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HomeMy WebLinkAboutSpecial Exception - 918 Oliver Plow Court & Adjacent to and East of 918 Oliver Plow Ct.RESOLUTION 4145 -12 Passed by the Common Council of the City of South Bend, Indiana January 23, 20 12 Attest: Presented by me to the Mayor of the City of South Bend, Indiana January 24, 20 12 City Clerk President of Common Council Approved and signed by me 2� 20 y2-. City Clerk RESOLUTION NO. H ( � J — ( L A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT (918 OLIVER PLOW COURT AND THE PROPERTY ADJACENT TO AND EAST OF SAID 918 OLIVER PLOW COURT, 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 of St. Joseph County, Indiana, for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Area Board of Zoning Appeals of St. Joseph County, Indiana 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 of St. Joseph County, Indiana 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 of St. Joseph County, Indiana, pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: (918 OLIVER PLOW COURT, SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception as allowed under Section 21 -04 -02 (2)(11)(iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 162,000 square feet (i.e. 3.72 ac.) which exceeds the maximum allowed outside storage area of 103,237 square feet or 2.37 ac. (i.e. 50% of the proposed lot property area of approximately 4.74 acres) for property located at 918 Oliver Plow Court, South Bend, Indiana per Section 21 -04 -02 (2)(B)(iii) of the City of South Bend Zoning Ordinance, and the Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals of St. Joseph County, Indiana, pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: (PROPERTY ADJACENT TO AND EAST TO 918 OLIVER PLOW COURT, SOUTH BEND, INDIANA) in order to permit: The Approval of a Special Exception as allowed under Section 21 -04 -02 (2)(D) of the City of South Bend Zoning Ordinance to allow for a Public Passive Park for property located East of and adjacent to 918 Oliver Plow Court, South Bend, Indiana. 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 of St. Joseph County, Indiana, 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 uses will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed uses will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed uses are 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 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-o-f 6e- Common Council r, t� fgen j�L3 -12- ,OT APP C)N ED TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 71 -11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3321 MISHAWAKA AVENUE, SOUTH ,BEND, INDIANA 46615, COUNCILMANIC DISTRICT 3 IN THE CITY OF 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. This bill was heard by the Zoning and Annexation Committee. Karen L. White Chairperson, Committee of the Whole OfIA Danch, 1-iarner & Associates, inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. Land Surveyors . Professional Engineers Landscape Architects . Land Planners Honorable Members of the City of November 14, 2011 South Bend Common Council 4th Floor County -City Building South Bend Indiana 46601 RE: Special Exception Petition for Rose Fuel & Materials, Inc. for property at 918 Oliver Plow Court and the property East of and adjacent to 918 Oliver Plow Court, South Bend, Indiana: Dear Council Members: Our clients are requesting the approval of two Special Exceptions for their properties located at 918 Oliver Plow Court and the property East of and adjacent to said 918 Oliver Plow Court, South Bend, Indiana. Our clients are reconfiguring their properties to create a Passive Public Park for the Oliver Plow Memorial site which will be given to the City and the existing Rose Brick & Materials site. The Special Exceptions will allow for the creation of the Passive Public Park as permitted per the City Ordinances and will also allow for them to continue to have their existing outside storage area located at 918 Oliver Plow Court. Our clients believe that the approval of the proposed Special Exceptions will fit with the existing industrial uses in this portion of the Oliver Plow Industrial Park and the proposed Passive Park will be a public amenity located along this portion of the Oliver Plow Trail system. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Harner & Associates, Inc. File # 110191 Md. "C" 1643 Commerce Drive . South Bend, IN 46628 208 West Mars . Berrien Springs, MI 49103 office 574/234 -4003 ■ 800/594 -4003 ■ Fax 574/234 -4119 office 269/471 -3010 ■ Fax 269/471 -7237 NO. NOTIFIED AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FILED , 20 20 HEARING , 20 APPEAL Applicant's Name: Rose Fuel & Materials, Inc. Phone 234 -2133 Address: 918 Oliver Plow Court, South Bend, Indiana 46601 Address of Property: 918 Oliver Plow Court & the property East of and, adjacent to 918 Oliver Plow Court all being in South Bend, Indiana 46601 Present Zoning of Properties: "GI" General Industrial District Owner's Name: Rose Fuel & Materials, Inc. Phone 234 -2133 Address: 918 Oliver Plow Court, South Bend, Indiana 46601 Counsel or Consultant: DANCH, HARMER & ASSOCIATES, INC. Phone 234 -4003 Address: 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at 9_18 Oliver Plow Court & the property East of and, adjacent to 918 Oliver Plow Court all being in South Bend, Indiana 46601 NATURE OF APPEAL: Special Exception Use Requests: A). Special Exception Request: PARCEL "A ": A). Approval of a Special Exception as allowed under Section 21 -04 -02 (2)(B)(iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 162,000 square feet (i.e. 3.72 ac.) which exceeds the maximum allowed outside storage area of 103,237 square feet or 2.37 ac. (i.e. 50% of the proposed lot property area of approximately 4.74 acres) for property located at 918 Oliver Plow Court, South Bend, Indiana per Section 21 -04- 02 (2)(B)(iii) of the City of South Bend Zoning Ordinance, and B) . Special Exception Request: PARCEL "B ": A). Approval of a Special Exception as allowed under Section 21 -04 -02 (2) (D) of the City of South Bend Zoning Ordinance to allow for a Public Passive Park for property 2 located East of and adjacent to 918 Oliver Plow Court, South Bend, Indiana, and the following Variance Requests: PARCEL "A ": 1). A Variance from the requirement of providing required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on- center along the North, East, South and West property lines to providing no perimeter landscaping; 2). A Variance from the required Screening of outdoor storage areas consisting of Type "C ": Full Screening along the North, East, South and West property lines in conjunction with providing a 6 ft. high chain link fencing to providing only the 6 ft. high chain link fencing which exists; 3). A Variance to be allowed to have outdoor storage located between the 30 ft. Front -yard setback along Oliver Plow Court and the front lot line along said Street (to a minimum of 1 ft.); 4). Variances to allow for outside storage in the 10 ft. Side -yard setback along the East and West property lines and in the 10 ft. Rear - yard setback along the South property line (to a minimum of 1 ft.); 5). A Variance from the minimum required 10 ft. Side -yard setback along the East property line to 0 ft. for the existing building, air conditioners and structure connecting the shown primary building and the existing smoke stack structure located on Parcel "B "; 6). A Variance from the minimum required 10 ft. Rear -yard setback along the South property line to 0.10 ft. for an existing accessory warehouse building; 7). A Variance from the requirement of a paved outside storage area to existing gravel for a portion of outside storage at the Southeast corner of the site as shown; PARCEL "B ": 1). A Variance to allow accessory structures including but not limited to an existing: smoke stack, a trellis, a statue, information plaques, benches and trash containers as shown without a primary structure; 2). A Variance from the requirement of providing required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet 3 on- center along the North, East, South and West property lines to being allowed to use the existing landscaping; 3). A Variance from providing the minimum required three (3) parking spaces for the existing passive park to providing no parking spaces; 4). A Variance from the maximum allowed height of 150 ft. for structures to a maximum height of 194 ft. for an existing smoke stack; 5) . A Variance from the minimum required 10 ft. Side -yard setback along the West property line to 0 ft. for the existing structure connecting the shown existing smoke stack and the existing primary building located on Parcel "A "; 6). A Variance from the minimum required 10 ft. Side -yard setback along the South property line to a minimum of 0.10 ft. for an existing trellis structure and pavers and to a minimum of 9 ft. for an existing smoke stack; 7). A Variance from the minimum required lot width and frontage of 150 ft. on a public street to a minimum of 123.05 ft. more or less. 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 "GI" General Industrial District. The Petitioners are working closely with the City of South Bend on a Streetscape, Trail system and Memorial Park project that is being done along Oliver Plow Court. These improvements will help to link the existing residential neighborhoods West of Arnold Street with amenities being constructed along Chapin Street and further to the East in downtown South Bend including the recently updated Coveleski Regional Stadium complex. The first phase of this Streetscape, Trail system and Memorial Park have been built as shown on the attached site plan. The next phase of development for this plan is to take the existing well - known Oliver Plow smoke stack structure and place it onto the recently completed Oliver Memorial Park site. The intent is to allow for the Petitioners to transfer the created park property to the City for a Passive Park that will be maintained by the City. The Petitioner's representatives met with the Building Department and Area Plan Commission staff's to discuss this project and to determine how to proceed with the creation of the Park site. The result of that meeting was the determination, that in order to allow for the transfer of the property as a Park to the City, a petition would be required to request the approval of two Special Exception Uses and several Variances for each of the two parcels involved. As shown the split proposed would have the existing Rose Brick & Materials facility located on Parcel "A" and the Passive Park located on Parcel "B ". Based on the present City Zoning Ordinances, the existing Rose Brick & Materials will require approval of a Special Exception to 4 allow them to continue to maintain their existing outdoors storage area. The reason a Special Exception is required, is that the Ordinance that went into effect in 2005, now states that any industrial use which has more than 50% of their gross land area used for outside storage must have a Special Exception approved for that exterior storage of materials.. This is a result of the fact that the property lines between Parcels "A" and "B" are being adjusted. This is also the reason that several variances will be required as well. The second Special Exception is required due to the fact that a "Passive Park" is allowed under the "GI" General Industrial District only as a Special Exception Use. Again, due to the fact the property lines are being adjusted between Parcels "A" and "B" to place the Oliver Plow smoke stack on parcel "B" this approval is need. There will also be Variances required for the.Passive Park as well. Based on the above explanation, the Petitioners would ask the following for Parcel "A ". They would ask for approval of a Special Exception as allowed under Section 21 -04 -02 (2)(B)(iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 162,000 square feet (i.e. 3.72 ac.) which