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HomeMy WebLinkAbout07-14-14 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, JULY 14, 2014 1. INVOCATION - CHAPLAIN BOB WEBSTER 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7:00 P.M. 14 -69 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE VOYAGES PROGRAM AND ITS CREATOR AND DIRECTOR RAY TURNER ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE: CHIEF OF STAFF KATHERYN ROOS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: RTT.T. NY) (BILL 31 -14 COUNCIL PORTION ONLY) 31 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS IN ARTICLE 10 OF CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKEFREE AIR REGULATIONS 32 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 140 NILES AVE., COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 8. BILLS, THIRD READING BTT,T, NO. TIME: 31 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS IN ARTICLE 10 OF CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKEFREE AIR REGULATIONS 32 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 140 NILES AVE., COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 9. RESOLUTIONS BILL NO. 14 -63 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT 1119 LINCOLNWAY WEST, SOUTH BEND, INDIANA 14 -64 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 4445 S. LINDEN ROAD 14 -65 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1904 NORTH KENMORE STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR J.J. WHITE, INCORPORATED 14 -66 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 140 NILES AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR RIVER RACE TOWNHOMES, LLC 14 -67 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 7 IGNITION PARK MAJOR SUBDIVISION AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR CATALYST, LLC 14 -58 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ACCEPTING AND CONFIRMING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION DETERMINING THAT THE TAX INCREMENT FOR ERSKINE VILLAGE TO BE COLLECTED IN THE YEAR 2015 MAY BE ALLOCATED TO THE RESPECTIVE TAXING UNITS AND OTHER RELATED MATTERS 10. BILLS, FIRST READING BILL NO. 35 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA, RIVER RACE TOWNHOMES 36 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE PURSUANT TO THE ENVIRONMENTAL PROTECTION AGENCY (EPA)'S RECOMMENDATIONS 37 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2014 OF $125,000 FROM GENERAL FUND ( #101), $300,229 FROM MOTOR VEHICLE HIGHWAY FUND ( #222), $30,000 FROM STUDEBAKER /OLIVER GRANT FUND ( #209), $2,000,000 FROM DEPARTMENT OF COMMUNITY INVESTMENT STATE GRANTS FUND ( #210), $150,000 FROM GIFT, DONATION, BEQUEST FUND ( #217), $1,000,000 FROM LOSS RECOVERY FUND ( #227), $9,900 FROM MORRIS PAC /PALAIS ROYALE MARKETING FUND ( #273), $885,084 FROM EMS CAPITAL FUND( #288), AND $15,000 FROM POLICE FEDERAL DRUG ENFORCEMENT FUND ( #299) 38 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2014 OF $170,500 FROM SOLID WASTE OPERATIONS FUND ( #610), $100,000 FROM SOLID WASTE CAPITAL FUND ( #611), $800,000 FROM PARKING GARAGES FUND ( #601), ($500,000) FROM 2014 SEWER BOND FUND ( #665), AND $286,863 FROM CENTURY CENTER CAPITAL FUND ( #671) 39 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2014 40 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUSPENDING ENFORCEMENT OF CHAPTER 4, ARTICLE 4, SECTION 4 -21 OF THE SOUTH BEND MUNICIPAL CODE PENDING FURTHER STUDY AND REVIEW 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. 2nd SUBSTITUTE BILL NO. 31-14 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE SOUTH BEND COMMON COUNCIL AMENDING VARIOUS SECTIONS IN ARTICLE 10 OF CHAPTER 14 OF THE SOUTH BEND MUNCIPAL CODE ADDRESSING SMOKEFREE AIR REGULATIONS STATEMENT OF PURPOSE AND INTENT The 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, has concluded that (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk -free level of exposure to secondhand smoke; (5) establishing smokefree workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; and (6) evidence from peer- reviewed studies shows that smokefree policies and laws do not have an adverse economic impact on the hospitality industry. (U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006.) According to the 2010 U.S. Surgeon General's Report, How Tobacco Smoke Causes Disease, even occasional exposure to secondhand smoke is harmful and low levels of exposure to secondhand tobacco smoke lead to a rapid and sharp increase in dysfunction and inflammation of the lining of the blood vessels, which are implicated in heart attacks and stroke. (U.S. Department of Health and Human Services, How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking - Attributable Disease: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2010.) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of approximately 53,000 Americans annually. (National Cancer Institute (NCI), "Health effects of exposure to environmental tobacco smoke: the report of the California Environmental Protection Agency. Smoking and Tobacco Control Monograph 10," Bethesda, MD: National Institutes of Health, National Cancer Institute (NCI), August 1999.) Smokefree Air Ordinance of 2014 — 2nd Substitute Bill No. 31 -14 Page 2 The Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen. (Environmental Health Information Service (EHIS), "Environmental tobacco smoke: first listed in the Ninth Report on Carcinogens," U.S. Department of Health and Human Services (DHHS), Public Health Service, NTP, 2000; reaffirmed by the NTP in subsequent reports on carcinogens, 2003, 2005.) Based on a finding by the California Environmental Protection Agency in 2005, the California Air Resources Board has determined that secondhand smoke is a toxic air contaminant, finding that exposure to secondhand smoke has serious health effects, including low birth - weight babies; sudden infant death syndrome (SIDS); increased respiratory infections in children; asthma in children and adults; lung cancer, sinus cancer, and breast cancer in younger, premenopausal women; heart disease; and death. (California Air Resources Board (ARB), "Appendix II Findings of the Scientific Review Panel: Findings of the Scientific Review Panel on Proposed Identification of Environmental Tobacco Smoke as a Toxic Air Contaminant as adopted at the Panel's June 24, 2005 Meeting," California Air Resources Board (ARB), September 12, 2005.) There is indisputable evidence that implementing 100% smoke -free environments is the only effective way to protect the population from the harmful effects of exposure to secondhand smoke. (World Health Organization (WHO), "Protection from exposure to secondhand smoke: policy recommendations," World Health Organization (WHO), 2007.) In reviewing 11 studies concluding that communities see an immediate reduction in heart attack admissions after the implementation of comprehensive smokefree laws, the Institute of Medicine of the National Academies concluded that data consistently demonstrate that secondhand smoke exposure increases the risk of coronary heart disease and heart attacks and that smokefree laws reduce heart attacks. (Institute of Medicine (IOM) of the National Academies, Board on Population Health and Public Health Practice, Committee on Secondhand Smoke Exposure and Acute Coronary Events, "Secondhand smoke exposure and cardiovascular effects: making sense of the evidence," Washington, DC: National Academies Press, October 2009.) A significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke -filled businesses suffer a 25 -50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function. (Pitsavos, C.; Panagiotakos, D.B.; Chrysohoou, C.; Skoumas, J.; Tzioumis, K.; Stefanadis, C.; Toutouzas, P., "Association between exposure to environmental tobacco smoke and the development of acute coronary syndromes: the CARD102000 case - control study," Tobacco Control 11(3): 220 -225, September 2002.) Studies measuring cotinine (metabolized nicotine) and NNAL (metabolized nitrosamine NNK, a tobacco - specific carcinogen linked to lung cancer) in hospitality workers find dramatic reductions in the levels of these biomarkers after a smokefree law takes effect. Average cotinine levels of New York City restaurant and bar workers decreased by 85% after the city's smokefree law went into effect. ([n.a.], "The State of Smoke -Free New York City: A One Year Review," New York City Department of Finance, New York City Department of Health & Mental Hygiene, New York City Department of Small Business Services, New York City Economic Smokefree Air Ordinance of 2014- 2 "d Substitute Bill No. 31 -14 Page 3 Development Corporation, March 2004). After the implementation of Ontario, Canada's Smokefree Indoor Air Law, levels of NNAL were reduced by 52% in nonsmoking casino employees and cotinine levels fell by 98 %. (Geoffrey T. Fong, et. al., "The Impact of the Smoke - Free Ontario Act on Air Quality and Biomarkers of Exposure in Casinos: A Quasi - Experimental Study," Ontario Tobacco Control Conference, Niagara Falls, Ontario, December 2, 2006.) Following a Health Hazard Evaluation of Las Vegas casino employees' secondhand smoke exposure in the workplace, which included indoor air quality tests and biomarker assessments, the National Institute of Occupational Safety & Health ( NIOSH) concluded that the casino employees are exposed to dangerous levels of secondhand smoke at work and that their bodies absorb high levels of tobacco - specific chemicals NNK and cotinine during work shifts. NIOSH also concluded that the "best means of eliminating workplace exposure to [secondhand smoke] is to ban all smoking in the casinos." (Health hazard evaluation report: environmental and biological assessment of environmental tobacco smoke exposure among casino dealers, Las Vegas, NV. By Achutan C, West C, Mueller C, Boudreau Y, Mead K. Cincinnati, OH: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health, NIOSH HETA No. 2005 -0076 and 2005- 0201 -3080, May 2009.) Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. (California Environmental Protection Agency (Cal EPA), "Health effects of exposure to environmental tobacco smoke ", Tobacco Control 6(4): 346- 353, Winter, 1997.) The Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability. (Daynard, R.A., "Environmental tobacco smoke and the Americans with Disabilities Act," Nonsmokers' Voice 15(1): 8 -9.) The U.S. Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non - linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking. (Pechacek, Terry F.; Babb, Stephen, "Commentary: How acute and reversible are the cardiovascular risks of secondhand smoke ?" British Medical Journal 328: 980 -983, April 24, 2004.) Given the fact that there is no safe level of exposure to secondhand smoke, the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) bases its ventilation standards on totally smokefree environments. ASHRAE has determined that there is currently no air filtration or other ventilation technology that can completely eliminate all the carcinogenic components in secondhand smoke and the health risks caused by secondhand smoke exposure, and recommends that indoor environments be smokefree in their entirety. ( Samet, J.; Bohanon, Jr., H.R.; Coultas, D.B.; Houston, T.P.; Persily, A.K.; Schoen, L.J.; Smokefree Air Ordinance of 2014- 2 "d Substitute Bill No. 31 -14 Page 4 Spengler, J.; Callaway, C.A., "ASHRAE position document on environmental tobacco smoke," American Society of Heating, Refrigerating and Air - Conditioning Engineers (ASHRAE), 2005.) During periods of active smoking, peak and average outdoor tobacco smoke (OTS) levels measured in outdoor cafes and restaurant and bar patios near smoker's rival indoor tobacco smoke concentrations. (Klepeis, N.; Ott, W.R.; Switzer, P., "Real -time measurement of outdoor tobacco smoke particles," Journal of the Air & Waste Management Association 57: 522 -534, 2007.) Nonsmokers who spend six -hour periods in outdoor smoking sections of bars and restaurants experience a significant increase in levels of cotinine when compared to the cotinine levels in a smokefree outdoor area. (Hall, J.C.; Bernert, J.T.; Hall, D.B.; St Helen, G.; Kudon, L.H.; Naeher, L.P., "Assessment of exposure to secondhand smoke at outdoor bars and family restaurants in Athens, Georgia, using salivary cotinine," Journal of Occupational and Environmental Hygiene 6(11): 698 -704, November 2009.) Residual tobacco contamination, or "thirdhand smoke," from cigarettes, cigars, and other tobacco products is left behind after smoking occurs and builds up on surfaces and furnishings. This residue can linger in spaces long after smoking has ceased and continue to expose people to tobacco toxins. Sticky, highly toxic particulate matter, including nicotine, can cling to walls and ceilings. Gases can be absorbed into carpets, draperies, and other upholsteries, and then be reemitted (off - gassed) back into the air and recombine to form harmful compounds. (Singer, B.C.; Hodgson, A.T.; Nazaroff, W.W., "Effect of sorption on exposures to organic gases from environmental tobacco smoke (ETS)," Proceedings: Indoor Air 2002, 2002.) Tobacco residue is noticeably present in dust throughout places where smoking has occurred. (Matt, G.E.; Quintana, P.J.E.; Hovell, M.F.; Bernert, J.T.; Song, S.; Novianti, N.; Juarez, T.; Floro, J.; Gehrman, C.; Garcia, M.; Larson, S., "Households contaminated by environmental tobacco smoke: sources of infant exposures," Tobacco Control 13(1): 29 -37, March 2004.) Given the rapid sorption and persistence of high levels of residual nicotine from tobacco smoke on indoor surfaces, including clothing and human skin, this recently identified process represents an unappreciated health hazard through dermal exposure, dust inhalation, and ingestion. (Sleiman, M.; Gundel, L.A.; Pankow, J.F.; Jacob II1, P.; Singer, B.C.; Destaillats, H., "Formation of carcinogens indoors by surface - mediated reactions of nicotine with nitrous acid, leading to potential thirdhand smoke hazards," Proceedings of the National Academy of Sciences of the United Sates of America (PNAS) 107(15): 6576 -6581, February 8, 2010.) Unregulated high -tech smoking devices, commonly referred to as electronic cigarettes, or "e- cigarettes," closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. After testing a number of e- cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals, including tobacco- specific nitrosamines and diethylene glycol, a toxic chemical used in antifreeze. The FDA's testing also suggested that "quality control processes used to manufacture these products are inconsistent or non - existent." &.a.], "Summary of results: laboratory analysis of electronic cigarettes conducted by FDA," Food and Drug Administration (FDA), July 22, 2009; http:// www. fda. gov/ NewsEvents/ PublicHealthFocus /ucml73146.htm Accessed on: October 22, Smokefree Air Ordinance of 2014- 2nd Substitute Bill No. 31 -14 Page 5 2009.) E- cigarettes produce a vapor of undetermined and potentially harmful substances, which may appear similar to the smoke emitted by traditional tobacco products. Their use in workplaces and public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions. The Society of Actuaries has determined that secondhand smoke costs the U.S. economy roughly $10 billion a year: $5 billion in estimated medical costs associated with secondhand smoke exposure and $4.6 billion in lost productivity. (Behan, D.F.; Eriksen, M.P.; Lin, Y., "Economic Effects of Environmental Tobacco Smoke," Society of Actuaries, March 31, 2005.) Numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive economic impact after enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is sound economic policy and provides the maximum level of employee health and safety. (Glantz, S.A. & Smith, L., "The effect of ordinances requiring smokefree restaurants on restaurant sales in the United States." American Journal of Public Health, 87:1687 -1693, 1997; Colman, R.; Urbonas, C.M., "The economic impact of smoke -free workplaces: an assessment for Nova Scotia, prepared for Tobacco Control Unit, Nova Scotia Department of Health," GPI Atlantic, September 2001.) There is no legal or constitutional "right to smoke." (Graff, S.K., "There is No Constitutional Right to Smoke: 2008," Tobacco Control Legal Consortium, 2d edition, 2008.) Business owners have no legal or constitutional right to expose their employees and customers to the toxic chemicals in secondhand smoke. On the contrary, employers have a common law duty to provide their workers with a workplace that is not unreasonably dangerous. (Graff, S.K.; Zellers, L., "Workplace Smoking: Options for Employees and Legal Risks for Employers," Tobacco Control Legal Consortium, 2008.) Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses. ( "The high price of cigarette smoking," Business & Health 15(8), Supplement A: 6 -9, August 1997.) The smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance. The South Bend Common Council also recognizes that in February of 2014, the Indiana Supreme Court, by a vote of 3 -2, found the City of Evansville, Indiana's smoking ban ordinance unconstitutional due to an exemption it granted to a riverboat casino located within the city The Supreme Court noted that the special exemption for the casino violated the Indiana Constitution's Equal Privileges and Immunities Clause. The following ordinance has been drafted to comply with the Indiana Supreme Court latest judicial ruling. Smokefree Air Ordinance of 2014- 2nd Substitute Bill No. 31 -14 Page 6 iiiii�illill Fill 1111 pirilipill Section I. Various sections of Article 10 of Chapter 14 of the South Bend Municipal Code shall be amended to read as follows: ARTICLE 10. SMOKEFREE AIR SA40KJNG REGULATIONS. See. 14-61. Title. This Article shall be known as the City of South Bend Smokefree Air Ordinance of 2014 Sec. 14 -62. Findings and Intent The Common Council of the City of South Bend, Indiana finds and declares that the put-Doses of this Article are: (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke See. 14-63. Definitions. All definitions set forth in IC 7.1 -5 -121 related to "prohibition on Smoking" shall govern; and shall be supplemented by the following words and phrases, whenever used in this Article, shall be construed as defined in this Section: (a) "Bur" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. (b) "Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for -profit or not - for - profit, including retail establishments where (c) "E- cigarette" means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any ' Indiana Code § 7.1 -5 -12 sets forth definitions for the following terms: ashtray, place of employment, public place, and smoking, Smokefree Air Ordinance of 2014- 2nd Substitute Bill No. 31 -14 Page 7 such device, whether manufactured, distributed, marketed, or sold as an e- cigarette, e- cigar, e- pipe, or under any other product name or descriptor. (d) "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non -profit entity. (e) "Employer" means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non - profit entity that employs the services of one or more individual persons. (f) "Enclosed Area" means all space between a floor and a ceiling that is bounded on at least two sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind. (g) "Health Care Facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long -term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. (h) "Playground' means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on city grounds. (i) "Private Club" means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club pumoses at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and /or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. 0) "Restaurant" means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in Smokefree Air Ordinance of 2014- 2 "d Substitute Bill No. 31 -14 Page 8 which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant. ►a��ra�an�i. , . ■sse�e (l-) (k) "Service Line" means an indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines. (m) (1) "Shopping Mall' means an enclosed public walkway or hall area that serves to connect retail or professional establishments. (-n) (m) "Smoking" means inhaling, exhaling, burning or canning any lighted cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. "Smoking" also includes the use of an e- cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. (e) (n) "Sports Arend' means a place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys. Sec. 14 -64. Application of Article to City -Owned Facilities and Property. This Article shall apply to all enclosed areas, including buildings and vehicles owned, leased or operated by the City of South Bend. Smokefree Air Ordinance of 2014- 2nd Substitute Bill No. 31 -14 Page 9 Sec. 14 -65. Prohibition of Smoking in Enclosed Public Places. Smoking shall be prohibited in all enclosed public places within the City of South Bend including but not limited to, the following places: (a) Aquariums galleries, libraries, and museums; (b) Areas available to the general public in businesses and non - profit entities patronized by the public including but not limited to banks laundromats, professional offices, and retail service establishments; (c) Bars; (d) Bingo facilities; (e) Child care and adult day care facilities; (f) Convention facilities; (g) Educational facilities, both public and private; (h) Elevators; (i) Gaming facilities; 0) Health care facilities; (k) Hotels and motels; (1) Lobbies hallways and other common areas in apartment buildings, condominiums, trailer parks retirement facilities nursing homes and other multiple -unit residential facilities, (m) Polling places; (n) Public transportation vehicles including buses and taxicabs, under the authority of the City of South Bend and ticket boarding, and waiting areas of public transportation facilities including_ bus train and airport facilities; (o) Restaurants; (p) Restrooms lobbies reception areas, hallways, and other common -use areas; (q) Retail stores; (r) Rooms chambers places of meeting or public assembly under the control of the City of South Bend; (s) Service lines; (t) Shopping malls, (u) Sports arenas including enclosed places in outdoor arenas; and (v) Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas lectures, musical recitals, or other similar performances. Sec. 14 -66. Prohibition of Smoking in Enclosed Places of Employment. (a) Smoking shall be prohibited in all enclosed areas of places of employment without exception. This includes, without limitation, common work areas, auditoriums, classrooms conference and meeting rooms, private offices, elevators, hallways, medical facilities cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. Smokefree Air Ordinance of 2014- 2nd Substitute Bill No. 31 -14 Page 10 (b) This prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment. Sec. 14 -67. Prohibition of Smoking in Private Clubs. Smoking shall be prohibited in all private clubs. Sec. 14 -68. Prohibition of Smoking in Enclosed Residential Facilities. Smoking shall be prohibited in the following enclosed residential facilities: (a) All private and semi - private rooms in nursing homes; and (b) All hotel and motel rooms that are rented to guests. Sec. 14 -69. Prohibition of Smoking in Outdoor Public Places. Smoking shall be prohibited in the following outdoor places: (a) Within a reasonable distance of eight feet (8') outside entrances, operable windows and ventilation systems of enclosed areas where smoking is prohibited so as to prevent tobacco smoke from entering those areas-, (c) (b) In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited in and within eight feet (8') of bleachers and grandstands for use by spectators at sporting and other public events; (d) (c) In and within eight feet (8') of, all outdoor playgrounds, (e) (d) In, and within eight (8') of, all outdoor public transportation stations, platforms, and shelters under the authority of the City of South Bend; (f) (e) In all outdoor service lines, including lines in which service is obtained by persons in vehicles, such as service that is provided by bank tellers, parking lot attendants, and toll takers. In lines in which service is obtained by persons in vehicles, smoking is prohibited by both pedestrians and persons in vehicles, but only within eight feet (8') of the point of service; and Smokefree Air Ordinance of 2014- 2nd Substitute Bill No. 31 -14 Page 11 In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple -unit residential facilities, except in designated smoking areas, not to exceed twenty -five percent (25 %) of the total outdoor common area, which must be located at least eight feet (8') outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited. See. 4-,'z. See. 14-70. Where Smoking Not Regulated. Notwithstanding any other provision of this Article to the contrary, smoking shall not be prohibited in private residences, unless used as a childcare, adult day care, or health care facility. . and in retail tghaeee stares. e Se — 14-'T-2-. Sec. 14 -71. Declaration of Establishment or Outdoor Area as Nonsmoking. Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4812-FAa 14 -72 (a) is posted. - X4-74. Sec. 14 -72. Posting of Signs and Removal of Ashtrays? The owner, operator, manager, or other person in control of a public place or place of employment where smoking is prohibited by this Article shall: (a) Clearly and conspicuously post "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a buming cigarette enclosed in a red circle with a red bar across it) in that place, printed on a minimum size of 8" x 10 ". 2 This section replaces current section 14 -62 entitled "Signage Required" of the South Bend Municiaal Code. Smokefree Air Ordinance of 2014 -2nd Substitute Bill No. 31 -14 Page 12 (b) Clearly and conspicuously post at every entrance to that place a sign stating that smoking is prohibited. (c) Clearly and conspicuously post on every vehicle that constitutes a place of employment under this Article at least one (1) sign, visible from the exterior of the vehicle, stating that smoking is prohibited. (d) Remove all ashtrays from any area where smoking is prohibited by this Article, except for ashtrays displayed for sale and not for use on the premises. S°�4-. Sec. 14 -73. Non - retaliation, Non - waiver of Rights. (a) No person or employer shall discharge refuse to hire or in any manner retaliate against an employee applicant for employment customer, or resident of a multiple -unit residential facility because that employee, applicant, customer, or resident exercises any ri is afforded by this Article or reports or attempts to prosecute a violation of this Article. Notwithstanding Section 14 -76 violation of this Subsection shall be punishable by a fine not to exceed one thousand dollars ($1,000) for each violation. (b) An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other part y. Sn«4 See. 14-74. Enforcement. (a) This Article shall be enforced by the Department of Code Enforcement and the Police Department or an authorized designee. (b) Notice of the provisions of this Article shall be given to all applicants for a business license in the City of South Bend. (c) Any citizen who desires to register a complaint under this Article may initiate enforcement with the Department of Code Enforcement. (d) The Health Department, Fire Department, or their designees may, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article. (e) An owner, manager, operator, or employee of an area regulated by this Article shall direct a person who is smoking in violation of this Article to extinguish the product being smoked. If the person does not stop smoking, the owner, manager, operator, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in Smokefree Air Ordinance of 2014 -2nd Substitute Bill No. 31 -14 Page 13 violation refuses to leave the premises the owner, manager, operator, or employee shall contact a law enforcement agency. (f) Notwithstanding any other provision of this Article, an employee or private citizen may bring legal action to enforce this Article. (g) In addition to the remedies provided by the provisions of this Section, the Department of Law or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of comnetent iurisdiction. See. 14 -75. Violations and Penalties (a) Any one violating any of the provisions of this Article shall be subject to the following penalties: 1. Citations: For the first violation in a calendar year, a citation shall be issued imposed a fine of fifty dollars ($50.00); one hundred dollars for the 2 "a violation-, and two hundred fifty dollars for all violations thereafter with such fines payable through the Ordinance Violations Bureau Each violation shall constitute a separate offense. (b) Except as otherwise provided in Section 14 -74 (a) a person who owns manages, operates or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Article shall be guilty of an infraction, punishable by: 1. A fine of one hundred dollars ($100) for a first violation. 2. A fine of two hundred fiftv dollars ($250) for a second violation within one (1 year. 3. A fine of one thousand dollars ($1,000) for each additional violation within one (1) year. (c) In addition to the fines established by this Section, violation of this Article by a person who owns manages, operates or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred. — (d) Repeated violation of this Article is declared to be a public nuisance, which may be abated by the Department of Law seeking a restraining order, preliminary and permanent injunction or other means provided for by law, and may bring action to recover the costs of the nuisance abatement. Smokeffee Air Ordinance of 2014 -2"" Substitute Bill No. 31 -14 Page 14 (e) The City A t4e fae 0 e Department of Law is authorized to bring civil action against any alleged violator of this Article for all unpaid fines, and any and all expenses incurred by the City to enforce the provisions of this Article to seek compliance from the alleged violator. (t) Each day on which a violation of this Article occurs shall be considered a separate and distinct violation. Each violation of this Article shall constitute a separate offense. See.-1447. Sec. 14 -76. Public Education. The Department of Code Enforcement shall engage in a continuing program to explain and clarify the purposes and requirements of this Article to citizens affected by it, and to guide owners operators, and managers in their compliance with it. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this Article. Sec. 14 -77. Other Applicable Laws. This Article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Sec. 14 -78. Liberal Construction. This Article shall be liberally construed so as to further its purposes. Sec. 14 -79 Through Sec. 14 -92 Reserved. Section II. Severability: If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable. Section III. This ordinance shall be in full force and effect on June 1, 2015, and ffem and after sixty (60) after the passage by the Common Council, approval by the Mayor and legal publication. Council Member Gavin Ferlic Council Member Tim Scott Council Member Dr. Fred Ferlic Smokefree Air Ordinance of 2014 -2nd Substitute Bill No. 31 -14 Page 15 I,i iii ,. I, John Voorde, hereby verify that the foregoing ordinance was passed /defeated by the South Bend Common Council on the day of , 2014, by a vote of in favor and against. John Voorde, City Clerk South Bend, Indiana d. 1 Janice Talboom, Deputy City Clerk * Mark Neal, Deputy Mayor South Bend, Indiana 1 J K:OT A"'P&OV0 REFE;ZPM PASSED 2014, at Flied 811 '.,,,.r•[ IfflCe UTIL 1 91 CITY CLERK, SOW K BEND, IN S71`N gF City of South Bend Common Council . 1845 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Oliver J. Davis President Derek D. Dieter Vice - President Valerie Schey Chairperson, Committee of the Whole July 10, 2014 The South Bend Common Council 4`h Floor County -City Building South Bend, Indiana 46601 Re: 2 "d SUBSTITUTE BILL NO. 31-14 (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Tim Scott Dear Council Members: First District At the May 12`h meeting of the South Bend Common Council, public Henry Davis, Jr. hearing was held on the proposed smoke free air ordinance. The Council Second District closed the public portion of the public hearing; continued the Bill in the Valerie Schey Council portion to the July 14`h Common Council meeting; and referred it Third District back to the Council's Health and Public Safety Committee. It was noted at that time that an extended period of time would be allocated at the Fred Ferlic Committee level for public comment. 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 Filed in C-. NN »w tIS �€�€ice JUL VOO`AUE Since May 12`h, Council Member Gavin Ferlic has made himself available at various public meetings throughout the city to discuss the proposed regulations. He also met with the Mishawaka Common Council and members of the St. Joseph County Council. The attached 2 "d Substitute Bill No. 31 -14 deletes language on page 8 addressing retail tobacco stores; corrects the City Code citation on page 11, Sec. 14 -70; establishes the effective date as June 1, 2015; and removes Council Member Valerie Schey's name, who was an original sponsor of the regulations, from the revised proposed ordinance and cover letter per her letter of yesterday. All other provisions remain the same as discussed by the Council and public on May 12`h. We seek your support. Thank you. Most sincerely, Gavin Ferlic Council Member at Large Tim Scott Is` District Council Member Dr. Fred Ferlic 4 1 District Council Member Attachment 4=0 I LAWRENCE P. MAGLIOZZI INIF 11131 I :XI ;I'11[[VI, IIIRI:(' "FOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY- CITY BUILDING, SOUTH BEND, INDIANA 46601 (5941 21S.9571 Wednesday, June 18, 2014 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of River Race Townhomes LLC to zone from CBD Central Business District to PUD Planned Unit Development District, property located at 140 S. Niles Avenue, City of South Bend - APC# 2709 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of River Race Townhomes LLC was legally advertised on Thursday, June 05, 2014 and that the Area Plan Commission at its public hearing on Tuesday, June 17, 2014 took the following action: Upon a motion by Gerry Phipps, being seconded by Robert Hawley and carried, the proposed ordinance of River Race Townhomes LLC to zone from CBD Central Business District to PUD Planned Unit Development District, property located at 140 S. Niles Avenue, City of South Bend, is sent to the Common Council with an unfavorable recommendation. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the County Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerel , Lawrence P. Magliozzi Attachment CC: River Race Townhomes LLC SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA. & ROSELAND W W W. 5TI0SEPHC0 V NTYIND IANA. COMi—lplan ,Staff Report 6/6/2014 APC # 2709 -14 Owner: River Race Townhomes LLC Location: 140 S. Niles Avenue Jurisdiction: City of South Bend Public Hearing Date: 6/17/2014 Requested Action: The petitioner is requesting a zone change from CBD Central Business District to PUD Planned Unit Development District to allow uses permitted in the PUD Planned Unit Development District. Land Uses and Zoning: On site: On site is vacant. North: To the north are the River Race Townhomes zoned CBD Central Business District. East: To the east is a multi- tenant commercial building with residential units above, and a building rented by the Metro Homicide Department zoned CBD Central Business District. South: To the south, across Jefferson, is Howard Park, zoned MU Mixed Use District. West: To the west is the Emporium building zoned CBD Central Business District. District Uses and Development Standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Ordinance. Site Plan Description: The site is an approximately 14,000 square feet triangular- shaped parcel. A 96' tall, six - story, mixed use building, not to exceed 9,951 square feet is proposed with a mix of residential and non - residential uses. A maximum of 72 residential units is shown, and non- residential uses are limited to 34,000 square feet. No parking is provided on the site. A 3,500 square foot multi -use plaza is located at the middle of the Niles Avenue frontage. Development standards not addressed as part of the petition and site plan will default to the requirements in the zoning ordinance. Zoning and Land Use History And Trends: In April 2014, variances from the maximum allowable height of 50' to 93' and 5 to 7 APC # 2709 -14 Page I of Fm's'' T .I■ stories were denied by the Area Board of Zoning Appeals. 6/6/2014 Traffic and Transportation Considerations: Jefferson Street has four lanes, and will soon be undergoing a streetscape project. Niles Avenue has two lanes. Utilities: City utilities are available to the site. Agency Comments: The Department of Community Investment will support, for a 5 year period starting in 2014, height variances in the East Bank CBD District for up to 8 stories or 96'. However, in order to gain the City's support, the project must provide for the following: a public amenity and pedestrian scale facade treatments for the first two stories as written commitments. The City Engineer notes that parking must be considered. Commitments: The petitioner is not proposing any written commitments. However, the Department of Community Investment is requesting commitments for a public amenity and pedestrian scale facade treatments for the first two stories. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) Objective LU 3: Increase the urban density of the Central Business District (CBD). Objective LU 3.2: Encourage pedestrian- oriented, mixed -use development in the CBD. Land Use Plan: The future land use map identifies this site as central business district. Plan Implementation /Other Plans: The East Bank Village Master Plan identifies the preferred use for this property as a mixed use area with retail uses focused on Jefferson and Niles Streets with apartments on the upper 2nd through 4th floors. 2. Current Conditions and Character: This area of the East Race is primarily business oriented. The addition of the East Bank Townhomes and River Race Townhomes along with the existing Stephenson Mills Apartments, is creating an urban mixed -use area. 3. Most Desirable Use: The most desirable use is a mixed use building with retail uses, with apartments on the upper floors. 4. Conservation of Property Values: The mixed use nature of this development should protect property values. 5. Responsible Development And Growth: It is responsible development and growth to allow a mixed use building in substantial conformance with the East Bank Village Master Plan. APC # 2709 -14 Page 2 of 3 Staff Report Staff Comments: 6/6/2014 The Board of Public Works will need to approve the encroachment of the balcony into the right -of -way. The staff would note that the East Bank Village Master Plan: area 5 village retail, suggests the following: "Additional retail uses focused primarily on local and regional merchants along Jefferson and Niles streets across from the Emporium/Mole Hole building with apartments on the upper 2nd through 4th floors." Subsequent to the adoption of the Master Plan, the Department of Community Investment has recommended that taller buildings, up to 8 stories /96', be considered for approval when those buildings provide a public amenity and pedestrian scale facade treatments for the first two stories. Further note that the Zoning ordinance limits building height to 60'. It is the staffs opinion that the primary goals of a land use plan should be adhered to. Area 5 of the Master Plan is the only area where the height of buildings is alluded to, and therefore is not a prime overall goal. This project meets the goals of being a multi -use building with residential on the upper floors, and providing a public amenity. Recommendation: Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. Analysis: This PUD generally meets the goals in the East Bank Village Master Plan. By developing a policy to require items like a public amenity and facade treatments in return for allowing a taller building, new development can be supported without compromising the intent of East Bank Village Master Plan. APC # 2709 -14 Page 3 of 3 71tT Ilk r 1p, L . . . . . . W M=-4 Q Li 4T, fl 1. :L 47� 7AV-1-77 e pp tt t t i4d; m [C-B-01 w no c CID, I'VIS X�l Page 1 of 1 Christa Hill - No variance for East Bank Village Matthews condo From: pittypat6l <pittypat6l @att.net> To: <chill @co.st joseph.in.us> Date: 6/17/2014 9:35 AM Subject: No variance for East Bank Village Matthews condo Mrs. Hill, please strongly consider NOT approving the plan for Mr. Matthews proposed 6 story unit. .Five stories is enough, there's no need for 6 stories. We don't want our downtown riverbank to become a concrete high rise jungle. We have a very quaint, beautiful riverfront and it will become nothing more than water rushing past wealthy single peoples skyscraper residences. There is already an excess of upper scale living choices near our downtown, yet the average working families are being pushed away. Apparently they want us to spend our hard earned money at functions, events, and the influx of upper scale dining and venues.... but don't want us living there. If he wants to build there, fine, but he needs to learn to follow the rules our city has put in place and stop demanding exceptions. He got declined, so now he's stomping his feet, ignoring the previous decision, and bypassing the previous board (basically having wasted their valuable time). He will build anyway, whether it's 5 stories or 6. Please consider the residents who've lived here our whole lives and stuck it out thru the rough times, we believe in our downtown! We only want to continue to feel like we belong and are not just some blue collar intruders in a white collar world of people who come here and demand different rules for themselves. Thank you for your time, Pat Gragg Lifetime resident file: / /C: \Documents and Settings \cnayder \Local Settings \Temp\XPgrpwise \53AOOBFFSJC... 6/17/2014 Jennifer Parcell - Rezoning Hearing on June 17, 2014 From: Ann Ruvolo Serianni <serianni @gmail.com> To: <Areaplan @co.st joseph.in.us >, <Imaglioz @co.st- joseph.in.us >, < jparcell@... Date: 6/17/2014 9:16 AM Subject: Rezoning Hearing on June 17, 2014 1'—R June 17, 2014 Dear Area Commission Members: ,PIN 172014 AREA PLAN COMMISSION Page 1 of We are writing in response to the upcoming deliberation on the potential rezoning at 140 Niles Avenue in South Bend requested by River Race Townhouses, LLC. We are writing as commercial residents in the area, namely, as owners of th building located at 115 South Hill Street (Ancatrice, LLC), and owners of the business that occupies that building (Omicrm Biochemicals, Inc.). At the present time we are traveling, and thus cannot attend the meeting today to express our views of the matter in person. For the purpose of reference, we purchased the building on Hill Street in June 2005, and spent the subsequent 12 months demolishing its interior, extending the west end (2 floors) by —30 feet, and building a state -of the art scientific researcl facility in the new space. Our decision to invest heavily in this reconstruction was influenced by the character of the neighborhood and its long -range development - as indicated to us at the time - as an arts and sciences corridor. In recen years, we invested significantly in creating a more sustainable operation at the company, specifically with respect to water and electrical use. In the latter regard, we installed a 19 -panel 4.5 kW solar system on the building's roof in 2012, who generates a significant portion of the total electricity used by the Omicron operation. In the coming years, we hope to extenc this array. We are writing to express strong opposition to rezoning the area at 140 Niles to allow construction of buildings with heights as great as 96 feet. We believe this change in building code is incompatible with the existing structures in the vicinity, and will result in a lower quality of life for people and businesses in the area over the long term. We believe that siting the proposed tall structure will be visually unappealing to visitors confronting this building while crossing the Jefferson Bridge across the St Joseph River. We do not believe the proposed building would be an appropriate gateway to the neighborhood, Given that all of the buildings in the area are 3 stories or less in height, siting a 96 ft -high structure would detract from the charm of the neighborhood by towering over all nearby structures. In addition, it would affect the flow of sunlight and produce a less - than - optimal environment for people living and working in the area. While we enthusiastically support the development of 140 Niles, we do not believe the proposed development strategy is a wise one. We favor the siting of any new building three stories or less in order to maintain and preserve the natural beauty and building topology of the area, and retain its local charm. We have requested an analysis, from the installer of the system, of the potential negative effects of locating a 96 -11 building southwest of our building on Hill Street on the electrical power generated by our solar system. The impact is significant. Thus, the proposed 96 -11 building would negatively affect our return on investment, and impact the economics of siting more solar panels on our roof in the future. We thus urge the Area Planning Commission to reject this rezoning request. It is topographically inconsistent with the ;eneral area on the East Bank of the CBD. It will negatively impact the local environment and reduce the quality of life of )eople living and working in the area. It will be visually unappealing. It will exert a negative impact on our ability to venerate electrical power from our solar system. We support the development of this area, but in a manner compatible with he current buildings in the area. sincerely, knn and Anthony Serianni ile: / /C: \Documents and Settings \jparcell \Local Settings\ Temp\ XPgrpwise \53AO0768SJC_DOMAINCCPOI... 