HomeMy WebLinkAbout02.19.2024 PC Meeting MinutesCity of South Bend
PLAN COMMISSION
MINUTES
February 19, 2024
4:00 p.m.
MEMBERS PRESENT:
Rebecca Ward
Francisco Fotia
John Martinez
Dr. Oliver Davis
Jason Piontek
Caitlin Stevens
PUBLIC HEARING - 4:00 P.M.
County -City Building
227 W. Jefferson Blvd. 1400S
South Bend, IN 46601
(574) 235-7627
www.southbendin.gov/zoning
Council Chambers, 4th Floor
County -City Building, South Bend, IN
MEMBERS ABSENT:
Kara Boyles
Scott Ford
Select President Pro Temp for the meeting
ALSO PRESENT:
Michael Divita
Kari Myers
Amani Morrell
Kate Bolze
Tom Panowicz
(Audio Position: 03: 07)
Upon a motion by John Martinez, being seconded by Dr. Oliver Davis and
unanimously carried, Jason Piontek is selected President Pro Temp for today's
meeting as the President and Vice President of the Plan Commission are not in
attendance.
A. REZONINGS:
1. 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. (Audio Position: 04:21)
STAFF REPORT
The staff report was presented by Amam Morrell.
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.
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.
PETITIONER
Rosa Arevalo, 740 Walnut St, South Bend, IN appeared virtually to present.
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SOUTH BEND PLAN COMMISSION
INTERESTED PARTIES
There was no one from the public to speak.
PUBLIC COMMENT
There was no one from the public to speak.
ACTION
After due consideration, the following action was taken:
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 U1 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.
2. 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.
(Audio Position: 10:16)
STAFF REPORT
The staff report was presented by Kari Myers.
Analysis: Rezoning the western lot adjacent to 3931 Portage Avenue will allow for
cohesive site development along a major commercial corridor. The eastern
portion of the property (3931 Portage Ave) is already zoned C Commercial.
Portage Avenue has a history of commercial development especially north of
Cleveland Road.
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.
PETITIONER
Angela Smith, with Danch, Hamer & Associates, 1643 Commerce Dr, South Bend,
IN appeared in person on behalf of the petitioner to present.
INTERESTED PARTIES
There was no one from the public to speak.
PUBLIC COMMENT
Alison Mynsberge, 2633 Arrowhead Dr, South Bend, IN appeared virtually and spoke
in opposition to the petition.
REBUTTAL
Angela Smith, with Danch, Hamer & Associates, provided rebuttal comments.
ACTION
After due consideration, the following action was taken:
February 19, 2024 Page 2 of 6
SOUTH BEND PLAN COMMISSION
Upon a motion by Dr. Oliver Davis, being seconded by John Martinez and
unanimously carried, a proposed ordinance of SALAH M & CYNTHIAA 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.
3. A combined public hearing on a proposed ordinance of CASPERS-SHUTTS
FAMILY TRUST to zone from U2 Urban Neighborhood 2 to OF Urban
Neighborhood Flex and seeking a Special Exception to allow Retail & Service and
Restaurant, property located at 711 LELAND AVE, City of South Bend - PC# 0187-
24.
STAFF REPORT
(Audio Position: 19: 35)
The staff report was presented by Kari Myers.
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.
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.
PF.TTTIONF.R
Angela Smith, with Danch, Hamer & Associates, 1643 Commerce Dr, South Bend,
IN appeared in person on behalf of the petitioner to present.
INTERESTED PARTIES
Madeline Kasper, 720 Portage Ave, South Bend, IN appeared in person and spoke in
favor, with reservations, of the petition.
REBUTTAL
Angela Smith, with Danch, Hamer & Associates, provided rebuttal comments.
PUBLIC COMMENT
There was no one from the public to speak.
ACTION
After due consideration, the following action was taken:
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 OF Urban Neighborhood
Flex, property located at 711 LELAND AVE, City of South Bend, is sent to the
Common Council with a FAVORABLE recommendation.
