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HomeMy WebLinkAboutSpecial Exception - 3371 Cleveland RoadRESOLUTION 4026-10 Passed by the Common Council of the City of South Bend, Indiana May 10, 10 Zo Attes City Clerk '.dent of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 11, 20 10 Approved and signed by me May 11, - 20 10 City Clerk ~..•-ri' / ~/ ~c.r cep `---~ .L ~ ~* ~ ~" ~ -. i-' 2: "... { Resolution No. 402 6 -10 ~ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING MAY 7, 2010 THROUGH MAY 15 2010 AS LAW ENFORCEMENT MEMORIAL WEEK IN SOUTH BEND INDIANA elf. the Common Council of the City of South Bend, Indiana, notes that 1261aw enforcement officers died in the line of duty in 2009; with the average age of such officers being 39 with a tour of duty being 11 years and 3 months; plus there were over 60,000 criminal assaults committed which resulted in 15,000 injured police officers; and ~lfic tragically, the very soul of so many communities and the lives of each officer's family and friends have been permanently affected; with gunfire being the leading cause of deaths in the line of duty, and multiple-fatality shootings rising by 23% over the previous year and being the highest since 1981; and ~fic, the Common Council notes that the National Law Enforcement Officers Memorial in Washington, D.C., honors over 18,000 of America's federal, state and local law enforcement officers who have been killed in the line of duty; with this annual week of memorial services beginning in 1962 when President John F. Kennedy designating each May 15`h as Peace Officers' Memorial Day requiring all American flags lowered to half-staff and week-long activities to honor these Fallen Heroes; and GXc the South Bend Common Council further recognizes that on Friday, May 7, 2010 at 8:00 p.m., the Fraternal Order of Police, Lodge # 36 held their annual tribute and memorial service at our Police Department Headquarters, to honor all of the South Bend Police Department Officers who have given their lives in the line of duty. On behalf of a grateful South Bend community, we honor these very special police officers: Hans Brandt Paul R. Deguch Lewis Keller Delbert Thompson Fred E. Buland Charles E. Farkas, Sr. Neil McIntyre Lloyd Thompson Oscar Christenson Thomas J. DeRue, Sr. Nick S. Polizzotto Howard Wagner Samuel Cooper Ronald St. Germain, Sr Scott Lee Severns The Common Council hereby rededicates itself to assisting the families and friends of each of our fallen officers in helping them rebuild their lives and helping to assist their co-workers on the South Bend Police Department. ~/~, cam, 6e ~t„d, 6~ ~ ~ «l y~o(~ ~c-~.~ ~~d, c3 as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates and gratefully honors each of the fifteen (15) members of the South Bend Police Department who made the ultimate sacrifice while serving and protecting the residents of the City of South Bend, Indiana. Section II. The South Bend Common Council honors each of our fifteen fallen police heroes who each have had their 10-42 called out; all of the fallen law enforcement officers across the country, and all of their families, friends and colleagues who have been left behind; not because of the way each of them died, but rather because of the way each of these dedicated police officers lived and performed their police duties during their law enforcement careers. Section III. The Common Council hereby declares the week of May 7`h through May 15`x', as Law Enforcement Memorial Week in South Bend, Indiana. The Common Council urges all citizens to remember those who have given their lives while serving as part of the "thin blue line" standing beriveen the lawful and the lawless. The Council honors all of the dedicated men and women of the South Bend Police Department currently serving and those who have served in the past, for their dedication and commitment to making-out~ommunity safe. ~ be in full force and effect fro~,~d/~~'ter~it~f~pdoption by the Council and ~-Oliver~J avis, 6"' 'st ~ct„ ~~ Al "Buddy" ~irsits, arge ~~ othy use At L ge CL d.(ti~ aren L. White, At Large~Q Kathleen Cekanski-Farrand, Council Attorney Ofiia ~ o~ , 200. G/'`LY ~ Stephen J. Lue , M yor of South Bend RESOLUTION 4011-10 Passed by the Common Council of the City of South Bend, Indiana February 8, Attest: 20 10 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 9, 20 10 Approved and signed by me February 10 , 20 10 City Clerk RESOLUTION NO. ~~~ ~ -~ 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 (3371 CLEVELAND ROAD, SOUTH BEND, INDIANA) 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 Area Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Area Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; 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: (3371 CLEVELAND ROAD, SOUTH BEND, INDIANA) in order to permit: The approval of a Special Exception as allowed under Section 21-04.01 (2)(A) of the City of South Bend Zoning Ordinance to allow for a Bottled Gas Storage and Distribution facility for property located at 3371 Cleveland Road, South Bend, Indiana per Section 21-04.01 (2) (A) of the City of South Bend Zoning 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. 2 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; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). 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 ommon ouncil .~~i ~,Pr~ovt I~,DOA7F1~..