Loading...
HomeMy WebLinkAboutAmend Chapter 21, Article 7 - Zoning - the inclusion of new Section 21-130 entitled Use or Development written commitmentsORDINANCE No. a~~ sa Passed by the Common Council of the City of South Bend, Indiana December 14, 19 98 Attest: Arrest: Presented by me to the Mayor of the City of South Bend, Indiana December 15, City Clerk President of Common Council 19 98 City Clerk Approved and signed by me December 16 , 19 98 ~~`'~ -- Mayor BILL NO. ORDINANCE NO. g4~~,-Q~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 7, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 21-130 ENTITLED USE OR DEVELOPMENT WRITTEN COMMITMENTS Statement of Purpose and Intent The purpose of this ordinance is to allow the Area Plan Commission to permit or require the owner of a parcel of real property to make a written commitment concerning the use or development of that parcel. Pursuant to Indiana Code 36-7-4-613 and 615, the Area Plan Commission is empowered to adopt rules which govern the creation, form, recording, modification, enforcement, notice and termination of commitments; and which would designate affected persons and classes of specially affected persons who would be entitled to enforce such commitments. The Common Council of the City of South Bend, Indiana, believes that it is necessary to make the proposed changes in order to promote efficient and orderly development of land throughout the City. NOW THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Article 7, Chapter 21, Zoning, of the South Bend Municipal Code is amended by the inclusion of new Section 21-130 entitled Use or Development Written Commitments which shall read in its entirety as follows: Section 21- 130 Use or Development Written Commitments. (a) The Area Plan Commission may permit or require the owner of a parcel of real property to make a written commitment concerning the use or development of that parcel pursuant to Indiana Code 36-7-4-608 et seq., when changes to the zoning map are proposed; and also when a PUD district ordinance is affected. (b) The form of any Use or Development Written Commitment shall include but not be limited to the following: 1. Legal name and address of the fee-title owner(s) of the subject property; 2. Legal description of the subject property; 3. Bill number assigned by the City Clerk to the proposed zoning or PUD district bill; 4. Listing of the express conditions of the proposed rezoning of the subject property including the current and proposed zoning classifications and height and area designations, if any; 5. Statement that the owner(s) of the subject property agree to record in the Office of the St. Joseph County Recorder at the owner(s)' expense the written commitment once approved and provide copies to both the South Bend City Clerk and the Area Plan Commission; 6. Statement that the owner(s) agree to comply with the terms, conditions and provisions set forth in the written commitment; 7. Signature(s) of the fee-title owner(s); and if the entity is a corporation, signatures of the corporate secretary and the date of such signing; and Signatures of the President and Secretary of the Area Plan Commission and the date of such signing and approval. (c) A written commitment approved by the Area Plan Commission shall be recorded in the Office of the St. Joseph County Recorder within seven (7) working days of the Commission's approval. (d) A written commitment approved by the Area Plan Commission shall take effect upon passage of the amendment to the zoning ordinance or PUD district ordinance or upon the granting of the approval of the commitment, whichever is later. (e) Unless modified or terminated by the Area Plan Commission, a written commitment is binding upon the fee-title owner(s) of the subject property, each subsequent owner, and each other person acquiring an interest therein. (f) Once recorded, a written commitment may only be modified or terminated by a decision of the Area Plan Commission made at a public meeting after notice as provided by rule of the Commission. (g) The Area Plan Commission does not obligate itself to recommend or not recommend the proposed ordinance which is subject to a written commitment by permitting or requiring written commitments. (h) A written commitment shall be enforceable by an action in either law or equity by the City of South Bend, Indiana, the South Bend Common Council, the Area Plan Commission of St. Joseph County (current or future), the Building Commissioner or his or her designee, the City of South Bend Zoning Administrator, The City of South Bend Board of Zoning Appeals, one (1) or more property owners located within three hundred (300) feet of the subject property and/or successors and assigns of said property owners, with the property owners being a class of affected persons entitled to enforce commitments. Section II. 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. Member of the Common Council 1 st READING II'Z3- 1 PULLI6 HEARING ko~ _ ~ ~,_CL 3 rd READING ~, ~ - 1 `F-Q ~ .OT APPROVED ;, EFERR~D Fited In Clerk's Office NOll1S199a LORETTA J. DIWA CITYCL&RK, ~O. BEt1D, IP.. PASSED 4 ~ .. ~ ~ - q ~ ~ _ _ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 103-98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 7, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 21-130 ENTITLED USE OR DEVELOPMENT WRITTEN COMMITMENTS 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 November 18, 1998 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 131( ND.1~3 99 RE: A proposed ordinance initiated by the Area Plan Commission amending and supplementing Chapter 21, Zoning, of the Municipal Code of the City of South Bend to establish procedures for requiring written commitments concerning use or development of property - APC #1888-98 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on November 5, 1998. The Area Plan Commission at its public hearing on November 17, 1998, took the following action: Upon a motion by Lew Powell, being seconded by Willie Morgan and unanimously carried, the proposed ordinance initiated by the Area Plan Commission amending and supplementing Chapter 21, Zoning, of the Municipal Code of the City of South Bend to establish procedures for requiring written commitments concerning use or development of property, as amended, is sent to the Common Council with a favorable recommendation. 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. Sin rely, obe t W. Sant RWS:sr Attachment Fil®d in Clerk's 4ffic~ iJOV 1 ~ 1998 IORETTA J. DUDA CtT1I CLBi9K, 30. BEND, IIJ. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana . " . ~. STAFF REPORT November 9, 1998 Initiated by the Area Plan Commission 1888-98 Location: City of South Bend REQUESTED ACTION: This is a Area Plan Commission initiated petition to amend the City of South Bend Zoning Ordinance to allow written commitments for rezonings. 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.