06-10-13 Council Agenda & Packet

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Staff Report 5/9/2013 5. Responsible Development And Growth: It is responsible development and growth to allow for a variety of adaptive reuses along a commercial corridor. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and a number of variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation and either approve or deny the variances. The rezoning is from MU Mixed Use to LB Local Business District. The Special Exception Use is for a gasoline service station. The petitioner is also requesting the following I 1 variances; 1) from the requirement of providing perimeter trees at a minimum rate of one over-story deciduous tree every 40 feet to providing a minimum of two trees in the parkway of Kenmore on the west side of the site and one tree along the north property line; 2) from the requirement of providing a minimum of a six foot wide landscape planting area along the Western Avenue facade of the existing building to no landscaping and to a minimum of ten shrubs along the Kenmore Street; 3) from the requirement of providing Type "B"residential buffer yard screening along the north and east property lines to providing a minimum six foot high landscape screening fence along said property lines to the required ten foot sight triangle at the northwest corner of the site and ten foot sight triangle at the southeast corner of the site; 4)to allow parking spaces, pavement and a dumpster and dumpster enclosure to be placed in the twenty foot wide Residential Buffer yard along the north property line and east property line to a minimum of one foot along the north property line and to a minimum of two foot along the east property line as show; 5)from the requirement of providing a minimum of 24 foot aisle way in the shown north parking area to a minimum of 22 feet; 6) from the requirement of providing a minimum 20 foot in length of their parking spaces to 19 foot; 7)to allow a canopy over the gasoline pumps to encroach a maximum of 13 feet into the 20 foot wide residential buffer yard along the east property line and to a maximum of 15 feet into the 30 foot front yard building setback along Western Avenue; 8) from the requirement of providing a minimum of a ten foot wide drive-thru lane and 12 foot wide bailout lane for the proposed gasoline dispensing facility to providing a minimum of nine foot wide drive thru- and bailout lanes; 9)from the minimum 15 foot parking setback along Kenmore Street to a minimum of six foot for proposed parking spaces; 10) from the minimum 30 foot front yard setback along Western Avenue to a minimum of nine feet and from the minimum of 30 foot front yard building setback along Kenmore Street to a minimum of eight feet for an existing building; and 11)from the requirement of providing foundation landscaping on three sides of the dumpster enclosure to screening as shown. State statues and the South Bend Zoning Ordinance require that certain standards must be APC # 2670-13 Page 3 of 4