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HomeMy WebLinkAbout04-14-2025 Agenda PacketOFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK INTEGRITY | SERVICE | ACCESSIBILITY Matthew Neal Margaret Gotsch DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: BIANCA L. TIRADO, CITY CLERK DATE: THURSDAY, APRIL 10, 2025 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, April 14, 2025: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public. Members of the Public may Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/041425CC 3:30 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI 1.Bill No. 20-25 - Creation of Fund 457 2.Bill No. 21-25 - Creation of Fund 458 3:50 P.M. PUBLIC WORKS & PROPERTY VACATION CHAIRPERSON, NIEZGODSKI 1. Update - Floodplain Regulations 2.Bill No. 22-25 - ROW Vacation - 416 North Main Street and 425 North Dr. Martin Luther King Jr. Drive 3.Bill No. 25-22 - Resolution Adopting Indiana Code § 5-23 in Its Entirety and Authorizing the City of South Bend Board of Public Works to Take All Other Actions Related Thereto 4:25 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WARNER 1.Bill No. 25-20 - Resolution to Approve the Issuance of Scrap Metal / Junk Dealers / Recycling Operation Licenses 2.Bill No. 25-21 - Resolution to Deny a Scrap Metal / Junk Dealers / Recycling Operations License for US Scrap and Recycling LLC 3.Bill No. 25-23 - Resolution Authorizing and Approving the Execution of a First Amendment to the Certified Technology Park Agreement Between the City of South Bend, Indiana, and the South Bend Redevelopment Commission EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov 5:10 P.M. ZONING & ANNEXATION CHAIRPERSON, DR. OLIVER DAVIS 1. Bill No. 06-25 - Special Exception at 411 Cottage Grove Avenue 2. Bill No. 15-25 - Special Exception at 1335 Corby Boulevard 3. Bill No. 16-25 - Special Exception at 1253 Corby Boulevard 4. Bill No. 18-25 - Special Exception and Use Variance at 1701 Hickory Road Council President Canneth Lee has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning & Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, C. LEE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, April 14, 2025 7:00 P.M. The South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/SBCC041425 1. INVOCATION PASTOR DAVY L. TROXEL | MISHAWAKA GRACE BRETHREN CHURCH 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES MARCH 24, 2025 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES REDEVELOPMENT COMMISSION 2024 REPORT 7. COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 06-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 411 COTTAGE GROVE AVENUE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 2 15-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1335 CORBY BOULEVARD COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 16-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1253 CORBY BOULEVARD COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 18-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1701 HICKORY ROAD COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 20-25 PUBLIC HEARING ON AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL CREATING THE 2024 RDA TAXABLE LEASE RENTAL REVENUE BOND CAPITAL FUND (#457) 21-25 PUBLIC HEARING ON AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL CREATING THE 2024 RDA LEASE RENTAL REVENUE BOND CAPITAL FUND (#458) 22-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PORTION OF THE RIGHT-OF-WAY ALONG THE SOUTH SIDE OF MARION STREET AND EAST SIDE OF MAIN STREET FROM THE ROUNDABOUT AT MICHIGAN STREET AND MARION STREET SOUTHWESTERLY TO MADISON STREET 8. BILLS ON THIRD READING TIME:______ BILL NO. 06-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 411 COTTAGE GROVE AVENUE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 15-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1335 CORBY BOULEVARD COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 3 16-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1253 CORBY BOULEVARD COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 18-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1701 HICKORY ROAD COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 20-25 THIRD READING ON AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL CREATING THE 2024 RDA TAXABLE LEASE RENTAL REVENUE BOND CAPITAL FUND (#457) 21-25 THIRD READING ON AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL CREATING THE 2024 RDA LEASE RENTAL REVENUE BOND CAPITAL FUND (#458) 22-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PORTION OF THE RIGHT-OF-WAY ALONG THE SOUTH SIDE OF MARION STREET AND EAST SIDE OF MAIN STREET FROM THE ROUNDABOUT AT MICHIGAN STREET AND MARION STREET SOUTHWESTERLY TO MADISON STREET 9. RESOLUTIONS BILL NO. 25-20 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS LICENSES FOR CALENDAR YEAR 2025 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE 25-21 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING DENIAL OF A SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS LICENSES FOR US SCRAP & RECYCLING LLC PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE 25-22 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA ADOPTING INDIANA CODE § 5-23 IN ITS ENTIRETY AND AUTHORIZING THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS TO TAKE ALL OTHER ACTIONS RELATED THERETO 4 25-23 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING AND APPROVING THE EXECUTION OF A FIRST AMENDMENT TO THE CERTIFIED TECHNOLOGY PARK AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, INDIANA ECONOMIC DEVELOPMENT CORPORATION, AND THE SOUTH BEND REDEVELOPMENT COMMISSION 10. BILLS ON FIRST READING BILL NO. 23-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE REGULATIONS FOR FLOOD DAMAGE PREVENTION 24-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1702 WESTERN AVENUE COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 26-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION 13-58; CHAPTER 2, ARTICLE 12, SECTION 2-142; AND CHAPTER 13, ARTICLE 10, SECTION 13-96 TO UPDATE THE REGULATIONS FOR DISCHARGING FIREARMS 27-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 7, SECTION 13-81 TO REPEAL THE ORDINANCE PROHIBITING PUBLIC NUISANCE NOISES 28-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE HISTORIC PRESERVATION TICKET SURCHARGE FOR THE MORRIS PERFORMING ARTS CENTER 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ 5 Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English version. Any discrepancies which may be created in the translation are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2025 COMMON COUNCIL STANDING COMMITTEES (Rev. 03-10-2025) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Troy Warner, Chairperson Sherry Bolden-Simpson, Member Karen L. White, Vice-Chairperson Thomas Gryp, Citizen Member Ophelia Gooden-Rodgers., Member Kaine Kanczuzewski, Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Ophelia Gooden-Rodgers, Chairperson Sheila Niezgodski, Member Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Canneth Lee, Member Troy Warner, Member Rachel Tomas Morgan, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Rachel Tomas Morgan, Chairperson Sharon McBride, Member Troy Warner, Vice-Chairperson Dr. Oliver Davis, Member Sheila Niezgodski, Member Citizen Member Citizen Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Sharon McBride, Member Sherry Bolden-Simpson, Vice-Chairperson Citizen Member Dr. Oliver Davis, Member Citizen Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Ophelia Gooden-Rogers, Member Karen L. White, Vice- Chairperson Troy Warner, Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member Karen L. White, Vice-Chairperson Rachel Tomas Morgan, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member Ophelia Gooden-Rodgers, Vice-Chairperson Troy Warner, Member Carl Littrell, Citizen Member Jason Piontek, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member Sheila Niezgodski, Vice-Chairperson Sharon McBride, Member Gabriel Murei, Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Sherry Bolden-Simpson, Chairperson Sheila Niezgodski, Member Dr. Oliver Davis, Vice-Chairperson Ophelia Gooden-Rodgers, Member Firdia Johnson, Citizen Member Joseph Mayer, Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Dr. Oliver Davis, Chairperson Troy Warner, Member Rachel Tomas Morgan, Vice-Chairperson Karen L. White, Member Henry Davis Jr., Citizen Member Stacey Odom, Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Sherry Bolden-Simpson, Member 2025 COMMON COUNCIL STANDING COMMITTEES (Rev.03-10-2025) CANNETH LEE, 1ST District Council Member President Council Rules Committee, Member OPHELIA GOODEN-RODGERS, 2nd District Council Member Community Relations Committee, Chairperson Public Works & Property Vacation Committee, Vice-Chairperson Community Investment Committee, Member PARC Committee, Member Residential Neighborhoods Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Residential Neighborhoods Committee, Member Health & Public Safety Committee, Member Information & Technology Committee, Member TROY WARNER, 4TH District Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Health and Public Safety, Vice-Chairperson Council Rules Committee, Member Public Works & Property Vacation, Member PARC Committee, Member Sub-Committee on the Minutes, Member Zoning & Annexation Committee, Member SHERRY BOLDEN-SIMPSON, 5TH District Council Member Utilities Committee, Chairperson Community Relations Committee, Member Information & Technology, Vice-Chairperson Community Investment Committee, Member Sub-Committee on Minutes, Member SHEILA NIEZGODSKI, 6TH District Council Member Personnel & Finance Committee, Chairperson Public Works & Property Vacation, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Community Relations Committee, Member Utilities Committee, Member DR. OLIVER DAVIS, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation Committee, Member Utilities Committee, Vice-Chairperson Information & Technology Committee, Member Personnel & Finance Committee, Member Health & Public Safety Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Vice-President Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member Information & Technology Committee, Chairperson Zoning & Annexation Committee, Vice-Chairperson Council Rules Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Personnel & Finance Committee, Vice-Chairperson Community Investment Committee, Vice-Chairperson Zoning & Annexation Committee, Member Community Relations Committee, Vice-Chairperson PARC Committee, Vice-Chairperson City of South Bend County-City Building 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 574)235-7627 April 8,2025 Filed in Clerk's Office Common Council of South Bend 227 W.Jefferson Blvd,4`h Floor Bianca Tirado South Bend, IN 46601 City Clerk, South Bend, IN Re: Bill#06-25: The petition of VIP FLIP LLC seeking a Special Exception for a two unit dwelling in the U 1 Urban Neighborhood 1 for property located at 411 COTTAGE GROVE AVE Dear Council Members: I hereby Certify that the above referenced petition of VIP FLIP LLC was legally advertised on February 21,2025,and that the South Bend Board of Zoning Appeals at its public hearing on April 7,2025,took the following action: Upon a motion by Caitlin Stevens,being seconded by Kaine Kanczuzewski and unanimously carried, a petition by VIP FLIP LLC seeking a Special Exception for a two unit dwelling for property located at 411 COTTAGE GROVE AVE,City of South Bend,is sent to the Common Council with a favorable recommendation,and will issue written Findings of Fact. The staff comments related to this petition are attached.The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office and will be posted on our website once approved. If you have any questions,please feel free to contact our office. Sincerely, ja.h,c_ Kari Myers Zoning Specialist Attachment CC: VIP FLIP LLC Building Department Bob Palmer 06-25 JI In 7 cn im.; 4 0 co ° 1„ HARRISON AV oCD H D oa mvfU o Y a ° Q. 2 z mOIL o I Q vo3az oQ a)O D c o ... tp33i r O N ON CD C NJ r D N o m n G) u' 3 - v x m n 3 0 g G) o a o b na I C 0 a0 -° m r) 0o g D v m moa U 5- C41111%. bSD O _CO COTTAGE GROVE AVE, z 3 3 65. 3 0 D S v w T1 o 0 H t - 3 r I cl A to r' W b S COCD pa iv NJovitlJ1 U) O C C ,ti H 10 x 0 0 CO m 0. I d CP N 0 m 0 It LOT B r. N N CN 119.790' c' Z A t w z 8 0 O r a IA cra I 56.93'15.07'---> Fa oLOT N DUPLEX 0:0NNLj CO i 1. a If 40.00' 8.00' rn ri I< 119.990' COTTAGE GROVE AVE Pa2C CD N 0 W M 4)N O t-.) Staff Report—BZA#0312-25 March 3, 2025 Criteria for Decision Making: Special Exception A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; Approval of the Special Exception should not be injurious to the public health, safety, morals and general welfare of the community. The building is newly constructed as a duplex. A two- unit dwelling will provide more residents to the neighborhood which will increase safety and the general welfare of the community. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Building a duplex should not injure or adversely affect the use or value of adjacent properties. The proposed duplex is consistent with the scale and character of the surrounding neighborhood, will bring new residents to the area, and will provide housing on a lot that is currently vacant. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The use as a two unit dwelling will further complement the existing housing stock, match the scale and character of dwellings in the neighborhood, and provide new housing in an area with substantial vacancy. The proposed use will provide more housing options for residents. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006) Objective H1.1: Encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. Analysis & Recommendation Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will bring new residents to the area and provide additional housing on a lot that is currently vacant. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3 City of South Bend BOARD OF ZONING APPEALS March 4, 2025 Filed in Clerk's Office MAR [I 4 tilts Bianca Tirado City Clerk, South Bend, IN South Bend Common Council 227 W. Jefferson Blvd.,4th Floor South Bend, IN 46601 Re: Bill#06-25—The petition of VIP FLIP LLC seeking a Special Exception to allow a two-unit dwelling in U1 Urban Neighborhood 1 district,property located at 411 COTTAGE GROVE AVE, City of South Bend-#0312-25 Dear Council Members: Please be advised that the March 3,2025, Board of Zoning Appeals meeting was cancelled. The above- referenced item was scheduled for public hearing at your March 10, 2025, Council meeting. The petition is scheduled for public hearing at the April 7, 2025, Board of Zoning Appeals meeting. Please set it for public hearing at your April 14, 2025, Council meeting. Feel free to contact our office if you have any questions. Sincerely, Kari Myers Zoning Specialist cc: Bob Palmer County-City Building 227 W.Jefferson South Bend, IN 46601 I 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office City of South Bend Bianca Tirado BOARD OF ZONING APPEALS City Clerk, South Bend. iN February 4, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 411 Cottage Grove Ave. Dear Committee Chair Dr. Davis: Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your February 10, 2025,Council meeting and set it for public hearing at your March 10, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the March 3, 2025, South Bend Board of Zoning Appeals meeting.The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: A Special Exception to allow for the use of a duplex The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer County-City Building 1227 W.Jefferson South Bend, IN 46601 574-235-7627 I www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 06-25 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 411 COTTAGE GROVE AVENUE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for a two unit dwelling NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 411 Cottage Grove Ave, South Bend, IN 46616. 018-1030-1340 In order to permit a two unit dwelling. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health,safety, comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth Lee, Council President South Bend Common Council Attest: Bianca Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at o'clock . m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - City of South Bend 227 W. Jefferson - Suite 1400S IN 46601 BOARD OF ZONING APPEALS South Bend, zoning@southbendin.gov Petition for Variance - Special Exception Property Information_ XX XX11 Tax Key Number: z34-r` 018-1030-1340 Address: 411 Cottage Groveer, South Bend, IN, 46616 Owner: VIP FLIP LLC i 1 15/ai3 Zoning: U1 Urban Neighborhood 1 Per__ Project Summary: Filed in Clerk's Office Duplex Construction Bianca Tirado City Clerk, South Bend, IN Requested Action Special Exception/ Use Variance— complete and attach Criteria for Decision Making Use requested: Duplex construction Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Criteria for Decision Making and Contact Information) 0 Site Plan drawn to scale Filing Fee Criteria for Decision Making Special Exception -If applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1)The proposed use will not be injurious to the public health,safety, comfort, community moral standards,convenience or general welfare, because: The construction of the duplex will facilitate the achievement of the social objectives of Sustainable Housing Development, to guarantee the community a healthy life and promote the well-being of all age groups. The construction of the duplex has an efficient living space, adequate ventilation. We will adhere to the laws, and we will ensure that our main mission prevails, building new houses to promote the best quality of life, in modern homes, with spaces designed for excellent coexistence. Housing is the space par excellence where the educational and cultural 2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: It will be quite the opposite, we will be efficient in the use of the land to be able to offer a home to 2 families. We have a land large enough to offer value to the community 3)The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein,because: The land is completely flat. This change does not require any type of demolition or alteration of the ground. It will remain residential The use of assigned land to the plot as part of the Area Plan 4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The new construction fits within the framework of the community's long-term development strategy established through the strategic execution of the city- approved and provided duplex plan. It aligns with the plan's designated residential land use for the area, promotes the desired development objectives outlined in the plan, and does not conflict. Criteria for Decision Making Variance(s)-If applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1)The approval will not be injurious to the public health, safety,morals and general welfare of the community, because: 2)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: 4)The variance granted is the minimum necessary, because: 5)The variance does not correct a hardship caused by a former or current owner of the property, because: Contact Information Property owner(s)of the petition site: Name: VIP FLIP LLC Address: 411 Cottage Groove Ave, South bend, 46616 Name: Address: Name: Address: Contact Person: Name: Anthony Gervasi Address: 13396 Golden Harvest Ln, Granger IN 46530 Phone Number: 786.260.7757 /570.599.8131 VIPFLIPPING@GMAIL.COM E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owper ) • natires:• City of South Bend BOARD OF ZONING APPEALS April 8, 2025 Common Council of South Bend 227 W. Jefferson Blvd, 4 th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Re: Bill #15-25: The petition of ECO IN Investments LLC seeking a Special Exception for a two unit dwelling in the U I Urban Neighborhood I for property located at I 335 CORBY BL VD Dear Council Members: l hereby Certify that the above referenced petition of ECO IN investments LLC was legally advertised on March 28, 2025, and that the South Bend Board of Zoning Appeals at its public hearing on April 7, 2025, took the following action: Upon a motion by Caitlin Stevens, being seconded by Kaine Kanczuzewski and unanimously carried, a petition by ECO IN Investments LLC seeking a Special Exception for a two unit dwelling for property located at I 335 CORBY BL VD, City of South Bend, is sent to the Common Council with a favorable recommendation, and will issue written Findings of Fact. The staff comments related to this petition are attached. The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office and will be posted on our website once approved. If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist Attachment CC: ECO IN Investments LLC Elissa Gunsorek Building Department Bob Palmer 15-25 Staff Report— BZA#0317-25 April 7, 2025 Property Information Location: 1335 CORBY BLVD Owner: ECO IN Investments LLC Project Summary Owner is seeking to build a two family dwelling. Requested Action Special Exception: a two unit dwelling in U1 Urban Neighborhood 1 Site Location 1 - 11Pr M. OrAl I r., 1111 v' It• illit. Zt . . ..' id ,Attij , F j 'f. 1 tr' *00,110, tc \ ._. l y t lb al Willi k _ _.- ._ h, CORBY BLVD ZikAriiiiM. --oft 2\z.,,. - ' , -I; t% " , Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 Staff Report—BZA#0317-25 April 7, 2025 Proposed Site Plan 1 , i 4 m 3 1 i I 1 11i 1 i 1 1 I Il I 1 II i Il 10 I 1 0 ilifl Ili 9 0 0) 0 0 vri c..n zfll I a i 6:1 1/11310%Rnsidenul I 4 3' Thomas Ken,Architect P i •'!/ 336 Cr".OW 118 Pinelands PI soon g.no rN OA'7 2.9,, i ' Travelers Rest SC 29890 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Staff Report— BZA#0317-25 April 7, 2025 Proposed Site Plan 1m 7 F 'a. m 1 M Oil d ; N!! Imm1rl mm D 2 M ip @o: H!1 1 Fob IP L LIU ii n r m o m O ..„. r m — UQ — cNi mZ az I i' . 1 Thomas Keri,Architect Duplex Rnaidencn z gg I'IV is fiend,I 44 118 Pinelends Pl sanneene,iN ee Travelers Rest.SC'9690 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 Staff Report—BZA#03 17-25 April 7, 2025 Criteria for Decision Making: Special Exception A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; Approval of this Special Exception should not be injurious to the public health, safety, morals, and general welfare of the community. The building shall be a newly constructed duplex. A two unit dwelling will provide more neighbors to the neighborhood, which will increase safety and the general welfare of the community. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Building this duplex should not injure or adversely affect the uses or values of adjacent properties and the area around the building. As proposed, the duplex is consistent with the scale and character of the surrounding neighborhood, will bring new neighbors to the area, and will provide housing on a lot that is currently vacant. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The use as a two unit dwelling will further complement the existing housing stock, match the scale and character of the neighborhood, and provide infill housing on a vacant lot. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006) Objective H1.1: Encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. The petition is consistent with the Northeast Neighborhood Plan (2022) Objective 3.5 Develop Housing: Support the production of a range of housing types including new construction and rehabilitation of market rate and affordable rental housing. Analysis & Recommendation Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will bring new residents to the area and provide additional housing on a lot that is currently vacant. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 City of South Bend BOARD OF ZONING APPEALS Filed in Clerk's Office March 11, 2025 18 .7 , , Honorable Dr. Oliver Davis Bianca Tirado City Clerk, South Bend, IN4thFloor, County-City Building South Bend, IN 46601 RE: Special Exception at 1335 Corby Boulevard Dear Committee Chair Dr. Davis: Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 24, 2025, Council meeting and set it for public hearing at your April 14, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the April 7, 2025, South Bend Board of Zoning Appeals meeting.The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: A Special Exception to allow for the use of a duplex. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer County-City Building 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 15-25 MAR 1 8 2 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1335 CORBY BOULEVARD COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow a two-unit dwelling NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1335 Corby Boulevard, South Bend, IN 46617. 018-5093-3306 In order to permit a two-unit dwelling. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the _ day of 2025, at o'clock p.m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - City of South Bend W. Jefferson - Suite 1400S 6601 BOARD OF ZONING APPEALS South Bend, IN zoning@southbendinendin.gov Petition for Variance - Special Exception Property Information 0 18- i093 -3O(Tax Key Number: Address: 1335 Corby Blvd, South Bend; IN 46617 Owner: ECO IN Investments LLC Zoning: U1 Urban Neighborhood 1 Project Summary: Owner is seeking approval to build a two family dwelling. The style will be consistent with the scale and character of the surrounding neighborhood. Requested Action Special Exception/ Use Variance— complete and attach Criteria for Decision Making Use requested:Two family dwelling Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office MAR 1 8 2025 Bianca Tirado City Clerk, South Bend, IN Required Documents i Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale flECEIVEflI)Filing Fee FEB 2 7 2025 BY. Criteria for Decision Making Special Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1)The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: The proposed two unit dwelling will be constructed in a manner that is consistent with the surrounding area. The new two unit dwelling will eliminate a currently vacant lot and provide more residents to the neighborhood, thus increasing safety and improving the overall general welfare. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed two unit dwelling will not injure or adversely affect the use of the adjacent area or property values because it is in keeping with the residential feel of the surrounding neighborhood, while offering gentle density on a currently vacant lot. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: The two unit dwelling will match the scale and character of the surrounding residential neighborhood. The architectural style of the two unit dwelling will be consistent with the neighborood and will complement the existing housing stock. 4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed use is consistent with the Comprehensive Plan because it follows objective H1.1: encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. Contact Information Property owner(s) of the petition site: Name: ECO IN Investments LLC, Elissa Gunsorek Address: 7821 Morse Rd New Albany, OH 43054 Name: Address' Name: Address: Contact Person: Name: Elissa Gunsorek Address: 7821 Morse Rd New Albany, OH 43054 Phone Number: 513 225 3421 E-mail: egunsorek@eco-gv.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: 1 ADJACENT PROPERTY 011,5093-293 20. 1 I) 9 as 5g s ai 7 1 I 7 r. i I 4 71 H'2 6 l : dal I 1 0 1111 0 q(] p1wolf'I G e I PORGI AREA PORCH s 0 o g e I 1E SETBACK Tr a I fi Landow. CORBY MO. 04 N w r' 1 Thomas_Keri,Architect a'=° Duplex Residence g't _ i m 3 g P a 118 Pinelands PI1I;t 1335 Corby Blvd. i South Bend,IN 48817 Travelers Rest,SC 29690 Pax n,- 88 P8M.4)808.3420 tkodosconagcom City of South Bend BOARD OF ZONING APPEALS April 8, 2025 Common Council of South Bend 227 W. Jefferson Blvd, 4 th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Re: Bill #16-25: The petition of ECO IN Investments LLC seeking a Special Exception for a two unit dwelling in the UI Urban Neighborhood 1 for property located at 1253 CORBY BLVD Dear Council Members: I hereby Certify that the above referenced petition of ECO fN Investments LLC was legally advertised on March 28, 2025, and that the South Bend Board of Zoning Appeals at its public hearing on April 7, 2025, took the following action: Upon a motion by Caitlin Stevens, being seconded by Kaine Kanczuzewski and unanimously carried, a petition by ECO IN Investments LLC seeking a Special Exception for a two unit dwelling for property located at 1253 CORBY BL VD, City of South Bend, is sent to the Common Council with a favorable recommendation, and will issue written Findings of Fact. The staff comments related to this petition are attached. The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office and will be posted on our website once approved. If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist Attachment CC: ECO IN Investments LLC Elissa Gunsorek Building Department Bob Palmer 16-25 Staff Report — BZA#0318-25 April 7, 2025 Property Information Location: 1253 CORBY BLVD Owner: ECO IN Investments LLC Project Summary Owner is seeking to build a two family dwelling. Requested Action Special Exception: a two unit dwelling in U1 Urban Neighborhood 1 Site Location 1 • , 0 I. 1 ti..a'" k Say' or if BCORBY J 7 1 t, i i 1 Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 Staff Report—BZA#0318-25 April 7, 2025 Proposed Site Plan W• S 5 u 1 n yr bill 1/4....., ,, ,.-J . i 11 A ii i::I.IC 1 ' ) I I ):. p p it Iiti iil I ., spxo yk, i igif 3 f 1 4 A aW m 4w 0 0 z I e f. g 1 Thomas Keri,ArchitectA d J t€,1 Duplexz„ ,,,Residence I i y 118 Plnelends PI eaan e ro iN+w,7 Travelers Rest,SC 29890 i1 W YA ri.. .-w SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Staff Report—BZA#0318-25 April 7, 2025 Proposed Site Plan i P iliamMImEeipsil' = 15 I --1-_CD rlt RI{ { m ii1iiiOEinzv i 4. P_ EFTV] 't1 t?Amm=e iiii I a a o CD16T.r T. c" m Z zI dupe Reuaenca 141 q2 Thomas Ken,Architect II. t speMyiN.ee+ p 118 Pinelands PI a ewn 9 p ir3 µ Travelers Resl.SC 29690 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 Staff Report—BZA#0318-25 April 7, 2025 Criteria for Decision Making: Special Exception A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; Approval of this Special Exception should not be injurious to the public health, safety, morals, and general welfare of the community. The building shall be a newly constructed duplex. A two unit dwelling will provide more neighbors to the neighborhood, which will increase safety and the general welfare of the community. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Building this duplex should not injure or adversely affect the uses or values of adjacent properties and the area around the building. As proposed, the duplex is consistent with the scale and character of the surrounding neighborhood, will bring new neighbors to the area, and will provide housing on a lot that is currently vacant. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The use as a two unit dwelling will further complement the existing housing stock, match the scale and character of the neighborhood, and provide infill housing on a vacant lot. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006) Objective H1.1: Encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. The petition is consistent with the Northeast Neighborhood Plan (2022) Objective 3.5 Develop Housing: Support the production of a range of housing types including new construction and rehabilitation of market rate and affordable rental housing. Analysis & Recommendation Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will bring new residents to the area and provide additional housing on a lot that is currently vacant. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 Filed in Clerk's Office City of South Bend1 s 225 BOARD OF ZONING APPEALS pit,,Clerk, Bianca uthTir Bend, IN March 11, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1253 Corby Boulevard Dear Committee Chair Dr. Davis: Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 24, 2025, Council meeting and set it for public hearing at your April 14, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the April 7, 2025, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: A Special Exception to allow for the use of a duplex. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer County-City Building 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Otticc BILL NO. 16-25 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1253 CORBY BOULEVARD COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow a two-unit dwelling NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1253 Corby Boulevard, South Bend, IN 46617. 018-5092-3283 In order to permit a two-unit dwelling. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health,safety, comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at o'clock p.m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - City of South Bend 7 W. Jefferson - Suite 1400S South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 018-5092-3283 Address: 1253 Corby Blvd. South Bend, IN 46617 Owner: EGO IN Investments LLC Zoning: U1 Urban Neighborhood 1 Project Summary: Owner is seeking approval to build a two family dwelling. The style will be consistent with the scale and character of the surrounding neighborhood. Requested Action Special Exception/ Use Variance— complete and attach Criteria for Decision Making Use requested:Two family dwelling Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale C'VE1±d Filing Fee FEB 2 7 2025 BY: Criteria for Decision Making Special Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: The proposed two unit dwelling will be constructed in a manner that is consistent with the surrounding area. The new two unit dwelling will eliminate a currently vacant lot and provide more residents to the neighborhood, thus increasing safety and improving the overall general welfare. 2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed two unit dwelling will not injure or adversely affect the use of the adjacent area or property values because it is in keeping with the residential feel of the surrounding neighborhood, while offering gentle density on a currently vacant lot. 3)The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: The two unit dwelling will match the scale and character of the surrounding residential neighborhood. The architectural style of the two unit dwelling will be consistent with the neighborood and will complement the existing housing stock. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed use is consistent with the Comprehensive Plan because it follows objective H1.1: encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. Contact Information Property owner(s) of the petition site: Name: ECO IN Investments LLC, Elissa Gunsorek Address: 7821 Morse Rd New Albany, OH 43054 Name: Address: Name: Address: Contact Person: Name: Elissa Gunsorek Address: 7821 Morse Rd New Albany, OH 43054 Phone Number: 513 225 3421 E-mail: egunsorek@eco-gv.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: ADJACENT PROPERTY 016S011242B1 j yr Itg oemor il-- -- - NY I I iii "AJ2icW y I " I l s I Z I XXX i i I i I 1 I I I I I I P> m: I I I Ip.. rink I i a i 1 ° 2 a --J° I 1 cl jo 0 13 oa oo I I I I I 1 I I I I IIII I I i.11 qi PORCH AREA PORCH AREA 3 O a 8 l tgSETUP, 11E rrM a!§ I I SWEWALN Landenrye CORBY BLVD. CORBY BLVD. J Y i a I i N H = Thomas Keri,Architect D 2 4'-'*,:;.9' Duplex Residence d O p w 1253 Corby Blvd. i 118 Pinelands PI South Bend,IN 46817 A Travelers Rest,SC 29690 Z n IB94)800.3420 W.udesOH5ORRlrnxn SC City of South Bend BOARD OF ZONING APPEALS April 8, 2025 Common Council of South Bend 227 W. Jefferson Blvd, 4•h Floor South Bend, TN 4660 I County-City Building 227 W. Jefferson Blvd. 14005 South Bend, IN 46601 (574)235-7627 Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Re: Bill #18-25: The petition of EAST SI DE BASEBALL SOFTBALL ASSOC seeking a Special Exception for Park and Open Space Uses in SI Suburban Neighborhood I and a Use Variance to allow Entertainment and Recreation, Indoor Use in SI Suburban Neighborhood I for property located at 1701 HICKORY RD Dear Council Members: I hereby Certify that the above referenced petition of EAST SillE BASEBALL SOFTBALL ASSOC was legally advertised on March 28, 2025, and that the South Bend Board of Zoning Appeals at its public hearing on April 7, 2025, took the following action: Upon a motion by Kaine Kanczuzewski, being seconded by Caitlin Stevens and unanimously carried, a petition by EAST SIDE BASEBALL SOFTBALL ASSOC seeking a Special Exception for Park and Open Space Uses in SI Suburban Neighborhood I for property located at 1701 HICKORY RD, City of South Bend, is sent to the Common Council with a favorable recommendation, and will issue written Findings of Fact. Upon a motion by Caitlin Stevens, being seconded by Francisco Fotia and unanimously carried, a petition by EAST SIDE BASEBALL SOFTBALL ASSOC seeking a Use Variance to allow Entertainment and Recreation, Indoor Use in SI Suburban eighborbood I for property located at 170 I HICKORY RD, City of South Bend, is sent to the Common Council with a favorable recommendation, and will issue written Findings of Fact. The staff comments related to this petition are attached. The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office and will be posted on our website once approved. If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist Attachment CC: EAST SIDE BASEBALL SOFTBALL ASSOC Angela Smith Building Department Bob Palmer 18-25 Staff Report— BZA#0323-25 April 7, 2025 Property Information Location: 1701 HICKORY RD and 1709 HICKORY RD Owner: EAST SIDE BASEBALL SOFTBALL ASSOC Project Summary ESBSA to develop a baseball and softball complex with multiple fields and an indoor training facility. The new development will allow for hosting of regional tournaments and offer improved opportunities to the area youth. Requested Action Special Exception: to allow Park and Open Space Uses in S1 Suburban Neighborhood 1 Variance(s): 1) Use Variance to allow Entertainment and Recreation, Indoor Use in S1 Suburban Neighborhood 1 2) from the minimum side setback in S1 Suburban Neighborhood 1 of 20' to 0' 3) from the maximum building height in S1 Suburban Neighborhood 1 of 35' to 56' 4) from the minimum parking setback abutting OS Open Space of 20' to 0' 5) from the minimum side yard setback in OS Open Space of 10' to 0' 6) from a required Building Type or Frontage Type Site Location a - I! 1rRq Y gni ' VIVI sic HE I ! MI t— ! • is p he.ci,NitilkiLil •:, - : _ ! - , ill 11110 Mir 11111 ma Ammo r R 1 1masMisrsir iceair -- MIME NMIt ; lam ais111. i !0 r .,'- M A ' 1, I Irr 1 Tf:.' 1 j';i j gP p O' ` ' r p61 Z" k ;S)A .r ;ail 1 ' r l'ic K,I. €s n1 4y'L. , I 1, .1f"N"' ltliIi.;III ' F t. I Fa t °2 - Uti-alifily- pip i , iii Staff Recommendation Based on the information available prior to the public hearing, Staff recommends the Board approve the variances as presented and send the Use Variance and Special Exception to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 6 Staff Report—BZA#0323-25 April 7,2025 Proposed Site Plan i e, -Alit"' t• T - a 'R1 RRR a* s -. 1 a: 1 e r Li ,. i 1 ,. ii 1 . . 1_],,, ri I 1 a mat OA RBI`sie L ' ill, J 1 Imo,„„ IfE Y' r_ R'i Y li iice' 1 t I 11_ hl I 4 ' H a a 41110 ail G........:,. f lt! ..1 i4 p" I- f• -:• l . (4 I Sidd i i f ' t s E R'ee , y $ R' E 6i4it ) rat, d ya1 4# /1111 4l !III E41 C53 a 73rinuctFr i [ Y. _ 7,1 s 5 ' " '` I 111 l! ii › I. 1 gi, m 1 „ ri „,„.,f „.„ „ i> z SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 6 Staff Report — RZA#0323-25 April 7,2025 Proposed Site Plan 1 IA 4 4 i k 1 1 , i 0„ m. ......., Aar 1 s I ii i 1 t d d! 2 A ,, . j 0 il h i -4 2 • I 0 I _,..•_..1 r. r I>,-'-'.•---'---.Tc-,A..*1..44-“1.4... , 1° I' OWN. c.7iir. 1 1,latHI r i 1,. i,'11; 1,•'', r r rr7). 4::i......._ .. _4 I- 1 I I 3 '4" Z n R , 1 I I 1 1 it 1 i ..a 6 0 i A e' 1 ''''...' :m•• II i t SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 6 Staff Report—BZA#0323-25 April 7,2025 Proposed Site Plan I f 1 1 I. I I 1 I 1 c) rn 7O ' n rn rn - II 1 I I I I I ' I . I 4 I MI 1 1 I tcasa 1 :b. rr lb 4' r 11 r r 9 q N 11 y R T q i't 1 I i i as4 8 psiii : i-•ir SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 6 Staff Report—BZA#0323-25 April 7, 2025 Criteria for Decision Making: Special Exception A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The proposed use as a Park and Open Space in an S1 zoned parcel should not be injurious to the general welfare of the community. The use is contextually appropriate, being bounded on 3 sides by City parks, and will foster a public-private partnership designed to serve the community, offering valuable amenities to the public. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use as Park and Open Space allows for the development of park facilities that will complement the use and value of adjacent areas. The property is located in close proximity to indoor recreational spaces and directly abuts City owned public parks. The development will offer amenities to surrounding residential properties and to the general public. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The proposed use will be consistent in design and use to the surrounding area. Existing baseball fields will be improved and expanded on the property and in the surrounding City owned parks. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with City Plan (2006) Objective PF 5.1: Provide and maintain a range of parks and recreational facilities through the City; Policy PF 5.1.2 Provide a balance of active and passive recreation opportunities in the City park system; and Policy PF 5.1.3 Partner with schools, colleges, private organizations, and neighboring jurisdictions to provide adequate recreation facilities for the general public. Criteria for Decision Making: Variance(s) State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community The approval of the variances should not be injurious to the general welfare of the community. The proposed recreation facility is contextually appropriate in use and design but does not correspond well to the building types or maximum height outlined in the zoning ordinance for an S1 zoned parcel. The setback variances address parking and structures SOUTH BEND BOARD OF ZONING APPEALS Page 5 of 6 Staff Report—BZA#0323-25 April 7, 2025 along a common lot line between the two properties in the petition. All external setbacks, buffers, and other zoning requirements will be met. 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 proposed recreation facility is contextually appropriate in use and design and should not adversely impact the use and value of adjacent properties. The setback variances address parking and structures along a common lot line between the two properties in the petition. All external setbacks, buffers, and other zoning requirements will be met. 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property The design of the indoor recreation building is contextually appropriate and the added height allows the site to function as an indoor baseball facility. The parking lot and buildings requiring a setback variance straddle the property line between two adjacent parcels being used by a single entity for a coordinated function. Requiring minimum setbacks to be met along the shared property line would limit the overall function of the properties. 4) The variance granted is the minimum necessary The variance granted is the minimum necessary. The proposed recreation facility is contextually appropriate in use and design and the height variance allows for the utility of the site in its capacity as an indoor baseball facility. The setback variances address parking and structures along a common lot line between the two properties in the petition. 5) The variance does not correct a hardship cause by a former or current owner of the property The zoning ordinance does not speak well to a project of this nature, which is contextually appropriate in use and design. Analysis & Recommendation Analysis: The proposed recreation facility is contextually appropriate in use and design. The setback variances address parking and structures along a common lot line between two adjacent parcels being used by a single entity for a coordinated function. The proposed special exception for use as Park and Open Space allows for the development of contextually appropriate park facilities, offering valuable amenities to surrounding residential properties and to the general public. Staff Recommendation: Based on the information available prior to the public hearing, Staff recommends the Board approve the variances as presented and send the Use Variance and Special Exception to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 6 of 6 City of South Bend Filed in Clerk's Office BOARD OF ZONING APPEALS Bianca Tirado March 17, 2025 City Clerk, South Bend, IN Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1701 Hickory Road Use Variance at 1701 Hickory Road Dear Committee Chair Dr. Davis: Enclosed is an Ordinance for the proposed Special Exception and Use Variance at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 24, 2025, Council meeting and set it for public hearing at your April 14, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the April 7, 2025, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: A Special Exception to allow Park and Open Space use in S1 Suburban Neighborhood 1 A Use Variance to allow Entertainment and Recreation, Indoor use in Suburban Neighborhood 1 The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, nicch,L Kari Myers Zoning Specialist CC: Bob Palmer County-City Building I 227 W.Jefferson South Bend, IN 46601 I 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 18-25 P"^Z 1 8 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1701 HICKORY ROAD COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Special Exception to allow Park and Open Space Uses in S1 Suburban Neighborhood 1 Use Variance to allow Entertainment and Recreation, Indoor Use in S1 Suburban Neighborhood 1 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception and Use Variance be granted for property located at: 1701 Hickory Road, South Bend, IN 46635. 024-1001-0439 In order to permit Park and Open Space Use, and to allow Entertainment and Recreation, Indoor Use in S1 Suburban Neighborhood 1 SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. As to the Special Exception, the Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety,comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. As to the Use Variance, The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the lot included in the variance will not be affected in a substantially adverse manner; 3. The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the lot for which the variance is sought; and 4. The approval does not interfere substantially with the Comprehensive Plan. SECTION V. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION VI. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the _ day of 2025, at _ o'clock p.m. Bianca L. Tirado, City Clerk Office of the City Clerk 2 - Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 3 - City of South Bend 227 W. Jefferson - Suite 14005 South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 024-1001-0439 and 024-1001-043601 Address: 1701 & 1709 Hickory Road Owner: East Side Baseball Softball Association and Department of Public Parks Zoning: S1 Suburban Neighborhood 1 Project Summary: East Side Baseball Softball Association is partnering with Venue Parks &Arts to develop a baseball & softball complex with multiple fields and an indoor training facility. The new development will allow for the hosting of regional tournaments and offer improved opportunities to the area youth. Requested Action Special Exception Requested: Park & Open Space Use variance requested: Entertainment& Recreation, Indoor Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 1) From the required Building Type or Frontage Type 2) From the 20' Minimum side setback to 0' (S1 Parcel) 3) From the 35' maximum building height in S1 to 56' 4) From the 20' Minimum parking setback abutting OS District to 0' 5) From the 10' Minimum parking setback to 0' (OS Parcel) Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale Filing Fee Criteria for Decision Making Special Exception-ff applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1)The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: The proposed uses will not be injurious to the public health, safety, or general welfare of the community. The proposed development will be a public-private partnership designed to serve the community and offer valuable amendities to the general public. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed uses will allow for the development of a park facilities that will compliment the use and value of adjacent areas. The park is located in close proximity to indoor recreation spaces. In addition to the nearby recreational facilities, the proposed development is in close proximity to multifamily and commercial development. The active park space will create a new amenity for the the multifamily to the east and single family to the west. 3)The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: The existing baseball and softball facilities are located on a mix of properties zoned OS Open Space and S1 Suburban Neighborhood 1. The proposed development is primarily located on the portion of the property zoned OS Open Space, which allows for the use. The portion of the development zoned S1 Suburban Development 1 is surrounding by similar and supporting developments consistent with the proposed use. 4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed use is consistent with City Plan (2006) Object PF5.1: Provide and maintain a range of parks and recreational facilities through the City; Policy PF5.1.2 Provide a balance of active and passive recreation opportunities in the City park system; and Policy PF5.1.3 Partner with schools, colleges, private organizations, and neighboring jurisdictions to provide adequate recreation facilities for the general public. Criteria for Decision Making Variance(s) - if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: The proposed variances will not be injurious to the public health, safety, and general welfare of the community. The variances requested are along a common lot line, interior to the project. 2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: The use and value of adjacent properties should not be impacted by the variances requested because they are interior to the development. 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: The strict application of the Ordinance would require setbacks on the interior of the project, which would result in the development being constructed in a manner that is not cohesive. The Ordinance recognizes the development of multiple parcels as a singular zoning lot, but only if under common ownership. The Ordinance does not recognize a common development under a public-private partnership. 4) The variance granted is the minimum necessary, because: The variances proposed relate only to the interior lot lines. The development meets the requirements of the Zoning Ordinance on all exterior lot lines, providing the appropriate buffering and setbacks impacting surrounding properties. 5) The variance does not correct a hardship caused by a former or current owner of the property, because: The variance requested does not correct a hardship caused by the current or former owner. The Ordinance does not anticipate a public-private partnership such as the one proposed. Contact Information Property owner(s) of the petition site: Name: East Side Baseball Softball Association Address: PO Box6112 South Bend, IN 46660 Name: Department of Public Parks Address: 301 S St. Louis Blvd South Bend, IN 46617 Name: City of South Bend Public Parks Address: 321 E Walter St South Bend, IN 46614 Contact Person: Name: Danch, Harner&Associates-Attn: Angela Smith Address: 1643 Commerce Drive South Bend, IN 46628 Phone Number: 574-234-4003 E-mail: asmith@danchharner.