HomeMy WebLinkAbout08.15.22 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
Scott Ford
Commission President
AGENDA
Monday, August 15, 2022 - 4:00 P.M.
County-City Building
Fourth-Floor Council Chambers
PUBLIC HEARING:
A.REZONINGS
1.Location:4427 BROOKTON DR and 1335 IRELAND RD PC#0105-22
Petitioner:FOX REAL ESTATE LLP
Requested Action:
Rezoning: From S1 Suburban Neighborhood 1 to C Commercial
2.Location: 232 LAPORTE AVE PC#0109-22
Petitioner: STEPHEN J & JOAN E EDDY AS TRUSTEES OF STEPHEN J EDDY
LIVING TRUST & RES LIFE EST
Requested Action:
Rezoning: From U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2
Special Exception: legal non conforming use of a dwelling, 3 units
B.MAJOR SUBDIVISIONS – None for consideration
C.TEXT AMENDMENTS – None for consideration
D.DEVELOPMENT PLANS
1.A RESOLUTION OF THE PLAN COMMISSION OF THE CITY OF SOUTH BEND,
INDIANA, APPROVING AND ADOPTING THE NORTHEAST NEIGHBORHOOD
PLAN - Request to table to September 19, 2022
2.A RESOLUTION OF THE PLAN COMMISSION OF THE CITY OF SOUTH BEND,
INDIANA, APPROVING AND ADOPTING THE KENNEDY PARK NEIGHBORHOOD
PLAN - Request to table to September 19, 2022
ITEMS NOT REQUIRING A PUBLIC HEARING:
A.MINOR SUBDIVISIONS
1.Name:GATES IRELAND ROAD EAST MINOR SUBDIVISION PC#0097-22
Location:Between E. Ireland Road and E. Walter Street approximately 900' East
of S. Michigan Street
2.Name:KERRIGAN'S ST. LOUIS BOULEVARD MINOR SUBDIVISION
PC#0104-22
Location: EAST SIDE OF ST. LOUIS APPROXIMATELY 160 FT SOUTH OF
ST. VINCENT ST
3.Name:PENNY HILL HOMES MINOR SUBDIVISION PC#0106-22
Location:Northwest Corner of Scott St. And W LaSalle Ave
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
Scott Ford
Commission President
B.DEVELOPMENT PLANS
1.RATIFY CHANGES TO THE NEAR WEST SIDE PLAN DOCUMENT
C.FINDINGS OF FACT
1.PC#0102-22 - PROPERTY BOUND BY MCCARTNEY ST., KESSLER BLVD., AND
KING ST. EXCEPT 1416 AND 1428 KESSLER
D.UPDATES FROM STAFF
E.MINUTES – June 21, 2022
F.ADJOURNMENT
SOUTH BEND PLAN COMMISSION Page 1 of 5
Staff Report – PC#0105-22 July 18, 2022
Property Information
Location: 4427 BROOKTON DR and 1335 IRELAND RD
Owner: FOX REAL ESTATE LLP
Requested Action
Rezone from S1 Suburban Neighborhood 1 to C Commercial
Project Summary
Rezone the subject property to allow for Automobile Repair Shop
Location Map
Recommendation
Staff Recommendation: Based on the information available to the public hearing, the staff
recommends the Commission send the petition to the Common Council with an unfavorable
recommendation. If approved by the Council, the staff recommends the Commission encourage
the Council to impose the suggested written commitments to lessen the impact on the
neighborhood.
Staff Report -PC#0105-22 7/18/2022
SOUTH BEND PLAN COMMISSION Page 2 of 5
Proposed Site Plan
Staff Report -PC#0105-22 7/18/2022
SOUTH BEND PLAN COMMISSION Page 3 of 5
Land Uses and Zoning:
On site: Is a single family home and a vacant lot
North: To the north are single family homes zoned S1 Suburban Neighborhood 1.
East: To the east, across Brookton, are singe family homes zoned S1 Suburban
Neighborhood 1
South: To the south, across Ireland is a financial institution and multi-tenant commercial space
zoned C Commercial
West: To the west is a restaurant zoned C Commercial.
District Intent:
The C District is established to provide a location for medium- to high-intensity commercial uses
that are auto-oriented, typically located along major corridors at the fringe of the City or as small
groupings located outside of neighborhood centers.
Site Plan Description:
The proposed site includes an automotive repair building with the associated parking and drives.
The site plan provided does not meet the standards of the C Commercial District and will need to
be modified to meet compliance, or seek approval for variances from the Board of Zoning
Appeals.
