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HomeMy WebLinkAbout03-16-20 PC Agenda Packet County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning City of South Bend PLAN COMMISSION Tim Corcoran Planning Director Angela Smith Zoning Administrator Daniel Brewer Commission President AGENDA Monday, March 16, 2020 - 4:00 P.M. County-City Building Fourth-Floor Council Chambers PUBLIC HEARING: A. REZONINGS 1) Location: 514 FRANCES ST PC#0007-20 Petitioner: LORI HISCOCK Requested Action: Rezoning: From U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2 B. MAJOR SUBDIVISIONS 1) Location: North side of Adams Road along Dillon Drive PC#0008-20 Name: PORTAGE PRAIRIE BUSINESS PARK - PRIMARY PLAT C. TEXT AMENDMENTS 1) Requested Action: PC#0009-20 A proposed ordinance of South Bend Plan Commission, amending Chapter 21 of the South Bend Municipal Code to correct typographical errors in various Articles and to add clarifying language and tables. ITEMS NOT REQUIRING A PUBLIC HEARING: A. FINDINGS OF FACT 1) 1322 Chimes Blvd - PC#0006-20 B. UPDATES FROM STAFF C. MINUTES – February 17, 2020 D. ADJOURNMENT SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report – PC#0007-20 March 16, 2020 Property Information Location: 514 FRANCES ST Owner: LORI HISCOCK Requested Action Rezone from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2 Project Summary The petitioner requests a rezoning to the U2 district to allow for the construction of a carriage house on the property and other uses, as allowed, in a manner that will fit within the neighborhood. Location Map Recommendation Staff Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. Staff Report - #0007-20 3/16/2020 SOUTH BEND PLAN COMMISSION Page 2 of 4 Proposed Site Plan Staff Report - #0007-20 3/16/2020 SOUTH BEND PLAN COMMISSION Page 3 of 4 Land Uses and Zoning: On site: On the site is a single family home. North: To the north is a single family home zoned U1 Urban Neighborhood 1. East: To the east is a vacant lot zoned U1 Urban Neighborhood 1. South: To the south is a single family home zoned U1 Urban Neighborhood 1. West: To the west is a single family home zoned U1 Urban Neighborhood 1. District Intent: The U2 District is established to provide for, promote, and maintain the development of diverse housing types in urban neighborhoods located near neighborhood centers in core and outlying areas of the City. Site Plan Description: The site plan as submitted shows the construction of a detached "tiny house" to the south of the current house and a "Garage Carriage House" to the east of the current house. The house to south will require a subdivision prior to design and installation. The carriage house will be designed to meet the current development standards of the district. Zoning and Land Use History and Trends: The surrounding properties have seen a marked changed in the past 15 years from single family homes and light industrial uses to primarily dense single family and townhomes with the construction of housing on the old TRANSPO Depot site just across the street from this parcel. In 2015 and 2016, two large parcels on the west side of Frances were rezoned to MF1 to allow for townhomes. In 2019, several lots on the west side of Frances received a Special Exception for duplexes. Traffic and Transportation Considerations: Frances Street is two lanes with on-street parking. The property is bordered to the south by an alley as well as an alley to the east. Agency Comments: There were no Engineering comments at this time. Staff Comments: Zoning of properties to U2 Urban Neighborhood 2 allows for the creation of more diverse and affordable housing types. These housing types blend well with the character and scale of existing urban neighborhoods. With its location in a walkable neighborhood that is close to downtown, amenities, and transit, and that already has a wide variety of housing types, this property is well suited for U2 zoning. Site & Context Agency Comments Staff Report - #0007-20 3/16/2020 SOUTH BEND PLAN COMMISSION Page 4 of 4 Per State Law, the Plan Commission and Common Council shall pay reasonable regard to the following: 1.Comprehensive Plan: Policy Plan: The petition is consistent with the 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. Land Use Plan: The Future Land Use Plan identifies this area for Medium Density Residential. Plan Implementation/Other Plans: The petition is consistent with The Howard Park Neighborhood Plan (2012), which encourages an increase of residential opportunities in the neighborhood, specifically "Preferred Direction #4 Promote the continuation of historic density, street patterns and open space. " 2.Current Conditions and Character: The neighborhood is currently evolving to a medium density residential area with a mix of dense single family homes, duplexes, and townhouses. 