0 LL 0 LL 0 LL 0 LL 0 LL 0 LL 0 LL 0 Z Q } Q Q } } 1^ 00 0) 0~ Nv Mm N tD � n V a N N N tD N n N 00 N Ol N O w rl tD N tD M to V' w O n N n N r\ N m O O O O O O O O O rl 0 rl 0 rr 0 rl O ri 0 rl 0 rl 0 N' 0 N 0 T l 0 N 0 N 0 H 0 N 0 rl 0 N 0 N 0 tD N' W N W N tD N tD N tD N tD N tD N tD N tD N W N tD N tD N W N tD N tD N W N W N tD N lD N to N lD N lD N lD N l0 N r N LU 0 0 0 0 0 0 O O 0 O O O o O 0 0 0 0 0 0 0 0 0 0 0 0 Q 00 m m m m m m 00 m 00 m 00 00 00 m m m m m m 00 00 00 00 00 00 w a o0 o0 00 00 o0 o0 00 W OO 00 00 00 OO o0 00 00 00 00 00 o0 00 OO OO m m m 0 0 0 0 0 0 0 0 0 0 0 0 081 CO. 0 o 0 0 0 0 0 0 0 0 0 MAY 2 � 2013 Office IN � d' N N H N H N N M �--I O N M o� 0 0 0 O O O O N O 0) O a tD tD to W 0 W tD m W tD m m to 0 m 0 w w tD w tD tD to tD w 0 w O N a v r cr at V C V V V V tD V Cr W a � Z Z Z Z Z Z Z Z Z Z Z J Z Z _ C C C C C C C C C C C G C N W 0) C1 N WW N O) (/ m a m c m m m D m Co Co Co Co m m m a 3 0 7 7 7 7 7 7 7 7 3 3 3 O im V V) to Vl N to V) V) V) N I A o U V) o O ID tD W t0 O W 00 N 3t u 3L N xk H 3C C '> '> '> to .a "> -> d) > Co m Co Co C >� C Q C C Q V O O O O V U O fp O O (p C p C v v v . VI O -Oi -Oi O O -Oi G -Oi -O i x C) p p Co O M I� n n n O O n 0) n rl ei Q" N m lD N N N N N N N N N H N N N N O V) N N O D_ N N N d' LL W O W F O_ LL H CL W � Z = � O W > m Wp O O 0 0 Q = C O V) O O a K Q a m O O 0 0 0 0 0 0 D D D D U Z Z 2 Z Z Z Z Z. V Z Z Z J W W W W W W W W U W W W W m m Co Co m Co Co m J Z Co Co Co V) W S J S S S S S S 2 m 0 2 2 S F J F• F- F• F• F F F- 7 J f- F- F- D D 7 7 > > > > > > a Q > > > F- 0 Co O O O O O O W O LL w O O O Z {n y to {n {n V) (A In V) O V) N N W DC I W I LL I L l LL W LL t LL l > Z 0 0 0 0 O O O 0 O 0 0 0 � 3�o�� r�r�Wr =o= Z o m3 L)Uu W M a )n t0 n O M V in m n m m a-I m m m 00 00 m (n m 0) m m rn 0) 0 0 0 0 0 0 0 0 0 0 0 0 0 o ti o r; r; rl P, r; r; r; r; rl rl r; r; � r; N N N N N N N N N N N N N N LLI 0 0 0 0 0 O O O O O O O O O U00 mmmm mm m mm 00 00 00 00 � ob C6 ob ob ob ob 00 ob ob ob ob 00ob ob a 00 0 0 0 0 0 0 CO. 81 81 0 0 0 MAY 2 � 2013 Office IN Ignition Park PUD Zoning Ordinance Petitioner: City of South Bend Redevelopment Commission Introduction Petitioner, City of South Bend Redevelopment Commission, requests the rezoning of approximately 85 acres to a PUD — Planned Unit Development District to provide for a high tech park known as Ignition Park and for other supporting and complementary uses. Ignition Park is intended to be a launching pad for technological innovation. Ignition Park, in combination with Innovation Park, creates a two -site, single, State Certified Technology Park within the City of South Bend. The primary objective of this PUD District is to encourage development which achieves a high degree of. (i) excellence in overall site design; (ii) integration of individual parcel site design within the overall development; and, (iii) innovation, creativity and quality in building design. The PUD District provides flexibility and procedural economy by permitting a broad range of high -tech land uses and related support uses in a single district, while maintaining adequate land use controls to protect adjoining properties. Ignition Park Planned Unit Development (a) Permitted Uses (1) Primary Uses (A) Educational Uses: Including but not limited to: Child Care Center; School — College / University, Primary, Secondary, High School, Continuing Education, Commercial, Trade, Industrial or Business. (B) Industrial Uses: Including but not limited to: Engineering or research laboratories; Prototype facilities, which may include the following uses on a developmental basis — Assembly or blending of previously manufactured parts, sub - assemblies or components; Cleaning, testing or repairing of goods, materials or products; Data processing or analysis; Manufacture, processing, refining or fabrication of goods, materials or products. (C) Office / Professional Services: Including but not limited to: Offices related to any Industrial Uses allowed within Ignition Park; Corporate Headquarters (office only). (D) Public Facilities: Including but not limited to: Community Center; Parking Garage. (E) Residential: Including but not limited to: Dwelling Unit — upper level. (F) Miscellaneous: Including but not limited to: Clinic (medical, dental, or optometrists); Conference Center; Hotel. . (2) Support Uses for Individual Uses or Buildings (A) Support uses and structures, subordinate, appropriate and incidental to the above permitted primary use(s), including supportive services directly related to and in the same building with the primary use(s). (B) Support retail and service commercial uses, subject to the following regulations: Support retail or service commercial uses are provided for the primary purpose of serving the occupants and/or employees of the primary use structure as well as visitors to and the general population of Ignition Park; and ii. Examples of permitted support retail or service commercial uses include, but are not limited to: retail services, food services and personal services. (3) Support Uses for Ignition Park (A) Personal Service: Including but not limited to: Health Spa or Fitness Center. (B) Utilities: Including but not limited to: Electricity Relay Station; Power Generation & Distribution Facility; Public Utility Substation; Pumping Stations; Water Towers; Transportation Services. (C) Sunnort Uses: Including but not limited to: retail services; food services; and personal services. (4) Accessory Uses — As regulated by Section 21- 03.11: General Regulations for Commercial / Mixed Use Districts. /;F 1 Y � e bti t p� _ R• � i 9 yc yy Y" { � K f (b) Development Standards (1) Access Access to Ignition Park shall be limited to shared street road cuts. Individual uses or buildings shall not utilize a private, individual street road cut unless otherwise approved by the City Engineer. Access to individual parcels may be provided by the development of internal public streets, internal private streets or by limited private access easements serving multiple uses within Ignition Park. The size, location and number of access points shall be subject to the approval of the City Engineer. (2) Ignition Park Minimum Yard and Minimum Building Setback Requirements (A) Front Yard and Building Setback — The minimum front yard and minimum building setback, measured from the front lot line shall be as depicted in Diagram 2. The minimum setback shall be 5' from any new public or private street. (B) Side or Rear Yard and Building Setback — The minimum side or rear yard and