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Home My WebLink About85-17 Transfer of Zoning Administration and Updating Procedures LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith D,pu . Di...I qT-x LAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 December 6, 2017 Honorable Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Text Amendment RE: Transfer of Zoning Administration and Updating Rezoning Procedures APC#2850-17 Dear Council Members: Enclosed in an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your December 11, 2017 Council meeting,and set it for public hearing at your January 8, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the December 19, 2017 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions,please feel free to contact our office. Sincerely, Angela M. Smith Deputy Director Filed in Clerk's Office CC: Bob Palm FDEC 0 b 2017 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I ANA.CO M/A R E A P L A N ORDINANCE NO. AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST JOSEPH COUNTY, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9 ADMINISTRATION TO UPDATE PROCEDURES FOR ZONE MAP AMENDMENT, VARIANCES, SPECIAL EXCEPTION USES, AND WRITTEN COMMITMENTS ASSOCIATED WITH AREA BOARD OF ZONING APPEALS APPLICATIOINS; ARTICLE 11 DEFINITIONS TO FURTHER DEFINE THE ZONING ADMINISTRATOR AS THE EXECUTIVE DIRECTOR OF THE AREA PLAN COMMISSION; AND ARTICLE 12 FLOODPLAIN REGULATIONS TO DESIGNATE THE BUILDING COMMISSIONER AS THE FLOODPLAIN ADMINISTRATOR. STATEMENT OF PURPOSE AND INTENT Historically the Building Commissioner has also served as the Zoning Administrator for the City of South Bend, with the Building Department providing the appropriate staff functions associated with these responsibilities. Throughout the state, these responsibilities are usually assigned to the planning staff.The Building Department and Area Plan Commission staffs have worked closely to establish a process and timeline by which these responsibilities will transfer to the Area Plan Commission on January 1, 2018. As such, various changes to the South Bend Zoning Ordinance need to be amended to accurately reflect responsibilities and procedures. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Chapter 21, Zoning, of the South Bend Municipal Code,Article 9 Administration, Section 21-09.05 (e) Zoning Ordinance Amendment Procedures, subsection (2) Zone Map Amendments, is hereby amended as follows: (A) A proposal for zone map change(s) (a/k/a rezoning petition) shall be eempleted in its-entir-ety. it shall be filed in the office of the City Gler-k, Room 4 55 County City Building, Sou4h Bend, indiefla 4 6604-Area Plan Commission, along with all the required documents as outlined in the application adopted by the Area Plan Commission a-pFepesed of rez ,,..a;.,amee on 8 1/2" v 11 ,.mod eever-let4ef. Sai l .,,..1;.,.,nee shall . ply, ,;+b, all .,. t f,-.,, ..1,,ding b,,,+ e o � , net limited te-ha-vi teiffleatt of and tefA." Said proposed r-ezefiing or-dinanee must set fefth in the title the eenunefA L.,..,,,,, address of the s„b jeet p pefty as well as the r`.,,,ne l.Y.anie Distriet within which the subject pr-epeFty is leeated. The petitioner shall inelude with said filing, a wr-iaen 1;s+.,,1 ieh sets f,-tl, all of+l,e names, add—r-tesseas wand tax key number-s of all prepei4y ev,%er- ..erties 1. eated, 4thi... these hundred feet(300') of the petitioned pr-epeAy. INA-t ..e sb,.,ll be given by the Area A1,,,,. C- ,,.,., is-sion to ., „f SotAh Bend's-Neighbor-hood Based Ofganizations whose beundaf-7ies inelude- a are eontiguous to the subjeet property. The n°+;+;°r°, shall file business size (No. #10) envelopes with p..a paid postage addressed to all property ovffier-s ,,; hi tlffe°hundred foe+ (300') of th-e petitioned property; and a loeation map (if availa le) whieh is dra-v�%to wale of the petitioned eAyµ.-..7 ,i,hie inelu`l°., street names fAe l .,..� � ...�Yom` ..t.��l.�-..� .. ..� .� .. �.,�» �t,=' in 4 1/2" x 11" f:.n a+ For- all r-ezo alp the Petitioner- shall file seventeen (1 7) proposed site plans of w-hie six (6) , 411 be used by Area Plan; and the r-emaining eleven(11) being used by the Gouneil and Clerk's Office ti6nal pupeses only.zReques szv= Single Family Districts shall be eXempt ffem filing preliminary site plan i-.—The Staff shall prepare an Ordinance for Zone Map Amendment and forward it, along with the petition,to the Clerk. All fees required by the Office of the City Clerk shall be paid at time of filing. (G) Upon the Office of the City Clerk receiving a written certification on a proposed zoning ordinance from the Area Plan Commission pursuant to Indiana Code Section 36-7-4-605,the Office of the City Clerk shall list by Bill Number and commonly known address under- "U f:, ishea Business" a do � � �n�.�or on the Common Council's next meeting agenda. The n,,,-,-„-ne C.,,,ne l shall the ,•°fer-said a°,•+;fieatio to the !`.,,,,,a;l�� Zoning and A.