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HomeMy WebLinkAbout02-26-2024 FINAL AGENDA PACKETMEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: BIANCA L. TIRADO, CITY CLERK DATE: THURSDAY, FEBRUARY 22, 2024 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, February 26, 2024: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public. Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app here: http://tinyurl.com/022624CC 3:30 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, TOMAS MORGAN 1.Organizational Meeting 3:35 P.M. INFORMATION & TECHNOLOGY CHAIRPERSON, TOMAS MORGAN 1.Organizational Meeting 3:40 P.M. COMMUNITY RELATIONS CHAIRPERSON, GOODEN-RODGERS 1.Organizational Meeting 3:45 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI 1.Bill No. 12-24- Salary Ordinance 10982-23 Amendment 4:00 P.M. PUBLIC WORKS & PROPERTY VACATION CHAIRPERSON, NIEZGODSKI 1.Update- Council Curb/Sidewalk Allocation | Grading of City Sidewalks, Eric Horvath- Director of Public Works 4:20 P.M. COUNCIL RULES PRESIDENT, S. MCBRIDE 1.Bill No. 10-24- Amendment Section 2-7 Contractual Services for Minutes 4:35 P.M. UTILITIES CHAIRPERSON, BOLDEN-SIMPSON 1.Organizational Meeting 2.Update- Replacing of Lead Pipes | Utility Assistance Program | Status of City Water Treatment Plan Upgrades | Progress of CSO Issues, Eric Horvath- Director of Public Works 5:05 P.M. ZONING & ANNEXATION CHAIRPERSON, DR. DAVIS 1.Bill No. 01-24- 3931 Portage Road and Vacant Lot Adjacent to and West of 3931 Portage Road Rezoning 2.Bill No. 02-24- 711 Leland Ave Rezoning 3.Bill No. 03-24- 734 S. Walnut Street Rezoning 4.Bill No. 04-24- 1610 and 1612 Hilde Court Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning & Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, S. MCBRIDE 1. Discussion of Council Agenda 2.Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, February 26, 2024 7:00 P.M. The South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: http://tinyurl.com/SBCC022624 1.INVOCATION – REV. TONY MCGRAW, FAITH BAPTIST CHURCH 2.PLEDGE TO THE FLAG 3.ROLL CALL 4.REPORT FROM THE SUB-COMMITTEE ON MINUTES February 12, 2024 October 24, 2022 June 13, 2022 November 28, 2022 June 27, 2022 December 12, 2022 October 10, 2022 5.SPECIAL BUSINESS 6.REPORTS FROM CITY OFFICES 7.COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 01-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 3931 PORTAGE ROAD AND VACANT LOT ADJACENT TO AND WEST OF 3931 PORTAGE ROAD COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 2 02-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 711 LELAND AVENUE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 03-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 734 SOUTH WALNUT STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 04-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1610 AND 1612 HILDE COURT COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 10-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2-7(C) OF CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE, “DUTIES OF THE CITY CLERK AS CLERK OF THE COUNCIL” TO PERMIT THE CITY CLERK TO HIRE OUTSIDE CONTRACTUAL SERVICES FOR THE INITIAL PREPARATION OF DRAFTS OF MEETING MINUTES 12-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10982-23, WHICH FIXES MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE OFFICE OF THE CITY CLERK OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2024, TO ESTABLISH ONE NEW FULL-TIME POSITION 8.BILLS ON THIRD READING TIME:______ BILL NO. 01-24 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 3931 PORTAGE ROAD AND VACANT LOT ADJACENT TO AND WEST OF 3931 PORTAGE ROAD COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 3 02-24 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 711 LELAND AVENUE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 03-24 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 734 SOUTH WALNUT STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 04-24 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1610 AND 1612 HILDE COURT COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 10-24 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2-7(C) OF CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE, “DUTIES OF THE CITY CLERK AS CLERK OF THE COUNCIL” TO PERMIT THE CITY CLERK TO HIRE OUTSIDE CONTRACTUAL SERVICES FOR THE INITIAL PREPARATION OF DRAFTS OF MEETING MINUTES 12-24 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10982-23, WHICH FIXES MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE OFFICE OF THE CITY CLERK OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2024, TO ESTABLISH ONE NEW FULL-TIME POSITION 9.RESOLUTIONS 10.BILLS ON FIRST READING BILL NO. 13-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2024 14-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10980-23, WHICH FIXED MAXIMUM WAGES OF TEAMSTER EMPLOYEES 4 FOR CALENDAR YEAR 2024, TO CORRECT A SCRIVENER’S ERROR IN THE WAGE TABLES FOR THE EQUIPMENT SERVICES WORK GROUP 15-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10978-23, WHICH FIXES MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2024, TO ESTABLISH TWO NEW FULL-TIME POSITIONS 16-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2024 OF $1,262,792 FROM THE GENERAL FUND (#101), $670,996 FROM THE PARKS AND RECREATION FUND (#201), $456,000 FROM THE LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $100,000 FROM THE LIABILITY INSURANCE FUND (#226), $150,000 FROM THE LOSS RECOVERY FUND (#227), $32,157 FROM THE COVID-19 RESPONSE FUND (#264), $360,500 FROM THE IT / INNOVATION / 311 CALL CENTER FUND (#279), $1,500,000 FROM MORRIS PERFORMING ARTS CENTER CAPITAL FUND (#416), $123,500 FROM THE PARKING GARAGES FUND (601), $1,100,000 FROM THE WATER WORKS CAPITAL FUND (#622), AND $250,000 FROM THE SEWAGE WORKS OPERTIONS FUND (#641). 11.UNFINISHED BUSINESS 12.NEW BUSINESS 13.PRIVILEGE OF THE FLOOR 14.ADJOURNMENT TIME: _________ Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2024 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-04-2024) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Troy Warner, Chairperson Sherry Bolden-Simpson, Member Rachel Tomas-Morgan, Vice-Chairperson Citizen Member Ophelia Gooden-Rodgers., Member Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Ophelia Gooden-Rodgers, Chairperson Sheila Niezgodski, Member Canneth Lee, Vice-Chairperson Sherry Bolden-Simpson, Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Sharon L. McBride, Member Troy Warner, Member Sheila Niezgodski, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Rachel Tomas Morgan, Chairperson Troy Warner, Member Dr. Oliver Davis, Vice-Chairperson Citizen Member Karen L. White, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Canneth Lee, Member Sherry Bolden-Simpson, Vice-Chairperson Citizen Member Citizen Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Canneth Lee, Chairperson Dr. Oliver