building setback measured from a side or rear lot line shall be 5'. (3) Use of Ignition Park Minimum Yards All Ignition Park Minimum Yards shall be maintained as a landscaped yard area free from buildings or structures unless specifically authorized: (A) Minimum 20' Front Yards — may include: Ignition Park Campus Signs; entrance drives; walkways; front stairs, stoops or patios which do not project into any public right -of -way; drainage features and utilities. (B) Minimum 5' Front Yards — may include: entrance drives; walkways; front stairs, stoops or patios which do not project into any public right -of -way; or, utilities. (C) Side and Rear Yards — drives connecting to adjoining parcels; walkways; drainage features and utilities; and outdoor seating areas, provided any outdoor seating areas: i. shall not block an entrance or exit to or from the business or building; and, ii. shall be located so as to not interfere or conflict with drives, walkways; or foundation landscaping. IGNITION PARK PUD Diagram 2: Front Setbacks LEGEND 20' Setback 5'Setback (4) Minimum Separation Between Buildings Minimum building separation shall be in compliance with all applicable local, state or federal building, fire and safety codes. (5) Maximum Building Height — 90 feet. (6) Landscaping — All landscaping shall comply with the LI Light Industrial District regulations of Section 21- 07.01— Landscape Regulations of the South Bend Zoning Ordinance. Manmade or natural water features may be incorporated into any front, side or rear yard landscape requirement. (A) Foundation Landscaping for Individual Buildings. Creativity, compatibility, sustainability and maintenance shall be guiding principles in the development of a foundation landscape plan. Species and design character shall be harmonious with the landscape pattern established by the perimeter landscaping. Foundation landscaping shall, at a minimum, be landscaped in compliance with the foundation landscaping requirements of Section 21 -07.01 (c) (1) of the South Bend Zoning Ordinance for Foundation Plantings for Industrial Districts. (7) Lighting — All outdoor light fixtures shall comply with the regulations of Section 21- 07.02: Lighting Regulations of the South Bend Zoning Ordinance except as specifically provided below: (A) Freestanding, non - cutoff fixtures shall be limited to locations along sidewalks, walkways, or pedestrian ways, or outdoor seating areas; (B) Low intensity / low output architectural lighting, including ground mounted up- lighting and wall fixtures, may be non- cutoff; and, (C) All other freestanding or wall fixtures shall be full cutoff fixtures. (8) Signs NOTE: As Ignition Park is developed, a comprehensive sign package may be developed and be presented to the Area Plan Commission for approval. Approval of such a comprehensive sign package by the Area Plan Commission would supersede the following sign regulations. (A) Ignition Park Campus Signs Ignition Park Campus Signs shall provide identification to the entire Ignition Park and not to identify any individual use or occupant within Ignition Park. i. Type of Signs — Ignition Park Campus Signs may be either: a. Signs on Ornamental, Decorative Fence or Masonry Wall — One (1) sign may be incorporated into an ornamental, decorative fence or masonry wall located on each side of any shared street road cut into Ignition Park or at any corner of the Ignition Park PUD; or, b. Monument Signs — One (1) monument sign may be located at each shared street road cut into Ignition Park or at each corner of the Ignition Park PUD. ii. Height and Area: a. An Ignition Park Campus Sign located on ornamental, decorative fence or masonry wall shall not exceed ten (10) feet in height. The total wall area shall not be limited, however the portion of the wall devoted to Ignition Park Campus Sign surface area shall not exceed sixty -four (64) square feet in area. b. Ignition Park Campus Monument Signs shall not exceed eight (8) feet in height or one - hundred and twenty -eight (128) square feet in area. iii. Setback — All portions of an Ignition Park Campus Sign, whether on an ornamental, decorative fence or masonry wall or a freestanding monument sign, shall be setback a minimum of ten (10) feet from the right -of -way of Sample / Prairie / Cotter / Kendall / Lafayette / Ignition or a minimum of five (5) feet from the right -of -way of Franklin / Garst / Stull / Broadway. iv. Separation — No freestanding sign for any individual use or lot within Ignition Park shall be located within fifty (50) feet of an Ignition Park Campus Sign. (B) Freestanding Identification Signs — Freestanding identification signs shall be limited to monument signs as regulated in Section 21 -07.03 (d) of the South Bend Zoning Ordinance for the OB — Office Buffer District. (C) Building Signs — each building shall be permitted the following: i. Freestanding Tenant Directory Signs — One (1) pylon sign not to exceed six (6) feet in height or eighteen (18) square feet in area, to identify the use or uses within the building. ii. Building Identification Signs — Building identification signs shall be limited to wall signs as regulated in Section 21 -07 03 (d) for the OB — Office Buffer District and O - Office District. In addition, awning signs or canopy signs may be permitted subject to the provision of Section 21 -07.03 (d) (4) (D). (D) Incidental / Directional / Wayfinding Signs — freestanding incidental / directional / wayfinding signs shall be permitted at each critical turning point along an interior access drive when required to safely direct vehicular traffic (e.g., to direct vehicular traffic to a: particular use within Ignition Park; a customer or employee parking area; or, a delivery or loading area). Such incidental / directional / wayfinding signs shall: not exceed two (2) square feet devoted to any particular per use or location; ii. may contain up to five (5) uses or locations for combined maximum sign area of up to ten (10) square feet per sign for signs identifying more than one use or location; iii. not be located less than two (2) feet back from the back of curb / edge of pavement from any interior access drives; iv. not be located further than ten (10) feet from the back of curb / edge of pavement of an interior access drive; and, V. comply with the regulations of Section 21 -01.01 — Clear Sight Area Requirements of the South Bend Zoning Ordinance. (9) Off - Street Parking (A) Design and Construction of Off - Street Parking Areas All off - street parking areas shall be