HomeMy WebLinkAboutSpecial Exception - 4611 S. Burnett South Bend, IN. 46614RESOLUTION
4068-10
Passed by the Common Council of the City of South Bend, Indiana
December 13, 10
20
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
December 14, 20 10
Approved and signed by me ~'~"'"` ~ S/ - 20~.
Ufa ~-.~
City Clerk
RESOLUTION NO. `~o~°~` `~ ~
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD
OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 4611 S Burnett
Drive South Bend, In. 46614
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 {60j 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 South Bend 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 !. The Common Council has provided notice of the hearing on the Petition from the
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: 4611 S Burnett Drive South Bend, In. 46614
In order to permit:
Use of the property as an indoor firing range and training facility. Additional uses are a gun
shop, work out and self defense training facility along with extremely limited ammunition
reloading for the facility.
Variance: Special exception use for a recreational shooting range and training facility.
SECTION I1. Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition of the South Bend 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 Pian;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the 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 Major.
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Member of the Common Counci{
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
10-65 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 4611 S. BURNETT
DRIVE SOUTH BEND, INDIANA
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
Petition for speciaB use variance:
Variance: Special exception use for a recreational shooting range and training facility and a
variance from the required hard surface parking to gravel for an existing parking lot.
Current Owner: Horizon Bank
Proposed Owner: LLC to be named wholly owned by Dr. Lisa Christy.
4069 East Shore Drive
Bremen, In. 46506
Address of Property: 4611 S Burnett Drive South Bend, In. 46614
Presented by: Michael A. Zimmerman
P.O. Box 228 Bremen, In. 46506
574-546-2382
Zoning Classification: GI -General Industrial
Actions to be conducted on site:
1. Standard shooting range using only lead free frangible ammunition
2. Tactical shooting range using only lead free frangible ammunition
3. Shooting house using only lead free frangible ammunition
4. Smatl gun shop
5. Workout facility
6. Martial arts/self defense training area.
7. Meeting room offered for free to clubs, organizations and law enforcement for shooting
and outdoor related purposes.
8. Small reloading area for reloading ammunition for this facility. Constitutes only 386 sq.
ft. of an approx. 12,000 sq. ft. facility. Only small amounts of powder and primers will
be kept on site and will be kept in separate fire proof cabinets in accordance with OSHA
standards.
Unique Facility:
This facility is the only public indoor shooting range in the region if not in the country to offer
the following:
1. Use of metal knockdown and pneumatic/mechanized target systems.
2. Fully lead free facility using only lead free frangible ammunition.
3. Indoor shooting house open to both the public and law enforcement.
4. Workout facility for full service training.
5. Ability to train with draw and fire and tactical reload techniques. Allowed on the
Tactical range only.
6. Facility is open to the public and also offers memberships.
7. Provides a place for law enforcement to train in doors. Tactical range offers the ability
to simulate different lighting situations along with sound and light effects simulating
police lights and sirens.
8. Range is handicap accessible.
9. Offer classes for self defense and firearm training.
10. Qualified off duty police will be utilized as range officers to take the public through the
shooting house. The officer will receive half the hourly fee.
Security:
A full service third party security system will be utilized such as ADT. All firearms will be locked
in safes during non operation hours until additional security measure can be put in place to
insure safe storage of firearms. All ranges will be monitored by surveillance cameras at all
times. Video feed will be viewed by the front desk personnel as well as support staff in offices.
Lead Free Facility:
This facility uses only lead free frangible ammunition. The ammunition is frangible which
means it turns into dust whenever it hits anything as hard as itself. This prevents the possibility
of ricochets. The bullet is made up of a copper/tin composite dust. No lead is used anywhere in
the facility. No regular ammunition is allowed to be used in the facility. Strict penalties are in
place to insure compliance.
STANDARDS FOR SPECIAL EXPCEPTIONS I.C. 36-7-4-918.4 as listed
below:
i. The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare.
Answer: This range will be constructed to NRA specs for high powered Full Metal Jacket
ammunition. However, only LEAD FREE FRANGIBLE ammunition will be used in this facility.
Since this is a lead free facility there will not be any issues with lead on employees, customers,
or in the air vented to the outside. The lead free frangible ammunition is a copper/tin dust
composite.
The lead free frangible ammunition disintegrates into dust whenever it comes in contact with
anything as hard as itself. Therefore, ricochets are not an issue and since the range is built to
handle high powered rifle rounds there is not possibility of a round escaping the range.
