HomeMy WebLinkAboutAmending Chapter 21 South Bend Municipal Code Planned Unit Development DistrictsORDINANCE No. 10368 -15 A
Passed by the Common Council of the City of South Bend, Indiana
August 10, 2015
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
August 11, 2015
JOHN VOORDE
City Clerk
President of Common Council
Approved and signed by me U'J St 20 IT
City Clerk
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Ordinance No. M i44 .A
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, AS AMENDED, BY
REPEALING AND REPLACING ARTICLE 5, PLANNED UNIT DEVELOPMENT DISTRICTS
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. The zoning ordinance allows for
Planned Unit Developments. As market conditions and development structure has changed, a
need was created to update the Planned Unit Development District in order to create more
sustainable developments.
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, be amended by repealing
and replacing Article 5, Planned Unit Development District as follows:
PLANNED UNIT DEVELOPMENT DISTRICT.
(a) INTENT.
(1) The Planned Unit Development (PUD) District is intended to:
(A) Establish a compatible and efficient mix of land uses and open space;
(B) Ensure compatibility with the Comprehensive Plan, surrounding developments and future
development needs;
(C) Establish a creative approach in building design through architectural compatibility with
adjacent buildings, general neighborhood design or by creating a unique style;
(D) Achieve flexibility and provide incentives for development that will sustain a wider range
of choice in satisfying the changing needs of the community; and
(E) Provide for any individual land or a combination of land uses not otherwise specified
elsewhere in this Ordinance.
(2) The PUD District is not intended for the development of residential subdivisions, Permitted
Uses, or Special Exception Uses which are provided for within any district of this Ordinance.
(3) The PUD District is not intended for developments seeking relief from developments
standards within a district in which the use is permitted.
(b) PERMITTED USES AND DEVELOPMENT STANDARDS.
(1) Permitted Uses.
(A) Primary uses in the PUD District shall be any use or range of uses specified in the PUD
District Ordinance establishing such District.
(B) Accessory uses, home occupations or temporary uses, unless otherwise specified in the
PUD District, shall be permitted in a manner customarily associated with the primary
use specified in the PUD District Ordinance.
(2) Development Standards.
(A) The PUD District shall specify development standards applicable to each permitted use
in the PUD District and, at a minimum, shall adopt or include a variation of each
development standard that is applicable to each such use in the district in which each
such use is first permitted.
(B) In any case in which an applicable development standard has not been specified in the
petition for zone map change to the PUD District, the development standard shall be
that which is specified in the district in which the use is first permitted.
(c) PROCEDURE FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT.
(1) General.
(A) The complete review and approval process for a PUD consists of three (3) components:
Submittal of a Concept Plan per §21 -05 (c) (2) Concept Plan;
ii. Submittal of a Petition for zone map change per §21 -05 (c) (3) Petition for Zone
Map Change to PUD District; and,
iii. Submittal for Secondary Approval per §21 -05 (c) (7) Secondary Approval.
(B) A petitioner may elect to proceed with Petition for Zone Map Change to PUD District
and Secondary Approval separately, or may elect to combine them for joint approval as
set forth in § 154.227 (c) (5) (B), below.
(C) If filed separately, the procedure for filing for approval of a zone map change shall be
the same as that required for any other petition for zone map change before the Area
Plan Commission, except as otherwise provided for in this chapter.
(2) Concept Plan.
(A) The filing of a Concept Plan is required. The review of the Concept Plan by the Staff
will create an understanding between the Staff and the developer which may help to
alleviate future misunderstandings and extensive revisions.
(B) The petitioner shall submit a Concept Plana minimum often (10) business days prior
to filing a petition for zone map change to the PUD District, which shall include the
following:
A statement demonstrating how the proposed PUD meets the intent of §21 -05 (a)
Intent;
ii. Proposed locations and types of uses within the area proposed;
iii. Preliminary layout of streets, open space, and other elements basic to the
proposal in relationship to existing site conditions and adjacent properties;
(C) Staff shall review the proposed Concept Plan taking into consideration the following:
That the proposed PUD District meets the requirements of §21 -05 (a) Intent;
ii. Protection and enhancement of the natural and environmentally sensitive features
on the site, including, but not limited to topography, wooded areas, water
features, wetlands, floodways, floodplains and regulated drains;
iii. Development of common areas, open space or recreational areas (passive or
active) accessible to the residents or users of the PUD by way of sidewalks,
footpaths or combined walkways /bikeways;
iv. Building designs which achieve added value to the community; and,
V. Relationship to surrounding properties.
(D) The Staff shall notify the petitioner of any comments related to the submitted Concept
Plan within ten (10) business days of the submittal. Upon receipt of the Staff
comments, the petitioner may modify the Concept Plan and resubmit a revised Concept
Plan for additional review by Staff or file a petition for zone map change as set forth
per § 21 -05 (c) (3) Petition for Zone Map Change to PUD District.