designed and constructed in compliance with the provisions of Section 21 -07.04 (d) — Design and Construction of Off - Street Parking Areas of the South Bend Zoning Ordinance. (B) Minimum Number of Required Off - Street Parking Spaces The minimum number of required off - street parking spaces provided shall be at the rate of two- thirds (2/3) of the standards given in Section 21 -07.04 (e) — Minimum Number of Required Off - Street Parking Spaces of the South Bend Zoning Ordinance. (10) . Off - Street Loading (A) Design and Construction of Loading Areas i. Loading Areas for Semi - Trailer Size Vehicles All off - street loading areas intended for Semi - Trailer size vehicles shall be designed and constructed in compliance with the provisions of Section 21 -07.05 (b) — Design and Construction of Loading Areas of the South Bend Zoning Ordinance. ii. Loading Areas for Parcel Delivery Size Vehicles All off - street loading areas intended for parcel delivery size vehicles shall be designed and constructed in compliance with the minimum specifications prescribed by the Board of Public Works. iii. Orientation of Loading Areas All loading areas, whether designed for semi - trailer sized vehicles or parcel delivery size vehicles, shall be oriented to the side or rear fagade of the building served: iv. Screening of Loading Areas All loading areas, whether designed for semi - trailer sized vehicles or parcel delivery size vehicles, shall be effectively screened from view from any public right -of -way through the use of buildings, screen walls, landscaping, landscape berms, or combination thereof. LOADING AREA: ALLOWED LOADING AREA: NOT ALLOWED PERIMETER STREET ti 11 _ NEW MONO (11) Outside Operations and Storage PERIMETER STREET ' NO SCREENING ' NOT (ALLOW AED 1 1 l 1 DGIEDINGFEWFACAU NEW BLKDING DGNDING MOW MAK NEW BUILDING All uses and operations (except for off - street parking and off - street loading and delivery, and walk -up customer service windows) shall be conducted within completely enclosed buildings, except where expressly permitted below: (A) Outdoor seating, provided that such outdoor seating: Shall not be located in any public street right -of -way; and, ii. Shall not block an entrance or exit to or from the business or building. 10 �1 Ire ' SCREENING PFMDED ' . ' lOADINDAAEA I ' t ALLOWED I J PERIMETER STREET ' NO SCREENING ' NOT (ALLOW AED 1 1 l 1 DGIEDINGFEWFACAU NEW BLKDING DGNDING MOW MAK NEW BUILDING All uses and operations (except for off - street parking and off - street loading and delivery, and walk -up customer service windows) shall be conducted within completely enclosed buildings, except where expressly permitted below: (A) Outdoor seating, provided that such outdoor seating: Shall not be located in any public street right -of -way; and, ii. Shall not block an entrance or exit to or from the business or building. 10 (c) General Provisions (1) Land Use at Southwest Corner of Sample Street and Lafayette Boulevard The wrecker service and related uses occupying the northeast quarter of the block bounded by Lafayette Boulevard, Garst Street, Franklin Street, and Sample Street shall be permitted until the earlier of (i) when that premises is vacated, or (ii) December 31, 2014. (2) Temporary Uses Due to the number of different land uses and the number of various construction contractors that may be working in the various portions of Ignition Park at the same time, it may be necessary to provide for information /.sales / leasing or construction trailers as permitted Temporary Uses as generally provided for in Section 21- 03.11: General Regulations for Commercial / Mixed -Use Districts or Section 21- 04.11: General Regulations for Industrial Districts. The final location of all such information / sales / leasing or construction trailers shall be subject to the approval of the Executive Director. If a centralized information / sales / leasing or construction trailer area is established for Ignition Park, such trailers shall be permitted during the entire construction period of Ignition Park. If scattered site information / sales / leasing or construction trailer locations are utilized for various individual sites, such trailers shall be permitted only during the construction period for that individual site. (3) Incorporation of South Bend Zoning Ordinance Certain Sections of the South Bend Zoning Ordinance, which are in effect as of the date of adoption of this Ignition Park PUD Ordinance, have been specifically noted in the text above as providing regulations for Ignition Park. In addition, the following provisions of the South Bend Zoning Ordinance which are in effect as of the date of adoption of this Ignition Park PUD Ordinance and which may not have been specifically noted in the text above, shall also apply to development within Ignition Park: (A) Section 21 -01.01 (k): Subdivision of Land; (B) Section 21 -01.01 (s): Exemptions for Transportation, Communication and Utility Lines; (C) Section 21 -01.01 (t): Clear Sight Area Requirements; (D) Section 21 -01.01 (u): Requirements for All Private Streets and Private Alleys; (E) Section 21 -01.01 (v): Exemption for Anti- Terrorism Devices and Portable Towers. it (F) Section 21- 02.11: General Regulations for Residential Districts shall be applicable to all residential or dwelling uses within Ignition Park; (G) Section 21- 03.11: General Regulations for Commercial / Mixed Use Districts shall be applicable to all commercial uses within Ignition Park; (H) Sections 21 -07.01 (d) - Interior Off - Street Parking Area Landscaping, 21 -07.01 (e) - Off - Street Parking Area Screening, 21 -07.01 (f) - Minimum Plant Material Sizes at Time of Planting, 21 -07.01 (g) - Installation of Landscaping, and 21 -07.01 (h) - Maintenance of Landscaping; (I) Section 21- 07.02: Lighting Regulations; (J) Section 21 -07.03 (c): On- Premise Signs: SFl, SF2, MFl and MF2 Districts; (K) Section 21 -07.03 (e): On- Premise Signs: MU and CBD Districts; (L) Section 21- 08.01: Special Regulations for Wireless Telecommunications Facilities applicable to surface - mounted or roof - mounted applications of telecommunication antenna on existing buildings or structures (the construction of new, freestanding telecommunication towers shall be prohibited within Ignition Park); (M) Section 21- 08.02: Special Regulations for Controlled Uses; and, (N) Section 21 -11.2: Definitions. The terms or words used in the text of this Preliminary Plan shall have the meanings set forth in Section 21- 11.02: Definitions of the South Bend