HomeMy WebLinkAbout06-15-20 PC Agenda PacketTim Corcoran
Planning Director
South Bend Plan Commission
Daniel Brewer
Commission President
| southbendin.gov/zoning
Angela Smith
Zoning Administrator
| 574-235-9451 | zoning@southbendin.gov
County-City Building
227 W. Jefferson Blvd. 1400S
South Bend, IN 46601
(574) 235-7627
www.southbendin.gov/zoning
City of South Bend
PLAN COMMISSION
AGENDA
Monday, June 15, 2020 - 4:00 P.M.
County-City Building
Fourth-Floor Council Chambers
PUBLIC HEARING:
A. REZONINGS – 4:00 PM
1) Location: 514 FRANCES ST PC#0007-20
Petitioner: LORI HISCOCK
Requested Action:
Rezoning: From U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2
2) Location: 128 LAUREL ST, 132 LAUREL ST, 134 LAUREL ST , 136 LAUREL ST ,
915 THOMAS ST, 125 LAUREL ST, 129 LAUREL ST, 133 LAUREL ST, 205
LAUREL ST and 207 LAUREL ST PC#0012-20
Petitioner: NORTHERN INDIANA HISTORICAL SOCIETY INC
Requested Action:
Rezoning: From U1 Urban Neighborhood 1 to NC Neighborhood Center
Variance(s): 1) From the required maximum 12' front setback to 70' ; 2) From the
required 60% ground floor transparency to 0%; 3) To allow a Detached House
Building Type in the NC District
3) Location: 310 WALTER ST PC#0015-20
Petitioner: DEBBIE S SPETH
Requested Action:
Rezoning: From S1 Suburban Neighborhood 1 to C Commercial
B. MAJOR SUBDIVISIONS – 4:30 PM
1) Name: PORTAGE PRAIRIE BUSINESS PARK PC#0008-20
Location: North side of Adams Rd. along Dylan Dr.
2) Name: FREDRICKSON COMMONS PC#0011-20
Location: South of Fredrickson Park and North of Howard Street
3) Name: EDDY COMMONS PHASE III MAJOR SUBDIVISION PC#0014-20
Location: the southwest corner of State Road 23 and Howard Street
C. TEXT AMENDMENTS – 5:00 PM
1) Requested Action: PC#0009-20
A proposed ordinance of South Bend Plan Commission, amending Chapter 21 of the
South Bend Municipal Code to correct typographical errors in various Articles and to
add clarifying language and tables.
Tim Corcoran
Planning Director
South Bend Plan Commission
Daniel Brewer
Commission President
| southbendin.gov/zoning
Angela Smith
Zoning Administrator
| 574-235-9451 | zoning@southbendin.gov
County-City Building
227 W. Jefferson Blvd. 1400S
South Bend, IN 46601
(574) 235-7627
www.southbendin.gov/zoning
City of South Bend
PLAN COMMISSION
D.DEVELOPMENT PLANS – 5:15 PM
1)Requested Action: PC#0016-20 A
proposed resolution of the South Bend Plan Commission approving a development
plan titled Miami Hills Small Area Plan - Tabled to July 20, 2020
ITEMS NOT REQUIRING A PUBLIC HEARING:
A.MINOR SUBDIVISIONS – 5:30 PM
1)Name: LATHROP STREET AND OLD CLEVELAND ROAD MINOR
SUBDIVISION PC#0010-20
Location: North and East of the South Bend Airport
2)Name: SAMPLE AND LAFAYETTE MINOR SUBDIVISION PC#0013-20
Location: Southwest corner of Sample Street and Lafayette Boulevard
B.FINDINGS OF FACT
C.UPDATES FROM STAFF
D.MINUTES
E.ADJOURNMENT
SOUTH BEND PLAN COMMISSION Page 1 of 4
Staff Report – PC#0007-20 June 15, 2020
Property Information
Location: 514 FRANCES ST
Owner: LORI HISCOCK
Requested Action
Rezone from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2
Project Summary
The petitioner requests a rezoning to the U2 district to allow for the construction of a carriage house on
the property and other uses, as allowed, in a manner that will fit within the neighborhood.
Location Map
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.
Staff Report -PC#0007-20 6/15/2020
SOUTH BEND PLAN COMMISSION Page 2 of 4
Proposed Site Plan
Staff Report -PC#0007-20 6/15/2020
SOUTH BEND PLAN COMMISSION Page 3 of 4
Land Uses and Zoning:
On site: On the site is a single family home.
North: To the north is a single family home zoned U1 Urban Neighborhood 1.
East: To the east is a vacant lot zoned U1 Urban Neighborhood 1.
South: To the south is a single family home zoned U1 Urban Neighborhood 1.
West: To the west is a single family home zoned U1 Urban Neighborhood 1.
District Intent:
The U2 District is established to provide for, promote, and maintain the development of diverse
housing types in urban neighborhoods located near neighborhood centers in core and outlying
areas of the City.
Site Plan Description:
The site plan as submitted shows the construction of a detached "tiny house" to the south of the
current house and a "Garage Carriage House" to the east of the current house. The house to
south will require a subdivision prior to design and installation. The carriage house will be
designed to meet the current development standards of the district.
Zoning and Land Use History and Trends:
The surrounding properties have seen a marked changed in the past 15 years from single family
homes and light industrial uses to primarily dense single family and townhomes with the
construction of housing on the old TRANSPO Depot site just across the street from this parcel.
In 2015 and 2016, two large parcels on the west side of Frances were rezoned to MF1 to allow
for townhomes. In 2019, several lots on the west side of Frances received a Special Exception
for duplexes.
Traffic and Transportation Considerations:
Frances Street is two lanes with on-street parking. The property is bordered to the south by an
alley as well as an alley to the east.
Agency Comments:
There were no Engineering comments at this time.
Staff Comments:
Zoning of properties to U2 Urban Neighborhood 2 allows for the creation of more diverse and
affordable housing types. These housing types blend well with the character and scale of
existing urban neighborhoods. With its location in a walkable neighborhood that is close to
downtown, amenities, and transit, and that already has a wide variety of housing types, this
property is well suited for U2 zoning.
Per State Law, the Plan Commission and Common Council shall pay reasonable regard to:
1. Comprehensive Plan:
Policy Plan:
The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006), Objective
H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and
financial capabilities of households now and in the future.
Agency Comments
Criteria for Decision Making
Rezoning
Site & Context
Staff Report -PC#0007-20 6/15/2020
SOUTH BEND PLAN COMMISSION Page 4 of 4
Land Use Plan:
The Future Land Use Plan identifies this area for Medium Density Residential.
Plan Implementation/Other Plans:
The petition is consistent with The Howard Park Neighborhood Plan (2012), which encourages
an increase of residential opportunities in the neighborhood, specifically "Preferred Direction #4
Promote the continuation of historic density, street patterns and open space. "
2. Current Conditions and Character:
The neighborhood is currently evolving to a medium density residential area with a mix of dense
single family homes, duplexes, and townhouses.
