HomeMy WebLinkAboutBill No. 38-16 Amending Chapter 21 SF Zoning AmendmentsCommon Council
City of South Bend Indiana
Jo Broden, 4th District Council Member
4th Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 235 -5978 (574) 235 -9173 Facsimile
July 6, 2016
The South Bend Common Council
4'' Floor County -City Building
South Bend, Indiana 46601
(574)235 -5567 TTY /TDD
Re: Proposed Zoning Text Changes to Chapter 21 of the South Bend Municipal Code
Dear Council Members:
The Common Council of the City of South Bend, Indiana, passed a new zoning ordinance that went into
effect on May 7, 2004. Since the passage of that ordinance over 12 years ago, the housing market has
continued to change and evolve.
The proposed changes in the attached ordinance, broaden our zoning code definition of group residence to
encompass more housing options of interest to persons desiring to live in varied, evolving configurations
of shared residential community then previously defined. It also proposes to expand the areas within our
City where such group residences may locate as special exempted uses. Specifically, the Central Business
District East and the Central Business District West would be additional areas within South Bend to
accommodate innovative and market - responsive group housing models to develop.
This proposed ordinance, in conjunction with the above definition and use expansions, also seeks to clarify
the definition of family. While Common Council initiated, these proposed ordinance changes have been
collaboratively drafted and reviewed with staff members of the Area Plan Commission, as well as, the City
of South Bend Department of Community Investment's planning staff and attorneys from the Department
of Law. All of the proposed changes are aimed at keeping South Bend competitive and welcoming
with respect to changing trends in housing.
I respectively request the Common Council schedule this proposed ordinance for first reading at the July
11 th Council meeting so that the Bill can be sent to the Area Plan Commission for their meeting of August
16`h, and to the Council's Zoning and Annexation Committee, with 2nd reading, public hearing and 31
reading at the August 22nd Common Council meeting. Thank you for your consideration.
Si
J Broden
outh Bend Common Council Member 4' District
Filed in Clerk's Office
JUL
KAREEMAH FOWLER
CITY CLERK, SOUTH 13ENI
IN
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Common Council
City of South Bend Indiana
Jo Broden, 4th District Council Member
4th Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 235 -5978 (574) 235 -9173 Facsimile
July 11, 2016
Mr. Larry Magliozzi
Executive Director
Area Plan Commission of St. Joseph County, Indiana
1140 County -City Building
2278 W. Jefferson Boulevard
South Bend, Indiana 46601
Re: Bill No. 37 -16 and Bill No. 38 -16
Dear Mr. Magliozzi:
(574)235 -5567 TTY/TDD
Pursuant to Section 21 -09.01 of the South Bend Municipal Code, I have filed the proposed text
amendments set forth in Bill No. 37 -16 and Bill No. 38 -16, which would amend various sections
of Chapter 21 addressing "Zoning ".
This is to confirm, consistent with that City Code provision and Indiana Code § 36 -7 -4 -607, that
the initiation of both Bills was discussed at an Informal Meeting of the South Bend Common
Council today, and that for procedural purposes the Common Council is initiating the amendments.
Based on discussions and input from your staff, it is my understanding that both proposed
ordinances will have a public hearing before the Area Plan Commission on August 16th, and that
the South Bend Common Council will hold their public hearing on August 22nd
Thank you for your consideration.
Most sincerely,
J,% Broden
South Bend Common Council Member 4" District
cc: The Office of the City Clerk
Filed in Clerk's Office
JUL 1 2016
KAREEIVAH FOWLER
CITY CLERK, SOUTH SEND, IN
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571
Wednesday, August 17, 2016
�e,k'5 Office
The Honorable Council of the City of South Bend Filed 161 °®
4th Floor, County -City Building AUG 17 2016
South Bend, IN 46601
RE: An ordinance initiated by the Common Council of the City of Sotg� ia_iter 21 of
the South Bend Municipal Code, Article 3 by adding group resid e- tb- -si;ec al exception uses in CBD
Central Business District; and Section 11 by amending the definitions of Dwelling Unit, Family and Group
Residence. - APC# 2791 -16.
