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HomeMy WebLinkAbout07-14-08 Council Meeting Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, JULY 14, 2008 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL N0. 24-08 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT N0. 6, IN THE CITY OF SOUTH BEND, INDIANA 33-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS 8. BILLS, THIRD READING BILL N0. TIME: 18-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCLMANIC DISTRICT ONE, WILLIAM A. GEYER, 52610 PORTAGE RD., SOUTH BEND, INDIANA 25-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH'; COUNCILMANIC DISTRICT 1, WAGGONER FARM DEVELOPMENT, L.P. SECTION 2, 51270 MAYFLOWER ROAD, SOUTH BEND, INDIANA 24-08 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT N0. 6, IN THE CITY OF SOUTH BEND, INDIANA 33-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS 9. RESOLUTIONS BILL N0. 08-53 A RESOLUTION CONFIRMING THE ADOPTION OF A _ DECLARATORY RESOLUTION 'DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1401 SOUTH MAIN STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR (5) REAL PROPERTY TAX ABATEMENT FOR 1ST SOURCE LAND TRUST #13 (ROBERT F. JAGGER) D/B/A OLD FORT BUILDING SUPPLY OF SOUTH BEND, INC. 10, BILLS, FIRST READING 11. UNFTNISHED BUSINESS A. REPORTS FROM BOARD OF ZONING APPEALS 1. BILL NO. 08-60 - SPECIAL EXCEPTION - PROPERTY LOCATED WEST OF 2801 MAIN ST., EAST OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN ST. AND NORTH OF 3107 MAIN STREET 2. BILL N0. 08-61 - SPECIAL EXCEPTION - 264.02' S. OF 1717 HICKORY ROAD 12. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS 13. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING 14. ADJOURNMENT TIME: ~' ~. REVISED 5/23/08 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF- WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, - INDIANA 46614 COUNCILMANIC DISTRICT,NO. 6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROFERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614, IS PRESENTLY ZONED "LI" LIGHT INDUSTRIAL DISTRICT AND "GI" GENERAL INDUSTRIAL DISTRICT AND CONTAINS AN EXISTING INDUSTRIAL BUILDING AND OPEN PARKING AREA AND STORAGE AREAS. ALL THE PROPERTIES ARE REQUESTED TO BE REZONED TO THE "GI" GENERAL INDUSTRIAL DISTRICT TO ALLOW FOR FUTURE PERMITTED INDUSTRIAL USES INCLUDING A VEHICLE IMPOUNDMENT LOT AND VEHICLE PROCESSING AND SALVAGE FACILITY. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE N0. 9495-04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT PART OF THE SOUTHWEST AND NORTHWEST QUARTERS OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A PORTION OF SAID QUARTER SECTIONS INCLUDING LOTS AND VACATED STREETS AND ALLEYS LOCATED IN A PORTION OF THE PLAT OF ^OAKSIDE THIRD ADDITION" AS RECORDED IN PLAT BOOK # 9 ON PAGE # 32 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICURALY DESCRIBED-AS: BEGINNING AT THE NORTHEAST CORNER OF LOT # 95 OF SAID PLAT: THENCE S. 00°-28' -55" W. ALONG fiHE WEST LINE OF A 14 FT. WIDE PUBLIC ALLEY A DISTANCE OF 451.29 FT. TO THE SOUTH RIGHT-OF-WAY LINE OF WOODSIDE STREET AS IT PRESENTLY EXISTS; THENCE ALONG SAID PRESENT SOUTH LINE, N. 89°-17'-22" E. A DISTANCE OF 178.23 FT. TO THE WESTERLY RIGHT-OF-WAY LINE SOUTH MAIN STREET; THENCE ALONG SAID WESTERLY LINE FOR THE NEXT TWO (2) COURSES, S. 00°-35'-50" W. A DISTANCE OF 217.27 FT. AND S. 05°-04'-41" W. A DISTANCE OF 400.98 FT.; THENCE S. 89°-23'-31" W. A DISTANCE OF 570.94 FT. (REC. 570.10 FT.) TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF THE CONRAIL RAILROAD (AKA PENN CENTRAL RAILROAD); THENCE ALONG SAID EASTERLY LINE AROUND A 5781.44 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 1127.10 FT. TO THE END OF A CHORD WHICH BEARS N. 17°-53'-25" E. AND HAVING A DISTANCE OF 1125.31 FT. TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF OAKSIDE STREET; THENCE N. 89°-25'-27" E. ALONG SAID SOUTH LINE A DISTANCE OF 88.55 FT. TO THE POINT OF BEGINNING. CONTAINING 8.19 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. z BE AND THE SAME HEREBY ESTABLISHED AS "GI" GENERAL INDUSTRIAL DISTRICT. c~nTT!'1).T TT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. MEMBER OF THE COMMON OUNCIL ATTEST: Signing of this bii! is enfv to provide an opportunity for puLlic hearing and Council action on This issue. CITY CLERK PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE DAY OF , 2 , AT O'CLOCK M. CITY CLERK APPROVED AND SIGNED BY ME ON THE DAY OF , 2 , AT O'CLOCK .M. MAYOR, CITY OF SOUTH BEND, INDIANA ~ sfi R13~CDIRG S l L'~~ PUBLIC HEARIRG 3 rd READING ~b~'3F APP'1~~5' ~ ~~~ Find in CI~r~'~ ~~fice MAY 2 g 2~'~S ~~i91'1'~©GRUE CITY CLERK, BQ. B~taD,1N. LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST AND NORTHWEST QUARTERS OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A PORTION OF SAID QUARTER SECTIONS INCLUDING LOTS AND VACATED STREETS AND ALLEYS LOCATED IN A PORTION OF THE PLAT OF "OAKSIDE THIRD ADDITION" AS RECORDED IN PLAT BOOK # 9 ON PAGE # 32 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICURALY DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF LOT # 95 OF SAID PLAT: THENCE S. 00°-28'-55" W. ALONG THE WEST LINE OF A 14 FT. WIDE PUBLIC ALLEY A DISTANCE OF 451.29 FT. TO THE SOUTH RIGHT-OF-WAY LINE OF WOODSIDE STREET AS IT PRESENTLY EXISTS; THENCE ALONG SAID PRESENT SOUTH LINE, N. 89°-17'-22" E. A DISTANCE OF 178.23 FT. TO THE WESTERLY RIGHT-OF-WAY LINE SOUTH MAIN STREET; THENCE ALONG SAID WESTERLY LINE FOR THE NEXT TWO (2) COURSES, S. 00°-35'-50" W. A DISTANCE OF 217.27 FT. AND S. 05°-04'-41" W. A DISTANCE OF 400.98 FT.; THENCE S. 89°-23'-31" W. A DISTANCE OF 570.94 FT. (REC. 570.10 FT.) TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF THE CONRAIL RAILROAD (AKA PENN CENTRAL RAILROAD); THENCE ALONG SAID EASTERLY LINE AROUND A 5781.44 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 1127.10 FT. TO THE END OF A CHORD WHICH BEARS N. 17°-53'-25" E. AND HAVING A DISTANCE OF 1125.31 FT. TO A.POINT OF INTERSECTION WITH THE SOUTH LINE OF OAKSIDE STREET; THENCE N. 89°-25'-27" E. ALONG SAID SOUTH LINE A DISTANCE OF 88.55 FT. TO THE POINT OF BEGINNING. CONTAINING 8.19 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. ~it~d ~~ ~~~r'~'~ ~!~~~ i.4 AY 2 ~~ 2G09 Ct'fY CL~R~, ~0.8~~~D, !N. DATE FILED APPLICATION NO. ~~ ~7/ i ~ S DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED.' 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: ORANGENSAFT, LLC 202 LINCOLNWAY EAST, SUITE 200 MISHAWAKA, INDIANA 46544, PHONE NUMBER (574) 284-2610. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: "LI" LIGHT INDUSTRIAL DISTRICT & "GI" GENERAL INDUSTRIAL DISTRICT TO: "GI" GENERAL INDUSTRIAL DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). PERMITTED INDUSTRIAL USES INCLUDING A VEHICLE IMPOUNDMENT LOT AND VEHICLE PROCESSING AND SALVAGE FACILITY. 6). ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND TAE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE , DRAWN TO SCALE , WHICH INCLUDES STREET NAMES , PRINTED IN 8 3*z" x 11" FORMAT. ,/ // '~ SIGNED, MICHAEL P. MORRIS FOR ORANGENSAFT, LLC 202 LINCOLNWAY EAST, SUITE 200 MISHAWAKA, INDIANA 46544, PHONE NUMBER (574) 284-2610. PETITIONED PREPARED BY: CONTACT PERSON (IF DIFFERENT): DANCH, HARNER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628, PHONE NUMBER (574)-234-4003 h~ AY 7. 9 2DD8 ~a;~ra vG~~ov GETY CLERK, ~0. BAND, Ill. 140 C,Ot7NTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD Soon-IBErro,INDIANa 46601-1830 PHONE 574/ 235-9241 Fax 574/235-9892 TDD 574/235-5567 CITY OF SOUTH BEND STEPHEN J. LiJECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY May 2O, 2008 CHIEF ASSISTANTCITYATTORNEY Mr. Timothy Rouse ~ ` ~ ~ ~ ~ , ~~ .