10-22-18 Zoning and Annexation - Laserfiche WebLink

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OCITY OF SOUTH BEND OFFICE OF THE CLERK Committeemember Yokom stated, There was a comment about reverting back to the Light- Industrial. It was said there were assurances. Are there assurances that will happen? Ms. Smith replied, I will let the petitioner speak to that. There are lease agreements, however, it can't automatically revert back. State Law doesn't allow for that. Someone will have to petition for it, whether it be the City, the property owner, or the Area Plan Commission. Somebody will have to file a petition to have it come back to the Council. There is intention to go through that process but it can't automatically revert. Pam Meyer, Director of Neighborhood Development for the Department of Community • Investment with offices located on the 14th floor of the County-City Building, stated,The property owner and the City have signed a one(1)page agreement to indicate it is our intention and that we will process an application to rezone the property back in anticipation of the ending of the Winter Amnesty period. It gives us thirty(30)or sixty(60)days after April 1st,2019 to initiate that process. That is right now what the property owner wishes and what we have said we will do. Councilmember Teshka asked, So there is a written agreement? That was my only question because, again, the letter Mossberg references, and maybe that is a conversation we will have. Ms. Meyer replied, Yes and I spoke with them and they indicated we were discussing that at the time with the property owner. Committee Chair Davis requested copies of that written agreement. James Mueller, Executive Director of the Department of Community Investment with offices located on the 14th floor of the County-City Building, stated, There is a financial penalty if we don't revert it back to LI to the tune of$4,000 a month. So I encourage you, if we are not going to rezone it back to LI, not to zone it to Mixed-Use tonight. Committee Chair Davis stated, Timeout. Could you restate that? Dr. Mueller stated, So the agreement was to give assurances to the property owner that it would be rezoned to Light-Industrial. So the final say on the rezoning is the Council so we couldn't assure him that would happen. But we could assure him that we would owe him damages if we don't follow through. $4,000 a month until we either rezone it or he gets a tenant. Committee Chair Davis stated, So, question for you. Amnesty Day is over in April, so, the running clock starts June 1St then? Dr. Mueller replied, Correct. Committee Chair Davis continued, From that standpoint, which is cool. Dr. Mueller stated, The intention is to submit the application before Weather Amnesty ends and have it in the queue and then have it done by June 1st Committee Chair Davis stated, Wow, alright. EXCELLENCE ACCOUNTABILITY ' INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227W.Jefferson BvId South Bend.Indiana 46601 p574.235.9221 f574.235.9173 TTD574.235.5567 vwdw.southbendin.gov 7