HomeMy WebLinkAboutSubstitute Bill 19-15 Approval of the City Administration's Effort to Establish a South Bend Plan Commission and Board of Zoning Appeals H
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FEB 06 2019
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KAREEMAH FOWLER
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" 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
SUBSTITIUTE BILL NO. 19-15
RESOLUTION NO.
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 and Vice 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 and Board of Zoning Appeals 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