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Home My WebLink About72-16 Text Amendment- Shared Housing Revisions:ill\'. TIt C i IKS Common Council City of South Bend Indiana 41h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9321 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD November 9, 2016 The South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: Proposed Zoning Text Amendment Dear Council Members: We are filing the attached proposed ordinance with the Office of the City Clerk. It proposes limited text amendments to the Zoning Chapter 21 of the South Bend Municipal Code. They would include a definition for "shared housing" and amendatory language in the Central Business Districts (CBD). This preliminary zoning concept was briefly discussed at the Zoning and Annexation Committee meeting held on September 26th. For procedural purposes only, which is required by our Municipal Code and Indiana Code § 36 -7 -4 -607, the initiation of this proposed zoning text amendment is being initiated by the Common Council. The proposed ordinance would have first reading by the Common Council on November 281H Thank you for your consideration. Most sincerely, Gavin Ferlic, Council Member at Large South Bend Common Council Attachment cc: Mr. Larry Magliozzi, Area Plan Executive Director Angela M. Smith, Area Plan Deputy Director Filed in Clerk's Office NOV 14 2016 i I- - ....ew _.. ___ KAR "-:'A , 'n...EcR CITY Ci_E ; . l IN is's LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Dircctur AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 11 +0 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA +6601 (37+( 233 -9371 December 21, 2016 South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RE: Bill # 72 -16 APC #2805 -16 - Text Amendment — Shared Housing Dear Council Members: Filed in Clerk's Offic� DEC. 2 '12016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, The Area Plan Commission held a public hearing on December 20, 2016 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, January 9, 2017. Ordinance & Petition Amendments: The following changes have been made to the above referenced petition: Ordinance: 1.) The title was corrected to fix a typographical error in the word "MUNICIPAL" and change from Article 11 to Section 11. 2.) The definition of shared housing was amended to add "located within a mixed use or multi - family dwelling in" A Copy of the revised Ordinance is attached. Public Hearing Summary: There was no one to speak in favor or in opposition. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, «1 Angela d. Smith Deputy Director CC: Adriana Rodriguez SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W . ST] 0 5 E P H C 0 U N T Y INDIANA. C 0 M/ A R E A PLAN LAWRENCE P. MAGLIOZZI FNFCIITIVF. DIRI I I 11 Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1 140 COUNTY -CITY BUILDING, SOUT Wednesday, December 21, 2016 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 I B E - I N 1) 1 9 A A - 6 70- 4 (5 Mice 01 10 KAREEMAli POVA-EA CITY CLERK, S;QV4.1 L:jEND, IN 9 57 1 RE: An 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 Shared Housing to Permitted Primary Uses in CBD Central Business District; and Article 11 by adding the definition of Shared Housing. - APC# 2805 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of The Honorable Common Council was legally advertised on December 8, 2016 and that the Area Plan Commission at its public hearing on December 20, 2016 took the following action: Upon a motion by John McNamara, being seconded by Oliver Davis and unanimously carried, a proposed ordinance of The Common Council to amend various section of Chapter 21 of the South Bend Municipal Code is sent to the Common Council with a FAVORABLE recommendation. The proposed changes recognize the demand for housing alternatives within the densely populated Central Business District. 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 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,C 0 M I A R E A P L A N Staff Report 12/9/2016 APC # 2805 -16 Owner: The Honorable Common Council Location: Text Amendment Jurisdiction: City of South Bend Public Hearing Date: 12/20/2016 Requested Action: The petitioner is requesting a text amendment, amending various sections of Chapter 21 of the South Bend Municipal Code. Agency Comments: The Department of Community Investment offers a favorable recommendation to the shared housing text amendment provided that shared housing be located within a multifamily building. This slight revision would guarantee consistency in what building types (multifamily, but not single- family homes or duplexes) are permitted in CBD zoning. Staff Comments: The Ordinance updates the code by making the following changes: * Adding Shared Housing as a Primary Use in CBD Districts located west of the St. Joseph River - limited to (i) floors above the first floor or (ii) ground floor of the building if located behind another ground floor, non - residential permitted use; * Adding Shared Housing as a Primary Use in CBD Districts located east of the St. Joseph River; and * Defining Shared Housing Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The proposed changes recognize the demand for housing alternatives within the densely populated Central Business District. APC # 2805 -16 Page 1 of 1 Bill No. Ordinance No. AN 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 SHARED HOUSING TO PERMITTED PRIMARY USES IN CBD CENTRAL BUSINESS DISTRICT; AND ARTICLE 11 BY ADDING THE DEFINITION OF SHARED HOUSING 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 demand for housing alternatives within the densely populated Central Business District. However, the proposed changes are not meant to apply to any other Zoning Districts because any evolution of the housing market in other zoning Districts do not require these proposed changes. 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) (1) Primary Uses, is hereby amended as follows: (J) Residential - In CBD Districts located west of the St. Joseph River: Including by not limited to: Dwelling Units or Shared Housing — limited to (i) floors above the first floor or (ii) ground floor of the building if located behind another ground floor, non - residential permitted use; Convalescent Home; Nursing Home; Rest Home (K) Residential - In CBD Districts located east of the St. Joseph River: Including but not limited to: Multifamily dwellings; Dwelling Units — limited to floors above the first or ground floor of the building; Convalescent Home; Nursing Home; Rest Home; Shared Housing Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Definitions, Section 21- 11.02 Definitions, is hereby amended by adding a definition as follows: Shared Housing: Any dwelling unit located within a mixed use or multi - family dwelling in which the owner allows to be occupied by unrelated persons living as a single housekeeping provided that the number of occupants does not exceed twice the number of bedrooms, and that the total number of occupants does not exceed 4 regardless of the number of bedrooms. Zoning Text Amendment — Shared Housing Page 2 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. Council Member Gavin Ferlic South Bend Common Council Attest: Office of the City Clerk Voting in Favor Voting in Opposition Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2016, at o'clock . M. Office of the City Clerk Approved and signed by me on the day of M. Pete Buttigieg, Mayor City of South Bend, Indiana 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED 2016, at o'clock Filed in Cierk's Office DEC 21 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN