AGENDA
CITY OF FORT WAYNE ZONING HEARING OFFICER
The Zoning Hearing Officer will conduct a public hearing in Room #30, Garden Level, Citizens Square
200 East Berry Street, Fort Wayne, Indiana on Wednesday, August 14, 2013 at 8:30 a.m.
OLD BUSINESS
1.
Case No.:
Applicant:
Location:
Appeal:
SU-2012-0070
Earth First, LLC
4429 Allen Martin Drive
A request for a special use to allow a solid waste transfer station in an IN3 zoning district.
(One Year Status Report)
NEW BUSINESS
1.
Case No.:
Applicant:
Location:
Appeal:
DSV-2013-0106
IOM Health System
7950 West Jefferson Boulevard
An appeal for a development standards variance to allow an 88 square foot wall sign
(Lutheran Children’s Hospital/Emergency Room) in a CM1 zoning district.
2.
Case No.:
Applicant:
Location:
Appeal:
DSV-2013-0127
IOM Health System
7950 West Jefferson Boulevard
An appeal for a development standards variance to allow an 88 square foot wall sign
(Lutheran Medical Group’s Surgical Specialists) in an CM1 zoning district
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City of Fort Wayne Zoning Hearing Officer
Staff Report
(One Year Status Report)
Case Number: SU-2012-0070
Request:
Location:
August 14, 2013
A request for a special use to allow a solid waste transfer station in an IN3 zoning district.
4429 Allen Martin Drive
Applicant: Earth First, LLC
Neighborhood Association(s) notified:
• 21 Property Owners Notified
Property Owner: EFTT Equities LLC
Applicable Ordinance Section(s):
• §157.232 (C,9)
Adjacent Zoning and Land Uses:
• North – IN3/Vacant Lot
• South – I-3(P)/Industrial
• East – IN3/I-3(P)/Industrial
• West –IN3/I-3(P)/Vacant Lot
Township & Section:
ƒ Adams 20
B.Z.A. History:
None prior to this request.
Legal Description: See File
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August 2012 Staff Discussion:
The applicant, Earth First, LLC, is requesting a special use approval at 4429 Allen Martin Drive, to allow for the
operation of a solid waste transfer station. The transfer station would be located at their current operations and trucking
facility.
The property includes a single 6.52 acre tract crossed by the City of Fort Wayne municipal boundary. The proposed
facility would be located the City of Fort Wayne side of the property. The property is zoned IN3, Heavy Industrial. There
is improved frontage along the south property line, Allen Martin Drive, as well as unimproved frontage along the north
property line, Hovel Road. The property was developed as a single industrial use. At this time, the buildings are being
used, but not at full capacity. The applicant has filed this request for approval of a special use as a result of a
determination by the Department of Planning Services staff that the proposed use would not be a permitted use in any
zoning district, and that the use as proposed would best be considered as a special use.
As proposed the use would be a transfer station with a recycling aspect. Most of the existing structures on the site will be
adapted to the new use. Site improvements include a new addition, concrete and asphalt pavement, and additional fuel
station. A scale will also need to be installed. Some additional solid fencing is proposed, but would be placed at the front
of the property in the Allen County portion of the site.
Information submitted by the applicant as part of the special use application indicates the transfer station will generally
operate as follows. The overall operation will consist of the waste transfer structure and recycling operation, a scale, and
storage. There would remain one access point on Allen Martin Drive. When a vehicle with a load of solid waste comes to
the site, the gross weight of the vehicle will be recorded in the building. From the scale, the vehicles will be directed to
the waste transfer facility. The contents of the vehicle will be unloaded onto the tipping floor of the waste transfer
structure. Recyclable materials such as cardboard, metal, concrete, and wood will be separated and sorted for sale. The
remaining waste will be placed into an open top semi-trailer under a cover on the west side of the building for landfill
disposal. No solid waste materials will be deposited outside and there will be no onsite disposal of waste material. The
proposal does include a grinding and storage area at the north end of the property that would be used for periodic
processing of materials as an accessory use to the main transfer station.
The applicant is working with the Indiana Department of Environmental Management (IDEM) and is aware of the rules
and regulations pertaining to transfer stations and recycling operations. As part of the IDEM permit application, local
zoning approval is required. These regulations include controls for stormwater, noise, dust, and pests. The regulations
also require that waste may not remain on-site for more than 24 hours. The applicant proposes to clean the processing
floor daily.
The applicant is proposing to operate the facility from 3:00 a.m. to 7 p.m. Monday through Saturday. Once fully
operation, they expect an employment of approximately 15 people. The initial daily volume of truck traffic is anticipated
to be approximately 50 trucks entering and exiting the facility with a capacity to accommodate up to 100 per day.