Davis, Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Karen L. White, Member Troy Warner, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member Citizen Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member Carl Littrell Jason Piontek RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Amika Micou Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Sherry Bolden-Simpson, Chairperson Troy Warner, Member Dr. Oliver Davis, Vice-Chairperson Ophelia Gooden-Rodgers, Member Citizen Member Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Dr. Oliver Davis, Chairperson Sheila Niezgodski, Member Ophelia Gooden Rodgers, Vice-Chairperson Karen L. White, Member Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Sherry Bolden-Simpson, Member 2024 COMMON COUNCIL STANDING COMMITTEES (Rev.01-04-2024) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Personnel & Finance Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Vice-Chairperson OPHELIA GOODEN-RODGERS, 2nd District Council Member Community Relations Committee, Chairperson Utilities Committee, Member Zoning & Annexation Committee, Vice-Chairperson Residential Neighborhoods Committee, Member Community Investment Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Investment Committee, Chairperson Health & Public Safety Committee, Member Personnel & Finance Committee, Vice-Chairperson Utilities Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member Council Rules Committee, Member SHERRY BOLDEN-SIMPSON, 5TH District Council Member Utilities Committee, Chairperson Community Relations Committee, Member Information & Technology, Vice-Chairperson Community Investment Committee, Member Public Works & Property Vacation Committee, Member Sub-Committee on Minutes, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member Community Relations Committee, Member DR. OLIVER DAVIS, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation, Member Utilities Committee, Vice-Chairperson PARC Committee, Member Health and Public Safety Committee, Vice-Chairperson RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member Committee Investment Committee, Vice-Chairperson KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Health & Public Safety Committee, Member Public Works & Property Vacation, Vice-Chairperson Zoning & Annexation Committee, Member Personnel and Finance Committee, Member LAN C County-City Building City of South Bend 227 W.Jefferson Blvd. 1400S South Bend, IN 46601 PLAN COMMISSION 574) 235-7627 wvvvv.sodthbendiftgcw/zoning IAeu5HEo Filed in Clerk's Office r--- ---- December 19, 2023 JAN 0 2 2024 Honorable Committee Chair Hamann DAWN M.JONES 4th Floor, County-City Building CITY CLERK,SOUTH BEND,IN South Bend, IN 46601 RE: 3931 Portage Road and Vacant Lot Adjacent to and West of 3931 Portage Road PC#0186-24 Dear Committee Chair Hamann: 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 January 8, 2024, Council meeting, and set it for public hearing at your January 22, 2024,Council meeting. The petition is tentatively scheduled for public hearing at the January 16, 2024, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Rezone property from 52 Suburban Neighborhood 2 to C Commercial. If you have any questions, please feel free to contact our office. Sincerely, t(echx-_ Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran _ v Angela Smith Scott Ford Planning Director Zoning Administrator Commission President BILL NO. 01-24 Filed in Clerk's Office BILL NO. 01-24 Q1 CITY CLERK, SOUTHORDINANCENO. cEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 3931 PORTAGE ROAD AND VACANT LOT ADJACENT TO AND WEST OF 3931 PORTAGE ROAD COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Rezone property from S2 Suburban Neighborhood 2 to C Commercial NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A part of the West Half of the Northwest Quarter of Section 22, Township 38, Range 2 East, bounded by a line running as follows: Beginning at the Southwest Corner of said Northwest Quarter of Section 22; thence running North on the West line of said Section 292.71 Feet;then East 955.68 Feet to the center line of Portage Road;thence Southeasterly with the centerline of Portage Road to the South line of said Quarter Section; thence West on said line 1066.56 Feet to the place of beginning. be and the same is hereby established as C Commercial SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(0(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon L. McBride, Council President South Bend Common Council Attest: Bianca L. Tirado, 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 2024, at o'clock . m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2024, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number: 025-1014-0221 and 025-1014-022101 Address: 3931 Portage Road and vacant lot adjacent to and west of 3931 Portage Road Owner: Salah M & Cynthia Hilal Legal Description: A part of the West Half of the Northwest Quarter of Section 22, Township 38, Range 2 East, bounded by a line running as follows: Beginning at the Southwest Corner of said Northwest Quarter of Section 22; thence running North on the West line of said Section 292.71 Feet;then East 955.68 Feet to the center line of Portage Road; thence Southeasterly with the centerline of Portage Road to the South line of said Quarter Section; thence West on said line 1066.56 Feet to the place of beginning. Project Summary The proposed rezoning would result in the both portions of the property being zoned the same in order to allow for a cohesive commercial development. Requested Action Application includes (check all that apply) Rezoning Current District: S2 Suburban Neighborhood 2 C Commercial Proposed District C Commercial Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: 1) The comprehensive Plan; 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction; and 5) Responsible development and growth. Subdivision — complete and attach subdivision application Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Contact information Property owner(s) of the petition site: Name: Salah Hilal Address: 52447 Portage Rd South Bend, IN 46628 Name: Cynthia Hilal Address: 52447 Portage Rd South Bend, IN 46628 Name: Address: Contact Person: Name: Danch, Harner &Associates; Attn: Angela Smith Address: 1643 Commerce Drive South Bend, IN 46628 Phone Number: 574-234-4003 asmith@danchharner.com E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: GROSS SQUARE FOOTAGE n.. SITE ACREAGE *6.08 AC GSF 150,236 GSF NSF 125,792 NSF PARKING CALCULATION: 3 PER EACH 10,000 SF 42 SPACES REQUIRED ZONE:C-COMMERCIAL PARTNERS FF.