HomeMy WebLinkAbout31-25 Amending the Zoning Ordinance for Property Located at 314 West Chippewa Avenue N0 PLAN co County-City Building
City of South Bend 227 W. Jefferson Blvd. 1400S
° South Bend, IN 46601
PLAN COMMISSION (574) 235-7627
www.southbendin.gov/zoning
637.481.i$HEt 2�2�
May 21, 2025
Filed in Clerk's Office
Honorable Committee Chair Davis
4th Floor, County-City Building friAY 2 1 2025
South Bend, IN 46601
Bianca Tirado
City Clerk, South Bend, IN
RE: 314 W Chippewa— PC#0271-25
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
May 28, 2025, Council meeting, and set it for public hearing at your June 23, 2025, Council
meeting. The petition is tentatively scheduled for public hearing at the June 16, 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:
Change zoning of the parcel from Commercial (C) District to Suburban Neighborhood 2 (S2)
District
If you have any questions, please feel free to contact our office.
Sincerely,
rA
Tim Staub
Zoning Specialist
CC: Bob Palmer
Tim Corcoran Tim Corcoran Scott Ford
Planning Director Interim Zoning Administrator Commission President
op PLAN co
y County-City Building
11�= City of South Bend 227 W.Jefferson Blvd. 14005
South Bend,IN 46601
PLAN COMMISSION (574) 235-7627
www.southbendin.govizoning
FSTgBUSnED
Filed in Clerk's Office
Wednesday,June 18,2025
JUL lJ 263
South Bend Common Council Bianca Tirado
227 W.Jefferson Blvd.,4th Floor City Clerk, South Bend, IN
South Bend,IN 46601
Re: Bill#31-25 - A proposed ordinance of SYCAMORE LAND COMPANY LLC to zone from C
Commercial to S2 Suburban Neighborhood 2, property located at 250 CHIPPEWA AVE, City of South
Bend-PC#0256-25
Dear Council Members:
I hereby Certify that the above referenced ordinance of SYCAMORE LAND COMPANY LLC was legally
advertised on June 6,2025 and that the South Bend Plan Commission at its public hearing on June 16,2025
took the following action:
Upon a motion by Dr. Oliver Davis, being seconded by Tyler Gillean and unanimously carried, a
proposed ordinance of SYCAMORE LAND COMPANY LLC to zone from C Commercial to S2
Suburban Neighborhood 2,property located at 250 CHIPPEWA AVE, City of South Bend, is sent to
the Common Council with a FAVORABLE recommendation, subject to all environmental and
economic considerations being addressed in regards to adjacent land uses per 21-12.07(f)(7).
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,
grAt
Timothy Staub
Zoning Specialist
Attachment
CC: SYCAMORE LAND COMPANY LLC
Bob Palmer
Tim Corcoran Tim Corcoran Jason Piontek
Planning Director Interim Zoning Administrator Commission President
Staff Report— PC#0256-25 June 16, 2025
Property Information
Location: 250 CHIPPEWA AVE
Owner: SYCAMORE LAND COMPANY LLC
Requested Action
Rezone from C Commercial to S2 Suburban Neighborhood 2
Variance(s): Article 21-03.02 (f) Building Height-40' building height to 46' building height for the primary
structure(s)
Project Summary
Rezoning from C to S2 to permit the construction of stacked flats.
Location Map
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Recommendation
Staff Recommendation: Based on information available prior to the public hearing, the staff
recommends the Plan Commission approve the variance and send the rezoning petition to the
Common Council with a favorable recommendation.
SOUTH BEND PLAN COMMISSION Page 1 of 5
Staff Report-PC#0256-25 6/16/2025
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SOUTH BEND PLAN COMMISSION Page 2 of 5
Staff Report-PC#0256-25 6/16/2025
Site & Context
Land Uses and Zoning:
On site: A vacant parcel
North: Across Chippewa Avenue is property owned by the City for utility operations zoned I
Industrial
East: Across a private drive to the movie theater is construction and light manufacturing
companies zoned I Industrial
South: A movie theater and associated parking zoned C Commercial
West: Across a private drive to the movie theater is industrial sales and uses, zoned I Industrial
District Intent:
The S2 District is established to provide for, maintain, and enhance suburban neighborhoods of
primarily apartment complexes or houses grouped together outside of the City's core.
Site Plan Description:
The site will feature several 3 story apartment flats, common space, and parking lots.
Zoning and Land Use History and Trends:
Between 1951 and 1994, the land was a part of a drive-in movie theater; it has a been a vacant lot
since at least 1998.
Traffic and Transportation Considerations:
At this site, Chippewa is a 60'wide street with one lane of traffic in each direction. There are private
drives that buffer the east, west, & south sides of the parcel, owned by the movie theater.
Agency Comments
Agency Comments:
Please advise that the water main (6-inch) on Chippewa adjacent to the site on the south side of
Chippewa will not be adequate to serve this development. There is a 12-inch distribution main on
the north side of Chippewa that would be better suited for connection to this development. We
may need to have our water model updated to confirm the water main size needed for the proposed
development.