-mexation Genffnittee for-review and r-eeenunendatien to the full Gouneil, and set the publie hearing date for-the same7 SECTION I1. Chapter 21,Zoning, of the South Bend Municipal Code, Article 9 Administration, Section 21-09.05 (f) Variance and Special Exception Procedures, is hereby amended as follows: (1) Petitions—Petitions for a variance of development standards or for a special exception use shall be filed in the office of the Buik4ing Gommissiene Zoning Administrator of the City of South Bend, Indiana. The proposal shall be on the form(s)provided, available in the Office of the Building r'emmi'siene Zoning Administrator. SECTION 111. Chapter 21,Zoning, of the South Bend Municipal Code, Article 9 Administration, Section 21-09.05 (g) Modification or Termination of Commitments, subsection(1) Form of Filing, is hereby amended as follows: (B) In the case of a modification or termination of commitments permitted or required by the Board of Zoning Appeals, such petitions shall be on forms provided by the Building Depai4mea Zonin_Z Administrator of the City of South Bend. SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Definitions, Section 21-11.02 Definitions, is hereby amended as follows: Zoning Administrator: The individual designated by the Genffnen Couneil in this Ofdi anee as having the responsibility for the interpretation and administration of this Ordinance. The Executive Director of the Area Plan Commission is hereby designated as the Zoning Administrator. SECTION V. Chapter 21,Zoning, of the South Bend Municipal Code, Article 12 Floodplain Regulations, Section 21-12.04 Administration is hereby amended as follows: (1) Designation of Administrator. The Common Council of the City of South Bend, Indiana hereby appoints the Zening Administrate Building Commissioner to administer and implement the provisions of this Article and is herein referred to as the Floodplain Administrator. SECTION VI. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock M. Mayor, City of South Bend, Indiana LAWRENCE P. MAGLIOZZI EXECUTIVE U I REV I OR Angela M. Smith Dcpury Dirrclar AREA PLAN COMMISSION OF ST. )C)SEPH COUNTY, IN 227 W. JF.FFF.RSON BLVD., ROOM 1140 COIINTY-Ci-rY BUILDING, SOUTH BEND, INDIANA 46601 (574)2IS-957t Wednesday, December 20,2017 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: An Ordinance initiated by the Area Plan Commission of St Joseph County,amending Chapter 21 of the South Bend Municipal Code,Article 9 Administration to update procedures for zone map amendment, variances, special exception uses,and written commitments associated with Area Board of Zoning Appeals applications; Article 11 Definitions to further define the Zoning Administrator as the Executive Director of the Area Plan Commission;and Article 12 Floodplain Regulations to designate the Building Commissioner as the floodplain administrator. -APC#2850-17. Dear Council Members: I hereby Certify that the above referenced ordinance of Initiated by the Area Plan Commission was legally advertised on December 7, 2017 and that the Area Plan Commission at its public hearing on December 19,2017 took the following action: Upon a motion by John McNamara, being seconded by Jordan Richardson and unanimously carried,a proposed ordinance initiated by the Area Plan Commission is sent to the Common Council with a FAVORABLE recommendation. Updating the ordinance to allow the Area Plan Commission to enforce the Zoning Ordinance is consistent with the duties and responsibilities of the Zoning Administrator. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S I C I N D I A N A.C 0 M 13 0 6 1 r r ,r P I Staff Report 12/5/2017 APC # 2850-17 Owner: Initiated by the Area Plan Commission Location: TEXT AMENDMENT Jurisdiction: City of South Bend Public Hearing Date: 12/19/2017 Requested Action: A proposed text amendment initiated by the Area Plan Commission to modify various sections of Chapter 21 to allow for the transfer of Zoning Administration from the Building Department to the Area Plan Commission and updating the procedures associated with Zone Map Amendments, Variances, Special Exception Uses, and Written Commitments. Staff Comments: The following changes to Chapter 21 are proposed: • Update Section 21-09.05 (e)Zoning Ordinance Amendment Procedures to reflect current procedures and processes; • Update Section 21-09.05 (f)to reflect transfer of responsibilities for ABZA from Building Commissioner to Zoning Administrator • Update Section 21-09.05 (g)to reflect transfer of responsibilities for ABZA from Building Commissioner to Zoning Administrator • Update Section 21-11.02 Definitions to define the Zoning Administrator as being designated to the Executive Director of the Area Plan Commission. • Update Section 21-12.04 to designate the Building Commissioner as the Floodplain Administrator Recommendation: Based on information available prior to the public hearing,the staff recommends this text amendment be sent to the Common Council with a favorable recommendation. Analysis: Updating the ordinance to allow the Area Plan Commission to enforce the Zoning Ordinance is consistent with the duties and responsibilities of the Zoning Administrator. APC# 2850-17 Page 1 of 1