Dear Council Members:
I hereby Certify that the above referenced ordinance of The Honorable Council of the City of South Bend was
legally advertised on August 4, 2016 and that the Area Plan Commission at its public hearing on August 16, 2016
took the following action:
Upon a motion by Robert Hawley, being seconded by Oliver Davis and unanimously carried, a
proposed ordinance initiated by the Common Council of the City of South Bend, Indiana amending
Chapter 21 of the South Bend Municipal Code, Article 3 by adding group residence to special
exception uses in CBD Central Business District; and Section 11 by amending the definitions of
Dwelling Unit, Family and Group Residence, is sent to the Common Council with a a FAVORABLE
recommendation. The proposed changes recognize the growing popularity of non - traditional housing
arrangements. Providing an opportunity for Group Residence developments within the densely
populated Central Business District will allow for the changing trend in housing to be accommodated
where the services and infrastructure are already in place.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan
Commission.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown
in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincerely,
Lawrence P. Magliozzi
Attachment
CC:
Jo Broden
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W. S T J 0 S E P H C 0 U N T Y I N D I AN A.0 0 M I A R E A P L A N
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571
August 17, 2016
outh Bend Common Council
4`h Floor, County -City Building
South Bend, IN 46601
RE: Bill # 38 -16
Rezoning: APC#2791 -16 - Text Amendment
Dear Council Members:
Filed in Clerk's Offics
AUG 17 2016
IARL= 'k1`1 _1 MAILER
CITY CLERK, SOL)T H DEENNJD, IN
The Area Plan Commission held a public hearing on August 16, 2016 for the above reference
petition. This petition is set for public hearing before the Common Council on Monday, August 22,
2016.
Ordinance & Petition Amendments:
The following changes have been made to the above referenced petition:
Ordinance:
1.) A change in the definition of Dwelling Unit was added, removing "household employees"
A Copy of the revised Ordinance is attached.
Public Hearing Summary:
There were 4 people that spoke in favor the proposed rezoning.
• Greg Hakanen, on behalf of the NNRO, commented that the mission of the NNRO has been to
re- establish and preserve the Northeast Neighborhood for families to live. The proposed
amendment modernizes the definition, closes a loophole in order to preserve the neighborhood
for families, and allows for opportunities for communal living where appropriate.
• Marguerite Taylor, Vice President of the NENC, spoke of how Roger Parent started this effort
decades ago and she is glad to see this change in order to help protect the efforts the
neighborhood has made so far.
• Torrence Moody, NENC Board Member, spoke in favor indicating a developer had recently
spoke to the group and stated they would use this loop -hole to allow more than 2 unrelated
individuals to live together, against the spirit of the ordinance and in conflict with the
neighborhood.
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W. S T J O S E P H CO U N T Y INDIANA. C 0 M/ A R E A P L A N
• Beth Sanford, NENC Board Member, spoke in favor of closing the loop -hole. Unapproved
student housing causes many issues for the people in the neighborhood, including noise,
parking, and safety issues. This effort will protect people living in the city.
If you have any further questions, please feel free to contact me at (574) 235 -9571.
Sincerely,
01
" 1
Angel M. Smith
Deputy Director
CC: Kathleen Cekanski- Farrand
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W . S T J O S E PH CO U N T Y I N D I A N A. C O M/ A R E A P L A N
Staff Report 8/4/2016
APC # 2790 -16
Owner: The Honorable Council of the City of South Bend
Location: TEXT AMENDMENT
Jurisdiction: City of South Bend
Public Hearing Date: 8/16/2016
Requested Action:
The requested action is a text amendment initiated by the Common Council of South Bend
amending the Ordinance to allow single family dwellings as a permitted use in the MF1
Urban Corridor Multifamily District and the MF2 High- Density Multifamily District; and
adding single family dwelling as a Special Exception Use in the MU Mixed Use District
Agency Comments:
The Department of Community Investment offers a favorable recommendation to allow
single family dwellings through a special exception in a Mixed Use District, and is
generally supportive of the proposals to allow single family dwellings in the MF 1 and MF2
Districts. They have some concern that multifamily housing not be squeezed out from
areas where residential density is appropriate. They further suggest two family dwellings
should become a primary use without limitations in the MF2 District.