All efforts will be made to minimize any noise both inside the range and the outside. The inside
will have sound deadening materials such as vulcanized rubber, carpet and ceiling tiles on the
walls and ceiling to deaden noise. The inside of the overall facility will also have additional
insulation and if needed the outside of the block range on the inside of the building will have
additional sound deadening materials placed on it.
ii. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
Answer: This facility will be very unique as no other facility of this kind is known to exist which
is available to the public. This facility will provide a greatly needed training facility for not only
the public but for area law enforcement agencies. In addition, the facility will promote classes
and instruction in the safe handling and storage of firearms. The facility will draw customers
from all across the region as this facility is the only one of its kind. As a result the property
values will increase and give area businesses the opportunity to do business with additional
customers.
iii. The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein; and
Answer: The facility is located in an industrial park.
iv. The proposed use is compatible with the recommendations ofthe City of South Bend
Comprehensive Plan.
Answer: This unique facility is promoting public safety and wellness both by direct training and
by providing an additional training arena for local law enforcement. The facility will draw
thousands of people from both the immediate area and from the region to the Southside of
South Bend bringing additional ancillary revenue to the area.
Parking:
The original use of the facility was a warehouse for a local homebuilder. Therefore the site plan
only included 15 spaces. The facility sits on 1.28 acres and has ample room for additional
parking. Room will be provided for at least 29 spaces of parking at the facility.
Signed"- 1 Date: 10-12-10
Represent
Kodiak Gun & Firing Range
Mission Statement:
To promote the shooting sports by providing a safe and cost effective facility where law enforcement and
individuals alike can learn to shoot and train safely.
Overview:
Ranges:
The facility will provide three different types of ranges: (see ranges tab for detailed info)
1. Public Range -Handgun Only
2. Tactical Range -Handgun, rifle, shotgun
3. Shooting House -Handgun
All three ranges will utilize metal targets and only permit lead free non frangible ammunition. Frangible
ammunition turns to dust whenever it comes in contact with anything as hard as itself.
Niche Market:
This facility is unique. Most public ranges only offer the shooter the ability to shoot at a paper target. This
facility allows shooters a wide range of metal knockdown and moving targets. In addition; the shooting house
facility is the only known indoor facility open to the general public in the United States at this time. Facilities
of this type are either government/military owned or offered by private clubs.
Law enforcement facilities of this type are very rare. A poll of the police departments in Northern Indiana
indicate they either have no facility to shoot at or limited and none of them have access to indoor shooting
houses or tactical ranges.
to addition, the tactical range allows for draw and fire and tactical reloading. USPSA and IPSC matches as well
as cowboy shooting tournaments are becoming very popular. There are no public ranges where these
shooters can train. They must join private clubs which are typically outdoor ranges. Our facility allows year
round comfortable shooting environment.
Another unique ability for the gun store is the ability for gun buyers to test fire used firearms before deciding
to purchase (for a small fee of course). Most buyers have to purchase a firearm or shoot someone else's to
see if they like it or purchase the firearm and hope they like it. if the gun store has a used firearm similar to
the new firearm they are considering purchasing then the gun buyer may try out the used model first.
Clientele:
1. Law Enforcement
2. Average shooter
3. Tournament shooters.
Additional Services:
In addition to the ranges Kodiak will also offer guns for sale as well as shooting accessories. For members
there will also be a limited workout facility and martial arts/defense workout area. Classes will be offered in
self defense.
Ammunition Availability:
Frangible ammunition will be available for purchase from Kodiak. Kodiak is contracting with Precision
Cartridge in NW Indiana to supply lead free ammunition. Precision Cartridge is one of only two commercial
ammunition manufacturers in Indiana. Precision provides the ammunition for many law enforcement and
public ranges. They manufacture a complete line of frangible lead free ammunition. They have the capacity
to supply all the ammunition needs for Kodiak.
In addition, some frangible ammunition will be supplied by Kodiak Armory. Reloading supplies will be
available for purchase. Most specifically a complete line of frangible bullets for those who wish to reload on
their own.
Memberships:
Memberships will be offered to the following: (see membership tab for details)
1. Individuals
2. Families
3. Law Enforcement
4. Corporations
5. Clubs
EPA Regulations:
The frangible ammunition is a composite of copper/tin alloy dust. It is totally lead free. As a result this facility
is not subject to the lead problems suffered by other indoor ranges. The only requirement is there be a slight
negative airflow which is vented to the outside. This is to keep the smoke and dust away from the shooter.
The EPA will eventually mandate all indoor ranges use frangible ammunition because of the lead
contamination factors. In anticipation of this more and more ammunition manufacturers are coming out with
lines of lead free frangible ammunition.
Fees:
Research was completed compiling the cost of ranges around the country.
Public Range:
The public range is priced at $10 per hour plus $5 per extra person; maximum of 3 people per lane.
Tactical Range:
The Tactical Range is priced at $20 per hour plus $10 per extra person; maximum of 3 people per lane.
Shooting Houses:
Since there are no shooting houses open to the public the price was determined by reasonable fees for time.
The public non-members will be charged $100/hr with a maximum of four people ($25/person) plus
ammunition. Members will be charged $50/per hour maximum of 4 people. Off duty LEO's will be trained to
take the shooters through the shooting houses. They will receive 50% of the hourly fee for this service. LEO's
will be charged $50 per hour per four officers. A range officer is not required for law enforcement personnel
to use the shoot house.
