HomeMy WebLinkAbout44-24 Annexing and Amending the Zoning Ordinance for Property Located at 25471, 25481, and 25491 Cleveland Road10,0 PLAN C-0
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��o City of South Bend
PLAN COMMISSION
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August 20, 2024
Honorable Committee Chair Dr. Oliver Davis
4th Floor, County -City Building
South Bend, IN 46601
RE: 2S471, 2S481, 2S491 Cleveland Rd — PC#0224-24
Dear Committee Chair Dr. Davis:
County -City Building
227 W. Jefferson Blvd. 1400S
South Bend, IN 46601
(574) 235-7627
www.southbendin.gov/zoning
Filed in Clerk's Office
A l �j 2 1 2024
Bianca Tirado
City Clerk, South Bend, IN
Enclosed is an Ordinance for the proposed Annexation and Zone Map Amendment at the above
referenced location. Please include the attached Ordinance on the Council agenda for first
reading at your August 26, 2024, Council meeting and set it for second reading on October 28,
2024, and third reading on November 12, 2024, Council meetings. The petition is tentatively
scheduled for public hearing at the September 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:
Petitioners desire to annex and rezone 25471, 25481 and 25491 Cleve/and Road from R Single
Family District in Unincorporated St. Joseph County to IIndustrial
If you have any questions, please feel free to contact our office.
Sincerely,
/!a/« /ktfuLs.
Kari Myers
Zoning Specialist
CC: Bob Palmer
Tim Corcoran N Tim Corcoran — Scott Ford
Planning Director Interim Zoning Administrator Commission President
Filed in Clerk's Office
BILL NO.44-24 2;,,.
ORDINANCE NO. Bianca Tirado
City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH
BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 25471, 25481, AND 25491 CLEVELAND ROAD, COUNCILMANIC
DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to annex and rezone 25471, 25481, and 25491 Cleveland Road from
R Single Family District in Unincorporated St. Joseph County to I Industrial in the City
of South Bend
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. That the following described real estate is situated in St. Joseph County,
Indiana, being contiguous by more than one -eighth (1 /8) of its aggregate external boundaries with
the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and
brought within the City of South Bend:
THAT PART OF THE SOUTH HALF OF SECTION 24 AND THE NORTH HALF OF
SECTION 25, BOTH IN TOWNSHIP 38 NORTH, RANGE 1 EAST, WARREN TOWNSHIP,
ST. JOSEPH COUNTY, INDIANA, WHICH IS MORE PARTICULARLY DESCRIBED AS:
NORTHWEST CORNER OF A PARCEL OF GROUND DESCRIBED IN DEED DOCUMENT
NUMBER 9349703 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA
RECORDER'S OFFICE; THENCE EAST (ALL BEARINGS ASSUMED) ALONG THE
NORTH LINE OF SAID PARCEL AND THE EXISTING CITY OF SOUTH BEND
MUNICIPAL CORPORATE LIMIT LINE, A DISTANCE OF 706.79 FEET MORE OR LESS
TO THE NORTHEAST CORNER OF A PARCEL OF GROUND DESCRIBED IN SAID DEED
DOCUMENT; THENCE SOUTH ALONG THE EAST LINE OF SAID PARCEL AND ITS
SOUTHERLY EXTENSION, A DISTANCE OF 1356.5 FEET MORE OR LESS TO A POINT
ON THE SOUTH RIGHT-OF-WAY LINE OF CLEVELAND ROAD; THENCE WEST ALONG
SAID SOUTH LINE, A DISTANCE OF 727.2 FEET MORE OR LESS TO THE
INTERSECTION OF THE SOUTH LINE OF SAID CLEVELAND ROAD WITH THE WEST
RIGHT-OF-WAY LINE OF POPPY ROAD; THENCE NORTH, A DISTANCE OF 80 FEET
MORE OR LESS TO THE NORTH RIGHT-OF-WAY LINE OF SAID CLEVELAND ROAD;
THENCE EAST ALONG SAID NORTH LINE, A DISTANCE OF 40 FEET MORE OR LESS,
TO A POINT ON THE WEST LINE OF SAID PARCEL; THENCE NORTH ALONG THE
WEST LINE OF SAID PARCEL, A DISTANCE OF 1297 FEET MORE OR LESS TO THE
POINT OF BEGINNING. CONTAINING 21.83 ACRES MORE OR LESS. SUBJECT TO ALL
LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are
hereby declared to be extended so as to include the real estate of the above -described parcel as part
of the City of South bend, Indiana.