3. Most Desirable Use:
The most desirable use, at this time, is medium density residential, that will fit the established
character of the neighborhood.
4. Conservation of Property Values:
Allowing this property to add units should help continue the residential growth in a reasonable
manner while providing diverse housing options in a desirable neighborhood.
5. Responsible Development and Growth:
It is responsible development and growth to allow for a variety of housing options within this
urban neighborhood.
Commitments: There are no commitments proposed at this time.
Analysis: Rezoning the site to U2 Urban Neighborhood 2 will allow for continued residential growth in
the neighborhood while not drastically changing the established character.
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.
Analysis & Recommendation
SOUTH BEND PLAN COMMISSION Page 1 of 5
Staff Report – PC#0012-20 June 15, 2020
Property Information
Location: 128 LAUREL ST, 132 LAUREL ST, 134 LAUREL ST , 136 LAUREL ST , 915 THOMAS
ST, 125 LAUREL ST, 129 LAUREL ST, 133 LAUREL ST, 205 LAUREL ST and 207 LAUREL ST
Owner: NORTHERN INDIANA HISTORICAL SOCIETY INC
Requested Action
Rezone from U1 Urban Neighborhood 1 to NC Neighborhood Center
Variance(s): 1) From the required maximum 12' front setback to 70'; 2) From the required 60% ground
floor transparency to 0%; 3) To allow a Detached House Building Type in the NC District
Project Summary
To bring the NIHS-owned campus parcels into the same zoning classification for potential outdoor
interpretation uses or campus expansion. Current intentions are to relocate the Pierre Navarre Cabin to
a parcel block for historic interpretation programming, which will require variances noted below.
Location Map
Recommendation
Staff Recommendation: Based on information available to the public hearing, the staff
recommends the Commission forward the petition to the Common Council with a favorable
recommendation for the parcels on the east side of Laurel Street and unfavorable for those on the
west, subject to a written commitment limiting the use of the property to uses commonly
associated with a museum.
The staff recommends the Commission approve the variances, subject to variance 1 and 2 only
applying to the development of the parcels east of Laurel Street.
Staff Report -PC#0012-20 6/15/2020
SOUTH BEND PLAN COMMISSION Page 2 of 5
Proposed Site Plan
Staff Report -PC#0012-20 6/15/2020
SOUTH BEND PLAN COMMISSION Page 3 of 5
Land Uses and Zoning:
On site: On site are vacant lots.
North: To the north are single family homes zoned U1 Urban Neighborhood.
East: To the east is the Center of History Museum Campus
South: To the south are single family homes zoned U1 Urban Neighborhood.
West: To the west are single family homes zoned U1 Urban Neighborhood.
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 site plan shows outdoor interpretation and programming areas for The History Museum. The
proposed relocated Pierre Navarre Cabin is shown on the east side of east side of Laurel.
Zoning and Land Use History and Trends:
This area has historically be comprised of single-family with incremental development of the
museum over time.
Traffic and Transportation Considerations:
Laurel Street has 2 lanes with on street parking.
Agency Comments:
There are no engineering comments at this time. Any improvements to the site will be reviewed
under Commercial Plan Review.
Staff Comments:
While NC Neighborhood Center is the appropriate zoning designation for the museum, the full list
of uses otherwise permitted in that district may not be appropriate for the area. Continuing to
develop the museum campus on the east side of Laurel is a logical development pattern, but
staff has concerns about continuing that across Laurel Street to the west. These properties
would be attractive for residential development and could help prevent the ongoing loss of
homes in the area. Rezoning the properties at this time is premature and would allow for
programming, activities, and development in an area that would impede the use and enjoyment
of the residential properties west of Laurel.
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
UD 1.2 Promote landscaped spaces of various types and sizes for social interaction throughout
the community.
Land Use Plan:
The future land use plan identifies this area as
Plan Implementation/Other Plans:
There are no specialized plans for this area.
Agency Comments
Criteria for Decision Making
Rezoning
Site & Context
Staff Report -PC#0012-20 6/15/2020
SOUTH BEND PLAN COMMISSION Page 4 of 5
2. Current Conditions and Character:
The current character of the area is primarily residential with the museum activities being focuses
on the interior of the block.
3. Most Desirable Use:
The most desirable use for the property is one that supports the efforts of the History Museum
while protecting and preserving the residential character of the area.
4. Conservation of Property Values:
With proper limitations, the development of the properties on the east should not impact the use
or value of the properties in the area.
5. Responsible Development and Growth:
It is responsible development and growth to allow for the development of activities associated
with the History Museum in a controlled and incremental way.
Variance(s)
The petitioner is seeking the following variance(s):
1) From the required maximum 12' front setback to 70'
2) From the required 60% ground floor transparency to 0%
3) To allow a Detached House Building Type in the NC District
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.
Approval of the variances to allow the placement of a historic structure on the site should not
impact the public 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.
With proper limitations and because The History Museum owns the majority of the property
surrounding the parcels on the east, the use and value of the properties should not be impacted.
The use and value of the properties adjacent to the parcels west of Laurel Street may be
significantly impacted if the museum continues to develop and expand into that area.
(3) The strict application of the terms of this Chapter would result in practical difficulties
in the use of the property.
Due to the civic nature of the property and proposed use of the structure on the lot, strict
application of the Ordinance would prevent the placement of the historic Pierre Navarre Cabin in
a location and manner that would provide for programming related to the use, as well as the
ability to incrementally develop the property over time.
(4) The variance granted is the minimum necessary.
The variance is the minimum necessary to allow for the placement of a historic building in a safe
location, with supporting activities being developed over time.
(5) The variance granted does not correct a hardship caused by a former or current owner
of the property.
The proposed variance relates to the incorporation of a historic structure within a museum
campus. While it is not typically development associated with the district, it is not intended to
correct a hardship caused by the current or previous owners of the property.
Staff Report -PC#0012-20 6/15/2020
SOUTH BEND PLAN COMMISSION Page 5 of 5
Commitments: The staff recommends written commitments limiting the use of the property to uses
commonly associated with the museum.
Analysis: Rezoning to the property east of Laurel Street will allow for a logical extension of The History
Museum activities. Rezoning the properties west of Laurel Street is premature at this time and
could have a negative impact on the neighborhood. The requested variances are appropriate for
the development of the eastern property as shown.
Recommendation: Based on information available to the public hearing, the staff recommends the
Commission forward the petition to the Common Council with a favorable recommendation for
the parcels on the east side of Laurel Street and unfavorable for those on the west, subject to a
written commitment limiting the use of the property to uses commonly associated with a
museum.
The staff recommends the Commission approve the variances, subject to variance 1 and 2 only
applying to the development of the parcels east of Laurel Street.
Analysis & Recommendation
SOUTH BEND PLAN COMMISSION Page 1 of 4
Staff Report – PC#0015-20 June 15, 2020
Property Information
Location:
Owner:
310 WALTER ST
DEBBIE S SPETH AND WAYNE and ALICE FARMINGTON
Requested Action
Rezone from S1 Suburban Neighborhood 1 to C Commercial
Project Summary
Gates Automotive Plans to change their repair and autobody shop into a typical car dealership.
