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HomeMy WebLinkAbout11-09-15 Agenda, Packet & Committee Meeting Notice /(4,t SOUT88F I iJ j W PPAI ky, .'r 86 OFFICE OF THE CITY CLERK JOHN VOORDE,CITY CLERK November 5, 2015 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for Monday, November 9, 2015 at the Council Informal Meeting Room,4th Floor County-City Building, 227 W. Jefferson Blvd.,South Bend, Indiana: 3:45 P.M. ZONING &ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1. Bill No. 47-15—Rezoning—1205 & 1151 Hickory Rd. 2. Bill No. 48-15—Rezoning—1619 & 1623 Franklin St. 3. Bill No. 49-15—Rezoning—1714& 1716 S. Michigan St. 4 Bill No. 64-15—Amend Chapter 21 of the SBMC-Repealing and Replacing Section 21-06.3 Northeast Neighborhood Zoning Overlay District 4:10 P.M. UTILITIES DAVID VARNER, CHAIRPERSON 1. Bill No. 25-15—Amend Chapter 16 of the SBMC regarding to Provide Yard Waste Removal Solely from City Furnished Containers 2. Bill No. 26-15—Amend Chapter 16 of the SBMC regarding Adjusting Fees for City Collection of Disposal of Refuse 3. Bill No. 40-15—Amend Chapter 17 of the SBMC Updating Section 17-14 Addressing Drain And Downspouts Disconnection Requirements 4. Bill No. 68-15—Amend Chapters 6, 17, & 18 of the SBMC to include New Rules, Regulations, and Service Charges for Various permits and Review in Connection with Storm Water Control and Construction in the R-O-W 4:50 P.M. COMMUNITY RELATIONS KAREN L.WHITE, CHAIRPERSON 1. Bill No. 15-98- Encourage Public Participation in the City of South Bend Flag Design Contest and Setting Rules and Regulations for Formal Approval Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Community Relations Committee. 455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601 Phone 574-235-9221 •Fax 574-235-9173•TDD 574-235-5567•www.SouthBendiN.gov KAREEMAH FOWLER JANICE TALBOOM EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK 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. AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, NOVEMBER 9, 2015 7: 00 P.M. 1. INVOCATION 2 . PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS 15-96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY THANKING ALL MILITARY VETERANS FOR THEIR SERVICE TO OUR COUNTY AND HONORING LOCAL HERO KEVIN D. KELSHEIMER FOR HIS DEDICATED SERVICES TO THE LOCAL VETERANS OF OUR COMMUNITY AS THE ST. JOSEPH COUNTY VETERANS SERVICE OFFICER - 15-97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY THANKING ALL MILITARY VETERANS FOR THEIR SERVICE TO OUR COUNTRY AND HONORING ONE OF OUR LOCAL HEROES DANIELLE GREEN FOR HER DEDICATED SERVICES TO THE LOCAL VETERANS OF OUR COMMUNITY AS THE SOUTH BEND VET CENTER' S SUPERVISORY READJUSTMENT COUNSELING THERAPIST TEAM LEADER 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: • BILL NO. 47-15 PUBLIC HEARING AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1205 AND 1151 HICKORY ROAD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 48-15 PUBLIC, HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1619 FRANKLIN STREET AND 1623 FRANKLIN STREET, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 49-15 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 1714 AND 1716 SOUTH MICHIGAN STREET, SOUTH BEND,. INDIANA, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 64-15 PUBLIC HEARING ON A BILL INITIATED BY THE AREA PLAN COMMISSION ON BEHALF OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING CHAPTER 21, ARTICLE 6, SECTION 21-06 . 03 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT OF THE SOUTH BEND MUNICIPAL CODE, AND REPLACING IT WITH A NEW CHAPTER 21, ARTICLE 6, SECTION 21-06 .3 ENTITLED NORTHEAST NEIGHBORHOOD ZONING OVERLAY DISTRICT 25-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL SOLELY FROM CITY FURNISHED CONTAINERS 26-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, SECTIONS 16-6 AND 16-8 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION AND DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS 40-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, BY UPDATING SECTION 17-4 ADDRESSING DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS 68-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTERS 6, 17, AND 18 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES, REGULATIONS, AND SERVICE CHARGES FOR VARIOUS PERMITS AND REVIEWS IN CONNECTION WITH STORMWATER CONTROL AND CONSTRUCTION IN THE RIGHT-OF-WAY 8 . BILLS, THIRD READING TIME: BILL NO. 47-15 THIRD READING AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1205 AND 1151 HICKORY ROAD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 48-15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1619 FRANKLIN STREET AND 1623 FRANKLIN STREET, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 49-15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 1714 AND 1716 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 64-15 THIRD READING ON A BILL INITIATED BY THE AREA PLAN COMMISSION ON BEHALF OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING CHAPTER 21, ARTICLE 6, SECTION 21-06. 03 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT OF THE SOUTH BEND MUNICIPAL CODE, AND REPLACING IT WITH A NEW CHAPTER 21, ARTICLE 6, SECTION 21-06 . 3 ENTITLED NORTHEAST NEIGHBORHOOD ZONING OVERLAY DISTRICT 25-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL SOLELY FROM CITY FURNISHED CONTAINERS 26-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, SECTIONS 16-6 AND 16-8 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION AND DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS 40-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, BY UPDATING SECTION 17-4 ADDRESSING DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS 68-15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTERS 6, 17, AND 18 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES, REGULATIONS, AND SERVICE CHARGES FOR VARIOUS PERMITS AND REVIEWS IN CONNECTION WITH STORMWATER CONTROL AND CONSTRUCTION IN THE RIGHT-OF-WAY 9. RESOLUTIONS BILL NO. 15-98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA, ENCOURAGING PUBLIC PARTICIPATION IN THE CITY OF SOUTH BEND FLAG DESIGN CONTEST AND SETTING FORTH THE GOVERNING RULES AND REGULATIONS FOR FORMAL APPROVAL 10 . BILLS, FIRST READING BILL NO. 70-15 FIRST READING ON A BILL INITIATED BY THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA ON BEHALF OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 ZONING OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY REPEALING AND REPLACING ARTICLE 12 FLOODPLAIN REGULATIONS, IN ORDER TO ADOPT THE MOST RECENT FEDERAL AND STATE REQUIREMENTS 71-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE REFUNDING OF OUTSTANDING SEWAGE WORKS REVENUE BONDS OF 2006, SEWAGE WORKS REVENUE BONDS OF 2007, AND SEWAGE WORKS REVENUE BONDS OF 2007B, EACH ISSUED TO FINANCE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL SEWAGE WORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY-EIGHT MILLION DOLLARS ($28, 000, 000) ; APPROPRIATING MONIES FROM THE RESERVE ACCOUNT FOR SUCH BONDS (#653) ; ADDRESSING OTHER MATTERS CONNECTED THEREWITH; AND REPEALING ORDINANCES INCONSISTENT HEREWITH 72-15 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3055 EDISON ROAD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS A. REQUEST BY THE PETITIONER TO WITHDRAW BILL NO. 20-13 - REZONING FOR 5661 F.J. NIMTZ PARKWAY B. REQUEST TO ACCEPT THE SUBSTITUTE VERSION OF BILL NO. 69- 15 - AMENDING CHAPTER 21 OF THE SBMC TO INCLUDE NEW SERVICE CHARGES IN CONNECTION WITH THE DEVELOPMENT PLAN APPLICATION PROCESS AND SET IT FOR PUBLIC HEARING AND THIRD READING AND SEND IT TO THE ZONING & ANNEXATION COMMITTEE FOR 11/23/15 12 . NEW BUSINESS 13 . PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council's website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. c6, (.1 A , T2 --(S ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1205 AND 1151 HICKORY ROAD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Zoning from 0 Office District to SF1 Single Family & Two Family District to allow the properties to remain as Single Family Homes NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot 633 & the N. 35' of Lot 632 of McKinley Terrace Sec B be and the same is hereby established as SF1 Single Family/Two Family 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 �, 3 r i " 1s an ' ' and Attest: cJ�/�-e'{� �yo . City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana Filar In ,.e tv-1 Est READING L1 21 n15 PUBLIC HEARING Y —1 3 rd READING NOT APPROVED JCS alt/ -D IN REFERRED A-I'L CITY VI--• PASSED 1:31° LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 October 21, 2015 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Bill#47-15 Rezoning: 1151 & 1205 Hickory Road (Cornerstone Homes, LLC) Dear Council Members: The following changes have been made to the Ordinance for the above referenced petition: Ordinance: 1.) Original ordinance proposed zoning to OB Office Buffer District; new ordinance proposes zoning from 0 Office District. A Copy of the revised Ordinance is attached. If you have any further questions, please feel free to contact me at(574) 235-9571. Sincerely, -7// Matthew P. Chappuies, Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W .STIOSEPHC 0 U NTYINDIAN A COM/AREAPLAN LAWRENCE P. MAGLIOZZI C EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 Wednesday,October 21,2015 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed ordinance of Cornerstone Homes to zone from 0 Office District to SFI Single Family&Two Family District,property located at 1151 and 1205 Hickory Road,City of South Bend-APC#2754-15. Dear Council Members: I hereby Certify that the above referenced ordinance of Cornerstone Homes was legally advertised on Thursday, October 08,2015 and that the Area Plan Commission at its public hearing on Tuesday,October 20,2015 took the following action: Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried,a proposed ordinance of Cornerstone Homes to zone from 0 Office District to SF1 Single Family&Two Family District, property located at 1151 and 1205 Hickory Road,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Since these homes were never converted into office uses,allowing them to rezone back to a residential district will allow them to continue to be used as residences and be in conformance with the zoning ordinance. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, 13 Lawrence P. Magliozzi Attachment CC: Cornerstone Homes Cheryl)J. Boren Zachary Curl Cornerstone Homes C/O Eric Deniger SERVING ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND •ww.S TIO 5E P H CO UNTYiN O I A N A.COM/A REAP L AN Staff Report 10/7/2015 APC# 2754-15 Owner: Cornerstone Homes Location: 1151 and 1205 Hickory Road Jurisdiction: City of South Bend Public Hearing Date: 10/20/2015 Requested Action: The petitioner is requesting a zone change from 0 Office District to SF Single Family& Two Family District. Land Uses and Zoning: On site: On site are two existing single family homes. North: To the north are single family homes zoned SF1 Single Family& Two Family District. East: To the east across Hickory Road is a dentist office in the City of Mishawaka. South: To the south is a single family home zoned 0 Office District. West: To the west are single family homes zoned SF1 Single Family& Two Family District. District Uses and Development Standards: The SF1 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g.,public water, public sanitary sewer, storm sewer, natural gas, electricity,telephone, etc.) is required for development within this district. Site Plan Description: Rezonings and petitions to SF1 Single Family&Two Family District do not require a site plan. Zoning and Land Use History And Trends: In 2009,these homes, along with the house to the immediate south were rezoned from SF I Single Family&Two Family District to 0 Office District. All three homes have remained in use as single family residences. The west side of Hickory between Catalpa and Corby Boulevard rezoned to 0 Office District between 1989 and 2009. Traffic and Transportation Considerations: Hickory Road has four lanes. Utilities: This site is served by municipal sewer and water. APC # 2754-15 Page 1 of 3 Staff Report 10/7/2015 Agency Comments: County Surveyor recommends approval. City Engineer recommends approval,but makes the following comments: surface water connections to the sanitary sewer should be severed, if applicable; building should connect to municipal utilities, if not already connected; hard surface pavement should be provided for driveways; the existing curb cuts should be utilized for access,with no additional openings; shrubbery at sidewalk should be trimmed to provide sightlines to pedestrians. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: This rezoning petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006): Objective H: Policy 2.6: Encourage homeowners to maintain their homes. Land Use Plan: The Future Land Use Map identifies this area as mixed use. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Hickory Road is a commercial corridor with a mix of uses. Hickory Road, between Corby Boulevard and Rexford Drive, has developed predominantly with office-type uses. 3. Most Desirable Use: The most desirable use for this site is one that is compatible with the low-impact mixed- use character of the area. 4. Conservation of Property Values: Due to the nature of single and two family homes, adjacent property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible development and growth to allow these homes to rezone back to a residential district. Staff Comments: The staff has no additional comments. Recommendation: Based on information available prior to the public hearing,the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. 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I' ...,„.i 4 II I ., Rezoning from: "0" OFFICE DISTRICT to "SF1" SINGLE FAMILY & TWO FAMILY DISTRICT N MASTER ZONING KEY '" `r--. - E m1 SHAWAKA S 1 SOUTH BEND "SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT inch = 2000 feet SOUTH BEND "O"OFFICE DISTRICT APC # 2754- 15 C LAWRENCE P. MAGLIOZOR EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235.9571 Wednesday,October 21,2015 The Honorable Council of the City of South Bend l T✓ --' 4th Floor, County-City Building J1 South Bend, IN 46601 RE: A proposed ordinance of Eggers Real Estate LLC to zone from SF2 Single Family&Two Family District to LI Light Industrial District and property located at 1619& 1623 Franklin Street,City of South Bend-APC# 2756-15. Dear Council Members: I hereby Certify that the above referenced ordinance of Eggers Real Estate LLC was legally advertised on Thursday, October 08,2015 and that the Area Plan Commission at its public hearing on Tuesday,October 20, 2015 took the following action: Upon a motion by John McNamara,being seconded by Oliver Davis and unanimously carried,a proposed ordinance of Eggers Real Estate LLC to zone from SF2 Single Family&Two Family District to LI Light Industrial District property located at 1619& 1623 Franklin Street,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. This rezoning will allow for the appropriate expansion of an industrial property in a mixed use neighborhood. The landscaping will serve as a significant buffer between this site and the adjacent residential uses. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, 1 1/44._ P. Mac?Lawrence P. Magliozzi Attachment CC: Eggers Real Estate LLC SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND www,STIOSEPMCO V NTYINOIANA,COM,AREAPLAN Staff Report 10/7/2015 APC# 2756-15 Owner: Eggers Real Estate LLC Location: 1619 & 1623 Franklin Street Jurisdiction: City of South Bend Public Hearing Date: 10/20/2015 Requested Action: The petitioner is requesting a zone change from SF2 Single Family& Two Family District to LI Light Industrial District and seeking two variances from the development standards. Land Uses and Zoning: On site: On site is an existing single family house. North: To the north is the South Bend Form Tool facility zoned LI Light Industrial District. East: To the east across Franklin Street is a roofing and sheet metal facility zoned GI General Industrial District. South: To the south are vacant lots zoned SF2 Single Family&Two Family District. West: To the west are single family homes zoned SF2 Single Family&Two Family District. District Uses and Development Standards: The LI Light Industrial District is established to provide for development of office/warehouse, warehouse/distribution, wholesale, assembly and manufacturing or processing facilities which are clean,quiet, free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Permitted uses in this district tend to generate heavy traffic, require extensive community facilities, and may require limited amounts of outdoor storage. The LI District is also intended to function as a transitional district between the more intense general industrial districts and other less intense districts. Site Plan Description: The site consists of two narrow residential lots,totaling 0.23 acres. The existing residential structure will be razed to make room for a 2,880 square foot storage warehouse. The petitioner is proposing a 10' setback from the west and south property lines. The west property line,which is separated from the adjacent residential district by an alley, and the south property line will be screened with Type C: Full Screening Landscaping. The building will be accessed from a new concrete drive that will adjoin with the existing parking lot to the north. Zoning and Land Use History And Trends: This site has been zoned SF2 Single Family& Two Family District since 2004. Traffic and Transportation Considerations: Franklin Street has two lanes. APC # 2756-15 Page 1 of 3 Staff Report 10/7/2015 Utilities: The site will continue to be served by municipal sewer and water. Agency Comments: County Surveyor recommends approval. City Engineer recommends approval subject to the final drainage plan. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006): Objective ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city;and Policy ED 2.3: Create opportunities for manufacturing companies to locate in the community. Land Use Plan: The Future Land Use Map identifies this area as medium density residential. Plan Implementation/Other Plans: The Rum Village Neighborhood Action Plan (1995) identifies this area for small office/service uses. 2. Current Conditions and Character: The area to the north of Indiana Avenue and to the east of Franklin Street have developed as industrial districts. The area to the southwest of the site begins the residential Rum Village Neighborhood. 3. Most Desirable Use: The most desirable use is one that is compatible with the industrial character of the area, while limiting any negative impact to adjacent residential properties. 4. Conservation of Property Values: Due to the full screening landscaping that will be installed to the south and west property lines, surrounding property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible development and growth to allow this existing and prospering industrial area to expand a limited amount into an underutilized residential block. Staff Comments: This is a combined public hearing procedure, which includes a rezoning and 2 variances from the development standards. The Commission will forward the rezoning to the Common Council with or without a recommendation and either approve or deny the variances. APC# 2756-15 Page 2 of 3 Staff Report 10/7/2015 The variances are as follows: 1) from the required 50'side residential bufferyard to 10'; and 2)from the required 50'rear residential bufferyard to 10'. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. (1)The approval will not be injurious to the public health, safety, morals, and general welfare of the community. The proposed setbacks are consistent with the LI Light Industrial District. This development will remove an abandoned house and a vacant lot from the neighborhood. (2)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The value of the adjacent industrial properties will not be affected by the addition on an industrial building. The value of the surrounding residential properties will not be adversely affected due to the substantial screening that will be installed. (3)The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. The strict application of the residential bufferyard setbacks would not allow this site to develop as any type of industrial use. Recommendation: Based on information available prior to the public hearing,the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of both variances. Analysis: This rezoning will allow for the appropriate expansion of an industrial property in a mixed use neighborhood. The landscaping will serve as a significant buffer between this site and the adjacent residential uses. APC # 2756-15 Page 3 of 3 �t ,; 3 ti °as h' ' Y,,?- �° ;. r- ,4 , REZ0NING- A} .a I'''"`AP' i:� j `♦}5 ,t T vr'C7' .,. . ;- fst i+ , d.r .4'11Y,+t ['' �. max 5.....y:...,..- i.-F � 1 - •.,•. t Y t*;:::.7,!'r. 410;,;(', . !(,.;.a +1� .•ta les Y��36 `ri^'i 're(�.r•S;;'-''''4 •1. 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Rezoning from: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "LI" LIGHT INDUSTRIAL DISTRICT MASTER ZONING KEY N SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT ->r.,7*--..,..' '; W it E SOUTH BEND "MF1-' URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "MU' MIXED USE DISTRICT S SOUTH BEND 'LI' LIGHT INDUSTRIAL DISTRICT 1 inch = 1000 feet SOUTH BEND GI GENERAL INDUSTRIAL DISTRICT APC # 2756-15 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1619 FRANKLIN STREET AND 1623 FRANKLIN STREET, COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT TO REZONE THE PROPERTY FOR THE EXPANSION OF AN EXISTING INDUSTRIAL USE 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: SOUTH 1/2 OF LOT 36 STULLS 5TH ADDITION AND 33 FT OF THE NORTH SIDE OF LOT 37 STULLS 5TH ADDITION be and the same is hereby established as LI Light Industrial District SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 , at o'clock .m. City Clerk Approved and signed by me on the day of , 20 ,at o'clock .m. Mayor of the City of South Bend, Indiana File� Ce Is READING " ` . J PUBLIC HEAR;Nr- Jelin; ( rd READING ( CITY GLl RK,sCi.r`14$;ENO,p6V NOT APPROVED I CV.IC REFERRED A,e- 4. PASSED C LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 Wednesday,October 21,2015 _ I ,�y f The Honorable Council'of the City of South Bend c J L �`� l 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Joseph T. Taylor, Sr.to zone from MU Mixed Use District to LB Local Business District, property located at 1714 and 1716 South Michigan Street,City of South Bend-APC#2757-15. Dear Council Members: I hereby Certify that the above referenced ordinance of Joseph T.Taylor, Sr. was legally advertised on Thursday, October 08,2015 and that the Area Plan Commission at its public hearing on Tuesday,October 20,2015 took the following action: Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried,on a proposed ordinance of Joseph T.Taylor, Sr.to zone from MU Mixed Use District to LB Local Business District, property located at 1714 and 1716 South Michigan Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Allowing this vacant commercial property to rezone to LB Local Business District will provide a greater range of allowable uses,further supporting Michigan Street as an important neighborhood business corridor. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely,_ P Lawrence P. Magliozzi ���� Attachment CC: Joseph T. Taylor, Sr. Danch, Harper&Associates SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND W W W. TiO S E P H CO UN T V INOI AN A.COM/AREAPLAN Staff Report 10/7/2015 APC # 2757-15 Owner: Joseph T. Taylor, Sr. Location: 1714 and 1716 South Michigan Street Jurisdiction: City of South Bend Public Hearing Date: 10/20/2015 Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to LB Local Business District,and seeking one variance from the development standards. Land Uses and Zoning: On site: On site is an existing mixed-use residential and commercial building. North: To the north is a commercial building zoned MU Mixed Use District. East: To the east is a single family home zoned SF2 Single Family & Two Family District. South: To the south is a vacant pool supply store zoned MU Mixed Use District. West: To the west across Michigan Street is a restaurant zoned LB Local Business District. District Uses and Development Standards: The LB District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the LB Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. Site Plan Description: This site consists of two lots, totaling 0.36 acres. The existing building,which will remain on site, consists of a retail storefront and a residential-type structure in back. The existing storefront was constructed adjacent to the sidewalk, as is common with many commercial structures along this corridor. The petitioner is showing a newly paved surface lot.New and additional landscaping will be installed between the parking lot and the sidewalk along Michigan Street and along the alley in rear. Access to the site will be from the public east-west alley to the north. The primary customer entrance for the retail portion of the site would be along Michigan Avenue. The second floor is proposed as office space with access from the parking lot. Zoning and Land Use History And Trends: This site has been zoned MU Mixed Use District since 2004. Traffic and Transportation Considerations: Michigan Street has three northbound-only lanes and on-street parking on both sides. APC # 2757-15 Page 1 of 3 Staff Report 10/7/2015 Utilities: This site will continue to be serviced by municipal sewer and water. Agency Comments: ;ounty Surveyor recommends approval. City Engineer recommends approval, subject to approval of a drainage plan and also notes that the alley to the north requires clearance of brush and vegetation, and that the trees along Michigan Street require trimming to provide line-of-sight from the alley to Michigan Street traffic to at least 7' above the sidewalk. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006): Policy ED 1.2: Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Map identifies this area as Mixed Use. Plan Implementation/Other Plans: The Southeast Neighborhood Strategic Action Plan(1995) identifies this area as a commercial corridor. 2. Current Conditions and Character: Main Street and Michigan Street form an arterial commercial corridor that extends from downtown South Bend to Ireland Road. 3. Most Desirable Use: The most desirable use is one that is compatible with the mixed-use nature of the area, while limiting any negative impact on the residential properties to the east. 4. Conservation of Property Values: Due to the nature of the existing commercial properties along this corridor, surrounding property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible development and growth to allow properties along commercial corridors to adapt to better accommodate market demand. Staff Comments: This is a combined public hearing procedure, which includes a rezoning and 1 variance from the development standards. The Commission will forward the rezoning to the Common Council with or without a recommendation and either approve or deny the variance. APC# 2757-15 Page 2 of 3 ,Staff Report 10/7/2015 The variance is as follows: 1) From the required foundation landscaping to none. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. (1)The approval will not be injurious to the public health, safety, morals, and general welfare of the community. The absence of foundation landscaping will be consistent with the rest of the businesses along Michigan Street. (2)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. Perimeter landscaping and parking screening are being added,which will enhance the area. (3)The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. Since the building is built up to the sidewalk,there is not adequate spacing to install landscaping without modifying the existing structure. Recommendation: Based on information available prior to the public hearing,the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of the variance. Analysis: Allowing this vacant commercial property to rezone to LB Local Business District will provide a greater range of allowable uses, further supporting Michigan Street as an important neighborhood business corridor. APC# 2757-15 Page 3 of 3 ;., ' t*' o- •Indiana n 4 ''x11eR3''S REZONIN } ' . -•'• t .. il - .5., 15 Y - I-_ L_ : t,� I a _.a 1 11) a % j `• !TN rJ r• ..I � i�s i•6 •`I r, - � _, I - -, 11:' ' - J ' r t . .•i I F C. 11 • l' I ' 1 .l L - I 1 .I _ ' , i'tY: _,- r - u yt"i'' r' -' -r ,� •- S t I a ,..I r .' 'III•• Ir i '', ,� t, ,eF.t'. 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T SF2 e�3 r r w t r ;e m, • �y }y /,t' - { Dayton • q t ti< , "ll r L t �. �X t,. f C• r7�.F .yi v r➢ -W ifV• Dayton _ r . A (! = MU SF SF2 N III i-- _..._.„n_.......... . t. "; y I C 1E•i T !!'MU - , f SF2'- t--SF2, fi LI ,_ p", ',- iti, Y __ "U rJ #y■ GB - GB r, t `� ,. Rezoning from: "MU" MIXED USE DISTRICT to "LB" LOCAL BUSINESS DISTRICT MASTER ZONING KEY N SOUTH BEND *SF2' SINGLE FAMILY AND TWO FAMILY DISTRICT !, w -t; ' E SOUTH BEND "MU" Iy1IXED USE DISTRICT '' � SOUTH BEND "LB LOCAL BUSINESS DISTRICT S SOUTH BEND -"GB"GENERAL BUSINESS DISTRICT 1inch = 1500 feet SOUTH BEND "LI LIGHT INDUSTRIAL DISTRICT APC # 2757-15 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 1714 AND 1716 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTIES FROM MU MIXED USE DISTRICT TO LB LOCAL BUSINESS DISTRICT TO ALLOW FOR A LIQUOR STORE AND/OR OTHER PERMITTED LB LOCAL BUSINESS USES. 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: A part of the Southwest Quarter of Section 13, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana which is described as: Lots # 1 and 2 of the plat of"Dubails' 1s` Addition" as recorded in the records of the St. Joseph County, Indiana Recorder's Office. Containing 0.36 acres more or less. Subject to all legal highways, easements and restrictions of record. be and the same is hereby established as LB Local 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 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. 2 City Clerk Approved and signed by me on the day of , 20 ,at o'clock .m. Mayor of the City of South Bend, Indiana A=iled in ClArk'e Office -tt-t-tr 5EP 1 et READING PUBLIC HEARING 3rd READING J01114 w'_ L•; NOT APPROVED CITY CLERIC,scum riEND,IN REFERRED fr.P '1—t`(4 Y PASSED • 6 ( k,\ P (1/4k-0 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 Wednesday, October 21,2015 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A proposed Ordinance initiated by the Area Plan Commission on behalf of the Common Council of the City of South Bend, Indiana, repealing Chapter 21, Article 6, Section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District of the South Bend Municipal Code, and replacing it with a new chapter 21, Article 6, Section 21-06.03 entitled Northeast Neighborhood Zoning Overlay District-APC#2732-15. Dear Council Members: I hereby Certify that the above referenced ordinance of the Area Plan Commission on behalf of the Common Council of the City of South Bend was legally advertised on Thursday, October 08, 2015 and that the Area Plan Commission at its public hearing on Tuesday, October 20, 2015 took the following action: Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried,the Ordinance initiated by the Area Plan Commission on behalf of the Common Council of the City of South Bend, Indiana, repealing Chapter 21, Article 6, Section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District of the South Bend Municipal Code, and replacing it with a new chapter 21, Article 6, Section 21-06.03 entitled Northeast Neighborhood Zoning Overlay District, is sent to the Common Council with a FAVORABLE recommendation, AS AMENDED. The new Section 21-06.03 re-defines the boundary for what used to be called the Northeast Neighborhood Development Area which no longer exists,and it revises and updates definitions and development standards applying the development experiences that have occurred to date. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.STI OSEPH CO U NT YI NDI ANA.0 0 M/AREAPLAN Staff Report 10/1/2015 APC # 2732-15 Owner: APC Initiated Location: Text Amendment Jurisdiction: City of South Bend Public Hearing Date: 10/20/2015 Requested Action: The requested action is to replace Section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District with a new Section 21-06.03 Northeast Neighborhood Zoning Overlay District. Staff Comments: The staff has initiated this ordinance based on discussions with the NNRO and the Building Department,where certain terms and development standards have caused conflicts in interpretation of several design standards, and where certain standards may be a practical barrier to construction projects. A number of definitions have been either added or revised, and design standards terminology added and clarified for better understanding and enforcement. In addition,the recent expansion of the NNDA boundary into the new River East Development Area,technically dissolved the former NNDA boundary and its designation as a Development Area. This text amendment re-establishes the zoning overlay district as a separate and distinct overlay area from the River East Development Area. Recommendation: Based on information available prior to the public hearing,the staff recommends that the text amendment be sent to the Common Council with a favorable recommendation. Analysis: The new Section 2,1-06.03 re-defines the boundary for what used to be called the Northeast Neighborhood Development Area,which no longer exists,and revises and updates definitions and development standards applying the development experiences that have occurred to date. UNIVERSITY OF NOTRE DAME Northeast Neighborhood 415 Main Building,Notre Dame,IN 46556 Redevelopment Phone(574) 631-9979 Fax(574)631-4097 October 15,2015 Area Plan Commission of St.Joseph County,Indiana 1140 County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 Re: Support for APC#2732-l5/Northeast Neighborhood Zoning Overlay District To the Members of the Area Plan Commission: I'm writing to express the support of the University of Notre Dame for APC#2732-15,which repeals the Northeast Neighborhood Development Area("NNDA") Overlay Zoning District and replaces it with an updated and revised version entitled the Northeast Neighborhood Zoning Overlay("NNZO")District. Replacing the NNDA with the NNZO accomplishes two basic goals: I. It restores the overlay district,which was technically dissolved when the City's TIF area boundaries were redrawn;and 2. It updates and corrects a number of features of the original NNDA.It is to this second issue that we wish to speak. The original NNDA was sponsored by the Northeast Neighborhood Revitalization Organization ("NNRO")in collaboration with APC staff,neighborhood residents,and local developers.It was intended to enhance and perpetuate the redevelopment momentum in the Northeast Neighborhood created by Eddy Street Commons, the Notre Dame Avenue Housing Program, The Triangle, and the many affordable housing projects sponsored by the NNRO/South Bend Heritage Foundation. The goal was to establish standards for new development(the requirements do not apply to existing structures)consistent with what was already happening in the neighborhood: high-quality, traditional design coupled with strong functionality.It was also designed to provide guidance on issues left unaddressed by existing zoning. As part of the team that drafted the original NNDA, 1 can say without hesitation that experience has revealed a number of areas in which the original text needed to be clarified and even corrected. It is difficult, if not impossible, for any group to create a zoning document that perfectly anticipates every need and situation,and this group proved no different. We identified over time numerous issues that we felt needed revision, and the redrawing of the TIF boundaries—which technically voided the NNDA — gave us the perfect opportunity and reason to do so. n,zu.�,............._.....___,... FILED OCT 16 2015 AREA PLAN COMMISSION N.D. �4xi•:: N1732 (C. r A careful reading of the red-lined changes reveals that the revised NNZO is simply a refinement of the NNDA, not a dramatic change in direction. The team that redrafted the document did so carefully and with the input of City/County staff, so that we could "batch process" the needed changes rather than address them individually.We think that the resulting document before you accomplishes this goal. We ask that you send the Northeast Neighborhood Zoning Overlay District to the Common Council with a favorable recommendation. Thank you for your consideration. Sincerely, Gregory P.Hakanen Director,Northeast Neighborhood Redevelopment 4 FILED OCT 16 2015 AREA Pt AN COMMISSION Ordinance No. AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION ON BEHALF OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,REPEALING CHAPTER 21,ARTICLE 6, SECTION 21-06.03 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT OF THE SOUTH BEND MUNICIPAL CODE, AND REPLACING IT WITH A NEW CHAPTER 21,ARTICLE 6, SECTION 21-06.03 ENTITLED NORTHEAST NEIGHBORHOOD ZONING OVERLAY DISTRICT. 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 in May 2004. A subsequent amendment in 2011 established the Northeast Neighborhood Development Area (NNDA) Overlay Zoning District. On November 10, 2014 the Redevelopment Commission adopted Resolution #3255 modifying and confirming a declaratory resolution and amendment to the Development Plan for the Northeast Neighborhood Development Area. Resolution #3255 expanded the NNDA by incorporating adjacent Development Areas, creating the River East Development Area. Section 21-06.03 was only intended to address the original boundaries of the NNDA. In addition, practical applications in the construction of new homes in the NNDA on existing and replated lots has required the need to clarify and update a number of development standards and definitions so as to meet current terminology and lessen confusion. 