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

Home Browse Search

Staff Report -PC#0067-21 9/20/2021 SOUTH BEND PLAN COMMISSION Page 5 of 5 The strict application of the terms of this Chapter would require the developer to develop their site to unnecessary standards. The site is far removed from adjacent uses and bordered by a limited access highway. (4) The variance granted is the minimum necessary. The variance granted is the minimum necessary for the petitioner to develop the site in accordance with the I Industrial District standards and taking into account the unique conditions of the property. (5) The variance granted does not correct a hardship caused by a former or current owner of the property. The variance granted does not correct a hardship caused by a former or current owner of the property. Neither the current nor former owners are responsible for the bypass running alongside the property or the rural nature of the surrounding properties. Commitments: There are no written commitments proposed. Analysis: While the NC Neighborhood Center District is the most closely related district to the original uses of the PUD, it is not well suited for this area. The NC District is typically pedestrian- orientated in scale and well connected to surrounding residential neighborhoods. The site will most likely never meet those characteristics, and the mixed use development originally proposed will likely never occur. As a public utility regulation by the IURC, the AEP substation is permitted by right in any district. The zoning ordinance cannot restrict the location of the proposed substation and utility lines. Allowing the site be zoned to the I Industrial District will better suit the use and provide additional protections for adjacent property owners through increased buffering. Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. Analysis & Recommendation