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HomeMy WebLinkAbout12-19 Rezoning- Northeast Corner of Corby Boulevard and Eddy Street LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Dtrect, AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COLIN! 3-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 May 6,2019 Filed in Clerk's Office Honorable Common Council 4th Floor, County-City Building MAY 0 6 20;1 South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE: Northeast Corner of Corby Boulevard and Eddy Street APC# 2899-19 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 May 13th, 2019 Council meeting, and set it for public hearing at your June 24th, 2019 Council meeting. The petition is tentatively scheduled for public hearing at the June 18th, 2019 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. The petitioner provided the following narrative to describe the proposed project: The property is requesting to be rezoned to allow for a four-story mixed use building, with offices on the first three floors, and two residential units on the fourth floor. If you have any questions,please feel free to contact our office. Si erely, Jo an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W STJOSEPHCOUNTYINDIANA.C O M/A R E A PL A N BILL NO. 12-19 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CORBY BOULEVARD AND SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from MU Mixed Use District and SF2 Single Family& Two Family District to MU Mixed Use District.. 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 PARCEL LOCATED IN THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING A PART OF LOTS 1-4 OF THE RECORDED PLAT OF PORTAGE LAND CO'S SUBDIVISION OF LOT NO. 5 IN ME. LISTENBURGER'S FIRST ADDITION TO SOUTH BEND, AND A PART OF LOTS 10-13 OF THE RECORDED PLAT OF BERGAN'S REP LAT OF LOT'S 1-3 & 4 LISTENBURGER'S I ST ADDITION, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 2 OF SAID PORTAGE LAND CO. SUBDIVISION; THENCE SOUTH 00°38'57" EAST ALONG THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT PUBLIC ALLEY 308.60 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF CORBY STREET;THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF CORBY STREET FOR THE NEXT THREE(3) COURSES,NORTH 55°44'39" WEST 60.95 FEET; THENCE NORTH 55°27'29" WEST 140.56 FEET; THENCE NORTH 13°13'55" WEST 10.97 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE(STATE ROAD 23); THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE FOR THE NEXT FOUR (4) COURSES, WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 175.95 FEET, WITH A RADIUS OF 1400. 00 FEET, WITH A CHORD BEARING OF NORTH 41°11 '39" EAST, WITH A CHORD LENGTH OF 175.83 FEET, AND NORTH 00°38'28" WEST 16.94 FEET, AND NORTH 46°08'54" EAST 49.78 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HOWARD STREET,- THENCE NORTH 89°21'26" EAST ALONG SAID SOUTH RIGHT-OF- WAY LINE, 13.67 FEET TO THE POINT OF BEGINNING. CONTAINING 0.64 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS'EASEMENTS, AND RESTRICTIONS OF RECORD. be and the same is hereby established as MU Mixed Use 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, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the day of ,2019,at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2019, at o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDMENT City of South Bend, Indiana I (we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Vacant Property at the Northeast corner Corby Boulevard and South Bend Avenue, South Bend, IN 46617 2) The property Tax Key Number(s) is/are: 018-5094-3319; 018-5094-3326; 018-5094-3327; 018-5094-3328 3) Legal Descriptions: A PARCEL LOCATED IN THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST JOSEPH COUNTY, INDIANA BEING A PART OF LOTS 1-4 OF THE RECORDED PLAT OF PORTAGE LAND CO'S SUBDIVISION OF LOT NO. 5 IN M.E. LISTENBURGER'S FIRST ADDITION TO SOUTH BEND, ANDA PART OF LOTS 10-13 OF THE RECORDED PLAT OF BERGAN'S REPLAT OF LOT'S 1-3 & 4 LISTENBURGER'S 1ST ADDITION, AND BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF SAID PORTAGE LAND CO. SUBDIVISION; THENCE SOUTH 00°38'57"EAST ALONG THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT PUBLIC ALLEY, 308.60 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF CORBY STREET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF CORBY STREET FOR THE NEXT THREE(3) COURSES, NORTH 55°44'39" WEST, 60.95 FEET; THENCE NORTH 55°2729"WEST, 140.56 FEET; THENCE NORTH 13°13'55" WEST, 10.97 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE(STATE ROAD 23); THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE FOR THE NEXT FOUR (4) COURSES, WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 175.95 FEET WITHA RADIUS OF 1400.00 FEET, WITHA CHORD BEARING OF NORTH 41°11'39"EAST, WITHA CHORD LENGTH OF 175.83 FEET, AND NORTH 00°3828" WEST, 16.94 FEET;AND NORTH 46°08'54"EAST, 49.78 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HOWARD STREET; THENCE NORTH 89°2126"EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 13.67 FEET TO THE POINT OF BEGINNING. CONTAINING 0.64 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS'EASEMENTS, AND RESTRICTIONS OF RECORD. 