HomeMy WebLinkAbout05-29-19 Zoning and Annexation SOUTH.8
?
W
PEACE
CC X
1865
OFFICE OF THE CITY CLERK
KAREEMAH FOWLER, CITY CLERK
ZONING &ANNEXATION MAY 29, 2019 5:00 P.M.
Committee Members Present: Dr. Oliver Davis, John Voorde, Jo M. Broden
Committee Members Absent: Gavin Ferlic
Other Council Present: Karen White (late), Tim Scott (late)
Other Council Absent: Regina Williams-Preston, Jake Teshka, Sharon L. McBride
Others Present: Graham Sparks, Bob Palmer, David Moses
Presenters: Tim Corcoran, Mike Divita, Angela Smith, Larry
Magliozzi
Agenda: Update: Zoning Ordinance
Committee Chair Dr. Oliver Davis called to order the Zoning and Annexation Committee meeting
at 5:03 p.m. He introduced members of the Committee and proceeded to give the floor to the
presenters.
Update: Zoning Ordinance
Tim Corcoran, Director of Planning of the Department of Community Investment with offices
located on the 14th floor of the County-City Building, stated, Thank you very much for doing this.
We always appreciate the extra time to keep you guys updated about where things are. So,we will
try to get through this(referencing a presentation which is available in the City Clerk's Office) for
everybody's sake, but I did feel it was very important for us to keep everyone on track. While we
do sometimes go over these things individually, it is also good to do it in a setting like this. This
way people can get shorter bursts of information. We would like to keep doing that. So, anyways,
what we want to talk about today is this next round of Zoning Ordinance fixes which includes what
we are calling SF-Three (3). That is a residential district. We also have some planned reform to
our Central Business District. Secondly,we will go over the schedule of both the Zoning Ordinance
reformatting and the Plan Commission updates. We've got some questions in the past and
hopefully you will get a little bit more information. That will keep us on track of what we're
looking into. Also, we are going to speak about both the internal and external engagement on the
Zoning reformatting. So, internal, that is right now. This is part of our engagement to our internal
folks, but we also have a list of external people we want to talk to and we are getting on some of
those meeting schedules for the Real Estate Associations and stuff like that. We also hope to
preview a little bit of the new zoning format.
INTEGRITY' SERVICE'ACCESSIBILITY
JENNIFER M.COFFMAN BIANCA L.Tmnoo JOSEPH R.MOLNAR
CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.9221 I f 574.235.9173 I www.southbendin.gov
®CITY OF SOUTH BEND ! OFFICE OF THE CLERK
Councilmember Karen White arrived at the meeting at 5:06 p.m.
Mike Divita, Principle Planner for the Department of Community Investment with offices located
on the 14th floor of the County-City Building, stated, Again, the next two (2) quick fixes include
the introduction of the SF-Three(3)District and the reform of our CBD District. We will look first
(1st) at the SF-Three(3) District. It's really a means to address the missing middle housing. I know
we've talked about it in some of our most recent planning initiatives. Missing middle housing are
some of those house-scale buildings that have multiple units and are in walkable neighborhoods.
We are talking about small multi-unit buildings that fit very well within Single-Family
neighborhoods. So, these are mixed in, commonly, in areas built particularly prior to 1940. You
may have seen this diagram(referencing a slide in the presentation)before. It is kind of a spectrum
of housing types from Single-Family detached homes on the left and getting more intense getting
up to mid-rise and then tower. In our current Zoning Ordinance, SF-One(1) and SF-Two (2)zones
are the Single-Family zones. They sync pretty well to the detached Single-Family homes. They
kind of address the duplex. Duplexes are allowed but they require a special exception to be in those
districts. Then, to the right of the line on this (referencing a slide in the presentation) are MF-One
(1), Multi-Family District. That consists of townhomes and as you get into some of the even more
intense types of housing. Our ordinance doesn't speak to anything really in between. We want to
make it easier for duplexes, triplexes, quads or bungalow cottages.
Councilmember Karen White asked, Will the setbacks be the same when you look at this type of
development?
Mr. Divita replied, They can, and I will cover that in our presentation. The idea is to blend well
into the neighborhood. Let's get a look at what that might look like.
