12-17 Rezoning 17330 SR 23 (Old National Annexation)

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ATTACHMENT-PETITION FOR ZONE MAP AMENDMENT,ANNEXATIG V> Rk,N�and� IANCE_S,—�-,--1-, 17330 STATE ROAD 23-PARCEL NO.002-2019-041102(0.92 At ME+/-) SEP 2 911-017 j? AREA l3LAbl C ) :01l,:,S!O;`l Zone Map Amendment and Annexation �':+.;�lnu-,, y' .?p .Ole r (a) The proposed zone change will not be injurious to the public health, safety, comfort, community moral standards,convenience or general welfare because: a. The Petitioner plans to utilize existing driveways in their same basic position and configuration,thus maintaining same traffic movements to and from the subject property. "Automobile service stations for the retail sale and dispensing of fuel" are permitted in the current "C (Commercial District)"of the County of St. Joseph, so amending the Zoning Map for the City of South Bend to designate the subject property as "CB (Community Business)" will have no impact because "Automotive Uses: Gasoline Service Station" is a permitted use in the code(at Section 21-03.05.(a)(1)(A)). (b) The proposed zone change will not injure or adversely affect the use of the adjacent area or property values therein because: a. The proposed use is permitted in both present zoning of the County and present zoning of the City. (c) The proposed zone change will be consistent with the character of the district in which it is located and the land uses authorized therein because: a. "CB (Community Business)' is the zoning of adjacent properties on the same side of Douglas Road as the subject property. b. The Petitioner is voluntarily proposing building materials, roof materials and pitch, signage, and landscaping that is compatible with the character of this neighborhood. (d) The proposed zone change is compatible with the recommendations of the City of South Bend Comprehensive Plan because: a. The Plan provides a Future Land Use Map (Map 3.1, page 20), showing "Commercial" development for the subject property. b. The proposed use is compatible with adjacent uses,thus consistent with Objective LU 2 set forth in the Comprehensive Plan, and appropriate for an intersection with an Urban Arterial(SR 23). Variances The Petitioner respectfully requests these variances from the South Bend Zoning Code: Sec 21-03.05(b) (3) (A) ii.- Proposing an Interior Access Drive within 6' of the right-of-way line in the Front Yard whereas the code requires a minimum of 15'. Sec 21-03.05(b)(11) (A) v—Proposing an Outdoor Seating Area of 732 SF(or 21.1% of the Gross Floor Area of the Convenience Store) to accommodate 20 seats whereas the code permits only 346 SF (i.e., no more than 10%of a"Restaurant"). Sec 21-07.01(c) (1) (B) — Proposing 29 Hedge Plants for Foundation Landscaping whereas 52 Hedge Plants are required, given the width of the building elevations that face a Front Yard. O:\Projects\_Indiana\Non-Governmentai\Star 001,lnc\17-0300 17330 SR 23,South Bend\Petition—Annexation and Rezoning