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner(s) Signatures: 1 iYJ,(.J- JJ E •D F III .a- '—? ea..-.,E. o,eta„ K I L ARCHITECTURE PLANNING nt-W%; 11.,uNCO 'AAY E,1 SOUTHBENC,IN CEED1 6112eV anvrcn l NE NlgM1 4 4 f JT• j1N-tiITF PARKIN!;: EXL4TN HREINE P 1 1 ' I. SC LOT aPPX 645P: 2- ESLL FIELD I nits) APPX Ist sp. C 3.4 µ8 LIIM LOT.APP`P1 P. 1 TOTAL EXOT APPX 009 SPev- r li 1 _ a..... i r 1 PROPOSED COUNT: xxP 1 I. TARKIN(iTON LDT.iF<SP. A .I', a_._.,-•. I TOTAL PROP 194 SP. V 1 S 1 - TOTAL_ONSIIE APP%5995P.,• i P709141 6 ZONING DATA 4 ': 4°' r: 1709 HICKORY ROAD: 1 e.. y---\ / PAZCE.S:020.1001-04]6L1 i i i! Y MIN.SFTDACKSENt4Garent to SI.S2, 8 Tji>3 I ul IR) t 1 i`-+ I \ I I ,i j r" SREAR:'i MASTER I_ l.1.1 I i101 HICKORY ROAD.PLAN 1 p' % PARC II..e 020.10Ut-CASv WY J ZONING SI SUGRLIDAN R NFIGHBOHHOOU C MIN.SFTRACKS 04,In0Jwenua, BOCTH TAR KINGT NPARK a. FRONT 2v^ SoWn Bann.N 4'695 SIDE 20 ISBOEHMPARKa.,\ i r` r 0. ROAR ' Sou°Rene.N4661T y I ! S-1 ' i I ! 0061 EpSON ROAD 4r I 1 t_, I , PARCELY 02a1004-0'i2 it t .v. .-a.=s ONING.CS OCEN SPACL KAP,Z4009 f 1 y aFTR CKSFROST mM to St SO,.1.UcI b. 1 WEARIDF.10141 t `, I al s' a ROOD 2.ARCHITECTURAL jet..._ i SITE PLAN- i ,'ON II KO P.N-"10RKoeGmN PARK TARKINGTON sti I I fjlI,,,i t..— 1 PARK r" I 1 f 1 1 . •--•--•l^-€`-- -, .. _ - i 1 I mnHlirf.P'. I I CCKKC KC« 1 T,TaN.GTON 90 MASTER PLAN Ai 00 B County-City Building 227 W Jefferson Blvd Suite, 1200 N South Bend, IN 46601 Jam es Mueller, Mayor March 19th, 2025 Canneth Lee, President City of South Bend Depa rtm en t ofAdm in istra tion & Fina nee Division of Human Resources City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 4660 I RE: Creation of Fund 457 Ordinance Dear President Lee, Phone 311 inside City limits Em ail 311@southbendin.gov Website Southbendin.gov Filed in Clerk's Office I, l� 1 9 2:._5 Bianca Tirado City Clerk, South Bend, IN During the past several years, it has been the practice of the Controller's Office to have the Common-Council approve the creation of a new fund as required by our internal policies. Fund 457 is being created for the purpose of receiving and disbursing the bond proceeds of the 2024 South Bend Redevelopment Authority Lease Rental Revenue Bonds, Series B that were issued to fund the Madison Lifestyle District project. I will present this bill to the Common Council at the appropriate committee and Council meetings. It is requested that this bill be filed for I st reading on March 24th, 2025, with 2nd reading, public hearing and 3rd reading scheduled for April 14th, 2025. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards, Kyle Willis City Controller 20-25 Filed in Clerk's Office BILL NO. 20-25 MAR 1 9 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL CREATING THE 2024 RDA TAXABLE LEASE RENTAL REVENUE BOND CAPITAL FUND (#457) STATEMENT OF PURPOSE AND INTENT On February 6, 2023,the South Bend Common Council approved Resolution No. 4998-23 the "Bond Resolution"), which approved the issuance of the South Bend Redevelopment Authority Taxable Lease Rental Revenue Bonds 2024, Series B (the "Bond") and approved the execution of a lease between the South Bend Redevelopment Authority and the South Bend Redevelopment Commission in connection with the Bonds. On July 18,2024,the Redevelopment Authority issued the Series B Bonds to finance the cost of the Madison Lifestyle District project as defined in the Bond Resolution). It is in the best interests of the City to establish a new fund to account for the receipt and disbursement of the proceeds of the Series B Bonds. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The 2024 RDA Taxable Lease Rental Revenue Bond Capital Fund (#457) is hereby established as a non-reverting fund for the purpose of accounting for the proceeds of the Series B Bonds and any interest earnings thereon. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at o'clock p.m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana County-City Building 227 W Jefferson Blvd Suite, 1200 N South Bend, IN 46601 Jam es Mueller, Mayor March 191\ 2025 Canneth Lee, President City of South Bend Department of Administration & Finance Division of Human Resources City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 4660 I RE: Creation of Fund 458 Ordinance Dear President Lee, Phone 311 inside City limits Em ail 311@southbendin.gov Website Southbendin.gov Filed in Clerk's Office MAR 1 9 202 i Bianca Tirado City Clerk, South Be11d, IN During the past several years, it has been the practice of the Controller's Office to have the Common-Council approve the creation of a new fund as required by our internal policies. Fund 458 is being created for the purpose of receiving and disbursing the bond proceeds of the 2024 South Bend Redevelopment Authority Lease Rental Revenue Bonds, Series B that were issued to fund the renovation and construction projects at Four Winds Field. I will present this bill to the Common Council at the appropriate committee and Council meetings. It is requested that this bill be filed for I st reading on March 24th, 2025, with 2nd reading, public hearing and 3rd reading scheduled for April 14th, 2025. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards, Xf tJ� Kyle Willis City Controller 21-25 Filed in Clerk's Office BILL NO. 21-25 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL CREATING THE 2024 RDA LEASE RENTAL REVENUE BOND CAPITAL FUND (#458) STATEMENT OF PURPOSE AND INTENT On April 8,2024,the South Bend Common Council approved Resolution No. 5073-24(the Bond Resolution"), which approved the issuance of the South Bend Redevelopment Authority Lease Rental Revenue Bonds of 2024(the"Bond")and approved the execution of a lease between the South Bend Redevelopment Authority and the South Bend Redevelopment Commission in connection with the Bonds. On July 12, 2024, the Redevelopment Authority issued the Bonds to finance the cost of renovations and improvements to Four Winds Field at Coveleski Stadium (as defined in the Bond Resolution). It is in the best interests of the City to establish a new fund to account for the receipt and disbursement of the proceeds of the Bonds. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The 2024 RDA Lease Rental Revenue Bond Capital Fund (#458) is hereby established as a non-reverting fund for the purpose of accounting for the proceeds of the Bonds and any interest earnings thereon. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at o'clock p.m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Danch, Harner & Associates, Inc. Michael J. Danch, L.A. Ron Harner, P.S. South Bend Common Council 4tl, Floor County City Building227 W. Jefferson South Bend, IN 46601 Dear Honorable Cow1eil, Land Surveyors • Professional Engineers Landscape Architects • Land Planners Filed in Clerk's Office MAR 2 5 '2 Bianca Tirado City Clerk, South Bend, IN March 1 9, 2025 Please accept this Ordinance to vacate a portion of the street right-of-way as shown in the attached diagram. This portion of the street is excess right-of-way following the realignment and reconstruction of Main Street and Marion Streets when the roundabout was added. The vacation if for the portion starting 1' behind the sidewalk, is as standard for most street right-of-way layouts in the City of South Bend. There are no utilities currently located within this portion of tl1e vacation area. We are working with all the utility companies to release any outstanding easements on other portions of the block in preparation for a Subdivision to consolidate the block into one developable parcel. Great Lakes Capital and their development partners a.re excited about the future development in tl1e area. Formally vacating this right-of-way will allow for a more comprehensive design of the buildings and services being offered in this block. We respectfully request approval to vacate the right-of-way as shown in the attached request. Thank you for your consideration. If you have any questions or concerns, please feel free to reach out to me at (574) 234-4003. Sincerely, �fr(fk;< Angela M. Smith Senior Phmner 1643 Commerce Drive • South Bend, IN 46628 Office: (574)234-4003 / (800)594-4003 • Fax: (574)234-4119 208 West Mars• Berrien Springs, Ml 49103 Office: (616)471-3010 • Fax: (616)471-7237 22-25 Filed in Clerk's Office Bianca Tirado BILL NO.City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PORTION OF THE RIGHT-OF-WAY ALONG THE SOUTH SIDE OF MARION AND EAST SIDE OF MAIN FROM THE ROUNDABOUT AT MICHIGAN AND MARION SOUTHWESTERLY TO MADISON STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation between the current property lines and the existing right- of-way in order to allow for a more cohesive development on the property. Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinances vacates the above-described public property. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The portion of the right-of-way along the South side of Marion and East side of Main from the roundabout at Michigan and Marion southwesterly to Madison, more particularly described as set forth in Exhibit A. Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following properties may be injuriously or beneficially affected by such vacating: 425 N Dr. Martin Luther King Jr Drive—Parcel ID # 018-1003-0095 416 N Main Street—Parcel ID# 018-1003-0089 SECTION IV. The purpose of the vacation of the real property is to allow for a more cohesive development on the property as a result of vacating the area between the current property lines and the existing right-of-way. 1 SECTION V. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of 2025. Canneth Lee, President, South Bend Common Council ATTEST: Bianca Tirado, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2025, at o'clock .m. Bianca Tirado, City Clerk Approved and signed by me on the day of 2025, at o'clock .m. James Mueller, Mayor, City of South Bend, Indiana 2 EXHIBIT A LEGAL DESCRIPTION FOR VACATION AREA: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1,TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP,CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT#164, OF THE RECORDED PLAT OF "THE TOWN, NOW CITY OF SOUTH BEND", AS SHOWN IN PLAT BOOK 1, PAGE #1; THENCE NORTH 00°28'51" WEST ALONG THE ORIGINAL EASTERLY RIGHT-OF-WAY LINE OF MAIN STREET, A DISTANCE OF 20.63 FEET; THENCE ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF THE MAIN-MARION STREET CONNECTOR FOR THE NEXT SIX (6) COURSES: ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 278.31 FEET, AN ARC LENGTH OF 189.94 FEET, WITH A CHORD BEARING OF NORTH 18°25'45" EAST, AND A CHORD LENGTH OF 186.28 FEET, AND THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 211.78 FEET, AN ARC LENGTH OF 86.06 FEET,WITH A CHORD BEARING OF NORTH 52°27'43"EAST,ACHORD LENGTH OF85.47 FEET; AND THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 200.00 FEET,AN ARC LENGTH OF 73.99 FEET, WITH A CHORD BEARING OF NORTH 74°42'09" EAST, AND A CHORD LENGTH OF 73.57 FEET; AND THENCE NORTH 85°18'04" EAST, A DISTANCE OF 40.85 FEET; AND THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 100.00 FEET,AN ARC LENGTH OF 58.46 FEET, WITH A CHORD BEARING OF SOUTH 77°57'07" EAST, AND A CHORD LENGTH OF 57.63 FEET;AND THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 104.80 FEET, AN ARC LENGTH OF 78.12 FEET, WITH A CHORD BEARING OF SOUTH 39°50'S5" EAST,AND A CHORD LENGTH OF 76.33 FEET,TO A POINT ON THE ORIGINAL WESTERLY RIGHT-OF-WAY LINE OF DR. MARTIN LUTHER KING JR. BOULEVARD (FORMERLY KNOWN AS MICHIGAN STREET); THENCE SOUTH 00°34'56" EAST ALONG SAID WESTERLY-RIGHT-OF-WAY, A DISTANCE OF 19.89 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF LOT# 158 IN SAID PLAT; THENCE NORTH 40°47'35" WEST, A DISTANCE OF 43.37 FEET TO A POINT ON THE NORTH LINE OF SAID LOT# 158; THENCE NORTH 57°55'12" WEST, A DISTANCE OF 55.85 FEET;THENCE SOUTH 89°35'33"WEST PARALLEL WITH SAID NORTH LINE OF LOT# 158, A DISTANCE OF 50.00 FEET; THENCE SOUTH 53°01'11" WEST, A DISTANCE OF 50.35 FEET TO THE NORTHWEST CORNER OF SAID LOT# 158; THENCE SOUTH 59°35'02" WEST,A DISTANCE OF 16.15 FEET TO A POINT ON THE EAST LINE OF LOT # 167 IN SAID PLAT OF "THE TOWN, NOW CITY OF SOUTH BEND"; THENCE SOUTH 49°29'24" WEST, A DISTANCE OF 90.04 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT# 167; THENCE SOUTH 38°14'39" WEST, A DISTANCE OF 84.63 FEET, TO A POINT ON THE SOUTH LINE OF LOT#166 IN SAID PLAT; THENCE SOUTH 31°25'21" WEST, A DISTANCE OF 16.48 FEET TO A POINT ON THE NORTH LINE OF LOT# 165 IN SAID PLAT; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 328.10 FEET, AND AN ARC LENGTH OF 71.29 FEET, WITH A CHORD BEARING OF SOUTH 21°19'32" WEST, AND A CHORD LENGTH OF 71.15 FEET, TO A POINT ON THE NORTH LINE OF SAID LOT # 164; THENCE SOUTH 89°35'01" WEST, ALONG SAID NORTH LINE OF SAID LOT# 164,A DISTANCE OF 8.52 FEET, TO THE POINT OF BEGINNING. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. CONTAINING 0.46 ACRES, MORE OR LESS. I 3 I 6 COUNTY-CITY BUILDING U _ ti d PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W \. D FAX 574/235-9171 SOUTH BEND,INDIANA 46601-1830 PEACE J x 1865 CITY OF SOUTH BEND JAMES MUELLER,MAYOR BOARD OF PUBLIC WORKS March 11,2025 Filed in Clerk's Office Ms.Angela Smith9 t 5 Danch,Harper&Associates 1643 Commerce Drive Bianca Tirado South Bend,IN 46628 City Clerk, South Bend, IN asmith@danchharner.com RE: ROW Vacation—416 N.Main St&425 N.Dr.Martin Luther King Jr.Dr. (Preliminary Review) Dear Ms.Smith: At its March 11, 2025 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this Right-of-way.If you still wish to pursue this street vacation,please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4th floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council,approval of an ordinance,and certification of the ordinance from the Mayor. The property then must be recorded with the Recorder's Office to ensure that your 50%ownership of the property is appropriately transferred to your name.If you have any questions about how the Right-of-way vacation will affect your property taxes,please contact the Auditor's Office. Sincerely, s/Theresa Heffner Theresa Heffner,Clerk Enclosures TH/hh ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT MURRAY L.MILLER BREANA N.MICOU v.2024-07-30 isouTR 134 STREET/ALLEY VACATION BPW APPLICATION 11` City of South Bend —Board of Public Works PEASE S 227 W. Jefferson Boulevard, Ste. 1316 1865 South Bend, IN 46601 Date: 02/11/2025 Phone#: 574-234-4003 Name: Danch, Harner & Associates E-mail: asmith@danchharner.com Property Address: 416 N. Main and 425 N. Dr. Martin Luther King Jr. Dr. Applicant property information: Residential n Commercial Industrial Describe the general street/alley location with boundaries (Ex: 1st East/West Alley,west of St. Peter St and north of Howard St): The Portion of the right-of-way along the South side of Marion and East side of Main from the round-about at Michigan and Marion southwesterly to Madison. More particularly described in the attached legal description. Describe the reason for the request,proposed use, and any changes made to the request following from preliminary review: When the State re-routed Main Street, the process to clean-up the right-of-way was not completed. The property owner is seeking to vacate the area between the current property lines and the existing right-of-way in order to allow for a more cohesive development on the property. The following MUST be attached to this application: 300 payment(check or money order) Preliminary review form with staff comments Office Use Only Fee Paid Date: 02/11/2025 Check/Money Order#: #48401 BPW Recommendation: MCavorable CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS taiAltik Elizabeth A.Maradik,President Joseph R.Molnar,Vice President Gary A.Gilot,Member Breana Micou,Member fjL.ivy Y—e<iO. Murray L.Miller,Member Attest: Theresa M.Heffner,Clerk Date: March 11,2025 This application expires 90 days from the BPW meeting date,which is June 9,2025. W\.! a 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: February 11, 2025 TO: Kyle Ludlow, Public Works Kara Boyles. Engineering Chris Dressel, Community Investment Derek Erquhart, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS — ROW VACATION APPLICANT: Danch, Harner&Associates LOCATION: 416 N. Main and 425 N. Dr. Martin Luther King Jr. Dr. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS/ENGINEERING: Favorable recommendation, subject to relocation of utilities and release of easements. COMMUNITY INVESTMENT: Favorable Recommendation. FIRE: Favorable Recommendation POLICE: Favorable recommendation v.2024-07-30 4 ' 1; 8FM STREET/ALLEY VACATION PRELIMINARY REVIEW City of South Bend - Board of Public Works PE CE`, 4 227 W. Jefferson Boulevard, Ste. 1316 1865 South Bend, IN 46601 Date: January 22, 2025 Phone#: 574-234-4003 Danch, Harner & Associates asmith@danchharner.com Name:Email: Property 416 N. Main and 425 N. Dr. Martin Luther King Jr. Dr. Address: Applicant property information: Residential It Commercial Industrial Describe the general street/alley location with boundaries(Ex:1st East/West Alley,west of St.Peter St and north of Howard St): The portion of the right-of-way along the South side of Marion and East side of Main from the round-about at Michigan and Marion southwesterly to Madison. More particularly described in the attached legal description. Is your property adjacent to the street/alley of interest? p Yes No Do any property owners currently access the street/alley? Yes No Is there a future property development plan associated with this request? Yes 0 No Describe the reason for this vacation request and proposed use: When the State re-routed Main Street, the process to clean-up the right-of-way was not completed. The property owner is seeking to vacate the area between the current property lines and the existing right-of-way in order to allow for a more cohesive development on the property. This is a request for preliminary review of alley or street vacation with regard to Board of Public Works basic criteria.Staff will review the information provided and give feedback to the applicant. OFFICE USE ONLY: Do less than 50%of properties on the full block have direct street access? Ej Yes No Is this the only midblock connection? Yes No Is the block length greater than 600'? Yes i No Will the vacation result in:dead end alley,interference with bike route,violations of Yes i No minimum traffic safety standards? Are there public or private utilities in the alley? Yes 0 No Preliminary Staff Comments: Favorable response for this vacation request. 1. VACATION DIAGRAM PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. LEGAL CESCRIPTION FOR VACATION AREA aERD tt— SAFE --SIB•— N' . 3/4 DP.OTt OF SOUTH B 1. aE(IEELAI d RAF LEE-OExON-.TOWNSHIP G E; R. N RED. Sr. wcowry.PARTICULARLY SESC.ED AS rNECWS RAW LNE R/W RM R/W LRE CORNER Of HAS/ SS THE PLAT w PLAT 01.PP.OF n- ar}e'31• W THE OF-WA ME Of WN SMELT. A CF 20.83 T:^ MARION STREET (82.5' R/W) E OR THE LH RIGHT.-Of G A CURVEIA.-MARIONT SWEET gALONGTHEFORTHEHER (e)[N.W.S A CURVE TO RENT — CWITH A WOW Of 278.31 FEEL AN ARC Ei A 169.94 FEET.MN A 0RO NORM .25•AS•E.AND LENGTH Lw10a0 UDWITI OF RADIUS 186.2. TBFEELANDAWND LENGTH OF CURVE TO THE RIHT A OF 31. N em A.) FEET.AN NORTH w 1T1EA3.RW THENCE A moue OF 1G0 FFui AN ARC LEIM. HORD LEN.Of 83,FEET;AND E Off]3 9 FE E R/W UNE IRE QA1 F/9clNG OF NORTH EAST. AND A CHORD LO.H Or ATs' - 'S X\\ \ \ I X (-o.37(HR) 73.52AFEET:AND M E eR•Ieb•EAST.A DISTANCE Of.85 FEET;y f AND THENCE ALO.A CURVE m THE RANT w.A RADIUS Of 103.00 RET 9 I OY ;sAis\\\, ,'j \\\\,, cn S Am Lnw•Ix a a.e FEET,Mx A CHORD REARM a mum rrsrw•cAsr.I I Fw \\ F.• Illr \\\ I v RENT w AIENOAnRS of SOUTH 3E F35'EA ARc tENem RD LE EEET WTI A I a. t.` O' Q Am E. m• F_ G EG E. 0110 ND AroPDwraON11EHIOREwAI .RNM -w NW.Dfa o F-— N `af waE m y R: It w++STRUM Nsr EAST... ASTarm TarHciwRm HALF of I Rd TRACT a y• i 4' f R g ate'' a®..THENCE mum 0014.5rm qq LOT Ise N s o PUT;TTmCE worm aarss•VEST.A DmANCE v ASaT l?4\\ 4, `, 3_ ro g ON ss.es FEET. LOT I sR:THENCE N I - '4 `\2. 5\•,' M1 O — , p was m...a.. ( 0FEETTOAWsANORTHUNEOFSOD mom PAIN._W.SAID Nom LNE of LOT/tu,A DISTANCE o<MOO FEET; p" y` e~ F! F'¢ O a T. m WFr THENCE RE S SSOt't t'WEST A IN ERE M m]5 FEET m THE NORTH/JEST W E4'^a'N` m RE B AS AN cMNER or sun or It 1st RIEKE soum s®35'dC WEST A E OF f uPn[m' NUR' ^ I F'"O°I FEET TO A ON ME EAST L.OF LOT/187 N T M m wont 3 N yryTMESTDWN.Now Cm Or souP ENo:THENCE soum aa2R•2A'NE A I \:: ,\ TRACT 3 dE I TRACT 1 E 6I aes DISTANCE OF 90b FEET.TO A POINT ON TIE mum LINE OF S.LOT I te>: I••a THENCE SOUTH]Et A'a'Nt1T, A DISTANCE OF N.el FEET. m A PC.ON E. i 44'. '!• ;'8 Ey a ME SO.uNE OF LOT/IN N SAD Mr;THENFE SM.31.311•WEST.g ? 7 W A DISTANCE DF 164e FEET To A PONT ON THE NO.ALE OF Lm/LasN og Iz5SMOPUT:THENCE AWE A CURSE TO RE LEFT MN A RADIUS FEET.AND AN ARC LENGTH OF 21.29 FEET MH A CHORD BEAM OF SOUTH IX I2R1a'Sr WEST.AND A CHORD LENGTH OF 31.15 FEET,TO A Paa ON THE A-ATSO•.NEE,.... P E.3 Yi . aaOSePmakaA-A. FproM ME Lot I,a.PENCE ENE eE35•D,-WES,. ALONG sTHE e m a NORM UNE OF SOD LOT/184,A DISTANCE OF e32 FEET. TO THE TO THE y SURVEY PARCEL nA SECT TO AuCONTAINING0.46 gMIL RENT-OF-WAYS. T-LESS. EESEuwrs.AND REmnrnORS Of 9 4 2.43 ACRES± ...5, W RECORD. TRACT 2 a ITT H.• ib»924.AN A s, I F 3 J I`- PARCEL 8 9 f PARCEL 11 GI J PARCEL] EETO I D) (asxw-ALE) 9' v.m' o no aK. I RAW E left RE BPa5 —... SSEA aI.• RAV eE s seat mm( c: R: I_oe)MEw) SA'W bAxDII-WE) I i 1 MADISON STREET (82.5' R/W)T RM LRE RA,UK RAN UNE RAW,ALE 5 6•f]lcr.--vmr ,;,.,re g>.r 23i• . 1I . 1 lO1F}.yLER.aN4 i'.-ram 20aR QbRt_w.a w— S t..r r..-_ b ,Mm 2R,• 2 Tav sDR,or c :g.w• 1. I 33g9 3!DEcwm AVEs elu_ d d THE ArowvAnow MOM CV INS ORAMAC IS WENDED FOR RE CLIENT ONLY.ANY 11.2 moiY rF F PURPOSE MENDED W.LE AT ME USERS DFnA3nTD,HE v2m stE+ET'oR tC t. Nra,,L'- FANYUm,'OR EMO.T LOCATORS.F SHOWN,ME APPROXIMATE THE cu.RUST FIELD ToTN RO OR ACIEGIAINII I NE E HE SR N .ROADS ANY DISERRT a 2Re".Ta TEC i MEN BY: FIN RR WMFATOR...MN MOM._ 0 de 80 120 smuvFns.CTEANFFEN / INE/2s REVISIONS 9EET OR E.D..m n T4 IPam RNER xc. SCALE ERASES fir FOE_Ill af MR MIISPORTPLR,..TOED auDOTn N RnAwE, SCALE 1". 40 RAT CO..T•=R0' MJo 466. a+, ATM>Fxa AVM • 1I240193.3 AMR ER OF SECTION 1. FD.I-IP kI 1 02')(ON-11AI- V OF SOUTH BEND, 017R'Lwi ABED AS FOLLOWS: R/x UNE P/R UNE Y R/R,NE R/W UNE R/W USE ` THE RECORDED PLAT I LAT BOOK#1,PAGE ORIGINAL EASTERLY 0.63 FEET; THENCE MARION STREET (82.5' R/W)j - RVE ARION STREET _8 ONE TO THE RIGHT 19.94 FEET, WITH A LENGRADIUS OF 1211.786636 I N a9'35'28•E 19DA2•(1!,RADIUS OF NORTH 4CE BEARING OF CURE 710.00100 VCE ALONG A CURVE y:Cm OF 73.99 FEET,UNE 0 UNE g• R/R UNE CHORD LENGTH OF 0 . P(..--•`-` J Os(N33DJ ICE OF 40.65 FEET; g OF 700.00 FEET,AN MAS CO.'A&SOW-, - I S LOH 7T57'07'FAST. 1 a1•s 0 lT0W ME . .15 e A CURVE 70 THE I I S C •'.' 76.12 FEET,WITH A C EXISTIN LENGTH OF 76.33 Q' A o.'w. •Ia WAY UNE OF DR. J:_` L.`:•.- =3 Awe r-R.l Mr 20 SET DUE TRuIOtil4' ` TRACT 4 ,9-uw9LE E :-• 0 4w a>0 158; THENCE NORTH 1•.• q.• ryw { :, e- CONC.CMR Jr/SPWYT 0- p't:H'"6R p Sa Y GROSS R6MERII LTC FF-- E A R vv. (ETTH69'3533• WEST 4 S' u o• F W ICE OF 50.00 FEET; 31 4• 8: V 1W O o-i rti TO THE NORTHWESTOF e ---_ F+I 4, Ir.1m rtu 8 aT, A DISTANCE OF 0 1 • T' _ -- `y3' OtNSLE TO SET DUE - T/ES f" N.iOO' _ 7 WI SAID PLA OF e' y8' TOTRACT 3 PRESENT TRACT 1 Y„1 1 49'29'24' WEST, A Li OF SAID LOT/ 167:R. y9 M1 A 3 O xE PTAw1 7, TO A POINT ON r E-, d:y ob y, 0 I SALT _ TIH 31'25'21•WEST. g 6 W 1-•• • 9 d,"~ 0 C. CJ ST yw0w+r.0 -E OF LOT F 165 IN W 7 Q'•' f-iRADIUSOF326.10 T-I slow BEARING OF SOUTH i O A POINT ON THE E•H 1 00;14'AILEY 3 I VA^.NEO:{'ALLEY 3F0 1P At1Ff y D 0•sl:fi PER DOC.6210000 PER 00c.1236057 WEST. ALONG SNO fTO f d T, TO THE TO THE Y. 061.-MR a ASFlW7 L' 7 cross Femur uNc SURVEY PARCEL RESTRICTIONS OF x y I 2.43 ACRESt s W d 1w••• o TRACT 2 PARCEL 9 n x 1 LOT:65 15'` f LP,;60 W 1. PR FO.BENT CAP F666O41 @`vv.' s.•a 1 (-0.2',(0.T/S.W.) Y Aj- zz 007(O.0O'S W.) i ao PARCEL 8 4R'_90 Og LOT;6t 22 PARCEL 11 _- f 1..... Q PARCEL 7 LOT 102 W re 1.4+ 00.1'IP z 3 5T o9o0' T-0.37(NEIDT (-0.5)(0N-L6VQ F0.1"04H S 50,04'Y) f78.32'(FI) eIUNE 1• Tt (- 06',(RCLO.! 4't!) N(11 TNR R/W LINE s 69.35'01•W 229.36"TM) L' OCNG SAFM*(1(;i••"- . . ... _ ..s•a9;45'07•'W;'sS4.5.70.'(N)." W "s'6L>r .' • S44.00(CR)"-- YD.I.BOA229.001C12) FEL0.6'1(ON-Ix.E) I MADISON STREET (82.5' R/W) e h RAY UNE R/W UNE R/W UNE R/W UNE t 'Qi.N.:_ -51AVyL g Tv C F1i,Y,}f gV-3 ,-,,---Er CI Y 1 '71. 11. Nit. 1 1 ` S+Hui 4 125 t- 1 iM' Cl0 0 3 i5.TII .1 t 1 wN1=50i 16{6"C2 2T0. 75 16914 1.76 II9 7' 2i45 C 0916' 2.2 V.07 25 u 711.7e' a6rA' 634Y x 37'2Y{!•E rill Of- 3- 69.50' 4950'- N I 1 _ s _ Ca 250,00 73.9}' 735Y 5 7,'45'.n••R 21'1IIA'I I N l` Co IOO.00' 36.a5• 57.61 N frYjaro, w !!'29'!6" S N 00 G4 104.50'7617' 16J3' S!9'S095`E 4747'46' 0? 55O S 05• 7 a NT ONLY. ANY REUSE 51 V 53 2 FOR 1 LPEDKC I ASTUTE 04OR LEGAL L6 S 60743-51 E 4OiSL9S65"YOaMMIOU HE CLIENT MUST FIELD N LSO N 0034'S6'w ISE 1 UNO SURVEY011 IF EXISTING U1*JI1E3 NRES ITT STRUCTURES. IE. TE1D I COMMENCEMENT OF HER RESTRICTIONS NOT ACTS PRO LOCAL RT TO NOCATE THE TALLY INJURIOUS hi City of South Bend Com 1n un jfy In vestment March 27, 2025 South Bend Common Council City of South Bend 227 W. Jefferson Blvd. South Bend, fN 4660 I Filed in Clerk's Office APR 1 2 .5 Bianca Tirado City Clerk, South Bend, IN RE: Resolution to approve the issuance of Scrap Metal/ Junk Dealers/ Recycling Operation licenses pursuant to Section 4-51 of the South Bend Municipal Code. Dear Honorable Council Members: Renewal applications for the operation of Scrap Metal/ Junk Dealers/ Recycling Operations have been received. In accordance with the procedure for the renewal of city business licenses these applications were submitted to the Police Department, Fire Lnspection Bureau, Neighborhood Resources, and the Zoning Department for their review and recommendation. The following properties were inspected and received favorable recommendations regarding fire, code, and environmental compliance, also for proper maintenance of the premises, and the height and condition of the fencing. LKQ Pick Your Part Midwest, LLC -1602 S. Lafayette Blvd. Big Bulldog Auto Parts -3 700 S. Gertrude St. OmniSource LLC -1305 Prairie Ave. Republic Services -2500 Green Tech Dr. Stevie's enterprises -3109 S. Gertrude Paul's Auto Yard -3300 S. Main St. SBPD PROCESS -Investigates each applicant and makes a recommendation as to whether the license should be granted. SBPD considers the criminal history, if any, and the likelihood that granting the license will endanger the health, safety, or welfare of the public. •Ensure applicant does not have any warrants or wants with SBPD. •Verify the applicant is not involved in any criminal investigations. •Applicants must electronic report to SBPD on a daily basis. •Video Surveillance required.SBPD found nothing considerable to warrant that the application be denied. As a result, SBPD recommends that all 6 licenses be issued. Excellence Accountability Innovation Inclusion Em powerm en t Visit County-City Building 227 W Jefferson Blvd, Suite 1400 S South Bend, IN 4660 I Phone 3 I I inside City limits (574) 233-031 I outside City limits Em ail: 3 I I 1tisouthbcnd111.gov Website: Southbendm gov 25-20 City of South Bend Comm unity Investment CODE—Determines whether such premises are fit &proper for the maintenance &operation of such a business. Fencing is in good condition;verified by Code &Zoning. Is there litter or debris around the exterior part of the business. Are there improperly parked vehicles. Are there any environmental issues. SBFD- Determines whether such premises are fit &proper for the maintenance &operation of such a business. Ensure there are no combustible materials,and all inflammable materials must not be stored on premises. Storerooms &garages must be free from rubbish,waste materials,old rags &paper. Oil,gasoline,oily waste and other greasy material must be stored in metal waste cans. Proper number of fire extinguishers must be in close proximity to areas within such scrap or junkyards..wherein trash,metal or other waste materials may be burned,&keep &maintain therein an unobstructed fire truck lane of at least 10 feet in width into such yard from the main entrance. Ensure waste oil containers are double lined or have secondary containment with some sort of berm around the tanks to keep them from being hit by vehicles. If hot work(welding or cutting)is being done on the premises it must be set up away from the oil storage area&other combustibles. ZONING— Verifies the use of the property is allowed. Each property is considered a legal non-conforming use. ENVIRONMENT—None of the properties have active notices of violation. All reviewing agencies found each property to be compliant and recommend all 6 licenses be issued. Because the applicants have met all the requirements of the ordinance,the attached resolution is respectfully submitted for your consideration. Sincerel'y, 14 2 Michelle Adams Business License Administrator Excellence Visit Phone County-City Building 311 inside City limitsAccountability227WJeffersonBlvd,Suite 1400 S 574)233-031 1 outside City limits Innovation South Bend,IN 46601 Inclusion Em ail:311@southbendin.gov Empowerment Website:Southbendin.gov Filed in Clerk's Office BILL NO. 25-20 APR ' n RESOLUTION NO. Bianca Tirado City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS LICENSES FOR CALENDAR YEAR 2025 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers,junk dealers, and recycling operations; and WHEREAS, on April 1,2025,the Business License Administrator provided written notice to the City Clerk that the following businesses: LKQ Pick Your Part Midwest, LLC— 1602 S. Lafayette Blvd. Big Bulldog Auto Parts: 3700 S. Gertrude St. Omnisource: 1305 Prairie Ave. Republic Services—2500 Green Tech Dr. Stevie's Enterprise: 3109 S. Gertrude Paul's Auto Yard: 3300 S. Main St. have been approved for Scrap Metal Dealer, Junk Dealer, and/or Recycling Operations Licenses for the year 2025; and WHEREAS, the license applications for all above-referenced businesses received favorable recommendations from Neighborhood Resources, Zoning Department, Police Department, and the Fire Prevention Bureau. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The license applications for the following businesses: LKQ Pick Your Part Midwest, LLC— 1602 S. Lafayette Blvd. Big Bulldog Auto Parts: 3700 S. Gertrude St. Omnisource: 1305 Prairie Ave. Republic Services—2500 Green Tech Dr. Stevie's Enterprise: 3109 S. Gertrude Paul's Auto Yard: 3300 S. Main St. Are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by Neighborhood Resources, Zoning Department, Police Department, and the Fire Prevention Bureau as evidenced by the Business License Administrator's communication to the City Clerk dated April 1, 2025. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana For all municipal business license questions.contact: City of South Sena•Orolnance Violat on Bureau 227 West iefferson died•Suite 455•South Bend,Indiana 46601•574.235.5052•F:574235.9173 UG LICENSE APPLICATION FOR-SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING Filed in Clerk's Office OPERATIONS CITY OF SOUTH BEND, INDIANA L\PR MUNICIPAL CODE SECTION -4-51 Bianca Tirado Ci>oggk. 91111 R d, Neck One: New Renewal A.Scrap Metal Dealer Junk Dealer Recycling Operation II.BUSINESS DATA lA. Business Name: 1.., L II ( pli r- (1 B. Business Address: I(00d, S O.T E Rkv lCity: SAu Qld State: TIN Zip: '1 1, Coto ( C.Mailing Address(If different from above): City: State: Zip: D. Business Telephone Number. 5l4- E. Business Fax Number: F.E-Mail Address: Si C.)npe.@,\—YA. Ohr . `,pM G.Zoning of Proposed Business Location: ci 5 s* 0J H.How long has the business been in continuous operation: I. Lot Size of Premises: 3bl 640 J. Type of Fencing Used: C tl:n`l> ' K. Is the Property Owned or Leased by the Applicant: 0 to APA 1. Name of Owner if Property is Leased: 2. Business Address of Owner: Please Continue to Page 2(back of sheet) For Office Use Only Application Filed •l 0 6 2Q2' Fire Dept. Approval JfYJ i^ 0OaS Application Fee Paid 717tc Z011 A Dept. Approval JPIN ' h 5 Sent to Dept.i l '' 6 " ,. Code enforcement JPcf J 8) 95 Police Dept. Records Approval MOO-35,905 Police Dept. Crime Prey. Approval/711M.A51 5 Common CouncilAp rroyal License Number SeXAC&j—00_5 License Fee Paid f Not Approved_ Reason 1 For all municpal business license questions,contact' City of South Bend•Ordinance Violation Bureau 227 West Jefferson Blvd•Suite 455•South Bend,Indiana 46601•574.235,6052•F.574.235.3173 LICENSE APPLICATION FOR-SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION -4-51 III. PERSONAL DATA A.Applicant's Legal Na n p,l- B. Residenti City Zip C. Residential Telephone Number: D.Cellphone Number: 1 E. G. I. Position with Business - • de4f IV. INCLUDE,WITH APPLICATION,A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES,BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE,AND LANDSCAPING. V.INCLUDE$5.00 PROCESSING FEE WITH APPLICATION VI.AFFIRMATION I, hereby,certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer/Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code,Section 4-51. Signature Date 2 WW2 MYON.n r,.-,..,- to a • • I NW 111 eo, I Y;cow I oc cox cols i 1 I1 MUMIMI tI IVIEA 11 A.•,r i 1 pow 0 l- -- I 1 II is i C:IfiNtiA ow co j 1a/0 401® ii ` LL PM1 — L Of( II70rit 1A6.LI M111.91 t LO COa 2013iioccrococre Owow, M wax race IoAO,.no a -co 1DFA6MOLE MINN CAM II I isa JX tACC! 7 6.117Maifi au 1.\ Orroci.Cal tc•s 7 SCALE , c,,I M' Min 2 1 rwwua ,OR 1VEST CALVERT SET T - 1 - - ^ AECRpTST. r OMYN iY OS I I MIME SITE PLAN CIA-1-Q h?D-IS . SCALE AS 53,0414 LKO SELF 3Efi,10E OF SOUTH eE - 255 IAD NO. uro1 1$A% 1502 SOUTH LAFAYETTE I A I J r X 2 PRJ N10, Jt012l1771 SOUTH END I DL I A I l 1 L i Michelle Adams From: Kari Myers Sent: Wednesday, January 8, 2025 2:50 PM To: Michelle Adams Subject: RE:Scrap Metal Dealer Application Michelle- LKQ— 1602 S. Lafayette Blvd.—The property located at 1602 S. Lafayette Blvd. is zoned I Industrial and a Scrap Metal Dealer use is not allowed by right in this district, however,the current use has been in continuous operation prior to the adoption of our current Zoning Ordinance and is therefore considered legal non-conforming. Any outdoor storage of material needs to remain below the fence line. Let me know if you have any questions. ai:ari Myers Zoning Specialist hk Department of Community Investment 227 W.Jefferson Blvd.,Suite 1400 S. It South Bend,IN 46601 574)235-5932 www.southbendin.gov/zoning We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment From: Michelle Adams<madams@southbendin.gov> Sent: Monday,January 6, 2025 3:54 PM To: Kari Myers<kmyers@southbendin.gov> Subject:Scrap Metal Dealer Application Hi Kari, RE: LKQ Pick Your Part Midwest-1602 S. Lafayette Blvd.-Zoned Industrial Attached is a Scrap Metal Dealer renewal application for your review and recommendation. Thank You, Michelle .Adams li City of South Bend zi: Business License Administrator 1\ Department of Community Investment v*227 W.Jefferson Blvd.,Suite 1400 S. South Bend, IN 46601 574)235-5912 1 Michelle Adams From: Jim Wood Sent: Wednesday, January 8, 2025 2:12 PM To: Michelle Adams Subject: LKQ scrap yard 1602 S Lafayette Attachments:IMG_6388.jpeg; IMG_6266.jpeg; IMG_6265.jpeg; IMG_6264.jpeg; IMG_6263.jpeg; IMG_ 6262.jpeg; IMG_6261.jpeg Michelle, This one is good to go. Thanks, Jim Sent from the iPad of Jim Wood Chief Inspector Neighborhood Services and Enforcement City of South Bend DEPARTMENT OF CODE ENFORCEMENT SCRAP YARD INSPECTION FORM 7: : Municipal Code Sec.4-51(L) Operation & Maintenance Rules &Regulations t• BUSINESS NAME: -_--I.K BUSINESS ADDRESS: f(e02-__'S • I-4-ti 3 1. Is the establishment operating: V opaque fencing in good condition: s chain link fencing in good condition: 4' 4. Is there litter or debris around exterior part of the business: Yes 5 Is there any outdoor storage between the building&the street: Y= 6. Are there waste tires that have the potential to harbor insects. 1 . liti rodents, fleas,ticks,or other animals that can carry disease to Yes humans: 7. Is there any evidence of rodents: Yes a` e 1115- 8. Is the property within 1,000 feet of a residence or other business: fYes q° No 9. Are there working utilities: 1 N`' f, 10. Are there any nuisance violations that were cited: Yes 1;•.. 5' If yes,the citation was given for:_ ___ 1 General Comments:__.—._5 "-`-Q -`' r r, o+ r1 Inspector: artr'L---- confirms the p proper for the m ntenance and operatio[totSu a business. s x,`s 1. t . imalioniiiimii, r r-- 1 >xs gt ! ti x t iVre\''' die A ..,,, ' . ....i, • 171 ''4';':".•.' X. S' P p 1 t, r.:. ,,c,,,n•ki.,1 4,..i r. 1., .111 i'-' -.' •-'. t I t i 0 CC-, 1 o" e•-• 40.1,04 a C' a t 1 V s...•, 1 r 6 im. . . . 41 ti; 1'1 i . r /4 '' s k e. 1 y 1 1..'''! 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' ..4. i ylk 1 r .. ,,> I. i is n• t r,•t It 7 4 u4 o' 1 r t it I S 1,,' III JL 1 a. 1 1 , 1 •t tY o tir 11 a t x' - • L !" r , P 4:.'1 f 1 r.. 1f y a ,f 1". 11 1 14 v.: it,.t. .. ..:,./ ilty- I 0,44• Ilkify 4 1 r ti -f 3 1 1} I rr 1 I, 1, ly f ,„" 1 t 11 • 1 1 Michelle Adams From: Brian L. Meador Sent: Tuesday, March 25, 2025 1:36 PM To: Adam E.Taylor Cc: Michelle Adams Subject: Re: Business License Denial for LKQ Adam, My recommendation for Denial was based on the criminal history of the manager as well as the fact that the business was not registered with Leads or reporting. It is my current understanding that this has been rectified and there are no further issues. I would now change my recommendation to Approved, No Issues. PFCBnan L. Meador Community Resource Officer Strategic Intel Office—SIO South Bend Police Department I Operations Division 574) 235-5897 bmeador@southbendin.gov From:Adam E.Taylor<ataylor@southbendin.gov> Sent:Tuesday, March 25,2025 1:13 PM To: Brian L. Meador<bmeador@southbendin.gov> Cc: Michelle Adams<madams@southbendin.gov> Subject: Business License Denial for LKQ Officer Meador: I reviewed this for a business license denial,see attached.Could you provide the criminal history as an attachment? Additionally,were there any specific reasons for the recommended denial?Was it just the existence of felonies? Or anything more detailed you could give us?Please advise. Regards, Adam E.Taylor coUTH e Assistant City Attorney PEACE D` City of South Bend Legal Department 1865 County-City Building 227 W.Jefferson Blvd.,Ste. 1200S ataylor@southbendin.gov South Bend, IN 46601 574)235-5868 1 Michelle Adams From: Brian L. Meador Sent: Tuesday,January 7, 2025 11:09 AM To: Michelle Adams Cc: DL-SBPDOutreach Subject: Paul's and LKQ Attachments:0038_001.pdf Michelle, Attached are the Scrap Yard Investigation Forms for LKQ Pick Your Part and Paul's Auto Yard. Bellow are my recommendations. LKQ: Denied (reasons for denial listed on Form) Paul's Auto Yard: Granted PFCBrian L. Meador Community Resource Officer Strategic Intel Office—SIO South Bend Police Department I Operations Division 574) 235-5897 bmeador@southbendin.gov From: SouthBend<SouthBend@southbendin.gov> Sent:Tuesday,January 7, 2025 10:55 AM To: Brian L. Meador<bmeador@southbendin.gov> Subject: Message from SIO MFP 1 POLICE DEPARTMENT SCRAP vARD INVESTIGATION FORM i DATE:1. 1 A`D _____ BUSINESS NAME: j,,,_k `l f _GK.__ .I.UJ 4-r\.. ‘ Jw7 BUSINESS ADDRESS: . 1(D0a LP tre„A, Vv3 APPLICANT NAME: 3'L GA., C0-Kv...- 1. Pursuant to Sec.4-51(e)(2)of the South Bend Municipal Code,the SBPD considered the criminal history of the applicant,if any,and the likelihood that granting the license will endanger the health,safety or welfare of the public. A report of the investigation and a copy of the traffic and police record of the applicant,if any,and the recommendation of the Police Department shall be attached to the application and forwarded tothe Business License Administrator. ta Comments: I IR.CI....c._ s r 5e0.40, Cc fz.E_1Om4___f_6 S\- l , ors . 2. Pursuant to Sec.4-51(f)SBPD Property Nuisance Officer verified compliance with all noise regulations set forth in Sec. 13-82 of the South Bend Municipal Code. i Comments:& Coie-$ i0-.. e.=r_ k)v Cc,y. Gam v\ 6_ 3. Pursuant to Sec.4-51(q)SBPD verified there is video surveillance monitoring all business transactions (if applicable). 4. Pursuant to Sec.4-51(k)(1)SBPD Records Division verified the applicant is maintaining a physical sales report of scrap metal and/or valuable metals. Each dealer or operator must keep and preserve data on or through an electronic or computer data system database daily for the preceding 24-hour period of all purchases of any scrap metal and valuable metal items, unless exempted by ordinance. Such information shall be sent via electronic forms of transmission to the SBPD using the Records Management System, Leads Online. (ifa plicable) Comments:T llLLy L K sl{ r 1 p t t V_ k<J. .J)` C. After reviewing Police records for the applicant and business address,the SBPD recommends the license be(circle one)granted/•enied. TCc13 r',a4\ i.• JAJFel o 7 0 is me and Title Co:As.m.' ,%,kl "` SO\t OCR cv Michelle Adams From: Sean Conner <stconner@LKQCORP.com> Sent: Monday, February 17, 2025 2:07 PM To: Michelle Adams Subject: RE: {External}Scrap Metal Dealer License Hello Michelle, I have completed the registration. Let me know if you need anything else. Thank You, Sean Conner Plant Manager 1 1602 S Lafayette Blvd. South Bend, IN 46613 Self Service Auto Parts I LKQ Corporation stconner@lkocoro.com 0) 574-233-2277 (M)269-591-1788 Store#1255 l w1 PICKYCURPIPRT From: Michelle Adams<madams@southbendin.gov> Sent: Monday, February 17, 2025 1:36 PM To: Sean Conner<stconner@LKQCORP.com> Subject: {External}Scrap Metal Dealer License I You don't often get email from madams@southbendin.gov. Learn why this is important Good afternoon Sean, RE: LKQ Pick Your Part Midwest—Scrap Metal Dealer Application It was brought to my attention that you are not registered with Leads Online, which is the records management system used by the South Bend Police Department, and required per Ordinance Sec. 4-51, K(1). Here is the link to Leads Online, https://leadsonline.com/register-today, please let me know once you are registered so I can have the SBPD verify. Thank You, LMIche& Adams City of South Bend Business License Administrator Department of Community Investment 1 5/t 1-l:[u Term r; @SO Permit r 1: . tPT Done Per 1602 S. Lafayette Blvd. ISSUED Eft'ectIve Date beerceti 61' sr.lr ,.Perot Nu.^7C errNt'.S Scrap Metal License SSVED 3201 Sugar Maple 00lican- LKQ Corporation 1ssurn 1602 5.Lafayette! acaUor+ 1602 5 La Fayette 3LVD South Bend IN 46613 e' A, County:St.Joseph Contacts Application Filed 01/06/2025 fect.,e 01/07/2025 plra'ion 01/07/2026 Authorized 01/07/2025 Authorized 3y Jeff Yoder issued 01/07/2025 issued 9/ Jeff Yoder Checklists 1 Passed.0 Failed,0 Not Applicable View Ch?Cd is votes 5CR2025-005 Exp.Jan.31st Scrap Metal Dealers must be Inspected within 10-days of receiving the application. Attac-+^'e"-. a 1602 5 Lafayette Blvd LKQ Pick Your Part Midwest_.., V:e•, r . r., 4,1 ti/.,.n•//........•nrnr...iln not/nn....i.n/nn...nr.7nn....11.1-r.-.17(1.1 r\/I.C•70 A(.,{,(1-.“1.7C.IIl1 2..t C7 1 SOUTH BEND FIRE DEPARTMENT 1$01k INSPECTION REPORT LKQ AUTO PARTS, LXQ CORPORATION, 1602 S LAFAYETTE BLVD, BLDG 1602 S.LAFAYETTE, SOUTH BEND IN 46613-2026 44101 DETAILS Inspection Date:01/07/2025 ; Inspection Type:Secondhand Dealers City Licenses Inspection Number:6958 Shift: NIA Station:Central Fire Station I Unit: N/A Lead Inspector:Jeff Yoder { Other Inspectors: N/A VIOLATIONS AND COMPLIANCES Showing only resolved violations,passed codes.violations,N/A codes.and images for this inspection.Please reach out to the lead inspector for more details. Resolved Violations:0 l Passed Codes:51 1 Violations:0 J N/A Codes:0 STATUS CODE DESCRIPTION PASS 1004.3-Posting of occupant Every room or space that is an assembly occupancy shall have the occupant load load of the room or space posted in a conspicuous place,near the main exit or exit access doorway from the room or space.Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. PASS 1030.1 -General The means of egress for buildings or portions thereof shall be maintained in accordance with this section. PASS 1030.2-Reliability Required exit accesses,exits and exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency when the building area served by the means of egress is occupied.An exit or exit passageway shall not be used for any purpose that interferes with a means of egress. PASS 1030.3-Obstructions A means of egress shall be free from obstructions that would prevent its use. including the accumulation of snow and ice. aa, cs Pagel of 12 STATUS CODE DESCRIPTIONS PASS 1030.4-Exit signs Exit signs shall be installed and maintained in accordance with Section 1011. Decorations,furnishings,equipment or adjacent signage that impairs the visibility of exit signs,creates confusion or prevents identification of the exit shall not be allowed. PASS 1030.5-Nonexit identification Where a door is adjacent to,constructed similar to and can be confused with a means of egress door,that door shall be identified with an approved sign that identifies the room name or use of the room. PASS 1030.6-Finishes,furnishings Means of egress doors shall be maintained in such a manner as to be and decorations distinguishable from the adjacent construction and finishes such that the doors are easily recognizable as doors.Furnishings,decorations or other objects shall not be placed so as to obstruct exits,access thereto.egress therefrom,or visibility thereof.Hangings and draperies shall not be placed over exit doors or otherwise be located to conceal or obstruct an exit.Mirrors shall not be placed on exit doors.Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit. PASS 1030.7-Emergency escape Required emergency escape and rescue openings shall be maintained in and rescue openings accordance with the code in effect at the time of construction,and the following: Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars,grilles,grates or similar devices are allowed to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the emergency escape and rescue opening. PASS 1030.8*-Testing&All two-way communication systems for areas of refuge shall be inspected and maintenance tested on a yearly basis to verify that all components are operational.When necessary, the tests shall be conducted in the presence of the fire code official. ee:,,s 03 2025 3.9_2 Page 2 of 12 STATUS CODE DESCRIPTION PASS 1030.9-Floor identification The floor identification signs required by Sections 1022.9 and 1104.23 shall be signs maintained in an approved manner. PASS 1104.18-Exit access travel Exits shall be located so that the maximum length of exit access travel,measured distance from the most remote point to an approved exit along the natural and unobstructed path of egress travel,does not exceed the distances given in Table 1104.17.2. PASS 1104.19-Common path of The common path of egress travel shall not exceed the distances given in Table egress travel 1104.17.2. PASS 1104.23-Stairway floor Existing stairs shall be marked in accordance with Section 1022.9 number signs PASS 1104.3-Exit sign illumination Exit signs shall be internally or externally illuminated.The face of an exit sign illuminated from an external source shall have an intensity of not less than 5 footcandles(54 lux).Internally illuminated signs shall provide equivalent luminance and be listed for the purpose.Exception:Approved self-luminous signs that provide evenly illuminated letters shall have a minimum luminance of 0.06 foot-lamberts(0.21 cd/m2). PASS 1104.4-Power source Where emergency illumination is required in Section 1104.5,exit signs shall be visible under emergency illumination conditions.Exception:Approved signs that provide continuous illumination independent of external power sources are not required to be connected to an emergency electrical system. Page 3 of 12 STATUS CODE DESCRIPTION PASS 1104.5-Illumination The power supply for means of egress illumination shall normally be provided by emergency power the premises'electr ical supply.in the event of power supply failure,illumination shall be automatically provided from an emergency system for the following occupancies where such occupancies require two or more means of egress: 1. Group A having 50 or more occupants. Exception:Assembly occupancies used exclusively as a place of worship and having an occupant load of less than 300.2. Group B buildings three or more stories in height,buildings with 100 or more occupants above or below a level of exit discharge serving the occupants or buildings with 1,000 or more total occupants.3.Group E in interior stairs, corridors,windowless areas with student occupancy,shops and laboratories.4. Group F having more than 100 occupants. Exception:Buildings used only during daylight hours which are provided with windows for natural light in accordance with the International Building Code.OAR 837,Division 41 is not part of this code but is reproduced or paraphrased here for the reader's convenience.OAR 837, Division 41 regulates exitway protection.5.Group I.6.Group M.Exception: Buildings less than 3,000 square feet(279 m2)in gross sales area on one story only,excluding mezzanines.7.Group R-1. Exception:Where each sleeping unit has direct access to the outside of the building at grade.8.Group R-2.Exception: Where each dwelling unit or sleeping unit has direct access to the outside of the building at grade.9.Group R-4. Exception:Where each sleeping unit has direct access to the outside of the building at ground level. PASS 1104.8-Opening force for The opening force for interior side-swinging doors without closers shall not doors exceed a 5pound(22 N)force. For other side-swinging,sliding and folding doors, the door latch shall release when subjected to a force of not more than 15 pounds(66 N).The door shall be set in motion when subjected to a force not exceeding 30 pounds(133 N).The door shall swing to a full-open position when subjected to a force of not more than 50 pounds(222 N).Forces shall be applied to the latch side. PASS 24.5-Design signage The installing contractor shall identify a hydraulically designed sprinkler system with a permanently marked weatherproof metal or rigid plastic sign secured with corrosion resistant wire,chain.or other approved means.Such signs shall be placed at the alarm valve,dry pipe valve,preaction valve,or deluge valve supplying the corresponding hydraulically designed area.The sign shall include the following information:(1)Location of the design area or areas(2)Discharge densities over the design area or areas(3)Required flow and residual pressure demand at the base of the riser(4)Occupancy classification or commodity classification and maximum permitted storage height and configuration(5)Hose stream allowance included in addition to the sprinkler demand(6)The name of the installing contractor Page 4 of 12 STATUS CODE DESCRIPTION PASS 24.5-General signage The installing contractor shall provide a general information sign used to determine system design basis and information relevant to the inspection, testing,and maintenance requirements required by NFPA 25,Standard for the Inspection,Testing,and Maintenance of Water-Based Fire Protection Systems. 