3.Most Desirable Use: The most desirable use, at this time, is medium density residential, that will fit the established character of the neighborhood. 4.Conservation of Property Values: Allowing this property to add units should help continue the residential growth in a reasonable manner while providing diverse housing options in a desirable neighborhood. 5.Responsible Development and Growth: It is responsible development and growth to allow for a variety of housing options within this urban neighborhood. Commitments: There are no commitments proposed at this time. Analysis: Rezoning the site to U2 Urban Neighborhood 2 will allow for continued residential growth in the neighborhood while not drastically changing the established character. Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. Criteria for Decision Making Rezoning Analysis & Recommendation Staff Report – PC#0008-20 March 16, 2020 Property Information Subdivision Name: PORTAGE PRAIRIE BUSINESS PARK - PRIMARY PLAT Location: This Major Primary subdivision is located North side of Adams Rd. along Dillon Dr., City of South Bend. Requested Action The total area of the subdivision is 118.95 acres and will consist of 6 building lots. Location Map Recommendation Staff Recommendation: The Staff recommends the Commission approve the waivers. The Staff has reviewed this subdivision and finds that if the waivers are granted and the conditions are met, it complies with the requirements for Primary Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Primary Approval, subject to the following: 1) Adding the waiver note to the plat; and 2) Addressing the comments from the City Engineering Department. SOUTH BEND PLAN COMMISSION Page 1of 4 SOUTH BEND PLAN COMMISSION Page 4 of 4 Staff Report – PC#0008-20 March 16, 2020 Project Details Environmental Data: A check of the Agency's maps indicates that no environmental hazard areas or wetlands are present. Drainage: The conceptual drainage plan has been approved. Rights-Of-Way: The rights-of-way are correct as shown. Utilities: The site will be served by Municipal Water and Municipal Sewer. Agency Comments: The City Engineering Department recommends approval subject to the following: 1) Municipal easement is required between P2, 3 to maintain City storm infrastructure and end section that will drain Dylan to the basin, 30’ is desirable. ; 2) Verify that the future Dylan R/W width captures all existing infrastructure and appropriate space given to allow maintenance. It looks like an existing MH is close to the line where the Dylan R/W reduces in width to 68’; 3) Provide a utility plan showing the public extensions along Dylan to the end of the cul-de-sac and indicate how they will serve future development, grades, pressures, etc; 4) Provide roadway data or plans showing the road widths proposed, roadway geometry, cul-de-sac radii, etc. We want to verify roadway will be built to city standards and captured in current R/W; and 5) Remove the space capturing trees on the east side of the sidewalk along Dylan Dr. from City R/W Recommendation Staff Comments: The petitioner is requesting the following waivers: 1) From Section 21- 11.02(d)(5) to install a sidewalk on one side of the public street; 2) From Section 21 - 11.02(e)(2) to allow a subdivision without 10% public open space requirement; 3) from 21 - 11.04(b)(6) to allow a 2,924' cul-de-sac. Staff Recommendation: The Staff recommends the Commission approve the waivers. The Staff has reviewed this subdivision and finds that if the waivers are granted and the conditions are met, it complies with the requirements for Primary Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Primary Approval, subject to the following: 1) Adding the waiver note to the plat; and 2) Addressing the comments from the City Engineering Department. SOUTH BEND PLAN COMMISSION Page 1 of 1 Staff Report – PC#0009-20 March 16, 2020 Requested Action An Ordinance amending Chapter 21 of the South Bend Municipal Code to correct typographical errors in various Articles and to add clarifying language and tables where necessary. Project Summary The proposed ordinance includes the following changes: •Correction of typographical errors in various sections of the Ordinance •Define non-frontage lot •Clarify provisions for double frontage, multifrontage lots, and non-frontage lot •Add garage placement provisions to the Access & Parking table in the U1 and U2 district •Adjust U2 setbacks to be consistent with U1 •Clarify a second curb cut is permitted for non-residential lots when permitted by engineering •Add transparency requirements for corner façade in the C Commercial district •Clarify language for building material standards in the special districts •Clarify language regarding rear extension within a minimum rear setback