HomeMy WebLinkAboutBill No. 79-22 Special Exception at 7468 and 7686 Vorden Parkway Cit o f South Bend County-City Building
Y 227 W.Jefferson Blvd. 1400S
BOARD OF ZONING APPEALS South Bend,IN 46601
(574) 235-7627
Filed in Clerk's Office
January 4,2023 JAN o 4 2023
Common Council of South Bend
227 W.Jefferson Blvd,4th Floor DAWN M.JONES
CITY CLERK,SOUTH BEND,IN
South Bend, IN 46601
Re: Bill#79-22:The petition of 7468 VORDEN PARKWAY LLC seeking a Special Exception for
Heavy Industrial in the I Industrial for property located at 7468 AND 7686 VORDEN PKWY.
Dear Council Members:
I hereby Certify that the above referenced petition of 7468 VORDEN PARKWAY LLC was legally
advertised on December 24,2022 and that the South Bend Board of Zoning Appeals at its public hearing
on January 3,2023 took the following action:
Upon a motion by Kaine Kanczuzewski,being seconded by Mark Burrell and unanimously carried,a
petition by 7468 VORDEN PARKWAY LLC seeking a Special Exception for Heavy Industrial for
property located at 7468 AND 7686 VORDEN PKWY,City of South Bend, is sent to the Common
Council with a favorable recommendation,and will issue written Findings of Fact.
The staff comments related to this petition are attached.The Findings of Fact will be adopted at the next
South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office
and will be posted on our website once approved.
If you have any questions,please feel free to contact our office.
Sincerely,
Angela M. Smith
Zoning Administrator
Attachment
CC: 7468 VORDEN PARKWAY LLC
George Lepeniotis
Staff Report — BZA#0168-23 January 3, 2023
Property Information
Location: 7468 AND 7686 VORDEN PKWY
Owner: 7468 VORDEN PARKWAY LLC
Project Summary
Construction of a 94,000+ sq. ft. warehouse and distribution facility for Coast Southwest, a full-
service, chemical distributor. The facility will accommodate future expansion in phases up to
200,000 sq. ft. to potentially include space for research, development, and manufacturing.
Requested Action
Special Exception: Heavy Industrial
Site Location
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Staff Recommendation
Based on the information provided prior to the public hearing, the Staff recommends the Board
send the Special Exception to the Common Council with a favorable recommendation.
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
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Staff Report— BZA#0168-23 January 3, 2023
Criteria for Decision Making: Special Exception
A Special Use may only be granted upon making a written determination, based upon the
evidence presented at a public hearing, that:
(1) The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
The proposed use is in an area comprised exclusively of industrial uses. A heavy industrial
use should 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;
The property is located in an area that is exclusively industrially zoned and the proposed
heavy industrial use is located in the established rear yard. The proposed heavy industrial
uses should not adversely affect the use or value of surrounding properties.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
The proposed use of heavy industry is consistent with the character of the district in which it
is located and the surrounding land uses.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The petition is consistent with City Plan (2006) (Objective ED2) Retain existing businesses
and recruit new ones to the city. Allowing heavy industry use on this site will allow for the
addition of a business in the city in an appropriately located area.
Analysis & Recommendation
Analysis: The proposed use is located in an industrial park. This is a suitable location for heavy
industrial uses which should not negatively impact the broader community and should help
recruit a new business to the city.
Staff Recommendation: Based on the information provided prior to the public hearing, the
Staff recommends the Board send the Special Exception to the Common Council with a
favorable recommendation.
Filed in Clerk's Office
JAN 0 4 2023
DAWN M.JONES
CITY CLERK,SOUTH BEND,IN
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3
Cit o f South Bend County-City Building
Y 227 W.Jefferson Blvd. 1400S
BOARD OF ZONING APPEALS South Bend,IN 46601
(574)235-7627
Filed in Clerk's Office
January 4,2023 JAN 0 4 2023
Common Council of South Bend
227 W.Jefferson Blvd,4th Floor DAWN M.CITY CLERK,SOUTTH BEND ,IN
South Bend, IN 46601
Re: Bill#79-22: The petition of 7468 VORDEN PARKWAY LLC seeking a Special Exception for
Heavy Industrial in the I Industrial for property located at 7468 AND 7686 VORDEN PKWY.
