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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- One(1) citizen member appointed by the Common Council, who must not be a member of the Plan Commission - One(1)member appointed by the Plan Commission from the Plan Commission's membership, who must be a county agricultural agent or a citizen member of the Plan Commission other than the member appointed above; and WHEREAS, adequate staffing will be critical to ensure the successful development and implementation of an updated Zoning Ordinance, the seamless transition from the current Area Plan Commission and the Area Board of Zoning Appeals to a new South Bend Plan Commission and South Bend Board of Zoning Appeals, and the administration of the Zoning Ordinance; however, the budget for fiscal year 2019,passed unanimously by the Common Council on October 8, 2018, included adequate staffing resources, but the Department committed to not fill the Zoning Administrator and Zoning Specialist positions until adoption of this Resolution by the Common Council. NOW,THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. The Department shall continue to work in close partnership with the South Bend Common Council to amend the existing Zoning Ordinance to promote further investment in South Bend's community, and enable vibrant mixed-income neighborhoods and to investigate ways to streamline the development process through the closer coordination of City departments. SECTION II. The Department shall with the Council's Chair of the Zoning and Annexation Committee or that Committee's appointees establish a process and updated schedule as Zoning Ordinance reform efforts commence to enhance usability from the perspectives of property owners, developers,residents, and administrators. SECTION III. After consultation with the Area Plan Commission staff and the Common Council, the Department shall finalize and share implementation details, including the timeline for the transition and suitable dates and times for scheduled public meetings of the South Bend Plan Commission and Board of Zoning Appeals and an accompanying communication plan to make the transition as smooth and user friendly as possible. SECTION IV. The Department and Common Council shall work together to ensure that the members of the South Bend Plan Commission are properly trained annually in their duties as well as properly staffed to implement and administer the South Bend Zoning Ordinance, including knowledgeable legal counsel with experience in zoning and land use law. SECTION V. The Department may fill the Zoning Administrator and Zoning Specialist positions to assist with updates to the Zoning Ordinance and ensure a smooth transition to the South Bend Plan Commission and Board of Zoning Appeals as well as develop a strategy for enhanced Zoning Enforcement. SECTION VI. The Department shall prepare an ordinance to update the administrative functions under Chapter 2, Article IV, and Subsection 2-13 of the South Bend Municipal Code. N Tim Scott, Council President South Bend Common Council