for primary building •Clarify regulations for porch and stoop frontage types •Add a table related to maximum fence heights and clarify material standards for DT District •Add provision for 33’ lot of record to utilize reduced side setback Analysis: The proposed ordinance will help clarify the regulations and development standards required under the zoning ordinance. Recommendation: Based on the information available prior to the public hearing, the staff recommends the Plan Commission send the text amendment ordinance to the Common Council with a favorable recommendation. Analysis & Recommendation ORDINANCE NO. ___________ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO CORRECT TYPOGRAPHICAL ERRORS IN VARIOUS ARTICLES AND TO ADD CLARIFYING LANGUAGE AND TABLES STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on January 1, 2020. Since its adoption in November, use and testing of the Ordinance has identified a few standards that need further clarification or correction. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions & Measurements, Section 21-02.02 Definitions is hereby amended by adding a new definition: Lot, Non-Frontage. A lot with no frontage that is interior to a development. SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions & Measurements, Section 21-02.03 Measurements, subsection (b) Building Placement is hereby amended as follows: (2) Lot Line Determination. For non-frontage, double frontage, and multiple frontage lots, the Zoning Administrator shall determine which lot lines shall be considered front, corner, side, or rear based on the context of the development. (2) (3) Building Setbacks. (B) Multiple Frontage Lots. For lots that abut three or more streets, all frontages shall be designated as either primary and/or secondary streets. The applicable front or corner setbacks shall apply to more than one lot line. In these instances, a side or rear setback may not apply. The Zoning Administrator shall determine which street or streets shall be considered primary and secondary. (C) (B) (3) (4) SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions & Measurements, Section 21-02.03 Measurements is hereby amended by adding a new subsection (d)(4)(D): (D) For projects containing multiple buildings, only the facades of buildings visible in elevation view from a street shall be used to determine the percentage of the facade within a setback zone. SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.03 U1 Urban Neighborhood 1, subsection (e) Access & Parking, and Section 21-03.04 U2 Urban Neighborhood 2, subsection (e) Access & Parking are hereby amended as follows: Parking Access If access is available from an alley which is open to traffic, there shall be no access allowed from the street. If allowed, a maximum of one street curb cut is permitted per street frontage. If oriented with garage doors facing a street or alley, garages shall be located at the minimum rear setback or not less than 18’ from the right-of-way. SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.04 U2 Urban Neighborhood 2, subsection (d) Building Placement is hereby amended as follows: Building Setbacks Front1 Residential (min.) 10’ 15’ Residential (max.) 20’ 25’ SECTION VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.05 U3 Urban Neighborhood 3, subsection (j) Landscape is hereby amended as follows: (j) Foundation Landscape Required2 3 SECTION VII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Special Districts, Section 21-04.03 C Commercial, subsection (c) Building Placement is hereby amended as follows: Building Setbacks Adjacent to S1, S2, U1, or U2, U3, or UF SECTION VIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Special Districts, Section 21-04.03 C Commercial, subsection (d) Access & Parking, and Section 21- 04.04 I Industrial, subsection (d) Access & Parking are hereby amended as follows: Parking Access If allowed, a maximum of one street curb cut is permitted per street frontage. Lots with large frontages may be granted a second street curb cut per the latest standards adopted by the Board of Public Works. SECTION IX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Special Districts, Section 21-04.03 C Commercial, subsection (g) Building Standards is hereby amended as follows: Façade Transparency Ground Floor – Primary Street 40% Ground Floor – Corner Façade1 20% 1 If a building is located more than 50’ from the corner lot line, the Zoning Administrator may waive this requirement if the transparency is not needed to meet the intent of this ordinance. Building Materials A minimum of 66% of each front or corner facade shall be constructed of E.I.F.S. or high quality, durable, natural materials, such as stone or brick; wood lap siding; lapped, shingled, or panel fiber cement board siding; and glass. High quality