Bill 13-16 Rezoning 424, 426, 430 Cushing St. and 726, 736 Lincolnway West

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Staff Report Agency Comments: 4/7/2016 County Surveyor recommends approval. City Engineer recommends approval, subject to review and approval of engineering plans for drainage, water, sewer, and other infrastructure improvements on site. Department of Community Investment recommends approval, but recommends that Smart- Streets principles be used to enhance the site, and the facade be constructed according to the West Side Main Streets Design Guidelines. 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 the West Side Main Streets Plan (2014): Create Destinations and Focus Retail into Nodes rather than Strip Development. Land Use Plan: The Future Land Use Map identifies this area as a Neighborhood Commercial Node. Plan Implementation /Other Plans: There are no other plans for this area. 2. Current Conditions and Character: Lincolnway West between downtown South Bend and Sherman Avenue is a neighborhood commercial corridor with a mixture of commercial and residential uses. 3. Most Desirable Use: The most desirable use is one that is compatible with the mixed use nature of the corridor. 4. Conservation of Property Values: Due to the existing commercial nature of Lincolnway West, surrounding property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible development and growth to rezone this property to MU Mixed Use District, the most prevalent zoning district in this neighborhood corridor, and also the most appropriate based on the MU Mixed Use development standards. Combined Public Hearing The petitioner is seeking the following variances: 1) From the required minimum 50% of a building's front facade to be located within the minimum and maximum setback to 39% along Lincolnway West; 2) From the required minimum 20' parking setback along Lincolnway West to 15% and 3) From the maximum allowable 8,000 square feet for a single retail use to 8,225 square feet State statutes and the South Bend 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: Only a small portion of two parking spaces will be encroaching into the 20' setback. The proposed structure is 3% larger than what is allowed. The relatively small variations requested are consistent with the character of the area and will not be injurious to the APC # 2776 -16 Page 2 of 3