10-08-18 Zoning and Annexation - Laserfiche WebLink

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_CITY OF SOUTH BEND OFFICE OF THE CLERK home was put into a neighborhood and the neighbors did not have a say so in it, and boy did my phone ring on that. Ok?And so, those are the kinds of things we have to consider. Mr. Palmer clarified, If I understand your question, Vice President Davis, the issue that you want explained is if you can pass the annexation ordinance without passing the rezoning. Committee Chair Davis replied, Yes, sir. Mr. Palmer followed up, I would need to research that issue. I believe you can because it is two different decisions you have to make. If you pass the annexation ordinance at the next Council meeting which would be the earliest you could, it comes in as Single-Family Residential, then anything after that would have to come before the Council for rezoning. Committee Chair Davis stated, There was a question that was raised, in all fairness of the whole discussion,would that be a problem from them tax-wise?Would that cause a problem versus what he would get now? Mr. Palmer replied, I don't believe so. Committeemember John Voorde stated,No. It is assessed as use, not what the zoning is. So if it is used as agriculture, that is what the assessor would look at. Committeemember Ferlic stated,The other point of that is I think we are asking if it can be adopted un-zoned which would put it in Single-Family, but I don't know if agricultural uses are ok. Or, could they amend that to Light Industrial or General Business? Is there the possibility for that amendment?I want to make sure that it is a zoning that certainly allows for agriculture to continue. I wouldn't want to prevent that. Committee Chair Davis interjected, That is what I'm asking. Mr. Palmer stated, Again, I would want to research that but my inclination would be that they would have to go back to the APC to get the approval for whatever zone they want other than what they've proposed here today. Committeemember Ferlic asked, Isn't that just an advisory recommendation? Mr. Palmer replied, The recommendation itself is statutorily required. Committeemember Ferlic asked the Area Plan staff to confirm. Mr. Wyatt stated,The use itself,whether it's allowed or not would be a legal non-conforming use. They wouldn't have to stop farming their land. So the use would be continued on but as far as separating the annexation and the rezoning piece, that is a legal thing and I am not sure if we can do that. That is what I'm understanding that you are wanting to do. Committee Chair Davis interjected, And I don't know, and I think it was suggested to me when you first (1st) raised that issue to me and I was thinking about that. To me, a part of our goal is to have peace in our community and at the same time, with that peace, move forward in terms of EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W Jefferson BvId I South Bend,Indiana 466011 p 574.235.92211f574.235.9173111D574.235.5567Iwww.southbendin.gov 13