Loading...
HomeMy WebLinkAbout08-17 East Bank CBD Height text amendmentTim Scott President City of South Bend Common Council 441 County -City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 February 6, 2017 Oliver Davis Vice - President Kareemah Fowler (574) 235 -9321 Fax (574) 235 -9173 TDD: (574) 235 -5567 http://www.soutbbendin.gov City Clerk Gavin Ferlic Office of the City Clerk Chairperson, Committee 227 W. Jefferson Blvd., Rm. 455 of the Whole South Bend, Indiana 46601 Tim Scott First District Re: Proposed ordinance to amend the text of Section 21- 03.06(b) (4) of the South Bend Zoning Ordinance Regina Williams Preston Second District Dear Ms. Fowler: Randy Kelly On Friday February 3, 2017 I along with Council members Oliver J. Davis Third District and Gavin Ferlic submitted for filing and inclusion on the South Bend Common Jo M. Broden Council's agenda for its February 13th regular meeting a proposed ordinance Fourth District amending Section 21- 03.06(b) (4) of the South Bend Zoning Ordinance to increase the maximum building height permitted in the area of the City lying between the David Varner St. Joseph River and the East Race Waterway. This proposed ordinance followed Fifth District the Common Council's adoption of Resolution No. 4615 -17 on January 9, 2017, expressing its support for the Commerce Center project and its intent "to consider Oliver Davis reasonable alterations to the ... Zoning Ordinance concerning building height Sixth District limitations so as to promote development in the City and to protect the public Gavin Ferlic interest." At Large A slightly revised version of that same ordinance is attached in which the John Voorde title has been changed to reflect that this ordinance is initiated by the Common At Large Council consistent with the titles in similar ordinances amending the South Bend Zoning Ordinance, and also identifying the newly added subpart. Also revised Karen White slightly is the Statement of Purpose and Intent to refer to the date of adoption of the At Large most recent version of South Bend's Zoning Ordinance. In all other ways the ordinance is identical to the original Filed in Clerk's Office FEB 06 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Kareemah Fowler Page -2- February 6, 2017 We, as well as representatives of the City administration, will be present at the Committee and Council meetings to support this proposed, revised ordinance. Thank you for your assistance. Sincerely, Gavin Ferlic Filed in Clerk's Office FEB 0 6 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Tim Scott February 6, 2017 President Filed in Clerk's Office 06 2017 ICAREEMAN i=CJWLER CITY CLERK,_SQUTH aEND. IN Fax (574) 235 -9173 TDD: (574) 235 -5567 http://www.southbendin.gov Karen White Please accept the enclosed slightly revised version of the original ordinance At Large for purposes of notice. The changes are solely in the title to reflect that this is a Council initiated ordinance and to identify the new subsection, and in the Statement of Purpose and Intent to refer to the original zoning ordinance. In all other ways the enclosed version is identical to the original. As previously requested, please provide proper notice of this revised ordinance for hearing by the Area Plan Commission on February 21, 2017. Larry Magliozzi Oliver Davis Executive Director, Area Plan Commission of St. Joseph County Vice - President 227 W. Jefferson Blvd. County -City Building, Suite 1140 Gavin Ferlic South Bend, Indiana 46601 Chairperson, Committee of the Whole Re: Submission of proposal to amend the text of Section 21- 03.06(b) (4) Tim Scott of the South Bend Zoning Ordinance — Revised version First District Dear Mr. Magliozzi: Regina Williams Preston Second District As you know, the South Bend Common Council adopted Resolution No. 4615 -17 on January 9, 2017, expressing its support for the Commerce Center Randy Kelly project and its intent "to consider reasonable alterations to the ... Zoning Ordinance Third District concerning building height limitations so as to promote development in the City Jo M. Broden and to protect the public interest." Fourth District On February 3, 2017 I and Council members Davis and Ferlic filed with David Varner the City Clerk's office a proposed ordinance modifying the building height Fifth District limitations stated in Section 21- 03.06(b)(4) of the South Bend Zoning Ordinance. A copy of that ordinance bearing the City Clerk's file stamp was delivered to you Oliver Davis that date with the expectation that at its next regular meeting, on February 13, 2017, Sixth District the Common Council will follow its ordinary practice and refer this proposal to the Area Plan Commission for its consideration and recommendation as provided by Gavin Ferlic law. You were requested to furnish proper notices on behalf of the Area Plan At Large Commission no later than Friday, February 10, 2017, so that the Area Plan John Voorde Commission may conduct the required public hearing on the proposed ordinance at At Large its regular meeting scheduled for February 21, 2017. Karen White Please accept the enclosed slightly revised version of the original ordinance At Large for purposes of notice. The changes are solely in the title to reflect that this is a Council initiated ordinance and to identify the new subsection, and in the Statement of Purpose and Intent to refer to the original zoning ordinance. In all other ways the enclosed version is identical to the original. As previously requested, please provide proper notice of this revised ordinance for hearing by the Area Plan Commission on February 21, 2017. Larry Magliozzi Page 2 February 6, 2017 Again, I sincerely appreciate your cooperation and assistance. ce Tim Scott President South Bend Common Council Filed in Clerk's Office FEB 06 2011 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Bill No. Ordinance No. -17 AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 3, SECTION 21 -03 OF THE SOUTH BEND MUNICIPAL CODE BY ADDING A NEW SUB -PART 21- 03.06(b)(4)(C) TO INCREASE THE MAXIMUM BUILDING HEIGHT PERMITTED IN CBD DISTRICTS LOCATED BETWEEN THE ST. JOSEPH RIVER AND THE EAST RACE WATERWAY 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 that ordinance, the downtown area of the City of South Bend is experiencing a revitalization on a scale not seen in nearly four decades. The Common Council of the City of South Bend wishes to accommodate and encourage that growth in areas where infrastructure is already in place and able to support shovel -ready development. The Common Council finds that, due to its character and proximity, the "island" of land situated within the corporate boundaries of the City and bounded by the St. Joseph River and the East Race Waterway is a logical extension of downtown South Bend. This area's natural amenities make it an incredibly attractive place for investments in higher- density development and place - making. Accordingly, the Common Council finds that increased development opportunities in the "island" area will promote and enhance the general welfare of the City and has determined that it is appropriate and necessary to enable such development opportunities by increasing the maximum building height permitted in the "island" area. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. Chapter 21, Article 3, Section 21- 03.06(b) (4) of the South Bend Municipal Code is amended to read as follows: (4) Building Height. (A) CBD Districts Located West of the St. Joseph River: i. Minimum Front Facade Height - in the elevation view from the street frontage, twenty -eight (28) feet. ii. Maximum Building Height - the lesser of one - hundred and fifty (15 0) feet or twelve (12) stories. (B) CBD Districts Located East of the St. Joseph River, except for CBD Districts described in Section 21- 03.06(b)(4)(C): i. Minimum Front Facade Height - in the elevation view from the street frontage, twenty -two (22) feet. ii. Maximum Building Height - the lesser of sixty (60) feet or five (5) stories. (C) CBD Districts located in the area bounded by the St. Joseph River and the East Race Waterway: i. Minimum Front Facade Heil;ht - in the elevation view from the street frontage, twenty -two (22) feet. ii. Maximum Building Height - no greater than one hundred fifty (150) feet. Section II. This Ordinance shall be in full force and effect upon its passage by the Common Council and approval by the Mayor. ATTEST: Kareemah Fowler, City Clerk 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED P4,SED Member of the Common Council Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2017, at o'clock .m. Approved and signed by me on the day of o 'clock . M. Pete Buttigieg Mayor of the City of South Bend, Indiana 2 2017, at Filed in Clerk's Office F E 0 6 2017 KAREEMAVI F,')VVL.ER CITY CLERK, SOUTH REND, IN Tim Scott President Oliver Davis Vice - President Gavin Ferlic Chairperson, Committee of the Whole Tim Scott First District Regina Williams Preston Second District Randy Kelly Third District Jo M. Broden Fourth District David Varner Fifth District Oliver Davis Sixth District Gavin Ferlic At Large John Voorde At Large Karen White At Large City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 February 3, 2017 Kareemah Fowler City Clerk Office of the City Clerk 227 W. Jefferson Blvd., Rm. 455 South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 TDD: (574) 235 -5567 http://ww-w.soutbbendin.gov Re: Proposed ordinance to amend the text of Section 21- 03.06(b)(4) of the South Bend Zoning Ordinance Dear Ms. Fowler: Enclosed for filing and inclusion on the South Bend Common Council's agenda for its February 13th regular meeting is a proposed ordinance amending Section 21- 03.06(b)(4) of the South Bend Zoning Ordinance to increase the maximum building height permitted in the area of the City lying between the St. Joseph River and the East Race Waterway. This proposed ordinance follows the Common Council's adoption of Resolution No. 4615 -17 on January 9, 2017, expressing its support for the Commerce Center project and its intent "to consider reasonable alterations to the ... Zoning Ordinance concerning building height limitations so as to promote development in the City and to protect the public interest." We, as well as representatives of the City administration, will be present at the Committee and Council meetings to support this proposed ordinance. Filed in Clerk's Office FEB 03 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Thank you for your assistance. I / Sincerely, City of South Bend. Common Council 441 County -City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Tim Scott February 3, 2017 President (574) 235 -9321 Fax (574) 235 -9173 TDD: (574) 235 -5567 http://www.soutbbendin.gov Please consider receiving this letter and the proposed ordinance enclosed to Gavin Ferlic At Large be your receipt of the proposal for purposes of Ind. Code 36- 7- 4- 607(c) and make the necessary preparations for the Area Plan Commission to hold a public hearing John Voorde on the proposal. Given that the law does not require the Common Council's referral At Large of the proposed ordinance to the Area Plan Commission to precede your giving of the required notices, I respectfully request that you give the notices promptly, and Karen White no later than Friday, February 10, 2017, so that the Area Plan Commission may At Large conduct the required public hearing on the proposed ordinance at its regular meeting scheduled