HomeMy WebLinkAbout22-17 Rezoning- Property at Ireland and Layayette"P"
Land Surveyors N Professional Engineers
Landscape Architects • Land Planners
Office: (574)234 -4003 / C800)594 -4003 A Fax: (574)234 -4009
1643 Commerce Drive ■ South Bend, IN 46628
Honorable Members of the City of March 27, 2017
South Bend Common Council
4th Floor County -City Building
South Bend, Indiana 46601
RE: Rezoning Petition for vacant land Northeast of Ireland Rd. and Lafayette Blvd.
South Bend, Indiana 46614
Dear Council Members:
Our clients are requesting the approval of a Rezoning Petition for the properties located north along Ireland
Road between Lafayette Blvd. and Main Street. This requested Rezoning would allow for the approval of a
financial services /bank facility to be built on Parcel "A" shown on the attached site plan. Parcel "B" as shown,
will allow for future commercial development. This property is located at the intersection of two busy
commercial corridors, Ireland Road and Main Street.
Our clients believe the proposed commercial zoning for this property would be compatible with the
surrounding existing commercial developments.
If you have any questions concerning this matter, please feel free to give me a call at 234 -4003.
Sincerely,
Michael J. Danch
President
Danch, Harner & Associates, Inc.
File No. 170128 "C" Md
Filed in Clerk's Office
MAR 31 2017
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
td:v I 1W_
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM I1 +0 COUNTY -CITY BUILDING, SOU -fH BEND, INDIANA +6601 (Si+) 235 -9571
April 4, 2017 [Filed inGl :rk'S C)Ifi�;�; South Bend Common Council �p� � � 2� 1 �
4�' Floor, County -City Building South Bend, IN 46601EMAHl�VLER
F1K. SOUTH SKN -, IN
RE: Rezoning for West Ireland Road and Lafayette Blvd.
APC# 2821 -17
Dear Council Members:
Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location.
Please include the attached Ordinance on the Council agenda for first reading at your April 10,
2017 Council meeting, and set it for public hearing at your May 22, 2017. Council meeting. The
petition is tentatively scheduled for public hearing at the May 16, 2017 Area Plan Commission
meeting. The recommendation of the Area Plan Commission will be forwarded to your office by
noon on the day following the public hearing.
If you have any questions, please feel free to contact our office.
Sincerely,
D a M. Stanton, Jr.
Planner
CC: Aladean DeRose
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W . S T J O S E P H C 0 U N T Y I N D 1 ANA. C 0 M/ A R E A PLAN
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the
community: SEE . 7714C.'Iff.;D
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner; and: :SE .4174('111"D
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: SEE 17'1.- t ::ILE'D
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section):
1) A detailed description and purpose of the Special Exception Use(s) being requested: Insert lust
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
(a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards,
convenience or general welfare: Insert test
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: Insert teavi
(c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein; and: Insert text
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. Inseri lexi
* In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
D;INCF7. HAR.NT'l? cF. 4S,5 ? {:.LITE:S'
1643 CO_iLkfERCE DRI bT
L'%- -f 662 k
"74-234-4003
nidanch � d;;chh431-ner.coM
BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE -
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s) of all property gv9ner(s), pf signature of Attorney for all property owner(s):
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the
community: SEE .4'i'7'F4C HED
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner; and: SE .4`I'7'FIC.'7IED
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: SI'Is.ITZ�2C:'fIF'1:)
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section):
1) A detailed description and purpose of the Special Exception Use(s) being requested: Insert text
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
(a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards,
convenience or general welfare: his rt text
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: Insert text
(c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein; and: Insert text
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan—Insert text
* In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
D.4 NC.II.. II.1 Rik-T-7? &-. I:S' COC L4 TI_- '.S`
1643 Ct:)._ hVERCEDRIb'E
,SOtfTH BEND, 46628
i
.4-234-4003
Y/tdtXi7[ l ci c1 cl harner.com
BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE -
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s) of all property gwner(s), ff signature of Attorney for all property owner(s):
PETITIONERS /OWNERS:
GATES AND GATES REALTY, LLC
640 IRELAND ROAD
SOUTH BEND, IN 46614
LAND SURVEYOR:
DANCH, HARNER & ASSOCIATES, INC.
