THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN AGENDA

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1 THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN AGENDA Tuesday, July 18, 2017 Fourth-Floor Council Chambers 3:30 p.m. County-City Building, South Bend, IN PUBLIC HEARINGS: Rezonings: A. A proposed ordinance of Menard, Inc. A Wisconsin Corporation to zone from SF1 Single Family & Two Family District and GB General Business District to CB Community Business District, property located at 4640 South Michigan Street; 237, 305, and 313 Reasor Street; 4637, 4701, 4707 Fellows, and vacant parcel south and adjacent to 4707 Fellows Street, City of South Bend - APC# B. A combined public hearing on a proposed ordinance of LJR Realty LLC to zone from B: Business District to C: Commercial District and seeking the following variance(s): 1) from the required minimum rear yard setback of 20' to 10'; and 2) from the required minimum front yard setback of 40' to 24' for the building and 6' for parking along Francis Avenue, property located at McKinley Highway, St. Joseph County - APC# C. A combined public hearing on a proposed ordinance of Donald C. DeSchepper to zone from R: Single Family District to C: Commercial District and seeking the following variance(s): 1) from the required surface parking area and drive to a dust controlled aggregate hard surface; and 2) from the required landscaping of required front yards and required side and rear yards abutting residential to none, property located at the west acres of Patterson, St. Joseph County - APC# TEXT AMENDMENTS: A. An Ordinance initiated by the Common Council of the City of South Bend, Indiana amending Chapter 21 of the South Bend Municpal Code, Article 3 by adding Mini (self storage) Warehouse, Internal Access to permitted uses in CB Community Business District, CBD Central Business District, and GB General Business District; and establishing additional development standards for Mini (self storage) Warehouse, Internal Access; and adding a definition for Mini (self storage) Warehouse, Internal Access. - APC# ITEMS NOT REQUIRING A PUBLIC HEARING 1. Miscellaneous: A. Findings of Facts for granting of Variances for property located at Mayflower Road, St. Joseph County APC # B. Findings of Facts for granting of Variances for property located at 3015 W. Western Avenue, City of South Bend APC # Executive Director s Report: 3. Minutes and Expenditures: 4. Adjournment:

2 Staff Report 7/6/2017 APC # Owner: Location: Jurisdiction: Public Hearing Date: Menard, Inc. A Wisconsin Corporation 4640 South Michigan Street; 237, 305, and 313 Reasor Street; 4637, 4701, 4707 Fellows, and vacant parcel south and adjacent to 4707 Fellows Street City of South Bend 7/18/2017 Requested Action: The petitioner is requesting a zone change from GB: General Business District and SF1: Single Family and Two Family District to CB: Community Business District Land Uses and Zoning: On site: North: East: South: West: On site is a former retail space To the north is a retail automotive establishment zoned GB General Business District, vacant lots zoned CB Community Business District, and homes zoned SF1 Single Family and Two Family District To the east across Fellows Street are homes zoned SF1 Single Family and Two Family District To the south is the St. Joseph Valley Parkway To the west across Michigan Streets is a retail complex 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 4.15 acre site is part of a larger project to convert the retail structure adjacent to the lots currently being rezoned. A proposed 207,469 square foot retail store will be accessed by St Joseph Street. The areas being rezoned are primarily shown as retention areas on the proposed site plan. The remainder of the project area is already zoned CB Community Business District. Zoning and Land Use History And Trends: This area has grown as a commercial node since the 1970s. In 1971, the Common Council approved rezoning the site to "commercial," then known as the K-Mart Bright-Way Area. The adjacent property to the north was also rezoned at the same time. Traffic and Transportation Considerations: St Joseph Street has 2 lanes. Fellows Street has 2 lanes. Reasor Street has 2 lanes. The site is also adjacent in proximity to Ireland Road and an off ramp from the US Highway 20 and Michigan Street interchange. APC # Page 1 of 3