for February 21, 2017, by which time I expect the Common Council will have acted formally to refer the proposal to the Area Plan Commission. I sincerely appreciate your cooperation and assistance. Filed in Clerk's Office FEB 0 3 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Tim Scott President South Bend Common Council Larry Magliozzi Oliver Davis Executive Director, Area Plan Commission of St. Joseph County Vice - President 227 W. Jefferson Blvd. County -City Building, Suite 1140 Gavin Ferlic South Bend, Indiana 46601 Chairperson, Committee of the Whole Re: Submission of proposal to amend the text of Section 21- 03.06(b)(4) Tim Scott of the South Bend Zoning Ordinance First District Dear Mr. Magliozzi: Regina Williams Preston Second District As you may be aware, the South Bend Common Council adopted Resolution No. 4615 -17 on January 9, 2017, expressing its support for the Randy Kelly Commerce Center project and its intent "to consider reasonable alterations to the . Third District . . Zoning Ordinance concerning building height limitations so as to promote development in the City and to protect the public interest." To begin that process, Jo Four h District I have filed with the City Clerk's office a proposed ordinance modifying the building height limitations stated in Section 21- 03.06(b)(4) of the South Bend David Varner Zoning Ordinance. A copy bearing the City Clerk's file stamp is enclosed for your Fifth District reference. At its next regular meeting, on February 13, 2017, I expect the Common Council to follow its ordinary practice and refer this proposal to the Area Plan Oliver Davis Commission for its consideration and recommendation as provided by law. Sixth District Please consider receiving this letter and the proposed ordinance enclosed to Gavin Ferlic At Large be your receipt of the proposal for purposes of Ind. Code 36- 7- 4- 607(c) and make the necessary preparations for the Area Plan Commission to hold a public hearing John Voorde on the proposal. Given that the law does not require the Common Council's referral At Large of the proposed ordinance to the Area Plan Commission to precede your giving of the required notices, I respectfully request that you give the notices promptly, and Karen White no later than Friday, February 10, 2017, so that the Area Plan Commission may At Large conduct the required public hearing on the proposed ordinance at its regular meeting scheduled for February 21, 2017, by which time I expect the Common Council will have acted formally to refer the proposal to the Area Plan Commission. I sincerely appreciate your cooperation and assistance. Filed in Clerk's Office FEB 0 3 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Tim Scott President South Bend Common Council Bill No. Ordinance No. -17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 3, SECTION 21 -03 OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE THE MAXIMUM BUILDING HEIGHT PERMITTED IN CBD DISTRICTS LOCATED BETWEEN THE ST. JOSEPH RIVER AND THE EAST RACE WATERWAY STATEMENT OF PURPOSE AND INTENT The downtown area of the City of South Bend is experiencing a revitalization on a scale not seen in nearly four decades. The Common Council of the City of South Bend wishes to accommodate and encourage that growth in areas where infrastructure is already in place and able to support shovel -ready development. The Common Council finds that, due to its character and proximity, the "island" of land situated within the corporate boundaries of the City and bounded by the St. Joseph River and the East Race Waterway is a logical extension of downtown South Bend. This area's natural amenities make it an incredibly attractive place for investments in higher- density development and place - making. Accordingly, the Common Council finds that increased development opportunities in the "island" area will promote and enhance the general welfare of the City and has determined that it is appropriate and necessary to enable such development opportunities by increasing the maximum building height permitted in the "island" area. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. Chapter 21, Article 3, Section 21- 03.06(b)(4) of the South Bend Municipal Code is amended to read as follows: (4) Building Height. (A) CBD Districts Located West of the St. Joseph River: i. Minimum Front Facade Height - in the elevation view from the street frontage, twenty -eight (28) feet. ii. Maximum Building Height - the lesser of one - hundred and fifty (15 0) feet or twelve (12) stories. (B) CBD Districts Located East of the St. Joseph River, except for CBD Districts described in Section 21- 03.06(b)(4)n: i. Minimum Front Facade Height - in the elevation view from the street frontage, twenty -two (22) feet. ii. Maximum Building Height - the lesser of sixty (60) feet or five (5) stories. Filed in Clerk's Office FEB 0 3 2011 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN (C) CBD Districts located in the area bounded by the St. Joseph River and the East Race Waterway: i Minimum Front Facade Height - in the elevation view from the street frontage, twenty -two (22) feet. ii. Maximum Building Height - no greater than one hundred fifty (150) feet. Section II. This Ordinance shall be in full force and effect upon its passage by the Common Council and approval by the Mayor. ATTEST: Kareemah Fowler, City Clerk 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASTED Member of the Common Council Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2017, at o'clock —.m. Approved and signed by me on the day of o 'clock . m. Pete Buttigieg Mayor of the City of South Bend, Indiana 2 2017, at Filed in Clerk's C:)ffice r tH 0 3 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN