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HomeMy WebLinkAbout37-18 Amending Chapter 21, Article 14 of the South Bend Municipal Code LAWRENCE P. MAGLIOZZI EXECU'IIVE DIRECTOR Angela M. Smith Deputy Di—t., PARE7APLLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOLIIH BEND, INDIANA 46601 (5 7 4) 235-9571 August 8, 2018 Filed in Clerk's Office Honorable Common Council 4th Floor, County-City Building South Bend, IN 46601 A�� C 8 2U�8 KAREEMArt FOWLER RE: Text Amendment CITY CLERK,SOUTH BEND,IN APC# 2872-18 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the attached Ordinance on the Council agenda for first reading at your August 13th, 2018 Council meeting, and set it for public hearing at your September 24th, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the September 18th, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, Jordan Wyatt Zo 'ng Planner CC: ob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E PH C O U N T Y I N D I A N A.C O MIA R E A P L A N ORDINANCE NO. AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 14 SUBDIVISIONS TO DELETE FLOODPLAIN DEFINITIONS THAT HAVE BEEN UPDATED IN THE ZONING ORDINANCE,DELETE STREET AND ALLEY STANDARDS THAT DUPLICATE BOARD OF PUBLIC WORKS STANDARDS, AND DELETE CERTAIN LOT DESIGN STANDARDS THAT DUPLICATE LOT SIZE STANDARDS IN THE ZONING ORDINANCE STATEMENT OF]PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new subdivision ordinance that went into effect on May 7, 2004. The subdivision ordinance contains several standards that are now redundant or conflicting with City standards found elsewhere in the zoning ordinance or other City regulations. On December 1,2015, the zoning ordinance's Floodplain Regulations (Section 21-12) was replaced in its entirety, including revised definitions for floodplain-related terms. The subdivision ordinance's street design standards replicate rules found in the Design& Construction Standards of the Board of Public Works. The subdivision ordinance included lot standards that are established in other sub-sections of the zoning ordinance. 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 14 Subdivisions, Section 21-14.02 (a) Definitions, is hereby amended as follows: (18) _F ea d-ea, -1 In-,-;u Fanee Administfation means the adminf�tr-ative offiee of the National Reserved. (19) Flood or t4ee.awate.-means t e . ,.,re,-of a river- s4eaf ,,hie-1, is above its banks and/er-eutsid-te it, Reserved. (20) Fleed hazard area means that peffien of afleedplain whieh is not adequately pr-ateeted fiefn fleeding by meeas of dikes, levees, r-esen,eifs, er-other-works Reserved. (21) ,,.,&er-the Natural neseuFees G,,...u. niss ea. Reserved. (39) Regulate,-y flee,, ears he one h,,.,d_ed yea..flood as aes;,, area by the Federal Reserved. SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.03 (b) Street requirements, is hereby amended as follows: M\ ]IA;meF streets shall be laid eat se that their-use by dffe,.g t.-.,f' e will be di (3) Wb,e..e a „b,diyis;e., b,er- e s an .,tams an existing o proposed s4eet as u mar-gin al,1 st.e reverse f..,a et o te with .,last'„ „te e.l ser-een aeaaeeess e ati .,, .. l,h e shell have minitf-R-1-iffl- 4,1t1, of ten(10) F et along the r-ear-pr-epefty line, or-sue-h other-t+ea�ment as may be adequate 1„e.,1Ffc (47 (2) // \6� (4) (77 (5) `44 (�6) (/94 (Q,)) �T (8) 044 (9) Culs-de-sac and dead-end streets, designed to be so permanently, shall gene not be longer than si*hundred{68A}five hundred(500) feet. All dead-end streets shall terminate in a circular right-of-way within a minimum radius of fifty(50)feet with an effective turning radius of forty (40) feet. 424 (10) The minimum right-of-way width of all streets shall be as sehe"led under-seatie 21 14.09( "" per the latest standards adopted by the Board. 44) SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.03 (c) Alleys; standards, is hereby amended as follows: or- other-a .,,1;t; lsit-ete their- (3) The . idth of an alley shell .,..t be less the., twenty(20) feet. (44 ((2) (Cl (3) SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.03 (e) Blocks; standards, is hereby amended as follows: (1) The width of blocks shall be sufficient to allow two "` t1eY° „f avoid double frontage lots, except where reverse frontage on a major thoroughfare is required. (2) Where effective use of land does not require otherwise, blocks in residential subdivisions shall not exceed°i°teeM h,,.,.1«ea(1,600 one thousand(1,000) feet in length. (3) In the event of b.leeb length a ee, ing one the„s.,n (1,000)feet,,.he«e the pedestr-ieaqway net less than teti (10) feet in width may be r-equir-ed fteaf t eer,te«and ei4ir-ely aer-oss any G,/.,../ C„eh pedes4ia,w ay shall he .le,-l;e.,te.l md paved to a width of five(5) feet. The perimeter of any block shall not exceed two thousand eight hundred (2,800) feet in length. SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.03 (f) Lots; standards, is hereby amended as follows: (1) Deside.,,t;.,l let., shall in no easte he less than s ra y(60) feet in width at the building!in leSs ah—An ssix thousand (6,000) squar-e feet in area. M\ Ge..n lets shall in no ease he less than sixty five (65) foot in width .,t the building kn .,t,:., less tha seven thousand (7,000) square feet in (3) The depth te width ratio of the useable afea, •, the area whieh is not ufmseable fer-nefmal building, semi`•, " read fial, o fnil,r-aetiyi es by rcasen of the existenee-of geelegt , , drainage, half( G) to e (1 0) e*eept where a e heeemes „ eessar- ,for-the purpose.,f using„ odd shaped pweels. '/ 11 (-5) (2) Every lot shall abut on a public street or have dedicated access to a public street as permitted by the Zoning Ordinance. (6) (3) Double frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. en easement of at least te., (iO) feet in width, aer-osswhieh there shall be ne aeeess, shall be pr-evided aleng the line of lets abiatting sueh 4affie a4er-ies Or- ether-disadvantageous use, (7) WheFe lafger-than neEmal let-s afe pr-apesed, they shall be of sueh shape and dimensions that futufe st-Feets may be plaaed aleng let lines. (S) (4) Lots shall be numbered consecutively throughout the entire subdivision. SECTION VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.04 (b)(1)(A) vii. is hereby amended as follows: vii. Dimensioned building .,th.,,a.lines.. Reserved. SECTION VII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.08 (b) Required Improvements, is hereby amended as follows: (6) (B) Sidewalks shall be leeated not less than eiie(1` feet f e.„ the „ pert„lin oft all t-s , fh by f oe„t , tr to prevent „tere e e e e.t e „or- Wel=fiat° In s gl° F.,,-„:ly residential ., ° eaner-ete sidewalks shall be five (5) feet, ,;de and four-(4) if ekes thie-IrE. >\d ,,:„,.,.r gr- d:e„t e;-;- ,1L� Sh.rll_l,e not fner-e than five(5) pefeent. In multifamily or-group §jb�- - sidewalks sh-A-1-1 be, of-a AlVidth deteEmined by the inst ed er the latest standards adopted by the Board. Sidewalks ' commercial ar as shall have a minimum width of ten(10) feet. (8) Trees of., var-iety appr-eved by the !'.,.,..,... issien and the Super-i te..de„t of Par-ks shall he a s dered ., r-eeeffffneaded i eat If s eh „1.,„t:„.. : „lished the t,.ees shall he planted no eleser than five (5) feet to the f ent ___--- -�----; ---- ---= `----- -- - --- =--`=- ---- -- feet u-ry i.-uric pr-epei4y line on the pr-epeFty side and shall be spaeed re I�-s Pe-r-ah-man-f e t4 y (4 0) feet ,-t The,.shall he of„r„e an e half(1 1/2) inches ; root-a�si�rzic��n�arr-v�?�irirvx vzx ...... .,.... ...... �_ �...., ....,....., .n diameter-measured o feet e (1) -tboye the ground. The.. .es».e fie. , shall apply to the f-Feat yar-d area only. SECTION VIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Subdivisions, Section 21-14.08 (c) Streets and alleys; specifications, is hereby amended as follows: (2) All streets shall be surfaced and improved in the manner determined by the Board and shall conform to the fellewing sehedule; latest standards adopted by the Board. Street Width TM91e Width Pavement* Major stree 804o 120' as shown on theVafiable Land Use and XaH l' 1 eeter Streets w Aif;.,,er streets for-r houses W 32' to 3w and apaFtfnefit-R Ali !,U streets for- single 5W family.letaehe.d dwelling Marginal aeeess 2rW 4-W O all , ,e.l all weather- df:iyeway and rlr;t,e::watt apr-on shall he pro-vided. The fn lieat betweenveftieal tr-afisitions shall be not greater-than feuFteen (1 n) „ ent * Measured Rutter line to Rutter l;,,e **Curb and gutter- shall generally et be r-eguir-ed ewe hig#wysid . A planting strip with a minimum width of te., (10) feet .he r-equiFed on the highway �; le SECTION IX. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock M. Pete Buttigieg, Mayor Mayor, City of South Bend, Indiana