HomeMy WebLinkAboutSubstitute Bill 14-19 SF3 Zoning Ordinance Amendment 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
May 6, 2019
Honorable Common Council Filed in Clerk's Office
4th Floor, County-City Building
South Bend, IN 46601 MAY 06 2019
KAREEivIAILI FOWLER
RE: SF3 Zoning Ordinance Amendment CITY CLERK,SOUTH BEND,IN
APC#2897-19 ---_- - —
Dear Council Members:
Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment at the above referenced
location. Please include the attached Ordinance on the Council agenda for first reading at your May 13th,
2019 Council meeting,and set it for public hearing at your June 24th,2019 Council meeting.The petition
is tentatively scheduled for public hearing at the June 18th, 2019 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.
Si rely,
Jo an Wyatt
Planner
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
WWW.S T I O S E P H C O U N T Y I N D I A N A.COM/A R E A P L A N
SUBSTITUTE NO. 14-19
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 1 BASIC PROVISIONS, ARTICLE 2 RESIDENTIAL DISTRICTS,
ARTICLE 7 GENERAL REGULATIONS, AND ARTICLE 11 DEFINITIONS
TO ADD A NEW SF3 RESIDENTIAL FLEX 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. The ordinance does not facilitate development of
"missing middle"housing, units on the housing spectrum between detached single-family
homes and mid-rise apartment buildings. Such housing can be built at a form and scale that is
compatible with single-family neighborhoods, and it offers further housing choice and
affordability. This ordinance would allow the construction of a mixture of single-family
housing, multifamily housing of up to four units, and accessory dwelling units in walkable
neighborhoods.
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 1 Basic
Provisions, Section 21-01.02 (a) Establishment of Districts, is hereby amended as follows:
(1) Districts—The following districts are hereby established for the corporate
limits of the City of South Bend, and land within said areas shall be designated
on the Official Zone Map by the following symbols:
GENERAL USE DISTRICTS SYMBOL
Residential Districts
Single Family and Two Family............... SF1....._.
Single Family and Two FamilY..... . ......_..................... . .._. SF2
Residential Flex
SF3
Multifamily- Urban Corridor MF1
Multifamily- High Density MF2
Commercial/Mixed Use Districts
OfficeBuffer _.............................................._.............__........................_.._.....
............ce..... ......_.... .._..... OB
Mixed Use MU
e
Offic _......... .
O...f........ ..............._....... . 0
...........................................................................................
Local Business LB
Community Business .... ........................... ......... CB
Central Business District CBD
General Business GB
Industrial Districts
Light Industrial LI
General Industrial GI
Planned Unit Developments PUD
Overlay and Special Use Districts HP, U
SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential
Districts, is hereby amended by adding a new Section 21-02.05 as follows:
Section 21-02.05 SF3 Residential Flex District.
Intent—The SF3 District is established to provide for, promote, and maintain the
development of diverse housing types in urban neighborhoods located near neighborhood
centers in both core and outlying areas of the City. The following are typical characteristics
of the SF3 district: primarily for single family dwellings and two family dwellings, allowing
up to four units and the addition of accessory dwellings to help meet the demand for
affordable, urban living; buildings with modest setbacks and inviting building frontages,
primarily of stoops and porches, that create a consistent block face along smaller city blocks;
detached garages accessed from an alley; and pedestrian-oriented scale with sidewalks and
regularly spaced street trees.
(a) Permitted Uses.
(1) Primary Uses.
(A) One(1)Single Family Dwelling.
(B) One (1) Two Family Dwelling. *
(C) One(1)Multifamily Dwelling with no more than four units. *
(D) One (1) Cottage Court(see Section 21-02.05 (b) (13) for additional
development standards).
(E) Accessory Dwelling(see Section 21-02.05 (b) (14) for additional
development standards).
(F) Residential Facility for the Developmentally Disabled.
(G) Residential Facility for the Mentally Ill.
(H) Child Care Home (that is used as the primary residence of the person
who operates the child care home).
(I) Religious Use.
(J) Public Park—Active or Passive.
(K) Private Park—Passive.
(L) Schools, Public or Private.
* = Conversions that add one or more dwelling units, other than an accessory
dwelling, to an existing Single Family Dwelling or Two Family Dwelling shall
require a special exception.
(2) Special Exception Uses.
(A) Educational Use: Including but not limited to: Child Care Center;
Child Care Ministry; College; Pre-school; Public Library;
University.
