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Home My WebLink About19-15 Approval of the City Administration's Effort to Establish a South Bend Plan Commission and Board of Zoning Appeals H op"1;13-T-1-1/3 3Ta% Filed in Clerk's Office w FEB 06 2019 ::, PEACE 4101V KAREEMAH FOWLER 186 " CITY CLERK,SOUTH BEND,IN CITY OF SOUTH BEND COVVU \ ITY I \VESTS E\T February 6, 2019 Tim Scott, President South Bend Common Council 4th Floor, County-City Building RE: A Resolution of the Common Council of the City of South Bend, Indiana, Approving a Plan for the City Administration to Create a South Bend Plan Commission and Board of Zoning Appeals Separate and Distinct from that of the County and to Draft an Ordinance in Conformity with that Plan Dear President Scott: I am attaching for filing the above resolution, which provides the Common Council's approval of the City Administration's efforts to establish a South Bend Plan Commission and Board of Zoning Appeals. Passage of this resolution will enable continued progress toward creation of those bodies, further reform of the City's zoning ordinance standards, and the hiring of necessary staff to ensure a smooth transition of planning functions. I request that the attached resolution be placed on the agenda of the February 11, 2019, Common Council meeting. I will be attending the meeting, as well as the Zoning& Annexation Committee hearing, as the presenter. If you have any questions, please feel free to contact me at 235-7692. Thank you for your consideration of this matter. Sincerely, ---:Th--------.. C__-------- Tim Corcoran Director, Planning& Community Resources EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W.Jefferson Bvld. South Bend,Indiana 46601 p 574.235.9371 www.southbendin.gov Filed in Clerk's Office BILL NO. 19-15 FEB 06 2019 RESOLUTION NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PLAN FOR THE CITY ADMINISTRATION TO CREATE A SOUTH BEND PLAN COMMISSION AND BOARD OF ZONING APPEALS SEPARATE AND DISTINCT FROM THAT OF THE COUNTY AND TO DRAFT AN ORDINANCE IN CONFORMITY WITH THAT PLAN WHEREAS, The City of South Bend recognizes and appreciates the dedicated service of the St. Joseph County Area Plan Commission and the Board of Zoning Appeals and their staff for the many years that they have reviewed plans and acted on behalf of the City in land use matters; and WHEREAS, The Department of Community Investment("Department") and Common Council have worked in close partnership since mid-2017 to undertake practical zoning reforms through the passage of a series of zoning quick fixes, namely: - Pyramiding Uses (Ord. 10559-17) - Common Variance Requests regarding setbacks, outdoor seating, and landscaping(Ord. 10557-17) - Common Engineering Variance Request regarding drive and alley widths and drive-through stacking(Ord. 10558-17) - Mixed Use District Standards (Ord. 10574-18) - Off-Street Parking Regulations (Ord. 10598-18) - Subdivision Ordinance Standards (Ord. 10609-18); and WHEREAS, the City's existing Zoning Ordinance, adopted in 2004, needs additional reforms to align it with best practices to guide future development in the City, and the Department intends to begin efforts toward this goal in earnest by the end of 2018 with Common Council input and participation as an essential part of this update process; and WHEREAS, while realizing administrative efficiencies through partnerships with the County is preferred whenever possible, establishing a South Bend Plan Commission and Board of Zoning Appeals is in the best interest of the City and its residents; and WHEREAS, the Department currently anticipates the establishment of the South Bend Plan Commission in the second half of 2019, upon the completion and adoption of all Zoning Ordinance reform efforts to allow for a smooth transition; and WHEREAS, Indiana law (Ind.Code § 36-7-4)prescribes local planning and zoning, and accordingly, serves to define the powers, structure and membership of the South Bend Plan Commission and the Board of Zoning Appeals along the following lines: Plan Commission: Nine (9) members - One(1) member appointed by the Common Council from its membership - One(1) member appointed by the Board of Park Commissioners - One(1) member or designated representative appointed by the Board of Public Works - The City Engineer or a qualified assistant appointed by the City Engineer - Five(5) citizen members, of whom no more than three(3)may be of the same political party, appointed by the Mayor Board of Zoning Appeals: 5 members - Three(3) citizen members appointed by the Mayor, of whom one(1)must be a member of the plan commission and two (2)must not be members of the plan commission - One(1) citizen member appointed by the Common Council, who must not be a member of the plan commission - One (1) member appointed by the Plan Commission from the Plan Commission's membership, who must be a county agricultural agent or a citizen member of the Plan Commission other than the member appointed above; and WHEREAS, adequate staffing will be critical to ensure the successful implementation of an updated Zoning Ordinance, the seamless transition from the current Area Plan Commission and the administration of the Zoning Ordinance to promote vibrant neighborhoods; however,the budget for fiscal year 2019, passed unanimously by the Common Council on October 8, 2018, included adequate staffing resources, but the Department committed to not fill the Zoning Administrator and Zoning Specialist positions until adoption of this Resolution by the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. The Department shall continue to work in close partnership with the South Bend Common Council to amend the existing Zoning Ordinance to promote further investment in South Bend's community, reduce unnecessary bureaucracy, and enable vibrant mixed-income neighborhoods. SECTION II. The Department shall with the Council's Chair of the Zoning and Annexation Committee establish a process and updated schedule as Zoning Ordinance reform efforts commence to enhance usability from the perspectives of property owners, developers, residents, and administrators. SECTION III. After consultation with the Area Plan Commission staff and the Common Council, the Department shall finalize and share implementation details, including the timeline for the transition and suitable dates and times for scheduled meetings, to make the transition as smooth and user friendly as possible. SECTION IV. The Department and Common Council shall work together to ensure that the South Bend Plan Commission is properly staffed to implement and administer the South Bend Zoning Ordinance, including knowledgeable legal counsel with experience in zoning and land use law. SECTION V. The Council acknowledges that the Department will fill the Zoning Administrator and Zoning Specialist positions to assist with updates to the Zoning Ordinance and ensure a smooth transition to the South Bend Planning Commission and Board of Zoning Appeals. SECTION VI. The Department shall prepare an ordinance to update the administrative functions under Chapter 2, Article IV, Subsection 2-13 of the South Bend Municipal Code. Tim Scott, Council President South Bend Common Council