1643 COMMERCE DRIVE
SOUTH BEND, INDIANA 46628
PARCEL "A" (NW CORNER OF IRELAND RD. AND LAFAYETTE BLVD.)
REQUESTED VARIANCES FOR PARCEL "A ":
Filed in Clerk's Office
MAR 31 2017
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
1). FROM SECTION 21- 03.11(G)(vi) PROVIDE AT LEAST FIVE (5) WAITING SPACES PRIOR TO THE FIRST
OCCURRENCE OF ANY ORDERING, PICK -UP OR SERVICE FACILITY.
REQUESTING A VARIANCE FROM REQUIRED MINIMUM FIVE (5) CAR STACKING PER DRIVE -UP LANE TO A
MINIMUM OF THREE (3) CAR STACKING PER DRIVE -UP LANE AS SHOWN ON THE PRELIMINARY SITE PLAN.
2). FROM SECTION 21- 07.04(E)(17) FINANCIAL INSTITUTIONS / BANKS: ONE (1) PARKING SPACE PER TWO -
HUNDRED (200) SQUARE FEET OF GROSS FLOOR AREA, PLUS PARKING
SPACES AS REQUIRED FOR EACH WALK -UP, DRIVE THROUGH OR FREESTANDING BANK MACHINE.
REQUESTING A VARIANCE FROM THE REQUIRED FORTY -ONE (41) PARKING SPACES TO A MINIMUM OF THIRTY -
FOUR (34) PARKING SPACES.
REQUESTED VARIANCE INFORMATION:
THE PETITIONERS /OWNERS DESIRE TO SALE APPROXIMATELY 1.60 ACRES OF LAND LOCATED AT THE
NORTHWEST CORNER OF IRELAND ROAD AND LAFAYETTE BOULEVARD. THIS 1.60 ACRE OF LAND, PARCEL "A ",
IS PART OF A LARGER PARCEL OF LAND OF APPROXIMATELY 3.12 ACRES LOCATED BETWEEN LAFAYETTE
BOULEVARD AND MAIN STREET THAT THE PETITIONERS /OWNERS HAD RECENTLY SUBDIVIDED INTO TWO LOTS
KNOWN AS GATES LAFAYETTE BLVD. MINOR SUBDIVISION. THE 3.12 ACRES OF LAND IS CURRENTLY ZONED
"SF2" SINGLE - FAMILY AND TWO- FAMILY RESIDENTIAL DISTRICT. THE PETITIONERS /OWNERS ARE REQUESTING
TO REZONE THESE TWO LOTS OF THE GATES LAFAYETTE BLVD. MINOR SUBDIVISION FROM "SF2" SINGLE -
FAMILY AND TWO- FAMILY RESIDENTIAL DISTRICT TO "CB" COMMUNITY BUSINESS DISTRICT. THE REZONING TO
"CB" COMMUNITY BUSINESS DISTRICT WILL ALLOW THE CONTINGENT PURCHASER OF PARCEL "A" TO DEVELOP
A BANK FACILITY ON THIS PROPERTY. THE PROPOSED DEVELOPMENT WILL CONSIST OF A 1- STORY,
APPROXIMATE 7,716 SQUARE -FOOT BANK BUILDING WITH A THREE LANE DRIVE -UP SERVICE WINDOWS AND A
TOTAL OF 34 PARKING SPACES. AS PART OF THE PROPOSED BANK DEVELOPMENT THE PETITIONERS /OWNERS
ARE REQUESTING THE FOLLOWING VARIANCES:
1). FROM SECTION 21- 03.11(G)(vi) PROVIDE AT LEAST FIVE (5) WAITING SPACES PRIOR TO THE FIRST
OCCURRENCE OF ANY ORDERING, PICK -UP OR SERVICE FACILITY.