~~ President, South Bend Common Council 4`h Floor, County-City Building South Bend, IN 46601 Re: Ordinance Amending Chapter 2, Article 5 of the South Bend Municipal Code Dear Mr. Rouse: On May 12, 2008 the South Bend Common Council passed Bill 22-08 which authorizes the Board of Public Works at the request of the City Controller to make claim payments in advance of Board allowance of such claims. Authority for this procedure is derived from Indiana Code § 36-4-8-14. During the Council's deliberations on Bill 22-08, Council's attorney recommended that the South Bend Municipal Code be amended to codify this authority. The attached ordinance will do just that. I will present this ordinance to the Common Council at its committee meeting and at the public hearing. I thank you in advance for your favorable consideration of this ordinance. Sincerely, ' ~~ `,~ ~:- Aladean M. DeRose Chief Assistant City Attorney AMDlcw cc: Kathleen Cekanski-Farrand THOMAS L. BDDNAR CHERYL A. GREENE ANN-CAROL HASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN F,. BRODEN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS STATEMENT OF PURPOSE AND INTENT On May 12, 2008 the South Bend Common Council approved and passed Bill 22- 08 which authorized the Board of Public Works upon request of the City Controller to make claim payments in advance of Board allowance of such claims pursuant to Indiana Code § 36-4-8-14. Bill 22-08 authorized this procedure in full conformity with Indiana Statute, and it is now necessary to codify such authority within the South Bend Municipal Code. 1V'OW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section I. Chapter 2, Article 5 of the South Bend Municipal Code is hereby amended to add a new Section 2-50.1 which shall read as follows: Section 2-50.1 Preapproved Payment of Claims Unless otherwise required by State law (Indiana Code § 36-4-8-14}, the Board of Public Works of the City of South Bend, Indiana, on request of the City Controller, may make claim payments in advance of Board allowance of such claims for the following kinds of expenses: (1) Property or services purchased or leased from the United States government, its agencies, or its political subdivisions; (2) License or permit fees; (3) Insurance premiums; (4) Utility payments or utility connection charges; (5) General grant programs where advance funding is not prohibited and contracting party posts sufficient security to cover the amount advanced; (6) Grants of state funds authorized by statute; (7) Maintenance or service agreements; (8) Leases or rental agreements; (9) Bond or coupon payments; (10) Payroll; (11) State, federal; or county taxes; (12) Expenses that must be paid because of emergency circumstances; (13) Fees and expenses related to real property transactions such as the cost of obtaining title information, and the recording of documents; and (14) Other expenses expressly permitted by state statute as amended from time-to-time. Each payment of claim made shall be supported by a fully itemized invoice or bill and certification of the City Controller, and the Board of Public Works shall review and allow the claim at its next regular or special meeting following the pre-approved payment of the expense. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member, South Bend Common C ncil Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of 2008, at o'clock .m. City Clerk Approved and signed by me on the day of , 2008, at o'clock . m. Est R~ADl~lG S -2~1-Jg PU3L{C HEAR{r~G 3 rd 2EAD!!~"G :''~~~ T p.^r?40VED j~:r'=ERED P~,SSED Mayor, City of South Bend, Indiana s !6H~ ( ~ LU '~i JbNP~ `i~7t^.R3E CITY CLErilt, Sp. E}EP;D,1'd. Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 May 21, 2008 ~ 1 The Honorable Council of the City of `~~ ~ `~ ! ~ -- South Bend 4th Floor, County-City Building South Bend, TN 46601 RE: A proposed ordinance and site development plan of William A. Geyer to zone from R Single Family District (County) to CB Community Business District (City), property located at 52610 Portage Road, City of South Bend - APC# 2472-08 Dear Council Members: I hereby Certify that the above referenced ordinance of William A. Geyer was legally advertised on Thursday, May 8, 2008 and that the Area Plan Commission at its public hearing on Tuesday, May 20, 2008 took the following action: Upon a motion by John DeLee, being seconded by Dan Brewer and unanimously carried, the proposed ordinance and site development plan of William A. Geyer to zone from R Single Family District (County) to CB Community Business District (City), property located at 52610 Portage Road, City of South Bend is sent to the Common Council with a favorable recommendation subject to a written commitment that will provide a 24 foot wide ingress and egress easement to connect with the easement provided on the property to the north. The rezoning is a logical expansion and in-fill of the existing commercial area. The property, which is currently within St. Joseph County, is surrounding by the City of South Bend. The rezoning will compliment the existing land uses in the area. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, `t,rt. G~ l~f (~~c~tti ohn W. Byorni JWBar Attachment ~6~°`.~ ~B ~~~1' ~'~ ~~fiCB h9AY 2 1 2008 aw;~ra v~c~~e C11'Y Cl.~i,:S, 8Q. 6Ftti), -N. CC: William A. Geyer Jerry Rafferty J. Bernard Feeney Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2472-08 Owner: William A. Geyer Location: 52610 Portage Road Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from R Single Family District (County) to CB Community Business District (City) to allow commerciaUrestaurant uses. Land Uses and Zoning: On site: The site is currently vacant land. North: To the north are businesses zoned CB Community Business District. East: To the east are apartments zoned MF2 High Density Multifamily District. South: To the south are businesses zoned CB Community Business District. West: To the west are businesses zoned CB Community Business District. District uses and development standards: The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is approximately 0.85 acres. The site plan shows a proposed 4,500 square foot building. Buildings will cover approximately 12% of site. The proposed development indicated 25 parking spaces. Parking and drives will consist of approximately 49% of the site. The remaining 39% of the site will consist of open space. One access point is provide off of Portage Road. The petitioners are requesting a variance on the rear yard het back from 20' to 10'. Zoning and land use history & trends: There have been several rezoning and annexations in the area within the past several years for both commercial and office type developments. Traffic and transportation considerations: Portage Road has four lanes and widens to four lanes plus a turn lane at its intersection with Appaloosa. Utilities: The site will be served by municipal sewer and water. Additional information: (Agency comments) 5 Criteria (per IC 36-7-4-603): Land Use Plan: City of South Bend -City Plan, November 2006 The Future Land Use Map identifies this general area as commercial. The rezoning is consistent with the comprehensive plan's Future Land Use Map. William A. Geyer #2472-08 Page 1 of 3 2. Current conditions and character: The site is currently vacant. The area is a mixture of commercial and multifamily in character. 3. Most desirable use: The most desirable use for the property is commercial. 4. Conservation of property values: The surrounding properly values should not be affected by the rezoning. 5. Responsible development and growth: It is responsible development and growth to allow infill development in a commercial area. Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation subject to a written commitment that will provide a 24' wide ingress & egress easement to connect with the easement provided on the property to the north. Analysis: The rezoning is a logical expansion and in-fill of the existing commercial area. The property, which is currently within St. Joseph County, is surrounding by the City of South Bend. The rezoning will compliment the existing land uses in-the area. William A. Geyer #2472-08 Page 2 of 3 n i ng Key COUNTY "R" SINGLE FAMILY ~;' SOUTH BEND'MF2" HIGH-DENSITY MULTIFAMILY SOUTH BEND'OB' OFFICE BUFFER ® SOUTH BEND'CB" COMMUNITY BUSINESS N W E s 1 inch equals 3~~ feet APC # 2472-08 William A. Geyer #2472-08 Page 3 of 3 Rezoning from: "R" SINGLE FAMILY to "CB" COMMUNITY BUSINESS ORDINANCE NO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT ONE, WILLIAM A. GEYER, 52610 PORTAGE RD, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT. A Petition for the voluntary annexation and for the zoning of 0.85 acres located in German Township; St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district of this territory THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: Apart of the West Half of the Southwest Quarter of Section Numbered 22, Township Numbered 38 North, Range Numbered 2 East, lying East of the State Road leading from South Bend to Niles, Michigan, known as Portage Highway, more particularly described as follows, to-wit: Beginning at the intersection of the East and West center line of said Section Numbered 22, Township and Range aforesaid with the center line of said Portage Highway; thence Southeasterly along the center line of said highway a distance of 385 feet to the point of beginning of this description; thence Northeasterly at right angles to the center line of said Portage Highway, 209.38 feet to a point on the East line of the West Half of the Southwest Quarter of said Section Numbered 22; which point is 283.6 feet South of the East and West center line of said Section Numbered 22; thence South along the East line of the west Half of the Southwest Quarter of said Section Numbered 22, 503.25 feet to a point in the center line of said Portage Highway; thence Northwesterly with the center line of said Highway, 176.5 feet to a point; thence continuing Northwesterly with the center line of said highway, 363.9 feet to the place of beginning. Excepting from the above described tract of land a parcel more particularly described as beginning at a point on the East line of the West Half of the Southwest Quarter, said point being 283.60 South of the East-West centerline of said Section 22; thence continuing South 00°00'00" East, a distance of 4.73 feet; thence South 69°10'06" West, a distance of 167.71 feet to the Easterly right-of--way line of Portage Road; thence along said right-of- way line North 20°43'37" West, a distance of 5.15 feet; thence North 69°24'54" East, a distance of 169.38 feet to the point of beginning. Subject to legal highways. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate,-with the exception of all adjacent rights-of--way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as zone CB - Community Business District provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 , at o'clock .m. Mayor of the City of South Bend ag 1 sr F,EA,D,NG 3-may" PUBLIC F~EAP.ING ~ rd READING NOT APPROVED SASSED ~f~k~ ElZ ~I~C~.'~ ~$f6C~' ti~AR 1 9 2008 JOHN VOORDE CITY CLERK, SQ. BEND, IN. PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in German Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) I (We) amaze the owner(s) (hereinaRer "petitioner" or "petitioners") of a parcel of land more particularly described in Exhibit "A". 2) Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3) That this Petition is signed by at least (CHECK ONE):. X a. one-hundred percent (100%) of the owners of the land in the territory sought to be annexed; OR _ b. fifty-one percent (51%) of the owners of the land in the territory sought to be annexed; OR _ c. the owners of seventy-five percent (75%) of the total assessed value of the land for properly tax purposes. 4) The property sought to be annexed and rezoned is located at: 52610 Portage Road, South Bend, Indiana 46628 5) The Property Tax Key Number(s) is: 04-1014-024201 6) The name and address of the property owner(s) of the petition site is/are: William A. Geyer, P.O. Box 229, Lakeville, Indiana 46536 7) The name and address of the contingent purchaser(s), if applicable, is/aze: Jerry Rafferty, 6079 East 300 S, Franklin, Indiana 46131 8) The parcel is 0.85 acres in size and currently has the following use(s) on it: vacant land 9) Number of people currently residing on the property: 0 10) It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: R -Single Family Residential To City of South Bend zoning classification: CB -Community Business District for the following use(s): Commercial /Restaurant PETITION FOR THE V OLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND. INDIANA (Cont.) 11) The anticipated "build-out" year for the project: 2008 / 2009 12) The following information has been submitted with the Petition: 1. a legal description of the property, titled as Exhibit "A "; 2. a list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3. seventeen (17) site plans; 4: addressed, stamped envelopes for all property owners within 300 feet of the petition property. 13) The signature(s) of all property owner(s), or Attorney for all property owner(s) Signed: ~ ~`j ~ ~- ~~ - QI/~ William .Geyer P.O. Box 229 Lakeville, Indiana 46536 Phone: (574) 340-8638 14} Name, Address & Phone Number of Contact Person/Preparer: J. Bernard Feeney Lang, Feeney & Associates, Inc. 715 South Michigan Street South Bend, Indiana 46601 phone: (574) 233-1841 fax: (574) 674-0374 Flled In ClErlc's Ofifl~e MAR 1 9 2008 JOtIN S~ 6RND,iN. CI'T`l CORK, '~~:~~ ~.I~~ ZS~~~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, {NDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 1 Waggoner Farm Development, L.P., Section 2 51270 Mayflower Road South Bend, IN 46628 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 1.59 acres located in German Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, {ndiana, shall be and hereby is annexed to and brought within the City of South Bend: A PART OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 17 AT A POINT 1330.1 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 17; THENCE EAST ALONG THE NORTH LINE OF PARCEL II AS DESCRIBED IN A WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0807739 IN THE OFFICE OF RECORDER OF SAID COUNTY, A DISTANCE OF 1466.7 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SAID NORTH LINE, A DISTANCE OF 274.00 TO THE EAST LINE OF PARTITION LOT N0.2 AS SHOWN ON THE PARTITION MAP IN DEED RECORD 56, PAGE 271 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH, A DISTANCE OF 253.00 FEET; THENCE WEST, A DISTANCE OF 274.00 FEET; THENCE NORTH, A DISTANCE OF 253.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.59 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, COVENANTS, RESTRICTIONS AND RIGHT-OF-WAY OF RECORD. ALL BEARING AND DIMENSIONS ARE PER SAID RECORDED INSTRUMENTS REFERENCED HEREIN. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. MEMBER OF THE COMMON C UNCIL Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of o'clock .m. 2 , at Mayor, City of South Bend, Indiana 1st READING ~-~~--Jg pUBLfC HEARING 3 rd P.EADfNG NOT F.ppROYED REFERRED pA sSED ~ii~d I~t C{erk';a Qfifi~~ MAY - 7 2008 JRNN VOOFlDE CITY CLEt,K, SQ. E7EPdD, IN. PETITION FOR THE VOLUNTARY ANNEXATION INTO THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, for land in German Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) (We) am/are the owner(s) (hereinafter "petitioner" or "petitioners") of a parcel of land more parficular{y described in Exhibit "A". 2J Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, by proper ordinance. 3) This Petition is signed by at least one-hundred percent (100%) of the owners of the land in the territory sought to be annexed 4) The property sought to be annexed is generally located at: 51270 Mayflower Road, South Bend, IN 46628 5) The Property Tax Key Numbers are: 04-1009-0147.19 . 6) The name and address of the contingent purchaser(s), if applicable, is/are: City of South Bend 7) The parcel is 1.59 acres in size and currently has the following use(s) on it: 04-1009-0147.19 is currently single family residential. 8) The parcel will be used for the following use(s): Potential transportation enhancements. 9) The number of current residents in the annexation area: 1. 10) The anticipated "build-out" year for the project: Not applicable 11) The proposed number of parcels: Not applicable 12) The proposed miles of new roadways: Approximately 1,720 feet The signature(s) of all p operfy owner(s), or Attorney for all property owner(s) Signed: ohn . Phair, arfner goner Farm Development, L.P. Address: 227 South Main Street, Suite 300, South Bend, IN 46601 Phone Number: (574) 217-4498 Name, Address & Phone Number of Contact PersonJPreparer: Derek J. Spier, AICP Planner Abonmarche Consultants, L.L.C. 750 Lincoln Way East South Bend, IN 46601 (574) 232-8700 MAY - 7 2008 CffY C~~~4t, ~ ADAM "--r---°~r`` `~ ~~1~$330 84 r -- ~A" TNC6 MIHOfi 9U6. 12 e.T 163.T6 163.75 ., ~~ 163.75 rG3.7 16J•' I '. . 275.74 YAg NAJOR 6uB 9 ~ o +i ., ~: ~i - I I _ ia3.r6 '~ 19-019 T.II ege +, (','•' ~'~ `='`` I a v ti ~t _ - - s'.. I I o ~ `> }~ I I '" °~ ti' ~ 11!.80 2 P ~ e. F4¢ 'Y ¢ F:c. . u f=: 111 I I o m /, , K! `ir I o s ,. lii, "~ ~ p I I M1 ~ o u V~ ~;!U'.' V o I I 123.62 16].77 p pN V p p _p +4~t. ~ O O ~-M11' ~ 04-1009 ° ° O p ~ o m • I I - I m v h u I: ~ M ~j~ Q ~ «, ` I . 9• a+zxa -al9rze ' I . u{ ~~' I I v J~ ~ I 4~5: 16377 p ~ P';, 1" I 287.79 .:: ~:~ i1 ^~ I N n~ ~ l fJ.: ' I I ~ ~ ~~~~ I N F e„ the I ~.• I ~~:. Q I a ¢U N yl' I ~/'T1MEU I ZO J o Y u ~~ ~ ~~.. ~ ! I ~~~. c 2 m ze763 1134.07 ~5, I P2oPQSE1I "7 m /) ~j ~.y ~,.~^~ - ~ 274' ~~ / .I Rt.[r.1~A-77n'Y ~ Pf 1 (j f~REF4 f ~nla1..IC~ ^ I=/! Pf // m ~kE.4 P{,ro/47 /9 / may' PA ro.13 ~NrJE~cT~T o PJ.•oMLgV -Ph rasa n / ~ / Z7Q' r 2 11 ///, ' ~ 14azzr r ~', ~P{: 13 ~OIa71GU1T~( CP&JDING~ = ZS3 ~. Pfi /3 - ~P{-a/4zoa ~~ '`~ ~ F}~ /6 !8 z Q' P{-ol4za4 70TAi QoJw1DF~(L~ = IOS4 r P{. !!. ra Gq.2Ti6.UtTy / [1~F.n+DWC~ =24' ai ~ Pf. 14 T ~ Pd l4 ~ GU22EN"(- GIT-( LlM1~S ,_ `, . cf1-s7- RIGI+~ -oF- wA--I u,/F of Mf~~(F,_aw~ 2oAa ~ '~~ ~ ' a n3eo ~:~.; ~ : r rolazzz nA» - P>< l5 ~ ~ ;; PF /5 - _ ~;- ~~"~~ } 37] ~ oa-loa p ~ o19T,z,i _ r ~~.. h : i 166 I 20 ":.Q f~~i_• N el !,J. . I ~ -0/4720 ' .9B n I Pf l7 Pf-arazaB l Tom: ' Pd-arazaB 32r.47 ~}i'T 't' .. ~µ Pf IB ~ `r_ e5:: ,~'.