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HomeMy WebLinkAboutAmending Zoning Ordinance Section "17-A" Regulating the use of Lands, Buildings, and OccupanciesORDINANCE NO. 4579 - - -63 Passed by the Common Council of the City of South Bend, 1963 Presented by me to the Mayor of the City of South Bend, MAY 28, — 63 Clerk of Common Council Approved and signed by me MAY 28, X963 IDEAL NEW PRESS Clerk FILED 511 CIERK'S 0,R',;C'L APR 5 1963 ORDINANCE FREIDA G. NOBLE AN ORDINANCE AMENDING ORDINANCE NO. 3702, CITY CLERK -SOUTH BEND, IND. COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA AS AMENDED BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1: That Section "17 -A" of Ordinance No. 3702, (as amended) commonly known as the Zoning Ordinance of the City of South Bend, Indiana be amended so that same shall be and read as follows: SECTION "17 -A" The provisions in this ordinance regulating the use of lands, buildings, and occupancies shall not apply to lands, buildings and occupancies which are publicly owned and involve public health, welfare or safety or to parochial schools. However the provisions of this section shall not apply to public housing. Section 2• This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor, and legal publication. 1st d 2nd READ! is * /(3 COMMITTEE OF THE WHOLE -q l /,4 PUBLIC HEARING 5113 /b 2/63 Srd READING '� a7 NOT Ai °PROVED REFERRED PASSED S/), 7 / 6 A Member of the mm ouncil of the City of South Ben V, Indiana CITY OF SOUTH BEND SOUTH BEND, INDIANA FR K J. BRUGGNER MAYOR June 3, 1963 Common Council City of South Bend Gentlemen: On Monday, May 27th, 19639 the Common Council passed an amendment to Section 17 -A of the Zoning Ordinance of the City of South Bend which amendment has been submitted to me for signature. I have given this amendment careful study and have also discussed it with the heads of the departments which will be affected by the change. I have decided that the best interests of the City require that this amendment be vetoed, and, accordingly, I am vetoing this ordinance for the reasons which I am outlining in this communication to you. As you know, during my term of office I have never vetoed a single measure of the Council, and I would not now do so except for the serious consequences which I believe the present amendment will bring about. While this may be an assumption on my part, I believe that not all of the members of the Common Council were fully aware of the consequences of the amendment at time of passage. Heretofore Section 17 -A of the Zoning Ordinance has provided that "The provisions in this ordinance regulating the use of lands, buildings, and occupancies shall not apply to lands, buildings and occupancies which are publicly owned and involve public health, welfare or safety or to parochial schools." The new proposed amendment to Section 17 -A of the Zoning Ordinance passed by the Council on May 27, 1963, retains the foregoing text, but adds the following provision: "However, the provisions of this section shall not apply to public housing." The Council is familiar with the fact that it took almost two years to agree upon sites for public housing in the City of South Bend. The selection of Common Council, June 3, 1963 page 2• sites has already been established by the Council by official action and recognition. The determination of sites was also a necessary prerequisite to receiving funds from the Housing and Home Finance Agency for the clearance of the Chapin Street area. In other words, the two projects are tied hand -in- hand. In furtherance of these objectives the City has advanced considerable funds so that neither of these two projects would be delayed. I am of the opinion that the enactment of the foregoing amendment to Section 17 -A of the Zoning Ordinance will cause further delay in completing our public housing project and the clearance of the Chapin Street Project, if it does not altogether destroy the possibility of our proceeding with both projects. If the amendment to Section 17 -A of the Zoning Ordinance is allowed to become law, the City will be required to notify the Public Housing Administration that certain of the land sites selected will have to be rezoned before building thereon can be undertaken. Such rezoning is very likely to be a long process and will require the Council to re -do what it has already ordered done at a prior time. I see no reason why we should be faced with this delay. I do not believe that it is to the best interest of the City of South Bend. I am therefore taking the effective veto steps authorized by Section 48 -1406 Burns Indiana Statutes Annotated and hereby veto the amendment to Section 17 -A of the Zoning Ordinance, Ordinance No. 3702 of the City of South Bend for the following specific reasons: 1. The Common Council of the City of South Bend has previously approved sites for the location of future public housing. The new amended ordinance would prohibit the erection of new public housing without first rezoning a part of the land in question. 2. The requirement to rezone certain of the lands contemplated for use for public housing would delay, if not make impossible, our public housing building program. 3. Since our Chapin Street Redevelopment Program is closely tied with federal housing, the amendment would delay, if not make impossible, the entire Chapin Street Clearance Program. 4. Failure or delay in securing the proper rezoning of certain Common Council June 3, 1963 page 3 land in question, were the foregoing amendment allowed to become law, would result in a possible termination of the projects by the agencies of the United States Government. The resulting consequences would be a great financial loss to the City. The South Bend Housing Authority has already expended in engineering and staff time and efforts a sum amounting from $80,000 to $90,000 for this project. Should the City, by reason of change in zoning requirements, be prohibited from proceeding, we could well subject ourselves to a demand by the United States Government for the repayment of these funds. 5. Ultimate failure to provide proper zoning for Public Housing lands will also affect the Chapin Street Redevelopment Project. Our Department of Redevelopment has spent two years in develop- ing this project. $10,000 has been paid for appraising the lands in question and while the additional costs cannot be exactly calculated, they are already in excess of $20,000. Failure to proceed with the Chapin Street Project would result in the waste of these funds and the time and energy involved by the staff. Further, the owners of the real estate in the Chapin Street Area would be subjected to a great loss due to their inability to rent or sell property in the area, and the City would be compelled to retain its last major blighted area. 6. The proposed amendment excluding public housing from the provisions of Section 17 -A is not in the best interests of the City of South Bend at this time. Very truly yours, F ruggner Mayor FJB:ES