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Home My WebLink AboutAmending Chapter 21, Article 7, various sections - Rezoning Procedures to clarify final site plan rejection requirementsORDINANCE No. a~a.99 Passed by the Common Council of the Ciry of South Bend, Indiana March 8, 19 99 Arrest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 9 19 99 City Clerk Approved and signed by me March 9 19 99 Mayor ~'~ ORDINANCE NO. U ~U~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 7, REZONING PROCEDURES, OF THE SOUTH BEND MUNICIPAL CODE BY CLARIFYING FINAL SITE PLAN REJECTION REQUIREMENTS STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to clarify the South Bend Zoning Ordinance and to make it easier for the Area Plan Commission to monitor and record final site plans. The Common Council of the City of South Bend finds that it is desirable to make certain amendments to the final site plan requirements of the City's Zoning Ordinance. Now, Therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Article 7, Section 21-123 (e) is amended by adding the underlined words in the following section: (e) If the Area Plan Commission staff does not act on the final site plan or revised final site plan that meets all of the requirements for approval within forty-five (45) days after said site plan is submitted to the Area Plan Commission and so notify the petitioner of its action, such final site plan shall be deemed approved by the Commission staff unless the petitioner requests in writing to the Area Plan Commission additional time. Section II. Chapter 21, Article 7, Section 21-121 be amended by adding the following new section (c) and relettering the subsequent section accordingly: ~) If a final site plan that was submitted to the Area Plan Commission staff prior to the expiration date of the rezoning does not meet the requirements for approval within thirty (301 days of the date of expiration of the rezoning, then the rezoning shall be deemed to have expired. Anew rezoning_petition must be filed if the petitioner wishes to obtain final site plan approval. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 1st READING ' -~~ ~ p1 I PUBLIC HEARING' S~ 1 9 3rd READING3~~,9 / NOT APPROVED REFERRED G PASSEC3 8~ % 9 ggn,~1 /Nl1_ Member of the Common Council Fited to Clerk's office JAPE 1 4 1959 LOAETfA J. pUDA CRY CLEAt;, v0.8EtdC, Itti. CONIlVIITTEE REPORT TO THE CONIMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 4-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 7, REZONING PROCEDURES, OF THE SOUTH BEND MUNICIPAL CODE BY CLARIFYING FINAL SITE PLAN REJECTION REQUIREMENTS Respectfully report that they have examined the matter and that in their opinion, this bill comes to the full Council with a favorable recommendation. Charlotte Pfeifer Chairman Area Plan Commission of St. Joseph County . •' ~ 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 January 19, 1999 Mr. Sean Coleman, President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Final site plan time limits - APC 1902-99 Dear Mr. Coleman: Attached, please find a proposed ordinance initiated by the Area Plan Commission. The purpose of this ordinance is to clarify time limits for the approval of final site plans. Please place the proposed ordinance on your January 24, 1999, agenda for first reading. The Area Plan Commission will conduct its public hearing on February 16, 1999. If you have any questions concerning this matter, please feel free to contact me. S'ncerely, l/a-2.Q es Voll nior Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Area Plan Commission of St. Joseph Cownty • 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 219 235-9571 February 17, 1999 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, 1N 46601 1~ui_ No a-99 Fax 219 235-9813 RE: A proposed ordinance initiated by the Area Plan Commission amending various sections within Chapter 21, Article 7, Rezoning Procedures, of the South Bend Municipal Code by clarifying final site plan rejection requirements - APC X1902-99 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legallyy advertised on February 4, 1999. The Area Plan Commission at its public hearing on February 16, 1999, took the following action: Upon a motion by Lee Slavinskas, being seconded by Lew Powell and unanimously carried, the proposed ordinance initiated by the Area Plan COmm>ISSIOn amending various sections within Chapter 21~ Article 7, Rezoning Procedures, of the South Bend Municipal Code by clarifying final site plan refection requirements is sent to the Common Council with a favorable recommendationo 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. S inceQrel~y~, ~ J ~sfi7`rY IN ~'~ Robert W. ante Rws:sr Filed in Cleric's ~fficQ Attachment FEB 1 7 1999 IORs=Tr RO.fl tiD~l`~. CITY CLER:~, Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana •. f y 1 ~ -. STAFF REPORT February 8, 1999 Initiated by the Area Plan Commission 190.2.-98 Location: City of South Bend REQUESTED ACTION: This is an Area Plan Commission Initiated petition to clarify final site plan rejection requirements for the City of South Bend. This amendment changes the review process so that the 45 day review period begins only when a final site plan that meets the requirements for approval has been submited. It also sets a 30 day time limit for approval of final site plans after the zoning expires. PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation.