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Home My WebLink About10171-12 Amend Code - Ch 21 Art. 9 Sect. 2-09.05 Development Review ProceduresORDINANCE No. 10171-12 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: July 23, -2012 Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by me July 24, -j.`Gy Zs 20 12 City Clerk President of Common Council 20 12- City Clerk Mayer Ordinance No. L 0 7 (—( AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9, ADMINISTRATION, SECTION 21 -09.05 DEVELOPMENT REVIEW PROCEDURES IN ORDER TO ADD NEW SECTION (h) COMBINED PUBLIC HEARING PROCEDURE. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. One of the sections of the zoning ordinance established development review procedures for rezonings, variances and special exceptions. Recent changes to State Statutes allow the Area Plan Commission to establish procedures for a combined hearing for rezoning, variances, a special exception, and a subdivision plat before the Area Plan Commission. Establishing this procedure could result in making the City more attractive to economic development because variances and subdivisions could be approved and recommendations on rezonings and special exceptions could all be made at one meeting rather than three meetings as is presently required. It is the purpose and intent of this Ordinance to establish a combined public hearing procedure. 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 9, Section 21- 09.05, Development Review Procedure, is hereby amended by adding the following sub - section: (h) Combined Public Hearing Procedure. (1) The Area Plan Commission may designate a hearing examiner or committee of the commission to conduct a combined hearing relative to developments that require more than one hearing under this Article. (2) The decision to use this procedure shall be made by the applicant. (3) In conducting a combined hearing, the hearing examiner or committee of the Commission may exercise the following: (A) the powers of the Area Plan Commission in making recommendations to the Common Council on rezoning petitions and text amendments under the I.C. 36 -7- 4 -600 series. (B) the powers of the Plat Committee in approving or denying subdivision plats under the I.C. 36 -7 -4 -700 series. (C) the powers of the Board of Zoning Appeals to grant variances and make recommendations on special exceptions under the I.C. 36 -7 -4 -900 series. E: \ORDINANCES\Zoning \South Bend \Drafted Amendments\AMD COMBINED PUBLIC HEARING PROCEDURE.doc (D) the powers of the Executive Director, hearing examiner or committee of the Area Plan Commission as it concerns the approval of Development Plans under the I.C. 36 -7 -4 -1400 series. (4) Decisions of the hearing examiner or committee of the Area Plan Commission under the combined hearing procedure may be excepted to or appealed as follows: (A) decisions made in relation to the powers granted under Chapter 21- 09.05(h)(3)(A) may be appealed to the Area Plan Commission not later than five days after the date the decision is made. (B) decisions made in relation to the powers granted under Chapter 21- 09.05(h)(3)(B) may be appealed to the Area Plan Commission not later than five days after the date the decision is made. (C) decisions made in relation to the powers granted under Chapter 21- 09.05(h)(3)(C) may be appealed to the Area Plan Commission not later than five days after the date the decision is made. (5) The Area Plan Commission shall make rules governing the hearing of cases under the combined hearing procedure. The rules may not require a petitioner or an applicant to use the combined hearing procedure. Section H. This Ordinance shall be in full force and effe Council and approval by the Mayor. Attes ity Jerk Presented by me to the Mayor of the City of South Bend, Indiana on the Vf AlN, day of 2012, at i 3 o'clock_iZ__._m. City C rk Approved and signed by me on the Z S day of 7 2012, at Z • i5 o'clock ,p . M. Mayor Ist READING b —( 1�tZ PUBLIC HEARING I —L3 _( L 3rd READING ) --L-3 —t L NOT APPROVED Io —1 —t REFERRED PASSED non JUN - 5 2012 JOHN VOOJAUE CITY CLERIC, SOUTH SEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 19 -12 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9, ADMINISTRATION, SECTION 21 -09.05 DEVELOPMENT REVIEW PROCEDURES IN ORDER TO ADD NEW SECTION (h) COMBINED PUBLIC HEARING PROCEDURE Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Zoning & Annexation Committee. Karen L. White Chairperson, Committee of the Whole JOHN W. BYORNI q -op EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR TAREAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 ) 235 -9571 June 4, 2012 Derek Dieter, President South Bend Common