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Home My WebLink AboutSpecial Exception - 2335 Shields DriveRESOLUTION 3542 -05 Passed by the Common Council of the City of South Bend, Indiana December 12, Attest: 05 20_. Presented by me to the Mayor of the City of South Bend, Indiana Decerat )-�r 13, 20 05 City Clerk President of Common Council Approved and signed by me December 13 209. City Clerk RESOLUTION NO. 3Syz -off A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2335 SHIELDS DRIVE SOUTH BEND, IN. 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,th6 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 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 1. 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 2335 SHIELDS DRIVE SOUTH BEND, IN. In order to permit a Special Exception for utilities in order to locate an Air monitoring Station. It is currently zoned SF I. SECTION 11. 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 111. 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 exception will not be affected in a substantially adverse manner; 3. The need for the special exception 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 exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION 1V. 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. This Resolution shall be in full force and effect from and after its adopted by the Common Council and approval by the Mayor. PRESENTED NOT APPROVED ADOPTED Member of the Common CiWncil -- — °5 O #lace filed In Cler OCT 2 6 'y'5 JDV:PS Ei,Df?DE I CITY CLEI'l "�, tG, gLHD,1N TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 05 -136 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY SOUTH BEND, INDIANA, BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2335 SHIELDS 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. Roland Kelly Chairman BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITION Applicant's Name IDEM- Office of Air Quality (Kevin Barefoot) Phone 317 - 308 -3268 Address 100 N Senate Ave MC 61 -50 -2 Shadeland, Indianapolis, IN 46204 -2251 Address of Property 2335 Shields Dr., South Bend, IN Present Zoning of Property SF 1 Owner's Name City of South Bend Phone 574 235 -9261 Address 1400 County -City Building 227 W. Jefferson St. , South Bend, IN 46601 Nature of Appeal, Variance, or Special Exception Applicant requests a Special Exception for Utilities and a variance from screening to no screening from the City of South Bend requirements set forth in the Comprehensive Zoning Ordinance in effect for South Bend, Indiana to allow an ambient air monitoring station to be established on the property to collect air quality data for ozone particulates and nitrogen dioxide as well as meteorological parameters such as wind speed wind direction outdoor temperature relative humidity, and solar radiation. These data are used to determine attainment/nonattainment of the National Ambient Air Quality Standards (NAAOS) for South Bend and St. Joseph County. A monitoring shelter (10'x32') would house the air monitoring equipment. It would be secured to the existing_ parking lot A ten -meter tower would be used to mount the meteorological equipment The facility would be surrounded by a chain link fence (25'x45') for security puMoses. Standards for Special Exceptions I.C. 3607 -4 -918.4 i. This proposed use will not be injurious to public health safety, etc. It actually will be collecting data which is reported as an Air Quality Index for the South Bend area. This is a health effects related rating reported daily to the public. ii. The proposed use will not adversely affect the use of adjacent area or property values. The monitoring shelter is not that large and will not affect any use of adjacent property. The shelter can be removed if monitoring needs change. iii. The proposed use is consistent with the adjacent land uses. Directly to the south of the proposed site is a small shelter with a cellular phone tower. This site will have a shelter and a much shorter tower (10 meters). iv. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. I attest under the penalties for perjury, that the foregoing representations are true. �� Signature of Property Owner (s) Request Justification The Office of Air Quality of the Indiana Department of Environmental Management conducts ambient air quality monitoring across the state at over 100 sites. A monitoring station in South Bend, located on the corner of Angela Blvd. and Eddy St. has been collecting data over thirty years. The data from this site are used to determine attainment or nonattainment of the National Ambient Air Quality Standards for several pollutants, determine pollutant trends, and provide health information to the public regarding daily levels of pollution using the Air Quality Index (AQI). Due to the relocation of Angela Blvd. and renovations and construction by Notre Dame, the current site no longer meets siting criteria for air monitoring. In addition, Notre Dame asked that the site be relocated due to their construction. IDEM has surveyed the area and found the site located behind Maple Lane School, newly assigned address of 2335 Shields Dr., to meet its needs for relocation. The site is open, accessible, relatively close to the existing site, and able to be secured with a chain link fence. Parameters to be measured at this site include; ozone, nitrogen dioxide, PM10 (particulate matter less than 10 microns in size), PM2.5 (particulate matter less than 2.5 microns in size), wind direction, wind speed, outdoor temperature, relative humidity, and solar radiation. With this site IDEM will be able to continue to provide the air quality information needed by the State of Indiana, the City of South Bend, and the public to make informed and proper decisions regarding health and regulatory issues. In order to locate the air monitoring station on this property, IDEM is requesting a Special Exception for Utilities. 337.0' SITE PLAN Air Monitoring Site - South Bend k 130.0' 0 267' 85' ProposedAir Monitoring Shelter (10'x32' �20'► Security Fence (25'x45' ' 25' 80.31'►I T North .31' Scale: 1" = 50 Feet I. ON 1 �d t iV 'i �q oof-bZ= rn t ' • w -P ��- N i. " REF: �t ON 1 �d t iV 'i �q oof-bZ= £85£ LLkOZ Z0 �`+ ,6, ' ��• �, '� 4L5£ L00-00 LL5£ LLOZ Z yyam�,, � • ,, ., ZL58�LOZ-ZO a . "r P . -, TL5£ LLOZ EP'w . a X99 Z ZO i 6 6260- �001,1,01 594£L' Z0:' �• „� 0 5£2LO6l -ZOT e 655£ L�OZ ZO , 'P 655£TLLOZ ZOs TOQ x Z — rr�� n� b£�O..TO01-6Z t� L65�£ ^LL02 -ZO' 3,;w,rec.�1�• 1 1460 1�� bZ � � ,F„ +� i r S_ 665£ LLOZ ZO 0.560 rn t il " o a ° 6abo door az• ,8o60-1o61 -6Z P } t 'I £85£ LLkOZ Z0 �`+ ,6, ' ��• �, '� 4L5£ L00-00 LL5£ LLOZ Z yyam�,, � • ,, ., ZL58�LOZ-ZO a . "r P . -, TL5£ LLOZ EP'w . a X99 Z ZO i 6 6260- �001,1,01 594£L' Z0:' �• „� 0 5£2LO6l -ZOT e 655£ L�OZ ZO , 'P 655£TLLOZ ZOs TOQ x Z — rr�� n� b£�O..TO01-6Z t� L65�£ ^LL02 -ZO' 3,;w,rec.�1�• 1 1460 1�� bZ � � ,F„ +� i r S_ 665£ LLOZ ZO 0.560 A A A 0 0 0 8 8 0 0 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAx: (574) 235 -5541 November 21, 2005 The Honorable Common Council of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception BZA 11/17/05 The petition of IDEM/Office of Air Quality seeking a Special Exception for utilities, on property located at 2335 Shields Drive. Dear Council Members: The above referenced petition of IDEM/Office of Air Quality was legally advertised on November 3, 2005. The Board of Zoning Appeals gave it a public hearing on November 17, 2005 at which time the following action was taken: Upon a motion by Mr. Hoban, being seconded by Ms. Brodie and unanimously carried, the petition for Special Exception for utilities, on property located at 2335 Shields Dr., is sent to the Common Council with a Favorable Recommendation. The deliberations of the 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, D Q. -I Building Commissioner DFF /cah