~: P/ /B -mss. ;u~-c: PE-o/4zo6 P{.-ora7.oG ~' - -_~:, ~ ° 4.oa 'y ::: e•mlwlnes ' - ~~,. 3-lTG 'r"' ~ ~~.^ . 3-H ~{ THE f176'ELL COIAP9N'( " ' }~~,~. ~~' " `'°° GERMAN T1W//P. ~~-~ GERMAN 7C ~EE~d to Ct~~lt' ,,;,:~'' i I~~ W.~/2 N.E./a~ SEC. f 7 T.38N. R.2E. E.~/2 N .E./4 SEC. ''fir ;; 4 SOUTH BF • ~ b ,ph,i~C~/~, ~a ~ ~~ a Community & Economic Development ``~'`~'°6,~= 1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 • Phone 574/235-9371 • Fax 574/235-9021 To: South Bend Common Council From: Bob Mathia ~f2->~ Subject: ax Abatement - is ce Land Trust #13 (Robert F. Jagger) (Bill # 08-53) Date: July 10, 2008 The subject tax abatement is scheduled to be considered for a Confirming Resolution at the July 14, 2008, meeting of the Common Council. The Petitioner has requested additional time to examine the requirements for an alternative tax abatement offered through the Urban Enterprise Zone. Petitioner and the UEZ have arranged for a meeting to be held between them on July 28, 2008. Therefore, the Petitioner is requesting that consideration of its Confirming Resolution be postponed until the August 11, 2008, meeting of the Common Council. Filed n Clerk's Giflce gut ~ a ~oo~ ~.u,F, \rni 4a~ C - __--_. PostponementMemo.7.10.08 What We Do Today Makes A Difference ! I~ ~~ ~\ I~ ~ o~ - .~3 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1401 SOUTH MAIN STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR (5) REAL PROPERTY TAX ABATEMENT FOR 1sT SOURCE LAND TRUST #13 (ROBERT F. JAGGER) d/b/a OLD FORT BUILDING SUPPLY OF SOUTH BEND, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1401 South Main Street, South Bend, Indiana, and which is more particularly described as follows: Lot 2 Studebaker Corridor 5~' Minor Sub and which has Key Number 18-8005-0230, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et se . SECTION III. The Common Council hereby determines that should the Company receive the Enterprise Zone Investment Deduction under I.C. 6-1.1-45 for the same property, this Tax Abatement designation shall become null and void. The Company may not receive an economic revitalization-area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same property. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Coun ~ ~?e'~.ESE~iTEC3 S - Ll _v ~' G ~dOT APPROVED ~1j~~ ~~ ~~~f}~'~~~E~~ ~h AY - 7 2008 dQF~Fd ti'Q{~~{uE i`iDOPTED ~~ch, ®arn~r & mss®cea~es, ~r~~^ MICHAEL J. DANCH, L.A. RON HARNER, P.S. Land Surveyors Professional Engineers Landscape Architects Land Planners Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend Indiana 46601 May 21, 2008 RE: Special Exception Petition for Orangensaft, LLC for property located West of 2801 Main Street, East of the former Railroad Right-of-way, South of 2729 Main Street and North of 3107 Main Street, South Bend, Indiana: Dear Council Members: Our clients are requesting the approval of a Special Exception for their property located West of 2801 Main Street, East of the former Railroad Right-of-way, South of 2729 Main Street and North of 310.7 Main Street, South Bend, Indiana. This Special Exception will allow for an indoor Vehicle Salvage and Processing facility and an indoor Vehicle Impoundment facility as part of the development of a small Industrial Park. Our clients believe that the approval of the proposed Special Exception will fit with the existing industrial uses in this portion of the South Main Street corridor area. 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, Harney & Associates, Inc. File # 080145 Md. "C" 1643 Commerce Drive ^ South Bend, IN 46628 208 West Mars ^ Berrien Springs, M149103 office 574/234-4003 ^ 8001594-4003 ^ Fax 5741234-4119 otiice 269/471-3010 ^ Fax 2691471-7237 -~..,~ f ~ f, RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 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 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 South Bend 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 Board of Zoning Appeals pursuant to Indiana Code Section 5-]4-1.~-5, requesting that a Special Exception be granted for the property located at: (PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT- OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614) in order to permit: The Approval of a Special Exception to allow for an indoor Vehicle Processing and Salvage Operation and an indoor Vehicle Impoundment facility for property located West of 2801 Main Street, East of the former Railroad Right-of--way, South of 2729 Main Street and North of 3107 Main Street, South Bend, Indiana per Section 21-04-02 (a)(2)(B)(i) of the City of South Bend Zoning Ordinance. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. 2 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; 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. e .~ Member of the Common Council ff ' 6igning of this bill is only to provide an opportunity for public hearing and Council action on this issue. Filed In Clerk's ~ ;cefi~ ~~1AY 2 7 ~GG3 CnYC ERKVS0.8END,1N. PRESENTED NOT APPROVED ?~DnP_T~,.~ BOARD OF ZONING APPEALS NO. NOTIFIED FILED , 20 20 HEARING , 20 APPEAL Applicant's Name: ORANGENSAFT LLC Phone 284-2610 Address: 202 LINCOLNWAY EAST, SUITE 200, MISHAWAKA, INDIANA 46544 Address of Property: PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614. Present Zoning of Property: "LI" LIGHT INDUSTRIAL AND"GI" GENERAL INDUSTRIAL DISTRICT PENDING REZONING TO "GI" GENERAL INDUSTRIAL DISTRICT Owner's Name: ORANGENSAFT LLC Phone 284-2610 Address: 202 LINCOLNWAY EAST, SUITE 200, MISHAWAKA, INDIANA 46544 Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Phone 234-4003 Address: 1643 COMMERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE BOARD OF ZONING APPEALS r^OR THE CITY OF SOUTH BEND; INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614 NATURE OF APPEAL: SPECIAL EXCEPTION REQUEST: PARCEL "D"- A). Approval of a Special Exception as allowed under Section 21-04-02 (a) (2) (B) (i) of the City of South Bend Zoning Ordinance to allow for an indoor Vehicle Processing and Salvage Operation and an indoor Vehicle Impoundment facility for property located West of 2801 Main Street, East of the former Railroad Right-of-way, South of 2729 Main Street and North of 3107 Main Street, South Bend, Indiana; 2 VARIANCE REQUESTS: PARCEL "A": 1). A Variance from the requirement of providing Type "A" Perimeter landscaping along the North, West and South property lines to no landscaping; 2) A Variance from the requirement of providing screening for a proposed parking area along the South property line to no landscaping; PARCEL "B": 1). A Variance from the requirement of providing Type "A" Perimeter landscaping along the North, West and South property line to no landscaping; PARCEL "C": 1). A Variance from the requirement of providing Type "A" Perimeter landscaping along the North, West and South property line to no landscaping and landscaping shown along the North line (i.e. Woodside Street) 2). A Variance from the requirement of providing a 10 foot Rear .Yard Setback along the West property line to a 0 foot Setback (i.e. 0 Lot Line); 3). A Variance from the Minimum required 30-foot Building Setback along the North property .line (i.e. Woodside Street and a Public Alley) to a minimum of 3 foot for an existing building; 4) A Variance from the Minimum required 30-foot Building Setback along the East property line (i.e. Main Street) to a minimum of 0 foot for an existing building; 5). A Variance from the requirement of providing a minimum of 35 parking spaces on-site for 10,000 sq.ft. of proposed office space in the existing building to providing a minimum of 35 parking spaces off-site on_Parcel "D" as shown.; PARCEL "D": 1). A Variance from the requirement of providing Type "A" Perimeter landscaping along the East, North, West and South property lines to no landscaping; 2). A Variance to be allowed to place a proposed Parking area in the required 100-foot wide Residential Bufferyard along the East property line to a minimum of 20 foot and screening said Parking with a shown Evergreen Buffer; 3). A Variance to be allowed to have an existing building and a proposed driveway and parking in the required 100-foot wide Bufferyard along Unzoned property (i.e. Railroad Right-of-way), along the .West property line to a minimum of 1 foot with no landscape screening; 4). A Variance