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06-08-15 Agenda, Packet & Committee Meeting Notice
OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK June 4, 2015 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for 2015. in the Council Informal Meetina Room. 41" Floor Countv -City Buildin 4:15 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 15 -33 — Des. Tax Abatement — Tampico Developments — Crescent Oaks, Section Three - 5 year Residential 4:25 P.M. HEALTH & PUBLIC SAFETY DEREK DIETER, CHAIRPERSON 1. Bill No. 22 -15 - Amend Chapter 19 of the SBMC Addressing Tall Grass, Weeds, Noxious Weeds and Rank or Overgrown Vegetation 2. Bill No. 15 -35 - A Resolution Recommending that a Tall GrasslWeed Abatement Pilot Program Focusing on Providing Local Youth with Working Opportunities for the Summer of 2015 5:10 P.M. PUBLIC WORKS & PROPERTY VACATION VALERIE SCHEY, CHAIRPERSON 1. Discussion on parking problems on Taylor St. across from Four Winds Stadium — Eric Horvath 5:20 P.M. RESIDENTIAL NEIGHBORHOOD KAREN L. WHITE, CHAIRPERSON 1. Discussion on Demolition of Vacant Homes 455 County-City Building - 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574- 235 -9221 • Fax 574- 235 -9173 • TDD 574- 235 -5567 • w .SouthBendIN.gov KAREEMAH FOWLER JANICETALBOOM EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Residential Neighborhood Committee. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List News Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS: Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. n f_PMTI n SOUTH BEND COMMON COUNCIL MEETING MONDAY, JUNE 8, 2015 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB- COMMITTEE ON MINUTES S. SPECIAL BUSINESS 15 -42 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING AND PUBLICLY HONORING BONNIE STRYCKER FOR HER CLOSE TO 40 YEARS OF DEDICATED SERVICE AT THE YOUTH SERVICE BUREAU AND FOR HAVING AN ENDURING AND VERY POSITIVE IMPACT OF THOUSANDS OF YOUTH IN OUR COMMUNITY 15 -43 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THANKING ALL MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT, THE SOUTH BEND FIRE DEPARTMENT, ALL MEDICAL NURSES, DOCTORS AND STAFF, AND THE COUNTLESS VOLUNTEERS WHO MADE SOUTH BEND 150 AND THE GUS MACKER 3 -3 BASKETBALL TOURNAMENT SUCH A SUCCESS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: PTT.T. TTO 22 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AND AMENDING CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE IN ITS ENTIRETY ADDRESSING ABATEMENT REGULATIONS ADDRESSING TALL GRASS, WEEDS, NOXIOUS WEEDS AND RANK OR OVERGROWN VEGETATION AND FURTHER AMENDING SECTION 16 -61 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PENALTIES 8. BILLS, THIRD READING RTT,T. Nn _ TIME: 22 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AND AMENDING CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE IN ITS ENTIRETY ADDRESSING ABATEMENT REGULATIONS ADDRESSING TALL GRASS, WEEDS, NOXIOUS WEEDS AND RANK OR OVERGROWN VEGETATION AND FURTHER AMENDING SECTION 16 -61 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PENALTIES 9. RESOLUTIONS BILL NO. 15 -33 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS, SECTION THREE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 15 -35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT A TALL GRASS /WEED ABATEMENT PILOT PROGRAM FOCUSING ON PROVIDING YOUTH WITH WORKING OPPORTUNITIES AND LIFE SKILLS TRAINING AND DEVELOPMENT BE IMPLEMENTED FOR THE SUMMER OF 2015 10. BILLS, FIRST READING RTT,T. WO _ 28 -15 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 742 EAST IRELAND ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 29 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, AS A MENDED, BY REPEALING AND REPLACING ARTICLE 5, PLANNED UNIT DEVELOPMENT DISTRICTS 30 -15 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 2015 OF $200,000 FROM LOCAL ROAD & STREETS FUND ( #251), $800 FROM PROFESSIONAL SPORTS DEVELOPMENT FUND ( #377) AND $316,091 FROM CEDIT FUND ( #408) 31 -15 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 2015 OF $14,500 FROM WATERWORKS BOND RESERVE FUND ( #626) AND $297,000 FROM CENTURY CENTER FUND ( #671) 32 -15 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 2015 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 1 3.0 • ; Uu 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. Substitute Bill No. 22 -15 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AND AMENDING CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE IN ITS ENTIRETY ADDRESSING ABATEMENT REGULATIONS ADDRESSING TALL GRASS, WEEDS, NOXIOUS WEEDS AND RANK OR OVERGROWN VEGETATION AND FURTHER AMENDING SECTION 16 -61 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PENALTIES STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the Indiana Code 36 -7 -10.1 authorizes municipalities in Indiana to address the regulation of weeds and rank vegetation by proper ordinance. The City's current regulations codified in § 19 -32 through §19-35 of the South Bend Municipal Code addressing "weeds and noxious growths" were passed prior to 1962, and those height restrictions are in conflict with the height limitations set forth in the nuisance regulations codified as § 16 -58 of the South Bend Municipal Code, which were passed in 1994. In 2013, the Indiana General Assembly enacted Public Law 203 -2013 authorizing a continuous abatement notice procedure which is codified as Indiana Code § 36- 7- 10.1 -3, which has resulted in more efficient and timely enforcement against repeat violators. Last year, the Indiana Court of Appeals upheld the City of Bloomington, Indiana's ordinance which established the maximum height for grass and weeds to be eight inches (8 "). The Court of Appeals further ruled that there were no constitutional violations; holding that the ordinance did not violate a person's freedom of expression under the United States and Indiana Constitutions, nor did it violate freedom of conscience under the Indiana Constitution, (See: Alexander Gal v. City of Bloomington, 2014 WL 7243326 (Ind. Ap. 12/22/2014). Regulations in this area are based on safeguarding public health by decreasing allergies and noxious odors; are based on public safety by seeing that proper sight distances for the vehicular and pedestrian traffic; and are based on aesthetic concerns related to real estate property values and protecting neighborhood stability and sustainability. The City of South Bend believes that a nine inch (9 ") maximum height requirement is reasonable for the entire city, and would be consistent with the current regulations addressing vacant lots addressed in South Bend Municipal Code, § 16 -58. By way of comparison, examples of Indiana communities have ordinances which established maximum heights are as follows: Bloomington 8" Fort Wayne 9" Marion 9" Carmel 6" Goshen 6" Michigan City 6" Elkhart 8" Hammond 6" Mishawaka 9" Evansville 9" Lafayette 10" Ordinance on Tall Grass, Weeds, Etc. Page 2 This ordinance permits native grasses and planting for ecological restoration and to further natural landscaping subject to existing setback regulations and safety considerations. The Common Council recognizes that there are private and public benefits resulting from the maintenance of properties, and that well maintained properties enhance the vibrancy of the neighborhoods and the overall welfare of the City. The Common Council, in collaboration with the City Administration, believe that the following ordinance is in the best interest of preserving and protecting the public health, safety and welfare of the City of South Bend, Indiana. /er�err./3,%i �rr /ulirer /� //n rj��unr�re �irrorci /r� //c C "e% /�rrd /rrit� /, .r /iadru. �i� / /�ra6: Section I. Chapter 19, Article 2, Section 19 -32 through Section 19 -35 of the South Bend Municipal Code is amended to read in its entirety as follows: ARTICLE 2. ABATEMENT REGULATIONS ADDRESSING TALL GRASS WEEDS, NOXIOUS WEEDS, AND RANK OR OVERGROWN VEGETATION See. 19 -32 Definitions. For purposes of this Article, the following definitions shall apply' (a) City shall mean the City of South Bend. Indiana. (b) Enforcement Authority shall mean the Department of Code Enforcement (c) Hydrophytic vegetation are plants living in wetlands governed by the federal Clean Water Act. t (d) Natural landscaping vegetation shall mean native or beneficial landscaping vegetation which helps balance the needs and sense of beauty with those of nature by protecting existing natural areas, reduces the use of pesticides, practices soil and water conservation reduces the use of power landscape equipment, and helps reduce heating/cooling needs Natural landscaping vegetation requires the property owner to have a current wildlife habitat certification which must be shown and presented to the City's Enforcement Authority, in the event that the propert y becomes subiect to a complaint or inspection? 'The website of the Indiana Department of Environmental Management (IDEM) www.wetlands.IN.gov sets forth the governing regulations consistent with the federal Clean Water Act. 'The U.S. Environmental Protection Agency, Region 5 which includes Indiana, Illinois, Michigan, Minnesota, Ohio and Wisconsin has published a "Natural Landscaping Resource List ", and has published articles on "Beneficial Landscaping" copies of which are on file in the Office of the City Clerk. Some examples of natural landscaping include native plants and vegetation, prairie wildflowers, ornamental grasses, and native woodlands. Wildlife Habitat Certification which is required by this ordinance has information available at http: / /www.indianawildlife.ora habitat - programs /wilfd life - friendly- certification -pro rg am/. The City shall maintain a link to such information on their website. Ordinance on Tall Grass, Weeds, Etc. Page 3 (e) Noxious weeds shall have the definition set forth in Indiana Code & 15- 16 -7 -2.3 (f) Owner shall mean the owner of record listed in the records of the St Joseph County Recorder's Office. (g) Rain Garden shall mean a type of natural landscaping vegetation which are shallow, vegetated basins which collect and absorb runoff from rooftops sidewalks and streets.' (h) Rank vegetation shall mean vegetation and plant growth not exempted under Indiana Code & 36 -7- 10.1 -3.5 (i) Sustainable landscaping includes vegetation which is carefully selected to avoid the use of invasive species which are in balance with the local climate and requires minimal use of fertilizers, pesticides, and water which are functional visually pleasing and environmentally friendly. 0) Vegetation shall mean all plants trees shrubs and weeds (k) Vegetation management tools include but not are limited to mowing trimming and using herbicides.6 (1) Weeds shall have the definition set forth in Indiana Code & 15- 16 -4 -40 6 7 ' Indiana Code § 15- 16 -7 -2 lists Canada thistle, Johnson grass, Columbus grass, Bur cucumber, and Shattercane as noxious weeds. Indiana Code § 15- 16 -7 -14 states that the Purdue University cooperative extension service is to provide technical assistance to any weed control board in order to control and contain the growth and spread of noxious weeds. ° The Environmental Protections Agency (EPA) also refers to rain gardens as "bioretention or bioinfiltration cells [which] mimic natural gydrology by infiltrating and evaportranspiring runoff. Rain gardens are versatile features that can be installed in almost any unpaved space ", EPA publication "What is Green Infrastructure ? ", June 13, 2014. ' Indiana Code § 36- 7- 10.1 -3 provides that "weeds and other rank vegetation does not include agricultural crops, such as hay and pasture ". 6 The Indiana Department of Transportation (INDOT) has categorized "vegetation Management tools" as mechanical, manual, chemical, biological or cultural' with mowing being the most common form and best for weed control, Joint Transportation Research Program — Indiana Department of Transportation and Purdue University Integrated Vegetation management (IVW) for INDOT Roadsides, March 2014, p.1. 