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HomeMy WebLinkAbout8548-94 Amending Chapter 21 Zoning Adding certain Wagering FacilitiesORDINANCE No. 8548 -94 Passed by the Common Council of the City of South Bend, Indiana. Attest: November � 4 14, 19 94 City Clerk iD CATII Y ('_ A 1,71�,7(1T�T of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— _ Approved and signed by November 15, 94 r9 IRENE K. GAMMON // //d �Z`f' Clerk BILL NO. APC NO. ORDINANCE NO. &3qg_qq AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING CERTAIN WAGERING FACILITIES AS AN EXCEPTION IN THE "C" COMMERCIAL AND "D" LIGHT INDUSTRIAL ZONING DISTRICTS, AND MAKING CERTAIN OTHER RELATED REVISIONS. WHEREAS, Indiana State law regulates pari - mutual wagering on horse racing in the State to ensure that such wagering will be conducted with the highest standards and the greatest level of integrity; WHEREAS, the City of South Bend, Indiana, believes that the zoning standards cognizant of the highest and best land usage and their effect on the surrounding neighborhoods are of paramount public importance; WHEREAS, the City of South Bend has endeavored to promote the health, safety and general welfare of the City through zoning regulations; and WHEREAS, the City is of the opinion that off -track pari - mutual wagering facilities are unique land use activities such that special development standards are required to lessen their impact. NOW THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: STATEMENT OF PURPOSE AND INTENT The purpose and intent of this ordinance is to the allow off -track pari - mutual wagering facilities in "C" Commercial, and "D" Light Industrial zoning districts as an "Exception" subject to the approval of the Board of Zoning Appeals and the Common Council. Due to the unique characteristics of wagering establishments, their regional markets, hours of operation, and the amount and type of vehicle traffic generated, additional development and locational standards over and above those of other commercial uses are required and established. Section 1: Section 21 -1 (a) (112) is hereby amended to read: (a) (112) Reserved Wagering, off -track pari- mutual facility means a location, other than a racetrack, authorized by the Indiana Horse Racing Commission at which pari- mutual wagering is conducted. Section 21 -1 (a) (31) is hereby amended to read: (a) (31) Controlled use means those uses of property which are recognized as having serious objectionable characteristics, particularly when several of them are concentrated, thereby having a deleterious effect upon the adjacent areas; and shall include the following: a. Adult business; f. Pool or billiard hall; g. Public dance hall.. and h. off -track pari- mutual wagering facility. Section 2: Section 21 -18 (c) is amended to read: In order to promote the use of the downtown and East Bank area as a regional retail business and convention center, any Class A cabaret or restaurant which sells beer or intoxicating liquor for consumption on the premises, or a wagering, off -track pari- mutual wagering facility is exempt, for the purpose of this chapter, from the locational restrictions in Section 21 -18(b) herein, in the area bounded by a line drawn as follows: Section 3: Section 21- 117.06 is hereby amended to read: Section 21- 117.06 Exception in "C" Commercial, and "D" Light Industrial Districts. a) The following exceptions may be permitted in the "C" Commercial, and "D" Light Industrial Districts: (1) off -track pari- mutual wagering facility, provided that in addition to the Height and Area District Regulations of Article 4 the following are complied with. In case of conflicting regulations the more restrictive shall apply. (a.) Minimum floor area of a principle building shall be 6,000 square feet. (b.) The lot shall have direct access from an arterial street, as determined by the Board of Public Works. (c.) In addition to the regulations set forth in ARTICLE 5. OFF - STREET PARKING AND LOADING FACILITIES the following landscaping and screening requirements shall apply. (1.) Off - street parking, associated drives and maneuvering areas shall not be located less than twenty (20) feet from any side or rear lot line. (2.) Except for entrance drives and walks, an off- street parking facility that may be viewed from a public street shall be screened by a masonry wall, evergreen hedge, earth berm, an on -site building or any combination thereof. The screening shall be established and maintained at a height of not less than two and one -half feet nor more than three feet to restrict the view of parked vehicles from the public street. (3.) All security fencing shall be effectively screened. (d.) An off -track pari- mutual wagering facility shall not be located within one thousand (1,000) feet of any property lines of any two (2) controlled uses, as defined in Section 21 -1 (a) (31). (e.) An off -track pari- mutual wagering facility shall not be located within five hundred (500) feet of any residential zoning district in