6/17/2014 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 140 NILES AVE., COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The lot is currently zoned as CB District and we are proposing I be changed to PUD. The PUD zoning is based on the existing CB zoning ordinance requirements, with modifications to building height and number of stores. This proposal will allow construction of a 6 story mixed use building. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana; be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot numbered eleven (11), River Race Townhomes Minor Subdivision as per plat thereof recorded September 20, 2012 as in number 1229942 in the Office of the Recorder of Saint Joseph County, Indiana be and the same is hereby established as PUD Planned Unit Development District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . M. City Clerk Approved and signed by me on the day of at o'clock . M. 1 st READING 'S— (Z.— I 1 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Deputy Mayor, City of South Bend, Indiana 2 , Filed i Office x014 JOW, uE.. CITY CLERK, SOUTH BEND, IN JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR COMMISSION OF ST. JOSEPH COUNTY, IN lit W. ILf FIRSON BLVD.. ROOM 1110 COUNTY -CITY LYILDIN 4. EOLITH SEND. INDIANA IIISS '114, ])5.11)1 June 18, 2014 St. Joseph County Council 4th Floor, County -City Building South Bend, Indiana 46601 RE: Bill # 32 -14 Rezoning 140 Niles (River Race Townhomes) Dear Council Members: The following changes have been made to the Ordinance for the above- referenced petition: Development Standards: 1) 21 -03.06 (b) (4) (B) (ii): words were changed to match numbers. 2) 21 -07.01 (b) (1): Added "Hardscape plazas are also exempt." Ordinance: These changes were filed previously with the City Clerk. 3) The address was changed to 140 Niles, the address on file with the City Engineer's office. 4) The councilmanic district was corrected from 3 to 4. 5) A type was corrected in the "Statement of Purpose and Intent ": CB District to CBD District. If you have any further questions, please call me at 574- 235 -9571 Sincerely, (� bAAi Christa Hill Planner SERVING Si. 1.1ERN COVNTY. 50UTN SENO. LARIVILLE. NEW CARLISLE. NORTH LIBERTY. OSCIOLA. S ROSELAND W W W.SYIOSEPH000NTYINOIANA. CON PETITION TO REZONE Ciq, 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 sough to be rezoned is located at: 140S. Niles Are. South Bend IN 46617 (Corner ofie,Qerson and S. Niles Ave) 2) The property Tax Key Ntuuber(s) is/are: 71 -06 -12 -252- 025.000 -026 3) Name and address of property owner(s) of the petition site: River Race Townhonres LLC 121 S. Niles Ave South Bend, IN 46617 979 -739 -2640 Dm idCMatthervsLLC.coin Name and address of additional property owners, if applicable: 4) Name and address of contingent purchaser(s), if applicable: Name and address of additional property owners, if applicable: 5) It is desired and requested that this property be rezoned: From: CBD - Central Business District Additional zoning disc is if applicable To: PUD Planned Unit Development District 6) This rezoning is requested to allow the following use(s): Residential Office /Professional Services, Personal Service, Recreation, Retail, Food Sales and Service, Clothing Service, 7) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owner's, and the tax key murnbers for all properties within 300 feet of the petition property: (b) addressed, stamped envelopes for all property owarers within 300 feet of the petition property. 8) BY SIGNING THIS PETITION, THE PETITION- ERS/PROPERTY OWNERS OF THE ABOVE-DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL REPRESEN'T'ATIONS \iADE BY THEM OR THEIR REPRESENTATIONS AT THE AREA PLAN CO \I1IIISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS ACQUIRDNG AN INTEREST THEREIN. SUCH REPRESENTATIONS SHALL BE \FADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL. CONTACT PERSON: DmId Matthews 121 S. Niles Are Sont)r Bend,, Bd 46617 574- 607 -4271 DaWd(dylfatthewsLLC. con) ignature(s) of all property owner(s), or signature of Attorney for all property owner(s): Filed its ii�',t L9 'LQ14 JOHN u'YciaG, CITY CLERK, SOUTH BEND, IN Section 21 -03.06 CBD Central Business District Questions: Clear line of sight. Section 21 -03.06 CBD Central Business.District based PUD Intent — This PUD Planned Unit Development is based off the existing CBD Central Business District. All ordinances applicable to CBD shall apply to this PUD, when city ordinance that applies to CBD conflicts with this document, the modifications in this document have precedence The intent of this PUD is similar to the intent of the CBD that is established to promote the development of the downtown region of the City of South Bend as a center for trade, finance, government, high density residential and entertainment districts within St. Joseph County and north central Indiana. The regulations of this district are intended to encourage high density, mid -rise and high rise developments which may include a mixture of compatible urban uses. The development standards in this district, while designed to provide for high density development, also encourage a pedestrian friendly environment supportive of urban residential developments, retail, restaurant, theater and similar business and cultural uses associated with major metropolitan areas. (a) Permitted Uses. (1) Primary Uses. (A) Clothing Service: Including but not limited to: Costume Rental; Dressmaking; Dry Cleaning and Laundry Establishment; Millinery (Fabric) Shop; Self - service Laundry; Shoe Repair Shop; Tailor and Pressing Shop; Tuxedo Rental. (B) Educational Uses: Including but not limited to: Child Care Center; Child Care Ministry; Cottage School; Public Library; School — Commercial, Trade or Business. (C) Food Sales and Service: Including but not limited to: Bakery— Retail; Bar *; Cabaret — 21 and Over *; Cabaret — Family; Convenience Store; Dairy Bar — Retail; Delicatessen; Farmers Market; Grocery; Ice Cream Store — Retail; Nightclub *; Restaurant — Fast Food, Restaurant — Family; Restaurant — Family with Lounge; Tavern *; Yogurt Store — Retail. (D) Governmental Use: Including but not limited to: Governmental Offices; Post Office — without outdoor parking of delivery vehicles. (E) Miscellaneous: Including but not limited to: Bed & Breakfast; Bus, taxi, or limousine terminal, without repair; Clinic (medical, dental or Ord. No.: 9495 -04 Section 21 -03.06 CBD Central Business District optometrists); Conference Center; Cottage Business /Residential; Electrical /Electronics Repair; Hospital; Hotel; Laboratories; Print Shop; Publishing; Radio/ TV Stations (provided any antenna shall comply with the regulations for Communication / Utilities); Video Production Studios. (Ord. No 9653 -06) (F) Office / Professional Services: Including but not limited to: Architect; Artist; Bank Machines - Walk -up; Construction Companies (office only); Consultant; Contractors (office only); Dentist; Design Services; Engineer; Financial Institution; Insurance Agent; Lawyer; Musician; Physician; Pharmacist; Photographic Studio; Professional Offices; Real Estate Office; Travel Agency. (G) Personal Service: Including but not limited to: Barber Shop; Beauty Shop; Health Spa; Fitness Center. (H) Public Facilities: Including but not limited to: Community Center; Funeral Home; Mortuary; Museum; Public or Private Park — Active or Passive; Religious Use; Commercial Parking Lot; Parking Garage. (I) Recreation: Including but not limited to: Aerobics Studio; Amusement Arcade *; Banquet Hall; Billiard Hall *; Dance Studio; Public Dance Hall *; Social Hall; Theater— indoor. (J) Residential — In CBD Districts Located West of the St. Joseph River: Including but not limited to: Dwelling Units — limited to (i) floors above the first floor or (ii) ground floor of the building if located behind another ground floor, non - residential permitted use; Convalescent Home; Nursing Home; Rest Home. (K) Residential — In CBD Districts Located East of the St. Joseph River: Including but not limited to: Multifamily dwellings; Dwelling Units — limited to floors above the first or ground floor of the building; Convalescent Home; Nursing Home; Rest Home. (L) Retail: Including but not limited to: Antique Shop; Apparel Shop; Art Gallery; Arts and Craft Store; Bicycle Sales and Service; Camera Store; Card Shop; Clock Shop; Coin and Stamp Shop; Computer Store; Drug Store; Flower Shop; Frame Shop; Gift Shop; Hobby Shop; Toy or Game Shop; Jewelry Store; Liquor Store; Music Store; Newsdealer; Pawnshop *; Shoe Store; Stationery and Book Store; Tobacco Store; Video Store. (M) Utilities: Including but not limited to: Roof -top Antenna. * = Controlled Use. See Section 21 -08.02 — Special Regulations for Controlled Uses for additional requirements. Ord. No.: 9495 -04 (3) (C) (D) Section 21 -03.06 CBD Central Business District Minimum Rear Yard and Setback —The minimum rear yard and setback for all integrated centers and single use sites shall be as follows: Minimum Rear Yard - zero (0) feet, however, if a rear yard is provided along a rear lot line not abutting an alley, such setback shall not be less than five (5) feet. ii. Minimum Rear Residential Bufferyard - twenty (20) feet Minimum Yards for Out Lots - All lots which are part of an integrated center shall be considered out lots. Out lots within an integrated center shall not be required to provide a minimum side yard or minimum rear yard along lot lines in common with other out lots. If any portion of an out lot abuts the perimeter of an integrated center, that portion of the out lot shall be required to comply with the applicable minimum front yard, minimum side yard or minimum rear yard requirements set forth above. Use of Minimum Yards and Residential Bufferyards. All minimum yards and residential bufferyards, when required, shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21- 07.01 — Landscape Regulations of this Ordinance and shall remain free from structures, except where expressly permitted below: Plaza Location and Street Frontage Landscaping Ord. No.: 9495 -04 Section 21 -03.06 CBD Central Business District (A) Minimum Front Yards — i. along limited access highways — may include: parking areas, loading areas, interior access drives, interior access driveways, or gasoline sales areas, provided that no portion of such area may be located closer to the right -of -way than fifteen (15) feet; or, signs as regulated by Section 21 -07.03 — Sign Regulations of this Ordinance, and shall be otherwise maintained as open space free from buildings or structures; ii. along all other streets, when a front yard is provided, such front yard may include: driveways; or, signs as regulated by Section 21 -07.03 — Sign Regulations of this Ordinance, and shall otherwise be developed as plazas in compliance with the following requirements: a. shall be located adjacent to a building; b. shall be surfaced with concrete, brick or other form of hardsurface paver appropriate for the proposed development, except for those areas required for trees, foundation landscaping or planters; C. shall be planted with shade trees spaced twenty -five (25) feet on- center along the portion of the plaza perimeter which abuts the right -of -way of a public street. If trees exist on an abutting lot, the on- center spacing of the trees shall be measured from such existing trees; and, M1 ewarw �� aexa � Pnpneler Ynd �/�I �•crwscePmp�� IyY�IF� ,_wYMOFWaY line 6ldewek Cv0 � OnitreN PeMklg I Example of Tree Placement along Street Frontage Ord. No.: 9495 -04 Section 21 -03.06 CBD Central Business District d. shall maintain surface areas at a slope of less than 3 %, surface areas may be stepped, where appropriate, as necessary to accommodate natural topography. (B) Minimum Front Residential Bufferyards - may include: driveways; or, signs as regulated by Section 21 -07.03 — Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; (C) Minimum Side and Rear Yards — when a side yard or rear yard is provided, such side yard or rear yard may include driveways, interior access driveways, parking areas, loading areas, walkways or other pedestrian way connections to adjoining lots, provided that the remainder of said yards shall be maintained as opens space free from buildings or structures, (D) Minimum Side Residential Bufferyards and Rear Residential Bufferyards — may include walkways or other pedestrian way connections to adjoining residential areas provided that the remainder of said yards shall otherwise be maintained as open space free from buildings or structures. (4) Building Height. (A) CBD Districts Located West of the St. Joseph River: Minimum Front Fagade Height — in the elevation view from the street frontage, twenty -eight (28) feet. ii. Maximum Building Height — the lesser of one - hundred and fifty (150) feet or twelve (12) stories. (B) CBD Districts Located East of the St. Joseph River: Minimum Front Fagade Height — in the elevation view from the street frontage, twenty -two (22) feet. ii. Maximum Building Height — the lesser of ninty -six (96) feet or seven (7) stories. (5) Landscaping — See Section 21 -07.01 — Landscape Regulations. (6) Lighting — See Section 21 -07.02 — Lighting Regulations. (7) Signs — See Section 21 -07.03 — Sign Regulations. tions. Ord. No.: 9495 -04 Section 21 -03.06 CBD Central Business District (8) Parking — See Section 21 -07.04 — Off-Street Parking Regulations. (9) Loading— See Section 21 -07.05 — Off - Street Loading Regulations. (10) Greenway Connection Required — If the lot abuts any portion of a greenway, a direct linkage from the project to such greenway shall be provided. (11) Outdoor Operations - All uses and operations (except off-street parking, off-street loading and delivery and walk -up customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below: (A) Outdoor seating for restaurants provided that such outdoor seating: i. shall be located in a plaza as set forth above; ii. may be located on a sidewalk in an abutting street right -of -way provided that a useable sidewalk width of not less than five (5) feet is maintained and approved by the Board of Public Works; iii. shall be permitted only along the business' tenant bay or storefront fagade; and, iv. shall not block an entrance or exit to or from the business or building; (B) Outdoor display or sales of merchandise: shall be located in a plaza as set forth above; ii. may be located on a sidewalk in an abutting street right -of -way provided that a useable sidewalk width of not less than five (5) feet is maintained and approved by the Board of Public Works; iii. shall be permitted only along the business' tenant bay or storefront fagade; iv. shall not block an entrance or exist to or from the business or building, V. shall not exceed ten percent (10 %) of the gross floor area of each non - related and separately operated use; vi. shall be permitted only during the hours of operation of the business and shall be removed at the close of each business day; Ord. No.: 9495 -04 Section 21 -03.06 CBD Central Business District (C) Walk -up customer service windows or Automated Teller Machines (ATM's), provided that such facilities are not free - standing and are set flush with the facade of the building. (12) Architecture: (A) Additions to Existing Buildings: All additions to existing buildings shall utilize building materials that are compatible and harmonious with the materials used on the existing building. (B) Exterior Renovations, Major Additions and Accessory Buildings: Exterior renovations, major additions and accessory buildings to existing buildings or facilities are encouraged to comply with the provisions in sub - Section (C), below, for new construction, however, the minimum requirement for exterior renovations, major additions and accessory buildings shall be the same as in sub - Section (A), above, for additions to existing buildings. (C) New Construction: In order to create variation and interest in the built environment, all new primary buildings shall comply with one (1) of the following two (2) sets of architectural regulations regarding building material and architectural features on each facade visible from a public street: All brick (excluding window, display window, door, roofing, fascia and soffit materials), provided that the brick used on each applicable facade shall include: a. at least two (2) architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.); or, b. at least two (2) colors of brick, with the secondary color constituting a minimum of ten (10) percent of the facade (excluding windows, display windows, doors, roofing, fascia or soffit materials); or, ii. Two (2) or more building materials (excluding window, display window, door and roofing materials), provided: a. Primary Building Material: The primary building material shall be either: brick; stone (limestone, granite, fieldstone, etc.); architectural pre -cast concrete, if the surface looks like brick or stone; Ord. No.: 9495 -04 Section 21 -03.06 CBD Central Business District and shall constitute a minimum of fifty (50) percent of each applicable facade. b. Secondary Building Material: The secondary building material shall constitute a minimum of zero (0) percent of the facade. Glass curtain wall or a faux window (not intended for use as a window or display window) may qualify as a secondary building material. C. Architectural Features: In addition, the exterior building material selection shall be supplemented with the use of multiple colors, textures (e.g., rough, smooth, striated, etc.) or architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.) on each facade visible from a public street. Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (g) General Sign Regulations Section 21 -07.03 Sign Regulations. (c) General Sign Regulations. (1) Calculation of Sign Surface Area. (A) Multifaced Signs. The sign surface area for a sign with more than one (1) sign face shall be computed by adding together the sign surface area of all sign faces visible from any one point. When two (2) sign faces are placed back to back, or at no greater than fifteen (15) degrees from one another, so that both I g" faces cannot be viewed from any point at the same time, the sign surface area shall be computed by the measurement of one (1) of the sign faces. In 4288 I� addition, except for off-premise signs, such sign faces that are part of the same sign structure shall not be more than forty-two (42) inches apart. Sign Face Angle and Separation (B) Monument Sign Support Base as Sign Surface Area. In the case of a freestanding monument sign with an ornamental shell or external support structure in excess of twenty-four (24) inches in width and in excess of one (1) foot in height above grade to the base of the sign face, the ornamental shell or external support structure shall be considered to be the background of the display used to differentiate the sign from the backdrop and the area of ornamental shell or external support structure shall be included in the calculation of sign surface area. Support Base —Not Sign Surface Area Support Base — Part of Sign Surface Area I wcwn V Wow a.& Ord. No.: 9495 -04 (C) Sign Surface Area Determinations. When calculating the sign surface area of any sign, a maximum of three (3) distinct and abutting "Areas" made up of circles, ovals squares or rectangles may be used to encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color Section 21 -07.03 Sign Regulations (g) General Sign Regulations - Area 1 Area 2 ....... ............................... a11. tic Iirv9iR .4L=Area 3 forming an integral part Areas Used to Determine Sign Surface Area of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. In the case of a freestanding monument sign with a base or pole cover not in excess of twenty -four (24) inches in width and not in excess of one (1) foot in height above grade to the base of the sign face, a maximum of two (2) "Support Areas" shall be permitted which shall not be included in the count of the maximum number of "Areas ". Any such additional "Support Areas ", or "Support Areas" in excess of twenty -four (24) inches in width and in excess of one (1) foot in height above grade to the base of the sign face, shall be included in the overall calculation of sign surface area. (D) Fagade Area Calculations for Building Signs — When calculating the area of a fagade upon which a building sign may be placed, the following regulations shall be followed to determine the area of the fagade: 7=jnm Fagade Area = A X B Fagade Area Calculations — Square or Rectangular Shaped Fagade Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (g) General Sign Regulations Square or Rectangular Shaped Fagade — The area of the fagade of the building or tenant space shall be the length of the building or tenant space times the height of the building or tenant space. ii. Irregular Shaped Fagade — The area of the facade shall be the actual surface area of the facade of the building or tenant space above grade and beneath the top of the wall. ® — Facade Area Fagade Area — Irregular Shaped Facade iii. Lower Level Signs In the MU Districts or CBD Districts — The area of the fagade for lower level building signs shall be the actual surface area of the fagade of the building or tenant space above grade and beneath the lesser of top of the wall or eighteen (18) feet above grade. iv. Upper Level Signs in the MU Districts or CBD Districts - The area of the fagade for upper level building signs shall be the actual surface area of the fagade of the building or tenant space located above eighteen (18) feet above grade. Upper Level Sign Facade AXB Lower Level Sign Facade AX18' Upper Level sign Facade Lower Level Sign Facade CX18' Fagade Area — Upper and Lower Level Signs Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (g) General Sign Regulations V. Buildings With Irregular Footprints — The area of the fagade shall be determined by the smallest two dimensional area, pursuant to the above regulations, from which the fagade, or portion thereof, maybe viewed. (E) Signs on Ornamental, Decorative Facade A � Fence or Masonry Wall — The sign surface area of a sign face located _ on an ornamental, decorative fence o It or masonry wall shall be limited to v g the area of the sign face only if the L fence or wall has a length of not less LL ? than three (3) times the width of the 4 sign or message element. If a fence Facade C or wall is less than three (3) times the width of the sign or message Facade A -Sign 1 element, the fence or wall shall be Facade s - Signs 2 & 3 deemed to be part of the background Facade C - Sign 4 of the display used to differentiate Facade D - Signs 5, s & 7 the sign from the backdrop and the Facade Area for Buildings entire area of the fence or wall shall with Irregular Footprints be considered part of the sign surface area. Ornamental, Decorative Fence or Masonry Wall Greater Than Three Times Length of Sign (2) Freestanding Signs as Accessory Structures. Freestanding signs and sign structures are hereby declared to be accessory structures. As accessory structures, freestanding signs and sign structures may not occupy a lot without a primary use or building also being legally located on the lot, unless in compliance with the regulations of this ordinance for temporary signs or off-premise signs. Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (g) General Sign Regulations (3) Removal of Freestanding Signs. Notwithstanding anything contained in Section 21 -01.03 (kl — Legally Established Nonconformin Signs igns to the contrary, freestanding on premise signs and sign structures, shall be subject to the following removal provisions: (Ord. No. 10269- 13, 11- 11 -13) (A) When the building, or any activity, business, entertainment, commodity, product, profession or service conducted, manufactured, offered or sold on the premise not located in a building, is removed, any sign and sign structure located on the lot and accessory to such building, or activity, business, entertainment, commodity, product, profession or service shall also be removed coincidentally with the removal of such building, or activity, business, entertainment, commodity, product, profession or service. Any new sign or sign structure located after such coincident removal, shall be located in compliance with the provisions of this Ordinance. (B) When a legally established nonconforming building, or any activity, business, entertainment, commodity, product, profession or service not located in a building, suffers a partial destruction in excess of the value specified in Section 21 -01.03 (kl — Legally Established Nonconforming Signs of this Ordinance and such building, or activity, business, entertainment, commodity, product, profession or service must be removed and brought into compliance with the terms of this Ordinance, any sign or sign structure located on the lot shall also be brought into compliance with the terms of this Ordinance. (Ord. No. 10269 -13, 11 -11- 13) (4) Cutting of Trees or Shrubs. No person, for the purpose of increasing or enhancing the visibility of any sign, shall damage, trim, destroy, or remove any trees, shrubs or other vegetation located: (A) Within anypublic street right -of -way unless the work is done pursuant to the express written authorization of the governmental department having jurisdiction over said public street; (B) On property that is not under ownership or control of the person doing or responsible for such work unless the work is done pursuant to the express authorization of the person owning the property where such trees or shrubs are located; or, Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (g) General Sign Regulations (C) In any area where such trees or shrubs are required to remain under a permit issued under this Ordinance. (5) Illuminated Signs. (A) Lighting directed towards a sign shall be shielded so that it illuminates only the sign surface and does not shine on, cause glare to or otherwise impair the vision of the driver of any motor vehicle traveling on a public right -of -way. (B) This sub - Section shall not apply to signs that are an integral part of a vending machine, telephone booth or, do not exceed two (2) square feet in sign surface area. (6) Changeable Copy Signs. Changeable copy signs shall be permitted as part of an otherwise permitted sign, provided that: (A) If a single use site, a maximum of one (1) changeable copy sign shall be permitted which may be part of either a freestanding sign or a wall sign; (B) If an integrated center, either one (1) changeable copy sign shall be permitted as part of a freestanding sign, or each individual use within an integrated center shall be permitted one (1) changeable copy sign as part of a permitted wall sign; (C) A changeable copy sign may be used as part of either a freestanding sign or as part of a wall sign, but not both; and, (D) The changeable copy sign shall not exceed forty (40) percent of the sign surface area of the permitted sign. (7) Gasoline Service Station Signs. Signs may be located on a gasoline island canopy, gasoline island spandrels, pump islands or dispensers and shall be considered as and regulated as building wall signs subject to the following exceptions: (A) Such signs located on a gasoline island canopy, gasoline island spandrels, gasoline pump islands or gasoline dispensers shall not exceed: fifty (50) percent of the surface area of the facade of the canopy; or, Ord. No.: 9495 -04 ii. fifty (50) percent of the fagade of the gasoline dispensers, spandrel or pump island upon which such sign is located. (B) Such signs may be located on either a gasoline island spandrel or a Gasoline Service Station — Canopy, Spandrel, Pump Island and lul Maintenance of Signs. Nothing contained in this Ordinance shall be construed to prevent the maintenance, repainting or posting of legally established signs. Maintenance shall include the replacement of sign surfaces within a sign structure provided that the sign structure is not removed or changed in any dimension. All signs shall be maintained in good repair (e.g., without pealing paint or broken sign faces) and in operable condition (e.g., if internally illuminated, all light bulbs or tubes shall be operational) at all times. The City of South Bend may order the removal of any sign which becomes a public hazard due to lack of maintenance and repair. (9) Compliance with Other Codes. All signs shall be constructed, connected, operated and maintained according to the specifications of the building and electrical codes of the City of South Bend. (10) Clear Sight Areas. No sign shall interfere with the clear sight area specified in Section 21 -01.01 (t) — Clear Sight Area Requirements. Section 21 -07.03 Sign Regulations (e) On- Premise Signs: MU & CBD Districts Section 21 -07.03 Sign Regulations. (d) On- Premise Signs: MU - Mixed Use District and CBD — Central Business District (1) Freestanding Identification Signs. (A) Type of Signs. Freestanding identification signs shall be monument signs. (B) Number of Signs. One (1) freestanding identification sign shall be permitted for each street or limited access highway which abuts a lot. When a lot abuts more than one street or limited access highway and qualifies for an additional freestanding identification sign, the minimum separation between freestanding identification signs on the lot, regardless of the orientation of the freestanding identification signs, shall be one hundred (100) feet. (C) Maximum Sign Surface Area of Freestanding Signs. Maximum sign surface area shall apply individually to each street or limited access highway. The maximum sign surface area shall not exceed one (1) square foot for each one (1) lineal foot that a lot abuts a street or limited access highway to a maximum sign surface area of: MU District — thirty-two (32) square feet per street or limited access highway. ii. CBD Disttrict — sixty-four (64) square feet per street or limited access highway. (D) Minimum Front Yard Setback, Side Yard Setback and Rear Yard Setback for Freestanding Identification Signs. Limited Access Highway — The minimum front yard setback for any freestanding identfication sign shall be fifty (50) feet from proposed right -of -way. Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (e) On- Premise Signs: MU & CBD Districts ii. All Other Streets — There shall be no minimum required front yard setback, side yard setback or rear yard setback for freestanding identification signs, provided, however, such signs shall not encroach into any public right -of -way or any clear sight area regulated by Section 21 -01.01 (t) — Clear Sight Area Requirements. (E) Maximum Height of Freestanding Identification Signs. The maximum height of a f eestanding monument identification sign shall not exceed: MU District — eight (8) feet in height above grade. ii. CBD District— fifteen (15) feet in height above grade. (2) Building Identification Signs in the MU District and CBD District. (A) Lower Level Building Identification Signs. Building identification signs located on the first eighteen (18) feet of building height or the actual building height, whichever is less, shall be considered lower level building identification signs. Lower level building identification signs shall be limited to wall signs. In addition, awning signs, canopy signs or marquee signs may be permitted subject to the provisions of Section 21 -07.03 (e) (2) (D), below, or projecting signs may be permitted subject to the provisions of Section 21 -07.03 (e) (2) (C), below. (Ord. No. 10269 -13, 11- 11 -13) The total sign surface area of all lower level building identification signs oriented to an individual facade shall not exceed: i. Front Facade — ten (10) percent of the total area of the first eighteen (18) feet or the actual building height, whichever is lesser, of front facade of a building; and, ii. Side Faqade and Rear Faqade — five (5) percent of the total area of the first eighteen (18) feet or the actual building height, whichever is lesser, of a side or rear facade of a building, provided, however, that for any side fagade or rear facade of a building oriented toward a customer parking area, street or limited access highway, the maximum sign surface area of ten (10) percent shall apply. Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (e) On- Premise Signs: MU & CBD Districts (B) Upper Level Building Identification Signs. Building identification signs located above the first eighteen (18) feet of building height shall be considered upper level building identification signs. The total sign surface area of all upper level building identification signs oriented to an individual facade shall not exceed: Front Facade - fifty (50) percent of the total area of the front facade of a building located above eighteen (18) feet above grade; and, ii. Side and Rear Facades - three (3) percent of the total area of a side or rear facade of a building located above eighteen (18) feet above grade, provided, however, that for any side facade or rear facade of a building oriented toward a customer parking area, street or limited access highway, the maximum sign surface area of five (5) percent shall apply. 0 Upper n Facade I uuu Sign Facade g C Upper Level Sign Facade uuu Lower Level T Lower Level Sign Facade Li CIF 1 Sign Facade 1 AX18' CX18' Determination of Lower Level / Upper Level Signs Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (e) On- Premise Signs: MU & CBD Districts (C) Projecting Building Identification Signs. i. Maximum Height of Projecting Building Identification Signs. Projecting building identification signs shall not extend ten (10) feet above the roof line. ii. Sign Surface Area. a. Total Area — The sign surface area of a projecting building identification sign shall not exceed the sign surface area allocated to either: lower level building identification signs; or, upper level building identification signs, whichever is applicable based upon the location on fagade of the building upon which the projecting building identification sign is attached. a Sign Split between Upper and Lower Levels — In the case of a projecting building Projecting Sign identification sign located partially as a lower level sign and partially as an upper level sign, the sign surface area regulations regarding upper level building identification signs shall apply. C. Corner Lots — In the case of a projecting building identification sign located on the comer of a building oriented toward the intersection of two or more streets, such corner projecting building identification sign shall count against the total sign surface area of building identification signs authorized on the smaller front fagade. 4 Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (e) On- Premise Signs: MU & CBD Districts Maximum Number of Projecting Building Identification Signs. a. Front Fagade — One (1) projecting building identification sign shall be permitted for each two - hundred (200) feet in width of a front fagade of a building oriented toward a street. Whenever more than one (1) projecting building identification sign is permitted, the minimum separation between projecting building identification signs oriented toward the same street shall one - hundred (100) feet. b. Corner Lots — In the case of a building located on a corner lot, a projecting building identification sign may be located at the comer of the building oriented toward the intersection of two or more streets, provided, however, that no other projecting building identification signs shall be located on the same building within one - hundred (100) feet of a corner projecting building identification sign, regardless of orientation. iv. Maximum Projection from Building for Projecting Building Identification Signs. a. Projection from Building — No projecting building identification sign or sign structure supporting a projecting building identification sign shall extend more than eight (8) feet from or beyond its supporting building. b. Distance from Curb — No projecting building identification sign or sign structure shall not extend any closer to an imaginary perpendicular vertical plane located at the street pavement line, curb or outside edge of sidewalk than three (3) feet. a. Encroachment over Right -of -Way— Projecting building identification signs in compliance with the above regulations may project into the air rights of a public right -of -way if approval for such encroachment into the air rights of a public right -of -way is obtained from the governmental authority having jurisdiction prior to the placement of the projecting building identification sign. Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (e) On- Premise Signs: MU & CBD Districts ii. Minimum Height Above Grade for a Projecting Building Identification Sign. The bottom edge of a projecting building identification sign shall not be less than ten (10) feet above grade over a walkway or fifteen (15) feet above grade over a driveway. (F) Awning Sign, Canopy Sign or Marquee Sign. Wherever a lower level building identification sign is permitted, the use of an awning sign, canopy sign or marquee sign shall be allowed subject to the following provisions: i. Total Area — The total area of the awning, canopy or marquee (i.e., the combined two dimensional surface area of all sides of the awning, canopy or marquee) shall not exceed the sign surface area allocated to lower level building identification signs on the facade of the building upon which the awning, canopy or marquee is attached. ii. Sign Surface — The portion of the awning, canopy or marquee which includes a sign surface shall not exceed: fifty (50) percent of the total area of an awning or canopy; or, seventy-five (75) percent of the total area of a marquee. iii. Clearance to Grade — The bottom edge of the: awning or canopy shall: not be less than eight foot — six inches (8'— 6 ") above grade over a walkway for any portion of a rigid framing; and, not less than seven foot — six inches (71— 6 ") above grade over a walkway for any portion of a flexible cloth, canvas or similar skirt which may be suspended below the rigid framing a maximum of one (1) foot; marquee shall not be less than nine (9) feet above grade over a walkway; or, Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (e) On- Premise Signs: MU & CBD Districts awning, canopy or marquee shall not be less than fifteen (15) feet above grade over a driveway, interior access drive or alley. iv. Projection from Building — The maximum projection of an awning, canopy or marquee shall not exceed eight (8) feet from or beyond its supporting building and shall not project beyond any walkway adjacent to the building. V. Marquee Sign — A marquee sign may include a non - changeable copy sign attached to or mounted on top of a marquee, subject to the sign surface area limitations set forth above. vi. Encroachment Over Public Right -of -Way — No awning, canopy or marquee shall encroach into the air rights of any public street right -of -way. (11) Incidental Signs. (A) Type of Signs. Incidental signs shall be monument signs or wall signs. (B) Number of Signs. i. If a lot has one (1) driveway, two (2) incidental directional signs shall be permitted at the driveway entrance or exit; ii. If a lot has more than one (1) driveway, one (1) incidental directional sign shall be permitted for each driveway; and, iii. One (1) incidental directional sign or one (1) incidental parking and loading sign 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 drive -up window; a customer or employee parking area; or, a delivery or loading area). Ord. No.: 9495 -04 Section 21 -07.03 Sign Regulations (e) On- Premise Signs: MU & CBD Districts (C) Maximum Sign Surface Area of Incidental Signs. The maximum sign surface area of incidental signs shall not exceed: i. MU District — two (2) square feet in sign surface area per sign. ii. CBD District — six (6) square feet in sign surface area per sign. (D) Minimum Front Yard Setback, Side Yard Setback and Rear Yard Setback for Freestanding Incidental Signs. There shall be no minimum required front yard setback, side yard setback or rear yard setback for freestanding incidental signs, provided, however, such signs shall not encroach into any public right -of -way. (E) Maximum Height of Freestanding Incidental Signs. The maximum height of a freestanding incidental monument sign shall not exceed four (4) feet in height above grade. (12) Suspended Signs. Suspended signs shall be permitted on any building containing two or more individual, non - related and separately operated uses subject to the following regulations: (A) There shall be no more than one (1) suspended sign per front facade of the structure or tenant space of each grade -level tenant. (B) The maximum sign surface area of a suspended sign shall not exceed five (13) square feet. (C) All portions of the suspended sign or sign structure shall be not less than eight foot — six inches (8'— 6 ") above finished grade if made of rigid construction, or seven foot — six inches (7'— 6 ") above grade is made of a flexible cloth, canvas or similar material. Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses Section 21 -08.02 Special Regulations for Controlled Uses. Controlled uses are hereby recognized as having objectionable secondary impacts. A concentration of controlled uses in a particular area can increase the impact of those objectionable secondary impacts to the point where a deleterious impact is created on area properties. In order to prevent the concentration of controlled uses and to prevent such deleterious impacts from leading to the development of blighted areas, any controlled use, in addition to the permitted use and development standard regulations specified in any applicable Commercial / Mixed Use District or Industrial District, shall also be subject to the following additional regulations: (a) Where Permitted: Controlled uses shall be allowed as primary uses or special exception uses in Commercial / Mixed Use Districts, Industrial Districts or PUD Districts as specified in the following Table: Controlled Use I District OB NIIJ O LB CB CBD GB LI GI PUD Adult Business I - - - - - - SE P .-iumsemew Areade SE - SE P P P k Bor / Tm•ern SE - P P P P SE P Nightclub SE - P P P P SE P Cabaret —'1 and a-er SE - P P P P Cabaret— .4dult - - SE P Gun Shops and Gunsmith Shops SE SE Pawnshop - P P P P - - Billiard Hall - SE - SE p P P - - Public Dance Hall - - SE P P P - - x Off -Track Pari- mutuel wagering facility - _ SE SE SE SE SE Casinos. Approved Hotels and other areas where gambling games SE SE SE SE SE are conducted Tattoo, Body Piercing, Scarifying and Branding - SE SE SE SE P p Establishments p — Permitted as a Primal• Else SE — Permitted only as a .Sjtecial Exception Use — Permitted only if specified in the PUD District Ordinance — Not Permitted Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses (b) Additional Development Standards for Controlled Uses: Controlled uses, where permitted, shall be subject to the following additional development standards: (1) Spacing Regulations: (A) General — No building or lot may be used and no building may be erected, moved, structurally altered or enlarged for any controlled use, if such building or lot is located within one - thousand (1,000) feet of any two (2): i. controlled uses; ii. family restaurant with lounge; iii. cabaret — family; or, iv. Controlled Uses, as defined and regulated, shall consider the location of any business establishment with four (4) or more amusement devices, to determine and meet the spacing regulations of such adult businesses. (Ord. 9760 -07) provided, however, a controlled use may be structurally altered for the purposes of constructing, enlarging or refurbishing kitchen, food service, restroom or indoor storage areas, if. (i) such structural alterations are performed within the existing building, and, (ii) the seating capacity or patron service area is not increased. (B) Adult Businesses — For the reasons outlined in Ordinance No. 9132 -00, of the City of South Bend, Indiana, the Statement of Purpose and Intent of which is hereby incorporated herein by this reference, no adult business shall be located within five- hundred (500) feet of any: i. district within the City of South Bend, St. Joseph County or the City of Mishawaka which allows any residential use as a primary use; ii. lot being legally established for a dwelling use, religious use, school use or park use or, iii. any of the following districts: a. In the City of South Bend: Ord. No.: 9495 -04 Section 21 -09.02 Special Regulations for Controlled Uses 1. SFl — Single Family and Two Family District 2. S172 — Single Family and Two Family District 3. MFI —Urban Corridor Multifamily District 4. M172 — High Density Multifamily District 5. OB — Office / Buffer District 6. MU — Mixed Use District 7. O — Office District 8. LB — Local Business District 9. CB — Community Business District 10. CBD — Central Business District 11. PUD — Planned Unit Development District (that does not specifically include adult businesses as permitted uses) 12. U — University District b. In St. Joseph County: 1. C -2 — Planned Shopping Center District 2. R — Single Family Residence 3. R -1 — Mobile Home Park 4. R -2 — Multifamily 5. A — Agriculture District 6. O — Office District 7. O/B — Office / Buffer District 8. B — Business District C. In the City of Mishawaka: 1. R -1 — Single Family 2. R -2 — Single and Multifamily 3. R -3 — Preference for Multifamily 4. R -4 — Mobile Home 5. C -2 — Shopping Center 6. PUD — Planned Unit Development (C) Tattoo, Body Piercing, Scarifying and Branding Establishments — No tattoo, body piercing, scarifying and branding establishment shall be located within five- hundred (500) feet of: (i) any religious use; or, (ii) any public or parochial school for children in any grades from K through 12. (D) Gun Sales