REQUESTING A VARIANCE FROM REQUIRED MINIMUM FIVE (5) CAR STACKING PER DRIVE -UP LANE TO A
MINIMUM OF THREE (3) CAR STACKING PER DRIVE -UP LANE AS SHOWN ON THE PRELIMINARY SITE PLAN.
2). FROM SECTION 21- 07.04(E)(17) FINANCIAL INSTITUTIONS / BANKS: ONE (1) PARKING SPACE PER TWO -
HUNDRED (200) SQUARE FEET OF GROSS FLOOR AREA, PLUS PARKING
SPACES AS REQUIRED FOR EACH WALK -UP, DRIVE THROUGH OR FREESTANDING BANK MACHINE.
REQUESTING A VARIANCE FROM THE REQUIRED FORTY -ONE (41) PARKING SPACES TO A MINIMUM OF THIRTY -
FOUR (34) PARKING SPACES.
THE PETITIONERS /OWNERS WOULD ASK THE COMMISSION MEMBERS TO AGREE THAT THE APPROVAL OF THE
ABOVE REQUESTED VARIANCES BASED ON THE FOLLOWING FINDINGS OF FACT:
THE APPROVAL WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF
THE COMMUNITY BECAUSE THE PROPOSED WILL ADHERE TO ALL LOCAL AND STATE BUILDING CODES AND
REQUIREMENTS.
THE USE AND VALUE OF THE AREA ADJACENT TO THE PROPERTY INCLUDED IN THE VARIANCE WILL NOT BE
AFFECTED IN A SUBSTANTIALLY ADVERSE MANNER BECAUSE AMPLE PARKING AND DRIVE -UP VEHICULAR
STACKING WILL BE PROVIDED BASED ON SIMILAR FINANCIAL SERVICES /BANK FACILITIES THE PETITIONER HAS
DEVELOPED IN THE PAST.
THE STRICT APPLICATIONS OF THE TERMS OF THIS ORDINANCE WOULD RESULT IN PRACTICAL DIFFICULTIES IN
THE USE OF THE PROPERTY. THE DRIVE -UP STACKING REQUIREMENTS AS IDENTIFIED IN THE ORDINANCE ARE
DESIGNED TO FACILITATE HIGH INTENSITY USES SUCH AS FAST -FOOD RESTAURANTS. THE ORDINANCE DOES
NOT IDENTIFY SEPARATE VEHICULAR STACKING REQUIREMENTS FOR LOW INTENSITY DRIVE -UP USES SUCH AS
BANKING. FURTHERMORE, MANY FINANCIAL AND BANKING TRANSACTIONS OCCUR DIGITALLY OR OVER THE
INTERNET. THE NEED FOR PERSON TO PERSON BANKING HAS DECREASE OVER THE YEARS ALONG WITH THE
NEED FOR ADDITIONAL PARKING AT THESE FACILITIES. THE PROPOSED PARKING IS SUFFICIENT TO MEET THE
NEEDS OF SUCH USE.
LEGAL DESCRIPTION:
A PART OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST,
CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A
LOT # 1 AND LOT #2 OF THE PLAT OF "GATES LAFAYETTE BLVD. MINOR SUBDIVISION" AS RECORDED
BY DOCUMENT NO. 1705854 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S
OFFICE.
CONTAINING 3.12 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD.
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT THE NORTHEAST CORNER OF IRELAND ROAD AND LAFAYETTE
BLVD., COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Use permitted in CB Community Business District, including but not limited to:
financial services /bank and for future retail development.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly
known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same
hereby is amended in order that the zoning classification of the following described real
estate in the City of South Bend, St. Joseph County, State of Indiana:
A PART OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH,
RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT #1 AND 2 OF THE PLAT OF
"GATES LAFAYETTE BLVD. MINOR SUBDIVISION" AS RECORDED BY DOCUMENT
NO. 1705854 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA
RECORDERS OFFICE. CONTAINING 3.12 ACRES MORE OR LESS AND
CONSISTING OF TWO LOTS.
SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, EASEMENTS, AND RESTRICTIONS
OF RECORD.
be and the same is hereby established as CB Community Business District.
SECTION II.
This ordinance is and shall be subject to commitments as provided by Chapter 21-
09.02(d) Commitments, if applicable.
