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Home My WebLink About05-25 Amending the Zoning Ordinance for Property Located at 3527 Lincolnway West PLAN coN'e. County-City Building City of South Bend 227 W.Jefferson Blvd. 14005 ° Z South Bend,IN 46601 PLAN COMMISSION (574)235-7627 www.southbendin.gov/zoning F42-48lI5HE03010 Filed in Clerk's Office March 18, 2025 MAR 1 8 L11L5 Bianca Tirado South Bend Common Council City Clerk, South Bend, IN 227 W.Jefferson Blvd.,4'Floor South Bend,IN 46601 Re:Bill#05-25 -A proposed ordinance of CECILIA BROWN to zone from S1 Suburban Neighborhood 1 to UF Urban Neighborhood Flex,property located at 3527 LINCOLNWAY,City of South Bend-PC# 0244-25 Dear Council Members: I hereby Certify that the above referenced ordinance of CECILIA BROWN was legally advertised on February 7,2025,and that the South Bend Plan Commission at its public hearing on March 17,2025, took the following action: Upon a motion by Francisco Fotia,being seconded by Scott Ford and unanimously carried,a proposed ordinance of CECILIA BROWN to zone from S 1 Suburban Neighborhood 1 to UF Urban Neighborhood Flex,property located at 3527 LINCOLNWAY,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, //jcth, ._ /� Kari Myers Zoning Specialist Attachment CC: CECILIA BROWN Bob Palmer Tim Corcoran Tim Corcoran Jason Piontek Planning Director Interim Zoning Administrator Commission President Staff Report — PC#0244-25 March 17, 2025 Property Information Location: 3527 LINCOLNWAY Owner: CECILIA BROWN Requested Action Rezone from S1 Suburban Neighborhood 1 to OF Urban Neighborhood Flex Project Summary Utilize an existing house as a day spa. Location Map w 1 — _ — ' I I . T r f �. — s. N . . . _ S1 ,.. S1 S1 U1 , Ns Si .,, -- ,-- . , , : w ,..., .._.. ..., _,...., „...., - - _ :.-„., ...,,, , _ S 1 ,- - ,_,„ . ,:., c p s1 4INcO<^/�' '�,I ss.. qYkfr r, _ r \ _ S1 _ NORTH ORi Ritli A 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. Filed in Clerk's Office SOUTH BEND PLAN COMMISSION MAR 1 8 2025 Page 1 of 4 Bianca Tirado City Clerk, South Bend, IN Staff Report -PC#0244-25 3/17/2025 Proposed Site Plan T , %1 I6 k .. ,. .,, imit,,,i, _ , .., ,. „ . , .. . ..... , , ., , ... , ,......-- -----,,... ., ,., , , it, ‘ , „,t_....._.. - ' ______: ,.. r A now r F fir' f' ' ,.. J s ° 1 IS Rr{� AV fi r_ .- r ] . .� f- .,,, MICI ; , F,. SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report-PC#0244-25 3/17/2025 Site & Context Land Uses and Zoning: On site: A 2,355 square foot house North: Across Elwood Avenue, residential dwellings zoned U1 Urban Neighborhood 1 East: An office zoned UF Urban Neighborhood Flex South: Across Lincoln Way West, an office zoned UF Urban Neighborhood Flex West: A residential dwelling zoned S1 Suburban Neighborhood 1 District Intent: The UF District is established to enhance and support a full range of housing types and small- scale commercial uses found outside neighborhood centers in core and outlying areas of the City. Site Plan Description: No substantial exterior work is proposed at this time. The interior of the house will be used as a day spa. Zoning and Land Use History and Trends: A one unit dwelling was constructed on the site in 1916. Most recently, the house was utilized as an office space and as a rental property. Traffic and Transportation Considerations: At this site, Lincoln Way West is a 64' wide street with one lane of traffic in each direction, a center two-way left turn lane, and bike lanes. Agency Comments Agency Comments: There are no additional comments at this time. There are no Engineering comments at this time. Criteria for Decision Making Rezoning' Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006), Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map Land Use Plan: The Future Land Use Plan identifies this area for Low Density Residential, though the property is adjacent to areas identified for Commercial (Office & Retail) and is proximal to an intersection highlighted as a future Regional Commercial Node Plan Implementation/Other Plans: There are no other plans specific to this area. 2. Current Conditions and Character: A 2,355 square foot one