10171-12 Amend Code - Ch 21 Art. 9 Sect. 2-09.05 Development Review Procedures

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Staff Report APC # 2635 -12 Owner: APC Initiated Location: Text Amendment Jurisdiction: City of South Bend Requested Action: The request is a text change amending Chapter 21 of the South Bend Municipal Code, Article 9, Administration, Section 21 -09.05 Development Review Procedures, in order to add a new section (h) Combined Pubic Hearing Procedure. Staff Comments: Presently, there are four procedures between the zoning and subdivision ordinances that affect future development: rezoning, subdivision, variance and special exception. Rezonings are filed with the Common Council, referred to the Area Plan Commission for public hearing and recommendation, and then returned to the Common Council. Subdivisions are submitted directly to the Area Plan Commission and referred to the Plat Committee. Variances are filed with the Building Department and heard by the Area Board of Zoning Appeals. Special Exceptions are also filed with the Building Department and heard by the Area Board of Zoning Appeals, but returned to the Common Council with a recommendation. In July 2011, a State statute change allowed an Area Plan Commission to hold a combined public hearing on all four of the above items. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The combined hearing offers a more efficient development process, a strategy suggested by land use and economic development objectives in City Plan. It will reduce the number of public hearings for the developer and the public to attend, have one point of contact for developers, and allow for one legal advertisement and notification process. The combined hearing procedure can only be initiated at the request of the petitioner. APC Initiated #2635 -12 Page 1 of 1