St. Joseph County, any municipality in the County or the City of South Bend. (f.) In addition to Sign Regulations of Article 10, only the following signs shall be permitted. In case of conflicting regulations the more restrictive shall apply. ii. The top of the sign does not exceed four (4) feet above grade; iii. The sign meets the setback requirements of Section 21 -169; and (3.) One marquee or canopy sign per primary building provided that: i. The sign does not exceed sixty -four (64) scruare feet in area; ii. The sign meets the requirements of 21.169(d). (4.) Fascia signs provided that the signs do not exceed sixty -four (64) square feet in area; and (5.) The total size of all the signs shall not exceed one hundred twenty -eight (128) square feet. Section 3: 1. Section 21 -89 (a) is hereby amended to include the following: Use Parking Spaces off -track pari- mutual 1 per each employee, wagering facility plus 1 per 3 persons based upon the maximum number of persons that can be accommodated at the same time in accordance with the design capacity. 2. That part of Section 21 -90 (a) which presently reads: Retail, service repair establishments, restaurants be amended to read as follows: Retail, service repair establishments, restaurants and off -track pari- mutual wagering facility Section 4: 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. f� TammtUrr Irpart On #4t (gaum n (IIo=U of #4t (9iiy of Ovw4 atnd: Your Committee of the Whole to whom was referred BILL NO. 89 -94 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING CERTAIN WAGERING FACILITIES AS AN EXCEPTION IN THE "C" COMMERCIAL AND "D" LIGHT INDUSTRIAL ZONING DISTRICTS, AND MAKING CERTAIN OTHER RELATED REVISIONS Respectfully - report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable,as amended by substitution of a new bill which is amended in Section 3 (e). Change comma (,) to period (.) after word Bend and delete rest of sentence. Roland Kelly, Chairman FREE PRESS PUBLISHING CO. AREA PLAN COMMISSION of ST. JOSEPH- - CGUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY —CITY BUILDING, SOUTH BEND, IN. 46601 October 19, 1994 The Honorable Common Council City of South Bend County -City Bldg. - 4th Floor South Bend, IN 46601 (219) 235 -9571 FAX (219) 235 -9813 RE: A proposed ordinance initiated by the Common Council of the City of South Bend amending and supplementing Chapter 21, Zoning, of the Municipal Code of the City of South Bend, Indiana, as amended, by adding certain wagering facilities as an exception in the "C" Commercial and "D" Light Industrial Zoning Districts, and making certain other related revisions. - APC #1632 -94 Dear Council Members: The above referenced ordinance initiated by the Common Council of the City of South Bend was legally advertised on October 6, 1994. The Area Plan Commission at its public hearing on October 18, 1994, took the following action: Upon a motion by Lee Slavinskas, being seconded by Bruce Huntington and unanimously carried, the proposed ordinance initiated by the Common Council of the City of South Bend amending and supplementing Chapter 21, Zoning, of the Municipal Code of the City of South Bend, Indiana, as amended, by adding certain wagering facilities as an exception in the "C" Commercial and "D" Light Industrial Zoning Districts, and making certain other related revisions is sent to the Common Council with a favorable recommendation. PLEASE NOTE that the Ordinance has been amended and is different than that used for the Common Council's first reading. The amended Ordinance was the Ordinance 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. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincerely, Richard S. Johnson RSJ:sr Attachment Filed in U rk's ice C C T 1 1994 Ci7Y CLszeK W. LIP940, IN- Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT October 7, 1994 Initiated by the Common Council of the City of South Bend 1632 -94 Location: City of South Bend REQUESTED ACTION: This is a Common Council initiated petition to amend the City' Zoning Ordinance to allow off -track pari - mutuel wagering facilities as a Special Exception in the "C" Commercial and "D" Light Industrial zoning districts. These facilities will be added to the controlled use section of the zoning ordinance. In addition, since an off -track pari - mutuel facility needs a Special Exception, a petition for this type of facility will require a public hearing before the Board of Zoning Appeals and the Common Council. The proposed ordinance will also establish standards for the minimum size of off -track pari - mutuel wagering facilities (6,000 sq. ft.), as well as locational, parking, screening, and signage requirements. Off -track pari- mutuel wagering facilities will not be allowed to be located closer than 500 feet from any residential zoning district in St. Joseph County or any of the residential districts in any of the municipalities with the exception of the "A -3" Mixed Use Multifamily Residential and Commercial District in the City of South Bend.