Zoning Ordinance, unless a contrary meaning is: (i) required by the context of a particular sentence or phrase; or, (ii) specifically prescribed in a particular sentence or phrase. (4) Architectural Review Board The Architectural Review Board ( "ARB ") for Ignition Park shall review all land uses as well as all site plans, landscape plans, open space / outdoor seating plans, building plans and sign plans for consistency and compatibility with the intent for Ignition Park as well as the architectural themes and character established for Ignition Park. All plans filed with the Executive Director or Building Commissioner to establish any land use or for approval of any development within Ignition Park shall include the written approval of the ARB. (5) Determination of Permitted Uses (A) Establishment of Uses — To assure the long term compatibility of land uses within Ignition Park, especially the size, scope and nature of accessory uses, the establishment of any land use shall, in addition to approval of the ARB, be subject to the approval of the Executive Director. 12 (6) Alternate Development Standards In order to encourage innovative building and site designs capable of enhancing the quality of the Ignition Park built environment, an applicant may propose alternate development standards for: yards and building setbacks; use of minimum yards and residential bufferyards; maximum building height; maximum gross floor area; parking; loading; outdoor operations; architecture; landscaping; lighting; or, signs, subject to approval by the Architectural Review Board and the Area Plan Commission. Application for such alternate development standards shall be in the form of a Secondary Approval referred to the Area Plan Commission for determination. (7) Final Site Plan Submittal Process (Secondary Approval) Final Site Plan submissions or Secondary Approvals shall be filed in compliance with the provision of Section 21 -05 (c) (5) of the South Bend Zoning Ordinance. 13 M�� CITY CL NI tivVOORTV E.Mp, IN Exhibit "A" Legal Description for Ignition Park PUD That part of the Northeast Quarter of Section 14 and the Northwest Quarter of Section 13, both in Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the intersection of the Centerline of Prairie Avenue with the Centerline of Sample Street; thence East along said Centerline of Sample Street and the North line of said Northwest and Northeast Quarter Sections a distance of 2,159.25 feet more or less to a point of intersection of the Centerline of Sample Street with the Centerline of Lafayette Boulevard; thence South along said Centerline a distance of 599.75 feet more or less to the Centerline of Garst Street; thence West along said Centerline a distance of 410.25 feet more or less to the Centerline of Franklin Street; thence South along said Centerline a distance of 687.32 feet more or less to the South line of Stull Street and the North line of Lot # 2 of the Plat of "Transpo Minor Subdivision" recorded by Document No. 0918833 in the records of the St. Joseph County, Indiana Recorder's Office; thence along the North line of said Lot # 2, S. 89°- 21' -27" W. a distance of 400.84 feet more or less to the Northwest corner of said Lot # 2; thence S. 00 °- 19' -00" E. along the West line of said Lot # 2 and its Southerly extension a distance of 1,020.34 feet more or less to the South line of a 30 -foot wide Right -of -way for the Penn Central Railroad formerly known as the Terre Haute & Logansport Railroad and as shown on said "Transpo Minor Subdivision" Plat; thence Northwesterly and Westerly along said South line a distance of 840.05 feet to a point of intersection with the West line of Ignition Drive South extended South; thence N. 00 °- 26'-45" W. along said Southerly extension and the West line of said Ignition Drive South a distance of 402.97 feet more or less to a point; thence continuing along said Westerly line around a 342.00 foot radius curve to the right having an are length of 162.04 foot and a chord bearing of and N. 13 °- 07' -39" E. and a chord length of 160.53 feet to the point of intersection with the Southerly line of Ignition Circle; thence along said Southerly line around a 401.00 foot radius curve to the right having an arc length of 166.10 foot and a chord bearing of and N. 40 °- 03' -01" W. and a chord length of 164.92 feet to the point of intersection with the Southerly right -of -way line of Cotter Street; thence along said Southerly line for the next two (2) courses, S. 67 °- 49' -42" W. a distance of 38.00 feet and around a 342.00 foot radius curve to the right having an arc distance of 107.49 foot. and a chord bearing of and S. 76 °- 49' -56" W. and a chord length of 107.05 feet to the point of intersection with the East right -of -way line of Kendall Street; thence N. 89 °- 45' -35" W. a distance of 25.00 feet more or less to the Centerline of said Kendall Street; thence N. 00 °- 26' -45" W. along said Centerline a distance of 42.0 feet more or less to the point of intersection with the Centerline of Cotter Street; thence N. 890- 45' -35" W. along the Centerline of Cotter Street a distance of 883.13 feet more or less to the Centerline of Prairie Avenue; thence along the Centerline of Prairie Avenue for the next Two (2) Courses, N. 280- 18' -01" E. a distance of 1,230.0 feet more or less and N. 00 °- 03' -53" W. a distance of 463.0 feet more or less to the point of beginning. Containing 85.07 Acres more or less. Subject to all legal highways, easements and restrictions of record. Office ce MA 013� -4i; vc:� +zaa Cl-- ----- �U-Tk; �; 4 BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5 -15 (a) AND (d) OF THE SOUTHBEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the current regulations addressing bee keeping within the city limits have not been updated in recent decades. It is acknowledged that the State of Indiana aids and assists in the "development and protection of the bee and honey industry..." as further addressed in Indiana Code 14 -24 -2. It is further acknowledged that the Indiana Department of Natural Resources (DNR) Division of Entomology and Plant Pathology maintains a government website posts and maintains information on honey bees at www.in.gov /dnr /entomolo /5746.html and also at www.in.gov/dnr/entomolo/2893.html On January 7, 2010, the Congressional Research Service provided to Congress a report on the "Honey Bee Colony Collapse Disorder ". This 17 -page document noted among other things that the State of Indiana was one of thirty -five states affected