-' Z~--d% l C7 filed in Gferl~'~ ®~~'ice DEC 1 4 2009 JOHN VOORDE GCTY CLERK, S0.8EN0, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 10-04 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 3371 CLEVELAND ROAD, 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 AREA BOARD OF ZONING APPEALS NO. FILED 20 NOTIFIED , 20 HEARING , 20 APPEAL Applicant's Name: PAUL MARKLEY Phone 237-6000 Address: P.O. BOX 904, HILLSBORO, OREGON 97123 Address of Property: 3371 CLEVELAND ROAD, SOUTH BEND, INDIANA 46628 Present Zoning of Property: "LI" LIGHT INDUSTRIAL DISTRICT Owner's Name: PAUL MARKLEY Phone 237-6000 Address: P.O. BOX 904 HILLSBORO, OREGON 97123 Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 CONJD2ERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE AREA BOARD OF ZONING APPEALS FOR ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at 3371 CLEVELAND ROAD, SOUTH BEND, INDIANA 46628 NATURE OF APPEAL: SPECIAL EXCEPTION REQUEST: A). Special Exception Request: PARCEL "A": A). Special Exception Request: PARCEL "A": A). Approval of a Special Exception as allowed under Section 21-04.01 (2)(A) of the City of South Bend Zoning Ordinance to allow for a Bottled Gas Storage and Distribution facility for property located at 3371 Cleveland Road, South Bend, Indiana per Section 21-04.01 (2) (A) of the City of South Bend Zoning Ordinance, and the following Variance Requests: VARIANCE REQUESTS FOR PARCEL "A": 1). A Variance from the minimum required 10-foot Side-yard Setback along the West property line to a minimum of 5-feet for a proposed Bottled Gas Storage Tank. 2). From the required screening of outside storage areas with a ornamental, solid wall, architectural screen, masonry or similar fence with an open space of less than 30~k including entry/exit gates made of 2 materials compatible with the fence, supplemented by a Type "B" Partial screening along the North, East, South sides of the proposed outside storage, area and along the West property line to the following: Along the North, East, South sides of the proposed outside storage area and along the West property line using a 10-foot high vinyl screening fence, with no additional landscape screening as shown. 3). A Variance from the requirement that the proposed 14-foot high Bottled Gas Storage Tank be allowed to exceed the height of the proposed 10-foot high vinyl screening fence by a maximum of 4 feet (i . e . height of Bottled Gas Storage Tank being a maximum of 14 feet). Property is presently zoned "LI" Light Industrial District. The Petitioners are the owners of the real estate parcel shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Petition property presently has a Zoning classification of "LI" Light Industrial District. The Petitioners have been the owners of the property for the last several years. The present use of the owners property includes two existing multi-tenant buildings. The owners have been approached by NuCO2, a Bottled Gas Distributor who desires to lease space in the building facing Cleveland Road. They also would like to place a CO2 Storage Tank as shown along the West property line behind the existing buildings. The proposed storage tank has a height of 14 feet. NuCO2 would place a 10-foot high solid vinyl fence around the proposed storage tank to screen it from the adjacent property and from Cleveland Road. The placement of the tank was chosen to be located on the existing paved parking lot, but also placed to allow for circulation of cars and delivery trucks that access the rear of the existing buildings. The existing buildings would screen the proposed storage tank area from Deahl Court and from a large portion of the Cleveland Road frontage of the property. The shown storage area will be large enough to park three of the company's delivery trucks within a secured chain-link fenced area. The Petitioners met with the City's Building Department Staff, to discuss the Bottled Gas Storage Tank facility proposed to be located on the petition site. Based on review of the present City Zoning Ordinances, the Petitioners would be required to have approved a Special Exception to allow for the proposed Bottled Gas Storage and Distribution facility on property with a zoning classification of "LI" Light Industrial. There are also certain screening requirements and setback requirements that would apply for the placement of the proposed storage tank. More specifically, the Petitioners are requesting approval of a Special Exception as allowed under Section 21-04.01 (2)(A) of the City of South Bend Zoning Ordinance to allow for a Bottled Gas Storage and Distribution facility. The Petitioners and the NuCO2 believe this 3 location in an Industrial Park and having access to Cleveland Road, one of the South Bend's and the County's main thoroughfares, would allow easy access to a majority of their clients. They also believe the size of the proposed Bottled Gas Storage area is small in size and would not be a detrimental use in the Industrial Park nor would it have an adverse affect on surrounding properties. The facility is also placed on the site to have the least interruption with the existing circulation pattern of cars and delivery trucks to the existing buildings. The Petitioners and contingent purchasers would ask the Board Members to agree that approval of the Special Exception to allow for the proposed Bottled Gas Storage and Distribution facility as shown on the attached site plan, would not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, or injure or adversely affect the use of the adjacent area or property values therein, and that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, and that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan, all of which is requested by the South Bend Municipal Code ~ 21-09.03 (i). With regards to the Variance requests for Parcel "A", the first Variance the Petitioners are requesting, is from the minimum required 10-foot Side-yard Setback along the West property line to a minimum of 5-feet for a proposed Bottled Gas Storage Tank. As stated above the location of the proposed tank was placed to allow for cars and delivery trucks to use the existing parking spaces