02-25-19 Council Minutes - Laserfiche WebLink

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REGULAR MEETING February 25, 2019 APPROX. 303' FROM RIGHT-OF-WAY OF S. OLIVE ST TO PARCEL 018-8102-3875 Councilmember Oliver Davis made a motion to adopt Bill No. 05-19. Councilmember Gavin Ferlic seconded this motion which carried by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 19-01 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 3602 WEST SAMPLE STREET Councilmember Oliver Davis, chair of the Zoning and Annexation Committee, reported that they met this afternoon and, given time constraints, send this bill forward with no recommendation. Jordan Wyatt, Planner for the Area Plan Commission with offices located on the 13th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Mr. Wyatt stated, The petitioner is requesting a special exception use for the site on the screen (referencing a slide in a presentation which is available in the City Clerk's Office) for the processing and storage of aggregate materials including on site crushing of materials, and to allow an outdoor storage unit in excess of fifty percent(50%)of the total lot area. He showed a view of the façade of the property and stated, They plan to keep the screening for the outdoor storage. Here is a site plan that shows the location of the outdoor storage location that they plan to keep. This comes to you with a favorable recommendation from the Area Board of Zoning Appeals. I would be happy to answer any questions. Councilmember Oliver Davis stated, When property like this comes to a district, what is Area Plan's role in showing them that particular property or guiding them to see other properties in the community that may be of similar use within the City that they could possibly move to instead of this location? Mr. Wyatt replied, The role for special exception uses that our office has is basically just as administrators for this process. We inform them of the proper zoning and where they could go, and that it requires a special exception use. But everything is basically up to the Area Board of Zoning Appeals. I just write the four(4) criteria on them according to state law. Councilmember Oliver Davis asked,But you don't show them other places where they could have considered? Mr. Wyatt replied, No. This is the most intense zoning district in the City of South Bend and it would require a special exception use no matter where they would locate. Councilmember Oliver Davis stated, That would be Community Investment that would look at that kind of thing, but they're not here. Sorry. I'm at peace. Mike Danch, Danch, Hamer and Associates with offices located at 1643 Commerce Drive, served as the petitioner for this bill.Mr. Danch stated,I am representing the petitioner.What we are asking for is the approval of the special exception to allow for the processing of aggregate materials. The property is zoned Heavy Industrial, and per the City zoning requirements, no matter where we were located, we would be required to go to the Board of Zoning Appeals then come before the Council for the Special Exception. We go before the Area Board of Zoning Appeals,and we asked from that Board for the approval of the special exception. They did grant us variances as well for this particular site. As shown on the site plan we had also worked with Community Investment who recommended this favorably. They asked us to keep the façade wall on the front of the building and we have done that. We'll be removing about 90,000 square feet of existing old dilapidated building. The areas you see on the site that are dotted are the areas where the aggregate material would be. As we mentioned in the Committee Meeting, there's a dotted line on the site 44