SECTION III. 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 above described real estate, with the exception of all adjacent
rights -of -way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is
hereby established as I Industrial District.
SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its
passage by the Common Council, approval by the Mayor, and legal publication.
Sharon McBride, Council President
South Bend Common Council
Attest:
Bianca 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.
.in.
Bianca Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2024, at o'clock
James Mueller, Mayor
-2-
City of South Bend, Indiana
-3-
City of South Bend
Petition for Annexation and Rezoning
yis or Combined Public Hearing
Tax Key Number: 021, 1036--0590, 021-1036-059003, 021-1036-059005, 021-1036-059006
Property Address: 25471, 25481, and 25491 Cleveland,
Property Owner: John Joseph Sims; Heirs of Leo Sims, Pasqua DiPinta Sims, and Pasqua Sims - Mary Ann Montgomery, Teress Ferency, Rosemary Hoffman, Johanna Rymer
Legal Description of Annexation Area: (include any adjacent rights of way not already in the City)
THAT PART OF THE SOUTH HALF OF SECTION 24 AND THE NORTH HALF OF SECTION 25, BOTH IN
TOWNSHIP 38 NORTH, RANGE 1 EAST, WARREN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS
MORE PARTICULARLY DESCRIBED AS: NORTHWEST CORNER OF A PARCEL OF GROUND DESCRIBED IN
DEED DOCUMENT NUMBER 9349703 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S
OFFICE, THENCE EAST (ALL BEARINGS ASSUMED) ALONG THE NORTH LINE OF SAID PARCEL AND THE ^ 0
The petitioner seeks to rezone the property to allow for the offices of HRP Construction, a sewer,
watermain and treatment facilities contractor for municipal, commercial, and industrial customers in
northern Indiana.
County Zoning Map at: https://www.sjcindiana.com/gg6/Zoning-Map
Current Zoning District (County): R Single Family District
Proposed Zoning District (City): I Industrial
City Zoning Map at: https://southbendin.ciov/zoning
Select One
Additional Districts, if applicable
Select One
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
❑✓ Variance(s) - list variances below, complete and attach Criteria for Decision Making
1) From the required hard surface for outdoor storage to aggregate
2) From the required Type 3 Buffer to existing vegetation on the East and a 6' - 8' earthen berm plus
existing vegetation on the West.
Page 1 of 2
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:
The proposed variances would not be injurious to the public health, safety, or
general welfare of the community. The requested variances allow for the
retention of mature trees, which are better for the environment and general
welfare of the community. The proposed aggregate area is relatively small and
setback a significant distance from the road.
(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:
The use and value of adjacent property should not be adversely affected. The
proposed use is essentially an office. The proposed landscaping variance will
ultimately exceed that of what is required by the Ordinance. The location of the
outdoor storage area with aggregate surface is on the east side of the property
away from any residential uses.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property, because:
Strict application of the Ordinance would require removing existing mature trees
in order to replace them with evergreen trees starting at 6' in height. It would
also require the pavement of the entire outdoor storage area, which would
increase the impervious surface, which is ultimately detrimental to the
environment and would increase required area on site be devoted to drainage.
(4) The variance granted is the minimum necessary, because:
The proposed variances are the minimum necessary to ensure a well buffered
area adjacent to a low -intensity use. The proposed development would still
included hard surfaced parking and drives. The area proposed for aggregate is
where the large equipment would be stored. Because of the type of equipment
being stored, frequent resurfacing would be needed.
(5) The variance does not correct a hardship caused by a former or current owner of
the property, because:
The proposed development is trying to retain as much of a the natural landscape
as possible. The Ordinance does not anticipate this type of office (a suburban
style office with an area for parking equipment), which is not a result of an action
by the owner or petitioner. The variances requests are specific to this user, but
with the intention of preserving as much mature vegetation as possible and
minimizing paving on the site.
Property owner(s) of the petition site:
Name: John Joseph Sims
Address: 51109 Broken Wood Ct,
Granger, IN 46530
Name: Heirs and/or Devisees of Leo A. Sims and Pasqua Di Pinto Sims,deceased
Address: 25471 and 25491 Cleveland Rd., South Bend, IN 46628
Name: MaryAnnMontgomery, Teresa Ferency,RosemaryHoffman,Johanna Rhymer
Address: 25471 and 25491 Cleveland Rd.