SECTION III. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor, legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . M.
City Clerk
Approved and signed by me on the day of
o'clock . M.
Mayor, City of South Bend, Indiana
1 st READING
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
,2 ,at
Filed in Clerk's Office
APR U 4 2017
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
LAWRENCE P. MAGLIOZZI
FXFCUTIVF DIRFCTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST_ JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SO U I H BEND, INDIANA 46601 (374) 235-9371
Wednesday,May 17, 2017 Filed in Clerk's Office
The Honorable Council of the City of South Bend MAY 17 2017
4th Floor, County-City Building
South Bend, IN 46601 KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
RE: A public hearing on a proposed ordinance of Gates &Gates Realty,LLC to zone from SF2 Single Family&
Two Family District to CB Community Business District, property located at north of Ireland road between
Lafayette Boulevard and Main Street,City of South Bend-APC#2821-17.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Gates&Gates Realty,LLC was legally advertised on May
4, 2017 and that the Area Plan Commission at its public hearing on May 16, 2017 took the following action:
Upon a motion by Oliver Davis, being seconded by John Leszczynski and unanimously carried, a
proposed ordinance of Gates&Gates Realty,LLC to zone from S172 Single Family&Two Family
District to GB General Business District, property located north of Ireland Road between Lafayette
Boulevard and Main Street, City of South Bend, is sent to the Common Council with a FAVORABLE
recommendation. Rezoning this site from to CB Community Business will allow for the expansion of
an existing commercial district established in a commercial node located adjacent to the intersection of
Michigan(SR 31)and Ireland Road.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown
in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincerel /
Lawrence P. Magliozz>.
Attachment
CC: Gates &Gates Realty,LLC
The Redmond Company
SERVING ST. JOSEPH COUNTY, SOUTH BEND , LAKEVILLE , NEW CARLISLE , NORTH LIBERTY , OSCEOLA & ROSELAND
W W W.S J C I N D I AN A.C 0 M 13 0 6 1 a,e.-p I a n
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
?APPLEAPLLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74) 235-9571
May 17, 2017
Filed in Clerk's Office
South Bend Common Council
4`h Floor, County-City Building MAY 17 2017
South Bend, IN 46601
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
RE: Bill#22-17
Rezoning: APC#2821-17 Ireland Road and Lafayette Blvd., South Bend
Dear Council Members:
The Area Plan Commission held a public hearing on May 16, 2017 for the above reference petition. This
petition is set for public hearing before the Common Council on Monday, May 22, 2017.
Ordinance &Petition Amendments:
The following changes have been made to the above referenced petition: None
Public Hearing Summary:
There was nobody to speak in favor or opposition to the proposed rezoning.
If you have any further questions, please feel free to contact me at (574) 235-9571.
Sincerely,
Da M. Stanton, Jr.
Planner
CC: Aldean DeRose
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.S T J O S E P H C O U N T Y I N D I A N A.C O M/AREA PLAN
Filed in Clerk's Office
MAY 17 2017
Staff Report 5/4/2017
KAREEMAH FOWLER
APC # 2821-17 CITY CLERK,SOUTH BEND, IN
Owner: Gates & Gates Realty, LLC
Location: north of Ireland road between Lafayette Boulevard and Main Street
Jurisdiction: City of South Bend
Public Hearing Date: 5/16/2017
Requested Action:
The petitioner is requesting a zone change from SF2 Single Family and Two Family
District to CB Community Business District and seeking 2 variances from the
development standards.
Land Uses and Zoning:
On site: On site are two vacant lots
North: To the north is a single family residence, zoned SF2 Single Family&Two
Family District.
East: To the east across Main Street is an office complex,zoned CB Community
Business District
South: To the south across Ireland Road are retail establishments,zoned CB
Community Business District
West: To the west across Lafayette are retail establishments, zoned CB
Community Business District
District Uses and Development Standards:
The CB - Community Business District is established to provide a location for high
volume and high intensity commercial uses. Activities in this district are often large space
users which may include limited amounts of outdoor sales or outdoor operations.