'Indiana Code § 15- 16 -4 -40 defines "weed" as "any plant that grows where the plant is not wanted Ordinance on Tall Grass, Weeds, Etc. Page 4 Sec. 19 -33 Maintenance and Landscape Regulations; Excessive Growth Prohibited (a) The owners of real estate located in the city shall use vegetation management and sustainable landscaping tools on the real estate's vegetation so that they are in compliance with this Article, and do not become a public nuisance. (b) It is unlawful for the owner of real estate in the city to allow his or her real estate to become overgrown with weeds, grass noxious weeds rank vegetation or other vegetation in excess of the height of nine inches (9 ") or to such extent that the growth is detrimental to the public health and constitutes a public nuisance. It is unlawful for the owner of real estate in the city to allow any sidewalk or alley abutting such real estate to become overgrown with vegetation (c) In light of the self - sustaining nature of natural landscaping vegetation hydrophhytic vegetation and their ecological benefits they are exempt from the nine inch (9 height requirement upon the property owner having a current wildlife habitat certification which must be shown and presented to the City's Enforcement Authority. However, if such natural landscaping vegetation and/or hydrophytic vegetation negatively impacts the visibility requirements needed for sight distance related to pedestrian and/or vehicular traffic they must be corrected in order to address such public safety concerns as directed by the Enforcement Authority_ In those circumstances public safety requires appropriate maintenance and vegetation management. Natural landscaping vegetation and /or hvdrophytic vegetation may be located no closer than one -half (1/2) of the setback distance requirements of a front vard See. 19 -34 Consequences of Failure to Comply and Continuous Enforcement. (a) Any owner of real estate located in the city who fails to comply with the provisions of this Article shall be subiect to the enforcement procedures set forth in Section 16 -59 of the South Bend Municipal Code. (b) A continuous abatement notice will serve as notice to the owner that each subsequent violation during the same calendar year in which the initial notice of violation was provided may be abated by the city without further notice. Such notice shall comply with Indiana Code & 36 -7- 10.1-3. Sec. 19 -35 Penalties. (a) Any person found in violation of a provision of this Article shall be fined the sum of Three hundred fifty dollars ($350.00) per violation. Each day after the expiration date of any time limit ordered by the Board of Public Works or its designee for abating a nuisance condition shall constitute a distinct and separate offense Any person found in violation of a provision of this Article whose property becomes listed as a continuous enforcement property shall be fined the sum of five hundred dollars ($500.00) per violation in that first calendar year of being listed Ordinance on Tall Grass, Weeds, Etc. Page 5 Thereafter, each violation shall be fined and assessed administrative fees related to costs incurred by the city for inspections, abatement and administration and a penalty which shall be as follows: Fine Per Violation Continuous Enforcement Fee for Administrative Expenses 2 "a year $750.00 $400.00 3rd year $1,000.00 $450.00 4'h year and thereafter $1.500.00 $500.00 bS) This section supplements and does not limit any other remedy or action available in law or in equity being pursued by the Department of Law. See. 19--11 Mleeds; Height -Restc etions. See 19 34 Fa ff re to 'P lJ ith N n bli N e. �y � _ NOW _ , See 19 34 Fa ff re to 'P lJ ith N n bli N e. �y � _ _ , Ordinance on Tall Grass, Weeds, Etc. Page 6 Section II. Chapter 16, Article 8, Section 16 -61 of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 16 -61. Penalties and Administrative Fees. (a) Except as otherwise provided, any person violating a provision of this chapter shall be deemed guilty of an offense and fined not less than fifty dollars ($50.00) for a first offense, not less than one hundred dollars ($100.00) for a second offense and not less than two hundred dollars ($200.00) for all subsequent offenses, but no fine for any individual offense shall exceed twenty - five hundred dollars ($2,500.00) Each day after the expiration date of the time limit ordered by the Board of Public Works or its designee for abating a nuisance condition under this chapter shall constitute a distinct and separate offense. bf) Any person found in violation of the mowing reeulations set forth in Section 16 -58 shall be fined the sum of Three hundred fifty dollars ($350.00) per violation. Each day after the expiration date of any time limit ordered by the Board of Public Works or its designee for abating a nuisance condition shall constitute a distinct and separate offense. Any person found in violation of a_provision of this Article whose property becomes listed as a continuous enforcement propert y shall be fined the sum of five hundred dollars ($500.00) per violation in that first calendar year of being listed. Thereafter, each violation shall be fined and assessed administrative fees related to costs incurred by the city for inspections, abatement and administration and a penalty which shall be as follows Fine Per Violation Continuous Enforcement Fee for Administrative Expenses 2 "d year $750.00 $400.00 3`d year $1,000.00 $450.00 4d' year and thereafter $1,500.00 $500.00 (c) This section supplements and does not limit any other remedy or action available in law or in equity being pursued by the Department of Law. ... Section II. Chapter 16, Article 8, Section 16 -61 of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 16 -61. Penalties and Administrative Fees. (a) Except as otherwise provided, any person violating a provision of this chapter shall be deemed guilty of an offense and fined not less than fifty dollars ($50.00) for a first offense, not less than one hundred dollars ($100.00) for a second offense and not less than two hundred dollars ($200.00) for all subsequent offenses, but no fine for any individual offense shall exceed twenty - five hundred dollars ($2,500.00) Each day after the expiration date of the time limit ordered by the Board of Public Works or its designee for abating a nuisance condition under this chapter shall constitute a distinct and separate offense. bf) Any person found in violation of the mowing reeulations set forth in Section 16 -58 shall be fined the sum of Three hundred fifty dollars ($350.00) per violation. Each day after the expiration date of any time limit ordered by the Board of Public Works or its designee for abating a nuisance condition shall constitute a distinct and separate offense. Any person found in violation of a_provision of this Article whose property becomes listed as a continuous enforcement propert y shall be fined the sum of five hundred dollars ($500.00) per violation in that first calendar year of being listed. Thereafter, each violation shall be fined and assessed administrative fees related to costs incurred by the city for inspections, abatement and administration and a penalty which shall be as follows Fine Per Violation Continuous Enforcement Fee for Administrative Expenses 2 "d year $750.00 $400.00 3`d year $1,000.00 $450.00 4d' year and thereafter $1,500.00 $500.00 (c) This section supplements and does not limit any other remedy or action available in law or in equity being pursued by the Department of Law. Ordinance on Tall Grass, Weeds, Etc. Page 7 Section III. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section IV. This ordinance shall be in full - force and--effect from and after its passage by the Common Council, approval by the Mayor, a d legal publicatia . Tim Scott, I" District Council Member Karen L. White, Council Member at Large Dr. Fred Ferlic, 4" District Council Member John Voorde, City Clerk ff—o :,ie /by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2015, at o'clock . m. Janice Talboom, Deputy Clerk me on the day of 2015, at _ o'clock _.m. to the Mayor of the City of South Bend, Indiana. Pete Buttigieg, Mayor 1d R94DM q_L1 -{r PUBLIC HEARING 3rd READING NOT APPROVIO REFERRED PASSED Filed In IPrk'$ Office i Al °'2 2016 JOHN VOO9A0k CITY CLERK, SOUTH BEND, IN C: 1� Common Council City of South Bend Indiana Tim Scott, Council President 4'h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -5980 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD April 20, 2015 Members of the Common Council 4°i Floor County -City Building South Bend, Indiana 46601 Re: Ordinance Updating the City's Tall Grass, Weeds, Noxious, Rank or Overgrown Vegetation Regulations Dear Council Members: For the past several months we have been talking with members of the public and the City Administration regarding the need to update our current regulations addressing tall grass and other overgrown vegetation. Some of the City's regulations in this area have not been updated since before 1962 which address a 12" maximum, while other City regulations have a 9" maximum. Our review of several communities throughout Indiana, which have updated their regulations in this area, established heights which range from 6" to 9" for the maximums allowed. We believe that the property owner, who fails to comply with reasonable regulations in this area, should bear the cost of compliance, rather than the City taxpayers. The attached ordinance would do several things, such as: • Update all regulations on this topic in the South Bend City Code • Establish a consistent maximum height of 9" for such types of growth throughout the City • Incorporate a program, similar to the one in City of Indianapolis, where the costs for properties which are subject to continuous enforcement, would be assessed a fee amount to help cover the costs of city inspections, abatement and administration, plus a fine • Incorporates recommendations from the Environmental Protection Agency (EPA) publications which recommend the use of natural landscaping regulations to help protect the beauty of natural areas while helping to reduce the use of pesticides, reduce the use of power landscape equipment and promote soil, water conservation and sustainability Cover Letter for the Proposed Ordinance Updating the City's Tall Grass, Weeds, Noxious, Rank or Overgrown Vegetation Regulations April 20, 2015 Page 2 • Encourage the use of native Indiana plants which require less fertilizer, fewer pesticides, and less water and help prevent the spread of invasive plants and certification of qualifying wildlife gardens, and EPA recommended rain gardens We are also exploring a possible pilot program which would seek greater collaboration with non- profit corporations who deal with youth in developing youth training, leadership skills and employment opportunities. A separate Resolution will be filed which sets forth more details on such a pilot program being proposed and developed, which would be heard at the same Common Council meeting as the attached proposed ordinance. We are also working and collaborating with the City Administration to assure that the entire process is made available for all qualifying individuals. We recommend that the proposed ordinance be referred to the Council's Health and Public Safety Committee for review and recommendation. We look forward to sharing additional information with you on this topic which unfortunately affects the quality of life in too many areas of our great City. Thank you. Tim Scott; 151 District Council Member Council President South Bend Common Council Karen L. White, Council Member at Large Community Relations Committee Chairperson South Bend Common Council Attachments EMAY Z 0 _ !! 5 JOHN VOORDS CITY CLERK, SOUTH SEND, IN � 1 �,iI �j 1-- 33 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS, SECTION THREE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Tampico Developments, LLC WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as Crescent Oaks, Section Three, South Bend, Indiana, and which is more particularly described as follows: A PARCEL OF LAND BEING A PART OF PARENT PART OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PENN TOWNSHIP, INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 °16'29" EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1,988.74 FEET TO THE SOUTHWEST CORNER OF CRESCENT OAKS SECTION IA, A REPLAT OF CRESCENT OAKS SECTION 1, AS RECORDED AS INSTRUMENT NUMBER 0839817 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 °51'58" EAST ALONG THE SOUTH LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 706.23 FEET TO THE SOUTHEAST CORNER OF CRESCENT OAKS SECTION IA; THENCE NORTH 00°31'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 134.72 FEET; THENCE SOUTH 89 °28'59" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 10.93 FEET; THENCE NORTH 00 °31'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 188.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°31'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION I A, 178.50 FEET; THENCE NORTH 89 028'59" EAST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, 9.51 FEET; THENCE NORTH 00 °31'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1 A, 123.07 TO THE NORTHEAST CORNER OF CRESCENT OAKS SECTION IA:, THENCE NORTH 89 °53'49" EAST, 168.00 FEET; THENCE NORTH 00 °16'57" WEST, 125.00 FEET; THENCE NORTH 89 °53'49" EAST, 232.00 FEET; THENCE SOUTH 85 049'33" EAST, 202.76 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 2,235.00 FEET, BEING SUBTENDED BY A CHORD OF 158.62 FEET, BEARING SOUTH 13044'17" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 158.65 FEET; THENCE SOUTH 82 °47'05" EAST,136.53 FEET; THENCE SOUTH 88 033'39" EAST 22.41 FEET; THENCE SOUTH 00 °08'02" EAST, 105.24 FEET; THENCE NORTH 89 °51'58" EAST 19.71 FEET THENCE SOUTH 00 008'02" EAST, 159.73 FEET; THENCE SOUTH 89 °51'58" WEST, 71.02 FEET TO THE NORTHEAST CORNER OF CRESCENT OAKS SECTION TWO AS RECORDED AS INSTRUMENT NUMBER 1210614 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 83 032'59" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO,73.42 FEET; THENCE SOUTH 89 °51'58" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 76.58 FEET; THENCE NORTH 79 046'57" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 60.00 FEET; THENCE NORTH 100 13'03" EAST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO 1.91 FEET; THENCE NORTH 89 °33'02" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 469.66 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 6.23 ACRES, MORE OR LESS. Subject to any easement, covenants, restriction, and right way of record. be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the 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 a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et M., and South Bend Municipal Code Sections 2 -76, gt 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 a Residentially Distressed 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 meet the requirements of Indiana Code 6 -1.1- 12.1 et se q., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: L the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is 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 VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana 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 IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council (A aft to Imarivto Faft SR OPP YL I "u pu F'- Zdm end Cound alt Ol t1b WA- Nat' AAVO p AD09TO Filed MAY TQ15 JOHN VOOROE CITY CLERK, SOUTH BEND, IN 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 June 3, 2015 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT 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: First Substitute Filing Residential Real Property Tax Abatement Petition for: Tampico Developments. LLC Dear Council Member Ferlic: PHONE: 574/235 -9371 FAx:574/235 -9021 An amended first substitution filing was made regarding the residential real property tax abatement petition for Tampico Developments, LLC. The following information was amended from the original filing: ➢ Petition for Incentives — Proposed project information changed from 20 homes to 26 homes ➢ Petition for Incentives — New building construction costs revised to account for change from 20 homes to 26 homes ➢ Statement of Benefits SB- 1/Real Property — Section 2, changed from 20 homes to 26 homes ➢ Statement of Benefits SB- I/Real Property — Section 4, cost values revised to account for change from 20 homes to 26 homes Should you or any of the other Council members have any questions or n d additional information, please feel free to call me at 235 -9339. �� 1 Sincerely, �� Flled Brock Zeeb d Director Economic Resources ,relekq?�.In_1N Attachments G�TV cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAM PAMELA C. MEYER CHRIS FIELDING BROCKZEEB 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 June 3, 2015 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT 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 PHONE: 574/235 -9371 FAX: 574/235 -9021 RE: Residential Real Property Tax Abatement Petition for: Tampico Developments, LLC Dear Council Member Ferlic: Please find the attached information pertaining to a residential real property tax abatement petition submitted by Tampico Developments, LLC to build 26 single - family homes as part of the Crescent Oaks housing community. This current petition includes section three of the Crescent Oaks neighborhood: ➢ Department of Community Investment's summary report ➢ Copy of the petition ➢ Statement of Benefits form ➢ Supporting information. The report contains the Department's findings relative to the above petition. The petitioner proposes to build 26 single- family homes with an approximate assessed value of $68,500 per home. The project meets the qualifications for a (5) five -year residential property tax abatement and a representative from Tampico Developments, LLC will be available to meet with the Committee on Monday, June 8, 2015. 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, -6 2�,L- Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER CHRIS FIELDING BROCKZEEB TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BROCK ZEEB SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: Tampico Developments, LLC DATE: June 3, 2015 On Friday, April 24, 2015, a petition from Tampico Developments, LLC was received and subsequently filed with the City Clerk for residential real property tax abatement consideration for 26 single - family homes in Crescent Oaks, Section Three. 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 (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY ➢ (26) Twenty Six single- family homes at an approximate assessed value of $68,500/home, $1,781,000 total ➢ Homes will range from 1400 -1800 sq R, on average, 3 bedrooms, basement ➢ New total project taxes during five year abatement period — $246,532 ➢ Estimated taxes being abated during five year abatement period — $213,236 ➢ Total taxes to be paid during five year abatement period — $33,296 ABATEMENT QUALIFICATION A review of the tax abatements previously granted, finds that the petitioner has been granted or is associated with previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the properties are not located in a Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year residential property tax abatement under section 2 -77.1, Single Family Residential Construction. PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAN PAMELA C. MEYER CHRIS FIELDING BROCK ZEEB City o 'S ©u& Read 1 ;�,��rb,�\ �` / r- 9eNtlobmust Uic7udem: $Y�- 9p�,bk�iAeXdSyC�ErkaOJ/la oronNne vk file ?cdtys:welisltenK <r I _. �7�T�'�4_ sako�ementbeyolmP !oceu'MO:avn�iet%1tMkte �_�_�_s _) General Information Project Name Crescent Oaks, Section 3 M ! T-10 ° Tampico Developments, LLC Proposed Project Information Crescent Oaks, Section Three South Bend, IN 46614 Ii] owner, =_' Tam ico Develo menu, LLC F+ P P .tom t -tamp 3IJg " Sbdac yea ;aisyu rsd +/ -6.7 Acres uttlfeges ' WM iii"ror ',. 7- �.., -`".� ._.. 26 new homes�c;; Primary Contact information sc - �.,, `y?? •• Dennis Schwartz '4, =r'. Sole Member Sys ` ;:yy xa 737 River Pointe Place t -% 574- 255 -1503 - - Mishawaka, IN 46544 lVan vt: dschw1940@aoi.com Senior Official Informalion IM-3- Consultant Information/Agent Abonmarche Consultants „3- ..� V 750 Lincoln Way East 16y1- - , _- pLRe•° -`bnasness@abonmarche.com N 's� = South Bend, IN 46601 A -� ' ,• .s _ .-. 'LY.rL ..-ry _ UNIX Project Overview 8 jyf h z„,Y? �'�'!?h• Crescent Oaks, Section Three, is a proposed single -fatuity residential development containing 26 lots on approximately 6.7 p!9peeh', sneaaarpfbr .., acres. These lots will be serviced by city sheets and utilities. Homes on average will range from 1,400 -1,800 SF, contain eoon '" 3 bedrooms, and have basements. ,�Jnh,{rp�h �- - Similar to Sections One and Two that have received tax abatements, the developer would like to receive a similar - - . abatement for Section Three to help market and attract prospective residents to the development which M turn will Increase -. the City's population and tax base. 1 N � _ .zn 26 Single Family Homes '11dA 6n9or -_" xw*m- t•menf:.liu'. . - - - rSfaNfH CITY OF SOUTH BEND, INDIANA REQUIREMENTS FOR ALL PETITIONS SEEKING SINGLE - FAMILY RESIDENTIAL DEVELOPMENT REAL PROPERTY TAX ABATEMENT CONSIDERATION FOR MULTIPLE PARCELS As a condition of granting a petition which seeks single - family residential development real property tax abatement consideration for development of multiple parcels in the City of South Bend, Indiana, the petitioner seeking such abatement pursuant to the applicable provisions of the Indiana Code, the Indiana Administration Cade and the South Bend Municipal Code must additionally agree to the following: Filing Requirement with the Office of The City Clerk: File with the Office of the City Clerk, 4th Floor County-City Building, South Bend, Indiana 46601, prior to the South Bend Common Council taking final action on a petitioner's Confirmatory Resolution for single- family residential construction where multiple parcels are involved and which is specifically addressed in § 2 -77.1 of the South Bend Municipal Code, the petitioner's written information statement to be given to all individuals inquiring about any parcels in the petitioned area. Required Contents of Information Statement: Said information statement must be on the petitioner's official stationary which lists their business name, street address, city, state and zip code, telephone and facsimile numbers, email address if any,.and contact persons(s) which must include the following: • Official name of the development as listed in the documents of record with the Office of the City Clerk of South Bend, Indiana • A map of the development addressed by the abatement listing the property key number for the parcel in question as well as its street address • Verification of the number of years granted by the tax abatement and the month/year the final action was taken by the South Bend Common Council • Verification and confirmation of the abatement's maximum dollar amount of the assessed value of the improvements on the parcel in question and a statement that the assessed value of the land is not abated • Verification of the petitioner's (developer's) duties with regard to the Statement of Benefits form (SB -1) • Verification of the proposed property owner(s)' duties with regard to the FORM 322/RE which must be completed and filed by the owner and builder after completion of the home and prior to occupancy, with said form being attached to the Information Statement • An attachment of the Confirmatory Resolution which approved the abatement in question • Inclusion of contact information, including but not limited to: Department of Community Investment 1400S County-City Building South Bend, Indiana 46601 (574) 235 -9371 (574) 235 -9021 Facsimile St. Joseph County Auditor's Office 2nd Floor County-City Building South Bend, Indiana 46601 (574) 235 -9668 (574) 235 -5024 Facsimile Office of the City Clerk 4th Floor County-City Building South Bend, Indiana 46601 (574) 235 -9221 (574) 235 -9173 Facsimile Required Filing of All Revised Information Statements: Any Information Statements which are revised should be filed with the Office of the City Clerk as soon as practicable by the petitioner /developer, and in no event filed later than their first use with prospective property owners in the affected tax abatement area. I, Dennis Schwartz, the petitioner of record seeking single - family residential development real property tax abatement consideration for multiple parcels in the City of South Bend, Indiana, for the abatement commonly referred to as Crescent Oaks, Section Three, hereby acknowledges the requirements set forth herein and agree to abide by such conditions. la /," (Sign e) Dennis Schwartz, Sole Member Tampico Developments, LLC 737 River Pointe Place, Mishawaka, IN 46544 (574) 255 -1503 Witness Signature Printed Name and Official Capacity Address: City/State /Zip: Phone No.: Signed this /Y day of g , 2015. (Rev. 5 /13/11) '.k:kry Ad His,:.ary Potf a 1 I a 4az91, ficl : ,9ar.1 kft Hotet Rd " �i I �> ' 11 ,t,emluck Ad I SITE �Mcllary ls2'Q-:. 