Referencing slides in the presentation, Mr. Divita showed pictures of different houses. He stated,
It could be like this,a side-by-side duplex. An up-and-down stacked duplex.A triplex unit. A side-
by-side-by-side triplex unit. A stacked triplex unit. You'll see the little piece in the back and this
is something that has a lot of names. In a technical term,our current ordinance calls it an accessory
dwelling unit, or ADU. Some places call it an ancillary dwelling unit. In everyday terms, you'd
see it called a granny flat, a mother-in-law suite, a backyard cottage. Depending on the form, it
could be a carriage house or a garage apartment.
Mr. Corcoran interjected, In Australia, they called them Fonzie Flats because that's where Fonzie
lived.
Councilmember White stated, There has been a lot of interest in these tiny home concepts. Would
those pertain to this type of zoning?
Mr. Divita replied, Not to this one(1) directly. Some, it would depend on the arrangement. This is
also an example (referencing a slide in the presentation), not a perfect but a local example, of a
cottage court. That is on the south east side. You've probably picked up on it, but all the pictures
shown have been from out of South Bend. The fact you didn't know it existed suggests that it fits
well in the neighborhood. You could have a tiny house court in this arrangement.
EXCELLENCE ACCOUNTABILITY j INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574 235 9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov
2
CITY OF SOUTH BEND OFFICE OF THE CLERK
Councilmember White asked, Would that require special zoning? I think there are a couple of
developers talking about tiny houses. I know currently our zoning, what I was told, would not
allow for that and we have to make some changes.
Mr. Divita replied, You can have a tiny house, but you can only have one (1) tiny house per lot if
it's zoned Single-Family. You could have a grouping of them but that would require Multi-Family
District. I think some of the rub is when you want to start integrating them into a neighborhood,
then you are introducing Multi-Family zoning in the middle of a neighborhood where you may not
necessarily want it. I think that would be another rationale for the zone we are talking about. It is
something sort of intermediate and is the next beyond Single-Family housing but is something that
is highly compatible with it.
He continued, So,why are these changes important?We talked a bit on the housing choice bringing
these different kinds of styles that are otherwise illegal in the City. These types, they also tend to
be more affordable and a little bit smaller in square footage. Also, you tend to share property and
walls, so the housing cost is lower. These also provide an opportunity for wealth creation. You
may have a home already on your lot and you may choose to build an accessory dwelling in the
back. In neighborhoods with housing values going up, it's a way to preserve some affordable
housing within that neighborhood and that neighborhood character. It allows neighborhoods to
slowly evolve while we add in some of these different housing options and types. With that, it is
also a way to add in some more population in a gentle way. That helps support neighborhood-scale
business by having greater population density there. It finally helps support some of our
neighborhood plans.The NNN planning efforts are looking at some of these housing types as well.
Committeemember Jo M. Broden interjected, Couldn't sustainability be a point in there as well?
In terms of smaller footprint, less exterior walls, infill?
Mr. Divita replied, Yes, and they tend to be in very walkable environments as well. That even
plays into the affordability piece as there may be less dependence on the automobile,and that cost.
In summary, this district would allow for anywhere from having one (1) to four(4) housing units
on a lot with an accessory dwelling unit, by right, on that lot. I will note that it doesn't mean we
have to develop to that intensity. If you look at some of the older neighborhoods, especially that
ring downtown, my houses are Single-Family but, here and there, there would be a duplex or a
triplex. Neighborhoods work very well that way. I will note, too, the draft ordinance would have
that if they are converting,they would still require a special exception as you would now.We don't
want to give the incentive of taking a bunch of Single-Family homes and chop them up. It can be
done well but, unfortunately oftentimes it is kind of sloppy. The intent here is to take some of our
vacant land supply and do more purposeful duplexes and triplexes.
Committee Chair Dr. Davis asked,You say more vacant land,especially targeting the places where
the houses were knocked down and those kinds of things?
Mr. Divita replied, Certainly, yes, as that is an infill housing strategy.