Developments within the CB District shall be coordinated to facilitate vehicular and
pedestrian access from nearby residential districts.
Site Plan Description:
The 3.2 acre acre site is proposed to be divided into 2 development sites. Parcel A is 1.66
acres. The proposed plan for this site includes a 7,616 square foot bank with 3 drive
through lanes. The preliminary site plan meets the requirements for all landscaping per the
Ordinance. Parcel B is 1.52 acres. This site is reserved for future development with no
specific site plan submitted at this time. That site will need to meet all the development
standards for the CB Community Business District.
Zoning and Land Use History And Trends:
This site is part of the vacated single family residential area that remains after the
realignment of Main and Lafayette.
Traffic and Transportation Considerations:
Ireland Road has 4 lanes with a divided median. Lafayette has 2 lanes plus a center turn
lane. Main has 2 lanes.
APC# 2821-17 Page 1 of 3
Staff Report 5/4/2017
Utilities:
The site will be served by municipal water and sewer.
Agency Comments:
Community Investment offers a favorable recommendation. The rezoning is consistent
with the regional commercial node shown around Michigan Street and Ireland Road on the
City Plan Future Land Use Map and with surrounding commercial land uses.DCI
encourages the petitioner to use architecture, building finishes, and landscaping in excess
of that required by the zoning ordinance. The proposed bank property should share access
and connections with the future eastern development parcel.
The Department of Public Works comments with items required prior to approval of any
building permits: Completion of City of South Bend Utility Verification Form; Approval
of sidewalk, curb cut, lighting, and overall site improvement to reflect the Master Plan for
the surrounding area. Confirm with the City the location of utilities on the final site plan.
Sidewalk will need to be placed along Ireland Road to the Eastern boundary of the
property. Development of the site requires City approval of a Drainage Plan, and payment
of the corresponding Drainage Review Fee,that meets the City's requirement to store all
runoff from developed areas on site; Verification of required(if any) waivers; Payment of
Final Site Plan Review fee.
Commitments:
The petition 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 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 office and retail use.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
The site is located in a regional commercial node near the intersection of Ireland Road and
Michigan Street(SR 31). Adjacent to the CB Community Business District along Ireland
Road
3. Most Desirable Use:
The most desirable use for the land is one that allows for redevelopment of these sites with
minimal impact on the adjacent Community Business District.
4. Conservation of Property Values:
The site is located in a commercial area. Adjacent property values should not be adversely
impacted.
APC # 2821-17 Page 2 of 3
i
Staff Report 5/4/2017
5. Responsible Development And Growth:
It is responsible development and growth to allow for the vacant lots to be rezoned for
Community Business in an area primarily comprised of similar commercial developments.
Combined Public Hearing
This is a combined public hearing procedure, which includes a rezoning and 2 variances from
the development standards. The Commission will forward the rezoning to the Council with or
without a recommendation and either approve or deny the variances.
The petitioner is seeking the following variance(s):
1)From the minimum of five waiting spaces prior to the first occurance of any ordering,
pick-up or service facility
2)From the minimum 41 required off-street parking spaces to 34
(1)The approval will not be injurious to the public health,safety, morals and general
welfare of the community;
The proposed development variances should have no impact on the public health, safety,
and general welfare of the community
(2)The use and value of the area adjacent to the property included in the variance
will not be affected in a substantially adverse manner;
The use and value of adjacent properties should not be adversly affected by the requested
variances. The development of this site adequately accomodates parking and stacking
commonly associated with developments of this type.
(3)The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
The strict application of the terms of this Chapter would require parking spaces based on a
calculation for square footage of the building which requires more than is practically
necessary. It is the staffs opinion that the proposed placement of the drive up lanes,
parking area, and building, areas are optimized for this site.
Staff Comments:
The staff has no additional comments.
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. The
staff recommends approval of the variances.
Analysis:
Rezoning this site from to CB Community Business will allow for the expansion of an
existing commercial district established in a commercial node located adjacent to the
intersection of Michigan(SR 31) and Ireland Road.
APC# 2821-17 Page 3 of 3
RE20NING
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