24.6.1.1 Such general information shall be provided with a permanently marked weatherproof metal or rigid plastic sign,secured with corrosion-resistant wire, chain.or other acceptable means.24.6.1.2 Such signs shall be placed at each system control riser,antifreeze loop,and auxiliary system control valve.24.6.2 The sign shall include the following information:(1)Name and location of the facility protected(2)Occupancy classification(3)Commodity classification(4) Presence of high-piled and/or rack storage(5)Maximum height of storage planned(6)Aisle width planned(7)Encapsulation of pallet loads(8)Presence of solid shelving(9)Flow test data(10)Presence of flammable/combustible liquids 11)Presence of hazardous materials(12)Presence of other special storage(13) Location of auxiliary drains and low point drains on dry pipe and preaction systems(14)Original results of main drain flow test(15)Name of installing contractor or designer(16)Indication of presence and location of antifreeze or other auxiliary systems PASS 304.1 -Waste accumulation Combustible waste material creating a fire hazard shall not be allowed to prohibited accumulate in buildings or structures or upon premises. PASS 304.1.1 -Waste material Accumulations of wastepaper,wood,hay,straw,weeds,litter or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof or in any court,yard,vacant lot,alley,parking lot,open space,or beneath a grandstand,bleacher,pier,wharf or other similar structure. PASS 304.1.2*-Vegetation Weeds,grass,vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. PASS 315.1 -General Storage shall be in accordance with Sections 315.2 through 315.4. Page 5 of 12 STATUS CODE DESCRIPTION PASS 315.3.1 -Ceiling clearance Storage shall be maintained 2 feet(610 mm)or more below the ceiling in nonsprinklered areas of buildings or a minimum of 18 inches(457 mm)below sprinkler head deflectors in sprinklered areas of buildings.Exception:Sidewall storage to a maximum depth of thirty(30)inches(seventy-six and two-tenths 76.2)centimeters)shall be acceptable to the ceiling in non-sprinklered buildings. PASS 315.3.2-Means of egress Combustible materials shall not be stored in exits or enclosures for stairways and ramps. PASS 315.3.3-Equipment rooms Combustible material shall not be stored in boiler rooms,mechanical rooms or electrical equipment rooms. PASS 315.4-Outside storage Outside storage of combustible materials shall not be located within 10 feet(3048 mm)of a lot line.Exceptions:1.The separation distance is allowed to be reduced to 3 feet(914 mm)for storage not exceeding 6 feet(1829 mm)in height.2.The separation distance is allowed to be reduced when the fire code official determines that no hazard to the adjoining property exists. PASS 505.1 -Address identification New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property.These numbers shall contrast with their background.Address numbers shall be provided in additional approved locations to facilitate emergency response.Address numbers shall be Arabic numbers or alphabetical letters.Numbers shall be a minimum of 4 inches(101.6 mm)high with a minimum stroke width of 0.5 inch 12.7 mm).Where access is by means of a private road and the building cannot be viewed from the public way,a monument,pole or other sign or means shall be used to identify the structure.Address numbers shall be maintained. Exception: Secured sites manned with on site,full-time 24 hour response teams who escort responding fire departments may omit address numbers,building numbers or building identification on individual buildings. Page 6 of 12 STATUS CODE DESCRIPTION PASS j06.1*-Where required Whenever the servicing fire department has instituted a key box emergency access system,a key box compatible with that system shall be installed in an accessible location if:(1)The building is protected with an automatic sprinkler system equipped with a local or transmitted water-flow alarm,or(2)The building is provided with any fire alarm system equipped with an outside audible/visual signaling device,or(3)The building is provided with any fire alarm system where the alarm Is transmitted to an off-site location,or to the fire alarm center for the servicing fire department. PASS 506.1.1 -Locks An approved lock shall be installed on gates or similar barriers when required by the fire code official. PASS 509.1*-Identification Fire protection equipment shall be identified in an approved manner.Normally closed rooms containing air handling equipment over 2,000 CFM,rooms containing a water heater or boiler over 400,000 BTU/HR input,sprinkler risers, sprinkler control valves,fire alarm control panels, smoke evacuation system control panels,or control panels for wet chemical,dry chemical,foam,carbon dioxide and clean agent systems shall be identified for the use of the servicing fire department.Approved signs required identifying fire protection equipment locations shall be constructed of durable materials,lettering shall be in contrast with the background and be permanently installed and readily visible. PASS 509.1.1 -Utility identification Gas shutoff valves,electric meters,service switches and other utility equipment shall be clearly and legibly marked to identify the unit or space that it serves. Identification shall be made in an approved manner,readily visible and shall be maintained. PASS 5303.5.2-Physical protection Compressed gas containers,cylinders,tanks and systems which could be exposed to physical damage shall be protected.Guard posts or other approved means shall be provided to protect compressed gas containers,cylinders, tanks and systems indoors and outdoors from vehicular damage and shall comply with Section 312. Page 7 of 12 STATUS CODE DESCRIPTION p.:S'S 5303.5.3-Securing Compressed gas containers,cylinders and tanks shall be secured to prevent compressed gas containers, falling caused by contact,vibration or seismic activity.Securing of compressed cylinders and tanks gas containers,cylinders and tanks shall be by one of the following methods: 1. Securing containers,cylinders and tanks to a fixed object with one or more restraints.2.Securing containers,cylinders and tanks on a cart or other mobile device designed for the movement of compressed gas containers,cylinders or tanks.3.Nesting of compressed gas containers,cylinders and tanks at container filling or servicing facilities or in seller's warehouses not accessible to the public. Nesting shall be allowed provided the nested containers,cylinders or tanks,if dislodged,do not obstruct the required means of egress.4.Securing of compressed gas containers,cylinders and tanks to or within a rack,framework, cabinet or similar assembly designed for such use.Exception:Compressed gas containers,cylinders and tanks in the process of examination,filling,transport or servicing. PASS 605.1 -Abatement of Identified electrical hazards shall be abated.Electrical wiring,devices,appliances electrical hazards and other equipment that is modified or damaged and constitutes an electrical shock or fire hazard shall not be used. PASS 605.3-Working space and A working space of not less than 30 inches(762 mm)in width,36 inches(914 mm) clearance in depth and 78 inches(1,981 mm)in height shall be provided in front of electrical service equipment.Where the electrical service equipment is wider than 30 inches(762 mm),the working space shall be not less than the width of the equipment.No storage of any materials shall be located within the designated working space.Exceptions:1.Where other dimensions are required or allowed by NFPA 70.2.Access openings into attic or underfloor areas,which provide a minimum clear opening of 20 inches(509 mm)by 40 inches(1,016 mm). PASS 605.3.1 -Labeling Doors into electrical control panel rooms shall be marked with a plainly visible and legible sign stating ELECTRICAL ROOM or similar approved wording.The disconnecting means for each service,feeder or branch circuit originating on a switchboard or panelboard shall be legibly and durably marked to indicate its purpose unless such purpose is clearly evident. PASS 605.4.Multiplug adapters Multiplug adapters,such as cube adapters,unfused plug strips or any ocher device not complying with NFPA 70 shall be prohibited. P :eo a ,_^:i>)9=- Page8of12 STATUS CODE DESCRIPTION PASS 605.4.2-Power supply Relocatable power taps shall be directly connected to a permanently installed receptacle. PASS 605.5-Extension cords Extension cords and flexible cords shall not be a substitute for permanent wiring. Extension cords and flexible cords shall not be affixed to structures,extended through walls, ceilings or floors,or under doors or floor coverings, nor shall such cords be subject to environmental damage or physical impact.Extension cords shall be used only with portable appliances. PASS 605.5.1*-Extension cords Extension cords shall be plugged directly into an approved receptacle,except for approved multiplug extension cords,shall serve only one portable appliance. PASS 605.6-Unapproved Open junction boxes and open-wiring splices shall be prohibited.Approved conditions covers shall be provided for all switch and electrical outlet boxes. PASS 703.1 -Maintaining The required fire-resistance rating of fire-resistance-rated construction(including walls,firestops.shaft enclosures,partitions,smoke barriers,floors,fire-resistive coatings and sprayed fire-resistant materials applied to structural members and fire-resistant joint systems)shall be maintained.Such elements shall be visually inspected by the owner annually and properly repaired,restored or replaced when damaged,altered, breached or penetrated.Where concealed,such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel,access door,ceiling tile or similar movable entry to the space.Openings made therein for the passage of pipes,electrical conduit,wires,ducts,air transfer openings and holes made for any reason shall be protected with approved methods capable of resisting the passage of smoke and fire.Openings through fire- resistance-rated assemblies shall be protected by selfor automatic-closing doors of approved construction meeting the fire protection requirements for the assembly. P. Page 9 of 12 STATUS CODE DESCRIPTION PASS 703.2*-Opening Protectives Opening protectives shall be maintained in accordance with the rules of the commission.Where allowed by the fire code official,the application of field- applied labels associated with the maintenance of opening protectives shall follow the requirements of the approved third-party certification organization accredited for listing the opening protective.Fire doors and smoke barrier doors shall not be blocked or obstructed,or otherwise made inoperable. Fusible links shall be replaced promptly whenever fused or damaged.Fire door assemblies shall not be modified. PASS 901.5.1 -Occupancy It shall be unlawful to occupy any portion of a building or structure until the required fire detection.alarm and suppression systems have been tested and approved. PASS 901.6-Inspection,testing and Fire detection,alarm,and extinguishing systems,mechanical smoke exhaust maintenance systems,and smoke and heat vents shall be maintained in an operative condition at all times,and shall be replaced or repaired where defective.Nonrequired fire protection systems and equipment shall be inspected,tested and maintained or removed. PASS 904.4-Inspection and testing Automatic fire-extinguishing systems shall be inspected and tested in accordance with the provisions of this section prior to acceptance. Page 10 of 12 STATUS CODE DESCRIPTION PASS 906.2-General requirements Portable fire extinguishers shall be selected,installed and maintained in accordance with this section and NFPA 10.Exceptions: 1.The travel distance to reach an extinguisher shall not apply to the spectator seating portions of Group A-5 occupancies.2.Thirry-day inspections shall not be required and maintenance shall be allowed to be once every three years for dry-chemical or halogenated agent portable fire extinguishers that are supervised by a listed and approved electronic monitoring device,provided that all of the following conditions are met:2.1. Electronic monitoring shall confirm that extinguishers are properly positioned,properly charged and unobstructed.2.2. Loss of power or circuit continuity to the electronic monitoring device shall initiate a trouble signal.2.3. The extinguishers shall be installed inside of a building or cabinet in a noncorrosive environment.2.4.Electronic monitoring devices and supervisory circuits shall be tested every three years when extinguisher maintenance is performed.2.5.A written log of required hydrostatic test dates for extinguishers shall be maintained by the owner to verify that hydrostatic tests are conducted at the frequency required by NFPA 10.3.In Group 1-3,portable fire extinguishers shall be permitted to be located at staff locations. PASS 907.8-Inspection,testing and The maintenance and testing schedules and procedures for fire alarm and fire maintenance detection systems shall be in accordance with Sections 907.8.1 through 907.8.5 and NFPA 72. PASS ADDRESS 18-56-Exhibit a)The owner or occupant of every house or business place in the City shall place number:size of figure. the number assigned to his lot or part of lot by the City Engineer in a conspicuous place on the side of or above the front door of such house or building.(b)Such number shall consist of figures not less than three(3)inches in length and so made or marked as to be distinctly and easily read PASS IC22-12-8-2-Violations; A person who violates:(1)a rule adopted under this article,IC 22-13,IC 22-14,or infraction IC 22-15;(2)a condition of a permit,certification,registration, release, authorization,variance,exemption,or other license issued under this article, IC 22-13.IC 22-14,IC 22-15;or(3)any other order issued under this article,IC 22-13, IC 22-14, IC 22-15;commits a Class C infraction. NEXT INSPECTION DATE 01/07/2026 a-.-;eo:11. Page 11 of 12 CONTACT SIENAT@lE Sean Conner Signed on:01/07/2025 @ 11:03 INSPECTOR SIGNATURE Jeff Yoder Signed on:01/07/2025 @ 11:03 QUEST ONS ABOUT TOUR NSrECTION? Jeff Yoder jyoder@southbendin.gov No phone number available Page 12 of 12 Michelle Adams From: Allison Doctor Sent: Friday, February 28, 2025 12:52 PM To: Caleb Bauer;Sarah Schaefer;Sandra Kennedy;Adam E.Taylor;Jenna Throw Cc: Michelle Adams Subject: Hurwich Iron active violations Attachments:Hurwich Iron VFC violations.pdf Follow Up Flag: Follow up Flag Status: Flagged Good afternoon, Quick update on scrap metal environmental violations—besides HIC Investments/Circle Ave, none of the scrap metal businesses with pending licenses have active notices of violation listed in the VFC. As for HIC/Circle Ave, I've attached a document that outlines the notice of violation and active violations organized by perceived relevancy. The main takeaway is that HIC/Circle Ave has unlabeled and unidentified liquids in containers and spills located throughout the property. Materials had spilled from rusted drums onto the ground and there was an unidentified gray material, both near the silo and baghouse. Additionally, they have not obtained an EPA ID #or registered as a large quantity generator for hazardous materials when removing hazard materials from the site. For reference: Notice of Violation and Proposed Agreed Order Document detailingfailure to respond to violations and initial violations observed during August 12,2024, site visit Happy to provide a more detailed summary of the initial site visit as needed. Let me know if you have any questions! Thanks, Allison Allison Doctor t ' f'.; Project Manager Environmental&Brownfieldsi Department of Community Investment1111pk1/4 4 227 W.Jefferson Blvd.,Suite 1400 S. South Bend,IN 46601 574)235-9337 www.southbendin.gov)www.southbendin.gov We deliver services that empower everyone to thrive. 1 Michelle Adams From: Skip Morrell Sent: Wednesday, March 5, 2025 12:45 PM To: Sarah Schaefer; Elizabeth Maradik; Abby Wiles;Jim Wood; Kenisha L. Wells; Michelle Adams; Erik Glavich; Kari Myers; Michael Divita;Tim Corcoran Cc: Caleb Bauer Subject: Re: Follow-up from business license compliance meeting Attachments:Scrap Metal Review-Zoning Compliance.pdf; Buffer Types.pdf Hi all, Jim and I visited scrap the metal sites to observe fencing. Along many property lines a buffer would not be required by zoning since the lots abut other I Industrial sites.Where a buffer would be required,fencing was legal non-conforming in every case and would require an upgrade (adding shrubs,trees, or made solid)to meet current standards. I put together a visual document to show what the zoning ordinance would require at each site and current conditions. I've also attached the page from the ZO that calls out various buffer types. Best, Ski Morrell o uTIIF o Principal Development Planner U City of South Bend Yr.ACE , e Department of Community Investment Zoning x amorrell@southbendin.gov 1tit65 - 574)235-7625 From: Sarah Schaefer<sschaefer@southbendin.gov> Sent:Tuesday, February 25, 2025 5:18 PM To: Elizabeth Maradik<emaradik@southbendin.gov>;Abby Wiles<awiles@sjcindiana.gov>;Jim Wood jwood@southbendin.gov>; Kenisha L.Wells<kwells@southbendin.gov>; Michelle Adams madams@southbendin.gov>; Erik Glavich<eglavich@southbendin.gov>;Skip Morrell<amorrell@southbendin.gov>; Kari Myers<kmyers@southbendin.gov>; Michael Divita <mdivita@southbendin.gov>;Tim Corcoran tcorcora@southbendin.gov> Cc:Caleb Bauer<cbauer@southbendin.gov> Subject: Follow-up from business license compliance meeting Thank you for meeting today to discuss compliance and enforcement for business licenses. Here are the follow-up items we discussed: 1 Focal!municipal business license queslions,casiact City of South Bend•Ordinance Violation Bureau 717 West Jefferson Blvd•Suite 455•South Bend,'Indiana 46601•574135.6052•f,ST4735.9273 3CIA LICENSE APPLICATION FOR-SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION-4-51 I.APPLICATION TYPE Check One: New Renewal X A.Scrap Metal DealerX Junk Dealer x Recycling Operation II.BUSINESS DATA A.Business Name:BIG BULLDOG AUTO PARTS B.Business Address:3700 S.GERTRUDE STREET City:SOUTH BEND _State: IN Zip: 46814 C.Mailing Address(If different from above): City: State: Zip: D.Business Telephone Number. ST4-472-1277 OPT 3 E.Business Fax Number: F.E-Mail Address: BIGBULLDOGAUTOPARTSIGMAIL.COM G.Zoning of Proposed Business Location: 'NDUSTRIAUCOMMERC!AL H.Lot Size of Premises.10.5 ACRES I. Type of Fencing Used:CHAINLINK 1. is the Property Owned or Leased by the Applicant:OWNED 1. Name of Owner if Property is Leased: 2.Business Address of Owner:3700 S.GERTRUDE STREET SOUTH BEND IN 46814 Please Continue to Page 2(back of sheet) For Office Use Only Application Filed :'I .14 Z';' Fire Dept.Approval -i.A tf).: I, -5 Application Fee Paid 4 ZL'11,1 iept.Approval ,:u1V i5 409.5 Sent to Dept. Code Enforcement JAiU ') ,Ste T : 9.''j Police Dept.Records Approval JAN.!) 7 '45 Police Dept.Crime Prey,Approval -IAA./ .4=a (.14S Common Council Approval License Number jCACZ= Ct0'!..a License Fee Paid i lot Approved Reason i 1 I 1i for all municipal business license questions,contact City of South Bend•Ordinance Violation Bureau 227 West Jefferson Blvd•Suite 455•South Bend,Indiana 46601•574.235.6052•F:574.235.9173 LICENSE APPLICATION FOR—SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION—4-51 a i III.PERSONAL DATA a A.Applicant's Legal Na • LOU DOMINION B.Residents City: State Zi C.Residential Telephone Number: i D.Cell hone Number: 989-205-0003 i E. a G. 1 I. I i s IV.INCLUDE,WITH APPLICATION,A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES,BUILDINGS, PARKING SPACES,LOADING DOCKS,FUEL STORAGE,AND LANDSCAPING. 1I E V.INCLUDE$5.00 PROCESSING FEE WITH APPLICATION l i I VI.AFFIRMATION t I,hereby,certify and affirm that all of the information I have given in this application is true and r,' accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer/Recycling Operation/Transfer Station license found in the City of Sou nd Municipal Code,Section 4-51. 1-8-2025 gnature Date 1 1 a i P 1 I 2 f,', 1 t?",j‘krkt Ate, 9..*s. I i a rI m 11 4 I Scn __ i ddp i 15 1 g. f SketVi.r 7 i It ram.- N CNArt Cant J — Michelle Adams From: Kari Myers Sent: Wednesday, January 15, 2025 11:02 AM To: Michelle Adams Subject: RE: Scrap Metal Dealer Big Bulldog Michelle- Big Bulldog Auto Parts-3700 S. Gertrude St.—The property located at 3700 S.Gertrude St. is zoned I Industrial and a Scrap Metal Dealer use is not allowed by right in this district, however,the current use has been in continuous operation prior to the adoption of our current Zoning Ordinance and is therefore considered legal non- conforming. Any outdoor storage of material needs to remain below the fence line. Let me know if you have any questions. Xari.Myers Zoning Specialist Department of Community Investment 227 W.Jefferson Blvd.,Suite 1400 S. South Bend,IN 46601 574)235-5932 www.southbendin.xov/zoning We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment From: Michelle Adams<madams@southbendin.gov> Sent:Wednesday,January 15,2025 10:13 AM To: Kari Myers<kmyers@southbendin.gov> Subject: Scrap Metal Dealer Big Bulldog Hi Kari, RE: Big Bulldog Auto Parts-3700 S. Gertrude St.-Zoned Industrial Attached is a Scrap Metal Dealer renewal application for your review and recommendation. Thank You, MicheCCe lcfams r r, City of South Bend ic Business License Administrator Department of Community Investment 227 W.Jefferson Blvd.,Suite 1400 S. South Bend, IN 46601 1 Michelle Adams From: Jim Wood Sent: Thursday,January 23, 2025 9:39 AM To: Michelle Adams Subject: Big Bulldog scrap yard 3700 Gertrude Attachments:IMG 6519.jpeg; IMG_6492.jpeg; IMG_6491.jpeg; IMG_6490.jpeg; IMG_6494.jpeg; IMG_ 6493.jpeg; IMG_6495.jpeg Michelle, This one is good to go. Thanks, Jim Sent from the iPad of Jim Wood Chief Inspector Neighborhood Services and Enforcement City of South Bend DEPARTMENT OF CODE ENFORCEMENT SCRAP YARD INSPECTION FORM z Municipal Code Sec.4-51(L)Operation&Maintenance Rules&Regulations DATE: I - 2-l- ,•5 BUSINESS NAME: p) 3._. ' 3 JL le• - BUSINESS ADDRESS: -L-7w. • e r 2-r „J L 4 1. Is the establishment operating:No 2. Is opaque fencing in good condition: No 3. Is chain link fencing in good condition: S No 4. Is there litter or debris around exterior part of the business:Yes 5. Is there any outdoor storage between the building&the street: Yes K r6. Are there waste tires that have the potential to harbor insects, rodents,fleas,ticks,or other animals that can carry disease to Yes humans: 7. Is there any evidence of rodents: Yes CD 8. Is the property within 1,000 feet of a residence or other business: Yes 9. Are there working utilities: No 10. 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Meador Sent: Wednesday, January 22, 2025 9:24 AM To: Michelle Adams Cc: DL-SBPDOutreach Subject: Big Bulldogs Auto Parts Good morning, SBPD has no concerns with Big Bulldogs Auto Parts renewal. Checklist completed/Compliant PFC Brian L Meador Community Resource Officer Strategic Intel Office—SIO South Bend Police Department I Operations Division 574) 235-5897 bmeador@southbendin.gov 1/"Z2/ZS,Y:b1 HM permits eso Permit f'1f PT Done ermi 3700 S. Gertrude St. ISSUED Effective Date between b1l17/2t1 n e rr S t.i:u Scrap Metal License 7!iicart Big Bulldog Auto Parts issin 3700 5.Gertrude 5 ovation 3700 Gertrude South Bend IN 466'4 3109 S Gertrude liaga 700 W.Ireland Rd.' Appi cat or Feed 01/14/2025 suty 3700 S.Ge Effective 01/21/2025 Expiration 01/21/2026 Authorized 01/21/2025 Authorized$y Jeff Yoder 001„ issued 01/21/2025 issued Sy Jeff Yoder Checklist'; 1 Passed,0 Failed,0 Not Applicable Moves SCR2025-006 Exp.Jan.31st Inspection review must be submitted within 10-days of the application date. Attachments 3700 5 Gertrude St Big Bulldog Auto Parts Redacted... View tir..,.i+•.•...,....,-...-. .,....i_.....,,.r.-.,.,...tin........,r.+-oaataaQa_rc.na..a o.4co_k-mannccoo7o Ill SOUTH BEND FIRE DEPARTMENT slat. INSPECTION REPORT NULL, alb BULLDOG AUTO PARTS,3700 6ERTRUDE ST, BLDG 3700 GERTRUDE ST,SOUTH REND IN 46614 DETAILS Inspection Date:01/21/2025 ; Inspection Type:Automotive Repair&service Center City Licenses ; Inspection Number:7031 Shift: N/A I Station:Station 5 I Unit. N/A Lead Inspector:Jeff Yoder I Other Inspectors: N/A VIOLATIONS AND COMPLIANCES Showing only resolved violations,passed codes,violations,N/A codes,and images for this inspection. Please reach out to the lead inspector for more details. Resolved Violations:0 I Passed Codes:51 I Violations:0 I N/A Codes:0 STATUS CODE DESCRIPTION PASS 1004.3-Posting of occupant Every room or space that is an assembly occupancy shall have the occupant load load of the room or space posted in a conspicuous place,near the main exit or exit access doorway from the room or space.Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. PASS 1030.1 -General The means of egress for buildings or portions thereof shall be maintained in accordance with this section. PASS 1030.2-Reliability Required exit accesses,exits and exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency when the building area served by the means of egress is occupied.An exit or exit passageway shall not be used for any purpose that interferes with a means of egress. PASS 1030.3-Obstructions A means of egress shall be free from obstructions that would prevent its use, including the accumulation of snow and ice. Page 1 of 12 STATUS CODE DESCRIPTION PASS 1030.4-Exit signs Exit signs shall be installed and maintained in accordance with Section 1011. Decorations,furnishings,equipment or adjacent signage that impairs the visibility of exit signs,creates confusion or prevents identification of the exit shall not be allowed. PASS 1030.5-Nonexit identification Where a door is adjacent to,constructed similar to and can be confused with a means of egress door,that door shall be identified with an approved sign that identifies the room name or use of the room. PASS 1030.6-Finishes,furnishings Means of egress doors shall be maintained in such a manner as to be and decorations distinguishable from the adjacent construction and finishes such that the doors are easily recognizable as doors.Furnishings,decorations or other objects shall not be placed so as to obstruct exits,access thereto,egress therefrom,or visibility thereof.Hangings and draperies shall not be placed over exit doors or otherwise be located to conceal or obstruct an exit. Mirrors shall not be placed on exit doors. Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit. PASS. 1030.7-Emergency escape Required emergency escape and rescue openings shall be maintained in and rescue openings accordance with the code in effect at the time of construction,and the following Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools.Bars,grilles,grates or similar devices are allowed to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key,tool or force greater than that which is required for normal operation of the emergency escape and rescue opening. PASS 1030.8*-Testing&All two-way communication systems for areas of refuge shall be inspected and maintenance tested on a yearly basis to verify that all components are operational.When necessary,the tests shall be conducted in the presence of the fire code official. Page 2 of 12 STATUS CODE DESCRIPTION PASS 1030.9-Floor identification The floor identification signs required by Sections 1022.9 and 1104.23 shall be signs maintained in an approved manner. PASS 1104.18-Exit access travel Exits shall be located so that the maximum length of exit access travel,measured distance from the most remote point to an approved exit along the natural and unobstructed path of egress travel,does not exceed the distances given in Table 1104.17.2. PASS 1104.19-Common path of The common path of egress travel shall not exceed the distances given in Table egress travel 1104.17.2. PASS 1104.23-Stairway floor Existing stairs shall be marked in accordance with Section 1022.9 number signs PASS 1104.3-Exit sign illumination Exit signs shall be internally or externally illuminated.The face of an exit sign illuminated from an external source shall have an intensity of not less than 5 footcandles(54 lux).Internally illuminated signs shall provide equivalent luminance and be listed for the purpose.Exception:Approved self-luminous signs that provide evenly illuminated letters shall have a minimum luminance of 0.06 foot-lamberts(0.21 cd/m2). PASS 1104.4-Power source Where emergency illumination is required in Section 1104.5,exit signs shall be visible under emergency illumination conditions.Exception:Approved signs that provide continuous illumination independent of external power sources are not required to be connected to an emergency electrical system. Page 3 of 12 STATUS CODE DESCRIPTION PASS 1104.5-Illumination The power supply for means of egress illumination shall normally be provided by emergency power the prernises'electrical supply.In the event of power supply failure,illumination shall be automatically provided from an emergency system for the following occupancies where such occupancies require two or more means of egress: 1. Group A having 50 or more occupants.Exception:Assembly occupancies used exclusively as a place of worship and having an occupant load of less than 300.2. Group B buildings three or more stories in height,buildings with 100 or more occupants above or below a level of exit discharge serving the occupants or buildings with 1,000 or more total occupants.3.Group E in interior stairs, corridors,windowless areas with student occupancy,shops and laboratories.4. Group F having more than 100 occupants.Exception:Buildings used only during daylight hours which are provided with windows for natural light in accordance with the International Building Code.OAR 837,Division 41 is not part of this code but is reproduced or paraphrased here for the readers convenience.OAR 837, Division 41 regulates exitway protection.5.Group I.6.Group M.Exception: Buildings less than 3,000 square feet(279 m2)in gross sales area on one story only,excluding mezzanines.7.Group R-1.Exception:Where each sleeping unit has direct access to the outside of the building at grade.8.Group R-2.Exception: Where each dwelling unit or sleeping unit has direct access to the outside of the building at grade.9.Group R-4.Exception:Where each sleeping unit has direct access to the outside of the building at ground level. PASS 1104.8-Opening force for The opening force for interior side-swinging doors without closers shall not doors exceed a 5pound(22 N)force.For other side-swinging,sliding and folding doors, the door latch shall release when subjected to a force of not more than 15 pounds(66 N).The door shall be set in motion when subjected to a force not exceeding 30 pounds(133 N).The door shall swing to a full-open position when subjected to a force of not more than 50 pounds(222 NI.Forces shall be applied to the larch side. PASS 24.5-Design signage The installing contractor shall identify a hydraulically designed sprinkler system with a permanently marked weatherproof metal or rigid plastic sign secured with corrosion resistant wire,chain,or other approved means. Such signs shall be placed at the alarm valve,dry pipe valve,preaction valve,or deluge valve supplying the corresponding hydraulically designed area.The sign shall include the following information:(1)Location of the design area or areas(2)Discharge densities over the design area or areas(3)Required flow and residual pressure demand at the base of the riser(4)Occupancy classification or commodity classification and maximum permitted storage height and configuration(5)Hose stream allowance included in addition to the sprinkler demand(6)The name of the installing contractor r.cec on i'•:'_•-- 5 : 3 3Z Page 4 of 12 STATUS CODE DESCRIPTION PASS 24.6-General signage The installing contractor shall provide a general information sign used to determine system design basis and information relevant to the inspection, testing,and maintenance requirements required by NFPA 25,Standard for the Inspection,Testing,and Maintenance of Water-Based Fire Protection Systems. 24.6.1.1 Such general information shall be provided with a permanently marked weatherproof metal or rigid plastic sign,secured with corrosion-resistant wire, chain,or other acceptable means.24.6.1.2 Such signs shall be placed at each system control riser,antifreeze loop,and auxiliary system control valve.24.6.2 The sign shall include the following information:(1)Name and location of the facility protected(2)Occupancy classification(3)Commodity classification(4) Presence of high-piled and/or rack storage(5)Maximum height of storage planned(6)Aisle width planned(7)Encapsulation of pallet loads(B)Presence of solid shelving(9)Flow test data(10)Presence of flammable/combustible liquids 11)Presence of hazardous materials(12)Presence of other special storage(13) Location of auxiliary drains and low point drains on dry pipe and preaction systems(14)Original results of main drain flow test(15)Name of installing contractor or designer(16)Indication of presence and location of antifreeze or other auxiliary systems PASS 304.1 -Waste accumulation Combustible waste material creating a fire hazard shall not be allowed to prohibited accumulate in buildings or structures or upon premises. PASS 304.1.1 -Waste material Accumulations of wastepaper.wood,hay,straw,weeds,litter or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof or in any court,yard,vacant lot,alley, parking lot,open space,or beneath a grandstand, bleacher,pier,wharf or other similar structure. PASS 304.1.2*-Vegetation Weeds,grass,vines or other growth that is capable of being ignited and endangering property,shall be cut down and removed by the owner or occupant of the premises. PASS 315.1 -General Storage shall be in accordance with Sections 315.2 through 315.4. P-,:ea pcJ •2:.10 5.P QL5: Page 5 of 12 STATUS CODE DESCRIPTION PASS 315.3.1 -Ceiling clearance Storage shall be maintained 2 feet(610 mm)or more below the ceiling in nonsprinklered areas of buildings or a minimum of 18 inches(457 mm)below sprinkler head deflectors in sprinklered areas of buildings.Exception:Sidewall storage to a maximum depth of thirty(30)inches(seventy-six and two-tenths 76.2)centimeters)shall be acceptable to the ceiling in non-sprinklered buildings. PASS 315.3.2-Means of egress Combustible materials shall not be stored in exits or enclosures for stairways and ramps. PASS 315.3.3-Equipment rooms Combustible material shall not be stored in boiler rooms,mechanical rooms or electrical equipment rooms. PASS 315.4-Outside storage Outside storage of combustible materials shall not be located within 10 feet(3048 mm)of a lot line.Exceptions:1.The separation distance is allowed to be reduced to 3 feet(914 mm)for storage not exceeding 6 feet(1829 mm)in height.2.The separation distance is allowed to be reduced when the fire code official determines that no hazard to the adjoining property exists. PASS 505.1 -Address identification New and existing buildings shall have approved address numbers,building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property.These numbers shall contrast with their background.Address numbers shall be provided in additional approved locations to facilitate emergency response.Address numbers shall be Arabic numbers or alphabetical letters.Numbers shall be a minimum of 4 inches(101.6 mm)high with a minimum stroke width of 0.5 inch 12.7 mm).Where access is by means of a private road and the building cannot be viewed from the public way,a monument,pole or other sign or means shall be used to identify the structure.Address numbers shall be maintained.Exception: Secured sites manned with on site,full-time 24 hour response teams who escort responding fire departments may omit address numbers, building numbers or building identification on individual buildings. pr'nred OI!)'•-1•_0=5 Page 6of12 STATUS CODE DESCRIPTION PASS 506.1*-Where required Whenever the servicing fire department has instituted a key box emergency access system,a key box compatible with that system shall be installed in an accessible location if:(1)The building is protected with an automatic sprinkler system equipped with a focal or transmitted water-flow alarm,or(2)The building is provided with any fire alarm system equipped with an outside audible/visual signaling device,or(3)The building is provided with any fire alarm system where the alarm is transmitted to an off-site location,or to the fire alarm center for the servicing fire department. PASS 506.1.1 -Locks An approved lock shall be installed on gates or similar barriers when required by the fire code official. PASS 509.1*-Identification Fire protection equipment shall be identified in an approved manner.Normally closed rooms containing air handling equipment over 2,000 CFM,rooms containing a water heater or boiler over 400,000 BTU/HR input,sprinkler risers, sprinkler control valves,fire alarm control panels,smoke evacuation system control panels,or control panels for wet chemical,dry chemical,foam,carbon dioxide and clean agent systems shall be identified for the use of the servicing fire department.Approved signs required identifying fire protection equipment locations shall be constructed of durable materials,lettering shall be in contrast with the background and be permanently installed and readily visible. PASS 509.1.1 -Utility identification Gas shutoff valves,electric meters,service switches and other utility equipment shall be clearly and legibly marked to identify the unit or space that it serves. Identification shall be made in an approved manner,readily visible and shall be maintained. PASS 5303.5.2-Physical protection Compressed gas containers,cylinders,tanks and systems which could be exposed to physical damage shall be protected.Guard posts or other approved means shall be provided to protect compressed gas containers.cylinders, tanks and systems indoors and outdoors from vehicular damage and shall comply with Section 312. Page 7 of 12 STATUS CODE DESCRIPTION PASS 5303.5.3-Securing Compressed gas containers,cylinders and tanks shall be secured to prevent compressed gas containers. falling caused by contact,vibration or seismic activity.Securing of compressed cylinders and tanks gas containers.cylinders and tanks shall be by one of the following methods: 1. Securing containers,cylinders and tanks to a fixed object with one or more restraints.2.Securing containers,cylinders and tanks on a cart or other mobile device designed for the movement of compressed gas containers,cylinders or ranks.3. Nesting of compressed gas containers,cylinders and tanks at container filling or servicing facilities or in seller's warehouses nor accessible to the public. Nesting shall be allowed provided the nested containers, cylinders or tanks,if dislodged,do not obstruct the required means of egress.4.Securing of compressed gas containers,cylinders and tanks to or within a rack,framework, cabinet or similar assembly designed for such use.Exception:Compressed gas containers,cylinders and tanks in the process of examination,filling,transport or servicing. PASS 605.1 -Abatement of Identified electrical hazards shall be abated.Electrical wiring,devices,appliances electrical hazards and other equipment that is modified or damaged and constitutes an electrical shock or fire hazard shall not be used. PASS 605.3-Working space and A working space of not less than 30 inches(762 mm)in width,36 inches(914 mm) clearance in depth and 78 inches(1,981 mm)in height shall be provided in front of electrical service equipment.Where the electrical service equipment is wider than 30 inches(762 mm),the working space shall be not less than the width of the equipment.No storage of any materials shall be located within the designated working space.Exceptions: 1.Where other dimensions are required or allowed by NFPA 70.2.Access openings into attic or underfloor areas,which provide a minimum clear opening of 20 inches(509 mm)by 40 inches(1,016 mm). PASS 605.3.1 -Labeling Doors into electrical control panel rooms shall be marked with a plainly visible and legible sign stating ELECTRICAL ROOM or similar approved wording.The disconnecting means for each service,feeder or branch circuit originating on a switchboard or panelboard shall be legibly and durably marked to indicate its purpose unless such purpose is clearly evident. PASS 605.4-Multiplug adapters Multiplug adapters.such as cube adapters, unfused plug strips or any other device not complying with NFPA 70 shall be prohibited. Page 8 of 12 STATUS CODE DESCRIPTION PASS 605.4.2-Power supply Relocatable power taps shall be directly connected to a permanently installed receptacle. PASS 605.5-Extension cords Extension cords and flexible cords shalt not be a substitute for permanent wiring. Extension cords and flexible cords shall not be affixed to structures,extended through walls,ceilings or floors,or under doors or floor coverings,nor shall such cords be subject to environmental damage or physical impact.Extension cords shall be used only with portable appliances. PASS 605.5.1*-Extension cords Extension cords shall be plugged directly into an approved receptacle,except for approved multiplug extension cords,shall serve only one portable appliance. PASS 605.6-Unapproved Open junction boxes and open-wiring splices shall be prohibited.Approved conditions covers shall be provided for all switch and electrical outlet boxes. PASS 703.1 -Maintaining The required fire-resistance rating of fire-resistance-rated construction(including walls,firestops,shaft enclosures,partitions,smoke barriers,floors,fire-resistive coatings and sprayed fire-resistant materials applied to structural members and fire-resistant joint systems)shall be maintained.Such elements shall be visually inspected by the owner annually and properly repaired,restored or replaced when damaged, altered,breached or penetrated.Where concealed,such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel,access door,ceiling tile or similar movable entry to the space.Openings made therein for the passage of pipes, electrical conduit.wires,ducts,air transfer openings and holes made for any reason shall be protected with approved methods capable of resisting the passage of smoke and fire.Openings through fire- resistance-rated assemblies shall be protected by selfor automatic-closing doors of approved construction meeting the fire protection requirements for the assembly. Page 9 of 12 STATUS CODE DESCRIPTION PASS 703.2*-Opening Protectives Opening protectives shall be maintained in accordance with the rules of the commission.Where allowed by the fire code official,the application of field- applied labels associated with the maintenance of opening protectives shall follow the requirements of the approved third-party certification organization accredited for listing the opening protective. Fire doors and smoke barrier doors shall not be blocked or obstructed,or otherwise made inoperable. Fusible links shall be replaced promptly whenever fused or damaged.Fire door assemblies shall not be modified. PASS 901.5.1 -Occupancy It shall be unlawful to occupy any portion of a building or structure until the required fire detection,alarm and suppression systems have been tested and approved. PASS 901.6-Inspection,testing and Fire detection,alarm,and extinguishing systems,mechanical smoke exhaust maintenance systems,and smoke and heat vents shall be maintained in an operative condition at all times,and shall be replaced or repaired where defective.Nonrequired fire protection systems and equipment shall be inspected,tested and maintained or removed. PASS 904.4-Inspection and testing Automatic fire-extinguishing systems shall be inspected and tested in accordance with the provisions of this section prior to acceptance. ted an 3'22,2,225 8 33 52 Page 10 of 12 STATUS CODE DESCRIPTION PASS 906.2-General requirements Portable fire extinguishers shall be selected, installed and maintained in accordance with this section and NFPA 10.Exceptions:1.The travel distance to reach an extinguisher shall not apply to the spectator seating portions of Group A-5 occupancies.2.Thirty-day inspections shall not be required and maintenance shall be allowed to be once every three years for dry-chemical or halogenated agent portable fire extinguishers that are supervised by a listed and approved electronic monitoring device,provided that all of the following conditions are met:2.1.Electronic monitoring shall confirm that extinguishers are properly positioned,properly charged and unobstructed. 2.2. Loss of power or circuit continuity to the electronic monitoring device shall initiate a trouble signal.2.3. The extinguishers shall be installed inside of a building or cabinet in a noncorrosive environment.2.4.Electronic monitoring devices and supervisory circuits shall be tested every three years when extinguisher maintenance is performed.2.5.A written log of required hydrostatic test dates for extinguishers shall be maintained by the owner to verify that hydrostatic tests are conducted at the frequency required by NFPA 10.3.In Group 1-3,portable fire extinguishers shall be permitted to be located at staff locations. PASS 907.8-Inspection,testing and The maintenance and testing schedules and procedures for fire alarm and fire maintenance detection systems shall be in accordance with Sections 907.8.1 through 907.8.5 and NFPA 72. PASS ADDRESS 18-56-Exhibit a)The owner or occupant of every house or business place in the City shall place number,size of figure. the number assigned to his lot or part of lot by the City Engineer in a conspicuous place on the side of or above the front door of such house or building.(b)Such number shall consist of figures not less than three(3)inches in length and so made or marked as to be distinctly and easily read PASS IC22-12-8-2-Violations; A person who violates:(1)a rule adopted under this article,IC 22-13,IC 22-14,or infraction IC 22-15;(2)a condition of a permit,certification,registration,release, authorization,variance,exemption,or other license issued under this article, IC 22-13,IC 22-14,IC 22-15;or(3)any other order issued under this article,IC 22-13, IC 22-14,IC 22-15;commits a Class C infraction. NEXT INSPECTION DATE 01/21/2026 P-rcea)n?• Page 11 of 12 CONTACT SIGNATURI Terrilynn Dominion Signed on:01/21/2025 @ 13:3097-1/171/24—ain'i/t/ir ) INSPECTOR SI NATERE Jeff Yoder Signed on:01/21/2025 @ 13:30 QUESTIONS ARM TOUR INSPECTION? Jeff Yoder jyoder@southbendin.gov No phone number available Page 12 of 12 Michelle Adams From: Allison Doctor Sent: Friday, February 28, 2025 12:52 PM To: Caleb Bauer; Sarah Schaefer; Sandra Kennedy; Adam E.Taylor;Jenna Throw Cc: Michelle Adams Subject: Hurwich Iron active violations Attachments:Hurwich Iron VFC violations.pdf Follow Up Flag: Follow up Flag Status: Flagged Good afternoon, Quick update on scrap metal environmental violations—besides HIC Investments/Circle Ave, none of the scrap metal businesses with pending licenses have active notices of violation listed in the VFC. As for HIC/Circle Ave, I've attached a document that outlines the notice of violation and active violations organized by perceived relevancy. The main takeaway is that HIC/Circle Ave has unlabeled and unidentified liquids in containers and spills located throughout the property. Materials had spilled from rusted drums onto the ground and there was an unidentified gray material, both near the silo and baghouse. Additionally, they have not obtained an EPA ID#or registered as a large quantity generator for hazardous materials when removing hazard materials from the site. For reference: NQti.ce of Violation and_Proposed Agreed Qrder Documentdetailing failure • - pond to violations and initial violations observed duringgugust 12, 2024. site visit Happy to provide a more detailed summary of the initial site visit as needed. Let me know if you have any questions! Thanks, Allison rtison Doctor t— 4:i>Project Manager Ilk Environmental&Brownfields r. Department of Community Investment S. "'%:. 227 W.Jefferson Blvd.,Suite 1400 S. South Bend,IN 46601 574)235-9337 www.southbendi n.gov]www.southbend in.gov We deliver services that empower everyone to thrive. 1 Michelle Adams From: Skip Morrell Sent: Wednesday, March 5, 2025 12:45 PM To: Sarah Schaefer; Elizabeth Maradik;Abby Wiles;Jim Wood; Kenisha L.Wells; Michelle Adams; Erik Glavich; Kari Myers; Michael Divita;Tim Corcoran Cc: Caleb Bauer Subject: Re: Follow-up from business license compliance meeting Attachments:Scrap Metal Review -Zoning Compliance.pdf; Buffer Types.pdf Hi all, Jim and I visited scrap the metal sites to observe fencing. Along many property lines a buffer would not be required by zoning since the lots abut other I Industrial sites.Where a buffer would be required,fencing was legal non-conforming in every case and would require an upgrade(adding shrubs,trees, or made solid)to meet current standards. I put together a visual document to show what the zoning ordinance would require at each site and current conditions. I've also attached the page from the ZO that calls out various buffer types. Best, Skip Morrell So T Principal Development Planner U City of South Bend PY..Ic,F. 2)E1 Department of Community Investment-Zoning A x ! amorrell@southbendin.gov 1865=/ 574)235-7625 From:Sarah Schaefer<sschaefer@southbendin.gov> Sent:Tuesday, February 25, 2025 5:18 PM To: Elizabeth Maradik<emaradik@southbendin.gov>;Abby Wiles<awiles@sjcindiana.gov>;Jim Wood jwood@southbendin.gov>; Kenisha L.Wells<kwells@southbendin.gov>; Michelle Adams madams@southbendin.gov>; Erik Glavich<eglavich@southbendin.gov>;Skip Morrell <amorrell@southbendin.gov>; Kari Myers<kmyers@southbendin.gov>; Michael Divita<mdivita@southbendin.gov>;Tim Corcoran tcorcora @southbendin.gov> Cc: Caleb Bauer<cbauer@southbendin.gov> Subject: Follow-up from business license compliance meeting Thank you for meeting today to discuss compliance and enforcement for business licenses. Here are the follow-up items we discussed: C: i15a3 0.5.' For ill Tu/.Kipal business license Questions.confect' Oty of South Bend•Ordinance lnolation Bureau 211 West'elferson Sled•Suite 455•South Send,Indiana 46601•574.235.6052-F-571.235.9173 1 LICENSE APPLICATION FOR - SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING I OPERATIONS 1 CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION -4-51 APPLICATION TYPE Check One: New Renewal A.Scrap Metal Dealer Junk Dealer Pecycling Operatior L-----' II.BUSINESS DATA 130 5 Piia-c I e- Pcv • A. Business Name: ^10014. 1.t r;__r [.L C S_ b.13 B.BLs Address: ` Z Sf (kJ 7,./eriTeoi lc;1 i ii4,. City: t .—t- it.kup—% State: Z.1111J Zip: 411#F'D't Mailing Address f different from above): City: State: Zip: D. Business Telephone Number: Z G'D ejZ_ -- S`S[.f l E.Business Fax Number: F.E-Mail Address: Pr' C. /r_ 6 1701/1,.Ci,7J'1 t:. L C"- G. Zoning of Proposed Business Location: 1Y1— .1— H. How long has the business been in continuous operation: Mal ye:.i71 I.Lot Size of Premises: ^ '-L5 aCr C} J. Type of Fencing Used: C`l ) anti K. Is the Property Owned or Leased by the Applicant: 00.'1-G1 2. Name of Owner if Property is Leased: 2.Business Address of Owner. Please Continue to Page 2(back of sheet) 0- $0 SC-CO For Office Use Only Application Filed '` h 9 Fire Dept.Approval .JAR)J 7,9V I Application Fee Paid JAF! V Z 202 j$,'/1trDept.Approval.J,tI I J Sent to Dept. IA I 0 2 2i Code E orcement JRN (,+f 5 Police Dept.Records 4proval •ava5 Police Dept.Crime Prey.Approval „WC 7) tV45 Common Council oval t' License Number 610a —CO(1 License fee yam i Not Approved Reason i 0 2- '2.,_ ,T, Er.r Fc- S 7So p -.ilii .)ay 1 5 tC ( SI ES G1Clr[S$ D 6C1f( +—V y .., ' s r) pr l f-i=e s c 414r) For all municipal business license questions,contact: City of South fiend•Ordinance Violation Bureau 227 West Jefferson BNd•Suite 455•South Bend,Indiana 46601•574.235.6052•F 574 235 9173 LICENSE APPLICATION FOR-SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION -4-51 HI.PERSONAL DATA i r A.Applica ' ci t- B.Reside C' C.Reside Gender: Race: I.Position with Business /->Zr`tas-1 fc.Z-I- IV.INCLUDE,WITH APPLICATION,A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES,BUILDINGS, PARKING SPACES,LOADING DOCKS,FUEL STORAGE,AND LANDSCAPING. V.INCLUDE$5.00 PROCESSING FEE WITH APPLICATION VI.AFFIRMATION I,hereby,certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer/Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code,Section 4-51. 