12-14-98 Council Meeting Minutes

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REGULAR MEETING DECEMBER 14, 1998 the property located at 54755 Oak Road, South Bend, Indiana 46628 in order to permit the location and use of a portion of said property for the following industrial uses: gravel, rock, stone and /or sand extraction; crushing, washing or sorting. Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of Herrman & Goetz, Inc., heretofore filed with 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 approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special use will not be affected in a substantially adverse manner; 3. The need for the special use arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special use is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions of the South Bend Common Council and the Commitment Regarding Use and Development of Real Estate, both of which are on file in the office of the City Clerk. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommends it to the Council favorable. Ann Carol Nash, assistant city attorney, made the presentation for the resolution. She reported that this property was rezoned to E Heavy Industrial. She indicated the jurisdiction on mining is not clear, and it was decided that it should be classified as a special use. John Peddycord, attorney for Herrman and Goetz, reported that the annexation and rezoning of this property was initiated by the City of South Bend. He indicated that Herrman and Goetz has agreed to the terms of the commitment that was made at the time of the zoning. He indicated there would be no operation or removal of sand or gravel at night. He asked that the phrase special exception be changed throughout the bill to special use. Council Member Hosinski made a motion to accept the amendment, seconded by Council Member Aranowski. The motion carried. Tom Kosel, 54166 Pine Road, spoke against this resolution. He gave the history of this piece of property. He asked how deep they would be able to mine and how will it be monitored. Jeannette Dzikowski, 24085 W. Edison, indicated she was opposed to this request for mining. She indicated this will have a negative impact on their property values. Ray Hollinger, indicted Herrman and Goetz was only going to mine twenty acres and now its forty acres, and there are lots of wells in the area that are only forty foot deep. Sandra Elkins, 54478 Oak Road, indicated that the plans for Blackthorn and the airport look like they want to put a road through our 1 �7 1