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Home My WebLink About18-25 Special Exception and Use Variance at 1701 Hickory Road it o f S o u t h Bend County-City Building y 227 W.Jefferson Blvd. 14005 BOARD OF ZONING APPEALS South Bend, IN 46601 (574) 235-7627 Filed in Clerk's Office April 8,2025 Common Council of South Bend Bianca Tirado 227 W.Jefferson Blvd,4th Floor City Clerk,South Bend, IN South Bend,IN 46601 Re:Bill#18-25:The petition of EAST SIDE BASEBALL SOFTBALL ASSOC seeking a Special Exception for Park and Open Space Uses in S 1 Suburban Neighborhood 1 and a Use Variance to allow Entertainment and Recreation,Indoor Use in SI Suburban Neighborhood 1 for property located at 1701 HICKORY RD Dear Council Members: I hereby Certify that the above referenced petition of EAST SIDE BASEBALL SOFTBALL ASSOC was legally advertised on March 28,2025,and that the South Bend Board of Zoning Appeals at its public hearing on April 7, 2025,took the following action: Upon a motion by Kaine Kanczuzewski,being seconded by Caitlin Stevens and unanimously carried,a petition by EAST SIDE BASEBALL SOFTBALL ASSOC seeking a Special Exception for Park and Open Space Uses in S 1 Suburban Neighborhood 1 for property located at 1701 HICKORY RD,City of South Bend, is sent to the Common Council with a favorable recommendation,and will issue written Findings of Fact. Upon a motion by Caitlin Stevens,being seconded by Francisco Fotia and unanimously carried,a petition by EAST SIDE BASEBALL SOFTBALL ASSOC seeking a Use Variance to allow Entertainment and Recreation, Indoor Use in SI Suburban Neighborhood 1 for property located at 1701 HICKORY RD,City of South Bend, is sent to the Common Council with a favorable recommendation,and will issue written Findings of Fact. The staff comments related to this petition are attached.The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office and will be posted on our website once approved. If you have any questions,please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist Attachment CC: EAST SIDE BASEBALL SOFTBALL ASSOC Angela Smith Building Department Bob Palmer Staff Report— BZA#0323-25 April 7, 2025 Property Information Location: 1701 HICKORY RD and 1709 HICKORY RD Owner: EAST SIDE BASEBALL SOFTBALL ASSOC Project Summary ESBSA to develop a baseball and softball complex with multiple fields and an indoor training facility. The new development will allow for hosting of regional tournaments and offer improved opportunities to the area youth. Requested Action Special Exception: to allow Park and Open Space Uses in S1 Suburban Neighborhood 1 Variance(s): 1) Use Variance to allow Entertainment and Recreation, Indoor Use in S1 Suburban Neighborhood 1 2) from the minimum side setback in S1 Suburban Neighborhood 1 of 20' to 0' 3) from the maximum building height in S1 Suburban Neighborhood 1 of 35' to 56' 4) from the minimum parking setback abutting OS Open Space of 20' to 0' 5) from the minimum side yard setback in OS Open Space of 10' to 0' 6) from a required Building Type or Frontage Type Site Location a -� I! 1rRq Y gni ' .,,, VI VI sic HE I ! MI t— ! • is p he.ci,NitilkiLil •:, - : _ ! - , ill 11110 Mir 11111 ma Ammo �r R 1 +!'1 mas Misr sir ■ice air -- MIME NMI —!:.-- "t ;■lam _ ais111▪. i ! . '0� �r .,'- M � .. A ' � 1, I Irr 1 / .Tf:.' 1 j'; ' .. i j�gP p :O' ` �' r .p61 Z" k ; !S)A .r ;ail 1 ' r l'ic '' K,I. €s n1 4y�'L. , I 1, .1 f"N"' -_ ._:� •ltliIi.;III ' F� t. + I =Fa t °2 -Uti-alifily- pip i , iii Staff Recommendation Based on the information available prior to the public hearing, Staff recommends the Board approve the variances as presented and send the Use Variance and Special Exception to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 6 Staff Report—BZA#0323-25 April 7,2025 Proposed Site Plan !,i e, - Alit"' t• T - a �' R1 RRR a* s -. 1 a: 1 e r Li ,. ,i 1 ,. ,ii , , 1 . . 1_],,, ri I 1 ` '''a mat OA RBI`sie L ' .. .. . _ ill, . ; \ ..\,. .. . .. : ,. .,....{J 1 Imo,„„ IfE Y' r_ R'i Y li i • ice' 1 - / ' ^. t - '. ._I 11_ _hl I 4 ' H a �� a 41110 ` ail .....G........�:,. #f , lt! ..1 i4 p" I-f• -:• l . (4 I Sidd i i f ' �� t s E� R'ee �� ,� y $ R' E 6 i4 it ) rat, d ya1 4# /1111 4l !III .E41 � C53 � a 73 ri n ' u ctFr � i [ Y�. _ 7,1 s 5 ' " '�` I� 111 �� l�! ;ii › I. 1 , gi, m 1 „ r ,, ... i „,„., , ,, ;f „.„ „i> z SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 6 Staff Report — RZA#0323-25 April 7,2025 Proposed Site Plan 1 , IA 4 4 i • , k 1 • 1 , i ...„ . : . .0„ . . m. ......., ... ‘ --Aar 1 s =I ii i 1 ,,- ..t d d! , - / 2 ,A ,, . j 0 il h i -4 2 • I 0 I _,..•_..1 '\ r. . • \ . , r , -•I>,-'-'.•---'---.Tc-,A..*1..44-“1.4... , 1° I' OWN. , c.7iir.1 1,lat HI r i 1,. i,'11; 1,•'', • .., r r _,,.....