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, Article 6 Overlay and Special Use Districts, Section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District is hereby repealed in its entirety and replaced with a new Article 6 Overlay and Special Use Districts, Section 21-06.03 Northeast Neighborhood Overlay Zoning District, as follows: Sec. 21-06.03 Northeast Neighborhood Overlay Zoning District Notwithstanding any provision elsewhere in the South Bend Zoning Ordinance ("hereafter referred to as "SBZO") to the contrary, all new development within the Northeast Neighborhood Zoning Overlay District("hereafter referred to as "NNZO") shall be subject to the following regulations. In the case of conflict between the provisions of this NNZO and other provisions of the SBZO,the provisions of this NNZO shall control. (a) Intent. It is the intent of this NNZO to codify a number of the recommendations of the Northeast Neighborhood Design Guidelines (Edition—Revised: August 2009) which are most relevant and applicable to new development in the NNZO. By codifying a number of the recommendations of the Northeast Neighborhood Design Guidelines,the NNZO accomplishes the following purposes: (1) To establish a comprehensive design approach for the NNZO; (2) To encourage high-quality design of future buildings and site development that preserves and enhances the character of a traditional neighborhood; (3) To create a strong,unique neighborhood identity image; (4) To provide a range of design options to address future development opportunities; and, (5) To instill and enforce the sense of"pride of place" among residents,businesses, and property owners. (b) Applicability (1) New Development—The regulations contained in this NNZO shall be applicable to all new construction on real property located within the area designated as the Northeast Neighborhood Zoning Overlay District on the Zoning District Map for the City of South Bend. In order to assure the compatibility of new development within the NNZO area with that of the surrounding community, any new building, structure or sign within the NNZO after the effective date of the NNZO shall be subject to the regulations contained in this NNZO. Renovations or expansions of existing buildings, structures, or signs are not subject to the regulations of this NNZO but shall be subject to all applicable regulations of the underlying zoning district. (2) Land Use—The land use permitted on any individual lot with this NNZO shall be determined by the underlying zoning district. (3) Development Standards—The determination of which of the development standards and regulations of this NNZO shall be applicable to a particular lot, project or development shall be determined by the proposed use of the real property, not by the underlying zoning district. (4) Special Exception Uses—For those uses which must be reviewed by the Board of Zoning Appeals and approved by the Common Council through a Special Exception Use in accordance with the underlying zoning,the applicable regulations of this NNZO shall be determined by the Board of Zoning Appeals and the Common Council as part of their determination of the appropriateness of the use. (5) Planned Unit Development—As part of an application for a Planned Unit Development, the applicant may propose alternative development standards that do not adhere to the standards of the NNZO. If approved by the Common Council, these alternative development standards will control the development of the site. In the event that no alternative development standards are proposed, then the standards contained within this NNZO will govern. (c) Definitions. In addition to the definitions contained in Article 11, Section 21-11 Definitions, the following definitions apply in this NNZO. (1) American Foursquare Style—An American house style popular in the mid-1890s to the late 1930s that incorporates elements of the Prairie and Craftsman styles. Hallmarks of the style include a basically square,boxy shape, two-and-one-half stories high, large front porch, and commonly a hipped roof, as referenced by the accompanying graphic. „IC ' �I J ;,'Atl i] 9!! c7 Iq 1 I El E44 s 1a 11C 1131! n � , (2) Arcade—A line of arches supported by columns or piers attached to a solid wall creating a passageway(i.e. Covered access to adjacent shops). (3) Architectural Style—Classification used to characterize the wide variety/range of features, such as appearance, form, and materials that make a building or other structure notable and historically identifiable(e.g. Some of the more identifiable architectural styles of the Northeast Neighborhood include American Foursquare, Colonial Revival, Craftsman, Prairie, and Tudor). (4) Articulation - The relationship of contacting surfaces to create a series of plane changes in order to avoid a flat appearance. (5) Atrium -An opening connecting two or more stories other than enclosed stairways, elevators,hoistways, escalators,plumbing, electrical, air-conditioning or other equipment, which is closed at the top and not defined as a mall. (6) Bay- One unit of a building that consists of regularly repeated spatial elements making a vertical division in a structure, commonly defined by the number of window and door openings per floor or by the space between columns and/or piers. (7) Belt Course-A narrow, horizontal band projecting from the exterior walls of a building,usually defining the interior floor levels. (8) Brace- A diagonal stabilizing member of a building frame. (9) Bracket-A support element under eaves, shelves or other overhangs; often more decorative than functional. (10) Building Mass-The relationship between height, width and depth of a building or structure (e.g. House massing may consist of a Primary House Form, front Porch/Portico or Entry Form, Secondary Additive Form and a Garage), as referenced by the accompanying graphic. `.- . I'm "n1 i 1! 1 RR d !!_ -- El ' 1 IIaI L- GARAGE C� FORM SECONDARY pRIMAR ADDITIVE FORM PORCH OR HOUSE FORM ENTRY FORM (11) Building Scale- The relationship of a particular building, in terms of building mass, to other nearby and adjacent buildings. (12) Cantilever- A projecting beam or part of a structure fixed at one end,projecting beyond its vertical support. (13) Casement Window- A window with sash hung vertically and swinging inward or outward. (14) Colonial Revival Style-A nationalistic design movement in the United States in the late 19th century-mid 20th century that sought to revive elements and features of architectural style borrowed from earlier British colonial period houses of the early 19th century. Identifying features include a facade with normally symmetrically balanced windows and accentuated front door, often centered as referenced by the accompanying graphic. IT it T _ T� a 11 ',. — o Fiji iaa ;I l 1 ii, a loo �.I, _In- (15) Cornice-Projecting ornamental molding along the top of a building or wall. (16) Craftsman Style- A style derived from the British Arts & Crafts movement from the late 19th century. It originated in southern California and was the dominant style for smaller houses (e.g. Bungalow)built throughout the United States until the early 1920s, as referenced by the accompanying graphic. j l i b 'I0 6 !i_ A R k it - r ulll I l4 p:la I III I 11111911 lll Vigil (17) Cupola- A dome shaped roof on a circular base, often set on the ridge of a roof. (18) Decorative Fence—A fence made of metal or wood with open areas representing not less than 70%of the fence area. Chain link,barbed wire or similar style fences shall not be considered decorative. (19) Decorative Exterior Wall—A wall made of stone, brick, split-face concrete block, or other decorative unit masonry material. Plain concrete block shall not be considered decorative. (20) Dormer- A vertically set window on a sloping roof; the roofed structure housing such a window. (21) Eaves- The projecting overhang at the lower edge of a roof. (22) Egress- An exit. (23) Façade—External face of a building. (24) Flat Roof- A roof that has no perceptible pitch or slope. (25) Fenestration- The arrangement,proportioning and design of windows and doors in an exterior wall of a building. (26) Gable-A triangular exterior wall segment immediately under a double pitched roof(e.g. gabled roof), as referenced by the accompanying graphic. (27) Gambrel Roof- A symmetrical ridged roof with two slopes on each side, the upper slope is at a shallow angle and the lower slope the steeper pitch, as referenced by the accompanying graphic. (28) Hipped Roof-A roof with four uniformly pitched sides, without gables, as referenced by the accompanying graphic. (29) Ingress -An access or entry point. (30) Lintels - A beam supporting the weight above a door or window opening. (31) Mansard Roof- A roof that has two slopes on all four sides, the lower slope being much steeper, as referenced by the accompanying graphic. (32) Masonry- Wall construction of cut, shaped or molded units such as stone, brick, concrete, adobe, etc. (33) Modern Style—An overarching architectural movement that gained global popularity at the turn of the 20th century that was primarily driven by technological and engineering developments. Common characteristics include simplicity and clarity of forms and elimination of"unnecessary detail", materials at 90 degrees to each other, visual expression of structure,use of industrially- produced materials and a visual emphasis on horizontal and vertical lines, as referenced by the accompanying graphic. i ' ItYi ==.= DOD I E algra n�il • (34) Molding-A type of trim that is applied to a vertical surface. (35) Mullion-A vertical member separating, and often supporting, windows, doors or panels set in a series. (36) Parapet- A low, solid,protective wall or railing along the edge of a roof or balcony. (37) Pavers -Preformed paving blocks that are installed on the ground to form patterns while at the same time facilitate pedestrian and vehicular travel. (38) Plaza-An open space that may be improved and landscaped, usually surrounded by streets and buildings. (39) Porch—Roofed structure attached to the front, side or back exterior of the building, used to shelter at a building entrance and occupy(e.g. Seasonal living space), as referenced by the accompanying graphic. / iiim 'uiii .' it ' ! it r IIII (40) Portico - Roofed porch-like structure, often open along the front side, but may be enclosed and connected to the Primary Building Frontage at the primary building entrance, often supported by columns; used to shelter at an entrance and is not occupied (e.g. Covered passage), as referenced by the accompanying graphic. 11/-141-V11417 n i'iS'� IN I^ ie II 1 ce' 11 iii III INS 4°°� (41) Primary Building Frontage—The side of a building facing the primary street located on side-by-side lots, corner lots and double frontage lots, which contains the primary building entrance. (42) Prairie Style—An American house style of the late 19th and early 20th century that is usually marked by horizontal lines,hipped roofs with widely overhanging eaves, windows grouped in horizontal band, with design aesthetics of the British Arts and Crafts movement (e.g. Architect Frank Lloyd Wright, a proponent of the style, emphasized the horizontal lines responding to the flatness of the Midwestern prairie), as referenced by the accompanying graphic. 4 i9 p L ; 8g[ �r TER I! — % ii � h (43) Primary House Form - The largest mass of a house (e.g. Secondary House Form is a smaller mass and subordinate to it). See "Building Mass"definition. (44) Secondary House Form - The smaller mass of a house that is subordinate to the Primary House Form (e.g. largest mass). See "Building Mass"definition. (45) Secondary Building Frontage—The side of a building on a corner lot facing the secondary street, which does not contain the primary building entrance. (46) Setback- The horizontal distance measured between a building wall and its property lot lines (e.g. Front yard, rear yard and side yard). (47) Sill - The lowest horizontal member at the inner structure of a wood-framed wall, normally resting on and anchored to a foundation wall. (48) Spindle-A turned wooden element, often used in screens, stair railings and porch trim. (49) Steeply-sloped -Having a pitch of 10/12 or greater for a minimum horizontal distance of thirty-six inches (36"). (50) Street: Primary—The street on which the parcel's front lot line abuts and address is platted. (51) Street: Secondary—The street that intersects with the Primary Street on which the parcel's side lot line abuts (e.g. Corner lot). (52) Streetwall - The continuation of building facades along a Primary Street. (53) Step back -An architectural element in which the upper stories of a tall building are stepped back from the lower stories. (54) Transom - A crosspiece separating a doorway from a window or fanlight above it. . (55) Tudor Style- A transitional style of English architecture that was prominent from 1890 to 1940 in America. Homes were built using late Medieval and early Renaissance styles characterized by steep cross-gabled roofs, often punctuated by small dormers, tall,narrow, casement windows in multiple groups, half-timbering, and massive decorative chimneys, as referenced by the accompanying graphic. I/k 1 �� �� `: �. - Tirci \` 'nigh tir ::IIM (56) Turret-A small, slender tower usually at the corner of a building,often containing a circular stair. (57) Uplight-A decorative light fixture used to accent architectural elements or landscaping. (58) Vault-An arched ceiling of masonry. (59) Veranda-A roofed open gallery or porch. (d) Single Family and Two-Family Residential All new single family and two-family residential construction shall comply with the following regulations: (1) Single Family and Two-Family Residential Building Massing (A) Angular or curved building massing is prohibited. • (B) Building heights shall not be less than one (1) story or fifteen feet(15') and shall not exceed two-and-a-half(2 %) stories or thirty-five feet (35'). (C) Front entry door(s) shall be located on the Primary Building Frontage and shall face the Primary Street. (D) A Front Porch or Portico is required and shall be attached to the Primary Building Frontage. A Porch shall have a minimum depth of six feet (6') and cover a minimum of fifty percent (50%)of the Primary House Form. A Portico shall have a minimum depth of four feet(4') and cover a minimum of thirty percent (30%) of the Primary House Form, as referenced in the accompanying graphic. [fi FE r F—R1 �- -1 r 4--250% I I I a30% PORCH PORTICO (2) Single Family and Two-Family Residential Roof Shapes (A) Hipped and gabled roofs are acceptable roof types. (B) Mansard,mock mansard, flat and barrel roofs are prohibited. Flat roof forms may only be used on the house's Entry Form (e.g. Porch or Portico) and Secondary Additive Form. (C) Eaves shall have a maximum overhang of three feet(3'). (3) Single Family and Two-Family Residential Building Design and Materials (A) Façades (1) Buildings shall have identifiable architectural styles that incorporate elements and details that remain consistent with that style. (ii) Unarticulated, Modern Style building façades are prohibited. (iii) Building designs that create blank wall conditions facing primary or secondary streets are prohibited. (iv) Building designs that orient front doors so that they are not visible from the primary street are prohibited. (v) The Primary Building Form's front façade's porch/portico, entry door,windows,roof shape and building massing, shall be the dominant character defining elements of the architectural style. (B) Fenestration (x) Buildings shall provide fenestration on façades facing primary and secondary streets. Exposed,blank walls are prohibited. (xi) Door and window shapes shall be primarily rectangular(oriented vertically), or square. Horizontally oriented windows with vertical divisions may be used when consistent with the house's architectural style and character. (xii) Round, hexagon, and octagonal shaped windows shall only be allowed as accents. (xiii) The front door entrance on the front façade of the house shall define, and remain consistent with,the building's architectural style and character. (xiv) Doors and windows shall be made of painted metal, wood, fiberglass or vinyl. Dark or reflective glass is prohibited. (xv) Mill finish(non-colored) aluminum door and window frames are prohibited. (xvi) If a building has window shutters, the window shutters shall be sized and shaped to match the associated opening, and shall be mounted against the outside edge of the window. Window shutters shall be either louvered or paneled, and made of painted wood,metal, fiberglass or vinyl. (xvii)Solid metal security gates, metal roll-down windows, and link/grill security devices are prohibited in all residential windows and doorways. (C) Materials (i) "Jumbo," or other commercial-grade/scale products such as bricks, cinder/concrete block, unfinished metal,plywood,unfinished pre- cast or poured-in-place concrete are prohibited on any residential building facades. (ii) Roofs, if sloped, shall be clad in cedar wood shake, fiberglass, asphalt shingles, prefinished metal shingles, prefinished metal standing seam, or slate. Prefinished metal standing seam roofing shall only be permitted for accent roofing above window projections and open-air porches/porticos. (iii) When used, asphalt or fiberglass shingles with a "shadow line" effect are encouraged, as long as they meet or exceed local building codes. (I)) Colors (i) Bright colors are prohibited as primary house colors but may be used for subtle trim accents in amounts not to exceed 10% of the facade area. All colors shall complement the architectural style and character of the house and the surrounding neighborhood. (E) Projections (i) Residential entrances shall be visible from the primary street, easily accessible, and well-lit. Architectural elements such as porches, porticos, and canopies are required to identify residential entrances and maintain the existing neighborhood's architectural character. (ii) The floors of front porches shall be raised between twenty-four and forty-eight inches (24"-48") above finished grade and be designed so as to allow access to the public sidewalk at the front lot line. (iii) A front entry porch shall have a minimum depth of six feet (6'); A front entry portico shall have a minimum depth of four feet(4'). (iv) Porch/Portico handrails and guardrails of perforated metal, stainless steel cables, or unfinished metal mesh are prohibited. (v) Open porch/portico bases are prohibited. Porch/portico bases shall be continuously skirted with a painted wood lattice panel, masonry, or similar material to the primary building. (F) Lighting (i) Floodlights and uplights with bulbs greater than 100 watts on residential building façades are prohibited. Motion-sensored flood lights and security lights shall be limited to rear door entries, side door entries or garages only. (ii) Building and landscape lighting shall be a natural white color consistent with incandescent, fluorescent, LED or metal halide lighting. Colored lights are prohibited unless for appropriate seasonal decoration or interest. (G) Mechanical Equipment and Utilities (i) Exposed mechanical equipment along primary and secondary street frontages is prohibited. (ii) Window-mounted air conditioning units placed facing primary or secondary street frontages are prohibited. (iii) Satellite television dishes shall be located according to the provisions of the SBZO, unless documentation is provided to demonstrate a lack of reception, shall not be visible from the primary street frontage. If such documentation is provided, the satellite television dish shall be located as discretely as possible. (5) Single Family and Two-Family Residential Landscaping (A) Steeply-sloped yards in excess of a slope of 2 to 1 (two foot horizontal for one foot vertical) shall incorporate a slope retention element of either a small retaining wall with steps as a transition to the sidewalk or ground cover/low shrub planting schemes. (B) Decorative walls, decorative fences, or hedges shall not exceed three feet (3') in height along the front and side property lines that face the primary or secondary streets and shall be consistent with the house's architectural style and character. (C) Decorative walls, decorative fences, and hedges shall be no greater than five feet (5') in height along the rear and side property lines that do not face the streets. (6) Single Family and Two-Family Residential Parking and Service Areas (A) Off-street parking shall be provided by an enclosed garage located to the rear of the primary building frontage. (B) Garages that gain access from an alley or secondary street are preferred. (C) If the garage door on an attached garage must face a primary street, the garage door must be set back a minimum of 20 feet (20') from the primary building frontage, as referenced in the accompanying graphic. I _ HOUSE 1 K \ I .__. 1 O. / • GARAGE i• %r-----1-1070:7"--------------+ MIN, (D) Garages oriented with garage doors facing an alley or Secondary Street shall have a setback (apron) of not less than eighteen feet (18') from the alley and from the right-of-way at the Secondary Street, sufficient to accommodate the parking of an automobile provided that the minimum required setbacks are met for corner lots per the zoning ordinance, as referenced in the accompanying graphic. 18Ld LU I : L MIN.---IF OFF LU ! ' HOUSE F- I r_ ALLEY I- I I 14 GARAGE E I ioI% l Q .-i \ SECONDARY STREET/ (E) Garage setbacks shall include paved and screened locations for trash cans if trash cans are not stored in the garage. (F) No more than one (1) double or two (2) single garage doors are permitted to face any primary or secondary street. (G) Garages shall incorporate roof types that match the roof type of Primary House Form. Hipped and gabled roofs are acceptable roof types. (H) Three-car garages are prohibited. (I) Driveways fifteen feet(15') or greater at the curb or circular designed driveways within the front yard setback are prohibited. (7) Single Family and Two-Family Residential Building Addresses (A) Address numbers should be a minimum of three inches (3") in height. Vinyl-applied numbers are prohibited. (e) Multi-Family Residential All new multi-family residential construction shall comply with the following regulations: (1) Multi-Family Residential Building Massing (A) In the event of mixed residential building types on abutting lots located within the same block face, the height and massing of new multi-family buildings shall be no more than twice the height and massing of the immediately abutting building, including buildings on the same lot. (B) Angular or curved building massing is prohibited. (C) Buildings shall not exceed three(3) stories or forty feet (40') in height. (2) Multi-Family Residential Roof Shapes (A) Hipped and gabled roofs are acceptable roof types. (B) Mansard,mock mansard, flat and barrel roofs are prohibited. Flat roof forms may only be used on the building's Entry Form (e.g. Porch or Portico). (C) Eaves shall have a maximum overhang of three feet (3'). (3) Multi-Family Residential Building Setbacks (A) Building setbacks shall not exceed ten feet (10') from the right of way line of the street on which the parcel's address is platted. (4) Multi-Family Residential Building Design (A) Façades (i) All residential buildings shall include design elements, including but not limited to, front doors/entries, front porches/porticos/overhangs, articulated rooflines, and balanced/symmetrical fenestration on all facades. (ii) Residential buildings shall have identifiable architectural styles that incorporate elements and details that remain consistent with that style. (iii) Unarticulated, Modern Style building facades are prohibited. (iv) Front building façades shall be oriented toward, and parallel to, all primary street frontages including corner lots. (v) Building designs that create blank wall conditions facing primary or secondary streets are prohibited. (vi) The front door entrance(s) shall define, and remain consistent with, the building's architectural style and character and shall face the Primary Street frontage. (vii) Building designs that orient front doors so that they are not visible from the Primary Street are prohibited. (viii) Front façade entry doors, windows,roof shapes and building massing shall be the dominant character defining elements of the architectural style. (ix) Garage doors shall face alleys or be oriented so as to not face the primary street frontage. (x) Front façade entry doors and mailboxes shall face the primary street frontage. (B) Multi-Family Residential Fenestration (i) Buildings shall provide fenestration on facades facing primary and secondary streets. Exposed, blank walls are prohibited. (ii) Door and window shapes shall be primarily rectangular(oriented vertically), or square. Horizontally oriented windows with vertical divisions may be used when consistent with the building's architectural style and character. (iii) Round, hexagon, and octagonal shapes shall only be allowed as accents. (iv) Doors and windows shall be made of painted metal,wood, vinyl or fiberglass. (v) Opaque or reflective glass is prohibited. (vi) Mill finish (non-colored) aluminum door and window frames are prohibited. (vii) If a building has window shutters, the window shutters shall be sized and shaped to match the associated opening, and shall be mounted against the outside edge of the window. Window shutters shall be either louvered or paneled, and made of painted wood,metal,vinyl, or fiberglass. (viii) Solid metal security gates,metal rolldown windows, and link/grill security devices are prohibited in all windows and doorways. (C) Multi-Family Residential Materials (i) Cinder/concrete block,metal, plywood,unfinished pre-cast or poured-in-place concrete are prohibited on any residential building facades except for basement foundation walls between the first floor sill plate and grade, where concrete, concrete masonry, brick, stone or stucco is permitted. (ii) Roofs, shall be clad in cedar wood shake, fiberglass shingles, asphalt shingles, slate shingles, clay tile,prefinished pre-stamped metal shingles,prefinished metal standing seam or other recognized residential roofing material. Prefinished metal standing seam roofing shall only be permitted for accent roofing above window projections and open-air porches/porticos/overhangs. Sheet or roll- type roofing is prohibited on sloped roofing. (D) Multi-Family Residential Colors (i) Bright colors are prohibited as primary house colors but may be used for subtle trim accents in amounts not to exceed 10%of the facade area. All colors shall complement the architectural style and character of the building and the surrounding neighborhood. (E) Multi-Family Residential Projections (i) Attached dwelling units shall have street-facing, individual front entries with a covered entrance feature such as a porch,portico or overhang along the primary street frontage. Decks and garages shall be located and oriented to the rear of the structure. (ii) Front doors shall be a prominent feature on the primary street facade of the unit. (iii) Porch/Portico handrails and guardrails (including balconies) of perforated metal, stainless steel cables, and unfinished metal mesh are prohibited. (iv) Open porch bases are prohibited. Porch bases shall be continuously skirted with a painted wood lattice panel,masonry, concrete or similar material to the primary building. (F) Multi-Family Residential Lighting (i) Floodlights and uplights with bulbs greater than one hundred (100) watts on residential building façades are prohibited. Motion-sensored flood lights and security lights shall be limited to rear door entries, side door entries or garages only. (ii) Building and landscape lighting shall be a natural white color consistent with incandescent, fluorescent, LED or metal halide lighting. Colored lights are prohibited unless for appropriate seasonal decoration or interest. (G) Multi-Family Residential Mechanical Equipment and Utilities (i) Mechanical equipment shall not be located along primary and secondary street frontages. (ii) Rooftop mechanical equipment shall be located in the center or rear corner of a building, away from the primary street elevation. (iii) Roof top mechanical equipment shall be screened by the roof form. When the roof form cannot hide such equipment, a solid screen shall be constructed of materials similar to those of the primary façade. (iv) Satellite television dishes shall be located so that they are not visible from the primary street. (5) Multi-Family Residential Landscaping (A) Steeply-sloped yards in excess of a slope of 2 to 1 (two foot horizontal for one foot vertical) shall incorporate a slope retention element of either a small retaining wall with steps as a transition to the sidewalk or ground cover/low shrub planting schemes. (B) When utilized, decorative walls, fences, or hedges shall not exceed three feet (3') in height along the front and side property lines that face the Primary and Secondary Streets and shall be consistent with the architectural style and character of the building. (C) Decorative fences and hedges shall be no greater than five feet (5') in height along the rear and side property lines that do not face the streets. (D) For urban townhome development, if front yard fencing is provided, said fencing shall be of a single,unified fence design for all units within a project. Individual fencing of individual urban townhome front yards is prohibited. (6) Multi-Family Residential Parking and Service Areas (A) Urban Townhome/Rowhome Residential (i) Off-street parking for all new urban townhome/rowhomes, shall be in the form of an enclosed garage located at the rear of the primary structure. (ii) Garages oriented with garage doors facing an alley shall have a setback(apron) of not less than eighteen feet (18') from the alley, sufficient to accommodate the parking of an automobile. (iii) Side-loaded garages accessible from primary or secondary street frontages are permitted only when legal alley access to garages is not available. (iv) Garages that have ingress or egress from the front of the property or the primary street are prohibited. (v) Garage setbacks shall include paved and screened locations for trash cans if trash cans cannot be stored in the garage. (vi) Garages that have ingress or egress from rear alleys may incorporate double-car doors. (vii) No more than one (1) double or two (2) single garage doors are permitted to face any street. (viii) Garages shall incorporate hipped or gabled roof types that complement the roof type of the primary building. Where appropriate to the design, dormers may be included. (ix) Three-car garages are prohibited. (x) Driveways shall be no more than twelve feet (12') wide at front property line. (xi) Circular driveways within the front yard setback are prohibited. (xii) Driveways on corner lots shall be located to maximize the distance - from intersections. (xiii) Driveway curb-cuts shall be placed to maximize the number of on- street parking spaces. (B) All Other Multifamily Designs (i.e., non-Urban Townhome/Rowhome Design) (i) Off-street parking areas shall be located behind buildings with access off a secondary street or alley. Visitor parking shall also be located behind the buildings or at on-street parking locations." (ii) Off-street parking areas shall be located at least fifteen feet (15') from any building façade. (iii) Off-street parking areas shall be adequately lit and shall minimize glare on surrounding properties. (7) Multi-Family Residential Building Addresses (A) All buildings shall clearly display their address numbers along the primary street elevation in a conspicuous place on the side of or above the front door of the building. Address numbers shall be at least three inches (3") in height. (B) Address numbers should be a minimum of three inches (3") in height. Vinyl-applied numbers are prohibited. (I) Commercial/Mixed Use Buildings All new commercial or mixed-use building construction shall comply with the following regulations: (1) Commercial/Mixed Use Buildings Located in the MU-District (A) All buildings on properties zoned "MU" (Mixed-Use District of the SBZO) shall include active first-floor commercial space. (2) Commercial/Mixed Use Building Massing (A) In areas with buildings developed on abutting lots (including across the street)the maximum building height shall not be more than fifteen feet (15') greater than the average of the maximum height on abutting lots, provided that the maximum building height for a portion of the building may increase one foot(1') for each additional one foot(1') of setback for that portion of the building. (B) Buildings shall be oriented towards the street with main entrances or windows facing the primary or secondary street frontages. (C) Buildings sited at irregular or random angles to the street are prohibited. (D) Multiple or attached building complexes shall maintain a consistent street orientation and shall also maintain a parallel or perpendicular orientation to each other. (E) Multi-story commercial/mixed-use buildings shall maintain a minimum commercial facade height for the first floor retail of fifteen feet(15'). (F) Gaps between buildings that interrupt the streetwall are prohibited except for pedestrian pathways and service alleys within long blocks. Such pedestrian pathways and service alleys should link the primary streets to parking areas and public spaces located behind buildings,and be no greater than fifteen feet (15') wide. (G) The facade of any single-story commercial/mixed-use building shall be at least twenty-two feet (22') in height. 0 (H) All sides of any free-standing single-user "outlot" retail buildings shall include four-sided design(i.e., be designed and detailed with each façade having the same level with similar materials and details). (I) Multi-story mixed-use buildings shall not have a continuous uninterrupted façade greater than sixty feet(60')in height or length. (J) Upper floor residential/office uses are required to provide façade or roof form articulation along with building fenestration changes to accentuate the mixed-use character of the building. (K) Terraces and balconies,if incorporated, shall be designed so as not to protrude beyond the primary building façade. (3) Commercial/Mixed Use Building Shapes (A) Roofs shall be hipped,gabled, or flat with a parapet. Parapets shall range between three and five feet(3'-5') in height. (B) Mansard, mock mansard, and barrel roofs as the main roof style are prohibited. (C) Eaves shall have a maximum overhang of three feet (3'). (4) Commercial/Mixed Use Building Setbacks (A) Off-street parking areas located between the building and street are prohibited. (B) The maximum front building setback shall be five feet (5') to maintain the streetwall. (C) Corner buildings shall have a maximum setback of five feet (5') from the primary and secondary street property line to hold or frame site corners along both street frontages. (D) Buildings shall have a zero foot(0') side setback from the interior side property line, except for pedestrian access through the site. (E) Pedestrian access areas shall not exceed a maximum of fifteen feet (15') wide. (F) Pedestrian areas between buildings are prohibited unless necessary for access to/from off-street parking areas to store entrances. (5) Commercial/Mixed Use Building Design (A) Multiple building developments using one overall architectural theme shall include varied roof forms, facade treatments, sign bands, and details to create the effect of a traditional neighborhood retail street which developed over many years. (B) Building facades shall include design elements (i.e. height of a wall or cornice or parapet line, window lines,belt courses or other horizontal design elements) that substantially replicate the pattern of abutting buildings or sections of the same building. (C) Mixed-use buildings shall express a clear defined retail base, middle, and top. (D) Building architectural details and features include but are not limited to cornices,belt courses,window bays, variations in wall plane, and roof features. (E) Blank or windowless elevations that face primary or secondary streets are prohibited. Walls which do not included window glazing or storefront entrances shall be articulated by the provision of: faux windows trimmed with frames, sills, lintels, awnings; murals; or similar elements. (F) Street-facing facades of buildings with fifty feet (50')or more of horizontal length shall include the use of vertical bays between twenty- five to thirty feet(25'-30') in width to give the appearance of small, individual storefronts. Techniques for implementation include changes in articulation of plane of the building facade such as vertical bays, columns and reveals. Columns or reveals, if used, shall not be less than eighteen inches (18") in width. (G) First-floor retail on a street facing facade shall have a minimum window surface of sixty percent (60%) and maximum of seventy-five percent (75%). Upper-floor residential or office shall have a minimum window surface of twenty-five percent (25%) and maximum of forty percent (40%). (H) Unarticulated, flat front, all glass or metal, Modern Style buildings are prohibited. (6) Commercial/Mixed Use Building Fenestration (A) Window shapes shall be vertically-oriented rectangular, square, or Palladian. (B) Round,hexagon, and octagonal shapes shall only be used as accents. (C) Solid windowless walls are prohibited unless necessary to the function of the building. If such walls are necessary to the function of the building, they shall incorporate arches,piers, columns,murals, tasteful graphics, planters and/or other elements that reduce building scale and add visual interest. (D) Commercial or mixed-use buildings with ground-level retail or office space shall include clear glass windows to allow views into building interiors. Opaque or reflective glass is prohibited. (E) Storefront windows shall be constructed of painted or clad wood or metal and clear glass. (F) Solid metal security gates,metal roll-down windows, and link or grill security devices are prohibited. (7) Commercial/Mixed Use Building Materials (A) Unarticulated or finished concrete block and plywood are prohibited on commercial mixed-use building facades or on walls that are visible from streets, sidewalks and parking areas. (B) Stucco, metal, exterior insulation systems (EIFS), unfinished pre-cast concrete panels and cast-in-place concrete are prohibited as the primary material used on commercial mixed-use building facades or walls visible from streets, sidewalks and parking areas. Up to ten-percent (10%) of facades facing streets, sidewalks or parking areas can be comprised of one or a combination of these materials. (C) Decorative block, "renaissance stone," smooth/textured synthetic plaster and wood trim may be used only for decorative accent purposes and shall be limited to ten-percent (10%) of facades facing streets, sidewalks or parking areas. (D) Roofs, if sloped, shall be clad in cedar shake wood, fiberglass, asphalt shingles,tile or real/synthetic slate and shall meet all standards required by the City building code. Standing seam finished metal roofing should be used for accent purposes only and shall be limited to fifteen-percent (15%) of the roof surface area. (E) Windows and doors shall be constructed of colored clad wood or painted metal and clear glass. Mill finish (non-colored) aluminum door and window frames are prohibited. Anodic coatings, copper, and brass finishes are acceptable alternates. (8) Commercial/Mixed Use Building Color (A) Bright colors are prohibited as primary building colors but may be used for subtle trim accents in amounts not to exceed ten-percent(10%) of the facade area. (9) Commercial/Mixed Use Building Projections (A) Building entrances shall be visible from the street. Architectural elements, canopies, and lighting shall help to identify entrances. (B) Pedestrian pass-throughs, arcades or paseos, and other like permanent architectural features shall be finished on all their surfaces with the same quality and types of materials as a building exterior in compliance with these guidelines. (C) Retractable and internally lit awnings are prohibited. (D) A standard clear awning height shall be eight and a half feet (8' 6") above the sidewalk. (10) Commercial/Mixed Use Mechanical Equipment and Utilities (A) Mechanical equipment and utilities shall be hidden from view along all primary and secondary street frontages. (B) Rooftop mechanical equipment shall be located in the center or rear corner of a building, away from the primary street elevation. (C) Rooftop mechanical equipment shall be screened by the roof form or a solid screen constructed of materials similar to those of the primary facade. Perforated or louvered screens may be used. (D) Vents, gutters, downspouts, flashings, electrical conduits, and other appurtenances shall be painted to match the adjacent surface unless being used expressly as an accent material. (E) Window-mounted air conditioners are prohibited. Wall or in-wall mounted air conditioning condensing equipment is prohibited facing streets or pedestrian ways. (I 1) Commercial/Mixed Use Decorative Fencing (A) Wood, chain-link, and barbed-wire fencing is prohibited. (B) Decorative three foot(3') height masonry walls may be used in conjunction with landscaping to provide screening. Decorative masonry walls shall incorporate the same or complementary materials and detailing as adjacent buildings and streetscape. � (Y: 4j:. .rYl=v.'n�s.Ri • yiy�µ.