(E) Neither the Staff's review of the Concept Plan submitted for review nor Staff's
comments to the petitioner shall be considered a denial, approval or decision
concerning the proposed PUD District.
(3) Petition for Zone Map Change to PUD District.
(A) A request for a zone map change to a PUD District shall contain the following:
All documentation and requirements as regulated by §21 -09.05 (e) (2) Zone Map
Amendments;
ii. A Preliminary Plan that satisfies the requirements below, and shall specify in
either General Terms or Detailed Terms the permitted uses and development
standards that will apply to the PUD District:
a. Detailed Terms. A Preliminary Plan which includes a detailed description
of all development requirements that apply to the proposed PUD District
on any of the site plans, building elevations, landscape plans, sign plans, or
any other plan required by this Ordinance in sufficient detail to fulfill the
requirements for the issuance of an Improvement Location Permit;
b. General Terms. A Preliminary Plan which do not comply with the
requirements above for Detailed Terms shall be deemed to have expressed
the development requirements that apply to the proposed PUD in General
Terms only and shall require Secondary Approval, as set forth below, prior
to the issuance of an Improvement Location Permit.
(B) Preliminary Plan. A Preliminary Plan shall consist of the following:
A PUD District Ordinance in 8 %:" x 1 1" format consisting of the following:
a. Proposed name of the PUD District;
b. Legal description of the proposed PUD District;
C. Statement on how the proposed PUD District meets the requirements of
§21 -05 (a) Intent;
d. Permitted uses, accessory uses and temporary uses by location;
e. Site development standards by use, such as but not limited to setbacks,
densities, use of yards;
Proposals for handling traffic, general circulation and access points,
sewage disposal, drainage, and other pertinent development features;
g. Landscaping, buffering, tree preservation and use of open space;
h. Lighting standards;
Signs standards;
j. Parking and Loading standards;
k. Building design standards; and
ii. A preliminary Site Plan of the overall PUD on plan sheets not to exceed twenty -
four by thirty -six (24" x 36 ") in size consisting of the following:
a. Proposed name of the PUD District
b. North arrow, written and graphic scale;
C. Boundaries of property with dimensions;
d. General location of proposed land uses;
e. Easements of record;
f. General layout of public and private streets, open space and other basic
elements of the development;
g. General location of all drainage and other utility features and any other
pertinent development features; and
h. Statement regarding how the PUD will be served by water and sewer; i.e
well and septic or municipal water and sewer.
iii. Any other information requested in writing by the Executive Director or Area
Plan Commission that would need to be included and /or addressed in either the
PUD District Ordinance or the Site Plan.
(4) Determination by the Area Plan Commission.
In its determination of the appropriateness of the proposed PUD, the Area Plan Commission
shall pay reasonable regard to the extent to which the proposal accomplishes the intent set
forth in §21 -05 (a) Intent, above, and provides for the protection or provision of the site
features and amenities outlined above.
(5) Preliminary Plan Approval.
(A) If the Preliminary Plan expresses development standards in General Terms, as
described above, secondary approval as set forth in §21 -05 (c) (7) Secondary Approval,
shall be required.
(B) If the Preliminary Plan expresses development standards in Detailed Terms, as
described above, the Petitioner may request Secondary Approval in connection with the
approval of the zone map change to the PUD District, provided that any such approval
shall be conditioned upon the Council adopting the zone map change to the PUD
District.
(6) Conditions.
Conditions may be imposed on the approval of a PUD District which are reasonably
necessary to assure compliance with the permitted use, development standards and minimum
requirements of the PUD District Ordinance.
(7) Secondary Approval
(A) Secondary Approval is required in the PUD District as a prerequisite to the issuance of
an Improvement Location Permit.
(B) The petitioner must file an application requesting Secondary Approval and submit the
following:
A final PUD District Ordinance which expresses the development standards in
Detailed Terms addressing all of the requirements established and approved
under Preliminary Plan Approval; and
ii. A final site plan of the overall PUD on plan sheets not to exceed twenty -four by
thirty-six (24" x 36 ") in size, consisting of all of the requirements of §21 -05 (C)
(3) ii in detail, including any additional requirements approved under §21 -05 (5)
Preliminary Plan Approval.
iii. Any other information requested in writing by the Executive Director that would
need to be included and/or addressed for Secondary Approval.
(C) As part of the Secondary Approval, the following documentation may be required in
order to meet the requirements for approval by the reviewing agencies.
