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Home My WebLink About09-23-2024 Zoning & Annexation Committee Meeting Minutes O�SpUTH BFI�I � =1 x z 1865 OFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK ZONING&ANNEXATION SEPTEMBER 23, 2024 5:25 P.M. Committee Members Present: Karen White, Ophelia Gooden-Rodgers, Stacey Odom, Sheila Niezgodski Committee Members Absent: Dr. Oliver Davis, Jorden Giger Others Present: Bianca L. Tirado, Matthew Neal, Samuel Turck, Bob Palmer, Canneth Lee, Sherry Bolden-Simpson, Troy Warner, Rachel Tomas Morgan Presenter(s): Skip Morrell, Angela Smith, Tim Corcoran, Jenna Throw Agenda: Bill No. 41-24 — Amending Zoning Ordinance for Property Located at 734 Notre Dame Avenue Bill No. 42-24 — Amending Zoning Ordinance for Property Located at 829 South 27th Street Bill No. 43-24 — Amending Zoning Ordinance for Property Located at 5614 Main Street Members marked with an asterisk (*) are in virtual attendance. Please note the attached link for the meeting recording: https://docs.southbendin.Eov/WebLink/0/edoc/385749/09-23-2024%2OCouncil%2OCommittees.mp4 Committee Vice Chair Ophelia Gooden-Rodgers called to order the Zoning & Annexation Committee meeting at 5:25 p.m. Bill No. 41-24 — Amending Zoning Ordinance for Property Located at 734 Notre Dame Avenue INTEGRITY I SERVICE I ACCESSIBILITY Ehvet Quijada-Navarro Matthew Neal Samuel Turc•k CHIEF DEPL-N CPT'CLERK DEPITY/DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1 227 W.Jefferson Blvd.I South Bend,Indiana 46601 1 p.574.235.92211 f.574.235.9173 1 www.southbendin.gov • CITY OF SOUTH BEND OFFICE OF THE CLERK Skip Morrell, Principal Development Planner with offices on the 10 floor of the County-City Building,presented Bill No. 41-24.The owner is Shamrock Reailty Group LLC. This Bill requests an upzoning from Urban Neighborhood One (U I) to Urban Neighborhood Three (U3). The lot is currently vacant. The new development will include four (4) condo-style units. The Planning Commission's favorable recommendation is subject to a written commitment stating that the building will not exceed three (3) stories except for rooftop amenities. Angela Smith, Senior Staff Planner at Danch Harper Associates LLC., 1643 Commerce Drive, South Bend, IN 46628, spoke on behalf of the petitioners. The project aims to increase the neighborhood's density. Committee Vice Chair Gooden-Rodgers held the public hearing, and nobody spoke. Councilmember Rachel Tomas Morgan asked what is the targeted buyer for these units. Angela Smith stated that market-rate condos and similar condos in the area sell for four hundred and fifty thousand dollars ($450,000)to seven hundred and fifty thousand dollars($750,000). Committee Member Sheila Niezgodski motioned to send Bill No. 41-24 to the Committee of the Whole with a favorable recommendation, which was seconded by Committee Member White and carried via a vote by voice. Bill No. 42-24—Amending Zoning Ordinance for Property Located at 829 South 27th Street Skip Morrell, Principal Development Planner with offices on the 141h floor of the County-City Building, presented Bill No. 43-24. The owner is Two Brothers Real Estate Investments LP. The requested action is a rezoning from Urban Neighborhood One (U 1) to Urban Neighborhood Two (U2), legalizing an existing triplex. The home was initially constructed in 1922, and City records show it was a single-family home until 1960. It is unclear when the house was converted to a triplex and whether it was done legally. The Planning Commission's favorable recommendation is subject to a written commitment stating that the house has a zoning complaint open front porch to fit the neighborhood's character. Committee Member White asked if the petitioner accepted the frontage condition. Skip Morrell stated that the petitioner did not accept the condition. Councilmember Tomas Morgan asked if the petitioner will not update the home's frontage and, if so, whether the home will be upzoned. Skip Morrell stated that the petitioner is given six(6)months to one(1)year to update the property to meet zoning requirements. If the zoning requirements are unmet, the owner cannot receive a certificate of occupancy or other legal documents for this property. Tim Corcoran, Director of City Planning, with offices on the 14th floor of the County-City Building, stated in the Zoning Ordinance update in 2020 allowed for upzoning to enable the need to build duplexes, triplexes, and fourplexes but did not allow for the conversation of homes to those types of structures. When homes are converted to serve more than single families, it is often not done with thoughtful designing, so the City wanted to ensure that single-family homes would EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p.574.235.9221 f.574.235.9173 www.southbendin.gov ® CITY OF SOUTH BEND OFFICE OF THE CLERK stay single-family homes. It is unclear when the house was converted to a triplex and whether it was done legally. The open porch would allow the house to blend into the neighborhood, considering it is higher density than most surrounding properties. Committee Member Tomas Morgan stated that if the zoning requirements are not