�n ..aL kA • �oeTTh" '^ wMl "Y ... d bndxope planter in along Michigan Street in South lend (12) Commercial/Mixed Use Outdoor Cafes and Seating Areas (A) Outdoor cafes and seating areas shall so be located as to maintain a minimum useable sidewalk width of not less than six feet (6'). (B) Sidewalk cafes shall obtain a seasonal permit from the City of South Bend. (13) Commercial/Mixed Use Landscape Guidelines (A) Parkway Tree Lawn Plantings—All plantings within the parkway tree lawn shall obtain approval of the South Bend Board of Public Works. (14) Commercial/Mixed Use Off-street Parking and Service Areas (A) Parking and service areas shall be located at the rear of the building. With the exception of on-street parking, parking and service areas that front primary and secondary streets are prohibited. 1 I.. ALLOWED L.._• O a 4i ) , r • ww• A;.Y: , ° 4 T ' ' � q NOT ILLLOWB ALLOWED c (B) Dedicated off-street parking for individual businesses is prohibited, with the exception of drop-off/pick-up type service businesses, which may provide one dedicated space per business, during business hours. Multi- use buildings shall provide shared off-street parking. (C) Off-street parking areas for commercial/mixed-use buildings shall be located at least fifteen feet (15') from all building façades. (D) Where alleys are used in a commercial/mixed-use area as a means for access to and from off-street parking areas, the width of such alleys shall be at least eighteen feet(18') wide. w NOT ALLOWED 4 m Da t m ® EC /EU m au m EC G � ALLOWED (E) Where applicable, curb-cuts should be placed to maximize the number of on-street (curb)parking spaces. (g) Signs Any new sign shall comply with the following regulations: (1) Single Family Residential Single Family Residential uses shall be permitted signs in compliance with the provisions of Section 21-07.03 (c) On-Premise Signs: SF1, SF2, MF1 and MF2 Districts of the SBZO applicable to the single family dwellings or single family platted subdivisions. (2) Multi-Family Residential Multi-family residential uses shall be permitted freestanding identification signs in compliance with the provisions of Section 21-07.03 (c) On-Premise Signs: SF1, SF2, MF1 and MF2 Districts of the SBZO applicable to the multifamily dwelling uses provided that: (A) the maximum height of a freestanding identification sign may be up to eight feet(8') feet above grade; and (B) there shall be no minimum setback for such freestanding identification sign provided such signs shall not encroach into any public right-of-way or clear sign area regulated by Section 21-01.01 (t)—Clear Sight Area Requirements of the SBZO. (3) Commercial /Mixed-Use Commercial /Mixed-Use buildings shall be permitted signs in compliance with the provisions of Section 21-07.03 (e) On-Premise Signs: MU &CBD Districts of the SBZO applicable to the MU District provided that: (A) Building identification signs shall be limited to one (1) sign per building being either: a parapet mounted wall sign not to exceed forty(40) square feet in area; or, a grand projecting sign not to exceed eighty (80) square feet in area. (B) In addition, each tenant/use within a building shall be allowed one (1) business identification sign per frontage of the tenant/use limited to either: a fascia mounted lower level wall sign not to exceed twelve(12) square feet in area per sign; or, a blade sign not to exceed twelve(12) square feet in area per sign. Section IL Chapter 21 of the City of South Bend Municipal Code, as amended, is further amended and supplemented by applying the NNZO Overlay District to the following described property: Beginning at the intersection of the centerlines of Hill Street and LaSalle Avenue; thence East along said centerline of LaSalle Avenue to the West right-of-way line of Frances Street; thence South along said West right-of-way line to the North right-of-way line of the first East-West alley, also known as Luther Court, South of LaSalle Street; thence West along said North right- of-way line to the West right-of-way line, extended, of the first North-South alley, also known as Edmund Court, West of Frances Street; thence South along said right-of-way line to the centerline of Colfax Avenue; thence East along said centerline to the centerline of Eddy Street; thence North along said centerline to the centerline of LaSalle Avenue; thence East along said centerline to the centerline of Sunnyside Avenue; thence North along said centerline to the centerline of Rockne Drive; thence Northeasterly along said centerline to the East right-of-way line of Twyckenham Drive; thence North along said East right-of-way line to the Southwest corner of Lot 38 in Wooded Estates; thence Northeasterly along the Southeasterly lines of Lots 38, 37 and 36 to the Southwesterly right-of-way line of White Oak Drive, also being the Southeast corner of Lot 36 of Wooded Estates; thence Northeasterly to the Southwesterly corner of Lot 35 in Wooded Estates; thence Northeasterly along the Southeasterly lines of Lots 35, 34, 33, 32, 31 and 30 in said Wooded Estates to the Westerly right-of-way line of Black Oak Drive, also being the Southeast corner of Lot 30 of said Wooded Estates; thence Northeasterly to the Northwest corner of Lot 48 in said Wooded Estates; thence east along the North line of Lots 48, 51, 52, 53 and 54 to the centerline of Oak Ridge Drive; thence Northerly along said centerline to the centerline of Edison Road; thence West to the East line of Lot 5 of Vacval and Davidson Subdivision projected South; thence North along said East line and its projection to the Northeast corner of said Lot 5; thence West along the North lines of Lots 5, 4, 3, 2 and 1 of said Subdivision; thence West along the North line of said Subdivision projected to the East property line projected of a parcel of land owned by the Patrick Simeri Revocable Trust (Tax key#024- 1008-0618); thence North along said East line to the Northeast corner of said Simeri parcel; thence West along the North line of said Simeri parcel to the Northwest corner of said Simeri parcel also being the east line of the Jamison Residential Condominium; thence South along the West line of said Simeri parcel also being the East line of said Condominium to the Southeast corner of said Condominium; thence West along the South line of said Condominium to the Southwest corner of said Condominium;thence North along the West line of said Condominium to the South line of Lot 5 of Schroederville (Original Town); thence West along the South Line of said Lot to the centerline of Ivy Road; thence South along said centerline projected to the South right-of-way line of Edison Road; thence West along said right-of-way line 30' more or less to the Northwest corner of a parcel of land owned by Judith Oliva and Joseph &Phyllis Cantanzarite(Tax Key#018-5151-5672); thence South along the West line of said parcel to the North right-of-way line of State Road#23 (South Bend Avenue); thence Southwesterly along said North line to the East right-of-way line of Napoleon Boulevard; thence Northwesterly along said line to the East line of Lot 4 of Eddy Street Commons Major Subdivision (Section One); thence Northwesterly along said Lot line to the Southeast corner of Lot B of Eddy Street Commons First Minor, First Replat; thence Northwesterly along said Lot line to the Southeast corner of Lot 1 OF of Eddy Street Commons Third Minor Subdivision; thence Northwesterly along said lot line to the center line of Angela Boulevard; thence West along said centerline to the West line of Lot 95 University Heights projected North; thence South along the West lines of Lots 95, 94, 93, 92, 33 and 32 to the Southwest corner of said Lot 32; thence West along the North lines of Lots 29 thru 6 in University Heights to the centerline of Lawrence Street; thence South along said centerline to the centerline of Napoleon Street; thence West along said centerline to the centerline of Niles Avenue; thence Southeasterly along said centerline to the centerline of Corby Street; thence East along said centerline to the west line of the first North- South alley West of Hill Street projected North;thence South along said West line to the Northwest corner of Lot 10 of Cedar Heights Addition; thence South along the West Lot lines of Lot 10, 11, 12 and 13, extended, to the centerline of Crescent Avenue; thence Northeasterly along said centerline to the centerline of Hill Street; thence South along said centerline to the place of beginning. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2015, at o'clock . m. City Clerk Approved and signed by me on the day of , 2015, at o'clock . m. Mayor of the City of Sou .Li, nd lndi r ' Filled m k Office 1st READING 7 PUBLIC HEARING OCT 1 2015 3 rd READING NOT APPROVED t2t 1� ay./ . tt' REFERRED P'o- k CITY CLERK,S 3UT H tiEEND,IN PASSED LAWRENCE P. MAGLIOZZI EXECUTIVE' DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 October 21, 2015 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Bill #64-15 Ordinance to Repeal Section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District and Replace it with a new Section 21-06.03 Northeast Neighborhood Zoning Overlay District. Dear Council Members: The following changes have been made to the Ordinance for the above referenced petition: Ordinance: 1.) Section (c) Definitions, item (55) Tudor Style was amended with a new graphic. The graphic had minor modifications to more accurately reflect the definition as described. A Copy of the revised Ordinance is attached. If you have any further questions, please feel free to contact me at(574) 235-9571. Sincerely, Matthew P. Chappuies, Planner SERVING ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W 'no SEPHCO U NTY,N DIANA.0 OMIAREAPLAN \I(SA 131-6 - 2.4 r ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING SECTIONS OF CHAPTER 16,ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL SOLELY FROM CITY FURNISHED CONTAINERS STATEMENT OF PURPOSE AND INTENT For reasons of environmental stewardship and heightened state and federal regulation, the City of South Bend (the City), in 2013, amended Chapter 16 Article 2 to prohibit use of plastic bags to contain yard waste materials for City removal (Ordinance # 10270-13). At that time, the City introduced voluntary use of 95 gallon yard waste containers furnished by the City as a receptacle for yard waste materials to be removed by the City The City Division of Organic Waste (the Division) has been reviewing the costs associated with yard waste removal, particularly the cost difference between removal from City furnished containers and removal from paper bags or non-bagged bundles. The Division has determined that it is not economically feasible for the City to continue removing yard waste which is not contained within City-issued yard waste containers. This ordinance limits the City's removal of yard waste materials to those which are placed in City-issued yard waste containers and which are rented annually for Sixteen Dollars ($16.00) from the City and payable at a fixed monthly rate of$2.00 during the period from April through November. The provisions of this ordinance will take effect in calendar year 2016, and those residents who were not previously issued such containers shall have until February 1, 2016 to request a container. As of April 1, 2016, no yard waste shall be removed from property during City yard waste pick-up and removal which is not contained within a City yard waste container. To effectuate this change in practice it is necessary to amend the South Bend Municipal Code at Chapter 16, Article 2, Section 16-8 (f) and (g) and at Article 4, Section 16-28 . This Ordinance enacts those Municipal Code Amendments. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: Section I. Chapter 16, Article 2, Section 16-8(f)of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Sec.16-8. Use of City-furnished refuse containers required; disabled customer exception; nonrecurring charge for new users; separation of yard waste; and required use of City-furnished yard waste containers . (1) Yard waste as defined herein, shall be collected by the City on a weekly basis for disposal and recycling at the City's Organic Resource Facility. Each owner, occupant or lessee of any single or multifamily dwelling shall separate and keep separate any yard waste from the remainder of the residential refuse for collection. As of April 1, 2016. yard waste shall not be placed in plastic bags for collection. Such yard waste shall be placed solely in containers leased from the City. in paper or othcr • _-. However, special pick up may be scheduled for any Thee limbs and brush of a diameter of less than four (4) inches which shall be bundled together in lengths of forty-eight (48) inches or less,- or for Ttree limbs and brush in excess of these dimensions, or for large quantities of yard waste, excluding tree limbs in excess of six inches in diameter and stumps. may be scheduled f r spec p. Nothing in this section shall prohibit any person from recycling yard wastes on their own property for their own use or from giving such yard waste to • another for recycling or use; provided, however, that such recycling neither creates a public nuisance nor is otherwise injurious to the public health, welfare or safety. Nothing in this section shall be construed to prohibit the deposit of leaves in a neat and careful manner in the tree lawn or any street in the autumn during the period designated by the Department of Public Works for collection. Section II. Chapter 16, Article 2, Section 16-8 (g) shall be and hereby is amended to read in its entirety as follows: (g) Commencing January 1, 2016 Tthe owner, occupant or lessee of any single or multifamily dwelling who desires City service of weekly yard waste pick up and removal must may lease from the City a yard waste container with capacity for ninety-five (95) gallons of yard waste. The lease rate shall be two dollars ($2.00) per month for the months of April through November, or Sixteen Dollars ($16.00) per year. Should such container become substantially damaged or otherwise incapable of effective use through no fault of the City, the lessee shall may be responsible for the replacement of the container at actual cost. Section III. Chapter 16, Article 4, Section 16-28 of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Sec.16-28. Separation of yard waste from trash and garbage; tree limbs. All generators, handlers, collectors and haulers of yard waste shall handle such waste in a manner so as to assure that yard waste will not be co-mingled with trash and garbage. Yard waste shall not be delivered to the Organic Resource Facility in plastic bags. It shall be delivered either in paper or other biodegradable bags, in a loose condition or in a container furnished by the customer_, all up to a maximum weight of thirty five 35 heweverr that nNo matter how yard waste is delivered, all brush and tree limbs shall be cut in lengths not to exceed forty-eight (48) inches and shall be bundled. The Organic Facility cannot process and will not accept tree limbs in excess of six (6) inches in diameter or stumps. - - - • • .. .• :- :: -: - .: • manner: Section IV. This Ordinance shall be in MI force and effect on January 1, 2016 conditioned upon adoption by the Council and approval I i e 'ayo Member, South Bend Common Council Attest: Signing of this IA t allot ttb� opporthnitt for pt�bl t 'id Council adticeco his i 3- City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana 1st READING 3S- 2L —t `a;:f fi ��t5 PUBLIC HEARING it q 3 rd READING R., NOT APPROVED JC it: CITY CLERK,s1'Yi#rx OEND,ff6 REF:MRED _...._�......._, :SSED •"SpV T1t 8,,, 0q�Vfil; Ft& ''''�• / On OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS May 20, 2015 Mr.Tim Scott President,South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amendment to South Bend Municipal Code Chapter 16,Articles 2 and 4, Regarding Provisions for the Removal of Yard Waste from City Furnished Containers Dear President Scott: In 2013,the City amended the yard waste ordinance to prohibit the use of plastic bags that contain yard waste materials. This allowed the City to collect uncontaminated, plastic-free yard waste for processing at the Organic Resources facility for the first time in the City's history. Subsequently,the City has moved approximately 100,000 cubic yards of plastic contaminated material from the Organic Resources facility to the landfill over the past two years to comply with requirements from the Indiana Department of Environmental Management. At the same time,the City introduced the voluntary use of 95 gallon yard waste containers furnished by the City as receptacles for yard waste to be collected from residential properties. The City issued yard waste containers are rented annually for$16.00 or about$.50 per week during the months of April through November. Since that time,the City has been reviewing the costs associated with the yard waste removal and has determined that there is a significant cost difference between the collection of yard waste in City furnished containers and the collection in paper bags, residential containers,or non- bagged bundles. It has been determined that it is not economically feasible for the City to continue removing yard waste which is not contained within the City furnished yard waste containers. This ordinance recommends limiting the collection and removal of weekly residential yard waste materials to those placed in City furnished yard waste containers. Residents would have until February 1, 2016 to request a container for an April 1, 2016 effective date. After April 1, no yard waste shall be removed from property as a part of the weekly collection unless contained within a City furnished container. However,the City would still have provisions for a one-time per month special pick-up collection of yard waste that would not be limited to the City furnished yard waste containers,and the City would still run its annual Spring and Fall Curbside Re-Leaf programs. \F V� n w �j Mr.Tim Scott Yard Waste May 20, 2015 Page Two Either Dr. Boyles or I will present this ordinance at the Council's Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. As always, thank you for your consideration. Sincerely, Eric C. Horvath City of South Bend Executive Director Public Works Hied e c Office ; 0 2015 __IVV t1ENry,IN 113 u ORDINANCE NO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 16, SECTIONS 16-6 and 16-8 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION AND DISPOSAL OF REFUSE (SOLID WASTE)MATERIALS STATEMENT OF PURPOSE AND INTENT The charges for collection and disposal of refuse (solid waste)materials within the City of South Bend have not increased since 2008 (Ordinance No. 9861-8,passed August 25, 2008). Over the past several years the costs to the City for this collection and disposal process have risen, including the salaries and wages of personnel, the cost of technically advanced trucks and other equipment, and the costs of fuel and other overhead expenses of processing. At this time an adjustment in the fees charged for collection and disposal of solid waste is necessary to cover the basic costs of the service. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 16, Article 2, Section 16-6, subsection (c) is hereby amended to delete in full sub-parts (1) through (5) inclusive, which subparts shall be replaced with the following schedule of rates: (1) Rates and Charges MONTHLY RATES Within City of South Bend Limits: 2015 2016* Family Dwellings: One—family dwelling $11.52 (I) $12.48 Two-family dwelling** 18.06 (1) 19.57 Three- Family dwelling** 24.61 (1) 26.66 Four Family Dwelling** 31.16 (1) 33.76 Senior rate*** Commercial 6.91 (1) 7.49 13.82 16.22 Outside City of South Bend Limits: Residential 13.82 16.22 Residential Senior*** 8.64 9.36 Additional Trash Container(per container) 6.55 7.09 Yard Waste Bin**** 16.00 16.00 * Until Further Amended. ** With one water meter. *** Where the head of the household has submitted to the Board of Public Works proof of age sixty five(65) or older. **** Annual Charge for 8 months of the year. SECTION II. The remaining subparts numbered (6)through(8) of Chapter 16, Article 2, Section 16-6(c) shall be renumbered as subparts (2)through(4)respectively. SECTION III. Subpart 9 of Chapter 16,Article 2, Section 16-6(c) shall be deleted in its entirety. SECTION IV. Chapter 16,Article 2, Section 16-8, subsection (a) and (d) are hereby amended to read as follows: (a) Each single-family, two-family,three-family and four-family dwelling shall be provided by the City with one (1) solid waste container for each family unit.It shall be the duty of the dwelling occupant to keep the cover of this container tightly fitted when refuse is contained in the container, and to remove the container from the collection site promptly after collection by the City and no later than twenty-four (24) hours thereafter. No container other than the one provided by the City shall be used for solid waste removal,and all refuse must be placed in the container and moved to the place of pickup by 6:00 a.m. on the designated collection date. Should the solid waste refuse of a dwelling habitually exceed the limits of the furnished solid waste container, the City may require the dwelling occupant to use a second City-furnished container or the dwelling unit occupant may choose to use a second City furnished container at an additional charge of five-dollats-(45700) six dollars and fifty-five cents ($6.55) per month(in 2015), and seven dollars and nine cents ($7.09) per month (in 2016 and thereafter) on a mandatory year to year basis as provided in subsection (d) of this section. (d) The initial container furnished to owners, agents or occupants of dwellings as provided in this section shall be free of charge. New or subsequent dwelling owners, agents or occupants, shall pay an initial nonrecurring service fee of ten dollars ($10.00) to cover the City's administrative cost of delivery and furnishing the refuse container. Should a container become substantially damaged or otherwise incapable of effective use through no fault of the City, a new container may be provided at actual cost.Any dwelling unit using more than one (1) refuse container or habitually having refuse exceeding capacity of the furnished container shall lease a second container for a year to year term at the lease rate of five-dollars ($5.00) six dollars and fifty five cents ($6.55) per month (in 2015),and seven dollars and nine cents ($7.09) per month (in 2016 and thereafter). SECTION V. The effective date of this ordinance shall be August 1, 2015 after passage by the Common Council, approval of the Mayor, and pub • ursuant to law. Member, South Bend Common Council Signing of WI is I s: : for pubs hewing and opporlaitY Council actton Olt IS kat, Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at_o'clock . m. Mayor, City of South Bend, Indiana Filed in Ci .: ....._.• '--''Gco 1st READING Llo (S' 1 MAY 2 0 2015 .. PUBLIC HEARING 3 rd READING !OT APPROVED I Grrt i C El lit,:iOi.:it!FIEND,IN i:RRED ,_,,..___—_... 'AS5ED Ft �t;�9//,/o ' de/i-%yam; tab„” CITY OP SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS May 20, 2015 Mr. Tim Scott President,South Bend Common Council 4th Floor,County-City Building South Bend, IN 46601 Re: Ordinance Amendment to South Bend Municipal Code Chapter 16, Article 2,Sections 16-6 and 16-8 Regarding Fees for City Collection and Disposal of Solid Waste Materials Dear President Scott: Last year during the budget process, it was identified that the ongoing fees charged for the collection and disposal of solid waste needed adjusted in order to cover the basic costs of providing the service. The costs for personnel salaries,wages and benefits,fuel, tipping fees, new technically advanced trucks and equipment, maintenance,and overhead have risen since the last increase in 2008. Expenses have outpaced revenues for the past few years which led to a declining fund balance in the Solid Waste fund. During the budget process, it was suggested that the fees would need to be increased by approximately $1.00 per month per household in 2015. The City is recommending that the Council pass a two-tiered fee increase per the attached ordinance for 2015 and 2016. The effective date for the first increase would be August 1,2015. The recommended fees would support a more evenly balanced budget and would be competitive with fees in surrounding communities. Either Dr. Boyles or I will present this ordinance at the Council's Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. As always, thank you for your consideration. Sincerely, CC ° jilted in Coii °c, Eric C. Horvath City of South Bend MAY 20 2215 s Executive Director Public Works CITY CLEFa .a� iiLNDD,IN Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17,ARTICLE 1, BY UPDATING SECTION 17-4 ADDRESSING DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS STATEMENT OF PURPOSE AND INTENT The current downspout regulations for the City of South Bend are codified into the South Bend Municipal Code as Section 17-4, which have not been updated since 1970. For the past several years, the City has had a voluntary"Downspout Disconnect Program". It requires a property owner who wishes to participate in the program, to sign a hold harmless and indemnification agreement. The City may then "disconnect the downspouts, cap the drainway, and add an extension to- the downspout so the water drains into the yard instead of into the combined sewer". On December 29, 2011, the U.S. Attorney's office announced a cost estimate of$509.5 million for the proposed improvements to the City's combined sewer system. The Common Council has been advised that it is now estimated to cost over $667 million to implement the Long Term Control Plan (LTCP) required by the Environmental Protection Agency (EPA) mandate addressed in the Court's Consent Decree. The Common Council and the Department of Public Works believe that updating the downspout regulations will help minimize such discharges. Downspout disconnection is also recommended by the EPA as part of its"Green Infrastructure". It essentially reroutes rooftop drainage pipes to drain rainwater to rain barrels and permeable areas, instead of into the storm sewer. The Common Council,working in collaboration with the City's Public Works Director,also acknowledge that the Indiana Department of Environmental Management(IDEM) also recommend that downspouts be connected to rain barrels so that such captured water can be used to"irrigate landscape during dry periods". Such practices are par of the "Urban Nonpoint Source Best Management Practices" recommended by IDEM. This ordinance is believed to be in the best interests of the public health, safety and welfare of the City of South Bend, Indiana. , Xrf're, Orrlrl%Aerlft/e &Dimon. < wi // Ue ey/ Cai4 � na' tSdaiur, rri Allea,. : Section I. Chapter 17, Article 1, Section 17-4 of the South Bend Municipal Code is amended to read as follows: Sec. 17-4 Drains and Downspouts Disconnection Requirements: Limited Exceptions. Drain and Downspout Disconnect Ordinance Regulations Page 2 (a) A ° - - - - : : . - : .. =- :, - : No newly constructed gutter, downspout,roof drain, foundation drain or off-street parking area drain shall be connected with or permitted to drain into the sanitary sewer system of the City. Whenever it becomes necessary to rebuild, repair or replace any such drain - • : : =: : • - . -. -• -• '- -, . - :. : it shall be rebuilt, repaired or replaced in such a manner that it will no longer be built,repaired or replaced in such a manner that it will no longer be connected with or flow into the sanitary sewer system of the City. the-area-is-eempleted. (b) Storm water and all other unpolluted drainage including cooling water shall be discharged to retention or detention basins, to naturally occurring or construed wetlands, to rain barrels, cisterns, to a natural outlet, or utilize other Best Management Practices (BMP) methods approved by the Department of Public Works and authorized by the Indiana Department of Environmental Management (IDEM) or in the case of residential properties to "On-Lot Treatment" practices recommended by the Environmental Protection Agency (EPA).' The Department of Public Works is authorized to institute additional compliance regulations and standards so long as they are discussed with the Council's Utilities Committee prior to taking effect and conspicuously posted on the City of South Bend's official municipal website. (c) Due to the extraordinary estimated costs to implement the Long Term Control Plan (LTCP) mandated by the Environmental Protection Agency(EPA) and the Indiana Department of Environmental Management(IDEM),all buildings,sump pumps,and parking lots which currently direct their stormwater into the sanitary or combined or storm water sewers shall have up to five (5) years from the date of the passage of this ordinance to disconnect,with the following limited exceptions and requirements: (I) All building rooftops located in Commercial/Mixed Use Districts defined in Section 21-03 of Article 3 of Chapter 21 of the South Bend Municipal Code which include: OB Office Buffer District, MU Mixed Use District, 0 Office District, LB Local Business District, CB Community Business District, CBD Central Business District, and GB General Business District, shall have a limited exemption which shall be subject to the owner(s) of each such building filing with the City's Department of Public Works (DPW)within the first three(3) years of said five(5) year period, a feasibility study IDEM sets forth"Technical Resources for Best Management Practices(BMP)which promote the most environmentally- friendly methodologies. See:www.in.gov.IDEM.The EPA has set forth as part of their"Best Management Practices"On-Lot Treatment methods which are available at http://water.ena.goy/polwaste/npdes/swbmp/On-Lot-Treatment.cfm Drain and Downspout Disconnect Ordinance Regulations Page 3 and a cost/benefit analysis to confirm that compliance may be cost prohibitive due to the building having an internal drainage system, due to impervious surfaces, or other documented reasons which shall be reviewed by DPW. DPW shall review such documentation and meet with the owner to determine if there are any other alternatives such as rooftop gardens and/or green roofs for their building rooftops, which should be designed to lower the temperature of the building, filter pollution and reduce the amount of run-off from rain. The building owner may appeal the decision of DPW to the Board of Public Works within ten (10) days of the DPW decision. DPW shall maintain a comprehensive listing of all such properties by address and provide a status update on compliance to the Council's Utilities Committee no later than October P of each year. (2) All roofs and sump pumps of all one and two family detached houses, addressed in Chapter 21, Article 2, Section 21-02 of the South Bend Municipal Code as a single family dwelling or a two family dwelling shall be disconnected on or before December 31, 2018. Owners of such single family dwellings or two family dwellings may participate on a one-time basis, at no charge to such owner(s) in calendar year 2016 and 2017, in the City of South Bend's "Downspout Disconnect Program". This program is part of the Neighborhood Improvement program administered by the Division of Engineering in the Department of Public Works.2 Anyone who has not complied with required disconnections by December 31, 2017, may participate in the Downspout Disconnect Program in the 2018 calendar year, however he/she shall be charged for such services at the rates established by the Board of Public Works. Any owner of a one or two family detached house addressed in this paragraph who believes that he/she cannot comply with the disconnection requirements must file a cost/benefit analysis to confirm that compliance would be cost prohibitive due to impervious surfaces,or other documented reasons which shall be reviewed by DPW. The building owner may appeal the decision of DPW to the Board of Public Works within ten (10) days of the DPW decision. DPW shall maintain a comprehensive listing of all such properties by address and provide a status update on compliance to the Council's Utilities Committee no later than October 1'of each year. Section II. 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 III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. 2 Information on the Downspout Disconnect Program and the hold harmless and indemnification agreement are available at http://www.ci.south-bend.in.us/government/content/neighborhood-improvement-proerams Drain and Downspout Disconnect Ordinance Regulations Page 4 Henry Davis, Jr., 2"d District ouncil Member South Bend Common Council Dr. David Varner, 5th District Council Member South Bend Common Council Dr. Fred Ferlic, 4th District Council Member South Bend Common Council Office of the City Clerk ' Jrntei/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 4fr pee/and.;i/n,d by me on the_day of , 2015, at_o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana � i Filed in Clerk's Office t ft READING ° zY--1(r r PUBLIC HEARING AUG. 19 2015 3 rd READING NOT APPROVED JOHN V'OOnD& REFERRED CITY CLERK,SOUTH BEND,IN PASSED f}4nas\ r� '‘,1 Li; \C The South Bend Common Council 227 West Jefferson Boulevard,Room 441 Downtown South Bend,Indiana 46601 574.235.9321 August 18, 2015 The South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: Downspout Disconnection Regulations Dear Council Members; We are filing the attached proposed ordinance to update the City's downspout regulations. In light of the $667 million cost estimate to implement the Long Term Control Plan (LTCP) required by the Environmental Protection Agency(EPA) mandate addressed in the December 2011 judicial Consent Decree,we believe that all reasonable steps should be taken to help minimize discharges into storm sewers. It is estimated that approximately 50% of the 40,000 one and two-family houses in South Bend have downspouts which are still connected. The proposed ordinance would: • Create a 3-year period for all owners of a one or two-family dwelling to comply. • Would continue the City's "Downspout Disconnect Program"at no charge for owners of a one or two-family dwelling for calendar years 2016 and 2017, and would authorize the Board of Public Works to establish reasonable fees for the program effective January 1,2018. • Would create a 3-year period for owners of buildings in Commercial/Mixed Use Districts to comply. • Would establish a process where any affected property owner who believes that compliance would be cost prohibitive would be required to file a cost/benefit analysis with the Department of Public Works and would permit an appeal of their decision to the Board of Public Works. Downspout Disconnect Cover Letter—page 2 We believe that the proposed regulations are proactive and reasonable. We request that the Bill be sent to the Council's Utilities Committee for review and recommendation. Thank you. Most sinter- a ioo, %tit Henry : .v/J. •. t Council Member South Bend Common Counci Dr. David Varner, 5th District Council Member Utilities Committee Chairperson Dr.Fred Ferlic, 4`h District Council Member South Bend Common Council Attachment cc; Eric Horvath, P.E., Department of Public Works Director b r Bill No. Ordinance No. -15 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTERS 6, 17 AND 18 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES,REGULATIONS,AND SERVICE CHARGES FOR VARIOUS PERMITS AND REVIEWS IN CONNECTION WITH STORM WATER CONTROL AND CONSTRUCTION IN THE RIGHT-OF-WAY. STATEMENT OF PURPOSE AND INTENT Chapters 17 and 18 of the South Bend Municipal Code (the Code) contain sections involving oversight and supervisory duties of the City of South Bend Board of Public Works through the City's Department of Public Works, and the charge of fees for these Public Works services. Chapter 6, Article 1. Section 4.1 of the Code, covers reasonable fees for petitions filed with the Board of Zoning Appeals, which petitions involve the City Public Works Department's review of drainage and downspout engineering designs to determine if they comply with City regulations.No fee is presently charged for this Public Works Department service. The purpose of this ordinance is to authorize the City's Public Works Department and Engineering Division to charge certain reasonable fees to recover the costs of providing certain services to persons requesting roadway excavations; construction or repair of sidewalks, curbs, gutters, driveways, alleys and roadways; barricade permits; and for drainage and downspout engineering design review. At this time when property tax revenues do not and cannot keep pace with costs of furnishing local governmental services, it is equitable that persons who require City oversight and supervision for building, construction and similar rights of way projects, directly defray the costs for the time and expenses of the City's furnishing its expertise and services. This ordinance addresses, and is necessary and proper,to support the City's fiscal needs. Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana as follows: Section I. Chapter 6, Article 1, Section 6-4.1 of the South Bend Municipal Code shall be amended by adding the following new subsection(6)which shall read in its entirety as follows: 16) Engineering Design Review Fees: a. Downspout/Drainage Disconnection Check: Field check to determine whether building or site discharges stormwater through pipe conveyance into City sewer system. Confirmed Disconnect exempt 1 (2) Single-Use Residential $20 Qj Other $50 b. All other drainage review....$150.00 Section II. Chapter 6, Article 5, Section 6-11 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 6-11 Permit requirements (a) All temporary occupancy of public property as hereinafter provided for shall be considered and treated as being at the will of the City, and will be permitted only by special permit issued by the City Engineer as defined in Chapter 18, Article 7 of the South Bend Municipal Code. loss, expense, cost or liability of any kind whatsoever which the City may suffer or be put to, from or by reason of any act or thing done or neglected to be done, or by virtue of the authority given in such permit. (b) Such a permit will be for temporary occupancy of the street or streets immediately in front of the contemplated building or structure for the building operations as herein described and for administration purposes. (c) The fee for granting such a permit shall be twenty dollars ($20.00) (c) (e)The occupancy of a street for the purposes permitted in the permit shall never extend in front of any one(1) building to exceed one-third of the width of the roadway,unless a greater width is permitted by the Board of Public Works, and in no event is any material to be stored or placed closer than four (4) feet of any railway track. In all cases where such obstruction of the street is made there shall be a clear space of not less than one (1) foot between such obstruction and the curb line, which may be arched over at a height sufficient to permit drainage of water in the gutter. (d) (€) A suitably surfaced walk, four (4) feet wide, for the use of pedestrians shall be maintained between the building line and the curb line, except as provided in section 6- 12. (e) (g)Earth taken from the excavation and rubbish taken from the building shall not be stored upon the sidewalk or roadway of the street. Section III. Chapter 17, Article 4, Section 17-47(c) of the South Bend Municipal Code, is hereby amended to read as follows: Article 4. WATER RATES AND CHARGES Sec. 17-47. —Nonrecurring Charges 2 (c) Other nonrecurring charges: Disconnect for nonpayment 11.00 Reconnection 8.00 Bad checks 20.00 Frozen meter(1"and smaller) 40.00 Building authorization fee 50.00 Service initiation 20.00 Meter downsize (1"and smaller) 32.00 Inspection and testing fee for backflow prevention devices; 1.5" or smaller 50.00 Inspection and testing fee for backflow prevention devices; 2" and larger 75.00 Damaged or lost meter, at cost depending upon size and type of meter. Return trip 15.00 Unauthorized use of water system 200.00 Section IV. Chapter 17, Article 12, Section 17-113(d) of the South Bend Municipal Code, shall be amended to read as follows: Sec. 17-113. Site development permit. (d) Each ESCP submittal shall include the name, address and phone number of the owner or developer of the site and any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm. It shall also include a statement by the owner or developer of the site that any land clearing, construction, or ' development involving the movement of earth by any party on the project site shall be in accordance with the approved ESCP. Each ESCP shall be accompanied by a non- refundable one hundred dollars ($100.00) filing-permit review fee per acre of disturbed land up to $1,000 dollars made payable to the City of South Bend, Indiana. Partial acres are always rounded up(e.g. 2.1 acres). The separate ECSP non-refundable filing fee is $100.00). Section V. Chapter 18, Article 2, Section 18-20(a) of the South Bend Municipal Code, is hereby amended to read in its entirety as follows: Sec. 18-20. Obstructing free passage of streets; exception; permit required. (a) No person by any means or in any manner shall collect together vehicles or any substance or materials so as to obstruct the free passage or use of any street. All temporary occupancy of public property as hereinafter provided for shall be considered and treated as being at the will of the City, and will be permitted only by special permit issued by the City Engineer as defined in Chapter 18,Article 7 of the South Bend Municipal Code. 3 Section VI. Chapter 18, Article 2, Section 18-22 of the South Bend Municipal Code, is hereby amended by adding the following new subsection(e)which shall read in its entirety as follows: City-funded or City Utilities-funded public improvement construction projects shall not be subject to City excavation fees; however, the contractor or City department doing any such construction work must apply and receive approval for excavation permits as described in Section 18-25. Section VII. Chapter 18, Article 2, Section 18-24 of the South Bend Municipal Code, is • hereby amended to read in its entirety as follows: Sec. 18-24.—Excavation permit; fee. Any person desiring to make an opening or excavation contemplated by this article shall pay to the City of South Bend,Indiana for the permit required by Section 18-22 the following: (a) Excavation of 100 linear feet or less, and for each tunnel opening: 1. In Roadway Pavement: $200(two-hundred dollars). 2. Outside of Roadway Pavement: $25 (twenty-five dollars). (b) An additional charge of$25 (twenty-five dollars) required for each additional 100 linear feet. Section VIII. Chapter 18, Article 2, Section 18-27 of the South Bend Municipal Code, is hereby amended to read in its entirety as follows: Sec. 18-27.—Restoration of surface; specifications. (a) Any person making any opening or excavation or causing the same to be made in any street shall be required to replace all excavated material and pavement as herein set forth in the City Standards and Specifications as adopted by the Board of Public Works. entitled "Street Excavation Repair 1961."A copy of the relevant standards and specifications shall be attached to each permit issued. "Street Excavation Repair 1961 Seuthaendrinelima 4 (1' Hot asphaltic concrete, sheet asphalt, emulsified asphalt, chip seals, and oil mat Section IX. The title to Article 3 of Chapter 18, and Section 18-35 of that Chapter and Article of the South Bend Municipal Code are hereby amended to read in their entirety as follows: ARTICLE 3 — CONSTRUCTION AND REPAIR OF SIDEWALKS, CURBS GUTTERS,DRIVEWAYS,ALLEYS,AND ROADWAYS Sec. 18-35 Duty of abutting property owner; permit;issuance; fees. 5 (a) Any property owner (which includes tenant, occupant or contractor) upon his own initiative and without notice may, or in case of written notice from the Board of Public Works-and-Safety or its designee as provided by law shall, construct, reconstruct, repair and grade a sidewalk and/or curb and/or gutter at the edge of a sidewalk and/or driveway and/or roadway and/or or alley abutting or bordering upon the property. (b) Such owner shall first make application to the City Engineer or his designee for a permit to be issued by such Board. (c) Upon compliance with the provision of this Section and approval of the application by the City Engineer or his designee the Board shall issue a permit. (d) The permit fee for each ... : . . ._ - . . .. !.!! type of construction shall be as follows: Filing Fee $25.00 Curb and Sidewalk 0.50 per LFT Roadway or Alley $1.00 per LFT Re-inspection Fee - $25.00 each (e)The permit fee for each curb cut shall be administered as specified in the following table: Residential—New $55.00 Residential—Modification $40.00 Non-Residential—New $155.00 Non-Residential—Modification $120.00 Section X. Chapter 18, of the South Bend Municipal Code, shall be amended to add a new Article 7 governing the use of City of South Bend right-of-ways by those .persons or organizations seeking a permit to do so. The following new Article 7 which contains two new Sections--18-60 and 18-61-- shall read in its entirety as follows: Article 7.—RIGHT-OF-WAY OCCUPANCY AND BARRICADE PERMITS Sec. 18-60.—Commercial,construction,recreational use of the right-of-way (a) Application Required (1) Not less than forty-eight (48)hours prior to the anticipated occupancy of a portion of any City right-of-way, and not less than seven (7) days prior to the anticipated full closure of City right-of-way, those parties desiring to temporarily obstruct a city right-of-way shall make application to the City of South Bend through the City Engineer's Office; however, said time limits may be waived for applications determined to be emergencies by the City Engineer. 6 (2) Said application shall contain an adequate description of the use to be made of the occupied portion of City right-of-way including the size, location, purpose and type of structure to be located thereupon. (3) The Applicant shall pay fees for use of any right-of-way as established in Sec. 18-61(d) below whenever temporary obstructions to the right-of-way exceed typical obstruction allowances that are inherent with construction activities for which permit fees were previously paid for excavation permits and/or access permits. For purposes of this Section "typical obstruction allowances" shall mean be five (5) days or less for the obstruction of a non-traffic lane or right-of-way; two (2) hours or less where traffic lanes are obstructed and traffic is maintained on a collector roadway; and one (1) hour or less where traffic lanes are obstructed and traffic is maintained on an arterial roadway. No consideration of previously paid pennit fees will occur for road closures. (4) City-funded or City Utilities-funded public improvement construction projects shall not be subject to City barricade fees; however, the contractor or City department doing any such construction work must apply and receive approval for barricade permits as described in subpart "1" of this Section. (b) Departmental Approvals Required (1) Approval of any barricade or temporary occupancy permit under this Section is contingent upon the applicant securing any other permit(s) applicable by City ordinance, including but not limited to excavation permit, access permit over- size/overweight permit,public assembly permit, parade permit, and/or block party permits. (2) Before any barricade or temporary occupancy permit shall be granted, the same shall be reviewed by City Police and the Department of Public Works, and approved by the City Engineer. Right-of-way use requested by the applicant is subject to change as a result of this review. (3) Once an applicant's right-of-way use is established and approved, it shall not be subject to change or modification by the applicant except with additional reviewing-agency approval. The City reserves the right to cause a change in location or date for reasons of public safety. Sec. 18-61. Conditions of any barricade permit (a) Indemnity: No permit shall be granted unless the applicant shall have undertaken to indemnify and save harmless the City of South Bend of and from any and all losses or claims which may be asserted by anyone by reason of the granting of such permit and the occupancy of the right-of-way by the applicant. 6h2 Restoration: The applicant shall covenant to restore the right-of-way to a like or better condition than existed prior to the permitted use upon conclusion of the approved occupancy. Barricades and Signs: All barricades and signs shall conform to the latest revision of the Indiana Manual on Uniform Traffic Control Devices as well as any additional 7 requirements deemed appropriate by the Department of Public Works or Police Department when necessitated by special or additional safety considerations. Permittees shall bear the expense of obtaining, erecting, maintaining and removing barricades and signs. Applicant shall also designate a representative by name and 24- hour phone number for notification by City when maintenance of barricading is required. (d1 Barricade Fee Schedule: Permit fees shall not be waived. The term "week" is defined as a period from 1 to 7 days. Type Street Complete Closure Traffic Lane Restrictions Non-Traffic Restrictions Residential $75 .00/week $35 .00/week $35.00/week Collector $50.00/day/lane $50.00/day/lane $35.00/week Arterial $75.00/day/lane $75.00/day/lane $35.00/week If a fee is paid to obstruct a portion of the roadway and if the right-of-way adjacent to the road will be obstructed for the same duration of time as the roadway, an additional charge will not be assessed for the area adjacent to the roadway. fe) Penalty for Violation: Any person who fails to obtain the necessary right-of-way occupancy permit shall be shall be fined not less than one hundred dollars($100.001 per day nor more than one thousand ($1,000.001 per day, until such time as an approved permit is obtained, in addition to being liable for the appropriate fee from the date said occupancy began. Enforcement proceedings may be initiated upon complaint by the Department of Public Works or by any affected individual. Section XI. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and any publi • ired_ law. Memberil irrCouncil Attest: , dah op ty fec f and (coca on Ele WA, John Voorde, City Clerk Gourd Presented 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 8 Approved and signed by me on the day of , 2015, at o 'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana • Flied in Clerk's Office In READING I�' JILII 0 PUBLIC HEARING 3 rd READING 9 ,JOHN"VOOHDR NOT APPROVED Orr OLERf,t,SOUTH BEND,IN REFERRED •°--"-- .�......,,..., _ PASSED ' 500x6,� O 4 , ltiI4/ \. IC \ J ii all ":• 1865_..:P. CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS October 7,2015 Mr.Tim Scott Council President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amending the South Bend Municipal Code to cover fees associated with various permits and reviews. Dear Council President Tim Scott, Attached for filing with the South Bend Common Council is an Ordinance to amend the South Bend Municipal Code in Chapters,6., 17,and 18 that contain sections covering fees for reviews and permits associated with stormwater control and construction in the public right-of-way. The purpose of this ordinance is to authorize the City's Public Works Department and Engineering Division to charge certain reasonable fees to recover the costs of providing certain services to persons requesting site developments; roadway excavations; construction or repair of sidewalks, curbs,gutters,driveways,alleys and roadways; and barricade permits. At this time when property tax revenues do not and cannot keep pace with costs of furnishing local governmental services, it is equitable that persons who require City oversight and supervision for building,construction and similar rights of way projects, directly defray the costs for the time and expenses of the City's furnishing of its expertise and services. Many of the fees being addressed in the Municipal Code have not been adjusted for over 50 years. Either I, or Director of Public Works Eric Horvath, will present this Bill to the Common Council at its appropriate committee meeting and at the public hearing during the Common Council's regular meeting. Thank you for your consideration of this matter. Sincere) Filed f... . Off C@ rOff , � tt115 Patrick C. Kerr, PhD, PE City Engineer CITY CLERK,SOWN FEND,IN I)livs (Aat O . I 1 ? RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,ENCOURAGING PUBLIC PARTICIPATION IN THE CITY OF SOUTH BEND FLAG DESIGN CONTEST AND SETTING FORTH THE GOVERNING RULES AND REGULATIONS FOR FORMAL APPROVAL Offerear,the South Bend Common Council notes that one of the many activities of celebrating the City of South Bend's Sesquicentennial is to have the public participate in designing and creating a new city flag which "captures the spirit of our city's past, present and future"; and z - I ,- South Bend's current city flag depicts the official City Seal, which was formally adopted before 1933. The City Seal ordinance was codified into the South Bend Municipal Code as Section 1-5; however in researching the governmental and historical records,there are no similar documents which have been located as to when or if the current City Flag was formally approved; and fie, having public participation in a City of South Bend Flag Design Contest provides an opportunity for our community to "proudly display its love of South Bend in a dynamic, creative and symbolic way" and to develop a new symbol to "unify residents and speaks to visitors" for generations to come; and , the South Bend 150 Celebration Committee is currently overseeing the City of South Bend Flag Design Contest which has posted the guidelines and entry procedures at sb150.com/flag and has a deadline of Monday, November 16, 2015, at 5:00 p.m. for all design proposals; and posted Entry Rules suggest that all flag design proposals include symbolic, visual or design representation of four city-wide themes: The River, Connectivity, Ethnically Diverse Heritage, and Innovation which would utilize the current South Bend colors of blue,red and yellow; and be designed in keeping with the"North American Vexillological Association's Five Basic Principles of Flag Design", as further detailed in the website sb150.com/flag; and representatives of the South Bend 150 Celebration Committee are scheduled to select the flag design finalists with residents able to weigh in on designs on display at the former College Football Hall of Fame as part of First Friday events on December 4, 2015; and Resolution on the City of South Bend Flag Design Contest Page 2 * * * * =life R 0 * * * * * by way of comparison, the design of the Indiana State Flag * * * * was the result of a "design competition sponsored by the Society of the Daughters of the American Revolution" during the State of Indiana's 1916 Centennial Celebration. Over 200 proposals were received and reviewed with the winning design being that of Moorseville, Indiana artist Paul Hadley. The Indiana General Assembly formally adopted the official state flag effective May 31, 1917, with the Indiana General Assembly's statute being codified as Indiana Code § 1-2-2. The Indiana State Flag depicts a "flaming torch standing for liberty and enlightenment...the thirteen stars of the outer circle represent the thirteen original colonies...the five stars of the inner circle represent the next five states admitted to the Union [and] the largest star, positioned at the top of the torch...represents Indiana, the nineteenth state; and GHQ, upon a final city flag design being selected, as outlined above, an ordinance properly amending Chapter 1 of the South Bend Municipal Code would be filed with the Office of the City Clerk. This would enable the Common Council to pass or defeat, at a public meeting, an ordinance regarding the new City Flag, and if approved formally codifying it into the City Code along with appropriate regulations addressing its display and use at public functions, as well as retiring and disposal of a City Flag when it is no longer a fitting emblem for display, as well as addressing other appropriate regulations, and Offereadi if a new City Flag is approved, the Common Council shall, in a separate Resolution, set forth the date and proper procedures to retire the current City Flag to a place of honor. arm, g/e xg6re, ie [c rertoloerl dee 'ammen carin a ides e 9/S Jrnektne4 adfollemb Section I. The South Bend Common Council encourages and welcomes vibrant public participation in the ongoing City of South Bend Flag Design Contest. Section II. The Common Council encourages anyone wishing to participate to get more information from the website sb 150.com/flag and submit a flag design proposal by the deadline of Monday,November 16, 2015, at 5:00 p.m. Section III. The final flag designs selected by representatives of the South Bend 150 Celebration Committee must be consistent with the "Entry Rules, Thematic Elements to Include, Colors, and Five Basic Principles of Flag Design posted at sb150.com/flag. Resolution on the City of South Bend Flag Design Contest Page 3 Section IV. Upon a final flag design being selected, an ordinance properly amending Chapter 1 of the South Bend Municipal Code will be required to be filed with the Office of the City Clerk to enable the Common Council to pass or defeat the final flag design at a public meeting. If approved,such an ordinance would be formally codified into the City Code, along with appropriate regulations addressing its display and use at public functions, as well as retiring and disposal of a City Flag when it is no longer a fitting emblem for display, and other appropriate regulations. Additionally, if the Common Council passes such an ordinance, it must also adopt a formal Resolution setting forth the date and proper procedures to retire the current City Flag to a place of honor. Section V. This Resolution shall be in full force and e -ct from and after its as ; .Hon by the Common Council and approval by the Mayor. Tim Scott, l sc District Council Member South Bend Common Council President Gavin Ferlic, Council Member at Large Votes in Favor Votes in Opposition e..T.177afG.• John Voorde, City Clerk rend 6,me fa tie 4r yeas 919.a grand tirne&ne4 an de // , 20/5at 64464 . m Janice Talboom,Deputy City Clerk Sfrealandigmalrnamtie ra iace " iVaad r ' Adana onafe 5g , 2015 at o.Weak . ✓�' Pete Buttigieg, Mayor City of South Bend, Indiana PRPSENTlq Rol; aPPROys ADOPTiGW >'' Common Council City of South Bend Indiana Tim Scott,Council President 4th Floor County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601 (574)235-5980 (574)235-9173 Facsimile (574)235-5567 TTY/TDD November 3, 2015 The South Bend Common Council 4d' Floor County-City Building South Bend, Indiana 46601 Dear Council Members: We are pleased to introduce the attached Resolution which is designed to help further promote the ongoing City of South Bend Flag Design Contest, and set forth the process for finalizing the selection. As noted in the website promoting the City of South Bend Flag Design Contest, sb150.com/flag symbols such as city flags play a very important role in building local pride and loyalty, as well as providing a great opportunity for public participation during this year's Sesquicentennial. By having a public hearing on this proposed Resolution, it helps heighten awareness of the ongoing city flag design contest. We encourage people to submit their flag design by Monday, November 16, 2015, at 5:00 p.m. People of all ages are encouraged to participate. We recommend that this Resolution be sent to the Community Relations Committee and then heard at next Monday's Common Council meeting, so that some of the representatives from the South Bend 150 Celebration Committee may be in attendance. Thank you. Most ,..cere Tim Scott, 1s' Distincil Member Gavin Ferlic, Council Member at Large Attachment BILL NO. t, P O ORDINANCE NO. AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA ON BEHALF OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 ZONING OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY REPEALING AND REPLACING ARTICLE 12 FLOODPLAIN REGULATIONS, IN ORDER TO ADOPT THE MOST RECENT FEDERAL AND STATE REQUIREMENTS. STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 21 of the South Bend Municipal Code, Article 12 Floodplain Regulations to reflect changes as required by the Federal Emergency Management Agency(FEMA). This ordinance has been recommended for approval by the Area Plan Commission of St. Joseph County, Indiana, and is substantially equivalent to ordinances being adopted by all other participating political subdivisions of St. Joseph County, Indiana. • The Common Council of the City of South Bend recognizes its duty to enact amendments to the Floodplain Regulations in order to continue to qualify for participation in the National Flood Insurance Program. The Common Council further recognizes that a study of the flood-prone areas in the City of South Bend, Indiana, has been prepared and published by the Federal Emergency Management Agency, and identifies the floodplains, floodways and floodway fringe areas within the City in conjunction with the National Flood Insurance Program. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. CHAPTER 21 ZONING, ARTICLE 12 FLOODPLAIN REGULATIONS, of the Municipal Code of the City of South Bend, Indiana, shall be deleted in its entirety. SECTION II. CHAPTER 21 ZONING, of the Municipal Code of the City of South Bend, Indiana, shall be amended by adding new ARTICLE 12 FLOODPLAIN REGULATIONS to read in its entirety as follows: ARTICLE 12 FLOODPLAIN REGULATIONS Section 21-12 Floodplain Regulations Section 21-12.01. Statutory Authorization, Findings of Fact, Purpose, and Objectives (1) Statutory Authorization. The Indiana Legislature has in IC 36-7-4 granted the power to local government units to control land use within their jurisdictions. Therefore,the Common Council of City of South Bend, Indiana does hereby adopt the following floodplain management regulations. (2) Findings of Fact. (A) The flood hazard areas of the City of South Bend, Indiana are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (B) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, inadequately flood-proofed, or otherwise unprotected from flood damages. (3) Statement of Purpose. It is the purpose of this Article to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (A) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities; (B) Require that uses vulnerable to floods, including facilities which serve such uses,be protected against flood damage at the time of initial construction; (C) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (D) Control filling, grading, dredging, and other development which may increase erosion or flood damage; (E) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and, (F) Make federal flood insurance available for structures and their contents in the City of South Bend, Indiana by fulfilling the requirements of the National Flood Insurance Program. (4) Objectives. The objectives of this Article are: (A) To protect human life and health; (B) To minimize expenditure of public money for costly flood control projects; (C) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (D) To minimize prolonged business interruptions; (E) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets,and bridges located in floodplains; and (F) To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas. Section 21-12.02. Definitions Unless specifically defined below, words or phrases used in this Article shall be interpreted so as to give them the meaning they have in common usage and to give this Article its most reasonable application. In addition to the definitions contained in Article 12—Definitions,the following definitions shall apply to the Floodplain Regulations of this Chapter. (1) A zone means portions of the SFHA in which the principal source of flooding is runoff from rainfall, snowmelt,or a combination of both. In A zones, floodwaters may move slowly or rapidly, but waves are usually not a significant threat to buildings. These areas are labeled as Zone A, Zone AE, Zones Al-A30, Zone AO, Zone AH, Zone AR and Zone A99 on a FIRM. The definitions are presented below: Zone A: Areas subject to inundation by the one-percent annual chance flood event. Because detailed hydraulic analyses have not been performed, no base flood elevation or depths are shown. Zone AE and Al-A30: Areas subject to inundation by the one-percent annual chance flood event determined by detailed methods. Base flood elevations are shown within these zones. (Zone AE is on new and revised maps in place of Zones Al-A30). Zone AO: Areas subject to inundation by one-percent annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Zone AH: Areas subject to inundation by one-percent annual chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Zone AR: Areas that result from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide base flood protection. Zone A99: Areas subject to inundation by the one-percent annual chance flood event, but which will ultimately be protected upon completion of an under- construction Federal flood protection system. These are areas of special flood hazard where enough progress has been made on the construction of a protection system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. Zone A99 may only be used when the flood protection system has reached specified statutory progress toward completion.No base flood elevations or depths are shown. (2) Accessory structure(appurtenant structure) means a structure with a floor area 400 square feet or less that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal initial investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds. (3) Addition (to an existing structure) means any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load- bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction. (4) Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this Article. (5) Area of shallow flooding means a designated AO or AH Zone on the community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. (6) Base Flood means the flood having a one percent chance of being equaled or exceeded in any given year. (7) Base Flood Elevation (BFE)means the elevation of the one-percent annual chance flood. (8) Basement means that portion of a structure having its floor sub-grade (below ground level) on all sides. (9) Boundary River means the part of the Ohio River that forms the boundary between Kentucky and Indiana. (10) Boundary River Floodway means the floodway of a boundary river. (11) Building- see "Structure." (12) Community means a political entity that has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction. (13) Community Rating System (CRS) means a program developed by the Federal Insurance Administration to provide incentives for those communities in the Regular Program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding. (14) Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals,police, fire, and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. (15) D Zone means unstudied areas where flood hazards are undetermined,but flooding is possible. Flood insurance is available in participating communities but is not required by regulation in this zone. (16) Development means any man-made change to improved or unimproved real estate including but not limited to: (A) construction, reconstruction, or placement of a structure or any addition to a structure; (B) installing a manufactured home on a site, preparing a site for a manufactured home or installing a recreational vehicle on a site for more than 180 days; (C) installing utilities, erection of walls and fences, construction of roads, or similar projects; (D) construction of flood control structures such as levees, dikes, dams, channel improvements, etc.; (E) mining, dredging, filling, grading, excavation, or drilling operations; (F) construction and/or reconstruction of bridges or culverts; (G) storage of materials; or (H) any other activity that might change the direction, height, or velocity of flood or surface waters. "Development" does not include activities such as the maintenance of existing structures and facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent structures. (17) Elevated structure means a non-basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, filled stem wall foundations (also called chain walls), pilings, or columns (posts and piers). (18) Elevation Certificate is a certified statement that verifies a structure's elevation information. (19) Emergency Program means the first phase under which a community participates in the NFIP. It is intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM. (20) Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including, at a minimum,the installation of utilities,the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the community's first floodplain ordinance. (21) Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including the installation of utilities,the construction of streets, and either final site grading or the pouring of concrete pads). (22) FEMA means the Federal Emergency Management Agency. (23) Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source. (24) Flood Boundary and Floodway Map (FBFM)means an official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway. (25) Flood Insurance Rate Map (FIRM)means an official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (26) Flood Insurance Study (FIS) is the official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface elevation of the base flood. (27) Flood Prone Area means any land area acknowledged by a community as being susceptible to inundation by water from any source. (See "Flood") (28) Flood Protection Grade (FPG) is the elevation of the regulatory flood plus two feet at any given location in the SFHA. (See "Freeboard") (29) Floodplain means the channel proper and the areas adjoining any wetland, lake, or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the fringe districts. (30) Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. (31) Floodplain management regulations means this Article and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas. This term describes federal, state, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodplain management regulations are also referred to as floodplain regulations, floodplain ordinance,flood damage prevention ordinance, and floodplain management requirements. (32) Floodproofing(dry floodproofing) is a method of protecting a structure that ensures that the structure,together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces. (33) Floodproofing certificate is a form used to certify compliance for non-residential structures as an alternative to elevating structures to or above the FPG. This certification must be by a Registered Professional Engineer or Architect. (34) Floodway is the channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream. (35) Freeboard means a factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood. (36) Fringe is those portions of the floodplain lying outside the floodway. (37) Hardship (as related to variances of this Article) means the exceptional hardship that would result from a failure to grant the requested variance. The Area Board of Zoning Appeals requires that the variance is exceptional,unusual, and peculiar to the property involved. Mere economic or financial hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. (38) Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure. (39) Historic structures means any structures individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures. (40) Increased Cost of Compliance(ICC) means the cost to repair a substantially damaged structure that exceeds the minimal repair cost and that is required to bring a substantially damaged structure into compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are elevation, relocation, demolition, or any combination thereof. All renewal and new business flood insurance policies with effective dates on or after June 1, 1997, will include ICC coverage. (41) Letter of Final Determination(LFD) means a letter issued by FEMA during the mapping update process which establishes final elevations and provides the new flood map and flood study to the community. The LFD initiates the six-month adoption period. The community must adopt or amend its floodplain management regulations during this six-month period unless the community has previously incorporated an automatic adoption clause. (42) Letter of Map Change(LOMC) is a general term used to refer to the several types of revisions and amendments to FEMA maps that can be accomplished by letter. They include Letter of Map Amendment(LOMA), Letter of Map Revision (LOMR), and Letter of Map Revision based on Fill (LOMR-F). The definitions are as : (A) Letter of Map Amendment(LOMA) means an amendment to the currently effective FEMA map that establishes that a property is not located in a SFHA through the submittal of property-specific elevation data. A LOMA is only issued by FEMA. (B) Letter of Map Revision (LOMR) means an official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations. (C) Letter of Map Revision Based on Fill (LOMR-F) means an official revision by letter to an effective NFIP map. A LOMR-F provides FEMA's determination concerning whether a structure or parcel has been elevated on fill above the BFE and excluded from the SFHA. (43) Lowest adjacent grade means the lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support,or basement