— ZONE:EXISTING RESIDENTIAL 2/ wit W Q Cr)C a i,ar•rl cry Is aOa 52 SUBURBAN 4rfl NEIGHBORHOOD, w ,.. w v w IOM b I W C( Q INDUSTRIAL 1 eI z 1 Vz CI q C COMMERCIAL F 0 1 1 Y.e O GRAPHIC SCriSSIZ ALE HE ET o w im im 2. NORTH w 1.1 fk\ i' f' s 0?LANc County-City Building City of South Bend 227 W Jefferson Blvd. 1400S South Bend,IN 46601 PLAN COMMISSION 574)235-7627 www.southbendin.gov/zoning STg8LISFED 200 February 20,2024 Filed in Clerk's Office FEB 2 0 2024 South Bend Common Council Bianca Tirado227W.Jefferson Blvd.,4th Floor City Clerk, South Bend, INSouthBend,IN 46601 Re: Bill#01-24-A proposed ordinance of HILAL SALAH M&CYNTHIA A to zone from S2 Suburban Neighborhood 2 to C Commercial,property located at 3931 PORTAGE RD and adjacent vacant lot to the West,City of South Bend-PC#0186-24 Dear Council Members: I hereby Certify that the above referenced ordinance of SALAH M&CYNTHIA A HILAL was legally advertised on February 9,2024,and that the South Bend Plan Commission at its public hearing on February 19,2024,took the following action: Upon a motion by Dr. Oliver Davis,being seconded by John Martinez and unanimously carried,a proposed ordinance of SALAH M&CYNTHIA A HILAL to zone from S2 Suburban Neighborhood 2 to C Commercial,property located at 3931 PORTAGE RD and adjacent vacant lot to the West,City of South Bend,is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached.The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, Kari Myers Zoning Specialist Attachment CC: SALAH M&CYNTHIA A HILAL Bob Palmer Tim Corcoran Scott Ford Planning Director Commission President Staff Report— PC#0186-24 January 16, 2024 Property Information Location: 3931 PORTAGE RD and adjacent vacant lot to the West Owner: SALAH M & CYNTHIA A HILAL Requested Action Rezone from S2 Suburban Neighborhood 2 to C Commercial Project Summary The proposed rezoning would result in both portions of the property being zoned the same in order to allow for a cohesive commercial development. Location Map x 07:_'',.,4,,,,`', A if ,k,• „.., k j" 1 y, r 1:q M. r L, iiiiiii 3, ._ r, jf M 1o\ , a,21 2 r 13p/jrI AH*1) IF oil, f,.....,„__H 4 . Funkµ-• Of @ Recommendation Staff Recommendation: Based on the information available prior to the public hearing, Staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report-PC#0186-24 1/16/2024 Proposed Site Plan I I I t I I l. I d i p i fyypp_ ny.. j IIT- 1 H Alia 1 1 SOUTH BEND STORAGE IF HAU S E R m rwr4wxovmrnam+rn WI PLAN SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report-PC#0186-24 1/16/2024 Site & Context Land Uses and Zoning: On site: On site is currently a vacant lot. North: To the north, is a single family home zoned S2 Suburban Neighborhood 2. East: To the east is a vacant lot in unincorporated St. Joseph County. South: To the south is a parking lot zoned C Commercial. West: To the west is a warehouse zoned I Industrial. 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 site plan submitted with the request shows two (2) large conditioned storage buildings on the south side of the property with four(4) smaller buildings (5,500 sqft- 7,500 sqft) located on the north portion of the property adjacent to S2 Suburban Neighborhood 2 zoned property also owned by the petitioner. Water detention will be located on the western portion of the site adjacent to I Industrial zoned properties. Zoning and Land Use History and Trends: The far northern portion of the City along Portage has been primarily commercial in nature and the development of the self storage facility would not be inconsistent with the area. The most recent commercial development in the immediate vicinity is a Take 5 Car Wash to the south and east of this site. Traffic and Transportation Considerations: Portage Avenue is a two lane street with no on-street parking. Agency Comments Agency Comments: There are no Engineering comments at this time. Engineering will fully review when the property is submitted for Commercial Plan Review. Staff Comments: Commercial activity on the lot may be beneficial to the surrounding area if developed in a manner compatible with the other commercial properties nearby. Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan (2006), Objective LU 2: Encourage a compatible mix of land uses in the community. Land Use Plan: The future land use plan identifies this area as commercial. Plan Implementation/Other Plans: SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report-PC#0186-24 1/16/2024 The petition with City Plan, South Bend Comprehensive Plan (2006), Objective LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. 2.Current Conditions and Character: The current character of the area is commercial to the south with the parcel to the north being the northern most portion of the City along Portage Avenue. 3.Most Desirable Use: The most desirable use of the property is one that allows for the development of commercial uses in a manner that is compatible with the existing commercial uses nearby. 4.Conservation of Property Values: With proper buffering and design, the proposed development should not have significant impact on surrounding property values. 5.Responsible Development and Growth: It is responsible development and growth to allow for the commercial development along a major thoroughfare. Analysis & Recommendation Commitments: There are no commitments at this time. Analysis: Rezoning the western lot adjacent to 3931 Portage Avenue will allow for cohesive site development along a major commercial corridor. The proposed projcet can serve to transition from the more intesne commetcial uses to the south to the residential areas to the north. The eastern portion of the property (3931 Portage Ave) is already zoned C Commercial. Recommendation: Based on the information available prior to the public hearing, Staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 4 of 4 A 40 PLAN c County-City Building c City of South Bend 227 W.Jefferson Blvd. 1400S South Bend, IN 46601 PLAN COMMISSION 574) 235-7627 w outfikiendin:govizoni.n. Es> gBt,sHo/019 Filed in Clerk's Office December 19, 2023 rJA >O2 Z024 DA e NM BANES . Honorable Committee Chair Hamann CITY CLERK,SOUTH BEND,IN 4th Floor, County-City Building ggi,CA.,--r(ya j South Bend, IN 46601 RE: 711 Leland Avenue— PC#0187-24 Dear Committee Chair Hamann: 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 January 8, 2024,Council meeting, and set it for public hearing at your January 22, 2024, Council meeting. The petition is tentatively scheduled for public hearing at the January 16, 2024, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Rezone property from U2 Urban Neighborhood 2 to OF Urban Flex If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran Angela Smith Scott Ford Planning Director Zoning Administrator Commission President BILL NO. 02-24 Filed in Clerk's Office BILL NO. 02-24 4N274 ORDINANCE NO. CITY CLE ,SOUTH B ND iH AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BE , INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 711 LELAND AVENUE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from U2 Urban Neighborhood 2 to UF Urban Flex NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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: LOT NUMBERED SIX (6) AS SHOWN ON THE