exceeds the maximum allowed outside storage area of 103,237 square feet or 2.37 ac. (i.e. 50% of the proposed lot property area of approximately 4.74 acres) for property located at 918 Oliver Plow Court, South Bend, Indiana per Section 21 -04- 02 (2)(B)(iii) of the City of South Bend Zoning Ordinance. The Petitioners would state that they have maintained the outside storage area shown for the last several years. At the time they purchased the property, there was no requirement . that limited the amount or location of the outside storage areas. They desire to be allowed to keep the outside storage as it is an integral part of their business to have the materials on hand that their clients use for projects in South Bend and Northern Indiana. The availability is very important to keep projects on schedule. They would hope the Board Members would approve the request of the Special exception for the outside storage. They would ask the Board Members to agree that approval of the Special Exception to allow for additional outside storage 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 requirement of providing required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on- center along the North, East, South and West property lines to providing no perimeter landscaping. The 5 Petitioners would state that they have owned the property prior to the change in the Ordinance requiring the perimeter landscaping, and the only reason the perimeter landscaping is now being required, is due to the adjustment of a lot line and not due to an expansion of the existing use. Their property presently is surrounded by vacant land owned by the City and a trucking operation. The Petitioners do not believe approval of this Variance would have a detrimental affect on any surrounding property. The second Variance request is from the required Screening of outdoor storage areas consisting of Type "C ": Full Screening along the North, East, South and West property lines in conjunction with providing a 6 , ft. high chain link fencing to providing only the 6 ft. high chain link fencing which exists. As mentioned above the Petitioners have been storing materials outside since they have purchased the property. The requirement of moving over 1400 lineal feet of fencing, removing pavement and then adding landscaping along the perimeter of the site would be an extreme hardship in order to adjust a lot line and create a public park site. The Petitioners do not believe that approval of this Variance request would adversely affect any surrounding property. The third Variance request is to be allowed to have outdoor storage located between the 30 ft. Front -yard setback along Oliver Plow Court and the front lot line along said Street (to a minimum of 1 ft.) . This situation has existed for the past several years as shown on the attached site plan. They would prefer not to be required to remove the existing pavement, fencing and stored materials to shift all improvements back over 30 feet. The Petitioners would state that since the storage has been at this present location for several years, there should be no negative impact to surrounding properties if the Variance request were approved. The fourth Variance request is to allow for outside storage in the 10 ft. Side -yard setback along the East and West property lines and in the 10 ft. Rear -yard setback along the South property line (to a minimum of 1 ft.). The Petitioners would state that this variance request is the same as the previous request in that materials are stored within a foot of the side and rear property lines. To be in compliance would require the removal of several thousand square foot of pavement and as stated above removal and re- installation of over 1400 lineal feet of fencing. The Petitioners would hope, that with the Board Members knowing the adjacent properties are either vacant or contain a truck depot, they would agree, that it is not necessary to require a 10 ft. setback for the shown outside storage of materials. The fifth Variance request for Parcel "A" is from the required 10 ft. Side -yard setback along the East property line to 0 ft. for the existing building, air conditioners and structure connecting the shown primary building and the existing smoke stack structure located on Parcel "B ". As stated above, the Petitioners desire to separate the Passive Park property form their property with the end result being that the Oliver Plow smoke stack will be on the Park parcel. The Petitioners do not believe the approval of this request to adjust the common lot 3 boundary between the shown parcels will have a negative impact on any surrounding property. The sixth Variance is from the minimum required 10 ft. Rear -yard setback along the South property line to 0.10 ft. for an existing accessory warehouse building. This building was permitted to be at the property line when it was constructed several years ago. Based on survey work for the property the warehouse building actually sets 0.10 ft. off the property line. Due to the property lines being reconfigured the Petitioners are required to ask for a Variance from the present standards. The Petitioner would ask for approval of the existing warehouse building to be located to a minimum of 0.10 ft. from the property line. They do not believe approval of this Variance will be detrimental to any adjacent property as the building has existing for the past several years. The last Variance request is from the requirement of a paved outside storage area to existing gravel for a portion of outside storage at the Southeast corner of the site as shown. This gravel storage area has existed for the past several years as shown at the Southeast corner of the Petition site. The Petitioners do not plan to expand the outside storage area or the gravel area, as the rest of the shown outside storage is paved. The Petitioners would ask to be allowed to maintain this existing gravel area, as it has not created any problems with the adjacent