4769-19 Approval of the City Adminstration's Effort to Establish a South Bend Plan Commission and Board of Zoning Appeals

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2ND SUBSTITUTE BILL NO. 19-15 RESOLUTION NO. 4769-19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE HIRING OF STAFF TO INVESTIGATE THE DEVELOPMENT OF A SOUTH BEND PLAN COMMISSION AND BOARD OF ZONING APPEALS SEPARATE AND DISTINCT FROM THAT OF THE COUNTY AND TO DRAFT AN ORDINANCE IN CONFORMITY WITH THAT PLAN WHEREAS, The City of South Bend recognizes and appreciates the dedicated service of the St. Joseph County Area Plan Commission and the Board of Zoning Appeals and their staff for the many years that they have reviewed plans and acted on behalf of the City in land use matters; and WHEREAS, The Department of Community Investment ("Department") and Common Council have worked in close partnership since mid-2017 to undertake practical zoning reforms through the passage of a series of zoning quick fixes, namely: - Pyramiding Uses - Common Variance Requests regarding setbacks, outdoor seating, and landscaping - Common Engineering Variance Request regarding drive and alley widths and drive-through stacking - Mixed Use District Standards - Off-Street Parking Regulations - Subdivision Ordinance Standards; and WHEREAS, The City's existing Zoning Ordinance, adopted in 2004 needs additional reforms to align it with best practices to guide future development in the City, and the City Administration intends to begin efforts toward this goal in earnest by the end of 2018 with Common Council input and participation as an essential part of this update process; and WHEREAS, while realizing administrative efficiencies through partnerships with the County is preferred whenever possible, establishing a South Bend Plan Commission and Board of Zoning Appeals is in the best interest of the City and its residents; and WHEREAS, the Department currently anticipates the establishment of the South Bend Plan Commission in the second half of 2019, upon the completion and adoption of all Zoning Ordinance reform efforts to allow for a smooth transition; and WHEREAS, Indiana law (Ind.Code § 36-7-4)prescribes local planning and zoning, and accordingly, serves to define the powers, structure and membership of the South Bend Plan Commission("Plan Commission") and the Board of Zoning Appeals along the following lines: Plan Commission: Nine (9) members - One(1) member appointed by the Common Council from its membership - One(1)member appointed by the Board of Park Commissioners - One (1)member or designated representative appointed by the Board of Public Works - The City Engineer or a qualified assistant appointed by the City Engineer - Five(5) citizen members, of whom no more than three(3)may be of the same political party, appointed by the Mayor Board of Zoning Appeals: 5 members - Three(3) citizen members appointed by the Mayor, of whom one(1)must be a member of the plan commission and two (2)must not be members of the Plan Commission