entryway immediately next to the structure. (44) Lowest floor means the lowest elevation described among the following: (A) The top of the lowest level of the structure. (B) The top of the basement floor. (C) The top of the garage floor, if the garage is the lowest level of the structure. (D) The top of the first floor of a structure elevated on pilings or pillars. (E) The top of the floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of flood waters unless: i. the walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters by providing a minimum of two ®openings (in addition to doorways and windows) in a minimum of two II exterior walls; if a structure has more than one enclosed area, each shall have openings on exterior walls; ii. the total net area of all openings shall be at least one (1) square inch for every one square foot of enclosed area; the bottom of all such openings shall be no higher than one (1) foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher; and, ii. such enclosed space shall be usable solely for the parking of vehicles and building access. (46) Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." (47) Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. (48) Market value means the building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of building(actual cash value), or adjusted assessed values. (49) Mitigation means sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the cost of disaster response and recovery. (50) National Flood Insurance Program (NFIP) is the federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the Federal Government and the private insurance industry. (51) National Geodetic Vertical Datum (NGVD) of 1929 as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. (52) New construction means any structure for which the"start of construction" commenced after the effective date of the community's first floodplain ordinance. (53) New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities,the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the community's first floodplain ordinance. (54) Non-boundary river floodway means the floodway of any river or stream other than a boundary river. (55) North American Vertical Datum of 1988 (NAVD 88) as adopted in 1993 is a vertical control datum used as a reference for establishing varying elevations within the floodplain. (56) Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. (57) One-percent annual chance flood is the flood that has a one percent(1%) chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the one-percent annual chance flood. See"Regulatory Flood". (58) Physical Map Revision (PMR) is an official re ublication of a community's FEMA map to effect changes to base annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs. (59) Public safety and nuisance means anything which is injurious to the safety or health of an entire community, neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. (60) Recreational vehicle means a vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling, but as quarters for recreational camping,travel, or seasonal use. (61) Regular program means the phase of the community's participation in the NFIP where more comprehensive floodplain management requirements are imposed and higher amounts of insurance are available based upon risk zones and elevations determined in a FIS. (62) Regulatory flood means the flood having a one percent(1%) chance of being • equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in Section 21-12.03 (2) of this Article. The "Regulatory Flood" is also known by the term "Base Flood", "One-Percent Annual Chance Flood", and"100-Year Flood". (63) Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equaled or exceeded 25%of the market value of the structure before the damage occurred. (64) Section 1316 is that section of the National Flood Insurance Act of 1968, as amended, which states that no new flood insurance coverage shall be provided for any property that the Administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that intended to discourage or otherwise restrict land development or occupancy in flood-prone areas. (65) Special Flood Hazard Area (SFHA) means those lands within the jurisdiction of the City of South bend, Indiana subject to inundation by the regulatory flood. The SFHAs of the City of South Bend are generally identified as such on the St. Joseph County, Indiana and Incorporated Areas Flood Insurance Rate Map dated January 6, 2011 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. (These areas are shown on a FIRM as Zone A, AE, Al- A30, AH, AR,A99, or AO). (66) Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the. placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings,piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (67) Structure means a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days. (68) Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (69) Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure,the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "repetitive loss"or "substantial damage" regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of a "historic structure", provided that the alteration will not preclude the structures continued designation as a "historic structure". (70) Suspension means the removal of a participating community from the NFIP because the community has not enacted and/or enforced the proper floodplain management regulations required for participation in the NFIP. (71) Variance is a grant of relief from the requirements of this Article, which permits construction in a manner otherwise prohibited by this Article where specific enforcement would result in unnecessary hardship. (72) Violation means the failure of a structure or other development to be fully compliant with this Article. A structure or other development without the elevation, other certification, or other evidence of compliance required in this Article is presumed to be in violation until such time as that documentation is provided. (73) Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (74) X zone means the area where the flood hazard is less than that in the SFHA. Shaded X zones shown on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a 0.2 percent chance of being equaled or exceeded (the 500-year flood). Unshaded X zones (C zones on older FIRMs) designate areas where the annual exceedance probability of flooding is less than 0.2 percent. (75) Zone means a geographical area shown on a FHBM or FIRM that reflects the severity or type of flooding in the area. (76) Zone A(see definition for A zone). (77) Zone B, C, and X means areas identified in the community as areas of moderate or minimal hazard from the principal source of flood in the area. However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is available in participating communities but is not required by regulation in these zones. (Zone X is used on new and revised maps in place of Zones B and C). Section 21-12.03. General Provisions (1) Lands to Which This P'Ioodplain Regulations Art Applies This Article shall apply to all SFHAs and known flood prone areas within the jurisdiction of the City of South Bend, Indiana. —Basis for Establishing Regulatory Flood Data. This Article's protection standard is the regulatory flood. The best available regulatory flood data is ig (A) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of the City of South Bend, Indiana shall be as delineated on the one-percent annual chance flood profiles in the Flood Insurance Study of St. Joseph County, Indiana and Incorporated Areas dated January 6, 2011 and the corresponding Flood Insurance Rate Map dated January 6, 2011 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. (B) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of the City of South Bend, Indiana, delineated as an "A Zone" on the St. Joseph County, Indiana and Incorporated Areas Flood Insurance Rate Map dated January 6, 2011 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date, shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile. Whenever a party disagrees with the best available data, the party needs to replace existing data with better data that meets current engineering standards. To be considered,this data must be submitted to the Indiana Department of Natural Resources for review and subsequently approved. (C) In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community's known flood prone areas shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile. (D) Upon issuance of a Letter of Final Determination(LFD), any more restrictive data in the new(not yet effective) mapping/study shall be utilized for permitting and construction (development)purposes,replacing all previously effective less restrictive flood hazard data provided by FEMA. (3) Establishment of Floodplain Development Permit. A Floodplain Development Permit shall be required in conformance with the provisions of this Article prior to the commencement of any development activities in areas of special flood hazard. (4) Compliance. No structure shall hereafter be located, extended, converted or structurally altered within the SFHA without full compliance with the terms of this Article and other applicable regulations. No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this Article and other applicable regulations. (5) Abrogation and Greater Restrictions. This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (6) Discrepancy between Mapped Floodplain and Actual Ground Elevations. (A) In cases where there is a discrepancy between the mapped floodplain(SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles shall govern. (B) If the elevation of the site in question is below the base flood elevation,that site shall be included in the SFHA and regulated accordingly. (C) If the elevation (natural grade)of the site in question is above the base flood elevation and not located within the floodway,that site shall be considered outside the SFHA and the floodplain regulations will not be applied. The property owner shall be advised to apply for a LOMA. (7) Interpretation. In the interpretation and application of this Article all provisions shall be: (A) Considered as minimum requirements; (B) Liberally construed in favor of the governing body; and, (C) Deemed neither to limit nor repeal any other powers granted under state statutes. (8) Warning and Disclaimer of Liability. The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this Article does not create any liability on the part of the City of South Bend, Indiana,the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this Article or any administrative decision made lawfully thereunder. (9) Penalties for Violation. Failure to obtain a Floodplain Development Permit in the SFHA or failure to comply with the requirements of a Floodplain Development Permit or conditions of a variance shall be deemed to be a violation of this Article. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Ordinance of the City of South Bend, Indiana. All violations shall be punishable by a fine (See Section 21-10(h) Fines). (A) A separate offense shall be deemed to occur for each day the violation continues to exist. (B) The City of South Bend Zoning Administrator shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended. (C) Nothing herein shall prevent the City of South Bend, Indiana from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. Section 21-12.04. Administration (1) Designation of Administrator. The Common Council of the City of South Bend, Indiana hereby appoints the Zoning Administrator to administer and implement the provisions of this Article and is herein referred to as the Floodplain Administrator. (2) Permit Procedures. Application for a Floodplain Development Permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following: plans in duplicate drawn to scale showing the nature,location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically the following information is required: (A) Application Stage i. A description of the proposed development; ii. Location of the proposed development sufficient to accurately locate property and structure(s) in relation to existing roads and streams; iii. A legal description of the property site; iv. A site development plan showing existing and proposed development locations and existing and proposed land grades; v. Elevation of the top of the lowest floor(including basement) of all proposed buildings. Elevation should be in NAVD 88 or NGVD; vi. Elevation (in NAVD 88 or NGVD) to which any non-residential structure will be floodproofed; and vii. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A hydrologic and hydraulic engineering study is required and any watercourse changes submitted to DNR for approval and then to FEMA as a Letter of Map Revision. (See Section 21-12.04 (3) (F) for additional information). (B) Construction Stage. Upon establishment of the floodproofed elevation of a floodproofed structure, it shall be the duty of the applicant to submit to the Floodplain Administrator a floodproofing certificate. Certification shall be prepared by or under the direct supervision of a registered professional engineer and certified by same (The Floodplain Administrator shall review the floodproofing certification submitted). The applicant shall correct any deficiencies detected by such review before any further work is allowed to proceed. Failure to submit the floodproofing certification or failure to make correction required shall be cause to issue a stop-work order for the project. (C) Finished Construction. Upon completion of construction, an elevation certification(FEMA Elevation Certificate Form 81-31 or any future updates) which depicts the"as-built" lowest floor elevation is required to be submitted to the Floodplain Administrator. If the project includes a floodproofing measure, floodproofing certification(FEMA Floodproofing Certificate Form 81-65 or any future updates) is required to be submitted by the applicant to the Floodplain Administrator. (3) Duties and Responsibilities of the Floodplain Administrator The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this Article. The administrator is further authorized to render interpretations of this Article, which are consistent with its spirit and purpose. Duties and Responsibilities of the Floodplain Administrator shall include, but not be limited to: (A) Review all floodplain development permits to assure that the permit requirements of this Article have been satisfied; (B) Inspect and inventory damaged structures in the SFHA and complete substantial damage determinations; (C) Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to Section 21-12.05 (5) and Section 21-12.05 (7) (A) of this Article, and maintain a record of such authorization (either copy of actual permit or floodplain analysis/regulatory assessment); (D) Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit. Copies of such permits/authorizations are to be maintained on file with the floodplain development permit (E) Maintain and track permit records involving additions and improvements to residences located in the floodway; (F) Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA; (G) Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Change (LOMC), copies of DNR permits, letters of authorization, and floodplain analysis and regulatory assessments(letters of recommendation), federal permit documents, and"as- built"elevation and floodproofing data for all buildings constructed subject to this Article; (H) Utilize and enforce all Letters of Map Change (LOMC)or Physical Map Revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community; (I) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished; (J) Review certified plans and specifications for compliance; (K) Verify and record the actual elevation of the lowest floor(including basement) of all new or substantially improved structures, in accordance with Section 21- 12.04 (2); (L) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed, in accordance with Section 21- ' 12 (d) (2); (M) Stop Work Orders i Upon notice from the Floodplain Administrator, work on any building, structure or premises that is being done contrary to the provisions of this Article shall immediately cease. ii Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. (N) Revocation of Permits i The Floodplain Administrator may revoke a permit or approval, issued under the provisions of the Article, in cases where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. ii The Floodplain Administrator may revoke a permit upon determination by the floodplain administrator that the construction, erection, alteration, repair,moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this Article. Section 21-12.05. Provisions for Flood Hazard Reduction (1) General Standards In all SFHAs and known flood prone areas the following provisions are required: (A) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; (B) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces; (C) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG; (D) New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage; (E) Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG; (F) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (G) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (H) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; (I) Any alteration, repair, reconstruction or improvements to a structure that is in compliance with the provisions of this Article shall meet the requirements of "new construction"as contained in this Article; (J) Whenever any portion of the SFHA is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the BFE shall be compensated for and balanced by an equivalent volume of excavation taken below the BFE. The excavation volume shall be at least equal to the volume of storage lost(replacement ratio of 1 to 1) due to the fill or structure. i. The excavation shall take place in the floodplain and in the same property in which the authorized fill or structure is located; ii. Under certain circumstances,the excavation may be allowed to take place outside of but adjacent to the floodplain provided that the excavated volume will be below the regulatory flood elevation, will be in the same property in which the authorized fill or structure is located, will be accessible to the regulatory flood water,will not be subject to ponding when not inundated by flood water, and that it shall not be refilled; iii. The excavation shall provide for true storage of floodwater but shall not be subject to ponding when not inundated by flood water; iv. The fill or structure shall not obstruct a drainage way leading to the floodplain; v. The grading around the excavation shall be such that the excavated area is accessible to the regulatory flood water; vi. The fill or structure shall be of a material deemed stable enough to remain firm and in place during periods of flooding and shall include provisions to protect adjacent property owners against any increased runoff or drainage resulting from its placement; and, vii. Plans depicting the areas to be excavated and filled shall be submitted prior to the actual start of construction or any site work; once site work is complete, but before the actual start of construction,the applicant shall provide to the Floodplain Administrator a certified survey of the excavation and fill sites demonstrating the fill and excavation comply with this article. (2) Specific Standards In all SFHAs, the following provisions are required: (A) In addition to the requirements of Section 21-12 .05 (1), all structures to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations: i. Construction or placement of any new structure having a floor area greater than 400 square feet; ii. Addition or improvement made to any existing structure where the cost of the addition or improvement equals or exceeds 50%of the value of the existing structure (excluding the value of the land); iii. Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to its before damaged condition equals or exceeds 50% of the market value of the structure (excluding the value of the land) before damage occurred; iv. Installing a travel trailer or recreational vehicle on a site for more than 180 days; v. Installing a manufactured home on a new site or a new manufactured home on an existing site. This Article does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; vi. Reconstruction or repairs made to a repetitive loss structure; and vii. Addition or improvement made to any existing structure with a previous addition or improvement constructed since the community's first floodplain ordinance. (B) Residential Structures. New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor; including basement, at or above the FPG(two feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Section 21- 12.05 (2) (D). (C) Non-Residential Structures. New construction or substantial improvement of any commercial, industrial, or non-residential structure (or manufactured home) shall either have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Section 21- 12.05 (2) (D). Structures located in all "A Zones"may be floodproofed in lieu of being elevated if done in accordance with the following: i. A Registered Professional Engineer or Architect shall certify that the structure has been designed so that below the FPG,the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the floodplain administrator as set forth in Section 21-12.04 (3) (L). ii. Floodproofing measures shall be operable without human intervention and without an outside source of electricity. (D) Elevated Structures. New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG. Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs must either meet the following minimum criteria: i. Provide a minimum of two openings located in a minimum of two exterior walls(having a total net area of not less than one square inch for every one square foot of enclosed area). ii. The bottom of all openings shall be no more than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher. iii. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. iv. Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area(stairway or elevator). v. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. vi. The interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade. vii. Property owners shall be required to execute and record with the structure's deed a non-conversion agreement declaring that the area below the lowest floor(where the interior height of the enclosure exceeds 6 feet) shall not be improved, finished or otherwise converted; the community will have the right to inspect the enclosed area. The non- conversion agreement shall be recorded in the office of the St. Joseph County Recorder. (E) Structures Constructed on Fill. A residential or nonresidential structure may be constructed on a permanent land fill in accordance with the following: i. The fill shall be placed in layers no greater than 1 foot deep before compacting to 95%of the maximum density obtainable with either the Standard or Modified Proctor Test method. The results of the test showing compliance shall be retained in the permit file. ii. The fill shall extend 10 feet beyond the foundation of the structure before sloping below the FPG. iii. The fill shall be protected against erosion and scour during flooding by vegetative cover,riprap, or bulkheading. If vegetative cover is used,the slopes shall be no steeper than 3 horizontal to 1 vertical. iv. The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties. v. The top of the lowest floor including basements shall be at or above the FPG. vi. Fill shall be composed of clean granular or earthen material. (F) Standards for Manufactured Homes and Recreational Vehicles. Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following requirements: i. These requirements apply to all manufactured homes to be placed on a site outside a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage"as a result of a flood: a. The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. b. Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in Section 21-12.05 (2) (D). c. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings. ii. These requirements apply to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood: a. The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elevations that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. b. Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in Section 21-12.05 (2) (D). c. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings. iii. Recreational vehicles placed on a site shall either: a. be on site for less than 180 days; b. be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or c. meet the requirements for"manufactured homes"as stated earlier in this section. G. Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures. Such structures must meet the following standards: i. Shall not be used for human habitation. ii. Shall be constructed of flood resistant materials. iii. Shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters. iv. Shall be firmly anchored to prevent flotation. v. Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the FPG. vi. Shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in Section 21-12.05 (2) (D). H. Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement. (3) Standards for Subdivision Proposals. (A) All subdivision proposals shall be consistent with the need to minimize flood damage; (B) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; (D) Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions), which is greater than the lesser of fifty (50) lots or five(5) acres; (E) All subdivision proposals shall minimize development in the SFHA and/or limit density of development permitted in the SFHA; and (F) All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles (especially emergency responders). (4) Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated to or above the FPG at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the FPG shall be provided to all critical facilities to the extent possible. (5) Standards for Identified Floodways. (A) Located within SFHAs, established in Section 21-12.03 (2)of this Article, are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris,potential projectiles, and has erosion potential. If the site is in an identified floodway, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources and apply for a permit for construction in a floodway. Under the provisions of IC 14-28-1 a permit for construction in a floodway from the Indiana Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving etc. undertaken before the actual start of construction of the structure. However, it does exclude non-substantial additions/improvements to existing (lawful) residences in a non-boundary river floodway. (IC 14-28-1-26 allows construction of non-substantial additions/ improvements to residences in a non-boundary river floodway without obtaining a permit for construction in the floodway from the Indiana Department of Natural Resources. Please note that if fill is needed to elevate an addition above the existing grade, prior approval for the fill is required from the Indiana Department of Natural Resources). (B) No action shall be taken by the Floodplain Administrator until a permit(when applicable)has been issued by the Indiana Department of Natural Resources granting approval for construction in the floodway. Once a permit for construction in a floodway or letter of authorization has been issued by the Indiana Department of Natural Resources,the Floodplain Administrator may issue the local Floodplain Development Permit,provided the provisions contained in Section 21-12.05 of this Article have been met. The Floodplain Development Permit cannot be less restrictive than the permit for construction in a floodway issued by the Indiana Department of Natural Resources. However, a community's more restrictive regulations (if any) shall take precedence. (C) No development shall be allowed, which acting alone or in combination with existing or future development, that will adversely affect the efficiency of, or unduly restrict the capacity of the floodway. This adverse effect is defined as an increase in the elevation of the regulatory flood of at least fifteen-hundredths (0.15) of a foot as determined by comparing the regulatory flood elevation under the project condition to that under the natural or pre-floodway condition as proven with hydraulic analyses. (D) For all projects involving channel modifications or fill(including levees)the City of South Bend, Indiana shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data per mapping standard regulations found at 44 CFR § 65.12. (6) Standards for Identified Fringe. If the site is located in an identified fringe,then the Floodplain Administrator may issue the local Floodplain Development Permit provided the provisions contained in Section 21-12.05 of this Article have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the FPG. (7) Standards for SFHAs without Established Base Flood Elevation and/or Floodways/Fringes. (A) Drainage area upstream of the site is greater than one square mile: i. If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile,the Floodplain Administrator shall require the applicant to forward the application,along with all pertinent plans and specifications, to the Indiana Department of Natural Resources for review and comment. ii. No action shall be taken by the Floodplain Administrator until either a permit for construction in a floodway or a floodplain analysis/regulatory assessment citing the 100 year flood elevation and the recommended Flood Protection Grade has been received from the Indiana Department of Natural Resources. iii. Once the Floodplain Administrator has received the proper permit for construction in a floodway (including letters of authorization) or floodplain analysis/regulatory assessment approving the proposed development, a Floodplain Development Permit may be issued provided the conditions of the Floodplain Development Permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in Section 21-12.05 of this Article have been met. (B) Drainage area upstream of the site is less than one square mile: (i) If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined and the drainage area upstream of the site is less than one square mile,the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodplain and one-percent annual chance flood elevation for the site. (ii) Upon receipt, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in Section 21-12.05 of this Article have been met. (C) The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, shall not increase the regulatory flood more than 0.14 of one foot and shall not increase flood damages or potential flood damages. (8) Standards for Flood Prone Areas. All development in known flood prone areas not identified on FEMA maps, or where no FEMA published map is available, shall meet general standards as required per Section 21-12.05. Section 21-12.06. Variance Procedures (1) Designation of Variance and Appeals Board. The St. Joseph County Area Board of Zoning Appeals (ABZA) shall hear and decide appeals and requests for variances from requirements of this Article. (2) Duties of Variance and Appeals Board. The Board(ABZA) shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Floodplain Administrator in the enforcement or administration of this Article. Any person aggrieved by the decision of the Board(ABZA)may appeal such decision to the St. Joseph County Circuit or Superior Court. (3) Variance Procedures. In passing upon such applications, the Board (ABZA) shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Article, and: (A) The danger of life and property due to flooding or erosion damage; (B) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (C) The importance of the services provided by the proposed facility to the community; (D) The necessity of the facility to a waterfront location, where applicable; (E) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (F) The compatibility of the proposed use with existing and anticipated development; (G) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (H) The safety of access to the property in times of flood for ordinary and emergency vehicles; (I) The expected height, velocity, duration,rate of rise, and sediment of transport of the floodwaters at the site; and, (J) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (4) Conditions for Variances (A) Variances shall only be issued when there is: i. A showing of good and sufficient cause; ii. A determination that failure to grant the variance would result in exceptional hardship; and, iii. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety,extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances. (B) No variance for a residential use within a floodway subject to Section 21-12.05 (5) or Section 21-12.05 (7) (A) of this Article may be granted. (C) Any variance granted in a floodway subject to Section 21-12.05 (5) or Section 21-12.05 (7) (A)of this Article will require a permit from the Indiana Department of Natural Resources. (D) Variances to the Provisions for Flood Hazard Reduction of Section 21-12.05 (2) of this Article, may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade. (E) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (F), Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures. (G) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Flood Protection Grade and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation(see Section 21-12.06 (5). (H) The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request(see Section 21-12.06 (5). (5) Variance Notification. Any applicant to whom a variance is granted that allows the lowest floor of a structure to be built below the flood protection grade shall be given written notice over the signature of a community official that: (A) The issuance of a variance to construct a structure below flood protection grade will result in increased premium rates for flood insurance up to amounts as high as $25 for$100 of insurance coverage; and; (B) Such construction below the flood protection grade increases risks to life and property. A copy of the notice shall be recorded by the owner in the office of the St. Joseph County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance. (6) Historic Structure. Variances may be issued for the repair or rehabilitation of "historic structures"upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an "historic structure"and the variance is the minimum to preserve the historic character and design of the structure. (7) Special Conditions. Upon the consideration of the factors listed in Section 21- 12.06, and the purposes of this Article, the St. Joseph County Area Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Article. (8) Became Section 21 12.07., below (9) Section 21-12.07. Severabilityi If any section, clause, sentence, or phrase of this Article is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Article. SECTION III. This ordinance shall la full r-_ 2015, after its passage by the Common uncif Member,"ou :end Common Council S, hg of Ha b only to p1 811 opportunity for public haariag and Council action of this issue. Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2015, at o'clock .m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana Filed = .office 1 READING I 1��r1 S yr it [0151 J PUBLIC HEARING 3 rd READING Jth r NOT APPROVED CITY CLEF;',.:;;L,u i-; !END, IN REFERRED PASSED LAWRENCE P. MAGLIOZZI '1 ( II1IVI1 DIRE('IOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 C'OUNT'Y-CITY BUILDING, SIIUIII BEND, INDIANA 46601 (574) 23S-9571 November 4, 2015 Tim Scott, President South Bend Common Council 4th Floor, 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Floodplain Ordinance Text Replacement Dear Mr. Scott: The Federal Emergency Management Agency has made a number of changes to the Model Floodplain Ordinance, and has requested that communities that participate in the National Flood Insurance Program adopt the changes. The Department of Natural Resources is coordinating that effort for Indiana communities. A new floodplain ordinance must be adopted by December 16, 2015 in order for communities to remain in compliance with the National Flood Insurance Program. Attached is a proposed ordinance initiated by the Area Plan Commission. The ordinance brings the City's floodplain regulations into compliance with the 2015 Model Floodplain Ordinance. The Flood Insurance Rate Maps effective January 6, 2011 remain in place. The ordinance is being reviewed by the Department of Natural Resources for conformity to the model floodplain ordinance. Please place this proposed ordinance on the November 9, 2015 Council agenda for First Reading. The Area Plan Commission will hold its public hearing on November 17, 2015 and certify the results of that public hearing the next day. It's my understanding that the Council will be able to give Second and Third Reading on this ordinance at its meeting of November 23, 2015. If you have any questions, please feel free to contact me. Sincere , Filed F _• -. ?,, Office /A--)/CD2.," Larry Maglio i FOV T 4 2015 .tor:,. :,: . CITY CLEF:..,SOL:1't"1!.:END,IN SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A C O M/A R E A P L A N ••��,..0401 "" /?, ,,,- ST.JOSEPH COUNTY/SOUTH BEND 0,>0 -•, .i\ , : ' ' 'PA BUILDING DEPARTMENT �'•o4 ��l1�l�l;/�/,mod L r~ �, ,.' ,. Q 125 S. LAFAYETTE BIRD. G� \� /' d_n "` ' SUITE 100 \� \ i� ii r. ;., ``''�3. SOUTH BEND, IN 46601 _' �� '�'' -.�my' A..