by the colony collapse disorder (CCD) where an "alarming number of bee colony losses and die - offs" began in late 2006. Symptoms of CCD include: rapid loss of adult worker bees; few or no dead bees found in the hive; presence of immature bee; small cluster bees with live queen present; and pollen and honey stores in hives which may be caused by pathogens, parasites, environmental stresses and poor nutrition. Part of the U.S. Department of Agriculture's Action Plan to address CCD include increased educational and outreach programs aimed at improving the "general bee health and reduce susceptibility to colony collapses and other disorders..." Current reports for 2013 show the highest level of commercial colony losses at an average of 55 %. Much has changed in recent years with regard to municipal bee keeping regulations. Many municipalities have established bee keeping regulations, some of which include Evanston, Illinois; Cleveland, Ohio; Salt Lake City since 2009; Provo, Utah since 2011; Madison, Wisconsin since 2012; Minneapolis, Minnesota since 2009; Milwaukee, Wisconsin since 2010; Spokane, Washington — just to name a few. In 2010, New York City lifted its ban on bee keeping within its city limits. New York City permits the honey - producing Apis mellifera bee, which can produce as much as 100 pounds or more of honey annually. This ordinance is believed to be in the best interests of the citizens of the City of South Bend, Indiana, by setting forth reasonable honey bee keeping regulations. Honey Bee Keeping Regulations Ordinance Page 2 9%a, 341;jy(64 &/GaFA&dL by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 5, Article 3, Section 5 -15 (a) and (d) of the South Bend Municipal Code are amended to read as follows with all other said provisions remaining in effect: Sec. 5 -15. Acreage Requirements for Certain Domestic Animals (a) Any person desiring to raise any of the following named domestic animals or fowl must have a minimum of five (5) contiguous acres in land: (7) Bees. Reserved. :: •. - s Section II. Chapter 5 of the South Bend Municipal Code shall be amended by the inclusion of new Article 10 which shall read in its entirety as follows: Article 10. Honey Bee Keeping Regulations. Sec. 5 -50 Legislative Findings. (a) The Common Council finds that honey bees can be maintained within populated areas without causing a nuisance, if honey bees are properly located, managed, and maintained. (b) Honey bees are a benefit to society by pollinating flowers, gardens and trees and thereby contributing to the local ecosystem, as well as furnishing honey, wax, and other useful products. (c) The regulations set forth in this Article are in the best interests of the health, safety Honey Bee Keeping Regulations Ordinance Page 3 and welfare of the city.l See. 5-51 Definitions. As used in this Article, the following words, terms and phrases shall have the meanings set forth herein: Apiary: the assembly of one (1) or more hives or colonies of honey bees at a single location. Beehive: domicile prepared for colony of honey bees. Beekeeper: a person who owns or has charge of one (10 or more colonies of hone Beekeeping Equipment: anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Bottom Board: floor of beehive. Building: any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.z City: City of South Bend, Indiana. Colony the entire honey bee family or social unit living together including queens, workers and drones. Flyway barrier: fencing, dense hedging or a combination of the two, which provides a shield or protective barrier from the direction in which the honey bees fly when approaching or leaving a hive. Hive: a frame or structure used or employed as a domicile for bees. Honey Bee: the common domestic honey bee, limited to the Apis mellifera species, specifically excluding the African honey bee, Avis mellifera scutellata or Africanized honey bee, or any hybrid thereof. Inner Cover: a cover used under the standard telescoping cover of a bee hive. ' Indiana Code § 36- 14-11 authorizes a city to pass, codify and enforce ordinances; and Indiana Code § 36 -1 -3 -2 grants to cities "...all the powers that they need for the effective operation of government as to local affairs ". Z South Bend Municipal Code § 21 -11.02 sets forth the zoning definition for "building" Honey Bee Keeping Regulations Ordinance Page 4 LanQStroth Type Hive: a hive consisting of an outer frame with a solid top cover, an inner cover, a bottom board, and a number of boxes and supers containing tightly spaced movable frames. Lot: a piece, parcel, plot or tract of land designated by its owner or developer to be used, developed or built upon as a unit under single ownership or control and may consist of (1) A single lot or record: or (2) A combination of complete lots of record .3 Nucleus Colony: a small colony of bees resulting from a colony division: or a Queen- mating hive used by queen breeders. Super: A wooden box with frames containing foundation or drawn comb in which honey is to be produced. Sec. 5 -52 Honey Bee Keening Public Safety Regulations. (a) Any person desiring to raise the common domestic honey bee, limited to the Aois mellifera species, must comply with the following public safety regulations. (b) The maximum number of colonies based on the size of the lot which shall be limited to the following: • Up to '/o acre Two (2) colonies • More than % acre but less than ' /2 acre Four (4) colonies • %2 acre but less than 1 acre Six (6) colonies • 1 acre or more Eight (8) colonies (c) A nucleus colony may be kept for up to a 30 -day period at one (1) for every colony. (d) No hive shall exceed seventeen (17) cubic feet in volume. (e) Location Requirements: 1. All colonies shall be located behind the building. 2. Beehives must have a flyway barrier which is located at least ten feet (10' front of the entrance to the hive at a height of six feet (6') if the hive's entrance is located within fifteen feet (15') of the property line. 3 South Bend Municipal Code § 21 -11.02 sets forth the zoning definition for "lot" Honey Bee Keeping Regulations Ordinance Page 5 3. If the hive's entrance is within five feet (5') of the pronertv line there must be a solid wall, dense vegetation or combination of the two which extends five feet (5') beyond the hive along the property line. 4. No hive shall be located closer than ten feet (10') from a public sidewalk. 