He continued, In terms of the ordinance and what uses we allow other than those modest changes,
we want to allow a little bit more housing onto a lot. Otherwise, it would be a direct copy of what
uses are allowed in the SF-Two (2) District. The development standards in terms of setbacks, side
yards, etcetera would be much in keeping with what we see in the urban neighborhoods already in
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227W Jefferson Bvld South Bend,Indiana 46601 p 574 235 9221 f 574.2359173 TTD 574.235.5567 www.southbendin.goy
3
•CITY OF SOUTH BEND I OFFICE OF THE CLERK
the City. They kind of provide a transition between SF-Two (2) which are urban Single-Family
neighborhoods and MF-One (1) which is kind of an urban Multi-Family, more of a townhouse,
kind of development. I'll also note that this proposal year, we aren't making any math changes.
So, we would not be zoning any land to this new district, but it would be made available as
developers, projects or plans came forward.
Councilmember Tim Scott arrived at the meeting at 5:17 p.m.
Committeemember Broden asked, So, it's an option then on any parcel? And it would be a special
exception request if there is an existing structure on it. Otherwise, by right, you would hit the one
(1)to four(4) housing?
Mr. Divita replied, That is correct.
Committeemember Voorde stated, If you had a mini development, you could achieve all of that
with a PUD, couldn't you?
Angela Smith, Zoning Specialist for the Department of Community Investment with offices
located on the 14th floor of the County-City Building, stated, No, the adoption of the PUD
Ordinance you have now you would have to do this through variances. You can't do this through
a PUD. When we made that revision a few years back, we got rid of that option because we saw
people manipulating the PUD Ordinance that wasn't really what it was for.
Committeemember Voorde then asked,Wouldn't Eddy Street Commons have its own set of rules?
Mr. Corcoran replied, It is a PUD but today if Eddy Street Commons came to us, we wouldn't
recommend going down that path because there is a zoning district in which it could have fallen
into with some variances for height and maybe a couple of other things. Phase Two (2) is Mixed-
Use.The other thing to note is that there are developers that have been talking to us about this type
of housing for probably two(2)years now. They are getting closer to being able to actually deliver
this. So, we are trying to get ahead of that, so we can have this in place for that in the next couple
of months and possibly by the end of the year, someone comes to us and asks for this zone.
Committeemember Voorde followed up, Would Pat Matthews' place on Rosemary and Ironwood
fit into this?
Mr. Corcoran replied, I would have recommended an SF-Three(3)for that project. I think it would
have potentially elevated some of the neighborhood concerns about the MF-One (1) Zoning
District. But,that still allowed for there to be a gradation of intensity of development. So,the units
on Ironwood could have been more of that Multi-Family character, and internally could have been
more of the townhouse, small house or whatever. Then on the Rosemary side it could have been a
Single-Family house. I was trying to push him into doing something like that, but he couldn't
really do that in an SF-Two (2) District but that is a blanket.This allows for that. As Mike pointed
out, you can do a Single-Family house in an SF-Three (3) District. You can do all of those things
and allow for that gradation of development. That site would be a perfect example of how to do it.
Or, Frederickson Commons,they are doing it through variances. Again, a perfect place where this
could have been implemented.
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227W.Jefferson Bvld South Bend.Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov
4
410 CITY OF SOUTH BEND OFFICE OF THE CLERK
Mr. Divita stated, And the River Walk development, you saw, they had a part zoned SF-One (1),
some parts MF-One (1) and as plans changed they shifted where that was. You'll see coming to
you soon some duplexes. It is the old TRANSPO site. If this district was in place, it would be
appropriate for that and would give them the flexibility to see what the market is exactly.
Committeemember Broden stated, I don't remember if your points included that but the ability to
do that variation across each single lot, I think,is a huge plus. The market is already telling us that.
Mr. Corcoran stated, I think as a City, one (1) of the things we need to try to do better at is infill
development. We have a lot of land inside the City. We know growing the City is not necessarily
a good option because we are adding liabilities with roads, pipes and all that sort of stuff. That
costs money. Every twenty(20) years, we need to repave roads and I'm not saying we do but those
are liabilities and costs. That's extending Fire Service or Police Services. So, infill development
should be a priority for us and it actually builds a lot of wealth in the City.This type of development
does that. Furthermore, some of my experience overseas was that these types of things sold faster
than Single-Family because a lot of the housing and home dynamic. There is a market for this that
people had no idea existed. The first (1st) people that lined up were like the single mother with an
autistic child who was in his twenties and she wanted him to live a more independent lifestyle. It
was kind of amazing to see the types of people that gravitate to this type of housing.