synthetic materials may be approved by the Zoning Administrator. E.I.F.S. may constitute a maximum of 66 percent of the ground floor facade. Restrictions on building materials shall apply to all front and corner facades of non- residential buildings. Building materials used on the front and corner facades shall extend a minimum depth of 16" along the side facade. E.I.F.S. may constitute a maximum of 66 percent of the ground floor facade. Standard, fluted, or split face concrete masonry units above the basement level are prohibited as face material. Unfinished metal, plywood, unfinished precast or poured-in-place concrete are prohibited. Windows and doors on a ground floor front/corner façade shall have clear, transparent glass that has a min. VLT of 50% and a max. VLR of 25%. SECTION X. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.01 Principal Uses is hereby amended by adding a new subsection (j)(3)(A)(ii): (ii) An existing Detached House building type shall be exempt from (A)(i), above, provided that the residential use had not been previously converted to a non- residential use. SECTION XI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.02 Accessory Uses and Structures, subsection (d) Location is hereby amended as follows: (1) Unless otherwise specified, accessory structures shall not be located in any established front or corner yard. For double frontage and multiple frontage lots, one lot line as determined by the Zoning Administrator may be treated as an established side yard. SECTION XII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.02 Accessory Uses and Structures, subsection (f) Accessory Uses Definitions and Standards is hereby amended as follows: (10) Garage See Section 21-08.01(g)(10) 21-08.01(g)(11) for all attached and detached garage regulations. SECTION XIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Access & Parking, Section 21-07.03 Vehicle Access & Parking, subsection (c) Location of Required Vehicle Parking Areas is hereby amended as follows: (4) Unless otherwise specified within the required parking location of the applicable zoning district, off-street parking lots shall not be located in front of a line 5 feet behind the front or corner building facade. If the lot does not have a building, parking areas shall have a minimum front or corner setback of 12 feet As specified in the applicable zoning district. SECTION XIV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.01 Building Standards is hereby amended by adding a new subsection (e)(10) as follows: (10) In a C district, a minimum of 66 percent of each front or corner facade of all primary buildings shall be constructed of the following building materials: (A) High quality, durable, natural materials, such as brick or stone; wood lap siding; lapped, shingled, or panel fiber cement board siding; and glass. (B) Other high quality synthetic materials such as synthetic equivalents of brick or stone, architectural precast concrete that looks like brick or stone; or traditional lime-based stucco may be approved by the Zoning Administrator. (C) Exterior insulation and finish system (E.I.F.S.). SECTION XV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.01 Building Standards, subsection (f) Façade Articulation - NC or DT District is hereby amended as follows: (f) Facade Articulation Composition - NC or DT District In a NC or DT district, these regulations are intended to encourage walkable environments by creating visually interesting buildings with human scaled details and proportions. The following regulations apply to any building greater than 50 feet wide. (1) Vertical articulation (e.g., bays, mullions, columns, pilasters, recessed entries, awnings, or other architectural treatments) is required to visually break up the massing of the front and corner facades into building segments no greater than 25 feet in width. Vertical articulation may be satisfied through the use of architectural features such as bays, mullions, columns, pilasters, regular repetition of window patterns, a break in the building plane, or recessed entries. On corner lots, the material and articulation of the primary facade shall extend a minimum of one segment along the secondary street. (2) Horizontal articulation (e.g., base, belt courses, cornice lines, entablatures, friezes, awnings or canopies, changes in materials or window patterns, recessed entries, or other architectural treatments) is required to help distinguish the ground floor or podium from upper stories. (3) A main entrance shall effectively address the adjacent public realm and be given prominence on the building facade. This may be satisfied through the use of architectural features such as entranceway roofs or recesses; a chamfered corner; sidelight windows, transom window, or other adjacent windows; additional