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11-23-09 Common Council Minutes
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11-23-09 Common Council Minutes
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REGULAR MEETINGNOVEMBER 23, 2009 <br /> <br /> <br /> <br /> <br />speaking as an advocate to the Toll Road Industrial Park and that there are rules and <br />regulations to create order and create a sense of fairness to all involved and as it relates to <br />zoning ordinances obviously those are there for the protection of residences and <br />commercial business and with these zoning laws there is always some room for flexibility <br />and understands that, but what is being talked about tonight in his mind is more than just <br />a Special Exception, this is an extra-ordinary Special Exception. Ziolkowski is not just <br />asking to double the outside storage, they are not asking for quadruple; they are asking <br />for property that is seventeen (17) times what is allowed anyone else in the Toll Road <br />Industrial Park. He stated to him that represents more of a skirting than changing the <br />zoning to what is truly is that is General Industrial and calling something like this Light <br />Industrial that is truly not light industrial. Mr. Henning stated that he attended the zoning <br />meetings and listened to what Mr. Danch presented. He said that Mr. Danch used Case <br />Manufacturing as a similar company with heavy industrial uses, however what he failed <br />to mention was that Case Manufacturing was grandfathered in. Case Manufacturing was <br />built before the Toll Road Industrial Park was formed. He stated that all the other <br />businesses in the Industrial Park are doing so with the context of Light Industrial <br />classification. He stated that when Ziolkowski says all they want to do is be treated the <br />same in not an accurate statement. He stated that the special exception would allow for <br />them to increase their out door storage by 350% of their building size and that is <br />extraordinary. He stated that he does agree with being treated fairly and would accept <br />that if Ziolkowski would operate within the parameters of the light industrial <br />classification. <br /> <br />Mr. John Zhu, 3431 William Richardson Drive, South Bend, Indiana, spoke in opposition <br />to this bill. Mr. Zhu stated that his business is located directly across from 4050 Ralph <br />Jones Drive. He stated that Ziolkowski did not keep their property up at their location on <br />Sample Street; it looks like a junk yard. He questioned how Ziolkowski will keep up <br />their new location? Mr. Zhu stated that just because they amended and revised one of the <br />variances from planting eight (8) trees to twenty (20) trees will not cover up the fact that <br />a junk yard is a junk yard. Mr. Zhu questioned how Ziolkowski is going to keep those <br />trees alive when they are not going to put in an in ground sprinkling system? He stated <br />that he pays approximately $3,000.00 a month to the South Bend Water Works during the <br />summer months to keep his landscaping alive and looking good. Mr. Zhu stated that <br />rules and regulations are put into place and must be obeyed. He stated that he is firmly <br />against this bill and urged the Council to vote against it. <br /> <br />In Rebuttal, <br /> <br />Mr. Danch stated that when they went through the Special Exception procedure they <br />talked with the Area Plan Commission Staff as well as the Building Department and a <br />couple of things that were brought up were a concern at the Area Plan Commission. He <br />stated that they did not want them to go through with a zoning classification procedure <br />for this property. They thought that it would be better to go through the Special <br />Exception Procedure and the reason for that is that there are a lot more restrictions that <br />apply to a Special Exception than a rezoning. That is why they went through this <br />procedure of Special Exception. He also stated that by going through the Board of <br />Zoning Appeals were held to higher restrictions than what is happening at the Toll Road <br />Industrial Park today. That is why they added additional landscaping, additional berming <br />and try to meet with the surrounding owners. He stated that Christian Davey did send out <br />letters to the owners to try to get their feedback. Mr. Danch stated that they did PDF the <br />final site plan to Mr. David Rhoa to get his feedback on everything that they had done <br />and listened to their concerns and tried to do as much as possible for what they could do <br />within the confines of the property that they have. He stated that he feels that they did do <br />a good job of trying to mitigate what there concerns were regarding this piece of <br />property. Mr. Danch stated that Ziolkowski Construction wants to stay within the City of <br />South Bend. This is not something that Ziolkowski wanted to do, it’s because of the new <br />development that was going on in the City and was basically forced to move. He stated <br />that with the new site plan that was done with the variances that have been approved they <br />are having a lot more restrictions applied than other owners within the Industrial Park. <br />Even though they are a mixed use of other industrial owners such as a trucking operation, <br />there is also a heavy equipment owner that rents equipment and has it right up against the <br /> 14 <br /> <br />
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