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HomeMy WebLinkAboutSpecial Exception - 3700 S. Gertrude St.RESOLUTION 4053-10 Passed by the Common Council of the City of South Bend, Indiana September 27, 20 10 Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 28, 20 10 CI~.~ "~ ~--~-~ City Clerk Approved and signed by me September 29, 2p10 ~---- ~~~~ ~~~o RESOLUTION NO. "~ S ~ ( ~ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR PROPERTY LOCATED AT 3700 S. GERTRUDE STREET 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 (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 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 1. The Common council has provided notice of a 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: 3700 S. Gertrude St. in order to permit the installation and operation of a resource recovery facility. 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. 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; and 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 COMMITMENTS which are attached hereto as Exhibit A and such other 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 PRE~c~ 77~U ~ Z.1-~~ 1dOT AP~~OVED fADOPTEU ~-L1-~,~ EXHBIT A RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Richard J. Deahl Barnes & Thornburg LLP 100 N. Michigan Street South Bend, Indiana 46601 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A SPECIAL EXCEPTION OR A VARIANCE GRANT FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND In accordance with I.C. § 36-7-4-921, the Owner of the real estate located in the City of South Bend, St. Joseph County, Indiana, which is described below, makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION Property generally described as 3700 S. Gertrude Street, South Bend, Indiana, 46624, and legally described as follows: Part of the Southeast Quarter of the Southeast Quarter of Section 22, Township 37 North, Range 2 East, described as beginning at the Southeast corner of the Southeast Quarter of said Section 22; thence West on the South line of said Section, 849.42 feet; thence North parallel with the East line of said Section, 589.74 feet; thence East 849.42 feet to the East line of said Section 22, Township and Range aforesaid; thence South on said East section line 589.74 feet to the place of beginning, in St. Joseph County, Indiana (the "Property") STATEMENT OF COMMITMENTS The Owner makes the following commitments, which shall be binding on any future owner of the Property, related to its use and operation of the Property as a condition to any approval of a Petition for Special Exception ("Petition") approved by the Common Council of the City of South Bend on September 27, 2010: 1. Owner shall not, at any time, store more than 200 vehicles on the Property that have not had all hazardous or regulated substances removed. Exhibit A to Resolution Page 1 2. All regulated substances shall be removed from all feed stock prior to crushing or shredding in any resource recovery/shredding operation conducted on-site. 3. For purposes of these commitments "regulated substances" shall be as defined in St. Joseph County Code 52.100 which is "Any extremely hazardous substance, hazardous substance, petroleum or petroleum byproduct, human waste, radioactive substance, biological substance, or other objectionable substance". This includes fuel, oil, transmission fluid, differential fluid, hydraulic fluid, antifreeze, brake fluid, batteries, mercury switches, air conditioning coolant and other substances as may be deemed necessary by the St. Joseph County Health Department to prevent damage to the surface or groundwater. 4. All feed stock/inventory of vehicles for the process in the resource recovery facility/shredder with liquids present shall be stored on a concrete or asphalt pad with a system to control and collect spills of regulated substances. At no time shall more than 2,000 vehicles be located on site for processing. 5. Owner shall not operate the resource recovery/shredding facility at any time outside of the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. 6. All vehicles and other feed stock shall be stacked no higher than 10 feet above a concrete storage pad. 7. The removal of all fluids from feed stock shall be performed on a concrete or asphalt pad with a system to control and collect spills of regulated substances. 8. The crushing and shredding of material shall be performed on a concrete or asphalt pad with a system to control and collect regulated substances. 9. All regulated substances shall be removed from all feed stock prior to crushing or shredding. 10. All liquid wastes removed from feed stock shall be stored in structurally sound water tight containers specifically designed for the storage of the respective waste and shall be stored either (a) inside of a structure with a concrete or asphalt floor and no floor drain, or (b) outside of a structure in structurally sound secondary containment capable of containing the full volume of all liquids stored. 11. A carbon filtration system shall be installed and appropriately maintained between the first and second retention basins identified on Owner's site plan submitted with its Petition to prevent any contamination of surface or groundwater. 12. The resource recovery facility/shredder shall be installed on spring pads, to eliminate vibration emanating off-site, as described in Owner's Petition. 13. The Owner shall be required to invest in, construct and maintain the following site improvements on the Property before commencing any operations of a resource recovery facility/metal shredder: (a) a 10 foot high earth berm, topped with Exhibit A to Resolution Page 2 evergreen trees and other plantings on Owner's south property line; (b) a 10 foot high acoustical fence along the entire west and north lines of the Property; and (c) a 10 foot high solid, decorative fence along the east line of Owner's Property, all as set forth on the site plans submitted as part of the Petition. 14. Owner shall (a) direct, as a condition to operations of any resource recovery facility/metal shredding operation, that all truck traffic leaving the Property exit such Property solely to the South, and (b) cooperate, at the request of the City of South Bend, with directing trucks that may enter or exit the Property to do so using only designated truck routes and not use any route extending north along Gertrude from the Property. 15. Prior to commencing any operations utilizing the resource recovery facility, Owner will spread or otherwise install throughout the subject site, pavement, asphalt, crushed asphalt and/or other crushed aggregate (or a combination) to provide a general cap on the entire site. These Commitments shall be binding on the Owner, subsequent owners of the above-described real estate, and other persons acquiring an interest in the above-described real estate. These Commitments may be amended or terminated upon request by Owner, only by a decision of the City of South Bend Board of Zoning Appeals, and approved by the Common Council of the City of South Bend, made at a public hearing after proper notice has been given. Commitments contained in this instrument shall be effective upon the grant of petition No. 9 by the City of South Bend Common Council. These Commitments may be enforced jointly or severally by: A. The City of South Bend, Indiana; B. Owners of all parcels of ground adjoining the real estate within three- hundred (300) feet from the subject property, and all owners of real estate within the area included in the petition who were not petitioners. Owners of real estate entirely located outside the City of South Bend are not included, however; and C. The St. Joseph County Health Department. The undersigned hereby authorizes the Clerk of .the City of South Bend Common Council/Secretary of the City of South Bend Board of Zoning Appeals to record this Commitment in the office of the Recorder of St. Joseph County, Indiana, upon final approval of petition No. 9. Exhibit A to Resolution Page 3 IN WITNESS WHEREOF, the Owner has executed these Commitments on the date indicated below. NRJ Real Estate, LLC BY= Its: Dated: .2010 STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for said County and State, personally appeared Randy Schlipp, Owner of NRJ Real Estate, LLC, who acknowledged the execution of the foregoing Declaration Regarding Conditions and Limitations for Special Exception. Witness my hand and Notarial Seal this day of , 2010. Residing in My Commission Expires: Notary Public County, _ This instrument prepared by Richard J. Deahl, Barnes & Thornburg LLP, 600 I st Source Bank Center, ] 00 North Michigan Street, South Bend, Indiana 46601. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Richard 1. Deah} SBDS02 RJD 409622v] Exhibit A to Resolution Page 4