RECORDED PLAT OF ST. JOSEPH COUNTY AGRICULTURAL SOCIETY'S ADDITION TO THE CITY OF SOUTH BEND, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 1 be and the same is hereby established as UF Urban Flex SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon L. McBride, Council President South Bend Common Council Attest: Bianca L. Tirado, 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 2024, at o'clock . m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2024, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number:018-1057-2416 Address:711 Leland Owner: Caspers-Shutts Family Trust Legal Description: LOT NUMBERED SIX(6)AS SHOWN ON THE RECORDED PLAT OF ST. JOSEPH COUNTY AGRICULTURAL SOCIETY'S ADDITION TOTHE CITY OF SOUTH BEND,AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 1. Project Summary The propose rezoning would allow for a non-residential ground-floor use with a residential dwelling unit above. The development would use the existing structure on site. Additional residential units may be added in an secondary structure at the rear of the property in compliance with the Ordinance. Requested Action Application includes (check all that apply) Rezoning Current District: U2 Urban Neighborhood 2 Additional Districts, if applicable Proposed District.OF Urban Flex Additional Districts, if applicable The Plan Commission and Council will consider the following in the review of a rezoning petition: 1) The comprehensive Plan; 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction;and 5) Responsible development and growth. Subdivision — complete and attach subdivision application Special Exception —complete and attach Criteria for Decision Making Use requested: Retail & Service and Restaurant Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Criteria for Decision Making Special Exception -if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: The proposed restaurant or retail space will meet all applicable building and fire safety codes. Therefore, it should not be detrimental to the public health, safety, or general welfare of the community. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: This home is located in a historic district, which protects the appearance and form of the structure. Allowing for a use that would compliment the neighborhood - like a small restaurant or retail place - should not adversely impact the use or value of the adjacent property. The outward appearance of the structure would be residential, and the use would be limited in scale by the nature and size of the structure. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: While not immediately fronting Portage Road, the unique street configuration in this area makes it feel like it is part of the Portage Road frontage. Across Leland Ave is the successful No. 6 Restaurant. The proposed use would compliment the No.6 Restaurant use and provide needed services to the neighborhood. The property would be developed in a mixed use format with a residential unit on the 2nd story of the existing structure, allowing for a more traditional neighborhood development pattern common in this area where a business owner could potentially live above their business. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed use is consistent with City Plan (2006), Objective LU2: Encourage a compatible mix of land uses in the community. More specifically, LU2.2 Pursue a mix of land uses along major corridors. This property is less than 75'from and highly visible to the Portage Road corridor. The only property between this and Portage Road is a small piece of a triangular lot occupied by a restaurant. As a mixed use building (with residential above), it would also comply with Objective H2, which speaks of both renovating and repairing older homes and maintaining housing stock. Contact information Property owner(s) of the petition site: Name: Casper-Shutts Family Trust Address: 1211 Campeau St South Bend, IN 46617 Name: Address: Name: Address: Contact Person: Name: Danch, Harner&Associates -Attn: Angela Smith Address: 1643 Commerce Drive South Bend, IN 46628 Phone Number: 574 234 4003 asmith@danchharner.com E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: 159.65'(M) 2 cc 5 bOacscs" so' m aoin0`'3' aE 24 159.72' iW , I i iCC O Q 33 14.0', . b ONCf3EfEj ao /// oo O CD ,' N 2 STORY/ ~J, o csD CO 46.1 /m EL CONC.•WALK1 . O 159.83'i. e Lo ' 1 o j Q z3 Q O h Qi O) cn c) n 4`. n 1E 5 s_ ;LcuL Heel N a3 160.30'(R) v o 0 V, r^)I h 1 h 0 0' 20 40 nh MI j Mitch, Hamer aAloactate , 1i Land Surveyors Professional Engineers 1LandscapeArchitects• Land Planners Office: (574)234-4003 / (800)594-4003 • Fax: (574)234-4119 1643 Commerce Drive • South Bend, IN 46628 021 0 Copyright 2023 Dcnch, Homer &Associates, Inc. v0PLANco 0 County-City Building C i ty of South Bend 227 W.Jefferson Blvd. 1400S South Bend,IN 46601 PLAN COMMISSION 574) 235 7627 www.southbendin.gov/zoningFSTA8LI5HE0107 Filed in Clerk's Offi February 20,2024 FEB 2 0 2024 South Bend Common Council 227 W.Jefferson Blvd.,4th Floor Bianca TiradoCityClerk, South Bend INce South Bend,IN 46601 Re:Bill#02-24-A proposed ordinance of CASPERS-SHUTTS FAMILY TRUST to zone from U2 Urban Neighborhood 2 to UF Urban Neighborhood Flex and seeking a Special Exception Use to allow Retail& Service and Restaurant,property located at 711 LELAND AVE,City of South Bend-PC#0187-24 Dear Council Members: I hereby Certify that the above referenced ordinance of CASPERS-SHUTTS FAMILY TRUST was legally advertised on February 9,2024,and that the South Bend Plan Commission at its public hearing on February 19,2024,took the following action: Upon a motion by Dr. Oliver Davis,being seconded by Rebecca Ward and unanimously carried,a proposed ordinance of CASPERS-SHUTTS FAMILY TRUST to zone from U2 Urban Neighborhood 2 to UF Urban Neighborhood Flex,property located at 711 LELAND AVE,City of South Bend,is sent to the Common Council with a FAVORABLE recommendation. Upon a motion by Dr. Oliver Davis,being seconded by Caitlin Stevens and unanimously carried,a Special Use for Retail& Service and Restaurant property located at 711 LELAND AVE,City of South Bend,is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached.The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, Kari Myers Zoning Specialist Attachment CC: CASPERS-SHUTTS FAMILY TRUST Bob Palmer Tim Corcoran Scott Ford Planning Director Commission President Staff Report— PC#0187-24 January 16, 2024 Property Information Location: 711 LELAND AVE Owner: CASPERS-SHUTTS FAMILY TRUST Requested Action Rezone from U2 Urban Neighborhood 2 to OF Urban Neighborhood Flex Special Exception: Retail & Service and Restaurant Project Summary The proposed rezoning would allow for a nonresidential ground-floor use with a residential dwelling unit above. The development would use the existing structure on site. Additional residential units may be added in a secondary structure at the rear of the property in compliance with the Ordinance. Location Map QM so() f b '*96 u Ui yLF ,MOO Q r.1 0,. z a3 y f ., 1. 