(B) Governmental Use: Including but not limited to: Fire Station or Police
Station.
(C) Miscellaneous: Including but not limited to: Bed&Breakfast.
(D) Public Facilities: Including but not limited to: Cemetery—with or
without Crematory, Funeral Home, Mausoleum or Mortuary;
Community Center; Funeral Home; Mortuary; Parking Lot—
Accessory; Private Park—Active.
(E) Recreation: Including but not limited to: Swimming Pool - private or
public.
(F) Residential: Including but not limited to: Assisted Living; Group
Home; Nursing Home.
(G) Utilities: Including but not limited to: Public Utility Substation;
Public Wells; Pumping Station; Sewage Treatment Plant; Telephone
Exchange; Water Tower; Water Treatment Plant.
(3) Accessory Uses—See Section 21-02.11 (a)—Accessory Uses, Buildings and
Structures.
(4) Temporary Uses—See Section 21-02.11 (b)—Temporary Uses, Buildings and
Structures.
(5) Home Occupations— See Section 21-02.11 (c)—Home Occupations.
(b) Development Standards.
(1) Utilities—Connection to public water and public sanitary sewer facilities shall
be mandatory for development in this district.
(2) Minimum Lot Width — 15 feet. Access shall be from either a public street or an
abutting alley; provided, however, if access is available from an alley which is
open to traffic, there shall be no access from the public street.
(3) Maximum Lot Coverage—60 percent.
(4) Minimum Yards and Building Setbacks
(A) Front—a minimum front yard and building setback measured from the
greater of the proposed right-of-way or existing right-of-way shall be
provided as follows:
Minimum Maximum
Primary Building: Residential Uses 10' 20'
Primary Building: Nonresidential Uses 10' NA
In elevation view from the street frontage, at least sixty-five (65)
percent of the length of the facade(s) of the building(s) facing a
primary street and fifty(50)percent facing a secondary street shall be
located at or between the minimum setback and the maximum setback.
(B) Side—a minimum side yard shall be provided along all side lot lines as
follows:
Primary Building: Residential Uses—5'
Primary Building: Nonresidential Uses—20'
Accessory Building—5'
A side setback is not required between attached dwellings. For the
purposes of this regulation, no more than four dwellings, whether on
one or more than one lot, shall be attached.
(C) Rear—a minimum rear yard shall be provided along all rear lot lines
as follows:
Primary Building—20'
Accessory Building—5'
(5) Maximum Building Height
(A) Primary Building—35', but not to exceed two and one-half(2 1/2)
stories
(B) Accessory Building— 18'; provided,however, an accessory dwelling
may be built to a maximum height of 24' if it is located at least 20'
from the rear lot line of an abutting lot.
(6) Landscaping—See Section 21-07.01 —Landscape Regulations.
(7) Lighting—See Section 21-07.02—Lighting Regulations.
(8) Signs—See Section 21-07.03 —Sign Regulations.
(9) Parking—Off-street parking areas shall not be required for any use located in
the SF3 District. Any off-street parking areas which are provided, even if not
required, shall be developed in compliance with the design and construction
standards set forth in Section 21-07.04—Off-Street Parking Regulations.
(10) Loading—See Section 21-07.05 —Off-Street Loading Regulations.
(11) Greenway Connection Required—If a development abuts any portion of a
greenway, a direct linkage from the development to such greenway shall be
provided.
(12) Orientation.
(A) The main entrance must be located on the front or side façade and be
visible from the street. Additional entrances may be located on any
façade.
(B) A walkway shall connect the sidewalk to the main entrance.
(13) Development Standards for Cottage Courts—More than one single family
dwelling may be located on a lot when such dwellings are developed as a
cottage court having no more than four primary dwellings. The Zoning
Administrator shall determine whether a project qualifies as a cottage court.
(14) Development Standards for Accessory Dwellings.
(A) The owner(s) of the lot upon which the accessory dwelling is located
shall occupy at least one of the dwellings on the premises.
(B) Only one accessory dwelling is allowed per lot.
(C) The living area of an accessory dwelling shall be no more than 75%of
the living area of the primary dwelling unit or 800 square feet,
whichever is less.
(D) An attached accessory dwelling shall be set back at least 20 feet from
the front façade of the primary building and must meet all required side
and rear setbacks for a primary building.
(E) A detached accessory dwelling shall be located behind the rear façade
of the primary building, shall be separated from other buildings by at
least 10', and shall meet all required setbacks for an accessory building.
