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Home My WebLink AboutSpecial Exception - 6850 Enterprise Dr.RESOLUTION 4037-10 Passed by the Common Council of the City of South Bend, Indiana July 26, 10 20 Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 27, 20 10 Approved and signed by me July 2 7 , City Clerk 2010 City Clerk ~- - 4 RESOLUTION NO. ~-~ 3 7 -~~ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 6850 ENTERPRISE DRIVE WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 6850 Enterprise Drive South Bend, IN 46628 in order to permit a portion of the building to be used for a Gymnastics Studio classified under a "Recreation Use" in the special exception section of the Light Industrial ordinance. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: ,' 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council PRESENTED ~ -~~° -~ ~ NOT APPROVED ADOPTED '~ Lb~~ O FI~P!~ ~i1 l~~l:i'~a'~a ~~tlCO .~ I o u r~ ~ 5 200 L___~-- diktita VOOf~DE C1TY!'l.'::~i't, i4. EEP~D, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 10-34 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 6850 ENTERPRISE DRIVE Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Ann Puzzello Chairperson, Committee of the Whole I ~ I I ENTERPRISE OFFICE AND I ~ ~ CENTRE PRODUCTION I 80,000 5F FACILITY 1 J AMERIPLEX 1 123 SPACES 81 eoo sF -' , ~ - CENTER ~ lAT •c• ioT "s' -' 6850 ENTERPRISE DRIVE 8.008 ACRES 5.8 ACRES / i SOUTH BEND IN 46628 i _ _ _ _ .~ IV- 1S' U EASEMENT ` ` ~ - P \ t 1 / ~~ /// 1 `~ . ~ ' ~ ~~ - 12.394 ACRES I ~~ • ` ~ 0 so 1 ~ - ~~' ~ ~ ~ ~ ~ \~ ~~ i `~. I EV-1• ~00'd 1~Sd I _______~ AMERIPLEX I ~ I CENTRE I ; I ~ 100.000 SF ~ ~Ij~ ~ ~ 107 SPACES ~ ~ ~ I ; I ------ ~ I ~ ~I I,d I ~ I ~ ~ ~lil ~ ~ ' ~ ~~il' AMERIPLEX ------~ INDUSTRIAL PARK ', _ 1 i lldtESS-E~ EASEMENT r, _._ _,_,_,_. _._,_._,_ _,_,_,_ _~ ' ~.. ,.u i ~ Ili ~ ~ APPROX. I ~ i NOLLADAY PROPERTIES I , www.holladayproperties.com _ _ _ _ _ _ _ ~ ~ 4.50 ACRES J J I f 1 ~ ~/~ na.e.rou. r.,+ow/s~r.ew~w.. aaee. I /I I I 1 1, I ~\ r~.n ' i - ~ _ -------~-----------~--~--------iJ HOLLADAY D PROPERTIES r^-~ Building Solutions Since 7952 227 South Main Street Suite 300 South Bend Indiana 46601 PHONE (574) 234-2073 FAX (574) 284-3790 June 14, 2010 Area Board of Zoning Appeals City of South Bend 227 W. Jefferson Boulevard South Bend, IN 46601 Re: Petition for Special Exception and Parking Variance To whom it may concern, A. The information for the party applying for this special exception is below: Ameriplex Centre Partners, L.P. 227 South Main Street, Suite 300 South Bend, IN 46601 Ph: (574) 217-4498 B. Location of the property in the petition: Ameriplex Centre 6850 Enterprise Drive South Bend, IN 46628 C. The purpose of this variance is to apply for a special exception use of Recreation for a Gymnastics Studio in an existing light industrial zoning in South Bend and to reduce the required amount of parking from 640 spaces to 40 spaces for this use. D. The special exception will not cause undue harm to the public health, safety, morals or general welfare of the community. This will provide a clean secure space to an organization teaching gymnastics skills and lessons on teamwork, competition, and personal effort to young children and adults. An open, tall industrial space is ideal for the task of gymnastics. Currently, there are two other tenants in this building, but the spaces are sufficiently separated and neither party will be in any immediate danger as a result of the other's operation. Also, most operations in this area take place between the hours of 7 am and 5 pm, and the gymnastics operation will have their heaviest use in the evening between the hour of 5 pm to 9 pm, so the possible interaction of this group with oth ea ~, ,5~~ QIi~iCB minimal. F~~`: "-.~ ~~ South Bend Indianapolis Chicago/Portage Richmond Nas www.holladayproperties.com UN152010 J e dC`iti Vi)4npE CL~KK, ~0. G'~"S HOLLADAY PROPERTIES Building Solutions Since 1952 ..v.,.,._ ,,_...,. ,.._`~ 227 South Main Street Suite 300 South Bend Indiana 46601 PHONE (574) 234-2073 FAX (574) 284-3790 The operation of the gymnastics facility will take place within their demised premises and will not adversely affect the value of any neighboring properties. Most of the children who will attend this facility can not drive and will be supervised by a parent, coach, or instructor at all times. The Gymnastics Studio is a specific use listed as a special exception within the Light Industrial zoning classification, and this building will need that exception in order for this group to operate out of the facility. Also, the reduction in required parking spaces from 640 spaces to 40 spaces will not cause any undue harm to the public health, safety, morals, or general welfare. Currently, Elite Sports only has 5 employees, and