4) Total Site Area: 0.64+/-Acres 5) Name and address of property owner(s)of the petition site: Five Corners LLC 814 Marietta Street 1-7-- South Bend, IN 46601 Filed in Clerk's Office Phone number with Area Code: 574-233-1296 1 E-Mail Address-N/A MAY 06 2019 Name and address of additional property owners, if applicable:N/A KAREEMAI 1 FOWLER CITY CLERK.SOUTH BEND. IN 6) Name and address of contingent purchaser(s), if applicable: -FILED- OC 2019 Name and address of additional property owners, if applicable: AREA PLAN v A •lication#_ , S ION 7) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District MU Mixed Use District - ' v To: MU Mixed Use District n,r 03 2019 8) This rezoning is requested to allow the following use(s): Professional Office Building&R: icklA1 J • OMMV SION A )lication#. : 7" t IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): 1) 1). From maximum building height of 40 feet and three (3)stories to 63 feet and four (4)stories. 2). From the required perimeter landscaping to proposed landscaping shown along public streets and public alley. 3). From the NNZO District maxinnumn building height of 60 feet to 63 feet. 4). From the NNZO District to allow parking 5 feet from the adjacent public streets. 5). From the NNZO District 15 ft. setback of parking from building to a minimum of 9 feet. 6). From the NNZO District maximum 5 ft. building setback to 12 feet if required for utility placement. 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: The approval will not be injurious to the public health, safety, morals, and general welfare of the community because the proposed development is being done to be consistent with other mixed use developments in the Eddy Street Commons corridor area. The proposed building project will comply with all State and local codes. (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: 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 property to be rezoned lies within an established revitialization corridor where new mixed use developments have been approved. The existing property adjacent to the project site is vacant. It is hoped that the proposed mixed use development will spur additional growth both mixed use and residential in the neighborhood and along South Bend Avenue. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. The proposed project site is unique in that it is bordered by public streets on the west and south and an existing public alley to the east. The project site was affected by the re-alignment of Corby Boulevard with Howard Street. The owners worked with the Department of Community Investment for site layout for the building and parking placement. The owners do not believe that asking for relief of the building height, building location, and parking location would adversely affect any adjacent property. There are other buildings to the north of the project site with the higher building heights than the maximum allowed 40 feet. The parking placement will be screened along both public streets and screening will be provided along the east property line to create a buffer from the residential zoning to the east. The perimeter landscaping will consist of deciduous overstory and ornamental trees to compliment the building and work with the proposed parking bays and required driveways. The request for parking setback from the building will allow for efficient parking layout without affecting any adjacent property. The request for the building setback is to allow for flexibility in case the City requires a larger setback from existing utility infrastructure in the public rights-of-way. (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: Please explain how your Special Exception Use petition addesses this criteria (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addesses this criteria (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: Please explain hog'your Special Exception Use petition addesses this criteria (d) The proposed use is compatible with the recommendations of the Comprehensive Plan.Please explain how your Special Exception Use petition addesses this criteria * 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: Danch, 1Harner Associates 1643 Commerce Drive South Bend. Li\'46628 574-234-4003 andanch danchharner.conn 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 owner(s), or signature of Attorney for all property owner(s): OaAVA-› 00 2019 AREA PLAN COW iiSSION A..lication#_ LUanch, 1-larner Associates, lnc. Land Surveyors ■ Professional Engineers Landscape Architects • Land Planners Office: (574)234-4003 / (800)594-4003 E. Fax: (574)234-4009 1643 Commerce Drive • South Bend, IN 46628 Honorable Members of the City of May 3,2019 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for the Northeast corner of South Bend Avenue&Corby Boulevard, South Bend, Indiana; Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for the property located at Northeast corner of South Bend Avenue and Corby Boulevard, South Bend, Indiana. This requested Rezoning would allow for the approval of a proposed new Four(4) Story Mixed Use Building which will contain professional office space and on the top floor residential units. This property is located at the Southern edge to the Eddy Street Commons development area. Our clients believe the proposed project development as proposed would be a compatible use in the surrounding mixed-use neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, arid � Filed in Clerk's Office Michael J. Danch President Danch, Hamer& Associates, Inc. MAY 0 6 2019 I KAREENMAH FOWLER CITY CLERK,SOUTH BEND If'!j File No. 190105 "C"Md OG 2019 AREA PLAN iSlION Application 7 I E- c' c,, i ? H ,.. ...13% Ci 03 ( 14: CJ \--:C3a) W. •moii� 4 Wd Pwl•sl�i!3 Y sP l Ma Q (So pslaw ad'' uoL f't_ D swaw6u3 Icuo_usalwd s.o.