5. Colonies may be kept on flat roofs without setback or flyaway barrier restrictions. (f) A constant supply of fresh, clean water shall be provided for all hives. Design must allow bees to access water by landing on hard surface. (g) The honey bees and equipment shall be maintained in accordance with the applicable provisions of the Indiana Code and apiary practices addressing honey bees recommended by the State of Indiana's ApiarLpector(s). Sec. 5 -53 Honey Beekeeping Permit Required, Permit Fee, Denial or Revocation. (a) Any person desiring to raise the common domestic honey bee, limited to the Apis mellifera species, must file an application for a Honey Beekeeping Permit with the Department of Code Enforcement's Division of Animal Care and Control for review. (b) A filing fee of twenty dollars (20) shall be required at the time of filing a completed application. (c) Prior to obtaining honey bees, a first -time applicant for a honey bee permit must provide written proof to the Division of Animal Care and Control that he /she has completed training or received information on beekeeping by an entity recognized by the Indiana Department of Natural Resources Department of Entomology Division of Entomology & Plant Pathology Purdue University. 4 (d) The Division of Animal Care and Control may deny or revoke a permit to any person who has failed or refused to comply with the permit requirements; who has made any fraudulent or false statement or material representation in the permit application ; or in connection with the keeping or maintenance of honey bees, or who has kept such honey bees in such a manner as to constitute a breach of the peace or a menace to the health, safety or welfare of the public. (e) Upon denial or revocation of a permit, the Law Department shall provide notice to the 4 A current "List of Assistance for Beekeeping in Indiana" may be accessed at www.in.gov /dnr /entomolo /files /eo- indiana beekeeping information.pdf Honey Bee Keeping Regulations Ordinance Page 6 permit applicant or permit holder of the anneal and hearing procedures set forth in Section 4 -16 of this Code. Sec. 5 -54 Compliance Required; Penalties. (a) It shall be unlawful for any person to keep or maintain an apiary , hive or colony in the City which is not in compliance with this Article. (b) Any person violating any of the provisions of this Article shall be issued a citation by the Department of Code Enforcement which provides for a fine of seventy -five dollars ($75.00) per violation payable through the Ordinance Violations. (c) Each violation shall constitute a separate and distinct offense. (d) Any person who has obtained a honey bee permit and who violates any of the provisions of this Article three (3) times as evidenced by citations being issued for each violation, shall have his/her permit issued under this Article revoked Said person shall not be entitled to have a new permit issued for a minimum of one (1) year from said date of revocation and must provide written proof that he /she has completed training on beekeeping by an entity recognized by the Indiana Depart of Natural Resourced Department of Entomology Division of Entomology & Plant Pathology Purdue University. Said training must have taken place after the date of the permit revocation. (e) Any apiary , hive or colony which threatens public health or safety; or creates a public nuisance; or which has been abandoned is unlawful. The City is authorized to take all reasonable action including removal and/or destruction of any apiary , hive or colony which is deemed necessary. Sec 5 -55 Exemptions for Zoological Parks, Schools, University, College, Etc. Nothing in this Article shall be deemed or construed to prohibit or restrict the keeping of honey bees in a hive stand or box located or kept within a zoological park school or university building or educational not for profit entity for the puroose of study or observation. Section III. Chapter 2, Article 19, Section 2 -213 of the South Bend Municipal Code shall be amended by the inclusion of the following and inserted into the chart in proper numerical order: 5 -54 Honey Bee Keeping Regulations $75.00 Honey Bee Keeping Regulations Ordinance Page 7 Section IV. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. tl Office of the City Clerk of 1 1st READING —E7—(2-13 PUBLIC HEARING 3rd READING NOT APPROVED REFERRED PASSED r� 5t I Tim Scott, Is District Cou tcil Member Office of the City Clerk day of 2013 at o'clock _.m. Pete Buttigieg Mayor of the City of South Bend, Indiana Filed €n C„ �e*'x € ffice MAY 8 m 20.19 �N JOHN Vt:CpAUL CITY CLERK,'SOUTSi BEND, IN City of South Bend Common Council 441 County-City Building . 227W. Jefferson Blvd ]vlay 7, 2013 South Bend, Indiana 46601 -1830 Derek D. Dieter Members of the Common Council President 4th Floor County-City Building Oliver J. Davis South Bend, Indiana 46601 Vice - President Re: Proposed Honey Bee Keeping Regulations (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Karen L. White Chairperson, Committee Dear Council Members; of the Whole Tim Scott I am pleased to introduce for your review and approval, regulations which would First District allow honey bee keeping in the City of South Bend. Henry Davis, Jr. The proposed ordinance is similar to the Urban Chicken Ordinance recently Second District passed by the Council, by incorporating reasonable health and public safety regulations. The number of hives would be limited by size and the monetary Valerie Schey penalty amount for violations is the same. Third District Fred Ferlic As you know, the only food desert in St. Joseph County is only in our City. Also Fourth District with industrialization, a major concern focuses on colony collapse and other diseases. Local honey bees are always better for any food source needing David Varner pollination. There is a local grass roots group, along with Unity Gardens who are Fifth District willing to help with educational outreach and training. They are also working to raise money so that they can donate two (2) bee keeper suits to the Department of Oliver J. Davis Code Enforcement. Sixth District Because honey bee keeping may be new to some of you, I am attaching the "List Derek D. Dieter of Assistance for Bee Keeping in Indiana" which the Indiana Department of At Large National Resources (DNR) posts on their website, which is referenced in footnote Gavin Ferlic # 4, as well as a drawing of a flyway barrier. At Large I look forward to discussing this with you when it is referred to the Council's Karen L. White Health and Public Safety Committee for review and recommendation, with 2nd & At Large 3`d readings and public hearing proposed for May 29th. Thank you. Tim Scott lst District Council Member Filed In C;; - -P* Office LMAY8-ZO13 CITYCLEfTK, ZR ;"U h SEND, IN VUrban Beekeeping: A Guide to Keeping Bees in the City Author: Craig Hughes co c i FOR INFORMATIONAL PURPOSES ONLY: An example of hive and flyway barrier: Filed In <`' .:rw4'; Office r hAY 8 2013 a CRY CLERK, :roj6Thi SEND, IN List of Assistance for Beekeeping in Indiana CONTACT FOR PESTS OR DISEASES Kathleen Prough State Apiary Inspector Indiana Department of Natural Resources Division of Entomology & Plant Pathology 402 W. Washington St., Rm W290 Indianapolis, IN 46204 Phone: 317-232-4123 Fax: 317-232-2649 E -mail: kuroughna.dnr.IN.gov www.IN.