Location of all existing and proposed utility facilities and easements, including, but
not limited to: sanitary sewer, water, storm water management, electric, gas,
telephone and cable within two- hundred (200) feet of the real estate;
ii. Drainage plan;
iii. An erosion control plan for all areas of site disturbance.
iv. Topographic contour every two (2) feet superimposed upon the proposed site plan
portion of the site covered by the submitted plans;
V. Proposed elevation of all building pads within the proposed development;
vi. Plans and specifications for all infrastructure improvements required or proposed in
the PUD;
vii. Any other information specified elsewhere in this Ordinance as a prerequisite to the
issuance of an improvement location permit; and
(D) The Executive Director, during Secondary Review, shall specify any additional plan
documentation or supporting information beyond that required by this subsection,
which must be provided before the issuance of an Improvement Location Permit.
(8) Secondary Approval Authority.
(A) Authority for Secondary Approval is hereby delegated to the Executive Director. The
Executive Director shall have a period of not more than fifteen (15) business days in
which to review the proposed Secondary Approval application and either:
Render a decision of approval or denial concerning the Secondary Approval; or
ii. Request in writing additional information from the applicant. If additional
information is requested, the Executive Director shall have an additional
period of fifteen (15) business days to review the information from the date
the requested information is received.
(B) The Executive Director may seek the advice and comment of the Executive Committee of
the Area Plan Commission or other government review agencies prior to Secondary
Approval.
(C) Any decision of the Executive Director under this Section may be appealed by any
interested party to the Area Plan Commission in accordance with the procedures of
§21 -05 (g) Appeals of Executive Director's Decisions, below.
(9) Proceedings/Notice.
The proceedings required for Secondary Approval shall be the same as those required by this
zoning ordinance for the review and issuance of an Improvement Location Permit.
(10) Required Findings.
(A) The Area ?Ian Commission or Executive Director may issue Secondary Approval only
upon a finding that the plans submitted for Secondary Approval satisfy the PUD
District Ordinance establishing such PUD District;
(B) Secondary Approval shall be sealed with the Seal of the Area Plan Commission and
retained in the office of the Area Plan Commission to be used in its continuing
administration of the PUD.
(11) Surety.
Bonds or other written assurance may be required which are reasonably necessary to
guarantee the timely completion of a public improvement required by the proposed PUD
District Ordinance. Such bond or other written assurance shall be satisfactory to the
Executive Director, and shall run to the Board of Public Works or any other public agency
that will be responsible for the construction and maintenance of the public
improvement.
(12) Expiration.
Secondary Approval of a PUD District Ordinance, whether submitted in its entirety or in
development phases, does not expire. Upon an application for an Improvement
Location Permit for the use or development of the property, whether in its entirety or in
development phases, all required improvements shall be designed and constructed with the
latest standards in effect at the time.
(d) MODIFICATION OF PRELIMINARY PLAN OR SECONDARY APPROVAL
(1) Request for modification.
Request for determination of minor /major modification shall be provided in writing to the
Executive Director detailing the extent of the change or changes. The Executive Director may
request additional documentation that would be needed to determine whether the proposed
changes qualify as Minor Modifications or Major Modifications and outlined below.
(2) Minor Modifications.
Minor modifications to a Preliminary Plan or Secondary Approval which has already
received approval from the Area Plan Commission or the Executive and which do not
involve:
(A) an increase in height, area, bulk or intensity of land uses beyond what was originally
approved during the Zone Map Change to PUD, 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 of perimeter yards beyond what was originally approved during the Zone
Map Change to PUD, unless the Area Board of Zoning Appeals grants a variance;
(D) an encroachment into any drainage easement, regulated drain setback or floodplain; or,
(E) the 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.
(3) Major Modifications.
If the Executive Director determines that the proposed modification does not meet the criteria
above or is of such a nature as to adversely impact the purpose or intent of the overall
development the petitioner shall be required to file a new petition for zone map amendment.
(e) SECONDARY PLAT APPROVAL
The process for the approval and recording of a secondary plat for any development in a PUD
approved pursuant to this section shall be issued in a manner consistent with that for any other
subdivision within the St. Joseph County as set forth in the St. Joseph County Subdivision Control
Ordinance, as amended, and with any additional requirements or commitments entered into in
connection with the approval of the preliminary plan pursuant to this section. The approval and
recording of a secondary plat is required prior to the issuance of an improvement location permit
for any improvements on a lot.
(f) MAINTENANCE OF COMMON OPEN SPACE
In those PUD Districts in which open space, common areas or recreation areas are provided for the
use and enjoyment of residents or users of the PUD District, the petitioner shall file documentary
assurances that the permanent dedication and continuous maintenance of open space, common areas
or recreation areas shall be made in accordance with the approved preliminary plan and secondary
approval, and that the open space, common areas and recreation areas shall be made available to the
residents and users of the overall development in the PUD at a reasonable and non - discriminatory
rate of charge. Such documentary assurances shall be incorporated into the secondary plat that is
recorded in the Office of the St. Joseph County Recorder or otherwise provided for through legally
binding perpetual agreements as approved by the Area Plan Commission and the County. Such
open space shall perpetually run with the PUD and shall not be developed or separated from the
overall development in the PUD at a later date (unless no development of any portion of the PUD
which is benefited by the open space, common areas or recreation areas has occurred and the entire
area subject to the PUD is presented for zone map change).