12 /111291 Signature Date 2 I e . w i r-4-)./..' ill'. I/H1/1i..s..::- / u 0T 7/77.- 11/P7 LEGEND _ v l4 PAE COMMIS11 1 HEAVY*ELT TONDO 7 S BUCK CUP is CD/ J/ R LOW MAO BUSH T V.TJ 1, URu70PCASTfIiBREAKA0.E CSST 1 SHEET IRON 1 y 7 J 1 NIXED CLIP 111 f 11 mice 5uNaes 11 INDUST.Burgles U MA.BUSH__ Ti RS 1 I Ti 'JRVIMGS 1A PATE BUSIeNGS • I :T. TY RETAIL SHEET IRON 11/ 11 AUTO PROCESSING. J NI TORCHING M i l ELECTRC NptOR1 NORTH 1)."------ JpQM ed Vaff Map OmmS wi ' e—*G 0.R, V OmrnSource Corporation Al he 6es1 m Mcfels.4ecycanp' T,r .c en xn. S.A. eAm ISSUE RE,,'-,1 1 .,...,............,....-..-........-..n..w Michelle Adams From: Kari Myers Sent: Friday, January 10, 2025 9:06 AM To: Michelle Adams Subject: Scrap Metal Dealers App - OmniSource, 1305 Prairie Ave Michelle- Omn Source—1305 Prairie Ave.—The property located at 1305 Prairie Ave. is zoned I Industrial and a Scrap Metal Dealer use is not allowed by right in this district, however,the current use has been in continuous operation prior to the adoption of our current Zoning Ordinance and is therefore considered legal non-conforming. Any outdoor storage of material needs to remain below the fence line. Let me know if you have any questions. Xari..74yers Zoning Specialist Department of Community'Investment 227 W.Jefferson Blvd.,Suite 1400 S. 4It' • South Bend,IN 46601 574)235-5932 wwwsouthbendin.eov/zoning We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment 1 Michelle Adams From: Jim Wood Sent: Monday, January 6, 2025 9:53 AM To: Michelle Adams Subject: OmniSource 1305 Prairie Attachments:IMG_6239jpeg; IMG_6238.jpeg; IMG_6237.jpeg; IMG_6236jpeg; IMG_6235.jpeg; IMG_ 6234jpeg; IMG_6233.jpeg; IMG_6232.jpeg Michele, This one is good to go. Thanks, Jim Sent from the iPad of Jim Wood Cnief Inspector Neighborhood Services and Enforcement City of South Bend ilit DEPARTMENT OF CODE ENFORCEMENT SCRAP YARD INSPECTION FORM Municipai Code Sec. 4-51(L)Operation& Maintenance Rules&Regulations f DATE: ( (o=2S BUSINESS NAME: .....%So.rct_ BUSINESS ADDRESS: __t 3aS rr-q; r ;e_ 1. Is the establishment operating; C G No 2. Is opaque fencing in good condition: q_.._No 3. Is chain link fencing in good condition:No 4. Is there litter or debris around exterior part of the business: Yes CIS]7 5 Is there any outdoor storage between the building&the street Yes 17, 6. Are there waste tires that have the potential to harbor insects. . rodents.fleas,ticks,or other animals that can carrydisease to Yes humans 7. Is there any evidence of rodents. Yes 8. Is the property within 1,000 feet eta residence or otherbusiness: ? No r 9. Are there working utilities- al. No 10. Are there any nuisance violations that were cited: Yes o 1 If yes,the citation was given for:______ General Comments:_ _ (vPr« It .1cs~e".nnrc.+[...4`-- - 7.C.1. i Inspector:_ _ confirms the premises Is tit and ;S::: 1. 1, proper ror the main nance and operation of such a business. If' y 3 rya ' b n { s z. s..m4. ' ;d:a fi .VP'%:A as 7' , a ce • ! : Y+`' 4_ a t 4i 'ttzu.,' 7, .•1 i-,'..:41,;41 of,I: , : 'j1«..• • .. r . . . 1 II , .. . p, -1: ,. ' .. i . ,.: i P • ,ie. .IllIl .'.t . 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'-• •--- - ..' kV•X•-•it.,'7,•• •'' •or 41v.i.i, A,',::1.,..,, .,.,1, i.ayer.r.::,-,.... t,., * r.t..,.........`'..;.4',.K.r.,.--......tv . : 11•21: WA r14,•.i1.4.4,.,: c,'-.;,.;!. fl,'1),n • .1--"=7:-. _ - - 8/....oll3,4K ..ir.",•- .'1,...'; 1 ,'''..T.;:'•-Itt IN,- • •it. ''' . • dor,"• 1 ", .' - • '.,-• •. I t. . t•. _ f- '.. - ' . t 1.....:, i;'• ' - t . .„. . I I) 1• A t• i WI 1Y I I li 1. • -‘;• ' I 4, .. , . 1 ..• iiih' ' r 2 4lir4r- ' I 1.. t II': I'.-. ' , 1:' j• V.';''.4,,,i 4.rail,.k r j di .• tf c• wit_ , • . 1 I 7. ii Michelle Adams From: Jarveair Bourn Sent: Tuesday,January 7, 2025 11:37 AM To: Michelle Adams; DL-SBPDOutreach Subject: Re: Business License Apps. Attachments:OmniSource.pdf South Bend Police Department Recommends renewal for Omni Source. Paperwork attached to this email. Sergeant Jarveair Bourn Community Resource-Nuisance Properties Strategic Intel Office-SIO South Bend(IN) Police Department I Operations Division jbourn@southbendin.gov 574-235-9401 From: Michelle Adams<madams@southbendin.gov> Sent:Thursday,January 2, 2025 3:59 PM To: DL-SBPDOutreach <DL-SBPDOutreach@southbendin.gov> Subject: Business License Apps. Good afternoon Officers, Please find attached 4 business license renewal applications for your review and recommendation. All 4 recommendations should be emailed directly to me. Also attached is a checklist for the Scrap Metal Dealer review process. SCRAP METAL DEALERS OmniSource —1305 Prairie Ave. Stevie's Enterprises—3109 S. Gertrude Paul's Auto Yard —3300 S. Main St. US Scrap & Recycling— 1610 Circle Ave. ALARM AGENT Fire Protection Service Thank You, rx x Michelre Adams City of South Bend r x' Business License Administrator Department of Community Investment 227 W.Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 r irerox aooui:oiaru' POLICE DEPARTMENT SCRAP YARD INVESTIGATION FORM DATE: .D1_- BUSINESS NAME: Q/$1 ft, 3oc..) L BUSINESS ADDRESS: .' 0f ^e. APPLICANT NAME: { L _ &CZ 1. Pursuant to Sec.4-51(e)(2)of the South Bend Municipal Code,the SBPD considered the criminal history of the applicant,if any,and the likelihood that granting the license will endanger the health,safety or welfare of the public. A report of the investigation and a copy of the traffic and police record of the applicant,if any,and the recommendation of the Police Department shall be attached to the application and forwarded to the Business License Administrator. Comments: NM 2. Pursuant to Sec.4-51(f)SBPD Property Nuisance Officer verified compliance with al.noise regulations set forth in Sec. 13-82 of the South Bend Municipal Code. Comments: ../v I A 3. Pursuant to Sec.4-51(q)SBPD verified there is video surveillance monitoring all business transactions(if applicable). 4. Pursuant to Sec.4-51(k)(1)SBPD Records Division verified the applicant is maintaining a physical sales report of scrap metal and/or valuable metals. Each dealer or operator must keep and preserve data on or through an electronic or computer data system database daily for the preceding 24-hou-period of all purchases of any scrap metal and valuable metal items, unless exempted by crdinance. Such information shall be sent via electronic forms of transmissioni ' to the SBPD using the Records Management System,Leads Online.(if applicable) VComments: e.<' c.e After reviewing Police records for the applicant and business address,the SBPD•ecomrnends the license be(circle on rants /denied. Sf f Scje c oucn 0..1 Officers Name and Title H141 r.rm'S eSO Perm,t F! Done Permit 1305 Prairie Ave. ISSUED EMectrve Date between 01 a n.,r ; ta.;'t n}=r+ SiteY'I:'_{?'iYr;i?.?rt'•L"t:-lr:Y.•f d t. jib t, n '' Scrap Metal License Orrin Source Corp. JS3t$LD 1602 S.Lafayette I 1305 Prairie AVE South Bend IN 466'3 1S;urD 1305PrairieAwe. County St Joseph a•:i :a: >-+ 'lel 01/02/2025 c.:r+e 01/07/2025 ptrar.on 01/07/2026 ilj 'nr"1 01/07/2025 iu:61'3r,_t 3v Jeff Yoder 01/07/2025 3, Jeff Yoder 1 Passed,0 Failed.0 Not Applicable SCR2025-001 Exp.jan 31st The inspection needs to be completed within 10-days of receivirg the application. a 1305 Praise Ave OmniSource.pdf 146111.11* View is y 1. 1.M...-.IA....w.,r-.-....Nn..../........7 M........9.....-..al..l-C 7f 1.'f..A..COCA AS07..A..0 1,1C0fl4 41.14.00 SOUTH BEND FIRE DEPARTMENTS INSPECTION REPORT OMNISOURCE CORPORATION, OHNISOURCE CORP., 1305 PRAIRIE AVE, BLDG OUNISOURCE CORP.,SOUTH BEND IN 46613-1603 440 DETAILS Inspection Date:01/07/2025 inspection Type:Scrap Metal Dealers/Junk Dealers/Recycling Inspection Number:7039 Shift: N/A Station: Station 5 : Unit: N/A ; Lead inspector:Jeff Yoder Ocher Inspectors: N/A VIOLATIONS AND COMPLIANCES Showing only resolved violations,passed codes,violations,NIA codes, and images for this inspection.Please reach out CO the lead inspector for more details. Resolved Violations:0 Passed Codes:51 I Violations:0 N/A Codes:0 STATUS CODE DESCRIPTION PASS 1004.3-Posting of occupant Every room or space that is an assembly occupancy shall have the occupant load load of the room or space posted in a conspicuous place,near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. PASS 1030.1 -General The means of egress for buildings or portions thereof shall be maintained in accordance with this section. PASS 1030.2-Reliability Required exit accesses.exits and exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency when the building area served by the means of egress is occupied.An exit or exit passageway shall not be used for any purpose that interferes with a means of egress. PASS 1030.3-Obstructions A means of egress shall be free from obstructions that would prevent its use, including the accumulation of snow and ice. Page 1 of 12 STATUS CODE DESCRIPTION PASS 1030.4-Exit signs Exit signs shall be installed and maintained in accordance with Section 1011. Decorations,furnishings,equipment or adjacent signage that impairs the visibility of exit signs.creates confusion or prevents identification of the exit shall not be allowed. PASS 1030.5-Nonexit identification Where a door is adjacent to,constructed similar to and can be confused with a means of egress door,that door shall be identified with an approved sign that identifies the room name or use of the room. PASS 1030.6-Finishes,furnishings Means of egress doors shall be maintained in such a manner as to be and decorations distinguishable from the adjacent construction and finishes such that the doors are easily recognizable as doors. Furnishings,decorations or other objects shall not be placed so as to obstruct exits,access thereto. egress therefrom,or visibility thereof.Hangings and draperies shall not be placed over exit doors or otherwise be located to conceal or obstruct an exit. Mirrors shall not be placed on exit doors.Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit. PASS 1C30,7-Emergency escape Required emergency escape and rescue openings shall be maintained in and rescue openings accordance with the code in effect at the time of construction,and the following: Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars,grilles,grates or similar devices are allowed to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the emergency escape and rescue opening. PASS 1030.8*-Testing&All two-way communication systems for areas of refuge shall be inspected and maintenance rested on a yearly basis to verfy that all components are operational.When necessary, the tests shall be conducted in the presence of the fire code official Page 2 of 12 STATUS CODE DESCRIPTION PASS 1030.9-Floor identification The floor identification signs required by Sections 1022.9 and 1 104.23 shall oe signs maintained in an approved manner. PASS 1104.18•Exit access travel Exits shall be located so that the maximum length of exit access travel,measured distance from the most remote point to an approved exit along the natural and unobstructed path of egress travel,does not exceed the distances given in Table 1104.17.2. PASS 1104.19-Common path of The common path of egress travel shall not exceed the distances given in table egress travel 1104.17.2. PASS 1104.23-Stairway floor Existing stairs shall be marked in accordance with Section 1022.9 number signs PASS 1104.3•Exit sign illumination Exit signs shall be internally or externally illuminated.The face of an exit sign illuminated from an external source shall have an intensity of not less than 5 footcandles(54 lux).Internally illuminated signs shall provide equivalent luminance and be listed for the purpose.Exception:Approved self-luminous signs that provide evenly illuminated lette-s shall have a minimum luminance of 0.06 foot lamberts(0.21 cd/m2). PASS 1104.4 Power source Where emergency illumination is required in Section 1104.5,exit signs shall be visible under emergency illumination conditions. Exception:Approved signs that provide continuous illumination independent of external power sources are not required to be connected to an emergency electrical system. Page 3 of 12 STATUS CODE DESCRIPTION PASS 1104.5-Illumination The power supply for means of egress illumination shall normally be provided by emergency power the premises'electrical supply.In the event of power supply failure,illumination shall be automatically provided from an emergency system for the following occupancies where such occupancies require two or more means of egress: 1. Group A having 50 or more occupants.Exception:Assembly occupancies used exclusively as a place of worship and having an occupant load of less than 300.2. Group B buildings three or more stories in height buildings with 100 or more occupants above or below a level of exit discharge serving the occupants or buildings with 1,000 or more total occupants. 3.Group E in interior stairs, corridors,windowless areas with student occupancy, shops and laboratories.4. Group F having more than 100 occupants. Exception: Buildings used only during daylight hours which are provided with windows for natural light in accordance with the International Building Code. OAR 837,Division 41 is not part of this code but is reproduced or paraphrased here for the reader's convenience. OAR 837, Division 41 regulates exitway protection.5.Group I.6.Group M. Exception: Buildings less than 3,000 square feet(279 m2)in gross sales area on one story only,excluding mezzanines.7.Group R-1.Exception:Where each sleeping unit has direct access to the outside of the building at grade.B.Group R-2.Exception: Where each dwelling unit or sleeping unit has direct access to the outside of the building at grade.9.Group R-4.Exception:Where each sleeping unit has direct access to the outside of the building at ground level. PASS 1104.8-Opening force for The opening force for interior side-swinging doors without closers shall not doors exceed a Spound(22 N)force. For other side-swinging,sliding and folding doors, the door latch shall release when subjected to a force of not more than 15 pounds(66 N).The door shall be set in motion when subjected to a force not exceeding 30 pounds(133 N).The door shall swing to a full-open position when subjected to a force of not more than 50 pounds(222 N). Forces shall be applied to the latch side. PASS 24.5-Design signage The installing contractor shall identify a hydraulically designed sprinkler system with a permanently marked weatherproof metal or rigid plastic sign secured with corrosion resistant wire, chain,or other approved means. Such signs shall be placed at the alarm valve,dry pipe valve.preaction valve,or deluge valve supplying the corresponding hydraulically designed area.The sign shall include the following information:(1)Location of the design area or areas(2)Discharge densities over the design area or areas(3) Required flow and residual pressure demand at the base of the riser(4)Occupancy classification or commodity classification and maximum permitted storage height and configuration(5)Hose stream allowance included in addition to the sprinkler demand(6)The name of the installing contractor Page 4 of 12 STATUS CODE DESCRIPTION PASS 24.6-General signage The installing contractor shall provide a general information sign used to determine system design basis and information relevant to the inspection, testing,and maintenance requirements required by NFPA 25. Standard for the inspection.Testing,and Maintenance of Water-Based Fire Protection Systems. 24.6.1.1 Such general information shall be provided with a permanently marked weatherproof metal or rigid plastic sign,secured with corrosion-resistant wire. chain,or other acceptable means.24.6.1.2 Such signs shall be placed at each system control riser,antifreeze loop,and auxiliary system control valve.24.6.2. The sign shall include the following information:(1)Name and location of the facility protected(2)Occupancy classification(3)Commodity classification(4) Presence of high-piled and/or rack storage(5)Maximum height of storage planned(6)Aisle width planned(7)Encapsulation of pallet loads(8)Presence of solid shelving(9)Flow test data(10)Presence of flammable/combustible liquids 11)Presence of hazardous materials(12)Presence of other special storage(13) Location of auxiliary drains and low point drains on dry pipe and preaction systems(14)Original results of main drain flow test(15)Name of installing contractor or designer(16)Indication of presence and location of antifreeze or other auxiliary systems PASS 304.1 -Waste accumulation Combustible waste material creating a fire hazard shall not be allowed to prohibited accumulate in buildings or structures or upon premises. PASS 304.1.1 -Waste material Accumulations of wastepaper,wood, hay,straw,weeds,litter or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof or in any court,yard,vacant lot, alley,parking lot.open space,or beneath a grandstand,bleacher,pier.wharf or other similar structure. PASS 304.1.2*-Vegetation Weeds,grass.vines or other growth that is capable of being ignited and endangering property,shall be cut down and removed by the owner or occupant of the premises. PASS 315.1 -General Storage shall be in accordance with Sections 315.2 through 315.4. t-d nil r _s a a9 , Page 5 of 12 STATUS CODE DESCRIPTION PASS 315.3.1 -Ceiling clearance Storage shall be maintained 2 feet(610 mm)or more below the ceiling in nonsprinklered areas of buildings or a minimum of 18 inches(457 mm)below sprinkle: head deflectors in sprinklered areas of buildings. Exception:Sidewall storage to a maximum depth of thirty(30)inches(seventy-six and two-tenths 76.2)centimeters)shall be acceptable to the ceiling in non-sprinkiered buildings. PASS 315.3.2-Means of egress Combustible materials shall not be stored in exits or enclosures for stairways and ramps. PASS 315.3.3-Equipment rooms Combustible material shall not be stored in boiler rooms,mechanical rooms or electrical equipment rooms. PASS 315.4-Outside storage Outside storage of combustible materials shall not be located within 10 feet(3048 mm)of a lot line. Exceptions: 1.The separation distance is allowed to be reduced to 3 feet(914 mm)for storage not exceeding 6 feet(1829 mm)in height.2.The separation distance is allowed to be reduced when the fire code official determines that no hazard to the adjoining property exists. PASS 505.1 -Address identification New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property.These numbers shall contrast with their background.Address numbers shall be provided in additional approved locations to facilitate emergency response.Address numbers shall be Arabic numbers or alphabetical letters.Numbers shad be a minimum of 4 inches(101.6 mm)high with a minimum stroke width of 0.5 inch 12.7 mm).Where access is by means of a private road and the building cannot be viewed from the public way,a monument, pole or other sign or means shall be used to identify the structure.Address numbers shall be maintained, Exception: Secured sites manned with on site,full-time 24 hour response teams who escort responding fire departments may omit address numbers,building numbers or building identification on individual buildings. Page 6 of 12 STATUS CODE DESCRIPTION PASS 506.1*-Where required Whenever the servicing lire department has instituted a key box emergency access system.a key box compatible with that system shall be installed in an accessible location if:(1)The building is protected with an automatic sprinkler system equipped with a local or transmitted water-Flow alarm,or(2)The building is provided with any fire alarm system equipped with an outside audible/visual signaling device,or(3)The building is provided with any fire alarm system where the alarm is transmitted to an off-site location, or to the fire alarm center for the servicing fire department. PASS 506.1.1 -Locks An approved lock shall be installed on gates or similar barriers when required by the fire code official. PASS 509.1*-Identification Fire protection equipment shall be identified in an approved manner. Normally closed rooms containing air handling equipment over 2.000 CFM,rooms containing a water heater or boiler over 400,000 BTU/HR input.sprinkler risers, sprinkler control valves,fire alarm control panels, smoke evacuation system control panels,or control panels for wet chemical,dry chemical,foam,carbon dioxide and clean agent systems shall be identified for the use of the servicing fire department.Approved signs required identifying fire protection equipment locations shall be constructed of durable materials.lettering shall be in contrast with the background and be permanently installed and readily visible. PASS 509.1.1 -Utility identification Gas shutoff valves,electric meters,service switches and other utility equipment shall be clearly and legibly marked to identify the unit or space that it series. Identification shall be made in an approved manner,readily visible and shall be maintained. PASS 5303.5.2•Physical protection Compressed gas containers,cylinders,tanks and systems which could be exposed to physical damage shall be protected.Guard posts or other approved means shall be provided to protect compressed gas containers,cylinders,tanks and systems indoors and outdoors from vehicular damage and shall comply with Section 312. Page 7 of 12 STATUS CODE DESCRIPTION PASS 5303.5.3 -Securing Compressed gas containers,cylinders and tanks shall be secured to prevent compressed gas containers. falling caused by contact.vibration or seismic activity. Securing of compressed cylinders and tanks gas containers.cylinders and tanks shall be by one of the following methods: 1. Securing containers. cylinders and tanks to a fixed object with one or more restraints.2.Securing containers,cylinders and tanks on a cart or other mobile device designed for the movement of compressed gas containers,cylinders or tanks.3. Nesting of compressed gas containers,cylinders and tanks at container filling or servicing facilities or in seller's warehouses not accessible to the public. Nesting shall be allowed provided the nested containers,cylinders or tanks. if dislodged,do not obstruct the required means of egress.4.Securing of compressed gas containers,cylinders and tanks to or within a rack,framework, cabinet or similar assembly designed for such use.Exception:Compressed gas containers,cylinders and tanks in the process of examination, filling,transport or servicing. PASS 605.1 -Abatement of Identified electrical hazards shall be abated. Electrical wiring,devices, appliances electrical hazards and other equipment that is modified or damaged and constitutes an electrical shock or fire hazard shall not be used. PASS 605.3-Working space and A working space of not less than 30 inches(762 mm)in width,36 inches(914 mm) clearance in depth and 78 inches(1,981 mm)in height shall be provided in front of electrical service equipment.Where the electrical service equipment is wider than 30 inches(762 mm),the working space shall be not less than the width of the equipment. No storage of any materials shall be located within the designated working space.Exceptions: 1. Where other dimensions are required or allowed by NFPA 70.2.Access openings into attic or underfloor areas,which provide a minimum clear opening of 20 inches(509 mm)by 40 inches(1,016 mm). PASS 605.3.1 -Labeling Doors into electrical control panel rooms shall be marked with a plainly visible and legible sign stating ELECTRICAL ROOM or similar approved wording.The disconnecting means for each service,feeder or branch circuit originating on a switchboard or panelboard shall be legibly and durably marked to indicate its purpose unless such purpose is clearly evident. PASS 605.4-Multiplug adapters Multiplug adapters. such as cube adapters.unfused plug strips or any other device net complying with NFPA 70 shall be prohibited. Page 8of12 STATUS CODE DESCRIPTION PASS 605.4.2-Power supply Relocatable power taos shall be directly connected to a permanently installed receptacle. PASS 605.5-Extension cords Extension cords and flexible cords shall not be a substitute for permanent wiring. Extension cords and flexible cords shall not be affixed to structures, extended through walls, ceilings or floors,or under doors or floor coverings, nor shall such cords be subject to environmental damage or physical impact.Extension cords shall be used only with portable appliances. PASS 605.5.1* Extension cords Extension cords shall be plugged directly into an approved receptacle,except for approved multiplug extension cords,shall serve only one portable appliance. PASS 605.6-Unapproved Open junction boxes and open-wiring splices shall be prohibited.Approved conditions covers shall be provided for all switch and electrical outlet boxes. PASS 703.1 -Maintaining The required fire-resistance rating of fire-resistance-rated construction(including walls,firestops,shaft enclosures,partitions, smoke barriers. floors,fire-resistive coatings and sprayed fire-resistant materials applied co structural members and fire-resistant joint systems)shall be maintained.Such elements shall be visually Inspected by the owner annually and drapery repaired.restored or replaced when damaged,altered, breached or penetrated.Where concealed,such elements shall not be required;c be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel. access door, ceiling tile or similar movable entry to the space. Openings made therein for the passage of pipes.electrical conduit,wires, ducts,air transfer openings and holes made for any reason shall be protected with approved methods capable of resisting the passage of smoke and fire.Openings through fire- resistance-rated assemblies shall be protected oy selfor automatic-closing doers of approved construction meeting the fire protection requirements for the assembly. Pege 9 of 12 STATUS CODE DESCRIPTION PASS 703.2*-Opening Protectives Opening protectives shall be maintained in accordance with the rules of the commission.Where allowed by the fire code official,the application of field- applied labels associated with the maintenance of opening protectives shall follow the requirements of the approved third-party certification organization accredited for listing the opening protective. Fire doors and smoke barrier doors shall not be blocked or obstructed,or otherwise made inoperable. Fusible links shall be replaced promptly whenever fused or damaged.Fire door assemblies shall not be modified. PASS 901.5.1 -Occupancy tt shall be unlawful to occupy any portion of a building or structure until the required fire detection,alarm and suppression systems have been tested and approved. PASS 901.6-Inspection,testing and Fire detection,alarm,and extinguishing systems,mechanical smoke exhaust maintenance systems.and smoke and heat vents shall be maintained in an operative condition at all times,and shall be replaced or repaired where defective. Nonrequired fire protection systems and equipment shall be inspected,tested and maintained or removed. PASS 904.4- Inspection and testing Automatic fire-extinguishing systems snail be Inspected and tested in accordance with the provisions of this section prior to acceptance. Page 10 of 12 STATUS CODE DESCRIPTION PASS 906.2•General requirements Portable fire extinguishers shall be selected.installed and maintained in accordance with this section and NFPA 10. Exceptions: 1.The travel distance to reach an extinguisher shall not apply to the spectator seating portions of Group A-5 occupancies. 2.Thirty-day inspections shall not be required and maintenance shall be allowed to be once every three years for dry-chemical or halogenated agent portable fire extinguishers that are supervised by a listed and approved electronic monitoring device.provided that all of the following conditions are met:2.1.Electronic monitoring shall confirm that extinguishers are properly positioned, properly charged and unobstructed.2.2. Loss of power or circuit continuity to the electronic monitoring device shall initiate a trouble signal.2.3. The extinguishers shall be installed inside of a building or cabinet in a noncorrosive environment.2.4. Electronic monitoring devices and supervisory circuits shall be tested every three years when extinguisher maintenance is performed.2.5.A wrtten log of required hydrostatic test dates for extinguishers shall be maintained by the owner to verify that hydrostatic tests are conducted at the frequency required by NFPA 10.3. in Group I-3,portable fire extinguishers shall be permitted to be located at staff locations. PASS 907.8 -Inspection,testing and The maintenance and testing schedules and procedures for fire alarm and fire maintenance detection systems shall be in accordance with Sections 907.8.1 through 907.8.5 and NFPA 72. PASS ADDRESS 18-56-Exhibit a)The owner or occupant of every house or business place in the City shall place number:size of figure. the number assigned to his jot or part of lot by the City Engineer in a conspicuous place on the side of or above the front door of such house or building.(b)Such number shall consist of figures not less than three(3)inches in length and so made or marked as to be distinctly and easily read PASS IC22-12.8-2 Violations; A person who violates:(1)a rule adopted under this article.IC 22-13, IC 22-14,or infraction IC 22-15;(2)a condition of a permit,certification,registration. release, authorization,variance, exemption.or other license issued under this article,IC 22-13,IC 22-14,IC 22-15;or(3)any other order issued under this article,IC 22-13. IC 22-14,IC 22-15;commits a Class C infraction. GENERAL NOTES Page 11 of 12 Douglas Hylkema-09/04/2024 @ 07:16 NFPA 25 SPRINKLER INSPECTION 8-26-24:DEFICIENCIES=BUILDING PARTIALLY SPRINKLERED IFC 903.3.1.1 NFPA 13 chapter 4.1,BELL IS NOT WIRED TO FLOW ALARM IFC 903.4 NFPA 25 5.2.5 and 13.3.3.3.5.2, NEXT INSPECTION RAFT 01/07/2U1b CONTACT SIGNATURE Ali Hernandez 1/07/2025 Signed on:01/07/2025 @ 14:59 A2347— INSP1CTO11 SMIATdUE Jeff Yoder Signed on:01/072025 @ 14:59 QUESTIONS AIONT YOUR INSPECTION? Jeff Yoder jyoder@southbendin.gov No phone number available Page 12 or 1? Michelle Adams From: Allison Doctor Sent: Friday, February 28, 2025 12:52 PM To: Caleb Bauer; Sarah Schaefer; Sandra Kennedy; Adam E. Taylor; lenna Throw Cc: Michelle Adams Subject Hurwich Iron active violations Attachments:Hurwich Iron VFC violations.pdf Follow Up Flag: Follow up Flag Status: Flagged Good afternoon, Quick update on scrap metal environmental violations—besides KC Investments/Circle Ave, none of the scrap metal businesses with pending licenses have active notices of violation listed in the VFC. As for HIC/Circle Ave, I've attached a document that outlines the notice of violation and active violations organized by perceived relevancy. The main takeaway is that HIC/Circle Ave has unlabeled and unidentified liquids in containers and spills located throughout the property. Materials had spilled from rusted drums onto the ground and there was an unidentified gray material, both near the silo and baghouse. Additionally,they have not obtained an EPA ID #or registered as a large quantity generator for hazardous materials when removing hazard materials from the site. For reference: Notice of Violation and Proposed AgreesLQrder Document detai i gfailuretor€spond tQviolati4ns_and_.initialviolations observed.during_A.Ugust 12, 2024, site.visi_t Happy to provide a more detailed summary of the initial site visit as needed. Let me know if you have any questions! Thanks, Allison Artisan Doctor 4,—'=«'A:, Project Manager Iiii" 1/4 , Environmental &erownfields Department of Community Investment 227 W.Jefferson Blvd.,Suite 1400 S. South Bend,IN 46601 574)235-9337 www.so u th bendi n.govi www.south bend i n.gov We deliver services that empower everyone to thrive. 1 Michelle Adams From: Skip Morrell Sent: Wednesday, March 5, 2025 12:45 PM To: Sarah Schaefer; Elizabeth Maradik;Abby Wiles;Jim Wood; Kenisha L.Wells; Michelle Adams; Erik Gavich; Kari Myers; Michael Divita;Tim Corcoran Cc: Caleb Bauer Subject Re: Follow-up from business license compliance meeting Attachments:Scrap Metal Review-Zoning Compliance.pdf; Buffer Types.pdf Hi all, Jim and I visited scrap the metal sites to observe fencing. Along many property lines a buffer would not be required by zoning since the lots abut other I Industrial sites.Where a buffer would be required,fencing was legal non-conforming in every case and would require an upgrade (adding shrubs, trees, or made solid)to meet current standards. I put together a visual document to show what the zoning ordinance would require at each site and current conditions. I've also attached the page from the ZO that calls out various buffer types. Best, ur Skip Morrell Principal Development Planner City of South Bend1SPEACE ; Department of Community Investment-Zoning amorrell@southbendin,gov ta365 574)235-7625 From:Sarah Schaefer<sschaefer@southbendin.gov> Sent:Tuesday, February 25, 2025 5:18 PM To: Elizabeth Maradik<emaradik@southbendin.gov>; Abby Wiles<awiles@sjcindiana.gov>;Jim Wood jwood@southbendin.gov>; Kenisha L. Wells<kwells@southbendin.gov>; Michelle Adams madams@southbendin.gov>; Erik Glavich<eglavich@southbendin.gov>; Skip Morrell<amorrell@southbendin.gov>; Kari Myers<kmyers@southbendin.gov>; Michael Divita <mdivita@southbendin.gov>;Tim Corcoran tco rco ra @so uthbend i n.gov> Cc:Caleb Bauer<cbauer@southbendin.gov> Subject: Follow-up from business license compliance meeting Thank you for meeting today to discuss compliance and enforcement for business licenses. Here are the follow-up items we discussed: For all municipal business license Questions,contact: City of South Bend•Ordinance vio::ation Bureau C j227WestJeffersonBlvd•Suite 455•South Bend,Indiana 46601•574.235.6052•4.574.235.9173 REC A^, 17;),f ro LICENSE APPLICATION FOR—SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION —4-51 I.APPLICATION TYPE Check One: New Renewal X A.Scrap Metal Dealer x Junk Dealer Recycling Operation X II.BUSINESS DATA A, Business Name: Repubit services B.Business Address: 2500 Greens tea,drive City: Scum Band State:!n Zip: 46613 C.Mailing Address(If different from above): City: State: Zip: D. Business Telephone Number: t-674-320-6206 E.Business Fax Number: F. E-Mail Address rr,ass+emann(grepudicserrices-axn IndG. Zoning of Proposed Business Location: Ind H. Lot Size of Premises:10 acres 2)5 tjeC I. Type of Fencing Used:8 root',gh iacLnty fnncng J. Is the Property Owned or Leased by the Applicant:Owned 1. Name of Owner if Property is Leased: 2.Business Address of Owner. fasocw Alba way.Phoenix Arizona. Please Continue to Page 2(back of sheet) F E B 1 c 2025 For Office Use Only Application Filed Fire Dept.Approval fEP")I7 Application Fee PaiiiFR 1 ). 2117c. c1r;nlnsj Dept.Approval fE1\jf .)C.fiLS Sent to Dept. 7P. 9 Code enforcement rfR i• i/ 5 Police Dept. Records Approval > i71 7k Police Dept.Crime Prey.Approval ric S21 I7. . Common Council Ap r val License Number SL.I. t c —C(r 1 License Fee Paid HIE Not Approved Reason For aII municipal business license que ttons,contact: City of South Bend•Ordinance Vio ation Bureau227Westlef'erson Blvd•Suite 455•South Bend,Indiana 46601•574.235.6052•F.574.235.9173 LICENSE APPLICATION FOR-SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION-4-51 HI. PERSONAL DATA A.Applicant's Legal N • Ron Havemann 8.Residentia City: Scat Zip: C. Residential Telephone Number: 1-574-747-7855 D.Celephone Number, 1-574-747-7855 E.Social Security G.Date of Birth: I. Position with Business IV.INCLUDE,WITH APPLICATION,A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES,BUILDINGS, PARKING SPACES,LOADING DOCKS,FUEL STORAGE,AND LANDSCAPING. V.INCLUDE$5.00 PROCESSING FEE WITH APPLICATION VI.AFFIRMATION I,hereby,certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have In no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer/Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code,Section 4-51. Z) o.-F4/vg°2-5--- Signature Date 2 BOWMAN IGREEK . Hy.,FACILITY E___..„ ENTRANCE Jf, ® 0:9 I RAMP DRAlN1500 GALLON OLD TRANSFER . J CLEANOUT LOADING M.R.F. TOP FLOW PIPE DOCK DRAINS TO SOUTH• BEND COMBINED 1 SEWERS LOAD OUT DRIVE THRU•• ilmmilimmilmo TRUCK- . 0 • s DOCK A_ CIEANOUT RAIN — I. STORAGE i 1500 GALLO o BUILDING ! DRY WELLS z v z W i At - \aca sa_\GS L- frisEt_ m Al `m,CL i C StL 1EL f NS - 2cA c __ iiu-tA n i_ SCALE / R4 - L CAL flit 1L HOUSE/OFFICE L__ A S - S± GAL_1,4t-k' 011_ II h-(3 A-11 55' cetio L, ia&S WI tL, "A19_1.EiE-1 (11;1I Tait-L FLOOR A-¢ - A-1 1 4'DRAINS A-6 L A-5 A A-4 'MA 11 a-2 t r ,, LuEND I APPROX ATE PROPERTY LINE • FIRE EXTFNCUiS-ER FENCE SPILL KIT 1 wno QIREcIION OF STORMWATER FLAW 0 FLOOR CHAIN OWNING or To SCALE r.otivnnx_ FACILITY SITE RAN wr.A:'r ri+-.' GRUM TECH TRAMS 4 RECYCLING,U.E.x+tr 41 [ RJD1U cos v=.rw.r ra "` i:7a SElYIC S, IA1C. i SOtTTF.eat,..... o.yrrtiod.. 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I y I ^. per D.I 1 t L_______ il I' : r; t iji z_.s-ate= = In IOU, `_____.....___._ 14, Michelle Adams From: Kari Myers Sent: Friday, February 14, 2025 10:07 AM To: Michelle Adams Subject: RE: Scrap Metal Dealer App. Michelle- Republic Services-2500 Green Tech Dr. -The property located at 2500 Green Tech Dr. is zoned I Industrial and a Scrap Metal Dealer/Recycling Operations use is not allowed by right in this district, however,the current use has been in continuous operation prior to the adoption of our current Zoning Ordinance and is therefore considered legal non-conforming. Any outdoor storage of material needs to remain below the fence line. Let me know if you have any questions. Xari Myers Zoning Specialist Department of Community Investment 227 W.Jefferson Blvd.,Suite 1400 S. South Bend,IN 46601 574)235-5932 www.southbendin.gov/zoning We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment From: Michelle Adams<madams@southbendin.gov> Sent: Wednesday, February 12, 2025 4:28 PM To: Kari Myers<kmyers@southbendin.gov> Subject:Scrap Metal Dealer App. Hi Kari, RE: Republic Services-2500 Green Tech Dr.-Zoned Industrial Attached is a Scrap Metal Dealer/Recycling Operations application for your review and recommendation. Thank You, TN. , y 3ttcheCCe Adams iliilw ce., City of South Bend Business License Administrator i;• .: "- -; Department of Community Investment 227 W.Jefferson Blvd.,Suite 1400 S. South Bend, IN 46601 574)235-5912 1 Michelle Adams From: Jim Wood Sent: Friday, February 14, 2025 2:29 PM To: Michelle Adams Subject: Re: Scrap Metal Dealer App. Attachments:IMG_6718.jpeg; IMG_6695.jpeg; IMG_6696.jpeg; IMG_6700.jpeg; IMG_6699.jpeg; IMG_ 6698.jpeg; IMG_6697.jpeg; IMG_6694.jpeg Michelle This one is good to go Jim Sent from the iPad of Jim Wood Chief Inspector Neighborhood Services and Enforcement City of South Bend From: Michelle Adams <madams@southbendin.gov> Sent: Wednesday, February 12,2025 4:29:19 PM To:Jim Wood <jwood@southbendin.gov> Subject:Scrap Metal Dealer App. Hi Jim, RE: Republic Services—2500 Green Tech Dr. Attached is a Scrap Metal Dealer application for your review/inspection and recommendation. Thank You, k y lviickeI1 Adams y,t?`:; City of South Bend F,. Business License Administrator 1 to ,. 2 Department of Community Investment s.\ `"-'-- 227 W.Jefferson Blvd.,Suite 1400 S. 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Ct 1 b...., .. 40,00_. t., ...t.i....... f 1 1 il 4441P INJOriv, v.,,,..- .44-"ft••••••. i.:,...., -- dR 4 40 c I, I — t11Plik i n, I- I 4 i z E 4 I 0 ai_ , irnimmiiiiiiiis. POLICE DEPARTMENT SCRAP YARD INVESTIGATION FORM DATE:02-17-2025 BUSINESS NAME:Republic Services BUSINESS ADDRESS: 2500 Green Tech Drive APPLICANT NAME: Ron Havemann 1. Pursuant to Sec.4-51(e)(2)of the South Bend Municipal Code,the SBPD considered the criminal history of the applicant,if any,and the likelihood that granting the license will endanger the health,safety or welfare of the public. A report of the investigation and a copy of the traffic and police record of the applicant,if any,and the recommendation of the Police Department shall be attached to the application and forwarded to the Business License Administrator. Comments:No issues 2. Pursuant to Sec.4-51(f)SBPD Property Nuisance Officer verified compliance with alt noise regulations set forth in Sec.13-82 of the South Bend Municipal Code. Comments:No issues 3. Pursuant to Sec.4-51(q)SBPD verified there is video surveillance monitoring all business transactions (if applicable). 4. Pursuant to Sec.4-51(k)(1)SBPD Records Division verified the applicant is maintaining a physical sales report of scrap metal and/or valuable metals. Each dealer or operator must keep and preserve data on or through an electronic or computer data system database daily for the preceding 24-hour period of all purchases of any scrap metal and valuable metal items, unless exempted by ordinance. Such information shall be sent via electronic forms of transmission to the SBPD using the Records Management System,Leads Online. (if applicable) Comments:Not registered with LeadsOnline After reviewing Police records for the applicant and business address,the SBPD recommends the license be(circle one)granted/denied. Jarveair Bourn Sgt. Officers Name and Title Michelle Adams From: Havemann, Ron <RHavemann@republicservices.com> Sent: Wednesday, March 26, 2025 11:13 AM To: Michelle Adams Subject: RE: Scrap Metal Dealer Application Good morning, Michelle. I have completed the leads online. From: Michelle Adams<madams@southbendin.gov> Sent: Monday, March 24,2025 4:26 PM To: Havemann, Ron<RHavemann@republicservices.com> Subject: RE: Scrap Metal Dealer Application This Message Is From an External Sender Report Suspicious This message came from outside your organization. It is the electronic reporting system the SBPD uses, and is required per Municipal Code Section 4-51. MicCCe Adams City of South Bendy, 74'r Business License Administrator Department of Community Investment 227 W.Jefferson Blvd.,Suite 1400 S. South Bend, IN 46601 574)235-5912 From: Havemann, Ron<RHavemann@republicservices.com> Sent: Monday, March 24, 2025 4:15 PM To: Michelle Adams<madams@southbendin.gov> Subject: RE:Scrap Metal Dealer Application Good afternoon, Michelle. My Gm is asking what the purpose of this is since we never had to fill this out before. From: Michelle Adams<madams@southbendin.gov> Sent: Monday, March 24, 2025 3:46 PM To: Havemann, Ron<RHavemann@republicservices.com> Subject: RE:Scrap Metal Dealer Application This Message Is From an External Sender Report Suspicious This message came from outside your organization. Good afternoon Ron, Please verify you received the email below and that you registered with LeadsOnline. If you have not done so already, it is very important that you do so as soon as possible. Thank You, Tkof.Michele Adams Y City of South Bend I Business License Administrator r ce Department of Community Investment l86i i 227 W.Jefferson Blvd.,Suite 1400 S. South Bend,IN 46601 574)235-5912 From: Michelle Adams Sent:Thursday, March 20,2025 10:49 AM To: Havemann, Ron<RHavemann@republicservices.com> Subject:Scrap Metal Dealer Application Good morning Ron, RE: Republic Services—2500 GreenTech Drive. During the South Bend Police Department (SBPD) review of the Scrap Metal Dealer application, it came to our attention that your company is not registered with LeadsOnline, which is the electronic reporting system theSBPDuses, and is required per Municipal Code Section 4-51. Here is the link to LeadsOnline, https://leadsonline.com/, please register your business as soon as possible. Thank You, NicfieCCe .Adams City of South Bend Business License Administrator r Ce .' s, Department of Community Investment 227 W.Jefferson Blvd.,Suite 1400 S. South Bend, IN 46601 574)235-5912 2 4114/YS,9:Yt1 AM r'ermits SO Permit VAR XPT Done 11 Perm, 2500 Green Tech Dr. ISSUED Effective Date betwrsnOYtt Print•Download•Email•Email Log•Revoke•Renew View ESO Properties Record t,:•.•Cron••Num Scrap Metal License ISSUtC 4124 Ameritech D; a.;;;i•r.ar: Green Tech Transfer&Recycling LLC Location 2500 Green Tech DR South Bend IN 46613 ssu(O 930E. - •e contacts y.t Applicat on Filed 02/12/2025 Effective 02/13/2025 issuEr• 3201 Expiration 02/13/2026 wort. Authorized 02/13/2025 s tin s s .2500 Ghent r author zero By Jeff Yoder Issued 02/13/2025 Issued By Jeff Yoder Checklists 1 Passed,0 Failed,0 Not Applicable View Checklists Notes SCR2025-008 Exp.Jan.31st Please do the inspection within 10-days of the application date.Thank You! Attachments 2500 Green Tech Dr Republic Services_Redactecl.pdf View i . .; r 4O.n••..iN.7-1A0...4,A7-G..O•4_ACORAO e_k'IQOn15..711FZ 4i1 Michelle Adams From: Allison Doctor Sent: Friday, February 28, 2025 12:52 PM To: Caleb Bauer; Sarah Schaefer;Sandra Kennedy;Adam E.Taylor;Jenna Throw Cc: Michelle Adams Subject: Hurwich Iron active violations Attachments:Hurwich Iron VFC violations.pdf Follow Up Flag: Follow up Flag Status: Flagged Good afternoon, Quick update on scrap metal environmental violations—besides HIC Investments/Circle Ave, none of the scrap metal businesses with pending licenses have active notices of violation listed in the VFC. As for HIC/Circle Ave, I've attached a document that outlines the notice of violation and active violations organized by perceived relevancy. The main takeaway is that HIC/Circle Ave has unlabeled and unidentified liquids in containers and spills located throughout the property. Materials had spilled from rusted drums onto the ground and there was an unidentified gray material, both near the silo and baghouse. Additionally, they have not obtained an EPA ID #or registered as a large quantity generator for hazardous materials when removing hazard materials from the site. For reference: Notice of Violation nd.P.[QRQsed Agro-d Orde Document detaitingfaiture to respond to violations n initial violations observed duringAuguat 12.2024. site visit Happy to provide a more detailed summary of the initial site visit as needed. Let me know if you have any questions! Thanks, Allison ACCison Doctor Project Manager Environmental&Brownfields Department of Community Investment 227 W.Jefferson Blvd.,Suite 1400 S. South Bend,IN 46601 574)235-9337 www.south bendin.goviwww.southbendin.gov We deliver services that empower everyone to thrive. 1 Michelle Adams From: Skip Morrell Sent: Wednesday, March 5, 2025 12:45 PM To: Sarah Schaefer; Elizabeth Maradik; Abby Wiles;Jim Wood; Kenisha L. Wells; Michelle Adams; Erik Glavich; Kari Myers; Michael Divita;Tim Corcoran Cc: Caleb Bauer Subject: Re: Follow-up from business license compliance meeting Attachments:Scrap Metal Review -Zoning Compliance.pdf; Buffer Types.pdf Hi all, Jim and I visited scrap the metal sites to observe fencing. Along many property lines a buffer would not be required by zoning since the lots abut other I Industrial sites.Where a buffer would be required,fencing was legal non-conforming in every case and would require an upgrade (adding shrubs, trees, or made solid)to meet current standards. I put together a visual document to show what the zoning ordinance would require at each site and current conditions. I've also attached the page from the ZO that calls out various buffer types. Best, tTH Skip Morrell b' o eF\J Principal Development Planner u City of South Bend PEACE Department of Community Investment Zoning r Z amorrell@southbendin.gov 1865 i 574) 235-7625 From:Sarah Schaefer<sschaefer@southbendin.gov> Sent:Tuesday, February 25, 2025 5:18 PM To: Elizabeth Maradik<emaradik@southbendin.gov>;Abby Wiles<awiles@sjcindiana.gov>;Jim Wood jwood@southbendin.gov>; Kenisha L.Wells<kwells@southbendin.gov>; Michelle Adams madams@southbendin.gov>; Erik Glavich<eglavich@southbendin.gov>; Skip Morrell <amorrell@southbendin.gov>; Kari Myers<kmyers@southbendin.gov>; Michael Divita <mdivita@southbendin.gov>;Tim Corcoran tcorcora@southbendin.gov> Cc:Caleb Bauer<cbauer@southbendin.gov> Subject: Follow-up from business license compliance meeting Thank you for meeting today to discuss compliance and enforcement for business licenses. Here are the follow-up items we discussed: For al •nunKioal buunotc Wont*quectiors.contact. City of Sours Bend•Crdoarcs V opaUCn y ureat. 227 west Jefferson abed•Sate 455•5o4tti Send, ndlare 46601•;74.235.6052• 574.235.9:73 L ec It1t 73 5'3.5 eAs44 LICENSE APPLICATION FOR —SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION —4-51 i.APPLICATION TYPE Check One:/ New Renewal A.Scrap Metal Dealer V Junk Dealer Recycling Operatior II. BUSINESS DATA A.Business Name: 5/iet1•1 15 E s B. Business Address: Lff 1 S'Sef 1fHdc I/City: So Cldr state: /1 tip:1601r C. Mailing Ad iff rent from above): City: State: ±/1 D. Business Telephone Number. (-7 1 3? 1-;-O 7 E. Business Fax Number. F.E-Mail Address: f(of59s Ati"a/r1 j .1.corn G.Zoning of Proposed Business Location: +,u S4 i ,) H. How long has the business been in continuous operation: . t CI 40 IS I.Lot Size of Premises: l 8 I as-O b Sb 1+ J. Type of Fencing Used: IYk +-fa II n K_ K. Is the Property Owned or Leased by the Applicant: (2 U 1Cci 1. Name of Owner if Property is Leased: 2. Business Address of Owner: J12L AV rs,1 R,? L<,'ilk ,1 41,1Sb Please Continue to Page 2(back of sheet) For Office Use Only Application Filed jAM I) t APS Fire Dept.Approval :OW 4i) S045 Application Fee Paid;J A: ii f 9,] ZkilikIA Dept.Approval _iM1 aDla00.5 Sent to Dept i d Pi ) .. Lt Codet nforcement JA>n) L .4225 Police Dept.Records Approval JAt Q.)5 Police Dept.Crime Prey. Approval .1j4/1 7 av435 Common Council Approval License Number S cA 8{i 9y-CO License Fee Paid 7401 U 2 2025 Not Approved Reason 1 For 31:711MKIDil business Kense ouestrons.:ontact: City at South Bend•Ord“nance violation Bureau 227 west hRrr.0 •Lvd•;,r-a;;•Sourn Bend,Irdiana 46601•574.235.6052•F.574 235.9171 LICENSE APPLICATION FOR -SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION -4-51 III. PERSONAL DATA A. Applicant's Legal Nam • ircii e I" B Residential City: State: p: C. Residential Telephone Number D.Cellphone Number. ? E I. i I. usiness 1G1ls IV. INCLUDE,WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE,AND LANDSCAPING. V. INCLUDE$5.00 PROCESSING FEE WITH APPLICATION VI.AFFIRMATION I, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have In no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer/Recycling Operation/Transfer Station license found in the City of South Bend Mun,cipal Code,Section 4-51. fN A4 2 F-z1/ Signature Date 2 i N DIANA . DWYER'S LICENSE 41?-^%WI%MiNfrlia 0 Li.1111=11 .-•-031712025oft, : m&Er 4 i*-::fl If`•1 ta or Airgggi lg.troolgor232Oa,Palt elf.F..... _. • idiiho it-Vie 5 6 4&pr SCs Inc. M&M Corporation 2 0' No parking spaces, loading docks, or fuel storage. OPEN GRASS AREA 200' ' 610' l_ v 1 1 2e_r - 148' GERTRUDE ST. 1 ST4,Ve a,,-/ 6;:vioes Prw S1e_A-5 Sear\ tk_y E 7S l/c2 s N v, co Lit z. 24_nclt4 . 1,., rr. A a F Fes„ <. oc tJ co e-Kc fLD _ 3 i oq (2-c s r Michelle Adams From: Kari Myers Sent: Friday, January 10, 2025 9:25 AM To: Michelle Adams Subject: Scrap Meta! Dealers App - Stevie's Enterprises, 3109 S. Gertrude St. Michelle- Stevie's Enterprises-3109 S.Gertrude St.