Zoning and Land Use History and Trends:
This neighborhood was one of the first residential subdivisions developed in the early 1950's. By
the mid-60's, additional residential neighborhoods had developed south of Ireland Road. As the
residential area grew, a small neighborhood commercial center was built at the intersection of
Miami and Ireland. The construction of the mall on the south side of Ireland Road in 1972 began
to change the character of the area. Increasing commercial pressure along Ireland Road lead to
the introduction of gas stations and more intense commercial development. The failure of the
mall lead to the redevelopment of the area around 2005. Since then, commercial has struggled in
the complex with only a few anchors surviving and large turnover and high vacancies in the
complex.
The residential structure at 1335 Ireland was demolished in the mid-1990's. The foundation
remained for several years until it was replaced by trees, which helped to serve as a buffer
between the residential properties to the north and the commercial development to the south.
The corner property was recently cleared (between 2017 and 2019) with the home at 4427
Brookton still remaining.
Traffic and Transportation Considerations:
Ireland Road expands from a four lane road to four lanes with a center turn lane just west of this
site. Brookton is a two lane residential street with unmarked on-street parking.
Agency Comments:
There are no agency comments at this time. Agencies will fully review the development at the
time of site development.
Staff Comments:
While the property across the Ireland is zoned C Commercial, the bank is a very low intensity
land-use. Broadmoor is a well established residential neighborhood. Demolishing a home and
introducing more commercial in the front yard of existing homes may start to destabilize this
Agency Comments
Site & Context
Staff Report -PC#0105-22 7/18/2022
SOUTH BEND PLAN COMMISSION Page 4 of 5
section of the neighborhood. If this property is rezoned, any use allowed in the C Commercial
District could locate on this property.
Per State Law, the Plan Commission and Common Council shall pay reasonable regard to:
1. Comprehensive Plan:
Policy Plan:
This petition is not consistent with City Plan (2006) Policy LU 2.4 Provide buffer spaces between
non-compatible land uses or Policy H2.5 Purse alternatives to the demolition of structurally
sound housing.
Land Use Plan:
This property is adjacent to a regional commercial node identified on the land use plan.
Plan Implementation/Other Plans:
There are not other plans for the area.
2. Current Conditions and Character:
Ireland Road is a mix of commercial and residential with two intense commercial nodes at the
intersections of Ireland with Miami and Ironwood. The two nodes are dissected by a traditional
single family neighborhood.
3. Most Desirable Use:
The most desirable use of the property is one that would not require the demolition of the existing
single-family home. A slightly higher intensity use could buffer the residential properties from the
large commercial development to the south. The property is well suited for medium density
residential, such as that found in the U2 District, or small scale office/retail uses, such as those
found in the UF District.
4. Conservation of Property Values:
A development of this nature could have a significant negative impact on the use and value of
adjacent properties. Allowing the commercial to encroach into the neighborhood would not only
significantly impact the homes immediately adjacent to the property, but may result in the
destabilization of the neighborhood and encourage further commercial pressure on the existing
homes along Ireland Road.
5. Responsible Development and Growth:
It is not responsible development and growth to allow commercial uses to encroach into
established residential neighborhood. The Comprehensive Plan emphasizes the need for buffer
areas between incompatible uses and preserve the existing housing in the area.
Commitments: If the petition is approved, the following commitments should be considered: 1) provide
a 25' minimum corner setback on Brookton; 2) no access to Brookton; 3) no drive-through facility
shall be permitted; 4) no off-premise signs shall be permitted; 5) NC Neighborhood Center
District building standards should be applied.
Criteria for Decision Making
Rezoning
Analysis & Recommendation
Staff Report -PC#0105-22 7/18/2022
SOUTH BEND PLAN COMMISSION Page 5 of 5
Analysis: Rezoning this property to C Commercial could have a substantial negative impact on the
adjacent residential neighborhood. Since the neighborhood was developed in the early 1950's,
the area has undergone a significant change. What was developed as a small neighborhood
commercial area to the west in the 1960's has grown to a large regional commercial node.
Allowing the commercial zoning to further encroach into the neighborhood will likely destabilize
the existing neighborhood and increase pressure for additional commercial development along
Ireland Road.
Recommendation: Based on the information available to the public hearing, the staff recommends the
Commission send the petition to the Common Council with an unfavorable recommendation. If
approved by the Council, the staff recommends the Commission encourage the Council to
impose the suggested written commitments to lessen the impact on the neighborhood.
SOUTH BEND PLAN COMMISSION Page 1 of 5
Staff Report – PC#0109-22 August 15, 2022
Property Information
Location: 232 LAPORTE AVE
Owner: STEPHEN J & JOAN E EDDY AS TRUSTEES OF STEPHEN J EDDY LIVING TRUST &
RES LIFE EST
Requested Action
Rezone from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2
Special Exception: to allow a conversion to add one or more dwelling units to the existing structure
Project Summary
To allow a nonconforming existing use as a three unit apartment house (Triplex) to remain
Location Map
Recommendation
Staff Recommendation: Based on information available prior to the public hearing, the staff
recommends the Commission send the petition to the Common Council with a favorable
recommendation, subject to acquiring a Certificate of Rental Safety from Code Enforcement.
