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					                              ORDINANCE NO. 2009-27


recommended that its Petition No. 09-04 be adopted and that the Council rezone this property.

       NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of Hobart,

SECTION 1. That, the City Zoning Ordinance No. 93-59 as amended and readopted as amended
under Ordinance No. 2001-41 and entitled "Zoning Ordinance of the City of Hobart, Indiana",
and particularly the zone maps which are made a part of said Ordinance No. 93-59, be and the
same is hereby amended by making certain changes as follows:

By changing the following described real estate on the zone maps from its established zoning R-
2 (Single-Family Residence District) classification to an M-1 (Light Manufacturing
Districts) zoning classification:

Allen-Earle-Wood-Dale Addition, all of Lots 1, 2, 3, 4, & 5, Block 2, commonly known as

1000 Block of 4th Street, Hobart, Indiana.

SECTION 2. The City Council now finds that the above zone change will not be
injurious to the public health, safety, morals and general welfare of the community and
the use or value of the area adjacent to the property included in this Ordinance will not be
affected in a substantially adverse manner and the need for the change in zoning herein
arises from a condition peculiar to the property involved and the condition is not due to
the general condition of the neighborhood. The Council further finds that the strict
application of the terms of the zoning ordinance will constitute an unusual and
unnecessary hardship if applied to the property herein if this rezoning were not granted
and this rezoning does not interfere substantially with the comprehensive plan.

SECTION 3. The Common Council of the City of Hobart finds the zone change will take effect
upon the following conditions being fulfilled by the owner:

       The motion to recommend to the City Council with the list of permitted uses as amended
       as stated in Exhibit “A” attached to this Ordinance Section 154.213 Permitted Uses.

       All buildings or uses permitted and placed upon said described real estate shall
       fully conform to all the provisions of the Zoning Ordinance of the City of Hobart,
       Indiana and shall have obtained the proper permits.

SECTION 4. That the City Engineer and/or Zoning Administrator is hereby authorized and
directed upon the enactment and approval of this Ordinance, to cause a change to be made on the
zone maps, to make certain notations in ink thereof and to record the date of passage of this

SECTION 5. Since an emergency exists for the immediate taking effect of this Ordinance, the
same shall be in fully force and effect from and after its passage by the Common Council of the
City of Hobart; upon the approval of the Mayor of the City of Hobart Indiana; and as soon
thereafter as otherwise provided for by law.

PASSED and ADOPTED by the Common Council of the City of Hobart, Indiana on this
15th day of JULY, 2009.

                                              BRIAN K. SNEDECOR
                                              Brian K. Snedecor, Presiding Officer

Deborah A. Longer, Clerk-Treasurer
Presented by me to the Mayor of the City of Hobart, Indiana, for his approval and signature this

15 day of July, 2009 at 7:10 o'clock PM.
                                             Deborah A. Longer
                                             Deborah A. Longer, Clerk-Treasurer

        APPROVED and SIGNED by me, the Mayor of the City of Hobart, this 15 day of
July, 2009.
                                     Brian K. Snedecor
                                     Brian K. Snedecor, Mayor
Deborah A. Longer
Deborah A. Longer, Clerk-Treasurer
                      CERTIFICATION AND REPORT TO
                          ZONE MAP CHANGE

CERTIFICATION TO:          Common Council of the City of Hobart

FROM:                      Jake Dammarell, Assistant Engineer (Butler, Fairman & Seufert)

RE:                        Change to be made on the zone map.

DATE:                      July 13, 2009

PETITIONER:                Security Industries, Inc.
                           Danny Jones
                           1000 Georgiana Street
                           Hobart, IN 46342

REQUEST:                   Change zone from an R-2 (Single-Family Residence District) to an
                           M-1 (Light Manufacturing District).

PROPOSED USE:              Light Manufacturing

GENERAL LOCATION:          1000 Georgiana Street

LEGAL DESCRIPTION:         Allen-Earle-Wood-Dale Addition, all of Lots 1, 2, 3, 4, & 5,

Block 2, commonly known as 1000 Block of 4th Street, Hobart, Indiana.