Committee Chair Dr. Davis asked, Are other cities across Indiana doing this, too?
Mr. Corcoran replied, Indianapolis has done some of this, but I don't know exactly how they
delivered it.
Mr. Divita clarified,There has been some,like the accessory dwelling units. I've seen some places
that divide out the Single-Family as sharply as our existing ordinance does.
Mr. Corcoran stated, There are communities, Minneapolis is one (1), where they are eliminating
Single-Family zoning totally. Part of that is there is a developing housing affordability crisis in
Minneapolis,much like you hear about in, say, San Francisco and other places like that. What was
really interesting to me was it went beyond the housing affordability, it went back to the red lining
practices where Single-Family zoning was used as a way to prevent people from moving into
neighborhoods. By eliminating this,what it does allow for is that gradation of housing product that
allows for more affordable housing types to exist,potentially,in any neighborhood in South Bend,
depending on how we develop the plans and working with the neighborhoods.
Committeemember Broden stated, So, your diversity in terms of the developer, in terms of the
community outcome, right, this I think adds points I think are important to emphasize. When we
talk about affordability, in terms of rent, I think the other thing that stands out to me are the basic
development costs with hookups and all of that.
Mr. Divita replied, The interior lots will be much less expensive.
Councilmember Scott stated, Denver has done some of this too. You have a great mix because you
could have a Single-Family home but have other things within it. It does help with diversity and,
like you were saying, all the options on the table.
EXCELLENCE I ACCOUNTABILITY INNOVATION I INCLUSION I EMPOWERMENT
455 County-City Building 227W Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov
5
CITY OF SOUTH BEND I OFFICE OF THE CLERK
Mr. Corcoran stated, Right. Why sort of stop people from living the way they want to live? The
other point about accessory dwelling units (AUDs), other places like Portland, Minneapolis,
Atlanta and I think maybe Los Angeles, are allowing AUDs by right pretty much anywhere you
can build a house. So, it's also something, we won't talk about today but will be talking about in
the future. It is an idea we want to bring to you guys to talk about. It is not part of this conversation.
Committeemember Broden stated, It makes sense, though. You want to roll this out and get hits
on the infill, and then open up that opportunity.
Mr. Corcoran replied, It is potentially all going to happen within a similar timeframe, starting at
the new year when this new Zoning Ordinance takes effect. This will allow someone to do that
right away. To the other point you were making, hopefully what it also does is broaden, sort of,
the range of people who call themselves developers. The way I see it, anyone in this room could
be a developer. In fact, I would like to encourage everyone in this room to be a small-scale
developer. That is in some ways, and we'll get to it in a second, the genesis of where we started
this conversation. We will discuss that later, not tonight.
Committeemember Voorde stated, That sounds like a further complication for the Assessor.
Councilmember White asked,Are you aware of the work being done by 466Works? How does all
this fit in? I know they have plans to continue to build. I think they have a lot for nine (9) or ten
(10)more houses.
Mr. Corcoran replied, Yes. We ran a small-scale developer boot camp. The first (1st) one (1) was
in 2017. We've updated that this year and we made sure the Patton's and others from 466Works
were in attendance. What we were able to do, I think, was shift their thoughts on what they might
want to deliver over time. Their first (1st) product will be Single-Family homes but they are now
thinking more broadly. Especially when it comes to that wealth creation part, I think there are
people really interested in how this type of housing product can help build generational wealth for
people.
Councilmember White followed up, Do you recall that study on housing that was commissioned
by the Department of Community Investment? She came back and shared that. A lot of things I'm
seeing here are what some of the recommendations were.Not necessarily looking at Single-Family
but having different types of housing options. How does that fit into what you are recommending?
Mr. Corcoran replied, That report helped define the market demand and potential for the range of
housing types including the missing middle housing types. For instance, when we did the NNN
plan, we utilized that market analysis to help us determine what we thought was a reasonable
uptake in market in the NNN. So, we are in the process of getting all the graphics together to start
to write it but there is all that process that went behind it. This is now that step to help us deliver
that. So,we know what the potential is,but if somebody wanted to do it,it would be not necessarily
difficult because we are responsive, but we don't necessarily have the place in order for them to
do that. That is what this is going to help us to do.
