05-26-15 Agenda, Packet & Committee Meeting Notice

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Staff Report 5/8/2015 recommend approval. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006). Policy LU 2.2: pursue a mix of land uses along major corridors and other locations identified on the future land use map. Policy ED 1.2: Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The future land use map identifies this area as Commercial. Plan Implementation /Other Plans: No other plan is in effect for this area. 2. Current Conditions and Character: The 2200 block of Mishawaka Avenue is a commercial node with a mix of non - residential uses. 3. Most Desirable Use: The most desirable use is one that is compatible with the mixed -use character of this commercial corridor. 4. Conservation of Property Values: Physical improvements and use of this site for a tattoo shop should not adversely affect surrounding property values. 5. Responsible Development And Growth: It is responsible growth and development to allow this property to develop into a business that will serve the community. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and two 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 Special Exception Use is for a tattoo parlor. A special exception use may only be granted upon making a written determination and adopting appropriate Findings of Fact, 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 APC # 2742 -15 Page 2 of 3