¢ov /dnr /entomolo Dr. Greg Hunt Honey Bee Specialist Department of Entomology Purdue University West Lafayette, IN 47907 Phone: 765-494-4605 E -mail: Qhunt(Jourdue.edu www.entm.purdue.edu/entomolopy /research /bee USDA BEE DISEASE DIAGNOSIS Bee Research Laboratory Building 476, BARC -East Beltsville, MD 20705 Phone: 301 -504 -8205 Fax: 301 -504 -8736 Main page: htto:// www. ba. ars. usda.gov /psi/brniehlights.htm Directions to send samples in: htty: / /www.ars.usda.eov /Services /docs.htm ?docid =7472 BEEKEEPING ASSOCIATIONS State Associations: There are two state associations. Join both and go to their meetings. Indiana State Beekeeper's Association www.hoosierbuzz.com President: Dave Shenefield, 765- 9814443 Vic President: Larry Kemerly, 317 -539 -7697 Indiana Beekeeping School www.indianabeekeei)ingschool.com Holds a beekeeping class in January Indiana Beekeepers' Association www.indianabeekeet)er.com President: Chris Burke, 317- 835 -2110 Vic President: Kenney Schneider, 812- 951 -3737 FiledV o ffIpe AY 6 _ Z013 Fm - ^M M CITY CLERK , BOU d H BEND, IN 1 List of Assistance for Beekeeping in Indiana Local Associations: Northern Indiana: Northeaster Beekeepers Association www.Neiba.info Fort Wayne area, and surrounding counties President: Ted Braun, 260- 625 -3477 Northwestern Indiana Beekeepers' Association www.nwibeekeei)ers.com Crown Point area, and surrounding counties President: Ed Rice, 219- 781 -8526 e -mail: ebricepyrodigv.net Michiana Beekeepers Association North Central Indiana & South Central Michigan President: Bob Baughman, 574- 232 -2983 e -mail: bob .deb.baughman(o)sbcalobal.net Lake Shores Beekeepers Association NW Indiana and SW Michigan Contact: Dave Laney, 574- 656 -8701 e -mail: davelanevaa,kconline.com Central Indiana: East Central Indiana Beekeepers Association Anderson- Muncie area Contact: Steve Doty, 317- 485 -5593 e -mail: isdotvnn,indv.net Sugar Creek Beekeepers Terre Haute- Rockville area contact: Pam or Steve Hauser, 765 -569 -5559 e -mail: stevena,cozvnestfarm.com 10 °Clock Bee Line Beekeepers Nashville area, and surrounding counties Contact: Mark Partridge or Tony Gaudin Mark: 812- 988 -9390 e-mail: indvoartridge(a,aol.com Tony: 812 -597 -1801, e-mail: asgaudin(a),msn.com White Lick Beekeepers Association www. W hiteLickBeekeeoers.org Mooresville- Indianapolis area Contact: Randy Morris, 317 - 834 -3575 Wabash Valley Beekeepers West Central Beekeeper's Terre Haute to Bloomfield area, and surrounding counties Lebanon area, and surrounding counties Contact: Perry Riley, 812- 898 -1385 Contact: Mike Schluttenhofer, 765- 482 -4384 e -mail: rilgy.honev.famAgmail.com e -mail: mrschluttan.illines.net Central Indiana Beekeepers Noblesville area, and surrounding counties Contact: Sam Dodd, 317-353-2475 e -mail: cumberlandelOfriendlv.com Southeast Indiana Beekeepers Association www.indianahoncy.org Southeaster Indiana area Contact: Jim Orem,812- 623 -2062 e -mail: iorem(a.nalu.net Spring Valley Beekeepers South Central Indiana area Contact: Kenny Schneider, 812- 951 -3737 Southern Indiana: Southwest Indiana Beekeepers Association Southwestern Indiana area Contact: Kim Fromm, 812- 483 -0453 e -mail: maiK0ouseomthehill.com Filed In C,Y.:`w*lt Office MAY 8 - 2013 ,It'r CITY CL ... — t :J, IN List of Assistance for Beekeeping in Indiana NATIONAL BEEKEEPER ASSOICIATIONS Heartland Apicultural Society www.heartl andbees.com Eastern Apicultural Society www.eastemal)iculture.org American Beekeeping Federation www.abfnet.ore American Honey Producers Association www.americanhoneyproducers.ora BEEKEEPING JOURNALS, BOOKS & INFORMATION American Bee Journal 217 - 847 -3324 www.dadant.com infor ,americanbeeioumal.com Bee Culture 800 - 289 -7668 www.becculture.com WicWas Press, LLC 1620 Miller Rd. Kalamazoo, MI 49001 203- 435 -0238 www.wiewas.com National Honey Board www.honey.com Filed In b: Iffice MAY 8 -- 2013 CITY CLERK, zo', : >? h 4END, IN r ,A� 0c), 13-3 101!311 Q". 0 *0611 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE TOTAL SUM OF $30,575.00 WITHIN CITY GENERAL FUND #101 FOR A NEW EMPLOYEE POSITION AND FOR PROFESSIONAL ASSOCIATION DUES STATEMENT OF PURPOSE AND INTENT The Common Council is amending the 2013 Salary Ordinance ( #10199 -12) to add the new position of "Diversity Compliance Officer ", a part time position (0.625 FTE). It is necessary to appropriate funds to support the salary and benefits of this employee for the remainder of calendar year 2013 in the sum of Twenty Thousand Five Hundred Seventy Five Dollars ($20,575). As part of the City's efforts to increase minority participation in the City of South Bend's public bidding opportunities, and in the provision of goods and services to the City, it is important for the City to join and participate in certain professional organizations which provide resources and support for diversity development, the dues for which total five thousand dollars ($5,000.00). These organizations are the Indiana Minority Supplier Development Council and the Women's Business Enterprise Council. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The sum of $20,575.00 is hereby appropriated and set aside within the Administration and Finance Department of the City General Fund #101 for the purpose of funding the salary and benefits for a new employee position within the City, that is, the Diversity Compliance Officer for the remainder of calendar year 2013. SECTION II. The sum of $5,000.00 is hereby appropriated and set aside within the Administration and Finance Department of the City General Fund #101 for the purpose of membership fees in and expenses for professional associations which furnish resources and support for diversity development, namely, the Indiana Minority Suppliers Development Council and the Women's Business Enterprise Council. 