09-27-10 Common Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 27, 2010 processing, as well as other Commitments regarding environmental matters; installation of machinery with electrode magnetic systems, to separate metals in conjunction with a dampening system to eliminate any “dust” from processing operations; and limitation of the hours of operation from 8:00 a.. – 5:00 p.m. Monday through Friday only. Proposed use will promote use of adjacent areas and values. As noted in the petition, the site plan and Petitioner’s plans will do much to promote the use of adjacent areas and property values. As noted in Exhibit 1, the current location of Petitioner’s property on Gertrude Street is an ideal location for the proposed recycling operations. Specifically, the Petitioner’s site is located in a general industrial zoning district, which is the highest industrial zoning classification used by the City of South Bend. At this site, the Petitioner currently purchase metal for recycling, crushes cars, separates, and sorts and make substantial progress in the overall recycling of metals processed. The addition to the machinery will vertically integrate the Petitioner’s business and allow it to increase the value of the processed metals. The Petitioner is making substantial investments to enhance the site aesthetics and to create barriers for any visual and sound impact (which would be less than current decibels on-site.) In addition, the Petitioner has agreed to contribute to the expense to extend city water service north along Linden toward the site. The petitioner has agreed to waive reimbursement form other property owners for any expenses in the event they decide to “tie in” to the extended water service. The petitioner has agreed to contribute toward the improvements for certain roadways extending from the site to Ireland Road. These roadway improvements will be enhancing the base and width of the roadways, which can benefit vehicular and other traffic and use of the public infrastructure. These investments can only serve to enhance the value of the industrial zoned area, as well as any development potential for any other vacant area south of the subject site. Mr. Deahl noted that the operation will be consistent with the character of the zoning district. He reiterated that the current zoning district of the subject site if general industrial. This site as well as approximately 40 acres to the west and north and additional property to the east has been zoned general industrial for many, many years. The site immediately to the north of the subject property has been identified by the City of South Bend (and Indiana Brownfield’s) as an environmentally contaminate site which has very limited uses, other than industrial. The petitioner has purchased a tax sale certificate and can take title to this property. In the vent the Petitioner acquires the same; the petitioner is committed to increasing the aesthetics of the northern property and gradually covering the same if required by Indiana Brownfield. In addition, the proposed use is, simply the addition of an item of machinery to further process recycled metals. The proposed use is not a significant change from the current use of the property which is conducted and will continue to be conducted on site. Mr. Deahl noted that this project is compatible with the City Comprehensive Plan. The City’s comprehensive plan identifies the subject site, property to the north and east as a designated general industrial site. Exhibit 5 is a portion of the City’s Plan regarding the future land uses contemplated for the next (twenty years) from the period of adoption of the Plan in 2006. The subject site and surrounding property, as noted is and continues to be identified as an area for general industrial use. This plan was developed with input from the public, the Area Plan Commission, the Council and other to ensure that site selection and future growth of properties and areas of the City have been taken into account. The following are the fifteen written commitments that the NRJ Real Estate LLC and Gertrude Street Metal Recycling, owner Randy Schlipp and Nick Schlipp agree to are as follows: 1. Owner shall not, at any time, store more than 200 vehicles on the Property that have not had all hazardous or regulated substances removed. 2. All regulated substances shall be removed from all feed stock prior to crushing or shredding in any resource recovery/shredding operation conducted on-site. 3. For purposes of these commitments “regulated substances” shall be as defined in St. Joseph County Code 52.100 which is “Any extremely hazardous substance, hazardous substance, petroleum or petroleum byproduct, human waste, radioactive substance, biological substance, or other objectionable substance.” This includes fuel, oil, transmission fluid, differential fluid, hydraulic fluid, antifreeze, brake fluid, batteries, mercury switches, air conditioning coolant and other substances as may be deemed necessary by the St. Joseph County Health Department to prevent damage to the surface or groundwater. 4. All feed stock/inventory of vehicles for the process in the resource recovery facility/shredder with liquids present shall be stored on a concrete or asphalt pad with a system to control and collect spills of regulated substances. At no time shall more than 2,000 vehicles be 24