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2010 Zoning & Annexation Annual Report
Date: December 7, 2010
To: The South Bend Common Council
The Office of the City Clerk
From: Council Member at Large Al "Buddy" Kirsits, Chairperson
Zoning and Annexation Committee
Introduction:
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Pursuant to § 2-10 (i) of the Sozrtlt Bend Municipal Code, which requires an annual report summarizing
committee activities by the 2°d Monday of December, I am pleased to file this 2010 Annual Report of the
Zoning and Annexation Committee. It highlights some of the activities of this calendar year, and makes
some recommendations for consideration to improve the overall operations which affect land use decisions
and enforcement of zoning regulations in the City of South Bend.
Committee Membership:
This year's Committee members included the same members which we had in 2009:
6`'' Council Member Oliver Davis, Vice-Chairperson
3`d District Council Member Tom LaFountain, Member
5"' District Council Member Dr. David Varner, Member
Council Member at Large Al "Buddy'' Kirsits, Chairperson
Unfortunately, we had no citizen member serving on the Committee this year.
Duties and Responsibilities:
As noted in the South Bend Municipal Code, the Zoning and Annexation Committee is charged with the
following duties:
"Oversees the activities related to the Board of Zoning Appeals, recommendations from
the Area Plan Commission and the Historic Preservation Commission, as well as all
related matters addressing annexation and zoning'.
Committee Meetings:
As of the date of this report, the Z & A Committee will have met fifteen (15) times. Rezoning requests,
special exceptions, fiscal plans and related annexations were again the bulk of the reviews conducted by the
committee members.
2010 Annual Report of the Zoning and Annexation Committee
December 7, 2010
Page 2
2010 Committee Activities:
Our committee again used the 4-page brochure entitled Zoning & Planning Procedures. This brochure is
available from the Office of the City Clerk, the Area Plan Commission Office, and the Historic Preservation
Office; and can be easily downloaded from the Common Council's website. The brochure briefly
summarizes procedures addressing:
• City Plan, a 25-year Comprehensive Plan for the City of South Bend
• Duties and responsibilities of the Council's Zoning and Annexation Committee
• Rezoning criteria
• Special exception criteria
• Written Fiscal Plans for Annexations (There were no annexations this year in light of the upcoming
federal census)
• Historic Landmarks and District criteria
The brochure references Chapter 21 of the South Bend Municipal Code, in addition to references to the
Indiana Code. I believe that the availability of this brochure has continued to provide a better understanding
of the various zoning procedures.
The Z & A Committee reviewed the Planned Unit Development (PUD) request for the development of the
Kroc Center. The Committee also received an update from Area Plan Executive Director John Byorni on the
proposed changes being considered for PUDs.
The Committee reviewed the proposed floodplain regulation changes which were eventually approved by the
Common Council in September.
This year the Council received several requests for special exceptions. The special exception for the
property located at 3700 South Gertrude brought out many persons from the public. The Zoning and
Annexation Committee had the opportunity to hold one of its meetings at that location so that the Committee
members, other members of the Council and the public could tour the facilities. In light of the many
concerns raised, the Z & A Committee recommended that the petitioner agree to several commitments,
which were included as an Exhibit to Bill No. 45-10.
We also began receiving voluntary annexation requests. The Committee took a firm position that all
proposed fiscal plans related to such annexations include the most recent actual budget data for the city,
especially with regard to projected costs to provide public safety services.
2011 Priorities:
As noted in my last three (3) Zoning and Annexation Annual Reports, concerns which involve zoning
continue to include:
• Over-occupancy of residential homes bynon-related individuals
• Illegal grandfathering of residential homes
2010 Annual Report of the Zoning and Annexation Committee
December 7, 2010
Page 3
I also would like the City Administration to provide this Committee with their plans, goals and objectives for
short and long-term annexations.
It has been a pleasure to serve as the Zoning and Annexation Chairperson this year, and I look forward to
serving in this capacity in 2011 if so appointed. Thank you.
Respectfully/s/u/b~mitted,
Council Member Al "Buddy" irsits, Chatrper
Zoning and Annexation Com ittee
cc: John Byorni, Area Plan Executive Director
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