mouldings with expression lines; or a bay of unique width. SECTION XVI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.01 Building Standards, subsection (g) Building Components is hereby amended as follows: (11) Garage. (C) Garages oriented with garage doors facing a street or alley shall be located not less than 18 feet from the right-of-way if oriented with garage doors facing a street and at the minimum required setback of 5 feet or have a setback of not less than 18 feet from the right-of-way if oriented with garage doors facing an alley, sufficient to accommodate the parking of an automobile without blocking the sidewalk or any public way. SECTION XVII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.01 Building Standards, subsection (g) Building Components is hereby amended as follows: (16) Rear Additions Extensions. A secondary extension from the rear wall of a primary building that extends into a required rear setback for a primary building. (A) Rear additions shall have a smaller footprint, a narrower width, and a depth not greater than the main building. (B) Rear additions extensions may encroach into a required rear setback for a primary structure, but they shall be limited to a maximum of one story and shall comply with the maximum allowed height limit for accessory buildings within the applicable zoning district. (B) Rear extensions shall have a smaller footprint, a narrower width, and a depth not greater than the main building. (C) Rear additions extensions shall comply with the maximum allowed building coverage within the applicable zoning district. (D) Rear additions extensions may encroach into any established rear yard up until the rear setback for accessory buildings. Rear extensions shall meet the minimum required front, corner, and side setbacks for primary buildings. SECTION XVIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.01 Building Standards, subsection (g) Building Components is hereby amended as follows: (21) Towers, Turrets, and Cupolas. A building appurtenance component that is significantly taller than it is wide with the purpose of gaining views, providing light and ventilation to a building, adding a decorative element, or terminating an important axis including tower, turrets, cupolas, elevator or stair towers, or steeples. SECTION XIX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.02 Building Types, subsection (h) Building Type: Townhouse is hereby amended as follows: (3) Building Type Standards Building Width (total of all attached Townhouses) All other districts 8 units or 160’ 168’ max. SECTION XX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.03 Building Frontage Types, subsection (a) Frontage Type: Porch is hereby amended as follows: (2) Frontage Standards Standards A porch shall Shall be open on three sides and have a roof. If unenclosed and open on three sides, a porch may encroach into a required front or corner setback as allowed by the applicable zoning district. Open porch bases shall be enclosed with latticework or similar material, or visually concealed with landscape. If unenclosed, a porch may encroach into a required front or corner setback as allowed by the applicable zoning district. SECTION XXI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.03 Building Frontage Types, subsection (b) Frontage Type: Stoop is hereby amended as follows: (1) Description A stoop is a small raised platform that serves as an entryway to a building, typically for residential uses with small setbacks. A stoop is open on three sides and may be roofed or open to the sky, although a covered or recessed stoop is preferred in order to provide shelter from the elements. (2) Frontage Standards Dimensions Finished Level above Sidewalk 18” min. Standards A stoop shall be open on three sides. A stoop shall Shall contain stairs leading to the ground level, directly connecting to the sidewalk, walkway, or driveway. A stoop shall be at least 18” above the sidewalk and shall have a railing or wall, a covering, or be at least 18” above the walkway or driveway. If unenclosed and open on three sides, a stoop may encroach into a required front or corner setback as allowed by the applicable zoning district. SECTION XXII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site Development, Section 21-09.02 Fences & Walls, subsection (c) Height is hereby amended as follows: (1) Fences and walls located in an established front or corner yard shall not exceed the maximum height listed in Table 21-09D 36 inches, except in an I district. Maximum height may extend to 48 inches in height if the open space percentage of the fence is greater than 70 percent. In an I district, the maximum height of a fence in an established front or corner yard shall be 6 feet. Table 21-09D: Fences & Walls Maximum Height Front & Corner Yard