3 Staff Report 7/6/2017 Utilities: The site will be served by municipal water and sewer Agency Comments: The City Engineer recommends approval subject to review and approval of sidewalks, curb cut, lighting, and overall improvements to the site. Development of the site requires City approval of a Drainage Plan and meets the requirement to store all runoff from developed areas on site, along with compliance with the City s Downspout Disconnection Program. Sidewalks will be brought up to ADA compliance. Excess sidewalk along the southern edge of the property line is to be removed and replaced with grass. Curb around the site is to be brought up to City standard. Existing approaches not used by the site are to be removed and replaced with curb, tree-lawn, and sidewalk. The Department of Community Investment offers a favorable recommendation. The rezoning is consistent with the Michigan Street-Ireland Road regional commercial node shown on the City Plan Future Land Use Map and with surrounding commercial land uses. This rezoning will improve the appearance of a key gateway to the City, facilitate a major retail redevelopment, and provide additional services to south side residents. To further strengthen the project, DCI recommends the following: The most sensitive portion of the Menard s project is the interface with the residential properties to the east. To buffer the hardware store site and maintain the general character of the residential area, the petitioner should seek to hide the view of the lumberyard and potential eastern retention pond from Fellows Street. Acknowledging that engineering has not yet been completed to determine the pond s size or depth, DCI suggests that the pond be placed fully beyond the 25 residential setback along Fellows. While evergreens may be provided as buffer yard screening, the street edge along Fellows should have shade trees. To the extent that the area is not used for the pond, the mature trees to the east and northeast of the site should be retained. If maintained between the building and pond, these large trees may be especially helpful in screening the lumberyard wall. To support Complete Streets principles: a comfortable pedestrian route should be established between the store s front door and the proposed sidewalk along St. Joseph Street; the bicycle parking spaces should be located between the front door and the end of St. Joseph Street; and, the four driveway approach stubs along Fellows Street should be removed and in-filled with standard curb and sidewalk. Commitments: The petitioner is not proposing any written commitments Criteria to be considered in reviewing rezoning requests, per IC : 1. Comprehensive Plan: Policy Plan: The petition is consistent with the 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 for commercial land uses Plan Implementation/Other Plans: There are no other plans in effect for this area. APC # Page 2 of 3

4 Staff Report 7/6/ Current Conditions and Character: The site is located in a regional commercial node near the intersection of Ireland Road and Michigan Street (US Highway 31). This site is adjacent to the CB Community Business District along Ireland Road and continues to develop as a regional commercial node. 3. Most Desirable Use: The most desirable use is one that supports the commercial nature of the area. 4. Conservation of Property Values: Due to the fact that is was formerly a retail center with the commercial nature of Ireland Road nearby, the surrounding property values should not be adversely affected. Proper buffering and limited access will help protect the surrounding residential properties on Fellows Street. 5. Responsible Development And Growth: It is responsible development and growth to allow for the reuse of the commercial structure Staff Comments: The staff has no additional comments. Recommendation: Based on the information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. Analysis: Rezoning this site to CB Community Business District will allow for the reuse of an existing commercial structure in a manner consistent with the Comprehensive Plan. APC # Page 3 of 3

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8 Staff Report 7/7/2017 APC # Owner: Location: Jurisdiction: Public Hearing Date: LJR Realty LLC McKinley Highway St. Joseph County 7/18/2017 Requested Action: The petitioner is requesting a zone change from B: Business District to C: Commercial District and seeking 2 variances from the development standards. Land Uses and Zoning: On site: North: East: South: West: On site is a vacant lot. To the north across McKinley Highway are businesses zoned B: Business District. To the east across Francis Avenue is a retail business zoned B: Business District To the south is a residence zoned R: Single Family District. To the west is an automobile sales lot zoned C: Commercial District. District Uses and Development Standards: The C: Commercial District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the C: Commercial District are often brightly lighted and noisy. Permitted uses contained in this district are such that this district may be used to form a grouping of similar uses along certain portions of major commercial thoroughfares. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. Site Plan Description: The site plan includes a proposed single story 2,500 square foot building situated at the corner of Francis Avenue and McKinley Highway. The proposed building is located on the south side of the property. The site also contains a water retention area on the northwest corner of the property. Type 2 full screening is provided along the south property line. Zoning and Land Use History And Trends: The property to the west was rezoned in 1987 to commercial for automobile sales. Traffic and Transportation Considerations: McKinley Highway has 4 lanes with a center turn lane. Francis Avenue has 2 lanes. Utilities: The site will be served by municipal water and sewer. Agency Comments: Mishawaka Utilities commented that a 12 water main fronts the property at APC # Page 1 of 3