South Bend, IN 46628
Contact Person:
Name: Danch, Harper & Associates; Attn: Angela Smith
Address: 1643 Commerce Drive
South Bend, IN 46628 -
Phone Number: 574-234-4003
E-mail: asmith@danchharner.com
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:
X J
Proparly ownor(s) of tho potltlon situ;
NAVIM: John Joseph Sims
Address: 51109 Broken Wood Ct,
Granger, IN 46530
Name: Flairs and/or DeyIsees of Leo A. Sims and Pasqua Di Pinto Sims,decoased
Address, 25471 and 25491 Cleveland Rd,, South Bend, IN 46628
ROM
Property O.""nor(s) of the Petition site:
Njom
Add,Tss 51109 broken 4101d Ct
;i 67'-5 3 0
Granger, �IN
Njams . Heirs anWor Dev'secs of Leo A Sims ard Pasqua Di Pinto Sinis,deceased
Address 255171 and 25-191 CIOVefarld Rd , 50LA11, Bend, IN 46628
Address: 25-171 arid 25491 Cleveland Rd.
SGUth Berd, 1,14 46628
Contact Person:
N'a n i e: Ranch, Hamer & Associalt',,S' Mtn: Angola Smith
Address: 1643 Commerce Dive
South Bend, N� 466-28
Fho;ie Ntirnber-, 574-234-4CO3
asr"ith','ZI'da F, Chhaimie r.com
E-m.M.- —
By signing this petition, the petitio
neriProperty Ownars of tars above described Real
Estate acknowledge they are responsible for understanding and complying ith the
,
South Bend Zoning Ordinance and and other Ordinance goveming the p,,,w
rty. A Failure Of staff to notify the petitioner of a requirement cioc-s not Imply approval or,'M
waiver from anything contained within the Ordinance,
The undersigned authorizes the contact pers " on I I Isted above to represent this petition
before the South Bond Plan Commission and Common Council and to answer any and
all questions related to this petition,
P,^OPertY Oviner (s) Signatures:
�X A
rroparty ow»or(s) of the petition site;
AOdre65. 51 f
13t"nn Woad Q.
G'a'_►9er. IN 46s3A
w: Wts "d/dr �'vis�'�s of Leo A. Sims and Pasqua Di Pinto S+ms,deceas®d
Address 25a r t s.. - _ _
• "IV Clancit, Ftarnor 8 Aasocia
Address 1643 Comrno
rcerve
nNO
South Bed,r,,
'hone Number: 574-234-463
E-mail, as Iidanchhamer.com
By signlnq this petition, the potitioneripro 0 Estate acknowledge they are responsible or understanding andComplyingOwners of the above ddescribed Real
South Bond Zoning Ordinance and any other ordinance p with the
allure of staff to notify the petitioner of a requirement does not Imply
rope a► or
Waiver from anything contained within the ordinance. p y
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 am
all questions rolatod to this petition.
Property Owner (s) Signatures:
Contact information
Property owner(s) of the petition site:
Name: John Joseph Sims
Address: 51109 Broken Wood Ct.
Granger, IN 46530
Name: Heirs and/or Devisees of Leo A. Sims and Pasqua Di Pinto Sims,deceased
Address: 25471 and 25491 Cleveland Rd., South Bend, IN 46628
Name: MaryAnnMontgomery, Teresa Ferency,RosemaryHoffman,Johanna Rhymer
Address: 25471 and 25491 Cleveland Rd.
South Bend, IN 46628
Contact Person:
Name: Danch, Harner & Associates; Attn: Angela Smith
Address: 1643 Commerce Drive
South Bend, IN 46628
Phone Number: 574-234-4003
E-mail: asmith@danchharner.com
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:
%� Teresa Ferency 08/16/2024
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ULUMIL 1001$01# NO N. M10ist1ho, SQSk4M 20'1#
ALTA COMMITMENT FOR TITLE INSURANCE
issued by: Commitment Number:
0 Fidelity National Title 792400195
Insurance Company Revision 1
NOTICE
IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY
THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION,
ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY,
AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT.
THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY
OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions,
Fidelity National Title Insurance Company, a Florida corporation (the "Company"), commits to issue the Policy according to
the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in
Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured_
If all of the Schedule B, Part I -Requirements have not been met within one hundred eighty (180) days after the
Commitment Date, this Commitment terminates and the Company's liability and obligation end.