Council Fourth Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend Provisions of South Bend Zoning Ordinance to Allow the APC to Conduct a Combined Hearing on Rezonings, Special Use Permits, Subdivisions, and Variances. Dear Mr. Dieter: Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this ordinance is to make certain amendments to that section of the Zoning Ordinance that regulates public hearings before the Plan Commission. Recent changes to State Statutes allow Plan Commissions to conduct a combined hearing, at the request of a petitioner, where a rezoning petition also involves any or all of the following: special use permit, variances and subdivisions. This process should be beneficial to both the applicants and possible remonstrators in that it will reduce the number of meetings that people have to attend and yet allow for public input. I am requesting that the attached ordinance be placed on the June 11, 2012 Council agenda for First Reading. The Area Plan Commission will hear this ordinance on June 19, 2012. If you have any questions, please feel free to contact me. Sincerely, Filed in Clerk`,z Office JUN - 5 2012 JOHN VC ORDE CITY CLERK, SOUTH BEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W. S T J O S E P H C 0 U N T Y I N D [ANA. C 0 MIA ... p l a n rid JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND. INDIANA 46601 (574) 235 -9571 June 20, 2012 RE: An Ordinance initiated by the Area Plan Commission, Amending Chapter 21 of the South Bend Municipal Code, Article 9, Administration, Section 21 -09.05 Development Review Procedures in order to add new section (h) Combined Pubic Hearing Procedure, City of South Bend. - APC# 2635 -12 Dear Council Members: I hereby Certify that the above referenced ordinance of initiated by the Area Plan Commission was legally advertised on Thursday, June 7, 2012 and that the Area Plan Commission at its public hearing on Tuesday, June 19, 2012 took the following action: Upon a motion by Karl King, being seconded by Dan Brewer and unanimously carried, the Ordinance initiated by the Area Plan Commission, Amending Chapter 21 of the South Bend Municipal Code, Article 9, Administration, Section 21 -09.05 Development Review Procedures in order to add new section (h) Combined Pubic Hearing Procedure, City of South Bend is sent to the Common Council with a favorable recommendation. The combined hearing offers a more efficient development process, a strategy suggested by land use and economic development objectives in City Plan. It will reduce the number of public hearings for the developer and the public to attend, have one point of contact for developers and allow for one legal advertisement and notification process. The combined hearing procedure can only be initiated at the request of the petitioner. 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, W. ( t IS w n W. Byo JWB jsc Attachment SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND www.stiosephcountyindiana.con-t/Areaplan Staff Report APC # 2635 -12 Owner: APC Initiated Location: Text Amendment Jurisdiction: City of South Bend Requested Action: The request is a text change amending Chapter 21 of the South Bend Municipal Code, Article 9, Administration, Section 21 -09.05 Development Review Procedures, in order to add a new section (h) Combined Pubic Hearing Procedure. Staff Comments: Presently, there are four procedures between the zoning and subdivision ordinances that affect future development: rezoning, subdivision, variance and special exception. Rezonings are filed with the Common Council, referred to the Area Plan Commission for public hearing and recommendation, and then returned to the Common Council. Subdivisions are submitted directly to the Area Plan Commission and referred to the Plat Committee. Variances are filed with the Building Department and heard by the Area Board of Zoning Appeals. Special Exceptions are also filed with the Building Department and heard by the Area Board of Zoning Appeals, but returned to the Common Council with a recommendation. In July 2011, a State statute change allowed an Area Plan Commission to hold a combined public hearing on all four of the above items. 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 combined hearing offers a more efficient development process, a strategy suggested by land use and economic development objectives in City Plan. It will reduce the number of public hearings for the developer and the public to attend, have one point of contact for developers, and allow for one legal advertisement and notification process. The combined hearing procedure can only be initiated at the request of the petitioner. APC Initiated #2635 -12 Page 1 of 1