9 Staff Report 7/7/2017 McKinley Highway, running on the South side of the street. Currently there is no stub or service to this parcel but Mishawaka can provide water to this site. Mishawaka Utilities makes the live taps. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC : 1. Comprehensive Plan: Policy Plan: This rezoning petition is consistent with the Comprehensive Plan for South Bend and St. Joseph County, Indiana (April 2002): Goal 2: Objective C: Develop quality business areas to meet the retail and service needs of the planning area. Land Use Plan: The Future Land Use Map makes no specific recommendation for this area. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: This portion of McKinley Highway is a mix of business and commercial uses that buffer the industrial area to the north from the residential area to the south. 3. Most Desirable Use: The most desirable use for this site is one that compliments the commercial nature of this area while limiting any negative impact on surrounding residential properties. 4. Conservation of Property Values: The site is located in an existing commercial area. With the appropriate buffering, surrounding property values should not be affected. 5. Responsible Development And Growth: It is responsible development and growth to allow this site to rezone to commercial. 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 required minimum rear yard setback of 20' to 10'; 2) from the required minimum front yard setback of 40' to 24' for the building and 6' for parking along Francis Avenue (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; The proposed variances should have no impact on the public health, safety and general APC # Page 2 of 3

10 Staff Report 7/7/2017 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; With proper buffering, the use and value of adjacent properties should not be adversely affected. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Strict application of the ordinance would result in practical difficulties in the use of the property. Because of the size of the lot and location on a corner, strict application of the setbacks would make the vast majority of the site unusable. The wide right-of-way that currently exists on Francis provides an adequate setback and buffering. Staff Comments: The staff has no additional comments. Recommendation: Based on the information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the County Council with a favorable recommendation. The staff recommends approval of the variances. Analysis: Rezoning the property to C:Commercial will allow for the reuse of the site in a manner consistent with the established commercial corridor along McKinley Highway. APC # Page 3 of 3

