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HomeMy WebLinkAboutSpecial Exception - 925 South Webster St. South Bend, INRES®LUTIOIV 4064-10 Passed by the Common Council of the City of South Bend, Indiana October 25, 20 10 Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 26, 20 10 Approved and signed by me October 2 6 20 10 City Clerk RESOLUTION NO. ~ ~ `'~ J ~ ~ 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 925 SOUTH WEBSTER STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code §36-7-4-918.6 requires the Common Council to give notice pursuant to I.C. §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 I.C. §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 §5-14-1.5-5, requesting that a Special Exception be granted for the property located at 925 South Webster Street, South Bend, Indiana in order to allow outdoor storage of soil and other fill material on an area not to exceed seventy-five percent (75%) of the total lot area. 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 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 1~SOT. ~~P~'20VE?' ~, _. Mem er, Common Council ~ile~ In Gl~rl~'~ ®~~ace SEP 1 4 2010 daH~r voaRDe CITY CLE"nK, So. k3FND,1N. '~©o~TE~ l,0 - L~-t o TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 10-56 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 925 SOUTH WEBSTER STREET, 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 as amended with written commitments. Ann Puzzello Chairperson, Committee of the Whole I<I~IEG ~ ~EV~ULTM WWW.KRIEGDEVAULT.COM September 14, 2010 Area Board of Zoning Appeals of St. Joseph County, Indiana 125 South Lafayette Boulevard, Suite 100 South Bend, Indiana 46601 John H. Lloyd Direct Dial: (574) 277-1208 E-mail: jlloyd@kdlegal.com Re: Letter Petition for Special Use Permit Property Address: 925 South Webster Street, Portage Township, South Bend Property Owner: MM Blair, LLC Dear Honorable Board Members: On behalf of MM Blair, LLC we are submitting this Letter Petition for Special Use Permit for consideration by the Area Board of Zoning Appeals (the "Board"). This petition is being filed to request a Special Use Permit to allow for the outdoor storage of soil and other fill material on an area not to exceed seventy-five percent (75%) of the total lot area. The following information is provided in accordance with the Board's filing requirements: 1. Name, Address and Phone Number of Petitioner/Property Owner: MM Blair, LLC 10343 McKinley Highway Osceola, Indiana 46561 Contact: Mark Osler, Member (574) 674-6488 2. Location of Subject Property (Address): 925 South Webster Street, Portage Township, South Bend, Indiana 46619, and is more particularly described in Exhibit "A" attached hereto. 4101 EDISON LAKES PARKWAY, SUITE 100, MISHAWAKA, IN 46545-3441 T 574.277.1 200 F 574.277.1 201 III MERITAS LAW FIRMS WORLDWIDE I<RIEG ~ ~EV~ULTM WWW.KRIEGDEVAULT.COM September 14, 2010 Page 2 3. Statement of Special Use Requested and Reason for Request: Pursuant to Section 21-04.02 (a)(2)(B)(iii) of the South Bend Municipal Code, Petitioner respectfully requests a Special Use Permit for the above-referenced property (the "Property") to allow for the outdoor storage of soil and other fill material not to exceed seventy-five percent (75%) of the total lot area. The Special Use Permit is requested to allow Petitioner to continue its operations at the Property. 4. Proposed Findings of Fact Under I.C. 36-7-4-918.4 (Standards for Special Exceptions): I. The proposed use will not be injurious to the public .health, safety, comfort, community moral standards, convenience or general welfare of the community. The Property is currently zoned GI -General Industrial and has been used by Petitioner for the outdoor storage of soil and other fill material for many years. The Property has been used more frequently in recent months due to an upswing in business making it necessary for Petitioner to apply for a Special Use Permit to allow for outdoor storage on an area not to exceed seventy-five percent (75%) of the total lot area. Issuance of a Special Use Permit will not be injurious to the public health, safety, comfort, morals, convenience or general welfare of the community as it will allow Petitioner to continue to utilize the Property in a manner consistent with its present and intended future use and to use the Property to its maximum potential. II. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed Special Use Permit will not injure or adversely affect the use of the adjacent area or properties as all materials stored outside will be contained within the Property's boundaries. In addition, the Property is bounded by other industrially zoned parcels and will not cause a diminution in property value. I<RIEG I ~EVi~ULTM WWW.KRIEGDEVAULT.COM September 14, 2010 Page 3 III. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The Property is currently zoned GI-General Industrial which allows for the outdoor storage of soil and other fill materials. The need for a Special Use Permit arises as the storage area required exceeds fifty percent (50%) of the total lot area. South Bend Municipal Code Section 21-04.2 allows for outdoor storage or operations exceeding fifty percent of the total lot area as long as a special exception is obtained. Consequently, the proposed use is consistent with the character of the GI-General Industrial District in which the Property is located and is also an authorized use. IV. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The proposed use of the Property is compatible with the recommendations of the City of South Bend Comprehensive Plan (the "Plan") which anticipates the continued use of the petition Property and adjacent parcels as an industrially-zoned district. 5. Name, Address and Telephone Number of Person Presenting Petition, if other than Owner: John H. Lloyd Krieg DeVault LLP 4101 Edison Lakes Parkway, Suite 100 Mishawaka, Indiana 46545 Telephone: (574) 277-1200 6. Zoning Classification of Property and Township: (a) Zoning: GI -General Industrial (b) Township: Portage In addition, we are enclosing the following attachments to this petition: I<RIEG I ~EV~ULTM September 14, 2010 Page 4 Exhibit A -Legal Description Exhibit B -Site Plan Exhibit C -Aerial View of the Property Exhibit D -List of Adjacent Property Owners WWW.KRIEGDEVAU LT.COM Should you have any questions regarding this Petition, please feel free to contact me. Very truly yours, John .Lloyd JHL/smr Enc. KD_2914880_1.DOCX EXHIBIT A Legal Description A part of the West Half of the Northwest Quarter of Section 14, Township 37 North, Range 2 East, described as follows, viz: Beginning at the intersection of the South line of Sample Street in the City of South Bend, with the West line of Webster Street in said City, as existed on November 21, 1978 (the said place of beginning being at a point 20 feet West of the East line of Bank Out Lot 102 as shown on the Second Plat of Out Lots of the Town, now City of South Bend, as platted by the State Bank of Indiana extended South, and 16 '/2 feet South of the North line of said Northwest Quarter of Section 14); thence West along the said South line of Sample Street, a distance of 330 feet; thence South a distance of 651.75 feet; thence East a distance of 330 feet to the West line of said Webster Street; thence North along the said West line of Webster Street, a distance of 651.75 feet to the place of beginning, EXCEPTION THEREFORM the following: Beginning at a point on the South line of Sample Street in the City of South Bend, Indiana as existed on November 21, 1978, 20 feet West of a point where the East line of the said Bank Out Lot 102 if extended due South would intersect the South line of said Sample Street; thence from said commencement point, running West on the South line of Sample Street, 330 feet; thence due South 330 feet; thence East 330 feet; thence North 330 feet to the place of beginning. ` ~ ; ~ ' ~ ' EXHIBIT "D" LIST OF ADJACENT PROPERTY OWNERS Petitioner: MM Blair LLC Petition Property: 925 South Webster Street, South Bend, Indiana Wayne Calhoun Inc. 1011 South Walnut Street South Bend, Indiana 46619 Tax Key No. 18-8021-0839 Mary Ann T. Lacay Revocable Living Trust c/o Mary Ann T. Lacay, Trustee 1937 Creekbank Lane South Bend, Indiana 46635 Tax Key No. 18-8021-084001 Imagineering Enterprises Inc. 1302 West Sample Street South Bend, Indiana 46619 Tax Key No. 18-8021-084002 Ritschard Bros. 1204 West Sample Street South Bend, Indiana 46619 Tax Key No. 18-8021-084103 18-8021-084111 Webster Street Holdings LLC 829 Opal Drive Valparaiso, Indiana 46383 Tax Key No. 18-8021-084105 Ramar Land Corp. Attention: Don DeLuca 600 Gillam Road Wilmington, Ohio 45177 Tax Key No. 18-8021-084106 Arthur A. Taelman Revocable Trust c/o Arthur A. Taelman, Trustee 1212 South Walnut Street South Bend, Indiana 46624 Tax Key No. 18-8021-084107 Indiana Land Trust 70298 108 North Main Street, Suite 711 South Bend, Indiana 46601 Tax Key No. 18-8021-084112 JAM Walnut Properties LLC 1125 South Walnut Street South Bend, Indiana 46619 Tax Key No. 18-8021-084505 PETITION PROPERTY: MM Blair LLC c/o Indiana Earth 10343 McKinley Highway Osceola, Indiana 46561 Tax Key No. 18-8021-0840 AREA BOARD OF ZONING APPEALS SITE PLAN PART OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA COMMONLY KNOWN AS: SAMPLE STREET 925 S. WEBSTER STREET SOUTH BEND, INDIANA I J , _ ~I _ 1/2" OPEN TOP ~I I IRON FOUND 330.00 ~ 0.3' DEEP I i I _ .............................................. ~LFA ,.. EXISTING BUILDING IRON FOUND I I FLUSH 121.5' 11 I .,. ~, ................ I MOUND HEIGHT: 19'3 MOUND HEIGHT: 13't a't .~ I ~ W W 5'f ~: ~ I Cr _ :i Cn .... M ~ W I H-- M Cn M r7 .........., Lb ..~ . MOUND HEIGHT: 14 f I MOUND HEIGHT: 4'f ' . ................ .. i 1 1 0' .. ... T ~ . ~ BUILDING '••.... aao' _ I 330.00' LEGAL DESCRIPTION: A PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 2 EAST, DESCRIBED AS FOLLOWS, VIZ: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAMPLE STREET IN THE CITY OF SOUTH BCND, WITH THE WEST LINE OF WEOSTCR STREET IN SAID CITY, A$ E%ISTED ON NOVEMBER 21, 1978 (THE SAID PLACE OF BEGINNING BEING AT A POWT 20 FEET WEST OF THE EAST LINE OF BANK OUT LOT 102 AS SHOWN ON THE SECOND PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, AS PLATTCD BY THE STATE BANK OF INDIANA EXTENDED SOUTH. ANO 16 i~ FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST OUARIER OF SECTION 14); THENCE WEST ALONG THE SND SOUTH LINE OF SAMPLE STREET, A DISTANCE OF 330 FEET; THENCE SOUTH A DISTANCE OF 651.75 FEET; THENCE EAST A DISTANCE OF 330 FEET TO THE WEST LINE OF SAID WEBSTER STREET; THENCE NORTH ALONG THE SAID WEST LINE OF WEBSTER STREET. A DISTANCE OF 65L75 FEET TO THE PLACE OF BEGWNRIG. EXCEPTION THEREFROM THE FOLLOWING: BEGINNING Ai A POINT ON THE SOUTH LINE OF SAMPLE STREET IN THE CITY OF SOUTH BEND, INDIANA, AS EXISTED ON NOVEMBER 21, 1978, 20 fEEi WEST OF A FOINT WHERE THE EAST UNE OF THE SAID DANK OUT LOT 102 IF EXTENDED DUE SOUTH WOULD INTERSECT THE SOU1H LINE OF SAID SAMPLE STREET; THENCE FROM SAID COMMENCEMENT POINT, RUNNING WEST ON THL SOUTH LINE OF SAMPLE STREET, 330 FEET; THENCE DUE SDUTH 330 FEET; THENCE EAST 330 FEETt THENCE NORTH 330 FEES TO THE PLACE OF BEGINNING. JY 0' 60' 120' I80' SCALE: 1" = 60' l~7 x H AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 October 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 from the maximum allowable outside storage of fill ABZA 10/6/10 Dear Council Members: The above referenced petition of MM Blair, LLC was legally advertised on September 24, 2010. The Area Board of Zoning Appeals gave it a public hearing on October 6, 2010, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception from the maximum allowable 50% area for outdoor storage of soil and other fill material not to exceed 75%, on property located at 925 S. Webster, is sent to the Common Council with No 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, G~~ Mark A. Lyo Assistant Zoning Administrator MAL/cah MM BLAIR, LLC The petition of MM Blair, LLC seeking a Special Exception from the maximum allowable 50% area for outdoor storage of soil and other fill material not to exceed 75%, on property located at 925 S. Webster Street, Portage Township. Zoned "GI" General Industrial. MR. JOHN LLOYD: I'm an attorney with Krieg DeVault, 4101 Edison Lakes Parkway, Mishawaka. Since , it so late I will try and be brief. Basically we're asking for the Special Use Exception for the outdoor storage, the top soil and fill dirt. In some cases there may be some brick and concrete but primarily top soil and fill dirt. And I'm sure you have some photographs of the site. The material that will be there will not be ~;' contaminated soil or other wise contaminated material. In your packets you may have the letter from the Health Department and they had specifically asked us to modify the definition of other fill material in our petition to read, other fill material is defined as any uncontaminated soil, rock, brick and concrete specifically excludes is any construction debris which is not brick or concrete and any regulated substance as defined by County Code 52. And that's totally fine with us because that was what our intention was to begin with. So we've agreed to that modified definition and that's what we'll do. This is an area that is zoned General Industrial and it is fairly industrial. In the conversations that we've had with some of the neighbors, Lacay Fabricating is just to the west and their property is rectangular and it runs along side our property, they've expressed some concerns about water runoff and potentially dust. We've met with them on a couple of occasions and offered to remove a concrete slab along our common border and also to install silk fence to avoid water runoff or soil runoff onto their property. I also had some conversations with their attorney about this and we're