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. The Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 1 of 5 5 4o Z a6ed NOISSIWWO3 NVld ON88 HIf OS moo to'owe wns • . a 1.rww03 f191 letN- scz(/[S)=/o! • toot-P6s(ooF) /foot-ta(,;) •-.uo 3(purr, •s;oo;yoty odoospu0ri s.r0s4U3 IDuoissoloJd • QJokinUns putty MI!'1' oc aZ .0 1 4 1 v I 11),0C'09 I g v o r k' 1 9'69l o 13 1.01 4:-7 r, i: r- O•r.i r w . r i L'64 t I -< I ;:i mores' 4 K ueld aps pasodoad 17Z0Z/9I l vz-L81.0#Dd-iodaN}leis Staff Report-PC#0187-24 1/16/2024 Site & Context Land Uses and Zoning: On site: A two-family residential dwelling. North: To the north, a small private neighborhood park on a platted lot zoned U2 Urban Neighborhood 2. East: To the east is a a restaurant (No. 6)zoned UF Urban Flex. South: To the south is a single unit dwelling zoned U2 Urban Neighborhood 2. West: To the west is a church (St. Paul Bethel Baptist Church)zoned U1 Urban Neighborhood 1. District Intent: The UF District is established to enhance and support a full range of housing types and small- scale commercial uses found outside neighborhood centers in core and outlying areas of the City. Site Plan Description: The site plan provided with the petition shows the existing building and concrete parking pad in the rear yard. Zoning and Land Use History and Trends: The section of Portage Avenue between Marion Street to the south and California Avenue to the north has seen an uptick in commercial development in the past several years. This includes the construction of a Burton's Laundry to the south and the redevelopment of Ward Bakery to the north. Traffic and Transportation Considerations: Leland Avenue is a residential brick surfaced street with on-street parking. Agency Comments Agency Comments: There are no agency comments at this time. Staff Comments: A small scale retail or restaurant use is not permitted in the U2 zoning district, but is consistent with other uses in the general vicinity. The location of this property adjacent to another UF use and in close proximity to Portage Avenue frontage make it a suitable location for the proposed zoning and use. Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with city's comprehensive plan, City Plan (2006) Objective ED2: Retain existing businesses and recruit new ones to the city. Allowing the rezoning of the site will allow for the development of a new business in the city. Land Use Plan: SOUTH BEND PLAN COMMISSION Page 3 of 5 Staff Report-PC#0187-24 1/16/2024 The future land use plan identifies this area as low density residential. With a residential unit located on the 2nd floor of the structure, it will continue its historic residential use. Plan Implementation/Other Plans: The petition is consistent with the Near Northwest Neighborhood Plan (2019)which encourages amenities that serve the neighborhood; increase housing choice; and encourage of mix of uses. The petition is also consistent with City Plan, South Bend Comprehensive Plan (2006), Objective LU2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. 2. Current Conditions and Character: The vast majority of the neighborhood was built prior to 1917. A mix of uses is appropriate in select locations including the corridors and new development should not detract from the character of the existing residential areas. 3. Most Desirable Use: The most desirable use, at this time, is to allow for small scale development as a retail or restaurant space with upper floor retail, which fits into the established character of the neighborhood. 4. Conservation of Property Values: The OF Urban Flex district was established to enhance and support a full range of housing types and small-scale commercial uses found outside neighborhood centers. The proposed rezoning will allow for the conservation of property values throughout the area by the development of amenities that serve the neighborhood. 5. Responsible Development and Growth: It is responsible development and growth to allow for small-scale commercial development that will not detract from the character of the existing residential areas. Special Exception The petitioner is seeking a Special Use to allow: Retail & Service and Restaurant A Special Use 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, comfort, community moral standards, convenience or general welfare as any proposed restaurant or retail space will meet all applicable building and fire safety codes. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use should not injure or adversely affect the use of the adjacent area or property values as the outward appearance of the structure would continue to be residential and the use would be limited in scale by the nature and size of the structure. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; While not immediately fronting Portage Avenue, the unique street configuration in this area makes it feel like it is part of the Portage Avenue frontage. The property would be developed in a mixed use format with a residential unit on the 2nd story of the existing structure, allowing for a SOUTH BEND PLAN COMMISSION Page 4 of 5 Staff Report-PC#0187-24 1/16/2024 more traditional neighborhood development pattern common in this area where a business owner could potentially live above their business. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with City Plan (2006), Objective LU2.2: Pursue a mix of land uses along major corridors. This property is less than 75' from and highly visible to the Portage Avenue corridor. As a mixed use building with residential above, it would also comply with Objective H2 which speaks of both renovating and repairing older homes and maintaining housing stock. Analysis & Recommendation Commitments: There are no commitments proposed at this time. Analysis: Rezoning the site to OF Urban Neighborhood Flex will allow for the continued use as a residential dwelling on the 2nd floor with a small scale retail and/or restaurant use on the first floor. 