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13 12' O.H.D. 10' 738 LEGEND MCKINLEY HIGHWAY PROPOSED PAVEMENT IN RIGHT OF WAY TO BE EITHER: 1.5" H.M.A. SURFACE 1.5" H.M.A. SURFACE 2.0" H.M.A. INTERMEDIATE 6.0" H.M.A. BASE 4.0" H.M.A. BASE 6.0" COMPACTED AGGREGATE NO " COMPACTED AGGREGATE NO. 53 PROPOSED PAVEMENT TO MEET ST. JOSEPH HIGHWAY DEPT. STANDARDS PROPOSED SITE PAVEMENT 6" CONCRETE 4" AGGREGATE BASE 738 S87 44'10"W 90.00' SITE PLAN NOTES: 1. PARKING REQUIREMENTS: 1 SPACE PER 3,000 S.F. OF INDUSTRIAL WAREHOUSE OR DISTRIBUTION. 2. PARKING PROVIDED: 1 SPACE, 16' x 20', SUITABLE FOR STANDARD OR HANDICAP USE. 3. SOUTH LOT LINE LANDSCAPE REQUIREMENTS: TYPE II FULL SCREENING LANDSCAPE: 4 EVERGREEN TREES PER 30 FEET OF LENGTH OF LOT LINE, EVENLY SPACED IN STAGGERED DOUBLE ROW. 4. REQUIRED PARKING SETBACK: 15 FEET PROPOSED PARKING SETBACK: 6 FEET 5. FOUNDATION LANDSCAPE REQUIREMENTS: 10 HEDGE OR SHRUB PLANTS PER 50 FEET OF BUILDING ON NORTH AND EAST SIDES, PLANTING AREA MINIMUM 6 FEET WIDE, PLANTING AREA MINIMUM 36 S.F. PER TWO PLANTS. 6. PARKING LOT LANDSCAPE SCREENING REQUIREMENTS: HEDGE OR SHRUB PLANTS 3 FEET ON CENTER ALONG THE NORTH AND EAST SIDE OF THE PARKING AREA. MINIMUM 24 INCHES AT TIME OF PLANTING. 7. STREET TREE LANDSCAPE: 1 SHADE TREE PER 40 FEET, SPACING MAY VARY WITH MAXIMUM 80 FEET BETWEEN TREES. 8. PROPOSED BUILDING WILL NOT HAVE BATHROOM FACILITIES, NO SANITARY SEWER OR WATER SERVICES ARE PROPOSED. CITY OF MISHAWAKA SANITARY SEWER AND WATER MAIN IS AVAILABLE TO THE PROPERTY. 738 INSTRUMENT LEGAL DESCRIPTION LOTS 233 AND 234 AS SHOWN ON THE RECORDED PLAT OF POWER LIGHT SECOND ADDITION TO THE CITY OF MISHAWAKA AS PER PLAT THEREOF RECORDED IN PLAT BOOK 12, PAGES 44 AND 45 IN THE OFFICE OF THE RECORDER OF SAINT JOSEPH COUNTY, INDIANA, EXCEPTING THE NORTH FEET OF LOTS 233 AND 234 OF POWER LIGHT SECOND ADDITION. S0 11'10"W ' 738 5' SIDE SETBACK ' 40' FRONT SETBACK ' ' ' FRONT SETBACK 24.00' 68' 8.00' 12.00' 12.00' ' PARKING SETBACK 96 S.F. COVERED PORCH 16' 24' ' S0 11'10"W FRANCIS AVENUE (AKA FRANCES AVENUE) PROPOSED SITE PLAN NOTES: 1. PROPERTY LINES SHOWN ARE APPROXIMATE FROM COUNTY GIS RECORDS. NO BOUNDARY SURVEY WAS CONDUCTED AS PART OF THIS PROJECT. 2. GROUND ELEVATION DATA IS APPROXIMATE FROM STATE OF INDIANA LIDAR DATA AND ARE ACCURATE TO ±1 FOOT. NO TOPOGRAPHIC SURVEY WAS CONDUCTED AS PART OF THIS PROJECT. 3. ALL EXISTING PROPERTY LINES AND GROUND ELEVATIONS TO BE VERIFIED ON SITE BY OTHERS. 4. ALL PROPOSED ELEVATIONS ARE CONCEPTUAL AND ONLY ACCURATE TO ± 1 FOOT. ALL PROPOSED ELEVATIONS TO BE VERIFIED ON SITE BY OTHERS. Printed: Wednesday, June 28, :09 AM Last Saved: Wednesday, June 28, :04 AM File Name: Z:\2017\ \Dwg\ DESIGN.dwg REVISION: REVISION: REVISION: REVISION: REVISION: REVISION: W E S Graphic Scale 1" = 10 06/05/17 12 FT OVERHEAD DOOR, DRIVEWAY 18 FT WIDE 06/28/17 ACCESS DRIVEWAY 24 FT. WIDE ' 10' 12' 40.00' ' ' REAR SETBACK 739 PROPOSED BUILDING 2,500 S.F. 1-STORY, 20 FT. EAVE HT ' TYPE II FULL SCREENING LANDSCAPING 90.00' S87 44'10"W 8.00' 8' 8' 40.00' 2' 20' 740 PARKING SPACE 24' 24' 6' R10' R10' Marbach Marbach, Brady & Weaver, Inc. Engineering & Surveying Since Southview Drive Elkhart, Indiana (574) Fax: (574) info@marbachpls.com C 2017 Marbach, Brady & Weaver, Inc. CAD FILE: DESIGN.dwg SCALE: 1"=10' HORIZONTAL NONE VERTICAL DATE OF CERTIFICATION: 06/28/17 ENGINEER: Debra S. Hughes, PE DRAWN BY: DSH / AKM Preliminary Drawing - Not for Construction DEBRA SMI TH REGISTERED No. PE STATE OF HUGHES PROFESSIONA L ENGINEER INDIA NA PROPOSED SITE PLAN PROPOSED COMMERCIAL BUILDING, MCKINLEY HIGHWAY, MISHAWAKA, POWER AND LIGHT 2ND ADD., LOTS 233, 234, PT. NE 4, 1 SEC. 12, T37N, R3E, PENN TWP., ST. JOSEPH CO., INDIANA DRAWING NO. JOB NUMBER: SHEET 1 OF 3 A-38477

