Appendix B. SUBDIVISION ORDINANCE  

MICHIGAN CITY COMMON COUNCIL
ORDINANCE NO. 4138

AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA REPEALING THE SUBDIVISION CONTROL AND CONDOMINIUM DIVISION STANDARDS ORDINANCE OF THE CITY OF MICHIGAN CITY, LAPORTE COUNTY, INDIANA, BEING ORDINANCE NO. 2738 IN ITS ENTIRETY, INCLUDING ALL AMENDMENTS, AND ESTABLISHING SUBDIVISION CONTROLS AND REGULATIONS FOR MICHIGAN CITY, INDIANA, PROVIDING FOR THE ADMINISTRATION AND PENALTIES FOR VIOLATION THEREOF, AND REPEALING ALL CONFLICTING ORDINANCES

WHEREAS, the Plan Commission of the City of Michigan City, Indiana has the responsibility, in accordance with Indiana Code 36-7-4-701 to recommend proposals for an entirely new, replacement subdivision control ordinance after repealing the entire current subdivision control ordinance, including all amendments, in its entirety; and,

WHEREAS, the Plan Commission of the City of Michigan City, Indiana and the Common Council of the City of Michigan City, Indiana have previously adopted a comprehensive plan for the City of Michigan City, Indiana under Indiana Code 36-7-4-500 et seq.; and,

WHEREAS, the Plan Commission of the City of Michigan City, Indiana previously recommended and the Common Council of the City of Michigan city, Indiana previously adopted a new zoning ordinance for the City of Michigan City, Indiana under Indiana Code 36-7-4-600 et seq.; and,

WHEREAS, in considering the proposal to adopt an entirely new, replacement subdivision control ordinance, the Plan Commission of the City of Michigan City, Indiana and the Common Council of the City of Michigan City, Indiana have each considered and paid reasonable regard to:

(1)

the Comprehensive Plan of the City of Michigan City, Indiana;

(2)

the current conditions and the character of current land and land uses in the entire City of Michigan City;

(3)

the most desirable uses for which all property in the City of Michigan City is adapted;

(4)

the need to conserve property values throughout the City of Michigan City; and

(5)

whether the proposed new subdivision ordinance is consistent with the responsible development and growth in the City Michigan City, Indiana; and,

(6)

the need to provide for adequate transportation, water, sewage, schools, parks, playgrounds and other public facilities; and,

(7)

the need to adopt adequate procedures and standards for the division of larger tracts of land into smaller parcels of land; and,

(8)

the best ways to provide appropriate standards for the width, depth, area and improvement of lots and public ways, so as to promote the public safety and welfare; and

(9)

to provide for appropriate air and light; and,

WHEREAS, upon notice having been duly published and a public hearing having been held on February 23, 2011, pursuant to Indiana Code 36-7-4-604, the Plan Commission of the City of Michigan City, Indiana approved a proposal to adopt an entirely new, replacement subdivision control ordinance after repealing the entire current subdivision control ordinance, including all amendments, in its entirety, and the Plan Commission of the City of Michigan City, Indiana certified a favorable recommendation to said proposal as evidenced by Resolution No. 1-11 of the Plan Commission certified to the Common Council of the City of Michigan City, Indiana; and,

WHEREAS, upon notice having been duly published, a public hearing was held before the Common Council of the City of Michigan City, Indiana on March 15, 2011; and,

WHEREAS, the Common Council has reviewed Resolution No. 1-11 of the Plan Commission of the City of Michigan City, Indiana, the Findings of Fact submitted by the Plan Commission of the City of Michigan City, Indiana, and the related information and comments from the public it has received regarding the proposal to adopt an entirely new, replacement subdivision control ordinance after repealing the entire current subdivision control ordinance, including all amendments, in its entirety; and,

WHEREAS, the Michigan City Common Council has determined that repealing the Subdivision Control and Condominium Division Standards Ordinance of the City of Michigan City, being Ordinance No. 2738, and all of its amendments in its entirety, and adopting a new, replacement subdivision control ordinance in the form of Exhibit A, which is attached hereto and made a part hereof, is in the best interests of the City of Michigan City, Indiana and shall promote the appropriate future development of the City of Michigan City, Indiana; and,

WHEREAS, the Michigan City Common Council has agreed that the Subdivision Control and Condominium Division Standards Ordinance of the City of Michigan City, being Ordinance No. 2738, and all of its amendments, shall be repealed in its entirety; and,

WHEREAS, the Michigan City Common Council has agreed that the proposed new, replacement subdivision control ordinance, in the form of Exhibit A attached hereto and made a part hereof, shall be adopted in its entirety as described herein.

NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA:

Section 1. That the foregoing recitals are incorporated herein by reference.

Section 2. That, after reviewing the Plan Commission Resolution No. 1-11 and the related Findings of Fact and reviewing other information provided to the Common Council during the public hearing held on this Ordinance, and the Common Council, as required by IC 36-7-4-601 et seq., having given reasonable regard to how the proposed changes will affect or conform to: 1) the City(s Comprehensive Plan; 2) the current conditions and the character of current land and land uses in the entire City of Michigan City; 3) the most desirable uses for which all property in the City of Michigan City is adapted; 4) the need to conserve property values throughout the City of Michigan City; and 5) whether the proposed change is consistent with responsible development and growth in the City of Michigan City; that, in view of all of the evidence in the record before it and using the appropriate standards to guide its determination, the Common Council finds that it has been demonstrated to be in the best interest of the City of Michigan City that the change in subdivision control as recommended by the Plan Commission in its Resolution No. 1-11 be approved by the Common Council.

Section 3. That the Subdivision Control and Condominium Division Standards Ordinance of the City of Michigan City, being Ordinance No. 2738, and all of its amendments, are hereby repealed in their entirety.

Section 4. That an entirely new, replacement subdivision ordinance, to be known as the Michigan City Subdivision Ordinance No. ______, in the exact form of the proposed subdivision control ordinance set out in the attached Exhibit A is hereby adopted in its entirety.

Section 5. That this Ordinance, after its passage by the Common Council of the City of Michigan City, Indiana, shall be effective upon approval by the Mayor of Michigan City, Indiana, publication once each week for two consecutive weeks in the Michigan City News-Dispatch, a daily newspaper of general circulation, and the filing of a certified copy of this Ordinance with the LaPorte County Recorder.

Introduced by:/s/ Richard Murphy, Member
Common Council
City of Michigan City, Indiana

Co-Sponsor: /s/ Pat Boy, Member
Common Council
City of Michigan City, Indiana

Adopted this 5 ^th day of April, 2011 by the Common Council of the City of Michigan City, Indiana.

/s/ Mark Espar, President
Common Council
City of Michigan City, Indiana

This Ordinance is approved by me this 6 ^th day of April, 2011.

/s/ Charles E. Oberlie, Mayor
City of Michigan City, Indiana

ATTEST:

/s/ Thomas F. Fedder, City Clerk
City of Michigan City, Indiana