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. The Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 5 of 5 pLANCo47 County-City Building y 7s City of South Bend 227 W.Jefferson Blvd. 1400S T South Bend, 46601 PLAN COMMISSION IN46601 www.southbendin.gov/zoning l'1:18L SHED 2°3 December 19, 2023 Filed in Clerk's Office iIAN ° Honorable Committee Chair Hamann 4th Floor, County-City Building DAWN M.JONES South Bend, IN 46601 CITY CLERK,SOUTH BEND IN RE: 734 S.Walnut Street— PC#0185-24 Dear Committee Chair Hamann: 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 January 8, 2024, Council meeting, and set it for public hearing at your January 22, 2024,Council meeting. The petition is tentatively scheduled for public hearing at the January 16, 2024, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Rezone property from U1 Urban Neighborhood 1 to NC Neighborhood Center If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran Angela Smith Scott Ford Planning Director Zoning Administrator Commission President BILL NO. 03-24 Filed in Clerk's Office BILL NO. 03-24 A ORDINANCE NO.LN024ERK,SOUTH BEND,IN 4(4/WA' AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH B D, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 734 SOUTH WALNUT STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Rezone property from U1 Urban Neighborhood 1 to NC Neighborhood Center NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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: 40.887 FT SOUTH SIDE LOT 5 HONERS SUB OF BANK OUTLOT 101 COMMONLY KNOWN AS 734 SOUTH WALNUT STREET be and the same is hereby established as NC Neighborhood Center SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(0(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon L. McBride, Council President South Bend Common Council Attest: Bianca L. Tirado, 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 2024, at o'clock . m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2024, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - Cityof South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 PLAN COMMISSION RECEIVED DEC 1 2 2023 zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number 1830843394 Address:734 S Walnut St Owner: Rosa M Arevalo Legal Description: Vacant lot of land Project Summary The original structure was taken down and cement was put in place allowing 7 parking spaced to be created W v, ^e.6- s c-n b r s cr , r .J St- CAin c1 n o etn Sidee cF- Th-e c creme Requested Action Application includes (check all that apply) El Rezoning Current District: U1 Urban Neighborhood 1 Additional Districts, if applicablE Proposed District NC Neighborhood Center Additional Districts, if applicable The Plan Commission and Council will consider the following in the review of a rezoning petition: 1) The comprehensive Plan; 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction;and 5) Responsible development and growth. Subdivision —complete and attach subdivision application El Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents PAID Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee PerAdditionaldocumentsasnotedabove Contact information Property owner(s) of the petition site: Name: Rosa M Arevalo Address: 740 S Walnut St South Bend IN 46619 Name: Address: Name: Address: Contact Person: Name: Jennifer Arevalo Address: 740 S Walnut St South Bend IN 46t,19 Phone N irnbe. 574-387-0230 arevalo1223(s)gmail.com E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: so?LAN 41 County-City Building s, City of South Bend 227 W.Jefferson Blvd. 1400S South Bend,IN 46601 PLAN COMMISSION 574) 235-7627 www.southbendin.gov/zoning FSTABLISHEO l lo February 20,2024 Filed in Clerk's Office South Bend Common Council FEB 2 0 2024 227 W.Jefferson Blvd.,4'h Floor Bianca TiradoSouthBend,IN 46601 City Clerk, South Bond IN Re:Bill#03-24-A proposed ordinance of AREVALO GUADALUPE AND ROSA to zone from U1 Urban Neighborhood 1 to NC Neighborhood Center,property located at 734 WALNUT ST,City of South Bend-PC#0185-24 Dear Council Members: I hereby Certify that the above referenced ordinance of GUADALUPE AND ROSA AREVALO was legally advertised on February 9,2024,and that the South Bend Plan Commission at its public hearing on February 19,2024,took the following action: Upon a motion by Dr. Oliver Davis,being seconded by Francisco Fotia and unanimously carried,a proposed ordinance of GUADALUPE AND ROSA AREVALO to zone from UI Urban Neighborhood 1 to NC Neighborhood Center,property located at 734 WALNUT ST,City of South Bend,is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached.The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, irhLcJt c Kari Myers Zoning Specialist Attachment CC: GUADALUPE AND ROSA AREVALO Bob Palmer Jennifer Arevalo Tim Corcoran Scott Ford Planning Director Commission President Staff Report— PC#0185-24 January 16, 2024 Property Information Location: 734 WALNUT ST Owner: GUADALUPE AND ROSA AREVALO Requested Action Rezone from U1 Urban Neighborhood 1 to NC Neighborhood Center Project Summary Rezoning from U1 Urban Neighborhood 1 to NC Neighborhood Center to allow existing concrete parking pad with 7 spots. Location Map I 1411 a' 1 U 1 5 W I W POLAND 1 -.• l s I ligUI 0 tgta 1 w_f„, iJ U 1 7 „ L. L i ;l ,. V. gg 1 ,_ ,r, . ill 1 in z i N 1 U 1 1:.1,, N lillidiliM G Iit U W, ts..\— M DUIM ST MOO. U1 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. SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report-PC#0185-24 1/16/2024 Proposed Site Plan r-, Q aT yam ....,'4, 7 114 may 10 It 1 r 0 10 I + 1 Jt Li U._i 4. 1. 11'1 2.7, 11111 g i, ir% I pi, 1.,„t, SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report-PC#0185-24 1/16/2024 Site & Context Land Uses and Zoning: On site: A 60' x 20' concrete pad abutting an alley to the south on a parcel zoned U1 Urban Neighborhood 1 North: A residential unit zoned U1 Urban Neighborhood 1 East: Across an alley, a residential unit zoned U1 Urban Neighborhood 1 South: Across an alley, two commercial properties and one residential unit zoned NC Neighborhood Center West: Across S Walnut Street, residential units zoned U1 Urban Neighborhood 1 District Intent: The NC District is established to promote higher intensity, urban neighborhood centers, typically located near the intersection of major streets, in core and outlying areas of the City that are well connected to surrounding neighborhoods. Site Plan Description: The existing concrete pad will remain and will be brought up to City standards for a parking lot in an NC district, including a Type 1 buffer to the west and a Type 1 or Type 2 buffer to the north. Zoning and Land Use History and Trends: A house was located on this parcel in 1917. The house was demolished between 2015 and 2016 and the parking pad was built on the site between 2016 and 2017. Traffic and Transportation Considerations: To the west of the parcel, S Walnut Street is a 36' wide two lane street. 12' alleys run to the south and east of the parcel. Agency Comments Staff Comments: No additional comments at this time. Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with city's comprehensive plan, City Plan (2006) Objective LU 2: Encourage a compatible mix of land uses in the community. Rezoning the site will allow for a current business to expand service to the neighborhood. Land Use Plan: The Future Land Use Plan identifies this area for Medium Density Residential. Plan Implementation/Other Plans: There are no neighborhood specific plans for this area. 2. Current Conditions and Character: The existing neighborhood is a dense urban single-family neighborhood. Most of the homes in the neighborhood date from the early 1900s. Many small scale commercial buildings exist on corner lots which continue to serve the neighborhood. SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report-PC#0185-24 1/16/2024 3. Most Desirable Use: The most desirable use is one that promotes mixed use development to strengthen the neighborhood. 