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HomeMy WebLinkAboutSpecial Exception - 4085 Meghan Beeler CourtAttest: RESOLUTION 4480 -15 Passed by the Common Council of the City of South Bend, Indiana July 27, 15 20 Presented by me to the Mayor of the City of South Bend, Indiana July 28 Approved and signed by me 15 City Clerk President of Common Council 7VIL, of 20-L' City Clerk RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 4085 Meghan Beeler Court WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and , WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 4085 Meghan Beeler Court in order to permit recreational use for a batting & pitching facility in a "LI" District. SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION HI. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED NOT APPRO ADOPTER ) -1-1 -tf- Member of the Co n o ci Filed in Clerk's Office SUN 0 4 2015 JOHN V'6-0- r'si7k CITY CLERIC, SOUTH BEND, IN Petition before the Area Board of Zoning Appeals I am seeking a Special Exception to allow a recreational use for a batting & pitching facility in a "LI" District as the strict application of the zoning ordinance does not allow for this activity. I am also seeking a parking variance from the required 80 spaces to the available 16 spaces. The property is 4085 Meghan Beeler Court, South Bend, IN 46628. This property is currently zoned "LI ", has 16 parking spaces and is located in the City of South Bend. The petitioner is Michael Branch (buyer) who has made an offer to purchase the property from Steven Kubsch (seller). Petitioner/ buyer information is as follows: Michael Branch 2099 East Clear Lake Road Buchanan, MI 49107 #269 - 695 -6379 (home) #269 - 208 -3105 (cell) The proposed use of the property is to create an indoor baseball training facility. The business plan is to draw both adults and youth to the facility to both entertain and educate as it relates to the game of baseball. The required 80 parking spaces would cause practical difficulties as additional paving would be required. I believe that the 16 currently available spaces will be more than adequate for the business because, per the site plan, we will only have 6 batting /pitching cages which will limit the number of patron vehicles that would be present at one time to 6 plus 2 to 3 spaces for employees. Therefore, the 21 available spaces will easily accommodate both patrons and employees at any given time. It should be noted that the "open" space on the site plan is for cage observation only and any people occupying that space would be in the same vehicle as the patron in the cage. I believe the proposed baseball training facility will not be injurious to the public health, safety, comfort, moral standards, convenience or general welfare of the community as all activities will be conducted inside the building. This business will not create any noise, odor or visual obstructions for anyone in the area. I believe the proposed baseball training facility will not injure or adversely affect the use of the adjacent area or property values therein mainly for the reasons outlined above. In fact, I think this facility will have a very positive effect on the surrounding area. This business will draw people from both Northern Indiana and Southwest Michigan to this part of South Bend which will benefit the shopping and dining establishments located nearby. It should also be noted that our business hours will be 3:00pm to 8:00pm on weekdays and 10:00am to 6:00pm on weekends so will have very little impact on the properties nearby. I believe the proposed baseball training facility will be consistent with the character of the district in which it is located and the land uses authorized therein. As part of the business plan I have visited similar facilities in Chicago, Detroit and New Jersey and without exception they are located in light industrial districts mainly because of the building requirements to conduct this type of activity (high ceilings with warehouse type wide open space). There are also smaller athletic training facilities located locally that operate in similar surroundings. Finally, I believe that the proposed baseball training facility will be compatible with the recommendations of the City of South Bend Comprehensive Plan. Thank you for our con 'deration. Michae anc �± !lrS� 7Z k_Llbz�: v? r `(Jx ..3je i CIA66 76 �j L°Y �� 7Z k_Llbz�: v? r `(Jx ..3je (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 will be consistent with the character of the area. All properties within 1000' of the site are zoned LI Light Industrial District and are occupied by various commercial and industrial entities. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the comprehensive plan (City Plan, 2004). Objective ED 1.2: Encourage reuse of abandoned and underutilized land and structures, and Objective ED 2: Retain existing businesses and attract new ones to the city. The Future Land Use Map identifies this area for light industrial development. 11. Petition of Charles S. Hayes Based on information available prior to the public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use will not be injurious to the public. The proposed location of the cell tower is near the center of a 123 acre parcel. The parcel primarily consists of agricultural fields and mature deciduous forest. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use will not affect surrounding uses or property values. The nearest off -site residential structure is over 1000' away. The absence of the required landscaping would not be relevant to any adjacent users since the base of the tower will be surrounded by mature trees on three sides, and shielded from Portage Avenue by the rear of Portage Manor's service buildings. (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 is consistent with the character of the area. The low density use of the large parcel is conducive to the placement of a cell tower. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with the comprehensive plan (City Plan, 2004). Objective ED 2.5: Support the development and enhancement of telecommunications infrastructure that serves current and future business needs. Sincerely, Matthew 2ap7rpuies, Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA $ ROSELAND W W w s T1 o s E V H C O O N i r i v o i A ry A c o n i A g E A V L Au 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574)235 -9554 FAX: (574)235 -5541 July 2, 2015 The Honorable Common Council South Bend Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception Michael Branch ABZA 7/1/15 Dear Council Members: The above referenced petition of Michael Branch was legally advertised on June 18, 2015. The Area Board of Zoning Appeals gave it apublic hearing on July 1, 2015, at which time the following actionwastaken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and by a unanimous vote, the petition for Special Exception to allow a recreational use for a batting & pitching facility in a "LI" District, on property located at 4085 Meghan Beeler Court, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincer ✓� /' 6� Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION OF MICHAEL BRANCH SPECIAL USE AREA BOARD OF ZONING APPEALS FINDINGS OF FACT I. THE PROPOSED SPECIAL USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS or REVISIONS: DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 1 ST Day of JULY, 2015. YES NO O MICHAEL URBANSKI M GERALD PHIPPS ABSENT RANDALL MATTHYS O BRENDAN CRUMLISH O KATHYSCHUTH O JACK YOUNG O ROBERT HAWLEY TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 15 -66 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 4085 MEGHAN BEELER COURT Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Zoning & Annexation Committee. Karen L. White Chairperson, Committee of the Whole