PLAN COMMISSION PETITION NO.:                      09-04

DATE OF PLAN COMMISSION ACTION:                    July 9, 2009

DEADLINE FOR CITY COUNCIL ACTION:                  October 7, 2009


     Recommendation to the Common Council to Approve the change of zone requested
     (Favorable recommendation)
CONDITIONS: § 154.213 PERMITTED USES.                      Exhibit “A”

   The following listed uses and no others are permitted uses in an M-1 district:

   (A) Retail and service uses as follows:

       (1) Auto service stations and truck stops;

       (2) Building materials, sales;

       (3) Car washes and auto supplies;

       (4) Cartage and express facilities;

       (5) Contractor and construction shops;

       (6) Dry cleaning establishments and pressing plants;

       (7) Fuel sales, with storage of fuel oils, kerosene, gasoline and other flammable products limited
       to 120,000 gallons per tank, with the total storage not to exceed 500,000 gallons;

       (8) Garages, model display and sales;

       (9) Ice sales;

       (10) Linen, towel, diaper and other similar services;

       (11) Mobile home sales and house trailer sales;

       (12) Motor vehicle sales, including storage, servicing and repairs;

       (13) Office and household equipment and machinery, sales and service;

       (14) Parking garages and parking lots, other than accessory; and

       (15) Planned unit developments, industrial.

  (B) Production, processing, cleaning, testing and repair, as follows:

       (1) Advertising displays;

       (2) Art needlework and hand weaving;

       (3) Awnings, draperies and venetian blinds;

       (4) Bakeries;

       (5) Beverages, non-alcoholic;

       (6) Blacksmith shops and ornamental ironworks;

       (7) Boat building and boat repairs of pleasure craft and other small craft, but not including ship
       building or shop repairs;

       (8) Book binding and tooling, hand and machine worked;

       (9) Bottling works, beverage;

       (10) Brushes and brooms;

       (11) Cameras and other photographic equipment and supplies;

       (12) Canvas and canvas products;

       (13) Ceramic products such as pottery and glazed tile;

       (14) Clothing;

       (15) Cosmetics and toiletries;

       (16) Data processing, hardware and software;

       (17) Dentures;

       (18) Drugs, compounding only;

       (19) Dry cleaning;

       (20) Electrical appliances, such as fixtures, home appliances and toys;

       (21) Electrical equipment assembly, such as television, radio and computer;
(22) Electrical supplies, manufacture and assembly of, such as wire and cable assembly, switches,
lamps, insulation and dry cell batteries;

(23) Food products (except for meat or fish), processing and combining of, including baking,
boiling, canning, cooking, dehydrating, freezing, frying, grinding, mixing and pressing;

(24) Fur goods, not including tanning and dying;

(25) Glass products, from previously manufactured glass;

(26) Hair, felt and feather products, (except washing, curing and dying);

(27) Hat bodies of fur, felt and cloth;

(28) Hosiery;

(29) Ice, dry and natural;

(30) Ink mixing and packaging and inked ribbons;

(31) Insecticides;

(32) Jewelry;

(33) Laboratories, medical, dental, research, experimental and testing; provided that, there is no
danger from fire or explosion, nor of offensive noise, vibration, smoke, dust, odors, heat, glare or
other objectionable influences;

(34) Laundries;

(35) Leather products, including shoes and machine belting;

(36) Luggage;

(37) Machine shops for tool, die and pattern making;

(38) Meat products;
(39) Metal finishing, plating, grinding, sharpening, grinding, polishing, cleaning, rust proofing
and heat treatment;
(40) Metal stamping and extrusion of small products such as bottle caps, buttons, costume
jewelry, kitchen utensils, pins and needles and razor blades;
(41) Mobile homes and house trailers;

(42) Motor vehicle repair;

(43) Musical instruments;

(44) Orthopedic and medical appliances, such as artificial limbs braces, supports and stretchers;

