HomeMy WebLinkAbout4769-19 Approval of the City Adminstration's Effort to Establish a South Bend Plan Commission and Board of Zoning Appeals RE U1.7WTJON
Passed by the Common Council of the City of South Bend, Indiana
March 11 , 2019
Attest' 1 4 City Clerk
Karee ahNFowler
Attest' President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
March 11 , 20 19
City Clerk
Kare6-74/44t2--,-i----17.
ah N. Fowler
Approved and signed by me `• ` G1 'CA 20 19.,AllitWO/
/ Mayor
2ND SUBSTITUTE BILL NO. 19-15
RESOLUTION NO. 4769-19
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING THE HIRING OF STAFF TO
INVESTIGATE THE DEVELOPMENT OF 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
- Common Variance Requests regarding setbacks, outdoor seating, and
landscaping
- Common Engineering Variance Request regarding drive and alley widths and
drive-through stacking
- Mixed Use District Standards
- Off-Street Parking Regulations
- Subdivision Ordinance Standards; 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 City
Administration 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("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 development and
implementation of an updated Zoning Ordinance, the seamless transition from the current Area
Plan Commission and the Area Board of Zoning Appeals to a new South Bend Plan Commission
and South Bend Board of Zoning Appeals, and the administration of the Zoning Ordinance;
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, and enable vibrant mixed-income neighborhoods and to investigate
ways to streamline the development process through the closer coordination of City departments.
SECTION II. The Department shall with the Council's Chair of the Zoning and Annexation
Committee or that Committee's appointees 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 public meetings of the South Bend
Plan Commission and Board of Zoning Appeals and an accompanying communication plan 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 members of the South Bend Plan Commission are properly trained annually in their duties as
well as 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 Department may 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 Plan Commission and Board of Zoning Appeals as well as develop a strategy for
enhanced Zoning Enforcement.
SECTION VI. The Department shall prepare an ordinance to update the administrative
functions under Chapter 2, Article IV, and Subsection 2-13 of the South Bend Municipal Code.
N
Tim Scott, Council President
South Bend Common Council