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. Attest: Member, South Bend Com n Council �YV�Rtt+ t 1 tP.� L /'sL? 0 •,' Council Gn YFtYJ L -Sue'. City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2_, at o'clock m. City Clerk Approved and signed by me on the day of , 2 at o'clock, .m. le READING J ( 3 -13 PUBLIC HEA2,'.NG 3 rd READING NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana Filed Ir r., y: ;3k ' onice MAY' 8 ZQ13 CPPY Clank So i "i3 3ENC, IN 120ON CouNry -Crrr BuLDING 227 W JEFFERSON BLVD. Soum BEND, INDIANA 46601.1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PHoNE574 /235 -9216 FAX 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE May 8, 2013 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance Appropriating Funds for Diversity Compliance Officer Salary and Professional Organization Fees Dear President Dieter: As you know, the Minority and Women Business Enterprise Diversity Development Ordinance passed by the Common Council on April 11, 2011 requires that many tasks be performed by a "Diversity Compliance Officer." Attached is an ordinance appropriating the sum of $20,575 from General Fund #101 to cover the salary of this part time employee (0.625 FTE). It also appropriates an additional $5,000.00 from the General Fund to cover costs of membership in two important, diversity related professional organizations, the Indiana Minority Supplier Development Council and the Women's Business Enterprise Council. A separate ordinance is being filed contemporaneously with the attachment which amends the 2013 Salary and Wage Ordinance ( #10199 -12) for non - bargaining employees of the City of South Bend, Indiana to create the "Diversity Compliance Officer" job position within the City. The City Administration believes that both the attached appropriation Ordinance and the companion Ordinance amending the 2013 Salary and Wage Ordinance will help South Bend achieve its goal of increased diversity development in City contracts, and hopes that the Council will approve both Ordinances. I will present the attached Ordinance to the Common Council at its Committee meeting and at the public hearing. Thank you for your consideration of these matters. _- Filed IT; AC HICe Sincerely, Mark W. Neal MAY �- �01� _- . �. Q .....J Yi.r 4'. i . .tH 3i,-OE City Controller CrrY Cd;:Aa, 60UTH SEND, IN ORDINANCE NO. A THIRD ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MAXIMUM SALARY AND WAGES OF CERTAIN NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE CALENDAR YEAR 2013, STATEMENT OF PURPOSE AND INTENT The Common Council approved Ordinance No 10199 -12 establishing the 2013 maximum salary and wages for all non - bargaining employees of the City of South Bend, Indiana on October 29, 2012. This Salary Ordinance was previously amended at the Council's meeting on January 28, 2013 as Ordinance # 10220 -13 to correct an error contained in the salary for the Financial Specialist IV position that had been carried forward since 2011. It was further amended on February 25, 2013 as ordinance # 10222 -13 to add two mayoral staff positions and to adjust salaries for certain Police Communications Center personnel. Salary Ordinance #10199 -12 again requires modification to provide a new position titled "Diversity Compliance Officer." This position was contemplated by the Common Council's Minority and Women Business Enterprise Diversity Development Ordinance, passed by the Common Council April 11, 2011 (as substituted), Ordinance #10081 -11, codified at Article 1, Chapter 14.5 of the South Bend Municipal Code. The funding for this salary ordinance amendment will be through appropriation from the General Fund by separate .ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I: Amendment to Ordinance 10199 -12 (a) The City of South Bend Salary Ordinance ( #10199 -12) is hereby amended to create one new part time position (0.625 FTE) within the City of South Bend, Indiana, titled Diversity Compliance Officer with corresponding maximum compensation to be paid in Calendar Year 2013 as set forth in Exhibit A which is attached hereto and incorporated herein. 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. 0 Attest: Member of the Common Councily City Clerk stoninz� i t t i n a! ", tD i 3.r and a�(T,,DIC't3i5ie� te'do l,:n »av iT9ilf'�fi71� Council auaan on thiis i JU0, Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock . M. City Clerk Approved and signed by me on the day of o'clock . m. tst READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED , 2012, at Mayor, City of South Bend, Indiana Filed it MAY � 4-013 BPD 120ON CouNrr -OTT Buaomc 227 W. JEFFERSON BLVD. Sourer BEND, INDjANA 46601 -1830 CITY OF SOUTH BEND PETE BU=GIEG, MAYOR P14oNE574 /235 -9216 FAX 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE May 8, 2013 Mr. Derek Dieter President, South Bend Common Council 4`h Floor, County -City Building South Bend, IN 46601 Re: Ordinance Amending the 2013 Salary Ordinance to Add Position of Diversity Compliance Officer Dear President Dieter: As you know, the Minority and Women Business Enterprise Diversity Development Ordinance passed by the Common Council on April 11, 2011 requires that many tasks be performed by a "Diversity Compliance Officer." Attached is an Ordinance which amends the 2013 Salary and Wage Ordinance ( 410199 -12) for non - bargaining employees of the City of South Bend, Indiana to create that job position within the City. It will be a part-time position, 25 hours per week, or .625 FTE. With the creation of this position, the City will greatly advance the goal and purpose of the Diversity ordinance - -to educate, attract, and better enable minority and women owned businesses to participate in City contracting opportunities. With this ordinance, a separate ordinance is being filed to appropriate funds for the salary and benefits of the Diversity Compliance Officer at $20,575.00, for the remainder of calendar year 2013, as well as to appropriate $5,000.00 for. professional association fees related to diversity development. The City Administration believes this Ordinance will help achieve the goals of the Diversity Development Ordinance of 2011, and hopes that the Council will approve both this and the companion appropriation Ordinance. I will present the companion Resolution and Ordinance to the Common Council at its Committee meeting and at the public hearing. Thank you for your consideration of these matters. med r:, r Office Sincerely, Mark W. Neal MAY 0 -1313 City Controller ... - _J jo$� ,d `Ba:/:O g C17V CL-.dtm, SOUTH SEND, IN