•(P (574) 235-9554 ms's N .a. FAx 574-235-5541 r s 1865 JAMES D.MARKLE,R.A. CHARLES C.BULOT MARK A.LYONS Design/Plan Review Specialist BUILDING COMMISSIONER Asst.Zoning Administrator November 4, 2015 Mr. Tim Scott President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance To Amend Zoning Code Regarding Floodplain Regulations Dear Council President Scott: The Area Plan Commission of St.Joseph County has filed with the City Clerk an ordinance which repeals and replaces in its entirety the Floodplain Regulations of the City's Zoning Code, Chapter 21, Article 12 of the South Bend Municipal Code. This letter will serve as a secondary cover letter to that ordinance requesting its prompt passage. The primary purpose of this replacement ordinance is to specifically include within identified Special Flood Hazard Areas (SFHA's) and other flood prone areas insured by the Federal Emergency Management Agency (FEMA), those locations identified on the St. Joseph County Flood Insurance Rate Map dated January 6, 2011 and on any future updates, amendments or revisions prepared by FEMA. The general content of the Area Plan Commission's initiated ordinance has been recommended by the Floodplain Management Section of the Indiana Department of Natural Resources (IDEM), and we expect to receive results of that agency's specific review of the South Bend ordinance prior to November 23, 2015, the Common Council's final meeting date in November 2015. Furthermore, IDEM has charged every governmental subdivision within the State of Indiana to put into effect such an ordinance no later than December 16, 2015. Because the Area Plan Commission has initiated this ordinance, and on the face of the ordinance, has recommended its passage, we are requesting second and third reading and public hearing on this ordinance at the November 23, 2015 Council meeting. This is different from the Common Council's general practice of deferring a zoning ordinance to the Area Plan Commission prior to Common Council final review. iPA It should be noted that this replacement ordinance for Chapter 21, Article 12 of the Municipal Code does not change or in any other way affect the existing penalties. The substantive changes consist solely in adding and deleting certain definitions, rephrasing and clarifying some language, and most importantly, incorporating FEMA's Flood Insurance Rate Map of January 6, 2011 and assuring that all updates amendments and revisions prepared by FEMA shall be included within designated floodplain areas.All changes are per recommendation of either FEMA or IDEM, so there was little discretion in drafting. Although I will be out of town on November 23, 2015, I understand that Mr. Matthew Chappuies, a knoweldgeable staff planner with the Area Plan Commission, will present this ordinance to the Council at the appropriate Committee meeting and at the regular Council meeting on that date. Thank you for your assistance. We look forward to the Council's passage of this ordinance. Sincerely, Charles Bulot zz,..„..7 Building Director and Floodplain Administrator for the City of South Bend, Indiana Filed ' ? 'Ice 4 :15ENDI,' • ��.y�'te c CI71/C‘ I.E,,«.Y�.�3i.1 IN l P'0 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONCERNING THE REFUNDING OF OUTSTANDING SEWAGE WORKS REVENUE BONDS OF 2006, SEWAGE WORKS REVENUE BONDS OF 2007,AND SEWAGE WORKS REVENUE BONDS OF 2007B, EACH ISSUED TO FINANCE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL SEWAGE WORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY-EIGHT MILLION DOLLARS ($28,000,000); APPROPRIATING MONEYS FROM THE RESERVE ACCOUNT FOR SUCH BONDS (#653); ADDRESSING OTHER MATTERS CONNECTED THEREWITH; AND REPEALING ORDINANCES INCONSISTENT HEREWITH STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City"), presently owns and operates a sewage works by and through its Board of Public Works (the "Board") for the collection and treatment of sewage and other wastes (the "Sewage Works," "Works" or "works"), pursuant to the provisions of Indiana Code 36-9-23, as amended (the"Act"). The Common Council of the City (the "Common Council" or "Council") previously found in its Ordinance No. 9672-06 adopted by the Council on April 11, 2006, as amended by Ordinance No. 9767-07 adopted by the Council on June 25, 2007 (collectively, the "2006 Ordinance"), that certain improvements to said works were necessary; and that plans, specifications and estimates had been prepared and filed by the engineers employed by the City for the acquisition and construction of said improvements (as described more fully in the 2006 Ordinance) in connection with the issuance of the 2006 Bonds (as defined below), (the "2006 Project"), which plans and specifications or other pertinent information were in a timely fashion submitted to all government authorities having jurisdiction thereover, particularly the Indiana Department of Environmental Management ("IDEM"), and were approved by the aforesaid government authorities. The Council previously found pursuant to the 2006 Ordinance that certain additional improvements to said works were necessary; and that plans, specifications and estimates had been prepared and filed by the engineers employed by the City for the acquisition and construction of said improvements (as described more fully in the 2006 Ordinance) in connection with the issuance of the 2007 Bonds (as defined below) (the "2007 Project") and the 2007B Bonds (as defined below) (the "2007B Project"), which plans and specifications or other pertinent information were in a timely fashion submitted to all government authorities having jurisdiction thereover, particularly IDEM, and were approved by the aforesaid government authorities. Pursuant to the 2006 Ordinance, the City issued its (i) "Sewage Works Revenue Bonds of 2006" (the "2006 Bonds"), now outstanding in the amount of $5,740,000, and having a final maturity of December 1, 2026, (ii) "Sewage Works Revenue Bonds of 2007" (the "2007 Bonds"), now outstanding in the amount of $12,320,000, and having a final maturity of December 1, 2027; and (iii) "Sewage Works Revenue Bonds of 2007B" (the "2007B Bonds"), now outstanding in the amount of$12,280,000, and having a final maturity of December 1, 2027. The Council has determined, after being duly advised, that it is beneficial to refund each of the 2006 Bonds, 2007 Bonds and the 2007B Bonds (collectively, the "Refunded Bonds") to enable the City to obtain a reduction in interest payments and effect a savings to the City (the "Refunding") and hereby authorizes the same by issuance of the 2015 Bonds (as described herein) under the provisions of the Act. The Council finds that there are now outstanding bonds issued on account of the Works and payable out of the revenues therefrom designated as the "Sewage Works Revenue Bonds of 2009" (the "2009 Bonds"), authorized by Ordinance No. 9951-09 adopted by the Council on August 10, 2009, as amended by Ordinance No. 9971-09 adopted by the Council on October 26, 2009 (collectively, the "2009 Ordinance"), which are now outstanding in the amount of $2,592,825, and mature on December 1, 2028. The Council finds that there are now outstanding bonds issued on account of the Works and payable out of the revenues therefrom designated as the "Sewage Works Revenue Bonds of 2010" (the "2010 Bonds"), authorized by Ordinance No. 10052-10 adopted by the Council on November 8, 2010 (the "2010 Ordinance"), which are now outstanding in the amount of $7,905,000, and mature on December 1, 2030. The Council finds that there are now outstanding bonds issued on account of the Works and payable out of the revenues therefrom designated as the "Sewage Works Revenue Bonds of 2011" (the "2011 Bonds"), authorized by Ordinance No. 10118-11 adopted by the Council on September 12, 2011 (the "2011 Ordinance"), which are now outstanding in the amount of $1 9,040,000, and mature on December 1, 2031. The Council finds that there are now outstanding bonds issued on account of the Works and payable out of the revenues therefrom designated as the "Sewage Works Revenue Bonds of 2012" (the "2012 Bonds"), authorized by Ordinance No. 10189-12 adopted by the Council on October 8, 2012 (the "2012 Ordinance"), which are now outstanding in the amount of $22,965,000, and mature on December 31, 2032. The Council finds that there are now outstanding bonds issued on account of the Works and payable out of the revenues therefrom designated as the "Sewage Works Refunding Revenue Bonds of 2013" (the "2013 Bonds" and with the 2009 Bonds, 2010 Bonds, 2011 Bonds, and the 2012 Bonds, the "Prior Bonds"), authorized by Ordinance No. 10226-13 adopted by the Council on April 8, 2013 (the "2013 Ordinance" and with the 2009 Ordinance, the 2010 Ordinance, the 2011 Ordinance, and the 2012 Ordinance, the "Prior Ordinances"), which are now outstanding in the amount of$11,855,000, and mature on December 1, 2024. The Prior Bonds constitute a first charge upon the Net Revenues (as hereinafter defined). - 2 - The Prior Ordinances permit the issuance of additional revenue bonds ranking on a parity basis with the Prior Bonds for the purpose of financing the complete or partial refunding of any of the Prior Bonds, so long as certain conditions are met. Crowe Horwath LLP, Financial Advisor to the City (the "Financial Advisor"), has been employed by the Board for the purpose of analyzing the records and finances of the Sewage Works, and has submitted preliminary evidence and findings demonstrating compliance with the conditions set forth in the Prior Ordinances for the issuance of additional revenue bonds payable out of the revenues of the Sewage Works and ranking on a parity with the Prior Bonds. The remaining portion of the cost of the Refunding shall be paid through an additional appropriation from the Reserve Account (defined herein) (City's Fund No. 653). The City desires to authorize the issuance of a bond anticipation note or notes hereunder, if necessary, payable from the proceeds of the revenue bonds authorized herein (the `BANS"), and to authorize the refunding of said BANs, if issued. The Council now finds that all conditions precedent to the adoption of an ordinance authorizing the issuance of revenue bonds and BANs have been complied with in accordance with the applicable provisions of the Act. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION 1. Refunding the 2006 Bonds, 2007 Bonds and 2007B Bonds. The Council hereby determines, after being duly advised, that it is beneficial to refund the Refunded Bonds to enable the City to obtain a reduction in interest payments and effect a savings to the City. The City may proceed with the Refunding, the costs of which are not expected to exceed $250,000, without further authorization from the Council. The terms "works" and "utility" and other like terms where used in this Ordinance shall be construed to mean and include all structures and property of the City's sewage works utility. The 2006 Project, 2007 Project and 2007B Project have all been constructed in accordance with the plans and specifications heretofore mentioned, which plans and specifications have previously been approved. A portion of the cost of the Refunding will be paid with the proceeds of the 2015 Bonds to be issued pursuant to the provisions of this Ordinance and the Act. The City may also use other legally available funds on hand to pay for the remainder of the cost of the Refunding, including the Additional Appropriation (defined herein). SECTION 2. Authorization of Obligations. (a) The City shall issue its "Sewage Works Refunding Revenue Bonds of 2015" or such other designation as the Executive (as defined below) or the Fiscal Officer (as defined below) shall determine at the time of issuance of any series of bonds (the"2015 Bonds"), in one or more series (as designated by the City, a "Series"), in an original principal amount not to exceed Twenty-Eight Million Dollars ($28,000,000) (the "Authorized Amount"), as negotiable, fully registered bonds, for the purpose of procuring funds to be applied to the costs of the Refunding, and all incidental expenses incurred in connection therewith (all of which are deemed to be a part of the Refunding), and the costs of selling and issuing the 2015 Bonds. The - 3 - City reasonably expects to reimburse expenditures for the Refunding with the proceeds of the 2015 Bonds and this constitutes a declaration of official intent to reimburse expenditures under Treas. Reg. 1.150-2(e) and Indiana Code 5-1-14-6(c). The 2015 Bonds shall rank on parity for all purposes with the Prior Bonds. The 2015 Bonds shall be issued in denominations of Five Thousand Dollars ($5,000) or any integral multiple thereof, or if issued as a private placement in denominations of $100,000 with integral multiples of$1,000 thereafter, numbered consecutively from 1 upward, and dated the date of delivery. The 2015 Bonds shall bear interest at a rate or rates not exceeding three percent (3.00%) per annum, and interest shall be payable semiannually on June 1 and December'1 in each year, with the beginning date of interest payments being finally determined by the Mayor as the executive of the City (the "Executive") and the Controller as the fiscal officer of the City, or any acting, assistant or deputy controller of the City (the "Fiscal Officer"), with the advice of the City's financial advisor, as evidenced by delivery of the executed initial issue of the 2015 Bonds to the Registrar for authentication. Interest on the BANs and the 2015 Bonds shall be calculated according to a 360-day calendar year containing twelve 30-day months. The 2015 Bonds shall mature on December 1 of each year beginning in the year and in such amounts as is deemed appropriate by the Executive and the Fiscal Officer, with the advice of the City's financial advisor, as evidenced by delivery of the executed initial issue of the 2015 Bonds to the Registrar for authentication, and over a period ending not later than December 1, 2027. All or a portion of the 2015 Bonds may be aggregated into and issued as one or more term bonds. The term bonds will be subject to mandatory sinking fund redemption with sinking fund payments and final maturities corresponding to the serial maturities described . above. Sinking fund payments shall be applied to retire a portion of the term bonds as though it were a redemption of serial bonds and, if more than one term bond of any maturity is outstanding, redemption of such maturity shall be made by lot. Sinking fund redemption payments shall be made in a principal amount equal to such serial maturities, plus accrued interest to the redemption date, but without premium or penalty. For all purposes of this Ordinance, such mandatory sinking fund redemption payments shall be deemed to be required payments of principal which mature on the date of such sinking fund payments. Appropriate changes shall be made in the definitive form of 2015 Bonds, relative to the form of 2015 Bonds contained in this Ordinance,to reflect any mandatory sinking fund redemption terms. (b) The City shall issue, if necessary, BANs for the purpose of procuring interim financing for the Refunding. Any such issuance shall be in accord with the provisions of Section 25 of this Ordinance. SECTION 3. Pledge of Net Revenues; Payment of Principal and Interest. The 2015 Bonds and any bonds ranking on a parity therewith, as to principal, premium and interest, shall be payable from and are hereby secured by an irrevocable pledge of and shall constitute a charge upon all the Net Revenues, herein defined as the gross revenues of the Sewage Works after deduction only for payment of the reasonable expenses of operation, repair and maintenance but not including depreciation and payments in lieu of taxes (the "Net Revenues") of the Sewage Works of the City, which bonds constitute a first charge on said Net Revenues. The City shall not be obligated to pay said bonds or the interest or premium, if any, thereon except from the Net -4 - Revenues of the Works, and said bonds shall not constitute an indebtedness of the City within the meaning of the provisions and limitations of the constitution of the State of Indiana. All payments of interest on the 2015 Bonds shall be paid by check mailed one business day prior to the interest payment date to the registered owners thereof as of the fifteenth (15th) day of the month preceding the interest payment date (the "Record Date") at the addresses as they appear on the registration and transfer books of the City kept for that purpose by the Registrar(the "Registration Record") or at such other address as is provided to the Paying Agent in writing by such registered owner. Each registered owner of$1,000,000 or more in principal amount of 2015 Bonds shall be entitled to receive interest payments by wire transfer by providing written wire instructions to the Paying Agent before the Record Date for any payment. All principal payments and premium payments, if any, on the 2015 Bonds shall be made upon surrender thereof at the principal office of the Paying Agent, in any U.S. coin or currency which on the date of such payment shall be legal tender for the payment of public and private debts, or in the case of a registered owner of$1,000,000 or more in principal amount of 2015 Bonds, by wire transfer on the due date upon written direction of such owner provided at least fifteen (15) days prior to the maturity date or redemption date. Interest on 2015 Bonds shall be payable from the interest payment date to which interest has been paid next preceding the authentication date thereof unless such 2015 Bonds are authenticated after the Record Date for an interest payment date and on or before such interest payment date in which case they shall bear interest from such interest payment date, or unless authenticated on or before the Record Date for the first interest payment date, in which case they shall bear interest from the original date, until the principal shall be fully paid. SECTION 4. Transfer and Exchange of Bonds. Each 2015 Bond shall be transferable or exchangeable only upon the Registration Record, by the registered owner thereof in writing, or by the registered owner's attorney duly authorized in writing, upon surrender of such 2015 Bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the registered owner or such attorney, and thereupon a new fully registered 2015 Bond or Bonds in the same aggregate principal amount, and of the same maturity, shall be executed and delivered in the names of the transferee or transferees or the registered owner, as the case may be, in exchange therefor. The costs of such transfer or exchange shall be borne by the City except for any tax or governmental charge required to be paid with respect to the transfer or exchange, which taxes or governmental charges are payable by the person requesting such transfer or exchange. The City, the Registrar and the Paying Agent may treat and consider the persons in whose names such 2015 Bonds are registered as the absolute owners thereof for all purposes including for the purpose of receiving payment of, or on account of, the principal thereof and interest and premium, if any, due thereon. In the event any 2015 Bond is mutilated, lost, stolen or destroyed, the City may execute and the Registrar may authenticate a new bond of like date, maturity and denomination as that mutilated, lost, stolen or destroyed, which new bond shall be marked in a manner to distinguish it from the bond for which it was issued, provided that, in the case of any mutilated bond, such mutilated bond shall first be surrendered to the Registrar, and in the case of any lost, stolen or destroyed bond there shall be first furnished to the Registrar evidence of such loss, theft or destruction satisfactory to the Fiscal Officer and the Registrar, together with indemnity - 5 - satisfactory to them. In the event any such bond shall have matured, instead of issuing a duplicate bond, the City and the Registrar may, upon receiving indemnity satisfactory to them, pay the same without surrender thereof. The City and the Registrar may charge the owner of such 2015 Bond with their reasonable fees and expenses in this connection. Any 2015 Bond issued pursuant to this paragraph shall be deemed an original, substitute contractual obligation of the City, whether or not the lost, stolen or destroyed 2015 Bond shall be found at any time, and shall be entitled to all the benefits of this Ordinance, equally and proportionately with any and all other 2015 Bonds issued hereunder. SECTION 5. Registrar and Paying Agent. The Fiscal Officer is hereby authorized to appoint a qualified financial institution to serve as Registrar and Paying Agent for the 2015 Bonds (together with any successor,the "Registrar" or"Paying Agent"). The Registrar is hereby charged with the responsibility of authenticating the 2015 Bonds, and shall keep and maintain the Registration Record at its office. The Fiscal Officer is hereby authorized to enter into such agreements or understandings with such institution as will enable the institution to perform the services required of a Registrar and Paying Agent. The Fiscal Officer is further authorized to pay such fees and the institution may charge for the services it provides as Registrar and Paying Agent and such fees may be paid from the Sinking Fund established to pay the principal of and interest on the 2015 Bonds as fiscal agency charges. The Registrar and Paying Agent may at any time resign as Registrar and Paying Agent by giving thirty (30) days written notice to the City and by first-class mail to each registered owner of the 2015 Bonds then outstanding, and such resignation will take effect at the end of such thirty (30) days or upon the earlier appointment of a successor Registrar and Paying Agent by the City. Such notice to the City may be served personally or sent by first-class or registered mail. The Registrar and Paying Agent may be removed at any time as Registrar and Paying Agent by the City, in which event the City may appoint a successor Registrar and Paying Agent. The City shall notify each registered owner of the 2015 Bonds then outstanding by first-class mail of the removal of the Registrar and Paying Agent. Notices to the registered owners of the 2015 Bonds shall be deemed to be given when mailed by first-class mail to the addresses of such registered owners as they appear on the Registration Record. Any predecessor Registrar and Paying Agent shall deliver all the 2015 Bonds, cash or investments related thereto in its possession and the Registration Record to the successor Registrar and Paying Agent. As to the BANs, the Fiscal Officer shall serve as Registrar and Paying Agent and is hereby charged with the duties of Registrar and Paying Agent. SECTION 6. Terms of Redemption. The 2015 Bonds may be made redeemable at the option of the City on thirty (30) days' notice, in whole or in part, in any order of maturities selected by the City and by lot within a maturity, on dates and with premiums and other terms, as finally determined by the Executive with the advice of the City's financial advisor, as evidenced by delivery of the executed initial issue of the 2015 Bonds to the Registrar for authentication. Notice of redemption shall be mailed by first-class mail to the address of each registered owner of a 2015 Bond to be redeemed as shown on the Registration Record not more than sixty (60) days and not less than thirty (30) days prior to the date fixed for redemption except to the extent such redemption notice is waived by owners of 2015 Bonds redeemed,provided, however, - 6 - that failure to give such notice by mailing, or any defect therein, with respect to any 2015 Bond shall not affect the validity of any proceedings for the redemption of any other 2015 Bonds. The notice shall specify the date and place of redemption, the redemption price and the CUSIP numbers of the 2015 Bonds called for redemption. The place of redemption may be determined by the City. Interest on the 2015 Bonds so called for redemption shall cease on the redemption date fixed in such notice if sufficient funds are available at the place of redemption to pay the redemption price on the date so named, and thereafter, such 2015 Bonds shall no longer be protected by this Ordinance and shall not be deemed to be outstanding hereunder, and the holders thereof shall have the right only to receive the redemption price. All 2015 Bonds which have been redeemed shall be canceled and shall not be reissued; provided, however, that one or more new registered bonds shall be issued for the unredeemed portion of any 2015 Bond without charge to the holder thereof. No later than the date fixed for redemption, funds shall be deposited with the Paying Agent or another paying agent to pay, and such agent is hereby authorized and directed to apply such funds to the payment of, the 2015 Bonds or portions thereof called for redemption, including accrued interest thereon to the redemption date. No payment shall be made upon any 2015 Bond or portion thereof called for redemption until such 2015 Bond shall have been delivered for payment or cancellation or the Registrar shall have received the items required by this Ordinance with respect to any mutilated, lost, stolen or destroyed bond. The BANs are prepayable by the City, in whole or in part, at any time upon seven (7) days' notice to the owner of the BANs, without any premium. SECTION 7. Execution and Negotiability. The 2015 Bonds shall be signed in the name of the City by the manual or facsimile signature of the Executive and attested by the manual or facsimile signature of the City Clerk, who also shall affix the seal of the City manually or shall have the seal imprinted or impressed thereon by facsimile or other means. In case any officer whose signature or facsimile signature appears thereon shall cease to be such officer before the delivery of the 2015 Bonds, such signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until such delivery. The 2015 Bonds shall also be authenticated by the manual signature of the Registrar, and no 2015 Bond shall be valid or become obligatory for any purpose until the certificate of authentication thereon has been so executed. The 2015 Bonds shall have all of the qualities and incidents of negotiable instruments under the laws of the State of Indiana, subject to the provisions for registration herein. SECTION 8. Authorization for Book-Entry System. The 2015 Bonds may, in compliance with all applicable laws, initially be issued and held in book-entry form on the books of the central depository system, The Depository Trust Company, its successors, or any successor central depository system appointed by the City from time to time (the "Clearing Agency"), without physical distribution of bonds to the purchasers. The following provisions of this Section apply in such event. - 7 - One definitive 2015 Bond of each maturity shall be delivered to the Clearing Agency (or its agent) and held in its custody. The City and Registrar may, in connection herewith, do or perform or cause to be done or performed any acts or things not adverse to the rights of the holders of the 2015 Bonds as are necessary or appropriate to accomplish or recognize such book-entry form 2015 Bonds. During any time that the 2015 Bonds are held in book-entry form on the books of a Clearing Agency, (1) any such 2015 Bond may be registered upon Registration Record in the name of such Clearing Agency, or any nominee thereof, including Cede & Co.; (2) the Clearing Agency in whose name such 2015 Bond is so registered shall be, and the City and the Registrar and Paying Agent may deem and treat such Clearing Agency as, the absolute owner and holder of such 2015 Bond for all purposes of this Ordinance, including, without limitation, the receiving of payment of the principal of and interest and premium, if any, on such 2015 Bond, the receiving of notice and the giving of consent; (3) neither the City nor the Registrar or Paying Agent shall have any responsibility or obligation hereunder to any direct or indirect participant, within the meaning of Section 17A of the Securities Exchange Act of 1934, as amended, of such Clearing Agency, or any person on behalf of which, or otherwise in respect of which, any such participant holds any interest in any 2015 Bond, including, without limitation, any responsibility or obligation hereunder to maintain accurate records of any interest in any 2015 Bond or any responsibility or obligation hereunder with respect to the receiving of payment of principal of or interest or premium, if any, on any 2015 Bond, the receiving of notice or the giving of consent; and (4) the Clearing Agency is not required to present any 2015 Bond called for partial redemption, if any, prior to receiving payment so long as the Registrar and Paying Agent and the Clearing Agency have agreed to the method for noting such partial redemption. If either the City receives notice from the Clearing Agency which is currently the registered owner of the 2015 Bonds to the effect that such Clearing Agency is unable or unwilling to discharge its responsibility as a Clearing Agency for the 2015 Bonds, or the City elects to discontinue its use of such Clearing Agency as a Clearing Agency for the 2015 Bonds, then the City and the Registrar and Paying Agent each shall do or perform or cause to be done or performed all acts or things, not adverse to the rights of the holders of the 2015 Bonds, as are necessary or appropriate to discontinue use of such Clearing Agency as a Clearing Agency for the 2015 Bonds and to transfer the ownership of each of the 2015 Bonds to such person or persons, including any other Clearing Agency, as the holder of the 2015 Bonds may direct in accordance with this Ordinance. Any expenses of such discontinuance and transfer, including expenses of printing new certificates to evidence the 2015 Bonds, shall be paid by the City. During any time that the 2015 Bonds are held in book-entry form on the books of a Clearing Agency, the Registrar shall be entitled to request and rely upon a certificate or other written representation from the Clearing Agency or any participant or indirect participant with respect to the identity of any beneficial owner of the 2015 Bonds as of a record date selected by the Registrar. For purposes of determining whether the consent, advice,direction or demand of a registered owner of a 2015 Bond has been obtained, the Registrar shall be entitled to treat the beneficial owners of the 2015 Bonds as the bondholders and any consent, request, direction, approval, objection or other instrument of such beneficial owner may be obtained in the fashion described in this Ordinance. - 8 - During any time that the 2015 Bonds are held in book-entry form on the books of a Clearing Agency, the Executive, the Fiscal Officer and/or the Registrar are authorized to execute and deliver a Letter of Representations agreement with the Clearing Agency, or a Blanket Issuer Letter of Representations, and the provisions of any such Letter of Representations or any successor agreement shall control on the matters set forth therein. The Registrar, by accepting the duties of Registrar under this Ordinance, agrees that it will (i) undertake the duties of agent required thereby and that those duties to be undertaken by either the agent or the issuer shall be the responsibility of the Registrar, and (ii) comply with all requirements of the Clearing Agency, including without limitation same day funds settlement payment procedures. Further, during any time that the 2015 Bonds are held in book-entry form, the provisions of Section 8 of this Ordinance shall control over conflicting provisions in any other section of this Ordinance. SECTION 9. Form of 2015 Bonds. The form and tenor of the 2015 Bonds shall be substantially as set forth in Appendix A hereto, all blanks to be filled in properly and all necessary additions and deletions to be made prior to delivery thereof. SECTION 10. Sale of Bonds. (a) The Fiscal Officer is authorized to negotiate the sale of the 2015 Bonds at an interest rate or rates not exceeding three percent (3.00%) per annum. The Executive and the Fiscal Officer are hereby authorized to (i) execute a purchase agreement with the purchaser, and (ii) sell such 2015 Bonds upon such terms as are acceptable to the Executive and the Fiscal Officer consistent with the terms of this Ordinance. The final form of the purchase contract shall be determined by the Executive and Fiscal Officer, upon advice of the City's Bond Counsel and Financial Advisor and the Executive and Fiscal Officer are hereby authorized and directed to complete, execute and attest the same on behalf of the City so long as its provisions are consistent with this Ordinance. (b) The Fiscal Officer is hereby authorized to appoint one or more financial institutions to serve as Escrow Trustee (each an "Escrow Trustee") for the Refunded Bonds in accordance with the terms of one or more escrow agreements to be entered into between the City and the Escrow Trustee (collectively, the "Escrow Agreement"). The Executive and the Fiscal Officer are hereby authorized and directed to complete, execute and attest the same on behalf of the City so long as its provisions are consistent with this Ordinance. (c) The execution, by either the Executive, Fiscal Officer, or the purchaser, of a subscription for investments of proceeds of the 2015 Bonds to be held under the Escrow Agreement in a manner consistent with this Ordinance is hereby approved. (d) Distribution of an Official Statement (Preliminary and Final), if necessary, when and if prepared by the Financial Advisor, on behalf of the City, is hereby authorized and approved, and the Executive is authorized and directed to execute the Official Statement on behalf of the City in a form consistent with this Ordinance. The Executive or the Fiscal Officer is authorized to deem the Preliminary Official Statement as "final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission. - 9 - (e) After the 2015 Bonds have been properly sold and executed, the Fiscal Officer shall receive from the purchasers payment for the 2015 Bonds and shall provide for delivery of the 2015 Bonds to the purchasers. (f) The 2015 Bonds, as and to the extent paid for and delivered to the purchaser shall be the binding special revenue obligations of the City, payable out of the Net Revenues. The proper officers of the City are hereby directed to sell the 2015 Bonds to the purchaser, to draw all proper and necessary warrants, and to do whatever acts and things which may be necessary to carry out the provisions of this Ordinance. (g) The Executive and the Fiscal Officer each are hereby authorized to deem final an official statement with respect to the 2015 Bonds, as of its date, in accordance with the provisions of Rule 15c2-12 of the U.S. Securities and Exchange Commission, as amended (the "SEC Rule"), subject to completion as permitted by the SEC Rule, and the City further authorizes the distribution of the deemed final official statement, and the execution, delivery and distribution of such document as further modified and amended with the approval of the Executive or the Fiscal Officer in the form of a final official statement. (h) In order to assist any underwriter of the 2015 Bonds in complying with paragraph (b)(5) of the SEC Rule by undertaking to make available appropriate disclosure about the City and the 2015 Bonds to participants in the municipal securities market, the City hereby covenants, agrees and undertakes, in accordance with the SEC Rule, unless excluded from the applicability of the SEC Rule or otherwise exempted from the provisions of paragraph (b)(5) of the SEC Rule, that it will comply with and carry out all of the provisions of the continuing disclosure contract. "Continuing disclosure contract" shall mean that certain continuing disclosure contract executed by the City and dated the date of issuance of the 2015 Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The execution and delivery by the City of the continuing disclosure contract, and the performance by the City of its obligations thereunder by or through any employee or agent of the City, are hereby approved, and the City shall comply with and carry out the terms thereof. (i) The Fiscal Officer is hereby authorized and directed to obtain a legal opinion as to the validity of the 2015 Bonds from Barnes & Thornburg LLP, and to furnish such opinion to the purchasers of the 2015 Bonds or to cause a copy of said legal opinion to be printed on each 2015 Bond. The cost of such opinion shall be paid out of the proceeds of the 2015 Bonds. (j) In connection with the sale of the 2015 Bonds, the Executive and the Fiscal Officer each are authorized to take such actions and to execute and deliver such agreements and instruments as they deem advisable to obtain a rating and/or to obtain bond insurance for the 2015 Bonds, and the taking of such actions and the execution and delivery of such agreements and instruments are hereby approved. SECTION 11. Use of Proceeds. The accrued interest received at the time of delivery of the 2015 Bonds, if any, and premium, if any, shall be deposited in the Bond and Interest Account of the Sinking Fund (as hereafter defined) and applied to payments on the 2015 Bonds on the first interest payment date. An amount of proceeds from the sale of the 2015 - 10 - Bonds may be deposited to the 2015 Subaccount, if any, of the Reserve Account, for the 2015 Bonds and applied as described below as determined by the Fiscal Officer. An amount of proceeds from the sale of the 2015 Bonds equal to the estimated costs of issuance of the 2015 Bonds and other fees and charges associated with the issuance of the 2015 Bonds, including the premium for any bond insurance obtained for the 2015 Bonds, shall be deposited into a fund of the utility hereby created and designated as "City of South Bend, Indiana Sewage Works 2015 Costs of Issuance Fund" (the "Costs of Issuance Fund"). The proceeds deposited in the Costs of Issuance Fund, together with all investment earnings thereon, shall be expended only for the purpose of paying the costs of issuance of the 2015 Bonds and other fees and charges associated with the issuance of the 2015 Bonds, including the premium for any bond insurance obtained for the 2015 Bonds. The remaining proceeds from the sale of the 2015 Bonds shall be deposited into a fund of the utility hereby created and designated as "City of South Bend, Indiana Sewage Works 2015 Refunding Fund" (the "Refunding Fund"). The proceeds deposited in the Refunding Fund, together with all investment earnings thereon, shall be expended only for the purpose of paying the costs of the Refunding. SECTION 12. Revenue Fund. All revenues derived from the operation of the Sewage Works and from the collection of sewage rates and charges shall be deposited in the Sewage Works Revenue Fund (the "Revenue Fund"), as set forth in the Prior Ordinances and continued hereby, and such revenues shall be segregated and kept separate and apart from all other funds and bank accounts of the City. Out of said revenues the proper and reasonable expenses of operation, repair and maintenance of the Sewage Works shall be paid, the principal and interest of all bonds and fiscal agency charges of