there are only 2 or 3 gymnasts who are old enough to drive themselves to practice. Most of the traffic is for pick-up and drop- off of the gymnasts. The parking requirement should be viewed in the same light as a child care use which requires 1 parking space for every employee with an additional 3 parking spaces available. The proposed use is consistent with the character of the uses within this district and is listed as an acceptable use for this space within the ordinance. Finally, the proposed use is consistent with the recommendations compiled in the South Bend City Comprehensive Plan, and will not detract from the character of this area or the rest of the City. The current zoning classification for this property is: Light Industrial The property is located in: German Township G. Ameriplex Ceptre Partners, L.P. '.~Phair ent of General Partner South Bend Indianapolis Chicago/Portage Richmond Nashville www.holladayproperties.com Property Owners within 300' of Subject Property Subject Property Ameriplex Partners, L.P. 6850 Enterprise Drive South Bend, IN 46628 1. Lonewolf Enterprises LLC c/o Deluxe Sheet Metal 6561 Lonewolf Drive, Suite 100 South Bend, IN 46628 Key Number: 025-1011-018707 2. South Bend Redevelopment Commission 227 W. Jefferson Blvd., Suite 1200 South Bend, IN 46601 Key Numbers: 025-1011-018705; 025-1011-018701; 025-1011-018703; 025-1011-018702; 025-1011-018704 3. BCL South Bend LLC c/o Daniel Shochtman 450 Skokie Blvd., Suite 604 Northbrook, IL 60062 Key Number: 025-1011-018708 4. Olive Enterprise Partners, L.P. 6879 Enterprise Drive South Bend, IN 46628 Key Number: 025-1011-0187 5. JVE Investments LLC 7101 Vorden Parkway South Bend, IN 46628 Key Number: 025-1011-018603 6. Norma Baney 24605 Cleveland Road South Bend, IN 46628 Key Number: 004-1011-018901 7. BW Business Park LLC c/o Tire Rack 7101 Vorden Parkway South Bend, IN 46628 Key Number: 004-1011-018604 8. Gibbs Wire and Steel Company 3751 Olive Road South Bend, IN 46628 Key Number: 004-1011-018602 9. Partners Property Management LLC 3650 N. Olive Road South Bend, IN 46628 Key Number: 004-1011-0188 6850 Enterprise Drive Aerial Diagram with Distances to Neighboring Parcels within 300 Feet ~. .. 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 July 8, 2010 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Ameriplex Partners, L.P. for Recreational Use/Gymnastic Studio ABZA 7/7/10 Dear Council Members: The above referenced petition of Ameriplex Centre Partners, L. P. was legally advertised on June 20, 2010. The Area Board of Zoning Appeals gave it a public hearing on July 7, 2010, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Young and unanimously carried, the petition for Special Exception of Ameriplex Partners, L.P. for Recreational Use/Gymnastic Studio, on property located at 6850 Enterprise Drive, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerel , Charles C. Bulot, C.B.O. Building Commissioner CCB/cah AMERIPLEX CEl`'TRE PARTNERS, L.P. SPL-CIAL EXCEPTION PURSUAI~'T~1-09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1 . THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY", COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GEI~TERAL WELFARE BECAUSE-: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health. safety, morals, and general welfare of the community. _. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT .AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use s1~a11 improve the appearance of the neighborhood and will not devalue the surrounding propenies. 3. THE PROPOSE-D USE WILL BE CONSISTL-NT WITH THE- CHARACTER OF THE DISTRICT IN WHiCI~ ]T IS LOCATED AND THE LAND USES AUTHORIZED THEREl;~' BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this propem~. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREIIEr'SII~E PLAN BECAUSE: It is the feelins of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISION'S: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 7th Day of JULY, ?Ol 0. YES NO ® MICHAEL URBAI~'SKI .aas>;'\r RANDALL MATTHYS ® JACK YOUNG assE?;T JACK HICKEY ® GERALD PHIPPS ® ROBE-RT HAVJLEY ® JOE VELLEMAN 6850 Enterprise Drive Aerial Diagram with Distances to Neighboring Parcels within 300 Feet '~`'"'~'~ ,~ w9 ? . i i. ~ 1 ~ ~ r ~, ~~ , ~~ ~.. ~ ~~~ ~ ,. _ ~ ___ ~ _ t,g - .. _.. _r _ _. _ .. .__._. c .`~ _ . .-. ~~~ _ ... ,._ .. _ ~ _....___ _... _...__ _.....,..~.,... ~ . ~ ~.y ... --... s A ....A. . _.e -.. - ~ ~ rte- ~ ' ~^ ~,. u ,~, .. 'ill ~~ ~ ,'~ _. ,y x ~ -. °°~ ialilf~~1~ 111 ~ ~ ~ ^ t'?-0R"~q .. ,.. a f'.a~ j zM~ y, ~~~ t ~ ~ i#~ ~~ ? ~ K ~.Yi ~, ~ 1 J ., .+;:, ~ .~t7fs6 '~+ '^, y7vr*ax' _ ~~ li ~*'_" °J~ ~ j ~ i 1 ~ ~~ ~' ~.. . t .p . r ` +. K •„ ~`,T ;,~Y ~ ~ ~,{+ bra ~ ~~ ~.~ .- - ." ~ ,.,.. .. ~r. ~.~ ~ ~l.u. /. ; r'i .~ J ~ _ ~.~ ~ °~ :=~ 290 . '~~ _ = x ~`~`1~ ~ '~ ~~_ .i~ , ;. u