44-24 Annexing and Amending the Zoning Ordinance for Property Located at 25471, 25481, and 25491 Cleveland Road

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Staff Report-PC#0224-24 9/16/2024 2. Current Conditions and Character: Currently the character of the properties located within the City to the north are industrial uses and the properties located in the County are residential to the south and west and industrial to the east. 3. Most Desirable Use: The most desirable land use would be one which supports the ongoing development in the area in a manner compatible with the surrounding context. 4. Conservation of Property Values: The properties in the area a mix of residential and industrial uses. The annexation and rezoning should not affect the use or value of the surrounding properties, as long as an appropriate buffer is preserved between the industrial property and residential properties to the west, preserving the existing mature vegetation. 5. Responsible Development and Growth: It is responsible development and growth to require properties contiguous to the City limits to annex into the City and the time of development. Likewise, it is responsible development to allow property in an industrially developing area to be used for industrial growth at a scale that is compatible with the adjacent residential properties. Variance(s) The petitioner is seeking the following variance(s): 1) from required hard surface for outdoor storage to aggregate 2) from the required Type 3 buffer to existing vegetation on the East and a 6' - 8' earthen berm plus existing vegetation on the West 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 of outdoor storage on aggregate should not be injurious to the general welfare of the community. The aggregate surfaced storage area will be a considerable distance from the right of way and buffered from any privately owned adjacent property, limiting any adverse affects of the use or value of the adjacent properties. A variance from the required type 3 buffer to the existing vegetation on the east and the existing vegetation plus an earthen berm on the west would not be injurious to the general welfare of the community. The use of existing mature vegetation to buffer the property from surrounding incompatible uses would meet the intent of the ordinance. (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 use and value of adjacent properties should not be adversely impacted by the proposed variances. The aggregate surfaced storage area will be a considerable distance from the right of way and buffered from any privately owned adjacent property, limiting any adverse affects of the use or value of the adjacent properties. The use of the existing mature vegetation to the east, and the mature vegetation with an added earthen berm to the west will provide appropriately buffering. SOUTH BEND PLAN COMMISSION Page 4 of 5