Staff Report -PC#0109-22 8/15/2022
SOUTH BEND PLAN COMMISSION Page 2 of 5
Proposed Site Plan
Staff Report -PC#0109-22 8/15/2022
SOUTH BEND PLAN COMMISSION Page 3 of 5
Land Uses and Zoning:
On site: On Site is a residential structure already in use as a multi-unit dwelling.
North: Several residential structures and a vacant lot zoned U1 Urban Neighborhood 1.
East: Residential Structures zoned U1 Urban Neighborhood 1.
South: Vacant lot zoned U1 Urban Neighborhood 1.
West: Across LaPorte Ave property 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 current site plan shows no major alterations to the existing site.
Zoning and Land Use History and Trends:
The neighborhood was largely established in the late 1800s as a walkable urban single family
neighborhood consisting of single family homes with the occasional duplex or triplex, accessed
by rear alleys.
Through the last few decades, the neighborhood has experienced severe population decline,
resulting in large sections of the neighborhood consisting of numerous vacant lots. Recent
public-private partnerships with neighborhood groups have resulted in the construction of new
residential units in the area.
Traffic and Transportation Considerations:
LaPorte Ave is a two lane street with no on-street parking. LaSalle Ave is a narrow two lane
street with on-street parking in limited locations.
Agency Comments:
There are no additional comments at this time.
Staff Comments:
The property has been used as a multi-family dwelling for many years. However, the conversion
from a two-family to a three-family cannot be documented. The proposed rezoning and special
excption will legalize the current use of the structure. The residential character of the dwellign
has not change.
Per State Law, the Plan Commission and Common Council shall pay reasonable regard to:
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, which would allow
for a range of neighborhood - scaled residential housing types.
Agency Comments
Criteria for Decision Making
Rezoning
Site & Context
Staff Report -PC#0109-22 8/15/2022
SOUTH BEND PLAN COMMISSION Page 4 of 5
Plan Implementation/Other Plans:
The proposed Kennedy Park Neighborhood plan proposes this site as U2 Urban Neighborhood
2.
2. Current Conditions and Character:
The existing neighborhood was a dense urban single-family neighborhood. Over time, the
demolition of homes has resulted in an increased number of vacant lots and population decline.
Most of the homes in the neighborhood date from the late 1800s. A mix of multi-unit residential
has developed on various sites throughout the neighborhood, most of which were single unit
structures than have been converted.
3. Most Desirable Use:
The most desirable use is for low to medium density residential housing that will seamlessly fit
the established character of the neighborhood.
4. Conservation of Property Values:
Allowing for the continued use of the property should help stabilize property values throughout
the area as opposed to the building being torn down.
5. Responsible Development and Growth:
It is responsible development and growth to allow for a variety of housing options within this
neighborhood.
Special Exception
The petitioner is seeking a Special Exception to allow:
to allow a conversion to add one or more dwelling units to the existing structure
A Special Exception may only be granted upon making a written determination, based upon the
evidence presented at a public hearing, that:
(1) The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
The proposed use should not be injurious to the public health, safety morals or general welfare of
the community. The general welfare and stability of the community could benefit from the
increased variety of housing types. Approval of the Special Exception should not affect the
general welfare of the community, the residence has operated as a two unit and three unit
residence for the past 40 years.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
Allowing the existing three unit residential dwelling should not injure or adversely affect the use
or value of the adjacent area or property values, provided the current residential character is
maintained. The current elevations of the building preserve the single unit appearance.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
This three unit dwelling will be consistent with the character of the district and neighborhood in
both use and style of construction.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006) Objective
H1.1: Encourage residential developments to contain a mix of housing types, densities, price
ranges, and amenities. The proposed Kennedy Park Neighborhood Plan shows this area as U2
Urban Neighborhood 2.
Staff Report -PC#0109-22 8/15/2022
SOUTH BEND PLAN COMMISSION Page 5 of 5
Commitments: There are no commitments proposed at this time.
Analysis: Rezoning the site to U2 Urban Neighborhood 2 District will allow for the structure to continue
to be used as a multi-unit dwelling, which will provide increased housing options while not
drastically changing the established character of the neighborhood.
Recommendation: Based on information available prior to the public hearing, the staff recommends the
Commission send the petition to the Common Council with a favorable recommendation, subject
to acquiring a Certificate of Rental Safety from Code Enforcement.