from the requirement of providing a 10 foot Side Yard Setback along the East property line to a 0 foot Setback (i.e. 0 Lot Line) ; 3 5). A Variance from the Minimum requirement of 150 feet of frontage along a Public Street for a property zoned "GI" General Industrial District to a minimum of 88 feet more or less along Oakside Street (i.e. North property line); The property is presently zoned "LI" Light Industrial District and "GI" General Industrial District pending rezoning to "GI" General Industrial District. The Petitioners are the owner 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 "LI" Light Industrial District and "GI" General Industrial District. The Petitioners are presently in the process of having- the entire property rezoned to the "•GI" General Industrial District. This property has been used for industrial purposes over the past few decades. The Petitioners desire to renovate the existing building and create a small-integrated Industrial Park. As shown, the intent is to create four industrial lots. The existing building will be on proposed Parcels "C" and "D". Two new industrial sites will be created and are shown as Parcels "A" and "B". The Rezoning Petition, .which has been submitted, states that Parcels "A" and "B" will have new industrial uses placed on the properties, which will conform to most of the Industrial Development standards. Parcel "C" is proposed to take the existing building and create approximately 10,000 square feet of new Office space with Warehousing and Storage for the remaining portion of the building. Parcel "D" is proposed to contain a small amount of office space with the remaining; portion of the building to house an indoor Vehicle Salvage and Processing facility and an indoor Vehicle Impoundment facility. Any remaining space will be used for Warehousing and Storage. After discussions with the City Building Department staff, it was determined that in order to develop the site as shown, a Special Exception and a few Variances would be required to be approved. Even though the property has an Industrial classification, a Special Exception is required to use a portion of the existing building for an indoor Vehicle Salvage and Processing facility and an indoor Vehicle Impoundment facility. The Petitioners would state that the proposed Special Exception use of the existing Building shown on Parcel "D" would be done indoors with no part of the operation being conducted outdoors. The Petitioners believe that keeping the use confined within the building will mitigate any adverse affects on surrounding properties. The proposed Special Exception is also being done on the portion of the Petition site, which is located away from any existing residential uses. The Petitioners. would hope that the Board Members agree that the proposed small Industrial Park is a desirable use of an old industrial site. The Petitioners would ask the Board Members to agree that approval of the Special Exception to allow for an indoor Vehicle Salvage and Processing facility and an indoor Vehicle Impoundment facility, as shown 4 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). As stated above, this proposed small Industrial Park also requires Variances in order to develop the sites as shown. The development of Parcel "A" as shown requires a Variance from the requirement of providing Type "A" Perimeter landscaping along the North, West and South property lines to no landscaping and a Variance from the requirement of providing screening for a proposed parking area along the South property line to no landscaping. This parcel abuts a junkyard to the South, which use is outdoors. The Petitioners would ask that placing trees and screening along this line would add little to the adjacent property and the Petitioners would rather place landscaping along the frontage of their site on Main Street instead. The request for the wavier of landscaping along the other property lines is based on the fact that this parcel will be part of the Industrial Park and as planned there will be shared paved areas to access parking spaces and loading spaces as well as common driveways. This will allow for less pavement to be required overall for the development of the small Industrial Park and will help in reducing the environmental impact of impervious surfaces. The development of Parcel "B" as shown requires a Variance from the requirement of providing Type "A" Perimeter landscaping along the North, West and South property line to no landscaping. This is similar to the development of Parcel "A" for the same reasons and the Petitioners would ask that a Variance from this requirement be approved. The Petitioners will be placing landscaping along the Main Street frontage of the parcel. The development of Parcel "C" requires a Variance from the requirement of providing Type "A" Perimeter landscaping along the North, West and South property line to no landscaping and landscaping shown along the North lime (i.e. Woodside Street). This request is again similar to Parcels "A" and "B". The Petitioners will be placing landscaping along the existing building facade that faces Woodside Street. There would also be a few trees placed along the South side of the building to create islands to break up a proposed parking area that will help service the building. A second Variance request is from the requirement of providing a 10 foot Rear Yard Setback along the West property line to a 0 foot Setback (i.e. 0 Lot Line) . This is to allow the existing building to remain and to be able to maximize the structure for reuse without having to raze a portion of the building and send materials to a landfill site. Approval of this Variance should not have an adverse impact on surrounding properties. 5 The third request is for a Variance from the Minimum required 30-foot Building Setback along the North property. line (i.e. Woodside Street and a Public Alley) to a minimum,of 3 foot for an existing building. As shown, the Petitioners desire to use the existing building and leave the structure where it presently sits on the property. This building has been as close to the street as shown for the past decades and approval of a Variance for it to remain, should not adversely affect surrounding properties. The fourth requests is for a Variance from the Minimum required 30- foot Building Setback along the East property line (i.e. Main Street) to a minimum of 0 foot for an existing building. This building has been at the property line for the past few decades and again approval of a Variance for the existing situation should not adversely affect adjacent properties. The last request is for a Variance from the requirement of providing a minimum of 35 parking spaces on-site for 10,000 square foot of proposed office space in the existing building to providing a minimum of 35 parking spaces off-site on Parcel "D" as shown. The Petitioners as stated before desire to keep the existing building and would prefer to create a new parking area as shown on proposed Parcel "D" which would service both uses on Parcels "C" and "D". The Petitioners would state they are providing some parking spaces on Parcel "C" but the remaining spaces can be accommodated on Parcel "D" which is conveniently located to the existing building. The Petitioners do not believe approval of this request would be detrimental to any surrounding property. The development of Parcel "D" requires a Variance from the requirement of providing Type "A" Perimeter landscaping along the East, North, West and South property lines to no landscaping. As stated above approval of this Variance should not have a detrimental affect on surrounding properties and the location of the existing building along a portion of the West property- line would make placement of landscaping difficult. The adjacent properties are either zoned Industrial or have been used as a railroad right-of-way. The second request is a Variance to be allowed to place a proposed Parking area in the required 100-foot wide Residential Bufferyard along the East property line to a minimum of 20 foot and screening said Parking with a shown Evergreen Buffer. The Petitioners would state that they believe the intent of this requirement was to maintain a sufficient bufferyard for an Industrial site that may have outside storage of materials. They don't believe a 100 ft. wide bufferyard would be required for a parking area. They. would state that as shown they are providing a 20 ft. wide buffer area containing a double row of evergreen trees which should screen the parking area from any adjacent property. They