bank paying agents shall be paid, and the costs of replacements, extensions, additions and improvements shall be paid as hereinafter provided. SECTION 13. Operation and Maintenance Fund. On the last day of each calendar month there shall be credited from the Revenue Fund to the Sewage Works Operations and Maintenance Fund (the "Operations Fund"), as set forth in the Prior Ordinances and continued hereby, a sufficient amount of the revenues of the Sewage Works so that the balance in said fund shall be sufficient to pay the expenses of operation, repair and maintenance for the then next succeeding two calendar months. The moneys credited to this fund shall be used for the payment of the reasonable and proper operation, repair and maintenance expenses of the Sewage Works on a day-to-day basis, but none of such moneys in such fund shall be used for deprecation, replacements, improvements, extensions or additions. Any balance in the Operations Fund in excess of the expected expenses of operation, repair and maintenance for the then next succeeding month may be transferred to the Sinking Fund referred to below if necessary to prevent a default in payment of principal or interest on outstanding bonds. - 11 - SECTION 14. Sewage Works Sinking Fund. (a) There shall be deposited from the Revenue Fund into the Sewage Works Sinking Fund (the "Sinking Fund") previously established and continued hereby for the payment of the interest on and principal of revenue bonds which by their terms are payable from the Net Revenues of the Sewage Works, and the payment of any fiscal agency charges in connection with the payment of such bonds and interest thereon, a sufficient amount of the Net Revenues of said Sewage Works to meet the requirements of the Bond and Interest Account (the "Bond and Interest Account") and the Reserve Account (the "Reserve Account") previously established and continued hereby in said Sinking Fund. Such payments shall continue until the balance in the Bond and Interest Account, plus the balance in the Reserve Account, equals the principal of and interest on all of the then outstanding bonds of the Sewage Works to the final maturity thereof. (b) Bond and Interest Account. There shall be transferred, on or before the last day of each calendar month, from the Revenue Fund and credited to the Bond and Interest Account, an amount equal to the sum of one-sixth (1/6) of the interest on all then outstanding bonds of the Sewage Works payable on the then next succeeding Interest Payment Date, and one-twelfth (1/12) of the amount of principal payable on all then outstanding bonds of the Sewage Works payable on the then next succeeding principal payment date, until the amount of interest and principal payable on the next succeeding respective interest and principal payment dates shall have been so credited; provided that such fractional amounts shall be appropriately increased, if necessary, to provide for the first interest and first principal payments on the 2015 Bonds. There shall similarly be credited to the Bond and Interest Account any amount necessary to pay the bank fiscal agency charges, if any, for paying the principal of and interest on outstanding bonds of the Sewage Works as the same become payable. The City shall, from the sums deposited in the Sinking Fund and credited to the Bond and Interest Account, remit promptly to the registered owners of the outstanding bonds of the Sewage Works or to the bank fiscal agency sufficient moneys to pay the principal and interest on the due dates thereof together with the amount of any bank fiscal agency charges. (c) Reserve Account. (i) For purposes of this Section 14(c), the term "Bonds" means the 2015 Bonds issued hereunder and any and all bonds ranking on a parity with the 2015 Bonds issued hereunder (including the Prior Bonds) which are (i) now outstanding or issued in the future by the City and (ii) which are payable from the Net Revenues of Sewage Works. (ii) The Reserve Account (excluding any subaccounts established for any of the Bonds (each, a "Subaccount", and collectively, the "Subaccounts")) shall constitute the margin for safety and as protection against default in the payment of principal of and interest on the Bonds (excluding any Bonds for which a Subaccount was established), and the moneys in the Reserve Account (excluding any Subaccounts) shall be used to pay current principal and interest on the Bonds (excluding any Bonds for which a Subaccount was established) to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. - 12 - (iii) The City may, upon the issuance of the 2015 Bonds, establish within the Reserve Account a subaccount for the 2015 Bonds ("2015 Subaccount"). The 2015 Subaccount shall constitute the margin for safety and as protection against default in the payment of principal of and interest on the 2015 Bonds, and the moneys in such 2015 Subaccount shall be used to pay current principal and interest on the 2015 Bonds to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. (iv) No amounts in the 2015 Subaccount shall be available to pay any principal of or interest or redemption premium, if any, on any Bonds, except the 2015 Bonds. (v) The balance to be maintained in the 2015 Subaccount shall equal but not exceed an amount (the "Reserve Requirement") equal to the least of (i) the maximum annual debt service on the 2015 Bonds, (ii) one hundred twenty-five percent (125%) of average annual debt service on the 2015 Bonds, or (iii) ten percent (10%) of the proceeds of the 2015 Bonds. (vi) If the 2015 Subaccount is established, and the initial deposit into the 2015 Subaccount does not equal the Reserve Requirement, or if no deposit is made, the City shall deposit a sum of Net Revenues into the 2015 Subaccount on the last day of each calendar month until the balance equals the Reserve Requirement. The monthly deposits shall be equal in amount and sufficient to accumulate the Reserve Requirement within five (5) years of the date of delivery of the 2015 Bonds. (vii) Any deficiency in the balance maintained in the 2015 Subaccount shall be made up from the next available Net Revenues remaining after credits into the Bond and Interest Account. Any moneys in the 2015 Subaccount in excess of the Reserve Requirement shall either be transferred to the Sewage Works Improvement Fund (as described herein) or be used for the purchase of outstanding bonds or installments of principal of fully registered bonds at a price not exceeding par and accrued interest, and redemption premium, if any. (viii) As an alternative to holding cash funds in the 2015 Subaccount, the City, with the advice of the Financial Advisor and the City's bond counsel, may satisfy all or any part of its obligation to maintain any amount in the 2015 Subaccount by depositing a Credit Facility (as defined below) therein, provided that such deposit does not adversely affect any then existing rating on the 2015 Bonds. A "Credit Facility" is hereby defined as a letter of credit, liquidity facility, insurance policy or comparable instrument furnished by a bank, insurance company, financial institution or other entity pursuant to a reimbursement agreement or similar instrument between such entity and the City. As long as any such Credit Facility is in full force and effect, any valuation of the 2015 Subaccount shall treat the maximum amount available under such Credit Facility as its value. To the extent that any 2015 Bonds are insured, and the Credit Facility is not being provided by the insurer of such 2015 Bonds, such insurance policy shall be subject to the insurer's prior written consent. The Mayor and the Controller are hereby authorized to obtain such a Credit Facility for each series of 2015 Bonds being sold, and - 13 - are authorized to enter into any agreements with such Credit Facility provider that they deem necessary with the advice of the Financial Advisor. (ix) Prior to applying any funds held in any debt service reserve accounts securing any obligations payable out of the revenues of the sewage works of the City to the payment of such obligation, the City shall cause all funds held in the Sinking Fund (or any like fund or account from which debt service has been structured to be paid) to be applied in full before any such reserve accounts are so applied. SECTION 15. Sewage Works Improvement Fund. On the first day of each calendar month after the 2015 Bonds are issued, after meeting the requirements for operation, repair, and maintenance and the Sinking Fund, all available net revenues shall be credited to the Sewage Works Improvement Fund as set forth in the Prior Ordinances and continued hereby. Said fund shall be used for improvements, replacements, additions and extensions of the Sewage Works. Moneys in the Sewage Works Improvement Fund shall be transferred to the Sinking Fund if necessary to prevent a default in the payment of principal of and interest on the then outstanding bonds or if necessary to eliminate any deficiencies in credits to or minimum balance in the Reserve Account of the Sinking Fund. SECTION 16. Investment of Funds. The moneys in any of such funds or accounts shall be invested in accordance with the laws of the State of Indiana relating to the depositing, holding, securing or investing of public funds, and in accordance with the arbitrage certificate delivered at the time of delivery of any bonds payable from such funds and accounts. All revenues derived from the operation of the Sewage Works and from the collection of sewage rates and charges and from the investment of moneys in the funds herein created shall be segregated and kept separate and apart from all other funds and accounts of the City. No moneys derived from the revenues of the Sewage Works (including investment income) shall be transferred to the general fund of the City or be used for any purpose not connected with the Sewage Works if such transfer or use would interfere with the flow of funds set forth herein. Investment income from such funds and accounts shall, except as otherwise provided herein, be treated as revenues of the Sewage Works, and shall be used as provided in this Ordinance. SECTION 17. Financial Records and Accounts. The City shall keep proper records and books of account, separate from all of its other records and accounts, in which complete and correct entries shall be made showing all revenues received on account of the operation of the utility and all disbursements made therefrom and all transactions relating to the utility. The City shall maintain on file the audited financial statements of the utility prepared by the State Board of Accounts. There shall be furnished, upon written request, to any owner of the 2015 Bonds, the most recent copy of the audited financial statements of the utility prepared by the State Board of Accounts. Copies of all such statements and reports shall be kept on file in the office of the Fiscal Officer. SECTION 18. Rate Covenant. The City shall, to the fullest extent permitted by law, establish, maintain and collect just and equitable rates and charges for the use of and the - 14 - services rendered by said Sewage Works, to be paid by the owner of each and every lot,parcel of real estate or building that is connected with and uses said Sewage Works by or through any part of the sewage system of the City, or that in any way uses or is served by such Works. Such rates or charges shall be sufficient in each year for the payment of the proper and reasonable expenses of operation, repair and maintenance of the Works, for depreciation and improvement, and for the payment of the sums required to be paid into the Sinking Fund. Such rates or charges shall, if necessary, be changed and readjusted from time to time so that the revenues therefrom shall always be sufficient to meet the expenses of operation, repair and maintenance, depreciation and improvement, and the requirements of the Sinking Fund; and such rates or charges shall be in an amount sufficient in each year to produce Net Revenues at least equal to 1.1 times the greater of the average annual debt service on the Prior Bonds, the 2015 Bonds and all bonds on a parity therewith or the debt service payable during the next succeeding twelve calendar months on the Prior Bonds, the 2015 Bonds and all bonds on a parity therewith. For these purposes, the interest rate on variable rate debt shall be assumed to be the average interest rate thereon in the preceding calendar year. SECTION 19. Defeasance. If, when the 2015 Bonds or a portion thereof shall have become due and payable in accordance with their terms or shall have been duly called for redemption or irrevocable instructions to call the 2015 Bonds or a portion thereof for redemption shall have been given, and the whole amount of the principal, premium, if any, and the interest so due and payable upon such 2015 Bonds or any portion thereof then outstanding shall be paid, or (i) cash, (ii) direct non-callable obligations of(including obligations issued or held in book- entry form on the books of) the U.S. Department of the Treasury, the principal of and the interest on which when due without reinvestment will provide sufficient money, or (iii) any combination of the foregoing, shall be held irrevocably in trust for such purpose, and provision shall also be made for paying all fees and expenses for the payment, then and in that case the 2015 Bonds or such designated portion thereof shall no longer be deemed outstanding or secured by this Ordinance or entitled to the pledge of the Net Revenues. SECTION 20. Additional Bonds. The City reserves the right to authorize and issue additional bonds, payable out of the revenue of its Sewage Works, ranking on a parity with the 2015 Bonds for the purpose of financing the cost of future additions, extensions and improvements to the Sewage Works or to provide for a complete or partial refunding of the 2015 Bonds or other bonds payable out of the revenues of the Sewage Works, subject to the following conditions: (a) The interest on and principal of all bonds payable from the revenues of the Sewage Works shall have been paid to date in accordance with the terms thereof, provided, this condition shall be deemed satisfied if any required amount is to be provided from the proceeds of the parity bonds or other funds of the City. (b) All required deposits to the Sinking Fund shall have been made in accordance with the provisions of this Ordinance. (c) The Net Revenues of the Sewage Works in the fiscal year immediately preceding the issuance of any such bonds ranking on a parity with the 2015 Bonds shall be not less than one hundred twenty-five percent (125%) of the maximum annual interest and principal - 15 - requirements of the then outstanding 2015 Bonds, any then outstanding parity bonds and the additional parity bonds proposed to be issued; or, prior to the issuance of said parity bonds, the sewage rates and charges shall be increased sufficiently so that said increased rates and charges applied to the previous fiscal year's operations would have produced Net Revenues for said year equal to not less than one hundred twenty-five percent (125%) of the maximum annual interest and principal requirements of the then outstanding 2015 Bonds, any then outstanding parity bonds and the additional parity bonds proposed to be issued. For purposes of this subsection, the records of the Sewage Works shall be analyzed and all showings shall be prepared by a certified public accountant or independent financial advisor employed by the City for that purpose. (d) The principal of the additional parity bonds shall be payable annually on December 1 and the interest shall be payable semiannually on June 1 and December 1 during the periods in which principal and interest are payable. SECTION 21. Further Covenants of the City. For the purpose of further safeguarding the interests of the holders of the 2015 Bonds, it is specifically provided as follows: (a) The City shall at all times maintain its Sewage Works in good condition and operate the same in an efficient manner and at a reasonable cost. (b) So long as any of the 2015 Bonds are outstanding, the City shall maintain insurance on the insurable parts of the Works of a kind and in an amount such as would normally be carried by private companies engaged in a similar type of business. All insurance shall be placed with responsible insurance companies qualified to do business under the laws of the State of Indiana. In addition to or in lieu of the foregoing, the City may provide for coverage on all or part of the Works comparable to that described above through a self-insurance program. Insurance proceeds shall be used in replacing or repairing the property destroyed or damaged; or if not used for that purpose shall be treated and applied as Net Revenues of the Works. (c) So long as any of the 2015 Bonds are outstanding, the City shall not mortgage, pledge or otherwise encumber such Works, or any part thereof, nor shall it sell, lease or otherwise dispose of any portion thereof except replace equipment which may become worn out or obsolete or other property not required for proper operation and maintenance of the Works. (d) So long as any Prior Bonds are held by the Indiana Finance Authority (the "Authority") and remain outstanding: (i) the City shall not mortgage, pledge or otherwise encumber such Works, or any part thereof, nor shall it sell, lease or otherwise dispose of any portion thereof except replace equipment which may become worn out or obsolete or other property not required for proper operation and maintenance of the Works, without the prior written consent of the Authority, and (ii) the City shall not borrow any money, enter into any contract or agreement or incur any other liabilities in connection with the Sewage Works, other than for normal operating expenditures, without the prior written consent of the Authority if such undertaking would involve, commit, or use the revenues of the Sewage Works. (e) Except as provided in Section 20 hereof, so long as any of the 2015 Bonds are outstanding, no additional bonds or other obligations pledging any portion of the revenues of - 16 - the Sewage Works shall be authorized, executed, or issued by the City except such as shall be made subordinate and junior in all respects to the 2015 Bonds, unless all of the 2015 Bonds are redeemed, retired, or defeased coincidentally with the delivery of such additional bonds or other obligations. (f) The City shall take all action or proceedings necessary and proper to require connection of all property where liquid and solid waste, sewage, night soil, or industrial waste is produced with available sanitary sewers. The City shall, insofar as possible, cause all such sanitary sewers to be connected with the Sewage Works. (g) This Ordinance shall not be repealed or amended in any respect which will adversely affect the rights of the owners of any 2015 Bonds, nor shall the Common Council adopt any law, ordinance or resolution which in any way adversely affects the rights of such owners so long as any of said bonds or the interest thereon remains unpaid. (h) The provisions of this Ordinance shall be construed to create a trust in the proceeds of the sale of the 2015 Bonds for the uses and purposes herein set forth. The provisions of this Ordinance shall also be construed to create a trust in the portion of the Net Revenues herein directed to be set apart and paid into the Sinking Fund and for the uses and purposes of said Fund as set forth in this Ordinance. The owners of the 2015 Bonds shall have all of the rights, remedies and privileges set forth under the Act in the event of default in the payment of the principal of or interest on any of the 2015 Bonds or in the event of default with respect to any of the provisions of this Ordinance or the Act. SECTION 22. Amendments With Consent of Bondholders. Subject to the terms and provisions contained in this section, and not otherwise, the owners of not less than sixty-six and two-thirds percent (66-2/3%) in aggregate principal amount of the 2015 Bonds then outstanding shall have the right, from time to time, anything contained in this Ordinance to the contrary notwithstanding, to consent to and approve the adoption by the City of such ordinance or ordinances supplemental hereto as shall be deemed necessary or desirable by the City for the purpose of modifying, altering, amending, adding to or rescinding in any particular any of the terms or provisions contained in this Ordinance, or in any supplemental ordinance; provided, however, that nothing herein contained shall permit or be construed as permitting: (a) An extension of the maturity of the principal of or interest or premium, if any, on any 2015 Bond or an advancement of the earliest redemption date on any 2015 Bond; or (b) A reduction in the principal amount of any 2015 Bond or the redemption premium or the rate of interest thereon, or a change in the monetary medium in which such amounts are payable; or (c) The creation of a lien upon or a pledge of the revenues of the Sewage Works ranking prior to the pledge thereof created by this Ordinance; or (d) A preference or priority of any 2015 Bond or 2015 Bonds over any other 2015 Bond or 2015 Bonds; or - 17 - (e) A reduction in the aggregate principal amount of the 2015 Bonds required for consent to such supplemental ordinance. If the City shall desire to obtain any such consent, it shall cause the Registrar to mail a notice, postage prepaid, to the addresses appearing on the registration books held by the Registrar. Such notice shall briefly set forth the nature of the proposed supplemental ordinance and shall state that a copy thereof is on file at the office of the Registrar for inspection by all owners of the 2015 Bonds. The Registrar shall not, however, be subject to any liability to any owners of the 2015 Bonds by reason of its failure to mail such notice, and any such failure shall not affect the validity of such supplemental ordinance when consented to and approved as herein provided. Whenever at any time within one year after the date of the mailing of such notice, the City shall receive any instrument or instruments purporting to be executed by the owners of the 2015 Bonds of not less than sixty-six and two-thirds per cent (66-2/3%) in aggregate principal amount of the 2015 Bonds then outstanding, which instrument or instruments shall refer to the proposed supplemental ordinance described in such notice, and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice as on file with the Registrar, thereupon, but not otherwise, the City may adopt such supplemental ordinance in substantially such form, without liability or responsibility to any owners of the 2015 Bonds, whether or not such owners shall have consented thereto. No owner of any 2015 Bond shall have any right to object to the adoption of such supplemental ordinance or to object to any of the terms and provisions contained therein or the operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the City or its officers from adopting the same, or from taking any action pursuant to the provisions thereof. Upon the adoption of any supplemental ordinance pursuant to the provisions of this section, this Ordinance shall be, and shall be deemed, modified and amended in accordance therewith, and the respective rights, duties and obligations under this Ordinance of the City and all owners of 2015 Bonds then outstanding, shall thereafter be determined exercised and enforced in accordance with this Ordinance, subject in all respects to such modifications and amendments. Notwithstanding anything contained in the foregoing provisions of this Ordinance, the rights and obligations of the City and of the owners of the 2015 Bonds, and the terms and provisions of the 2015 Bonds and this Ordinance, or any supplemental ordinance, may be modified or altered in any respect with the consent of the City and the consent of the owners of all the 2015 Bonds then outstanding. SECTION 23. Amendments Without Consent of Bondholders. Without notice to or consent of the owners of the 2015 Bonds, the City may, from time to time and at any time, adopt such ordinances supplemental hereto as shall not be inconsistent with the terms and provisions hereof(which supplemental ordinances shall thereafter form a part hereof), (a) to cure any ambiguity or formal defect or omission in this Ordinance or in any supplemental ordinance; or - 18 - (b) to grant to or confer upon the owners of the 2015 Bonds any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the owners of the 2015 Bonds; or (c) to procure a rating on the 2015 Bonds from a nationally recognized securities rating agency designated in such supplemental ordinance, if such supplemental ordinance will not adversely affect the owners of the 2015 Bonds; or (d) to make any other change which is not to the prejudice of the owners of the 2015 Bonds; or (e) to provide for the refunding or advance refunding of the 2015 Bonds. SECTION 24. Tax Matters. In order to preserve the exclusion of interest on the 2015 Bonds from gross income for federal income tax purposes and as an inducement to purchasers of the 2015 Bonds, the City represents, covenants and agrees that: (a) No person or entity, other than the City or another state or local governmental unit, will use proceeds of the 2015 Bonds or property financed by the 2015 Bond proceeds other than as a member of the general public. No person or entity other than the City or another state or local governmental unit will own property financed by 2015 Bond proceeds or will have actual or beneficial use of such property pursuant to a lease, a management or incentive payment contract, an arrangement such as take-or-pay or output contract, or any other type of arrangement that differentiates that person's or entity's use of such property from the use by the public at large. (b) No 2015 Bond proceeds will be loaned to any entity or person other than a state or local governmental unit. No 2015 Bond proceeds will be transferred, directly or indirectly, or deemed transferred to a non-governmental person in any manner that would in substance constitute a loan of the 2015 Bond proceeds. (c) The City will not take any action or fail to take any action with respect to the 2015 Bonds that would result in the loss of the exclusion from gross income for federal income tax purposes of interest on the 2015 Bonds pursuant to Section 103 of the Code, and the regulations thereunder as applicable to the 2015 Bonds, including, without limitation, the taking of such action as is necessary to rebate or cause to be rebated arbitrage profits on 2015 Bond proceeds or other monies treated as 2015 Bond proceeds to the federal government as provided in Section 148 of the Code, and will set aside such monies, which may be paid from investment income on funds and accounts notwithstanding anything else to the contrary herein, in trust for such purposes. (d) The City will file an information report on Form 8038-G with the Internal Revenue Service as required by Section 149 of the Code. (e) The City will not make any investment or do any other act or thing during the period that any 2015 Bond is outstanding hereunder which would cause any 2015 Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the regulations thereunder as applicable to the 2015 Bonds. - 19 - Notwithstanding any other provisions of this Ordinance, the foregoing covenants and authorizations (the "Tax Sections") which are designed to preserve the exclusion of interest on the 2015 Bonds from gross income under federal law (the "Tax Exemption") need not be complied with to the extent the City receives an opinion of nationally recognized bond counsel that compliance with such Tax Section is unnecessary to preserve the Tax Exemption. SECTION 25. Issuance of BANs; Other Actions. (a) The City, having satisfied all the statutory requirements for the issuance of the 2015 Bonds, has the authority to elect to issue a bond anticipation note or notes, repayable from the proceeds received from the sale of the 2015 Bonds (defined herein as the "BANs"). This Council hereby authorizes the issuance and sale of the BANs pursuant to I.C. §5-1-14-5 in one or more series, ranking on a parity with each other, in original aggregate principal amount not to exceed Fourteen Million Nine Hundred Thousand Dollars ($14,900,000) to provide interim financing until permanent financing becomes available and to pay for costs of issuing the BANs, and the BANs also may fund capitalized interest thereon. The designation of the BANs shall be "City of South Bend, Indiana Sewage Works Bond Anticipation Note of 20_". The BANs shall be issued in fully registered form in denominations of Five Thousand Dollars ($5,000), or integral multiples thereof, shall be originally dated the date of delivery, shall be numbered consecutively from 1 upward, shall mature not more than five (5) years from the date of issuance, may be renewed or extended from time to time, over a period not exceeding five (5) years from the date of the original issuance of the BANs, in accord with I.C. §5-1.1-5, shall be prepayable on twenty-one (21) days' notice in whole or in part in any authorized denomination without premium or penalty, shall bear interest at a rate not exceeding five percent (5%) per annum, and shall be sold at a discount not exceeding ninety-nine percent (99%) of the principal amount thereof. Interest on the BANs shall be payable at maturity. It shall not be necessary for the City to repeat the procedures for the issuance of the 2015 Bonds as the procedures followed before the issuance of the BANs are for all purposes sufficient to authorize the issuance of the 2015 Bonds and to use proceeds thereof to repay the BANs. The principal of the BANs herein authorized is payable solely from proceeds received from the sale of the 2015 Bonds, and the interest thereon may be paid from such proceeds or from the Net Revenues or a combination thereof, and the proceeds received by the City from the sale of the 2015 Bonds and such Net Revenues are hereby irrevocably pledged to the payment of the principal of and interest on the BANs. The Executive is hereby authorized to determine the form of the BANs and to execute the BANs, the Fiscal Officer is hereby authorized to have the BANs prepared, and to attest to the BANs and affix the seal the City or cause a facsimile of the seal of the City to be imprinted or impressed on the BANs. The Fiscal Officer is hereby authorized and directed to obtain the legal opinion as to the validity of the BANs from Barnes & Thornburg LLP. After the BANs shall have been properly executed, the Fiscal Officer shall be authorized to receive from the purchaser thereof payment for the BANs and to provide for delivery of the BANs to the purchaser. The City may receive payment for the BANs in installments. Proceeds received from the sale of the BANs shall be deposited in the funds set forth in Section 11 of this Ordinance. The Fiscal Officer is authorized to sell the BANs to any investor, and to work with the investor to facilitate the sale of the BANs. In any case any officer whose signature or a facsimile signature appears on the BANs shall cease to be such officer - 20 - before delivery of the BANs, such signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until delivery of the BANs. Upon execution of the BANs by the Executive and attestation thereof by the City Clerk, the BANs shall constitute the legal, valid and binding obligations of the City. No action shall be taken that would impair the exclusion from gross income of interest on the BANs provided by the Code. In furtherance of the foregoing, the provisions of Section 24 of this Ordinance shall apply to the BANs in the same manner as they apply to the 2015 Bonds. The BANs shall be subject to transfer or exchange in the same manner as the 2015 Bonds, as described in Section 4 of this Ordinance, and to amendment in the same manner as the 2015 Bonds, as described in Sections 22 and 23 of this Ordinance. The Executive and the Fiscal Officer each are authorized and directed to execute a purchase agreement with respect to the BANs in such form or substance as they shall approve. As an alternative to any terms of the BANs set forth above and to the method of sale referred to above, the Fiscal Officer may negotiate the sale to the Indiana Finance Authority or the Indiana Bond Bank upon such terms as are acceptable to the Executive and the Fiscal Officer and as are authorized by law for such sale, and the Executive and the Fiscal Officer each are authorized to execute a purchase agreement with the Indiana Finance Authority or the Indiana Bond Bank reflecting such terms. (b) The Executive and the Fiscal Officer may take such other actions or deliver such other certificates and documents needed for the Refunding or the financing as they deem necessary or desirable in connection therewith. SECTION 26. Rate Ordinance. The rates and charges of the Works are set forth or described in Ordinance No. 10290-14 adopted by the Council on February 10, 2014. Such ordinance is hereby incorporated by reference as if set forth in full at this place, two copies of which are on file and available for public inspection in the office of the City Clerk pursuant to T.C. §36-1-5-4. SECTION 27. Non-Business Days. If the date of making any payment or the last date for performance of any act or the exercising of any right, as provided in this Ordinance, shall be a legal holiday or a day on which banking institutions in the City or the jurisdiction in which the Registrar or Paying Agent is located are typically closed, such payment may be made or act performed or right exercised on the next succeeding day not a legal holiday or a day on which such banking institutions are typically closed, with the same force and effect as if done on the nominal date provided in this Ordinance, and no interest shall accrue for the period after such nominal date. SECTION 28. No Conflict. The Council hereby finds and determines that the adoption of this Ordinance and the issuance of the 2015 Bonds are in compliance with the Prior Ordinances. The Prior Ordinances shall remain in full force and effect. All ordinances and resolutions and parts thereof in conflict herewith, except the Prior Ordinances, are to the extent of such conflict hereby repealed. None of the provisions of this Ordinance shall be construed to adversely affect the rights of the owners of any bonds ranking on parity with the 2015 Bonds. - 21 - SECTION 29. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 30. Interpretation. Unless the context or laws clearly require otherwise, references herein to statutes or other laws include the same as modified, supplemented or superseded from time to time. SECTION 31. Effectiveness. This Ordinance shall be in full force and effect from and after its passage and compliance with the procedures required by law. SECTION 32. Credit Facility. The Executive and the Fiscal Officer, on behalf of the City, are hereby authorized to obtain a Credit Facility as set forth in Section 14 herein. The Executive and the Fiscal Officer, on behalf of the City, are also authorized to enter into an agreement with the Credit Facility Issuer for the Credit Facility (the "Credit Facility Agreement") and negotiate the terms of the Credit Facility Agreement, with the advice of the City's financial advisor and nationally recognized bond counsel. The Executive and the Fiscal Officer, on behalf of the City, are also authorized to execute any and all other documents required to obtain the Credit Facility. The City hereby agrees that: (a) If the sewage works fails to pay any Credit Facility Costs in accordance with the requirements set forth above, the Credit Facility Issuer shall be entitled to exercise any and all remedies available at law or under the authorized documents other than (i) acceleration of the maturity of the 2015 Bonds or (ii) remedies which would adversely affect the owners of the 2015 Bonds. (b) This Ordinance shall not be discharged and the 2015 Bonds defeased until all Credit Facility Costs owing to the Credit Facility Issuer shall have been paid in full. (c) The Credit Facility Issuer is granted a security interest (subordinate to that of the owners of the 2015 Bonds) in all revenues and collateral pledged as security for the 2015 Bonds, for the repayment of the Credit Facility Costs. (d) No additional bonds payable from the Net Revenues will be issued without the Credit Facility Issuer's prior written consent as long as Credit Facility Costs are past due and still owing to the Credit Facility Issuer. (e) This Ordinance shall not be modified or amended, except as provided in Section 23 herein, without the prior written consent of the Credit Facility Issuer. The Credit Facility Issuer shall be provided with written notice of the resignation or removal of the Registrar and Paying Agent and the appointment of a successor thereto and of the issuance of additional indebtedness of the City's sewage works at such address as may be specified, from time to time, by the Credit Facility Issuer. SECTION 33. Payment on Bonds in the Event of Default. In the event available moneys are insufficient to pay debt service on the 2015 Bonds and bonds ranking on - 22 - parity with the 2015 Bonds when due, available moneys shall be applied, after payment of all costs and expenses associated therewith, to the 2015 Bonds and any such parity bonds as follows: to the payment to the persons entitled thereto of all unpaid installments of interest then due on, and the unpaid principal of, the 2015 Bonds and any such parity bonds, including interest on any past due principal of any 2015 Bond or such parity bonds at the rate borne by such 2015 Bond or such parity bonds, in the order of the maturity of the installments of such interest and the due dates of such principal and, if the amount available shall not be sufficient to pay in full any particular installment of interest or maturity of principal, then to such payment ratably, according to the amounts so due, to the persons entitled thereto, without any discrimination or privilege or any preference of or priority of interest over principal or principal over interest. During the continuance of any default in the payment of either principal of or interest or premium on any 2015 Bonds or bonds ranking on parity with the 2015 Bonds, no payment shall be made with respect to any subordinate obligations issued pursuant to Section 21(e). Moneys available for payment to holders of such subordinate obligations shall, in the event of an insufficient amount being available to pay all debt service with respect to the subordinate obligations when due, be applied to the subordinate obligations in accordance with the sequence and other terms set forth above with respect to payments regarding 2015 Bonds and such parity bonds unless otherwise provided in the ordinance authorizing the subordinate obligations. SECTION 34. Additional Appropriation. In order to provide a portion of the financing for the Refunding that will not be paid for from the proceeds of the 2015 Bonds, the Council hereby makes an additional appropriation in an amount not to exceed Three Million Two Hundred Thousand Dollars ($3,200,000) from the Reserve Account (City Fund No. 653) (the "Additional Appropriation"), which sum shall be transferred to the Refunding Fund to pay for the remainder of the costs of the Refunding. SECTION 35. Actions and Agreements. Each of the Executive, the Fiscal Officer and any other officer or employee of the City is hereby authorized and directed to execute any instruments or agreements or take any other actions necessary or desirable to effect the transactions contemplated by this Ordinance, such necessity or desirability to be conclusively evidenced by the execution of such instruments or agreements or the taking of such action. - 23 - SECTION 36. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the May• Member o e ommon Council Attest: Signing of this IA is en!y to provide an opportunity for public hear and Council action co eis Mier �,. City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock .m. Mayor, City of South Bend, Indiana Office NC': - 4. :::15 it READING t` _ l PUBLIC HEARING Jl_rt. 3 rd READING CITY CLERc':, :t.`.13,IN NOT APPROVED REFERRED - 24 - DASSED APPENDIX A FORM OF 2015 BOND R- UNITED STATES OF AMERICA STATE OF INDIANA COUNTY OF ST. JOSEPH CITY OF SOUTH BEND, INDIANA SEWAGE WORKS REVENUE REFUNDING BOND OF 20[ ] Interest Maturity Original Authentication Rate Date Date Date CUSIP No. , 20_ , 2013 ,2013 REGISTERED OWNER: PRINCIPAL SUM: Dollars ($ ) The City of South Bend, in St. Joseph, County, State of Indiana (the "City"), for value received, hereby promises to pay to the Registered Owner set forth above, solely out of the special revenue fund hereinafter referred to, the Principal Sum set forth above on the Maturity Date set forth above (unless this bond be subject to and be called for redemption prior to maturity as hereafter provided), and to pay interest thereon until the Principal Sum shall be fully paid at the Interest Rate per annum specified above from the interest payment date to which interest has been paid next preceding the Authentication Date of this bond unless this bond is authenticated after the fifteenth day of the month preceding the interest payment date (the "Record Date") and on or before such interest payment date in which case it shall bear interest from such interest payment date, or unless this bond is authenticated on or before , 20_, in which case it shall bear interest from the Original Date, which interest is payable semiannually on June 1 and December 1 of each year, beginning on 1, 20_. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. [The principal of and premium, if any, on this bond are payable at the principal office of (the "Registrar" or "Paying Agent"), in , Indiana.] All payments of interest on this bond shall be paid by check mailed one business day prior to the interest payment date to the Registered Owner as of the Record Date at the address as it appears on the registration books kept by the Registrar or at such other address as is provided to the Paying Agent in writing by the Registered Owner. Each Registered Owner of $1,000,000 or A-1 more in principal amount of bonds shall be entitled to receive interest payments by wire transfer by providing written wire instructions to the Paying Agent before the Record Date for any payment. All payments of principal of, and premium, if any, on this bond shall be made upon surrender thereof at the principal office of the Paying Agent, in any U.S. coin or currency which on the date of such payment shall be legal tender for the payment of public and private debts, or in the case of a Registered Owner of$1,000,000 or more in principal amount of the Bonds (as hereinafter defined), by wire transfer on the due date upon written direction of such owner provided at least fifteen(15) days prior to the maturity date or redemption date. THIS BOND SHALL NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF THE PROVISIONS AND LIMITATIONS OF THE CONSTITUTION OF THE STATE OF INDIANA, AND THE CITY SHALL NOT BE OBLIGATED TO PAY THIS BOND OR THE INTEREST THEREON EXCEPT FROM THE SPECIAL FUND, ENTITLED "SEWAGE WORKS SINKING FUND" AS DESCRIBED HEREIN, PROVIDED FROM THE NET REVENUES OF THE CITY'S SEWAGE WORKS UTILITY. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the execution, issuance and delivery of this bond have been done and performed in regular and due form as provided by law. This bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been executed by an authorized representative of the Registrar. This bond is one of an authorized issue of bonds of the City of South Bend, Indiana, of like date, tenor and effect, except as to denomination, numbering, rates of interest, redemption terms and dates of maturity, aggregating Dollars ($ ), numbered consecutively from 1 upward (the "Bonds"), issued for the purpose of providing funds to be applied to the cost of refunding the outstanding (i) City of South Bend, Indiana Sewage Works Revenue Bonds of 2006 (ii) City of South Bend, Indiana Sewage Works Revenue Bonds of 2007, and (iii) City of South Bend, Indiana Sewage Works Revenue Bonds of 2007B (collectively, the "Refunding"), to refund interim notes issued in anticipation of the Bonds, if any, and to pay incidental expenses and costs of issuance of the Bonds. This bond is issued pursuant to an ordinance adopted by the Common Council of said City on the day of , 2015, entitled "An Ordinance of the Common Council of the City of South Bend, Indiana, Concerning the Refunding of Outstanding Sewage Works Revenue Bonds of 2006, Sewage Works Revenue Bonds of 2007, and Sewage Works Revenue Bonds of 2007B, Each Issued to Finance Construction of Improvements to the Municipal Sewage Works of the City of South Bend, Indiana; Authorizing the Issuance of Revenue Bonds for such Purpose in the Principal Amount not to exceed Twenty-Eight Million Dollars ($28,000,000); Appropriating Moneys from the Reserve Account for Such Bonds (#653); Addressing Other Matters Connected Therewith; and Repealing Ordinances Inconsistent Herewith" (the "Ordinance"), and in accordance with the provisions of Indiana law, including without limitation Indiana Code 36-9-23, and other applicable laws, as amended (the "Act"), all as more particularly described in the Ordinance. The owner of this bond, by the acceptance hereof, agrees to all the terms and provisions contained in the Ordinance and the Act. A-2 Pursuant to the provisions of the Act and the Ordinance, the principal of and interest on (i) this bond and all other bonds of this issue, (ii) all Prior Bonds (as defined in the Ordinance), which Prior Bonds are on a parity with this bond and all other bonds of this issue, and (iii) all bonds hereafter issued on a parity with this bond and all other bonds of this issue, are payable solely from the Sewage Works Sinking Fund, as described in the Ordinance, to be provided from the Net Revenues (defined as the gross revenues of the Sewage Works of the City after deduction only for the payment of the reasonable expenses of operation, repair and maintenance but not including depreciation and payments in lieu of taxes): This bond and the issue of which it is a part, together with the Prior Bonds and any parity bonds hereafter issued constitute a first charge against said Net Revenues. The City irrevocably pledges the entire Net Revenues of said Sewage Works to the prompt payment of the principal of and interest on the bonds authorized by the Ordinance, of which this is one, and any bonds ranking on a parity therewith (including the Prior Bonds), to the extent necessary for that purpose, and covenants that it will cause to be fixed, maintained and collected such rates and charges for service rendered by said Sewage Works as are sufficient in each year for the payment of the proper and reasonable expenses of operation, repair and maintenance of said Sewage Works, to provide for proper depreciation and for the payment of the sums required to be paid into said Sewage Works Sinking Fund under the provisions of the Ordinance. In the event the City or the proper officers thereof shall fail or refuse to so fix, maintain and collect such rates or charges, or if there be a default in payment of the interest on or principal of this bond, the owner of this bond shall have all of the rights and remedies provided for under Indiana law. The City covenants that for so long as the Bonds and any bonds issued on a parity therewith, including the Prior Bonds, remain outstanding it will set aside and pay into the Sinking Fund a sufficient amount of the Net Revenues for the payment of(a)the principal of and interest on all bonds which by their terms are payable from the Net Revenues, as such principal and interest shall fall due and (b) the necessary fiscal agency charges for paying bonds. Such required payments shall constitute a first charge upon all the Net Revenues. Reference is made to the Ordinance for a more complete statement of the revenues from which and conditions under which this bond is payable, a statement of the conditions on which obligations may hereafter be issued on parity with this bond, the manner in which the Ordinance may be amended and the general covenants and provisions pursuant to which this bond has been issued. This bond is subject to defeasance prior to payment or redemption as provided in the Ordinance. If this bond shall not be presented for payment or redemption on the date fixed therefor, the City may deposit in trust with the Paying Agent or another paying agent, an amount sufficient to pay such bond or the redemption price, as the case may be, and thereafter the Registered Owner shall look only to the funds so deposited in trust for payment and the City shall have no further obligation or liability in respect thereto. This bond is transferable or exchangeable only upon the registration record kept for that purpose at the office of the Registrar by the Registered Owner in person, or by his attorney duly authorized in writing, upon surrender of this bond together with a written instrument of transfer A-3 or exchange satisfactory to the Registrar duly executed by the Registered Owner or such attorney, and thereupon a new fully registered bond or bonds in the same aggregate principal amount, and of the same maturity, shall be executed and delivered in the name of the transferee or transferees or the Registered Owner, as the case may be, in exchange therefor. This bond may be transferred or exchanged without cost to the Registered Owner except for any tax or governmental charge required to be paid with respect to the transfer or exchange. The City, the Registrar, the Paying Agent and any other registrar or paying agent for this bond may treat and consider the person in whose name this bond is registered as the absolute owner hereof for all purposes including for the purpose of receiving payment of, or on account of, the principal hereof and interest and premium, if any, due hereon. The bonds maturing on any maturity date are issuable only in the denomination of$5,000 or any integral multiple thereof. [A Continuing Disclosure Contract from the City to each registered owner or holder of any bond, dated as of the date of initial issuance of the Bonds (the "Contract"), has been executed by the City, a copy of which is available from the City and the terms of which are incorporated herein by this reference. The Contract contains certain promises of the City to each registered owner or holder of any Bond, including a promise to provide certain continuing disclosure. By its payment for and acceptance of this bond, the registered owner or holder of this bond assents to the Contract and to the exchange of such payment and acceptance for such promises.] IN WITNESS WHEREOF, the City of South Bend, in St. Joseph County, Indiana, has caused this bond to be executed in its corporate name by the manual or facsimile signature of the Mayor, and its corporate seal to be hereunto affixed, imprinted or impressed by any means and attested manually or by facsimile by its Clerk. CITY OF SOUTH BEND, INDIANA By: Mayor (SEAL) ATTEST Clerk A-4 REGISTRAR'S CERTIFICATE OF AUTHENTICATION It is hereby certified that this bond is one of the bonds described in the within-mentioned Ordinance duly authenticated by the Registrar. as Registrar By Authorized Representative The following abbreviations, when used in the inscription of the face of this bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN. COM. as tenants in common TEN. ENT. as tenants by the entireties JT. TEN. as joint tenants with right of survivorship and not as tenants in common UNIF. TRAN. MIN. ACT Custodian (Cult.) (Minor) under Uniform Transfer to Minors Act of (State) Additional abbreviations may also be used although not in the above list. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address and Social Security or Other Identifying Number) $ principal amount (must be a multiple of $1,000) of the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney to transfer the within bond on the books kept for the registration thereof with full power of substitution in the premises. A-5 Dated: NOTICE: The Signature to this assignment must correspond with the name as it appears on the face of the within bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. in Clark's Offic, DMS PFACCENDA 1359616v3 L_ ,, . 4 2 015 'i''D,IN A-6 1200N County-City Building „��\ `01,111:0,V--. Phone 574/235-9216 227 W.Jefferson Blvd. i�\�\ 4,�` TTY 574/235 5567 South Bend,Indiana 46601-1830 ; w""�\, cg/--:' Fax Fax 574/235-9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 4, 2015 Mr. Tim Scott President, South Bend Common Council 4th Floor County-City Building 227 W.Jefferson Blvd. South Bend,IN 46601 Re: 2015 Sewage Works Refunding Bond Ordinance Dear Council President Scott: The attached Bond Ordinance approves the refunding of all of the City's outstanding 2006,2007 and 2007B Sewage Works Bonds. Piper Jaffray, the City's placement agent, anticipates a reduction in the current 4.45% average interest rate to approximately 2.25%. Per their preliminary analysis,this should create a gross interest cost savings of approximately$3 million and a net present value savings of approximately$1.7 million. Piper Jaffray also expects that the refunding bonds will be sold to a bank and that no debt service reserve for the bonds will be required.As such, funds in the City's existing common debt service reserve will be freed up to be used on the refunding. By applying the excess funds in the existing debt service reserve to the refunding, the Refunding Bonds may be structured with a final payment of December 1, 2025; a pay-off one year earlier than the December 1,2026 final maturity of the 2006 Bonds and two years earlier than the existing December 1,2027 final maturity of the 2007 bonds being refunded. This bill is submitted for 1st read filing with the Common Council for the council meeting on November 9, 2015; 2°d reading,public hearing and 3rd reading at the council meeting on November 23,2015. I will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. The City's bond counsel and financial advisor will also be available to answer questions regarding this ordinance. Respectively submitted, A \ 3 . Filed i--- - :. - r.. 41°61 Jo Murphy `---- - - -----1 City Controller '• CITY t.: -.--_:-5 .:,U E FI EiEND,IN 44 t4- ORDINANCE NO. IS- ija AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3055 EDISON ROAD,COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT REZONING TO OB OFFICE BUFFER DISTRICT TO ALLOW USES PERMITTED WITHIN,AND SEEKING A SPECIAL EXCEPTION USE TO ALLOW FOR PERSONAL SERVICES. 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: A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP38 NORTH, RANGE 3 EAST, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 2120.15 FEET WEST OF THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE NORTH A DISTANCE OF 220 FEET;THENCE EAST A DISTANCE OF 140 FEET;THENCE SOUTH A DISTANCE OF 220 FEET TO THE SOUTH LINE OF SAID SECTION 32; THENCE WEST ALONG SAID SOUTH LINE OF SECTION 32,A DISTANCE OF 140 FEET TO THE PLACE OF THE BEGINNING(COMMONLY KNOWN AS 3055 EAST EDISON ROAD, SOUTH BEND INDIANA 46615). be and the same is hereby established as OB Office Buffer District SECTION II.That a Special Exception for personal services in a OB Office Buffer District zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any,of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: op ' for public hear and Council action co this ttieus, _ - City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 ,at o'clock .m. City Clerk Approved and signed by me on the day of ,20 ,at o'clock .m. Mayor of the City of South Bend, Indiana • 1st READING ( , \-I f- NOV 0 4 2015 PUBLIC HEARING 3 rd READING NOT APPROVED I ^` r___ REFERRED PASSED PETITION FOR A COMBINED PUBLIC 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. 1) The property sought to be rezoned is located at: 3055 Edison Road, South Bend,IN 46615 2) The property Tax Key Number(s) is/are: 02410010442 3) Name and address of property owner(s)of the petition site: • Sonora Properties of Indiana LLC 525 N 17`h Street • Niles, M1 49120 269-362-4080 • julidon2 @gmail.com Name and address of additional property owners, if applicable: 4) Name and address of contingent purchaser(s),if applicable: Name Address City, State Zip Code Phone number with Area Code E-Mail Address Name'and address of additional property owners, if applicable: • 5) It is desired and requested that this property be rezoned: From: LB Local Business District Additional zoning district,if applicable To: OB Office Buffer District • 6) This rezoning is requested to allow the following use(s): Any uses allowed in OB Office Buffer and an exception for personal services uses as well. 7) If applicable,a detailed description and the purpose of the variance(s)being requested: Variances in the site plan based on adequate existing screening. • 8) A statement on how each of the following standards for the granting'of variances is met: (a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: The current existing screening is adequate in areas where a variance is requested (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: Use and value of adjacent properties will be enhanced by making it • possible to sell or lease to a good user rather than continue to have it sit vacant.Additional unnecessary screening would not have any additional benefit to the adjacent properties. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Requiring unnecessary additional screening where adequate screening already exists would result in an undue financial hardship on the owners who have already carried the expenses of this vacant property for a long time. 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) If applicable,a detailed description and purpose of the Special Exception(s)being requested: In addition to the uses allowed in OB Office Buffer, we are requesting an exception to OB to also allow personal services uses, including hair salons and nail salons. Although the property is well suited for a variety of office uses, it is currently configured for use as a hair salon, we need to keep it open for personal services uses as well to have a greater chance of obtaining a tenant or a sale to EITHER office or personal services users. 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed use will not be injurious to the public health, safety,comfort,community moral standards,convenience or general welfare: Granting the personal services uses will not be injurious as that it what it is currently approved for. (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Granting the personal services uses will not be injurious as that it what it is currently approved for. (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: It will be consistent because it is already approved for a hair salon. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan.It is already approved for use as a hair salon/LB. 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 list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Janice Hensel 2477 Lake Street Niles, Ml 49120 574-298-4319 jdhense187@gmail.com Si:, ature(s)of all property owner(s), or signature of Attorney for all property owner(s): u _< — 1 t z'o'Lecii 1 C10!k'S Office. LCITY CLERIC,50lf- +1 I;c'`:0,IN ______ PRELIMINARY SITE PLAN REQUIREMENTS A. Tabulated(listed)Data(Note:data are for illustrative purposes only) 1. LAND COVERAGE AREA % OF TOTAL AREA Total: 1.75 acres 76,230 sf 100% a. buildings(ground floor only) 20,000 sf 26% b. parking&loading,and drives 33,361 sf 44% c. open space(yards, landscaping,etc) 22,869 sf 30% 2. Proposed land uses&floor area(e.g. bank,retail shopping center, office,pizza parlor,apartments) USE FLOOR AREA %OF TOTAL FLOOR AREA BUILDING HEIGHT a. Office 5,000 sf 25% 1 story; 35' b. Retail 5,000 sf 25% 1.5 story; 40' c. Restaurant 10,000 sf 50% 1 story; 32' Sub-Total 20,000 sf 100% d.Residential HEIGHT #OF UNITS BEDROOMS/UNIT TOTAL BEDROOMS building 1 3-story/40' 10 2 20 building 2 Gi 5 2 10 building 3 5 1 5 building 4 2-story/30' 8 3 24 Sub-Total 28 8 59 e. Estimated population; Project Density 3. Parking ratios per use as required by ordinance, and number of spaces to be provided. B. Current and Proposed: Sanitary Sewer or Septic; Storm Sewer; Public or Private Water Facilities. C. Name,address and phone number of engineer,surveyor,owner/developer, and landscape architect. D. Mapped Information(drawn to scale) 1. North arrow,written and graphic scale,date. 2. Boundaries of property with dimensions. 3. Location of buildings,uses and easements. 4. Location and composition of open spaces, landscape planting areas and buffer strips. 5. Location of parking and loading areas, entry and exit drives. 6. Abutting public and private streets. 7. Building and parking setbacks. 8. Location, height,size and type of sign(s). 9. Topography and other natural features. 10. Sanitary, storm sewer,and public water connections; or,private well and septic system locations. NOTE:additional information may be required during the review process so that the Commission can make an informed decision. 3 ;'''!ed n 'C$'.rk's Offie ; 1 I cr_. -4 2015 � I CITY CLER( SQ r y ..._ ..._ 140'=0" - PROPERTY SQ. FOOTAGE25,200 64'_0" Q. HEIGHT OF HOUSE: 1 1/2 STORIES 20'-0" TvP REQUIRED LANDSCAPING PER THE ORDINANCE ' * INDICATES HEDGES/SHRUBS GREEN SPACE a I 3' ON CENTER, 24" IN HEIGHT - 10'�0 1500 � TYP : INDICATES BUFFER YARD_.• 12.-0" wI GALLON 1 �v :� DRY WELLl HANDICAP PARKING (1) cam ;a INDICATES EVERGREENS ? �° ' `'• GARAGE EXISTING I c° f _ HOUSE }- L o : I 1 ��i — 180'-0" a)< HANDICAP RAMP T. Z GREEN SPACE o z _ 1200 GALLON 8 -- ..... .-.-e,--- DRY WELL• 10'-0" 12'-0" c . - _l0 ✓} v= ona••os (Ay SIDEWALK J -- EDISON RD. - 01 PROPOSED SITE PIIW 3065 EDISON RD. 10/28/04 TAX KEY: I BP 24-.1001-0442 ,• SONORA PROPERTIES OF IND. LLC >� DATE APPROVAL 1 0*r- • XXXXX SCALE '% 40 I I SHEET 1 OF 1 name_l mailingadd mailingcit CSP PROPERTIES LLC 58217 Sommerset Place Blvd Goshen HYER REBECCA J &ALBERTSON DENNIS K JOINT TENAN"3021 Kettering Dr South Bend HARLAN MARY V LIVING TRUST MARY V HARLAN RETAINS A LIFE ESTATE 9032 Summer Club Road Charlotte LARGIN VERNITA E 1512 HASS DR South Bend MOORE GEOFFREY&SARI 1511 Hass Dr South Bend SONORA PROPERTIES OF INDIANA LLC 525 N 17TH Niles SIMPSON YVETTE 1335 Brummitt Ln South Bend KING COURTNEY L 3014 Kettering Dr South Bend BENSON TIMOTHY S & LAUREN A 3022 Kettering Dr South Bend FORNANGO RICHARD & MARY KIM 3104 Kettering Dr South Bend TRAN PHUONG T 1336 Brummit Ln South Bend HAWKINS JUDITH A& CHAPLA DENNIS C 18040 Bariger PI South Bend SELLERS HARLEY GUS 77-6409 Kilohana St Kailua Kona LAKESIDE GROUP INC 2300 Fairway Dr. Long Beach GENETTI JOHN A AND KARIN A 41748 N Iron Horse Dr Anthem PLOUGHE DAVID 1326 Brummit Lane South Bend BUDD THOMAS& BUDD SANDY J 12076 Lupine Ln Granger GATES DAVID L& NANCY A g 3112 Kettering Dr South Bend SOHRAB ALIAKBAR &SARAMAGHAN NASTARAN 1332 Brummitt Ln South Bend BLAUVELT WILLIAM J 17631 Cobblestone Ct South Bend WATERFORD GLEN LLC 3012 Edison Rd South Bend LIGHTHOUSE BAPTIST CHURCH INCORPORATED 3050 Edison Rd South Bend GREAT RETURNS LLC 15 W 219 Conkord St ste 600 Elmhurst EVANGELICAL COVENANT CHURCH OF S B 3025 E Edison Rd South Bend EVANGELICAL COVENANT CHURCH OF S B 3025 E Edison Rd South Bend CITY OF S BEND PUBLIC PARKS 321 E Walter St South Bend mailingsta mailingzip IN 46528 IN 46635 NC 28277 IN 46635 IN 46637 MI 49120 IN 46615 IN 46635 IN 46635 IN 46635 IN 46615 IN 46637 HI 96740 IN 46360 AZ 85086 IN 46615 IN 46530 IN 46635 IN 46615 IN 46635 IN 46615 IN 46615 I L 60126 IN 46635 IN 46615 IN 46614 mli;a Go,eF4&, 227 W.JEFFERSON BOULEVARD /' . i% 17;1 PHONE:574t235-9371 SUITE 1400 S. � /% ��\ d's Fax:574/235-9021 Sour!'BEND,IN 46601-1830 1',W " • i CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR October 26, 2015 \ \ 2J/ t 3 Janice Talboom Office of the City of South Bend Clerk 4th Floor County City Building South Bend, IN 46601 Dear Janice, On behalf of the South Bend Redevelopment Commission,please allow this letter to serve as a formal notification to withdraw the request to rezone properties at 3920 Crescent Circle, 5661 F.J. Nimtz Parkway; and the property located immediately east of 5661 F.J. Nimtz Parkway from LI Light Industrial to 0 Office (Bill #20-13). If you should have questions about this request,please contact me or Jitin Kain at 235-5835. Sincerely, Scott Ford CC: Area Plan Director File - - - PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES Jim KAIN PAMELA C.MEYER CHRIS FIELDING DONALD E.INKS ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5661 F.J.NIMTZ PARKWAY AND THE VACANT PROPERTY EAST OF AND ADJACENT TO AND WEST OF AND ADJACENT TO 5661 F.J.NIMTZ PARKWAY, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Zoning is currently"LI" Light Industrial. A change in the zoning classification to"0" Office District will allow for greater development opportunities and is compatible with surrounding zoning classifications. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, shall be and the same hereby is amended to provide that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Blackthorn Corporate Park, Park Minor Sub# 7 Lots 6, 7, and 8 be and the same is hereby established as "0" Office District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and publication according to law. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 , at o'clock .m. City Clerk Approved and signed by me on the day of , 20 , at o'clock .m. Mayor of the City of South Bend, Indiana fi�ea ire �e= fic . p� .f 113 ' I F.1 1A jOUTH SEND,iN 1st READING S � 3 —L3 PUBLIC FIEAR NG 3 rd READING NOT APPROVED REFERRED PASSED PETITION TO REZONE City of South Bend.Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 5661 F.J.Nimtz Parkway and the vacant property east of and adjacent to and west of and adjacent to 5661 F.J.Nimtz Parkway,South Bend,Indiana 2) The property Tax Key Number(s)is/are: 025-1018-062208,025-1018-062209,and 025-1018-062210 3) Name and address of property owner(s)of the petition site: South Bend Redevelopment Authority 1400 County City Building South Bend,IN 46601 Ph: 574-235-9371 4) Name and address of contingent purchaser(s),if applicable: Not applicable 5) It is desired and requested that this property be rezoned: From: "LP Light Industrial To: "0"Office District 6) This rezoning is requested to allow the following use(s): General office and medical office 7) Attached, and made a part of this PETITION,is: (a)a copy of a legal description of the property; (b)a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of the petition property; (c)addressed,stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Signature(s)of All Property owner(s),or signature of Attorney for all property owner(s): Scott Ford—Director of Community Investment 227 W.Jefferson 1400 County-City Building 0.0e, I'. South Bend,IN 46601 574-235-9371 Sford @southbendin.gov CONTACT PERSON: (If different) Same as above Flied r* office MO et, '013 �ef� Trtry �t`�o�+1t CI Y CLERA. t0.11413,4 LEGAL DESCRIPTION Lot Numbered Six(6)as shown on the recorded Plat of Blackthorn Corporate Office Park Minor Subdivision #7, recorded July 13, 1998 as Document Number 9836274 in the Office of the Recorder of St. Joseph County, Indiana. Lot Numbered Seven (7)as shown on the recorded Plat of Blackthorn Corporate Office Park Minor Subdivision#7, recorded July 13, 1998 as Document Number 9836274 in the Office of the Recorder of St.Joseph County, Indiana. Lot Numbered Eight(8) as shown on the recorded Plat of Blackthorn Corporate Office Park Minor Subdivision#7, recorded July 13, 1998 as Document Number 9836274 in the Office of the Recorder of St. Joseph County, Indiana. Fred s :.,? r.5's Office ANY Z- 'AM I a CITY C14140,, Solvfl, tg, P,IN PRELIMINARY SITE PLAN REQUIREMENTS City of South Bend,Indiana Tabulated (listed)Data(Note:data noted arc for illustrative purposes only) 1. Land Coverage: LAND COVERAGE AREA %OF TOTAL AREA Total: 17.67 acres 769,705 sf 100% 2. Proposed land uses& floor area (e.g. bank, retail shopping center, office, pizza parlor, apartments) N/A 3. Parking ratios per use as required by ordinance and number of spaces to be provided. N/A 4. Sewer and water facilities N/A 5. Name of engineer, surveyor and landscape architect. N/A Mapped Information (drawn to scale) 1. North arrow, written and graphic scale, date. 2. Location of buildings and uses. 3. Boundaries of property with dimensions. 4. Location of buildings, uses and easements. 5. Location and composition of open spaces,landscape planting areas and buffer strips. 6. Location of parking and loading areas, entry and exit drives. 7. Abutting public and private streets. 8. Building and parking setbacks. 9. Location,height, size and type of sign(s). 10. Topography and other natural features. 11. Sanitary, storm sewer,and public water connections; or,private well and septic system locations. NOTE:additional information may be required during the review process so that the Commission can make an informed decision. Filed ce, ' : Office p 10 r : ;;3 ,,:, suci,IN • Preliminary Site Plan Blackthorn Corporate Park Minor Subdivision # 7 - Lots 6, 7, and 8 . I1CJF1J Toll Rn,l(i (80/90) 0 0 © -IrTJiJ Es 1 ------. d �s '—, At a LOT 6-5.49 Acres +/- ' LOT 7-5.12 Acres+/- LOT 8-7.06 Acres +/- i(g _ 1 =- gre i 0 : 0 v © 4 \s fie i� -- — — Nimitz Parkway — — — —• SETBACK REQUIREMENTS /),/, 0 25 Foot Front Yard Setback SITE PLAN DISCLAIMER LEGEND i _--- © 8 Foot Side Yard Setback The contents of this preliminary site plan are in ! i Setback Line accordance with the South Bend Zoning Ordi- © 15 Foot Rear Yard Setback nance.Drawing not to Scale, 0 125 250 SOo NM Feet „ e cva,c.*o cove„,.v s,»n, PROPERTY OWNERS 025-1018-062207 Crescent circle at Blackthorn,LP 188 N.Euclid Avenue, Second Floor Upland,CA 91786 025-1018-062206 Crescent Michiana Properties,LLC Attn: Thomas C.Panzica 416 E. Monroe, Suite 320 South Bend,IN 46601 025-1018-062205 Career Academy of South Bend, Inc. 3801 Crescent Circle South Bend,IN 46628 025-1018-062422 South Bend Redevelopment Authority 1200 County City Building. South Bend, IN 46601 025-1018-062423 South Bend Redevelopment Authority 1200 County City Building South Bend,IN 46601 025-1018-062406 South Bend Redevelopment Authority 1200 County City Building South Bend,IN 46601 025-1018-062401 South Bend Redevelopment Authority 1200 County City Building South Bend,IN 46601 025-1018-062410 South Bend Redevelopment Authority 1200 County City Building South Bend,IN 46601 025-1018-062424 GKD Properties,LLC 55615 Whipporwill Court South Bend,IN 46619 025-1018-0628 St.Joseph County Airport Authority District 4535 Lincolnway West South Bend,IN 46628 025-1018-062808 St.Joseph County Airport Authority District 4535 Lincolnway West South Bend, IN 46628 Flied - , ' gice • CITY CLERK '4 END,IN JOHN W BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574) 235-9571 Wednesday, May 22, 2013 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of the South Bend Redevelopment Authority to zone from LI Light Industrial District to 0 Office District, property located at 3920 Crescent Circle, and 5661 F. J. Nimtz Parkway and the property located immediately east of 5661 F. J. Nimtz Parkway,City of South Bend-APC# Dear Council Members: I hereby Certify that the above referenced ordinance of South Bend Redevelopment Authority was legally advertised on Thursday, May 09, 2013 and that the Area Plan Commission at its public hearing on Tuesday, May 2 I, 2013 took the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of the South Bend Redevelopment Authority to zone from LI Light Industrial District to 0 Office District, property located at 3920 Crescent Circle, and 5661 F.J. Nimtz Parkway and the property located immediately east of 5661 F. J.Nimtz Parkway,City of South Bend, is sent to the Common Council with a favorable recommendation. There has been a mix of light industrial and offices developed within this area. Several properties in the vicinity are zoned 0 Office, including properties directly across the street from the petition area. Rezoning these properties to 0 Office will permit the properties to be more effectively marketed in compliance with the Master Development Plan for Airport 2010 Project. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely. IA . 1111 W. Byorni Attachment CC South Bend Redevelopment Authority SERVING:ST JOSEPH COUNTY.SOUTH BEND.LAKEVILLE,NEW CARLISLE.NORTH LIBERTY.OSCEOLA&ROSELAND www stiosephcountyindia na.com/Areaplan Staff Report 5/9/2013 APC# 2672-13 Owner: South Bend Redevelopment Authority Location: 3920 Crescent Circle, 5661 F. J. Nimtz Parkway and the property located immediately east of 5661 F. J. Nimtz Parkway Jurisdiction: City of South Bend Public Hearing Date: 5/21/2013 Requested Action: The petitioner is requesting a zone change from LI Light Industrial District to 0 Office District to allow uses permitted in the 0 Office District Land Uses and Zoning: On site: On site is vacant land zoned LI Light Industrial District. North: To the north is the Indiana Toll Road. East: To the east is the Indiana State Police Office. South: To the south is vacant land zoned 0 Office District and Blackthorn Golf Course Zoned LI Light Industrial District. West: To the west is a multi-tenant office building zoned LI Light Industrial District. District Uses and Development Standards: The 0 Office District is established to promote the development of: general office uses and complexes; professional health care uses and complexes; limited public and semi- public uses; and, other uses which are generally compatible in physical appearance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. The 0 District is intended for areas with easy access and high visibility from primary transportation routes. Site Plan Description: The site consists of Lots 6, 7, and 8 of the Blackthorn Corporate Park Minor Subdivision. All three lots are currently vacant and total 17.67 acres. Perimeter setbacks are established. Zoning and Land Use History And Trends: This property was zoned 0 Office in 2004 when the current zoning ordinance took effect. It was rezoned to LI Light Industrial in 2005. Traffic and Transportation Considerations: Nimtz Parkway is a four lane road. Crescent Circle is a two lane road. Utilities: The site will be served by municipal water and sewer. Agency Comments: The County Surveyor has no objections. The City Engineer has no objections provided there are no buildings constructed over the sanitary sewer located on Lot 8. The St. Joseph County Airport Authority has no objection as long as the height limitations of the zoning APC # 2672-13 Page 1 of 2 Staff Report 5/9/2013 ordinance are enforced due to the proximity to the Airport. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2005) Objective LU 2: Encourage a compatible mix of land uses in the community. Land Use Plan: The future land use map identifies this area as Light Industrial. Plan Implementation/Other Plans: Master Development Plan for the Airport 2010 Project identifies this area as Office Park/Golf Course. The Office Park/Golf Course area is intended for large single tenant, corporate headquarters, or large multi-tenant professional buildings on sites ranging from 5-10 acres. 2. Current Conditions and Character: The site is located within the Blackthorn Corporate Park. Currently there are a number of vacant parcels and a mix of light industrial and office uses. 3. Most Desirable Use: The most desirable uses are those allowed in 0 Office and LI Light Industrial. 4. Conservation of Property Values: Surrounding property values should not be negatively impacted by the rezoning. 5. Responsible Development And Growth: It is responsible development and growth to zone the site to 0 Office to allow for development compatible with the Blackthorn development. Staff Comments: No additional staff comments. Recommendation: Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: There has been a mix of light industrial and offices developed within this area. Several properties in the vicinity are zoned 0 Office, including properties directly across the street from the petition area. Rezoning these properties to 0 Office will permit the properties to be more effectively marketed in compliance with the Master Development Plan for Airport 2010 Project. APC# 2672-13 Page 2 of 2 G fa ro I-80 I-80 rif F] Nimtz 1 + JI 0 �I u J :J ti O z - f I Rezoning from: "LI" LIGHT INDUSTRIAL DISTRICT to "0" OFFICE DISTRICT Zoning Key " W �ac� SOUTH BEND "O" OFFICE DISTRICT '�y 7 E SOUTH BEND "LB" LOCAL BUSINESS DISTRICT s SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT 1 inch = 400 feet SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT APC # 2672-13