met,the rezoning will not go through, and the property will remain U 1. Tim Corcoran stated that the City is working with the owner to come to an equitable solution, but ultimately, it is up to the owner to decide whether to be in complaint or not. The Common Council can approve the upzoning without the frontage condition if that is their pleasure. Citizen Member Stacey Odom asked if the owner wanted the home to be a triplex. Tim Corcoran stated that the owner wants the triplex; they do not want to convert the enclosed porch into an open front porch. Stephen Fryer, 13 Wersch Lane,Nepean ON K2J 5E4, owns the triplex and stated it was already a triplex when he purchased the home. Stephen Fryer brought this property to the City to ensure it complied with zoning ordinances. Section Eight (8) will be accepted to rent at this property. The owner would like to install a stoop on the south side of the home rather than opening the enclosed porch on the street facing the east side of the house. The proposal of building a stoop was rejected at the Planning Commission's meeting. Skip Morrell stated that it accurately portrays the events leading to this presentation. Councilmember Lee asked why the petitioner was opposed to opening the front porch. Stephen Fryer stated they had spent over fifty thousand dollars ($50,000), making the house habitable and in reasonable condition. Stephen Fryer estimated that opening the front porch would cost another ten thousand dollars ($10,000)to fifteen thousand dollars ($15,000). Committee Vice Chair Gooden-Rodgers held the public hearing, and nobody spoke. Committee Member White stated that the petitioner and the City should meet and find a mutual agreement before this Bill moves forward. Committee Vice Chair Good-Rodgers stated agreement with Committee Member White. Committee Member Niezgodski asked if the enclosed porch was open in the past. Skip Morrell stated yes. Committee Member Sheila Niezgodski motioned to table Bill No. 42-24 until October 14`", 2024, which was seconded by Committee Member White and carried by a vote of four(4) ayes and two (2) Committee Members absent. Committee Chair Dr. Oliver Davis -Absent Committee Vice Chair Ophelia Gooden Rodgers—Aye Committee Member Sheila Niezgodski -Aye Committee Member Karen White-Aye Citizen Member Stacy Odom-Aye Citizen Member Jordan Giger-Absent EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p.574.235.9221 f.574.235.9173 www.southbendin.gov • CITY OF SOUTH BEND OFFICE OF THE CLERK Bill No. 43-24—Amending Zoning Ordinance for Property Located at 5614 Main Street Skip Morrell, Principal Development Planner with offices on the 141h floor of the County-City Building,presented Bill No. 43-24.The owner is Twisted Metal Atlanta LLC.The requested action is a rezoning from Suburban One (S 1) to Suburban Two (S2), legalizing an existing triplex. The parcel was annexed into the City in 1998 as part of a two hundred and thirty (230)acre annexation along US-31 South. It is unclear when the home was converted to a triplex and whether it was done legally. Eric Halverson,Owner of Twisted Metal Atlanta LLC., 13860 Hopewell Road, Milton, GA 30004, spoke in support of Bill No. 43-24. Eric Halverson bought the house after it was converted into a triplex. Committee Member Niezgodski asked if two (2)homes were on the property. Skip Morrell stated that there is only one (1) house on the property, and the abutting property is a single-family home. Committee Member Niezgodski asked if the petitioner owns both of the properties. Eric Halverson stated that Twisted Metal Atlanta LLC. only owns one (1) property in the City. Councilmember Tomas Morgan asked if a home would go on the market as a triplex and if that was a legal advertisement. Skip Morrell stated that it is not an accurate advertisement. Councilmember Tomas Morgan stated that this is an issue the City needs to resolve. Jenna Throw, City Attorney with offices on the 12th floor of the County-City Building, stated that improper zonings are often discovered following a sale. Most of the time, this is a private dispute between the person advertising the property and the person purchasing it. Tim Corcoran stated that the purchaser has to do due diligence on the property,and the City cannot monitor every housing sale. Committee Vice Chair Gooden-Rodgers held the public hearing, and nobody spoke. Committee Member Sheila Niezgodski motioned to send Bill No. 43-24 to the Committee of the Whole with a favorable recommendation, which was seconded by Committee Member White and carried via a vote by voice. With no further business, Committee Vice Chair Gooden-Rodgers adjourned the Zoning & Annexation meeting at 6:03 p.m. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Blvd, South Bend,Indiana 46601 p.574.235.9221 f.574.235.9173 www.southbendin.gov ® CITY OF SOUTH BEND OFFICE OF THE CLERK Respectfully Submitted, ODrr avis, Committee Chair NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other S—iees may be Available upon Request AN.Charge PI—give Reaxmable Advance Request when Possible EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p.574.235.9221 f.574.235.9173 www.southbendin.gov