HomeMy WebLinkAboutSpecial Exception - 700 West Ireland Road RESOLUTION
4109-11
Passed by the Common Council of the City of South Bend, Indiana
June 13, 11
20
Attest: City Clerk
Attest� � President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
June 14, 20 11
- �_ _ City Clerk
Approved and signed by me J u n e 14 20 11
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RESOLUTION NO. 1, �� \—� l
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 700 WEST IRELAND ROAD,
SOUTH BEND, IN 46614
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: 700 West Ireland Road, South Bend,
Indiana 46614
in order to permit the incidental sale of firearms as a part of Wal-Mart Supercenter retail store.
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:
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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.
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Member of the Common Council
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
11-28 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 700 WEST IRELAND
ROAD, SOUTH BEND, IN 46614
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 and Annexation Committee.
Timothy Rouse
Chairperson, Committee of the Whole
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Plan of Operation
Proposed Sale of Firearms
Wal-Mart Stores East, LP, 700 West Ireland Road, South Bend
Introduction
Wal-Mart Stores East, LP ("Wal-Mart") operates a Wal-Mart Supercenter on
approximately 23 acres located at what is commonly addressed as 700 West Ireland
Road, South Bend(the"Store").
The Store contains over 200,000 square feet of gross floor area, and sells a variety
of hard and soft goods. One category of goods currently sold at the Store is sporting
goods. Within this category, Wal-Mart sells a variety of goods related to camping,
hunting and fishing. Wal-Mart desires to add an assortment of rifles and shotguns to this
category of sporting goods available for sale at the Store. Wal-Mart is or will be selling
similar goods in a number of stores in Indiana, as shown on Exhibit "A". The South
Bend Zoning Ordinance requires that a special exception be obtained in order for a retail
store to sell firearms. After discussing the proposal with two City Councilors, Wal-Mart
has put together this "plan of operation", which shall be considered as a portion of its
Special Exception Petition, in order to provide transparency as to its intentions and
certainty in its operation with respect to the sale of firearms.
Assortment/Location
Wal-Mart shall limit sales of firearms to rifles and shotguns intended solely for
hunting and target shooting. There shall be no sales of handguns or tactical guns at the
Store.
All firearms and ammunition shall be sold in the sporting goods department, and
shall be kept in locked/secure display cases, with the exception of some shotgun shells
that are typically used for clay target shooting. The initial location of such items is
shown on the"plan o gram" attached hereto as Exhibit"B".
Operations
Wal-Mart has several policies to insure the safe sale of firearms. First, all persons
desiring to purchase a firearm are subject to a background check, unless a specific state
statute allows for an exemption for those individuals who carry a valid local concealed
weapon permit, an "official duty" purchase or if an individual carries a valid federal
firearm license. Only when the background check agency provides a "proceed" response
may the sale take place.
All sales will take place at the sporting goods counter (See Exhibit "B"), and a
member of store management must escort the customer from the Store to the customer's
vehicle.
Conclusion
Wal-Mart desires and intends to sell firearms and ammunition responsibly, in
order to maintain a high degree of public safety. Because the City of South Bend,
through its Zoning Ordinance, requires a special exception for such sales, it too places a
premium on public safety. By submitting this Plan of Operation, Wal-Mart is providing
assurances to both the Board of Zoning Appeals and the City Council that the
requirements for granting a Special Exception will be met.
1840123v1
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AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana�46G01
(574) 235-9554
Fnx: (574) 235-5541
Apri17, 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 Wal-Mart Stores East, LP
ABZA 4/6/11
Dear Council Members:
The above referenced petition of Wal-Mart Stores East, LP was legally advertised on March 24,
201 l. The Area Board of Zoning Appeals gave it a public hearing on Apri16, 2011, at which
time the following action was taken:
Upon a motion by Mr. Velleman being seconded by Mr. Hawley and unanimously
carried,the petition for Special Exception to allow for a gun shop and for the sale of �
firearms, on property located at 700 W. Ireland 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,
������ �
Charles C. Bulot, C.B.O.
Building Commissioner
CCB/cah
__ __
_ _ __ _ _ _ _ _ _
WAL-MART STORES EAST, LP
SPECIAL EXCEPTION PURSUANT 21-09.3(D) .
AREA BOARD OF ZONING APPEALS
FINDINGS OF FACT
]. 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 the 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 1S LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
Conditions on the property predat�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 iYs 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 APRIL,201 1.
YES NO
� MICHAEL URBANSKI
ABSENT RANDALL MATTHYS
� JACK YOUNG
� GBRALD PHIPPS
� ROBERT HAWLEY
0 JOE VELLEMAN
0 BRENDAN CRUMLISH