unit dwelling was constructed on the site in 1916. SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report-PC#0244-25 3/17/2025 3. Most Desirable Use: The most desirable use, at this time, is one that is consistent with the built form and uses of the surrounding area. 4. Conservation of Property Values: Lincoln Way West is a major mixed-use corridor. The proposed use of the property as a day spa should not have a negative impact on property values throughout the area. 5. Responsible Development and Growth: It is responsible development and growth to allow for the site to be developed consistently with the built form and uses of the surrounding area. Analysis & Recommendation Commitments: There are no commitments proposed at this time. Analysis: Lincoln Way West is a major mixed-use corridor. Rezoning the property to UF would allow for a small scale commercial use that is consistent with the built form and land use of the surrounding area.The UF rezoning would still allow the property to host a full range of residential uses, offering flexibility to respond to the needs of the community. Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 4 of 4 40_ oaLnrv� County-City Building City of South Bend 227 W.Jefferson Blvd. 1400S o South Bend,IN 46601 PLAN COMMISSION (574) 235-7627 www.southbendin.gov/zoning es'AeosHE07.01° February 18, 2025 Filed in Clerk's Office Bianca Tirado South Bend Common Council City Clerk, South Bend, IN 227 W. Jefferson Blvd.,4th Floor South Bend, IN 46601 Re: Bill #05-25—A proposed ordinance of CECILIA BROWN to zone from S I Suburban Neighborhood 1 to OF Urban Neighborhood Flex,property located at 3527 LINCOLNWAY, City of South Bend- #0244-25 Dear Council Members: Please be advised that the February 17, 2025, Plan Commission meeting was cancelled. The above referenced item was scheduled for public hearing at your February 24, 2025, Council meeting. The petition is scheduled for public hearing at the March 17, 2025, Plan Commission meeting. Please set it for public hearing at your March 24, 2025, Council meeting. Feel free to contact our office if you have any questions. Sincerely, Kari Myers Zoning Specialist cc: Bob Palmer Tim Corcoran Tim Corcoran Jason Piontek Planning Director Interim Zoning Administrator Commission President 411 pLAN C County City Building City of South Bend 227 W.Jefferson Blvd. 1400S z South Bend, IN 46601 PLAN COMMISSION (574)235-7627 www.southbendin.gov/zoning F'STABl15HE0 Zp2J January 22, 2025 Filed in Clerk's Office Honorable Committee Chair Davis 4th Floor, County-City Building BiancaTirado South Bend, IN 46601 City Clerk, South Bend,IN RE: 3527 Lincolnway West— PC#0244-25 Dear Committee Chair Davis: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your January 27,2025, Council meeting, and set it for public hearing at your February 24, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the February 17, 2025, South Bend Plan Commission meeting.The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Rezone from S1 Suburban Neighborhood 1 to OF Urban Flex If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran Tim Corcoran Scott Ford Planning Director Interim Zoning Administrator Commission President Filed in Clerk's Office BILL NO. 05-25 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3527 LINCOLNWAY WEST COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Rezone from SI Suburban Neighborhood 1 to UF Urban Flex NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Beginning at a point Ninety-one feet six inches (91.6) West of the Northeast corner of the West Half of the Northeast Quarter(NE '/)of Section Four(4)Township Thirty-seven(37)North, Range Two (2) East; thence running South parallel with the East line of the West Half(W '/2) of the Northeast Quarter(NE '/) of said Section Four(4) to the Northerly line of Lincolnway West, formerly Michigan Road, thence Northwesterly along the Northerly line of said Road Two Hundred Thirty-nine feet (239); thence North to the North line of said Section; thence East along the North line of said Section, Two Hundred Twenty-four (224) feet to the place of beginning; Excepting Therefrom