1 611tldielioiU`3t r- W1iddleUo,u S,•� �I ��` I, it �m' �1 }^ c Irditwaad'Adl - -_ `i a AfieglzFrtfls O ✓ $ LLI tI nSa`)Y;DI p& - I c : -Cafswbldin 'q t Rd w AU br. Ju. >u- Y9t1� Rd. . VorL Rd - Srikkk!Ir eAval-n Or r 4 tu �_' w NTS V . u• O Fa!ii�;; Clr 111 C "] . •iJ ^.::•:.a o PJ i nti SY ? i A•iiamf lid Miami ltd } o K Y CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.0 6 -1.1- 12.1 -1, et sea., and South Bend Municipal Code Sec. 2 -76 et se°, for this petition states the following: 1. Describe the proposed construction project, including information about square footage, numbers of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for lone oroiect descriotions): RANGE FROM 10400 — 1,800 SQUARE FEET, CONTAIN 3 BEDROOMS, AND HAVE BASEMENTS. 2. Estimate the dollar value of the construction project (do not include land cost): $3,900,000±. 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): 737 RIVER POINTE PLACE MISHAWA" IN 46544 4. The commonly known address of the Property is: SEE ATTACHED EXHIBIT A -1 and having tax key no.: SEE ATTACHED EXHIBIT A -1 (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked EXHIBIT A -2 and is incorporated herein. 6. A map and /or plat indicating the location of the Property(s) is attached hereto, marked EXHIBIT B, and are incorporated herein. 7. Photographs of the Property(s), taken within two (2) weeks of the filing of this petition, are attached hereto, marked EXHIBIT C, and incorporated herein. 8. The current assessed valuation of the property before construction is SEE ATTACHED EXHIBIT A -1 (use additional sheet for multiple addresses). (This information may be obtained from the St. Joseph County Assessor's Office, 235- 9523). 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): SEE ATTACHED EXHIBIT A -1 This information may be obtained from the St. Joseph County Treasurers office, 235 -9531) 10. What is your best estimate of the project after completion market value of the property: $4,680,000 ±. 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building has already been issued). The signature below is verification of this statement. ISSUED• 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing -Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: N/A 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have. imna;, a 14. The current use of the property is RESIDENTIAL / VACANT LOTS and the current zoning is SF -1 (use). (This information may be obtained from the Building Department 235 -9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): N/A 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name Contact Person Address City, State, Zip Telephone WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): TAMPICO DEVELOPMENTS, LLC (Rev. 5/13/11) 2 EXHIBIT A -1 Notes: 1. The tax key number of the parent parcel is 026 - 1035-058902 Taxes 2013 - $1,912.82 Taxes 2014 - $2,40132 Assessed Valuation 2014 - $98,300 LOT NUMBER PROPERTY ADDRESS TAX ID NUMBER TAXES 2013 TAXES 2014 ASSESSED VALUATION (2014) COMMENTS 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 LEGAL DESCRIPTION - CRESCENT OAKS, SECTION THREE: A PARCEL OF LAND BEING A PART OF PARENT PART OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PENN TOWNSHIP, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 016'29" EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1,988.74 FEET TO THE SOUTHWEST CORNER OF CRESCENT OAKS SECTION l A, A REPLAT OF CRESCENT OAKS SECTION 1, AS RECORDED AS INSTRUMENT NUMBER 0839817 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 051'58" EAST ALONG THE SOUTH LINE OF CRESCENT OAKS SECTION 1 A, A DISTANCE OF 706.23 FEET TO THE SOUTHEAST CORNER OF CRESCENT OAKS SECTION IA; THENCE NORTH 00 °31'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1 A, A DISTANCE OF 134.72 FEET; THENCE SOUTH 89 028'59" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 10.93 FEET; THENCE NORTH 00 °31'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1 A, A DISTANCE OF 188.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 031'01 " WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1 A, 178.50 FEET; THENCE NORTH 89 °28'59" EAST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1 A, 9.51 FEET; THENCE NORTH 00 031'01 " WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1 A, 123.07 TO THE NORTHEAST CORNER OF CRESCENT OAKS SECTION 1 A; THENCE NORTH 89 053'49" EAST, 168.00 FEET, THENCE NORTH 00 °16'57" WEST, 125.00 FEET; THENCE NORTH 89 053'49" EAST, 232.00 FEET; THENCE SOUTH 85 °49'33" EAST, 202.76 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 2,235.00 FEET, BEING SUBTENDED BY A CHORD OF 158.62 FEET, BEARING SOUTH 13 044'17" WEST, THENCE SOUTHWESTERLY ALONG SAID CURVE 158.65 FEET; THENCE SOUTH 82 147'05" EAST, 136.53 FEET; THENCE SOUTH 88 033'39" EAST, 121.03 FEET; THENCE SOUTH 011°13'48" WEST, 262.34 FEET; THENCE SOUTH 89 051'58" WEST, 143.65 FEET TO THE NORTHEAST CORNER OF CRESCENT OAKS SECTION TWO AS RECORDED AS INSTRUMENT NUMBER 1210614 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 83 °32'59" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 73.42 FEET; THENCE SOUTH 89 051'58" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 76.58 FEET; THENCE NORTH 79 046'57" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 60.00 FEET; THENCE NORTH 10 °13'03" EAST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 1.91 FEET; THENCE NORTH 89 033'02" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 469.66 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 6.73 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD, F: \Projects \2015 Projects \15-0159 Crescent Oaks Section Three \Subdivision Legal \Legal \2015 -05 -13 15 -0159 Legal Descripfion.docx /'E MINN tons- Z,�A 9iF'y) �r jai( i r AM Y y. on AW, h t' , i may, IX, <afiI e 4 it LOCATION OF SITE PHOTOS I ; ; -• I 1 I 1 r' I I 1 I � 1 _JI 1 I it I I I I 1 N00'3 1 I I 39 1 1 p p .I N00'3 ' n . V N V L4 400'31'07°W 170.50' 1 128.50 N00'31'01 °W t 25.0' m 1 r I N I N W o y 'I pN '01 "W 130.72'1 J2 N00'06'11°W 122.13' N p RFa '0j 1 "W 1312' 1 b I o TwIil I D C 1 j I I i N00'03'22 "N E V 119.72' rl o it S OD '01'W 132.91' i j N00'31 *01"W 114.87' Ic 0 N o I u O ID I C II D {p w A )1 °W 133.98' Il • IA IW WE 132.01' i NI __ BALBOA PARK COURT r N00'03'22 °E 191.1 w � w 4y____@R. @4__ 1 OD 0) rn NO` 110>,.O7 01 w O) w v )2'27'09 1 1061 106 (3) OD � )1'13'48" 105. 6 0) co x) yy,� , . -A4 ( -i a= 3 6+6.`r`b in �y �•. �. i• xk1 m 0) w . 2 A N/ o N V A N 36'25 °E F to 3.8y w N f N 0) T NOT TO SCALE 0) rn NO` 110>,.O7 01 w O) w v )2'27'09 1 1061 106 (3) OD � )1'13'48" 105. 6 0) co x) yy,� , . -A4 ( -i a= 3 6+6.`r`b in �y �•. �. i• xk1 m 0) w . 2 A N/ o N V A N 36'25 °E F to 3.8y w N f N 0) T NOT TO SCALE 0) T NOT TO SCALE STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS ® • -� State Form 51767 (R6/10-14) Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): 9 Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.1.4) ❑ Residentially distressed area (IC 6-1.1- 12.1 -4.1) 20 PAY 20_ FORM SB -1 / Real Property PRIVACY NOTICE Any information concerning the cost of the property and specific salaries paid p to individual employees by the INSTRUCTIONS: Po pert owner Is confides list per 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing If the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. Z The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction, a Form 3221RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty (30) days after the assessment notice Is mailed to the property owner If it was mailed after April 10. A property owner who failed to file a deduction application within the prescribed deadline may file an application between March 1 and May 10 of a subsequent year. 4. A property owner who files for the deduction must provide the CountyAuditor and designating body with a Form CF- I/Rea/ Property. The Form CF- 1/Real Property should be attached to the Form 3221RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. IC 6 -1.1- 12.1- 5.1(b) 5. For a Form SB- 11Rea1 Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB- 1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. IC 6-1.1- 12.1 -17 •' 1 TAXPAYER INFORMATION Name of taxpayer TAMPICO DEVELOPMENTS, LLC Address of taxpayer (number and street, city, state, and ZlPcode) 737 RIVER POINTE PLACE, MISHAWAKA, IN 46544 Name of contact person Telephone number E -mail address DENNIS SCHWARTZ ( 574 ) 255 -1503 dschwl940 @aol.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body CITY OF SOUTH BEND COMMON COUNCIL Resolution number Location of property County DLGF taxing district number NW 1/4, SECTION 32, TOWNSHIP 37N, RANGE 3E ST. JOSEPH 033 Description of real property Improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) CRESCENT OAKS, SECTION THREE - @PRESIDENTIAL SINGLE- FAMILY LOTS 2015 Estimated completion date (mordh, day, yeah +/- 3 years SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT ..•.,, =,,. s,,,aa, xaanas number retained Salaries Number additional Salaries SECTION • TOTAL COST OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values 6, =,0o Plus estimated values of proposed project s,eoo.aoo.os Less values of any property being replaced Net estimated values upon completion of pro act ssezaao.00 Estimated solid waste converted (pounds) ��d(,�.f.s1, _ (P ) Estimated hazardous waste tlVerted looundsl. •. --�_ hereby certify that the representations in this statement are true. Sole Member Page 1 of 2 e. signed (month, day, year) lf-f /3 LD/-i Page 2 of 2 FOR USE OF THE DESIGNATING :.. We find that the applicant meets the general standards In the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed under IC 6-1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ❑ Yes ❑ No 2. Residentially distressed areas ❑ Yes ❑ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. Number of years allowed: ❑ Year 1 ❑ Year 2 ❑ Year 3 ❑ Year 4 ❑ Year 5 (*see below) ❑ Year 6 ❑ Year 7 ❑ Year 8 ❑ Year 9 ❑ Year 10 F. For a statement of benefits approved after June 30, 2013, did this designating body adopt an abatement schedule per IC 6-1.1- 12.1 -17? ❑ Yes ❑ No If yes, attach a copy of the abatement schedule to this form. If no, the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained In the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits Is sufficient to justify the deduction described above. Approved (signature and title of authorizedmember of designating body) Telephone number Dale signed (month, day, year) Printed name of authorized member of designating body Name of designating body Attested by (signature and 1d/e of attester) Printed name of attester If the designating body limits the time period during which an area Is an economic revitalization area, that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6- 1.1- 12.1 -17. A. For residentially distressed areas where the Form SB- 1/Real Property was approved prior to July 1, 2013, the deductions established In IC 6- 1.1- 12.1 -4.1 remain in effect. The deduction period may not exceed five (5) years. For a Form SB -1 /Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten (10) years. (See IC 6 -1.1- 12.1 -17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB- 1/Real Property was approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. For a Form SB- 1/Real Property that is approved after June 30, 2013, the designating body Is required to establish an abatement schedule for each deduction allowed. (See IC 6-1.1- 12.1 -17 below.) IC 6 -1.1- 12.1 -17 Abatement schedules Sec. 17. (a) A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: (1) The total amount of the taxpayer's investment in real and personal property. (2) The number of new full -time equivalent jobs created. (3) The average wage of the new employees compared to the state minimum wage. (4) The infrastructure requirements for the taxpayer's Investment. (b) This subsection applies to a statement of benefits approved after June 30, 2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten (10) years. (c) An abatement schedule approved for a particular taxpayer before July 1, 2013, remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Page 2 of 2 RESOLUTION NO. Substitute