—The property located at 3109 S.Gertrude St. is zoned I Industrial and a Scrap Metal Dealer use is not allowed by right in this district, however,the current use has been in continuous operation prior to the adoption of our current Zoning Ordinance and is therefore considered legal non- conforming. Any outdoor storage of material needs to remain below the fence line. Let me know if you have any questions. Xari.Myers Zoning Specialist Department of Community Investment 227 W.Jefferson Blvd.,Suite 14C0 S. South Bend, IN 46601 574)235-5932 www.southbendin.govlzoning We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment 1 Michelle Adams From: Jim Wood Sent: Monday, January 6, 2025 10:58 AM To: Michelle Adams Subject Stevie's Enterprises 3109 S Gertrude Attachments:IMG_6253.jpeg; IMG 6240.jpeg; IMG_6241 jpeg; IMG_6242.jpeg; IMG_6243.jpeg; IMG_ 6244.jpeg Michelle, This is the one we discussed that zoning should interpret if the fence needs to be opaque. There were no issues on our end. Thanks, Jim Sent from the iPad of Jim Wood Chief Inspector Neighborhood Services and Enforcement City of South Bend ti DEPARTMENT OF CODE ENFORCEMENT SCRAP YARD INSPECTION FORM Municipal Code Sec 4-5 t(E)Operation&Maintenance Rules&Re: atio DATE: I - C. -zs BUSINESS NAME: t Jfcv S E. crf.r;5e3.3 I,/ s (_.t«.j*.,,,d._`... - BUSINESS ADDRESS: 1 0 j 1. Is the establishment operating: No 2. Is opaque fencing in good condition:Yes No "1/h 3. Is chain link fencing in good Nogoodcondition: ei 1 4. Is there litter or debris around exterior part of the business:Yes CfQ6J 5. Is there any outdoor storage between the building&the street Yes 2 6. Are there waste tires that have the potential to harbor insects, rodents,fleas,ticks,or other animals that can carry disease to Yes humans: y 7 Is there any evidence of rodents: Yes 8 Is the property within LOGO feet of a residence or other business: Yes 6 9. Are there working utilities: No w 10. Are there any nuisance violations that were cited: • Yes d If yes,the citation was given for. Comments:_ __. _ k-. p>r e- `"' `- _ 1c.,c c General II Z_n_un i cr f FcL V n ra o tL ro t "^ ail t, tr,spector:_ confirms the premises is tit andproperforthemaintanteandoperationofsuchabusiness. t ,, } RO if k. so' 4 J.1 % T 4p ''k`6 V i e KI': w al: i 4 f :. ii 'Av yro-, •yaw rsi,61e„ + 2+ , 'I ,.,, T w•<..' Y^ -- I•••*--•"- •• • ...or?,;••• ,...,„ qt. I 11 44dre ,...--:"04'•a-,-"'; . 4 ..•1,4 _„.„..,......_ Cal.A7.11 4:, lo . 1 , 4, ' ,. . 4 i e-ff'-"P' ,:.•-• .;4-..•••-- g 2- ' , , i • ' • , -+ . r a 4.1.,• . 1' '• '•-• 1-.:%. ' , J. F__-. - - ..... ;A:- Iii.., ,47....:--''' - ....-...---- - 1 ' • .. '„, .k. .;,.'•.1 -4 . .,,,' 0.. ' . 7.--.'„,-,,-4.:-,..-1.;:z.",---.ir ,...zz- . •----•- •_., Y-'\• V-"..'' 0...../-\-- 7--,.-..;.:4:•'-- 1 1''-''''•'•-. 4 1..'•-,-'.._••-•;'.-!_....-.'-,-,.,ff.., I,'.. 3 4'-.".:'--,-•',,',''4.`.•,•.:.•':0.:'-,'.0:.-. d. Z•.- r;. e:,.:;:.;. 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'- lr-,,,,_ p t. - - . • .....;:- - .- k.i...,,,i...I-. ....... . s.,,..4 '...,..‘ ,._.-- -,,, ....., .,• , . „-'• :,..,:- 4%,.....)1„Soi.ITEM h.s.-•..• , :•,..i....•• ...,.. • * . - .. '... N,' Name '110.'. dr. .I. _ - g,... It" ' • T.-r• ' 4gs. 1.401 14... tan- 1 • • .• 1.. Ilr C hsina._._,. . . ..-. W' '..... ----40-• 4r.-- . ire,. lo I. ilhis t POLICE DEPARTMENT SCRAP YARD INVESTIGATION FORM DATE: 01/07/2024 BUSINESS NAME Stevies Enterprises BUSINESS ADDRESS: 3109 S. Gertrude. South Bend, IN APPLICANT NAME: Steven Hensley 1. Pursuant to Sec.4-51(e)(2)of the South Bend Municipal Code,the SBPD considered the criminal history of the applicant,if any,and the likelihood that granting the license will endanger the health, safety or welfare of the public. A report of the investigation and a copy of the traffic and police record of the applicant, if any,and the recommendation of the Police Department shall be attached to the application and forwarded to the Business License Administrator. Comments:Applicant has no recent concerns or issues pertaining to the health, safety or welfare of the public. 2. Pursuant to Sec.4-51(f)SBPD Property Nuisance Officer verified compliance with all noise regulations set forth in Sec. 13-82 of the South Bend Municipal Code. Comments: There are no issues with noise regulations within the past 12 months. 3. Pursuant to Sec.4-51(q)SBPD verified there is video surveillance monitoring all business transactions (if applicable). 4. Pursuant to Sec.4-51(k)(1) SBPD Records Division verified the applicant is maintaining a physical sales report of scrap metal and/or valuable metals. Each dealer or operator must keep and preserve data on or through an electronic or computer data system database daily for the preceding 24-hour period of all purchases of any scrap metal and valuable metal items, unless exempted by ordinance. Such information shall be sent via electronic forms of transmission to the SBPD using the Records Management System, Leads Online. (if applicable) Comments:This property does have functional external camera system.The monitor and system is off site though. This property IS Not registered with leadsonline. After reviewing Police records for the applicant and business address,the SBPD recommends the license be(circle one)granted/denied. Community Resource Officer Joseph Cole Officers Name and Title t 0//07/2,5- Michelle Adams From: Samantha Hensley <froggysautol4@gmail.com> Sent Thursday, March 20, 2025 11:02 AM To: Michelle Adams Subject: Re: Scrap Metal Dealer App. I just did it, I apologize I didn't see the previous email. On Thu, Mar 20, 2025 at 9:50 AM Michelle Adams <madamsPsouthbendirl,gov>wrote: Good morning, I'm following up to see if you registered Stevie's Enterprises with LeadsOnline (see previous email below)? If you have not, please do so as soon as possible. Thank You, rbr iiik AticfielTe Adams 7': City of South Bend ax Business License Administratortads~. Department of Community Investment 227 W.Jefferson Blvd.,Suite 1400 S. South Bend, IN 46601 574)235-5912 From: Michelle Adams Sent: Monday, February 17, 2025 1:45 PM To: froggysauto14@gmail.com Subject: Scrap Metal Dealer App. 1 Good afternoon Steven, RE: Stevie's Enterprises It was brought to my attention that you are not registered with Leads Online, which is the records management system used by the South Bend Police Department, and required per Ordinance Sec. 4-51, K(1). Here is the link to Leads Online, https://leadsonline.com/register-today, please let me know once you are registered so I can have the SBPD verify. Attached is a copy of the ordinance. Thank You, 94icketTh Adams City of South Bend Business License Administrator Department of Community Investment 227 W Jefferson Blvd.,Suite 1400 S. South Bend,IN 46601 574)235 5912 CAUTION: This email originated from outside of the City of South Bend's network. Do not click links or open attachments unless you validate the sender and know the content is safe. Please report any suspicious emails to the CyberSecurity team by clicking the Phish Alert Button in Outlook. 1 r[u[o,ll:bL AM Yerttlits F1RCPT eSO f ern t Done M Permit 3109 S Gertrude ISSUED Print•D?wniUad•Erne,'•Email Log•Revoke•Renew View ESO Properties Record sf•rS Per-nit Type Scrap Metal License KSL+4b applicant Stevie s Enterprises Soto 3700S.Gertrude S Location 3109 S Gertrude ST South Bend IN 46614 x_,.: +'t"- County:St.Joseph 1 W.Contacts Steven Hensley,Owner w^,rc',lohile 574-3383-3371 froggysa u to 14•PgmaiLcom Applicat:on Filed 01/02/2025 1314 • Effective 01/21/2025 a„fir. Expiration 01/21/2026 Authorized 01/21/2025 SfL•r7 A;,t'orized By Jeff Yoder ssuec 01/21/2025 issued By Jeff Yoder ee Checklists 1 Passed.0 Failed,0 Not Applicaole View Checklists. S Votes SCR2024-002 Exp.Jan.31st The inspection needs to be complete within 10-days of receiving the application. a.ttachme-us 3109 5 Gertrude Stevies Enterprises Redacted.pdf view 1.14•••••l1••••••u.*nen*,•N.•n••Ir........:Mh•.....nF.7........Mel—c..G..7121A_7Cell_A cni_oo7n_1•07C0n 4 A..7cn A 1 11 SOUTH BEND FIRE DEPARTMENT INSPECTION REPORT 45. 4\ STEVE& GENES AUTO, 3109 S GERTRUDE ST BLDG 3109 GERTRUDE STREET, SOUTH BEND IN 46614 DETAILS Inspection Date:01/21/2025 I Inspection Type:Scrap Metal Dealers/Junk Dealers/Recycling I Inspection Number: 7032-R1 I Shift: N/A Station:Station 5 I Unit N/A ' Lead Inspector:Jeff Yoder i Other Inspectors: N/A VIOLATIONS AND COMPLIANCES Showing only resolved violations.passed codes,violations,N/A codes,and images for this inspection.Please reach out to the lead inspector for more details. Resolved Violations:5 I Passed Codes:0 I Violations:0 I N/A Codes:0 STATUS CODE DESCRIPTION RESOLVED 2404.4-Fire protection Spray booths and spray rooms shall be protected by an approved automatic fire- extinguishing system complying with Chapter 9.Protection shall also extend to exhaust plenums,exhaust ducts and both sides of dry filters when such filters are used. Inspector. -Comments:REMOVE SPRAY OPERATIONS! Location:Back green building Resolution Comments: None Resolution Date:01/21/2025 Y6:1is jii*, s n;ea.)r; _ . , z V._ Page 1 of 5 STATUS CODE DESCRIPTION RESOLVED 5807.2.1 Securing containers Containers,cylinders and tanks snail be secured in accordance with Section 5303.5.3. Inspector:-Comments:Cylinders are required to be secured to wall with chain. Location:Not Provided Resolution Comments: None Resolution Date:0121/2025 gi-aJ w y I The . - - -f CA pI, o•V , , !.1i ,/ 7- - # a- kk A t i RESOLVED 605.1 -Abatement of Identified electrical hazards shall be abated.Electrical wiring,devices,appliances electrical hazards and other equipment that is modified or damaged and constitutes an electrical shock or fire hazard shall not be used. inspector: -Comments:Electrical connect needs protected inside an electrical box.Fix electricity deficiencies in back green building Location:Not Provided Resolution Comments: None Resolution Date:01/21/2025 Page 2 of 5 STATUS CODE DESCRIPTION 7 V Is r 1 _..._ _ N. li ,..)-1.4.- k‘%It'. --.** r' fJr' 1.. RESOLVED 605.5-Extension cords Extension cords and flexible cords shall not be a substitute for permanent wiring. Extension cords and flexible cords shall not be affixed to structures, extended through walls,ceilings or floors, or under doors or floor coverings,nor shall such cords be subject to environmental damage or physical impact. Extension cords shall be used only with portable appliances. Inspector: Comments:Electrical cord must be removed and cannot be used as permanent wiring OR go through a wall or ceiling. Location:Not Provided Resolution Comments: None Resolution Date:01/21/2025 z,. 1 1 4, .. , L ;. :_ ...t 4„,,,,,..„, Cr .4, f . i. ` ''', • Iip troAtAitLil i STATUS CODE DESCRIPTION RESOLVED 906.2-General requirements Portable fire extinguishers shall be selected, installed and maintained in accordance with this section and NFPA 10. Exceptions: 1.The travel distance to reach an extinguisher shall not apply to the spectator seating portions of Group A-S occupancies.2. Thirty-day inspections shall not be required and maintenance shall be allowed to be once every three years for dry-chemical or halogenated agent portable fire extinguishers that are supervised by a listed and approved electronic monitoring device, provided that all of the following conditions are met:2 1. Electronic monitoring shall confirm that extinguishers are properly positioned, properly charged and unobstructed.2.2.Loss of power or circuit continuity to the electronic monitoring device shall initiate a trouble signal.2.3. The extinguishers shall be installed inside of a building or cabinet in a noncorrosive environment.2.4.Electronic monitoring devices and supervisory circuits shall be tested every three years when extinguisher maintenance is performed.2.5.A written log of required hydrostatic test dates for extinguishers shall be maintained by the owner to verify that hydrostatic tests are conducted at the frequency required by NFPA 10.3. In Group 1-3,portable fire extinguishers shall be permitted to be located at staff locations. Inspector: -Comments:Get fire extinguishers tagged up to date tl;;•c•.ighout building Location:Not Provided Resolution Comments:None Resolution Date:01./21/2025 NUT IN$AKVION MIT 01/21/2026 CONTACT SI/NATUI Daltongn Won:01/roved 25 @ 13:4Signedon:01/21/2025 @ 13:49 Page 4 of 5 INSPECTOR SIGNATURE Jeff Yoder Signed on:01/21/2025 @ 13:49 QUESTIONS ABOUT YOUR INSPECTION? Jeff Yoder jyoder@southbendin.gov No phone number available Page 5 of 5 a.. Michelle Adams From: Allison Doctor Sent: Friday, February 28, 2025 12:52 PM To: Caleb Bauer; Sarah Schaefer; Sandra Kennedy; Adam E. Taylor;Jenna Throw Cc: Michelle Adams Subject: Hurwich Iron active violations Attachments:Hurwich Iron VFC violations.pdf Follow Up Flag: Follow up Flag Status: Flagged Good afternoon, Quick update on scrap metal environmental violations—besides HIC Investments/Circle Ave, none of the scrap metal businesses with pending licenses have active notices of violation listed in the VFC. As for HIC/Circle Ave, I've attached a document that outlines the notice of violation and active violations organized by perceived relevancy. The main takeaway is that HIC/Circle Ave has unlabeled and unidentified liquids in containers and spills located throughout the property. Materials had spilled from rusted drums onto the ground and there was an unidentified gray material, both near the silo and baghouse. Additionally,they have not obtained an EPA ID#or registered as a large quantity generator for hazardous materials when removing hazard materials from the site. For reference: Notice of Violation and Probo ed A reetOrder Document detailing f_ajtuse to respond to violations and initial violations observed during August 12, 2024. site visit Happy to provide a more detailed summary of the initial site visit as needed. Let me know if you have any questions! Thanks, Allison Allison Doctor 7'1r `: Project Manager Environmental&Brownfields ac Department of Community Investment 227 W.Jefferson Blvd.,Suite 1400 S.y' South Bend,IN 46601 574)235-9337 www.southbendin govjwww.southbendin.gov We deliver services that empower everyone to thrive. 1 Michelle Adams From: Skip Morrell Sent: Wednesday, March 5, 2025 12:45 PM To: Sarah Schaefer; Elizabeth Maradik;Abby Wiles;Jim Wood; Kenisha L. Wells; Michelle Adams; Erik Glavich; Kari Myers; Michael Divita; Tim Corcoran Cc: Caleb Bauer Subject: Re: Follow-up from business license compliance meeting Attachments:Scrap Metal Review - Zoning Compliance.pdf; Buffer Types.pdf Hi all, Jim and I visited scrap the metal sites to observe fencing. Along many property lines a buffer would not be required by zoning since the lots abut other I Industrial sites.Where a buffer would be required, fencing was legal non-conforming in every case and would require an upgrade (adding shrubs, trees, or made solid)to meet current standards. I put together a visual document to show what the zoning ordinance would require at each site and current conditions. I've also attached the page from the ZO that calls out various buffer types. Best, a\ Skip Morrell yo Principal Development Planner 0 1 ._.:__LW i; City of South Bend 14.A.CF .a) Department of Community Investment-Zoning x x;amorrell@southbendin.gov 1865 574)235-7625 From:Sarah Schaefer<sschaefer@southbendin.gov> Sent:Tuesday, February 25, 2025 5:18 PM To:Elizabeth Maradik<emaradik@southbendin.gov>;Abby Wiles<awiles@sjcindiana.gov>;Jim Wood jwood@southbendin.gov>; Kenisha L.Wells<kwells@southbendin.gov>; Michelle Adams madams@southbendin.gov>; Erik Glavich<eglavich@southbendin.gov>;Skip Morrell <amorrell@southbendin.gov>; Kari Myers<kmyers@southbendin.gov>; Michael Divita <mdivita@southbendin.gov>;Tim Corcoran tcorcora@southbendin.gov> Cc:Caleb Bauer<cbauer@southbendin.gov> Subject: Follow-up from business license compliance meeting Thank you for meeting today to discuss compliance and enforcement for business licenses. Here are the follow-up items we discussed: 1 For all municipal business:icense questions,contact: City of Soutn Bend•Ordinance Violation Bureau 227 West Jefferson Blvd•Suite 455•South Send,Indiana 46601•S74.235.6052•F 74 23 .9173 5.00 LICENSE APPLICATION FOR —SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION —4-51 I.APPLICATION TYPE Check One; New Renewal X A.Scrap Metal Dealer Junk Dealer X Recycling Operation II. BUSINESS DATA A.Business Name: „06 5=Vc A ?Pti.4\'S y B.Business Address. 3 Q Q >, (\,,n . l ,City: ter-State: l Zip: `%o p 1 C.Mailing Address(If different from above): QC) S0$ <1 City: p 1 State: Zip: `.--tlD ;1 k D. Business Telephone Number: S 11 3 % _oL 1 1 E. Business Fax Number: tO lI; F. E-Mail Address: ltr LGtoce€Sec G.Zoning of Proposed Business Location: CNA H. How long has the business been in continuous operation: I. Lot Size of Premises: to'-L I Ol, Sch. t4 J. Type of Fencing Used:St \ S\-N-2,-e K. Is the Property Owned or Leased by the Applicant: 0,0.1 r 1. Name of Owner if Property is Leased t..3\q 2. Business Address of Owner: NtJ\ Please Continue to Page 2(back of sheet) q A 6 a0 For Office Use Only Application Filed 16+.l 0 ' i Q 1 Fire Dept. Approval -Lt4N '7 t ?12..a Application Fee Paid , s LOhAIVEa Iept.Approval --'AN i0, 2C45 Sent to Dept Code Enforcement -ON 10 J ,91296 Police Dept. Records Approval JPrN '7, nf2 5_Police Dept.Crime Prey. Approval 'AN ` v<3S- Common Council, pproval License Number SLROC&5— 3 License ree raw Not Approved Reason ON I) 2 2025 to a S;-I 9Ik,1 11 , . -fink- Ogs S ,.4. c4 0( es Fcr al!municipal business license questons,contact: City of South Bend•Ordinance Violation Bureau 227 West Jefferson Blvd•Suite 455*South Bend,Indiana 46601•574.235.6052•f:574.235.9173 LICENSE APPLICATION FOR -SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION -4-51 III.PERSONAL DATA A.Applicant's Legal Name• B. Residential Addr • City: State: y1J Zip: C. Residential Telephone Number: D.Cellphone Number: 11re E. G. I. Position with Business U.) t Q (' IV. INCLUDE,WITH APPLICATION,A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE,AND LANDSCAPING. V. INCLUDE$5.00 PROCESSING FEE WITH APPLICATION VI.AFFIRMATION I, hereby,certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer/Recycling Operation/Transfer Station lic e f in the City o Bend Municipal Code,Section 4-51. Signature Date 2 4 iiimil K 6 p 1 u L K,,,I L F f ji- M r.i 14 f I,J y I-v 1a 0'}t, •j'• J sn Os UT14 DEMO i s'IB11ANIPLACES xi . - i.^.fa.Rhr :::. I'•' • 4 GRANT 41-! i•::...:-. 1-1•:...! I, J• >:•. N I i' _ f F rrl- r ••. 5.•i! f }. PAtIL.$AUT7mao i. • r r• ,. a s •, ire..`+ < 3300 icuth S:; r ry Alain itrect rf' 7 nn f•.a • - - C' y.' South 6end IN b. a t •- aJ a ,{ •:• ' a •• J ly Gfi1:19 Y. a.. SiE•.a •. " t4 asI r PL1N ,_ IT: ly' 57 FEB 02,3D29 U— MEI—'SI IT PLAN A1.1 Ithm. r VI J q 4610 4. a. ..-•!4.; la + 1 ,a 4 d 1wl M n' 11V !Ph:4. a r - Its w t a. r r s w A t r Cg s f Michelle Adams From: Kari Myers Sent: Friday, January 10, 2025 9:09 AM To: Michelle Adams Subject: Scrap Metal Dealers App - Paul's Auto Yard, 3300 S Main St Michelle- Paul's Auto Yard-3300 S Main St.-The property located at 3300 S. Main St. is zoned I Industrial and a Scrap Metal Dealer use is not allowed by right in this district, however,the current use has been in continuous operation prior to the adoption of our current Zoning Ordinance and is therefore considered legal non-conforming. Any outdoor storage of material needs to remain below the fence line. Let me know if you have any questions. Xari Myers Zoning Specialist N Department of Community Investment 227 W.Jefferson Blvd.,Suite 1400 5. 41t' _ South Bend,IN 46601 574)235-5932 www.southbendin.eov/zoning We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment 1 Michelle Adams From: Jim Wood Sent: Monday,January 6, 2025 11:09 AM To: Michelle Adams Subject: Paul's Auto Yard 3300 S Main Attachments:IMG_6254.jpeg; IMG_6252.jpeg; IMG_6251.jpeg; IMG_6250.jpeg; IMG_6249.jpeg; IMG_ 6247.jpeg; IMG_6248.jpeg; IMG_6246.jpeg; IMG_6245.jpeg Michelle, There have always been homes and neighborhoods in front of and across the street from this business within 1000 feet) if zoning has any issues.There were no issues on our end. Thanks,Jim Sent from the iPad of Jim Wood Chief Inspector Neighborhood Services and Enforcement City of South Bend DEPARTMENT OF CODE ENFORCErv1ENT SCRAP YARD INSPECTION FORM Municipal Code Sec.4-51(L)Operation&Maintenance Rules&Regulations DATE: /— Co—2 5= BUSINESS NAME: _ BUSINESS ADDRESS:37-,a v 1. Is the establishment operating: 2. Is opaque fencingin esJ No good condition: 3. Is chain link fencing in good condition: No No4Istherelitterordebrisaroundexteriorpartofthebusiness: Yes 5. Is there any outdoor storage between the building&the street: Yes 6. Are there waste tires that have the potential to harbor insects, rodents,fleas,ticks,or other animals that can carry disease to Yes humans: 7. Is there any evidence of rodents: Yes 1338. Is the property within 1.000 feet of a residence or other business.< J No9Arethereworkingutilities: No 10. Are there any nuisance violations that were cited:Yes No It yes.the citation was given for 04k General Comments: o-C 35 +"i.- etS-- v,.n "6^L f,^ e !-Z•^-L- 7 --`4-s 0. c Inspector: proper for the maintenance ana operation of such a ousinessconfirms the premises is fit and yy}}, te re. 11 r pt":( r I a•. 4 tr1 1 li. ri t i, Ist i r t 4- '../ 1 i Y''' _6.7 i .-., r, 1 r:" 11k—-drag et, 4.t 'k. , 4•It. 0 al 4.I , 1,.1 ,- , 1 J n p l J !: . Y 7. '4 .1 o li it; I t . t i i f: i4.11.r. er'r:i 4 :•• I 17.,.;#:fir ' ii- .,' yam"'if f 1 , r -•`¢' 1., . ail•. F}. le. A• 1 1 t rM f ` Y I.6 i ht t t 'c gi,, ,It •_ P,... .4 1, s..- or i t.; I' .. 1 . s•'.i ' 1'; 1 1 to . 1 at ''. fi 1 oi., Pi 4 J a a, rtL • liklilli '. tit • 3... 4.4. ile-.s. : .., , . ,„," .,::,,,,-- f-A,,.-.. 4., 000, 0 1.. ,pe ,,s..i • !'- s 1,,,:?...-. , r3; :•-, ',''. . t 4 .'• .' 141.A.. ?,4.• 4. i0‘i/07eY 441* $ - 111100. 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Meador Sent: Tuesday,January 7, 2025 11:09 AM To: Michelle Adams Cc: DL-SBPDOutreach Subject: Paul's and LKQ Attachments:0038_001.pdf Michelle, Attached are the Scrap Yard Investigation Forms for LKQ Pick Your Part and Paul's Auto Yard. Bellow are my recommendations. LKQ: Denied (reasons for denial listed on Form) Paul's Auto Yard: Granted PFCBraa L. Meador Community Resource Officer Strategic Intel Office—SIO South Bend Police Department I Operations Division 574) 235-5897 bmeador@southbendin.gov From:SouthBend <SouthBend@southbendin.gov> Sent:Tuesday,January 7, 2025 10:55 AM To: Brian L. Meador<bmeador@southbendin.gov> Subject: Message from SIO MFP 1 POLICE DEPARTMENT SCRAP YARD INVESTIGATION FORM DATE: _t klk.Z___ _ BUSINESS NAME:_'VG..XIS _ ay) 1 rAd-j C 1--a c.\ Ar V. I!' rroml _ ___ BUSINESS ADDRESS:i3 QC) 5 ' fie.^ A- . APPLICANT NAME: Joa5a . _ v iD C. 1. Pursuant to Sec.4-51(e)(2)of the South Bend Municipal Code,the SBPD considered the criminal history of the applicant,if any,and the likelihood that granting the license will endanger the health,safety or welfare of the public. A report of the investigation and a copy of the traffic and police record of the applicant,if any, and the recommendation of the Police Department shall be attached to the application__ __ and forwarded to\ VI e Business License ministrator. Comments: 3O4 o.k eax.OL° • S G ostt" CA LAD v...•\ cYrs 6_u o9- 16_V _ ._ vsd.1 1y) 1 2. Pursuant to Sec.4-51(f)SBPD Property Nuisance Officer verified compliance with all noise regulations set forth in Sec. 13-82 of the South Bend Municipal Code. Comm ents:t4Gr-- Vae•\'_f_k G,,,Gti%ASJ kl,v)..V. o^S 3. Pursuant to Sec.4-51(q)SBPD verified there is video surveillance monitoring all business transactions (if applicable). 4. Pursuant to Sec.4-51(k)(1)SBPD Records Division verified the applicant is maintaining a physical sales report of scrap metal and/or valuable metals. Each dealer or operator must keep and preserve data on or through an electronic or computer data system database daily for the preceding 24-hour period of all purchases of any scrap metal and valuable metal items, unless exempted by ordinance. Such information shall be sent via electronic forms of transmission to the SBPD using the Records Managementn System, i Leads Online. l( if_applicable)_ f prnmennts: `W`, J rt NA--04,3 ()_el-PS'a 5`l B 0+ 1/ S 1. ,. e . Ili_f 1 i/ a.A..:e.- After reviewing Police records for the applicant and business address,the SBPD recommends the license be(cir e)granted/denied. Jc, ;w.., 1— f1 1.eaJ rs Name and Title Cc.)Innvl"" • [ Oesoufc,Z 0 :c--' pi^3a34`{ I:e,LJ.. :L4 HM Permits f C, i'r eso r- n Permit 1 1i' Done LW 0 Per,.1 '' 3300 S. Main St.ISSUED Effective Date between Of/0' Scrap Metal License tuufD 'Th -ugar r, SMS Peul.s Auto Yard ISSUfo 1602 - 3300 5 Main ST south bend IN 46614 Jason Grube S:UFD 3300 S.Main .il'Ore jr ulv:r i't lui orna 4toh11.. '33- 1436 1 c3' - >._ 01/02/2025 01/07/2025 01/07/2026 Poi'to• 01/07/2025 L,.-"•.:c73r Jeff Yoder 01/07/2025 or s 3, Jeff Yoder dwts 1 Passed,0:ailed,0 Not Applicaale1141re,v C. -,... is. I' Op io as 5CR2025-003 Exp.Jan.31st The inspection needs to be completed within 10-days of receiving the application. D3300 S Main St Pads Auto Yard Redacted.pdf 5ev, Y. 0 1,1 SOUTH BEND FIRE DEPARTMENT tglitr. INSPECTION REPORT f PAUL AUTO YARD, SUS PAULS AUTO YARD, 3300 S MAIN ST, BLDG SMS PAULS AUTO YARD,tl LLC,SOUTH BEND IN 46614 440 DETAILS Inspection Date:01/07/2025 ; Inspection Type:Secondhand Dealers City Licenses 1 Inspection Number:7041 1 Shift: N/A Station:Station 5 ; Unit: N/A Lead Inspector:Jeff Yoder ; Other Inspectors: N/A VIOLATIONS AND COMPLIANCES Showing only resolved violations,passed codes,violations,N/A codes,and images for this inspection.Please reach out to the lead inspector for more details. Resolved Violations:0 I Passed Codes:51 I Violations:0 I N/A Codes:0 STATUS CODE DESCRIPTION PASS 1004.3-Posting of occupant Every room or space that is an assembly occupancy shall have the occupant load load of the room or space posted in a conspicuous place,near the main exit or exit access doorway from the room or space.Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. PASS 1030.1 -General The means of egress for buildings or portions thereof shall be maintained in accordance with this section. PASS 1030.2-Reliability Required exit accesses,exits and exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency when the building area served by the means of egress is occupied.An exit or exit passageway shall not be used for any purpose that interferes with a means of egress. PASS 1030.3-Obstructions A means of egress shall be free from obstructions that would prevent its use, including the accumulation of snow and ice. ea r J• _.5 .S Page 1 of 12 STATUS CODE DESCRIPTION PASS 1030.4-Exit signs Exit signs shall be installed and maintained in accordance with Section 1011. Decorations,furnishings,equipment or adjacent signage that impairs the visibility of exit signs,creates confusion or prevents identification of the exit shall not be allowed. PASS 1030.5-Nonexit identification Where a door is adjacent to,constructed similar to and can be confused with a means of egress door,that door shall be identified with an approved sign that identifies the room name or use of the room. PASS 1030.6-Finishes,furnishings Means of egress doors shall be maintained in such a manner as to be and decorations distinguishable from the adjacent construction and finishes such that the doors are easily recognizable as doors.Furnishings,decorations or other objects shall not be placed so as to obstruct exits,access thereto,egress therefrom,or visibility thereof. Hangings and draperies shall not be placed over exit doors or otherwise be located to conceal or obstruct an exit.Mirrors shall not be placed on exit doors.Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit. PASS 1030.7-Emergency escape Required emergency escape and rescue openings shall be maintained in and rescue openings accordance with the code in effect at the time of construction,and the following: Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools.Bars,grilles,grates or similar devices are allowed to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key,tool or force greater than that which is required for normal operation of the emergency escape and rescue opening. PASS 1030.8*-Testing&All two-way communication systems for areas of refuge shall be inspected and maintenance tested on a yearly basis to verify that all components are operational.When necessary, the tests shall be conducted in the presence of the fire code official. Page 2 of 12 STATUS CODE DESCRIPTION PASS 1030.9-Floor identification The floor identification signs required by Sections 1022.9 and 1104.23 shall be signs maintained in an approved manner. PASS 1104.18-Exit access travel Exits shall be located so that the maximum length of exit access travel,measured distance from the most remote point to an approved exit along the natural and unobstructed path of egress travel,does not exceed the distances given in Table 1104.17.2. PASS 1104.19-Common path of The common path of egress travel shall not exceed the distances given in Table egress travel 1104.17.2. PASS 1104.23-Stairway floor Existing stairs shall be marked in accordance with Section 1022.9 number signs PASS 1104.3-Exit sign illumination Exit signs shall be internally or externally illuminated.The face of an exit sign illuminated from an external source shall have an intensity of not less than 5 footcandles(54 lux). Internally illuminated signs shall provide equivalent luminance and be listed for the purpose.Exception:Approved self-luminous signs that provide evenly illuminated letters shall have a minimum luminance of 0.06 foot-lamberts(0.21 cd/m2). PASS 1104.4-Power source Where emergency illumination is required in Section 1104.5,exit signs shall be visible under emergence illumination conditions. Exception:Approved signs that provide continuous illumination independent of external power sources are not required to be connected to an emergency electrical system. Page 3 of 12 STATUS CODE DESCRIPTION PASS 1104.5-Illumination The power supply for means of egress illumination shall normally be provided by emergency power the premises'electrical supply.In the event of power supply failure,illumination shall be automatically provided from an emergency system for the following occupancies where such occupancies require two or more means of egress: 1. Group A having 50 or more occupants.Exception:Assembly occupancies used exclusively as a place of worship and having an occupant load of less than 300.2. Group B buildings three or more stories in height, buildings with 100 or more occupants above or below a level of exit discharge serving the occupants or buildings with 1.000 or more total occupants.3. Group E in interior stairs, corridors,windowless areas with student occupancy.shops and laboratories.4. Group F having more than 100 occupants. Exception:Buildings used only during daylight hours which are provided with windows for natural light in accordance with the International Building Code.OAR 837,Division 41 is not part of this code but is reproduced or paraphrased here for the reader's convenience.OAR 837, Division 41 regulates exitway protection.5.Group I.6.Group M.Exception: Buildings less than 3,000 square feet(279 m2)in gross sales area on one story only,excluding mezzanines.7.Group R-1.Exception:Where each sleeping unit has direct access to the outside of the building at grade.8.Group R-2.Exception: Where each dwelling unit or sleeping unit has direct access to the outside of the building at grade.9.Group R-4. Exception:Where each sleeping unit has direct access to the outside of the building at ground level. PASS 1104.8-Opening force for The opening force for interior side-swinging doors without closers shall not doors exceed a 5pound(22 N)force.For other side-swinging,sliding and folding doors, the door latch shall release when subjected to a force of not more than 15 pounds(66 N).The door shall be set in motion when subjected to a force not exceeding 30 pounds(133 N).The door shall swing to a full-open position when subjected to a force of not more than 50 pounds(222 N).Forces shall be applied to the latch side. PASS 24.5 •Design signage The installing contractor shall identify a hydraulically designed sprinkler system with a permanently marked weatherproof metal or rigid plastic sign secured with corrosion resistant wire,chain,or other approved means.Such signs shall be placed at the alarm valve,dry pipe valve,preaction valve,or deluge valve supplying the corresponding hydraulically designed area.The sign shall include the following information:(1)Location of the design area or areas(2)Discharge densities over the design area or areas(3)Required flow and residual pressure demand at the base of the riser(4)Occupancy classification or commodity classification and maximum permitted storage height and configuration(5)Hose stream allowance included in addition to the sprinkler demand(6)The name of the installing contractor Page 4 of 12 STATUS CODE DESCRIPTION PASS 24.6-General signage The installing contractor shall provide a general information sign used to determine system design basis and information relevant to the inspection. testing,and maintenance requirements required by NFPA 25,Standard for the Inspection.Testing,and Maintenance of Water-Based Fire Protection Systems. 24.6.1.1 Such general information shall be provided with a permanently marked weatherproof metal or rigid plastic sign,secured with corrosion-resistant wire, chain,or other acceptable means.24.6.1.2 Such signs shall be placed at each system control riser.antifreeze loop,and auxiliary system control valve.24.6.2 The sign shall include the following information:(1)Name and location of the facility protected(2)Occupancy classification(3)Commodity classification(4) Presence of high-piled and/or rack storage(5)Maximum height of storage planned(6)Aisle width planned(7)Encapsulation of pallet loads(8)Presence of solid shelving(9)Flow test data(10)Presence of flammable/combustible liquids 11)Presence of hazardous materials(12)Presence of other special storage(13) Location of auxiliary drains and low point drains on dry pipe and preaction systems(14)Original results of main drain flow test(15)Name of installing contractor or designer(16)Indication of presence and location of antifreeze or other auxiliary systems PASS 304.1 -Waste accumulation Combustible waste material creating a fire hazard shall not be allowed to prohibited accumulate in buildings or structures or upon premises. PASS 304.1.1 -Waste material Accumulations of wastepaper,wood.hay,straw,weeds,litter or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof or in any court,yard,vacant lot,alley,parking lot,open space,or beneath a grandstand, bleacher,pier,wharf or other similar structure. PASS 304.1.2*-Vegetation Weeds,grass,vines or other growth that is capable of being ignited and endangering property,shall be cut down and removed by the owner or occupant of the premises. PASS 315.1 -General Storage shall be in accordance with Sections 315.2 through 315.4. Page 5 of 12 STATUS CODE DESCRIPTION PASS 315.3.1 -Ceiling clearance Storage shall be maintained 2 feet(610 mm)or more below the ceiling in nonsprinklered areas of buildings or a minimum of 18 inches(457 mm)below sprinkler head deflectors in sprinklered areas of buildings.Exception:Sidewall storage to a maximum depth of thirty(30)inches(seventy-six and two-tenths 76.2)centimeters)shall be acceptable to the ceiling in non-sprinklered buildings. PASS 315.3.2-Means of egress Combustible materials shall not be stored in exits or enclosures for stairways and ramps. PASS 315.3.3-Equipment rooms Combustible material shall not be stored in boiler rooms,mechanical rooms or electrical equipment rooms. PASS 315.4-Outside storage Outside storage of combustible materials shall not be located within 10 feet(3048 mm)of a lot line.Exceptions: 1.The separation distance is allowed to be reduced to 3 feet(914 mm)for storage not exceeding 6 feet(1829 mm)in height.2.The separation distance is allowed to be reduced when the fire code official determines that no hazard to the adjoining property exists. PASS 505.1 -Address identification New and existing buildings shall have approved address numbers,building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property.These numbers shall contrast with their background.Address numbers shall be provided in additional approved locations to facilitate emergency response.Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches(101.6 mm)high with a minimum stroke width of 0.5 inch 12.7 mm).Where access is by means of a private road and the building cannot be viewed from the public way,a monument,pole or other sign or means shall be used to identify the structure.Address numbers shall be maintained. Exception: Secured sites manned with on site,full-time 24 hour response teams who escort responding fire departments may omit address numbers,building numbers or building identifcation on individual buildings. Page 6 of 12 STATUS CODE DESCRIPTION PASS 506.1*-Where required Whenever the servicing fire department has instituted a key box emergency access system,a key box compatible with that system shall be installed in an accessible location if:(1)The building is protected with an automatic sprinkler system equipped with a local or transmitted water-flow alarm.or(2)The building is provided with any fire alarm system equipped with an outside audible/visual signaling device,or(3)The building is provided with any fire alarm system where the alarm is transmitted to an off-site location,or to the fire alarm center for the servicing fire department. PASS 506.1.1-Locks An approved lock shall be installed on gates or similar barriers when required by the fire code official. PASS 509.1*-Identification Fire protection equipment shall be identified in an approved manner.Normally closed rooms containing air handling equipment over 2,000 CFM,rooms containing a water heater or boiler over 400,000 BTU/HR input,sprinkler risers, sprinkler control valves,fire alarm control panels,smoke evacuation system control panels,or control panels for wet chemical,dry chemical,foam,carbon dioxide and clean agent systems shall be identified for the use of the servicing fire department.Approved signs required identifying fire protection equipment locations shall be constructed of durable materials, lettering shall be in contrast with the background and be permanently installed and readily visible. PASS 509.1.1 -Utility identification Gas shutoff valves,electric meters,service switches and other utility equipment shall be clearly and legibly marked to identify the unit or space that it serves. Identification shall be made in an approved manner,readily visible and shall be maintained. PASS 5303.5.2-Physical protection Compressed gas containers,cylinders,tanks and systems which could be exposed to physical damage shall be protected.Guard posts or other approved means shall be provided to protect compressed gas containers,cylinders,tanks and systems indoors and outdoors from vehicular damage and shall comply with Section 312. Page7of12 STATUS CODE DESCRIPTION PASS 5303.5.3-Securing Compressed gas containers,cylinders and tanks shall be secured to prevent compressed gas containers, falling caused by contact,vibration or seismic activity.Securing of compressed cylinders and tanks gas containers,cylinders and tanks shall be by one of the following methods: 1. Securing containers.cylinders and tanks to a fixed object with one or more restraints.2.Securing containers,cylinders and tanks on a cart or other mobile device designed for the movement of compressed gas containers,cylinders or tanks.3.Nesting of compressed gas containers,cylinders and tanks at container filling or servicing facilities or in seller's warehouses not accessible to the public. Nesting shall be allowed provided the nested containers,cylinders or tanks,if dislodged,do not obstruct the required means of egress.4.Securing of compressed gas containers,cylinders and tanks to or within a rack,framework, cabinet or similar assembly designed for such use.Exception:Compressed gas containers,cylinders and tanks in the process of examination,filling,transport or servicing. PASS 605.1 -Abatement of Identified electrical hazards shall be abated.Electrical wiring,devices,appliances electrical hazards and other equipment that is modified or damaged and constitutes an electrical shock or fire hazard shall not be used. PASS 605.3-Working space and A working space of not less than 30 inches(762 mm)in width,36 inches(914 mm) clearance in depth and 78 inches(1,981 mm)in height shall be provided in front of electrical service equipment.Where the electrical service equipment is wider than 30 inches(762 mm),the working space shall be not less than the width of the equipment. No storage of any materials shall be located within the designated working space.Exceptions: 1.Where other dimensions are required or allowed by NFPA 70.2.Access openings into attic or underfloor areas,which provide a minimum clear opening of 20 inches(509 mm)by 40 inches(1,016 mm). PASS 605.3.1 -Labeling Doors into electrical control panel rooms shall be marked with a plainly visible and legible sign stating ELECTRICAL ROOM or similar approved wording.The disconnecting means for each service,feeder or branch circuit originating on a switchboard or panelboard shall be legibly and durably marked to indicate its purpose unless such purpose is clearly evident. PASS 605.4-Multiplug adapters Multiplug adapters,such as cube adapters, unfused plug strips or any other device not complying with NFPA 70 shall be prohibited. Page8of12 STATUS CODE DESCRIPTION PASS 605.4.2-Power supply Relocatable power taps shall be directly connected to a permanently installed receptacle. PASS 605.5-Extension cords Extension cords and flexible cords shall not be a substitute for permanent wiring. Extension cords and flexible cords shall not be affixed to structures,extended through walls,ceilings or floors,or under doors or floor coverings,nor shall such cords be subject to environmental damage or physical impact.Extension cords shall be used only with portable appliances. PASS 605.5.1*-Extension cords Extension cords shall be plugged directly into an approved receptacle,except for approved multiplug extension cords,shall serve only one portable appliance. PASS 605.6-Unapproved Open junction boxes and open-wiring splices shall be prohibited.Approved conditions covers shall be provided for all switch and electrical outlet boxes. PASS 703.1 -Maintaining The required fire-resistance rating of fire-resistance-rated construction(including walls,firestops,shaft enclosures,partitions,smoke barriers,floors,fire-resistive coatings and sprayed fire-resistant materials applied to structural members and fire-resistant joint systems)shall be maintained.Such elements shall be visually inspected by the owner annually and properly repaired,restored or replaced when damaged,altered, breached or penetrated.Where concealed,such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel,access door,ceiling tile or similar movable entry to the space.Openings made therein for the passage of pipes,electrical conduit,wires,ducts,air transfer openings and holes made for any reason shall be protected with approved methods capable of resisting the passage of smoke and fire.Openings through fire- resistance-rated assemblies shall be protected by selfor automatic-closing doors of approved construction meeting the fire protection requirements for the assembly. Page 9 of 12 STATUS CODE DESCRIPTION PASS 703.2*-Opening Protectives Opening protectives shall be maintained in accordance with the rules of the commission.Where allowed by the fire code official,the application of field- applied labels associated with the maintenance of opening protectives shall follow the requirements of the approved third-party certification organization accredited for listing the opening protective.Fire doors and smoke barrier doors shall not be blocked or obstructed,or otherwise made inoperable.Fusible links shall be replaced promptly whenever fused or damaged.Fire door assemblies shall not be modified. PASS 901.5.1 -Occupancy It shall be unlawful to occupy any portion of a building or structure until the required fire detection,alarm and suppression systems have been tested and approved. PASS 901.6-Inspection,testing and Fire detection,alarm,and extinguishing systems,mechanical smoke exhaust maintenance systems,and smoke and heat vents shall be maintained in an operative condition at all times,and shall be replaced or repaired where defective. Nonrequired fire protection systems and equipment shall be inspected,tested and maintained or removed. PASS 904.4-Inspection and testing Automatic fire-extinguishing systems shall be inspected and tested in accordance with the provisions of this section prior to acceptance. Page 10 of 12 STATUS CODE DESCRIPTION PASS 906.2-General requirements Portable fire extinguishers shall be selected, installed and maintained in accordance with this section and NFPA 10.Exceptions: 1.The travel distance to reach an extinguisher shall not apply to the spectator seating portions of Group A-5 occupancies.2.Thirty-day inspections shall not be required and maintenance shall be allowed to be once every three years for dry-chemical or halogenated agent portable fire extinguishers that are supervised by a listed and approved electronic monitoring device,provided that all of the following conditions are met:2.1.Electronic monitoring shall confirm that extinguishers are properly positioned,properly charged and unobstructed.2.2. Loss of power or circuit continuity to the electronic monitoring device shall initiate a trouble signal.2.3. The extinguishers shall be installed inside of a building or cabinet in a noncorrosive environment.2.4.Electronic monitoring devices and supervisory circuits shall be tested every three years when extinguisher maintenance is performed.2.5.A written log of required hydrostatic test dates for extinguishers shall be maintained by the owner to verify that hydrostatic tests are conducted at the frequency required by NFPA 10.3. In Group 1-3,portable fire extinguishers shall be permitted to be located at staff locations. PASS 907.8-Inspection,testing and The maintenance and testing schedules and procedures for fire alarm and fire maintenance detection systems shall be in accordance with Sections 907.8.1 through 907.8.5 and NFPA 72. PASS ADDRESS 18-56-Exhibit a)The owner or occupant of every house or business place in the City shall place number;size of figure. the number assigned to his lot or part of lot by the City Engineer in a conspicuous place on the side of or above the front door of such house or building.(b)Such number shall consist of figures not less than three(3)inches in length and so made or marked as to be distinctly and easily read PASS IC22-12-8-2-Violations; A person who violates:(1)a rule adopted under this article,IC 22-13, IC 22-14,or infraction IC 22-15:(2)a condition of a permit,certification,registration,release, authorization,variance,exemption,or other license issued under this article, IC 22-13,IC 22-14,IC 22-15;or(3)any other order issued under this article,IC 22-13, IC 22-14, IC 22-15;commits a Class C infraction. NEXT INSPECTION DATE J1107/2026 ac S 5 Page 11 of 12 CONTACT SIGNATURE Bo Cole 08/07/2024 Signed on:n:01/07/2025 @ 10:31 121/4 INSPECTOR SIGNATURE Jeff Yoder Signed on:01/072025 @ 10.31 QUESTIONS ASOUT TOUR INSPECTION? Jeff Yoder iyoder@southoendin.gov No phone number available Page 12 of 12 Michelle Adams From: Allison Doctor Sent: Friday, February 28, 2025 12:52 PM To: Caleb Bauer; Sarah Schaefer;Sandra Kennedy;Adam E.Taylor;Jenna Throw Cc: Michelle Adams Subject: Hurwich Iron active violations Attachments:Hurwich Iron VFC violations.pdf Follow Up Flag: Follow up Flag Status: Flagged Good afternoon, Quick update on scrap metal environmental violations—besides HIC Investments/Circle Ave, none of the scrap metal businesses with pending licenses have active notices of violation listed in the VFC. As for HIC/Circle Ave, I've attached a document that outlines the notice of violation and active violations organized by perceived relevancy. The main takeaway is that HIC/Circle Ave has unlabeled and unidentified liquids in containers and spills located throughout the property. Materials had spilled from rusted drums onto the ground and there was an unidentified gray material, both near the silo and baghouse. Additionally, they have not obtained an EPA ID #or registered as a large quantity generator for hazardous materials when removing hazard materials from the site. For reference: Notice of ViolationsandProposed Agreed Order Document detailingfailyte to respond to violations and initial vi9lations observed duringAugut 12-2_024. site visit Happy to provide a more detailed summary of the initial site visit as needed. Let me know if you have any questions! Thanks, Allison Allison Doctor 1 " Project Manager IIIIII"‘ Environmental&Brownfields Department of Community Investment 227 W.Jefferson Blvd.,Suite 1400 S. South Bend,IN 46601 574)235-9337 www.southbendin.gov)www.southbendin.gov We deliver services that empower everyone to thrive. 