a parcel of land described at a point Ninety-one and five tenths (91.5) feet West of the Northeast corner of the Northwest Quarter (NW '/) of the Northeast Quarter (NE '/) of said Section Four(4),Township and Range aforesaid;thence running due South to the Northerly line of Lincolnway West, formerly Michigan Road;thence Northwesterly along the Northerly line of said road, One Hundred Eight and Twenty-six hundredths (108.26) feet; thence in a due Northerly direction to the North line of said Section; thence East along the Northline of said Section, 100 feet to the place of beginning, all in St. Joseph County, Indiana. be and the same is hereby established as UF Neighborhood Flex SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(0(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth Lee, 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 , 2025, at o'clock . m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2025, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 2 - C. of South Bend 227 W. Jefferson - Suite 1400S y South Bend, IN 46601 PLAN COMMISSION znning(.Lsouthbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number: N` x _a c13 - 1c).y4 Address: 5 D-1 Lwr.cc4ln UA c- We- jvlL rRc,.t DN1 4-Vln ZLI Owner: C,,-e.C_v\.vc. �OLJY\ Legal Description. --1 i / / 6 /as- Project Summary j LOUa lbt 1.44... cc..ZoY.e. 3S'.71 .L,,kn,c.bl h \rJ 4`.` LA-5+, 5D— Q-�-t N, 4 Let..1 c-ro,r•. S'L C S�.b��bn.,. n te: b err\-.000 O OF L urbo.-,t e:, f4,5oa Floc) . S would. v:„, -�o c\)-e..,. o. to.-'-‘ S Qc` .`r‘ S \(\ou.s..� . Requested Action Application includes (check all that apply) `;'` Rezoning Current District: Choose the current district Additional Districts, if applicablE Proposed District Choose the proposed district Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition. (1) The comprehensive Plan; (2) Current conditions and the character of the current structures and uses in each district; (3) The most desirable use for which the land in each district is adapted; (4) The conservation of property values throughout the jurisdiction; and (5) Responsible development and growth. ❑ Subdivision — complete and attach subdivision application El Special Exception — complete and attach Criteria for Decision Making Use requested: ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Contact information Property owner(s) of the petition site: Name: �£Ct ��G � c-OVJV\ Address `jlp ") CT Name: Address: Name: Address: Contact Person: Name: C� � rraL.Vr Address: j Co 6 �ur o�_,� ►.`� c -\, l 1 In I e1 Phone Number: ] 2 DQ(QO E-mail: '(`f\(>tloAr v. cti t ��np , ON\ 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: EXHIBIT "A" Property Description Closing Date: December 4,2024 Buyer(s): Cecilia Brown Property Address: 3527 Lincoln Way West,South Bend,IN 46628 PROPERTY DESCRIPTION: Beginning at a point Ninety-one feet six inches(91.6)West of the Northeast corner of the West Half of the Northeast Quarter(NE 1/4)of Section Four(4)Township Thirty-seven(37)North, Range Two (2) East; thence running South parallel with the East line of the West Half(W 1/2)of the Northeast Quarter(NE 1/4)of said Section Four(4)to the Northerly line of Lincolnway West, formerly Michigan Road,thence Northwesterly along the Northerly line of said Road Two Hundred Thirty-nine feet(239);thence North to the North line of said Section;thence East along the North line of said Section,Two Hundred Twenty-four(224)feet to the place of beginning; Excepting Therefrom a parcel of land described at a point Ninety-one and five tenths(91.5)feet West of the Northeast corner of the Northwest Quarter(NW 1/4) of the Northeast Quarter(NE 1/4)of said Section Four(4),Township and Range aforesaid;thence running due South to the Northerly line of Lincolnway West,formerly Michigan Road; thence Northwesterly along the Northerly line of said road, One Hundred Eight and Twenty-six hundredths(108.26)feet;thence in a due Northerly direction to the North line of said Section;thence East along the North line of said Section, 100 feet to the place of beginning, all in St. Joseph County,Indiana. 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