\rr7). ' ,.- ,.,,,,4::i......._ .. _4 - I- • .:1 I I ..• :... .,-..., 3 ' 4" -•: Z -n R , ...1 I I 1 1 it 1 i ..a 6 0 i A e' 1 ''''...' : m•• II i t _ — SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 6 Staff Report—BZA#0323-25 April 7,2025 Proposed Site Plan I f ; 1 1 I. I I 1 I 1 � c) rn 7O ' n rn � rn -� II 1 I I I I I ' I . I 4 I MI 1 1 � . I t c ;; as a ! 1 :b. rr lb 4' r 11 r r 9 q N 11 y R T q� ',i't 1 I i !i as4 8 ^'' psiii : i-•i r SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 6 Staff Report—BZA#0323-25 April 7, 2025 Criteria for Decision Making: Special Exception A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The proposed use as a Park and Open Space in an S1 zoned parcel should not be injurious to the general welfare of the community. The use is contextually appropriate, being bounded on 3 sides by City parks, and will foster a public-private partnership designed to serve the community, offering valuable amenities to the public. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use as Park and Open Space allows for the development of park facilities that will complement the use and value of adjacent areas. The property is located in close proximity to indoor recreational spaces and directly abuts City owned public parks. The development will offer amenities to surrounding residential properties and to the general public. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The proposed use will be consistent in design and use to the surrounding area. Existing baseball fields will be improved and expanded on the property and in the surrounding City owned parks. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with City Plan (2006) Objective PF 5.1: Provide and maintain a range of parks and recreational facilities through the City; Policy PF 5.1.2 Provide a balance of active and passive recreation opportunities in the City park system; and Policy PF 5.1.3 Partner with schools, colleges, private organizations, and neighboring jurisdictions to provide adequate recreation facilities for the general public. Criteria for Decision Making: Variance(s) 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 the variances should not be injurious to the general welfare of the community. The proposed recreation facility is contextually appropriate in use and design but does not correspond well to the building types or maximum height outlined in the zoning ordinance for an S1 zoned parcel. The setback variances address parking and structures SOUTH BEND BOARD OF ZONING APPEALS Page 5 of 6 Staff Report—BZA#0323-25 April 7, 2025 along a common lot line between the two properties in the petition. All external setbacks, buffers, and other zoning requirements will be met. (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 proposed recreation facility is contextually appropriate in use and design and should not adversely impact the use and value of adjacent properties. The setback variances address parking and structures along a common lot line between the two properties in the petition. All external setbacks, buffers, and other zoning requirements will be met. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property The design of the indoor recreation building is contextually appropriate and the added height allows the site to function as an indoor baseball facility. The parking lot and buildings requiring a setback variance straddle the property line between two adjacent parcels being used by a single entity for a coordinated function. Requiring minimum setbacks to be met along the shared property line would limit the overall function of the properties. (4) The variance granted is the minimum necessary The variance granted is the minimum necessary. The proposed recreation facility is contextually appropriate in use and design and the height variance allows for the utility of the site in its capacity as an indoor baseball facility. The setback variances address parking and structures along a common lot line between the two properties in the petition. (5) The variance does not correct a hardship cause by a former or current owner of the property The zoning ordinance does not speak well to a project of this nature, which is contextually appropriate in use and design. Analysis & Recommendation Analysis: The proposed recreation facility is contextually appropriate in use and design. The setback variances address parking and structures along a common lot line between two adjacent parcels being used by a single entity for a coordinated function. The proposed special exception for use as Park and Open Space allows for the development of contextually appropriate park facilities, offering