The proposed dealership will maintain automotive repair. The existing Gates building will
remain. All other buildings will be removed. The northern parcel will be used for storage of sales
vehicles.
Location Map
Recommendation
Staff Recommendation: Based on information available prior to the public hearing, the staff
recommends the petition be sent to the Common Council with a favorable recommendation,
subject to the following written commitments: 1) No access to Walter Street; and 2) Any
development, including exposed draining areas, shall be setback a minimum of 100' from Walter
Street. A code compliance fence is excluded from this provision.
Staff Report -PC#0015-20 6/15/2020
SOUTH BEND PLAN COMMISSION Page 2 of 4
Proposed Site Plan
Staff Report -PC#0015-20 6/15/2020
SOUTH BEND PLAN COMMISSION Page 3 of 4
Land Uses and Zoning:
On site: On site is a single-family home.
North: To the north, across Walter Street, is O'Brien Center zoned OS Open Space.
East: To the east are wooded lots zoned S1 Suburban Neighborhood 1.
South: To the south is Gates Service & Body Shop and American Kitchen & Bath zoned C
Commercial
West: To the west are single-family homes zoned S1 Suburban Neighborhood 1.
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 shows the southern half of the lots being used as outdoor storage of vehicles for
sale. The storage area is arranged in a parking lot fashion with screening to the east and west. A
proposed above ground retention pond is shown north of the parking area.
Zoning and Land Use History and Trends:
Commercial development in the area has been focused on the two main arterial roads in the
area - Ireland Road and S. Michigan. A pocket of low density residential has been preserved
between the commercial area and the park.
Traffic and Transportation Considerations:
Walter street is a two late street with no curb or sidewalks.
Agency Comments:
The Engineering Department recommends no access to Walter Street and notes that sidewalks
will be required along Ireland Road.
Staff Comments:
Walter Street has remained a low density single-family area with an almost park-like feel. While
we recognize the need for storage related to the automotive sales, careful consideration will
need to be given to ensure the expansion does not degrade the character and feel of the area.
The staff is recommending area to the north along Walter Street remain undeveloped in order to
retain the current character of the area, but also note that it could be an ideal location for medium
density residential.
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 identifies this area as low density residential.
Plan Implementation/Other Plans:
There are no specialized plans for this area.
Agency Comments
Criteria for Decision Making
Rezoning
Site & Context
Staff Report -PC#0015-20 6/15/2020
SOUTH BEND PLAN COMMISSION Page 4 of 4
2.Current Conditions and Character:
The current character of the area is low density residential.
3.Most Desirable Use:
The most desirable use for the property would be medium density residential that buffers the
high intensity commercial from the single-family residential in the area.
4.Conservation of Property Values:
With proper buffering and adequate spacing, the use and value of adjacent properties should not
be adversely affected.
5.Responsible Development and Growth:
It is responsible development and growth to allow for limited expansion of properties along
Ireland in a manner that preserves and protects the residential uses in the area.
Commitments: The staff recommends the following written commitments: 1) No access to Walter
Street; and 2) Any development, including exposed drainage areas, shall be setback a
minimum of 100' from Walter Street. A code compliance fence is excluded from this provision.
Analysis: Rezoning the properties to C Commercial will allow for the expansion of the commercial use
fronting Ireland Road, but protection of the character and use of Walter Street is critical. Split
zoned parcels are not recommended, so the proposed written commitments will provide that
protection.
Recommendation: Based on information available prior to the public hearing, the staff recommends the
petition be sent to the Common Council with a favorable recommendation, subject to the
following written commitments: 1) No vehicular access to Walter Street; and 2) Any development,
including exposed draining areas, shall be setback a minimum of 100' from Walter Street. A code
compliance fence is excluded from this provision.
Analysis & Recommendation
SOUTH BEND PLAN COMMISSION Page 1 of 1
Staff Report – PC#0009-20 June 15, 2020
Requested Action
An Ordinance amending Chapter 21 of the South Bend Municipal Code to correct typographical
errors in various Articles and to add clarifying language and tables where necessary.
Project Summary
The proposed ordinance includes the following changes:
•Correction of typographical errors in various sections of the Ordinance
•Define non-frontage lot
•Clarify provisions for double frontage, multifrontage lots, and non-frontage lot
•Add garage placement provisions to the Access & Parking table in the U1 and U2 district
•Adjust U2 setbacks to be consistent with U1
•Clarify height regulation for Ancillary Dwelling Units adjacent to an alley
•Clarify a second curb cut is permitted for non-residential lots when permitted by engineering
•Add transparency requirements for corner façade in the C Commercial district
•Clarify language for building material standards in the special districts
•Clarify language regarding rear extension within a minimum rear setback for primary building
•Clarify regulations for porch and stoop frontage types
•Add a table related to maximum fence heights and clarify material standards for DT District
•Add provision for 33’ lot of record to utilize reduced side setback
Analysis: The proposed ordinance will help clarify the regulations and development standards required
under the zoning ordinance.
Recommendation: Based on the information available prior to the public hearing, the staff recommends
the Plan Commission send the text amendment ordinance to the Common Council with a favorable
recommendation.
Analysis & Recommendation
Zoning Ordinance Amendments
Last updated June 1, 2020
Typographical and cross reference errors are corrected in the following sections:
21-03.01(g), 21-03.02(g), 21-03.03(g), 21-03.04(g), 21-03.05(f), 21-03.05(g), 21-03.05(j), 21-03.06(g), 21-03.07(f), 21-03.07(g), 21-03.08(f), 21-03.08(g), 21-06.02(f), 21-08.01(g), 21-11.02(b)
Ordinance
Sections Item Proposed Change Rationale
21-02.02,
21-02.03(b),
21-06.02(d)
Lot Line Determination Clarifies and expands ability of Zoning Administrator to determine whether lot lines are front, corner,
side, or rear for lots with no or multiple frontages. Adds and defines non-frontage lot
Provides further flexibility in defining yards, allowing context-sensitive
development to proceed with fewer variances
21-02.03(d),
21-05.02(h),
21-06.02(f),
21-08.01(g)
Appurtenances Uses alternate words for "appurtenances"Uses common language for better user understanding
21-02.03(d)(3),
21-03.01(f),
21-03.03(f),
21-03.04(f)
Ancillary Dwelling Height
Allowance
When alley present, allows for increased height for detached ancillary dwelling unit to within 5' of
rear lot line of subject lot, instead of to within 20' of rear lot line of abutting lot
Clarifies detached ancillary dwelling placement rule and eliminates potential
conflict between 5' garage setback rule and detached ancillary dwelling unit
placement rule when alley is less than 15'
21-02.03(d)(4)Facade within Setback Zone Clarifies measurement of required percentage of facade within setback zone for projects with
multiple buildings
Clearly exempts buildings interior to the development from unnecessary
setback zone requirements
21-03.03(e),
21-03.04(e)
Access & Parking Adds existing garage setback rule to parking section of U1 and U2 zones Enhances ordinance usability by making rule more apparent
21-03.04(d)U2 Setbacks Matches setbacks in U2 zone to those in U1 zone Ensures greater compatibility between U1 and U2 zones
21-03.06(f)UF Building Form Allows Zoning Administrator to waive minimum percentage for facade within front setback zone for
forecourt building type
Creates consistency with U3, NC, and DT districts; provides greater design
flexibility
21-03.07(h),
21-03.08(h),
21-08.01(f)
Facade Articulation Clarifies how building articulation requirements may be met. Increases vertical articulation
segments from 25' to 32' maximum
Improves user understanding by more clearly stating existing rule and
provides further flexibility in meeting design standards
21-04.03(c)C Building Setbacks Increases side and rear setbacks to U3 and UF zones Creates size consistency with buffer landscape requirements
21-04.03(d),
21-04.04(d)
C & I Curb Cuts Allows a second curb cut for lots with large frontages Aligns zoning ordinance with existing Engineering standards
21-04.03(g)C Facade Transparency Adds a 20% minimum corner facade transparency requirement under some circumstances Creates more attractive, active commercial building design
21-04.03(g),
21-08.01(e)
C Building Materials Clarifies allowable building materials in C zone Ensures a basic level of building quality, similar to pre-2020 ordinance
21-06.01(j)NC & DT Detached House Allows a Detached House building type to have units along the street frontage when it had not been
converted previously to a non-residential use
Eases reinvestment in existing buildings
21-06.02(f)Trash Containers Reduces required landscape area width from 5' to 3' (keeps required landscape screening of trash
containers the same)
Allows trash container screening to be done more compactly
21-07.03(c)Location of Parking Areas Simplifies language regarding location of required parking areas Eliminates inconsistency and redundant provision
21-08.01(g)Garage Placement Clarifies required garage setbacks Improves user understanding by more clearly stating existing rules
21-08.01(g)Building Extensions Clarifies rules on building extensions by eliminating use of word "additions"Improves user understanding by more clearly stating existing rule
21-08.02(h)Townhouse Width Raises maximum total building width of attached townhouses from 160' to 168'Without altering intent of rule, allows more options on quantity and size of
townhouses, consistent with recent developments
21-08.03(a)Porch Clarifies porch design requirements when in or out of required setback Improves user understanding by more clearly stating existing rule
21-08.03(b)Stoop Clarifies stoop design requirements when in or out of required setback Improves user understanding by more clearly stating existing rule
21-09.02(c)Fences & Walls Adds table of maximum fence and wall heights in place of text paragraph Improves user understanding by more clearly stating existing rules
21-09.02(e)Fences in NC & DT Districts Prohibits chain link fences in front of maximum setbacks Better meets intent of existing rule
21-11.04(c)Alleys Eliminates language saying Plan Commission may waive requirement for alley construction in
commercial and industrial districts; Plan Commission already has this authority
Eliminates redundant provision
21-13.01(c)32' & 33' Lots Reduces required side setbacks from 5' to 4' for established residential lots of 32-34' in width Allows for residential construction of common house designs on commonly
sized urban lots without a variance
ORDINANCE NO. ___________
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO
CORRECT TYPOGRAPHICAL ERRORS IN VARIOUS ARTICLES
AND TO ADD CLARIFYING LANGUAGE AND TABLES
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance
for the City of South Bend that went into effect on January 1, 2020. Since its adoption in
November, use and testing of the Ordinance has identified a few standards that need further
clarification or correction.
NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions &
Measurements, Section 21-02.02 Definitions is hereby amended by adding a new definition:
Lot, Non-Frontage. A lot with no frontage that is interior to a development.
SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions
& Measurements, Section 21-02.03 Measurements, subsection (b) Building Placement is
hereby amended as follows:
(2) Lot Line Determination. For non-frontage, double frontage, and multiple
frontage lots, the Zoning Administrator shall determine which lot lines shall be
considered front, corner, side, or rear based on the context of the development.
(2) (3) Building Setbacks.
(B) Multiple Frontage Lots. For lots that abut three or more streets, all
frontages shall be designated as either primary and/or secondary streets.
The applicable front or corner setbacks shall apply to more than one lot
line. In these instances, a side or rear setback may not apply. The
Zoning Administrator shall determine which street or streets shall be
considered primary and secondary.
(C) (B)
(3) (4)
SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions
& Measurements, Section 21-02.03 Measurements, subsection (d) Building Form is hereby
amended as follows:
(1) Building Height (Feet).
(A) Appurtenances Elements such as chimneys, cooling towers, elevator
bulkheads, mechanical penthouses, stage towers, water towers, radio or
television antenna, ornamental towers, cupolas, domes, smoke stacks,
steeples, and spires, may exceed the maximum building height, up to
25 feet in height above the roof line.
(3) Ancillary Dwelling Height Allowance.
The maximum height of an detached ancillary dwelling unit is determined by
its distance from the rear lot line of the adjacent lot. This distance may or may
not include an alley and whether or not a rear alley is present.
SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions
& Measurements, Section 21-02.03 Measurements is hereby amended by adding a new
subsection (d)(4)(D):
(D) For projects containing multiple buildings, only the facades of buildings
visible in elevation view from a street shall be used to determine the
percentage of the facade within a setback zone.
SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.01 S1 Suburban Neighborhood 1, subsection (f) Building Form,
Section 21-03.03 U1 Urban Neighborhood 1, subsection (f) Building Form, and Section 21-
03.04 U2 Urban Neighborhood 2, subsection (f) Building Form are hereby amended as
follows:
1 Ancillary dwelling units may be built to a maximum height of 24’ if located at least
5’ from the rear lot line of a lot with a rear alley or at least 20’ from the rear lot line of
an abutting lot without a rear alley.
SECTION VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.01 S1 Suburban Neighborhood 1, subsection (g) Building
Components, Section 21-03.03 U1 Urban Neighborhood 1, subsection (g) Building
Components, and Section 21-03.04 U2 Urban Neighborhood 2, subsection (g) Building
Components are hereby amended as follows:
Allowed Building Frontage Types
Porch 21-08.03(a)(c)
Stoop 21-08.03(b)(d)
Gallery 21-08.03(c)(e)
SECTION VII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.02 S2 Suburban Neighborhood 2, subsection (g) Building
Components, Section 21-03.05 U3 Urban Neighborhood 3, subsection (g) Building
Components are hereby amended as follows:
Allowed Building Frontage Types
Porch 21-08.03(a)(c)
Stoop 21-08.03(b)(d)
Gallery 21-08.03(c)(e)
Forecourt 21-08.03(d)(f)
SECTION VIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.03 U1 Urban Neighborhood 1, subsection (e) Access & Parking, and
Section 21-03.04 U2 Urban Neighborhood 2, subsection (e) Access & Parking are hereby
amended as follows:
Parking Access
If access is available from an alley which is open to traffic, there shall be no
access allowed from the street. If allowed, a maximum of one street curb cut
is permitted per street frontage.