Councilmember Scott stated, One (1) thing I watch on YouTube a lot is living big in tiny houses.
Have you seen that? It's pretty neat. Not only the architecture of the houses and all of that,but one
(1) piece of property in one (1) the cities in New Zealand was like $1 million just on property. A
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601',p 574.235.9221 1574.235.9173 1TD 574.235.5567 vww.f.southbendin;gov
6
*CITY OF SOU'T'H BEND OFFICE OF THE CLERK
lot of people are finding different ways of doing it. Part of their zoning,one(1)person parked their
tiny house on a neighbor's driveway and that was allowed. I'm not saying we should do that here,
but we need to put many different options on the table. Mike Keen is looking in different areas to
find different options. Look at our City. It is cookie cutter. Single-Family house after Single-
Family house. You go to one (1) neighborhood after the next and there aren't options for people.
Mr. Corcoran stated, That affordability piece, it is sort of the opposite side of that same
affordability coin.Yeah,Australia and New Zealand,the property values are extremely high as are
San Francisco and Minneapolis for that matter. There is an affordability problem in South Bend,
as well, it's just the different side of that coin. So, we are trying to answer that and that is to be
more flexible in how we look at housing.
Ms. Smith stated, One (1) of the other nice things about the SF-Three (3) district is I think it kind
of eliminates some of that fear you get from the neighborhood. If you want to do a triplex in a
neighborhood, right now they would have to rezone to MF-One (1). But, that could be anywhere
from three (3) units to one hundred (100) units. There is no cap unless you put one (1) on it. This
kind of gives people the built-in protection and they know it won't be more than four(4)units plus
an ADU. So, they know it won't suddenly be a high-rise apartment. It responds both to the
neighborhood character and also helps address the use fear that comes with what could be.
Councilmember Scott asked, So, we've asked before, but how much of this takes away all the
special exceptions that keep coming before us for zoning?That might be a hard number to quantify.
Mr. Corcoran replied,There is only one(1)main special exception. What we don't want to happen
is, for instance, we are doing a major rezoning that would cover existing homes. What that would
mean is, you could take a Single-Family home into two (2), three (3) or four(4) pieces. What we
are trying to say is we don't want conversions of homes. It is still possible, through the special
exception process, but that has to come before you guys if we are going to allow it or not. So, it
still gives us the control over existing homes. This is also pretty important for historic areas. We
don't want people cutting up historic homes.
Councilmember Scott stated, Yeah, I like that.
Mr. Divita stated, Moving onto the next piece, it will be a bit quicker. I'll pass this around, it is a
form with the CBD standards (which is available in the City Clerk's Office). I won't go through
this line by line, but I wanted to summarize the rationale and big-picture things about what we are
proposing here. We've done some of the fixes for some of the common things that people come
in, ask us for, and always get approved or other pieces that, in retrospect, didn't really make sense.
So,we are proposing some reforms to the CBD District and its standards. Overall,they are actually
very similar to the MU District reforms the Council passed last year. The changes fall within one
(1) of three (3) categories. One (1) is permitting more of the lot to be used. So, it's an efficiency
question and anywhere you should be using the land most intensely is probably in the CBD
District. There are pieces to clarify some existing ordinance provisions. The third (31-d) is adding
some basic design principles. The first(1st) set deal with setbacks and buffer yards. Then there are
clarification pieces on how plazas are used or not used and on outdoor operations, essentially
sidewalk cafes.The backside information deals with reworking the building material requirements
to make it a little bit more flexible but also asks for higher quality.
EXCELLENCE ! ACCOUNTABILITY INNOVATION I INCLUSION EMPOWERMENT
455 County-City Building 227W Jefferson Bvld South Bend.Indiana 46601 p 574.235.9221 f574.235.9173 TTD574.235.5567 www.southbendin.gov
7
CITY OF SOUTH BEND OFFICE OF THE CLERK
Committeemember Voorde asked, What is EIFS?
Mr. Divita replied, That stands for Exterior Insulated Finishing System.
He continued, So between now and when this comes back to Council, we are happy to go into
further detail if you want. I could answer questions now if you would like.
Councilmember Scott asked, So, when are these proposed changes coming to us?
Mr. Divita replied, They are going to the Area Plan Commission for their June meeting, they will
come back to you in your second(2nd) meeting of June.
