06-23-14 Council Agenda & Packet

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Staff AwmrL 5. Responsible Development And Growth: 5/5/2014 It is responsible development and growth to accommodate appropriate and compatible responsible infill development on an underutilized property. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and three 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 CB Community Business District to GB General Business District. The Special Exception Use is for a for a mini - warehousing facility with outdoor storage. The petitioner is also requesting the following three variances: 1) from the required Type A: Open landscaping to no additional trees along the East, North and West property lines and to existing trees along the South property line as shown; 2) from the required foundation landscaping along the North and East facades of the building to no landscaping; and 3) from the required Type C: Full Screening landscaping along the North property line to Type B: Partial Screening landscaping. State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing the staff recommends the rezoning petition be sent to the Common Council with a favorable recommendation, subject to the written commitment that: "no buildings, outside storage areas, or pavement, other than existing driveway shall be allowed to be placed within 90 feet of the north property line of the above described property". Based on the information available prior to public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. The staff recommends approval of variance #I on the west and south, but not east, and approval of variances #2 and 3 as proposed. Analysis: The building has had a number of tenants but has sat vacant and underutilized for many years. The proposed use is compatible with the existing building, and the commitment to remain 90' from the north property line addresses the historical buffer. APC 4 2704 -14 Page 3 of 3