would state that approval of this Variance should not .have an adverse impact on adjacent properties. The third request is for a Variance to be allowed to have an existing building and a proposed paved driveway and parking in the required 100- foot wide Bufferyard along Unzoned property (i.e. Railroad Right-of- way),along the West property line to a minimum of 1 foot with no 6 landscape screening. The Petitioners would state that the building is existing .and should not have a negative impact if allowed to remain. The placement of the proposed paved driveway and parking as shown without additional landscaping should not .have a detrimental affect on the former railroad right-of-way or adjacent industrial property to the West. The fourth request is a Variance from the requirement of providing a 10 foot Side Yard Setback along the East property line to a 0 foot Setback (i.e. 0 Lot Linej. This. is similar to the Zero Lot line request for Parcel "C" and allows the existing building to remain with a party wall along the boundary between the two parcels. The last request is for a Variance from the Minimum requirement of 150 feet of frontage along a Public Street for a property zoned "GI" General Industrial District to a minimum of 88 feet more or less along Oakside Street (i.e. North property line). The Petitioners would state that they have attempted to lay out this property as efficiently as possible and to have interior access ways that can be used by all property owners within the development. The odd shape of the site lends itself to the proposed lot configuration and the Petitioners would hope that the Board Members agree the approval from 150 ft. of frontage to 88 ft, for this odd parcel would not adversely affect any adjacent property. The Petitioners believe that approval of the above Special Exception and Variances for the Parcels in this proposed small-integrated Industrial Park, will not be detrimental to adjacent properties. Based on the above information, the Petitioners would ask the Board Members to agree that approval of the above described Special Exception and Variances 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 contend 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 Variances and Special Exception are sought: that the need for the Variances and Special Exception 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 Variances and Special Exception 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. riicnael ~, uancn President Danch, Harner & Associates, Inc. Property Owners Within 300 Feet ~rangensaft LLC Orangesaft LLC Orangensaft LLC 02 LWE 202 LWE 202 LWE lishawaka, IN. 46545 Mishawaka, IN. 46545 Mishawaka, IN. 46545 ax Key # 018 8016 0739 Tax Key # 018 8016 0717 Tax Key # 018 8016 0718 ~rangensaft LLC Orangensaft LLC Orangensaft LLC J2 LWE 202 LWE 202 LWE ishawaka, IN. 46545 Mishawaka, IN. 46545 Mishawaka, IN. 46545 ax Key # 018 8016 0720 Tax Key # 018 8016 0719 Tax Key # 018 8016 0715 rangensaft LLC Kelly Nunez Michael A Boyle )2 LWE 2829 South Main 2825 S Main ishawaka, IN. 46545 South Bend, IN. 46614 South Bend, 1N. 46614 ~x Key # 018 8016 0716 Tax Key # 018 8016 0735 Tax Key # 018 8016 0734 illiam & Lorraine Davis Steve & Judith Overmyer Chris P Kohler 21 S Main 3447 S Locust Rd 22845 Madison Road >uth Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614 ix Key # 018 8016 0733 Tax Key # 018 8016 0732 Tax Key # 018 8016 0731 iris P Kohler Chris P Kohler 2801 S Main Land Trust 845 Madison Rd 22845 Madison Rd. P.O.Box 2544 uth Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46680 x Key # 018 8016 0730 Tax Key # 018 8016 0728 Tax Key # 018 8016 0727 care & Fereheyot Mulatu Huffaker Enterprises Inc. Huffaker Enterprises Inc. i04 Coastal Hwy 1308 Apple Ridge Ct 1308 Apple Ridge Ct can City, MD. 21842 South Bend, IN. 46614 South Bend, IN. 46614 c Key # 018 8016 0726 Tax Key # 018 8014 0665 Tax Key # 018 8014 0668 faker Enterprises Inc. Huffaker Enterprises Inc Huffaker Enterprises lnc ~8 App1e Ridge Ct 1308 Apple Ridge Ct 1308 Apple Ridge Ct nth Bend, IN. 46614 South Bend, lN. 46614 South Bend, 1N. 46614 Key # 018 8014 0667 Tax Key # 018 8014 0666 Tax Key # 018 8014 0663 card Wedelstedt Millers Real Estate LLC Miles E Lockwitz 5 N Colorado 2700 S Main 2714 S Main ever, Colorado 80216 South Bend, IN. 46614 South Bend, IN. 46614 Key # 018 8014 0661 Tax Key # 018 8014 0671 Tax Key # 018 8014 0672 G Allen Frank & Nicola Macri Nicola & Frank Macri 37 Meadow Knoll Dr 22890 State Road 23 22890 State Road 23 th Bend, IN. 46628 South Bend, IN. 46614 South Bend, IN. 46614 Key # 018 8014 0673 Tax Key # 018 8014 0674 Tax Key # 018 8014 0675 dicola Macri Frank Macri Kent & Rose Anne Miller Kent & Rose Anne Miller 209 Ewing 2810 S Main St 2810 S Main youth Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614 -ax Key # 018 8014 0676 Tax Key # 018 8015 0686 Tax Key # 018 8015 0687 :ent & Rose Anne Miller Kent & Roseanne Miller Joef A Morimanno 810 S Main 2810 S Main P.O.Box 2723 outh Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46680 ax Key # 018 8015 0688 Tax Key # 018 8015 0689 Tax Key # 018 8015 0690 3mes & Marilyn Senour Barbara Coates David A Nufer 327 S Michigan 4995 N Wilhelm Rd 724 W Edison Rd Guth Bend, IN. 46613 LaPorte, IN. 46350 Mishawaka, IN. 46545 3x Key # 018 8015 0691 Tax Key # 018 8015 0693 Tax Key # 018 8015 0697 ty of South Bend Indiana Diana M Basye Diana M Basye aunty City Building 2917 S Michigan St 2917 S Michigan Guth Bend, IN. 46601 South Bend, IN. 46614 South Bend, IN. 46614 ix Key # 018 8015 0698 Tax Key # 018 8015 0713 Tax Key # 018 8015 0712 vela C Sarras Michael W Albert Michael & Emily Van De Voorde 13 S Michigan St 2909 S Michigan St 3002 S Main St Guth Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614 x Key # 018 8015 0711 Tax Key # 018 8015 0708 Tax Key # 018 8017 0764 awnda Gee Sandra L Johns Rose & Ricky Sullivan 709 2-C Road ~ 3010 S Main St 3014 S Main mouth, IN. 46563 South Bend, IN. 46614 South Bend, IN. 46614 K Key # 018 8017 0765 Tax Key # 018 8017 0766 Tax Key # 018 8017 0767 3ene Bianco Matthew S Wruble Ralph ~ Michele Layne 122 Currant Road 3022 S Main St 65600 Maple Rd finger, IN. 46530 South Bend, IN. 46614 Lakeville, IN. 46536 Key # 018 8017 0768 Tax Key # 018 8017 0769 Tax Key # 018 8017 0770 rence Aldridge Elizabeth Sagi /Kathleen Sagi Frederick M Voynovich 6 S Main 3110 S Main 3116 S Main ith Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614 Key # 018 8017 0771 Tax Key # 018 8017 0772 Tax Key # 018 8017 0773 ~s Vergauwen Robert W Clark Rodney Caprarotta 3 S Main 3202 S Main 3201 S Michigan th Bend, IN. 46614 South Bend, IN. 46614 South Send, IN. 46614 Key # 018 8017 0774 Tax Key # 018 8017 0776 Tax Key # 018 8017 0752 Kosowski Jr. Humberto Vasquez -Larry & Susan Heckman 3 S Michigan 3119 S Michigan St 3115 S Michigan St :h Bend, tN. 46614 South Bend, IN. 46614 South Bend, IN. 46614 Key # 018 8017 0751 ~ Tax Key # 018.8017 0750 Tax Key # 018 8017 0749 ~,~ L~+anch, ~-~arner & ~1 ssoc~a~es, Inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. Land Surveyors Professional Engineers Landscape Architects Land Planners Honorable Members of the City of May 21, 2008 South Bend Common Council ,4th Floor County-City Building South Bend Indiana 46601 RE: Special Exception Petition for Orangensaft, LLC for property located West of 2801 Main Street, East of the former Railroad Right-of-way, South of 2729 Main Street and North of 3107 Main Street, South Bend, Indiana: Dear Council Members: Our clients are requesting the approval of a Special Exception for their property located West of 2801 Main Street, East of the former Railroad Right-of-way, South of 2729 Main Street and North of 3107 Main Street, South Bend, Indiana. This Special Exception will allow for an indoor Vehicle Salvage .and Processing facility and an indoor Vehicle Impoundment facility as part of the development of a small Industrial Park. Our clients believe that the approval of the proposed Special Exception will fit with the existing industrial uses in this portion of the South Main Street corridor area. 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 a File # 080145 Md. "C" 1643 Commerce Drive . ~ Sou#h Bend, IN 46628 208 West Mars Berrien Springs, MI 49103 office 5741234-4003 800! 594-4003 . Fax 574/234-4119 office 269/471-3010 Fax 2691471-7237 x.,~s..~,.e.,o ........................ ....o. ~...a«oR ..a,..x.Q. ,..a.~,.. _~. o. ~ ~~ ..................::: v. rwiM w.n n we ......... Lilq'm ~~ ~....w ..i~m.wn..n. mnw u. was nn a, sw~ ... ~ x..ax ...m a.n~s nl ae ~'.t s wo`n` v . ............ .... ...... n s.~i .