Mr. Corcoran stated, We would need a sponsoring Council Member for both of these two (2).
Committee Chair Dr. Davis stated, Councilmember Voorde will be one (1) and Councilmember
Broden will be the other.
Larry Magliozzi, Director of the Department of Infrastructure, Planning & Growth with offices
located on the 11th floor of the County-City Building, stated, I would like to remind the Council
that the Area Plan Commission recommends the whole document. If you change something at
Council, it has to go back to the APC.
Councilmember White stated, So,we should give our feedback prior to the Area Plan Commission
meeting.
Ms. Smith stated, In case you missed the introduction yesterday, I have joined the Department of
Community Investment. My task, for the rest of the year, is to help with the transition for the
adoption of the new Zoning Ordinance, as well as the formation of the South Bend Plan
Commission Board of Zoning Appeals. So, what I want to touch on tonight is the timeline of what
this will look like (referencing a slide in the presentation). The reformatting of the Zoning
Ordinance, we are well underway. We've been working with a consultant and we hope to have a
final working draft by early to mid-June. That will allow us to start reaching out to developers,
getting interdepartmental reviews from Fire and Engineering, and start getting public engagement
where we can take a document out to the public. From what I've heard, the 2005 adoption was a
much larger overhaul of the Zoning Ordinance,there were a lot of Committee meetings,but I don't
know how much outreach there was to take this out to the public. We want to make sure this isn't
a surprise to anybody. We're not making major changes, but we are updating things and we want
people to feel they have the opportunity to comment and be included. We have an engagement
strategy I will talk a little bit about. That would allow us to get all the comments back to the
consultant by the end of July to make any tweaks to the draft that we need to do so we can introduce
it for the September Plan Commission meeting, hopefully, and get it in front of the Council in
October. Part of why we are going on that timeframe is even though we anticipate it not going into
effect until January Pt is we want to allow time for us to formulate the Plan Commission and do
training.We want to train the Building Department on what the new standards are so,come January
1St, we are ready to go, and we don't have a whole lot of problems with that transition. So, we are
trying to make sure we do everything we can to make sure the transition is as smooth as possible
with all the departmental agencies.
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f574.235.9173 TTD 574.235.5567 twwv.southbendin.gov
8
)CITYOFSOUTHBEND iOFFICE OFTHE CLERK
Committee Chair Dr. Davis interjected, You want that to come to the Council in October.
Ms. Smith replied, Ideally, yes.
Committee Chair Dr. Davis followed up, Is there any way it could come in September?
Ms. Smith replied, We can try. If we get it to the Plan Commission in September, we would be at
your second(2nd)meeting in September.
Committee Chair Dr. Davis stated, That coincides with the budget issues.
Councilmember White stated, We will hopefully be close to adopting the budget. Last year, if I
remember correctly, we did it in September. I'm going to be recommending some changes, so I'll
get that to the Council.
Ms. Smith replied, We also had to leave some flexibility in there if this turned into multiple
meetings in front of the Council. There are some advertising requirements we have to meet. After
it's passed, we have to re-advertise the fines and fees section, per the ordinance, before we can
take it back. So, there are some timing things we have to get right in there. In terms of the Plan
Commission and the Board of Zoning Appeals, we are currently working with the IT Department
to help develop our solutions in terms of how we will manage the databases and set up the website
and the applications that interface with the public. We are already working on that. I've already
started researching the various jurisdictions and their meeting times and dates. I have a complete
calendar of every meeting for the City of Elkhart, the City of Mishawaka and the County to look
at making sure we don't conflict with other agencies. We also want to pick a time and date that
works well for the public and make sure they can attend. Through this all, we are making sure we
get this right. This is our chance to form it and set it up in a way that works in the correct way for
the City. Then the technical stuff, the bylaws and adoption ordinance, the resolution to form the
Commission, and again, that is all on here (referencing a slide in the presentation). The hope is
that in November and December we can start training the members, adopt all the right processes
and procedures, and make sure they are ready come January 1st.
