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Home My WebLink AboutApproving- Petition of the Area Board of Zoning Appeals Location: 3300 Sample St. South Bend, IN 46601 RESOLUTlON 4093-11 Passed by the Common Council of the City of South Bend, Indiana March 28, 11 zo Attest: ��' City Clerk Attest� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 29, 20 11 City Clerk �. Approved and signed by me March 29 20 11 , /`�Y liG�v��'� °r- ^A'�, �„��.y�.� RESOLUTION NO. � �� 3'� I 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 3300 SAMPLE 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 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: 3300 Sample Street South Bend, IN 46619 in order to permit a portion of the building to be used for a BMX/Skateboard Facility classified under a"Recreation Use" in the special exception section of the General Industrial 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. 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; 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 Common Council �'i��?z: �f'� .��'��'�v'� ��D��' -------- Ji�.i'i 1 1 2011 �in�,�`,�t,,{��:�� GfTYC�r.;:,;, c��.F�'ND.I,l. �;�G�:rar€a 3—2-�� l�dJl' 1�PPROVEC2 7+DOPTEt� " 3—Z�''t ` TO THE COMMON COUNCiL O� THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 11-22 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 3300 SAMFLE STREET 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. This bill was heard by the Zoning &Annexation Committee. Timothy Rouse Chairperson, Committee of the Whole y a HOLLADAY � PROPERTIES � ��. �� Buildi�g Solutions Since 1952 227 South Main Street Suite 300 South Bend Indiana 46601 PHONE(574) 234-2073 FAX(574) 284-3790 January 10,2011 Area Board of Zoning Appeals City of South Bend 227 W.Jefferson Boulevard South Bend, IN 46601 Re: Petition for Special Exception To whom it may concern, A. The information for the party applying for this special exception is below: 3300 Sample Street Associates 227 South Main Street,Suite 300 South Bend, IN 46601 Ph: (574) 217-4498 B. Location of the property in the petition: 3300 Sample Street South Bend, IN 46619 C. The purpose of this variance is to apply for a special exception use of Recreation for a BMX/Skateboard Training Park in an existing general industrial zoning in South Bend. D. The special exception will not cause undue harm to the public health,safety, morals or general welfare of the community. This will provide a clean secure space to an organization for athletic training and teaching lessons on teamwork, competition, and personal effort to young children and adults. An open,tall industrial space is ideal for the creation of a BMXjSkateboard facility. Currently,there are two other tenants in this building, but the spaces are sufficiently separated and neither party will be in any immediate danger as a result of the other's operation. Also, most operations in this area take place between the hours of 7 am and 5 pm,and the gymnastics operation will have their heaviest use in the evening during non- — traditional hou�::.so the possible interaction of this group with others in the area is - minimal. The operation of the BMX/Skateboard facility will take place within their demised premises and will not adversely affect the value of any neighboring properties. South Bend Indianapolis Chicago/Portage Richmond Nashville www.hol ladayproperties.com .y HOLLADAY � � PROPERTIES � sr Building Solutions Since 1952 �i Vi3LL3 227 South Main Street Suite 300 South Bend Indiana 46601 PHONE(574) 234-2073 FAX(574) 284-3790 The BMX/Skateboard facility is classified as"Recreational" use which listed as a special exception within the General industrial zoning classification,and this building will need that exception in order for this group to operate out of the facility. The proposed use is consistent with the character of the uses within this district and is � listed as an acceptable use for this space within the ordinance. Finally,the proposed use is consistent with the recommendations compiled in the South ' Bend City Comprehensive Plan, and will not detract from the character of this area or the rest of the City. F. The current zoning classification for this property is: General Industrial The property is located in: Portage Township G. 3300 Sample Street Associates lohn . h ' Presi nt of General Partner South Bend Indianapolis Chicago/Portage Richmond Nashville www.holladayproperties.com B60'.T INDUSTRIAL DRIVC � ..._..... � .Lll1�.'. ',�J1J.1Lllllll- ..., s7 � : _...__ _ ,.......... _. ...li_.�.li --- . I...i...�.......�... � _ - ��` ` ��3 `� � n��-ia � �� l� �� • � � �'�.�`��. `�'��'` �°� �� a� ° '�� . � � � � �a � �` �� 5 "�'a�� f »� �.... �� ` �d k . &� � ( £ � �� ,.1 '� d� ��.f� �� a t � �� m "� ��`'� �� -€�y � ��.. F"'F ' " a x e � 4� I �� `s. r�x�� m� �� '� � . � � � ,. ��. x " F t t � � ,,� ,�'" � ` ��'�-�S [S�� a' '� T �S F � '`.,�t��`� �3` r ��.e�, � u � . � � °i. .�.�z s�- ,� et ir p� ^a3 � . . ' �,j �% � '� 6D'"4' . � 335'-10' . 