or Gunsmith Shops — No firearms or ammunition shall be sold in any gun sales or gunsmith shops within two- hundred (200) feet of any: Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses (i) any public or parochial school for children in any grades from K through 12; (ii) child care center; or, (iii) child care ministry. (E) Exemption: In order to promote the use of the downtown and East Bank area as a regional retail business and convention center, any Class A cabaret or restaurant which sells beer or intoxicating liquor for consumption on the premises, any pool hall or billiard hall, and any wagering, off-track pari- mutual wagering facility is exempt, for the purpose of this chapter, from the locational restrictions in section 21- 08.02(b)(1)(A) herein, in the area bounded by a line drawn as follows: Beginning at a point formed by the intersection of the north right -of -way line of Madison Avenue and the west right -of -way line of William Street; thence south along the west right -of -way line of William Street to the first alley south of Western Avenue; thence west along said alley to the west right -of -way line of Taylor Street; thence south along said right -of -way to the north right -of -way line of South Street; thence east along said right -of- way to the west right -of -way line of William Street; thence south along said right -of -way, extended to the south right -of -way of the Conrail property; thence southeasterly along said right -of -way to the west right -of- way of Lafayette Boulevard; thence north along said right -of -way to the south right -of -way line of Monroe Street; thence east along said right -of- way to the southwest right -of -way line of Lincolnway East; thence southeasterly along said right -of -way to the southeast right -of -way line of the portion of Monroe Street between Lincolnway East and the St. Joseph River; thence northeasterly along said right -of -way to its intersection with the centerline of the St. Joseph River; thence northwesterly along said centerline to the north right -of -way line of Jefferson Boulevard; thence east along said right -of -way to the first alley east of Niles Avenue; thence north along said alley, extended, to the north right -of -way line, extended, of Sorin Street; thence west along said right -of -way to the east right -of- way line of Niles Avenue; thence north along said right -of -way to the second alley north of Sorin Street; thence west along said alley, extended, to the centerline of the St. Joseph River; thence southwesterly along said centerline to the north right -of -way line, extended, of Madison Avenue; thence west along said right -of -way to the west right -of -way line of William Street, which is the point of beginning, all in the City of South Bend, St. Joseph County, State of Indiana. (Ord. No. 9513 -04) Ord. No.: 9495 -04 Section 21 -05.02 Special Regulations for Controlled Uses (2) Measurement of distance for controlled uses shall be as follows: (A) Single Use Sites — All measurements shall be from the lot lines of the lot or out lot occupied by the controlled use. (B) Integrated Centers — All measurements shall be from the perimeter walls of the tenant space occupied by the controlled use. (C) Straight Line — All distance measurements shall be measured in a straight line, without regard to intervening buildings, structures or objects. (3) Exterior Display for Adult Businesses. Notwithstanding any other provisions of this Ordinance to the contrary, all exterior displays for an adult business shall comply with the following regulations. (A) No adult business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decorations, sign, show window or other opening from any public right -of -way. (B) Number of Signs. Not more than one (1) business wall sign shall be permitted for an adult business and said business wall sign shall be permitted only on the front facade of the building. In addition to the one (1) permitted business wall sign, an adult business may be permitted not more than one (1) freestanding sign structure (i.e., a pole sign, a pylon sign or a ground sign) if permitted by Section 21 -07.03 — Sign Regulations of this Ordinance, and any amendments thereto, and if such freestanding sign meets all of the requirements of the district in which it is located. All other sign structures shall be prohibited. (C) Sign Surface Area. The sign surface area of a business wall sign for an adult business shall not exceed sixteen (16) square feet. The maximum sign surface area of a freestanding sign structure (i.e., a pole sign, a pylon sign or aground sign), where permitted, shall not forty -eight (48) square feet. (D) Lighting. Signs and sign structures may be illuminated, provided, however, such illumination shall not be by way of exposed neon, exterior lighting (e.g., spot or flood lights) or any flashing or animated lights (either interior to the sign, on the exterior of the sign, or as a border to the sign). Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses (4) Continuation of Nonconforming Use. This Section 21.08.02 is subject to the provisions of Section 21 -01.03 — Nonconforming Lots, Uses, Buildings, Structures or Signs. (c) Definitions for Adult Businesses. The following terms related to adult businesses shall be defined as set forth below. All other terms shall have the meaning set forth in Section 21 -11— Definitions of this Ordinance. (1) Adult Bookstore: An establishment having as a preponderance of its stock in trade or its dollar volume in trade, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. (2) Adult Cabaret (a.k.a. Class B Cabaret): Any cabaret, nightclub, bar, tavern, restaurant or similar establishment, not including a 21 & over cabaret, a family cabaret, family restaurant, or family restaurant with lounge, which features: a. Persons who appear in a state of semi - nudity; b. Live performances by topless or bottomless dancers, go -go dancers, exotic dancers, strippers, or similar entertainers where such performances are distinguished or characterized by the exposure of specified anatomical areas or by emphasis on specified sexual activities; C. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons; or, d. Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers. (3) Adult Drive -In Theater: An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats in which a preponderance of the total presentation time is devoted to the showing of materials distinguished or characterized by an emphasis on matter depicting, describing or relating to Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses specified sexual activities or specified anatomical areas for observation by patrons. (4) Adult Business: An Adult Bookstore, Adult Motion Picture Theater, Adult Mini Motion Picture Theater, Adult Motion Picture Arcade, Adult Cabaret (a.k.a. Class B Cabaret), Adult Drive -in Theater, Adult Live Entertainment Arcade, Adult Motel or Adult Service Establishment. (5) Adult Live Entertainment Arcade: Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to view from an enclosed or screened area or booth a series of live dance routines, strip performances or other gyrational choreography which performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas. (6) Adult Mini Motion Picture Theater: An enclosed building with a capacity of more than five (5) but less than fifty (50) persons, used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which a preponderance of the total presentation time is devoted to the showing of materials which are distinguished or characterized by an, emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (7) Adult Motel: A hotel, motel or similar establishment offering public accommodations for any form of consideration which provides patrons, upon request, with closed- circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (8) Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug- operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image- reducing devices are maintained to show images to five (5) or fewer persons per machine at one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses (9) Adult Motion Picture Theater: An enclosed building with a capacity of fifty (50) or more persons used for presenting films, motion pictures, video cassettes, slide or similar photographic reproductions in which a preponderance of the total presentation time is devoted to showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. (10) Adult Service Establishment: Any building, structure, premises or other facility, or any part thereof, under common ownership or control which provides a preponderance of services involving specified sexual activities or display of specified anatomical areas. (11) Enlargement Of An Adult Business: An increase in the size of the building, structure or premises in which the adult business is conducted by either construction or use of: (1) an adjacent building; (2) an additional building; or, (3) the construction or use of any portion of an adjacent building or additional building, whether located on the same or an adjacent lot or parcel of land. (12) Establishing An Adult Business: Any of the following: (A) The opening or commencement of an adult business as a new business; (B) The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined herein; (C) The addition of any of the features of one or more of the adult businesses defined herein to an existing business; (D) The addition of any of the adult businesses defined herein to any other existing adult business; or (E) The relocation of any adult business. (13) Nonconforming Adult Use: Any building, structure or land legally established as an adult business prior to the effective date of this Ordinance, but which would be prohibited, regulated or restricted under the provisions of this Ordinance. (14) Reconstruction Of An Adult Business: The rebuilding or restoration of any nonconforming adult business use which was damaged or partially destroyed by an exercise of the power of eminent domain, or by fire, flood, wind, explosion or other calamity or act of God if the damage or destruction exceeds fifty (50) percent of the fair market value of the building, structure or the facilities affected. Ord. No.: 9495 -04 Section 21 -09.02 Special Regulations for Controlled Uses (15) Resumption: The reuse or reoccupation of a nonconforming adult business use which has been discontinued for a period of six (6) or more consecutive months. (16) Services Involving Specified Sexual Activities Or Display Of Specified Anatomical Areas (as used to define an Adult Service Establishment): Any combination of two (2) or more of the following activities: (A) The sale or display of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; (B) The presentation of films, motion pictures, video cassettes, slides, or similar photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons; (C) The operation of coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices to show images to five (5) or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas; or (D) Live performances by topless or bottomless dances, go -go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. (17) Specified Anatomical Areas: Any of the following: (A) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or, (B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Ord. No.: 9495 -04 Section 21 -08.02 Special Regulations for Controlled Uses (18) Specified Sexual Activities: Any of the following: (A) Human genitals in a state of sexual stimulation or arousal; (B) Acts of human masturbation, sexual intercourse or sodomy; (C) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts; (D) Flagellation or torture in the context of a sexual relationship; (E) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; (F) Erotic touching, fondling or other such contact with an animal by a human being; or, (G) Human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in (A) through (F) above. (19) Structural Alteration Of An Adult Business: Any change which would prolong the life of the supporting members of a building or structure such as bearing walls, columns, beams or girders, except such changes as are ordered made pursuant to the provisions of the Unsafe Building Law, IC 36- 7 -9 -1, and any amendments thereto. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations ARTICLE 7 GENERAL REGULATIONS SECTION 21 -07 GENERAL REGULATIONS Section 21 -07.01 Landscape Regulations. Intent - Landscaping is an essential element of the site design process and is an important feature in promoting the public health, safety, comfort, convenience and general welfare of the City of South Bend. Landscaping is intended to: mitigate incompatibilities between adjacent land uses; reduce the negative impacts of higher intensity land uses on less intense adjacent land uses; provide a critical visual and noise buffering effect between higher intensity districts and less intense districts; lessen the impact of development on the environment by reducing glare and heat buildup; and, break up large expanses of pavement so as to reduce impervious surface area, storm water run -off and the level of pollutants from non -point sources. (a) General Landscaping Provisions. (1) Applicability— Within the City of South Bend, all new developments and all additions to existing development (i.e., building additions, parking area expansions, etc.) shall provide landscaping as required by this Section for such new development or addition. (2) Location of Landscaping — Required landscaping areas shall consist of four (4) locations on a site: (i) landscaping of required perimeter yards or residential bufferyards; (ii) foundation landscaping; (iii) interior parking area landscaping; and, (iv) parking area screening. (3) Types of Landscape Screening — Three (3) types of landscape screening are provided for in this Section: (i) Type A: Open; (ii) TSB: Partial Screenine; and, (iii) Type C: Full Screening. These three (3) types of landscape screening are intended to provide a progression of screening options suitable to a variety of landscaping and buffering needs between land uses and districts. (A) Type A: Open — The Type A: Open landscaping creates a pleasant visual experience but provides a minimal visual or sound barrier. Therefore, Type A: Open landscaping is intended for use on lots where the district of the abutting lots includes permitted uses with similar intensities, lights, sounds and regular operations and would have minimal, if any, negative impact on adjacent properties. Type A: Open landscaping requires a majority of the landscape materials to be of a shade tree variety with flexibility to add color, interest or heavier visual screening, if desired. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations (B) TVpe B: Partial Screening — The TVpe B: Partial Screening landscaping creates a partial visual and sound barrier and is intended for use on lots where the district of the abutting lots includes permitted uses that may be similar in land use intensity, but may still contain lights, sounds and regular operations which may adversely impact adjacent properties. Tvpe B: Partial Screening landscaping requires the use of evergreen trees to provide year -round buffering while allowing flexibility to add color and interest with deciduous trees or shrubs/hedge plants. (C) Type C: Full Screening — The Type C: Full Screening landscaping shall be designed to create a substantial visual barrier from grade to at least six (6) feet above grade at time of planting. Tvpe C: Full Screening landscaping should also provide a sound barrier effect. Type C: Full Screening landscaping is intended to be placed on lots in higher intensity districts which abut lots located in lesser intense districts that may be adversely impacted by the lights, sounds and regular operations of the higher intensity district. Type C: Full Screening landscaping requires significant use of evergreen trees to provide year -round buffering while allowing flexibility to add color and interest with deciduous trees or shrubs/hedge plants. Any evergreen species that drops its lower branches (e.g., white pines, etc.) shall not be permitted as a "evergreen" tree in a Tempe C: Full Screening landscape area. Example of Type A — Open Landscaping Example of Type C: Full Screening Landscaping (4) Live Vegetation - All trees and shrubs required by this Section shall be living vegetation. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations (5) Ground Cover - Ground cover within landscape areas may consist of: grasses; preserved existing natural vegetation (i.e., thickets); or, mulch, chipped bark or other natural forms of ground cover. Loose stone, rock or gravel may be used as a landscaping accent, but shall not exceed twenty (20) percent of the area of the required landscape area in which it is used. (b) Landscaping of Required Perimeter Yards and Residential Bufferyards. (1) Yards in All Commercial / Mixed Use Districts, Industrial Districts, Residential Districts for Multifamily Dwelling and Such Yards Along a Limited Access Highway. The following landscaping requirements apply to any portion of a front yard, side yard or rear yard, including yards along a limited access highway, which are located in any Commercial / Mixed Use District, Industrial District, or Residential Districts for multifamily dwellings and which yard is not occupied by improvements permitted in the sub - Section "Use of Minimum Yards and Residential Bufferyards" in the applicable district. Hardscape plazas are also exempt: (A) Deciduous Shade Trees: A minimum of one (1) shade tree planted for every forty (40) feet of the applicable lot line. Such trees may be evenly spaced at forty (40) feet on center or grouped together, provided however, in no case shall spacing between trees exceed eighty (80) feet; or, (B) Deciduous Ornamental Trees: A minimum of one (1) ornamental tree planted for every twenty -five (25) feet of the applicable lot line. Such trees may be evenly spaced at twenty- five (25) feet on center or grouped together, provided however, in no case shall spacing between trees exceed fifty (50) feet. (2) Landscaping of Required Residential Bufferyards in All Commercial / Mixed Use Districts, Industrial Districts and Residential Districts for Special Exception Uses. Landscaping required in any portion of a front residential bufferyard, side residential bufferyard or rear residential bufferyard located in a: (i) Commercial / Mixed Use District; (ii) Industrial District; or, (iii) Residential District occupied by a special exception use, and which is not occupied by improvements permitted in the sub - Section "Use of Minimum Yards and Residential Bufferyards" in the applicable district, shall consist of either Type A: Oren, Type B: Partial Screeningor Tie C: Full Screening _as specified below and in Table 21 -07.01 — A: Residential Bufferyard Landscapes. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations TABLE 21- 07.01- A: RESIDENTIAL BUFFERYARD LANDSCAPING Zoning of Zoning of Subject Property Adjacent Property SE / Utt1 OB MU O LB CB CBD GB LI GI PUD SFl (4) B B B B B B B C C C (2) SF2 (4) B B B B B B B C C C (2) MF1 (4) A B B B B B B C C C (2) MF2 (4) A B B B B B B C C C (2) PUD (3) B B B B B B B C C C (2) Special Exception Use located in a Residential District; or, U — University District or other Special Use Districts. Landscaping may be Tune A: Open, Type B: Partial Screening or Type C: Full Screening and shall be determined as part of the review and detemilnation of the Planned Unit Development. (3) — Residential portion of a PUD. (4) — When a street separates a residential zoning district from a non - residential zoning district, Type A: Open may be substituted in thefront yard. (Ord. No. 10269 -13, 11- 11 -13) A — Type A: Open landscaping. See Section 21 -07.01 (b) (1), above, B — Type B: Partial Screening landscaping shall contain a minimum of two (2) evergreen trees for every twenty -five (25) feet of the length of a lot line which abuts a residential district or a residential portion of a PUD district. Such trees shall be evenly spaced. C — Type C: Full Screening landscaping shall contain a minimum of four (4) evergreen trees for every thirty (30) feet of the length of a lot line which abuts a residential district or a residential portion of a PUD district. Such trees shall be evenly spaced in a staggered double row where the rows are not more that twelve and one -half (12.5) feet apart. Utility Easement Landscaping — In those instances where overhead utilities are located within required yards or required residential bufferyards, plant material selections shall be limited to small growing trees which typically do not exceed twenty -five (25) fee in height at maturity. Appropriate utility easement plant materials include: ornamental trees, such as the redbud, dogwood and crabapple; or, evergreen trees (narrow spread), such as the emerald green arborvitae. See Section 21 -07.01 (i) - Alternate Landscape Plan Approval for additional limitations. Note: See Section 21 -07.01 (i) - Alternate Landscape Plan Approval for alternate landscape materials or landscape design options. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations (3) Landscaping of Required Residential Bufferyards for permitted non - residential uses in the SF Single and Two Family Residential Districts, SF2 Single and Two Family Residential District, MF1 Urban Corridor Multifamily District and MF2 High Density Multifamily District. Landscaping required in any portion of a front residential bufferyard , side residential bufferyard or rear residential bufferyard which is not occupied by improvements permitted in sub - Section "Use of Minimum Yards and Residential Bufferyards" in the applicable district, shall consist of Type A: Open. (Ord. No. 9653 -06) (c) Foundation Landscaping. Foundation landscaping is excepted, similar to buildings in the CBD — Central Business District. (d) Interior Off - Street Parking Area Landscaping. All new surface, off-street parking areas containing sixty (60) parking spaces or more and all expanded surface off - street parking areas which are increased by sixty (60) parking spaces or more, whether such increase occurs at one (1) time or in successive stages, shall be subject to the following regulations: (1) All such off - street parking areas shall include at least one (1) required interior landscape island for every fifteen (15) parking spaces (or fraction thereof), or five- thousand (5,000) square feet of off - street parking area, whichever yields the greater number. (2) Each required interior landscape island shall measure a minimum of eight feet by eighteen feet (8'X 18'). (3) Each required interior landscape island shall contain a minimum of one (1) deciduous shade tree, one (1) deciduous ornamental tree or one (1) evergreen tree. (4) Interior landscape islands shall be located at the end of parking bays so as to define vehicular and pedestrian traffic patterns. (5) All trees shall comply with the size at time of planting as indicated in Table 21- 07.01 — B: Minimum Size at Time of Planting. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations (6) Area devoted to interior landscape islands shall be in addition to any required perimeter yard landscaping, foundation landscaping or parking area screening required by this Section 21- 07.01. Example of Interior Off - Street Parking Area Landscaping (7) Off - street parking areas shall include areas used for the parking or display or automobiles, boats, truck or farm equipment associated with a dealership or leasing business. (8) Off-street parking areas shall not include areas used for semi -truck loading areas, semi -truck maneuvering areas and semi -truck parking areas. (e) Off- Street Parking Area Screening. The regulations of this sub - Section shall apply to all new surface, off-street parking areas and expanded surface off - street parking areas for any use except a single family dwelling or two family dwelling. In addition to perimeter yard landscaping, foundation landscaping and interior parking area landscaping, if an off-street parking area is located: between a front building line and a front lot line; between a side building line and any required side residential bufferyard; or, between a rear building line and any required rear residential bufferyard, the edge of the parking area facing such front lot line, side residential bufferyard or rear residential bufferyard Example of Off - Street Parking Area Screening shall be screened by a compact row of shrubs/hedge plants planted three feet on- center (Y o.c.) across the front of the Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations parking area located between such front lot line, side residential bufferyard or rear residential bufferyard and the edge of the parking area. Minimum planting size shall meet the requirements of Table 21- 07.01 -B for Hedge Plants / Shrubs, and be maintained at a maximum allowable growth height of thirty -six inches (36 "). (Ord. No. 9783 -07) (f) Minimum Plant Material Sizes at Time of Planting. All plant materials specified by this Section 21 -07.01 — Landscape Regulations shall comply with the minimum sizes at time of planting as specified in Table 21- 07.01— B: Minimum Size at Time of Plantine. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations TABLE 21- 07.01- B: NIINIMUM SIZE AT TIME OF PLANTING Plant cateeory Minimum Size Deciduous Shade Tree (a.k.a. Overstory Tree) 2 %2 inch caliper at 6" above the ground Deciduous Ornamental Tree (a.k.a. Understory Tree) 1 %2 inch caliper at 6" above the ground Evergreen Tree 6' high Evergreen Tree (Narrow Spread)* 4' high Hedge Plants / Shrubs 24" high * — Evergreen Tree (Narrow Spread), such as arborvitae, may only be used as an alternate plant material subject to the provisions of Section 21 -07.01 (i) — Alternate Landscape Plan Approval. (g) Installation of Landscaping. All landscaping required by this Section shall be installed prior to the issuance of a final certificate of occupancy for the use on the real estate. If seasons, weather conditions or other conditions beyond the applicants' control create a situation which is not appropriate for the installation of landscaping immediately prior to the issuance of a final certificate of occupancy, the Zoning Administrator may issue a temporary certificate of occupancy pending the installation of landscaping required by this Section not later than three (3) months after the start of the next planting season after the use of the real estate is commenced. The start of planting seasons shall be March 15 and August 15 of each year. (h) Maintenance of Landscaping. The owner shall be responsible for the replacement of any required planting, which is removed or dies after the date of planting. Such replacement shall occur within three (3) months after the start of the next planting season. Failure to maintain required landscape areas shall constitute a violation of this Ordinance enforceable under the provisions of Section 21 -10 — Enforcement. Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations (i) Alternate Landscape Plan Approval. The Zoning Administrator, upon request by an applicant, shall have the authority to approve an alternate landscape plan prepared in accordance with the following requirements: (1) Redistribution of Plant Materials — The Zoning Administrator may approve a redistribution of plant materials required for perimeter yard landscaping to other locations on the lot, or, a redistribution of plant materials required for a foundation landscaping area to other locations on the lot. The Zoning Administrator shall not have the authority to modify the landscape requirements of this Section 21 -07.01 pertaining to required residential bufferyards. (2) Credit for Preservation of Existing Trees and Vegetation — In order to encourage the preservation of existing trees and vegetation, the Zoning Administrator may approve a Preservation Landscape Plan which utilizes the designation of one or more Tree Save Areas in lieu of new plantings within a required yard, a required residential bufferyard, a required foundation landscaping area or an interior parking area island. Such Preservation Landscape Plan shall: (A) demonstrate that sufficient trees or vegetation shall be preserved to equal or exceed the level of screening required by the basic provisions of this Section 21 -07.01 — Landscape Regulations; ations; and, (B) provide that, in the event trees designated for saving in the Tree Save Area are damaged or die within three (3) years of completion of construction on the site, replacement trees shall be planted in the designated Tree Save Area sufficient to provide landscaping which is, at a minimum, equivalent to the minimum requirements of this Section 21 -07.01 — Landscape Regulations for new plantings. (3) Alternatives for Front Yard, Side Yard and Rear Yards in All Commercial / Mixed Use Districts, Industrial Districts, Residential Districts for Multifamily Dwellings and Along A Limited Access Highway — In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve the following plant substitutions in a required front yard, side yard or rear yard: (A) Hedge plants or shrubs may be substituted for a maximum of twenty -five (25) percent of the required number of shade trees (rounded down to the nearest whole number) at a rate of ten (10) hedge plants or shrubs for each shade tree so replaced. [firs IIZNt -WIitiS! Section 21 -07.01 Landscape Regulations (B) Hedge plants or shrubs may be substituted for a maximum of twenty -five (25) percent of the required number of ornamental trees (rounded down to the nearest whole number) at a rate of six (6) hedge plants or shrubs for each ornamental tree so replaced. (C) Evergreen trees may be substituted for ornamental trees at a rate of one (1) evergreen tree for each ornamental tree so replaced. (D) Evergreen trees may be substituted for shade trees at a rate of three (3) evergreen trees for every two (2) shade tree so replaced. (E) Ornamental trees and shade trees may be substituted with each other at a rate of three (3) ornamental trees for every two (2) shade trees. (F) Evergreen trees (narrow spread) may be substituted for evergreen trees at a rate of three (3) evergreen trees (narrow spread) for each evergreen tree. (4) Residential Bufferyard Landscaping Alternatives — In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve the following plant substitutions in a residential bufferyard: (A) Hedge plants or shrubs may be substituted for a maximum of ten (10) percent of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of ten (10) hedge plants or shrubs for each evergreen tree so replaced. (B) Ornamental trees may be substituted for a maximum of ten (10) percent of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of one (1) ornamental tree for each evergreen tree so replaced. (C) Shade trees may be substituted for a maximum of ten (10) percent of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of one (1) shade tree for each evergreen tree so replaced. (D) Evergreen trees (narrow spread) may be substituted for a maximum of ten (10) percent of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of four (4) evergreen trees (narrow spread) for each evergreen tree. (E) In no case shall the total combined percentage of hedge plants or shrubs, shade trees, ornamental trees, or evergreen trees (narrow spread) which are substituted for evergreen trees exceed twenty-five (25) percent. ]0 Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations (5) Foundation Landscape Alternatives — In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve a foundation landscape plan which includes any combination of shade trees, ornamental trees, evergreen trees, or hedge plants / shrubs, provided that the total amount of plant materials along the building remains proportional to the base requirements of Section 21 -07.01 (c) (2), above. (6) Parking Area Screening Alternatives — In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve a parking area screening plan which includes hedge plants or shrubs in combination with: an ornamental or decorative fence; a masonry wall; or, an earthen berm, provided that: (A) Between a front building line and a front lot line: the ornamental or decorative fence or masonry wall is not less than twenty-four inches (24 ") in height nor more than thirty -six inches (36 ") in height, with an open space percentage equal to or less than seventy (70) percent; or, ii. the earthen berm is not less than twenty -four inches (24 ") in height nor more than thirty -six inches (36 ") in height; or, (B) Between a side building line and any required side residential bufferyard or between a rear building line and any required rear residential bufferyard: i. the ornamental or decorative fence or masonry wall is not less than three (3) feet in height nor more than: a. six (6) feet in height if the open space of the fence is less than twenty (20) percent; or, b. ten (10) feet in if the open space of the fence is twenty (20) percent or greater; or, ii. the earthen berm has a minimum height of not less than four (4) feet and a maximum height not to exceed ten (10) feet; and, (C) the total number of shrubs/hedge plants shall not be reduced by more than fifty (50) percent of the number of shrubs/hedge plants required in sub - Section 21 -07.01 (e) - Off - Street Parking Area Screening, above. 11 Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations . (7) Fence, Wall or Berm Alternatives — In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve a fence, wall or berm installed in compliance with the following regulations as a substitute for up to fifty (50) percent of the number of shade trees, ornamental trees or evergreen trees required to be installed in a perimeter yard or residential bufferyard pursuant to Section 21 -07.01 (b) — Landscaping of Required Perimeter Yards and Residential Bufferyards. (A) Fence or Wall in a Front Yard or Front Residential Bufferyard. An ornamental, decorative fence or masonry wall may be used in conjunction with the landscaping required in a front yard, front residential bufferyard or in a residential district for a special exception use, provided such fence or wall used in a front yard shall: i. maintain a minimum height of three (3) feet with a maximum open space of twenty (20) percent; ii. not exceed three (3) feet in height if the open space of the fence is less than twenty (20) percent; or, iii. not exceed four (4) feet in height if the open space of the fence is less than fifty (50) percent but greater than twenty (20) percent. (B) Fence or Wall in a Side Yard, Rear Yard, Side Residential Bufferyard. Rear Residential Bufferyard or in Residential Districts for Special Exception Uses An ornamental, decorative fence or masonry wall may be used in conjunction with the landscaping in a required side yard, rear yard, side residential bufferyard, rear residential bufferyard or in a residential district for a special exception use, provided such fence or wall shall not exceed: maintain a minimum height of six (6) feet with a maximum open space of twenty (20) percent; ii. six (6) feet in height if the open space of the fence is less than twenty (20) percent; iii. ten (10) feet in height in any Commercial / Mixed Use District or Industrial District if the open space of the fence is less than fifty (50) percent but greater than twenty (20) percent or greater. 12 Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations (C) Berm Regulations. i. Berm in a Front Yard or Front Residential Bufferyard. An undulating earthen berm, may be used in conjunction with the landscaping required in a front yard, front residential bufferyard or in a residential district for a special exception use, provided such berm shall have a maximum height not to exceed: a. Residential District or Commercial/Mixed Use District - three (3) feet; or, b. Industrial District - six (6) feet. Example of 6' Berm with Mature Landscaping ii. Berm in a Side Yard, Rear Yard, Side Residential Bufferyard or Rear Residential Bufferyard. An undulating earthen berm, may be used in conjunction with the landscaping in a required side yard, rear yard, side residential bufferyard, rear residential bufferyard or in a residential district for a special exception use, provided such berm shall have a minimum height of not less than four (4) feet and a maximum height not to exceed ten (10) feet. 13 Ord. No.: 9495 -04 Section 21 -07.01 Landscape Regulations iii. Construction of Berm. A berm utilized as a landscaping element shall be constructed in accordance with the following regulations: a. Each berm shall have a minimum crown width of two (2) feet; b. Each berm shall have a side slope of not greater than three feet horizontal to one foot vertical (3:1); C. Each berm shall be planted and covered with live vegetation; and, d. A retaining wall may be used on the side of the berm facing away from the public right -of -way or away from the side lot line or rear lot line. iv. General Regulations for a Fence, Wall or Berm. A fence, wall or berm may be used as an element of a landscape plan subject to the following regulations. a. Location of Fence, Wall or Berm. A fence, wall or berm shall be located in such a manner as to not interfere with any regulations of Section 21 -01.01 (t) — Clear Sight Area Requirements of this Ordinance. b. Design of Fence, Wall or Berm. A fence, wall or berm shall be designed to not interfere with any walkway or pedestrian/bikeway system serving the site. (8) Interior Landscape Island Design Alternatives — The Zoning Administrator may approve a design in which the area devoted to individual interior landscape islands may be aggregated into one or more larger landscape islands. When aggregated into one or more larger landscape islands, such larger landscape islands shall, at a minimum, include the number of trees and area of landscaping as required for individual interior landscape islands, and shall function to: preserve existing trees; create boulevard treatments; create landscape features; create common open space areas for passive recreational activities; or, define vehicular and pedestrian traffic patterns. 14 Ord. No.: 9495 -04 ' i r j. Iu All ALL 4 _ RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1904 North Kenmore Street AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR J.J. White, Incorporated WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1904 North Kenmore Street, South Bend, Indiana, and which is more particularly described as follows: 300'N & S X 360' E & W Beg Appx 69'N of SW Cor Se and which has Key Number 71- 03 -33- 200 - 016.000 -009, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION Il. The Common Council hereby determines that the annual amount for which similar buildings in the county were leased or rented or offered for lease or rent during the period the eligible vacant building was unoccupied is approximately in the amount of $79,795.64. SECTION III. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of two (2) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Count 3t9r Ly: : 4 aril /� ;.e to.. °Y'w�n --' ... ru�cki CpU(tCti{ aG+1i1016 #r 6 LZ'n Filed i �= . I frce RPPCO.v 40 —V- CITY CLERX, SOUTH BIND, IN S A� 6V�� K)�'- tv-o' RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 140 Niles Avenue AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR RIVER RACE TOWNHOMES, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 122 South Niles Avenue, South Bend, Indiana, and which is more particularly described as follows: N %2 Lot 159 Cottrells 1st Lot 161 Cottrells 1st Lot 163 Cottrells 1st Lot 162 Cottrells 1st 45 Ft E End Lot 158 Cottrells Ist 45 Ft W End 90 Ft E End Lot 158 Cottrells 1st and which has Key Numbers 018 -5010 -0286, 018 -5010 -0287, 018 -5010 -0292, 018 -5010 -0293, 018 -5010 -0291, and 018 -5010 -0288 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for up to a period of nine (9) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. lRf-se".o �Y O`� —s- (DU/VL j Member of the Common Co cil t. °, CounW acWn on Mb €sam, Filed ira Office 4014 JOHN V, CITY CLERK, SOUiH REND, IN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 140 Niles Avenue AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR RIVER RACE TOWNHOMES, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 122 South Niles Avenue which is more particularly described as: N % Lot 159 Cottrells 151 Lot 161 Cottrells IS` Lot 163 Cottrells 151 Lot 162 Cottrells I" 45 Ft E End Lot 158 Cottrells 151 45 Ft W End 90 Ft E End Lot 158 Cottrells 151 and which has Key Numbers 018 -5010 -0286, 018 -5010 -0287, 018 -5010 -0292, 018 -5010 -0293, 018 -5010 -0291, and 018 -5010 -0288 be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections I through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 41 i.D NOT A.kKCVT0 Member of the Common 4nouncil oil and G�Y1V tF'ii ii'14:FV +i yvS 4i:i 1:.::x.1 Filed in I" I €Dl vUt, JOHtd 'U6: CITY CLERK, SOUIT SEND, IN <SpVr a 227 W. Jr I'I'I:RION BOIII.INARD ,� �I'[4�11•i/��O Stn1114WS, v. \ �ij PHONE 574,235!9371 e FAX: 574n35. SnunIBl:Nn.IN4n(All•IN311 r'o \irAL$j�'�y- AI_I mM ��� a2 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXEC LITIVE DIRECTOR June 3, 2014 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: River Race Townhomes, LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the construction of a mixed -use development at 122 South Niles Avenue. The report contains the Department's findings relative to the above petition. The total cost for the construction is estimated at $7,104,600. The project meets the qualifications for a nine -year real property tax abatement and a representative from River Race Townhomes, LLC will be available to meet with the Committee on Monday, June 23, 2014. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9339. Sincerely, Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Deputy Mayor Mark Neal Scott Ford Brock Zeeb ndanlNC NERATBORHoOl) ENCAGENIF.SI BGIXE4 On ELOP\n:.w ECONOMIC RESOL'RCF_i 11'T &U, Pa%11 I n C. A11'1'PR c1m, F @I DI\(: Pn'11n E.Incs 4SOUr eN 227 W. Jnmrx.w +e Bumranun .i ,1Jiiil�:�� „'IO Still 14005. I� \\` ^ • c PININI:': 574235 -)371 SnuTU BIND. IN 46MI.1 830 �u y����.'�aj��� FAX: 574 ;235 -9021 � J865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: RIVER RACE TOWNHOMES. LLC DATE: June 3, 2014 On June 2, 2014, a petition for real property tax abatement consideration for property located at 122 South Niles was filed with the City Clerk by River Race Townhomes, LLC. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report detennining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Petitioner will construct a seven story mixed use commercial building with 60,888 square feet. There will be six floors with a 7ih floor rooftop deck. There will be 32 apartment - condos with retail operations on the first and second floors. The residential valuation is $6,018,000 and the commercial valuation is $1,086,600 for a total project cost of $7,104,600. PLnwse NEIGNMROOou EN(,AGIMENT BI s1sE<, DecEEarMn:rr Econmvr RE.aArxas Jill, KAIN P:\MFIdc.A1rfl'g fn'DF%Unnr Din'ain E. Hus South Bend Common Council RE: Tax Abatement for River Race Townhomes, LLC June 3, 2014 Page 2 Based on a nine year abatement, taxes abated would be $795,472 and net tax paid would be $1,176,832. EMPLOYMENT IMPACT Per the petition, two jobs will be created in the first two years with a payroll of $104,000. The commercial space will also result in newjobs. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the Petitioner. River Race Townhomes , LLC has not been granted any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. The property is located in the East Bank Business District. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (9) nine -year real property tax abatement under section 2 -80 Mixed Use Developments in the East Bank Business District. !|# ° � ! ){ El )\ � }) �k }} /i 9! °9eea ! ƒ#@ §® °\ \( \ # ;.�_�; ��` � )7 § ;\ {^ °` \ \\° !|# ° � ! ){ El )\ � }) �k }} /i 9! °9eea !