By providing an alternative solid waste handling system and large-scale recycling, the proposed operation should serve
the public convenience and welfare. As the facility will accept no hazardous wastes and is under state oversight, there
should be no unsafe conditions generated.
The proposed use will not be unduly detrimental to the surrounding area as the solid waste transfer facility must obtain a
permit from the Indiana Department of Environmental Management, and the operation of the facility must comply with
the applicable provisions of the permit and the Indiana Administrative Code. The facility is proposed to be located in an
area that is predominantly zoned and/or used for industrial or similar purposes. The access and other infrastructure
proposals must be reviewed and approved by the applicable City of Fort Wayne engineering departments and other
applicable City departments. Public safety issues will be addressed as part of that review and approval.
As there will not be significant physical changes to the site, the nature, location, size, and site layout of the proposed use
should be compatible with the immediate area.
The property has heavy industrial zoning and is located just off a major thoroughfare. The traffic volume proposed is
similar to other industrial operations in the general area and should not pose an undue hazard to normal traffic in the
vicinity of the request.
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The general land use policies of the Comprehensive Plan state that development proposals should be compatible with
existing and planned land uses. This property is located in a targeted industrial area and the Comprehensive Plan
establishes the goal of encouraging commercial and industrial development.
Staff is generally supportive of the request. Staff has received letters of support and is unaware of any concerns from
nearby property owners. The facility is proposed for an area that is predominantly zoned and/or used for industrial or
similar purposes with few residential neighborhoods nearby. As such, staff is recommending conditional approval with
conditions directed to minimizing any negative impacts to area property owners.
August 2012 Staff Update:
Staff has been in contact with the applicants and notes that there will be some revisions to the site plan and accessory uses
presented to the Board at the public hearing. Staff has reviewed the revised site plan and has no objections or concerns
with the changes that have been suggested to staff at this point. Staff has made some minor edits to the conditions
originally recommended.
August 2012 Board Action:
The Board approved the request with the following conditions, including a one-year status report before the Hearing
Officer.
The property owners shall execute and record a written commitment concerning the use and development of the real
estate. The terms and conditions of the written commitment shall include the following conditions of approval in
conformance with Board’s Rules of Procedure. The approval shall not be effective unless and until the written
commitment is signed, recorded, and delivered to the Zoning Administrator. This shall be submitted to staff by
October 31, 2012 and prior to issuance of any Improvement Location Permits or Certificates of Compliance.
1.
Staff shall present a status report to the Zoning Hearing Officer in twelve months. The applicant shall be present to answer
any questions raised by the Zoning Hearing Officer or staff. At that time, the Zoning Hearing Officer may set a new public
hearing to amend conditions as may be appropriate at that time or schedule to revoke approval if the applicant is not in
operation or not in substantial conformance with approved conditions.
2. Approval is limited to solid waste transfer station with accessory recycling as described. Any new use as determined by staff
shall require review and approval by the Board of Zoning Appeals unless otherwise permitted.
3. Plans for the proposed facility shall be reviewed and approved through the site plan routing review process. The submissions
shall include new buildings and additions, scale, fuel island, new paving, all new driveways and drive cuts, fencing, and any
other significant changes proposed for the site.
4. If required by the City, a pretreatment facility shall be proposed to treat the tipping floor cleaning water prior to its discharge
into the City sanitary sewer system. Plans for the any pretreatment facility shall be submitted to the City Water Pollution
Control Plant as a part of the routing submittal. If required, IDEM must approve the pretreatment facility.
5. All truck, trailer, container, and material storage shall be setback at least 50 feet from the front (South) property line.
6. The hours of operation of the transfer facility shall be (at most) 3:00 a.m. until 7:00 p.m., Monday through Saturday.
7. To minimize potential dust problems and facilitate cleaning as needed, all new areas serving this site shall be paved.
8. All storage areas proposed as part of this project shall be adequately screened.
9. Once the Certificate of Compliance is issued for the facility, if at any time during the operation of the facility a required State
permit is revoked or suspended, a Zoning Enforcement Officer may revoke the Certificate of Compliance for the facility.
10. At the end of each operating day, all of the bays/doors to the transfer station structure shall be closed and the site shall be
cleaned daily of all accumulated loose and foreign material.
11. Should the use of the property as a transfer station be discontinued for a period of 24 consecutive months, this approval will
lapse.
12. Signage shall be limited to that available for this zoning district.
August 2013 Staff Update:
The recorded written commitment has been supplied, and both the Improvement Location Permit and Certificate of
compliance have been issued. A recent site inspection revealed no concerns. Staff recommends final approval.