February 19, 2024 Page 3 of 6
SOUTH BEND PLAN COMMISSION
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.
4. A combined public hearing on a proposed ordinance of LIGHTNER THERESA to
zone from U1 Urban Neighborhood 1 to OF Urban Neighborhood Flex and seeking
the following variance(s): 1) from the required 3 streetscape trees on Hilde to none;
2) from the minimum parking setback of 5' behind 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 61, property located at 1610 and 1612 HILDE CT, City of South Bend - PC#
0188-24. (Audio Position: 32:46)
STAFF REPORT
The staff report was presented by Amani Morrell.
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. While the rezoning legalizes parking lots
that have existed for 40 years and 15 years respectively, the lots should be brought
up to current City standards. Appropriate buffering, street trees, and fencing do
not restrict the use of the parking lot and mitigate potential negative impacts of
legalizing parking lots along a residential road.
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
Plan Commission deny Variances #1, #2, #3, and #4 as presented.
PF.TTTIONF.R
Angela Smith, with Danch, Harper & Associates, 1643 Commerce Dr, South Bend,
IN appeared in person on behalf of the petitioner to present.
INTERESTED PARTIES
Toni Coop, 1614 Hilde Ct, South Bend, IN submitted a letter in support of the
petition.
PUBLIC COMMENT
There was no one from the public to speak.
ACTION
After due consideration, the following action was taken:
February 19, 2024 Page 4 of 6
SOUTH BEND PLAN COMMISSION
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 OF 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.
Upon a motion by Dr. Oliver Davis, being seconded by Francisco Fotia and
carried, the variance(s) 1) from the required 3 streetscape trees on Hilde to none;
2) from the minimum parking setback of 5' behind 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 I parking area screening on the west and south to a 6' solid
fence and 4) from the 3' maximum height for a solid fence in the established
corner yard to 6' property located at 1610 and 1612 HILDE CT, City of South
Bend, were approved as presented subject to the fence becoming a legal, non-
conforming structure that would need to be brought into conformance if removed
and replaced.
B. MAJOR SUBDIVISIONS - None for consideration
C. TEXT AMENDMENTS - None for consideration
D. DEVELOPMENT PLANS - None for consideration
ITEMS NOT RE UIRING A PUBLIC HEARING
A. MINOR SUBDIVISIONS:
1. FIVE CORNERS II — REPLAT MINOR SUBDIVISION — PC# 0192-24
(Audio Position: 1: 09:36)
STAFF REPORT
The staff report was presented by Kari Myers.
Staff Recommendation: The Staff has reviewed this subdivision and finds it complies
with the requirements for Approval as specified by the South Bend Subdivision
Control Ordinance. The Staff therefore recommends that this subdivision be
granted Approval.
ACTION
After due consideration, the following action was taken:
Upon a motion by Francisco Fotia, being seconded by Dr. Oliver Davis and
unanimously carried, the Plan Commission finds the evidence adduced at this
Plan Commission Hearing supports each element of the Staff Report, and FIVE
CORNERS II — REPLAT MINOR SUBDIVISION therefore complies with the
City of South Bend Subdivision Control Ordinance and is granted Primary
Approval.
February 19, 2024 Page 5 of 6
SOUTH BEND PLAN COMMISSION
B. FINDINGS OF FACT —December 18, 2023 (Audio Position: 1:11: 09)
Upon a motion by Dr. Oliver Davis, being seconded by Rebecca Ward and
unanimously carried, the findings of fact from the December 18, 2023 Plan
Commission meeting were approved.
C. MINUTES — February 5, 2024 - SPECIAL Meeting (Audio Position: 1:11:35)
Upon a motion by Dr. Oliver Davis, being seconded by Francisco Fotia and
unanimously carried, the minutes from the December 18, 2023 Plan Commission
meeting were approved.
D. UPDATES FROM STAFF
E. ADJOURNMENT — 5:12 PM
Scott Ford,
President
+)L (I_,__
Tim Corcroan,
Interim Secretary of the Commission
February 19, 2024 Page 6 of 6