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Home My WebLink About2012 Annual Report - Zoning & Annexation Committee i 2012 Annual Report of the Zoning and Annexation Committee A'1 �� ' South Bend Common Council Date: November 28, 2012 To: The South Bend Common Council The Office of the City Clerk From: Council Member Oliver J. Davis, Chairperson Zoning and Annexation Committee Introduction: I am filing this report on behalf of the Zoning & Annexation Committee, pursuant to § 2-10 (i) of the South Bend Municipal Code. It highlights some of the Committee's activities involving zoning and special exception requests affecting the land use decisions in the City of South Bend.. Committee Membership: This year's Zoning and Annexation Committee members included: 6th District Council Member Oliver Davis, Chairperson Dr. Fred Ferlic, Member 5th District Council Member Dr. David Varner, Vice-Chair Council Member Gavin Ferlic, Member Unfortunately, there were no citizen members serving on the Committee this year. Duties and Responsibilities: As noted in the South Bend Municipal Code, the Zoning and Annexation Committee is charge 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: Like last year, the Zoning and Annexation Committee, was one of the most active of the Council's eleven (11) Standing Committees. As of the date of this report, the Committee has met twenty-three (23) times with another committee meeting scheduled for Monday, December 10, 2012. The majority of the Committee meetings focused on proposed rezoning requests and requests for special exceptions. The Committee also reviewed proposed Fiscal Plans related to proposed annexations; as well as historic landmark requests. 2012 Zoning and Annexation Committee Annual Report Page 2 Serious concerns were addressed in a joint meeting held in conjunction with the Dr. Fred Ferlic's Health and Public Safety Committee on the property located at 5024 Western. The health and safety of the migrant workers and their family were addressed with short-term solutions being implemented. The need for pro- active long-term solutions in this area with the collaboration of the Council, City Administration and other stakeholders such as the Institute for Latino Studies and Social Concerns, the Farm Bureau, the Purdue Extension and other concerned citizens were recommended to be developed. Fair and sound solutions in this area should be a priority in the new year. Other Significant Highlights: • Win-Win Solution Reached on Walmart's Compliance With Zoning Special Exception In October, concerns were brought to the Council's attention by residents related to the Wal-Mart located at 700 West Ireland. The Common Council had approved a special exception for this location on June 13, 2011, which included a "Plan of Operation" addressing the selling of firearms. Compliance required among other things that all guns and ammunition be stored in locked display cases, other than shotgun shells; that there be motion sensing video surveillance system monitors; and compliance with additional public safety items. A joint conference call between myself, our Council Attorney, the attorney for Wal-Mart who represented them at the June 13, 2011 hearing, Wal-Mart's Senior Manager and ATF Compliance Senior Director resulted in an amicable resolution. As a result of these discussions, all concerns were addressed in a very timely manner. The prompt resolution of the public safety concerns and seeking immediate compliance with the "Plan of Operation" showed that good communication and leadership resulted in positive results. • Combining Zoning Requests with Special Exception Requests Working with the Area Plan Staff, and as now authorized by Indiana state law, owners of property who are requesting both a zoning change and a special exception may petition for such requests in one (1) proposed ordinance. A "Petition for Combined Hearing" must be properly filed by the petitioner with legal notice to all property owners within three hundred feet(300') of the subject property. There have been limited filings of this kind to date, but overall the process has gone fairly smoothly. The major concern involves the deadlines established by state law — with the Special Exceptions required to be acted upon within a sixty (60) day period and the rezoning required to be acted upon with a ninety (90) day period from the date of receiving certification of action by the Area Plan Commission. • New Items for Committee Consideration Mr. John W. Byorni, Executive Director of Area Plan will be discussing with the Zoning and Annexation Committee two (2) items of interest. The first involves a lawsuit recently lost by the City involving the requirement that a security bond to be posted for a cell tower. As a result of that decision, proposed amendatory language to the zoning code will need to be discussed. The second item will address the time frame requirements for the development of a Planned Unit Development (PUD). Zoning Procedures Brochure: This year the Committee did not utilize a brochure addressing various zoning procedures. The brochure had been an effective tool, especially for the public in the past, so that there was an awareness of the each of the 2012 Zoning and Annexation Committee Annual Report Page 3 standards of review utilized by the Council. In light of the Area Plan Commission providing an advisory recommendation, as well as the Zoning and Annexation Committee also providing an advisory recommendation to the full Council, I would recommend that the brochure be re-instituted in 2013. Past brochures included brief summaries the governing regulations from the South Bend Municipal Code and the Indiana Code; and the standards used to review proposed: --> Annexations —> Written Fiscal Plans Special Exceptions Rezonings -* Historic Landmarks and Districts Such a brochure would also assist Council Members when providing comments in favor or in opposition to specific requests based on the required criteria needed for approval. Additional Items Needing Discussion: Last year, Council Member Al "Buddy' Kirsts who chaired and Zoning and Annexation Committee, recommended discussions which may improve local procedures. The first topic he highlighted addressed "Annexations" where he noted that they "... should be addressed to improve our local annexation procedures. I would recommend consideration of the following: 1. That in January of each year, the Zoning and Annexation Committee be presented with the City Administration's goals and objectives for the upcoming calendar year with regard to proposed annexations. 2. That at the Z & A Committee meeting addressed in # 1 above, that a map of the City of South Bend depicting all of the annexations approved for the prior year be clearly indicated and shared with the Committee for review and discussion. 3. That when a "Fiscal Plan" is proposed with an accompanying Resolution for Council adoption, that the projected costs for police and fire services [including the formula used in calculated the anticipated costs] be clearly addressed. This has been an ongoing point of concern of both Council President Dieter and myself that too often the projected costs do not realistically address the actual costs of such public safety services." The 2nd topic he highlighted were to improve the reporting mechanism suggesting that an annual written report from the Building Commissioner and/or update from Area Plan Staff noting: • "A summary of compliance and enforcement efforts for the prior year as they relate to South Bend • Any proposed changes which may be contemplated to help improve the city's zoning regulations" Both of these topics raise good points, and it would be good to have discussion on them next year. 2012 Zoning and Annexation Committee Annual Report Page 4 It has been a busy and a very productive year for the Zoning and Annexation in overseeing land use decisions for the City of South Bend. A special thanks to Dr. Dave, Doc Ferlic and Gavin for your time and dedication on this committee. It is a pleasure to serve as the Committee Chairperson. Re s ect lly su• .., 46ra Oliver J. Davis, Chairperson Zoning and Annexation Committee South Bend Common Council Flied ";;;77,— ice_ cc: John Byorni, Area Plan Executive Director Chuck Bulot, Building Commissioner L:JrltI Q tQ- 40 72 BEND,IN