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HomeMy WebLinkAbout41-25 Special Exception at 1024 West Thomas Street Filed in Clerk's Office City of South Bend BiancaTirado City Clerk, South Bend, IN BOARD OF ZONING APPEALS June 11, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1024 W THOMAS ST Dear Committee Chair Dr. Davis: Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your June 23,2025,Council meeting and set it for public hearing at your July 14,2025, Council meeting.The petition is tentatively scheduled for public hearing at the July 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: Establish a school in the El Campito Building 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, 714 • Tim Staub Zoning Specialist CC: Bob Palmer County-City Building 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 41-25 Bianca Trado 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 1024 THOMAS STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to establish a school in the El Campito Building 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 be granted for property located at: 1024 THOMAS ST 018-3069-2666 In order to permit School, Pre-K/Primary/Secondary 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. 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. 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 V. 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 - City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number 018 3069 2666 Address: 1024 Thomas Street, South Bend, IN 46601 Owner: El Campito Inc. (Owner) / Trinity Schools, Inc. (Petitioner, Contrac d uyer) Zoning: U1 Urban Neighborhood 1 C rV ,r t, Project Summary: Ely. Seeking a Special Exception to allow the property located at 1024 Thomas Street, z (Urban Neighborhood 1), to be used by Trinity Schools, Inc., as a School, PreK/Primary/Secondary, 21-06.01(f)(1 1), specifically for grades 6-12. Requested Action ..Q Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested:Special Exception to be used as a Primary/Secondary School ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office I J L _� Bianca Tirado City Clerk, South Bend, IN Required Documents ✓❑ Completed Application (including Criteria for Decision Making and Contact Information) 0 Site Plan drawn to scale 0 Filing Fee Criteria for Decision Making Special Exception -if 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: This historic site formerly housed St. Stephen's Catholic School. Recently, El Campito used the site as a child development center. Trinity School looks forward to continuing to educate children here by operating a grade 6-12 classical Christian school, establishing a culture marked by the discovery of truth, the practice of goodness, the creation of beauty, and the development of intellectual and aesthetic habits of mind. We look forward to serving our students and their families and benefitting the surrounding community. The school will meet all applicable building and fire safety codes. For these reasons, the proposed use will not generate any such injuries. (2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: Trinity School believes that the regular presence of children, teachers, and parents at the school site will only increase the safety of the surrounding residential neighborhood, thereby benefitting the adjacent uses and property values. Further, the school will provide an additional educational option for families in the surrounding community, thereby offering an essential amenity. For these reasons, the use of the site as a school would not injure or adversely affect the use of the adjacent area or 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, because: U1 permits institutional uses compatible with the scale and character of the surrounding neighborhood. "The U1 District is established to provide for, promote, and maintain urban neighborhoods located in both the core and outlying areas of the City." 21-03.03(a). Operating a school at this site would promote the surrounding urban neighborhood by advancing a neighborhood planning principle set forth in the Near West Side Neighborhood Plan: "Amenities such as stores, schools, healthcare, entertainment, parks, cultural institutions, and places of worship are within a convenient distance." (4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed use of a grade 6-12 school is compatible with recommendation E 5.1 of the City of South Bend Comprehensive Plan: "Establish and maintain a consistent planning, review, and development process with institutions of higher education, private schools, and the SBCSC to address existing and future school facilities." 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: (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: (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: (4) The variance granted is the minimum necessary, because: (5) The variance does not correct a hardship caused by a former or current owner of the property, because: Contact Information Property owner(s) of the petition site: Name: El Campito Inc. (Owner) Address: 405 East Dubail Avenue South Bend, IN 46613 Name: Trinity Schools, Inc. (Authorized Petitioner Under Contract to Purchase) Address: c/o David Salmon, President 121 North Ellsworth Place, South Bend, IN 46617 Name Address Contact Person: Name: Paul Kane, Trustee for Trinity School; Josh Caneff, Admissions Director Address: 1529 East Washington Street South Bend, IN 46617 Phone Number: (574) 876-6207 (Paul Kane); (503) 209-4399 (Josh Caneff) paulkane99@gmail.com (P. Kane); jcaneff@trinityschools.org (J. Caneff) E-mail: 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: Digitally signed by David Salmon David Salmon Date:2025.06.05 13:45:01 -04'00' MCPHERSON STREET 1 A 'rb I 1 a` 1 ! I r '/'~• 1 o Zo= z C n(r2G) I , I i I L. §1 � fir? • "0,, i En CA 1 1 a 1 Sj iR li E • C a iia FUTURE LOCATION OF TRINITY SCHOOL �` ALLI ANC El —L 11 i CHANGE OF USE i eP I SOUTH BEND.INDIANA tvAls•aRmrlutfaNFO I SFPOI+LINNWIN61