She continued, In terms of public engagement, we looked at a three (3)-fold approach. First (1st)
of all, we want to make sure we are continually communicating with you guys. I think ideally, we
would love to come on a regular meeting schedule and be part of your meeting agenda from now
and throughout the end of the year. If we don't need it, we'll cancel it, but we want to make sure
we are able to come and at least give you quick updates. We also want to introduce some of these
new concepts when we talk about things like the missing middle or ADUs, or if there is something
new we want to introduce maybe in the signage criteria, or something in the commercial district,
we can address those. Then once we start meeting with groups like the realtors and the home
builders' associations,then we can bring feedback to you guys about anything we hear from them,
questions, concerns and things we are changing. We will continue to keep you guys in the loop.
As I mentioned, the public engagement with the development community, reaching out to the
various neighborhood associations, we want to go there to show them a zoning map. It will show
the translation. We are also talking about the idea of having quadrant meetings throughout the City
where people can come and ask questions. That will help eliminate a lot of the concerns or
questions before it gets to the full public process because once it passes the Plan Commission,
changing it gets really complicated. So,we like to work out all of those things in as much advance
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.92211f 574.235.9173 I I U 574.235.5567 www.southbendin.gov
9
CITY OF SOUTH BEND OFFICE OF THE CLERK
as we can. One(1)of the keys to that is having some of our small-scale and regular developers test
different sections of the ordinance. We want them to try it out and have them tell us where they
are having trouble reading it. We know there may be text amendments six (6) months to a year
from now, but we want to try and do as much as we can ahead of time to eliminate a lot of the
process.
Committeemember Broden asked, Can you include Council on that public engagement as you
schedule those dates, so we can pop in?
Ms. Smith replied, Yes. Some of the meetings will be during our regular meetings. We can
certainly make you aware when we are meeting. As I get those shored up, I will follow up with
you.
Committeemember Broden stated, I think it's important to actually schedule those four (4) days
with the quadrants. I think that is good. And then setting the meeting dates for the new
Commission, I certainly think afternoon or evening meeting times would help save some of the
drama before it gets to Council.
Ms. Smith stated,The meeting time at 3:30 p.m. seems to work fairly well. So,we are still looking
for that late afternoon timeframe. That is with the fl�euglt.that someone can take off work, not
only the public, but our board members, they are not paid. If they have to take off work to attend
these, scheduling it toward the end of the day allows for that flexibility. So, we are looking at the
end of the day. In terms of the process, as we are going through and trying to get this right, it is
every part of the process. So, we are looking at the subdivision process and asking, how we can
streamline this and make it a little bit better? We are looking at the variance applications, special
exceptions and even the zonings. Now that this is all going to be internal and be reviewed by less
departments,we aren't worrying about how long it's going to take the Health Department to review
something, so we can make this a little bit faster. We've already looked at your filing deadlines
and they are essentially the first(1st)and third(3rd)Wednesdays every month. So,we want to make
sure we meet before that, so we can get the information to you guys. We are really being conscious
of that and make sure we are making this development process friendly and easy to use for the
public. We don't want these small-scale projects to not develop just because they are afraid of or
confused by the process.
Mr. Corcoran stated, We also want to work with anybody who comes to us with a project upfront
so that we can help vet them with the ordinance. That way when it does come to you, it has been
worked out. Or, they've chosen to not listen and do their own thing.
He continued, So, one (1) of our consultants took this picture (referencing a slide in the
presentation). You might recognize a few of these people. Sometimes I think that there are
moments in time that define where we are today. One(1)of those moments I feel like was this day
of the picture. We sat down with a consultant to talk about the barriers to development in South
Bend. We thought we knew them all, but they did find a few things that we didn't realize might
stop people from doing something in this process. So, we sat down and drew homes on lots and
we tested these ideas. How do we do this? What are the different housing types we are trying to
look at? How do we want to think about the way we present these ideas? Then when we talk about
the reformatting we are doing, we want to take lessons from exercises like this and incorporating
it in the zoning ordinance. I really like this photo when she sent it back to me. It really struck me
EXCELLENCE ACCOUNTABILITY I INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227 W.Jefferson Bvld South Bend.Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov
10
CITY OF SOUTH BEND I OFFICE OF THE CLERK
as a defining moment. There are others as well. I remember sitting around this table and we were
talking about zoning reform.