14 Staff Report 7/7/2017 APC # Owner: Location: Jurisdiction: Public Hearing Date: Donald C. DeSchepper the west acres of Patterson St. Joseph County 7/18/2017 Requested Action: The petitioner is requesting a zone change from B: Business District to C: Commercial District and seeking 2 variances from the development standards. Land Uses and Zoning: On site: North: East: South: West: On site are two large commercial buildings and outdoor storage of farm equipment To the north are businesses, zoned C: Commercial District and R: Single Family District. To the east is an agricultural field zoned R: Single Family District. To the south is a home and across Patterson is an agricultural field, both zoned R: Single Family District. To the west are homes and retail establishments, zoned B: Business District District Uses and Development Standards: The C: Commercial District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the C: Commercial District are often brightly lighted and noisy. Permitted uses contained in this district are such that this district may be used to form a grouping of similar uses along certain portions of major commercial thoroughfares. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. Site Plan Description: The proposed site plan includes 15,600 square feet of commercial buildings situated at the west side of the property. A proposed retention basin is located to the south of the buildings. No other development is shown at this time. Zoning and Land Use History And Trends: In 2007, the lot to the north was rezoned to C: Commercial. Traffic and Transportation Considerations: Patterson Road has 2 lanes. Woodland and Perry have 2 lanes, providing access to S.R Utilities: The site will be served by private well and septic. Agency Comments: APC # Page 1 of 3

15 Staff Report 7/7/2017 The county Engineer commented that the following items need to be addressed prior to final acceptance of the above referenced site: 1) Provide drainage plan with drainage calculations, storage requirements, existing and proposed contour lines, etc.; 2. Road improvements shall be completed on Perry Avenue from S.R. 331 to end of road. Mill out existing pavement 4.0 and replace with 3 of HMA Base, 25.0MM and 1.5 of HMA Surface 9.5MM; and 3) any driveway work is proposed then it shall conform to standards and permit is required prior to construction. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC : 1. Comprehensive Plan: Policy Plan: This rezoning petition is consistent with the Comprehensive Plan for South Bend and St. Joseph County, Indiana (April 2002): Goal 2: Objective C: Develop quality business areas to meet the retail and service needs of the planning area. Land Use Plan: The Future Land Use Map makes no specific recommendation for this area. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: This area, commonly known as Wyatt, has developed with a mix of business and commercial uses along SR 331, surrounded by homes and agricultural land. 3. Most Desirable Use: The most desirable use for this site is one that compliments the commercial nature of this area while limiting any negative impact on surrounding residential properties. 4. Conservation of Property Values: The site is located adjacent to an existing commercial business area. With the appropriate buffering, surrounding property values should not be affected. 5. Responsible Development And Growth: It is responsible development and growth to allow this site to develop as commercial. 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 required surface parking area and drive to a dust controlled aggregate hard surface; 2) from the required landscaping of required front yards and required side and rear yards abutting residential to none APC # Page 2 of 3

16 Staff Report 7/7/2017 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; The proposed 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; As an agricultural business in a primarily agricultural area, surrounding properties should not be adversely affected. Special attention to the buffering should help protect the residential properties. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Because of the rural location of the site, strict application of the Ordinance may result in practical difficulties. Staff Comments: The staff has no additional comments. Recommendation: Based on the information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the County Council with a favorable recommendation. The staff recommends approval of the variances subject to the appropriate landscaping being installed for the addition of any development within 200 feet of the south property line. Analysis: Rezoning this site to C: Commercial will allow for the expansion of a commercial establishment that serves the surrounding agricultural community. The proposed uses are compatible with the commercial, agricultural, and residential uses of the area. APC # Page 3 of 3

