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HomeMy WebLinkAbout07-28-2025 Agenda PacketOFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK INTEGRITY | SERVICE | ACCESSIBILITY Jasmine Jackson Matthew Neal Margaret Gotsch CHIEF DEPUTY CITY CLERK / CHIEF OF STAFF DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: BIANCA L. TIRADO, CITY CLERK DATE: THURSDAY, JULY 24, 2025 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, July 28, 2025: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public. Members of the Public may Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/072825CC 4:30 P.M. ZONING & ANNEXATION CHAIRPERSON, DR. DAVIS 1.Bill No. 30-25 - Special Exception at 1114 Mayflower Road 2.Bill No. 39-25 - Special Exception at 1039 Lincoln Way West (Substitute) 3.Bill No. 40-25 - Special Exception at 1527 South Michigan Street 4.Bill No. 42-25 - Amending the Zoning Ordinance for Property Located at 740 North Brookfield Street 4:45 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI 1.Bill No. 43-25 - Amending Section 2-210 of the South Bend Municipal Code to Update Fees and Processes for Public Records Requests Council President Canneth Lee has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Personnel & Finance Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, C. LEE 1. Discussion of Council Agenda 2.Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, July 28, 2025 7:00 P.M. The South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/SBCC072825 1. INVOCATION JOEL MOODY | SUNNYSIDE PRESBYTERIAN CHURCH 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES JULY 14, 2025 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 30-25 PUBLIC HEARING ON 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 1114 MAYFLOWER ROAD COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 39-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE 2 ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1039 LINCOLN WAY WEST & 50 SHERMAN, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA (SUBSTITUTE) 40-25 PUBLIC HEARING ON 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 1527 SOUTH MICHIGAN STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 42-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 740 N BROOKFIELD ST COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 43-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2-210 OF THE MUNICIPAL CODE PERTAINING TO FEES AND PROCESSES FOR PUBLIC RECORDS REQUESTS 8. BILLS ON THIRD READING TIME:______ BILL NO. 30-25 THIRD READING ON 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 1114 MAYFLOWER ROAD COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 39-25 THIRD READING ON 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 1039 LINCOLN WAY WEST & 50 SHERMAN, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA (SUBSTITUTE) 40-25 THIRD READING ON 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 1527 SOUTH MICHIGAN STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 42-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 740 N BROOKFIELD ST 3 COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 43-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2-210 OF THE MUNICIPAL CODE PERTAINING TO FEES AND PROCESSES FOR PUBLIC RECORDS REQUESTS 9. RESOLUTIONS 10. BILLS ON FIRST READING BILL NO. 44-25 FIRST READING ON 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 221 N IRONWOOD DR COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 45-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 4, FOR 54528, 54550, 54570, 54606, 54610, 54638, 54650 WILLIS AVENUE, SOUTH BEND, INDIANA 46-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1432 SOUTH BEND AVE COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 47-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED 431 DUNDEE ST, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ 4 Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English version. Any discrepancies which may be created in the translation are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2025 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-18-2025) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Troy Warner, Chairperson Sherry Bolden-Simpson, Member Karen L. White, Vice-Chairperson Thomas Gryp, Citizen Member Ophelia Gooden-Rodgers, Member Kaine Kanczuzewski, Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Ophelia Gooden-Rodgers, Chairperson Sheila Niezgodski, Member Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member Alice Marie Pickens, Citizen Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Canneth Lee, Member Troy Warner, Member Rachel Tomas Morgan, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Rachel Tomas Morgan, Chairperson Sharon McBride, Member Troy Warner, Vice-Chairperson Dr. Oliver Davis, Member Sheila Niezgodski, Member Savino Rivera Jr., Citizen Member Citizen Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Sharon McBride, Member Sherry Bolden-Simpson, Vice-Chairperson Dr. Oliver Davis, Member Citizen Member Citizen Member PARC COMMITTEE- Venues, Parks, and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Ophelia Gooden-Rogers, Member Karen L. White, Vice- Chairperson Troy Warner, Member Citizen Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member Karen L. White, Vice-Chairperson Rachel Tomas Morgan, Member Citizen Member Citizen Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member Ophelia Gooden-Rodgers, Vice-Chairperson Troy Warner, Member Carl Littrell, Citizen Member Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member Sheila Niezgodski, Vice-Chairperson Sharon McBride, Member Gabriel Murei, Citizen Member Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Sherry Bolden-Simpson, Chairperson Sheila Niezgodski, Member Dr. Oliver Davis, Vice-Chairperson Ophelia Gooden-Rodgers, Member Firdia Johnson, Citizen Member Joseph Mayer, Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Dr. Oliver Davis, Chairperson Troy Warner, Member Rachel Tomas Morgan, Vice-Chairperson Karen L. White, Member Henry Davis Jr., Citizen Member Stacey Odom, Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Sherry Bolden-Simpson, Member 2025 COMMON COUNCIL STANDING COMMITTEES (Rev.03-10-2025) CANNETH LEE, 1ST District Council Member President Council Rules Committee, Member OPHELIA GOODEN-RODGERS, 2nd District Council Member Community Relations Committee, Chairperson Public Works & Property Vacation Committee, Vice-Chairperson Community Investment Committee, Member PARC Committee, Member Residential Neighborhoods Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Residential Neighborhoods Committee, Member Health & Public Safety Committee, Member Information & Technology Committee, Member TROY WARNER, 4TH District Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Health and Public Safety, Vice-Chairperson Council Rules Committee, Member Public Works & Property Vacation, Member PARC Committee, Member Sub-Committee on the Minutes, Member Zoning & Annexation Committee, Member SHERRY BOLDEN-SIMPSON, 5TH District Council Member Utilities Committee, Chairperson Community Relations Committee, Member Information & Technology, Vice-Chairperson Community Investment Committee, Member Sub-Committee on Minutes, Member SHEILA NIEZGODSKI, 6TH District Council Member Personnel & Finance Committee, Chairperson Public Works & Property Vacation, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Community Relations Committee, Member Utilities Committee, Member DR. OLIVER DAVIS, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation Committee, Member Utilities Committee, Vice-Chairperson Information & Technology Committee, Member Personnel & Finance Committee, Member Health & Public Safety Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Vice-President Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member Information & Technology Committee, Chairperson Zoning & Annexation Committee, Vice-Chairperson Council Rules Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Personnel & Finance Committee, Vice-Chairperson Community Investment Committee, Vice-Chairperson Zoning & Annexation Committee, Member Community Relations Committee, Vice-Chairperson PARC Committee, Vice-Chairperson Filed in Clerk's Office City of South Bend r"\Y U7 2025 Bianca Tirado BOARD OF ZONING APPEALS City Clerk, South Bend, IN May 6, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1114 MAYFLOWER ROAD 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 May 12, 2025 Council meeting and set it for public hearing at your June 9, 2025 Council meeting. The petition is tentatively scheduled for public hearing at the June 2, 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 for a School(Pre-k/Primary/Secondary) 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, CrA Tim Staub Zoning Specialist CC: Bob Palmer County-City Building 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning 30-25 City of South Bend County-City Building 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 574) 235-7627 July 9,2025 Filed in Clerk's Office Common Council of South Bend 1ib1 U 9 2025 227 W.Jefferson Blvd,4`h Floor Bianca Tirado South Bend,IN 46601 City Clerk, South Bend, IN Re: Bill#30-25: The petition of RHEDI MANAGEMENT GROUP INC seeking a Special Exception for the use of School, Pre K/Primary/Secondary(21-06.01(f)(I 1)) in the S I Suburban Neighborhood 1 for property located at 1114 MAYFLOWER RD Dear Council Members: I hereby Certify that the above referenced petition of RHEDI MANAGEMENT GROUP INC was legally advertised on May 23,2025 and that the South Bend Board of Zoning Appeals at its public hearing on July 7,2025 took the following action: Upon a motion by Caitlin Stevens, being seconded by Francisco Fotia and unanimously carried, a petition by RHEDI MANAGEMENT GROUP INC seeking a Special Exception for the use of School, Pre K/Primary/Secondary(21-06.01(f)(11)) for property located at 1114 MAYFLOWER 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, ot-rAL Timothy Staub Zoning Specialist Attachment CC:RHEDI MANAGEMENT GROUP INC Building Department Bob Palmer Staff Report— BZA#0331-25 July 7, 2025 Property Information Location: 1114 MAYFLOWER RD Owner: RHEDI MANAGEMENT GROUP INC Project Summary Seeking a Special Exception to allow, to be used as a School, Pre-K/Primary/Secondary, property located at 1114 MAYFLOWER RD. Zoned S1 Suburban Neighborhood 1. Requested Action Special Exception: to be used as a School, Pre-K/Primary/Secondary [21-06.01(f)(11)] Site Location WEN k / r la - PCE S — t W SAMPN',` o- a 1 c.4.." 1 f 9 w z MIIIR, is A t-• 1- ill l',c; 141111111W';digillet . it. 1 . il ) --'11 .mAyttast-..- ii, -1-0,Sei .,.,6-•44ettiper ii_ V :.11,0 4474. -I. K" /0 -- N ..4,--ik e. , ,,,, vs 4tf.rir,?'-. O, ri 1 rygg tl t'r'llio.. . am ", Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 N O Ni L. o N N ro a it ryr- kt ( l it t ay. it -_ A 5MArvWweaaD S MAYFLOWER RDsa Z N7T_T to t O: rn ft3 N. Sb- i,? 0 r Q yOr, N AmU, z I 0 25 50 100 150 200 Legend Project Name:1114 S Mayflower Rd Special Exception Z Feet i"equals 55' f•-.cm. 1J o Created by South Bend Department of Community Investment on:6/27/2025 2:58 PM Q 0 cr et f Staff Report— BZA#0331-25 July 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 should not be injurious to public health, safety, comfort, community moral standards, convenience, or general welfare. The petitioner is establishing a Pre-K program within the Suburban Neighborhood 1 district (S1). It supports the housing uses around it and should 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; The proposed use should not injure or adversely affect the use of the adjacent area or property values therein. It is a pre-k program accessed by a major street in a residential area. It should benefit the adjacent uses and property values by providing an essential amenity. 