|# ° � ! ){ El )\ � }) �k }} /i (iev�sei� h� f)epi Cbmmu017Y f)VL en 4- Jun -14 Public Benefit Points Summary. Public Benefit hem: Qualify Earned Available Project Related: Iy or N) points Egiala 1. A. Redevelop a Site that has Special Needs N B. Develop Based on Local University Research N g 6 49 C. Achieve a Physical Element of a Plan Y 35 36 36 Sub -total Prefect Related: 36 120 2. Buyer Slae profecta f 1 1 g 1 A. 100 %lo 1BB% Y 25 B. 200 % lo 299% Y C. 306%. to 399% 66 25 66 y D. 400% and Over Y 65 65 62 62 Sub -total Super Stu Projects: 216 210 3. Construction Reieted: A. Employ Low] Companies Y 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contract, N 0 20 D. Require Target Wage Levels N 0 19 E. Require Health Benefits N 0 22 F Require Pension Benefits N 0 22 16 G. Maintain Affirmative Action Plan Y 20 20 Sub -total Construction Related: 60 141 4. ftda A Benefit Rallied: A. Pay Target Wage Levels N 0 B. Provide Health Benefits Y 34 33 34 C. Provide Pension Benefits N 0 29 D. Provide Training Y 28 26 E. Provide Chid Care Y 15 15 F. Provide Tumspodalion Assistance Y - 14 G. Provide Employer Assisted Housing Program Y 14 9 9 SuMtotal Wage S Benefit Related: 100 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain AMrmetive Action Plan Y 35 35 D. Provide Targeted Hiring Preference Y 34 Sub -total Workforce Related: 152 152 6. Pav for Municipal I hat ctu (polyd values ere oumu,scm): A. Pay for Ovemfaing or Upgrading N 0 14 B. Pay for 26.50% of Extension Cost N 0 26 C. Pay for 51 -75% of Extension Cost N 0 39 D. Pay for 76- 100% of Extension Cost N 0 52 Sub -taral Infrastrodhrre Rested: 0 131 7. Saoport a Mu�cloal FsF oIli,, A. Support a Municipal Facility y 64 & Total Public Benefit Pointe: 642 1000 ' Qwlifiwiiun for each Public Benefit Item based on best available intonation at time of aPpfiwtion or faith good determdagom If no inbnetion availabk. Additional Years of Abatement Multi - family Development Projects: Other Development Projects: Subtotal from Points Summary: 642 Base Years of Abatement Additional Years of Abatement: 6 Total Years of Abatement: g &H 03� « - -" RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS Lot 7 Ignition Park Major Subdivision AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR CATALYST, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at Lot 7 Ignition Park Major Subdivision which is more particularly described as: A PART OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF THE INTERSECTION OF THE WEST LINE OF FRANKLIN STREET WITH THE NORTH LINE OF STULL STREET; THENCE ALONG SAID NORTH LINE FOR THE NEXT FIVE (5) COURSES, SOUTH 89 °- 21'45" WEST A DISTANCE OF 448.14 FEET AND SOUTH 790- 04' -37" WEST A DISTANCE OF 143.69 FEET AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 329.00 FEET AND HAVING AN ARC DISTANCE OF 7.08 FEET, TO THE END OF A CHORD BEARING SOUTH 19°- 3P -39" EAST, AND HAVING A DISTANCE OF 7.08 FEET AND SOUTH 790- 04' -37" WEST A DISTANCE OF 199.83 FEET AND ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 833.00 FEET AND HAVING AN ARC DISTANCE OF 56.34 FEET, TO THE END OF A CHORD BEARING SOUTH 77 °- 08' -22" WEST, AND HAVING A DISTANCE OF 56.33 TO A POINT OF INTERSECTION WITH THE EAST LINE OF IGNITION DRIVE SOUTH; THENCE ALONG SAID EAST LINE FOR THE NEXT FOUR (4) COURSES, NORTH 63 °- 37' -23" WEST A DISTANCE OF 59.76 FEET AND NORTH 19°- 54' -55" WEST A DISTANCE OF 129.95 FEET AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 167.00 FEET AND HAVING AN ARC DISTANCE OF 58.65 FEET, TO THE END OF A CHORD BEARING NORTH 100- 03' -37" WEST, AND HAVING A DISTANCE OF 58.34 FEET AND NORTH 000- 00' -00" EAST A DISTANCE OF 507.17 FEET; THENCE NORTH 89 °40' -25" EAST A DISTANCE OF 935.86 FEET TO THE WEST LINE OF SAID FRANKLIN STREET; THENCE SOUTH 00 °- 55' -14" EAST ALONG SAID WEST LINE A DISTANCE OF 629.46 FEET TO THE POINT OF BEGINNING. CONTAINING 14.10 ACRES MORE OR LESS, AND ALSO TO BE LATER KNOWN AS LOT # 7 OF THE PLAT OF "IGNITION PARK MAJOR SUBDIVISION, SECTION TWO" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, AND EASEMENTS OF RECORD. and which has Key Numbers which are not yet platted be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION Il. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections I through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of seven (7) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. J--7 0L-�I k-- Member of the Cbfnmon Council coon a i' i on vas f5'm ... VRESENTM Filed In me fill CIiY�: NOT A200f LEA -' - a t PEND, IN Wpm 227 W. JEFFERSON BOULEVARD Surrr 1400 S. SOUTI I BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT June 3, 2014 SCOTT FORD, EXECUTIVE DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: CATALYST, LLC Dear Council Member Ferlic: PHONE: 574/235 -9371 FAX: 574/235 -9021 Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the construction of two multi - tenant facilities in Ignition Park. The report contains the Department's findings relative to the above petition. The total cost for the construction is estimated at $12,000,000 over a two year period. The project meets the qualifications for a seven -year real property tax abatement and a representative from Catalyst, LLC will be available to meet with the Committee on Monday, July 14, 2014. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9339. Sincerel y,, 1/l Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Scott Ford Chris Fielding PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES ATIN KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. INKS 227 W. JEFFERSON BOULEVARD Surrr: 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABATEMENT REPORT Inted TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: CATALYST, LLC DATE: June 3, 2014 PHONE: 574/235 -9371 FAX: 574/235 -9021 11A 11�11 20,14 On June 2, 2014 , a petition for real property tax abatement consideration for property located in Ignition Park was filed with the City Clerk by Catalyst, LLC. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY The project involves the development of two multi -tenant facilities in Ignition Park in coordination with the South Bend Redevelopment Commission. The project cost is $12,000,000 over a two year period. Only multi - family, hotel /motel, industrial, and warehousing are targeted industries in the Tax Abatement Ordinance for development in the Airport Economic Development Area; therefore, this abatement will need to be approved by the Common Council as an exception to the Code. PLANNING NF.IGHBORI100D ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MF)'ER CHRIS FIELDING DONALD E. INKS IN South Bend Common Council RE: Tax Abatement for Catalyst, LLC June 3, 2014 Page 2 EMPLOYMENT IMPACT Taxes abated for the seven year abatement are $1,099,338. Taxes paid for the seven year term are $1,491,684. Per the petition, it is estimated that the project will create thirty -two (32) new, permanent full -time positions and zero (0) part-time positions with an annual payroll of $960,000 by the end of 2018. The project will not maintain any jobs. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the Petitioner, Catalyst, LLC has not been granted any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. The property is located in the Airport Economic Development area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (7) seven -year real property tax abatement under section 2 -84 Council's Authority to Enlarge Real Property Tax Abatement General Standards. r C 7 O M Q W } n o 0 0 o Q o0o a m n m nno o m m ocv cv O O O �> M N. 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W I-A- �3 g RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ACCEPTING AND CONFIRMING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION DETERMINING THAT THE TAX INCREMENT FOR ERSKINE VILLAGE TO BE COLLECTED IN THE YEAR 2015 MAY BE ALLOCATED TO THE RESPECTIVE TAXING UNITS AND OTHER RELATED MATTERS STATEMENT OF PURPOSE AND INTENT WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the South Bend, Indiana, Department of Redevelopment (the "Department ") and of the Redevelopment District of the City of South Bend, Indiana (the "Redevelopment District'), exists and operates under the provisions of IC 36 -7 -14, as amended from time to time (the "Act "); and WHEREAS, the Commission has previously adopted resolutions, which have been amended from time to time, declaring the South Side Development Area to be a redevelopment area within the meaning of the Act (the "Area ") and designated territory within such Area as Allocation Area No. 3 (the "Allocation Area ") under Section 39 of the Act; and WHEREAS, the Commission, in accordance with the Act, has previously established an allocation fund for the Allocation Area (the "Allocation Fund"); and WHEREAS, Section 39 of the Act requires the Commission to determine the amount, if any, by which the assessed value of the taxable property in the Allocation Area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to make, when due, principal and interest payments on bonds, plus the amount necessary for other purposes described in Section 39; and WHEREAS, if the amount of excess assessed value determined by the Commission is expected to generate more than two hundred percent (200 %) of the amount of allocated tax proceeds necessary to make, when due, principal and interest payments on bonds plus the amount necessary for other purposes described in Section 39, the Commission shall submit to the Common Council its determination of the excess assessed value that the Commission proposes to release to the respective taxing units for confirmation or modification of such finding by the Common Council and thereafter to provide notice to the St. Joseph County Auditor, the Common Council, and the fiscal officers for each taxing unit located wholly or partly within the respective Allocation Areas before July 15 of each year written notice of the following: the amount, if any, of excess assessed value that the Common Council has determined may be allocated to the respective taxing units in the manner prescribed in Section 39; and WHEREAS, the Commission, in accordance with the Act, has determined that for tax year payable 2015, all of the assessed value in the Allocation Area is excess assessed value and may be allocated to the respective taxing units in the manner prescribed in Section 39 of the Act because the Commission has found that the amount by which the assessed value of the taxable property in the Allocation Area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to make, when due, principal and interest payments on bonds, plus the amount necessary for other purposes described in Section 39; and WHEREAS, the Commission, in accordance with the Act, has submitted its determination to the Common Council for confirmation or modification; and WHEREAS, the Common Council finds that the determination made by the Commission is appropriate and should be confirmed. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. Confirmation of Commission's Determination. The Common Council confirms the determination made by the Commission that for tax year payable 2015, all of the assessed value in the Allocation Area is excess assessed value and may be allocated to the respective taxing units in the manner prescribed in Section 39 of the Act pursuant to the findings made by the Commission that the amount by which the assessed value of the taxable property in the Allocation Area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to make, when due, principal and interest payments on bonds, plus the amount necessary for other purposes described in Section 39. Section 2. Duration of Determination. This determination for 2015 shall not be construed to affect any future determination of the Commission with respect to the capture of assessed value of the taxable property in the Allocation Area in the years following 2015. Section 3. Notice to Officers of the Commission. The City Clerk is hereby authorized and directed to immediately notify or cause to be notified the Officers of the South Bend Redevelopment Commission of the determinations made herein. Section 4. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Common Council. FAVA U 19.2 V City Clerk PUSINTED IN101 ASWo.Nap Member of the Common Council C 12. C� Opp - Or t o Zia, Council &Zg,,,j c,,l th WZW, Filed ffice .. 1:L —d 4UK CITY CLMAIII 14 ND, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTHGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR July 7, 2014 Mr. Oliver Davis, President South Bend Common Council 41h Floor County -City Building South Bend, IN 46601 RE: Confirming Redevelopment Commission Determination that Erskine Village TIF can be Released for 2015 Dear President Davis: PHONE: 574/235 -9371 FAX: 574/235 -9021 Attached for the Common Council's consideration is a proposed resolution which confirms a determination by the South Bend Redevelopment Commission to release the TIF Revenues for the Erskine Village TIF (South Side Development Area Allocation Area #3) for 2015. This year, the Indiana Legislature amended the statute controlling the release of TIF. The law now requires the approval of the Common Council when a determination is made to release TIF for a particular year. On June 26, 2014, the Commission determined that the TIF revenues for 2015 for Erskine Village will not be needed to satisfy the obligations of the District and, therefore, can be released to the various taxing units. The state law now requires that the Common Council confirm the determination made by the Redevelopment Commission. Either Beth Leonard or myself will present this Resolution to the Common Council. Thank you for your consideration. 7Z lZ' % 21 // C Brock Zeeb Director of Economic Resources Department of Community Investment. Fred gp iiffice LZ014 � ,ik I,@; H BEND, IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER CHRIS FIELDING BROCK ZEES MINI BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA (River Race Townhomes) STATEMENT OF PURPOSE AND INTENT Pursuant to the authority granted by Indiana Code Section 36 -7 -12 et seq. and in furtherance of economic development within the City of South Bend, Indiana (the "City "), the South Bend Economic Development Commission (the "Commission "), has investigated, studied and surveyed the need for additional job opportunities within the City and has made recommendations concerning economic development possibilities within the City. Based on its investigatory action, studies and surveys, the Commission has determined that it is necessary to designate a specific geographic area within the City as an Economic Development Target Area ( "EDTA ") because such area has become undesirable or impossible for normal development and occupancy due to lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings or other factors that have impaired values or prevented a normal development of property or use of property. The property known as the northwest corner of Niles Avenue and Jefferson Blvd., South Bend, Indiana, (the "Property ") has been vacant for many years, with many investors having reviewed the Property for investment and development purposes, and each having dismissed the Property as not appropriate for investment and development. Based upon all of the above facts, the Commission at a regular meeting held on June 20, 2014, approved Resolution No. 2014 - 4, a true copy of which is attached hereto and incorporated herein as Exhibit "A." The Resolution designates the Property, located in South Bend, Indiana, as an Economic Development Target Area, which Resolution the South Bend Common Council, as fiscal body for the City, now desires to approve by enacting this ordinance pursuant to Ind. Code Section 6 -1.1- 12.1 -7(a). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The South Bend Economic Development Commission's Resolution No. 2014 - 4 adopted on June 20, 2014, a copy of which is attached hereto as Exhibit "A" and incorporated herein, is hereby and in all ways approved. SECTION II. The Property located at the northwest corner of Niles Avenue and Jefferson Blvd., in the City of South Bend, Indiana, comprising parcel numbers 18 -5010- 028510 and 18-5010-028511, is hereby designated, determined and declared to be an Economic Development Target Area pursuant to Ind. Code Section 6- 1.1- 12. -7, with all rights and benefits conferred and authorized by law. 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 -(V, 7 1o,:, (�,/ -� Member of the Common C uncV il 5 4 so uE t �,. . <� OPW Attest: Coma ack i on (; RESOLUTION NO.,-?O/f-- �( A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RECOMMENDING THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT TARGET AREA (River Race Townhomes) WHEREAS, the South Bend Economic Development Commission (the "Commission ") exists and operates pursuant to the provisions of Indiana Code § 36 -7 -12, et seq.; and WHEREAS, under the authority granted by Indiana Code § 36 -7 -12, et seq. and in furtherance of economic development in the City of South Bend (the "City "), the Commission has investigated, studied and surveyed the need for additional job opportunities within the City and has formed recommendations concerning the economic development possibilities within the City; and WHEREAS, based upon such investigations studies and surveys, the Commission has determined that it is necessary to designate a specific geographic area within the City as an Economic Development Target Area ( "BDTA") because such area has become undesirable or impossible for normal development and occupancy because of a lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings, or other factors that have impaired values or prevent a normal development of property or use of property; and WHEREAS, the property known as the northwest corner of Niles and Jefferson (the "Property ") has been vacant for many years, numerous investors have reviewed the Property for investment and development purposes and each has dismissed the Property as not appropriate for investment and development; and WHEREAS, the Commission now desires to recommend to the South Bend Common Council the designation of the northwest comer of Niles and Jefferson as an EDTA. NOW, THEREFORE, BE IT RESOLVED by the South Bend Economic Development Commission that: I . A favorable recommendation is made to the South Bend Common Council for the establishment of the northwest comer of Niles and Jefferson as an Economic Development Target Area, such area comprising the parcel numbers 18 -5010- 028510 and 18- 5010 - 028511 in accordance with Indiana Code § 6- 1.1- 12.1 -7. 227 W. JEFFERSON BOULEVARD Sun*E 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR July 7, 2014 Mr. Oliver Davis, President South Bend Common Council 0' Floor County -City Building South Bend, IN 46601 RE: Establishing an Economic Development Target Area Northwest Corner of Niles Avenue and Jefferson Blvd. River Race Townhomes Dear President Davis: PHONE: 574 /235 -9371 FAX: 574/235 -9021 Attached for the Common Council's consideration is a proposed ordinance which approves and adopts a recommendation made by the South Bend Economic Development Commission establishing an Economic Development Target Area for the parcels located at the northwest corner of Niles Avenue and Jefferson Blvd. in the City of South Bend. This corner property has been vacant for many years, with many investors having reviewed this property for investment and development purposes, and each having dismissed the property as not appropriate for investment and development. The South Bend Economic Development Commission, in furtherance of economic development within the City of South Bend, has investigated, studied and surveyed the need for additional job opportunities within the City and has made recommendations concerning economic development possibilities within the City. Based on its investigatory action, studies and surveys, the Commission has determined that it is necessary to designate the northwest comer of Niles Avenue and Jefferson Blvd., in the City of South Bend as an Economic Development Target Area which will make this property a more attractive investment and facilitate the development and occupancy of this corner, which is currently a parking lot. I will present this Ordinance to the Common Council. , office Thank you 96 -; ' 'n Y �F}i��Ss3d'eration. __ PLANNING JITIN KAIN JUL -5 2014 JOHN ds00iwE I.FRK, SOU I H BEND, IN NEIGHBORHOOD ENGAGEMENT PAMELA C. METER Sin�ely rrock Zeeb BUSINESS DEVELOPMENT ECONOMIC RESOURCES �^ / CHRIS FIELDING BROOK ZEEB A / ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE PURSUANT TO THE ENVIRONMENTAL PROTECTION AGENCY (EPA)'S RECOMMENDATIONS STATEMENT OF PURPOSE AND INTENT On June 6, 2011 the South Bend Common Council substantially revised and amended Chapter 17, Article 2, of the South Bend Municipal Code, Ordinance # 10095 -11, to conform to the federal Model Pretreatment Ordinance published in January 2007 by the United States Environmental Protection Agency (EPA) Office of Wastewater Management. At the time of its adoption by the Common Council, Ordinance #10095 -I1 enabled South Bend to comply fully with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (Title 40, Code of Federal Regulations [CFR] Part 403. It also protected South Bend's water treatment processes and it enabled South Bend to proceed with its National Pollutant Discharge Elimination System (NPDES) permit conditions, as well as any other State and Federal laws to which a publicly owned wastewater treatment works is subject. The EPA requires South Bend to review periodically the chemical limitations of certain pollutants related to the Industrial Treatment Program to determine if they adequately protect the Wastewater Treatment Plant and the St. Joseph River. South Bend recently completed such an evaluation, which resulted in new limits that must be included in South Bend's ordinance. It is also necessary that the Municipal Code be amended to correct certain non- substantive errors and to make other minor changes. On February 10, 2014 this Council passed and adopted Resolution #4319 -14 which approved a Proposed version of this Ordinance subject to public notice and comment, and final approval by the EPA. This Ordinance incorporates the final changes required by the EPA. The amended Maximum Allowable Industrial Load (MAIL) to Significant Industrial Users set forth in Section I of this final Ordinance has been subject to more than 30 days of public comment without objection. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that various sections of Chapter 17, Article 2, Division 3 shall be amended to read as follows: SECTION I. Chapter 17, Article 2, Division 3, Subsection 17 -8(c), Subparts (14) and (17), and Subsection 17 -8 (f) of the South Bend Municipal Code shall be amended to read as follows: Sec. 17 -8. General purpose; prohibited discharges; discharge standards (c) Specific prohibitions. No User shall introduce or cause to be introduced certain pollutants, substances, or wastewater into any public sewers or directly or indirectly into the POTW. Those pollutants, substances or wastewater prohibited by this subsection shall not be processed or stored in such a manner that they could be discharged to the POTW. The following described pollutants are expressly prohibited: (14) Any waters or wastes having a pH lower than 6.0, any waters or wastes having a pH in excess of 11.0, or having any corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the publicly owned treatment works, or that interferes with any treatment process. Notwithstanding this provision, New Energy Corp., all users may be authorized to discharge at a pH in excess of 11.0 but not to exceed 12.0 in keeping with its odor abatement efforts. Such authorization will be specified in the user's wastewater discharge permit. (17) Medical Wwastes, exeept as speeifieally authorized by the r,:..,,eter that are not amenable to treatment, that cause Pass Through or Interference, that may contribute to blockages in the collection system, or that create a hazard to POTW workers. The Director may require that a wastewater discharge permit be obtained in order to discharge certain medical wastes. (f) Local Standards. (1) The Director is authorized to establish lLocal Limits pursuant to 40 CFR 403.5(c). 