(45) Paper products, small items such as envelopes and stationery, bags, boxes, tubes and

(46) Perfumes and perfumed soaps, compounding only;

(47) Pharmaceutical products, compounding only;

(48) Poultry and meat processing and retail sale;

(49) Precision instruments such as optical, medical, testing and measuring;
(50) Products from finished materials, including, bone, cork, feathers, felt, fiber, fur, glass, hair,
horn, leather, paper, plastic, rubber, semi-precious stones, shell or yarn;
(51) Rubber products and synthetic treated fabrics, small items such as washers, gloves, footwear,
bathing caps and atomizers;
(52) Printing and newspaper publishing, including engraving and photoengraving;

(53) Repair of household and office equipment;

(54) Silverware, plate and sterling;

(55) Soap and detergents, packaging only;

(56) Soldering and welding;

(57) Sporting and athletic equipment such as balls, baskets, bats, cues, gloves racquets and rods;
(58) Statuary, mannequins, figurines and religious and church art goods, excluding foundry
(59) Textiles, including spinning, weaving, manufacturing, dying, printing, knit goods, yarn,
thread and cordage, but not including textile bleaching;
        (60) Tobacco curing and manufacturing of tobacco products;

        (61) Tools and hardware such as bolts, nuts and screws, doorknobs, drills, hand tools and cutlery,
        hinges, house hardware, locks, non-ferrous metal castings and plumbing appliances and fixtures;
        (62) Toys;

        (63) Umbrellas;

        (64) Upholstering (bulk), including mattress manufacturing and rebuilding and renovating

        (65) Vehicles, children’s such as bicycles, wagons and baby carriages;

        (66) Watches; and

      (67) Wood products, such as furniture, boxes, crates, baskets, pencils and cooperage works.
(C) Wholesaling and warehousing, including motor freight terminals;

(D) Public and community service uses, as follows:

        (1) Publicly-owned facilities and utilities;

        (2) Private utilities providing service to the public; and

        (3) Similar uses, as determined by the Plan Commission.

(E) Miscellaneous uses, as follows.

        (1) Radio and television towers; and

        (2) Signs, as regulated herein.

(F) Uses incidental to permitted uses, as follows:

        (1) Accessory uses;

        (2) Temporary buildings or structures for construction purposes, for a period not to exceed the
        duration of the construction; and

        (3) Eight fence in height. (Prior Code, § 24-105) (Ord. 97-15; Ord. 2001-41; Ord. 2005-43)

VOTE: ___8-0______

I certify that the foregoing information accurately represents the action taken on this matter by
the City of Hobart Plan Commission.

Jake Dammarell, Assistant Eng. (Butler, Fairman & Seufert)
City of Hobart

DATE:                  July 13, 2009

                       MAYOR BRIAN SNEDECOR
                       CITY ATTORNEY ANTHONY DEBONIS

FROM:                  Jake Dammarell, Assistant Eng. (Butler, Fairman & Seufert)

                       PLAN COMMISSION PETITION 09-04

Attached please find a Certification and Proposed Ordinance for your consideration regarding
Plan Commission Petition 09-04 for a rezone from R-2 (Single-Family Residential District) to
M-1 (Light Manufacturing District), 1000 Georgiana Street, located on the NE corner of platted
4th Street and Joliet Street, zoned R-2, approximately 2 acres.


Danny Jones, 7405 Pershing Road, Schererville, IN. requested to vacate a portion of Ohio Street
and rezone two properties to an M-1 for the purpose of expanding his business. He intends to
install gravel in the storage areas and to extend the existing 6’ chain link fence to the east which
will be used to store bundles of galvanized pipe, chain link and ornamental fencing materials.
He stated he was under the impression when he purchased the property six years ago that Ohio
Street was previously vacated. He mentioned an ornamental fence will surround the southeastern
property with the exception of the southern portion along platted 4th Street which will be fenced
with a solid 7’ or 8’ decorative steel fence for screening purposes for the residents to the south.
A landscaping buffer will also be provided on the south side of the fence in the right-of-way. He
stated he owns property to the east of the fenced area which will remain unfenced and wooded.
He also mentioned all truck traffic will enter from the main entrance and will be confined to
inside the fenced areas only.