Garage doors facing a street or alley shall be located directly at the minimum setback
or be set back not less than 18’.
SECTION IX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.04 U2 Urban Neighborhood 2, subsection (d) Building Placement is
hereby amended as follows:
Building Setbacks Front1 Corner
Residential (min.) 10’ 15’ 10’
Residential (max.) 20’ 25’ 20’ 25’
Non-Residential (min.) 10’ 15’ 10’
SECTION X. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.05 U3 Urban Neighborhood 3, subsection (f) Building Form is hereby
amended as follows:
Facade within Setback Zone
Front (min.) 1 65%
Corner (min.) 50%
1 A forecourt per Section 21-08.03(d)(f) may be exempt from this requirement with
approval by the Zoning Administrator.
SECTION XI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.05 U3 Urban Neighborhood 3, subsection (j) Landscape is hereby
amended as follows:
(j) Foundation Landscape Required2 3
SECTION XII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.06 UF Urban Neighborhood Flex, subsection (f) Building Form is
hereby amended as follows:
Facade within Setback Zone
Front (min.) 1 65%
Corner (min.) 50%
1 A forecourt per Section 21-08.03(f) may be exempt from this requirement with
approval by the Zoning Administrator.
SECTION XIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.06 UF Urban Neighborhood Flex, subsection (g) Building
Components is hereby amended as follows:
Allowed Building Frontage Types
Porch 21-08.03(a)(c)
Stoop 21-08.03(b)(d)
Gallery 21-08.03(c)(e)
Forecourt 21-08.03(d)(f)
Storefront 21-08.03(e)(g)
Terrace 21-08.03(f)(h)
SECTION XIV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.07 NC Neighborhood Center, subsection (f) Building Form is hereby
amended as follows:
Facade within Setback Zone
Front (min.) 1 85%
Corner (min.) 50%
1 A forecourt per Section 21-08.03(d)(f) may be exempt from this requirement with
approval by the Zoning Administrator.
SECTION XV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.07 NC Neighborhood Center, subsection (g) Building Components,
and Section 21-03.08 DT Downtown, subsection (g) Building Components are hereby
amended as follows:
Allowed Building Frontage Types
Gallery 21-08.03(c)(e)
Forecourt 21-08.03(d)(f)
Storefront 21-08.03(e)(g)
Terrace 21-08.03(f)(h)
SECTION XVI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.07 NC Neighborhood Center, subsection (h) Building Standards, and
Section 21-03.08 DT Downtown, subsection (h) Building Standards are hereby amended as
follows:
Facade Articulation
Any building greater than 50' wide shall provide vertical articulation into segments no
greater than 25’ 32’ in width and horizontal articulation (base, belt courses, cornice,
etc.) to distinguish the ground floor from upper stories.
SECTION XVII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard
Districts, Section 21-03.08 DT Downtown, subsection (f) Building Form is hereby amended
as follows:
Facade within Setback Zone
Front (min.) 1 85%
Corner (min.) 50%
1 A forecourt per Section 21-08.03(d)(f) may be exempt from this requirement with
approval by the Zoning Administrator.
SECTION XVIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Special
Districts, Section 21-04.03 C Commercial, subsection (c) Building Placement is hereby
amended as follows:
Building Setbacks
Adjacent to S1, S2, U1, or U2, U3, or UF
SECTION XIX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Special
Districts, Section 21-04.03 C Commercial, subsection (d) Access & Parking, and Section 21-
04.04 I Industrial, subsection (d) Access & Parking are hereby amended as follows:
Parking Access
If allowed, a maximum of one street curb cut is permitted per street frontage. Lots
with large frontages may be granted a second street curb cut per the latest standards
adopted by the Board of Public Works.
SECTION XX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Special
Districts, Section 21-04.03 C Commercial, subsection (g) Building Standards is hereby
amended as follows:
Facade Transparency (min.)
Ground Floor – Primary Street Front Facade 40% min.
Ground Floor – Corner Facade1 20%
1 If a building is located more than 50’ from the corner lot line, the Zoning
Administrator may waive this requirement if the transparency is not needed to meet
the intent of this ordinance.
Building Materials
A minimum of 66% of each front or corner facade shall be constructed of E.I.F.S. or
high quality natural materials, such as stone or brick; wood lap siding; fiber cement
board siding; and glass. High quality synthetic materials may be approved by the
Zoning Administrator. E.I.F.S. may constitute a maximum of 66% of the ground floor
facade.
Restrictions on building materials shall apply to all front and corner facades of non-
residential buildings.
Building materials used on the front and corner facades shall extend a minimum depth
of 16" along the side facade.
E.I.F.S. may constitute a maximum of 66 percent of the ground floor facade.
Standard, fluted, or split face concrete masonry units above the basement level are
prohibited as face material.
Unfinished metal, plywood, unfinished precast or poured-in-place concrete are
prohibited.
Windows and doors on a ground floor front/corner façade shall have clear, transparent
glass that has a min. VLT of 50% and a max. VLR of 25%.
SECTION XXI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 5 Overlay
Districts, Section 21-05.02 NNZO Northeast Neighborhood Zoning Overlay, subsection (h)
Commercial / Mixed Use Buildings is hereby amended as follows:
(7) Mechanical Equipment and Utilities
(A) Vents, gutters, downspouts, flashings, electrical conduits, and other
appurtenances similar elements shall be painted to match the adjacent
surface unless being used expressly as an accent material.
SECTION XXII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses,
Section 21-06.01 Principal Uses, subsection (j) Residential is hereby amended as follows:
(2) Dwelling, 1 Unit
(A) Standards
(i) In a NC or DT district, a 1 unit dwelling unit shall not be
located directly along the street frontage, with the exception of a
townhouse for an existing Detached House building type that
has not been converted previously to a non-residential use. A 1
unit The dwelling unit may be on an upper floor of the
building or behind another ground floor, nonresidential
principal use.
(3) Dwelling, 2 Units
(A) Standards
(i) In a NC or DT district, a 2 unit dwelling unit shall not be
located directly along the street frontage, with the exception of a
townhouse for an existing Detached House building type that
has not been converted previously to a non-residential use.
Dwellings may be on upper floors of the building or
behind another ground floor, non-residential principal use.
SECTION XXIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses,
Section 21-06.02 Accessory Uses and Structures, subsection (d) Location is hereby amended
as follows:
(1) Unless otherwise specified, accessory structures shall not be located in any
established front or corner yard. For double frontage and multiple frontage lots,
one lot line as determined by the Zoning Administrator may be treated as an
established side yard.
SECTION XXIV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses,
Section 21-06.02 Accessory Uses and Structures, subsection (f) Accessory Uses Definitions
and Standards is hereby amended as follows:
(9) Game Courts
A type of recreation facility which consists of an unpaved or paved surface
area of ground open and essentially unobstructed to the sky, designed and
intended for the playing of a recognized sport as a recreational activity by the
occupants and guests of the primary building, which may include fencing,
screening, nets, goals, or other necessary appurtenances items required for
recreational use.