Dear Council Members:
I hereby Certify that the above referenced petition of 7468 VORDEN PARKWAY LLC was legally
advertised on December 24,2022 and that the South Bend Board of Zoning Appeals at its public hearing
on January 3,2023 took the following action:
Upon a motion by Kaine Kanczuzewski,being seconded by Mark Burrell and unanimously carried,a
petition by 7468 VORDEN PARKWAY LLC seeking a Special Exception for Heavy Industrial for
property located at 7468 AND 7686 VORDEN PKWY,City of South Bend, is sent to the Common
Council with a favorable recommendation,and will issue written Findings of Fact.
The staff comments related to this petition are attached. The Findings of Fact will be adopted at the next
South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office
and will be posted on our website once approved.
If you have any questions,please feel free to contact our office.
Sincerely,
Angela M. Smith
Zoning Administrator
Attachment
CC: 7468 VORDEN PARKWAY LLC
George Lepeniotis
Staff Report— BZA#0168-23 January 3, 2023
Property Information
Location: 7468 AND 7686 VORDEN PKWY
Owner: 7468 VORDEN PARKWAY LLC
Project Summary
Construction of a 94,000+ sq. ft. warehouse and distribution facility for Coast Southwest, a full-
service, chemical distributor. The facility will accommodate future expansion in phases up to
200,000 sq. ft. to potentially include space for research, development, and manufacturing.
Requested Action
Special Exception: Heavy Industrial
Site Location
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Staff Recommendation
Based on the information provided prior to the public hearing, the Staff recommends the Board
send the Special Exception to the Common Council with a favorable recommendation.
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report—BZA#0168-23 January 3, 2023
Proposed Site Plan
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SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Staff Report—BZA#0168-23 January 3, 2023
Criteria for Decision Making: Special Exception
A Special Use may only be granted upon making a written determination, based upon the
evidence presented at a public hearing, that:
(1) The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
The proposed use is in an area comprised exclusively of industrial uses. A heavy industrial
use should 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;
The property is located in an area that is exclusively industrially zoned and the proposed
heavy industrial use is located in the established rear yard. The proposed heavy industrial
uses should not adversely affect the use or value of surrounding properties.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
The proposed use of heavy industry is consistent with the character of the district in which it
is located and the surrounding land uses.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The petition is consistent with City Plan (2006) (Objective ED2) Retain existing businesses
and recruit new ones to the city. Allowing heavy industry use on this site will allow for the
addition of a business in the city in an appropriately located area.
Analysis & Recommendation
Analysis: The proposed use is located in an industrial park. This is a suitable location for heavy
industrial uses which should not negatively impact the broader community and should help
recruit a new business to the city.
Staff Recommendation: Based on the information provided prior to the public hearing, the
Staff recommends the Board send the Special Exception to the Common Council with a
favorable recommendation.
Filed in Clerk's Office
JAN 0 4 2023
DAWN M.JONES
CITY CLERK,SOUTH BEND,IN
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3
City of South Bend
BOARD OF ZONING APPEALS
December 6, 2022
Honorable Lori Hamann
4th Floor, County-City Building
South Bend, IN 46601
RE: Special Exception at 7468 and 7686 Varden Parkway
Dear Committee Chair Hamann:
Filed in Cler k 's Off ice
DEC O 6 2022
DAWN M. JONES
CITY CLERK, SO _UTH BEND, IN
Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location.
Please include the attached Ordinance on the Council agenda for first reading at your December
12th, 2022, Council meeting and set it for public hearing at your January 9, 2023, Council meeting.
The petition is tentatively scheduled for public hearing at the January 3, 2023, South Bend Board of
Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning
Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the
public hearing .
The petitioner provided the following to describe the proposed project:
Construction of a 94,000+ SF warehouse and distribution facility for Coast Southwest, a Jul/-
service, chemical distributor. The facility will accommodate future expansion in phases up to
200,000 SF to potentially include space for research, development, a.nd manufacturing.
The full petition is attached for your reference. Changes may occur between the filing and the public
hearing . Any substantial changes will be identified at the Council meeting.
If you have any questions, please feel free to contact our office.
Sincerely,
Angela M. Smith
Zoning Administrator
CC: Bob Palmer
County-City Building I 227 W. Jefferson I South Bend , IN 46601 I 574-235-7627 I www.southbendin.gov/zoning
•-· .. ---·--,
Filed in Clerk s . '1. ~; :
I DEC 06 20?~
DAWN M. JON F ·
BILL NO. 79-22
ORDINANCE NO. 10913-22 CITY CLERK, SO UT H £... '-.i
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING
APPEALS FOR THE PROPERTY LOCATED AT 7468 AND 7686 VORDEN
PARKWAY. COUNCILMANIC DISTRICT NO.1 IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
Request a Special Exception to allow for a warehouse and distribution facility for a
chemical distributor.