Bill No. 15-35 t A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ECOMMENDING THAT A TALL GRASS/WEED ABATEMENT PILOT PROGRAM FOCUSING ON PROVIDING YOUTH WITH WORKING OPPORTUNITIES AND LIFE SHILLS TRAINING AND DEVELOPMENT BE IMPLEMENTED FOR THE SUMMER OF 2015 Q(fww for the past several months, discussions have taken place with members of the City Administration on needed updates to improve the City's tall grass /weed regulations, with those regulations aimed at updating our local procedures are set forth in Substitute Bill No. 22 -15; and IhCmi in light of the proposed updates which streamline local regulations and focus on the property owner who fails to comply with paying the costs, rather than passing the costs of enforcement to the average taxpayer, there is an opportunity to create a Pilot Program which may provide job opportunities for youth this Summer; and 0Jfawi, a Pilot Program under the jurisdiction of the Department of Code Enforcement is potentially feasible to be in operation in mid -June through November 6, 2015; and G the Department of Code Enforcement would work closely with the Law Department so that qualifying non - profit organizations and LLCs who specialize in life skills training and development of youth ages 14 years of age and older may have the opportunity to learn to safely mow, trim and remove debris from City - selected locations. Each qualifying non - profit organization and LLC meeting the standards set forth in the City's request for proposals would further be required to comply with: • Federal, state and local laws governing youth employment • Proper required liability insurance and worker's compensation coverage • Proper thresholds requiring supervision of all youth who are participating • Proper youth training in all aspects in the proper use, maintenance of all equipment • Proper youth training in all aspects in the proper use of safety goggles, gloves and other required items for youth safety and overall public safety • Provide the Department of Code Enforcement with before and after photos of each property assigned to be cut on a daily basis where clean-up abatement services by the youth have been provided 6}jCm2y, information on the website for WorkOne Northern Indiana notes that "when you are young, getting a good job can be a tough process... successful job seekers foster an attitude of life -long learning'; and 6 the Bureau of Labor Statistics (BLS) for the U.S. Department of Labor reported that last Summer "...unemployment among youth rose by 913,000 from April to July 2014 ... [with] the July 2014 labor force participation rate for 16 to 24 year old mean being 63.2 percent..."; and G}j>Crm� the Bureau of Labor Statistics for last Summer also reveal that youth employment rates were only 63.2 % for Whites, 56.2 % for Hispanics, 52.9 % for Blacks, 45.8 % for Asians leaving 3.4 million unemployed youth in July 2014 as reported in the August 13, 2014 BLS Economic News Release entitled "Employment and Unemployment Among Youth Summary". Pilot Program for Grass /Weeds Abatement Resolution Page 2 Section I. The South Bend Common Council recognizes that in the publication Youth Unemployment Challenge and Solutions — What Business Can Do Now, the following factors were identified as to "Why Youth Fare Worse Than Adults" in the initial workforce entry: • "A lack of information, networks and connections among youth, especially youth from families lacking significant social capital. • A lack of skills relevant to the workplace. • A lack of experience and credentials that address employers' risk in making hiring commitments. • A lack of available jobs suited to entry-level skills ", Manpower Group, Youth Unemployment Challenge and Solutions, pp. 6 -7. Section II. The South Bend Common Council in collaboration with the City Administration recognize that: "Youngpeople bring energy, talent and creativity to economies that no -one can afford to squander... What our young people do today will create the foundations for what our economies will do tomorrow ", Youth Employment: A Global Goal, a National Challenge, ILO 2011; and "Companies need to `lean forward, 'take a calculated risk, and open their doors to inexperienced young job candidates... they need to engage their best employees as mentors to young talent ", Manpower Group, Youth Unemployment Challenge and Solutions, pp. 27. Section III. The South Bend Common Council hereby authorizes and recommends that in collaboration with the City Administration that a Tall Grass/Weed Abatement Pilot Program focusing on providing youth with working opportunities and life skills training and development be implemented by the City of South Bend for the Summer of 2015, consistent with the guidelines set forth in the Resolution. Section IV. The Common Council further recommends that the Department of Code Enforcement and any other City Departments or agencies involved provide periodic updates on the program to the Council's Health and Public Safety Committee, with such updates suggested to take place in the months of July and November 2015. Section V. This Resolution shall be in full force and ct- from -and_ fter its adoption by the Common Council and approval by the Mayor. Tim Scott, 1 st istrict Council Member ,'R'.SDJED i em John Voorde, City Clerk Filed C?. _—k —Off� ice I M 28 2n., ?5 j CITY CLER.1- : zND, IN Karen L. White, Council Member at Large Dr. Fred Ferlic, 4'h District Council Member Pete Buttigieg, Mayor of South Bend, Indiana (574) 235 -9321 May 28, 2015 Members of the Common Council 4"' Floor County -City Building South Bend, Indiana 46601 .you .Of 6� fM6 Common Council City of South Bend Indiana 4'h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9173 Facsimile Re: Substitute Bill No. 15 -35 Tall Grass/Weed Abatement Pilot Program focusing on Providing Youth with Working Opportunities and Life Skills Training and Development Dear Council Members: (574)235 -5567 TTY/TDD As you are well aware, the City of South Bend is challenged each Summer with far too many young people being unemployed, as well as far too many lots throughout the city have tall grass and weeds. In the interest of attempting to address each of these growing concerns on a limited basis, we are recommending that a pilot program be implemented this Summer. The Substitute Bill changes the initial start of the program to the month of June, and adds Dr. Fred Ferlic as a sponsor to the Bill. We look forward to discussing this proposal with you at the June 81h Health and Public Safety Committee meeting. Thank you. ost "siiiceJ , Tim Scott, 1St District Council Member South Bend Common Council Dr. Fred Ferlic, 4°i District Council Member South Bend Common Council Attachment Karen L. White, Council Member at Large South Bend Common Council cc: Randy Wilkerson, Department of Code Enforcement Executive Director F11ed in CIA�k s Ice MAY 6, L JOIiN '0 acs CITY t LERK, $OUTH BENCH, IN j E'Jl lJo- 2�- -13-" ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 742 EAST IRELAND ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM LB LOCAL BUSINESS DISTRICT TO CB COMMUNITY BUSINESS DISTRICT TO ALLOW FOR A FINANCIAL INSTITUTION WITH AN OFF - PREMISE SIGN. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: THAT PART OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OR IRELAND ROAD WITH THE WEST RIGHT -OF -WAY LINE OF HIGH STREET, THENCE ALONG THE WEST RIGHT -OF -WAY LINE OF HIGH STREET, S. 00°- 24' -13 " E. A DISTANCE OF 277.00 FEET TO THE NORTH RIGHT- OF-WAY LINE OF HAWBAKER STREET, THENCE ALONG SAID NORTH RIGHT -OF -WAY LINE, S 88 °-16'46" W. A DISTANCE OF 111.03 FEET MORE OR LESS; THENCE N. 01 °- 35' -50" W. A DISTANCE OF 276.91 FEET MORE OR LESS TO THE SOUTH RIGHT -OF -WAY LINE OF IRELAND ROAD, THENCE ALONG SAID NORTH RIGHT -OF -WAY LINE, N. 88 °- 1542" E. A DISTANCE OF 116.64 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.72 ACRES MORE OR LESS. be and the same is hereby established as CB Community Business 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 2 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20_, at o'clock M. City Clerk Approved and signed by me on the 20 , at o'clock m. Mayor of the City of South Bend, Indiana iii READING � _( r PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED day of Filed it ' t : S -Off Ice S� l - 3 2015 i CITY C6EAK SOOT H 19END, IN PETITION FOR A COMBINED HEARING City of South Bend Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 742 East Ireland Road, South Bend, Indiana 46614. 2) The property Tax Key Number(s) is /are: Key # 1: 23 -1035 -1797 3) Name and address of property owner(s) of the petition site: Mishawaka Federal Bank (a.k a. Mutual Bank) 110 East Charles Street Muncie, Indiana 47305 574- 273 -7601 &Mail Address: chuck viater @bankwithmutual.com 4) Name and address of contingent purchaser(s), if applicable: N/A E -Mail Address N/A 5) It is desired and requested that this property be rezoned: From: LB Local Business District To: CB Community Business District 6) This rezoning is requested to allow the following use(s): Financial Institution with an Off-premise sign. If applicable, a detailed description and the purpose of the variance(s) being requested: The Petitioners have owned the real estate shown on the attached site plan for the past several years. The Petitioners were contacted by the City of South Bend to inquire if it was possible to help them with plans for the improvements of the intersection of Ireland Road and High Street. Ireland Road was proposed to be widened at the intersection to allow for a left -turn lane for westbound traffic onto High Street and for a right -turn lane for eastbound traffic to turn onto High Street. As part of those plans the City desired to remove an existing free - standing sign that was located in the right -of -way of High Street. This sign was an identification sign for the Erskine Plaza including the retail stores within the integrated center. The sign has existed in the right -of -way for the past few decades since the plaza was developed and built. To allow for maximum safety at the intersection, the City desires to remove the existing free - standing sign and place a new free - standing sign for the plaza on private property outside of the public right -of -way. The City had contacted the owner to the east, but that owner declined to allow for the sign to be placed on their property. The Petitioners agreed to help the City by allowing for a new free - standing sign to be placed on their property, as long as it did not interfere with their existing sign. As shown on the attached site plan, a location was agreed to for the new sign that placed it along the right -of -way for High Street east of the existing parking bay. This location allowed for visibility from both directions on Ireland Road and does not interfere with the existing bank sign. This location would also allow for a portion of the bank property to be acquired by the City for the proposed improvements for the above described right -turn lane. The City's representatives had discussions with the staffs of the Area Plan Commission and the Building Department. Based on those discussions it was determined that in order to place the new sign as proposed on the Petitioners property, that property would require a rezoning from the present classification of LB Local Business District to the CB Community Business District. This was needed as an "Off- Premise Sign" cannot be located on a property zoned LB Local Business. Also, as part of the rezoning process, a few variances would be needed to place the sign as shown in relation to Public right -of -ways, existing residential zoning districts and uses and flexibility in landscaping. These variances are required, due to the fact that when a property is rezoned it must also be brought up to that Districts' development standards as they relate to any proposed improvements. More specifically the following variances are being requested: A). From the required landscaping of required perimeter yards and residential bufferyards to landscaping as shown on the site plan. The Petitioners are asking not to be required to place perimeter landscaping consisting of over -story trees placed at a maximum spacing of 40 ft. on- center along all property lines. They would ask to be allowed to use the existing landscaping to meet the intent of the