02-24 711 Leland Ave PC#0187-24 Rezoning (Substitute)

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Staff Report-PC#0187-24 1/16/2024 The future land use plan identifies this area as low density residential. With a residential unit located on the 2nd floor of the structure, it will continue its historic residential use. Plan Implementation/Other Plans: The petition is consistent with the Near Northwest Neighborhood Plan (2019)which encourages amenities that serve the neighborhood; increase housing choice; and encourage of mix of uses. The petition is also consistent with City Plan, South Bend Comprehensive Plan (2006), Objective LU2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. 2. Current Conditions and Character: The vast majority of the neighborhood was built prior to 1917. A mix of uses is appropriate in select locations including the corridors and new development should not detract from the character of the existing residential areas. 3. Most Desirable Use: The most desirable use, at this time, is to allow for small scale development as a retail or restaurant space with upper floor retail, which fits into the established character of the neighborhood. 4. Conservation of Property Values: The OF Urban Flex district was established to enhance and support a full range of housing types and small-scale commercial uses found outside neighborhood centers. The proposed rezoning will allow for the conservation of property values throughout the area by the development of amenities that serve the neighborhood. 5. Responsible Development and Growth: It is responsible development and growth to allow for small-scale commercial development that will not detract from the character of the existing residential areas. Special Exception The petitioner is seeking a Special Use to allow: Retail & Service and Restaurant A Special Use may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The proposed use should not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare as any proposed restaurant or retail space will meet all applicable building and fire safety codes. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use should not injure or adversely affect the use of the adjacent area or property values as the outward appearance of the structure would continue to be residential and the use would be limited in scale by the nature and size of the structure. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; While not immediately fronting Portage Avenue, the unique street configuration in this area makes it feel like it is part of the Portage Avenue frontage. The property would be developed in a mixed use format with a residential unit on the 2nd story of the existing structure, allowing for a SOUTH BEND PLAN COMMISSION Page 4 of 5