Staff Comments:
The following changes are proposed:
* Adding One (1) Single Family Dwelling as a permitted use in MF1 Urban Corridor
Multifamily District
* Removing Single Family from the list of Special Exception Uses in MF 1 Urban Corridor
Multifamily District
* Adding One (1) Single Family Dwelling as a permitted use in MF2 High- Density
Multifamily District
* Removing Single Family from the list of Special Exception Uses in MF2 High- Density
Multifamily District
* Adding One (1) Single Family Dwelling as a Special Exception Use in MU Mixed Use
District
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
text amendment be sent to the Common Council with a favorable recommendation.
Analysis:
Since the adoption of the ordinance in 2004, the housing market has continued to change
and evolve. The proposed changes recognize revived interest in converting older homes
back to sing - family residential and will promote flexibility in the housing market across
additional zoning districts.
APC 4 2790 -16 Page 1 of 1
ORDINANCE NO.
AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICPAL CODE,
ARTICLE 3 BY ADDING GROUP RESIDENCE TO SPECIAL EXCEPTION USES IN CBD
CENTRAL BUSINESS DISTRICT; AND SECTION 11 BY AMENDING THE DEFINITIONS
OF DWELLING UNIT, FAMILY AND GROUP RESIDENCE.
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went
into effect on May 7, 2004. Since the adoption of the ordinance, the housing market has continued to
change and evolve. The proposed changes recognize the growing popularity of non - traditional
housing arrangements. Providing an opportunity for Group Residence within the densely populated
Central Business District will allow for the changing trend in housing to be accommodated where the
services and infrastructure are already in place.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana as follows:
SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3
Commercial/Mixed Use Districts, Section 21 -03.06 CBD Central Business District, subsection
(a) (2) Special Exception Uses, is hereby amended as follows:
(H) Residential (in CBD Districts located west of the St. Joseph River): Multifamily
Dwellings; Group Residence
(1) Residential (in CBD Districts located east of the St. Joseph River): Group Residence
f14
SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Definitions,
Section 21 -11.02 Definitions, is hereby amended as follows:
Dwelling Unit: A room or group of rooms designed and equipped exclusively for use as
living quarters for only one (1) family , including
provisions for sleeping, lawful cooking, and sanitary facilities. The term shall
include mobile dwellings, modular dwellings and manufactured dwellings but
shall not include recreational vehicles.
Family: One (1) or more persons related by blood, legal adoption or marriage, living and
cooking together as a single housekeeping unit, °°001-us ve. of
; or, a number of persons, but not exceeding two (2) who
are not related by blood, legal adoption or marriage, living and cooking together
as a single housekeeping unit, shall be deemed to constitute a family. A person or
persons residing with a family as hereinabove defined by reasons of placement by
a publicly licensed placement agency shall be considered as members of that
family.
Group Residences: A residential facility w -hieh in addition to providing any combination
of food, and shelter, m also „ id-e ° effi-e. eVembination of personal care, social
services, counseling services or transportation to residents; or a residential facility
providing common living areas such as a kitchen, living room, dining room or
recreational rooms. Group residences would include halfway houses, work release
houses or any other similar form of residential facility for individuals which do
not qualify as a family or any other form of residential facility expressly provided
for in this ordinance.
SECTION III. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, and legal publication.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . M.
Approved and signed by me on the
o'clock . M.
City Clerk
day of
Mayor, City of South
2 , at
Filed in Clerk's CMlc -s
J, I 1 na
AUG 17 2016
CITY CLERK, S01,I)TH SEND, IN