°.n'w °"°onooxs ~n.s ..m W ..................................... a..au e...vom .~iw w,raa.... •.......... e. w,uiu .~. n m •~ •narw~ Ym.¢.o nam wm ...+r. . 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' ~~ T oos s/z /z ~ ~ u MIE BY a ' N.T.S (n (mg Ywii6r_aw~al ~ wMree4wa~~ W"" ,p~p~ 101`RC~ A "" NMO~n~: 1waR<~~ S~iiowrtiM1~~M~wmiuiK~ni.N rt ~r mn`vm2 m ~i6T~~ ~µ ~n~ ~twmm Wx ~ ~; .w~ ww :r_a'r-m'i .`iuw"~O.wu~0>arn uR • o°Emrru o in nn m ~xiea p`~o.w"'"'a ~WESi LME SEGIIDH 31, 7~]YN., R.3E ~ ~~~-~~ _~ 0 60 120 IBO i. ~ ~ i SCALE 1' = 60' v~ ~.a. a..... ~w...w. P.-.-a.~~'N1~~m~~a.°..e"d"'.~ .~o, ..~.,a. ~ m. BZA Sl`l'r; PLAN ]a. ~ , PART OF THE NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST sITE ~ . , PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. ~ ~' aL ~ I~(~ ` ,a,m ~ n ~~ ~..~ ~ ~ ,o~R• ~ .~.~ . R,,..ooR ~ . RR RAE ~ ].. ,~E ..~, v ''~ ., ~E .»o .oR ~ ..~,,,... o~ w . ., m W.«E. a< ~7 991.=~- ~i .: a''°..w`"'R.,°.~.~r~..aD-..~-..• ....ow ,. wm we a. ~• ~m .~E .~,.K ,.,:.. d,.»~E a .u2..EC, ro ,K _-=- pert ~ uxc of •msiaE crncc' ea rt rnwmY~ ~ uan sw en¢cirt savor uc x er-~Y-v~ c • 9iE LOGPON AVP ammo mma ro~o aw nsneur uxE EaR me xExr nor (p _~.._ BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 4GG01 (574) 235-9554 Fnx: (574) 235-5541 June 20, 2008 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, >IZdiana 46601 RE: Petition for Special Exception BZA 6/19108 Dear Council Members: The above referenced petition of Orangensaft, LLC was legally advertised on June 5, 2008. The Board of Zoning Appeals gave it a public hearing on June 19, 2008, at which time the following action was taken: Upon a motion by Mr. Kilbase, being seconded by Mr. Hoban and unanimously carried, the petition for Special Exception of Orangensaft, LLC to allow an indoor vehicle processing and salvage operation and an indoor vehicle impoundment facility in a "GI" General Industrial district, on property located west of 2801 Main St. south of 2729 Main St. and north of 3107 Main St., is sent to the Common Council with a Favorable Recommendation. The deliberations of the 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. Belot Building Commissioner CCB/cah ORAIVGENSAFT, LLC (indoor vehicle processine & salvage) SPI~C'I:\L E\C L=PTTON PLIRSUAN'T 21-U9._ (D) BOAP.D OF %ONING APPEALS Cl'I-l' 01= SOU"1'1-1 BEND. INDIANA ]=1N'DINGS OF FACT 1. T1-1C PP.OPOSL-D %'S'L- \~'ILL NOT BE IT.TUP~IOUS TO THL- PUBLIC HEALTH. SAFETY', CONIFORT_ C'C)l~I\IIiNITI' NIOR_-\L STAND:\RDS. CON\~ENIENCE OR GENEF.AL \~~ELFARE BECAUSE: Development and use as presented will comply with all building. fire safety. traffic. and parking regulations as to not bein_ injurious to the public health. safety. morals. and general ~~'elfare ol'the community. _. "7~1-IE I'ROPUSED US/~ \\'l]_L NO"T IN'.IUP.E OR ADVERSELY' AFFL-CT T]-lE USE OF TI-IE AD.IACENT .~RL.A OR 1'ROi'EP~TI' VALUL-S Tl-IEREIN BECAUSE: '1-he variance or use shall improve the appearance of the neiehUorhood and wil] not devalue the surroundin~* properties. ' 3. TI-IE PROPOSED US1: \'~'ILL BE CONSISTENT WITH THE CI-IARACTER OF THE DISTRICT 1T7 VJI-iICH 1T IS LOCATED AND T]-IE LAND USES AUTI-IORIZED THEREIN BECAUSE: Being that the petition is only temporary. it will not affect -the value of the sun-ounding properties. -1. T1-IE PROPOSED USE 1S COMPATIBLE WITI-I THE RECOMMENDATIONS OI= THE CITl' OF SOUTH BEI~'D C'Or1/PREHE.~'SIT E' PL.-11~' BECAUSE: It is the feeling oi~the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. ~ , C~UNDITION'S OP. RE\'1SION'S: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bznd Conu~iw~ Council with a: FA~'024BLE RECOi\1ME1`dDATION ADOPTED this 19TH Dav of.TUNL--. ~UUS l'L-S NO ® RICH.aP.D hTLBASE ® CHP~ISTOPH HOFFMAN ® DAVID SASSANO ® NIALJRICE HOB.A.1~' ® ELON'DA \\'ILDER-I-IAMILTON RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED. AT 264.02' S of 1717 Hickory Rd. South Bend, IN 46635 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 South Bend 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 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: .. 264.02' S of 1717 Hickory Rd. South Bend, IN 46635 in order to permit A Special Exception to allow for Recreational Use on SF-1 Zoning SECTION II. Following a presentation by the Petitioner, and after pzoper public hearing, the Common Council hereby approves the petition of the South Bend 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 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 j' Signing aT this bill is only fo provide an ~~pportunity for public hearing and Council action on this issue. Flied In Clerk's Offiice ~r1AY 2 8 ZG08 JOHN VOORDE CITY CIEAK, S0. HEND,IN. -~ ~,= SENTED NOT APPROVER ADOPTED BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITION APPLICANT'S NAME East Side Little League PHONE X574) 273-9547 ADDRESS 3450 East Keller Street South Bend IN 46635 ADDRESS OF PROPERTY 264.02' S of 1717 Hickory Rd South Bend, IN 46635 PRESENT ZONING OF PROPERTY "SF-1" Single Family OWNER'S NAME Rudolph Schurko PHONE ADDRESS 4448 South Albany Chicago IL 60632 _ COUNSEL OR CONSULTANT Gregory A. Kil of Kil Architecture/Plannin~ PHONE (574) 288-2654 ADDRESS 1126 Lincolnway East South Bend Indiana 46601 NATURE OF APPEAL,-VARIANCE, OR SPECIAL EXCEPTION: Special Exception and Variance described as follows- Special Exception to allow for Recreational Use on SF-1 Zoning Variance from the recLuired Hard Surface to Grass ancUor Gravel Surface for Parkin I attest under the penalties for perjury, that the foregoing representations are true. Signature of Property Owner (s) May 28, 2008 Board of Zoning Appeals of the City of South Bend 125 South Lafayette Blvd., Suite 100 South Bend, IN 46601 Re: Variances as described below: Dear Commission Members: On behalf of the contingent purchaser, East Side Little League, we request consideration of the Special Exception and Variance fully described as follows: Special Exception to allow for Recreational Use on SF-1 Zoning Variance from the required Hard Surface Parking to Grass and/or Gravel Surface for Parking for the property located at 264.02' S of 1717 Hickory Rd, So. Bend, IN 46635, South Bend, IN 46635 The special use and variance are requested for an expansion of the recreational baseball and softball use as part of East Side Little League. The proposed diamonds are for practice use and Diamond "B" possibly for league play. The size of diamonds will be for instructional T-ball league (5 to 7 years of age) and softball and instructional league (6 to 8 years of age) and softball league play from 5 to 18 years of age. The existing land is undeveloped and has scrub trees and lower story shrubbery. The land will not have any buildings developed as part of this improvement. Parking is proposed along the south edge of the site as shown on the site plan. This additional parking will help by providing overflow parking for peak times in between games. This parking is proposed as grass parking which is how the existing parking is surfaced at the existing park. Since the park is used only for part of the year, the grass area serves to keep down dust, allows for storm water percolation without requiring retention structures or retention basins. Basically, the storm runoff patterns would be similar to the existing~wooded area. 22 spaces are proposed and future bleachers are proposed for the Diamond "B" omy, as the other fields are for practice. Future bleacher maximum seating capacity is established at 100. The frontyard setback will be maintained on Hickory Road and a tree buffer will be retained. Perimeter trees are proposed compliant with the landscape ordinance. The special exception and variance proposed are based upon the present zoning, which is "SF-1" Single Family Zoning District. The preliminary design for the building and proposed site plan has been reviewed with the City Officials, Jim Markle and Charles Bulot. In accordance with requirements for variances, under the present zoning, the following is ac nowledged that: a. The approval and proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience and/or general welfare of the community; K I L ARCHITECTURE PLANNING www. kilarchitecture.com 1126 LINCOLN WAY EAST SOUTH BEND I N 46601 (574) 288.2654 VOICE 289. 