HomeMy WebLinkAboutAmending Chapter 21 Section 21-05 Planned unit Development DistrictORDINANCE No. 10:43 -13
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Attest:
July 22, 20 13
JOHN VOORDE
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by me
July 23, 20 13
City Clerk
President of Common Council
UUMV VVVIfUL'
JUL y Z H
20 13
City Clerk
=1
Ordinance No. L U 2-4 3 -0
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 5 PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 21 -05 PLANNED
UNIT DEVELOPMENT DISTRICT, TO REVISE THE CRITERIA USED IN DETERMINING
MAJORIMINOR CHANGES TO APPROVED SITE PLANS AND REMOVING TIME
LIMITS TO OBTAIN SECONDARY APPROVAL.
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. Now that the ordinance has been in use, it has
been determined that it is desirable to amend Article 5 Planned Unit Development District, to revise
the criteria used in determining major /minor changes to approved site plans and removing time limits
to obtain secondary approval.
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 5, Planned Unit
Development District, Section 21 -05 Planned Unit Development, is hereby amended as follows:
(c) Procedure For Approval Of A Planned Unit Development
(5) Secondary Approval
•
Ilk 1.
•
(E) to (B
(D) to
to
(F)to(E)
(G) to (F)
(d) Modification Of Preliminary Plan Or Secondary Approval
Minor modifications to a preliminary plan or secondary approval which has already
received approval from the Area Plan Commission or the Executive Director and
which do not involve: (a) an increase in height, area, bulk or intensity of land uses
unless the Area Board of Zoning Appeals grants a variance for height area or bulk;
(b) the designation of additional land uses; (c) the reduction in perimeter yards unless
the Area Board of Zoning Appeals grants a variance; (d) an encroachment into any
drainage easement, regulated drain setback or floodplain; (e) the addit e„ of
driveif,a5,w awe p €) reduction in the amount of parking for any use
below that which is required by Section 21 -07.04 of this Ordinance unless the Area
Board of Zoning Appeals grants a variance, may be authorized by the Executive
Director without a public hearing in its continuing administration of the PUD if, in the
determination of the Executive Director, the requested minor modifications do not
adversely impact the purpose or intent of the overall development.
If the Executive Director determines that the proposed modification is of such a nature
as to adversely impact the purpose or intent of the overall development, or if the
proposed modification includes: (a) an increase in height, area, bulk or intensity of
land uses unless the Area Board of Zoning Appeals gran ts a variance for height, area.
or bulk; (b) the designation of additional land uses; (c) the reduction in perimeter yards
unless the Area Board of Zoning Appeals grants a variance; (d) an encroachment into
any drainage easement, regulated drain setback or floodplain; (e) the addition of
a' �+w e - or-, (f) reduction in the amount of parking for any use
below that which is required by Section 21 -07.04 of this Ordinance unless the Area
Board of Zoning Appeals grants a variance, Petitioner shall be required to file a new
petition for zone map change.
IT
(E) to (B
(D) to
to
(F)to(E)
(G) to (F)
(d) Modification Of Preliminary Plan Or Secondary Approval
Minor modifications to a preliminary plan or secondary approval which has already
received approval from the Area Plan Commission or the Executive Director and
which do not involve: (a) an increase in height, area, bulk or intensity of land uses
unless the Area Board of Zoning Appeals grants a variance for height area or bulk;
(b) the designation of additional land uses; (c) the reduction in perimeter yards unless
the Area Board of Zoning Appeals grants a variance; (d) an encroachment into any
drainage easement, regulated drain setback or floodplain; (e) the addit e„ of
driveif,a5,w awe p €) reduction in the amount of parking for any use
below that which is required by Section 21 -07.04 of this Ordinance unless the Area
Board of Zoning Appeals grants a variance, may be authorized by the Executive
Director without a public hearing in its continuing administration of the PUD if, in the
determination of the Executive Director, the requested minor modifications do not
adversely impact the purpose or intent of the overall development.
If the Executive Director determines that the proposed modification is of such a nature
as to adversely impact the purpose or intent of the overall development, or if the
proposed modification includes: (a) an increase in height, area, bulk or intensity of
land uses unless the Area Board of Zoning Appeals gran ts a variance for height, area.
or bulk; (b) the designation of additional land uses; (c) the reduction in perimeter yards
unless the Area Board of Zoning Appeals grants a variance; (d) an encroachment into
any drainage easement, regulated drain setback or floodplain; (e) the addition of
a' �+w e - or-, (f) reduction in the amount of parking for any use
below that which is required by Section 21 -07.04 of this Ordinance unless the Area
Board of Zoning Appeals grants a variance, Petitioner shall be required to file a new
petition for zone map change.
(g) Extensions
(h) to (g)
Section H. This Ordinance shall be in full force and effect from and after its passage by the Common
Council and approval by the Mayor.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the 23 t-YA day of
,2013, at Z', �-( o'clock__V, ._m.
City C rk
Approved and signed by me on the 24 day of J y �/ , 2013
at . 0 0 o'clock P. m.
1 st READING
PUBLIC HEARING
3 rd READING LL —1
NOT APPROVED
REFERRED A � p'
PASSED - —7,2,-u
Mayor • • Bend. Indiana
Filed I � YrXW , Office
MAY 23 N13
JOHN VoOk a
CITY CLERK, SOUTH SEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
26 -13 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF
THE SOUTH BEND MUNICIPAL CODE, ARTICLE 5
PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 21-
05 PLANNED UNIT DEVELOPMENT DISTRICT, TO
REVISE THE CRITERIA USED IN DETERMINING
MAJOR /MINOR CHANGES TO APPROVED SITE PLANS
AND REMOVING TIME LIMITS TO OBTAIN SECONDARY
APPROVAL
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 and Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole
its
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 ) 235 -9571
May 23, 2013
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 that Regulate Planned Unit Developments.
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
Planned Unit Developments.
The changes, as presently proposed, would remove the time constraints for the submittal of final plans
and clarify that the Executive Director of the Area Plan Commission could allow certain changes if
approved at a public hearing by the Area Board of Zoning Appeals.
I am requesting that the attached ordinance be placed on the June 10, 2013 Council agenda for First
Reading. The Area Plan Commission will hear this ordinance on June 18, 2013.
If you have any questions, please feel free to contact me.
Filed in Clerk's office
Sincerely, -
uJ.��C�� MAY 23 2Q��
hn W. Byorm JOhN VOOFIDE
Crry CLERIC, SOUTH SEND, 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 O U N T Y I N D 'ANA. C O I/ A r e a p l a n