4
City of Fort Wayne Zoning Hearing Officer
Staff Report
Case Number: DSV-2013-0106
Request:
Location:
August 14, 2013
An appeal for a development standards variance to allow an 88 square foot wall sign (Lutheran
Children’s Hospital/Emergency Room) in a CM1 zoning district.
7950 West Jefferson Boulevard
Applicant: IOM Health System, LLC
Property Owner: IOM Health System, LLC
Legal Description: See file
Size of Property: 56 acres
Applicable Ordinance Section(s):
• §157.316 (B,2,c)
Neighborhood Association(s) notified:
• 28 Property Owner’s Notified
• None active in immediate area
Adjacent Zoning & Land Uses:
• North – CM1/Medical Office
• South – CM1/Medical Office
• East – CM1/Medical Office & AR
• West – CM1/Medical Office
Township & Section:
ƒ Aboite 23
5
BZA History:
There is extensive BZA history on this site including multiple requests and approvals for increases in wall sign number
and sizes both for the hospital and organizations operating on site. Cases were presented to both the City and County
Board of Zoning Appeals.
Staff Discussion:
The applicant, Lutheran Hospital, is asking for variances of the Sign Ordinance regulations to allow an 88 square foot wall
sign. The Sign Ordinance permits a 32 square foot sign in CM1zoning districts.
The property is the site of the Lutheran Hospital campus at the northwest intersection of West Jefferson Boulevard and I69. The property does have a master sign plan in place, but the sign proposed as well as an additional sign separately
requested were not included in the plan approved in 2006. This particular sign is an 88 square foot wall sign to be
mounted on the east wall near the main entrance to the hospital. As proposed it will include identifying information for
the Emergency Room and a graphic for the Children’s Hospital.
The application information states the need for the variance is due to the need to better direct emergency room traffic and
visitors to the new Lutheran Children’s Emergency Room Department. The applicant is restructuring the entrance to
provide separate emergency room facilities for children and the general population. The proposed sign is intended to help
reduce confusion and frustration for emergency room users.
Notes if Approved:
Should the Hearing Officer find that the proposal meets the legal tests for approval; staff would note that construction
would be subject to the following requirements:
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Applicant shall obtain all necessary permits from the Department of Planning Services and the Allen County
Building Department including an Improvement Location Permit for a sign and a Building Permit.
The sign shall be constructed in substantial conformance with the submitted plan with a size of no more than
88 square feet and in the approximate location presented.
The sign is not to be an electronic changeable copy sign.
Notes:
6
7
City of Fort Wayne Zoning Hearing Officer
Staff Report
Case Number: DSV-2013-0127
Request:
Location:
August 14, 2013
An appeal for a development standards variance to allow a 88 square foot wall sign (Lutheran
Medical Group’s Surgical Specialists) in a CM1 zoning district.
7950 West Jefferson Boulevard
Applicant: IOM Health System, LLC
Property Owner: IOM Health System, LLC
Legal Description: See file
Size of Property: 56 acres
Applicable Ordinance Section(s):
• §157.316 (B,2,c)
Neighborhood Association(s) notified:
• 28 Property Owner’s Notified
• None active in immediate area
Adjacent Zoning & Land Uses:
• North – CM1/Medical Office
• South – CM1/Medical Office
• East – CM1/Medical Office & AR
• West – CM1/Medical Office
Township & Section:
ƒ Aboite 23
8
BZA History:
There is extensive BZA history on this site including multiple requests and approvals for increases in wall sign number
and sizes both for the hospital and organizations operating on site. Cases were presented to both the City and County
Board of Zoning Appeals.
Staff Discussion:
The applicant, Lutheran Hospital, is asking for variances of the Sign Ordinance regulations to allow an 88 square foot wall
sign. The Sign Ordinance permits a 32 square foot sign in CM1zoning districts.
The property is the site of the Lutheran Hospital campus at the northwest intersection of West Jefferson Boulevard and I69. The property does have a master sign plan in place, but the sign proposed as well as an additional sign separately
requested were not included in the plan approved in 2006. This particular sign is an 88 square foot wall sign to be
mounted on the west wall of the hospital. As proposed it will replace a current wall sign of smaller size and include the
corporate logo.
The sign is visible from I-69 and is intended to help to help reduce confusion and frustration for Lutheran medical Group
Surgical Specialists users.
Notes if Approved:
Should the Hearing Officer find that the proposal meets the legal tests for approval; staff would note that construction
would be subject to the following requirements:
ƒ
ƒ
ƒ
Applicant shall obtain all necessary permits from the Department of Planning Services and the Allen County
Building Department including an Improvement Location Permit for a sign and a Building Permit.
The sign shall be constructed in substantial conformance with the submitted plan with a size of no more than
88 square feet and in the approximate location presented.
The sign is not to be an electronic changeable copy sign.
Notes:
9
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