(onmg PwlG c� O yU1`:414711''1000V40.181611fy'1P71116G �""1 �y"I w 3 m ¢ r__ = Ci a a 4 U 0O z '' V O w N Q 7. -, z N w o p p [C G O co w ¢2¢ - W = m f J N N J 4 N o Y 00 '1.7 NN J C;-', p O m O Q / o w m p [e m m m 2 r- m a"' 4 0 N 4 W a O w 0 N z �z tWr x O r ? Z W N W o. 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MAGLIOZZI 1 \1 ( F U I R} ( I ' < AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 4661)1 (,74) 235-9571 June 19, 2019 Honorable South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Bill #12-19 Rezoning: APC#2899-19 Northeast Corner of Corby Boulevard and South Bend Avenue Dear Council Members: The Area Plan Commission held a public hearing on June 18th, 2019 for the above referenced petition. This petition is set for public hearing before the Common Council on Monday, June 24th, 2019. Ordinance & Petition Amendments: No changes. Public Hearing Summary: There were three people who spoke in favor of the petition. Mo Miller was the treasurer for the Triangle HOA. She spoke for the residents saying they were in favor of the development. Pat Matthews spoke that he believed that this is an appropriate development for the busy intersection. Tim Corcoran spoke in favor of the rezoning and read DCI's recommendations in to the record. If you have any further questions, please feel free to contact me at(574) 235-9571. Si erely, Jo dan Wyatt Planner CC: Bob Palmer 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.COM/A R E A P L A N LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 255-9571 Wednesday,June 19, 2019 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend,IN 46601 RE: A proposed ordinance of Five Corners LLC to zone from SF2 Single Family&Two Family District and MU Mixed Use District to MU Mixed Use District, property located at Northeast Corner of Corby Boulevard and South Bend Avenue, City of South Bend—APC#2899-19. Dear Council Members: I hereby Certify that the above referenced ordinance of Five Corners LLC was legally advertised on June 6, 2019 and that the Area Plan Commission at its public hearing on June 18, 2019 took the following action: Upon a motion by Oliver Davis, being seconded by Daniel H. Brewer and unanimously carried, a proposed ordinance of Five Corners LLC to zone from SF2 Single Family&Two Family District and MU Mixed Use District to MU Mixed Use District, property located at Northeast Corner of Corby Boulevard and South Bend Avenue, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning this site will allow for the reutilization of a high-visibility corner for a dense commercial development that will meet the needs of the surrounding community. 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. Sincerely, Lawrence P. Magliozzi Attachment CC: Five Corners LLC Filed in Clerk's Office JUN. 192019 RAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN SERVING ST. JOSEPH COUNTY, SOUTH BEND , LAKEVILLE, NEW CARLISLE, NORTH LIBERTY , OSCEOLA & ROSELAND W W W. S J C I N D I A N A.C O M 1 3 0 6 1 a r e a- p l a n ra i" z �y � 9 14;.*:.: Q e V\c,\ REZONING., ,� # i Q 4. � #2899-19 • i ��� is ai r • 6 11 4 555 koili„:„4,4144.4444444,4444. .,....„..i,.. .,.../ , l 'e. _ • • d Y. • '''/..,1'.:.., . -,..-.. • .... .-:.,,i., :'' .'''''':•. N-.. .)//,/ .•i /41:// ::''''''' *I'. 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B' -8 * I =1w i $p a� / fir: • ��-ejt.N o=gyp .% L-,O I s r J ,— 9 1p _ Q cO s 4 m _ ..,.n/ tea^.t. —e0 —rg d ` n AMY 3 , OTW9d .......001[ a � Wo z Vv. V- ' ,.N`10 -0"1— ,1„-.;.7"/- i L., �. Qd i.,, o � ) flit,z..\ co 41 44-2,!44yE5 ^$ ,IL 41, N, silqh `\ • —_i '°�` •� 3 � ��^«� g . ir. N.'" � •_ . :°�� Wig R _€ $a ., ;.• 85!:0:1,8$' nQ `oa�p 3 D qi €" �_ $ sa d �} 7 , 5.. o.r. E gabr+S` 01 Eg3 gf�3 a .:1 G7 z, ie."y'i o .41 219Vf$:.aT--�R 1 g .A .c LI cam a L, .,L. r ... 'Y1.