4. Conservation of Property Values: The use and value of the adjacent properties should not be negatively impacted. 5. Responsible Development and Growth: It is responsible development and growth to allow for commercial development on this parcel that supports the neighborhood. Analysis & Recommendation Commitments: There are no commitments at this time. Analysis: Rezoning to NC Neighborhood Center will allow this property to be fully utilized by the business to the south, which currently owns the parcel. Under common ownership and the same zoning, the parcel can support accessory uses to the business, expanding the capacity of a neighborhood scale business to serve the surrounding area. 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. SOUTH BEND PLAN COMMISSION Page 4 of 4 pPLANC0 County-City Building r= City of South Bend 227 W.Jefferson Blvd. 1400S z South Bend, IN 46601 PLAN COMMISSION 574) 235-7627 southbendin.gov/zoning F 48`ISHE°` p2° Filed in Clerk's Office December 19, 2023 JAN' r7 7 2024 DAWN M.,JONESHonorableCommitteeChairHamannCITYCLERK,SOUND,IN4thFloor, County-City Building South Bend, IN 46601 RE: 1610 and 1612 Hilde Court— PC#0188-24 Dear Committee Chair Hamann: 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 January 8, 2024, Council meeting, and set it for public hearing at your January 22, 2024,Council meeting. The petition is tentatively scheduled for public hearing at the January 16, 2024, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Rezone property from U1 Urban Neighborhood 1 to OF Urban Flex If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran Angela Smith Scott Ford Planning Director Zoning Administrator Commission President BILL NO. 04-24 Filed in Clerk's Office BILL NO. 04-24 ORDINANCE NO.DAVi ESLN0024LE , SOUTH END,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUT END, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1610 AND 1612 HILDE COURT COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Rezone properties from U1 Urban Neighborhood 1 to OF Urban Flex NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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 OF GROUND IN THE NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING A PART OF LOT "A" OF THE PLAT OF "KLINE'S ADDITION TO THE CITY OF SOUTH BEND" AS RECORDED BY DOCUMENT NUMBER 1901003 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 2 OF THE PLAT OF "WEINLIN ADDITION" AS RECORDED BY DOCUMENT NUMBER 9033840 IN THE RECORDS OF SAID RECORDER'S OFFICE:THENCE ALONG THE SOUTH LINE OF SAID LOT FOR THE NEXT TWO (2) COURSES: SOUTH 88°38'52" EAST, A DISTANCE OF 37.00 FEET MORE OR LESS AND SOUTH 78°31'37" EAST, A DISTANCE OF 40.82 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID LOT AND A POINT OF THE EAST LINE OF LOT A" OF THE PLAT OF "KLINE'S ADDITION TO THE CITY OF SOUTH BEND"; THENCE ALONG THE EAST LINE OF SAID LOT, SOUTH 00°00'00" EAST, A DISTANCE OF 106.00 FEET MORE OR LESS; THENCE NORTH 90°00'00" WEST, A DISTANCE OF 77.00 FEET MORE OR LESS TO THE EAST RIGHT-OF-WAY LINE OF HILDE COURT; THENCE NORTH 00°00'00" WEST ALONG SAID EAST LINE,A DISTANCE OF 117. 00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.20 ACRES MORE OR LESS. Attest: Bianca L. Tirado, 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 2024, at o'clock . m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2024, at o'clock m. James Mueller,Mayor City of South Bend, Indiana 2 - City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number018-7073-2695 and 018-7073-2696 Address: 1610 and 1612 Hilde Owner: Theresa Lightner Legal Description: A PARCEL OF GROUND IN THE NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING A PART OF LOT"A"OF THE PLAT OF"KLINE'S ADDITION TO THE CITY OF SOUTH BEND" AS RECORDED BY DOCUMENT NUMBER 1901003 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT#2 OF THE PLAT OF"WEINLIN ADDITION"AS RECORDED BY DOCUMENT© Project Summary The proposed rezoning is to legalize a parking lot that was installed in 2008. Requested Action Application includes (check all that apply) Rezoning Current District: U1 Urban Neighborhood 1 Additional Districts, if applicablE Proposed District OF Urban Flex Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: 1) The comprehensive Plan; 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction; and 5) Responsible development and growth. Variance(s) requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making 1) From the required streetscape trees on Hilde to none 2) From the minimum parking setback of 5' the corner facade and 5' from the side lot line to 2' behind the corner facade on the west and 0' on the south. 3) From the required Type 1 parking area screening on the west and south to a 6' solid fence 4) From the 3' maximum height for a solid fence in the established corner yard to 6'. Required Documents RCompleted Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Contact information Property owner(s) of the petition site: Name: Theresa Lightner Address: 524 W LaSalle Mishawaka, IN 46545 Name: Address: Name: Address: Contact Person: Name: Danch, Harner& Associates, Attn: Angela Smith Address: 1643 Commerce Drive South Bend, IN 46628 Phone Number: 574 234 4003 asmith@danchharner.com E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: Criteria for Decision Making Variance(s) -if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1)The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: Hilde Court is a narrow 20' right-of-way that dead ends into the railroad tracks. The road appears and functions more like an alley than a street, so approving variances to allow for it to be treated as such would not be injurious to the health, safety, or 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, because: Granting the variances will actually allow for improved screening for the few houses that exist on the block. If the variances are denied and the 6' screening fence has to be removed and replaced by 2' tall shrubs, the use and value of adjacent properties will be negatively impacted. 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: The Ordinance is intended to improve buffering along public streets. Although Hilde Court is technically a street, the width and improvements of the right-of- way function more as an alley that warrants the treatment as such. The southern portion of the parking lot existed in its current configuration since before 1985. The northern portion was redone with the assistance of a contractor and in a way to match the existing parking area. The fence was legally installed in compliance with the Ordinance and should be allowed to continue as a legal non-conforming structure. While saw cutting the parking lot would not be difficult, the underlying base and oils from the asphalt will make planting in this area extremely difficult, thus making the exercise pointless. Strict application will require a 6' fence be removed and replaced with 2' tall shrubs, which will ultimately provide less screening to the adjoining neighbors. 