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Home My WebLink AboutSpecial Exception - 2222 W. Washingtion St. RESOLUTION 4091-11 Passed by the Common Council of the City of South Bend, Indiana March 28, 20 11 Attest: City Clerk �� Attest• � President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 29, 20 11 City Clerk Approved and signed by me March 29 20 11 . !�� RESOLUTION NO. 'l � l, I � I' 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 2222 WEST WASHINGTON SOUTH BEND,INDIANA 46628 WHEREAS,Indiana Code Section 36-7-4-918.b, reyuires 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 siaty{60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS,the Common Council is required to make a deternunation 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 TT 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: 2222 West Washington, South Bend, L�diana 46628, in order to permit A Special Use to Allow an ' Indoor Soccer Facility. SECT'ION 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 Ofi'ice of the City Clerk. SECTION III. The Common Council of the City of 5outh 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 - �°'1�� 9t1 ��Q�`�'� ��;�; ; FEB � � Z 011 cmr c�eRK��`w��a�,ir� �'!:��ENTED �� T��i APP�OVE+� %',DOPTfG� 3-L��` TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 11-20 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 2222 WEST WASHINGTON 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. This bill was heard by the Zoning &Annexation Committee. Timothy Rouse Chairperson, Committee of the Whole , ► MICHAEL L. LIPSKY Attorney at Law The Historic Lafayette Building 115 South Lafayette Boulevard, Suite 116 South Bend, Indiana 46601 mikelaw2000 @yahoo.com Ph: 574-387-4744 Fx: 574-387-4743 February 8, 2011 Area Board of Zoning Appeals 125 S. Lafayette Boulevard Suite 100 South Bend, Indiana 46601 Re: Petition Seeking a Special Use to Allow an Indoor Soccer Facility Dear Board Members: I represent Manuel Villegas,Marco A. Villegas and Juan Ramirez conceming their petition seeking a special use to allow an indoor soccer facility. I ask that you please allow this letter and the accompanying documents to serve as my client's petition. 1. Name, Address, Phone Number of Property O��ners: a. Manuel Villegas, 4351 Fox Fire Drive, South Bend, Indiana 46628, 574-855-8001; b. Marco A. Villegas, 3432 West 66'}' Street, Chicago, Illinois, b0629, 708-250-2893; c. Juan Ramirez, 3801 W. Sherwin Av., Lincoln Wood, Illinois, 60712, 312-666-8888. 2. Location of Propertv in Petition: 2222 West Washington, South Bend, Indiana 46628. 3. Name,Address, Phone Number of Person Presentin�Petition: Attorney Michael L. Lipsky, 115 S. Lafayette, Suite 116,S. Bend,Indiana 46601 Phone: 574-387-4744 Fax: 574-389-4743 mikelaw2000@yahoo.com 4. Zonin�Classification and To�vnshi�: Light Industrial/Portage Township 5. Statement of Variance Requested: My client's are seeking a special use exception to allow for an indoor recreation/indoor soccer facility. I: The proposed use�vill not be injurious to the public health safety comfort community moral standard convenience or�eneral�c�elfare. My client's�vould like to build an indoor, community based soccer facility at tlus location, My client's proposed plan for this location will significantly improve the area, the neighborhood and the City of South Bend's overall plan for gro�vth. Granting the petition vvill improve the safety, comfort, community standards and general well being of the neighborhood. Remember, it is still a neighborhood. . The property in question is lined with commercial properties directly to the South, and residential properties directly to ihe North. The properties prior use was an industrial warehouse. Many commercial trucks and traffic ingressed and regressed from the location. The current proposed use will not entail dangerous commercial trucks or traffic flowing about the area. No heavy machinery or equipment ��ill be used for the day to day operation. Because the proposal is for an indoor soccer facility, other than parking all activity will be conducted inside the current building. More than ample parking is available for the proposed use. The site for the indoor soccer facility is located in one area;there will be no need to cross the street for parlang. The plan provides for safe vehicular and pedestrian access, including emergency vehicles. Neighborhood street parking and noise will be reduced by centralizing the parking location and eliminating commercial vehicles. Because the whole area is fenced in safety has been maximized. All utilities necessary for this use are already present. The location itself is secluded from the other commercial properties in the area by virtue of its enclosed perimeter and triangular shape. Proposed signs and exterior lighting, although not finalized, are expected to minimize neighborhood safety concems and will be compatible with the sunounding properties via City site plan approval The proposed use will not entail the need to consider industriat environmental hazards and will be a friend to the environment when compared to the heavy industrial use of the property by the previous owners. Further,the current property has sat vacant,deteriorating for the at least the past five(5)years. My client's proposed use and improvement of the property will bring a fresh,ne�v and exciting business to the area. The neighborhood will benefit. New jobs and a tax base will be crea.ted. The proposed improvements and use of the location �vill be in line�vith community moral