ordinance as they are not doing any improvements to their property other than allowing for an Off - Premise sign to be placed as shown. Approval of this variance should not have an adverse impact on surrounding properties. B). From the required 30 ft. Front Yard setback for Off - Premise signs to a minimum of 5 ft. along Ireland Road front yard setback and to a minimum of 14 ft. along the High Street front yard setback. The proposed sign location sets it back further along Ireland Road than the present sign and takes into account the right - of -way proposed to be taken for street improvements. The request for the setback off of High Street is due to the fact the property is on a corner which requires an additional front yard setback. Being placed 14 ft. off the right -of -way will allow the sign to meet all sight safety distances. Approval of this variance should not have a negative impact on adjacent properties. Q. From the required Separation from Certain Districts and uses. The Petitioners are requesting a variance from the minimum separation of 200 feet the proposed Off - Premise sign to a minimum of 55 feet to the closest residential district on the north side of Ireland Road. The centerline of Ireland Road separates the commercial district from the residential district to the north which contains the Erskine Golf Course and may also be considered a public park. The existing sign was located slightly closer than the 55 feet. Approval of this variance should not adversely affect the surrounding properties. D). From the maximum allowed Number of Displays for Off - Premise signs of two (2) displays or messages per sign surface to a maximum of eleven (11) displays as shown. The Petitioners are requesting a variance to be allowed to have a maximum of eleven display areas for proposed Off - Premise sign. The existing sign has eleven display areas and the owners of the Erskine Plaza desire to keep that same number. The proposed sign is lower in height than the existing sign by approximately 7 feet, 35.25 ft. vs. 28.25 ft. and the sign area of the proposed sign is approximately 50 square feet smaller in size than the existing sign 235.4 sq.ft. vs. 185.50 sq.ft. The Erskine Plaza owners would ask to be allowed to have the proposed Off - Premise sign as shown as exposure to traffic along Ireland Road is important for the integrated center. The smaller tenants within the center rely on the signage to direct traffic to their businesses. When they signed the leases for the center, they signed those leases based on location and sign exposure to two of the City's major traffic arterials. The Erskine Plaza owners and the smaller tenants believe that removal of 50% of their sign exposure could have an adverse impact on their ability to remain successful at the Erskine Plaza location. They do not believe approving a variance to allow for a smaller sign, which provides sign exposure to Ireland Road, would have a detrimental effect on surrounding properties. A statement on how each of the following standards for the granting of Variances is met The Petitioners, the City and owners of Erskine Plaza would state that approval of the requested variances will allow for the City to improve an existing intersection which leads to one of the City's original integrated centers. It will increase safety for vehicles using the intersection by allowing for removal and placement of an Off - Premise sign onto private property. The approval will also allow for an established commercial center to maintain exposure along a major City arterial and continue to direct patrons to the center's many tenants from Ireland Road. The Petitioners, the City and owners of Erskine Plaza would state that the approval of the above requested Variances will not be injurious to the public health, safety, morals and general welfare of the community. As envisioned, the proposed intersection improvements will provide for increased safety on two public streets. This will increase the public health, safety, morals and general welfare of the community. The Petitioners, the City and Erskine Plaza owners would also state that the use and value of the area adjacent to the property included in the Variances will not be affected in a substantially adverse manner. The proposed improvements should help to stabilize values for neighborhood properties adjacent to the site. The Petitioners, the City and Erskine Plaza owners would state that the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. The strict enforcement of the Ordinance would make any proposed improvements very restricted and create a situation where owners could see a negative impact to their property. 9). If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. The Petitioners have supplied a site plan to help show the proposed improvements and reflect the Requested Variances. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: N/A 11) A statement on how each of the following standards for the granting of a Special Exception is met: N/A 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) 17 site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): Name. Scot .Taylor —Vice President egional Manager — St. Joseph County 4100 Edison Lakes Parkway, Suite 300 Mishawaka, Indiana 46545 574- 273 -7652 E -Mail Address: scott.taylor @bankwithmutual.com PETITION PREPARED BY & CONTACT PERSON: Name: Danch, Harner & Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574- 234 -4003 mdanch@danchharner. com Filed in CloW fl$ ffI ec =I. CITY CLERK, $00 H 6 END. IN LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF -WAY LINE OR IRELAND ROAD WITH THE WEST RIGHT -OF -WAY LINE OF HIGH STREET; THENCE ALONG THE WEST RIGHT -OF -WAY LINE OF HIGH STREET, S. 00°- 24'43 " E. A DISTANCE OF 277.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF HAWBAKER STREET, THENCE ALONG SAID NORTH RIGHT -OF -WAY LINE, S. 88'- 16'46" W. A DISTANCE OF 111.03 FEET MORE OR LESS; THENCE N. 01 °- 35' -50" W. A DISTANCE OF 276.91 FEET MORE OR LESS TO THE SOUTH RIGHT-OF-WAY LINE OF IRELAND ROAD; THENCE ALONG SAID NORTH RIGHT -OF -WAY LINE, N. 88 °- 15' -42" E. A DISTANCE OF 116.64 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.72 ACRES MORE OR LESS. LFIffed A w 3$r1;' < ff�ce L t 3 2015 clTv iaurMS&N4n, ins Centre Twp Ireland Road Cemetery 60250 St.Joseph St South Bend, IN. 46614 Tax Key # 023 1035 1794 National Credit Corp of Eastern MI 7091 Orchard Lake Rd. Ste. 300 West Bloomfield, MI. 48322 Tax Key # 023 1007 051106 Terry & Sarah Brady 713 Hawbaker St South Bend, IN. 46614 Tax Key # 023 1035 1795 Arthur Gray PO Box 2673 South Bend, IN. 46680 Tax Key # 023 1035 1801 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 023 1035 1798 City of South Bend Erskine Golf Course County City Building South Bend, IN. 46601 Tax Key # 018 7164 5777 Property Owners Within 300 Feet Cocquyt & Boone Properties LLC 734 E Ireland Rd South Bend, IN. 46614 Tax Key # 023 1035 1796 Mordechai Aharon 106 N Main St Mishawaka, IN. 46544 Tax Key # 023 1007 051105 Lester Sumrall Evang Assoc. Inc. 530 East Ireland Rd South Bend, IN. 46614 Tax Key # 023 1035 179501 Judith Callahan & Patrick Keszei 52226 Surrey Trace Granger, IN 46530 Tax Key # 023 1035 1800 Illiana Realty LLC 200 N Everest Grove Pkwy Watseka, IL. 60970 Tax Key # 023 1035 180601 Mishawaka Federal Bank 110 E Charles St Muncie, IN. 47305 Tax Key # 023 1035 1797 Lester Sumrall Evang Assoc. Inc. 530 East Ireland Rd South Bend, IN. 46614 Tax Key # 023 1035 180903 City of South Bend Board of Public Works County City Building South Bend, IN. 46601 Tax Key # 023 1007 051107 Terrance & Debra Wruble 736 Hawbaker St South Bend, IN. 46614 Tax Key # 023 1035 1799 Mordechai Aharon 106 N Main St Mishawaka, IN. 46544 Tax Key # 023 1007 051009 Filed in 0grk,s Office 3 2015 CITY CLERK, Sourrii, a 1 riP7, iii 1W>Pff'A Uanch, flam&w 4& .Associates, Inc. Land Surveyors 0 Professional Engineers Landscape Architects . Land Planners Office: (574)234-4003 /(800)594 -4003 0 Fax: (574)234-4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of June 1, 2015 South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 RE: Rezoning Petition for 742 East Ireland Road, South Bend: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for their property located at 742 East Ireland Road, South Bend, Indiana. This requested Rezoning would allow for the approval of an existing financial institution and for a relocated Off - Premise sign for the Erskine Plaza commercial center. The sign relocation is being done in conjunction with proposed intersection improvements at Ireland Road and High Street. The proposed improvements require rezoning of the property to the CB Community Business District classification. Our clients believe the improvements proposed for the intersection along with the relocation of an existing sign out of the public right -of -way would enhance the visibility and safety at this location. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Harper & Associates File No. 150165 "C" Md. Filed In CIaik-' C#ffee �0 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, AS AMENDED, BY REPEALING AND REPLACING ARTICLE 5, PLANNED UNIT DEVELOPMENT DISTRICTS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. The zoning ordinance allows for Planned Unit Developments. As market conditions and development structure has changed, a need was created to update the Planned Unit Development District in order to create more sustainable developments. Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, be amended by repealing and replacing Article 5, Planned Unit Development District as follows: PLANNED UNIT DEVELOPMENT DISTRICT. (a) INTENT. (1) The Planned Unit Development (PUD) District is intended to:' (A) Establish a compatible and efficient mix of land uses and open space; (B) Ensure compatibility with the Comprehensive Plan, surrounding developments and future development needs; (C) Establish a creative approach in building design through architectural compatibility with adjacent buildings, general neighborhood design or by creating a unique style; (D) Achieve flexibility and provide incentives for development that will sustain a wider range of choice in satisfying the changing needs of the community; and (E) Provide for any individual land or a combination of land uses not otherwise specified elsewhere in this Ordinance. (2) The PUD District is not intended for the development of residential subdivisions, Permitted Uses, or Special Exception Uses which are provided for within any district of this Ordinance. (3) The PUD District is not intended for developments seeking relief from developments standards within a district in which the use is permitted. (b) PERMITTED USES AND DEVELOPMENT STANDARDS. (1) Permitted Uses. (A) Primary uses in the PUD District shall be any use or range of uses specified in the PUD District Ordinance establishing such District. (B) Accessory uses, home occupations or temporary uses, unless otherwise specified in the PUD District, shall be permitted in a manner customarily associated with the primary use specified in the PUD District Ordinance. (2) Development Standards. (A) The PUD District shall specify development standards applicable to each permitted use in the PUD District and, at a minimum, shall adopt or include a variation of each development standard that is applicable to each such use in the district in which each such use is first permitted. (B) In any case in which an applicable development standard has not been specified in the petition for zone map change to the PUD District, the development standard shall be that which is specified in the district in which the use is first permitted. (c) PROCEDURE FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT. (1) General. (A) The complete review and approval process for a PUD consists of three (3) components: Submittal of a Concept Plan per §21 -05 (c) (2) Concept Plan; ii. Submittal of a Petition for zone map change per §21 -05 (c) (3) Petition for Zone Map Change to PUD District; and, Submittal for Secondary Approval per §21 -05 (c) (7) Secondary Approval. (B) A petitioner may elect to proceed with Preliminary Plan approval and Secondary Approval separately, or may elect to combine them for joint approval as set forth in § 154.227 (c) (5) (B), below. (C) If filed separately, the procedure for filing for approval of a zone map change shall