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Home My WebLink About01-08-18 Zoning and Annexation ��SOUTad H � � d � PEACE ,e r^ a • 1865 OFFICE OF THE CITY CLERK KAREEMAH FOWLER,CITY CLERK ZONING&ANNEXATION JANUARY 8, 2018 4:30 P.M. Committee Members Present: Oliver Davis, John Voorde, Gavin Ferlic, Jo M. Broden Committee Members Absent: None Other Council Present: Regina Williams-Preston, Karen White, Tim Scott Other Council Absent: Dr. David Varner, Randy Kelly Others Present: Kareemah Fowler, Graham Sparks, Bob Palmer Presenters: Larry Magliozzi, Chuck Bulot, Michael Divita, Stephen Studer Agenda: Bill No. 85-17- Transfer of Zoning Administration and Updating Procedures Bill No. 86-17- Zoning Enforcement Bill No. 17-75- Special Exception 806 Howard St. Zoning Ordinance Update Briefing- Mike Divita Committee Chair Oliver Davis called to order the Zoning and Annexation Committee meeting at 4:30 p.m. He introduced members of the Committee and proceeded to give the floor to the presenters. Bill No 85-17- Transfer of Zoning Administration and Updating Procedures Larry Magliozzi, Executive Director of the Area Plan Commission with offices on the 1 I floor of the County-City Building, stated,This one (1) and the next one (1) are some of the administrative changes we have to do to the Zoning Ordinance to facilitate the transfer of the Zoning Administration of the Building Department to the Area Plan Commission. It updates procedures for the zoning petitions and redefines the Zoning Administrator as myself, as opposed to the Building Commissioner. It does maintain the Building Commissioner as the Floodplain Administrator. Committee Chair Davis opened the floor to questions from Committee and Councilmembers. 455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601 Phone 574-235-9221 •Fax 574-235-9173•TDD 574-235-5567•www.SouthBend[N.gov JENNIFER M.COFFMAN BIANCA L.TIRADO JOSEPH R.MOLNAR CHIEF DEPUTY/DIRECTOR OF DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK OPERATIONS Committeemember Jo M. Broden asked, Are there any staffing changes or funding challenges related to this? Mr. Magliozzi replied, The County Council has funded our Department to help us hire a part- time employee for the administrative position. That position will primarily handle the administrative work for the Board of Zoning Appeals such as the intake of petitions and the process of the minutes and agendas. We also hope to use this position to handle some of the zoning violation work. That remains to be seen. Committeemember Broden followed up, How will these changes be made known to the public and petitioners? Also, what are the typical issues with the Floodplain Administrator? Mr. Magliozzi replied, We sent a letter to the Councils with the announcement of the transition. We notified much of the private sector as well. The Building Department website also has the announcement. Chuck Bulot, Building Commissioner of the Building Department with offices at 125 S. Lafayette Boulevard, replied, As Building Commissioner I am also the Floodplain Administrator. It handles all the floodplain issues in and around St. Joseph County. This includes river situations and flash floods. I have been doing it for years and I am a CFA which stands for being a Certified Floodplain Administrator. It is not a requirement for the position but I took it upon myself to become certified in that. Committeemember Broden followed up, How many cases do you typically see regarding that? Mr. Bulot repied,Now, there aren't that many. Several years ago there were many. Currently there are a couple issues per month but they are minor issues that get resolved quickly and efficiently. Committeemember John Voorde asked, If someone has a problem with drainage ditch maintenance,who do they call? Mr. Magliozzi replied, Generally, the first call would be the County Surveyor. Committee Chair Davis then opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. There were none. He then turned the floor back to the Committee for further comment or main motion. Committeemember Gavin Ferlic made a motion to send Bill No. 85-17 to the full Council with a favorable recommendation. Committeemember Broden seconded this motion which carried unanimously by a voice vote of four(4) ayes. Bill No. 86-17-Zoning Enforcement Mr. Magliozzi stated, This is another text amendment dealing with the transition. It adds the Area Plan Commission as an enforcement agent within the City of South Bend to handle zone 2 enforcement issues and the responsibilities associated with that. Code Enforcement still retains joint enforcement provisions. It went to the Area Plan Commission back in December 2017 and is sent to you with a favorable recommendation. Committeemember Broden asked, How will the different responsibilities be communicated so there is no overlap? Mr. Magliozzi replied, The Building Commissioner won't make runs on zoning violations that are in the ordinance. We will now be the first stop on zoning ordinance violations and if there are any overlaps,we will communicate through that. We have been talking a lot through this whole process. Committeemember Broden followed up, Does this in any way give a one (1)-stop call for the public? If I want to report something,where is my call going? Mr. Magliozzi replied, Members of the public will want to call the Area Plan Commission and we will direct the call to the right agency whether it be Building or the Area Plan Commission. Committeemember Gavin Ferlic made a motion to send Bill No. 86-17 to the full Council with a favorable recommendation. Committeemember Voorde seconded this motion which carried unanimously by a voice vote of four(4) ayes. Committeemember Ferlic then made a motion to move agenda item four(4)before agenda item three (3). Committeemember Broden seconded this motion which carried unanimously by a voice vote of four (4) ayes. Zoning Ordinance Update Briefing- Mike Divita Michael Divita, Planner with the Department of Community Investment with offices on the 14th floor of the County-City Building, stated, We all may recall from last year,between the Building Department, the Area Plan Commission and the Department of Community Investment, we talked about doing six (6) zoning quick-fix text amendments. The first three (3)were passed by you all last ye ar. The fourth one (1)was on procedural amendments. The fifth one(1)will be the Mixed-Use reform that we have talked about here. The sixth and final quick-fix regards the controlled-uses. Mr. Divita provided a handout(which is available in the City Clerk's Office). He continued, Controlled-uses are land uses that can potentially have bad impacts. These can be permitted two (2) ways. One (1)way is through a special exception. Many of these uses get the zoning approved. We will come back to you with more specific changes. Committeemember Broden asked, What percent of Council has been briefed on the Mixed-Use in its entirety? Mr. Divita replied, That opportunity was extended to all Councilmembers but you were the only one (1)to request the more thorough vetting. 3 Committeemember Ferlic made a motion to recess and reconvene in the full Council Chambers. Committeemember Voorde seconded this motion which carried unanimously by a voice vote of four(4) ayes. The Committee recessed at 4:47 p.m. and was reconvened at 4:52 p.m. Bill No. 17-75- Special Exception 806 Howard St. Stephen Studer, Krieg Devault with offices located at 4101 Edison Lakes Parkway, Mishawaka, stated, On behalf of the petitioner, we ask at this time to table this particular project to give more time for discussion with neighbors and surrounding stakeholders. Committeemember Ferlic made a motion to table Bill No. 17-75 indefinitely,per the request of the petitioner. Committeemember Broden seconded this motion which carried unanimously by a voice vote of four(4) ayes. With no further business, Committee Chair Davis adjourned the Zoning and Annexation Committee meeting at 4:55 p.m. Respect mitted, liv av's, ommittee Chair 4