properties. The truck facility located adjacent to and West of the gravel area is also gravel as well. The Petitioners do not believe approval of this Variance for a limited area of the site would adversely affect any surrounding property. Concerning Parcel "B" the Petitioners would request approval of a Special Exception as allowed under Section 21 -04 -02 (2) (D) of the City of South Bend Zoning Ordinance to allow for a Public Passive Park. The Petitioners as previously mentioned, desire to transfer Parcel "B" to the City for a Passive Public Park. They would ask the Board Members to agree that approval of the Special Exception to allow for a Passive Public Park 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 "B ", the first Variance the Petitioners are requesting, is to allow accessory structures, including but not limited to an existing: smoke stack, a trellis, a statue, information plaques, benches and trash containers as shown without a primary structure. This request is due to the fact that 7 with the Passive Park being created, there is no primary structure. The improvements shown on Parcel "B" are considered accessory structures by the Ordinance, even though these are typical improvements within a park. The Petitioners do not believe there would be an adverse impact on any surrounding property if the requested Variance were approved. The second Variance request is from the requirement of providing required perimeter landscaping of one (1) deciduous tree at a minimum spacing of 40 feet on- center along the North, East, South and West property lines to being allowed to use the existing landscaping. The Park as shown has extensive landscaping located throughout the site including shrubs, grasses, vines, ground cover and perennials. The Petitioners believe the park site as designed meets the intent of the City Ordinances with regards to site landscaping. The third Variance request is from providing the minimum required three (3) parking spaces for the existing passive park to providing no parking spaces. The Petitioners would state that the intent of this Park is to be passive in nature, and was designed to be enjoyed by pedestrians using the trail system along Oliver Plow Court. For the few occasions where a Park user would drive to the site, the Petitioners do not have a concern if the Park users park in front of their building on Parcel "A ". The Petitioners do not believe approval of this Variance would have a negative impact on any adjacent property. The fourth Variance request is from the maximum allowed height of 150 ft. for structures to a maximum height of 194 ft. for an existing smoke stack. The Petitioners as stated above are reconfiguring the parcels to create a separate park site and since the smoke stack is being placed on the new parcel, a Variance is required for the height of the structure. The Petitioners would ask for approval of this Variance, as it would not adversely affect any surrounding property. The fifth Variance request is from the minimum required 10 ft. Side - yard setback along the West property line to 0 ft. for the existing structure connecting the shown existing smoke stack and the existing primary building located on Parcel "A ". This request is to allow for the connecting structure between the smoke stack and the original building on Parcel "A" to remain. The approval of this Variance will not have a negative impact on any adjacent property. The sixth Variance request is from the minimum required 10 ft. Side - yard setback along the South.property line to a minimum of 0.10 ft. for an existing trellis structure and pavers and to a minimum of 9 ft. for an existing smoke stack. This Variance is required to allow for the reconfiguration of the common lot line between Parcels "A" and "B ". The boundary was created based on the location of existing improvements on each parcel. The adjacent property to the East is owned by the City of South Bend and is presently vacant. The approval of this Variance would have no adverse impact on any surrounding property. The last Variance request is from the minimum required lot width and frontage of 150 ft. on a public street to a minimum of 123.05 ft. more or less. This request is needed to allow for the reconfiguration of the parcels. The lot was originally platted prior to the creation of the 8 "GI" General Industrial classification, which requires the minimum 150 ft. of frontage. The approval of this Variance should not have an adverse impact on any adjacent property. The Petitioners would ask the Board Members to agree that approval of the above described, Special Exception Use requests and Variance requests 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 contends 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 Special Exception uses and Variances are sought: that the need for the Special Exception Uses and Variances 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 Special Exception Uses and Variances will not be injurious to the public health, Safety, morals, or general welfare of the community. I attest, under the penalties for - perjury, that the foregoing representations are true. Michhel'J. Danch President Danch, Harner & Associates, Inc. AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 Fax: (574) 235 -5541 December 8, 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 Rose Fuel & Materials, Inc. ABZA 12/7/11 Dear Council Members: The above referenced petition of Rose Fuel & Materials, Inc. was legally advertised on November 17, 2011. The Area Board of Zoning Appeals gave it a public hearing on December 7, 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 from the maximum allowable 103,237 square feet to 162,000 square feet for outside storage and to allow a Public Passive Park, on property located at 918 Oliver Plow Ct. and property east and adjacent to 918 Oliver Plow Ct., 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, �Z/ Mark A. Lyons Assistant Zoning Administrator MAL /cah