2 (2) The following pollutant limits are established to protect against Pass Through and Interference. These li ffikatio ,.. May be applied as eithef ..tant...,o, us limitation er daily maximum limitafi ns No person Significant Industrial User shall discharge wastewater eentaining in excess of the following daily maximum discharge limitations: (0.00019) mg/L total mercury. (3) The Director may, at the Director's sole discretion, implement local limits through allocation of the Maximum Allowable Industrial Load (MAIL) to Significant Industrial Users. The MAIL is the total daily loading of a pollutant available to be allocated to all Significant Industrial Users. MAILS for the following pollutants are hereby incorporated by reference: ( 0.3] mgA,- Arsenic E 0.5] fng k Cadmium X7.51 n 1 c Chromium �1-.6]me l-s Copper X1.5] reel -c Cyanide X1.6] Fng/rl Lead X0.1] ffig"I [1.9 j mg/I n Nickel X1.8] — /4-s Silver X3.41 fng -z Zinc (4) Significant Industrial Users (SIU) who have not been given an allocation for one of the pollutants listed above shall notify the City of South Bend at least 90 days in advance of a change in the characteristics of their wastewater that would increase the expected concentration of that pollutant in their wastewater discharge. In addition, the City may determine at any time that an SIU wastewater discharge requires a limitation for a pollutant, regardless of the concentration levels listed below, and may then develop a limit based on the MAIL. In any case, SIU discharge that is found to contain in excess of the following concentrations will be reviewed for the need for a limit. The Director may require more sensitive analysis when results are reported as less than the following concentrations or less than greater concentrations: Arsenic -0.2 mg/L Cadmium -0.1 mWL Chromium -2.0 mg/L Copper -0.3 mg/L Lead --0.3 mWL Nickel -0.3 mg /L Silver -0.2 mg/L Zinc -0.3 mg /L Cyanide -0.1 me/L SECTION II. Chapter 17, Article 2, Division 3, Section 17 -10, Subparts 17 -10 (k)(1), (n)(4), (p)(1), (p)(2)(b), and (w)(4) of the South Bend Municipal Code shall be amended to read as follows: Sec. 17 -10. Pretreatment of industrial wastewater and permits for wastewater discharge, Board of Works powers. (k) Permit Appeals. (1) An administrative appeal from any terms of an individual wastewater discharge permit issued under this Section shall be made pursuant to Section 17 -1(c) (d)of this Division, but the effectiveness of the individual wastewater discharge permit shall not be stayed pending the administrative appeal. (n) Individual Wastewater Discharge Permit Cessation, Revocation, Transfer, Reissuance. (4) The Director may revoke an individual wastewater discharge permit for good cause, which shall be subject to appeal under Section 17 -11 d of this Division, but the effectiveness of revocation shall not be stayed pending administrative appeal. Reasons for permit revocation by the Director include but are not limited to the following: 0 (p) General Standards for Reports (1) Analytical Requirements All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Director or other parties approved by EPA.The Director may require more sensitive analysis if reported pollutant concentrations are not sufficient to determine compliance with Pretreatment Standards or to determine if such Standards are necessary. (2) Sample Collection (w) Bypass b. Except as indicated in Sections 3 c and 4 d below, the User must collect samples using 24 -hour flow proportional composite sampling techniques unless time - proportional composite sampling or grab sampling is authorized by the Director. Where time - proportional composite sampling or grab sampling is authorized by the Director, the samples must be representative of the discharge Using Y ' � ' ' a appropriate preservation) on) speeified in 40 CFR Paft 136 and appropriate EPA guidanee, multiple grab samples eelleeted during a 24 hetir- period may be , total h 1 d sulfides the samples may 'tee c exited in the 1 1. field; eld; t olat,ile .1.. ...1 it and grease, the samples may be eemposited in the laberateff. Grab �bn mY� .. samples may be required to she.., n pl;awe -with histantaneous Imes. E (4) Bypass Prohibition (b) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in ..,,....,.faph 'a "'` of this Seetien 17 14- Subpart (a)(i) through (iii) above. SECTION III. Chapter 17, Article 2, Division 3, Section 17 -11, Subparts (a)(7), (c), (d)(1) and (d)(2) of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 17 -11. Administrative Enforcement Remedies, Costs, Fees, Director Reconsideration, User Appeals, Judicial Review. (a) Administrative Enforcement Remedies. (7) Termination of Discharge In addition to the provisions in Subsection (n)(4) "Revocation of Permits" of this Section 17 -10, any User who violates the following conditions is subject to discharge termination: (i) Violation of individual wastewater discharge permit conditions; (ii) Failure to accurately report the wastewater constituents and characteristics of its discharge; (iii) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; (iv) Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, or sampling; or r (v) Violation of the Pretreatment Standards in Section 17 -8 of this Article. Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under this Subssection 17 -1l(o) (a)(3) why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the User. (c) Administrative Fees -Fines (d) Director Reconsideration and User Administrative Appeals (1) Actions Subject to Director Reconsideration and/or Board of Works Appeal. Any User aggrieved by a final action delegated to the Director under: (a) Subsection 17- 10(a)(2) requiring a User to restrict the volume or point of discharge; (b) Subsection 17- 10(a)(3) requiring a User to install a storage or flow - control facility; (c) Subssection 17- 10(a)(2) denying a permit transfer; or (d) Subssection 17- 10(n)(4) revoking a permit. (e) This Section 17 -11, subsection (a), issuing any authorized Administrative Enforcement Remedy. (f) Subsection 17 -106) Wastewater Discharge Permit Issuance (Q) Section 17 -13 Supplemental Enforcement Action may request reconsideration by the Director within fifteen (15) days of such Director action, and the Director shall have thirty (30) days from receipt of request to make a decision related to reconsideration. If the Director fails to act within thirty (30) days from receipt of the request, or if the Director's reconsideration decision is unsatisfactory to the User requesting reconsideration, the User may appeal such decision to the Board of Public Works upon submission of a written petition for review filed with the Board of Public Works within seven (7) days after notification of the Director's decision, or if the Director fails to act, then the written petition for review shall be filed with the Board of Public Works thirty -five (35) days the date of request for Director reconsideration. (2) Filing Requirements and Procedure (b) A request for Director reconsideration and a petition for appeal shall be deemed timely filed if delivered in person to the Director's office in the case of a request for reconsideration or the Board's office in the case of petition for appeal, or � o '-�y eleetfenie transmission; or if sent by mail, it is post - marked on or before the fifteenth (15`h) day in the case of a request for Director reconsideration, or within seven (7) or thirty -five (35) days in case of a petition to the Board for appeal as described in above Subsection 17- 11(d)(1). SECTION IV. Chapter 17, Division 3, Section 17 -13 subparts (a) and (g) of the South Bend Municipal Code shall be amended to read as follows: Sec. 17 -13. Supplemental Enforcement Action (a) Penalties for Late Reports A penalty of two hundred fifty dollars ($250.00) may be assessed to any User for each day that a report required by this Division, a report required by a permit or order issued hereunder is late. A report that is incomplete may be considered to be a late report. Actions taken by the Director to collect late reporting penalties shall not limit the Director's authority to initiate other enforcement actions that may include penalties for late reporting violations. K (g) Administrative Appeal. Appeal of Director action under subparts (a) through (d) of this Section 17- 13 is subject to the terms of Section 17 -11(e) Hof this Division specifying Director reconsideration and/ or administrative appeal. Appeal of a termination of water service under subpart (e) of this Section shall be subject to judicial review under Section 17 -11(d) (e)of this Division. SECTION V. –This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk D(A9 —­�- baAAv Member of the Common C until , ..E I� zV, g ? , 9 pf��ta}a��$ �4tq am co� scaon on Ima 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 at o'clock, m. i st READING -�' I y —( 1 PUGLIC HEARING 3rd READ!twG NOT APPROVO R,EEERRM PASSA) W City Clerk day of 2 , Mayor, City of South Bend, Indiana Filed its Office � €'.ppx_�g'P� dJ txi41.. ,, tJ JOHN VOO 09 CITY CLERK, SOUTH SEND, IN CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS July. 7, 2014 Mr. Oliver Davis President, South Bend Common Council 0 Floor, County -City Building South Bend, IN 46601 Re: Ordinance Amendment to South Bend Municipal Code Chapter 17, Article 2, Division 3 Regarding the Industrial Pretreatment Program Dear President Davis: Earlier this year, the South Bend Common Council approved Resolution #4319 -14 that described the Council's intentions regarding adoption of revisions to Chapter 17 of the South Bend Municipal Code. The revisions are related to the requirement to operate an approved Industrial Pretreatment Program. As part of this requirement, the City of South Bend is required to develop and implement wastewater local limits for Significant Industrial Users. The City also has to determine that local limits are adequately protective of the Wastewater Treatment Plant and the St. Joseph River. An evaluation of local limits was completed, and after review by the US EPA it was determined that certain pollutant limitations required revision. The attached ordinance amendment to Chapter 17 includes these revisions. These revisions have also been subject to public comment for more than 30 days, and no objection has been received. In accordance with US EPA requirements, the amendment to Chapter 17 is attached for your review and approval. Either Al Greek or I will present this ordinance at the Council's Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely,. Eric Korvath" I Fled in a ; r•. -Sa. office Director of Publ c Wo — •• --- L U U .,s X014 E JOHN VO?C, 0E. CITYCLER:`(, SOUTH BFNaD, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2014 OF $125,000 FROM GENERAL FUND ( #101), $300,229 FROM MOTOR VEHICLE HIGHWAY FUND (#222),$30,000 FROM STUDEBAKER/OLIVER GRANT FUND ( #209), $2,000,000 FROM DEPARTMENT OF COMMUNITY INVESTMENT STATE GRANTS FUND (#210),$150,000 FROM GIFT, DONATION, BEQUEST FUND (#217),$1,000,000 FROM LOSS RECOVERY FUND (#227),$9,900 FROM MORRIS PAC/PALAIS ROYALE MARKETING FUND (#273),$885,084 FROM EMS CAPITAL FUND ( #288), AND $15,000 FROM POLICE FEDERAL DRUG ENFORCEMENT FUND ( #299). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2014 operating and capital budgets in 2013 (Ordinance #10264 -13, passed October 30, 2013) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2014 and set apart within the following designated funds for expenditures as follows: Fund General Fund ( #101) Motor Vehicle Highway Fund ( #202) Studebaker /Oliver Grant Fund ( #209) DCI State Grants Fund ( #210) Gift, Donation, Bequest Fund ( #217) Loss Recovery Fund ( #227) Morris/Palais Royale Marketing Fund ( #217) EMS Capital Fund ( #288) Police Federal Drug Enforcements Fund ( #299) TOTAL Amount $ 125,000 300,229 30,000 2,000,000 150,000 1,000,000 9,900 885,084 15,000 5 5 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Deputy Mayor. rrwcys�e,�., v i court w wlan ca a t S�> Member of the Common Counoff Attest: City Clerk Presented by me to the Deputy Mayor of the City of South Bend, Indiana, on the _ day of , 2014 at o'clock _ . m. Deputy City Clerk Approved and signed by me on the day of o'clock-. m. 1 st READING PUBLIC HEARING 3rd READING NOT APPROVGD REFERRED PASSED , 2014 at Deputy Mayor, City of South Bend, Indiana Filed 'rs n ` N Iffice JC?H ?t elOii`aD& ary CLERIC, SOUTH BEND, IN Filed in Clerk's �At;� JOHN vuo;DL CITY CLERK, SOUTH BEND, IN e R t I a N v C ' V 9 I' P al Ic � iN N O IO i�i o] UI sI N " =i I Id Iy NjN, I S! IE w's Iv Id E N�Io v; cl S �� EIv2loi e o N d ICI 3'pIZN N w Y. V ° � : c =rl _ I Ibi al �m�iv of ,4 ., Ie dl ol_ c @I a2 !'2 'xi Ic "c 1'91 IW In €f$I I dl > �9 el dh =� �� to CCIIE oldl m-pi -P ml almi$ �I I�yd °I 131 Iml �I i d w m e � axl E mlF;n im! IE E R� , �" El c'Ni E > @ o>i�vl "N ly ly' I I 'o h1 w qw 3 N] Iw !c U ° nl . nl 3v 1 Ic ° : I �> lom Nm N I INO o o. . 1 E'I 1 mK ho I R� LLS0I�'ii ,�I KN __ o f U 1IE E m N m II P � 'm r d O$ I ��i' Q ,O WO_¢ O P N0 I O O O 0 0 'm 0 O 0 0 O 13 O O O O O °a � I0 T p I O V •OCQ OpO Y O N O Olo O N O O 7 ly e N N N N U ° I' Im:�Oo N Mj� � m 1 � N T-I T� I T TI f I 1 I oE i T o o oe . � m �.Ned . l 1 I t °q I O�n� i 1 1 t I v' �o ' a � ° o q: _.I''.'IIfw w I � _ o O:��0�°mA �I. I I` i 1 a I', N � ��o IK1NFE6 i I �S d, mc I Imn I v ^ ° YoN J°°0 A1 i °0:� I1m o ° aN E � '1.�l1 m t o o4 o I II � �m r I � � ° ' I Q Z I�{C O°�pO Q0 1 o e O O , o ; o O 00 1 I O o0wN V N°o I� � 1 _ v !0 " zO 1 I �n � �b ! £ II IQ 1 ! 5O 1 EO �NpN Ii �" I ' dne i . 1 I l 12, m _ r N N 0 I':K N F IE'E I NrE l FNO NdW 0 Z I III11 � N 2 u U � 1 E f I� F Y 1 I IOy I y I I de'm ma mE l I l Ir I I , 2 �'I9 ' I E I i I y E C ! I q`I.'o I1r m I C . �U 2 ',I � I 00 i I.� OQ m OQb Qro- � I a y u I "' � O PEW W N -�IuLL l a m � IQI O B I II� QI PI9N 11ijIro�aLmaE9 _ ww w I.'�iI:iO I 'E 101 I I o N eIISlgl_el� mim'm N_ -MINI IE IE I� �I UI _OI ;E5 ' ,� °a� I= .3 lalaln.n N oio,olo, Ig a g �I d d IQI ! 1 °' rI jv'Im FA N I lal = w VIN Uld r ' > > IU y U IQI Id: � IR NN U la I 0 o oo 0 0'0 oIo 0 Iwi Ih ! IQI Fr; I� mi IN` w E EIE.E E E N W� f ".FBI W Filed in Clerk's �At;� JOHN vuo;DL CITY CLERK, SOUTH BEND, IN e R t I a 120ON COUNTY -CrrY BuiLDrNc 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIOIEO, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE July 9, 2014 Mr. Oliver Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4h Floor South Bend, Indiana 46601 RE: July 2014 Appropriation Ordinance – Civil City Funds Dear President Davis, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. For 2014, we plan to propose adjustments during three time periods — March, July and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for I" reading on July 14, 2014 with 2 °d reading, public hearing and 3rd reading scheduled for July 28, 2014. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards, TJH-:�Murphy oller CC: Pete Buttigieg, Mayor Mark Neal, Deputy Mayor Kathryn Roos, Chief of Staff Filed 1I4±w' office -9 2014 crry C LER k, u ddlx PEND, IN Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2014 OF $170,500 FROM SOLID WASTE OPERATIONS FUND (#610),$100,000 FROM SOLID WASTE CAPITAL FUND ( #611), $800,000 FROM PARKING GARAGES FUND ( #601), ($500,000) FROM 2014 SEWER BOND FUND ( #665), AND $286,863 FROM CENTURY CENTER CAPITAL FUND ( #671) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2014 operating and capital budgets in 2013 (Ordinance #10265 -13, passed October 30, 2013), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2014 and set apart within the following designated funds for operational expenses as follows: Fund Amount Solid Waste Operations Fund ( #610) $170,500 Solid Waste Capital Fund ( 4611) 100,000 Parking Garages Fund ( #601) 800,000 2014 Sewer Bond Fund ( #665) (500,000) Century Center Capital Fund ( #671) 286.863 TOTAL $857,363 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Deputy Mayor. Attest: City Clerk Member of the Common Couj6iI //�����..��,d.�;� ,,i��ri��p.r°�{{��.,,,��s�r�;tT this li' ""te"i�4 uvd baud Gtbi n One this l� ue, Presented by me to the Deputy Mayor of the City of South Bend, Indiana, on the day of , 2014, at o'clock . m. Approved and signed by me on the o'clock . m. 1 st READING -1— t y —t l PUBLIC HEARING 3rd READING NOT APPROY)ED REFERRED PASSED Deputy City Clerk day of , 2014, at Deputy Mayor, City of South Bend, Indiana Filed in icy F J� Q ol14 i CITY CLERK, 1au":,t r; rSEWD, IN File �°°-- J(il '9 2044 J� y Ft m a _I !U. o I o ° a v U Z U 4 m !q y 2lm ally °m d C E Id 6 oW o� If d d'd 2� 2ppN omNN f 1 12 C d yPW / W N I .L `d 10 C� I Q ° cN c wLa it W m wRy q AR°n d d E �4 ! I° IO _W I_ ' J ' i I _Nm - d o OOI°o °ov�c e � e a x m m c° : i m � ! °L m �NO u n - .rm _ RN T `'•y 'r °c m o o E " �O I I I I� d z I I � yC o1o'o!o �,$ :h N ml�.tb m!.� m IN IQ1'nl'�''el al a FI ! U m o f Y 61 IT! . it IQ v 1,61 la Q° ifo L,m! ml m m imlm m N. I m j� I I, IN W i C Q? > d IZZZZZ= d did W° LLVI U U! !� °' � U U UIUIUIU i °III c1 °, I I I Z c !o d U m I ! I I !g Ioae a .ail I j, m z I°iI m 1131 °I °alsl�i� dI 1 A I q5 a IO! M Dl ¢mw m m l q -gym° ! 131 13' �aaaalala ! Iv: Io°I! File �°°-- J(il '9 2044 J� y Ft m a 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BFND, INDIANA 46601 -1830 PHONE 574.235.9216 FAx 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE July 9, 2014 Mr. Oliver Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4d' Floor South Bend, Indiana 46601 RE: July 2014 Appropriation Ordinance – Enterprise Funds Dear President Davis, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. For 2014, we plan to propose adjustments during three time periods — March, July and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for I" reading on July 14, 2014 with 2nd reading, public hearing and 3`d reading scheduled for July 28, 2014. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards, J \a, J H. Murphy by City Controller CC: Pete Buttigieg, Mayor Mark Neal, Deputy Mayor Kathryn Roos, Chief of Staff go Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenbull, Deputy City Controller Filed i Ty Office 9 2014] CITY CLEF,"'%: SEND, IN (&�v 0a 3Q —) I ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF TAE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2014 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #10264 -13 and #10265 -13 passed on October 30, 2013) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2014. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Deputy Mayor. Attest: City Clerk —� `fit I st R?ADING � I >UBL!C HEARING 3 rd READING NOT APPROVID REFERRER PASSED o Member of the Common Co ncil Stft oli'its No r, oi ga pinoft an OPP00+n k for Pub "e fiez&q OW Corm i dm Ofl this {am, Presented by me to the Deputy Mayor of the City of South Bend, Indiana, on the _ day of 2014, at o'clock . m. 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SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAx 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE July 9, 2014 Mr. Oliver Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: July 2014 Budget Transfer Ordinance Dear President Davis, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. For 2014, we plan to propose adjustments during three time periods — March, July and December. Based on our budget review, we are submitting the enclosed ordinance for transfers between various departments and cost categories within the same funds for your consideration. No additional appropriation is requested in this ordinance. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for l' reading on July 14, 2014 with 2nd reading, public hearing and 3`d reading scheduled for July 28, 2014. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards, J4i H. Murphy City Controller mu CC: Pete Buttigieg, Mayor Mark Neal, Deputy Mayor Kathryn Roos, Chief of Staff Brian Pawlowski, Deputy Chief of Staff Cristal Brisco, Corporation Counsel Aladean DeRose, City Attorney Jennifer Hockenhull, Deputy City Controller Filec9 in efface 3y i Cf(Y CLER , 2, 1si tt 8 E6Yb, Fid ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUSPENDING ENFORCEMENT OF CHAPTER 4, ARTICLE 4, SECTION 4 -21 OF THE SOUTH BEND MUNICIPAL CODE PENDING FURTHER STUDY AND REVIEW STATEMENT OF PURPOSE AND INTENT On December 9, 2013 the South Bend Common Council passed Ordinance No. 10274 -13 which amended Chapter 4, Article 4 of the South Bend Municipal Code to add a new Section 4- 21 regulating busking, which is the performance of entertainment by individuals on public sidewalks. Ordinance No. 10274 -13 was "designed to be a pilot program" with formal "review by the South Bend Common Council and the City Administration no later than August 1, 2014." It is appropriate that the Council and City Administration undertake full and complete review of Ordinance No. 10274 -13 to determine its efficacy, its scope, and its terms and conditions in light of its status as a pilot program. Such review is expected to take several months, during which time it is appropriate that enforcement of the Ordinance cease. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 4, Article 4, Section 4 -21 of the South Bend Municipal Code shall be committed to review and study by the Common Council and by the City Administration which shall provide a report to the Council by December 31, 2014. Section II. Until further action is taken or written directive is issued by the Council, the City's enforcement of Chapter 4, Article 4, Section 4 -21 shall cease indefinitely. Section III. This Ordinance shall be in full force and effect upon adoption by the Council and approval by the Mayor. 0U�-7 60". I �i Member, South Bend Common uncil Attest: City Clerk of Presented by me to the Mayor of the City of South Bend, Indiana on the 2, at o'clock _. M. Approved and signed by me on the o'clock . M. 1 st READING —1 "t "(--1 / PUaLIC HEARING 3 rd READ14G NOT APPROVED RLFERRED PASSED City Clerk day of day 2 , at Filed In Cler s- Office CITY CLEFtY, Solt, H SEND, IN 227 W. JEFFERSON BOULF.VARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE B=GIEC, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR - July 9, 2014 Mr. Oliver Davis President, South Bend Common Council 41h Floor, County -City Building South Bend, IN 46601 PHONE: 574/235 -9371 FAX: 574/235 -9021 Re: A Bill For Further Study of Busker Ordinance and to Suspend Its Enforcement Dear President Davis: On December 9, 2013 the South Bend Common Council passed Ordinance No. 10274 -13 which amended Chapter 4, Article 4, by adding a new Section 4 -21. This new Section licensed and regulated "busking" which is the performance of entertainment by individuals on public sidewalks. The Statement of Purpose and Intent of Ordinance No. 10274 -13 designated it as a "pilot program" for which review by the Common Council and City Administration was to take place by August 1, 2014. The attached Ordinance directs that Municipal Code Chapter 4, Article 4, Section 4 -21 be reviewed and studied for efficacy, scope, terms and conditions, and that pending further action by the Council, enforcement of the ordinance be suspended. The Ordinance provides for a Report to Council by December 31, 2014. I will present this Ordinance to the South Bend Common Council at its formal meeting and at its appropriate Committee meeting which is anticipated to take place July 28, 2014. An attorney from the City's Department of Law may be present to answer any legal questions you may have. Thank you for your consideration of this matter. Filed in Clerk's Off c; JUL 09 [014 CITY CLEkh, a&I ii FEND, IN Sincerely, Michelle Adams, Licensing Director ASSISTANT EXECUTNE DIRECTOR PIANNING N EIGHBORHOOD ENGAGEMENT ECONOMIC RFSOURCES CHRIS FIES.DING JmN KeN PAMELA C. MEYER BROCKZEEB