Mr. Allen requested a non-intrusive type of lighting for the storage areas. Mr. Jones mentioned
he would be willing to light the north side of the storage areas as to not interfere with the
residents on the south.

Mr. Rodriguez questioned the grading of the gravel storage area. Mr. Jones mentioned the
drainage flows to the north, but will provide elevations.

Mr. Truchan mentioned he spoke with Dennis Cobb, Hobart’s Consultant from First Group and
stated Mr. Cobb did not feel this proposed project will impact the proposed bike trail.

Mr. Truchan made a motion to amend the Petitioner’s filings to include Petition 09-06 for a 1-lot
subdivision and to Set for Public Hearing Petitions 09-03 (vacate), 09-03A (rezone), 09-04
(rezone) and 09-06 (subdivision) and to Table Petitions 09-03B and 09-04A, including all
discussion, seconded by Mr. Allen. All ayes, motion carried. (8-0)
Mr. Brezik mentioned Petitions 09-03, 09-03A, 09-03B. 09-04, 09-04A and 09-06 will be heard

Mr. Jones reiterated his intentions for the remonstrators present for his public hearing. He
mentioned the plans he submitted were the same to what he presented at the preliminary hearing
with the exception of relocating the southeastern decorative steel picket fence line in 20 feet as
not to disrupt the heavily wooded area east of the fence and a 10’ set back off the property line
the southern solid steel decorative fence line to allow for the planting of trees with a 1 ½” to 2
½” trunk diameter for a landscaping buffer on the outside of the fence. The abandoned railroad
property will be used for storage of fencing material and gravel will cover the entire fenced area
to allow for percolation of drainage water. Non-intrusive lighting will pertain only to the
northern area of his property unless requested by the residents to the south. A list of restricted
M-1 permitted uses was distributed. He also mentioned there will be no access to the property
from the south.

Mr. Jones explained in order to proceed with the companion petitions for a rezone, a 1-lot
subdivision and site plan; he will need to vacate 100’ of graveled, but platted Ohio Street.

Mr. Truchan explained that the companion petitions are obscured due to title issues and legal
descriptions, but the proposed vacate can proceed since the legal description was correct.

Mr. Brezik opened and closed the Public Hearing for Petition 09-03 without remonstrator’s

Mr. Allen made a motion to recommend approval to the Board of Works for Petition 09-03,
including all discussion, seconded by Mr. Waldrop. All ayes, motion carried. (8-0)

Mr. Brezik opened the Public Hearing for Petitions 09-03A, 09-04 and 09-06.

Sergio Mendoza, 400 S. Joliet Street: Mr. Mendoza mentioned he lives directly south of the
proposed project and although was not opposed to the rezone, presented a petition signed by
surrounding neighbors who are against the rezone and/or the impact to the neighborhood
stating the property has been in violation for years and continues to do so, photographs of
debris on the property and asked if, when and how will the debris be removed from the site. He
presented a rendering of a landscape design from the IN DNR, Division of Forestry identifying
trees that were suitable for the State of Indiana, as well as, the height and maturity level along
with planting instructions of the trees. He also expressed his concerns regarding a no-access
easement along the platted 4th Street right of way, and a list of restricted uses which will be
removed from the M-1 permitted uses. He requested 15’ to 20’ setback for the fence line with
additional trees planted for a landscaping buffer. He also requested the Commission
recommend to the Board of Works to install a “Dead End” sign on the northeast corner of Joliet
and 5th Streets.