2420 FAX • as the developed area will allow for the recreational and instructional practice fields as part of the East Side Little League program, which is compatible to the adjacent use. b. The proposed use will not injure or adversely affect the use of the adjacent area and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; as the petitioner intends to maintain a high level of upkeep that is the well known throughout the area as the cleanest, well maintained park for our youth and highest quality ba{I diamonds in the state for the players. c. The strict application of the terms of the zonin_ g ordinance will result in practical difficulties in the use of the property; as the strict application of the hard surface parking requirements is intended for parking lots that are used year round. Also the costs to develop the asphalt or concrete lot and storm would be quite expensive. d. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; as the adjacent land is park (Tarkington & Boehm Park) is used for recreational use. e. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; as this development retains the contiguous recreation park use and green space. On behalf of the contingent purchaser, East Side Little League, thank you for considering the special use and variance requests. Sincerely, Gregory A. Kil, NCARB, AIA Architect Kil Architecture /Planning 1126 Lincolnway East South Bend, IN 46601 Phone (574) 288-2654 Fax (574) 289-2420 Cc: ESLL K I L ARCHITECTURE PLANNING www. kilarchitecture.com 1126 LINCOLN WAY EAST SOUTH BEND I N 46601 {574) 288.2654 VOICE 289. 2420 FAX 1 I -- I O O 051 t' fCNF AI NO PARKING NO PARKING LMD( iNR NO PARKING T-BALL `(' O 5 O O O ~alw~¢ u rwl9lcn ~L. ~`~ , FIELD 'A' ~ (PRACTICE xvl / DIAMOND) Nnlwl 9lM I' // IIRIWF olxan IRi , / ~. &, IR •,1 I~ I- y~- 198' o I ~I O ~ O ~1 ~-1 11 GIRLS OFTBALL f O ~~, u -~ NO PARKING NO B ~~ PARKING 'b"~ UO/PS 5WL -~ ~~ RAE SCHREINER FIELD DAVE COKER FIELD 1NwoR ItAOUE) a.uoa LeAC1.e1 NO PARKING Crew 6' RI1S N RPoa[RR~ I i I N PROPOSED SITE PLAN SCALE: 1' = 100'-0' 17' IS' 166'-1~ ~~ Ifi PAR ONG sn I RKI + ioo/ /' _~ JEFF SCHOCK FIELD 6AKN LrACUE) BIB ]T ~ t' RCMS N 19wIR[rt ~/ R Y L>• IB1L ~ _ - SZ ~ - ~ ~~~~-~ - O _ ~ IS' II I ~y ' FIELD 'B' ~-J I ~ TO' // I vcxnv I FICLD 'D' O IR~KII ~ / ~ (PRACTICE ~ I / DIAMOND) 1 / 1 ~ ~ ~~ FIELD ~C' / j 0 N O ~ U (PRACTICE 1 / .nux u 1 DIAMOND) ~ \ Jlmll~ 1 INUR I ~ OI FNnC fN%F I ~ ~ ~ I .. rnsia Imn R I °~u,F ~ wll I ~~~'''/ IS. FROM YARD SEfR4CK_ R _ O DInKa«„~uR KELLER STREET -- --i--~----~---i-i--~---i__~~------1 I I I I I I I I 1 I I I I I I I I I ~ -- I I I 1 I I I I I I I I 1 1 I I 1 1 I I I ~ I L_~__I____L_~__I-l_~_-~~ ~-------I I 1 I 1 1 I I I I I I I -- I I I I I I I I I I I I I I I I I ~ II I I I I I I I I I ~-- - I 1 I I I 1 I I I I L_~_~`L_~__I-L_..J___I~1 ~--- I I I I I I I 1 I I I I I I 1 I 1 I^ I 1 I r_ _ _y l l l l l l l~ II____ I ' 1 I I I' I I I I I I L_~_~-L_~.__I-L_~__f~J I I I I I I I I I I I I __ I I I I I I I I I I 1- t(_~1 1 I I I I I I I ~I I LJ I I I I I I I I 1 ~ I I I I I I I I I I I I L-- ~- - -L- - -~ - L - ~--- - -~- L - --~-- - -I~J ~- - - ---~ I - NO 1--T--I-r--~--I-r-'T--I-~ f -_-~ K I L ARCHITECTURE PLAN N I N G 1126 LINCOLNWAY EAST SOUTH BEN D,IN / 8 8 9 I GREGORY A. KIL NCARB AIA ARCHITECT 574.208.2556 F~% I89.2 tT0 .kllarchKeclVra.wm G O ; O ~~ ~,~ ~J ~ P~ti ~ D ~ G~ ~ ~ SITE IMPROVEMENTS O FOR THE v EAST SIDE = LITTLE LEAGUE 264.02' SOUTH OF 1717 HICKORY RD. SOUTH BEND INDIANA, 46635 PROPOSED SITE PLAN DATE: MAV 25 2008. VARIANCE SUBMITTAL REVISED: C1.2 N~,~~;ER~~~ ESLL Special Use and Variance Petition List of Adjacent Property Owners May 28, 2008 24-1001-0549 24-1004-0572 29-1001-000201 Indiana & Michigan Electric Co Att City of South Bend Public Parks EKM Sports Inc Tax Department 321 E Wafter Street 4122 N Hickory Road PO Box 16428 South Bend IN 46614 Mishawaka, IN 46545 Columbus, OH 43216 , 24-1001-0544 24-1001-0543 24-1001-548 24-1001-0547 24-1001-0542 24-1001-0541 24-1001-0538 24-1001-546 24-1001-0545 24-1001-0540 24-1001-0539 Jones Albert L Jr. Global Signal Acquisitions LLC Horvath Communications Inc. 1621 Hickory Road 301 N Cattleman Road STE 300 401 E. Colfax Avenue South Bend, IN 46635 Sarasota, FL 34232 South Bend, IN 46617 24-1001-0357 24-1001-0369 24-1001-0370 Holmes Melvin L & Shelia L Meyer Matthew R & Jodi L & Rhodes Robert E & Sarah E 1709 Renick Drive Meyer Melvin M & Elizabeth 1701 Rerick Drive South Bend, IN 46635 1702 Sterling Drive South Bend, IN 46635 South Bead, IN 46635 24-1001-0358 24-1001-0359 24-1001-0368 Wargo Patricia N Puchala Frank & Sally Yant Thomas C & Sharon M 1710 Sterling Drive 1716 Sterling Drive 1715 Renick Drive South Bend, IN 46635 South Bend, IN 46635 South Bend, IN 46635 24-1001-0439 24-1001-0360 24-1001-0367 Schurko Rudolph John Kosanovich Robert J & Vicky S Nothstine Mark & Shay 4448 South Albany 1722 Sterling Drive 1721 Renick Drive Chicago, IL 60632 South Bend, IN 46635 South Bend, IN 46635 24-1001-0361 24-1001-0366 29-1001-0014 29-1001-000101 O&apos Neill Thomas P & Jennifer L Deal Rick L Edwards Rose of Indiana 1728 Sterling Drive 1727 Renick Drive P.O. Box 3015 South Bend, IN 46635 South Bend, IN 46635 Kalamazoo, MI 49003 24-1001-0362 24-1001-0365 24-1001-0363 Ramesh Robert P & Beverley F Brown Curtis L & Patricia L Moore Robert D & Caroline 1734 Sterling Drive 1733 Renick Drive 3306 Cabot Drive South Bend, IN 46635 South Bend, IN 46635 South Bend, IN 46635 24-1001-0364 24-1001-043601 24-1001-0375 Spengler Steven A Department of Public Parks McCreary Kenneth Q 1739 Renick Drive 301 South St. Louis Boulevard 3229 Cabot Drive South Bend, IN 46635 South Bend, IN 46617 South Bend, IN 46635 24-1001-0374 24-1001-0373 24-100'1-0372 Cass Michael S & Ann M Poland Jay Lynn & Joyce Janet Michalski Peggy A 3301 Cabot Drive 3309 Cabot Drive 3315 Cabot Drive South Bend, IN 46635 South Send, IN 46635 South Bend, IN 46635 C f ay Twp 24-1001-0439 Information shown on this map is not waranted for accuracy or merchantability. Reproduction of this matedal is not possible wdhoul wdtten permission of SI. Joseph County, Indiana. -. )-~'- x~'?--3i r ''r t w s"l~'`~ ~~C e3 t X ~;, ~t j~ r~~ r r: d ~._t., Dale Printed: August 29, 2007 N Photograpfiy:SPring 2042 WE Prepared by: Raylene Stuglik St. Joseph County Auditors Otf ce 227 W. Jefferson Blvd. S South Bend, Indiana 46601 Phone: (574) 235-9463 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Saite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 June 20, 2008 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception BZA 6/19/08 Dear Council Members: The above referenced petition of East Side Little League was legally advertised on June 5, 2008. The Board of Zoning Appeals gave it a public hearing on June 19, 2008, at which time the following action was taken: Upon a motion by Mr. Kilbase, being seconded by Ms. Wilder-Hamilton and unanimously carried, the petition for Special Exception of East Side Little League for recreational use in a "SF1" district, on property located at west side of Hickory Road south of 1717 Hickory Road , is sent to the Common Council with a Favorable Recommendation. The deliberations of the 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. Belot Building Comn7issioner CCB/cah EAST S[llE LITTLE LEAGl~E (recreational use in "SFl") SPEC'LAL E\CEPTION PURSUANT 21-09. ~(D) BOARD OF ZONING APPEALS C']'I-l- OF SOUTI~ BEND, INDIANA 1=INDINGS OF 1=AC"l~ ]. Tl-IE PROPOSED L'SE \\'ILL NOT BL= IN,TURIOUS TO TI-IL- PUBLIC HEALTI-I. SAFETI', COMFORT. COi\•I~~IUNI"I'1" MORAL S'TANDAP~DS. CONVL-NIENCE OP. GENERAL WELFARE BECAUSE: Development and use as presented will comply with a]] Uuildin_, fire safety, traffic, and parkin<s regulations as to not bC'ln~ lll~ll l'IOII~ to the puUlic health. safety, morals. and general wellal-e oI Che COn1111L1111ty. ~. "r]-lE PROPOSED t!SE \\~ILL NOT IN.IURE OP. ADVEI2SEL~' AFFL-CT THE USE OF THE AD.IACLNT .ARL-<\ O}: PROPL-RTl" ~'.ALLIL'-S T]-IEREIN BL-CAUSL-: I Ile variance or use shall improve the appearance of the neighUorhood and will not devalue the surrounding pl'UIJCI'lICS. _. THE PROPOSED US'F \~'ILL BL- CONSISTENT WITI-I TI-IE CI-IAP.ACTER OF THE DISTRICT 1N WHICH IT IS LOCATED AND THE LAND USES AUTI-IORIZED TI-IEREIN BECAUSE: Beim that the petition is only temporary, it will not affect the value of the sun-ounding properties. -1. TI-IE PROPOSED USE IS COMPATIBLE WITH THL- RECOMMENDATIONS OF THE CITE' OF SOUTH BEI~'D C'O!1./PREHE!\'SII E PLAA' BECAUSE: It is the feeling of~ the Board that the variance is Ulending into the overall Comprehensive Plan and is not deviatine from it's intent. CONDITIONS OP. RE\'IS10NS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall Ue passed onto the City of South Bend C-ommon Council with a: FA~'ORAI3LE RECOI\'IME1~'DATION .<\DO]'"1-ED this 19"CI-I Dav oCJUNE. 3005 l"ES NO ® RICHARD KILBASE ® CHRISTOPI-I I-IOFFMAN ® DAVID S.ASSANO ® NIAURICE HOBAN ® ELONDA \\'ILDER-HAMILTON