actually going to be meeting with them hopefully on site on Friday or within the next couple of days to address whatever their concern are. I know that they're here today and they will probably share more directly with you but we're actually trying to work with them to satisfy what their issues might be. Also our neighbor to the north is Imaginary Ink right on Sample and they've expressed a concern about the soil material. Don't want to have contaminated soil material on site. And I understand that and that's not what we are doing. We weren't going to do that anyway. The Health Department wanted us to clarify and hopefully we've done that. With respect to the zoning as I mentioned it's General Industrial and under the zoning ordinance itself it specifically mentions amounts of outdoor storage and that's what we're basically trying to take of with this Special Exception. The staff recognized both the nature of the district and the use and after reviewing the standards for the Special Exception recommended that this body make a favorable recommendation with respect to this petition to the City Council and we ask that you follow that 45 Area Board of Zoning Appeals -October 6, 2010 ' recommendation and make a favorable recommendation to the City Council. That's it for now and I'll answer questions if you like and hopefully after other people talk I can address those too. MR. MATTHYS: What was the former use of this site, wasn't there a construction company there or something at one time? MR. URBANSKI: Ritschard's. MR. LLOYD: Ritchard Brothers is on Webster Street but it's across the street. I think it was vacant, Reinke had it, so it was a construction company. MR. PHIPPS: John is MM Blair and excavation contractor? MR. LLOYD: MM Blair is basically the property owner and there are affiliated with Indiana Earth and Mark Osler from Indiana Earth is here and so basically the property is used for Indiana Earth through MM Blair. MR. PHIPPS: Is this going to be a permanent site or is this just related to a specific project? MR. LLOYD: It's permanent in the sense that they always would hope to have outdoor storage there. It's really sort of a staging area because MM Blair works on projects within the City and it's beneficial for them to have a site right there where they can take fill material as they have it and when they need to use it in the downtown area they have it there. But I guess your answer is it would be permanent. The levels will fluctuate certainly. MR. PHIPPS: Generally it will used as a staging for dirt coming and going for various projects and so it would remain permanent? MR. LLOYD: Correct. MS. NAYDER: I just want to add to our comment, not specifically addressing this, they didn't say anything about variances so we assume it is going to be landscaped or buffered as required in the ordinance? MR. LLOYD: And that's right and what we're hoping to do is to have conversations with the neighbors and then go back to the Building Department and say this is what we talked about with the neighbors and talked about how we need to appropriately buffer or screen. MR. URBANSKI: And that is something that can be done later? MS. NAYDER: Correct as long as they intend to do something because they weren't asking for any additional variances at this time. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE 46 Area Board of Zoning Appeals -October 6, 2010 ' MR. RICHARD DEAHL: From Barnes and Thornburg with offices at 100 N. Michigan Street here in South Bend. I'm pleased and very happily to see the owner of the property and operator of Lacay Fabricating for the past 35 years on this site. As John mentioned Lacay is well aware that this is a General Industrial site and outdoor storage is permitted on the site and outdoor storage of even dirt and fill material is permitted to a, level on the site. The concerns that John mentioned, we look forward to discussing with Mark and John the concerns that we have with the existing use and storage of what's out there today as well as trying to eliminate any potential that these concerns be exasperated if the amount of fill for this property is expanded for additional storage area. I would like to share with the Board just a brief outline of some concerns and some photographs that will reveal what some of the issues that Lacay encounters what these issues are. PAPERWORK WAS PASSED OUT TO THE BOARD AT THIS TIME MR. DEAHL: You'll seek that the first photograph is an aerial photograph. Lacay fabricating is located on the west side. It's the site that is primarily shown with buildings that have the white roofing. The site in which this Special