Countersigned By:
Edward W. Hardig, Jr.
Authorized Officer or Agent
Issued Date: July 3, 2024
Fidelity National Title Insurance Company
By:
Michael J. Nolan, President
Attest:
Marjorie Nemzura, Secretary
This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Fidelity National Title Insurance Company, This Commitment is not valid without
the Notice; the Commitment to issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; Schedule 8, Part It -Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. AME-
LAND TITLE
The use of this Form (or any derivative thereof) Is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Ccmmdment for Title Insurance (07/01/2021) Panted: 08,15.24 06:55 AM
Page 1 IN-FT-FXHR-01040.995079-SPS-1-24-792400195
COMMITMENT NO. 792400195
FIDELITY NATIONAL TITLE INSURANCE COMPANY REVISION 1
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment
Condition 5.e.:
ISSUING OFFICE:
FOR SETTLEMENT INQUIRIES, CONTACT:
Fidelity National Title Company, LLC
Fidelity National Title Company, LLC
401 W. High Street
401 W. High Street
Elkhart, IN 46516
Elkhart, 1N 46516
Main Phone: (574)293-2341
Main Phone: (574)293-2341 Main Fax: (574)674-7231
Order Number: 792400195
Property Address: 25471 Cleveland Road, South Bend, IN 46628
25491 W. Cleveland Rd., South Bend, IN 46628
Cleveland Rd, South Bend, IN 46628
25471 Cleveland Road, South Bend, IN 46628
SCHEDULE A
1. Commitment Date: June 22, 2024 at 08:00 AM
2. Policy to be issued:
(a) ALTA Owners Policy 2021
Proposed Insured: Blueprint, LLC or its assigns
Proposed Amount of Insurance: $875,000.00
The estate or interest to be insured: Fee Simple
(b) ALTA Loan Policy 2021
Proposed Insured: Lender with contractual obligations under a loan agreement with the
proposed insured owner identified in Item 2 above
Proposed Amount of Insurance: $100,000.00
The estate or interest to be insured: Fee Simple
3. The estate or interest in the Land at the Commitment Date is:
Fee Simple
4. The Title is, at the Commitment Date, vested In:
Heirs and/or Devisees of Pasqua Di Pinto Sims aka Pasqua Sims, deceased, as to Parcels 1 and 4
Heirs and/or Devisees of Leo A. Sims, deceased, Heirs and/or Devisees of Pasqua Di Pinto Sims, deceased,
Mary Ann Montgomery, Teresa Ferency, Rosemary Hoffman and Johanna Rhymer, joint tenants, full rights of
survivorship, as to Parcel 2
John Joseph Sims, as to Parcel 3
5. The Land is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
END OF SCHEDULE A
This page is only a part of a 2021 ALTAO Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association, All rights reserved, nMEaccnN
LANU Tl7LE
ASAOCfATION
The use of this Form {or any derivative thereof} is restricted to ALTA licensees and ALTA members in good standing as
cf the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (07101/2021) Printed: 08.15.24 Q 06:66 AM
Page 2 IN-FT-FXHR-01040.995079-SPS-1-24-792400195
PLAN C0�
City of South Bend
PLAN COMMISSION
ESTABLISHED 101�
September 17, 2024
South Bend Common Council
227 W. Jefferson Blvd., 4" Floor
South Bend, IN 46601
County -City Building
227 W. Jefferson Blvd. 1400S
South Bend, IN 46601
(574) 235-7627
www.southbendin.gov/zoning
Filed in Clerk's Office
Bianca Tirado
City Clerk, South Bend, IN
Re: Bill 944-24 - A proposed ordinance of SIMS LEO A & PASQUA DIPINTO & HOFFMAN
ROSEMARY & MONTGOMERY MARY ANN & RHYMER JOHANNA & FERENCY TERESA JT
W/ROS and JOHN JOSEPH SIMS to zone from R Single Family District (St. Joseph County) to I
Industrial, property located at 25491 CLEVELAND RD and 25471 CLEVELAND RD and 25481
CLEVELAND RD, City of South Bend - PC# 0224-24
Dear Council Members:
I hereby Certify that the above referenced ordinance of SIMS LEO A & PASQUA DIPINTO &
HOFFMAN ROSEMARY & MONTGOMERY MARY ANN & RHYMER JOHANNA & FERENCY
TERESA JT W/ROS and JOHN JOSEPH SIMS was legally advertised on September 6, 2024, and that
the South Bend Plan Commission at its public hearing on September 16, 2024, took the following action:
Upon a motion by Francisco Fotia, being seconded by Jason Piontek and unanimously carried, a
proposed ordinance of SIMS LEO A & PASQUA DIPINTO & HOFFMAN ROSEMARY &
MONTGOMERY MARY ANN & RHYMER JOHANNA & FERENCY TERESA JT W/ROS and
JOHN JOSEPH SIMS to zone from R Single Family District (St. Joseph County) to I Industrial,