Analysis & Recommendation
SOUTH BEND PLAN COMMISSION Page 1 of 3
Staff Report – PC#0097-22 July 18, 2022
Property Information
Subdivision Name: GATES IRELAND ROAD EAST MINOR SUBDIVISION
Location: Between E. Ireland Road and E. Walter Street approximately 900' East of S.
Michigan Street
Requested Action
The total area of the subdivision is 6.68 acres and will consist of 2 building lots.
Location Map
Recommendation
Staff Recommendation: The Staff has reviewed this subdivision and finds 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.
SOUTH BEND PLAN COMMISSION Page 2 of 3
Staff Report – PC#0097-22 July 18, 2022
Proposed Plat
SOUTH BEND PLAN COMMISSION Page 3 of 3
Staff Report – PC#0097-22 July 18, 2022
Project Details
Environmental Data: A check of the Agency's maps indicates that no environmental
hazard areas or wetlands are present.
Drainage: A site drainage plan will be required at the time of development.
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: Additional right-of-way will need to be dedicated along Ireland
Road to encompass municipal sewer and public sidewalk.
Sidewalk will be required along Ireland Road and Walter Street.
Recommendation
Staff Recommendation: The Staff has reviewed this subdivision and finds 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.
SOUTH BEND PLAN COMMISSION Page 1 of 3
Staff Report – PC#0104-22 July 18, 2022
Property Information
Subdivision Name: KERRIGAN'S ST. LOUIS BOULEVARD MINOR SUBDIVISION
Location: East Side Of St. Louis Approximately 160 Ft South Of St. Vincent St.
Requested Action
The total area of the subdivision is 0.43 acres and will consist of 2 building lots.
Location Map
Recommendation
Staff Recommendation: The Staff has reviewed this subdivision and finds 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.
SOUTH BEND PLAN COMMISSION Page 2 of 3
Staff Report – PC#0104-22 July 18, 2022
Proposed Plat
SOUTH BEND PLAN COMMISSION Page 3 of 3
Staff Report – PC#0104-22 July 18, 2022
Project Details
Environmental Data: A check of the Agency's maps indicates that no environmental
hazard areas or wetlands are present.
Drainage: A drainage plan is not required for single-family residential
development.
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: Access will need to be from the alley. Curbs and sidewalks may
need to be replaced.
Recommendation
Staff Recommendation: The Staff has reviewed this subdivision and finds 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.
Staff Report – PC#0106-22 August 15, 2022
Property Information
Subdivision Name: PENNY HILL HOMES MINOR SUBDIVISION
Location: Northwest Corner of Scott St. And W LaSalle Ave.
Requested Action
The total area of the subdivision is 0.32 acres and will consist of 2 building lots.
Location Map
Recommendation
Staff Recommendation: The Staff has reviewed this subdivision and finds 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.
SOUTH BEND PLAN COMMISSION Page 2 of 3
Staff Report – PC#0106-22 August 15, 2022
Proposed Plat
SOUTH BEND PLAN COMMISSION Page 3 of 3
Staff Report – PC#0106-22 August 15, 2022
Project Details
Environmental Data: A check of the Agency's maps indicates that no environmental
hazard areas or wetlands are present.
Drainage: A drainage plan is not required for single-family residential
development.
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: There are no additional comments at this time.
Recommendation
Staff Recommendation: The Staff has reviewed this subdivision and finds 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.
July 20, 2022
South Bend Plan Commission
4th Floor County City Building
South Bend, IN 46601
Re: Ratifying Changes to Near West Side Neighborhood Plan
Following additional public comment and input from the South Bend Common Council, the
Department of Community Investment has made the following updates to the Near West Side
Neighborhood Plan since its adoption by the Plan Commission in June:
• Strengthened Brownfield Language
o Page 5: Added “brownfield concerns” to Existing Conditions map
o Page 16: Updated project description to include “Property owners can work with
governmental agencies to assess and address environmental conditions on
brownfield sites.”
o Page 42: Created an implementation strategy (5.5) that states “Work with federal,
state, regional, and local governments to connect property owners with resources
to assess and remediate brownfield sites.”
• History Museum Area
o Pages 19, 20: Updated concept graphics for block southwest of Chapin and
Thomas Streets; change text on letter “F” to now read “Future use for History
Museum.”
• Civic Connector
o Pages 26, 27: Updated the Street Improvements & Traffic Calming graphic to
include an intersection improvement on the 1000 Block of West Washington
Street between the Civil Rights Heritage Center and the Center for Civic
Innovation
• Non-Substantive Changes
o Pages 14, 18, 19, 32, 38: Fixed or clarified grammatical items
o All Pages: Updated formatting throughout the document including alignment of
text and graphics
Please ratify these changes to the plan that was adopted by the Common Council on July 25,
2022.
Respectfully,
Angela Rose
Senior Planner
City of South Bend