1 Michelle Adams From: Skip Morrell Sent: Wednesday, March 5, 2025 12:45 PM To: Sarah Schaefer; Elizabeth Maradik;Abby Wiles;Jim Wood; Kenisha L.Wells; Michelle Adams; Erik Glavich; Kari Myers; Michael Divita;Tim Corcoran Cc: Caleb Bauer Subject: Re: Follow-up from business license compliance meeting Attachments:Scrap Metal Review- Zoning Compliance.pdf; Buffer Types.pdf Hi all, Jim and I visited scrap the metal sites to observe fencing. Along many property lines a buffer would not be required by zoning since the lots abut other I Industrial sites.Where a buffer would be required,fencing was legal non-conforming in every case and would require an upgrade (adding shrubs,trees, or made solid)to meet current standards. I put together a visual document to show what the zoning ordinance would require at each site and current conditions. I've also attached the page from the ZO that calls out various buffer types. Best, Tx, Skip Morrell o d Principal Development Planner v J d' City of South Bend PE cEJa; Department of Community Investment-Zoning x x amorrell@southbendin.gov 1865 574)235-7625 From:Sarah Schaefer<sschaefer@southbendin.gov> Sent:Tuesday, February 25, 2025 5:18 PM To: Elizabeth Maradik<emaradik@southbendin.gov>; Abby Wiles<awiles@sjcindiana.gov>;Jim Wood jwood@southbendin.gov>; Kenisha L.Wells<kwells@southbendin.gov>; Michelle Adams madams@southbendin.gov>; Erik Glavich<eglavich@southbendin.gov>;Skip Morrell<amorrell@southbendin.gov>; Kari Myers<kmyers@southbendin.gov>; Michael Divita <mdivita@southbendin.gov>;Tim Corcoran tcorcora @southbendin.gov> Cc: Caleb Bauer<cbauer@southbendin.gov> Subject: Follow-up from business license compliance meeting Thank you for meeting today to discuss compliance and enforcement for business licenses. Here are the follow-up items we discussed: 1 City of South Bend Con1m unity Investment Council Member Canneth Lee President South Bend Common Council County-City Building, 4 th Floor South Bend, lndiana 4660 I April 2, 2025 Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Council Member Troy Warner Chairperson Community Investment Committee South Bend Common Council County-City Building, 4 th Floor South Bend, lndiana 4660 I RE: Resolution to deny the issuance of Scrap Metal/ Junk Dealers/ Recycling Operation License pursuant to Section 4-51 of the South Bend Municipal Code. Dear President Lee and Council Member Warner, Please find the enclosed resolution to deny a license application by U.S. Scrap & Recycling LLC ("Applicant'') for Scrap Metal/ Junk D ealers/ Recycling Operations at 1610 Circle Ave. This resolution is submitted for consideration by the Common Council in accordance with Section 4- 5 I (e X3) of the Municipal Code. Upon receipt, the license application was submitted to the Police Department, Fire Inspection Bureau, Neighborhood Services and Enforcement, and the Zoning Department for their reviews and recommendations. Applicant's property was inspected by said departments and received a favorable recommendation. Though said departments made a favorable recommendation, their recommendation must be taken together with all applicable requirements in the business licensing ordinance. Pursuant to the broader applicable ordinances, the Applicant's business license application should be denied. Under Sec. 4-6, every licensee is required to "(4)Conduct the business in such a manner as not to create a nuisance or hazard to the public." Sec. 4-16 provides that licenses can be refused, revoked, or suspended if a business is "Conducting the activity in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, welfare of the public." Further, Sec. 4-510XI ) requires scrap metal dealers to "be maintained and operated in compliance with all applicable fire, health and public safety laws of the State and the provisions of this Code and other ordinances of the City." Applicant was cited by the Indiana Department of Environmental Management ODEM) for numerous active violations of lndiana and Federal environmental law that regulates hazardous waste. A copy of relevant documents is attached. The applicable citations reveal that business activity is being conducted in a manner that does not comply with Sec. 4-510XI ), because said activities fail to comply with the health and public safety laws of the State. Further, Applicant's activities do not comply with Sec. 4-51 OX!), because they are detrimental to the health, safety and welfare of the public. Excellence Accountability Innovation Inclusion Empowerment Visit County-City Building 227 W Jefferson Blvd, uite 1400 S South Bend, IN 4660 I Phone 31 I inside City limits (574)233-0311 outside City limits Em ail: 311 a outhbcnd111.gov Website: Southbendm gov 25-21 City of South Bend (0mmunityInvestment Finally, in determining whether to approve a resolution for a Scrap Metal Dealer, Sec 4-41(f)(1) states that "the Common Council shall consider the effect or appropriateness of a scrap or junkyard upon the surrounding area."Given the potential dangers presented to the public in the surrounding area as a result of Applicant's operations on its property,a business license should be denied at this time. Upon Applicant demonstrating full compliance with applicable environmental laws,Applicant's business license could be reconsidered. In addition to relevant DEM records, you will also fmd enclosed the license application and the department reports for your review. If you or other Council Members have any questions,please contact me at (574)235-5912. Sincerely, 4416)4fahnnO Michelle Adams Business License Administrator Excellence Visit Phone County-City Building 311 inside City limitsAccountability227WJeffersonBlvd,Suite 1400 S 574)233-0311 outside City limitsInnovationSouthBend,IN 46601 Inclusion Email:31 l nasouthbendin.aov Em powerm ent Website:Southbendin.gov Filed in Clerk's Office BILL NO. 25-21 Bianca Tirado RESOLUTION NO. City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING DENIAL OF A SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS LICENSES FOR US SCRAP & RECYCLING LLC PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers,junk dealers, and recycling operations; and WHEREAS, on April 2, 2025,the Business License Administrator provided written notice to the City Clerk that the Scrap Metal Dealer/Junk Dealer/Recycling Operations Application for the following business: U.S. Scrap & Recycling LLC: 1610 Circle Ave. has been reviewed for the year 2025; and WHEREAS, the license application for the above-referenced business received favorable recommendations from reviewing departments, including the Police Department, the Fire Prevention Bureau, and Neighborhood Services and Enforcement; WHEREAS,based upon the review of the application,the Business License Administrator recommends denial of the Scrap Metal Dealer/Junk Dealer/Recycling Operations/Application for the above-referenced business on the basis that the application does not meet the requirements of the South Bend Municipal Code; WHEREAS, pursuant to Section 4-6, every business licensee is required to "(4) Conduct the business in such a manner as not to create a nuisance or hazard to the public"; WHEREAS, pursuant to Section 4-16 provides that licenses can be refused, revoked, or suspended if a business is "Conducting the activity in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, welfare of the public"; WHEREAS, pursuant to Section 4-51(1)(1) scrap metal dealers must operate "in compliance with all applicable fire, health and public safety laws of the State and the provisions of this Code and other ordinances of the City"; WHEREAS, Applicant was cited by the Indiana Department of Environmental Management (IDEM) for numerous active violations of Indiana and Federal environmental law that regulates hazardous waste; WHEREAS, relevant citations reveal that business activity is being conducted in a manner that does not comply with Sec. 4-51(1)(1), because said activities fail to comply with the health and public safety laws of the State, and does not comply with Sec. 4-51(1)(1), because it is detrimental to the health, safety and welfare of the public; WHEREAS, pursuant to Section 4-51(f)(1)the Common Council is permitted to "consider the effect or appropriateness of a scrap or junkyard upon the surrounding area"; WHEREAS,the nature of the violations committed upon Applicant's property indicate that Applicant's operations present a danger to the public; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The license application for the following business: U.S. Scrap & Recycling LLC: 1610 Circle Ave. Is denied in conformity with South Bend Municipal Code Section 4-51 and 4-16 as evidenced by the Business License Administrator's communication to the City Clerk dated April 2, 2025. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana For ail municipal business lcense questions,contact: City of South Bend•Ordinance Violation Bureau 227 West Jefferson Blvd•Suite 455•South Bend,Indiana 46601•574 35.6052•F:574.235. 73 U\ gLL 1 45co LICENSE APPLICATION FOR -SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS Filed in Clerk's Office CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION -4-51 -' Bianca Tirado City Clerk,South Bend, IN I.APPLICATION TYPE Check One: New Renewal X A.Scrap Metal Dealer X Junk Dealer Recycling Operation X II. BUSINESS DATA A. Business Name: US Scrap&Recycling B. Business Address: 1610 circle Avenue City: South Bend State: IN Zip: 46628 C. Mailing Address (If different from above): 1495 Wentzel Street City: Rochester State: IN ZIp: 46975 D. Business Telephone Number: 765-776-2436 E. Business Fax Number: 574-224-4300 F. E-Mail Address: infaCkcchestertron.com G. Zoning of Proposed Business Location: Heavy Industrial H. Lot Size of Premises:*1-15 Acres I. Type of Fencing Used:Metal Fencing J. Is the Property Owned or Leased by the Applicant:owned 1. Name of Owner if Property is Leased:Jason W Grube(Grube Industries,t.LC) 2. Business Address of Owner: 1495 Wentzel street,Rochester IN 46975 Please Continue to Page 2(back of sheet) For Office Use Only Application Filed ahl 1) 2 vc Fire Dept.Approval Application Fee Paid ©hl f) 2IJ1.5 Building Dept. Approval Sent to Dept.A jl ei ; ?Ih Code Enforcement Police Dept.Records Approval License Fee Paid Common Council Approval License Number SCRacaS'QU4 Not Approved Reason 1 ror a l municipal business license Questions,contact: City of South Bend•Croinance Violation Bureau 227 West Jefferson Blvd•Suite 455*South Bend,ind'ana 46601•574.235 6D52•F:574.235.9173 LICENSE APPLICATION FOR-SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION -4-51 III. PERSONAL DATA A.Applicant's Legal Name: Jason W Grube B. Residential Address City State: IN Zip: C. Residential Telephone Number: 765-776-2436 D.Cellphone Number: 765-776-2436 E I. Position with Business Owner IV. INCLUDE,WITH APPLICATION,A SITE PLAN OF THE FACILITY SHOWING PROPERTY UNES,BUILDINGS, PARKING SPACES,LOADING DOCKS,FUEL STORAGE,AND LANDSCAPING. V. INCLUDE$5.00 PROCESSING FEE WITH APPLICATION VI. AFFIRMATION I, hereby,certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer/Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code, Section 4-51. le.9 12-5-2446' Signature Date 2 t t,r• NB 4- IT Aimac - ValaMitil al MISSIIWITEJNBki WPMTP ill Z.... il M l..V,_ 31-n IF I,--fr--- 27 asnr gto ..a. 14 I . •C$C" 1 F-, i, I. 7..:- i wo wie a. AO, 4 0. e. A' No fuel storage on property POLICE DEPARTMENT SCRAP YARD INVESTIGATION FORM DATE: 01/07/25 BUSINESS NAME: US Scrap & Recycling BUSINESS ADDRESS: 1610 Circle Avenue APPLICANT NAME:Jason W. Grube 1. Pursuant to Sec.4-51(e)(2) of the South Bend Municipal Code,the SBPD considered the criminal history of the applicant, if any,and the likelihood that granting the License will endanger the health,safety or welfare of the public. A report of the investigation and a copy of the traffic and police record of the applicant, if any,and the recommendation of the Police Department shall be attached to the application and forwarded to the Business License Administrator. Comments:Applicant has no recent concerns or issues pertaining to the health, safety or welfare of the public. 2. Pursuant to Sec.4-51(f)SBPD Property Nuisance Officer verified compliance with all noise regulations set forth in Sec. 13-82 of the South Bend Municipal Code. Comments:There are no issues with noise issues in the past 12 months. 3. Pursuant to Sec.4-51(q)SBPD verified there is video surveillance monitoring all business transactions (if applicable). 4. Pursuant to Sec.4-51(k)(1)SBPD Records Division verified the applicant is maintaining a physical sales report of scrap metal and/or valuable metals. Each dealer or operator must keep and preserve data on or through an electronic or computer data system database daily for the preceding 24-hour period of all purchases of any scrap metal and valuable metal items, unless exempted by ordinance. Such information shall be sent via electronic forms of transmission to the SBPD using the Records Management System, Leads Online. (if applicable) Comments:This property does NOT have functional external camera system.The monitor and system is off site though. This property IS NOT registered with leadsonline.This property also appears to be vacant. After reviewing Police records for the applicant and business address,the SBPD recommends the license be(circle one)granted/denied. Community Resource Officer Joseph Cole Officers Name and Title 2,6,4.4eW O7/0745 SOUTH BEND FIRE DEPARTMENT INSPECTION REPORT 4' lr\1,US SCRAP&RECYCLING, US SCRAP&RECYCLING, 1610 CIRCLE AVE, BLDG 1610 CIRCLE AVE., SOUTH BEND IN 4662B-2041 440 DETAILS Inspection Dare: 01/13/2025 ` Inspection Type:Scrap Metal Dealers/Junk Dealers/Recycling Inspection Number:6927 Shift N/A ; Station:Station 4 i Unit: N/A , Lead Inspector:Jim Weinberg • Other Inspectors: N/A VIOLATIONS AND COMPLIANCES Showing only resolved violations,passed codes,violations, N/A codes,and images for this inspection.Please reach out to the lead inspector for more details. Resolved Violations:0 J Passed Codes:21 I Violations:2 I N/A Codes:28 STATUS CODE DESCRIPTION PASS 1030.1 -General The means of egress for buildings or portions thereof shall be maintained in accordance with this section. PASS 1030.2-Reliability Required exit accesses,exits and exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency when the building area served by the means of egress is occupied.An exit or exit passageway shall not be used for any purpose that interferes with a means of egress. PASS 1030.3-Obstructions A means of egress shall be free from obstructions that would prevent its use, including the accumulation of snow and ice. PASS 1030.6-Finishes,furnishings Means of egress doors shall be maintained in such a manner as to be and decorations distinguishable from the adjacent construction and finishes such that the doors are easily recognizable as doors. Furnishings,decorations or other objects shall not be placed so as to obstruct exits,access thereto, egress therefrom,or visibility thereof. Hangings and draperies shall not be placed over exit doors or otherwise be located to conceal or obstruct an exit. Mirrors shall not be placed on exit doors. Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit. Page 1 of 12 STATUS CODE DESCRIPTION PASS 1104.18-Exit access travel Exits shall be located so that the maximum length of exit access travel,measured distance from the most remote point to an approved exit along the natural and unobstructed path of egress travel,does not exceed the distances given in Table 1104.17.2. PASS 1104.19-Common path of The common path of egress travel shall not exceed the distances given in Table egress travel 1104.17.2. PASS 1104.4-Power source Where emergency illumination is required in Section 1104.5,exit signs shall be visible under emergency illumination conditions.Exception:Approved signs that provide continuous illumination independent of external power sources are not required to be connected to an emergency electrical system. PASS 1104.8-Opening force for The opening force for interior side-swinging doors without closers shall not doors exceed a 5pound(22 N)force.For other side-swinging,sliding and folding doors, the door latch shall release when subjected to a force of not more than 15 pounds(66 N).The door shall be set in motion when subjected to a force not exceeding 30 pounds(133 N).The door shall swing to a full-open position when subjected to a force of not more than 50 pounds(222 N).Forces shall be applied to the latch side. PASS 304.1 -Waste accumulation Combustible waste material creating a fire hazard shall not be allowed to prohibited accumulate in buildings or structures or upon premises. PASS 304.1.1 -Waste material Accumulations of wastepaper,wood,hay,straw,weeds, litter or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof or in any court,yard.vacant lot,alley,parking lot,open space,or beneath a grandstand,bleacher.pier,wharf or other similar structure. Page 2 of 12 STATUS CODE DESCRIPTION PASS 304.1.2*-Vegetation Weeds,gr ass,vines or other growth that is capable of being ignited and endangering property,shall be cut down and removed by the owner or occupant of the premises. PASS 315.1 -General Storage shall be in accordance with Sections 315.2 through 315.4. PASS 315.3.2-Means of egress Combustible materials shall not be stored in exits or enclosures for stairways and ramps. PASS 315.3.3-Equipment rooms Combustible material shall not be stored in boiler rooms,mechanical rooms or electrical equipment rooms. PASS 315.4-Outside storage Outside storage of combustible materials shall not be located within 10 feet(3048 mm)of a lot line. Exceptions:1.The separation distance is allowed to be reduced to 3 feet(914 mm)for storage not exceeding 6 feet(1829 mm)in height.2.The separation distance is allowed to be reduced when the fire code official determines that no hazard to the adjoining property exists. PASS 509.1.1 -Utility identification Gas shutoff valves,electric meters,service switches and other utility equipment shall be clearly and legibly marked to identify the unit or space that it serves. Identification shall be made in an approved manner,readily visible and shall be maintained. PASS 605.1 -Abatement of Identified electrical hazards shall be abated. Electrical wiring,devices,appliances electrical hazards and other equipment that is modified or damaged and constitutes an electrical shock or fire hazard shall not be used. Page 3 of 12 STATUS CODE DESCRIPTION PASS 901.5.1 •Occupancy It shall be unlawful to occupy any portion of a building or structure until the required fire detection,alarm and suppression systems have been tested and approved. PASS 907.8-Inspection,testing and The maintenance and testing schedules and procedures for fire alarm and fire maintenance detection systems shall be in accordance with Sections 907.8.1 through 907.8.5 and NFPA 72. PASS ADDRESS 18-56-Exhibit a)The owner or occupant of every house or business place in the City shall place number,size of figure. the number assigned to his lot or part of lot by the City Engineer in a conspicuous place on the side of or above the front door of such house or building.(b)Such number shall consist of figures not less than three(3)inches in length and so made or marked as to be distinctly and easily read PASS IC22-12-8-2-Violations; A person who violates:(1)a rule adopted under this article,IC 22-13,IC 22-14,or infraction IC 22-15;(2)a condition of a permit,certification,registration,release, authorization,variance,exemption,or other license issued under this article,(C 22-13,IC 22-14,IC 22-15;or(3)any other order issued under this article,IC 22-13, IC 22-14, IC 22-15;commits a Class C infraction. FAIL 505.1 -Address identification New and existing buildings shall have approved address numbers,building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property.These numbers shall contrast with their background.Address numbers shall be provided in additional approved locations to facilitate emergency response.Address numbers shall be Arabic numbers or alphabetical letters.Numbers shall be a minimum of 4 inches(101.6 mm)high with a minimum stroke width of 0.5 inch 12.7 mm).Where access is by means of a private road and the building cannot be viewed from the public way,a monument, pole or other sign or means shall be used to identify the structure.Address numbers shall be maintained.Exception: Secured sites manned with on site,full-time 24 hour response teams who escort responding fire departments may omit address numbers, building numbers or building identification on individual buildings. Location: Need address numbers visible from street.Gate would be a great place to locate such. 3.3.113- Page 4 of 12 STATUS CODE DESCRIPTION FAIL 906.2-General requirements Portable fire extinguishers shall be selected,installed and maintained in accordance with this section and NFPA 10. Exceptions: 1.The travel distance to reach an extinguisher shall nor apply to the spectator seating portions of Group A-5 occupancies.2.Thirty-day inspections shall not be required and maintenance shall be allowed to be once every three years for dry-chemical or halogenated agent portable fire extinguishers that are supervised by a listed and approved electronic monitoring device, provided that all of the following conditions are met:2.1. Electronic monitoring shall confirm that extinguishers are properly positioned,properly charged and unobstructed.2.2. Loss of power or circuit continuity to the electronic monitoring device shall initiate a trouble signal.2.3. The extinguishers shall be installed inside of a building or cabinet in a noncorrosive environment.2.4.Electronic monitoring devices and supervisory circuits shall be tested every three years when extinguisher maintenance is performed.2.5.A written log of required hydrostatic test dates for extinguishers shall be maintained by the owner to verify that hydrostatic tests are conducted at the frequency required by NFPA 10.3. In Group 1-3,portable fire extinguishers shall be permitted to be located at staff locations. Location: Need an extinguisher in light blue building. N/A 1004.3-Posting of occupant Every room or space that is an assembly occupancy shall have the occupant load load of the room or space posted in a conspicuous place,near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. N/A 1030.4-Exit signs Exit signs shall be installed and maintained in accordance with Section 1011. Decorations,furnishings,equipment or adjacent signage that impairs the visibility of exit signs,creates confusion or prevents identification of the exit shall not be allowed. N/A 1030.5-Nonexir identification Where a door is adjacent to. constructed similar to and can be confused with a means of egress door,that door shall be identified with an approved sign that identifies the room name or use of the room. xea or.. '.:2025- Page 5 of 12 STATUS CODE DESCRIPTION N/A 1030.7-Emergency escape Required emergency escape and rescue openings shall be maintained in and rescue openings accordance with the code in effect at the time of construction,and the following: Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars,grilles,grates or similar devices are allowed to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key,tool or force greater than that which is required for normal operation of the emergency escape and rescue opening. N/A 1030.8*-Testing&All two-way communication systems for areas of refuge shall be inspected and maintenance tested on a yearly basis to verify that all components are operational.When necessary,the tests shall be conducted in the presence of the fire code official. N/A 1030.9-Floor identification The floor identification signs required by Sections 1022.9 and 1104.23 shall be signs maintained in an approved manner. N/A 1104.23-Stairway floor Existing stairs shall be marked in accordance with Section 1022.9 number signs N/A 1104.3-Exit sign illumination Exit signs shall be internally or externally illuminated.The face of an exit sign illuminated from an external source shall have an intensity of not less than 5 footcandles(54 lux).Internally illuminated signs shall provide equivalent luminance and be listed for the purpose.Exception:Approved self-luminous signs that provide evenly illuminated letters shall have a minimum luminance of 0.06 foot-lamberts(0.21 cd/m2). Page 6 of 12 STATUS CODE DESCRIPTION N/A 1104.5-Illumination The power supply for means of egress illumination shall normally be provided by emergency power the premises'electrical supply. In the event of power supply failure,illumination shall be automatically provided from an emergency system for the following occupancies where such occupancies require two or more means of egress: 1. Group A having 50 or more occupants. Exception:Assembly occupancies used exclusively as a place of worship and having an occupant load of less than 300.2. Group B buildings three or more stories in height,buildings with 100 or more occupants above or below a level of exit discharge serving the occupants or buildings with 1,000 or more total occupants.3. Group E in interior stairs, corridors,windowless areas with student occupancy, shops and laboratories.4, Group F having more than 100 occupants. Exception:Buildings used only during daylight hours which are provided with windows for natural light in accordance with the International Building Code.OAR 837,Division 41 is not part of this code but is reproduced or paraphrased here for the reader's convenience.OAR 837, Division 41 regulates exitway protection.5.Group I.6.Group M. Exception: Buildings less than 3,000 square feet(279 m2)in gross sales area on one story only,excluding mezzanines.7.Group R-1.Exception:Where each sleeping unit has direct access to the outside of the building at grade.8. Group R-2.Exception: Where each dwelling unit or sleeping unit has direct access to the outside of the building at grade.9.Group R-4. Exception:Where each sleeping unit has direct access to the outside of the building at ground level. N/A 24.5-Design signage The installing contractor shall identify a hydraulically designed sprinkler system with a permanently marked weatherproof metal or rigid plastic sign secured with corrosion resistant wire,chain,or other approved means.Such signs shall be placed at the alarm valve,dry pipe valve,preaction valve,or deluge valve supplying the corresponding hydraulically designed area.The sign shall include the following information:(1)Location of the design area or areas(2)Discharge densities over the design area or areas(3)Required flow and residual pressure demand at the base of the riser(4)Occupancy classification or commodity classification and maximum permitted storage height and configuration(5)Hose stream allowance included in addition to the sprinkler demand(6)The name of the installing contractor @tl J,,0" --- _ _- Page 7 of 12 STATUS CODE DESCRIPTION 24.6- eneral signage The installing Luntractor shall provide a general information sign used to determine system design basis and information relevant to the inspection, testing,and maintenance requirements required by NFPA 25,Standard for the Inspection,Testing, and Maintenance of Water-Based Fire Protection Systems. 24.6.1.1 Such general information shall be provided with a permanently marked weatherproof metal or rigid plastic sign,secured with corrosion-resistant wire, chain,or other acceptable means.24.6.1.2 Such signs shall be placed at each system control riser,antifreeze loop.and auxiliary system control valve.24.6.2 The sign shall include the following information:(1)Name and location of the facility protected(2)Occupancy classification(3)Commodity classification(4) Presence of high-piled and/or rack storage(5)Maximum height of storage planned(6)Aisle width planned(7)Encapsulation of pallet loads(8)Presence of solid shelving(9)Flow test data(10)Presence of flammable/combustible liquids 11)Presence of hazardous materials(12)Presence of other special storage(13) Location of auxiliary drains and low point drains on dry pipe and preaction systems(14)Original results of main drain flow test(15)Name of installing contractor or designer(16)Indication of presence and location of antifreeze or other auxiliary systems N/A 315.3.1 -Ceiling clearance Storage shall be maintained 2 feet(610 mm)or more below the ceiling in nonsprinklered areas of buildings or a minimum of 18 inches(457 mm)below sprinkler head deflectors in sprinklered areas of buildings.Exception:Sidewall storage to a maximum depth of thirty(30)inches(seventy-six and two-tenths 76.2)centimeters)shall be acceptable to the ceiling in non-sprinklered buildings. N/A 506.1*-Where required Whenever the servicing fire department has instituted a key box emergency access system,a key box compatible with that system shall be installed in an accessible location if:(1)The building is protected with an automatic sprinkler system equipped with a local or transmitted water-flow alarm,or(2)The building is provided with any fire alarm system equipped with an outside audible/visual signaling device, or(3)The building is provided with any fire alarm system where the alarm is transmitted to an off-site location,or to the fire alarm center for the servicing fire department. N/A 506.1.1 -Locks An approved lock shall be installed on gates or similar barriers when required by the fire code official. Page 8 of 12 STATUS CODE DESCRIPTION N/A 509.1*- Identification Fir e on equips ent riall be identified in an approved manner.Normally closed + .. ms containing air handling equipment over 2,000 CFM.rooms containing a water heater or boiler over 400,000 BTU/HR input,sprinkler risers, sprinkler control valves,fire alarm control panels,smoke evacuation system control panels.or control panels for wet chemical,dry chemical,foam, carbon dioxide and clean agent systems shall be identified for the use of the servicing fire department.Approved signs required identifying fire protection equipment locations shall be constructed of durable materials,lettering shall be in contrast with the background and be permanently installed and readily visible. N/A 5303.5.2• Physical protection Compressed gas containers,cylinders,tanks and systems which could be exposed to physical damage shall be protected.Guard posts or other approved means shall be provided to protect compressed gas containers,cylinders,tanks and systems indoors and outdoors from vehicular damage and shall comply with Section 312. N/A 5303.5.3-Securing Compressed gas containers,cylinders and tanks shall be secured to prevent compressed gas containers, falling caused by contact,vibration or seismic activity.Securing of compressed cylinders and tanks gas containers,cylinders and tanks shall be by one of the following methods: 1. Securing containers,cylinders and tanks to a fixed object with one or more restraints. 2.Securing containers,cylinders and tanks on a cart or other mobile device designed for the movement of compressed gas containers,cylinders or tanks-3. Nesting of compressed gas containers,cylinders and tanks at container filling or servicing facilities or in seller's warehouses not accessible to the public. Nesting shall be allowed provided the nested containers,cylinders or tanks,if dislodged, do not obstruct the required means of egress.4.Securing of compressed gas containers,cylinders and tanks to or within a rack,framework, cabinet or similar assembly designed for such use.Exception:Compressed gas containers,cylinders and tanks in the process of examination,filling,transport or servicing. N/A 605.3-Working space and A working space of not less than 30 inches(762 mm)in width,36 inches(914 mm) clearance in depth and 78 inches(1,981 mm)in height shall be provided in front of electrical service equipment.Where the electrical service equipment is wider than 30 inches(762 min),the working space shall be not less than the width of the equipment. No storage of ary materials shall be located within the designated working space-Exceptions: 1.Where other dimensions are required or allowed by NFPA 70.2.Access openings into attic or underfloor areas,which provide a minimum clear opening of 20 inches(509 mm)by 40 inches(1,016 mm). Page 9 of 12 STATUS CODE DESCRIPTION N/A 605.3.1 -Labeling Doors Into electrical control panel rooms shall be marked with a plainly visible and legible sign stating ELECTRICAL ROOM or similar approved wording.The disconnecting means for each service,feeder or branch circuit originating on a switchboard or panelboard shall be legibly and durably marked to indicate its purpose unless such purpose is clearly evident. N/A 605.4-Multiplug adapters Multiplug adapters, such as cube adapters.unfused plug strips or any other device not complying with NFPA 70 shall be prohibited. N/A 605.4.2-Power supply Relocatable power taps shall be directly connected to a permanently installed receptacle. N/A 605.5-Extension cords Extension cords and flexible cords shall not be a substitute for permanent wiring. Extension cords and flexible cords shall not be affixed to structures,extended through walls,ceilings or floors,or under doors or floor coverings, nor shall such cords be subject to environmental damage or physical impact.Extension cords shall be used only with portable appliances. N/A 605.5.1*-Extension cords Extension cords shall be plugged directly into an approved receptacle,except for approved multiplug extension cords,shall serve only one portable appliance. N/A 605.6-Unapproved Open junction boxes and open-wiring splices shall be prohibited.Approved conditions covers shall be provided for all switch and electrical outlet boxes. Page 10 of 12 STATUS CODE DESCRIPTION 703.1 -Maintaining The required fire-resistance rating of fire-resistance-rated construction(including walls.firestops,shaft enclosures.partitions,smoke barriers,floors,fire-resistive coatings and sprayed fire-resistant materials applied to structural members and fire-resistant joint systems)shall be maintained.Such eiements shall be visually inspected by the owner annually and properly repaired, restored or replaced when damaged,altered, breached or penetrated.Where concealed,such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel,access door.ceiling tile or similar movable entry to the space. Openings made therein for the passage of pipes,electrical conduit,wires,ducts,air transfer openings and holes made for any reason shall be protected with approved methods capable of resisting the passage of smoke and fire.Openings through fire- resistance-rated assemblies shall be protected by selfor automatic-closing doors of approved construction meeting the fire protection requirements for the assembly. N/A 703.2*-Opening Protectives Opening protectives shall be maintained in accordance with the rules of the commission.Where allowed by the fire code official,the application of field- applied labels associated with the maintenance of opening protectives shall follow the requirements of the approved third-party certification organization accredited for listing the opening protective. Fire doors and smoke barrier doors shall not be blocked or obstructed,or otherwise made inoperable. Fusible links shall be replaced promptly whenever fused or damaged, Fire door assemblies shall not be modified. N/A 901.6 Inspection,testing and Fire detection,alarm,and extinguishing systems,mechanical smoke exhaust maintenance systems,and smoke and heat vents shall be maintained in an operative condition at all times,and shall be replaced or repaired where defective. Nonrequired fire protection systems and equipment shall be inspected,tested and maintained or removed. N/A 904.4-Inspection and testing Automatic fire-extinguishing systems shall be inspected and tested in accordance with the provisions of this section prior to acceptance. fENERAL NOTES Jim Weinberg-01/13/2025 @ 11:31 Entire property to be razed with the exception of light blue pole building. Page 11 of 12 GENERAL NOTES Jim Weinberg-01/13/2025 @ 11:33 Once property is finished with demo and before business is open to public,a thorough fire inspection to be completed before occupancy will be given. Jim Weinberg-01/13/2025 @ 11:34 Yard hydrants to be inspected and proven operable prior to occupancy. REINSPECTION DATE 03/14/2025 CONTACT SIGNATURE Jason Grube 1/13/2025 Signed on:01/13/2025 @ 11:37 INSPECTOR SIGNATURE Jim Weinberg Signed on:01/13/2025 @ 11:35 QUESTIONS AROUT YOUR INSPECTION? Jim Weinberg jweinber@southbendin.gov No phone number available rr: 2 15. Page 12 of 12 INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT N maw100 N.Senate Avenue • Indianapolis.IN 46204 4 erw.no. d00)451-6027 • (317)232-8603 • =ax(317)233-6647 • www.idem.i>l.gav Mike Braun,G nz•onn NOTICE OF VIOLATION U.ia Certified.Wail## 7017 2400 0000 0747 4926 Jason Grube Manager&Registered Agent Circle Avenue Properties LLC 1495 North Wentzel Street Rochester, Indiana 46975 jasonca!rochesteriron.com Case No.: 2024-30484-H Pursuant to Indiana Code(-IC") 13-30-3-3, the Indiana Department of Environmental Management("IDEM") issues this Notice of Violation. Based on an investigation including an inspection conducted on August 12,2024, by an IDEM representative, IDEM has reason to believe Circle Avenue Properties LLC ("Respondent") violated environmental statutes and rules. The violations are based on the following: 1.Respondent is Circle Avenue Properties LLC, which owns property located in South Bend, St,Joseph County, Indiana with the following parcel numbers: 71-08-10-236-010.000-026 Circle Avenue (no street#)]; 71-08-10-277-001.000-026 [1610 Circle Avenue]; 71-08-10- 277-003.000-026 [1628 West Circle Avenue]; 71-08-10-277-002.000-026 [1636 Circle Avenue]; 71-08-10-236-011.000-026 [1702 Circle Avenue]; 71-08-10-236-006.000-026 1721 Circle Avenue]; 71-08-10-236-013-000-026 [1 804 Washington]. The above property, as specified by the parcel numbers, define the Site for this enforcement action. 2. 329 Indiana Administrative Code("IAC")3.1 incorporates certain federal hazardous waste management requirements found in 40 Code of Federal Regulations ("CFR") Parts 260 through 270 and Part 273, including those identified below. 3.Pursuant to 40 CFR 262.11(a),a person who generates a solid waste must determine if that waste is a hazardous waste at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs, and at any time in the course of its management that it has,or may have, changed its properties as a result of exposure to the environment or other factors that may change the properties of the waste such that the RCRA classification of the waste may change. As noted during the inspection, Respondent tailed to make a hazardous waste determination on the contents of numerous containers, listed below: a; a vieit : `i or,can the QR code to provide feedback i, : N'e.appre,e ue)our Lrp+ul =r` Cirtle Avenue Properties I.1.0 Case Vu:2024-30484-H South Bend.Sr.Joseph County Page 2 ut-I ADDRESS Location in or near Building ITEM 1610 Circle Avenue Basement 5-1 Leak Stop.One Jar Office Toilet Bowl Cleaner.Mulitple Bottles Attic Pyrethrin Based Roach Powder.Multiple Containers South Room,Near North Wall Paint Multiple 1-gallon Containers South Room,Near North Wall Paint Multiple containers[Aerosol and Lecture Bottles] Middle Room Partially Full 5-gallon Carboy Middle Room Unknown material.Multiple 1-gallon containers Middle Room Unknown liquid.2(size not specified)containers Middle Room Unknown material.2,5-gallon containers Middle of room Unknown liquid.2,1-gallon containers South room Approx.500-gallon Tank.Guage states 5/8full. South room,By 1-gallon containers in Photo 10 Tank,possibly a boiler.Unknown if it contains anything South room Tank Note: the 500-gallon tank, 5-gallon carboy, and multiple containers ofpaint were identified in the.Tanuar7'3, 2023 Violation Letter. In addition, Respondent failed to make a waste determination on the grey material, possibly associated with the smelting/refining rotary furnace, and releases identified in various locations at the Site, listed below: ADDRESS Location in or near Building ITEM 1610 Ci rcle Avenue Baghouse art southside Unknown grey material remains in silo Ground under baghouse silo Unknown greyish mall on ground/inside&mulitiple open containers Roof-Smelting/Refining Rotary Furnace Duct work Grey material Inside-Smelting/Refining Rotary Furnace floor Grey material Scrap metal pile South of Building. Grey Material.Smelting/Refining Rotary Furnace Ductwork South of Building. Ceiling tiles South of Building. Grey material on ground South of Building. Oil staining to concrete and ground Fenceline Northsideof Building Blue and black material on ground A more precise location of the containers and releases can be determined by the photographs in the August 12,2024 Referral to Land Enforcement/Violation Letter[VFC #83715020]. 4. Pursuant to IC 13-30-2-1(4), a person may not deposit or cause or allow the deposit of any contaminants or solid waste upon the land,except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the board. As noted during the inspection, Respondent deposited or caused and/or allowed the deposit of a solid waste/contaminant upon the land, in a method which has not been determined by the board to be acceptable. Specifically, including, but not limited to, grey material observed on the ground around the silo, bag house,and near the west side of the piles of demolition debris; ceiling tiles in the scrapyard; oily releases were observed on the concrete pad near the west side of one pile of demolition debris and near a piece of equipment on the east side of a long run of duct on the ground; and blue and black material was observed by the fence line along the north side of the Site. 5. Pursuant to 40 CFR 262.13, a generator must determine its generator category. A generator's category is based on the amount of hazardous waste generated each month and may change from month to month. Circle Avenue Properties 1.f_C C'a4e No,:2024-30-1S4-H South Bend.St.Joseph County Page 3of4 Pursuant to 329 LAC 3.1-1-10, every hazardous waste generator, transporter. or owner or operator of a hazardous waste facility shall notify the commissioner of activities subject to this article on forms provided by the commissioner unless the activity is exempt from the notification requirements for hazardous waste generated in compliance with 329 LAC 3.1-7 by a very small quantity generator. As noted during the inspection, Respondent failed to determine its generator category and failed to notify the commissioner of hazardous waste activities. Specifically, in December 2023 and January 2024, the facility shipped large quantity generator volumes of waste. 6. Pursuant to 40 CFR 262.41(a), a generator who is a large quantity generator for at least one month of an odd-numbered year(reporting year) who ships any hazardous waste off-site to a treatment, storage or disposal facility within the United States must complete and submit EPA Form 8700-13 A/B to the Regional Administrator by March 1 of the following even- numbered year and must cover generator activities during the previous year. Pursuant to IC 13-22-4-3.1(c), a person that: 1) in any one(1) or more calendar months of a calendar year generates: A) more than one thousand (1,000) kilograms of hazardous waste: B) at least one(1)kilogram of acute hazardous waste: or C) at least one hundred(100) kilograms of material from the cleanup spillage of acute hazardous waste; 2) accumulates at least six thousand(6,000) kilograms of hazardous waste or at least one 1) kilogram of acute hazardous waste; or 3) is a treatment, storage.or disposal facility: shall,before March 1 of each year, submit to the department either the biennial report required by the United States Environmental Protection Agency concerning the person's waste activities during the previous calendar year, or an annual report on forms provided by the department, containing no more than a compilation of information from the Uniform Hazardous Waste Manifest form described in section 1(a) of this chapter, that summarizes the person's hazardous waste shipments during the previous calendar year. As noted during the inspection, Respondent, as a large quantity generator in 2023, did not submit a biennial report by March 1 of 2024. 7.Pursuant to 40 CFR 268.7(a)(8), generators must retain on-site a copy of all notices, certifications, waste analysis data, and other documentation produced pursuant to this section for at least three years from the date that the waste that is the subject of such documentation was last sent to on-site or off-site treatment, storage, or disposal. As noted during the inspection, Respondent did not have copies of the land disposal restriction notifications for wastes shipped to EQ Detroit available for review. 8. Pursuant to 329 IAC 3.1-1-13, the commissioner shall require the use of identification numbers issued by the United States. Environmental Protection Agency (U.S. EPA). Pursuant to 40 CFR 262.20(a)(I), a generator that transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, or disposal facility that offers for transport a rejected hazardous waste load, must prepare a Manifest Circle Avenue Properties[.(_C Case Vo,:2(J24-3O484-H South Bend.St.Joseph County Pave 4 of 4 OMB Control number 2050-0039)on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A. Pursuant to [C 13-30-2-1(12). a person may not cause or allow the transportation of hazardous waste without a manifest if a manifest is required by law. As noted during the inspection, Respondent, upon becoming a large quantity generator, offered hazardous waste for transportation without an EPA identification number. Specifically, Respondent shipped hazardous waste on December 6, 2023 [approx. 13,808 pounds, Manifest 018850854FLE] and January 22, 2024 [approx. 20,433 pounds. Manifest 018850665FLE] without using an U.S. EPA Identification Number(ID number) in Box 1 of the manifests. In addition, hazardous waste was shipped on January 23, 2024 [67 pounds, Manifest 024855002JJK and 11 pounds, Manifest 024858328JJK],without using an U.S. EPA Identification Number(ID number) in Box 1 of the manifests. In accordance with IC 13-30-3-3, the Commissioner herein provides notice that violations may exist and offers an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and, as necessary and appropriate, for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty(60)days. As provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting the violations occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations and avoidance of extensive litigation. Timely settlement by Agreed Order may result in a reduced civil penalty. Also, settlement discussions will allow Respondent the opportunity to present any mitigating factors that may be relevant to the violations. If an Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation,the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violations and requiring the payment of an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to$25,000 per dayforeachviolation. Please contact Linda McClure at(317)233-5954 or lmcelure(iiidem.IN.gov within fifteen 15) days of receipt of this Notice to discuss resolution of this matter. For the Commissioner: Date: January 13, 2025 joui. Lori Freeman, Chief Compliance Branch Office of Land Quality April 4, 2025 Honorable Canneth Lee President, South Bend Common Council 4th Floor, County-City Building 227 W Jefferson Blvd South Bend, lN 4660 I Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Subject: Resolution to Adopt [ndiana Code § 5-23 for Future Infrastructure Options Honorable President Lee and Members of the South Bend Common Council: Please find enclosed for your consideration Bill No. 25-22, a resolution to adopt Indiana Code § 5-23. This action will authorize the City of South Bend Board of Public Works to utilize the Build, Operate, Transfer (BOT) procurement mechanism, as outlined in the statute, should the need arise in the future. This resolution is a proactive measure to expand the City's toolkit for future infrastructure development. By adopting Lndiana Code § 5-23, we are positioning South Bend to potentially leverage BOT projects, which offer benefits such as: •Potential for accelerated project timelines. •Opportunities for enhanced efficiency and innovation in project delivery. lt is important to emphasize that there are no immediate projects contemplated for the use of this procurement mechanism. This resolution is solely to provide the City with the option of BOT as a future tool, if deemed beneficial. Specifically, this resolution will: •Adopt the provisions of lndiana Code§ 5-23. •Designate the City of South Bend Board of Public Works to manage potential future BOT projects. •Authorize necessary actions to implement the statute, if needed. I believe that adding this option to our procurement capabilities will strengthen South Bend's ability to address future infrastructure needs efficiently. We respectfully request your favorable consideration and approval of this resolution. 25-22 I look forward to discussing 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 and your continued dedication to the City of South Bend. Sincerely, 41_ 7‘/.1 Eric C. Horvath City of South Bend Executive Director Public Works Filed in Clerk's Office BILL NO. 25-22 Bianca Tirado RESOLUTION NO.City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA ADOPTING INDIANA CODE § 5-23 IN ITS ENTIRETY AND AUTHORIZING THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS TO TAKE ALL OTHER ACTIONS RELATED THERETO WHEREAS, the Common Council of South Bend, Indiana (the "Council") has considered the provisions of Indiana Code § 5-23 in its entirety; and WHEREAS, the Council now desires to adopt the provisions of Indiana Code § 5-23 by this resolution pursuant to Indiana Code § 5-23-1-1; and WHEREAS, it is the intent of the Council to recognize and authorize the City of South Bend's Board of Public Works as the Governmental Body, as defined under Indiana Code § 5- 22-2-13, to serve as the Governmental Body in order to facilitate and execute any and all future agreements and contracts on behalf of the City of South Bend which may be subject to Indiana Code § 5-23. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION 1. Adoption of Indiana Code § 5-23. The Council hereby adopts the provisions of Indiana Code § 5-23. SECTION 2. Authorization. The Council hereby authorizes and directs the City of South Bend Board of Public Works to facilitate all aspects of the statutory requirements necessary to comply with Indiana Code § 5-23. SECTION 3. Other Actions. Any officer of the Council and the Mayor are hereby authorized to take any and all actions and execute any documents or certificates that such officers deem necessary or desirable to effectuate the foregoing resolution. Any such actions taken or documents or certificates executed and delivered are hereby ratified, confirmed and approved. SECTION 4. Effectiveness. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 County-City Building 227 W Jefferson Blvd, Suite 1400 S South Bend, IN 46601 James Mueller, Mayor April 9, 2025 Honorable Troy Warner City of South Bend Department of Community Investment 4th Floor, County-City Building South Bend, IN 46601 Phone Email Website 311 inside City limits 311@southbendin.gov South bend in.gov Filed in Clerk's Office B i anca Tirado City Clerk, South Bend, IN RE: Resolution Authorizing and Approving the Execution of a First Amendment to the Certified Technology Park Agreement for Ignition Park & Innovation Park Dear Mr. Warner, Enclosed is a Resolution Authorizing and approving the execution of a First Amendment to the Certified Technology Park Agreement between the City of South Bend and the Indiana Economic Development Corporation ("IEDC") to recertify both Ignition Park and Innovation Park ("Parks") as Level 2 Certified Technology Park effective July 1, 2023 through June 30, 2027. The effective date for this First Amendment being retroactive to July 1, 2023, to coincide with legislative enactment per IEDC. The Common Council previously authorized and approved the Agreement between the City of South Bend and the IEDC on December 8, 2008, by Resolution 3929-08. City staff believe it would be beneficial for the City to recertify both Ignition and Innovation Park as a Level 2 Certified Technology Park as an encouragement to the establishment of high technology activities. The Resolution declares the Common Council's interest in the approval of the First Amendment to the Certified Technology Park Agreement and authorizes the Council President to execute the First Amendment attached in Exhibit A of the Resolution. Please include the attached Resolution at your April 14th Common Council meeting for public hearing. If you have any questions, please feel free to contact our office. Sincerely, Joseph Molnar Assistant Director of Growth & Opportunity 25-23 Filed in Clerk's Office BILL NO. 25-23 RESOLUTION NO. Bianca Tirado City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING AND APPROVING THE EXECUTION OF A FIRST AMENDMENT TO THE CERTIFIED TECHNOLOGY PARK AGREEMENT BETWEEN THE CITY OF SOUTH BEND,INDIANA, INDIANA ECONOMIC DEVELOPMENT CORPORATION,AND THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the establishment of high technology activities and public facilities related to such activities serve a public purpose and are of benefit to the general welfare of the residents of the City of South Bend and the State of Indiana due to their contribution to encouraging investment, facilitating job creation and retention, and providing for economic growth and diversification; and WHEREAS, Indiana Code 36-7-32-1, et seq. ("Act") provides authority for a local government unit to apply to the Indiana Economic Development Corporation ("IEDC") for designation or recertification of all or part of the territory within the jurisdiction of governmental unit's redevelopment commission as a"certified technology park,"("CTP")as defined by the Act; and WHEREAS,the City,having previously received a designation as a CTP effective January 1, 2009,has applied for recertification as a CTP; and WHEREAS, the City of South Bend anticipates being recertified as a Level 2 Certified Technology Park with an effective date of July 1, 2023 upon execution of this First Amendment and compliance with all other requirements; and WHEREAS, Indiana Code 36-1-7,the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise,jointly or by one entity on behalf of others, powers that may be exercised by such units severally; and WHEREASE, the Common Council of the City of South Bend previously authorized and approved the Certified Technology Park Agreement between the City of South Bend, Indiana; Indiana Economic Development Corporation, and the South Bend Redevelopment Commission on December 8, 2008 by Resolution No. 3929-08. WHEREAS, the First Amendment extends the term of the Agreement to June 30, 2027 and provides that a CTP may be recertified if the Agreement is extended following the lapse of a CTP designation; and WHEREAS,the First Amendment further provides that in the event of such recertification, the CTP designation shall operate as though the designation continuously remained in effect; and WHEREAS, the First Amendment provides for updated language regarding the coordination of distributions from the tax increment financing fund in excess of Five Million Dollars ($5,000,000.00) in light of the City of South Bend's anticipated designation as a Level 2 CTP; and WHEREAS, the First Amendment provides for updated notice and reporting provisions. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: Section I. The Common Council of the City of South Bend, Indiana,has considered and hereby ratifies, confirms, and approves the First Amendment attached as Exhibit A to this Resolution, governing the Certified Technology Park. Section II. The Council President is authorized to execute the First Amendment attached hereto as Exhibit A. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Offict; Bianca Tirado City Clerk, South Bend, IN FIRST AMENDMENT This Amendment (the "First Amendment") to the Certified Technology Park ("CTP") Agreement between the INDIANA ECONOMIC DEVELOPMENT CORPORATION (the IEDC") and the CITY OF SOUTH BEND,INDIANA,by and through the SOUTH BEND COMMON COUNCIL, the legislative body of the City of South Bend, Indiana (the Governmental Unit") and the SOUTH BEND REDEVELOPMENT COMMISSION(the Commission" and with the Governmental Unit,the"City")(Collectively,the"Parties"). RECITALS WHEREAS,the Parties previously entered into that certain CTP Agreement,which commenced on January 1,2009(the "Original Agreement"); WHEREAS, the Parties desire to amend the Original Agreement to bring it into compliance with current law and policy; WHEREAS,the Original Agreement and this First Amendment shall hereinafter be referred to collectively as the "Agreement"; and NOW, THEREFORE, in consideration of the above recitals and the mutual promises, obligations, and stipulations contained in this Agreement,the Parties hereby agree as follows: EFFECTIVE DATE 1. This First Amendment shall take effect on July 1,2023 (the "Effective Date"). AMENDMENT 2. Paragraph 2 of the Original Agreement is deleted and replaced in its entirety with the following: 2. TERM OF AGREEMENT The term of this Agreement and the designation of the Cl? shall be from January 1, 2009 and shall continue in effect during the existence of the park's designation as a CTP under Section 11 of the Act. In accordance with the Act,the CTP designation is subject to the continued review of the IEDC and will expire on June 30, 2027(the "Expiration Date'). The CTP is subject to recertified by the IEDC at any time but in no event less than every four years upon expiration of the Agreement. If the designation of the CTP lapses or is terminated, for whatever reason, and this Agreement is subsequently amended to extend the term and the CTP is recertified,this Agreement shall operate as if the CTP's designation continuously remained in effect unless the Parties agree otherwise. 3. Paragraph 7 is deleted in its entirety and replaced with the following: 7. CERTIFIED TECHNOLOGY PARK INCREMENTAL TAX FINANCING FUND: Page 1 of 5 The tax increment financing fund established under Section 22 of the Act (the "State CTP Fund")for the CTP shall receive (i) 100% of the aggregate amount of state gross retail and use taxes that are remitted under Indiana Code § 6-2.5 by businesses which exceed the gross retail base period amount, in accordance with Indiana Code§36-7-32- 22(b)(1); and (ii) 100% of the income tax incremental amount provided for in Indiana Code§36-7-32-22(b)(2)(A)-(D). Notwithstanding the foregoing or anything in the Act to the contrary, not more than an aggregate total of Five Million and 00/100 Dollars 5,000,000.00) in CTP Revenues or other funds that may be deposited into the State CTP Fund over the course of its designation unless designated as a level 2 CTP. If such distributions in excess of Five Million and 00/100 dollars ($5,000,000.00) are made to the CTP and deposited in the certified technology park fund established by the redevelopment commission under Section 23 of the Act(the "Local CTP Fund") in a state fiscal year, the City agrees to coordinate with the IEDC,subject to Paragraph 6 of this Amendment, on how distributions will be utilized by the CTP to further high- technology company growth within the CTP. 4. Paragraph 15 is deleted in its entirety and replaced with the following: 15. NOTICE TO PARTIES: Whenever any notice, statement or other communications shall be sent to any of the Parties, it shall be sent to the following addresses, unless otherwise specifically advised in writing. Notices to the IEDC shall be sent to: INDIANA ECONOMIC DEVELOPMENT CORPORATION Attn: General Counsel 1 North Capitol Ave., Suite 700 Indianapolis, IN 46204 With a copy to: CTP a,iedc.in.gov Notices to the City shall be sent to: CITY OF SOUTH BEND ATTN: ADDRESS ADDRESS EMAIL Notices to the Commission shall be sent to: SOUTH BEND REDEVELOPMENT COMMISSION ATTN: ADDRESS ADDRESS EMAIL Page 2 of 5 5. The Annual Report shall be provided to the IEDC no later than April 15h annually. Failure to timely submit the annual report may result in the CTP being unable to access funds from the CTP Fund and/or the CTP being terminated. 6. The use of funds deposited in the CTP Fund in excess of$5,000,000.00, as described in IC 36-7-32-22(e), is subject to review and approval by the IEDC. 7. The City, or its designee, shall engage in a meaningful way with all companies who have a presence within the CTP in order to learn the nature of their business, obtain key indicators of success,and other information required by the Act necessary for the IEDC to make a future determination on a recertification,and a description of such efforts and information shall be included in the annual report provided to the IEDC. Failure to do so may result in the non-renewal or termination of the CTP. 8. The Parties hereby agree that all other unamended terms and conditions set forth in the Agreement shall remain the same and shall remain in full force and effect following the Effective Date. All benefits, rights, obligations and responsibilities of the Parties under the Agreement shall transfer and operate under this First Amendment and shall be construed and shall function as if the Agreement had remained in effect continuously but with the Amendment of the terms contained in this First Amendment. Signatures on Following Page—Remainder of Page Intentionally Left Blank Page 3 of 5 IN WITNESS WHEREOF,the Parties have,through duly authorized representatives, entered into this First Amendment.The Parties, having read and understand the foregoing terms of this First Amendment,do by their respective signatures dated below hereby agree to the terms thereof. SOUTH BEND REDEVELOPMENT COMMISSION Signature Printed Name and Position/Title Date: CITY OF SOUTH BEND,INDIANA Signature Printed Name and Position/Title Date: INDIANA ECONOMIC DEVELOPMENT CORPORATION, INC. Page 4 of 5 Robert Paglia, Chief Operating Officer Digital Signature Stamp Below) STATE BUDGET AGENCY Joseph Habig, Acting Budget Director Date: Page 5 of 5 ®ST. JOSEPH COUNTY CITY OF SOUTH BE BUILDING DEPARTMENT March 31, 2025 Honorable Sheila Niezgodski 4th Floor, County-City Building South Bend, IN 46601 RE: Floodplain Ordinance Dear Committee Chair Niezgodski: Filed in Clerk's Office ') Bianca Tirado City Clerk, South Bend, IN Enclosed is an updated Floodplain Ordinance purposed to replace the existing Floodplain Ordinance. The update of the existing Ordinance is a requirement by the Federal Emergency Management Agency and the Indiana Department of Natural Resources Division of Water. The Ordinance allows our municipality to participate in the National Flood Insurance Program, providing low-cost flood insurance for our citiz ens. This Ordinance provides guidance and processes for floodplain management, reducing the impact of flooding on private and public properties. This Ordinance has been adopted by several other governmental units within St Joseph County including St Joseph County. Please place this Ordinance on the Council Agenda for first reading at your April 14, 2025 meeting and set it for public hearing, 2 nd , and 3 rd reading at your April 28, 2025 meeting. The full ordinance is attached for your reference. If you have any questions, please feel free to contact my office. Sincerely, Randy L James Building Commissioner CC: Bob Palmer EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 125 S. Lafayette Blvd. Suite 100 South Bend. Indiana 46601 p 574.235.9554 f 574.235.5541 I www.southbendin.gov 23-25 Filed in Clerk's Office BILL NO. 23-25 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 6,ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE REGULATIONS FOR FLOOD DAMAGE PREVENTION STATEMENT OF PURPOSE AND INTENT Chapter 6, Article 9 of the South Bend Municipal Code provides the regulations for flood damage prevention within the City of South Bend. The Indiana Department of Natural Resources ("IDNR"), has developed a model floodplain ordinance for adoption by municipalities participating in the National Flood Insurance Program ("NFIP") in connection with the Federal Emergency Management Agency("FEMA"). The tailored language of this proposed ordinance has been approved by the Indiana Department of Natural Resources. Following adoption of this ordinance,the ordinance will be sent to IDNR for submission to FEMA in connection with the National Flood Insurance program. This proposed ordinance provides a more comprehensive regulatory framework by detailing broader public safety goals, such as preserving flood storage and minimizing flood- related economic losses. The proposed ordinance also expands on key definitions and includes provisions for critical facilities such as hospitals and emergency services. The proposed ordinance incorporates detailed enforcement provisions, emphasizing proactive flood risk mitigation. The proposed ordinance also introduces a formal appeals process, specifying evaluation criteria and ensuring alignment with FEMA floodplain management standards. The proposed ordinance, as a whole,provides a more detailed, structured, and enforceable framework for managing flood risks. This ordinance amendment is necessary for the effective, efficient administration of the City's enforcement and regulation of the floodplain. This ordinance is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 6, Article 9 shall be amended to read in its entirety as follows: 1 FLOODPLAIN CODE Sec. 6-38.1. —Statutory Authorization, Findings of Fact, Purpose, and Methods 1) Statutory Authorization The Indiana Legislature has in IC 36-1-4-11 granted the power to local government units to control land use within their jurisdictions. Therefore, the Common Council of the City of South Bend hereby adopts the following floodplain management regulations. 2) Findings of Fact The flood hazard areas of St. Joseph County within the city limits of the City of South Bend, herein after referred to as the City, are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base,all of which adversely affect the public health, safety,and general welfare. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth,these regulations are adopted. 3) Statement of Purpose It is the purpose of this ordinance to promote the public health,safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: a) Protect human life and health. b) Minimize expenditure of public money for costly flood control projects. c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. d) Minimize prolonged business interruptions. e) Minimize damage to public facilities and utilities such as water and gas mains, electric,telephone, and sewer lines, streets, and bridges located in floodplains. f) Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas. g) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. h) Minimize the impact of development on adjacent properties within and near flood prone areas. i) Ensure that the flood storage and conveyance functions of the floodplain are maintained. j) Minimize the impact of development on the natural, beneficial values of the floodplain. 2 k) Prevent floodplain uses that are either hazardous or environmentally incompatible. 1) Meet community participation requirements of the National Flood Insurance Program. 4) Methods of Reducing Flood Loss In order to accomplish its purposes,these regulations include methods and provisions for: a) Restricting or prohibiting uses which are dangerous to health, safety,and property due to water hazards, or which result in damaging increases in flood heights or velocities. b) Requiring that uses vulnerable to floods, including facilities, which serve such uses,be protected against flood damage at the time of initial construction. c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers,which help accommodate or channel flood waters. d) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage. e) Preventing or regulating the construction of flood barriers, which will unnaturally divert floodwaters, or which may increase flood hazards in other areas. Sec.6-38.2.—Definitions Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them meaning they have in common usage and to give these regulations the most reasonable application. 1) Accessory Structure means a structure with a floor area of 400 square feet or less that is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure; an accessory structure specifically excludes structures used for human habitation. a) Accessory structures are considered walled and roofed where the structure includes at least two outside rigid walls and a fully secured roof b) Examples of accessory structures include but are not necessarily limited to two-car detached garages (or smaller), carports, storage and tool sheds, and small boathouses. c) The following may have uses that are incidental or accessory to the principal structure on a parcel but are generally not considered to be accessory structures by the NFIP: i) Structures in which any portion is used for human habitation, whether as a permanent residence or as temporary or seasonal living quarters, such as a detached garage or carriage house that includes an apartment or guest quarters, or a detached guest house on the same parcel as a principal residence. ii) Structures used by the public, such as a place of employment or entertainment. iii)Development that does not meet the NFIP definition of a structure for floodplain management purposes. Examples includes, but are not necessarily limited to, a gazebo,pavilion,picnic shelter, or carport that is open on all sides(roofed but not walled). 2) Addition(to an existing structure)means any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition,which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction. 3 3) Aerator means a mechanical device placed within a public freshwater lake that is used to accomplish any of the following: a) Increase the amount of dissolved oxygen in the water. b) Increase the decomposition of organic materials. c) Alter water flow or circulation. d) Reduce icing. e) Enhance audio or visual enjoyment by bubbling or spraying water 4) Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other modification which may alter,impede, retard or change the direction and/or velocity of the flow of water during conditions of the base flood. 5) Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this ordinance,a request for a variance, or a challenge of a board decision. 6) Area of special flood hazard means the land within a community subject to a one percent 1%)or greater chance of being flooded in any given year. 7) Base flood means the flood having a one percent(1%)chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% annual chance flood or one hundred(100)year flood. 8) Base Flood Elevation (BFE) means the water surface elevation of the base flood in relation to a specified datum,usually the North American Vertical Datum of 1988. 9) Basement means that portion of a structure having its floor sub-grade(below ground level) on all sides. 10) Best Available Flood Layer (BAFL) means floodplain studies and any corresponding floodplain maps prepared and/or approved by the Indiana Department of Natural Resources which provide base flood elevation information, floodplain limits, and/or floodway delineations for flood hazards identified by approximate studies on the currently effective FIRM (Zone A) and/or for waterways where the flood hazard is not identified on available floodplain mapping. 11) Building—See"Structure." 12) Community means a political entity that has the authority to adopt and enforce floodplain ordinances for the areas within its jurisdiction. 13) Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include,but are not limited to, schools,nursing homes,hospitals, police, fire,and emergency response installations,and installations which produce,use or store hazardous materials or hazardous waste. 4 14) Development means, for floodplain management purposes, any man-made change to improved or unimproved real estate including but not limited to: a) construction, reconstruction, or placement of a structure or any addition to a structure; b) installing a manufactured home on a site,preparing a site for a manufactured home, or installing a recreational vehicle on a site for more than 180 days; c) installing utilities, erection of walls and fences, construction of roads, or similar projects; d) construction of flood control structures such as levees, dikes, dams, channel improvements, etc.; e) mining, dredging, filling, grading, excavation, or drilling operations; f) construction and/or reconstruction of boat lifts,docks,piers, and seawalls; g) construction and/or reconstruction of bridges or culverts; h) storage of materials; or i) any other activity that might change the direction, height, or velocity of flood or surface waters. Development"does not include activities such as the maintenance of existing structures and facilities such as painting; re-roofing; resurfacing roads; or, gardening,plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent structures. 15) Dry hydrant means a structure that does both of the following: a) Extends lakeward of the legally established or average normal waterline or shoreline. b) Provides a means of suction water supply without direct drafting for fire protection. 16) Elevation Certificate means a FEMA form that is routinely reviewed and approved by the White House Office of Management and Budget under the Paperwork Reduction Act, that is encouraged to be used to collect certified elevation information. 17) Enclosed area (enclosure)is an area of a structure enclosed by walls on all sides. 18) Enclosure below the lowest floor. See"Lowest Floor"and"Enclosed Area." 19) Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including,at a minimum,the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the community's first floodplain ordinance. 20) Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including the installation of utilities,the construction of streets, and either final site grading or the pouring of concrete pads). 21) FEMA means the Federal Emergency Management Agency. 5 22) Fill for floodplain management purposes,means any material deposited or placed which has the effect of raising the level of the ground surface above the natural grade elevation. Fill material includes but is not limited to consolidated material such as concrete and brick and unconsolidated material such as soil, sand, gravel,and stone. 23) Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: a) The overflow of inland or tidal waters. b) The unusual and rapid accumulation or runoff of surface waters from any source. c) Mudslides(i.e.,mudflows)which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas,as when earth is carried by a current of water and deposited along the path of the current. Flood or flooding also includes the collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or current of water exceeding anticipated cyclical levels that result in a flood as defined above. 24) Flood hazard area means areas subject to the one percent(1%)annual chance flood.(See Special Flood Hazard Area") 25) Flood Insurance Rate Map (FIRM) means an official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map(DFIRM). 26) Flood Insurance Study (FIS) means the official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles,as well as the FIRM and the water surface elevation of the base flood. 27) Flood prone area means any land area acknowledged by a community as being susceptible to inundation by water from any source. (See"Floodplain") 28) Flood Protection Grade(FPG) is the BFE plus two (2) feet at any given location in the SFHA. (See"Freeboard") 29) Flood-related erosion means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event which results in flooding. 30) Floodplain or flood prone area means any land area susceptible to being inundated by water from any source. (See"Flood") 31) Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency 6 preparedness plans, flood control works, floodplain management regulations, and open space plans. 32) Floodplain management regulations means zoning ordinances,subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance), and other applications of police power which control development in flood-prone areas. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. 33) Floodproofing(dry floodproofing)is a method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces. 34) Floodproofing certificate is a form used to certify compliance for non-residential structures as an alternative to elevating structures to or above the FPG. 35) Floodway is the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulative increasing the water surface elevation more than a designated height. 36) Freeboard means a factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood. 37) Fringe or Flood Fringe is the portion of the floodplain lying outside the floodway. 38) Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities,port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities,but does not include long-term storage or related manufacturing facilities. 39) Glacial stone means a rounded stone that satisfies each of the following: a) Was produced by glacial activity. b) No individual stone weighs more than one hundred twenty(120)pounds. c) At least ninety percent (90%) of the material passes through a twelve (12) inch sieve. d) Not more than ten percent(10%)of the material passes through a six(6)inch sieve. 40) Hardship(as related to variances of this ordinance) means the exceptional hardship that would result from a failure to grant the requested variance. The hardship must be exceptional,unusual, and peculiar to the property involved. Mere economic or fmancial hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, 7 as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance,even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. 41) Highest adjacent grade means the highest natural elevation of the ground surface, prior to the start of construction,next to the proposed walls of a structure. 42) Historic structure means any structure that is: a) individually in the National Register of Historic Places(a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by (a) an approved state program as determined by the Secretary of Interior,or(b)directly by the Secretary of Interior in states without approved programs. 43) Hydrologic and hydraulic engineering analysis means analyses performed by a professional engineer licensed by the State of Indiana, in accordance with standard engineering practices that are accepted by the Indiana Department of Natural Resources and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles. 44) International Code Council-Evaluation Service(ICC-ES)Report means a document that presents the findings, conclusions, and recommendations from a particular evaluation. ICC-ES reports provide information about what code requirements or acceptance criteria were used to evaluate a product, and how the product should be identified, installed. 45) Letter of Final Determination (LFD) means a letter issued by FEMA during the mapping update process which establishes final elevations and provides the new flood map and flood study to the community. The LFD initiates the six-month adoption period. The community must adopt or amend its floodplain management regulations during this six-month period unless the community has previously incorporated an automatic adoption clause. 46) Letter of Map Change (LOMC) is a general term used to refer to the several types of revisions and amendments to FEMA maps that can be accomplished by letter. They are broken down into the following categories: a) Conditional Letter of Map Revision (CLOMR)means FEMA's comment on a proposed project that would,upon construction,result in modification of the SFHA through the placement of fill outside the existing regulatory floodway. 8 b) Conditional Letter of Map Revision Based on Fill(CLOMR-F)means a letter from FEMA stating that a proposed structure that will be elevated by fill would not be inundated by the base flood. c) Letter of Map Amendment (LOMA) means an amendment by letter to the currently effective FEMA map that establishes that a building or area of land is not located in a SFHA through the submittal of property specific elevation data. A LOMA is only issued by FEMA. d) Letter of Map Amendment Out as Shown (LOMA-OAS) means an official determination by FEMA that states the property or building is correctly shown outside the SFHA as shown on an effective NFIP map. Therefore, the mandatory flood insurance requirement does not apply. An out-as-shown determination does not require elevations. e) Letter of Map Revision (LOMR) means an official revision to the currently effective FEMA map.It is issued by FEMA and changes flood zones,delineations, and elevations. f) Letter of Map Revision Based on Fill(LOMR-F)means FEMA's modification of the SFHA shown on the FIRM based on the placement of fill outside the existing regulatory floodway. 47) Lowest adjacent grade means the lowest elevation, after completion of construction, of the ground, sidewalk,patio,deck support, or basement entryway immediately next to the structure. 48) Lowest floor means,for floodplain management purposes,the lowest elevation described among the following: a) The lowest floor of a building. b) The basement floor. c) The garage floor if the garage is connected to the building. d) The first floor of a structure elevated on pilings or pillars. e) The floor level of any enclosure,other than a basement,below an elevated structure where the walls of the enclosure provide any resistance to the flow of floodwaters. Designs for meeting the flood opening requirement must either be certified by a registered professional engineer or architect or meet or exceed the following criteria: i) The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of floodwaters. ii) At least two(2)openings are designed and maintained for the entry and exit of floodwater;and these openings provide a total net area of at least one(1) square inch for every one(1) square foot of enclosed area. The bottom of all such openings shall be no higher than one (1) foot above the exterior grade or the interior grade immediately beneath each opening,whichever is higher. Doorways and windows do not qualify as openings. f) The first floor of a building elevated on pilings or columns in a coastal high hazard area(as that term is defined in 44 CFR 59.1),as long as it meets the requirements of 44 CFR 60.3. 49) Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent 9 foundation when attached to the required utilities. The term "manufactured home" does not include a"recreational vehicle." 50) Manufactured home park or subdivision means a parcel(or contiguous parcels)of land divided into two or more manufactured home lots for rent or sale. 51) Mitigation means sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures,and to minimize the cost of disaster response and recovery. 52) Natural grade for floodplain management purposes means the elevation of the undisturbed natural surface of the ground. Fill placed prior to the date of the initial identification of the flood hazard on a FEMA map is also considered natural grade. 53) New construction for floodplain management purposes means any structure for which the "start of construction" commenced on or after the effective date of a floodplain management regulations adopted by a community and includes any subsequent improvements to such structures. 54) New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including at a minimum,the installation of utilities, the construction of streets,and either final site grading or the pouring of concrete pads)is completed on or after the effective date of the community's first floodplain ordinance. 55) North American Vertical Datum of 1988 (NAVD 88) as adopted in 1993 is a vertical control datum used as a reference for establishing varying elevations within the floodplain. 56) Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along,across or projecting into any watercourse which may alter,impede,retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. 57) One-percent annual chance flood is the flood that has a one percent (1%) chance of being equaled or exceeded in any given year. See"Regulatory Flood". 58) Physical Map Revision(PMR)is an official republication of a community's FEMA map to effect changes to base (one-percent annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs. 59) Prefabricated Building is a building that is manufactured and constructed using prefabrication. It consists of factory-made components or units that are transported and assembled on-site to form the complete building. 10 60) Principally above ground means that at least 51 percent of the actual cash value of the structure, less land value, is above ground. 61) Public Freshwater Lake means a naturally formed lake (not man-made) that has been used by the public with the acquiescence of a riparian owner. The term does not include the following: a) Lake Michigan. b) A lake lying wholly or in part within the corporate boundaries of any of the three 3) cities having the largest population in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand 700,000). c) privately owned body of water: i) used for the purpose of surface coal mining; or ii) created as a result of surface coal mining. A listing of Indiana public freshwater lakes is maintained in Natural Resources Commission Information Bulletin#61. 62) Recreational vehicle means a vehicle which is: a) built on a single chassis; b) 400 square feet or less when measured at the largest horizontal projections; c) designed to be self-propelled or permanently towable by a light duty truck; and d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping,travel,or seasonal use. 63) Regulatory flood means the flood having a one percent(1%) chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in Section 6-38.3(2) of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood","One-Percent Annual Chance Flood", and"100-Year Flood". 64) Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equaled or exceeded 25%of the market value of the structure before the damage occurred. 65) Riverine means relating to,formed by,or resembling a river(including tributaries),stream, brook,etc. 66) Solid waste disposal facility means any facility involved in the storage or disposal of non- liquid, non-soluble materials ranging from municipal garbage to industrial wastes that contain complex and sometimes hazardous substances. Solid waste also includes sewage sludge, agricultural refuse, demolition wastes, mining wastes, and liquids and gases stored in containers. 67) Special Flood Hazard Area (SFHA), synonymous with"areas of special flood hazard" and floodplain,means those lands within the jurisdiction of the City subject to a one percent 11 or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps and Flood Insurance Studies as Zones A,AE,AH,AO,Al 30, A99, or VE. The SFHA includes areas that are flood prone and designated from other federal, state, or local sources of data including but not limited to best available flood layer maps provided by or approved by the Indiana Department of Natural Resources,historical flood information reflecting high water marks,previous flood inundation areas,and flood prone soils associated with a watercourse. 68) Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways;nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 69) Structure means a walled and roofed building, including a gas or liquid storage tank, which is principally above ground. The term includes a manufactured home, as well as a prefabricated building. It also includes recreational vehicles installed on a site for more than 180 consecutive days. 70) Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 71) Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "repetitive loss" or"substantial damage" regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. 72) Temporary structure (Public Freshwater Lakes only) means a structure that can be installed and removed from the waters of a public freshwater lake without using a crane, bulldozer,backhoe,or similar heavy or large machinery.Examples of a temporary structure include the following: 12 a) A pier that is supported by auger poles or other poles that do not exceed three and one-half(3''A) inches in diameter and rest on the lakebed; and is not mounted in or comprised of concrete or cement. b) A boat shelter,boat lift, or boat hoist that has a canvas top and sides; is supported by auger poles or other poles that do not exceed three and one-half(3'A)inches in diameter; is not mounted in or comprised of concrete or cement; is designed to float or to rest upon the bed of the lake under its own weight if any structure to which it is attached complies with this section; and, is not wider than ten(10) feet nor longer than twenty(20) feet. 73) Variance is a grant of relief from the requirements of this ordinance consistent with the variance conditions herein. 74) Violation means the failure of a structure or other development to be fully compliant with this ordinance. 75) Walled and roofed means a building that has two or more exterior rigid walls and a fully secured roof and is affixed to a permanent site. 76) Watercourse means a lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Sec. 6-38.3.—General Provisions 1) Lands to Which This Ordinance Applies This ordinance shall apply to all areas of special flood hazard (SFHAs) within the jurisdiction of the City of South Bend,Indiana as identified in Section 6-38.3(2),including any additional areas of special flood hazard annexed by the City of South Bend, Indiana. 2) Basis for Establishing the Areas of Special Flood Hazard a) The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of the City, delineated as an"AE Zone" on the St. Joseph County,Indiana and Incorporated Areas Flood Insurance Rate Map dated January 6, 2011 shall be determined from the one-percent annual chance flood profiles in the Flood Insurance Study of St. Joseph County, Indiana and Incorporated Areas and the corresponding Flood Insurance Rate Maps (FIRM)dated January 6, 2011 as well as any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. Should the floodway limits not be delineated on the Flood Insurance Rate Map for a studied SFHA designated as an"AE Zone", the limits of the floodway will be according to the best available flood layer as provided by the Indiana Department of Natural Resources. b) The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of the City, delineated as an "A Zone" on the St. Joseph County,Indiana and Incorporated Areas Flood Insurance Rate Map,dated January 6,2011,as well as any subsequent updates,amendments,or revisions,prepared by the Federal Emergency Management Agency with the most recent date, shall be according to the best available flood layer provided by the Indiana Department of Natural Resources, provided the upstream drainage area from the subject site is 13 greater than one square mile. Whenever a party disagrees with the best available flood layer, the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to the Indiana Department of Natural Resources for review and subsequently approved. c) The regulatory flood elevation for each SFHA of a public freshwater lake within the jurisdiction of the City delineated as an"Zone AE"on the St. Joseph County, Indiana and Incorporated Areas Flood Insurance Rate Map shall be in the stillwater elevation tables in the Flood Insurance Study of St. Joseph County, Indiana and Incorporated Areas dated January 6, 2011 and any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. A listing of Indiana public freshwater lakes can be found in Natural Resources Commission Information Bulletin#61. d) The regulatory flood elevation for each SFHA of a public freshwater lake within the jurisdiction of the City delineated as an "Zone A" on the St. Joseph County, Indiana and Incorporated Areas Flood Insurance Rate Map dated January 6,2011 as well as any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date, shall be according to the best available flood layer as provided by the Indiana Department of Natural Resources,provided the upstream drainage area from the subject site is greater than one square mile. Whenever a party disagrees with the best available flood layer data,the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to the Indiana Department of Natural Resources for review and subsequently approved. A listing of Indiana public freshwater lakes is maintained in Natural Resources Commission Information Bulletin#61. e) In the absence of a published FEMA map,or absence of identification on a FEMA map,the regulatory flood elevation,floodway,and fringe limits of any watercourse in the community's known flood prone areas shall be according to the best available flood layer as provided by the Indiana Department of Natural Resources, provided the upstream drainage area from the subject site is greater than one square mile. f) Upon issuance of a Letter of Final Determination(LFD),any more restrictive data in the new (not yet effective) mapping/study shall be utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA. 3) Establishment of Floodplain Development Permit A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities in areas of special flood hazard. 4) Compliance a) No structure shall hereafter be located, extended,converted, or structurally altered within the SFHA without full compliance with the terms of this ordinance and other applicable regulations. b) Where an existing or proposed structure or other development is affected by multiple flood zones,by multiple base flood elevations, or both,the development activity must comply with the provisions of this ordinance applicable to the most restrictive flood zone and the most conservative(highest)base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development. 14 c) No land or stream within the SFHA shall hereafter be altered without full compliance with the terms of this ordinance and other applicable regulations. 5) Abrogation and Greater Restrictions This ordinance is not intended to repeal,abrogate,or impair any existing easements,covenants, or deed restrictions. However,where this ordinance and another conflict or overlap,whichever imposes the more stringent restrictions shall prevail. 6) Discrepancy between Mapped Floodplain and Actual Ground Elevations a) In cases where there is a discrepancy between the mapped floodplain(SFHA) with base flood elevations provided(riverine or lacustrine Zone AE)on the FIRM and the actual ground elevations,the elevation provided on the profiles or table of still water elevations shall govern. b) If the elevation of the site in question is below the base flood elevation, that site shall be included in the SFHA and regulated accordingly. c) If the natural grade elevation of the site in question is at or above the base flood elevation and a LOMA or LOMR-FW is obtained, the floodplain regulations will not be applied provided the LOMA or LOMR-FW is not subsequently superseded or invalidated. 7) Interpretation In the interpretation and application of this ordinance all provisions shall be: a) Considered as minimum requirements. b) Liberally construed in favor of the governing body. c) Deemed neither to limit nor repeal any other powers granted under state statutes 8) Warning and Disclaimer of Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this ordinance does not create any liability on the part of the City of South Bend, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this ordinance,or any administrative decision made lawfully thereunder. 9) Penalties for Violation Failure to obtain a Floodplain Development Permit in the SFHA or failure to comply with the requirements of a Floodplain Development Permit or conditions of a variance shall be deemed to be a violation of this ordinance. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Code for the City of South Bend. All violations shall be punishable by a fine as set forth in Section 21-13.02(h). a) A separate offense shall be deemed to occur for each day the violation continues to exist. b) The City of South Bend Zoning Administrator shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended. c) Nothing herein shall prevent the City of South Bend from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. Sec.6-38.4.—Administration. 1) Designation of Administrator The Common Council of the City of South Bend hereby appoints the Building Commissioner to administer and implement the provisions of this ordinance and is herein referred to as the Floodplain Administrator. 15 2) Floodplain Development Permit and Certification Requirements An application for a floodplain development permit shall be made to the Floodplain Administrator for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Such applications shall include, but not be limited to plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically,the following information is required: a) Application stage. i) A description of the proposed development. ii) Location of the proposed development sufficient to accurately locate property and structure(s) in relation to existing roads and streams. iii) A legal description of the property site. iv) For the reconstruction, rehabilitation, or improvement of an existing structure, or an addition to an existing building, a detailed quote and description of the total work to be completed including but not limited to interior work, exterior work,and labor as well as a certified valuation of the existing(pre-improved or pre-damaged) structure. v) A letter from a licensed professional surveyor or engineer noting that an elevation reference benchmark has been established or confirmed for those projects requiring elevations to be met. vi) A site development plan showing existing and proposed development locations and existing and proposed land grades. vii) Verification that connection to either a public sewer system or to an approved on-site septic system is available and approved by the respective regulatory agency for proposed structures to be equipped with a restroom, kitchen or other facilities requiring disposal of wastewater. viii) Plans showing elevation of the top of the planned lowest floor including basement) of all proposed structures in Zones A, AH and AE. Elevation should be in NAVD 88. ix) Plans showing elevation (in NAVD 88) to which any non-residential structure will be floodproofed. x) Plans showing location and specifications for flood openings for any proposed structure with enclosed areas below the flood protection grade. xi) Plans showing materials to be used below the flood protection grade for any proposed structure are flood resistant. xii) Plans showing how any proposed structure will be anchored to resist flotation or collapse. xiii) Plans showing how any electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities are designed and/or located. Elevation should be in NAVD 88. 16 xiv) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A hydrologic and hydraulic engineering analysis is required, and any watercourse changes submitted to the Department of Natural Resources for approval. Once the Department of Natural Resources approval is obtained, a FEMA Conditional Letter of Map Revision must be obtained prior to construction(See Section 6-38.4(3)(h)and Section 6- 38.4(5) for additional information.). xv) Any additional information, as requested by the Floodplain Administrator, which may be necessary to determine the disposition of a proposed development or structure with respect to the requirements of this ordinance. b) Construction Stage. i) Upon establishment of the lowest floor of an elevated structure or structure constructed on fill, it shall be the duty of the applicant to submit to the Floodplain Administrator an elevation certificate for the building under construction. The Floodplain Administrator shall review the elevation certificate. Any deficiencies detected during the review shall be corrected by the applicant before work is allowed to continue. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project. c) Finished Construction. i) Upon completion of construction of any structure requiring certification of elevation, an elevation certificate which depicts the as-built"lowest floor elevation and other applicable elevation data is required to be submitted by the applicant to the Floodplain Administrator. The elevation certificate shall be prepared by or under the direct supervision of a registered land surveyor and certified by the same. ii) Upon completion of construction of an elevated structure constructed on fill, a fill report is required to be submitted to the Floodplain Administrator to verify the required standards were met, including compaction. iii) Upon completion of construction of a floodproofing measure, a floodproofmg certificate is required to be submitted by the applicant to the Floodplain Administrator.The floodproofing certificate shall be prepared by or under the direct supervision of a registered professional engineer or architect and certified by same. 3) Duties and Responsibilities of the Floodplain Administrator The Floodplain Administrator and/or designated staff is hereby authorized and directed to enforce the provisions of this ordinance. The administrator is further authorized to render interpretations of this ordinance,which are consistent with its spirit and purpose. Duties and Responsibilities of the Floodplain Administrator shall include, but are not limited to: a) Enforce the provisions of this ordinance. 17 b) Evaluate application for permits to develop in special flood hazard areas to assure that the permit requirements of this ordinance have been satisfied. c) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information. d) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met or refuse to issue the same in the event of noncompliance. e) Advise permittee that additional Federal, State and/or local permits may be required. If specific Federal, State and/or local permits are known, require that copies of such permits be provided and maintained on file with the floodplain development permit. f) Conduct substantial damage determinations to determine whether existing structures,damaged from any source and in special flood hazard areas,must meet the development standards of these regulations. g) For applications to improve structures, including alterations, movement, enlargement,replacement,repair, change of occupancy, additions,rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator shall: i) Verify and document the market value of the pre-damaged or pre- improved structure. ii) Compare the cost to perform the improvement; or the cost to repair a damaged building to its pre-damaged condition; or, the combined costs of improvements and repair,if applicable,to the market value of the pre-damaged or pre-improved structure. The cost of all work must be included in the project costs, including work that might otherwise be considered routine maintenance. Items/activities that must be included in the cost shall be in keeping with guidance published by FEMA to ensure compliance with the NFIP and to avoid any conflict with future flood insurance claims of policyholders within the community. iii) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the defmition of"substantial improvement' for proposed work to repair damage caused by flood, the determination requires evaluation of previous permits issued to repair flood-related damage as specified in the defmition of substantial damage. iv) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the applicable general and specific standards in Section 6-38.5 of this ordinance are required. h) Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse and submit copies of such notifications to FEMA. 18 i) Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to Sections 6-38.5(1)(a), 6-38.5(1)(c)(i), and 6-38.5(1)(d) of this ordinance. Maintain a record of such authorization (either copy of actual permit/authorization or floodplain analysis/regulatory assessment). j) Verify the upstream drainage area of any proposed development site near any watercourse not identified on a FEMA map to determine if Section 6-38.4(3)(i)is applicable. k) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. 1) Verify and record the actual elevation of the lowest floor(including basement) of all new or substantially improved structures,in accordance with Section 6-38.4(2). m) Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed in accordance with Section 6-38.4(2). n) Make on-site inspections of projects in accordance with Section 6-38.4(4). o) Coordinate with insurance adjusters prior to permitting any proposed work to bring any flood-damaged structure covered by a standard flood insurance policy into compliance(either a substantially damaged structure or a repetitive loss structure) to ensure eligibility for ICC funds. p) Ensure that an approved connection to a public sewer system or an approved on- site septic system is planned for any structures (residential or non-residential) to be equipped with a restroom, kitchen or other facilities requiring disposal of wastewater. q) Provide information, testimony, or other evidence as needed during variance hearings. r) Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with Section 6-38.4(4). s) Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Change (LOMC), copies of Department of Natural Resources permits,letters of authorization,and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents, and "as-built" elevation and floodproofmg data for all buildings constructed subject to this ordinance in accordance with Section 6-38.4(4). t) Coordinate map maintenance activities and associated FEMA follow-up in accordance with Section 6-38.4(5). u) Utilize and enforce all Letters of Map Change(LOMC)or Physical Map Revisions PMR)issued by FEMA for the currently effective SFHA maps of the community. v) Request any additional information which may be necessary to determine the disposition of a proposed development or structure with respect to the requirements of this ordinance. 4) Administrative Procedures a) Inspections of Work in Progress. As the work pursuant to a permit progress, the floodplain administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and terms of the permit. In exercising this power,the administrator has a right,upon presentation of proper credential,to enter on any premises within 19 the territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action. b) Stop Work Orders. i) Upon notice from the floodplain administrator, work on any building, structure or premises that is being done contrary to the provisions of this ordinance shall immediately cease. ii) Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. c) Revocation of Permits. i) The floodplain administrator may revoke a permit or approval, issued under the provisions of this ordinance, in cases where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. ii) The floodplain administrator may revoke a permit upon determination by the floodplain administrator that the construction, erection, alteration, repair,moving,demolition,installation,or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this ordinance. d) Floodplain Management Records. i) Regardless of any limitation on the period required for retention of public records, records of actions associated with the administration of this ordinance shall be kept on file and maintained under the direction of the Floodplain Administrator in perpetuity. These records include permit applications, plans, certifications, Flood Insurance Rate Maps; Letter of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations required by this ordinance; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained;documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance. ii) These records shall be available for public inspection at the St. Joseph County/City of South Bend Building Department, 125 S. Lafayette Blvd., Suite 100, South Bend, IN 46601. e) Periodic Inspection. Once a project is completed, periodic inspections may be conducted by the Floodplain Administrator to ensure compliance. The Floodplain Administrator shall have a right, upon presentation of proper credential, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action. 