10-25-2021 Agenda Packet-FINAL - Laserfiche WebLink

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Staff Report -PC#0067-21 9/20/2021 SOUTH BEND PLAN COMMISSION Page 4 of 5 Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1.Comprehensive Plan: Policy Plan: The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006), Objective ED 2: Retain existing businesses and recruit new ones to the city. Land Use Plan: The Future Land Use Plan identities this area for Mixed Use. Plan Implementation/Other Plans: There are no other plans specific to this area. 2.Current Conditions and Character: While the proposed development was annexed with the intent of being a mixed use area, the highway interchange needed to make that successful never materialized. The area is currently rural residential and agricultural. 3.Most Desirable Use: The most desirable use, as this time, is a use more compatible with the growing industrial and distribution growth seen east of the bypass. 4.Conservation of Property Values: The I Industrial District includes buffering requirements designed to mitigate the impact on surrounding property values. 5.Responsible Development and Growth: It is responsible development and growth to allow for the site to be used in a similar manner to properties east of the bypass. As the land is already annexed into the City Limits, using the land to its highest and best use is responsible development for the City. Variance(s) The petitioner is seeking the following variance(s): 1) from the required durable dust free surface for outdoor storage to gravel State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community. The approval will not be injurious to the public health, safety, morals and general welfare of the community. Due to the distance of the parking lot from any accessible public right-of-way and being bounded by a limited access highway with no direct access from the site, the negative impacts of a gravel parking lot are mitigated and should not be injurious to the general welfare of the community. (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The parking lot will be a considerable distance and buffered from any privately owned adjacent property. This should limit any adverse affects of the gravel parking. The existence of the bypass to the east and large buffering on site should also limit any adverse affects. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Criteria for Decision Making Rezoning