$ , 1 yt.. 3 Staff Report 6/12/2019 APC# 2899-19 Owner: Five Corners LLC Location: Northeast Corner of Corby Boulevard and South Bend Avenue Jurisdiction: City of South Bend Public Hearing Date: 6/18/2019 Requested Action: The petitioner is requesting a zone change from SF2 Single Family&Two Family District and MU Mixed Use District to MU Mixed Use District Land Uses and Zoning: On site: On site is vacant property. North: To the north, across South Bend Avenue, are single-family homes zoned PUD Planned Unit Development. East: To the east is vacant land and single-family homes zoned SF2 Single Family&Two Family District. South: To the south, across Corby Boulevard are single-family homes zoned SF2 Single Family&Two Family District. West: To the west, across South Bend Avenue, is vacant land zoned MU Mixed Use District and GB General Business District. District Uses and Development Standards: The MU Mixed Use District is established to promote the development of the a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. Site Plan Description: The site plan shows the placement of a new mixed-use building with three floors of office space and the top floor being residential. Parking is placed behind the front facade of the building and connects with the existing alley. A new plaza area will be constructed at the corner that integrates the existing trail. Future development will need to meet the development standards of the MU Mixed Use District. Zoning and Land Use History And Trends: The single-family homes to the north across South Bend Avenue were rezoned to PUD in 2011. Northwest across South Bend Avenue was rezoned to MU Mixed Use District for Eddy Street Phase 2 in 2016. Traffic and Transportation Considerations: South Bend Avenue is four lanes with left turn lanes. A multimodal path is located directly adjacent on the north side of the property. Corby Boulevard is two lanes with a APC# 2899-19 Page 1 of 3 Staff Report 6/12/2019 left turn lane. Utilities: The site is served by municipal water and sewer. Agency Comments: City Engineering offered favorably of the rezoning. They stated that an easement for a water main will be needed along South Bend Avenue. The Department of Community investment offers a favorable recommendation on the zoning change,but does not support the increase in building height. 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: This petition is consistent with City Plan, South Bend Comprehensive Plan(2006), Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future; and Objective ED 7: Support neighborhood-based economic development. Land Use Plan: The Future Land Use Plan identifies the site for mixed-use and medium-density residential. Plan Implementation/Other Plans: The Northeast Neighborhood Development Area Plan(2003) identifies this site for mixed- use development. 2. Current Conditions and Character: South Bend Avenue is major corridor with a mix of residential and commercial uses. This area has developed primarily as single-and multi-family residential uses, with commercial uses located to the west across South Bend Avenue. 3. Most Desirable Use: The most desirable use for the property is one that activates this community node and features a mix of uses to meet the needs of the surrounding properties. 4. Conservation of Property Values: With proper landscaping, developing a currently vacant site for office and residential uses should not adversely affect adjacent property values. 5. Responsible Development And Growth: It is responsible development and growth to locate dense,mixed-use buildings at major intersections and corridors. Combined Public Hearing This is a combined public hearing procedure. The rezoning will be sent to the Common Council with or without a recommendation.The variances will be approved or denied. APC# 2899-19 Page 2 of 3 Staff Report 6/12/2019 The petitioner is seeking the following variance(s): 1) from the maximum allowed building height of 40 feet and 3 stories to 63 feet and 4 stories 2) from the NNZO maximum allowed building height of 60'to 63' 3) from the required landscaping to the proposed landscaping shown; 4) from the NNZO minimum parking setback from building facades of 15'to 9' State statutes and the 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; Approving variances 3 and 4 will not be injurious to the public health, safety,morals and general welfare of the community. Approving variances 1 and 2 may impact the general welfare of the surrounding community by establishing a denser urban environment than what currently exists. (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; By placing proper landscaping adjacent property should not adversely be affected by approving variances 3 and 4. By approving variance 1 and 2, the use and value of the adjacent area is at risk since no other development in the area is at the proposed height. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Not approving variances 3 and 4 would cause practical difficulties due to the triangular configuration of the site and being bordered on all sides by two streets and an alley. There is no practical difficulty on the site that would cause an increase in the height of the building. Staff Comments: The staff is unsure of what the hardship is of meeting the required building height. Recommendation: Based on information available prior to the public hearing, the staff recommends sending this rezoning petition to the Common Council with a favorable recommendation. The staff recommends denial of variances 1 and 2. Analysis: Rezoning this site will allow for the reutilization of a high-visibility corner for a dense commercial development that will meet the needs of the surrounding community. APC# 2899-19 Page 3 of 3