(10) Garage
See Section 21-08.01(g)(10)(11) for all attached and detached garage
regulations.
(27) Trash Containers
(ii) The solid-walled portion of the enclosure shall be constructed of
materials similar to those of the building facade and screened with a
Type 1 buffer, designed per Section 21-09.01(n), building foundation
landscape, designed per Section 21-09.01(m).
SECTION XXV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Access &
Parking, Section 21-07.03 Vehicle Access & Parking, subsection (c) Location of Required
Vehicle Parking Areas is hereby amended as follows:
(4) Unless otherwise specified within the required parking location of the
applicable zoning district, off-street parking lots shall not be located in front of
a line 5 feet behind the front or corner building facade. If the lot does not have
a building, parking areas shall have a minimum front or corner setback of 12
feet. As specified in the applicable zoning district.
SECTION XXVI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building
Standards, Section 21-08.01 Building Standards is hereby amended by adding a new
subsection (e)(10) as follows:
(10) In a C district, a minimum of 66 percent of each front or corner facade of all
primary buildings shall be constructed of the following building materials:
(A) High quality, durable, natural materials, such as brick or stone; wood
lap siding; lapped, shingled, or panel fiber cement board siding; and
glass.
(B) Other high quality synthetic materials such as synthetic equivalents of
brick or stone, architectural precast concrete that looks like brick or
stone; or traditional lime-based stucco may be approved by the Zoning
Administrator.
(C) Exterior insulation and finish system (E.I.F.S.).
SECTION XXVII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8
Building Standards, Section 21-08.01 Building Standards, subsection (f) Façade Articulation -
NC or DT District is hereby amended as follows:
(f) Facade Articulation - NC or DT District
In a NC or DT district, these regulations are intended to encourage walkable
environments by creating visually interesting buildings with human scaled
details and proportions. The following regulations apply to any building
greater than 50 feet wide.
(1) A facade shall be organized using a consistent rhythm and pattern of
windows, building articulation, or other architectural features. Facades
shall be organized into building segments that consist of regularly
repeated spatial elements making a vertical division in a structure,
commonly defined by the number of window and door openings per
floor or by the space between columns and/or piers.
(1) (2) Vertical articulation (e.g., bays, mullions, columns, pilasters, recessed
entries, awnings, or other architectural treatments) is required to
visually break up the massing of the front and corner facades into
building segments no greater than 2532 feet in width. Vertical
articulation may be satisfied through the use of architectural features
such as bays, columns, pilasters, mullions, regular repetition of window
patterns, a break in the building plane, or recessed entries. On corner
lots, the material and articulation of the primary facade shall extend a
minimum of one segment along the secondary street.
(2) (3) Horizontal articulation (e.g., base, belt courses, cornice lines,
entablatures, friezes, awnings or canopies, changes in materials or
window patterns, recessed entries, or other architectural treatments)
is required to help distinguish the ground floor or podium from upper
stories.
(4) Variation in color shall not be used to meet the required articulation.
(3) (5) A main entrance shall effectively address the adjacent public realm and
be given prominence on the building facade. This may be satisfied
through the use of architectural features such as entranceway roofs or
recesses; a chamfered corner; sidelight windows, transom window, or
other adjacent windows; additional moldings with expression lines; or a
bay of unique width.
SECTION XXVIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8
Building Standards, Section 21-08.01 Building Standards, subsection (g) Building
Components is hereby amended as follows:
(9) Forecourt. See Section 21-08.03(d)(f) for all regulations relating to forecourts.
(10) Gallery. See Section 21-08.03(c)(e) for all regulations relating to galleries.
(11) Garage.
(B) Except in a S1 district, if the garage door on an attached garage faces a
primary or secondary street, the garage shall be set back a minimum of
at least 5 feet behind the front or corner building facade.
(C) If Garages oriented with garage doors facing a street, or alley a garage
shall not be located at the minimum required setback or have a setback
of not less than 18 feet from the right-of-way, sufficient to
accommodate the parking of an automobile without blocking the
sidewalk or any public way.
(D) If oriented with garage doors facing an alley, a garage shall be located
at the minimum required rear setback or have a setback of not less
than 18 feet from the right-of-way, sufficient to accommodate the
parking of an automobile without blocking any public way.
(D) (E)
(13) Porch. See Section 21-08.03(a)(c) for all regulations relating to porches.
(16) Rear Additions Extensions. A secondary extension from the rear wall of a
primary building that extends into a required rear setback for a primary
building.
(A) Rear additions shall have a smaller footprint, a narrower width, and a
depth not greater than the main building.
(B) Rear additions extensions may encroach into a required rear setback for
a primary structure, but they shall be limited to a maximum of one
story and shall comply with the maximum allowed height limit for
accessory buildings within the applicable zoning district.
(B) Rear extensions shall have a smaller footprint, a narrower width, and a
depth not greater than the main building.
(C) Rear additions extensions shall comply with the maximum allowed
building coverage within the applicable zoning district.
(D) Rear additions extensions may encroach into any established rear yard
up until the rear setback for accessory buildings. Rear extensions shall
meet the minimum required front, corner, and side setbacks for primary
buildings.
(18) Storefront. See Section 21-08.03(e)(g) for all regulations relating storefronts.
(19) Stoop. See Section 21-08.03(b)(d) for all regulations relating to stoops.
(20) Terrace. See Section 21-08.03(f)(h) for all regulations relating to terraces.
(21) Towers, Turrets, and Cupolas. A building appurtenance component that is
significantly taller than it is wide with the purpose of gaining views, providing
light and ventilation to a building, adding a decorative element, or terminating
an important axis including tower, turrets, cupolas, elevator or stair towers, or
steeples.
SECTION XXIX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building
Standards, Section 21-08.02 Building Types, subsection (h) Building Type: Townhouse is
hereby amended as follows:
(3) Building Type Standards
Building Width (total of all attached Townhouses)
All other districts 8 units or 160’ 168’ max.
SECTION XXX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building
Standards, Section 21-08.03 Building Frontage Types, subsection (a) Frontage Type: Porch is
hereby amended as follows:
(2) Frontage Standards
Standards
A porch Sshall be open on three sides and have a roof.
If unenclosed and open on three sides, a porch may encroach into a required
front or corner setback as allowed by the applicable zoning district.
Open porch bases shall be enclosed with latticework or similar material, or
visually concealed with landscape.
If unenclosed, a porch may encroach into a required front or corner setback as
allowed by the applicable zoning district.
SECTION XXXI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building
Standards, Section 21-08.03 Building Frontage Types, subsection (b) Frontage Type: Stoop is
hereby amended as follows:
(1) Description
A stoop is a small raised platform that serves as an entryway to a building,
typically for residential uses with small setbacks. A stoop is open on three
sides and may be roofed or open to the sky, although a covered or recessed
stoop is preferred in order to provide shelter from the elements.
(2) Frontage Standards
Dimensions
Finished Level above Sidewalk 18” min.
Standards
A stoop shall be open on three sides.