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 with the character of the district in which it is located and the land uses authorized therein. The S1 district permits institutional uses that are compatible with the scale of the neighborhood. Additional schooling programs provide support to the uses within the district. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is compatible with recommendation E 5.1 of the City 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. Analysis & Recommendation Analysis: A pre-K program fits the surrounding land use and zoning of a suburban residential neighborhood. It supports and enhances the needs of the residents in the surrounding area. It is compatible with City Plan recommendation E 5.1: 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. SOU I H BEND BOARD OF ZONING APPEALS Page 3 or 4 Staff Report—BZA#0331-25 July 7, 2025 Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 Filed in Clerk's Office BILL NO. 30-25 MAY U 7 2025 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 1114 MAYFLOWER ROAD COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request Special Exception to permit use as a School, Pre-K/Primary/Secondary 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: 1114 Mayflower Road, South Bend, IN 46619, 018-8136-4989 In order to permit School, Pre-K/Primary/Secondary use 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 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 - City of South Bend '1 7 W. Jefferson - Suite 1400S outh Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 018-8136-4989 Address: 1114 S Mayflower Road, South Bend IN 46619 Owner: Rhedi Management Inc Zoning: Choose the current district C AI"skoss Project Summary: The property housed a Daycare Program since January 2012. As the new owners of the property we want to reopen the location to serve as a Daycare and Early childhood program for area residents. Requested Action Special Exception/ Use Variance — complete and attach Criteria for Decisionis Making Use requested:Early childhood Program 8c-,o01 "sCS-Q.'C Variance(s) - List variances below, complete and ch Criteria for Decision Making Variance(s) requested: We are requesting authorization for the existing building to be used as an Early childhood center by licensed providers. Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Required Documents Completed Application (including Criteria for Decision Making and Contact Information) El Site Plan drawn to scale 111 Filing Fee Criteria for Decision Making 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 early childhood center will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare because it is designed to serve as a supportive and enriching environment for young children and their families. The center will adhere to all applicable health and safety regulations, including those governing sanitation, fire safety, and building accessibility. Licensed educators and caregivers will provide age-appropriate instruction and care in alignment with state standards. Additionally, the center will promote family engagement, strengthen community ties, and offer an essential service that contributes to the overall well-being and development of children in the area. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed early childhood center will not injure or adversely affect the use of the adjacent area or property values therein because it is a low-impact, community-serving use that complements surrounding residential and institutional properties. The center will maintain a clean, safe, and well-landscaped facility that enhances the aesthetic of the neighborhood and adheres to all zoning and design requirements. Increased daytime activity at the site is expected to promote neighborhood safety and vitality without generating significant noise, traffic, or environmental concerns. Additionally, a 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 proposed early childhood center will be consistent with the character of the district in which it is located and the land uses authorized therein because it aligns with the district's intended purpose to support family-oriented, educational, and community-serving uses. The center will operate during standard daytime hours, maintain a welcoming and orderly presence, and contribute to the social infrastructure of the neighborhood. Its design and operation will reflect the scale and aesthetic of nearby properties, ensuring it integrates seamlessly with surrounding land uses while fulfilling a vital need. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed early childhood center is compatible with the recommendations of the Comprehensive Plan because it supports key priorities such as expanding access to quality education, strengthening neighborhoods, and promoting equitable community development. The center will help meet the growing demand for early learning opportunities, particularly in underserved areas, and contribute to long-term goals around workforce readiness and family support. Criteria for Decision Making 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: Rhedi Management Inc Address: 12720 Jefferson Blvd Mishawaka IN 46545 Name: Rhondy Grandison Address: 12720 Jefferson Blvd Mishawaka IN 46545 Name: Edith Grandison Address 12720 Jefferson Blvd Mishawaka IN 46545 r Contact Person: Name: David Turner Address: 50771 Hollyhock Road South Bend IN 46637 Phone Number: ( 301) 908-5521 davidfturner@gmail.com 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. Prop? r y Owner (s) Si atures: 10'1\ cqvdSO QN City of South Bend BOARD OF ZONING APPEALS June 10, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1039 LINCOLN WAY W Dear Committee Chair Dr. Davis: Filed in Clerk's Office JUN 1 3 2025 Bianca Tirado City Clerk, South Bend, IN 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: Establishing a U-Haul location for vehicle rentals and associated uses. 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, Tim Staub Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning 39-25 PLAN Co4i County-City Building City of South Bend 227 W.Jefferson Blvd. 1400SS/ oSouth Bend, IN 46601 Board of Zoning Appeals 574) 235-7627 www.southbendin.gov/zoning f AQLSi0 1?L i July 9, 2025 Honorable Committee Chair Davis Filed in Clerk's Office 4tn Floor, County-City Building JUL 0 9 2025 South Bend, IN 46601 Bianca Tirado RE: 1039 Lincoln Way West— BZA#0333-25 City Clerk, South Bend, IN Dear Committee Chair Davis: Enclosed is a modified Ordinance for the proposed Special Exception at the above referenced location. The address on the original ordinance was modified from 50 Sherman to 1039 Lincoln Way West to reflect the correct property indicated by the Parcel ID number: 018-1074-311001. If you have any questions, please feel free to contact our office. Sincerely, 0'FA ID Tim Staub Zoning Specialist CC: Bob Palmer Tim Corcoran Tim Corcoran Scott Ford Planning Director Interim Zoning Administrator Commission President Filed in Clerk's Office SUBSTITUTE BILL NO. 39-25 JUL 0 9 2025 ORDINANCE NO. Bianca Tirado 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 1039 LINCOLN WAY WEST & 50 SHERMAN, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Establishing a U-Haul location for vehicle rentals and associated uses. 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: 1039 LINCOLN WAY W 018-1077-3245 1039 LINCOLN WAY W 018-1074-311001 In order to permit Vehicle Sales or Rentals 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 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 - Filed in Clerk's Office JUL U 2025 SUBSTITUTE BILL NO.39-25 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. 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 1039 LINCOLN WAY WEST&50 SHERMAN,COUNCILMANIC DISTRICT NO.1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Establishing a U-Haul location for vehicle rentals and associated uses. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana,as follows: SECTION 1. 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: 1039 LINCOLN WAY W 018-1077-3245 50 SHERMAN 1039 LINCOLN WAY W 018-1074-311001 In order to permit Vehicle Sales or Rentals 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 County-City Building 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend, IN 46601 574) 235-7627 Filed in Clerk's Office July 9,2025 Common Council of South Bend JUL a 2995 227 W.Jefferson Blvd,4th Floor Bianca Tirado South Bend, IN 46601 City Clerk, South Bend, IN Re: Bill#39-25: The petition of FARHAN MOHAMMED seeking a Special Exception for the use of Vehicle Sales or Rentals (21-06.01(k)) in the NC Neighborhood Center for property located at 1039 LINCOLNWAY and 1039 LINCOLNWAY Dear Council Members: I hereby Certify that the above referenced petition of FARHAN MOHAMMED was legally advertised on June 27,2025 and that the South Bend Board of Zoning Appeals at its public hearing on July 7,2025 took the following action: Upon a motion by Francisco Fotia, being seconded by Caitlin Stevens and unanimously carried, a petition by FARHAN MOHAMMED seeking a Special Exception for the use of Vehicle Sales or Rentals (21-06.01(k)) for property located at 1039 LINCOLNWAY and 1039 LINCOLNWAY, City of South Bend, is sent to the Common Council with an unfavorable 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, Timothy Staub Zoning Specialist Attachment CC: FARHAN MOHAMMED Building Department Bob Palmer Staff Report— BZA#0352-25 July 7, 2025 Property Information Location: 1039 LINCOLNWAY and 1039 LINCOLNWAY Owner: FARHAN MOHAMMED Project Summary To allow Vehicle Sales or Rentals (21-06.01(k)) Requested Action Special Exception: Vehicle Sales or Rental [21-06.01(k)] Site Location a T 14f jai ` _ r.. J LINDSEY AVE I c raw i L'71a-,1_ ft.%. I k 4i %., t_ii, I1.,ti' ., tt10 J a, S6-''q/ t , 14111111 10,_ 4AI% - •__ - Iliti % rl %a' , . , 1'4. . I fi L. 4 1 \/Q.Z A., n 4 il*w:-: I- Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with an unfavorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS 0 N OeV M South Bend Zoning N O. gt.e1 tit_1 a i d Q W a a d C7 z z 0 kr) N N W 1 0 r-i In C o a i ' a Q 5/14/2025,10.26:23 AM 1.564 0 CO N ,+__+ 0 0 0.01 0.01 m i m (n n perm,2023_Aerials Crty Limits I r ,' , ' l r Ca I -0 Red Band 1 0 0.01 0.01 0 02 km W 0 WI Comm•sly ll4s ColtTtbs,Ul Sena.,oT Notre Dane.St Jowl CO L to Green.Band_2 cntly GIS, o CpemStaeetw. utlosor, Es n, Tommm, Gam k. Ca. Q In Blue: Band_3 cgrorson Ile lid-Depa mne rt orcomm r rly ouertme et E'-e Q.) 0 nk map I bbe uedbreee we osyasddoes 1ot031e5aE an olrb13l6 emeyorpope Iv let nkm4sloutlbe aedbrpte slug imposts cult Please Cos1SCttle DeparmeltotCanme oaf tsuesmlltbrmore him at or 07e)2456022 I.-ca t~ CIa, CA Staff Report— BZA#0352-25 July 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 should not be injurious to the public healthy, safety, comfort, community moral standards, convenience or general welfare. It is a retail space where vehicles will be rented. The use should not cause any of these nuisances. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use may injure or adversely affect the use of the adjacent area or property values therein. The visual impact of a truck parking lot could have a negative impact on surrounding properties that are seeing infill residential development. 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 is not consistent with the character of the district in which it is located and the land uses authorized therein. The intent of the district and the surrounding neighborhood is to produce an urban, walkable area with non-auto centric uses. