05-23-16 Council Agenda and Packet

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Staff Report 5/5/2016 Agency Comments: The County Surveyor recommends approval. The Department of Community Investment recommends approval and recommends that the petitioner install a bike rack and limit the number of residential units on site. City Engineering is requesting a traffic study be done for the new curb cut along Dr. Martin Luther King, Jr. Street. The Historic Preservation Commission recommends approval. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -74-603: 1. Comprehensive Plan: Policy Plan: This petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006). Objective UD 2.1: Provide incentives to preserve historic buildings in the city; and H 2.1: Provide incentives to renovate and repair older and historic homes. Land Use Plan: The future land use map identifies this area as residential and mixed -use. Plan Implementation /Other Plans: No other plans exist for this area. 2. Current Conditions and Character: This area has developed as residential, with some low- impact commercial uses. 3. Most Desirable Use: The most desirable use is one that will best preserve and maintain the residential character of the building and of the neighborhood. 4. Conservation of Property Values: Surrounding property values should not be adversely affected by the conversion of this site allow for limited commercial and residential uses. 5. Responsible Development And Growth: It is responsible development and growth to allow this historic site to be rehabilitated and developed as a multi - family and office building. Combined Public Bearing: The petitioner is requesting the following variances: 1) from the required minimum 30 parking spaces to 13; 2) from the required minimum parking stall depth of 20' to 18'; 3) from the required minimum drive aisle width of 24' to 22'; 4) from the maximum allowable 40' building height to 46; and 5) from the required landscaping of required perimeter yards to none. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. (1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community. The approval of the parking lot configuration is contingent upon a traffic study being completed, which will ensure public safety. APC # 2781 -16 Page 2 of 3