be the same as that required for any other petition for zone map change before the Area Plan Commission, except as otherwise provided for in this chapter. (2) Concept Plan. (A) The filing of a Concept Plan is required. The review of the Concept Plan by the Staff will create an understanding between the Staff and the developer which may help to alleviate future misunderstandings and extensive revisions. (B) The petitioner shall submit a Concept Plana minimum often (10) business days prior to filing a petition for zone map change to the PUD District, which shall include the following: A statement demonstrating how the proposed PUD meets the intent of §21 -05 (a) Intent; ii. Proposed locations and types of uses within the area proposed; iii. Preliminary layout of streets, open space, and other elements basic to the proposal in relationship to existing site conditions and adjacent properties; (C) Staff shall review the proposed Concept Plan taking into consideration the following: That the proposed PUD District meets the requirements of §21 -05 (a) intent; ii. Protection and enhancement of the natural and environmentally sensitive features on the site, including, but not limited to topography, wooded areas, water features, wetlands, floodways, floodplains and regulated drains; iii. Development of common areas, open space or recreational areas (passive or active) accessible to the residents or users of the PUD by way of sidewalks, footpaths or combined walkways /bikeways; iv. Building designs which achieve added value to the community; and, Relationship to surrounding properties. (D) The Staff shall notify the petitioner of any comments related to the submitted Concept Plan within ten (10) business days of the submittal. Upon receipt of the Staff comments, the petitioner may modify the Concept Plan and resubmit a revised Concept Plan for additional review by Staff or file a petition for zone map change as set forth per § 21 -05 (c) (3) Petition for Zone Map Change to PUD District. (E) Neither the Staffs review of the Concept Plan submitted for review nor Staffs comments to the petitioner shall be considered a denial, approval or decision concerning the proposed PUD District. (3) Petition for Zone Map Change to PUD District. (A) A request for a zone map change to a PUD District shall contain the following: All documentation and requirements as regulated by §21 -09.05 (e) (2) Zone Map Amendments; ii. A Preliminary Plan that satisfies the requirements below, and shall specify in either General Terms or Detailed Terms the permitted uses and development standards that will apply to the PUD District: a. Detailed Terms. A Preliminary Plan which includes a detailed description of all development requirements that apply to the proposed PUD District on any of the site plans, building elevations, landscape plans, sign plans, or any other plan required by this Ordinance in sufficient detail to fulfill the requirements for the issuance of an Improvement Location Permit; b. General Terms. A Preliminary Plan which do not comply with the requirements above for Detailed Terms shall be deemed to have expressed the development requirements that apply to the proposed PUD in General Terms only and shall require Secondary Approval, as set forth below, prior to the issuance of an Improvement Location Permit. (B) Preliminary Plan. A Preliminary Plan shall consist of the following: A PUD District Ordinance in 8 '/2" x 11" format consisting of the following: a. Proposed name of the PUD District; b. Legal description of the proposed PUD District; C. Statement on how the proposed PUD District meets the requirements of §21 -05 (a) Intent; d. Permitted uses, accessory uses and temporary uses by location; e. Site development standards by use, such as but not limited to setbacks, densities, use of yards; f Proposals for handling traffic, general circulation and access points, sewage disposal, drainage, and other pertinent development features; g. Landscaping, buffering, tree preservation and use of open space; h. Lighting standards; i. Signs standards; j. Parking and Loading standards; k. Building design standards; and ii. A preliminary Site Plan of the overall PUD on plan sheets not to exceed twenty - four by thirty -six (24" x 36 ") in size consisting of the following: a. Proposed name of the PUD District b. North arrow, written and graphic scale; C. Boundaries of property with dimensions; d. General location of proposed land uses; e. Easements of record; General layout of public and private streets, open space and other basic elements of the development; g. General location of all drainage and other utility features and any other pertinent development features; and h. Statement regarding how the PUD will be served by water and sewer; i.e well and septic or municipal water and sewer. iii. Any other information requested in writing by the Executive Director or Area Plan Commission that would need to be included and /or addressed in either the PUD District Ordinance or the Site Plan. (4) Determination by the Area Plan Commission. In its determination of the appropriateness of the proposed PUD, the Area Plan Commission shall pay reasonable regard to the extent to which the proposal accomplishes the intent set forth in §21 -05 (a) Intent, above, and provides for the protection or provision of the site features and amenities outlined above. (5) Preliminary Plan Approval. (A) If the Preliminary Plan expresses development standards in General Terms, as described above, secondary approval as set forth in §21 -05 (c) (7) Secondary Approval, shall be required. (B) If the Preliminary Plan expresses development standards in Detailed Terms, as described above, the Petitioner may request Secondary Approval in connection with the approval of the zone map change to the PUD District, provided that any such approval shall be conditioned upon the Council adopting the zone map change to the PUD District. (6) Conditions. Conditions may be imposed on the approval of a PUD District which are reasonably necessary to assure compliance with the permitted use, development standards and minimum requirements of the PUD District Ordinance. (7) Secondary Approval (A) Secondary Approval is required in the PUD District as a prerequisite to the issuance of an Improvement Location Permit. (B) The petitioner must file an application requesting Secondary Approval and submit the following: A final PUD District Ordinance which expresses the development standards in Detailed Terms addressing all of the requirements established and approved under Preliminary Plan Approval; and ii. A final site plan of the overall PUD on plan sheets not to exceed twenty -four by thirty-six (24" x 36 ") in size, consisting of all of the requirements of §21 -05 (C) (3) ii in detail, including any additional requirements approved under §21 -05 (5) Preliminary Plan Approval. iii. Any other information requested in writing by the Executive Director that would need to be included and/or addressed for Secondary Approval. (C) As part of the Secondary Approval, the following documentation may be required in order to meet the requirements for approval by the reviewing agencies. Location of all existing and proposed utility facilities and easements, including, but not limited to: sanitary sewer, water, storm water management, electric, gas, telephone and cable within two- hundred (200) feet of the real estate; ii. Drainage plan; iii. An erosion control plan for all areas of site disturbance. iv. Topographic contour every two (2) feet superimposed upon the proposed site plan portion of the site covered by the submitted plans; V. Proposed elevation of all building pads within the proposed development; vi. Plans and specifications for all infrastructure improvements required or proposed in the PUD; vii. Any other information specified elsewhere in this Ordinance as a prerequisite to the issuance of an improvement location permit; and (D) The Executive Director, during Secondary Review, shall specify any additional plan documentation or supporting information beyond that required by this subsection, which must be provided before the issuance of an Improvement Location Permit. (8) Secondary Approval Authority. (A) Authority for Secondary Approval is hereby delegated to the Executive Director. The Executive Director shall have a period of not more than fifteen (15) business days in which to review the proposed Secondary Approval application and either: Render a decision of approval or denial concerning the Secondary Approval; or ii. Request in writing additional information from the applicant. If additional information is requested, the Executive Director shall have an additional period of fifteen (15) business days to review the information from the date the requested information is received. (B) The Executive Director may seek the advice and comment of the Executive Committee of the Area Plan Commission or other government review agencies prior to Secondary Approval. (C) Any decision of the Executive Director under this Section may be appealed by any interested party to the Area Plan Commission in accordance with the procedures of §21 -05 (g) Appeals of Executive Director's Decisions, below. (9) Proceedings/Notice. The proceedings required for Secondary Approval shall be the same as those required by this zoning ordinance for the review and issuance of an Improvement Location Permit. (10) Required Findings. (A) The Area Plan Commission or Executive Director may issue Secondary Approval only upon a finding that the plans submitted for Secondary Approval satisfy the PUD District Ordinance establishing such PUD District; (B) Secondary Approval shall be sealed with the Seal of the Area Plan Commission and retained in the office of the Area Plan Commission to be used in its continuing administration of the PUD. (11) Surety. Bonds or other written assurance may be required which are reasonably necessary to guarantee the timely completion of a public improvement required by the proposed PUD District Ordinance. Such bond or other written assurance shall be satisfactory to the Executive Director, and shall run to the Board of Public Works or any other public agency that will be responsible for the construction and maintenance of the public improvement. (12) Recording. Secondary Approval of the PUD District Ordinance, Site Plan, and modifications thereof shall be recorded in the St. Joseph County Recorder's Office within five (5) business days of Secondary Approval. (13) Expiration. Secondary Approval of a PUD District Ordinance, whether submitted in its entirety or in development phases, does not expire. Upon an application for an Improvement Location Permit for the use or development of the property, whether in its entirety or in development phases, all required improvements shall be designed and constructed with the latest standards in effect at the time. (d) MODIFICATION OF PRELIMINARY PLAN OR SECONDARY APPROVAL (1) Request for modification. Request for determination of minor /major modification shall be provided in writing to the Executive Director detailing the extent of the change or changes. The Executive Director may request additional documentation that would be needed to determine whether the proposed changes qualify as Minor Modifications or Major Modifications and outlined below. (2) Minor Modifications. Minor modifications to a Preliminary Plan or Secondary Approval which has already received approval from the Area Plan Commission or the Executive and which do not involve: (A) an increase in height, area, bulk or intensity of land uses unless the Area Board of Zoning Appeals Grants a variance for height, area, or bulk; (B) the designation of additional land uses; (C) the reduction of perimeter yards unless the Area Board of Zoning Appeals grants a variance; (D) an encroachment into any drainage easement, regulated drain setback or floodplain; or, (E) the reduction in the amount of parking for any use below that which is required by Section 21 -07.04 of this Ordinance unless the Area Board of Zoning Appeals grants a variance, may be authorized by the Executive Director without a public hearing in its continuing administration of the PUD if, in the determination of the Executive Director, the requested minor modifications do not adversely impact the purpose or intent of the overall development. (3) Major