Side & Rear Yard District Less than or Equal to 70% Open More than 70% Open Any Fence Type S1, S2, U1, U2, U3 3' 4' 6' UF, NC, DT, OS, U, C 3' 4' 8' I 6' 6' 10' (2) Fences and walls located elsewhere on a lot shall not exceed the allowed height specified in the applicable zoning district. (3) (2) SECTION XXIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site Development, Section 21-09.02 Fences & Walls, subsection (e) Materials is hereby amended as follows: (2) In a NC or DT district, chain link fence materials are prohibited in an established front or corner yard or within 10 feet of a front or corner lot line. SECTION XXIV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Neighborhood & Subdivision Design, Section 21-11.02 Subdivision of Land, subsection (b) General Regulations is hereby amended as follows: (7) Easements shall be provided for utilities where necessary. When located along a rear or side lot line, easements shall be centered on such line and be at least 5 feet wide on both sides of the lot line. Easements shall be continuous to the end of the block to connect with adjoining blocks in the shortest direct line. SECTION XXV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Neighborhood & Subdivision Design, Section 21-11.04 Streets & Alleys, subsection (c) Alley Standards is hereby amended as follows: (1) Alleys shall be provided in commercial and industrial districts; however, the Plan Commission may waive this requirement if other definite and assured provision is made for service access such as off-street loading, unloading, and parking, consistent with and adequate for the uses proposed. SECTION XXVI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 13 Nonconformities & Enforcement, Section 21-13.01 Nonconformities is hereby amended by adding a new subsection (c)(4): (4) Side Setback Provision for 33’ Wide Lots. A legally established lot of record as of January 1, 2020, in a S1, U1, U2, U3, or UF district that has a lot width of at least 33 feet but less than 34 feet only shall be required to have a minimum side setback of 4 feet for residential uses. SECTION XXVII. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ____________________________ 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 ___________, 2020, at _________ o’clock ____. m. __________________________ City Clerk Approved and signed by me on the _________ day of ____________, 2020, at ________ o’clock ____. m. ____________________________ Mayor, City of South Bend, Indiana FINDINGS OF FACT PC# 0006-20 BRADLEY DAVIS and PUSHPAK PATEL 1322 CHIMES BLVD and 2326 EDISON RD On Tuesday, February 17, 2020, the South Bend Plan Commission took the following actions on the variances from the Development Standards of the South Bend Zoning Ordinance: APPROVED 1) To allow a drive-through in an established front yard subject to a 25' minimum setback APPROVED 2) From the required 10' bail out lane to none APPROVED 3) From the required Type 3 buffer landscaping adjacent to property zoned UF to a 6' high vinyl screening fence, subject to the amended site development plan presented (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community. Provided there is proper screening and setbacks applied, allowing the drive-through in the established front yard allows for safer traffic patterns by which vehicles entering and exiting the property will not have to cross paths. (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 proposed development may have a significant impact on the adjacent properties. In order to mitigate this impact, the full type 3 buffering should be required along the properties zoned S1, as well as an increased setback along Chimes for the proposed use to help preserve the residential character as much as possible. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Due to the lot having double frontage, strict application of the ordinance would result in practical difficulties of constructing a drive-through on the site. (4) The variance granted is the minimum necessary. A smaller car wash or different site layout may allow for development of the site with fewer variances. (5) The variance granted does not correct a hardship caused by a former or current owner of the property. The lot shape and size was created due to the angled direction of Chimes, this resulted in property that has double frontage on both Edison and Chimes. The variances approved above are subject to the rezoning petition being approved. The Minutes of the February 17, 2020 meeting of the South Bend Plan Commission are hereby incorporated by reference herein. Adopted by the South Bend Plan Commission on March 16, 2020. _____________________________________ ________________________________ Daniel Brewer, President Angela M. Smith South Bend Plan Commission Commission Secretary