Mr. Jones agreed to increase his fence setback 20’ from the platted 4th Street right of way and to
allow the natural growth to continue to grow which will add to enhance the natural aesthetic in
addition to the landscaping buffer. He also agreed to remove the debris on the property.
Discussion ensued regarding the drainage issues in which Mr. Mendoza stated he received a
letter from a neighbor residing on the northwest corner of Liberty Place and parallel to his
residence stating water is flowing from the north into the alley and north side of her property.
He also has noticed an increase of flowing water, but he stated he was not sure if it was due to
the excessive rain or due to the absence of the trees and their root structures. He reiterated by
saying if Mr. Jones were to follow the information from the Indiana Dept. of Natural Resource
Tree and Planting Guide, it is proven that trees with larger leaves will hold the water thus
avoiding the saturation or runoff of rain water on the ground. Mr. Truchan mentioned the
grading plans are incorporated with the subdivision plat and at this particular time it is not ready
for submittal.

Mr. Allen made a motion for the Public Hearing for Petitions 09-03A, 09-04 and 09-06 to
Remain Open and Petitions 09-03B and 09-04A to Remain Tabled, including all discussion,
seconded by Mr. Tipton. All ayes, motion carried. (8-0)

 Mr. Jones mentioned he was waiting for the clarification on the title work for the EJ&E property
which is delaying the subdivision plat and requested approval for Petition 09-03A to allow the
rezone enabling him to move forward for the fenced area. The plat for the vacate of Georgiana
Street and Chicago Street was distributed along with the drainage plan for the subdivision. He
reiterated by saying the southern portion of his property will contain a steel screen fence with a
20’ set back to allow for the planting of trees according to the Indiana Guidelines. He will also
extend the steel screen wall fencing 48’ to the north on the west and east sides of the southern
fence to further screen visibility for the additional storage area.

Mr. Brezik mentioned that if the existing fence was determined to be on property which is not
owned by Mr. Jones he will either need to purchase the property or the fence will need to be

Ms. Galka re-opened the Public Hearing for Petitions 09-03A, 09-04 & 09-06.

Fred Rich, 423 S. Joliet Street: Mr. Rich inquired as to the time frame of clearing the debris
from the property. He also has concerns regarding the noise from the loading of the trucks and
asked what assurance the neighbors had that they will not be disturbed should Mr. Jones decide
to load the trucks early in the morning.

Mr. Jones mentioned he and Boyd Construction have an agreement to share the cost for the
removal of the debris which he stated has already begun and is to be completed in 30 days.

Mr. Lewis stated a new noise ordinance will be addressing this issue. Mr. Truchan did not feel
that a noise ordinance would pertain in a manufacturing zone.

Sergio Mendoza, 400 S. Joliet Street: Mr. Mendoza mentioned the debris is beginning to be
cleared away and stated he appreciated Mr. Jones extending his fence 48’ north from the
southern property. He asked Mr. Jones to place a stake 48’ indicating the location of the fence.
He also preferred a no access easement to encompass the east and west sides of the property.
He mentioned he reviewed the uses that Mr. Jones elected to restrict for the M-1 zone and
expressed concerns regarding conditional uses that were not omitted.

Mr. Jones mentioned the slats in the fence will appear solid since his property is located at an
angle which will not allow neighbors to see into the storage area.
Hearing no further comments from the remonstrators, Ms. Galka recessed the Public Hearing for
Petitions 09-03A, 09-04 and 09-06 but will remain open.

Mr. Tipton made a motion to Table Petitions 09-03A, 09-03B, 09-04, 09-04A, 09-06 and 09-13,
including all discussion, seconded by Mr. Allen. All ayes, motion carried. (8-0)

Mr. Fulton made a motion to rescind the previous motion, including all discussion, seconded by
Mr. Brezik. All ayes, motion carried. (8-0)

Mr. Tipton made a motion to Table Petitions 09-03A, 09-03B, 09-04, 09-04A and 09-06,
including all discussion, seconded by Mr. Allen. All ayes, motion carried. (8-0)

Mr. Allen made a motion to Set Petition 09-13 for Public Hearing, including all discussion,
seconded by Mr. Fulton. All ayes, motion carried. (8-0)


Mr. Jones, 7405 Pershing Road, Schererville, requested to vacate Chicago Street north of 4th
Street and a portion of Georgiana Street east of the EJ&E right-of-way. Ms. Galka mentioned
the public hearings for companion petitions 09-03A, 09-04, and 09-06 will continue to remain
open, but will be tabled due to unresolved legal ownership issues.

