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Home My WebLink AboutBill No. 37-16 Text Amendments to Multifamily (MF1, MF2) and Mixed-Used DistrictsF9 °ury °1k 1C� 4 Common Council City of South Bend Indiana Jo Broden, 41h District Council Member 4th Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -5978 (574) 235 -9173 Facsimile The South Bend Common Council 4a' Floor County -City Building South Bend, Indiana 46601 (574)235 -5567 TTY /TDD July 6, 2016 Re: Proposed zoning text amendments for Multi- Family, MF 1, MF 2 and Mixed Use Districts Dear Council Members: On May 7, 2014, the new zoning ordinance took effect which reflected months of review by representatives of the City under the overall direction of the Area Plan staff. Amongst individuals and residential developers, there is a renewed interest not only in converting older, often larger homes back to single- family, but also building new construction within areas of our City currently restricted by zoning for more intensive uses. The proposed changes in this ordinance, broadens the areas within our City where those interested in reversions or new builds would undertake a less onerous process for building approval within Multi - Family 1 and Multi - Family 2 districts, and adds the potential for single family dwellings within Mixed Use Districts as a special exempted use. The proposed ordinance expansions on permitted and special exempted uses as it pertains to single family dwellings have been collaboratively drafted and reviewed with members of the Area Plan Commission, as well as, the City of South Bend Department of Community Investment's planning staff and attorneys in the Department of Law. I respectively request the Common Council schedule this proposed ordinance for first reading at the scheduled July 11 meeting so that the Bill can be sent to the Area Plan Commission and to the Council's Zoning and Annexation Committee, with 2 "d reading, public hearing and 3' reading at the August 22 "d Common Council meeting. Thank you Sincerely, 20-Broden South Bend Common Council Member 4a' District Filed in Clerk's Office JUL 0,.2016 KAREEMAH FOWLER CITY CLERK, SOUTH SEND, IN (574) 235 -5978 July 11, 2016 Mr. Larry Magliozzi Executive Director tiv �M est a° MAT. — a:;r' ism 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 -9173 Facsimile 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 =74-607, 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 16a', and that the South Bend Common Council will hold their public hearing on August 22na Thank you for your consideration. Most sincerely, Joe . Broden South Bend Common Council Member 4t' District cc: The Office of the City Clerk Filed in Clerk's Office JUL 1 12016 KMAAREE A H FOWLER CI7Y CLERK, SOUTH REND, 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 (S74) 235 -9571 August 17, 2016 South Bend Common Council 4'h Floor, County -City Building South Bend, IN 46601 RE: Bill # 37 -16 Rezoning: APC #2790 -16 - Text Amendment Dear Council Members: F €led in Clerk's Office AUG 17 2016 L ER 0 �• 9'1"'x.1 " s .: ... i F.,. 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: l.) The title was amended to add Single Family as a Special Exception Use in the MU Mixed Use District. A Copy of the revised Ordinance is attached. Public Hearing Summary: There was 1 person that spoke in favor the proposed rezoning. Ann Puzzello spoke in favor stating that the amendment will make it easier for single family residents to move back in to the neighborhood. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, Angela 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 ANA. CO MIA REAP LAN LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR q1DC 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 (S74)235-9S71 Wednesday, August 17, 2016 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 Filed Clerk's Office AUG 1 `� 2016 KP,f1E!z`,:,1Xi MAILER ITY CLERK, z'C11T1., IN! RE: An ordinance initiated by the Common Council of the City of Sou tClI Tana amending Chapter 21 of the South Bend Municipal Code, Article 2 by adding single family dwelling to permitted uses in MFl Urban Corridor Multifamily District and MF2 High- Density Multifamily District; and adding single family as a special exception use in MU Mixed Use District. - APC# 2790 -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 Oliver Davis, being seconded by John McNamara 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 2 by adding single family dwelling to permitted uses in MF1 Urban Corridor Multifamily District and MF2 High- Density Multifamily District; and adding single family as a special exception use in MU Mixed Use District, is sent to the Common Council with a a FAVORABLE recommendation. 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 single - family residential and will promote flexibility in the housing market. 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, i,_� 1? 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 1 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 Staff Report 8/4/2016 APC # 2791 -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 Group Residence in the CBD Central Business District and amending various definitions related to Group Residence. Agency Comments: The Department of Community Investment offers a favorable recommendation. Staff Comments: The following changes are proposed: * Adding Group Residence as a Special Exception Use to the CBD Districts located west of the St. Joseph River * Adding Group Residence as a Special Exception Use to the CBD Districts located east of the St. Joseph River * Removing "household employees" from the definition of Dwelling Unit * Removing "household servants" from the definition of Family * Updating the definition of Group Residence to include a residential facility that provides common living areas such as kitchen, living room, dining room or recreational rooms Recommendation: Based on information available prior to the public hearing, the staff recommends the text amendment be sent to the Common Council with a favorable recommendation. Analysis: 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. APC # 2791 -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 2 BY ADDING SINGLE FAMILY DWELLING TO PERMITTED USES IN MF1 URBAN CORRIDOR MULTIFAMILY DISTRICT AND MF2 HIGH - DENSITY MULTIFAMILY DISTRICT; AND ADDING SINGLE FAMILY AS A SPECIAL EXCEPTION USE IN MU MIXED USE DISTRICT. 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 revived interest in converting older homes back to single - family residential. Various district within the City of South Bend need to be updated in order to accommodate a wider variety of housing types in order to better serve the public. 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 2 Residential Districts, Section 21 -02.03 MF1 Urban Corridor Multifamily District, subsection (a) (1) Primary Uses, is hereby amended by adding a new subsection (K) as follows: (K) One (1) Single Family Dwelling SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, Section 21 -02.03 MF1 Urban Corridor Multifamily District, subsection (a) (2) Special Exception Uses, is hereby amended by deleting a portion of subsection (F) as follows: (F) Residential: Including by not limited to: Group Home; Group Residences; Single SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, Section 21 -02.04 M172 High- Density Multifamily District, subsection (a) (1) Primary Uses, is hereby amended by adding a new subsection (J) as follows: (J) One (1) Single Family Dwelling SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, Section 21 -02.04 MF2 High- Density Multifamily District, subsection (a) (2) Special Exception Uses, is hereby amended by deleting a portion of subsection (F) as follows: (F) Residential: Including by not limited to: Group Home; Group Residences; Siftgk Fwnily and Two Family Dwellings (located on an individual Lot and not as part of a larger multifamily project — see Section 21- 02.04, (b) (16) for applicable development standards). SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.02 MU Mixed Use District, subsection (a) (2) Special Exception Uses, is hereby amended as follows: (F) Residential: Including but not limited to: Group Residences, One (1) Single Family Dwelling 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. City Clerk Approved and signed by me on the day of , 2 , at o'clock M. - Mayor, City of South Bend, Indiana Filed in Clerk's Office AUG 17 2016 KAREE'N9AH FOWLER CITY CLERK, SOUTH BEND, IN