Exception applies is the site right in the center that shows some piles of dirt. What we have experienced in the last year is really evident by the next five photographs and that's really high piles of dirt very close to the property line between Lacay and the MM Blair site. And what has happened when there is a heavy rain there will be dirt runoff as well as water runoff that will carry dirt off of MM Blair site and onto the Lacay site and that has been what we suspect some of the cause of some sewer backup and issues because the drain pipes that between the sites have picked up a lot of water and mud that's come off the site. So the concerns that we have are primarily the erosion of dirt and we think that those can be addressed and we hope to discuss with Mark and John a concepts of biding by the development standards in this district to honor the setback and to discuss an appropriate setback for the dirt piles as well to discuss the piles that will be right on the property lines as well as some fencing to keep any kind of material from emanating from the Blair site onto the Lacay site. In addition to that there has been some experience at Lacay of dust, excessive dust in the air that has impacted their paint finish on some products that are drying right outside on the southern portion of their site. On a windy day they can see that there is more dirt than they would expect in the paint finish that is drying outside. So we're in hopes to discuss landscaping so buffering that can minimize that impact as well. But we appreciate you taking th°se concerns into consideration in evaluating your recommendation to the Council this afternoon. We're happy to answer any questions. MS. JESSICA EDMOND: I'm a controller at Imaginary Finish Technology. We're located at 1302 W. Sample Street. We're adjacent to Indiana Earth, MM Blair. We have the same concerns that Lacay has. Our property backs up and we share a property line. I know their attorney addressed the other fill material. We were concerned about the fill material, we didn't want it to be anything other than soil. We too have a painting facility, we have a paint line and it's been very dusty. I have some pictures here to just to show on the road. Our drywells are filling for with the dirt and the dust and so those are our main objections for the Special Use Exception. REBUTTAL: MR. LLOYD: I have no objections really and that we understand their concerns and we are going to try and work with. I still hope that you will still send this to the Council with a favorable recommendation. MR. PHIPPS: Is it Indiana Earth been using this then? MR. LLOYD: Yes. 47 Area Board of Zoning Appeals -October 6, 2010 MR. URBANSKI: They have been using this site? MR. LLOYD: Yes. MR. URBANSKI: Because in the pictures we received some of the pictures we've seen some of the trees seem quite large that's growing up in those sand, dirt piles. So some of that stuff has been there for ages then? MR. LLOYD: It has been, yes. The dirt piles have been there for awhile. MR. URBANSKI: And will this continue on? I know you didn't put dirt piles on it, please but when you see trees the size of these trees growing in the side of the dirt piles... MR. LLOYD: Some of it is just sort of the nature of the kook on reaction, those piles have been there for awhile and that's basically what's caused more material to be there and get us past 50%. We're willing to listen to ideas to about how to have them lower or do those things to make them more visually appealing. The piles are what they are and they have been there for awhile. MR. URBANSKI: And that's why you need an extra 25%? MR. LLOYD: Yes. MR. FEDDER: My only comment is I would assume you would talk to the neighbors before it get to the Council? MR. LLOYD: Yes. MR. PHIPPS: Mr. Chairman as I think the remonstrators have pointed out and Mr. Lloyd has agreed there are still some details that need to be worked out as far as operating and removal especially for what they're doing. And so with that not being defined for us I would make a motion that we send it with no recommendation with hopes that these things could be determined and defined before the Council meeting. A motion to send the Special Exception to the Common Council with No Recommendation was made by Mr. Phipps and seconded by Mr. Hawley. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition was sent to the Common Council with No Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception is sent to the Common Council with No Recommendation and will issue written Finding of Facts. PETITION SENT TO THE COMMON COUNCIL WITH NO RECOMMENDATION 48