He went on, So, the new zoning ordinance format, Mike will get into a bit more detail but there is
a big picture philosophy we want to address in this format. We want to support urban outcomes
and best practices as best as we can. Why? Urban outcomes deliver far higher,per square acre and
per square foot, tax revenue to the City. It builds density and resiliency in the City. We want to
ensure we keep doing that. Maybe we've been blessed by the fact we can't just annex huge areas
of St.Joseph County. That has stopped us from making potentially bad urban decisions in the past.
We have to refocus on this infill. That really should be critical through the coming years. We also
want to regulate just the things that matter. This is about making it easy but also saying what our
urban values are. They are important to us and so we want to regulate around those, but when it
comes to things we shouldn't or don't want to regulate as much, we don't. One(1) of the defining
moments for me,my very first(1St)meeting with Larry and Angela,our weekly meeting,there was
a variance request for landscaping to an alleyway. I turned to them and asked why the hell would
you put landscaping in an alleyway? It made no sense to me. From that moment on, we wanted to
look at where those variance requests were coming from and get rid of dumb regulation.
He continued, In terms of usability, what is really interesting, as we've gone through this process
internally, national blogs and other media have been putting out content that seem identical to our
meeting content. It is amazing. One (1) of the things that Strong Towns put out was this idea of
usability. Your rules could be great but if you cannot understand them or use them, then they are
no good. That goes to even the development plans we talked about last night. If you can't
understand it, it's worthless. We wanted to make sure we had a lot more diagrams and tables, and
less text. We want more intuitive naming and a lot less cross-referencing. We want to be able to
give someone something and let them run with it and go with it.
Councilmember Scott asked, Are you seeing other cities in our area do the same thing?
Mr. Corcoran replied, We know other communities spend millions of dollars and years to do this,
and have it fail. We don't have millions of dollars or time for this to fail. I'm not going to spend
my life doing this and not have it work. So, we talked to a lot of consultants initially to see what
they had done in other places. In the meantime, Mike did a lot of investigation of codes being
implemented in other cities in the Untied States. Cincinnati was one(1), Buffalo, New York, was
one(1). No Elkhart or Mishawaka.
Councilmember Scott replied, That's fine. To me, it gives us a competitive edge because we
understand what's going on with that.
Ms. Smith stated,The Area Plan Commission has made an effort to do this with the towns. A town
is much easier to do this with.
Mr. Corcoran stated, Mike came into my office one (1) day and said, "Tim, we can do this." I
looked at him and said, "Mike, do you understand what you're saying?"What you're going to see
soon is, yeah, we can write this stuff, but I need like three (3) more Mike's to do it. We met a
woman named Jennifer Settle. She used to work for one (1) of the best urban design firms in the
country, Opticos. Her parents live in Edwardsburg. She has a 574 area code mobile phone number
and she lives in Chicago. She's got two(2)kids. She wants to focus on her family but doesn't want
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov
11
CITY OF SOUTH BEND I OFFICE OF THE CLERK
to get out of the thing she's passionate about. I had this light bulb moment to say,"Well,why don't
we hire her to do the things we can't do, and we'll do the things we can do." We are able to
accomplish taking the good elements of these different zoning ordinances around the country,
borrowing the things we know we like, but then making sure it is very much about South Bend.
So, if Mishawaka wanted our zoning ordinance, they can take it, but it wouldn't exactly help.
Mr. Divita stated, This should look familiar (referencing a slide in the presentation). This is what
our existing ordinance looks like. This is the proposed change. Each district would have an intent
image. There is a use table, so it is all clear to even find at a glance. Then we have some of the
cross references right now. Each district will end up being eight(8)to ten(10)pages and will give
you almost everything you need to know to develop.
Mr. Corcoran stated, I would like to ask that from now on, we are on a sort of standing basis on
the Z&A Committee so that if we need to come to you and talk to you about the things we discussed
today, we can just come here and brief you quickly. If we don't need it, we can cancel it. We just
want to make sure we keep coming to you to inform you of the progress. If you are open to that
idea, we would appreciate that.
Committee Chair Dr. Davis stated, I'm at peace. I'm good.
With no furt• - siness, Committee Chair Dr. Davis adjourned the Zoning and Annexation
Committee meetin;, at 6:04 p.m.
Re p:�" itte.
D .i i ►.avis, Committee Chair
•
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 I 10574.235.5567 www.southbendin.gov
12