A stoop Sshall contain stairs leading to the ground level, be at least 18” above
the sidewalk and shall directly connecting to the sidewalk, walkway, or
driveway.
A stoop shall have a railing or wall, a covering, or be at least 18” above the
walkway or driveway.
If unenclosed and open on three sides, a stoop may encroach into a required
front or corner setback as allowed by the applicable zoning district.
SECTION XXXII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8
Building Standards, Section 21-08.03 Building Frontage Types is hereby amended as follows:
21-08.03(a)(c) Frontage Type: Porch
21-08.03(b)(d) Frontage Type: Stoop
21-08.03(c)(e) Frontage Type: Gallery
21-08.03(d)(f) Frontage Type: Forecourt
21-08.03(e)(g) Frontage Type: Storefront
21-08.03(f)(h) Frontage Type: Terrace
SECTION XXXIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site
Development, Section 21-09.02 Fences & Walls, subsection (c) Height is hereby amended as
follows:
(1) Fences and walls located in an established front or corner yard shall not exceed
the maximum height listed in Table 21-09D 36 inches, except in an I district.
Maximum height may extend to 48 inches in height if the open space
percentage of the fence is greater than 70 percent. In an I district, the
maximum height of a fence in an established front or corner yard shall be 6
feet.
Table 21-09D: Fences & Walls Maximum Height
Front & Corner Yard
Side & Rear
Yard
District
Less than
or Equal to
70% Open
More than
70% Open
Any Fence
Type
S1, S2, U1, U2, U3 3' 4' 6'
UF, NC, DT, OS, U, C 3' 4' 8'
I 6' 6' 10'
(2) Fences and walls located elsewhere on a lot shall not exceed the allowed height
specified in the applicable zoning district.
(3) (2)
SECTION XXXIV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site
Development, Section 21-09.02 Fences & Walls, subsection (e) Materials is hereby amended
as follows:
(2) In a NC or DT district, chain link fence materials are prohibited in an
established front or corner yard or within 10 feet of a front or corner lot line.
SECTION XXXV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11
Neighborhood & Subdivision Design, Section 21-11.02 Subdivision of Land, subsection (b)
General Regulations is hereby amended as follows:
(7) Easements shall be provided for utilities where necessary. When located along
a rear or side lot line, easements shall be centered on such line and be at least 5
feet wide on both sides of the lot line. Easements shall be continuous to the end
of the block to connect with adjoining blocks in the shortest direct line.
SECTION XXXVI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11
Neighborhood & Subdivision Design, Section 21-11.04 Streets & Alleys, subsection (c) Alley
Standards is hereby amended as follows:
(1) Alleys shall be provided in commercial and industrial districts; however, the
Plan Commission may waive this requirement if other definite and assured
provision is made for service access such as off-street loading, unloading, and
parking, consistent with and adequate for the uses proposed.
SECTION XXXVII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 13
Nonconformities & Enforcement, Section 21-13.01 Nonconformities is hereby amended by
adding a new subsection (c)(4):
(4) Side Setback Provision for 32’ & 33’ Wide Lots. A legally established lot of
record as of January 1, 2020, in a S1, U1, U2, U3, or UF district that has a lot width of
at least 32 feet but less than 34 feet only shall be required to have a minimum side
setback of 4 feet for residential uses.
SECTION XXXVIII. This Ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
____________________________
Member of the Common Council
Attest:
_____________________________
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the _________day
of ___________, 2020, at _________ o’clock ____. m.
__________________________
City Clerk
Approved and signed by me on the _________ day of ____________, 2020, at
________ o’clock ____. m.
____________________________
Mayor, City of South Bend, Indiana
SOUTH BEND PLAN COMMISSION Page 1 of 2
Staff Report – PC#0008-20 June 15, 2020
Property Information
Subdivision Name: PORTAGE PRAIRIE BUSINESS PARK - PRIMARY PLAT
Location: This Major Primary subdivision is located North side of Adams Rd. along
Dylan Dr., City of South Bend.
Requested Action
The total area of the subdivision is 118.95 acres and will consist of 6 building lots.
Location Map
Recommendation
Staff Recommendation: The Staff has reviewed this subdivision and finds that if the waivers
are granted and the conditions are met, it complies with the requirements for Primary Approval
as specified by the South Bend Subdivision Control Ordinance. The Staff therefore
recommends that this subdivision be granted Primary Approval, subject to the following: 1)
Adding the waiver note to the plat; and 2) Addressing the comments from the City Engineering
Department.
SOUTH BEND PLAN COMMISSION Page 2 of 2
Staff Report – PC#0008-20 June 15, 2020
Project Details
Environmental Data: A check of the Agency's maps indicates that no environmental
hazard areas or wetlands are present.
Drainage: The conceptual drainage plan has been approved.
Rights-Of-Way: The rights-of-way are correct as shown.
Utilities: The site will be served by Municipal Water and Municipal
Sewer.
Agency Comments: The City Engineering Department recommends approval subject
to the following: 1) Municipal easement is required between P2,
3 to maintain City storm infrastructure and end section that will
drain Dylan to the basin, 30’ is desirable.; 2) Verify that the
future Dylan R/W width captures all existing infrastructure and
appropriate space given to allow maintenance.; 3) Provide a
utility plan showing the public extensions along Dylan to the end
of the cul-de-sac and indicate how they will serve future
development, grades, pressures, etc; 4) Provide roadway data
or plans showing the road widths proposed, roadway geometry,
cul-de-sac radii, etc.; and 5) Remove the space capturing trees
on the east side of the sidewalk along Dylan Dr. from City R/W
Recommendation
Staff Comments: The petitioner is requesting the following waivers: 1) From Section 21-
11.02(d)(5) to install a sidewalk on one side of the public street; 2) From Section 21 -
11.02(e)(2) to allow a subdivision without 10% public open space requirement; 3) from 21 -
11.04(b)(6) to allow a 2,924' cul-de-sac.
Staff Recommendation: The Staff has reviewed this subdivision and finds that if the
waivers are granted and the conditions are met, it complies with the requirements for
Primary Approval as specified by the South Bend Subdivision Control Ordinance. The Staff
therefore recommends that this subdivision be granted Primary Approval, subject to the
following: 1) Adding the waiver note to the plat; and 2) Addressing the comments from the
City Engineering Department.
SOUTH BEND PLAN COMMISSION Page 1 of 2
Staff Report – PC#0011-20 June 15, 2020
Property Information
Subdivision Name: FREDRICKSON COMMONS MAJOR SUBDIVISION
Location: This Major Primary subdivision is located South of Fredrickson Park and
North of Howard Street, City of South Bend.
Requested Action
The total area of the subdivision is 3.6 acres and will consist of 32 building lots.
Location Map
Recommendation
Staff Recommendation: The Staff has reviewed this subdivision and finds that if the conditions
are met it complies with the requirements for Primary Approval as specified by the South Bend
Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be
granted Primary Approval, subject to the following: 1) revising easement description per the
engineer review; 2) execution of a utility extension agreement; and 3) addressing comments on
the drainage plan.