(F) A detached accessory dwelling shall not be taller in feet than the
primary building on the lot and must meet all accessory height
requirements.
(G) A detached accessory dwelling shall not be wider than 36 feet.
SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General
Regulations, Section 21-07.01 (b) Landscaping of Required Perimeter Yards and Residential
Bufferyards, is hereby amended as follows:
TABLE 21-07.01 - A: RESIDENTIAL BUFFERYARD LANDSCAPING
Zoning of Zoning of Subject Property
Adjacent
Property SE /Uwww OB MU 0 LB CB CBD GB LI GI PUD
SF1 (4) B B BBB B B C C C (2)
SF2 (4) B B BBB B B C C C (2)
SF3 (4) B BBBBBB CCCM
MF1 (4) A B BBB B B C C C (2)
MF2 (4) A B BBB B B C C C (2)
PUD (3) B B BBB B B C C C (2)
(3) Landscaping of Required Residential Bufferyards for permitted non-residential
uses in the SF1 Single and Two Family Residential Districts, SF2 Single and
Two Family Residential District, SF3 Residential Flex District, MF1 Urban
Corridor Multifamily District and MF2 High Density Multifamily District.
Landscaping required in any portion of a front residential bufferyard, side
residential bufferyard or rear residential bufferyard which is not occupied by
improvements permitted in sub-Section"Use of Minimum Yards and
Residential Bufferyards" in the applicable district, shall consist of Type A:
Open. (Ord. No. 9653-06)
SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General
Regulations, Section 21-07.03 (c) On-Premise Signs, is hereby amended as follows:
(c) On-Premise Signs: SF1, SF2, SF3, MF1 and MF2 Districts
SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Definitions,
Section 21-11.02 Definitions, is hereby amended as follows:
Dwelling, Accessory: A dwelling unit which that is subordinate and incidental to y
Use-ef a primary building on the same lot . • : .. :. An accessory
dwelling may be detached or attached to the primary building.
SECTION VI. 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 , 2019, at
o'clock . m.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2019, at o'clock
.m.
Pete Buttigieg, Mayor
City of South Bend, Indiana
LAWRENCE P. MAGLIOZZI
1:\1:111I I\'L DIRIC IOR
AREA PLAN COMMISSION OF ST_ JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571
June 19, 2019
Honorable South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
RE: Bill #14-19
Rezoning: APC#2897-19 SF3 District
Dear Council Members:
The Area Plan Commission held a public hearing on June 18th, 2019 for the above referenced
petition. This petition is set for public hearing before the Common Council on Monday, June
24th, 2019.
Ordinance & Petition Amendments:
The ordinance has changed since the original submittal and the most recent version is attached.
Public Hearing Summary:
There was one person who spoke in favor. Brian McMorrow was speaking in favor for the
Home Builders Association. He stated SF3 will allow for more housing options to meet the
needs of South Bend.
If you have any further questions, please feel free to contact me at(574) 235-9571.
Si erely,
Jo dan Wyatt
Planner
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
WWW.S T J O S E P H C O U N T Y I N D I A N A-COM/A R E A P L A N
LAWRENCE P. MAGLIOZZI
_eloc
AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN
227 W. JFFFFRSON BLVD., ROOM 1140 COIIN"TY-CITY BUILDING, SOUTH RF NI), INDIANA 46601 (574) 2215-9571
•
Wednesday, June 19, 2019
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A Ordinance initiated by the Common Council of the City of South Bend, Indiana,amending Chapter 21 of
the South Bend Municipal Code, Article 1 Basic Provisions,Article 2 Residential Districts, Article 7 General
Regulations,and Article 11 Definitions to add a new SF3 Residential Flex District-APC#2897-19.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Initiated by Common Council was legally advertised on
June 6,2019 and that the Area Plan Commission at its public hearing on June 18,2019 took the following action:
Upon a motion by Daniel H. Brewer,being seconded by Robert M.Hawley and unanimously carried,
a proposed ordinance initiated by Common Council is sent to the Common Council with a
FAVORABLE recommendation. This ordinance will permit a mix of housing types built at a form
and scale that is compatible with single-family neighborhoods which will further housing choice and
affordability.
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,
`--�� P-
Lawrence P. Magliozzi
SERVING ST. JOSEPH COUNTY . SOUTH BEND, LAKEVILLE . NEW CARLISLE, NORTH LIBERTY , OSCEOLA & ROSELAND
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