5) Map Maintenance Activities To meet NFIP minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that St.Joseph County flood maps,studies and other data identified in Section 6- 38.3(2)accurately represent flooding conditions so appropriate floodplain management criteria are based on current data,the following map maintenance activities are identified: 20 a) Requirement to Submit New Technical Data i) For all development proposals that impact floodway delineations or base flood elevations,the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include: a. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries. b. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area. c. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area,including the placement of culverts; and Subdivision or large-scale development proposals requiring the establishment of base flood elevations. ii) It is the responsibility of the applicant to have required technical data for a Conditional Letter of Map Revision or Letter of Map Revision and submitted to FEMA. The Indiana Department of Natural Resources will review the submittals as part of a partnership with FEMA. The submittal should be mailed to the Indiana Department of Natural Resources at the address provided on the FEMA form (MT-2) or submitted through the online Letter of Map Change website. Submittal and processing fees for these map revisions shall be the responsibility of the applicant. iii)The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for proposed floodway encroachments that increase the base flood elevation. iv)Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to this section. b) Right to Submit New Technical Data The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the South Bend Common Council President of and may be submitted to FEMA at any time. c) Annexation/Detachment Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of South Bend have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the St.Joseph County,Indiana and Incorporated Areas Flood Insurance Rate Map accurately represent City boundaries,include within such notification a copy of a map of the City suitable for reproduction, clearly showing the new corporate limits or the new area for which the City has assumed or relinquished floodplain management regulatory authority. 6)Variance Procedures 21 a) The South Bend Area Board of Zoning Appeals as established by the South Bend Common Council shall hear and decide appeals and requests for variances from requirements of this ordinance. b) The board shall hear and decide appeals when it is alleged an error in any requirement, decision,or determination is made by the Floodplain Administrator in the enforcement or administration of this ordinance. Any person aggrieved by the decision of the board may appeal such decision to the St. Joseph County Circuit or Superior Court. c) In considering such applications,the board shall consider all technical evaluations, all relevant factors,all standards specified in other sections of this ordinance, and: i) the danger to life and property due to flooding or erosion damage. ii) the danger that materials may be swept onto other lands to the injury of others. iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. iv) the importance of the services provided by the proposed facility to the community. v) the necessity to the facility of a waterfront location,where applicable. vi)the compatibility of the proposed use with existing and anticipated development. vii) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. viii) the safety of access to the property in times of flood for ordinary and emergency vehicles. ix) the expected height,velocity, duration,rate of rise, and sediment transport of the floodwaters at the site. x) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical,and water systems, and streets and bridges. d) A written report addressing each of the above factors shall be submitted with the application for a variance. e) Variances from the provisions of this ordinance shall only be granted when the board can make positive findings of fact based on evidence submitted at the hearing for the following: i) A showing of good and sufficient cause. ii) A determination that failure to grant the variance would result in exceptional hardship as defined in Section 6-38.2. iii)A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense,create nuisances,cause fraud or victimization of the public,or conflict with existing laws or ordinances. f) No variance for a residential use within a floodway subject to Sections 6- 38.5(1)(a); (1)(c)(i); or(1)(d)of this ordinance may be granted. 22 g) Any variance granted in a floodway subject to Sections 6-38.5(1)(a); (1)(c)(i); or 1)(d)will require a permit from the Indiana Department of Natural Resources. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. h) Variances to the Provisions for Flood Hazard Reduction of Section 6-38.5 may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade. i) Variances may be issued for the repair or rehabilitation of"historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a"historic structure"and the variance is the minimum to preserve the historic character and design of the structure. j) Variances may be issued for new construction, substantial improvements, and other development necessary for the conduct of a functionally dependent use. k) Variances shall only be issued upon a determination that the variance is the minimum necessary,considering the flood hazard,to afford relief. 1) Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this. m)Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Flood Protection Grade and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. n) The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request. Sec. 6-38.5.—Provisions for Flood Hazard Reduction 1) Floodplain Status Standards a) Floodways(Riverine) Located within SFHAs, established in Section 6-38.3(2) are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters,which carry debris,potential projectiles,and has erosion potential.Under the provisions of the Flood Control Act (IC 14281) a permit for construction in a floodway from the Indiana Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing, and paving undertaken before the actual start of construction of the structure. General licenses and exemptions to the requirements of the Flood Control Act (IC 14-28-1 and 312 IAC 10) may apply to qualified additions/improvements to existing lawful residential structures, rural bridges, logjam removals, wetland restoration, utility line crossings, outfall projects, creek rock removal,and prospecting. i) If the site is in a regulatory floodway as established in Section 6-38.3(2), the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources and apply for approval for 23 construction in a floodway, provided the activity does not qualify for a general license or exemption(IC 14-28-1 or 312 IAC 10). ii) No action shall be taken by the Floodplain Administrator until approval has been granted by the Indiana Department of Natural Resources for construction in the floodway, or evidence provided by an applicant that the development meets specified criteria to qualify for a general license or exemption to the requirement of the Flood Control Act. The Floodplain Development Permit shall meet the provisions contained in this article. iii) The Floodplain Development Permit cannot be less restrictive than an approval issued for construction in a floodway issued by the Indiana Department of Natural Resources, or the specified criteria used to qualify for a general license or exemption to the Flood Control Act for a specific site/project. However, a community's more restrictive regulations(if any)shall take precedence. iv)In floodway areas identified on the FIRM, development shall cause no increase in flood levels during the occurrence of the base flood discharge without first obtaining a Conditional Letter of Map Revision and meeting requirements of Section 6-38.4(5)(a). A Conditional Letter of Map Revision cannot be issued for development that would cause an increase in flood levels affecting a structure and such development should not be permitted. v) In floodway areas identified by the Indiana Department of Natural Resources through detailed or approximate studies but not yet identified on the effective FIRM as floodway areas,the total cumulative effect of the proposed development, when combined with all other existing and anticipated development, shall not adversely affect the efficiency of, or unduly restrict the capacity of the floodway. This adverse effect is defined as an increase in the elevation of the regulatory flood of at least fifteen-hundredths (0.15) of a foot as determined by comparing the regulatory flood elevation under the project condition to that under the natural or pre-floodway condition as proven with hydraulic analyses. vi)For all projects involving channel modifications or fill (including levees), the City shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data per mapping standard regulations found at 44 CFR§ 65.12. b) Fringe(Riverine) If the site is in the fringe (either identified on the FIRM or identified by the Indiana Department of Natural Resources through detailed or approximate studies and not identified on a FIRM), the Floodplain Administrator may issue the local Floodplain Development Permit provided the provisions contained in this section have been met. c) SFHAs without Established Base Flood Elevation and/or Floodways/Fringes Riverine) i) Drainage area upstream of the site is greater than one square mile: If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined,and the drainage area upstream of the site is greater than one square mile,the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications,to the Indiana Department of Natural Resources for review and comment. 24 No action shall be taken by the Floodplain Administrator until written approval from the Indiana Department of Natural Resources (approval for construction in a floodway, letter of authorization, or evidence of general license qualification) or a floodplain analysis/regulatory assessment citing the one-percent annual chance flood elevation and the recommended Flood Protection Grade has been received from the Indiana Department of Natural Resources. Once the Floodplain Administrator has received the proper written approval, evidence of general license qualification, or floodplain analysis/regulatory assessment approving the proposed development from the Indiana Department of Natural Resources, a Floodplain Development Permit may be issued, provided the conditions of the Floodplain Development Permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in this section have been met. ii) Drainage area upstream of the site less than one square mile: If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodplain and one-percent annual chance flood elevation for the site. Upon receipt, the Floodplain Administrator may issue the local Floodplain Development Permit, provided the provisions contained in this section have been met. d) SFHAs not Identified on a Map i) If a proposed development site is near a waterway with no SFHA identified on a map, the Floodplain Administrator shall verify the drainage area upstream of the site. If the drainage area upstream of the site is verified as being greater than one square mile, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources for review and comment. ii) No action shall be taken by the Floodplain Administrator until written approval from the Indiana Department of Natural Resources (approval for construction in a floodway, letter of authorization, or evidence of general license qualification) or a floodplain analysis/regulatory assessment citing the one-percent annual chance flood elevation and the recommended Flood Protection Grade has been received from the Indiana Department of Natural Resources. iii)Once the Floodplain Administrator has received the proper written approval, evidence of general license qualification, or floodplain analysis/regulatory assessment approving the proposed development from the Indiana Department of Natural Resources, a Floodplain Development Permit may be issued, provided the conditions of the Floodplain Development Permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in this section have been met. 25 e) Public Freshwater Lakes Within the SFHA are public freshwater lakes. Public freshwater lakes are governed by IC 14-26-2(sometimes referred to as the Lakes Preservation Act)and rules adopted by the Natural Resource Commission at 312 IAC 11-1 through 312 IAC 11-5 to assist with its implementation. A listing of public freshwater lakes can be found in the Indiana Register,Information Bulletin#61.Noting while Lake Freeman and Lake Shafer are listed,Indiana Department of Natural Resources and Natural Resource Commission authority is abridged by IC 14-26-2-15. Dredging of public freshwater lakes is addressed in the Indiana Register, Information Bulletin#60 i) Lakes Preservation Act jurisdiction is based on the specific lake's legally established lake level, where this legally established elevation legal lake level)meets the land along the shoreline. When no legal lake level is established for a lake, average normal shoreline at each site is used,based on observation of breaks such as lakebed vs ground and lines of demarcation. ii) Indiana Department of Natural Resources approval is required for excavation, fill, and placement, modification, or repair of a temporary or permanent structure over, along or lakeward of the shoreline or waterline of a public freshwater lake. Walls landward of the shoreline within ten(10) feet) and below legal or normal water level of a public freshwater lake also require prior approval from the Department of Natural Resources. iii)General licenses and exemptions to the Lake Preservation Act may apply to the placement of temporary piers, dry hydrants, aerators, or glacial stone reface,provided they meet the specific criteria of the Public Lakes Rules. iv)No action shall be taken by the Floodplain Administrator until a permit or letter of authorization (when applicable) has been issued by the Indiana Department of Natural Resources granting approval or qualification for a general license has been verified. Once a permit or approval has been issued by the Indiana Department of Natural Resources (or general license qualification verified), the Floodplain Administrator may issue the local Floodplain Development Permit, provided the applicable provisions contained in this section have been met. The Floodplain Development Permit cannot be less restrictive than the permit issued by the Indiana Department of Natural Resources. However,a community's more restrictive regulations(if any) shall take precedence. 2) General Standards In all areas of special flood hazard, the following provisions are required: a) All new construction, reconstruction or repairs made to a repetitive loss structure, and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. b) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG. c) New construction and substantial improvements must incorporate methods and practices that minimize flood damage. d) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be located at/above the FPG for residential structures. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other 26 service facilities shall be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG for non-residential structures. Water and sewer pipes, electrical and telephone lines, submersible pumps,and other waterproofed service facilities may be located below the FPG. e) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. f) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. g) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. h) Any alteration, repair, reconstruction, or improvements to a structure that is in compliance with the provisions of this ordinance shall meet the requirements of new construction"as contained in this ordinance. i) Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions), which is greater than fifty(50) lots or five(5)acres,whichever is less. j) Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both,the development activity must comply with the provisions of this ordinance applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments,affecting any part of the area of the development. k) Fill projects that do not involve a structure must be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used,the slopes shall be no steeper than 3' horizontal to 1' vertical. 1) Non-conversion agreements shall be required for all new or substantially improved elevated structures with an enclosure beneath the elevated floor, accessory structures, and open-sided shelters. m)Construction of new solid waste disposal facilities, hazard waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in areas of special flood hazard. n) Whenever any portion of the SFHA is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the BFE shall be compensated for and balanced by an equivalent volume of excavation taken below the BFE. The excavation volume shall be at least equal to the volume of storage lost(replacement ratio of 1 to 1)due to the fill or structure. i) The excavation shall take place in the floodplain and in the same property in which the authorized fill or structure is located. ii) Under certain circumstances, the excavation may be allowed to take place outside of but adjacent to the floodplain provided that the excavated volume will be below the regulatory flood elevation, will be in the same property in which the authorized fill or structure is located, will be accessible to the regulatory flood water, will not be subject to ponding when not inundated by flood water, and that it shall not be refilled. iii)The excavation shall provide for true storage of floodwater but shall not be subject to ponding when not inundated by flood water. iv)The fill or structure shall not obstruct a drainage way leading to the floodplain. 27 v) The grading around the excavation shall be such that the excavated area is accessible to the regulatory flood water. vi)The fill or structure shall be of a material deemed stable enough to remain firm and in place during periods of flooding and shall include provisions to protect adjacent property owners against any increased runoff or drainage resulting from its placement. vii) Plans depicting the areas to be excavated and filled shall be submitted prior to the actual start of construction or any site work; once site work is complete, but before the actual start of construction, the applicant shall provide to the Floodplain Administrator a certified survey of the excavation and fill sites demonstrating the fill and excavation comply with this article. 3) Specific Standards In all areas of special flood hazard where base flood elevation data or flood depths have been provided,as set forth in Section 6-38.3(2),the following provisions are required: a) Building Protection Requirement. In addition to the general standards described in Section 6-38.5(2) structures to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations: i) Construction or placement of a residential structure. ii) Construction or placement of a non-residential structure. iii)Addition or improvement made to an existing structure where the cost of the addition or improvement equals or exceeds 50% of the value of the existing structure (excluding the value of the land). An addition and/or improvement project that is continuous in scope or time is considered as one project for permitting purposes. iv)Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to its before damaged condition equals or exceeds 50% of the market value of the structure (excluding the value of the land)before damage occurred(the costs of any proposed additions or improvements beyond restoring the damaged structure to its before damaged condition must be included in the cost). v) Installing a manufactured home on a new site or a new manufactured home on an existing site. vi)Installing a travel trailer or recreational vehicle on a site for more than 180 days. vii) Reconstruction or repairs made to a repetitive loss structure. viii) Addition or improvement made to any existing structure with a previous repair,addition or improvement constructed since the community's first floodplain ordinance. b) Residential Construction i) New construction or substantial improvement of any residential structures shall meet provisions described in Section 6-38.5(1) and applicable general standards described in Section 6-38.5(2). ii) In Zone A and Zone AE,new construction or substantial improvement of any residential structure shall have the lowest floor; including basement,at or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Section 6-38.5(3)(b)(iii). Should fill be used to 28 elevate a structure, the standards of Section 6-38.5(3)(b)(iv) must be met. iii)Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall meet the following requirement: 1. Designed to preclude finished living space and designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. Flood openings must be designed and certified by a registered design professional (requires supporting engineering certification or make/model specific ICC-ES Report), or meet the following criteria for non- engineered flood openings: A. Provide a minimum of two openings on different sides of an enclosure. If more than one enclosed area is present, each must have openings on exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area). B. The bottom of all openings shall be no more than one foot above the higher of the final interior grade (or floor) and the finished exterior grade immediately under each opening. C. If the floor of the enclosure is below the BFE,the openings must be located wholly below the BFE. D. If the floor of the enclosure is at or above the BFE, but below the FPG,the openings must be located wholly below the FPG. E. Doors and windows do not qualify as openings. F. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. G. Openings are to be not less than 3 inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device. H. Property owners shall be required to execute and record with the structure's deed a non-conversion agreement declaring that the area below the lowest floor (where the interior height of the enclosure exceeds 6 feet) shall not be improved,finished or otherwise converted;the community will have the right to inspect the enclosed area. The non- conversion agreement shall be recorded in the office of the St. Joseph County Recorder. I. The floor of such enclosed area must be at or above grade on at least one side. iv)A residential structure may be constructed on fill in accordance with the following: 1. Fill shall be placed in layers no greater than 1 foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method. The 29 results of the test showing compliance shall be retained in the permit file. 2. Fill shall extend ten (10) feet beyond the foundation of the structure before sloping below the BFE 3. Fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used,the slopes shall be no steeper than 3' horizontal to l' vertical. 4. Fill shall not adversely affect the flow of surface drainage from or onto neighboring properties. 5. Fill shall be composed of clean granular or earthen material. v) A residential structure may be constructed using a stem wall foundation also called chain wall, raised-slab-on-grade, and slab-on-stem-wall- with-fill). Any backfilled stem wall foundation(also called chain wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill) must be backfilled with compacted structural fill, concrete, or gravel that supports the floor slab. No flood openings are required for this type of construction. c) Non-Residential Construction. i) New construction or substantial improvement of any non-residential structures (excludes accessory structures) shall meet provisions described in Section 6-38.5(1) and applicable general standards described in Section 6-38.5(2). ii) In Zone A and Zone AE,new construction,or substantial improvement of any commercial, industrial, or non-residential structure (excludes accessory structures) shall either have the lowest floor, including basement, elevated to or above the FPG or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Section 6-38.5(3)(c)(iii). Should fill be used to elevate a structure, the standards of Section 6-38.5(3)(c)(iv)must be met. iii)Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall meet the following requirement. 1. Designed to preclude finished living space and designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. Flood openings must be designed and certified by a registered design professional (requires supporting engineering certification or make/model specific ICC-ES Report), or meet the following criteria for non-engineered flood openings: A. Provide a minimum of two openings on different sides of an enclosure. If more than one enclosed area is present, each must have openings on exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area). B. The bottom of all openings shall be no more than one foot above the higher of the fmal interior grade (or floor) and 30 the finished exterior grade immediately under each opening. C. If the floor of the enclosure is below the BFE,the openings must be located wholly below the BFE. D. If the floor of the enclosure is at or above the BFE, but below the FPG,the openings must be located wholly below the FPG. E. Doors and windows do not qualify as openings. F. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. G. Openings are to be not less than 3 inches in any direction in the plane of the wall. This requirement applies to the hole in the wall,excluding any device that may be inserted such as typical foundation air vent device. 2. The floor of such enclosed area must be at or above grade on at least one side. iv)A nonresidential structure may be constructed on fill in accordance with the following: 1. Shall be placed in layers no greater than 1 foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method. The results of the test showing compliance shall be retained in the permit file. 2. Shall extend ten (10) feet beyond the foundation of the structure before sloping below the BFE. 3. Shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes shall be no steeper than 3' horizontal to 1' vertical. 4. Shall not adversely affect the flow of surface drainage from or onto neighboring properties. 5. Shall be composed of clean granular or earthen material. v) A nonresidential structure may be floodproofed in accordance with the following: 1. A Registered Professional Engineer or Architect shall certify that the structure has been designed so that below the FPG,the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the Floodplain Administrator. 2. Floodproofing measures shall be operable without human intervention and without an outside source of electricity. vi)A nonresidential structure may be constructed using a stem wall foundation (also called chain wall, raised-slab-on-grade, and slab-on- stem-wall-with-fill). Any backfilled stem wall foundation must be backfilled with compacted structural fill, concrete, or gravel that supports the floor slab. No flood openings are required for this type of construction. 31 d) Manufactured Homes and Recreational Vehicles. i) These requirements apply to all manufactured homes to be placed on a site in the SFHA: 1. The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 2. Fully enclosed areas formed by foundation and other exterior walls below the FPG shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in Section 6-38.5(3)(b)(iii). 3. Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings. ii) Recreational vehicles placed on a site in the SFHA shall either: 1. Be on site for less than 180 days and be fully licensed and ready for use on a public highway(defined as being on its wheels or jacking system,is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions), or 2. Meet the requirements for "manufactured homes" as stated earlier in this section. e) Accessory Structures Within SFHAs,new construction or placement of an accessory structure must meet the following standards: i) Shall have a floor area of 400 square feet or less. ii) Use shall be limited to parking of vehicles and limited storage. iii)Shall not be used for human habitation. iv)Shall be constructed of flood resistant materials. v) Shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters. vi)Shall be firmly anchored to prevent flotation. vii) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the FPG. viii) Shall be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in Section 6-38.5(3)(c)(iii). ix) Shall not have subsequent additions or improvements that would preclude the structure from its continued designation as an accessory structure. f) Free-standing Pavilions, Gazebos, Decks, Carports, and Similar Development. Within SFHAs,new construction or placement of free-standing pavilions,gazebos, decks,carports, and similar development must meet the following standards: i) Shall have open sides(having not more than one rigid wall). ii) Shall be anchored to prevent flotation or lateral movement. iii)Shall be constructed of flood resistant materials below the FPG. 32 iv)Any electrical, heating, plumbing and other service facilities shall be located at/above the FPG. v) Shall not have subsequent additions or improvements that would preclude the development from its continued designation as a free- standing pavilion,gazebo,carport, or similar open-sided development. g) Above Ground Gas or Liquid Storage Tanks. Within SFHAs,all newly placed or replacement aboveground gas or liquid storage tanks shall meet the requirements for a non-residential structure as required in Section 6-38.5(3)(c). 4) Standards for Subdivision and Other New Developments a) All subdivision proposals and all other proposed new development shall be consistent with the need to minimize flood damage. b) All subdivision proposals and all other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. c) All subdivision proposals and all other proposed new development shall have adequate drainage provided to reduce exposure to flood hazards. d) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and all other proposed new development (including manufactured home parks and subdivisions), which is greater than fifty (50) lots or five (5) acres, whichever is less. e) All subdivision proposals shall minimize development in the SFHA and/or limit density of development permitted in the SFHA. f) All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles(especially emergency responders). g) Streets,blocks lots,parks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams and channels. Wherever possible the floodplains shall be included within parks or other public grounds. 5) Standards for Critical Facilities Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated to or above the FPG at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the FPG shall be provided to all critical facilities to the extent possible. Sec. 6-38.6.—Legal Status Provisions 1) Severability. If any section,subsection,sentence,clause,or phrase of these regulations is, for any reason,declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole,or any part thereof,other than the part so declared. 2) Effective Date. This ordinance shall be in full force and effect upon adoption by the Common Council and approval by the Mayor. 33 Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado,City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at o'clock .m. Bianca L. Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2025,at o'clock m. James Mueller,Mayor City of South Bend,Indiana 34 City of South Bend BOARD OF ZONING APPEALS April 8, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1702 Western Avenue BZA #0325-25 Dear Committee Chair Dr. Davis: Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your April 14, 2025, Council meeting and set it for public hearing at your May 12, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the May 5, 2025, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: Special Exception to permit the use of a restaurant The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, ;(a./u_ /)� Kari Myers Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning 24-25 Filed in Clerk's Office BILL NO. 24-25 ORDINANCE NO. Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1702 WESTERN AVENUE COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow a restaurant use NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1702 Western Avenue, South Bend, IN 46619. 018-4012-0391 In order to permit restaurant use SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - City of South Ben°227 W. Jefferson - Suite 1400S South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 71-08-10-428-015.000-026/ 018-4012-0391 Address: 1702 West Western Avenue South Bend, Indiana 46619 Owner: A & M Wireless Inc. Zoning: OF Urban Flex Project Summary: The property consists of two storefronts. One is storefront is vacant. The owner is in negotiations with a tenant to fill the vacancy with an ice cream shoppe and restaurant offering Mexican-American ice cream, desserts, and some hot food in a cafe setting. Requested Action E Special Exception/ Use Variance— complete and attach Criteria for Decision Making Use requested:Restaurant Variance(s) - List variances below, complete and attach Criteria for Decisio ipg Variance(s) requested: V 2025 er Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Required Documents j] Completed Application (including Criteria for Decision Making and Contact Information) Q Site Plan drawn to scale 0 Filing Fee Criteria for Decision Making Special Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: it would be consistent with the retail character of the building and neighborhood. The building presently is used for retail mobile phone sales in its occupied storefront. The proposed use would replace the vacant storefront with a family-friendly, attractive addition to the neighborhood. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: the building has been used for commercial purposes for years. Reinvesting in the building by filling a vacancy with an attractive tenant would improve the site and adjacent area. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: the site is located along a commercial corridor that contains a mix of uses including commercial storefronts and other restaurants. The restaurant use would be consistent with the existing character of the Western Avenue corridor. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: the proposed use is consistent with the vision of South Bend 2045 by increasing quality of life and engagement with businesses and also by promoting the vibrancy of city neighborhoods. Contact Information Property owner(s) of the petition site: Name: A & M Wireless Inc. Address: 1702 West Western Avenue South Bend, Indiana 46619 Name: Address: Name: Address: Contact Person: Name: Jaswinder "Jessy" Singh Address: 740 South Main Street Elkhart, Indiana 46516 Phone Number: ( 574) 904-0505 jessysingh0505@gmail.com E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: 1200 COUN'IY-CITY BUILDING 227 W. JEFFERSON BOUl.l\V,\RD SOUTI I Bl•:ND, I Dir\1 r\ 46601-1830 Pl fONI'. 574/235-9241 FAX 574/235-7670 TTY 574/235-5567 CITY OF SOUTI I B!c D JAMES MUELLER, MAYOR DEPARTMENT OF LAW S,\NDRr\ KENNl•:DY CORPORATION Cou SI(], Honorable Committee Chair Tomas Morgan 4th Floor, County-City Building South Bend, IN 46601 RE: Firearm Discharge Ordinance Dear Committee Chair Tomas Morgan: April 8, 2025 JiiNNAKTIIROW CITY A'ITORNEY Filed in Clerk's Office . Bianca Tirado C,ty Clerk, South Bend, IN Enclosed please find an Ordinance proposing amendments to the Firearm Discharge Ordinance at Section 13-58 of the Municipal Code, as well as related amendments to Sections 2-142 and 13-96. The amendments to the Firearm Discharge Ordinance will increase the enforceability of this Ordinance by providing for a self­ defense exception and other requirements of the Second Amendment. The proposed amendment will also clarify other provisions of the Municipal Code related to firearms which are now incorporated into the provisions of Sec. 13-58. Amendments to other sections will strike references within other sections of the Municipal Code which are now contained within Section 13-58. Please include the attached Ordinance on the Council agenda for first reading at your April 14, 2025 Council meeting and set it for public hearing, 2nd, and 3rd reading at your April 28, 2025 Council meeting. If you have any questions, please feel free to contact me. DANIELLE WEISS THOMAS E. PANOWICZ Sincerely, MICHAEL SCHMIDT ADAM E. TAYLOR KYLIE CONNELL JOHN DORBIN 26-25 Filed in Clerk's Office BILL NO. 26-25 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 13, ARTICLE 4, SECTION 13-58; CHAPTER 2, ARTICLE 12, SECTION 2-142; AND CHAPTER 13, ARTICLE 10, SECTION 13-96 TO UPDATE THE REGULATIONS FOR DISCHARGING FIREARMS STATEMENT OF PURPOSE AND INTENT Chapter 13, Article 4, Sec. 13-58 of the South Bend Municipal Code provides the regulations for discharging firearms within City limits. The proposed amendment will increase the enforceability of this Ordinance by providing for a self-defense exception and other requirements of the Second Amendment. The proposed amendment will also clarify other provisions of the Municipal Code related to firearms which are now incorporated into the provisions of Sec. 13-58. Specifically, this proposed amendment will strike references to and within Chapter 2, Article 12 of the Municipal Code regarding the discharge of firearms within cemeteries that are already incorporated into the provisions of Sec. 13-58. This ordinance amendment is necessary for the effective, efficient administration of the City's enforcement of firearm discharges. This ordinance is in the best interest of the City and its residents. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 13, Article 4, Sec. 13-58 shall be amended to read in its entirety as follows: Sec. 13-58 —Discharging firearms prohibited; exception a) For purposes of this Section, a firearm shall be defined as follows: Any weapon, whether loaded or unloaded,that is capable of expelling or designed to expel or that may readily be converted to expel a projectile by means of an explosion and includes any such weapon commonly referred to as a pistol, revolver, rifle, gun, shotgun or machine gun. b) It shall be unlawful for any person to discharge a firearm in the city limits. c) It shall not be a violation of this section to discharge a firearm under the following conditions: 1) Acting in self-defense, as defined by state law; 2) Law enforcement officers in the performance of their duties; 3) A legally established firing range; 1 4) U.S. Armed Forces in the performance of their duties; 5) Prior City authorized events, such as parades, funerals,or other authorized events. d) Any person violating this Section, and not subject to an exception set forth in subsection c) above, may be issued a citation which is subject to a fine of two thousand five hundred dollars($2,500.00)per violation. SECTION II. Section 2-142 shall be amended as follows: 1) Discharging firearms, except at military funerals and memorial celebrations; SECTION III. Section 13-96 shall be amended as follows: Any person intentionally displaying a firearm in violation of this Article, or found to be in violation of Section 2 '4 (b)(4`, or Section 13-58, or Section 19-44 of this Code, shall be issued an ordinance violation citation with a fine of two thousand five hundred dollars ($2,500.00). Citations shall contain the date, time,name, and address of the violator, the Code section violated, the nature of the violation,location of the violation,and the name of the person issuing the citation. The citation shall have instructions thereon as to the disposition of the citation. SECTION IV. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of 2025 Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk 2 Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 3 Filed in Clerk's Office Bianca Tirado BILL NO. City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 13,ARTICLE 4,SECTION 13-58; CHAPTER 2, ARTICLE 12, SECTION 2-142; AND CHAPTER 13,ARTICLE 10,SECTION 13-96 TO UPDATE THE REGULATIONS FOR DISCHARGING FIREARMS STATEMENT OF PURPOSE AND INTENT Chapter 13, Article 4, Sec. 13-58 of the South Bend Municipal Code provides the regulations for discharging firearms within City limits. The proposed amendment will increase the enforceability of this Ordinance by providing for a self-defense exception and other requirements of the Second Amendment. The proposed amendment will also clarify other provisions of the Municipal Code related to firearms which are now incorporated into the provisions of Sec. 13-58. Specifically, this proposed amendment will strike references to and within Chapter 2, Article 12 of the Municipal Code regarding the discharge of firearms within cemeteries that are already incorporated into the provisions of Sec. 13-58. This ordinance amendment is necessary for the effective, efficient administration of the City's enforcement of firearm discharges. This ordinance is in the best interest of the City and its residents. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. Chapter 13, Article 4, Sec. 13-58 shall be amended as follows: Sec. 13-58-Discharging firearms prohibited; exception a) For purposes of this Section, a firearm shall be defined as follows: Any weapon, whether loaded or unloaded,that is capable of expelling or designed to expel or that may readily be converted to expel a projectile by means of an explosion and includes any such weapon commonly referred to as a pistol, revolver, rifle, gun, shotgun or machine gun. Ne-perssn Y b 9 J • b 9 b Y" 9 • 9 ether-nameierzname. 1 b) It shall be unlawful for any person to discharge a firearm in the city limits. Tt c) It shall not be a violation of this section to discharge a firearm under the following conditions: 1) Acting in self-defense, as defined by state law; 2) Law enforcement officers in the performance of their duties; 3) A legally established firing range; 4) U.S.Armed Forces in the performance of their duties; 5) Prior City authorized events, such as parades, funerals,or other authorized events. d) Any person violating this Section, and not subject to an exception set forth in subsection c)above, may be issued a citation which is subject to a fine of two thousand five hundred dollars($2,500.00)per violation. SECTION II. Section 2-142 shall be amended as follows: 1) Discharging firearms, except at military funerals and memorial celebrations; SECTION III. Section 13-96 shall be amended as follows: Any person intentionally displaying a firearm in violation of this Article, or found to be in violation of Section 2 141(b)(4), or Section 13-58, or Section 19-44 of this Code, shall be issued an ordinance violation citation with a fine of two thousand five hundred dollars ($2,500.00). Citations shall contain the date,time,name, and address of the violator,the Code section violated, the nature of the violation, location of the violation,and the name of the person issuing the citation. The citation shall have instructions thereon as to the disposition of the citation. SECTION IV. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of 2025 Canneth Lee, President, South Bend Common Council ATTEST: Bianca Tirado, City Clerk Presented by me to the Mayor of the City of South Bend. Indiana on the day of 2025,at o'clock_.m. Bianca Tirado, City Clerk 2 Approved and signed by me on the day of 2025,at o'clock_.m. James Mueller, Mayor, City of South Bend, Indiana 3 1200 C0UNIY-01YBUILDING 227 W. JEFFERSON BOUIEV ARD SoUIHBEND, INDIANA 46601-1830 PHONE 574/235-9241 FAX 574/235-7670 TTY 574/235-5567 OTY OF Sourn BEND JAMES MUELLER, MAYOR DEPARTMENT OF LAW SANDRA KENNEDY CORPORATION COUNSEL Honorable Committee Chair Tomas Morgan 4th Floor, County-Gty Building South Bend, IN 46601 RE: Public Nuisance Noise Ordinance Dear Committee Chair Tomas Morgan: April 8, 2025 JENNA K. THROW OTY ATTORNEY Filed in Clerk's OfficeC·ty Bianca Tirado 1 Clerk s th ' ou Bend, INEnclosed please find an Ordinance proposing repeal of the Public Nuisance Noise Ordinance at Section 13-81 of the Municipal Code. This amendment is requested because the topic of public nuisance noise is already regulated in detail by Section 13-57 of the Municipal Code, and Section 13-81 lacks the same level of detail as Section 13-57. Repealing the less detailed ordinance increases the enforceability of noise regulation and allows enforcement to proceed clearly under the more detailed provisions. Please include the attached Ordinance on the Council agenda for first reading at your April 14, 2025 Council meeting and set it for public hearing, 2nd, and 3rd reading at your April 28, 2025 Council meeting. If you have any questions, please feel free to contact me. Sincerely, �'t� �K.Throw G Attorney DANIELLE WEISS 1HOMAS E. PANOWICZ. MIGiAEL SGIMIDT ADAME. TAYLOR KYLIE CONNELL JOHNDORBIN 27-25 Filed in Clerk's Office BILL NO. 27-25 ORDINANCE NO. Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 13,ARTICLE 7, SECTION 13-81 TO REPEAL THE ORDINANCE PROHIBITING PUBLIC NUISANCE NOISES STATEMENT OF PURPOSE AND INTENT Chapter 13, Article 7, Sec. 13-81 of the South Bend Municipal Code provides regulations for prohibitions on public nuisance noises. Section 13-57, contained in Chapter 13, Article 4, also contains detailed regulations regarding unreasonable noise. As Section 13-57 contains more detailed regulations regarding the same topic, the regulations in Section 13-81 would be duplicative without providing for the specificity contained in Section 13-57. An amendment to the Municipal Code repealing Section 13-81 and regulating the topic of unreasonable noise through Section 13-57 is necessary for the effective enforcement of these noise regulations. This ordinance is in the best interest of the City and its residents. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 13, Article 7, Sec. 13-81 shall be repealed in its entirely.: SECTION II. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law. Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the 1 City of South Bend, Indiana on the _ day of 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 CITY OF SOUTH BEND VENUES PARKS & ARTS April 9, 2025 Councilman Canneth Lee 4th Floor, County -City Building South Bend, IN 4660 l 301 S St. Louis Blvd. South Bend, IN 46617 0: 574.245.6053 F: 574.245.6053 sbvpa.org JAMES MUELLER Mayor JORDAN V GATHERS '" Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN RE: Federal Trade Commission Ruling Morris Performing Arts Center Historic Preservation Fee Adjustment Dear President Councilman Lee: Enclosed is an Ordinance amending the Historic Preservation Ticket Surcharge for the Morris Performing Arts Center. The Morris Performing Arts Center is expected to update its ticketing fee structure in response to new Federal Tr ade Commission regulations requiring full disclosure of all fees at the time of ticket purchase. Currently, a $3.50 Historic Preservation/Facility Fee is charged per ticket, and a $5.00 Order Fee is charged per transaction. However, the Morris's ticketing vendor, E-Tix, is unable to incorporate the per-transaction Order Fee into the total ticket price as required by the new regulations beginning May 12, 2025. To ensure compliance while maintaining necessary revenue for the Morris, the proposed ordinance eliminates the $5.00 Order Fee and instead increases the per-ticket Historic Preservation/Facility Fee by $1.25, bringing it to $4.75. This change allows all costs to be clearly disclosed per ticket, ensuring transparency and aligning with federal guidelines. The full ordinance is attached for your reference. If you have any questions, please feel free to contact our office. Sincerely, 0/ -/2/// Dezha Moore General Manager of Venues, VPA CC: Jordan Gathers, VPA Executive Director EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 28-25 Filed in Clerk's Office BILL NO. 28-25 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE HISTORIC PRESERVATION TICKET SURCHARGE FOR THE MORRIS PERFORMING ARTS CENTER STATEMENT OF PURPOSE AND INTENT The City of South Bend's("City")Morris Performing Arts Center(the"Morris")currently charges a Historic Preservation/Facility Fee of Three Dollars and Fifty Cents ($3.50)that is added onto the face value of each ticket sold at the Morris. The Morris also charges an Order Fee on each transaction of Five Dollars ($5.00), which represents an average cost of extra materials and processes for all ticket purchases, such as shipping, ticket stock, printing costs, stamps, and intangible operation costs. Recent regulations issued by the Federal Trade Commission governing the disclosure of fees at the time of ticket purchase have changed the way the City presents Morris ticket prices through its ticketing vendor to prospective purchasers. The City's ticketing vendor is not able to include the Order Fee into the Total Price, as required by the new regulations on or before May 12, 2025, as it is charged per transaction rather than per ticket. It remains unclear whether a disclaimer regarding the transaction fee on the City's ticketing website would allow the City to be in full compliance with the new regulations, as best practices are still developing. The most clear way to comply with the regulations is to include all fees per ticket in the Total Price. The City and Morris recognize the Order Fee is an important part of the revenue of the Morris, and desire to ensure that this revenue is able to be captured at the time of purchase while remaining in compliance with federal regulations. The proposed ordinance would shift the transaction fee into a small increase, in the amount of One Dollar and Twenty-Five Cents ($1.25), in the per ticket Historic Preservation/Facility Fee and eliminate the Order Fee.This increase reflects the average cost of extra materials and processes for all ticket purchases, such as shipping, ticket stock, printing costs, stamps, and intangible operation costs so that it may properly be disclosed at the time of purchase. This ordinance is in the best interest of the City and its residents. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Historic Preservation/Facility ticket surcharge is hereby increased from Three Dollars and Fifty Cents ($3.50) to Four Dollars and Seventy-Five Cents ($4.75) and the 1 Order Fee is hereby eliminated. There shall be no change to the distribution of the first Three Dollars and Fifty Cents of this surcharge. The additional Dollar Twenty-Five Cents ($1.25) shall be distributed in the same manner as funds from the prior Order Fee. SECTION II. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law. Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2