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is not compatible with the recommendations of the Near Northwest Neighborhood Plan (2019). The plan calls for the property to be Neighborhood Center as a hub for pedestrian-scale storefront retail and professional offices with active building facades. Vehicle sales and rental does not fulfill this intent. Analysis & Recommendation Analysis: The neighborhood plan calls for the property to be Neighborhood Center as a hub for pedestrian-scale storefront retail and professional offices with active building facades. Vehicle sales and rental does not fit within this guidance. This is a fairly dense neighborhood which is seeing urban infill, it will need a more urban style land use to support that infill. Vehicle rental is more generally meant for suburban areas. Any auto-oriented use in an NC should also be set behind the building. Additionally, the lots involved in the application cross over the public right- of-way in terms of an alley. Such a use would require the city's permission to utilize the right-of- way to conduct business or an alley vacation, which is not established at this time. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with an unfavorable recommendation. SO III 13FyD BOARD OF ZONING APPEALS Page 3 of'', Filed in Clerk's Office BILL NO. 39-25 J U N 1 3 2025 ORDINANCE NO. Bianca Tirado 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 1039 LINCOLN WAY WEST & 50 SHERMAN, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to establish a U-Haul location for vehicle rentals and associated uses. 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: 1039 LINCOLN WAY W 018-1077-3245 50 SHERMAN 018-1074-311001 In order to permit Vehicle Sales or Rentals 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:71-08-02-334-011.000-026 Address: 1039 Lincoln Way West South Bend, IN 46616 Owner: Mohammed Farhan Zoning: NC Neighborhood Center Project Summary: The proposed U-Haul rental business aims to provide a convenient and accessible transportation solution while supporting economic growth by creating jobs, increasing foot traffic to nearby establishments, and contributing to the local economy. Requested Action Special Exception/ Use Variance— complete and attach Criteria for Decision Making Use requested:Vehicle Sales OR Rentals/ U-Haul Rental Services Variance(s) -List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office 13 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 -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: The proposed U-Haul rental service will operate responsibly, minimizing disruption to the community through traffic flow measures, safety compliance, and controlled operating hours. It will serve as a valuable resource for residents and businesses, enhancing transportation convenience while supporting local economic activity. Potential concerns about aesthetics and community standards will be addressed with proper signage, property maintenance, and zoning adherence, ensuring accessibility without negatively impacting public health, safety, or welfare. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The business will be designed and operated to seamlessly integrate with surrounding properties, maintaining the aesthetic and functional integrity of the area. Measures will be taken to minimize any potential impact on traffic flow, noise levels, or environmental conditions, ensuring that neighboring properties retain their value and appeal. Furthermore, the presence of a U-Haul rental facility can increase convenience for local businesses and residents, potentially enhancing the desirability of the surrounding properties rather than diminishing their worth. 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 district currently supports commercial and service-oriented businesses, making this rental facility a natural addition to the existing landscape. The proposed use aligns with the district's economic and developmental goals, supporting local commerce and providing necessary transportation solutions for residents and businesses alike. Additionally, the facility's design and operational practices will be carefully tailored to match the character of the area, preventing any disruption to the established neighborhood atmosphere. 4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The Comprehensive Plan emphasizes responsible land use and economic development, both of which are supported by this proposal. The business will provide an essential service that facilitates mobility and commerce, reinforcing the plan's objectives for accessibility, business growth, and community convenience. Additionally, the proposed operations will be structured to ensure compliance with zoning standards, environmental considerations, and neighborhood cohesion, further aligning with the long-term vision set forth in the plan. 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: N/A 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: N/A 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: N/A 4)The variance granted is the minimum necessary, because: N/A 5) The variance does not correct a hardship caused by a former or current owner of the property, because: N/A Contact Information Property owner(s) of the petition site: Name: Mohammed Farhan Address: 20792 S Gatehouse Dr South Bend, IN 46637 Name: Address: Name: Address: Contact Person: Name: Fares Farhan Address: 1828 Tea Rose Lane Mishawaka, IN 46544 Phone Number: 574-217-1405 faresfarhan1990@gmail.com 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: 1 l 6 Vvf I St. Joseph t wn5socwres LowTaxInfo County LLUO . alum 1039 Lww Farhan Mohammed P.O.Box 11664 South Bend, IN 46616 South Bend,IN 46634 Spring Due by 05/12/2025:$0.00 Fall Due by 11/10/2025:$0.00 1{pP 0.00 v Total Due Q 11 Property Information Tax Year/Pay Year Homestead Credit Filed? 2024/2025 No Parcel Number Over 65 Circuit Breaker? 71-08-02-334-011.000-026 No Duplicate Number Legal Description 62591 Note:Not to be used on legal documents Property Type E 1/2 Lot IA H Cushings Real Section-Township-Range Tax Unit/Description No Info 18-South Bend-Portage Parcel Acres Property Class No Info COMMERCIAL DRIVE-IN RESTAURANT Lot Number No Info Mortgage Company None Block/Subdivision TIF No info 126 River West 1-SB Portge 026 South Bend Zoning fC:4-- Lck', s_- yet 5/14/2025, 10:26:23 AM 1:564 Aerials 0 0 0.01 0.01 mi 2023Parcel EJ City Limits I - ,.— , ' I I , . y I Red: Band 1 0 0.01 0.01 0.02 km Green:Band 2 Esri Community Maps Contributors, University of Notre Dame,St Joseph County GIS, ® OpenStreetMap, Microsoft, Esri, TomTom, Garmin, Blue: Band_3 City of South Bend-Department of Community Investment This map is to be used for reference only and does not constitute an official survey of property lines.This map should be used for planning purposes only.Please contact the Department of Community Investment for more information(574)245-6022 City of South Bend BOARD OF ZONING APPEALS June 11, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1527 S MICHIGAN ST Dear Committee Chair Dr. Davis: Filed jn Clerk's Office JC J 1 3 2T5 Bianca Tirado City Clerk, South Bend, IN 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: Establishing an auto repair shop (vehicle service, minor) on the property. 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, Tim Staub Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning 40-25 C •ity of South Bend County-City Building 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 574)235-7627 Filed in Clerk's Office July 9,2025 Common Council of South Bend J u` [1 9 2025 227 W.Jefferson Blvd,4t'Floor Bianca Tirado South Bend, IN 46601 City Clerk, South Bend, IN Re: Bill#40-25:The petition of 1527 MICHIGAN LLC seeking a Special Exception for for use of Vehicle Service, Minor (21-06.01(k)(23)) in the NC Neighborhood Center for property located at 1527 and 1527 MICHIGAN ST Dear Council Members: I hereby Certify that the above referenced petition of 1527 MICHIGAN LLC was legally advertised on June 27,2025 and that the South Bend Board of Zoning Appeals at its public hearing on July 7,2025 took the following action: Upon a motion by Francisco Fotia, being seconded by Caitlin Stevens and unanimously carried, a petition by 1527 MICHIGAN LLC seeking a Special Exception for for use of Vehicle Service,Minor for property located at 1527 and 1527 MICHIGAN ST, 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, frAl Timothy Staub Zoning Specialist Attachment CC: 1527 MICHIGAN LLC Building Department Bob Palmer Staff Report— BZA#0354-25 July 7, 2025 Property Information Location: 1527 and 1527 MICHIGAN ST Owner: 1527 MICHIGAN LLC Project Summary To establish a Vehicle Service, Minor in an existing building Requested Action Special Exception: for use of Vehicle Service, Minor [21-06.01(k)(23)] Site Location t 111111111116 It. 04••. 4,- 17.:. i fi fl, iI1•=_1rN11'i1d1i1 x A)? s:7TI.I.- i + 4, r:. 7-,,-:,„ 1!.-.-0.-:.'14. ...i-0... M_AO ilia"'. . ", E, i 4.-_ I_ le- HANEY AV t t !... r--... r •, . oi iiiii till VY INDIA 6 1 r _, ,e,_,,_ I. aw rF, ,, 1... fixp i- I DUB IL AE Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with an unfavorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report— BZA#0354-25 July 7, 2025 Proposed Site Plan it N N O S 4N. f1. 1 It 1 ttl o um o r fND k - myjiiV 1H"d jg k ,- Yr 3I l J6 4 a tom,. N. do HP t j i Ft f1.1 loftd IYGAN 37 i..__s— g m m m 0 T ,1_ SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0354-25 July 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 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 the adjacent area or property values therein; The proposed usemay injure or adversely affect the use of the adjacent area or property values there in. The visual impact of a long term vehicle storage could have a negative impact to surrounding property values that are seeing infill residential development. The applicant would need to add street trees and bring the existing lot up to standards. 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 is not consistent with the character of the district in which it is located and the land uses authorized therein. The intent of the district and the surrounding neighborhood is to produce an urban, walkable area with non-auto centric uses. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is not compatible with the recommendations of the 2015 Southeast Neighborhood Plan, which calls for a dense commercial use at the Michigan-Indiana intersection that serves as a walkable neighborhood center. Additionally, the 2020 zoning map designated this as a Neighborhood Center district for a mixture of storefront retail and professional offices with active building facades. Analysis & Recommendation Analysis: This block of S. Michigan Street is intended to be more neighborhood and pedestrian oriented. Neighborhood Center zoned lands are meant to serve local residential uses with a more active facade and little to no auto-centric uses. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with an unfavorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 3 uf. Filed in Clerk's Office BILL NO.40-25 J U N 1 3 2025 ORDINANCE NO. Bianca Tirado 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 1527 S MICHIGAN ST COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to establish an auto repair shop (vehicle service, minor) on the property. 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: 1527 S MICHIGAN ST 018-8005-027801 In order to permit Vehicle Service, Minor 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 6601 BOARD OF ZONING APPEALS South Bend, IN zoning@southbendin.gov Petition for Variance - Special Exception Property Informatio Tax Key Number: 71-08-13-156-031.000-026 Address: 1527 Michigan Street South Bend, IN 46628 Owner: 1527 Michigan LLC Zoning: NC Neighborhood Center JUN 0 it 2025 Project Summary: BY: The proposed auto repair shop will be ensuring compatibility with surrounding businesses. The shop will provide essential vehicle maintenance and repair services to the community, enhancing transportation reliability and local economic activity. Requested Action Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested:Auto Shop/Mechanic Shop Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office d : ' 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 - 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: The auto shop will follow all safety regulations, including fire codes and environmental protections. It will provide a valuable service to the community by offering vehicle repairs and maintenance, enhancing transportation reliability. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The shop will be designed to minimize noise and emissions. Proper site planning, landscaping, and buffer zones will ensure that nearby properties maintain their value and appeal without disruption. 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 proposed business aligns with existing commercial or mixed-use zoning policies. It complements other businesses in the area and supports the local economy. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: he business fits within the city's long-term development goals, bringing employment opportunities and economic growth while maintaining responsible land use. 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: 1527 Michigan LLC Address: PO BOX 11664 Sourh Sena, IN 46634 Name: David Farhan Address p828 E Jefferson Blvd South Bend, IN 46615 Name: Address. Contact Person: Name: Fares Fahran Address: 1828 Tea Rose Lane Mishawaka, IN 46544 Phone Number: 574-217-1405 farestarhan1990@gmail.com 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: �o PLAN Co ,._� v' .:::> --,;, 0 0 Vl Z Fsr48USHE01°,.1:.) City of South Bend PLAN COMMISSION Tuesday, July 22, 2025 South Bend Common Council 227 W. Jefferson Blvd., 4th Floor South Bend, IN 4660 I County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office J L 2 3 n:5 Bianca Tirado City Clerk, South Bend, IN Re: Bill#42-25 - A proposed ordinance of VIDA NU EV A SOUTH BEND CHRUCH OF GOD BY CARPINTEYRO JORGE to zone from I Industrial to U3 Urban Neighborhood 3, property located at 740 BROOKFIELD ST, City of South Bend -PC# 0262-25 Dear Council Members: I hereby Certify that the above referenced ordinance of VIDA NUEV A SOUTH BEND CHRUCH OF GOD BY CARPINTEYRO JORGE was legally advertised on July 18, 2025 and that the South Bend Plan Commission at its public hearing on July 21, 2025 took the following action: Upon a motion by Dr. Oliver Davis, being seconded by Scott Ford and unanimously carried, a proposed ordinance of VIDA NUEVA SOUTH BEND CHRUCH OF GOD BY CARPINTEYRO JORGE to zone from I Industrial to U3 Urban eighborhood 3, property located at 740 BROOKFIELD ST, 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, or� Tim Staub Zoning Specialist Attachment CC: VlDA NUEV A SOUTH BEND CHRUCH OF GOD BY CARPINTEYRO JORGE Bob Palmer Tim Corcoran Planning Director Tim Corcoran Interim Zoning Administrator Francisco Fotia Commission President 42-25 Staff Report— PC#0262-25 July 21, 2025 Property Information Location: 740 BROOKFIELD ST Owner: VIDA NUEVA SOUTH BEND CHURCH OF GOD BY CARPINTEYRO JORGE Requested Action Rezone from I Industrial to U3 Urban Neighborhood 3 Project Summary The petitioner, which is the church on the lot to the east, is seeking to rezone their property from Industrial to U3 Urban Neighborhood 3. Their intention is to use the property for residential purposes, which is not allowed under the current I zoning. Location Map A , ..t o • w `7 juju:r n 7 4 1 ,, i`.illark 4r' J 1- Z Y pC_n 1 I. Q d Z W 1‘I. 100* I ill r14, I RUPELST 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 JUL2 5 Page 1 of 4 Bianca Tirado City Clerk, South Bend, IN o 0 MS n sfir Site Plan N a 00 cn I rP CD 0 o A• DII N n Z a U izk CD0N II g w,,r N K Alley N t ci U cpZEn Fence 8ft 24 ft ft 15 — 15fto II 14.5ftv i 40 1 1 I an 10 ft. House 1lft z 1 17ft - 19ft - t 42.5 tt 120n 0 Owner Name'.VIDA NUEVA SOUTH BEND CHURCH OF GOD,INC Property Address:725 COLLEGE ST Owner Name:VIDA NUEVA SOUTH BEND CHRUCH OF GOD BY CARPINTEYRO JORGE 0 2a IPropertyAddress:740 N BROOKFIELD ST Parcel State ID:71-08-03-431-006.000-026 vco co V 0 v A N N O N) 01 Staff Report-PC#0262-25 7/21/2025 Site & Context Land Uses and Zoning: On site: A 1 unit dwelling zoned I Industrial North: Across an alley, a 1 unit dwelling zoned U3 Urban Neighborhood 3 East: A church zoned I Industrial South: A field, a church, and a parking lot zoned I Industrial West: Across Brookfield Street, a commercial bakery zoned I Industrial District Intent: The U3 District is established to provide for, promote, and maintain the development of a full range of housing types located near neighborhood centers and along major streets in urban neighborhood centers and along major streets in urban neighborhoods in core and outlying areas of the City. Site Plan Description: The petitioner wishes to rezone the property to U3 so that someone can live in the existing detached house, which is not allowed under the current Industrial zoning. Zoning and Land Use History and Trends: There has been a detached house on the property since about 1913. Traffic and Transportation Considerations: Brookfield Street is a 32' wide street with one lane of traffic in each direction and on-street parking. Agency Comments Agency Comments: Engineering would like to remind the petitioner that maintaining the sidewalk and curb, which likely need improvement, is their responsibility. Staff Comments: No additional 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: In the city's comprehensive plan, Objective H 2 is to "maintain South Bend's housing stock in good condition," and Policy H 2.3 specifically identifies the need to "support the efforts of community organizations to rehabilitate and repair older homes." Land Use Plan: This property falls within the Kennedy Park neighborhood. In the 2022 neighborhood plan, the future zoning map shows the parcel as industrial. Plan Implementation/Other Plans: Strategy 3 in the 2022 Kennedy Park neighborhood plan outlines a desire to "develop and preserve housing in the neighborhood," with action item 3.1 specifically saying to "support the production of a range of housing types including new construction and rehabilitation of market rate and affordable units for owner and rental housing." 2. Current Conditions and Character: SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report-PC#0262-25 7/21/2025 The surrounding structures are mostly one story, and are a mix of homes, industrial buildings, and a few commercial properties, as well as the petitioner's church. Some buildings appear to be occupied while some appear to be vacant. 3. Most Desirable Use: The most desirable use for this property would be to restore it to an occupied residential use, as there has been a home on the site for more than one hundred years, but the current structure is nonconforming with its zoning designation. 4. Conservation of Property Values: Allowing this vacant home to be occupied may help to increase the value of this specific property, as well as surrounding properties. 5. Responsible Development and Growth: Rezoning this parcel would allow for the use of an existing structure that already has utilities provided, exhibiting a responsible and low-impact instance of development. Analysis & Recommendation Commitments: No commitments are proposed at this time. Analysis: Although the neighborhood plan recommends that this parcel stay zoned as industrial, rezoning it to U3 would fulfill a goal of the Kennedy Park neighborhood plan to rehabilitate housing units in the area, as well as two related goals within the city's comprehensive plan to maintain the city's existing housing stock and support community organizations in rehabilitating older homes. Additionally, it would create continuity with the U3 zoning of other residential parcels immediately to the north and allow for the use of an existing building. 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 O NOpLANCo4f County-City Building City of South Bend 227 W. Jefferson Blvd. 1400S T y I° South Bend, IN 46601 PLAN COMMISSION 574) 235-7627 www.southbendin.gov/zoning r"gausr,Lc..,. Filed in Clerk's Office June 25, 2025 l Honorable Committee Chair Davis Bianca Tirado 4th Floor, County-City Building City Clerk, South Bend, IN South Bend, IN 46601 RE: 740 N Brookfield St— PC#0259-25 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 July 14th, Council meeting, and set it for public hearing at your July 28, Council meeting. The petition is tentatively scheduled for public hearing at the July 21, 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 I Industrial to U3 Urban Neighborhood 3 to permit residential use. 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 Filed in Clerk's Office BILL NO. 42-25 J U L U 7 n25 Bianca Tirado ORDINANCE NO. 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 740 N BROOKFIELD ST COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to rezone from I Industrial to U3 Urban Neighborhood 3. 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: LOT 7 MOONS 2ND be and the same is hereby established as U3 Urban Neighborhood 3 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 - Lity of South bend PLAN COMMISSION Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number: 0/ P, --- 2oi? — 01%4 Address: -4c) nJ. g c-io lc ri EL' n: Owner: V,rJe4 Nueva so%(7y.! 66,,,o ('h;,,w4 of 6 cj„) Legal Description: Filed in Clerk's Office JUL 0 7 2025 Bianca Tirado City Clerk, South Bend, IN Project Summary Ato 1 I, L DLO u.S i G(Z.cit L To -. 1/r7 v /AL er• 3?02S 70 (6>1. ,-r j c_iti 6 tti 6' HoviC Requested Action Applic tion includes (check all that apply) Rezoning Current Districthoose the current district Additional Districts, if applicable Proposed District Choose the proposed district U3 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 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 RCompleted Application (including Contact Information) Site Plan drawn to scale R Filing Fee Additional documents as noted above Contact information Property owner(s) of the petition site: Name: t; r OA .tip;; uA Co; iH /'ENS Cf/utz.H c;— 606 Address: 7-.35 CQLL E:G,E- :S7. o_i,k /3&-x-/, S,`-, . 46.6ae, -Z3v4 Name: Address: Z11‘ 11 dress: Contact Person: Name: Ric-AiL0c e,143 ,4L Address: .9 / 44 7,„2.iz,., DAB_ 50,:-:.# C6 T,-, 4 6 G Phone Number: ( Y) 340.3YGc E-mail: rc --f,x L.;,e—fy-,,p- fGG0_:2: {'i! Cic.1/oolC_ cj ^, 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 l" Site Plan N i " 1 4-4-._.)- Alley II Fnce 8ft 15 ft 1- 24 ft 6 ft u) 1 414.5 ft--1 I i 40 It i I m loft -__ • House 18 ft z 17ft - 1151• 19 ftiI J I 42.5 ft I $ 120t1 Owner Name VIDA NUEVA SOUTH BEND CHURCH OF GOD.INC Property Addre s.725 COLLEGE ST Owner Name: VIDA NUEVA SOUTH BEND CHRUCH OF GOD BY CARPINTEYRO JORGE o 20' 40 Property Address: 740 N BROOKFIELD ST Parcel State ID: 71-08-03-431-006.000-026 l:200 (t>UNTY-CITY BL'.ILDINC; 227 \\:' jl·.l·l'l·:RS<lN BOLi/./•:\· \RD St>L1TII B1-:1-m, l"-Dl.\N \ 46601-[830 Pl/( lNI•: 574/235-924 l F.\X 574/235-7670 TI1· 574/235-5567 CITY OI· OUTI I B1-:ND J.\..i.\IES �IUELLER, M \ \'C)R S.\1\il)R.\ Kl-:1':Nl·DY CORl'OI{ \ 1·10'\i COL'�SI :1. Honorable Sheila Niezgodski 4th Floor, County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 DEPARTNIENT OF LAW July 8, 2025 Jl•:NN.