11-23-15 Agenda, Packet & Committee Meeting Notice

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1200 COUNTY-CITY Buti.DING SpUTeg 227 W.JEFI;i RSON BOULEVARD o` e/1.6 . PI toNE 574/235-9241 SOu rt I BEND,INDIANA 46601-1830 E1 FAX 574/235-7670 Z:)". o TT)! 574/235-5567 y., PEACE x - ■ 1865 , • CITY OF Son'I I BEND Pin BUTITGIEG,7\11YOR DEPARTMENT OF LAW CRISTAI.C.BRIScO AI.ADI'.AN M. I)I:ROSE CORPORATION ION COUNSF i. CITY A]TORNI?Y November 6,2015 Mr. Tim Scott President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Bill# 69-15 Substitute Version Dear Council President Scott: On October 7, 2015 City Engineer Patrick C. Kerr filed Bill #69-15 which is an ordinance proposing to charge reasonable fees to recover costs of providing services to applicants for site development plans and Board of Zoning Appeal petitions. That Bill,having proposed an amendment to the City's Zoning Ordinance (Chapter 21, Article 1 of the South Bend Municipal Code),was referred on October 13, 2015 per regular procedure to the Area Plan Commission for review and recommendation by City Clerk John Voorde. The Area Commission through its Executive Director has informed us that fees for zoning and similar land use services rendered by the separate cities and towns within St.Joseph County are not within the jurisdiction of the St.Joseph County Area Plan Commission to approve,and that such fees must be set, approved, and collected directly by the city or town. It was also suggested that the fees proposed for City of South Bend Public Works Engineering Division be codified in a Chapter of the Municipal Code other than Chapter 21 (Zoning). The Area Plan Commission,having determined that Bill #69-15 concerns a subject matter which they cannot address, did not and will not provide its customary review and recommendation. For the reasons identified above, I am now filing a Substitute Bill #69-15 which codifies the proposed Engineering Division fees as a new Article 5 to Chapter 6 of the South Bend Municipal Code. No changes were made to the proposed fees. The specific designation under the Subdivisions category for "Minor Primary" and "Replat Primary" were changed to "Minor" and "Replat" to be consistent with the Area Plan Commission Schedule of Fees. The Statement of Purpose and Intent as well as the Title of Bill 69-15 were changed to reflect the codification of the Fee Schedule in a different Chapter of the Municipal Code. Because the change in Title will require re-publication, we request that this ordinance be set ELLIOT A.ANDERSON BENJAMIN J.DOUGHERTY ANDREA HUNTINGTON TASHA REED OUTLAW MICHAEL J.SCHMIDT STEPHANIE STEELE