The sanitary sewer may require size increases between the development and the connecting
structures to the west (near the railroad corridor) to provide capacity. This development would
discharge municipal sewage into a separated sewer, but it will eventually reach the CSO 18 service
area and the River Crossing Siphon near the Crooked Ewe. The additional volume from this
development should be considered since improvements to CSO 18 are slated as part of the CSO
Long Term Control Plan.
We will need to see a proposed utility layout to provide better feedback on the utility service
network for this development.
Staff Comments:
No additional comments at this time
SOUTH BEND PLAN COMMISSION Page 3 of 5
Staff Report-PC#0256-25 6/16/2025
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 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.
Land Use Plan:
The Future Land Use Map (2006) identifies this area for Commercial (Office & Retail).
Plan Implementation/Other Plans:
None.
2. Current Conditions and Character:
The surrounding neighborhood is mostly light industrial and commercial uses. It is made up of
mostly large single-story structures, parking lots, and vacant land.
3. Most Desirable Use:
The most desirable use is an activation of the parcel that has been vacant for nearly 30 years,
including multi-unit housing to support the Michigan Street Commercial Corridor.
4. Conservation of Property Values:
Developing a new residential project on currently vacant land will contribute to the growth and
value of the surrounding properties.
5. Responsible Development and Growth:
It is responsible to allow multi-unit dwelling development along key transportation corridors that
could activate vacant parcels.
Variance(s)
The petitioner is seeking the following variance(s):
Article 21-03.02 (f) Building Height - 40' building height to 46' building height for the primary
structure(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 will not be injurious to the public health safety, morals, and general welfare of the
community. These will be apartments along a major transportation corridor.
(2) The use and value of the area adjacent to the property included in the variance will not
be affected in a substantially adverse manner.
The use and value of the area adjacent to the property should not be affected in a substantially
adverse manner. The adjacent properties are light industrial or commercial uses having a
significant separation to their buildings. They should not experience substantial impacts to their
use or value related to the construction and operation of apartments.
(3) The strict application of the terms of this Chapter would result in practical difficulties in
the use of the property.
SOUTH BEND PLAN COMMISSION Page 4 of 5
Staff Report-PC#0256-25 6/16/2025
The strict application of the terms of this Chapter would result in practical difficulties in the use of
the property. This application is associated with affordable unit development and to make sure the
financing is accessible, the applicant needs to maximize the number of units and function of the
facility. The strict application of this Chapter could hinder the affordable unit development and not
result in any apartment being built on the land.
(4) The variance granted is the minimum necessary.
The variance granted is the minimum necessary.As the building would still be limited in the number
of stories constructed, this variance is providing steeper roofs to assist with the maintenance of
the property in the winter season.
(5) The variance granted does not correct a hardship caused by a former or current owner
of the property.
The variance granted does not correct a hardship caused by a former or current owner of the
property. The property is a vacant parcel with space for the development of apartments.
Analysis & Recommendation
Commitments: No commitments are proposed at this time.
Analysis: Zoning this property to S2 Suburban Neighborhood 2 will permit the activation of a vacant parcel
that has been dormant for 30+ years. It will help provide additional housing near many amenities,
including commercial uses and major transportation corridors.
Recommendation: Based on information available prior to the public hearing, the staff recommends the
Plan Commission approve the variance and send the rezoning petition to the Common Council
with a favorable recommendation.
SOUTH BEND PLAN COMMISSION Page 5 of 5
tto PLAN cot, County-City Building
City of South Bend 227 W.Jefferson Blvd. 14005
o South Bend,IN 46601
PLAN COMMISSION (574) 235-7627
www.southbendin.gov/zoning
F'Sr4BLKHE02O19
Filed in Clerk's Office
Wednesday,June 18,2025
South Bend Common Council Bianca Tirado
227 W.Jefferson Blvd.,4'h Floor City Clerk, South Bend, IN
South Bend, IN 46601
Re: Bill#31-25 - A proposed ordinance of SYCAMORE LAND COMPANY LLC to zone from C
Commercial to S2 Suburban Neighborhood 2, property located at 250 CHIPPEWA AVE, City of South
Bend-PC#0256-25
Dear Chair Dr. Oliver Davis&Council Members:
The petitioner(SYCAMORE LAND COMPANY LLC)for Bill431-25 has requested the petition be tabled
until the July 14th, 2025 Committee and Council meetings.
Sincerely,
lOrAb
Timothy Staub
Zoning Specialist
Attachment
CC: SYCAMORE LAND COMPANY LLC
Bob Palmer
Tim Corcoran Tim Corcoran Jason Piontek
Planning Director Interim Zoning Administrator Commission President
Filed in Clerk's Office
BILL NO.31-25 '� 2 1
ORDINANCE NO. Bianca Tirado
City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 314
W CHIPPEWA AVE COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH
BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone the property from Commercial (C) District to Suburban
Neighborhood 2 (S2) District.
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:
KERASOTES THEATRES MINOR SUBDIVISION LOT 1
be and the same is hereby established as Suburban Neighborhood 2 (S2) District
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 J. 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 .m.