Ms. Galka opened and closed the Public Hearing for Petition 09-13 without public comments.

Mr. Allen made a motion to Grant a Favorable recommendation for Petition 09-13, including all
discussion, seconded by Mr. Waldrop. All ayes, motion carried. (7-0)

Tabled at acceptance of agenda.

Petitions 09-03A, Rezone from B-2 & R-2 to M-1; 09-03B, Site plan; 09-04, Rezone from R-2 to
M-1; 09-04A, Site plan were heard in conjunction with Petition 09-06, 1-lot subdivision.
Mr. Jones mentioned portions of Chicago Street, Georgiana Street and Ohio Street have been
vacated along with obtaining clear deeds for the EJ&E RR properties. He stated site plans have
been submitted presenting the extension of his fences to surround a lime stoned storage area only
to be accessed by the existing entrance on Georgiana Street and a no access easement along the
southern property line north of 4th Street. He also agreed to construct a solid steel fence along 4th
Street with a set back of 20’ on a 4 to 5 foot berm to allow for a landscaping buffer and to extend
northerly 48’ on the east and west to incorporate into a 7’ ornamental picket steel fence on the
east and west properties. A small triangular area to the west will remain vacant as will property
farthest to the east. There will be 2 catch basins along 4th Street to allow drainage to flow to the
property to the east. Down cast lighting will be installed along the northern portion of the
property as not to interfere with the neighborhood to the south.

Ms. Galka opened the Public Hearings for Petitions 09-03A and 09-04.
Fred Rich, 423 S. Joliet Street, 942-4271: Mr. Rich acknowledged that Mr. Jones has attempted
to clear the debris from the property, but it has not been completed. He presented photos of piles
of debris which has deposited on the 4th Street easement. Mr. Jones mentioned that his property
has been properly cleaned and debris removed and suggested this debris is from Boyd
Construction property. It was mentioned that Mr. Rich’s comments should be directed to Mr.
Lewis as this is a nuisance complaint and did not deal with the rezoning of Mr. Jones’ property.
Mr. Rich mentioned although it is not at an inopportune time, but he had concerns regarding the
noise in the morning. He also credited Mr. Jones with the clearing of debris off his property.

There being no further comments, Ms. Galka closed the Public Hearings for Petitions 09-03A
and 09-04.

Mr. Allen made a motion to Approve and Recommend Petitions 09-03A and 09-04 to the Board
of Works to include the agreement on the restrictions in the M-1 zoning, including all discussion
and findings and decisions, seconded by Mr. Waldrop. All ayes, motion carried. (8-0)

Ms. Galka opened and closed the Public Hearing for Petition 09-06 without comments.

Mr. Allen made a motion to Grant Preliminary and Final Approval for Petition 09-06, contingent
upon a no access easement along platted 4th Street, including all discussion and findings and
decision, seconded by Mr. Fulton. All ayes, motion carried. (8-0)

Mr. Jones mentioned the lighting will resemble parking lot poles and will either connect conduit
to the fencing to run the electrical wiring or will bury the wires. Mr. Jones also mentioned he
has the 7’ ornamental fence in stock but will need to order the solid fencing. He requested
permission to install a temporary dark green wind screen to secure his property until the solid
fence is able to be installed.

Mr. Lewis felt a temporary fence can be issued subject to a purchase order in place for the solid
fencing and also he requested an engineer certified site/drainage plan.

Mr. Allen made a motion to Grant Site Plan Approval for Petitions 09-03B and 09-04A
contingent upon the installation of a temporary fence through the submission of a purchase order,
limestone be installed in the storage areas, no overhead wiring or wooden poles be used for the
lighting on the northern portion of the property and an engineer certified drainage/site plan be
submitted, including all discussion, seconded by Mr. Tipton. All ayes, motion carried. (8-0)

Mylars were signed at the end of the meeting.

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