\ K. Ti IRO\\' CITY r\'ITOR:---11•:Y Filed in Clerk's Office JUL O 8 2 25 Bianca Tirado City Clerk, South Bend, IN Re: Submission of Ordinance Amending Section 2-210 of the South Bend Municipal Code Dear Committee Chair Niezgodski: Enclosed for your review is a proposed ordinance amending Section 2-210 of the South Bend Municipal Code, which addresses fees and processes for public records requests. The revised ordinance makes several key updates to this section, including moving the fees to a fee schedule, adopting fees for review and redaction of law enforcement recordings, prohibiting use of certain records for commercial purposes, and clarifying the handling of fees for record certification. I respectfully request that this ordinance be placed on the Council agenda for first reading at your July 14, 2025 meeting, and be scheduled for public hearing, second, and third reading at the July 28, 2025 meeting. I will be presenting the Ordinance. A full copy of the proposed ordinance is attached for your reference. Should you have any questions or require additional information, please do not hesitate to contact me at jthrow@ southbendin.gov. JT/bm DANIELLE \VEISS THONIAS E. PANOWICZ Sincerely, �7fuw-Jenna Throw City 1\ttorney MICHAEL SCHMIDT ADAME. TAYLOR KYLIE CONNELL JOHN DORBIN,JR. 43-25 Filed in Clerk's Office JUL 0 8 2025 BILL NO. 43-25 Bianca Tirado ORDINANCE NO.City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING SECTION 2-210 OF THE MUNICIPAL CODE PERTAINING TO FEES AND PROCESSES FOR PUBLIC RECORDS REQUESTS STATEMENT OF PURPOSE AND INTENT Section 2-210 of the South Bend Municipal Code provides the regulations governing the fees for delivery of documents requested through the Access to Public Records Act, as well as fees for specific public safety services. The proposed ordinance provides key updates to this Section, including a revision to shift the list of specific fees to a fee schedule from the Municipal Code, which will assist with the process for requesting future revisions from the Common Council. The proposed ordinance also includes an update to include a provision, consistent with Indiana law, that no fee shall be charged for electronic transmission of records in most circumstances, unless specified by state law or court order. The proposed ordinance clarifies the language regarding certification of records and clarifies the appropriate processing of fees for certification. The proposed ordinance includes a provision permitted by Indiana Code 5-14-3-3(e) that prohibits the use of certain requests for information from an electronic data storage system for commercial purposes. The proposed ordinance, together with the fee schedule, incorporates updates permitted by Indiana Code 5-14-3-8(g)(1)to permit charging for the direct costs of producing law enforcement recordings, which includes the significant time spent in reviewing and redacting law enforcement recordings consistent with the requirements of the Access to Public Records Act prior to delivery. Review and redaction of law enforcement recordings represent a significant proportion of the time spent responding to public record requests, and adopting the charges permitted by Indiana law is expected to generate beneficial revenue for the purposes set forth in the proposed ordinance. The proposed ordinance also incorporates guidelines set forth by Indiana Code 5-14-3-8(1) for the expenditures that may be funded with fees collected for the production of a law enforcement recording. This ordinance amendment is necessary for the effective, efficient administration of the Access to Public Records Act process. This ordinance is in the best interest of the City and its residents. Page 1 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Section 2-210 of the South Bend Municipal Code shall be amended as follows: Sec. 2-210. Generally. a) The Common Council shall adopt by Ordinance a fee schedule establishing reasonable fees for delivery of documents delivered as public records under I.C. 5-14-3-2 and providing of specified public safety services, to be paid by the requesting party not later than the time of delivery of each of the services or records described. The fee schedule may be accessed on the City's website or upon in person request. b) No fee shall be charged for inspection of the public records indicated above where a copy is not provided or for electronic copies of records provided by electronic mail, except where a certification, copying, or search fee is specified by statute or by court order. c) The City shall require payment by the purchaser in advance of the City's production of the record. d) The additional charge for certification shall be deposited into the same fund as the fees collected for the copies of records. e) A person who receives information from an electronic data storage system as described in Indiana Code 5-14-3-3(d)may not use the information for commercial purposes, including to sell, advertise, or solicit the purchase of merchandise, goods, or services, or sell, loan, give away, or otherwise deliver the information obtained by the request to any other person for these purposes. Use of the information for the preparation or publication of news, for nonprofit activities, or for academic research is not prohibited. A person who uses such information contrary to this subsection may be prohibited by the City from obtaining further records under Indiana Code 5-14-3-3(d). f) Any fees collected pursuant to this section by the South Bend Police Department, other than for law enforcement recordings, shall be deposited into the law enforcement continuing education fund for training supplies and equipment with all interest earned on the monies deposited in said fund be retained therein. g) Any fees collected for law enforcement recordings by the South Bend Police Department shall be deposited into the law enforcement continuing education fund and used for one (1) or more of the following purposes: 1) To purchase cameras and other equipment for use in connection with the South Bend Police Department's law enforcement recording program; 2) For training concerning law enforcement recording; or 3) To defray the expenses of storing, producing, and copying law enforcement recordings. Money from a fee described in this subsection, together with all interest earned on the monies deposited in said fund is to be retained therein and does not revert to the general fund at the end of the fiscal year. Page 2 of 3 h) Any fee collected pursuant to this section by the South Bend Fire Department shall be deposited into the E.M.S. Capital Fund for capital purchases and leases of E.M.S. equipment, firefighting equipment, and fire station repairs as further addressed in Section 9- 17 of the South Bend Municipal Code. Ord. No. 9092-00, § I; Ord. No. 9510-04, §§ I, II; Ord. No. 9568-05, § I; Ord. No 9677-06, § I, 5-22-06; Ord. No. 9780-07, § I, 8-27-07; Ord. No. 9880-08, § I, 11-10-08) SECTION II. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, declared to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared. SECTION III. This Ordinance shall be effective January 1, 2026. 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 Page 3 of 3 Filed in Clerk's Office JUL082025 Bianca Tirado City Clerk, South Bend, IN Fee Schedule The following reasonable fees are established,to be paid by the requesting party not later than the delivery time of each of these services or each of these documents described: 1) Each page of any document which is a public record under I.C.5-14-3-2 which is not excepted from disclosure. a. Noncolor photocopy 0.10 b. Color photocopy 0.25 2) Motor vehicle accident reports 8.00 3) Police summary report(a form of report which does not exist as a record prior to public request and is not explicitly mentioned in this section): a. Victim 5.00 b. All others 8.00 4) Police Department crime statistic compilation (a form of report which does exist as a public record prior to public request)8.00 5) Audio tapes or CDs, per item: a. Those reproduced by the City of South Bend 10.00 b. Those requiring outside resources(plus outside costs)2.00 6) Photographs: a. Those reproduced by the City of South Bend from its negatives(no larger than 8"x 10")by laser 1.00 b. Those reproduced by the City of South Bend using color sub-dye print method 5.00 c. Enlargement of Polaroid or reproductions requiring outside resources(plus outside cost)2.00 7) Fingerprinting an individual(per card) 10.00 8) Fire Investigation reports 25.00 9) Blueprints, per page 6.00 10) Videotapes or DVD, per item: a. Those reproduced by the City of South Bend 10.00 b. Those requiring outside resources(plus outside costs)2.00 11) Law enforcement recordings: a. May be charged$50.00 per hour, up to$150.00 per recording, based on actual time spent to search, log,download, review, upload,edit/redact and process each video associated with the incident requested. (i.e.,if the request includes two recordings,total cost may be up to$300.00). Data discs, per disc 3.00 12) Maps, per square foot of paper 1.00 13) EMS report 15.00 14) Motor or recreational vehicle inspection and rebuilt salvage inspection: a. Occurring at the Police station 5.00 Page 1 of 2 b. Vehicle inspection occurring away from the Police station 15.00 c. Rebuilt salvage inspection occurring away from the Police station 50.00 15) Limited criminal history reports a. Request from the subject for a copy of his/her limited criminal history 7.00 b. Copy of limited criminal history on another person 7.00 However such requests shall be provided free if mandated by I.C. 10-13-3. 16) Providing materials other than public records request 10.00 Unless described in other specific categories: Per page(non-color)0.25 Per page(color)0.50 Per tape 15.00 For first photograph 15.00 For all others 5.00 17) Requested mailing of public records: a.Standard business size or smaller envelope 2.00 b. Manila envelope 9"x 12"or larger 3.00 c. Package 5.00 18) CPAT testing offered to other Fire Departments: a. Set up and break down costs 700.00 b. Training session conducted by SBFD 350.00 c. Testing conducted by SBFD(per applicant)45.00 19) Processing fee for Police Department towing process fees 10.00 20) No trespass signs: 5.00 21) If an individual wishes to have any records certified by the City Clerk or any employee of the City of South Bend,there shall be a five dollar($5.00)charge for the certification in addition to the charges,if any,set forth above. Page 2 of 2 Filed in Clerk's Office JUL G8 2025 Bianca Tirado City Clerk, South Bend, IN BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING SECTION 2-210 OF THE MUNICIPAL CODE PERTAINING TO FEES AND PROCESSES FOR PUBLIC RECORDS REQUESTS STATEMENT OF PURPOSE AND INTENT Section 2-210 of the South Bend Municipal Code provides the regulations governing the fees for delivery of documents requested through the Access to Public Records Act,as well as fees for specific public safety services. The proposed ordinance provides key updates to this Section,including a revision to shift the list of specific fees to a fee schedule from the Municipal Code, which will assist with the process for requesting future revisions from the Common Council. The proposed ordinance also includes an update to include a provision, consistent with Indiana law, that no fee shall be charged for electronic transmission of records in most circumstances,unless specified by state law or court order. The proposed ordinance clarifies the language regarding certification of records and clarifies the appropriate processing of fees for certification. The proposed ordinance includes a provision permitted by Indiana Code 5-14-3-3(e)that prohibits the use of certain requests for information from an electronic data storage system for commercial purposes. The proposed ordinance,together with the fee schedule,incorporates updates permitted by Indiana Code 5-I4-3-8(g)(1)to permit charging for the direct costs of producing law enforcement recordings,which includes the significant time spent in reviewing and redacting law enforcement recordings consistent with the requirements of the Access to Public Records Act prior to delivery. Review and redaction of law enforcement recordings represent a significant proportion of the time spent responding to public record requests, and adopting the charges permitted by Indiana law is expected to generate beneficial revenue for the purposes set forth in the proposed ordinance. The proposed ordinance also incorporates guidelines set forth by Indiana Code 5-14-3-8(I) for the expenditures that may be funded with fees collected for the production of a law enforcement recording. This ordinance amendment is necessary for the effective, efficient administration of the Access to Public Records Act process. This ordinance is in the best interest of the City and its residents. Page 1 of S NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. Section 2-210 of the South Bend Municipal Code shall be amended as follows: Sec.2-210.Generally. a) The Common Council shall adopt by Ordinance a fee schedule establishing reasonable fees for delivery of documents delivered as public records under I.C.5-14-3-2 and providing of specified public safety services. to be paid by the requesting party not later than the time of delivery of each of these services or each-of these-records documents-described,_The fee schedule may be accessed on the C'itv's vebsite or upon in person reuucst. ublic record wader I.C. 5 14 3 2 which is not • Formatted:List 1 b. Color photo copy 0.25 a. Victim5.00 5) Audio tapes or CDs,per item: t 40-12-hetegtoplis faser l-.00 cost 12_.00 8) Arson rcports25.00 10) Videotapes or DVD.per item: J ob..the Ci.. fSouth n al0 00a. 1dSC reprodtl Ec" —nrc-crro-vvanrocrrar.vw Page 2 of S 1+,---4:hese--r-eqtttFif)g-atttsitle-r-este-eor,ts-)2,08 I I)Data discs,per disc3.00 13)EMS report l 5.00 b. Vehicle inspection occur ng a vay om-th lrce stat;on30.000 However stteh request shall be-provided treeit',:tandate421-byI C. 10 12 3. Per page°.10 Per tapel5.00 For-41-41ler-s.5400 b. Manila envelope 9"x 12"or larger3.00 u.,cl...ge:00 t a. Yearl handgun liven a-ap icatioon 0.00 40.!