property located at 25491 CLEVELAND RD and 25471 CLEVELAND RD and 25481
CLEVELAND RD, 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,
/�� /ktpc�
Kari Myers
Zoning Specialist
Attachment
CC: SIMS LEO A & PASQUA DIPINTO & HOFFMAN ROSEMARY & MONTGOMERY MARY
ANN & RHYMER JOHANNA & FERENCY TERESA JT W/ROS, JOHN JOSEPH SIMS
Tim Corcoran Tim Corcoran Scott Ford
Planning Director Interim Zoning Administrator Commission President
Property Information
Location: 25491, 25471, 25471 and 25481 CLEVELAND RD
Owner: SIMS LEO A & PASQUA DIPINTO & HOFFMAN ROSEMARY & MONTGOMERY MARY
ANN & RHYMER JOHANNA & FERENCY TERESA JT W/ROS and JOHN JOSEPH SIMS
Requested Action
Rezone from R Single Family District (St. Joseph County) to I Industrial
Variance(s):
1) from required hard surface for outdoor storage to aggregate
2) from the required Type 3 buffer to existing vegetation on the East and a 6' - 8' earthen berm
plus existing vegetation on the West
Project Summary
Development of land into an office and small warehouse with outdoor storage of service equipment.
THIS REQUEST INCLUDES ANNEXATION INTO THE CITY OF SOUTH BEND.
Location Map
Recommendation
Staff Recommendation: Based on information available prior to the public hearing, Staff
recommends the Commission send the rezoning and annexation petition to the Common Council
with a favorable recommendation. Staff recommends the Commission approve the variances as
presented subject to a written commitment to maintain a 100' natural area along the west property
line.
SOUTH BEND PLAN COMMISSION Page 1 of 5
Staff Report -PC#0224-24
Proposed Site Plan
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Staff Report-PC#0224-24
9/16/2024
Land Uses and Zoning:
On site: The site currently holds a house, garage, barn, and large farm field bordered by
vegetation, and is zoned R Single Family District in St. Joseph County
North: A warehouse zoned I Industrial
East: A 100' strip of mature vegetation zoned R Single Family Residential in St. Joseph
County and, further east, a vacant lot and manufacturing plant zoned I Industrial in St.
Joseph County.
South: Across Old Cleveland Road, residential units zoned R Single Family Residential in St.
Joseph County
West: A residential neighborhood zoned R Single Family Residential in St. Joseph County
District Intent:
The I District is established to provide a location for medium- to high intensity industrial uses,
typically grouped along highways and major streets and separated from residential uses.
Site Plan Description:
The proposed development will consist of an 8000 square foot office on the western portion of
the lot, a 15,000 square foot warehouse/shop and outdoor storage of large equipment on the
eastern potion of the lot, and the preservation of an existing barn on the southern end of the
parcel.
Zoning and Land Use History and Trends:
The surrounding area was largely farmland until the late 1990s, when the subdivision to the west
of the site began to develop. Between 2000 and 2010 several new industrial buildings were
constructed to the north and east of the site, with a final industrial site to the east of the parcel
constructed between 2016 and 2017.
Traffic and Transportation Considerations:
Old Cleveland Road is a two lane, 20' wide road.
Agency Comments: There are no agency comments at this time.
Staff Comments: There are no staff comments at this time.
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 the City Plan, South Bend Comprehensive Plan (2006), Objective
ED2: Retain existing businesses and recruit new ones to the city.
Land Use Plan:
The Future Land Use Plan does not address properties outside of the City limits.
Plan Implementation/Other Plans:
The petition is consistent with South Bend's Annexation Policy Plan (1992) "[E]xtension of City
services and utilities beyond the City limits should not occur unless it furthers the annexation
policies of the City..."
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2. Current Conditions and Character:
Currently the character of the properties located within the City to the north are industrial uses
and the properties located in the County are residential to the south and west and industrial to
the east.