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Doris Bergeron 9025 Centre Pointe Drive,Suite 400 Attn:Taxation Department 25946 Brick Road West Chester,OH 45069 110 Franklin Road South South Bend, IN 46628 Tax ID: 018-8112-421201 Roanoke,VA 24042 Tax ID: 018-8112-4209 Tax ID: 018-8112-4212 4. Jupiter Aluminum Corp. 5. Joseph Podell Company, Inc. 6. Grand Trunk Western Railroad Inc. Attn: Dietrich Gross c/o Richard Podell Attn: Real Estate Department 1745 165th Street 3680 W.Sample Street 563 N.Cass Avenue Hammond, IN 46320 South Bend, IN 46619 Pontiac, MI 48342 Tax ID: 018-8112-4207;018-8112- Tax ID: 018-8112-421509 Tax ID: 018-8112-4218,-4219 421508 7. Larry Johnson 8. Jeff Flora 9. K& B Beverages Inc. 2245 N. Lema Drive 3319 W.Sample Street 15300 Valentia Drive Mesa,AZ 85215 South Bend, IN 46619 Granger, IN 46530 Tax ID: 018-4107-3958 Tax ID: 018-4047-272901 Tax ID: 018-4107-3959 10. Floyd Eddy 11. Gus Caparell � 12. Frederick Binder 3105 W.Sample Street 509 W.Washington Street 620 N. Ironwood Drive South Bend, IN 46619 South Bend, IN 46601 South Bend, IN 46615 Tax ID: 018-4052-1933,-1932,-1931; Tax ID: 018-4075-2759,-2758,-2757; Tax ID: 018-4075-2756,-2755 018-4107-395901 018-4074-2728,-2727,-2726 13. Guy Nesbitt 14. Jacquline Tetzlaff 15. Donald Willman 839 Kentucky Street 844 S. Lake Street 841 S. Lake Street South Bend, IN 46619 South Bend, IN 46619 South Bend, IN 46619 Tax ID: 018-4107-3918 Tax ID: 018-4047-2725 Tax ID: 018-4074-2724 16. Patricia Hawkins 17. Janice Gates 18. Linden Freel 842 S. Falcon Street 838 S. Lake Street 69221 Brush Trail South Bend, IN 46619 South Bend, IN 46619 Niles, MI 49120 Tax ID: 018-4075-2753 Tax ID: 018-4047-2721,-2723 Tax ID: 018-4107-3920,-3919 19. Harold Agler 20. Clarence Love 21. Guadalupe Cervera 119 N. Front Street 3206 Revere Place 838 S. Falcon Street Syracuse, IN 46567 South Bend, IN 46619 South Bend, IN 46619 Tax ID: 018-4107-3924 Tax ID: 018-4107-3926 Tax ID: 018-4075-2751 22. Stephen Smith 23. Barbara Dupriest 24. McRay Oneal Fleming 19548 Paxson Drive 833 S. Kentucky Street 3220 Revere Place South Bend, IN 4663:� South Bend, IN 46619 South Bend, IN 46619 Tax ID: 018-4074-2722 Tax ID: 018-4107-3917 Tax ID: 018-4107-3923 25. Oliver Peterday 3212 Revere Place South Bend, IN 46619 Tax ID: 018-4107-3925 Area Pian Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Maglioui Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 January 24,2011 Area Board of Zoning Appeals 125 S.Lafayette,Suite 100 South Bend,Indiana 46601 RE:Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday. Februarv 2. 2011. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Variances A variance from cmy of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, 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 variance will not be c�'ected m a substantially adverse manner;and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. 1.The petition of Communitywide Federal Credit Union. The staff recommends denial of the sign variance for an increase in the allowable maximum square footage from 100 square foot to 126.27 square foot. As part of the 2004 npdate of the City of South Bend Zoning Ordinance, the sign ordinance was significantly revised. The intent of the sign ordinance is to eliminate excessive and confusing sign displays; maintain and improve the a�pearance of the City of South Bend as an aitractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property. Variances for increased size and number of signs undermine the intent of the sign ordinance, and any such request should have a cleaz relationship to unique site oonditions beyond the petitioner's control. It is our opinion that the 100 square foot minimum,as established by the ordinance,can accommodate the petitioner's needs. There are no unique on-site conditions such as topography, trees, signs, or other obstructions that is driving the need for a larger sign. Snecial Eacention/Snecial Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: E:IBomds ofZonrngAppealslArea Bom�d of Zoning Appeals120111[lJ Febraary.doc Serving South Bend,Lakeville,New Carlisle,North Liberty,Osceola,Roseland and St.Joseph County,Indiana (1) The proposed use will not be injzrrious 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 disirict in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. 6.The petition of School City of Mishawaka. The staff recommends the Special Use be sent to the County Council with a favorable recommendation for the temporary use for the stated period of time. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; A similar request was approved in August 2009 on Jackson Road for a period of 18 months. The staff is not awaze of any issues from that prior location. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The temporary use will disturb only one acre of a 58+acre pazcel. The size of the parcel buffers neighboring 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; Within the 300 foot buffer,there are only 3 structures. Again,the size of the pazcel maintains the agricultural character and use of the balance of the property. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The St. Joseph County — South Bend Comprehensive Plan Future Land Use Map makes no spec�c recommendation for this property. 7.The petition of Charles S Hayes,Inc. The staff recommends the Special Use be sent to the Common Council with a favorable recommendation. The staff recommends denial of the variances for the lattice type tower and landscaping. (I) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The site contains an existing tower. The staff is not aware of any issues with the existing tower and the presence of a second tower wwould not compromise the standards. (2) The proposed use will not injure or adversely a„�'ect the use of the adjacent area or property values therein; � Since a tower already exists,the addition of a second,shorter tower will not have an adverse affect on neighboring properties. (3) The proposed use will be consistent with the character of the district in which it is located and the tand uses authorized therein; The property is zoned GI General Industrial District. However,the property to the west across Franklin Street was recently rezoned to PUD for Ignition Pazk,an office/reseazch and industrial complex with high development standards. A lattice type tower with or without landscaping would not be consistent with future development in the area. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The future land use map identifies this area as industrial. Ci Plan Objective UD 1.4 Encourage cmractive and architecturally appealing designs for buildings to create distinctive,visual reference points in the community. A monopole tower and landscaping would create a more attractive site. E:IBoards ofZonfngAppealslArea Board ofZoningAppeals120111(2JFebruary.doc 8.The petition of 3300 Sample Street Associates. The staff recommends the Special Use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; All activities will take place indoors and therefore have no visual or noise impact beyond the building. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; . Since all activities will take place indoors,adjacent properties will not be impacted by those actiyities. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The south side of Sample Street between Pra.irie and Sheridan is zoned GI General Industrial District. Across the street is a multi-tenant center anchored by a convenience store. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The future land use map identifies this area as heavy industrial. Ci Plan Objective ED 1.2:Encourage the use of abandoned and underutilized land and structures. 9.The petition of Jeremy D Belcher. The staff recommends the Special Use be sent to the County Council with a favorable recommendation subject to: 1)the regulations for a gun shop, 154.106(B)(12),below,and 2)petitioner's commitment to not sell ammunition or store inventory. IS4.106(B)(12)Gun Shops and Gunsmith Shops,subject to the foRowing development standards: (a)No firearnts or ammunition shall be sold in cmy gun sales or gunsmith shops within two-hundred(200) feet of cnry: 1. Public or parochial school for children in cmy grades from K through 12; 2. Child care center;ar, 3. Child care ministry;and. (b) The operator shall reside in the dwelling unit located on the property as their primary place of residence. (1) The praposed use will not be injurious to the public health, safety, comfort, community moral . . . standards, corrvenience or general welfare; If the activities are limited as in our recommendation the effects will be minimized. (2) The proposed use will not injure or adversely a,fj`'ect the use of the adjacent area or property values therein; If the activities are limited as in our recommendation the effects will be minimized.The property is located in close proximity to the intersection of Ireland and Ironwood Roads. The zoning of that intersection is varied. (3) 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 located in close proximity to the intersection of Ireland and Ironwood Roads. The zoning of that intersection is varied. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The St. Joseph County — South Bend Comprehensive Plan Future Land Use Map makes no specific recommendation for this property. ' cerely, �� Christa Nayder � � Planner E:IBoards ofZoningAppealslArea Board ofZoningAppea1s120111[7JFebruary.doc AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 March 3, 2011 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of 3300 W. Sample Street Associates 3300 W. Sample St. ABZA 3/2/11 Dear Council Members: The above referenced petition of 3300 W. Sample Street Associates was legally advertised on January 19, 2011. The Area Board of Zoning Appeals gave it a public hearing on March 2, 2011, at which time the following action was taken: Upon a motion by Mr. Matthys, being seconded by Mr. Young and unanimously carried, the petition for Special Exception of 3300 Sample Street Associates for a BMX/skateboard training park, on property located at 3300 W. Sample Street 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, � `J Charles C. Bulot, C.B.O., C.F.M. Building Commissioner DFF/cah