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20 Staff Report 6/27/2017 APC # Owner: Common Council of the City of South Bend, IN Location: Text Amendment Jurisdiction: City of South Bend Public Hearing Date: 7/18/2017 Requested Action: The requested action is a Council Initiated text change, amending the ordinance to allow for a new use identified as Mini (self storage) Warehouse, Internal Access in the CB, CBD, and GB districts and providing a definition for such use. Staff Comments: As larger retail facilities close or relocate their existing facilities, buildings with large foot prints are often left behind. The proposed text amendment creates a use that allows for the conversion or creation of a mini (self storage) facility in which the traditional access is shifted to a shared internal access, allowing businesses to maintain their retail store front appearance. A Mini (Self Storage) Warehouse, Internal Access is defined as a mini (self storage) warehouse having sole access to all of its individual storage spaces through common entries and internal hallways. No direct access or outward appearance of direct access to an individual storage space is provided from the building exterior and no outdoor storage area is provided on site. The proposed text amendment allows for Mini (Self Storage) Warehouse, Internal Access as a permitted use in CB Community Business District, CBD Central Business District, and GB General Business District with in the City. Additional development standards are created to encourage the building to either maintain or create the appearance of a traditional retail store. Recommendation: Based on information available prior to the public hearing, the staff recommends to petition be sent to the Common Council with a favorable recommendation. Analysis: Updating the zoning ordinance to allow for the adaptive reuse of large vacant commercial structures or the creation of conveniently placed new storage facilities while maintaining the appearance of a retail center will promote stability and vibrancy of the commercial districts within the City. APC # Page 1 of 1

21 FINDINGS OF FACT APC# Holy Trinity Evangelical Lutheran Church Mayflower Road South Bend, IN On Tuesday, June 20, 2017, the Area Plan Commission approved the following variances from the Development Standards of the St. Joseph County Zoning Ordinance: 1) from the required 75' front yard and building setback to 60' from the centerline of Mayflower Rd. 2) from the required 40' rear yard and building setback to 20' for buildings and 5' for drive aisles. 3) from the required landscaping to the landscaping as shown on the site plan. 4) from the required maximum 20% building coverage to 30%. (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community. Because the proposed development is located at least 40' from the property line, the proposed 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 adversely affected by the requested variances because the development proposes a low intensity use in a predominantly rural area (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Strict application of the ordinance would result in practical difficulties in the use of the property. Under strict adherence to setback lines, the layout of the site would incur major site and structural modifications causing difficulties in parking and traffic flow between buildings and the property line. The installation of all required landscaping would require major adjustments to the site. The Minutes of the June 20 th, 2017 meeting of the Area Plan Commission are hereby incorporated by reference herein. Adopted by the Area Plan Commission of St. Joseph County, Indiana, this 18th day of July, ATTEST: Daniel H. Brewer, President Area Plan Commission of St. Joseph County, Indiana Lawrence P. Magliozzi, Secretary

22 FINDINGS OF FACT APC# PBS Properties 3015 W. Western Avenue South Bend, IN On Tuesday, June 20, 2017, the Area Plan Commission approved the following variances from the Development Standards of the St. Joseph County Zoning Ordinance: 1) from the required landscaping of required perimeter yards to none 2) from required minimum 30 off-street parking spaces to 0 (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community. The proposed 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. Due to the existing commercial character and use of the area, the use and value of adjacent properties should not be adversely affected by the requested variances. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Strict application of the ordinance would result in practical difficulties in the use of the property. Due to the commercial nature of Western Avenue, there is an insufficient amount of land and daylight to adhere to the landscaping requirements of the ordinance. The site is located mid-block with a zero-lot line to one side and insufficient side yard and alley space to accommodate the parking requirements or the landscaping required at this site. Portions of the building would need to be demolished in order to meet strict application of the ordinance. The Minutes of the June 20 th, 2017 meeting of the Area Plan Commission are hereby incorporated by reference herein. Adopted by the Area Plan Commission of St. Joseph County, Indiana, this 18th day of July, ATTEST: Daniel H. Brewer, President Area Plan Commission of St. Joseph County, Indiana Lawrence P. Magliozzi, Secretary