4)The variance granted is the minimum necessary, because: The variance requested is the minimum necessary to support maintaining the property in the same way it has existed for more than 15 years. Financial institutions are unwilling to lend on the property since the parking lot portion of the lot is still zoned residential, which is the basis for the request. The property is maintained in good condition. The variances will allow for the reuse of the building in a way consistent with the intent of the Ordinance. 5)The variance does not correct a hardship caused by a former or current owner of the property, because: The layout and condition of Hilde Court is not caused by the current or former owner. The property has clear frontage and interaction with Lincoln Way East. The fact that Hilde is technically a street, even though it functions as an alley, created an undue hardship on the property owner which was not created through any of their actions. 1.- Lill Coln Way East I 7 r - _____ I I 1 I 1 c L) b II 7 Q) 1 O h h 5.00' Existing Fence 77' t IC 0 0' 20 40 mmi Dahch, Haffner drAoociatea Inc. Land Surveyors Professional Engineersx/}Landscape Architects• Land Planners Office: (574)234-4003 / (800)594—:003 Fax: (574)234- 41191643CommerceDriveSouthBend, IN 46628 p Copyright 2023 Danch, Hamer& Associates, Inc. PLAN eO4f County-City Building C it y of South Bend 227 W.Jefferson Blvd. 1400S z South Bend,IN 46601 PLAN COMMISSION 574) 235-7627 www.southbendin.gov/zoning FSTABLISHEO T February 20,2024 Filed in Clerk's Office FEB 2 0 2024 South Bend Common Council Bianca Tirado 227 W.Jefferson Blvd.,4th Floor City Clerk, South Bend, IN South Bend,IN 46601 Re: Bill#04-24-A proposed ordinance of THERESA LIGHTNER to zone from UI Urban Neighborhood 1 to UF Urban Neighborhood Flex,property located at 1610 and 1612 HILDE CT,City of South Bend- PC#0188-24 Dear Council Members: I hereby Certify that the above referenced ordinance of THERESA LIGHTNER was legally advertised on February 9,2024,and that the South Bend Plan Commission at its public hearing on February 19,2024, took the following action: Upon a motion by Dr. Oliver Davis,being seconded by Caitlin Stevens and unanimously carried,a proposed ordinance of THERESA LIGHTNER to zone from U1 Urban Neighborhood 1 to UF Urban Neighborhood Flex,property located at 1610 and 1612 HILDE CT,City of South Bend,is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached.The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, Kari Myers Zoning Specialist Attachment CC: THERESA LIGHTNER Bob Palmer Tim Corcoran Scott Ford Planning Director Commission President Staff Report— PC#0188-24 January 16, 2024 Property Information Location:1610 and 1612 HILDE CT Owner: THERESA LIGHTNER Requested Action Rezone from U1 Urban Neighborhood 1 to UF Urban Neighborhood Flex Project Summary Rezoning from U1 Urban Neighborhood 1 to UF Urban Neighborhood Flex to legalize an existing parking lot. Location Map 0 wis Ll*, perNIll VIA F B r U. 1\\\\,\ OF i Cam, Nbj 1 VA 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. SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report-PC#0188-24 1/16/2024 Proposed Site Plan LlnCO J Wa TiaSt Ftv L) h o 0 I I— 5.00' l l i5ting Fence 77' L 0' 20 40 DIa cliManner&Aseoctatea, Mc. Land Surveyors • Professional Engineers Landscape Architects Land Planners Olf es (574)234-4003/(900)594-4003 • For.(574)234-4119 1643 Conn enn Drive • South Bend, IN 46628 O Conni4Sl-SD77-Dace.Wm..B Assoclik. uti SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report-PC#0188-24 1/16/2024 Site & Context Land Uses and Zoning: On site: A parking lot zoned U1 Urban Neighborhood 1 North: A commercial building zoned UF Urban Neighborhood Flex East: A parking lot connected with a commercial property to the north and a vacant grass parcel zoned UF Urban Neighborhood Flex South: A residential unit zoned U1 Urban Neighborhood 1 West: Across Hilde Court, residential units zoned U1 Urban Neighborhood 1 District Intent: The UF District is established to enhance and support a full range of housing types and small- scale commercial uses found outside neighborhood centers in core and outlying areas of the City. Site Plan Description: The proposed site plan would keep the parking lot as is, including the wooden fence on the west and south edges of the lot. Zoning and Land Use History and Trends: A building can be found on 1610 Hilde Court as early as 1945, and a parking lot appears on 1612 Hilde Court by 1986. In 2008, the building on 1610 Hilde Court was demolished and replaced with a parking lot that linked to the southern parking lot. Traffic and Transportation Considerations: To the west of the parcel, Hilde Court is a street roughly 15'wide. Agency Comments Staff Comments: No additional comments at this time. Criteria for Decision Making Rezoning Per State Law,the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan (2006), Objective LU 2: Encourage a compatible mix of land uses in the community. Land Use Plan: The Future Land Use Plan identifies this area for Mixed Use. Plan Implementation/Other Plans: There are no neighborhood specific plans for this area. 2. Current Conditions and Character: The site is located one parcel south of Lincoln Way East and one parcel west of Twyckenham Drive. This portion of Lincoln Way East is a mixture of residential structures and a wide variety of non-residential uses. SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report-PC#0188-24 1/16/2024 3. Most Desirable Use: The most desirable use is one that promotes mixed use development to strengthen the neighborhood. 4. Conservation of Property Values: The use and value of the adjacent properties should not be negatively impacted. The rezoning would legalize the existing parking lot and bring it up to current City standards. 5. Responsible Development and Growth: It is responsible development and growth to legalize the existing parking lot and bring it up to City standards, allowing for e m mercial development on this parcel that supports the neighborhood. Analysis & Recommendation Commitments: There are no commitments at this time. Analysis: Rezoning to OF Urban Neighborhood Flex will legalize the existing parking lot and link it to the business to the north, which currently owns the parcel. Under common ownership and the same zoning, the parcel can support accessory uses to the business, expanding the capacity of a neighborhood scale business to serve the surrounding area. 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. SOUTH BEND PLAN COMMISSION Page 4 of 4 BILL NO. 10-24 BILL NO. 12-24 BILL NO. 13-24 BILL NO. 14-24 BILL NO 15-24 BILL NO. 16-24