(g) APPEALS OF EXECUTIVE DIRECTOR'S DECISIONS
(1) Generally.
Any order, requirement, decision or determination by the Executive Director regarding a
secondary approval, or a modification of a preliminary plan or secondary approval, may be
appealed to the Area Plan Commission by any person claiming to be adversely affected by
that order, requirement, decision or determination.
(2) Appeal Process.
The procedures for such an appeal are as follows:
(A) Every appeal shall be filed within thirty (30) days from the order, requirement, decision
or determination.
(B) All appeals shall be determined by the Area Plan Commission at a public hearing for
which any person claiming to be adversely affected by that order, requirement,
decision, or determination shall comply with, and bear all costs associated with, the
notification requirements as provided by rule of the Area Plan Commission.
(C) The Area Plan Commission hearing shall be de novo, in the same manner as though the
application was originally filed with the Area Plan Commission.
(D) The decision of the Area Plan Commission with respect to a secondary approval, or a
modification of a preliminary plan or secondary approval, shall be a final decision that
may be reviewed only by certiorari procedures as provided in I.C. 36 -7 -4 -1016.
Section II. This Ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the
Member of the Common Council
Attest,
City Clerk
,Presented by me to the Mayor of the City of South Bend, Indiana on the day of
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Approved and signed by me on the day of A 2015, at
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
29 -15 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF
THE SOUTH BEND MUNICIPAL CODE, AS A MENDED,
BY REPEALING AND REPLACING ARTICLE 5, PLANNED
UNIT DEVELOPMENT DISTRICTS
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 as substituted (see cover in file from Area Plan dated 7/22/15).
This bill was heard by the Zoning & Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole
t4:0 Is 0
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 ( 5 7 4 ) 2359591
Wednesday, July 22, 2015
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: An ordinance initiated by the Area Plan Commission, amending and supplementing Chapter 21: Zoning
Ordinance of the City of South Bend municipal code, as amended, repealing and replacing Article 5, Planned
Unit Development Districts - APC# 2745 -15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of APC Initiated was legally advertised on Thursday, July 09,
2015 and that the Area Plan Commission at its public hearing on Tuesday, July 21, 2015 took the following action:
Upon a motion by John DeLee, being seconded by Steve Vojtko and unanimously carried, the ordinance
initiated by the Area Plan Commission, amending and supplementing Chapter 21: Zoning Ordinance of
the City of South Bend municipal code, as amended, repealing and replacing Article 5, Planned Unit
Development Districts, is sent to the Common Council with a FAVORABLE recommendation. Updating
the Planned Unit Development District will continue to allow for creative and unique development while
reinforcing the intent, establishing a framework for the process, and modernizing the language contained
within.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading. The amended Ordinance was 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.
Sincerely,
v " ��
Lawrence P
Attachment
--dam -4
. Magliozzi
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
WWW. STf OS EPHCOU NTY IND I ANA. CO M /AREAPLAN
Staff Report 7/9/2015
APC # 2745 -15
Owner: APC Initiated
Location: Text Amendment - City PUD
Jurisdiction: City of South Bend
Public Hearing Date: 7/21/2015
Requested Action:
The requested action is a text amendment initiated by the Area Plan Commission, amending
and supplementing Chapter 21: Zoning Ordinance of the City of South Bend municipal
code, as amended, repealing and replacing Article 5, Planned Unit Development Districts.
Staff Comments:
The South Bend Zoning Ordinance has been in place since 2004. The proposed ordinance
includes the following changes:
1) The language in the INTENT section has been simplified and strengthened;
2) Removed the Area Requirement;
3) Added a requirement that the Concept Plan be filed at least two weeks prior to the
filing of a PUD District ordinance;
4) Re- structured submittal requirements for the Concept Plan, Preliminary Plan and
Secondary Approval;
5) Preliminary Plan now has two components:
i. The Ordinance which provides all of the development standards formatted as a
"report"; and
ii. A site plan;
6) Secondary Approvals will be recorded; and
7) Simplified the language where possible.
The following revisions have been made since the Ordinance was filed:
1) Section (c) (12) Recording was deleted; and
2) Section (c) (13) was renumbered to (c) (12) accordingly.
Recommendation:
Based on information available prior to the public hearing, the staff recommends the text
amendment be sent to the Common Council with a favorable recommendation.
Analysis:
Updating the Planned Unit Development District will continue to allow for creative and
unique development while reinforcing the intent, establishing a framework for the process,
and modernizing the language contained within.
APC # 2745 -15 Page 1 of 1