valuable amenities to surrounding residential properties and to the general public. Staff Recommendation: Based on the information available prior to the public hearing, Staff recommends the Board approve the variances as presented and send the Use Variance and Special Exception to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 6 of 6 City of South Bend Filed in Clerk's Office BOARD OF ZONING APPEALS Bianca Tirado March 17, 2025 City Clerk, South Bend, IN Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1701 Hickory Road Use Variance at 1701 Hickory Road Dear Committee Chair Dr. Davis: Enclosed is an Ordinance for the proposed Special Exception and Use Variance at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 24, 2025, Council meeting and set it for public hearing at your April 14, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the April 7, 2025, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: A Special Exception to allow Park and Open Space use in S1 Suburban Neighborhood 1 A Use Variance to allow Entertainment and Recreation, Indoor use in Suburban Neighborhood 1 The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, nicch,L Kari Myers Zoning Specialist CC: Bob Palmer County-City Building I 227 W.Jefferson South Bend, IN 46601 I 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 18-25 - P"^Z 1 8 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1701 HICKORY ROAD COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Special Exception to allow Park and Open Space Uses in S1 Suburban Neighborhood 1 Use Variance to allow Entertainment and Recreation, Indoor Use in S1 Suburban Neighborhood 1 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception and Use Variance be granted for property located at: 1701 Hickory Road, South Bend, IN 46635. 024-1001-0439 In order to permit Park and Open Space Use, and to allow Entertainment and Recreation, Indoor Use in S1 Suburban Neighborhood 1 SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. As to the Special Exception, the Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety,comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. As to the Use Variance, The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the lot included in the variance will not be affected in a substantially adverse manner; 3. The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the lot for which the variance is sought; and 4. The approval does not interfere substantially with the Comprehensive Plan. SECTION V. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION VI. 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 L. 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 p.m. Bianca L. Tirado, City Clerk Office of the City Clerk - 2 - Approved and signed by me on the day of , 2025, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 3 - City of South Bend 227 W. Jefferson - Suite 14005 South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 024-1001-0439 and 024-1001-043601 Address: 1701 & 1709 Hickory Road Owner: East Side Baseball Softball Association and Department of Public Parks Zoning: S1 Suburban Neighborhood 1 Project Summary: East Side Baseball Softball Association is partnering with Venue Parks &Arts to develop a baseball & softball complex with multiple fields and an indoor training facility. The new development will allow for the hosting of regional tournaments and offer improved opportunities to the area youth. Requested Action ❑✓ Special Exception Requested: Park & Open Space Use variance requested: Entertainment& Recreation, Indoor ❑✓ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 1) From the required Building Type or Frontage Type 2) From the 20' Minimum side setback to 0' (S1 Parcel) 3) From the 35' maximum building height in S1 to 56' 4) From the 20' Minimum parking setback abutting OS District to 0' 5) From the 10' Minimum parking setback to 0' (OS Parcel) Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Required Documents ❑ Completed Application (including Criteria for Decision Making and Contact Information) ❑ Site Plan drawn to scale ❑ Filing Fee Criteria for Decision Making Special Exception-ff applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. (1)The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: The proposed uses will not be injurious to the public health, safety, or general welfare of the community. The proposed development will be a public-private partnership designed to serve the community and offer valuable amendities to the general public. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed uses will allow for the development of a park facilities that will compliment the use and value of adjacent areas. The park is located in close proximity to indoor recreation spaces. In addition to the nearby recreational facilities, the proposed development is in close proximity to multifamily and commercial development. The active park space will create a new amenity for the the multifamily to the east and single family to the west. (3)The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: The existing baseball and softball facilities are located on a mix of properties zoned OS Open Space and S1 Suburban Neighborhood 1. The proposed development is primarily located on the portion of the property zoned OS Open Space, which allows for the use. The portion of the development zoned S1 Suburban Development 1 is surrounding by similar and supporting developments consistent with the proposed use. (4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed use is consistent with City Plan (2006) Object PF5.1: Provide and maintain a range of parks and recreational facilities through the City; Policy PF5.1.2 Provide a balance of active and passive recreation opportunities in the City park system; and Policy PF5.1.3 Partner with schools, colleges, private organizations, and neighboring jurisdictions to provide adequate recreation facilities for the general public. Criteria for Decision Making 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 will not be injurious to the public health, safety, and general welfare of the community. The variances requested are along a common lot line, interior to the project. (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 properties should not be impacted by the variances requested because they are interior to the development. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: The strict application of the Ordinance would require setbacks on the interior of the project, which would result in the development being constructed in a manner that is not cohesive. The Ordinance recognizes the development of multiple parcels as a singular zoning lot, but only if under common ownership. The Ordinance does not recognize a common development under a public-private partnership. (4) The variance granted is the minimum necessary, because: The variances proposed relate only to the interior lot lines. The development meets the requirements of the Zoning Ordinance on all exterior lot lines, providing the appropriate buffering and setbacks impacting surrounding properties. (5) The variance does not correct a hardship caused by a former or current owner of the property, because: The variance requested does not correct a hardship caused by the current or former owner. The Ordinance does not anticipate a public-private partnership such as the one proposed. Contact Information Property owner(s) of the petition site: Name: East Side Baseball Softball Association Address: PO Box6112 South Bend, IN 46660 Name: Department of Public Parks Address: 301 S St. Louis Blvd South Bend, IN 46617 Name: City of South Bend Public Parks Address: 321 E Walter St South Bend, IN 46614 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: 1 iYJ,(.J- JJ E •D F III .a- '—? ea..-.,E. ,. _ ,,, *, �o,eta�„ K I L ., ARCHITECTURE •••• • PLANNING •• • nt-W%; 11.,uNCO 'AAY E,1 •••• SOUTHBENC,IN CEED1 '�6112eV _ ..� anvrcn l NE NlgM1 (�.4 4 f JT• _ j1N-tiITF PARKIN!;: [. EXL4TN HREINE ��P (1 1 ' , } I. SC LOT aPPX 645P: \>" - 2- ESLL FIELD I nits) APPX Ist sp. C 3. 4 µ 8 LIIM LOT.APP`P 1 P. 1 TOTAL EXOT APPX 009 SPev-� r li -1 _ a..... i r 1 PROPOSED COUNT: xxP —. . �� _ _ " �`' .�. .. 1 I. TARKIN(iTON LDT.iF<SP. - - A . I', �� _�>a_._.,-•. I TOTAL PROP 194 SP. ''V 1 S # 1 - TOTAL_ONSIIE APP%5995P.,• .. . _ - - i ` . P709141 6 ZONING DATA _ ^ :4 ': 4°' ��r: $ 1709 HICKORY ROAD: 1 e.. y---\ / �` PAZCE.S:020.1001-04]6L1 ♦i +— -� — \i - -�i!Y '/ MIN.SFTDACKSENt4Garent to SI.S2, 8 Tji>�3 I ul IR) ,,, t 1 i`-+ ! _ I �\ I I , i j r" : SREAR:'i MASTER '! - I_ /� -- --,�_- l. �_,.. 1.1 -- I i101 HICKORY ROAD. PLAN �1 _p' % ' PARC II..e 020.10Ut-CASv / WY \' . -- \ �J ----"- -- - ZONING SI SUGRLIDAN R - �— NFIGHBOHHOOU C -- MIN.SFTRACKS 04,In0Jwenua, BOCTH TAR KINGT NPARK .',. - - • a. FRONT 2v^ SoWn Bann.N 4'695 ''''• _ SIDE 20 ISBOEHMPARK a.,\ . _ ___ _-i r` r 0. ROAR ' Sou°Rene.N4661T y I ! S-1 ' i / I ��! 0061 EpSON ROAD �. 4r I 1 t_,� I ��, - PARCELY 02a1004-0'i2 { it t .v. �.- - - a.=s - ]ONING.CS OCEN SPACL KAP,Z4009 \` --f 1 y \ - • aFTR CKS FROST�mM to St SO,.1.UcI - b. -- 1 WEAR IDF.10 141 t `, I al _ s' a ROOD 2. ARCHITECTURAL ".. :-jet..._ i SITE PLAN- , i ,'ON II KO P.N-"10RKoeGmN PARK TARKINGTON _• sti I I fjlI,�,, i = -t..— 1 PARK r" I 1 f ,- 1 1 . •--•--•l^-€`�-�- -, .. _ - i ..1 I mnHlirf.P'. I I _� .� �CCKKC�KC« 1 T,TaN.GTON 90 MASTER PLAN Ai 00 B