SOUTH BEND PLAN COMMISSION Page 2 of 2
Staff Report – PC#0011-20 June 15, 2020
Project Details
Environmental Data: A check of the Agency's maps indicates that no environmental
hazard areas or wetlands are present.
Drainage: The engineering department has reviewed the drainage plan
and provided comments to the petitioner.
Rights-Of-Way: The rights-of-way are correct as shown.
Utilities: The site will be served by Municipal Water and Municipal
Sewer.
Agency Comments: There are no additional comments at this time.
Recommendation
Staff Recommendation: The Staff has reviewed this subdivision and finds that if the
conditions are met it complies with the requirements for Primary Approval as specified by
the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this
subdivision be granted Primary Approval, subject to the following: 1) revising easement
description per the engineer review; 2) execution of a utility extension agreement; and 3)
addressing comments on the drainage plan.
SOUTH BEND PLAN COMMISSION Page 1 of 2
Staff Report – PC#0014-20 June 15, 2020
Property Information
Subdivision Name: Eddy Commons Phase III MAJOR Subdivision
Location: This Major Primary subdivision is located the southwest corner of State Road
23 and Howard Street, City of South Bend.
Requested Action
The total area of the subdivision is 3.04 acres and will consist of 1 building lot.
Location Map
Recommendation
Staff Recommendation: The Staff has reviewed this subdivision and finds that if the conditions
are met it complies with the requirements for Primary Approval as specified by the South Bend
Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be
granted Primary Approval, subject to the following: 1) correcting vacation to reflect vacation of
South Bend Avenue, not SR 23; 2) adding ordinance numbers to the recent vacations; 3)
execution of a utility extension agreement; and 4) addressing comments on the drainage plan.
SOUTH BEND PLAN COMMISSION Page 2 of 2
Staff Report – PC#0014-20 June 15, 2020
Project Details
Environmental Data: A check of the Agency's maps indicates that no environmental
hazard areas or wetlands are present.
Drainage: The engineering department has reviewed the drainage plan
and provided comments to the petitioner.
Rights-Of-Way: The rights-of-way are correct as shown.
Utilities: The site will be served by Municipal Water and Municipal
Sewer.
Agency Comments: Final location of the utilities will need to be coordinated with
engineering prior to secondary approval, and any easements
adjusted accordingly.
Recommendation
Staff Recommendation: The Staff has reviewed this subdivision and finds that if the
conditions are met it complies with the requirements for Primary Approval as specified by
the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this
subdivision be granted Primary Approval, subject to the following: 1) correcting vacation to
reflect vacation of South Bend Avenue, not SR 23; 2) adding ordinance numbers to the
recent vacations; 3) execution of a utility extension agreement; and 4) addressing
comments on the drainage plan.
0
SCALE 1" =40'
40' 80' 120'●
“
”
“”
SOUTH BEND PLAN COMMISSION Page 1 of 1
Staff Report – PC#0009-20 June 15, 2020
Requested Action
An Ordinance amending Chapter 21 of the South Bend Municipal Code to correct typographical
errors in various Articles and to add clarifying language and tables where necessary.
Project Summary
The proposed ordinance includes the following changes:
•Correction of typographical errors in various sections of the Ordinance
•Define non-frontage lot
•Clarify provisions for double frontage, multifrontage lots, and non-frontage lot
•Add garage placement provisions to the Access & Parking table in the U1 and U2 district
•Adjust U2 setbacks to be consistent with U1
•Clarify height regulation for Ancillary Dwelling Units adjacent to an alley
•Clarify a second curb cut is permitted for non-residential lots when permitted by engineering
•Add transparency requirements for corner façade in the C Commercial district
•Clarify language for building material standards in the special districts
•Clarify language regarding rear extension within a minimum rear setback for primary building
•Clarify regulations for porch and stoop frontage types
•Add a table related to maximum fence heights and clarify material standards for DT District
•Add provision for 33’ lot of record to utilize reduced side setback
Analysis: The proposed ordinance will help clarify the regulations and development standards required
under the zoning ordinance.
Recommendation: Based on the information available prior to the public hearing, the staff recommends
the Plan Commission send the text amendment ordinance to the Common Council with a favorable
recommendation.
Analysis & Recommendation
SOUTH BEND PLAN COMMISSION Page 1 of 2
Staff Report – PC#0010-20 June 15, 2020
Property Information
Subdivision Name: LATHROP STREET AND OLD CLEVELAND ROAD MINOR
SUBDIVISION
Location: This Minor Primary subdivision is located North and East of the South Bend
Airport, City of South Bend.
Requested Action
The total area of the subdivision is 64.05 acres acres and will consist of 2 building lots and
3 outlots.
Location Map
Recommendation
Staff Recommendation: The Staff has reviewed this subdivision and finds that if the conditions
are met it complies with the requirements for Primary Approval as specified by the South Bend
Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be
granted Primary Approval, subject to the following: 1) providing street classifications on the plat.
SOUTH BEND PLAN COMMISSION Page 2 of 2
Staff Report – PC#0010-20 June 15, 2020
Project Details
Environmental Data: A check of the Agency's maps indicates that no environmental
hazard areas or wetlands are present.
Drainage: All drainage shall be retained on site and approved by the City
Engineer at the time of development.
Rights-Of-Way: The rights-of-way are correct as shown.
Utilities: The site will be served by Municipal Water and Municipal
Sewer.
Agency Comments: There are no additional comments at this time.
Recommendation
Staff Recommendation: The Staff has reviewed this subdivision and finds that if the
conditions are met it complies with the requirements for Primary Approval as specified by
the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this
subdivision be granted Primary Approval, subject to the following: 1) providing street
classifications on the plat.
SOUTH BEND PLAN COMMISSION Page 1 of 2
Staff Report – PC#0013-20 June 15, 2020
Property Information
Subdivision Name: Sample and Lafayette Minor Subdivision
Location: This Minor Primary subdivision is located southwest corner of Sample Street
and Lafayette Boulevard, City of South Bend.
Requested Action
The total area of the subdivision is 3.99 acres and will consist of 3 building lots.
Location Map
Recommendation
Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the
requirements for Primary Approval as specified by the South Bend Subdivision Control
Ordinance. The Staff therefore recommends that this subdivision be granted Primary Approval.
SOUTH BEND PLAN COMMISSION Page 2 of 2
Staff Report – PC#0013-20 June 15, 2020
Project Details
Environmental Data: A check of the Agency's maps indicates that no environmental
hazard areas or wetlands are present.
Drainage: All drainage shall be retained on site and approved by the City
Engineer at the time of development.
Rights-Of-Way: The rights-of-way are correct as shown.
Utilities: The site will be served by Municipal Water and Municipal
Sewer.
Agency Comments: There are no additional comments at this time.
Recommendation
Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with
the requirements for Primary Approval as specified by the South Bend Subdivision Control
Ordinance. The Staff therefore recommends that this subdivision be granted Primary
Approval.
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SCALE 1" =50'
50' 100' 150'
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