Modifications. If the Executive Director determines that the proposed modification does not meet the criteria above or is of such a nature as to adversely impact the purpose or intent of the overall development the petitioner shall be required to file a new petition for zone map amendment. (e) SECONDARY PLAT APPROVAL The process for the approval and recording of a secondary plat for any development in a PUD approved pursuant to this section shall be issued in a manner consistent with that for any other subdivision within the St. Joseph County as set forth in the St. Joseph County Subdivision Control Ordinance, as amended, and with any additional requirements or commitments entered into in connection with the approval of the preliminary plan pursuant to this section. The approval and recording of a secondary plat is required prior to the issuance of an improvement location permit for any improvements on a lot. (f) MAINTENANCE OF COMMON OPEN SPACE In those PUD Districts in which open space, common areas or recreation areas are provided for the use and enjoyment of residents or users of the PUD District, the petitioner shall file documentary assurances that the permanent dedication and continuous maintenance of open space, common areas or recreation areas shall be made in accordance with the approved preliminary plan and secondary approval, and that the open space, common areas and recreation areas shall be made available to the residents and users of the overall development in the PUD at a reasonable and non - discriminatory rate of charge. Such documentary assurances shall be incorporated into the secondary plat that is recorded in the Office of the St. Joseph County Recorder or otherwise provided for through legally binding perpetual agreements as approved by the Area Plan Commission and the County. Such open space shall perpetually run with the PUD and shall not be developed or separated from the overall development in the PUD at a later date (unless no development of any portion of the PUD which is benefited by the open space, common areas or recreation areas has occurred and the entire area subject to the PUD is presented for zone map change). (g) APPEALS OF EXECUTIVE DIRECTOR'S DECISIONS (1) Generally. Any order, requirement, decision or determination by the Executive Director regarding a secondary approval, or a modification of a preliminary plan or secondary approval, may be appealed to the Area Plan Commission by any person claiming to be adversely affected by that order, requirement, decision or determination. (2) Appeal Process. The procedures for such an appeal are as follows: (A) Every appeal shall be filed within thirty (30) days from the order, requirement, decision or determination. (B) All appeals shall be determined by the Area Plan Commission at a public hearing for which any person claiming to be adversely affected by that order, requirement, decision, or determination shall comply with, and bear all costs associated with, the notification requirements as provided by rule of the Area Plan Commission. (C) The Area Plan Commission hearing shall be de novo, in the same manner as though the application was originally filed with the Area Plan Commission. (D) The decision of the Area Plan Commission with respect to a secondary approval, or a modification of a preliminary plan or secondary approval, shall be a final decision that may be reviewed only by certiorari procedures as provided in I.C. 36 -7 -4 -1016. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. jz � �- Member o 7 the Common Council Attest: Om wel owo WOWSR City Clerk wwLnol �n�; vim, tomw I an NO Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2015, at o'clock ._ m. Approved and signed by me on the o'clock . M. lit READING l —1 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of Mayor of the City of South Bend, Indiana 2015, at Filed in . • Office CITY cLEHY, sutirg REND, IN LAWRENCE P. MAGLIOZZI E N LC U'FI v DI R )z C I OR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COON FY-CI "I'Y BUILDING, SOUTH BEND, INDIANA 46601 (5741 235 -9501 June 3, 2015 Tim Scott, President South Bend Common Council Fourth Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Repeal and Replace the PUD Planned Unit Development District of the South Bend Zoning Ordinance Dear Mr. Scott: Attached is a proposed ordinance initiated by the Area Plan Commission. The purpose of this ordinance is to strengthen the Intent Section, remove Area Requirements, strengthen the overall process and submittal requirements and modemize text language. I am requesting that the attached ordinance be placed on the June 8th, 2015 Council agenda for First Reading. In order to address any questions or concerns prior to the July 21, 2015 Area Plan Commission hearing, we would like to be placed on the June 22, 2015 Zoning and Annexation . Committee agenda. If you have any questions, please feel free to contact me. Sincer y, Lawrence P. Magliozzi Executive Director Filed in Cl %wk's Office :,T 3 2015 JOHR iJRiORDE CITY CLERK, SOUTH BEND, IN SERVING ST, JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.STf OSEPHCO V NTYI N DIANA. CO MIA REA PLAN 6<H 3� -u 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 2015 OF $200,000 FROM LOCAL ROAD & STREETS FUND (#251),$800 FROM PROFESSIONAL SPORTS DEVELOPMENT FUND ( #377) AND $316,091 FROM CEDIT FUND ( #408). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2015 operating and capital budgets in 2014 (Ordinances #10331 -14 passed on October 27, 2014) 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 2015 and set apart within the following designated funds for expenditures as follows: Fund Amount Local Road & Streets Fund ( #251) $200,000 Professional Sports Development Fund ( #377) 800 CEDIT Fund ( 4408) 316,091 TOTAL Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval o e Mayo . Member o e ommon Council Attest: City Clerk CAN to m4MSan opptra}_ (`_;`.V-9 Sri a CWdX"Qnb)4W% 00- Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2015 at o'clock . m. Deputy City Approved and signed by me on the day of o'clock . m. 10 RRADMG PUBUG HEARING 3rd READING NOT APPROVED REFERRED PASSED , 2015 at Mayor, City of South Bend, Indiana Filed in �t�±� 9c °� Offic PON CITYCLEE s Nb, EPi E E N m a i 13 m� =� 91m vEEIE N c of c m� Imo °, E m �co_ E m 2 E _coo c a c c 1 o _Yi am mw, E W 'o�`�•- `=I1� °m°m °m° m p°?52_ LLIm r�fr E � LL E=o NE NNN m _a oa`a`nr m m 3 _ $e ° D J D O C c W D � N N '9Nepnp O J pl qp oYi 9 m9 nS O - Ia D m c r Im � o -J1 n p F 21S 2 2I LL U »h I r A = n E � I iEI W l9NNIN nlaa gm�q E E o iilii� ii I n i Ic 0 3 S me m Ej'EI'EI'E n'I n ¢ja °a <1 I N W'NX T -E w N s.E ss 8 LL M1' w can. I E E N m a 120ON COUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE May 29, 2015 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 41h Floor South Bend, Indiana 46601 RE: June 2015 Appropriation Ordinance – Civil City Funds Dear President Scott, 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 periodically throughout the year. For 2015, we plan to propose adjustments during four time periods — March, June, September 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 151 reading on June 8, 2015 with 2 "d reading, public hearing and 3rd reading scheduled for June 22, 2015. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards John H. Murphy % City Controller CC: Pete Buttigieg, 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 Filed inn f)ffic I s CITY tL� =;..... — 6j � 3 � -(�r 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 2015 OF $14,500 FROM WATERWORKS BOND RESERVE FUND ( #626) AND $297,000 FROM CENTURY CENTER FUND ( 4671). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2015 operating and capital budgets in 2014 ( #10323 -14 passed on October 13, 2014), 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 2015 and set apart within the following designated funds for operational expenses as follows: Fund Amount Waterworks Bond Reserve Fund ( #626) $ 14,500 Century Center Fund ( #671) 297.500 TOTAL QQ Section II. This ordinance shall be in full effect from and after its passage by the Common Council and approval o he Mayor. Member of t e Common Council Attest: City Clerk 5 , . k . ' IW ;jiiiidd8 an Vii' f" pVar4z hsaft ad COlfld>�Ofldl Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2015, at o'clock—. m. Approved and signed by me on the o'clock . m. 1 A REAWNG " o —� r PUMC I{EARM 3 rd READING NOT APPROVED PFFE RED „`0D Deputy City Clerk day of , 2015, at Mayor, City of South Bend, Indiana Filed in Clark's Office k id'M 5 2 201 JOwl OORDE OrtTy G4 .Rit, SOUTH BEND, IN F616 Office 1 'r CITY 6-,, e,w, IN n 9 E °W m' N l 0 s a VN y FI�`i iN'o� EIU? i3 DI v o yl`d`o A 3� 0 o.a a N C a E al a o ° - p y a E `m `o ary V nl� m� w ~I �It It a_�Ett m !i L,� NE v nn° N�a m,/mlNl� a lla'o s N DI F �= �=��dlt m e �lv`v q1U W d N 'o OI —UU U�U WN Dn 9Y1 Y p0 __FIE IiU1LL OHO 1-l-N O JI_�ONRIiLL�ONN �0 Im`rtlr� 001 OO O�OO OOOOOS�000 O mN N O' OS OOO OO OO OIOOO OOG O0000o pOO O' Op 0 Y1 �� Cy X n IO SW Ooo m�OS pO OS WOO m00NiON <O-Nrf 'O�O PION NIO h'N'mNl�mA N V plC� C � O O N 3 M m� O rW 000 CS lh' ryNW N OOOS CS N' ICS WSW Y'OO �IOrN f�l �N N'W NN00 N N O O d " m` N u5 yyyNNIN MY ului vypN p m a u5 y y N 4 Qlp (3 NrN I a c�l� ° I vQ m° E m °u dl BIASZ9 �m�8�mmm'�SI o ����m�d�dd6�m16161c:' ooa olo 0000000000 6 u iO �`b m Im nln'nlnrn`In m mlmlmlm nn nlnn ''�09: nh n Ecm 999 91919 cv mE `m `m mlm � c c�crN cc. r y C OV YYYYY c c c `hh YY'YY �I YY m m mlm YIYIZY a e $ c'c c _ p LLm �U Div 0l�i I v aWIr 01 z r m W.m V �I,E ELI m m_II mI. E�m NNa ci� E>! 2a ° cda nEm_�Ia.apaNNN S EEE� EE°�I`�EIEEmIo °AEI �- d. .x.31.°39. y. d m.al.- O w mmlml W.w w 000 mw ,wwwc E m nz m ''�` o I I a d U U'UUU'UU and d m m: 0--E a' U°rI�IlU ?d_ I I IC3 I I UaUu U aU:UUUUU'Ud UU U UUU,U:U z 2 o C m -62. dc N-N C ly UUUUUUU2'� d d d N d d a UUUUUUUU'U d N N d N a d 3. i�la:,o ooi�ciloo oroocil000 F616 Office 1 'r CITY 6-,, e,w, IN n 9 E °W m' N l 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAX 574.23 9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE May 29, 2015 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 0 Floor South Bend, Indiana 46601 RE: June 2015 Appropriation Ordinance – Enterprise Funds Dear President Scott, 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 periodically throughout the year. For 2015, we plan to propose adjustments during four time periods — March, June, September 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 June 8, 2015 with 2 11 reading, public hearing and 3`d reading scheduled for June 22, 2015. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards, John H�= qc r ,(c�n lVl ✓�/�i.r City Controller CC: Pete Buttigieg, 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 Filed In Of"WS-0W166 J�'Pd F- 2 ?4115 �_�f'v 6(- (4)3- 3 Z -(s-- ORDINANCE NO. AN ORDINANCE 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 2015 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #10331 -14 passed on October 2'y 2014 and #10323 -14 passed on October 13, 2014) 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 2015. 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 or. Member of the Common Council Attest: City Clerk 1 sf READING 04--( PUBLIC NEARING 3 rd READING NOT APPROVED REFERRED PASSED left i 7, 4 z Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2015, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of 2015 at o'clock . m. Mayor, City of South Bend; . n ork' Officc I CITY'CLERN.:aG, iNszLNID,IN E v E m a 0 120ON COUNTY —CITY BUILDING 227 W. JEFFERSON BLVD. 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 May 29, 2015 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 41h Floor South Bend, Indiana 46601 RE: June 2015 Budget Transfer Ordinance Dear President Scott, 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 periodically throughout the year. For 2015, we plan to propose adjustments during four time periods — March, June, September 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 1st reading on June 8, 2015 with 2 11 reading, public hearing and 3d reading scheduled for June 22, 2015. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards, Jooh'n H. Murphy 2 City Controller CC: Pete Buttigieg, 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 F116 iri M Prk's Office f i� P e :rt,35t #e +: I MITH SEND, IN Q