Bianca L. 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 -
Docusign Envelope ID:23603A52-7DF3-41 D8-B3D1-7795F582A8B7 227 W. Jefferson Suite 1400 S
city of south fiend South Bend, IN 46601
PLAN COMMISSION zoning@southbendin.gov
Petition for Rezoning or Combined Public Hearing
Property Information
Tax Key Number71-08-26-200-004.000-002
Address: W Chippewa Ave, South Bend, IN 46614
Owner: Sycamore Land Company, LLC
Legal Description:
Lot Numbered One (1)as shown on the recorded plat of Kerasotes Theatres minor subdivision recorded June 24,
1997 as document 9724832, in the office of the Recorder of St. Joseph County, Indiana.
Project Summary
The proposed project is a 180-unit multifamily project across 5, 36-unit buildings and a
clubhouse. The 5 residential buildings will be 3-story walk ups. The site will feature above
ground retention.
Requested Action
Application includes (check all that apply)
O Rezoning
Current District: C Commercial Additional Districts, if applicablE
Proposed District S2 Suburban Neighborhood 2 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 Filed in Clerk's Office
(5) Responsible development and growth.
❑ Subdivision — complete and attach subdivision application HAY 2 1 2975
❑ Special Exception — complete and attach Criteria for Decision Making Bianca Tirado
Use requested: City Clerk, South Bend, IN
❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Height Requirement
Required Documents
HCompleted Application (including Contact Information)
Site Plan drawn to scale
RFiling Fee
Additional documents as noted above
Docusign Envelope ID:23603A52-7DF3-41D8-B3D1-7795F582A8B7
Contact information
Property owner(s) of the petition site:
Name: Sycamore Land Company, LLC
Address: 7901 4th St N, Ste 5032
Saint Petersburg, FL 33702
Name:
Address:
Name:
Address:
Contact Person:
Name: Cole R. Caress
Address: 8902 N Meridian St
Indianapolis, IN 46260
Phone Number: (317) 590-3616
E-mail:
ccaress@birgeandheld.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:
"—Signed by:
jart.j. Gel�l�av�
4E SCAB556506414
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CONCEPTUAL SITE PLAN 5.13.2025
F O L E Y Q D E S I G N BIRGE & HELD- SOUTH BEND, IN BIRGE &HELD
www fdeydesign'mm SOUTH BEND,INDIANA
8902 N.MERIDIAN STREET,SUITE 205
INDIANAPOUS,IN 46260
Docusign Envelope ID:A55C8639-8243-4A2E-936B-FC285083BB45
LIty or outn i ena
BOARD OF ZONING APPEALS
Petition for Variance - Special Exception
Property Information
Tax Key Number: 71-08-26-200-004.000-002
Address: W Chippewa Ave, South Bend, IN 46614
Owner: Sycamore Land Company, LLC
Zoning: S2 Suburban Neighborhood 2
Project Summary:
The proposed project is a 180-unit multifamily project across 5, 36-unit buildings and a
clubhouse. The 5 residential buildings will be 3-story walk ups. The site will also feature above
ground retention.
Requested Action
❑ 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:
Developer is requesting a variance to the height requirement of 40'-0" per S2
zoning regulations. For a 3-story building of this type the typical height of the
roof bearing is approximately 31'-0". Based on the Zoning definition (vertical
distance from the average finished grade adjacent to the front of the building
to the highest point of the building) at a 6:12 roof pitch the highest peak
would be 46'-0".
Developer is requesting a variance to increase the requirement by 6'-0".
Required Documents
❑✓ Completed Application (including Criteria for Decision Making and Contact Information)
0 Site Plan drawn to scale
❑✓ Filing Fee
Docusign Envelope ID.A55C8639-13243-4A2E-936B-FC285083BB45
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:
(2) The proposed use will not injure or adversely affect the use of the adjacent area
or property values therein, because:
(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:
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan, because:
Docusign Envelope ID:A55C8639-B243-4A2E-936B-FC285083BB45
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 zoning requirements allow for a 3-story building, so the variance request will
not be outside the intent for the use of the property, it will give the building the
necessary height to allow for a standard roof pitch of 6:12.
(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 variance is asking for a minimal amount of height increase to allow for a
steeper roof slope which will produce a more attractive building massing.
(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 would result in a shallower roof pitch or flat roof which
would add more waterproofing concerns and a less attractive building form.
(4)The variance granted is the minimum necessary, because:
In effort to provide a unit count that aligns with the demand of the area and the
economic goal of the developer, the orientation requirement requested by the
ordinance causes hardship for this subject property.
(5)The variance does not correct a hardship caused by a former or current owner of
the property, because:
The variance will not correct a hardship because the land is vacant.
Docusign Envelope ID:A55C8639-B243-4A2E-936B-FC285083BB45
Contact Information
Property owner(s) of the petition site:
Name: Sycamore Land Company, LLC
Address: 7901 4th St N, Ste 5032
Saint Petersburg, FL 33702
Name:
Address:
Name:
Address:
Contact Person:
Name: Cole R. Caress
Address: 8902 N Meridian St
Indianapolis, IN 46260
Phone Number: (317) 590-3616
E-mail:
ccaress@birgeandheld.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:
S,gned by