Ammunition:
Ammunition will be priced at 10% over cost. Frangible ammunition is slightly more expensive than lead
ammunition and Kodiak wishes to promote the shooting sports and full use of the facility by as many people as
possible. Law enforcement will also save on the federal excise tax which is currently 11%.
Firearms:
Firearms will be priced at 20% over cost.
Shooting Accessories:
All other items will have appropriate mark-ups.
Classes:
Martial arts classes will be priced accordingly. Class space for LEO's who wish to bring in people and hold a
safety class will not be charged for the class space but will pay for the range usage and ammunition. The
range usage fee will be discounted.
A free class will be given to anyone who buys a membership, a firearm or just asks for one. This basic class
covers all safety aspects of gun handling both in general and with their specific firearm.
Advanced training classes will be offered by qualified instructors for those wishing to learn advanced firearm
training. These classes will be at a cost to be determined by the instructors.
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NAME MAILINGAD
MAILINGCIT MAI
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PROP_ZIP
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023-1043- D/B/A ELRO
1 300602 COMPANY P O Box 90 South Bend IN 46624
KLC VAC LAND-
023-1043- ENTERPRIS 4520 S BURNETT
2 300601 ES, LLC Burnett Dr South Bend IN 46614 DR South Bend IN 46614
4550
023-1043- KROLZICK 4550 S BURNETT
3 3012 FRED H Burnett Dr South Bend IN 46614 DR South Bend IN 46614
DAVIS
TRAUB 4525 S
023-1043- REAL 4525 S BURNETT
4 3013 ESTATE LLC Burnett Dr South Bend IN 46614 DR South Bend IN 46614
UPDIKE 3333
023-1043- DEVELOPM Independenc 902 W
5 3004 ENT LLC a Dr Fort Wayne IN 46808 IRELAND South Bend IN 46614
4622
023-1043- WATTS 4622 Burnett BURNETT
6 3010 JAMES A Dr South South Bend fN 46614 DR SOUTH South Bend IN 46614
SELECT 4609
023-1043- BEVERAGE 400 N Wolf BURNETT
7 3008 S INC Rd, Ste A Melrose Park IL 60164 DR South Bend IN 46614
HOOSIER 4604 S
023-1043- SPRING CO 4604 Burnett BURNETT
8 3007 INC Dr South Bend IN 46614 DR South Bend IN 46614
R-P
023-1043- PROPERTIE 23475 St Rd 4616 S
9 300901 S LLC 4 Lakeville 1N 46536 BURNETT South Bend IN 46614
4500-4600
BLOCK
023-1043- LANG/ROSE 63607 Pine BURNETT
10 3009 TTO INC Rd North Liberty IN 46554 DR. South Bend IN 46614
SWIGGARD 4626
023-1043- PROPERTIE 931 Seaco BURNETT
11 3014 S LLC Ct Deer Park TX 77536 DR South Bend IN 46614
VAC LAND-
023-1043- HORIZON 502 Franklin BURNETT
12 3015 BANK NA Sq Michigan City IN 46360 DR South Bend IN 46614
Information shown on this map is not wartanted for
acaracy or merchantability. Reproduction
of this material is not possible without written
permission of St. Joseph County, Indiana.
Date Printed: 20'10
Photography:SPring 2006
N Prepared
St Joseph County Auditofs Ofl
~y E 717 W. Jefferson BI
South Bend, Indiana 46E
S ~ Phone: (57a) 23SY
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South Bend, IndiOno 46601
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AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235-9554
Fnx: (574} 235-5541
November 4, 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 Dr. Lisa Christy
ABZA 11/3/10
Dear Council Members:
The above referenced petition of Dr. Lisa Christy was legally advertised on October 24, 2010. The Area
Board of Zoning Appeals gave it a public hearing on November 3, 2010, at which time the following
action was taken:
Upon a motion by Mr. Phipps being seconded by Mr. Hawley and unanimously carried,
the petition for Special Exception for a recreational shooting range and training facility, on
property located at 4611 S. Burnett Drive, is sent to the South Bend 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
DR. LISA CHRISTY
SPECIAL EXCEPTION PURSUANT 21-09.3(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 GENERAL 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.
2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT
AREA OR PROPERTY VALUES THEREIN BECAUSE:
The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding
properties.
3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH
IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND COMPREHENSIVE PLAN BECAUSE:
It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating
from it's intent.
CONDITIONS OR REVISIONS:
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 3rd Day of November, 20]0.
YES NO
0 MICHAEL URBANSKI
Q RANDALL MATTHYS
0 JACK YOUNG
Q GERALD PHIPPS
Q ROBERT HAWLEY
Q JOE VELLEMAN