standards by bringing a family oriented community center to the area. Children and their families will have a safe place to go after school. There exists the potential for future sporting or other similar venue events at this location. This proposal and plan anticipates other present business ezpansion and economic benefits to the Ciry by o,f'fering current thriving business a commercially viable parmership. II: The�roposed use will not injure or adverselv affect the use of the adjacent area or propertv values therein. The neighboring properties, being �vithin a light industrial zone, «�ill not suffer any negative impacts. The proposed use is for an indoor soccer facility, �vhich is akin to a commercial use. The future improved site �vill increase proper[y values and �vill energize the area. The use of the property as a community oriented business will enhance both commercial and residential property values. The neighboring commercial and residential property owners will benefrt from investing entrepreneurs attending commercially viable soccer games and practices. Because there is no other similar business in the area like this proposed indoor soccer facility,current businesses will not be subject to competing financial interests. III: The proposed use�vill be consistent �vith the character of the district in which it is located and the land uses authorized therein. The proposed use of the area is located tivithin a commercially light industrial area, �vith many other situated commercial properties. Direct to the North of this properly is a large residentiai community, directly to the South a commercial community. The proposed use is not a residential proposal. The addition of my client's commercial business plan is consistent with this area's established character. The proposed use is anticipated to be received favorably by ihe community. The anticipated use is consistent «rith the overall character of the district. Family orientated �vith a flavor of locally� o�vned commercial enterprise. N: The proposed use is compatible with the recommendation of the Citv of South Bend Comprehensive Plan. Since its founding in 1835,the City of South Bend's boundaries have continued to e�cpand. The City of South Bend's Comprehensive plan anticipates that market forces and economic trends will continue to make it beneficial for South Bend to follo��an orderly and balance growth. An indoor soccer field located within the inner city falls�vith the City's planned gowth and more simply put,a Smart Growth project. The proposed indoor soccer facility fosters the City's "Smart Growth" plan by fostering an attractive community site �vith a central sense of place allo�ving community neighbors to interact. The community comes here to enjoy their families. The City's cultural infrastnicture is strengthened by the development of a community oriented location that can offer residents and partners to safe place to interact with any number of interests and/or the planning neighborhood activities. The property is located within the city's design review area. I have personally spoken�vith Jim Markle, City of South Bend Design Plan Revie�v Specialist, who has advised my clients that as long as certain specific aesthetic improvements are adhered to, such as paint colors of earth tone and non-tinted«�indows,the proposed use�vill be in harmony�vith the City's Comprehensive Plan. My client's anticipated improvement of the cunent deteriorating interior and exterior building will be «elcomed by the City's overall Comprehensive plan encouraging local investment, land use, and gro�ti�th. The proposed use �vill promote inter city transportation through the City's current public(bus)system. This system minimizes conflicts between bicyclists, pedestrians and motorists while preserving our environment. Lastty, this plan simply encourages other economic ethnic development as a11 three owners are of Spanish heritage. In closing, my client's request for the special use is the minimum necessary to stay �vithin State and local guidelines. The purpose will foster the City of South Bend's current adopted compressive plan. Denying this petition will effectively deprive the community and current property owner's the best and most reasonable use of the property in question. My client's thank you for your time and consideration. Should you need anything further to reach a positive decision please do not hesitate to contact me. Respectfully Submitted: � � Michael L. Lips Attorney for Petit ner's �� CO f r«s,.t� �ai= • // %/ �`' `i ICN zm � '_�.,�� ' ` .. Y tl��}, � ��/ � i= � ° O �€',a��= a �-7 � -_�aa��' ! / � �T 'W ��..3 - � / /' / � .i f �m � � D , . 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Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 March 3, 2011 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 Manuel Villegas, Marco Villegas and Juan Ramirez 2222 W. Washington Street ABZA 3/2/2011 Dear Council Members: The above referenced petition of Manuel Villegas, Marco Villegas and Juan Ramirez was legally advertised on February 19,2011. The Area Board of Zoning Appeals gave it a public hearing on March 2, 2011, at which time the following action was taken: Upon a motion by Mr. Phipps,being seconded by Mr. Velleman and unanimously carried,the petition for Special Exception to allow for an indoor recreational/indoor soccer facility, on property located at 2222 W. Washington Street, 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. Sincerely, �� Charles C. Bulot, C.B.O., C.F.M. Building Commissioner CCB/cah