9495-04 Repealing and Replacing Chapter 21, Article 1 though 11 - The City of South Bend Zoning Ordinanace

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Section 21-OS Planned Unit Development District (d) Modification Of Preliminary Plan Or Secondary Approval Minor modifications to a preliminary plan or secondary approval which has already received approval from the Area Plan Commission or the Executive Director and which do not involve: (a) an increase in height, area, bulk or intensity of land uses; (b) the designation of additional land uses; (c) the reduction in perimeter yards; (d) an encroachment into any drainage easement, regulated drain setback or floodplain; (e) the addition of driveways or access points; or, (f) reduction in the amount of parking for any use below that which is required by Section 21-07.04 of this Ordinance, maybe authorized by the Executive Director without a public hearing in its continuing administration of the PUD if, in the determination of the Executive Director, the requested minor modifications do not adversely impact the purpose or intent of the overall development. If the Executive Director determines that the proposed modification is of such a nature as to adversely impact the purpose or intent of the overall development, or if the proposed modification includes: (a) an increase in height, azea, bulk or intensity of land uses; (b) the designation of additional land uses; (c) the reduction in perimeter yards; (d) an encroachment into any drainage easement, regulated drain setback or floodplain; (e) the addition of driveways or access points; or, (f} reduction in the amount of pazking for any use below that which is required by Section 21-07.04 of the Ordinance, Petitioner shall be required to file a new petition for zone map change. (e) Secondary Plat Approval The process for the approval and recording of a secondary plat for any development in a PUD approved pursuant to this Section 21-OS shall be issued in a manner consistent with that for any other subdivision within the City of South Bend as set forth in Chapter 21, Article 8 -Subdivisions (or any successor Subdivision Control Ordinance) and with any additional requirements or commitments entered into in connection with the approval of the preliminary plan pursuant to this Section 21-05. The approval and recording of a secondary plat is required prior to the issuance of a improvement location permit for any improvements on a lot. (f) Maintenance Of Common Open Space In those PUD Districts in which open space, common areas or recreation azeas aze provided for the use and enjoyment of residents or users of the PUD District, the petitioner shall file documentary assurances that the permanent dedication and continuous maintenance of open space, common areas or recreation areas shall be made in accordance with the approved preliminary plan and secondary approval, and that the open space, common azeas and recreation azeas shall be made available to the residents and users of the overall development in the PUD at a reasonable and non-discriminatory rate of charge. Such documentary assurances shall be incorporated into the secondary 11 Ord. No.: 9495-04