and delivery docks behind the buildings. By placing the storage tank as shown, the existing aisle ways will remain open and the existing parking spaces can be easily accessed. The location of the storage tank will also allow for a delivery truck to re-fill the tank as needed. NuCO2 would like to place the facility on the existing paved area, and leave a clear space around the tank. The location of the tank will not be detrimental to any adjacent owner. There is an existing 10-foot wide utility easement which runs north and south on the adjacent property along the common boundary line which will also insure no buildings would be built close to the proposed storage tank. The second Variance request is from the required screening of outside storage areas with a ornamental, solid wall, architectural screen, masonry or similar fence with an open space of less than 305 including entry/exit gates made of materials compatible with the fence, supplemented by a Type "B" Partial screening along the North, East, South sides of the proposed outside storage area and along the West property line to the following: Along the North, East, South sides of the proposed outside storage area and along the West property line using a 10-foot high vinyl screening fence, with no additional landscape screening as shown. The proposed placement of the storage tank is located behind the existing buildings as viewed from Deahl Court and from almost the entire frontage of Cleveland Road. The storage tank would set 280 to 300 feet from Cleveland Road. There is also a grade 4 difference of approximately 12 feet from Cleveland Road to the area of the storage tank. Vehicles traveling west on Cleveland Road would have a difficult time viewing the storage tank and vehicles traveling east on Cleveland Road would have a very limited view of the storage area. The placement of the 10-foot high vinyl-screening fence should also mitigate any direct view into the storage tank area. As shown, the storage tank is on the existing pavement. The pavement is at the property line, which leaves no area for placement of landscaping. The owner and NuC02 would prefer not to remove the existing pavement. They would hope the Board would agree that with the location of the storage tank behind the existing buildings, the placement of the 10-foot high vinyl fencing around the storage tank and the distance the storage tank sets back from Cleveland Road would meet the intent of the zoning ordinance to screen the use. They believe that approval of the request for no additional landscaping would not be detrimental to surrounding properties. The last Variance request is from the requirement that the proposed 14-foot high Bottled Gas Storage Tank be allowed to exceed the height of the proposed 10-foot high vinyl-screening fence by a maximum of 4 feet (i.e. height of Bottled Gas Storage Tank being a maximum of 14 feet). The proposed storage tank with its required piping located at the top of tank will exceed the fence height by a maximum of 4 feet. The owners and contingent leaser do not believe this small amount of exposure by a portion of the tank and piping will create an adverse impact on adjacent properties. They would note that the fencing will screen a majority of the structure and combined with the location of the structure on the site; there should be little negative impact on surrounding industrial sites or along the Cleveland Road frontage. The Petitioners would ask the Board Members to agree that approval of the above described Special Exception and Variances will not have a detrimental affect for this area, nor would the property values, public's health, safety, morals, or general welfare be adversely affected. The Petitioners contend that the strict application of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Variances and Special Exception are sought: that the need for the Variances and Special Exception arises from such condition peculiar to the property in the same Zone: and that the use or value of the area adjacent to the property described in the Petition for the Variances and Special Exception will not be injurious to the public health, Safety, morals, or general welfare of the community. I attest, under the alties for perjury, that the foregoing representations a Michael J. Danch / President Danch, Harney & Associates, Inc. Property Owners Within 300 Feet Paul Markley P.O.Box 904 Hillsboro, OR. 97123 Tax Key # 025 1013 0219 Thomas & Joseph Gast P.O.Box 1815 Murtreesboro, TN. 37133 Tax Key # 025 1013 022001 Girl Scouts of Singing Sands Council P.O.Box 4606 South Bend, IN. 46634 Tax Key # 025 1013 022002 AE Pistons Inc. 251 W Gartield Rd. Site 287 Aurora, OH. 44202 Tax Key # 025 1013 0218 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 Sout4i Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 January 7, 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 for Paul Markley ABZA 1 /6/ 10 Dear Council Members: The above referenced petition of Paul Markley was legally advertised on December 20, 2009. The Area Board of Zoning Appeals gave it a public hearing on January 6, 2010, at which time the following action was taken: Upon a motion by Mr. Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow a bottled gas storage and distribution facility, on property located at 3371 Cleveland Road, 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 i•, Charles C. Bulot, C.B.O. Building Commissioner CCB/cah MARKLEY SPECIAL EXCEPTION PURSUANT ? 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 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 tl~e 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 6th Day of January, 2010. YES NO ® MICHAEL URBANSKI ® RANDALL MATTHYS ® JACK YOUNG ABSENT JACK HICKEY ® GERALD PHIPPS ® ROBERT HAWLEY ® JOE VELLEMAN