NOW, THEREFORE, BE IT ORDAINED 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 Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5 ,
requesting that a Special Exception be granted for property located at:
7468 and 7686 Vorden Parkway -031-1036-059011 and 031-1036-059010
In order to permit Heavy Industrial Use
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the Advisory 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 adjacent area of 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, if any , established by the Advisory Board of Zoning Appeals which are on file in the
Office of the City Clerk.
SECTION V. This Ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor, and legal publication , and full execution of
any conditions or Commitments placed upon the approval.
Attest:
Dawn M. Jones, City Clerk
Office of the City Clerk
Sharon McBride, Council President
South Bend Common Council
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the ___ day of ________ _, 2023 , at __ _
o 'clock . m.
Dawn M. Jones , City Clerk
Office of the City Clerk
Approved and signed by me on the ___ day of _____ ~ 2023 , at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana
-2 -
Fi~d in Clerk's Office
DEC O 6 2022
DAWN M. JONES _
CITY CLERK, ~9Y!H B!=ND . IN
City of South Bend
BOARD OF ZONING APPEAL~•
Petition for Variance -Special Exception
Property Information
Filed in Clerk's Office
227 W. Jefferson -Suite 1400S
DEC O 6 2OZtuth Be ~d, IN 46601
· zoni ~g@'outhbendin .gov
DAWN M. JON ES
a: • .• -~ ... ,
Tax Key Number: 031-1036-059011 & 031-1036-05901 0
Address : 7468 and 7686 Varden Parkway, South Bend, Indiana 46628
Owner: 7 468 Varden Parkway, LLC
Zoning : I Industrial [:]
Project Summary:
Construction of a 94,000+ SF warehouse and distribution facility for Coast Southwest, a
full-service, chemical distributor. The facility will accommodate future expansion in phases up
to 200,000 SF to potentially include space for research, development, and manufacturing .
Requested Action
[Z] Spec_ial Exception -complete and attach Criteria for Decision Making
Use requested : Industrial , Heavy (21-06 .01 (g)(2))
D Variance(s) -List variances below, complete and attach Criteria for Decision Making
Variance(s) requested :
Required Documents
[Z] Completed Application (including Criteria for Decision Making and Contact Information)
D Site Plan drawn to scale
D Filing Fee
Criteria for Decision Making
S ecial Exce tion -if apP.,,_l_ic_a...,b_le ___ _
A Special Exception may only be granted upon making a written determination, based upon the
evidence presented at a public hearing. Please address how the project meets the following criteria.
(1) The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare, because:
The proposed use , including potential future ~xpansion aligns with the
current zoning and other existing industrial facilities in and around the parcel.
The facility may house and process hazardous material in an area
specifically designed and built for such activities. In addition the
development, construction and operation of the entire facility will abide by all
applicable local, state and federal regulations related to materials storage,
handling, waste and containment. The facility will NOT produce significant
external impacts detectable beyond the lot lines of the property.
(2) The proposed use will not injure or adversely affect the use of the adjacent area
or property values therein, because:
The proposed use, including potential future expansion aligns with the
current zoning and uses and would be consistent with the character and use
of other existing industrial facilities in and around the parcel. The proposed
development is within the Blackthorne West Industrial Park, currently home
to the Tire Rack, General Metal and Stamping , Maxi-Blast, DSM Food
Specialties, as well as a significant number of warehouse and distribution
centers .
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein, because:
See response to #2 above.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan, because:
The Blackthorne West Industrial Park was envisioned and developed as part
of the City's Comprehensive Plan going back to the 1990's and has been
included in each new amendment thereto .
Contact Information
Property owner(s) of the petition site:
Name : 7468 Verden Parkway, LLC
Address : __________________________ _
Name :
Address : __________________________ _
Name :
Address : __________________________ _
Contact Person:
Name: George Lepeniotis
Address : 4101 Edison Lakes Parkway
Mishawaka , Indiana 46545
Phone Number: 574-485-2008 ------------------------. glepeniotis@kdlegal .com
E-mail :
By signing this petition, the Petitioner/Property Owners of the above described Real
Estate acknowledge they are responsible for understanding and complying with the
South Bend Zoning Ordinance and any other ordinance governing the property.
Failure of staff to n ify the petitioner of a requirement does not imply approval or
contained within the ordinance.
uthorizes the contact person listed above to represent this petition
end Plan Commission and Common Council and to answer any and
n e ted to this petition.
J\Mf'l'fl'1¥,IL.'-) Sig atu es :
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DAWN M. JON ES
CITY CLERK , SO UTH BEND , IN -·· ___ .,... ... --