05-28-74 Council Meeting Minutes

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REGULAR MEETING MAY 28 19 II REGULAR MEETING - RECONVENED (CONTINUED) The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of that public hearing and will be for- warded to you at a later date to be made a part of this report. Very truly yours, s/ Richard S. Johnson Executive Director RSJ /ch attach. The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 May 22, 1974 In Re: A proposed ordinance initiated by the Area Plan Commission to zone recently annexed land from "A" Residential to "E" Heavy Industrial, "A" Height and Area, property located on Linden Road at the northwest corner of Linden and Chippewa, City of South Bend. Gentlemen: The attached rezoning petition initiated by the Area Plan Commission was legally advertised May 4, and May 11, 1974. The Area Plan Commission gave it a public hearing May 21, 1974, at which time the following action was taken: "A motion by Joseph Bajdek was seconded by Robert Lehman to favorably recommend the ordinance initiated by the Area Plan Commission to.zone recently annexed land from "A" Residential to "E" Heavy Industrial, "A" Height and Area, property located on Linden Road, at the northwest corner of Linden and Chippewa, City of South Bend, as the land is used for industrial purposes and was previously zoned "M" Manufacturing in St. Joseph County pursuant to rezoning procedures some years ago by the property owners." In the discussion that followed, Kenneth Woods stated that in view of the fact that this property was zoned Manufacturing some years ago, it indicates the feelings of the people who own the property and it should be industrially zoned now that it is in the city and should not be made a non - conforming use. The staff recommended the property owners not be forced to become a non - conforming use since they had gone through the proper rezoning procedures several years ago. Mr. David Kelley did not agree and noted.it would not really create a handicap to the property owners. Mr. Dwight Miller asked if they wished to sell, would "A" Residential zoning keep them from selling the property as industrial property and Mr. Weisman noted it would not as long as it remained the same use as it is now. He said the property owners would only be prevented from enlarging beyond 33.3 per cent of the existing operation or for reusing the property for another industrial use. Mr. Kelley noted that at the time of the rezoning there were surely some restrictions placed on the rezoning and wondered if those restrictions were carried out. Mr. Johnson stated that there have been certain violations made to the original site plan as well as other codes and ordinances, but the Plan Commission's zoning recommen- dation should not be based upon the County's lack of enforcing their codes and ordinances. Mr. Kelley said that since the property owners have violated a number of county codes and ordinances, the property would not be zoned "E" Heavy Industrial. Mr. Weisman pointed out the Plan Commission should establish a policy in these matters and they should determine if the policy is to be either that their zoning be the same in the city as it was in,the county or it should conform to a Comprehensive Plan. Whatever the policy is, it should be established so that property owners will know what to expect when they are annexed by the city. He said these things should not be dealt with as separate zoning problems but rather there should be a policy established and followed. Mr. Miles asked if there would not be certain times when there would be a special case that needed to be considered as a separate zoning problem and Mr. Weisman stated this might occur but there should still be an established policy. Mr. Johnson stated he could envision the day when there would be additional industrial zoning in that area and did not think there was much future for residential development in this particular area. Mr. Kelley said he felt the policy should be that when property comes in to the city by annexation and if it was rezoned and if they have been a good neighbor to the community, they should be properly zoned but if they have shown neglect for their rezoning, they should not be allowed to have the privilege of carrying their zoning through. Mr. Johnson noted he was not sure this was a legitimate function of zoning. He said that there were things the community could do to enforce the ordinance but this was not the function of the Area Plan Commission.