3. Most Desirable Use:
The most desirable land use would be one which supports the ongoing development in the area
in a manner compatible with the surrounding context.
4. Conservation of Property Values:
The properties in the area a mix of residential and industrial uses. The annexation and rezoning
should not affect the use or value of the surrounding properties, as long as an appropriate buffer
is preserved between the industrial property and residential properties to the west, preserving the
existing mature vegetation.
5. Responsible Development and Growth:
It is responsible development and growth to require properties contiguous to the City limits to
annex into the City and the time of development. Likewise, it is responsible development to allow
property in an industrially developing area to be used for industrial growth at a scale that is
compatible with the adjacent residential properties.
Variance(s)
The petitioner is seeking the following variance(s):
1) from required hard surface for outdoor storage to aggregate
2) from the required Type 3 buffer to existing vegetation on the East and a 6' - 8' earthen berm
plus existing vegetation on the West
State statutes and the Zoning Ordinance require that certain standards must be met before a
variance can be approved. The standards and their justifications are as follows:
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community.
The approval of outdoor storage on aggregate should not be injurious to the general welfare of
the community. The aggregate surfaced storage area will be a considerable distance from the
right of way and buffered from any privately owned adjacent property, limiting any adverse
affects of the use or value of the adjacent properties. A variance from the required type 3 buffer
to the existing vegetation on the east and the existing vegetation plus an earthen berm on the
west would not be injurious to the general welfare of the community. The use of existing mature
vegetation to buffer the property from surrounding incompatible uses would meet the intent of the
ordinance.
(2) The use and value of the area adjacent to the property included in the variance will not
be affected in a substantially adverse manner.
The use and value of adjacent properties should not be adversely impacted by the proposed
variances. The aggregate surfaced storage area will be a considerable distance from the right of
way and buffered from any privately owned adjacent property, limiting any adverse affects of the
use or value of the adjacent properties. The use of the existing mature vegetation to the east,
and the mature vegetation with an added earthen berm to the west will provide appropriately
buffering.
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(3) The strict application of the terms of this Chapter would result in practical difficulties
in the use of the property.
The strict application of the terms of this Chapter would require the developer to create a large
paved surface that would likely be damaged by the equipment stored in the area. The negative
impact of that large of a impervious surface would far outweigh the potential benefit of strict
compliance with the ordinance. A strict application of the ordinance calling for use of a type 3
buffer would require the developer to remove existing mature vegetation at the property line and
replace it with a 6' evergreen trees.
(4) The variance granted is the minimum necessary.
The variances granted are the minimum necessary. Allowing an aggregate surfaced storage
area set back over 300' from the right of way and buffered from adjacent properties outweighs
the potential benefits of an impervious surfaced storage area. Utilizing the existing vegetation on
the east property line and the existing vegetation, plus an earthen berm, on the west property
line, meets the intent of the ordinance by providing appropriate buffering between adjacent uses.
Alternative to the earthen berm, a written commitment to maintain a 100, natural area along the
western border would also ensure appropriate buffering and the preservation of the existing
mature vegetation, meeting the intent of the ordinance.
(5) The variance granted does not correct a hardship caused by a former or current owner
of the property.
The storage of heavy equipment on an aggregate surface over 300' from the right of way meets
the intent of the ordinance, and the large size of the lot allows for appropriate buffering and
space in all directions to minimize potential adverse affects on adjacent properties. The
existence of mature vegetation on the borders of the lot create the hardship that installing a type
3 buffer would cause a reduction in the current vegetation.
Commitments: Maintaining a 100' natural area along the west property line.
Analysis: The annexation and rezoning of the property to I Industrial will allow for the development of
the site as an office and small scale warehouse/storage that contributes to the industrial
development in the area while preserving mature vegetation. It is responsible development to
assure that properties adjacent to the City limits are annexed and developed under City
standards. Allowing an aggregate surfaced storage area set back over 300' from the right of way
and buffered from adjacent properties outweighs the potential benefits of an impervious surfaced
storage area. Utilizing the existing vegetation on the east property line and the existing
vegetation, plus a 100' natural area, on the west property line, meets the intent of the ordinance
by providing appropriate buffering between adjacent uses.
Recommendation: Based on information available prior to the public hearing, the Staff recommends
the Commission send the rezoning and annexation petition to the Common Council with a
favorable recommendation. The Staff recommends the Commission approve the variances as
presented subject to a written commitment to maintain a 100' natural area along the west
property line.
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