`PAT• of e_ed r oth,_1.i_e D.p a. Set and-break down-eosts70. 'trt.00 gs .. 22)No trespass signs: Page 3 of 5 b.Each laminated 1 I"x 22"6.00 b) No fee shall be charged for inspection of the public records indicated above where a cops'is not provided or for electronic copies of records provided by electronic mail,except where a certification.copying.or search fee is specified by statute or by court order. c) Where documents in any one f I I request exceed ten i I I0I paces and for requests of item.;(21 through(125),inclusive.theThe City may shall require payment by the purchaser in advance of the City's production of the record. de) addition ''' cha "fort" the a The additional charge for certification shall he deposited into the same fund as the fees collected for the copies of records. e) A person who receives information from an electronic data storage system as described in Indiana Code 5-14-3-3(d)may not use the information for commercial purposes,including to sell.advertise,or solicit the purchase of merchandise,goods,or services.or sell,loan. give away,or otherwise deliver the information obtained by the request to any other person for these purposes.Use of the information for the preparation or publication of news,for nonprofit activities,or for academic research is not prohibited. A person who uses such information contrary to this subsection may be prohibited by the C'it\ from obtaining further records under Indiana Code 5-14-3-3(d). Id) Any fees collected pursuant to this section by the South Bend Police Department,other than for law enforcement recordings.shall be deposited into the law enforcement continuing education fund for training supplies and equipment with all interest earned on the monies deposited in said fund be retained therein. g) Any fees collected for law enforcement recordings by the South Bend Police Department shall be deposited into the law enforcement continuing education fund and used for one(I) or more of the following purposes: 1) To purchase cameras and other equipment for use in connection with the South • (Formatted:Indent Left 0.33",Hanging: 0.67" Bend Police Department's law enforcement recording program: 2) For training concerning law enforcement recording:or 3) To defray the expenses of storing.producing.and copying law enforcement recordings. Money from a fee described in this subsection,together with all interest earned on the monies deposited in said fund is to be retained therein and does not revert to the general fund at the end of the fiscal year. he) Any fee collected pursuant to this section by the South Bend Fire Department shall be deposited into the E.M.S.Capital Fund for capital purchases and leases of E.M.S. equipment,firefighting equipment,and fire station ion repairs as further addressed in Section 9-17 of the South Bend Municipal Code. Page 4 of 5 Ord.No.9092-00,§I;Ord.No.9510-04,§§I,II;Ord.No.9568-05,§I;Ord.No 9677-06,§I, 5-22-06;Ord.No.9780-07,§I,8-27-07;Ord.No.9880-08,§I, 11-10-08) SECTION II. If any section,subsection,sentence,clause,or phrase of this Ordinance is,for any reason,declared to be unconstitutional or invalid,such decision shall not affect the validity of the Ordinance as a whole,or any part thereof,other than the part so declared. SECTION III.This Ordinance shall be effective January 1,2026. 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 Page 5 of 5 City of South Bend BOARD OF ZONING APPEALS July 9, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Use Variance at 221 N Ironwood Dr Dear Committee Chair Dr. Davis: Filed in Clerk's Office J 1 L 1 7 2W'5 Bianca Tirado City Clerk, South Bend, IN Enclosed is an Ordinance for the proposed Use Variance at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your July 28, 2025 Council meeting and set it for public hearing at your August 11, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the August 4, 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: To allow Personal Care & Services (Beauty Shop) {21-06.01{k}{13}} as a Home Occupation {21-06.02{!) {12}in Urban Neighborhood 1 (Ul}. 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, Tim Staub Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning 44-25 Filed in Clerk's Office BILL NO. 44"25 JUL7 2025 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 221 N IRONWOOD DR COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Use Variance to allow Personal Care&Services(Beauty Shop)(21-06.01(k)(13))as a Home Occupation(21-06.02(f)(12)in Urban Neighborhood 1 (U1) NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana,as follows: SECTION 1. 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 Use Variance be granted for property located at: 221 N IRONWOOD DR.018-5051-1836 221 N IRONWOOD DR.018-5051-1829 In order to allow Personal Care& Services(Beauty Shop)(21-06.01(k)(13))as a Home Occupation(21-06.02(f)(12)in Urban Neighborhood 1 (UI) 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 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 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- z27 W. Jefferson - Suite 1400S City of South Bend South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information O l - 5 OS 1 - ) 3 4, Tax Key Ntlrfber: 7 - C 1 ` c O o 000 —o c.Q Address: 1.NN77 I k)• [ QCWW. C - C 41 -Rol Owner: ef),,r 10 Zoning: Choose the current district 1 t73 Project Summary: Wk. la 5 d, on pro Con n bu \v\sl,Dp, Requested Action Special Exception/ Use Variance - complete and attach Criteria for Decision Making Use requested: t' Ck( v)eci.t,': j En_AC-4\f Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office 1 7 2025 Bianca Tirado City Clerk, South Bend, IN Required Documents Completed Application (including Criteria for Decision Making and Contact Information) E Site Plan drawn to scale Filing Fee Contact Information Property owner(s) of the petition site:: Name: U tArr,li .1 14GM( I TOl l Address: A (hr, J Jc0o(5N a v urzx V\ Rend 7 Name: Ac',Clw W JL1lta Address: i 3 l k1 4Pakarti Dv, NY I (> (mil { 4`J [(i( (5 Name: Address: Contact Person: IIName: (_cor -U C1(j\A vA Address: U \ wO \m k &i c , -Ben 1 pi lUW (S x r Phone Number: 7 L( ^ /J— C9 E-mail Cr)R WL--e. WA--) MC 9.If ` -0071/1 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: C\d, 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: ,1 npc,t , e .t,( t( GIoak_ biOl4y1.4iz CQ`4( ( e,(r1 C(i IA9 ry fltYlft.Q1' af C Ica co cl.rSYUptcO1'U c(d 1 p(or biocl anl.Ck C 0A0 Nd vlc r mev( Ghml`CuiS isa u `C1 is 3-tat\cfatcW617 vensakii 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: it a nc`ryv.\ 6 z5W nfcuQ. Sr rceur , s ovvL Cc om._ Sep U'CQ Min( mi -S -\ac '1c a c ((Yr p iLn 010ReY f t,J A avtC& ar_e_ vvl p _JecA. 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: ` A CO rcc __ n 1)ackfL Sc ark/vCk c Y' c c cow a cQ r ouSt \1 4)The variance granted is the minimum necessary, because: t t u X t Us- arQC-Nr€_ Ct-yrc Wco'l c r\ oi'( a{ pro prr CaZ, bcce_K5 cutouL i3tra f6s,cipak 5) The variance does not correct a hardship caused by a former or current owner of the property, because: c i,t C' (S CU r f'.lil/ b(u3t6 Co Ck,e7r(Ale. -2cyv reigeesz- re s , C 1 \ V 14 T1\Q_ 2,0n cfl ark- nc4 CCO IQ 11S Brylc l ScaltprooncLQoQScE1,-A-, 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: 14 f( ( fa e: C C CI CL PreCelOtcl: CUOCA buN( rave cW qvird 1eCca eilecAAkcis oc ion b(9 vvs2ds j0 harrAcct Ci nn(CdS u3<<( C&- s u- 1441442) The proposed use wilt not injure or adversely affect the use of the adjacent or property values therein, because: i 4 prceS5(OV L COrS-f r occ( avoot9 b(nc)0 l•((c A 1.1.e( 901x-vitmf t w U laizAn fUis-e.j po (Cu-hoh M03--y-uc)-kowc 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: ! cto obv;ouS bus( R,QAA Trorvk grect(-- a t Sit insrok wua, prop-erki ((cam 4) The proposed use isllcompatible with the recommendations the Comprehensive Plan, because: 1 l o vv_ bcka `_ _ s ca4 lag "`,or 6 od' runs oq S(rC& gPlyin /(m - LQo aid q-hJ p1't1X'S (A (ov/ (CA(rtc C ,(( orG u 1,-cC(c U r i n ( C hc1,17N. o 44\3, are 11. 4.,,...,4 - if,,,,, - 47 16 z 3O;2 ire 4 X i g a L t g ... . „,__,,„..-.. . .„ _„ 4 HOUS 53_91 I- 9 =.- R err July 23, 2025 City of South Bend PLAN COMMISSION Honorable Committee Chair Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office ·: ·=.-·· JUL 2 3 2025• Bianca TiradoCity Clerk, South Bend, IN RE: 54528, 54550, 54570, 54606, 54610, 54638, 54650 WILUS AVENUE PC#0264-25 Dear Committee Chair Dr. Davis: Enclosed is an Ordinance for the proposed Annexation and Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your July 28, 2025, Council meeting and set it for second reading on September 22, 2025 and third reading on October 13, 2025 Council meetings. The petition is tentatively scheduled for public hearing at the August 18, 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: The Petitioners are requesting to annex and rezone the property including rights-of-way of Willis Avenue & Dunn Road to develop a residential project of approximately five (5) multi-story buildings having a maximum height of five (5) stories. Access to the site would be from Dunn Road and Willis Avenue and the proposed buildings would face both public streets. The project will have a streetscape with trees and landscaped buildings along with public sidewalks and interior pedestrian walks and landscaped grounds. A common area on the fifth floor of each building would take advantage of views towards the Notre Dame Campus. If you have any questions, please feel free to contact our office. Sincerely, vr� Tim Staub Zoning Specialist CC: Bob Palmer Tim Corcoran Planning D1i"ector Tim Corcoran !ntenin Zoning Administrator Francisco Fotia Commission President 45-25 Filed in Clerk's Office 2025 BILL NO. 4S 4.5 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND,INDIANA,AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP,CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO.4,FOR 54528,54550,54570,54606,54610,54638,54650 WILLIS AVENUE,SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT The Petitioner desires to annex and rezone seven properties at the southeast corner of Willis Avenue and Dunn Road from R Single Family District in unincorporated St.Joseph County to U3 Urban Neighborhood 3 District in South Bend. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend. Indiana,as follows: SECTION I. That the following described real estate is situated in St. Joseph County, Indiana,being contiguous by more than one-eighth(1/8)of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana,shall be and hereby is annexed to and brought within the City of South Bend: A PART OF THE SOUTHEAST AND NORTHEAST QUARTERS OF SECTION 31, TOWNSHIP 38 NORTH,RANGE 3 EAST,CLAY TOWNSHIP,ST.JOSEPH COUNTY,INDIANA WHICH IS DESCRIBED AS:BEGINNING AT THE SOUTHEAST CORNER OF LOT#40 IN THE PLAT OF"VANESS PLAT' SUBDIVISION AS RECORDED IN THE RECORDS OF THE ST.JOSEPH COUNTY, INDIANA RECORDER'S OFFICE;THENCE WEST(ALL BEARINGS ASSUMED) ALONG THE SOUTH LINE OF SAID LOT AND ITS'WESTERLY EXTENSION CROSSING WILLIS AVENUE 60 FT. R/W).A DISTANCE OF 260 FEET MORE OR LESS TO THE WEST RIGHT-OF-WAY LINE OF SAID WILLIS AVENUE;THENCE NORTH ALONG SAID WEST LINE AND ITS'NORTHEASTERLY EXTENSION CROSSING DUNN ROAD 40 FT.R/W),A DISTANCE OF 830.30 FEET MORE OR LESS TO A POINT WHICH IS THE INTERSECTION OF THE NORTH RIGHT-OF- WAY LINE OF DUNN ROAD WITH THE WEST RIGHT-OF-WAY LINE OF WILLIS AVENUE;THENCE EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID DUNN ROAD(CROSSING WILLIS AVENUE 40 FT.R/W),A DISTANCE OF 250 FEET MORE OR LESS TO A DIRECTLY NORTH OF THE NORTHEAST CORNER OF LOT#35 IN SAID"VANESS PLAT"SAID POINT ALSO BEING ON THE PRESENT CITY OF SOUTH BEND CORPORATE LIMIT LINE;THENCE SOUTH ALONG SAID CORPORATE LINE(CROSSING DUNN ROAD 40 FT.R/W), A DISTANCE OF 40 FEET TO THE NORTHEAST CORNER OF SAID LOT; THENCE CONTINUING SOUTH ALONG SAID CORPORATE LIMIT LINE AND THE EAST LINE OF SAID"VANESS PLAT",A DISTANCE OF 778.80 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4.90 ACRES MORE OR LESS. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above-described parcel as part of the City of South Bend,Indiana. SECTION III. Ordinance No. 10689-19, as amended, 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 above described real estate, with the exception of all adjacent rights-of-way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as U3 Urban Neighborhood 3 District. SECTION IV.This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council.approval by the Mayor,and legal publication. 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- Filed in Clerk's Office City of South Bend Petition for Annexation and Rezoning JUL 2 3 2025 or Combined Public Hearing BiancaTirado City Clerk, South Bend, IN Property Information Tax Key Number: 02-1106-5375, 02-1106-5368,02-1106-5368.01, 02-1106-5364,02-1106-5359,02-1106-5354, 02-1106-5346 Property Address: 54650, 54638, 54610, 54606, 54570, 54550, 54528 Willis Avenue, South Bend, IN 46637 Property Owner: Trematerra Family Land Holdings Inc., 6231 Pga Blvd., Suite 109227, Palm Beach, FL. 33418-4033 Legal Description of Annexation Area: (include any adjacent rights of way not already in the City) A PART OF THE SOUTHEAST AND NORTHEAST QUARTERS OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT#40 IN THE PLAT OF "VANESS PLAT" SUBDIVISION AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE WEST(ALL BEARINGS ASSUMED)ALONG THE SOUTH LINE OF SAID LOT AND ITS'WESTERLY EXTENSION (CROSSING WILLIS^^ A Project Summary The Petitioners are requesting to annex and rezone the property including rights of Willis Ave. & Dunn Road to development residential development in approximately Five (5) multi-story buildings having a maximum height of Five (5) stories. Access to the site would be from Dunn Road and Willis Avenue and the proposed buildings would face both public streets. The project will have a streetscape with trees and landscaped buildings along with public sidewalks and interior pedestrian Rezoning County Zoning Map at https://www.sjcindiana.com/gg6/Zoning-Map City Zoning Map at:httos://southbendin.gov/zoning Current Zoning District(County): R Single Family District Select One Additional Districts,if applicable Proposed Zoning District(City): U3 Urban Neighborhood 3 Select One 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. Additional Requested Actions (check all that apply and include additional required documentation) Subdivision -complete and attach Subdivision Application Special Exception -complete and attach Criteria for Decision Making Variance(s)- list variances below, complete and attach Criteria for Decision Making Page 1 of 2 Annexation Application Checklist 0 1. Completed Application Form El 2. Site Plan (drawn to scale) 3. Subdivision Application (if required) 4. Criteria for Decision Making (if required) 0 5. Filing Fee Contact Information Name: Danch, Harner & Associates, Inc. Attn: Michael Danch/Matthew Kirkwood Address: 1643 Commerce Drive, South Bend, IN 46628 Phone Number:574-234-4003 Email: mdanch@danchharner.com,mjkirkwood@ danchharner.com Property Owner Information (attach additional ownership list on separate page.if necessary) Property Owner: Trematerra Family Land Holdings Inc. Property Owner Address: 6231 Pga Blvd., Suite 104-227, Palm Beach Gardens, FL 33418-4033 Property Owner: Property Owner Address: By signing this petition,the Petitioner/Property Owner(s)of the above described Real Estate acknowledge(s)they are responcible 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 Signature Property Owner Name Printed Date Property Owner Signature Property Owner Name Printed Date Completed applications should be submitted in one of the following ways: Email: zoning®southbendin.gov Mail: 227 W. Jefferson Blvd., Suite 1400S, South Bend, IN 46601 Page 2 of 2 City of South Bend 227 W. Jefferson - Suite 1400S IN 46601 BOARD OF ZONING APPEALS South Bend, zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 02-1106-5375, 02-1106-5368, 02-1106-5368.01, 02-1106-5364, 02-1106-5359, 0a Address: 1643 Commerce Drive, South Bend, IN 46628 Owner: Trematerra Family Land Holdings Inc., 6231 Pga Blvd., Suite 109227, Palm Bea Zoning: U3 Urban Neighborhood 3 Project Summary: he Petitioners are requesting to annex and rezone the property including rights of Willis Ave. & Dunn Road to development residential development in approximately Five (5) multi-story buildings having a maximum height of Five (5) stories. Access to the site would be from Dunn Road and Willis Avenue Requested Action Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: A. From the 4 story Maximum Building Height to 5 stories; B. From the 120' Maximum Building Width to 282' Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale Filing Fee 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 health, safety or general welfare of the community. The proposed development will have the appearance and character of separate buildings, consistent with the maximum building widths included in the Ordinance. The proposed rooftop feature is designed to have minimal visibility from the surrounding properties. 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 variance. The portion of the building which connects the two sides is located about 30' from the front property line and even further from the public sidewalk and street. The ground floor will remain a transparent lobby, creating the look and feel of separate, pedestrian scaled buildings. The rooftop feature is setback from the upper parapet and is designed to limit visibility from surrounding 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: Strict application of the Ordinance does not allow for creative design approach demonstrated on the site. The building is designed to have the have the appearance and pedestrian character of separate buildings but has a hallway connector from the upper floors to allow for efficient design and circulation. The Ordinance, itself, poses a practical difficultly in that it does not allow for higher density buildings in areas outside of the DT Downtown District. This area 4) The variance granted is the minimum necessary, because: The building has been designed to meet the intent of the ordinance. The building connection is a hallway on the upper floors of the building and a glazed and transparent lobby at the ground floor. The separation between the functional portion of the building exceeds what would be permitted if these were buildings on separate parcels, which allows light and air into the interior units and reduces the impact a traditional building of this length would create. The rooftop feature a 5) The variance does not correct a hardship caused by a former or current owner of the property, because: The height limitations established by the Ordinance do not recognize the potential for higher density and taller buildings outside the downtown district, even when designed to minimize impact and visibility to surrounding properties. Contact Information Property owner(s) of the petition site: Name: Trematerra Family Land Holdings Inc., Address: 6231 PGA Blvd, Suite 104-227 Palm Beach Gardens, FL, 33418 Name: Address: Name: Address: Contact Person: Name: Danch, Harner & Associates, Inc. Attn: Michael Danch/Matthew Kirkwood Address: 1643 Commerce Drive South Bend, IN 46628 Phone Number: 574 234-4003. E-mail mdanch@danchharner.com, mjkirkwood@ 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: i PRELIMINARY SITE PLAN A PART OF THE SOUTHEAST QUARTER, SECTION 31, TOWNSHIP 38 N, RANGE 3 E, CLAY TOWNSHIP, ST JOSEPH COUNTY, INDIANA. I I 1 ‘.•___I' ,______ 000. p...,..)6006 -SOUTH 778 B•A C I SITE LAMM WP I t XXX XX kXICItYX)(,)01 i-..11.e. s;- -;;F-..) nags _ 6.7 i, "..--'.?--- W. • T__ _Cy-0- f-' 0. C5" li1i .c •PROPOSED - gg PROPOSED PROPOSED • g PROPosED a -V AWADINGTYPEASOWINGTYPE11BUILDINGTYPE6FrBUILDINGTYPEA • CO giN6 agn, 1 a II---'C IS-STORTO 15•STORY1 1S-STORY1 • TS-SIORY) -1 3111.511O/FER 12.09e Siff ER 12,YEESOPTIT 12 Me SiOTE 11.096 SF/F1R cf , I ip-- 00-0.0 4,i 1 oc0000po CDT.!. 474, BLDG A : rc urntb i- BLDG B •\-\i•_ BL20D00G-C I BLDG D B E i (,)r•L'74Vt•t Itr4411 71' N9 L3 1 I L.A.' 11,.._ ne vikr la vikir view' rig new nw I c NOASEI MLR A/ SIM 1.0 I I • I I HTEPIVE ANATE51.14.0•5 ufEOTAXT., LEGEND SETBACKS: TABULATED SITE DATA R'IAN,.'0-0T.'•"...A.'. 6 TOWN.,SI.60,01.61,TY.WA WrIAIT II MSC..6....AI INI ipuNi .11101 If 16. A.,6 TORN.01.01 11.IN 611 661 01 AAR.6AI•66016,10.PA R.606.11.0 IN 16 01 1 II.4.6.1.,111 . ..f.A..1111,11.61 T.,01 1111 AT.f.I.160111.66.6 0....4,0..THETA.601 IA..1601., RIAT I. I.1 6060 1Nf.1.IINZ 0,RAM 06 A.IS 6.1.1,01i......WIAS 1•01001„.D..1.6 666"...A, 6,6•6 Wit 661.•DISTANIA.60/61 MOW.L0110.0.1 loc-or-OF 06..0,.0 TA.1.6.I T.1,1/I mu.WIT W.116.Al6 Ils NO6.1.161.1 06.0.4 0 00 0.141.616 FT 661,A DISTANCE OF.0 JO.11 WORE OR LEAS ID A MN, .P.0 11l6A11.6 OKI LI II . I,L. ILI WAY LINE Of L..406,1611,..MAT 1..10:NM REQUESTED VARIANCE TA. 61.6 A1016.66 I.6.0.16 NORIO R6111.6...0.56A RAN 66. 611.....„0 0 R/W1 A 26-FAHOO•MATO Wei.ag TO A 06E(Ta 601-61 11.6 J. f ev RR I InA i :\..WIRT..PORI.Of'LOT•IS IN SAW•06.i.MAI•.0 61.1 6.RONA 06. 1. .I.I c.OF,.16 6111.1 f 06606 1.1.1..W.I T..SM.A.0...1 001.000 611 10 i, pp . Nu.611110.40,/6161.A OAT..WO:EV 10 1..61166,CORN.0,160.01.so 1 a ,• . .ilLgj 1•...,.1 W..64 SCRIT A FAO.6011.0101.1.6 LITAII 0.66 r.0,1 ANY ITI.U.A...Ili ILA I, 6 . PIN-A DISIANIT OF 718.1411 MON,OR i1.10 16 WANT 0 P.C.I.V. III F iI.06010.4.91366,MORI OR..101AI 6 . 6 ..0. 1 11.16.6 6111 W. 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REVISIONS 1111 . 1/ 2 Mal cl..NO WI ON In IRNA WW1 0 N.6600.Mi. I.0016,00 i 15.25 ..1 AR..A.Abailen.ITC(6.0.•26111.6 OR S.06 FOR At 9161 OWED ENT NE BY r.30. 41.10 C 1•1 E.I MU 1•414k 2501)0 3 M. July 22, 2025 City of South Bend PLAN COMMISSION Honorable Committee Chair Davis 4 th Floor, County-City Building South Bend, IN 46601 RE: 1432 South Bend Ave -PC#0263-25 Dear Committee Chair Davis: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office JUL 2 3 2025 Bianca Tirado City Clerk, South Bend, IN 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 July 28. 2025, Council meeting, and set it for public hearing at your August 25, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the August 18, 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: To create a cohesive zoning district for both parcels to allow for future multi-family development. If you have any questions, please feel free to contact our office. Sincerely, Tim Staub Zoning Specialist CC: Bob Palmer Tim Corcoran Planning D1i-ector Tim Corcoran !ntenin Zoning Administrator Francisco Fotia Commission President 46-25 Filed in Clerk's Office BILL NO. JUL14•aS 2 3 2E 4J Bianca Tirado NO. h Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1432 SOUTH BEND AVE COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT The purpose of the rezoning is to create a cohesive zoning district for both parcels to allow for future multifamily development. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend. Indiana,as follows: SECTION 1. 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: A PART OF THE NORTHWEST QUARTER OF SECTION 6,TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY,INDIANA WHICH IS DESCRIBED AS:LOTS#7,#8 AND THE WEST 13 FEET OF LOT # 9 OF THE PLAT OF "PARKER AND ALLEN'S ADDITION" SUBDIVISION AS RECORDED IN THE RECORDS OF THE ST.JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, WITH THE NORTH HALF OF A 14 FT. WIDE VACATED ALLEY ADJACENT TO AND SOUTH OF SAID LOTS AND LOT"M"OF THE PLAT OF"REPLAT OF LOTS# 14 THROUGH#37 AND VACATED ALLEYS IN PARKER AND ALLEN'S ADDITION TO THE CITY OF SOUTH BEND" AS RECORDED IN THE RECORDS OF SAID COUNTY AND THE SOUTH HALF OF A 14 FT. WIDE VACATED ALLEY ADJACENT TO AND NORTH OF SAID LOT"M", EXCEPTING THEREFROM THAT PORTION OF LOTS TAKEN FOR STATE HIGHWAY PURPOSES. CONTAINING 0.62 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as URBAN NEIGHBORHOOD 3(U3) 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- City of South Bend 227 W. Jefferson Suite 14005 South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number018-5096-3388 & 018-5193-7576 Address: 1432 South Bend Ave. Owner: Brennans Walk Holdings LLC Legal Description: A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS#7, # 8 AND THE WEST 13 FEET OF LOT#9 OF THE PLAT OF "PARKER AND ALLEN'S ADDITION" SUBDIVISION AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, WITH THE NORTH HALF OF A 14 FT. WIDE VACATED ALLEY ADJACENT TO AND SOUTH OF SAID LOTS AND LOT M" OF THE PLAT OF "REPLAT OF LOTS# 14 THROUGH# 37 AND VACATED ALLEYS IN PARKER AND Project Summary The purpose of the rezoning is to create a cohesive zoning district for both parcels to allow for future multi-family development. Requested Action Application includes (check all that apply) VI Rezoning Current District: OF Urban Flex S1 Suburban Neighborhood 1 Proposed DistrictU3 Urban Neighborhood 3 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 Special Exception — complete and attach Criteria for Decision Making Use requested: 71 Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 1). FROM THE MAXIMUM ALLOWED HEIGHT OF 55 FT. OR 4 STORIES TO A MAXIMUM HEIGHT OF FIVE (5) STORIES. 2). FROM THE REQUIRED 40 FT. SETBACK FROM S1 DISTRICT FOR BUILDINGS WITH A HEIGHT GREATER THAN 40 FT. TO 6 FEET+/-. rfl R* rI i _ _. _ • r-fl i TI i r Ann rT r i III rI I T Required Documents IJ Completed Application (including Contact Information) 121 Site Plan drawn to scale Filed in Clerk's Office Filing Fee Additional documents as noted above L 2 j Bianca Tirado City Clerk, South Bend, IN Contact information Property owner(s) of the petition site: Name: Brennans Walk Holdings LLC Address: 6231 PGA Blvd, Suite 104-227 Palm Beach Gardens, FL, 33418 Name: Address: Name: Address: Contact Person: Name: Danch, Harner & Associates, Inc. Attn: Michael Danch/Matthew Kirkwood Address: 1643 Commerce Drive South Bend, IN 46628 Phone Number 574 234 4003. E-mail: mdanch@danchharner.com, mjkirkwood@ 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 0 r (s) Signatures: f(//(6/16/25 PRELIMINARY SITE PLAN A PART OF THE NORTHWEST QUARTER, SECTION 6, T. 37 N, R. 3 E. PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA ELDALOESCRIPIION: A.1 ER THE NORTHWEST DUARIER OE SECTION b.TOWNSHIP I)NORTH,RANGE 3 EAST,POR IARL TOWNSHIP.CM OF SODEN BEND.Si JOSEPH COONtt RN,INDIANA WH IS DESCRIBED AS:IOT51],R e TABULATE)SIZE DATA AND UN WEST 13 FEET OF 1OI 190E THE PW 01'PARKER ANO MIEMS ADONION"SUBDIVISION AS As/ RECORDED IN Mk RECORDS.IHE SI.JOSEPH COUNTY.INDIANA WORM,OFFICE.WITH ENE NORIH l rolO 01 Al F1. DE RAWFD ALLEY AD1ACEN1 10 AND 5101 01 SAID LOIS AND IOI'KA'OF IHE PlOE.REPLAI OF LOIS A IA 0HROUGHk37 AND VACATED ALLEYS IN PARKER AND ALLEN'S AD0II11N 10 THE C O SOOT BEND'AS RECORDED IN DIE RECORDS OF SAID COUNTY AND INE SOUTH HALF OF la II. k VACAIEDALLEY ADIALENI 10 AND NORTH OF SAID l01'M'.E.CEP I IND 1110LEE0IMXI CHAt PORTION OI LOIS IARENR MAIE HIGHWAY PUR ESPOS . O ON IA..U bl ACRES MORE OR I! SUM.10 ALL IEGA0 El6HWAYS.EASEMENTS AND RESIRICT1ONS a RECORD. S dA 0 O4 I ® J,`O FS LL LEGENDSEtBACA3: RFOUESIFU VARIANCE l Or ss rl Fw 5 STORES m n YAYW WvIA ~gib. I' 1 ti`•H Yl 1935 r or m1550 55 11e[ s.Ira a Rw 951101 FOR BRrpHRS*Ili.. W AIa./ s% wfl.sCm A 3) RT.W W.A.MOM 1m m,ER g --- pa S'' . ' / o o I b. OIra BUBOWG tYPE D.`. LL Al:;' E. f21\i, '.0 fzae s[Y[iR O3 1( 1 el aril 1I 1,.. I 1 i i •vO01V11.4 116.5 1 \ 0 I _ N NFBI. RT.D t Al; o ; 9 N 3.psf • itoe M' 11MM . rRBEA0.AR01)953YRR50RK a_ piq yl M. WEVIRINWyatt w R R.a,EWrOiEwI N v rN R rj o F.;3 r. mu cu,cc mxwcls nRo. o ouE 0 20 4 rlae.N S,NRMeN.HL J1 _,- k MIe ri swlxrm MPRT tr oscuus NN RTk nY a uv un rm rK SG 1'= 20' a r 63 psaTE DR Be // RBYISION3karr.. , Rn 77...9GLC D[CRm BY: BEiE/W ro..cw•mm.:11... TIos°' AEI PRE.ww," July 23, 2025 City of South Bend PLAN COMMISSION Honorable Committee Chair Davis 4th Floor, County-City Building South Bend, IN 46601 RE: 431 Dundee St -PC#0265-25 Dear Committee Chair Davis: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office J L 2 3 20L5 Bianca Tirado City Clerk, South Bend, IN Enclosed is an Ordinance for the proposed Zone Map Amendment and Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your July 28, 2025, Council meeting, and set it for public hearing at your August 25, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the August 18, 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: Renovate a vacant structure to establish a fourplex multifamily residence. (See attached application for further details) If you have any questions, please feel free to contact our office. Sincerely, (ff)!M Tim Staub Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Tim Corcoran Intenin Zoning Administrator Francisco Fotia Commission President 47-25 Filed in Clerk's Office BILL NO.111'2-S in iu Bianca Tirado ORDINANCE NO.City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED 431 DUNDEE ST,COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Renovating the existing structure to permit a 4 unit multifamily development. Petitioners desire to rezone the property from U1 Urban Neighborhood I District to U2 Urban Neighborhood 2 and seeking a Special Exception Use for Dwelling,Multi-Unit. 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: Lots 1501, 1502, 1503 And N 1/2 Vacated Alley Summit Place 5th Add 02/03 Cons W/18-4051-I885& 1884 Per Owners Request be and the same is herby established as U2 Urban Neighborhood 2 SECTION II. That a Special Exception Use for Dwelling, Multi-Unit is herby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions,if any,by the Advisory Plan Commission. 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. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(0(7)Commitments, if applicable. 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 7,77 y," =ferson suite 1400S South Bend, IN 40501 PLAN COMMISSION on n southbendin v) ; Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number: Address: Li 31 D arvc\2, S4---. Sov-13l. DR-nc\ l - Chi a-v)R `f(4c3Le 1 `'I Owner: prErn,er Une '-'60\ ;1A.y Con s-y0c-k-ion , L.L_C_ Legal Description: L.o--5 15 b 1 , l S od, 1 15 0 3 N-nd I\l t( Z Vaca.fo& RI (e Y Qw,m.,A- P\Pick 5-H-1 1\cic' o 21 o-2 C.orrS \,.)/tcc — yo5l- t%%5 Of y L Pe r OW(14s Re.G_b„e s+ Project Summary Cs `c 1-4/1'c, IK V VL/ w. I-Ai614 ( 010 71-S /ref s-frwai 5 ce .pv-o j ecA- Sorpn.vruQ r12 o s ,ci J L xcephs,90 ,s Requested Action Application includes (check all that apply) Rezoning Current District: U1 Urban Neighborhood 1 Additional Districts, if applicablE Proposed District U2 Urban 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 5) Responsible development and growth. Subdivision — complete and attach subdivision application O Special Exception— complete and attach Criteria for Decision Making Use requested:Dwelling, Multi-Unit 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 ElFiling Fee Additional documents as noted above Filed in Clerk's Office J U L 2 3 2025 Bianca Tirado City Clerk, South Bend, IN Contact information Property owner(s) of the petition site: Name: Pr ev- ('one c)i ft) Cov S-fy-uc-lion 1L L- Address: 7-)1 I) 5 c Name: Address Name Address. Contact Person: ?r r`¢ "(3o c.or --r. c o 1 LC- Name: S IrmuN r J S I,G. k Address: Phone Number: S Li - `fob -- 33 $ E-mail: kC LS °I`l 1 9 3rna% e-OwN 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 n r atures: Cityof South Bend 227 V . Jefferson - Suite 1400S South Bend. IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: Address: y-51 1)vaiclte- Sow-tRe , -f, a. L-N'lol9 Owner: r e ry € e OAC. 11-)v'.l6.,iq ConSAruckiovt,LtC. Zoning: U1 Urban Neighborhood 1 Project Summary: / 31 tiaS gcNe Al`r"oci irk V¢RI rnip,N+6AO Lie elq-ks and 1)15 f a? V(1c6n4 -1- cinclwrtA-1 i't-ed -tor j 05-h Dver a Ai)" des _ `1- JGha• {e(1"14 q f%)'-c-l'itt Sect 4h.e Prof-r toIAil -f infitn+.1,o4 o pin la-1-)A 4 -)l SettAP, Jfsc.-e e r\of ct4 i n -1-k } w ,11 Coc ejU s-h JCiCr rn u 1}i -F Lr It r c S can neQ c60_,1e-1 o$ \4 W 1 ‘%,rl CA L Ap e ci't e uY m 1NS1CLI\°nldt\k‘k)C"1 iClooriny -1c) )41Abrt) 1N\If C U?, ca ( V.14-6014Sib4.4•hroovS• i anre S c (a n awl-. A K>. aai1K e C- re SeaW quested ACtio nc"s 4t e add%-l-ioN. o coAcu * 1, nG\ ex1 , r i ar- ex.c eck; all _su 4-9 Co rr-rr.c,n--S. `mQtbvrNan.ual\ also .vnc-\ idlo e. -}rec, u=k Jo: Co.e ksae , n a.- loosk \S°/" oir -E Luc'nyyele c tin , t S1pok'4'! Special txception/Use Variance —complete and attach Criteria for Decision Making re v.CCc1 b i Use requested:Dwelling, 2 Units Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: i1'c' ( 14a1-uc, cou ht l0 G" joSA nee b\061L ctrti e\elimn e Ae 5cAnsoo1 u 1\ b-,a.1c) ac icss y -CS f tu11I 14 ho0S ti tI n +t-e <a temo,a i a L°ny Ra , vl ca n Oaf V 'iLe a TCofCr 1 Tf trail `area Required Documents Li Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale n Filing Fee Criteria for Decision Making Special Exception- applicable A Sp e tion•Knay 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: w i 11 e r,h c-r c e p u b l c c s a f c.}H '- v..)t l f-rk.re b y 1-0,1SFor A 4 lon( vMIar)} 1 ? f`e_v) oJ$1`.1 rrt jr Al-r) 30,Qr1 C_ocat -e pl",an}- hou'Jtnq , Pt renov,LIcons L 11 e 1oal 0.11 c ` kc b 0;le\in c-o Art_ ;vt c l l cl n 5 -14,Q c.,cw ji v use- ' rb rP ex r- rcc.kcl Loam Si4-s,Smolce Cc rbov, wturnoJxic\Q cLektc.ocS j± up y racedLCtr, CwStS , er-' ro t,,;P tt t and s e_ ,sty,,mac), - na;AkcC d,C ;,nkr:k)v}-in5 , } f, e yhboChooaS kris.) cieP0-cLA end ltv4--lo12)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: 111;5 reae\ elorp,aKk. irn prove -1-IQ geS -1-t c s,-roo c-li-ovlgl, ,+ Sq i- o ecercir4,1 ,} hJS IrhCLJ ri A 2CsrfilC im-Pac+ on surf ouKci vl. ocs renoycc471 Q VQCa _JUr Se CI K ci tj L +t-\ ,voc r lL c/ h0USii n rz r,iI it!S, +c>Qs projec-f- will c p4z,-..a.04- 4 up ff a/1 eXi547P17 (CSiC(0444a.O lei ci h bor h oC,cf, v +kt 5+a to ; ('l 4- rev;--Q i i zed- o n 04-- h a o ( ' Cvmrnn %n'`9 3h) he proposed usve will be consistent with the character of the district in which it is located and the land uses authorized therein, because: r r The 5Urro A av1e.U in c:j tl l4o) c rr'1 X bT r. -- rv)U«i ra,m,1 j res,c ,,-',4\ - rnee.v4ies as ik,e..11 5 my ple Comtr.erU0(-/ r \i‘.‘\S A-CI A" t uJ x. 0A.E four. rot) Ifi tcvn i l y ttecti-F nNx)1t-I`S vn 4kP U P f cr VC(Corn nt,s'v'c.1 g v;is %n i S a 1 i,Ael K1 e yitr v A-L• n^-Pte K a I'ytl' tc sic nrvi-; charac.-cv' -{ 2ec i n --1.4, aia rGpt E" r I (4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: 11c fro'‘‘e Soft,DAS P r'zhe s u{ (Flan Fro/40+1^1 cla.)ckoFoal+ rcd c Yacan4- u, ,vyq, vcd b lc in S4 hDrneS toy; i /l MUch r ct u51 n r TG M 1t 1-4 CLiignS ' f't , C, z;rah iC ca1 S+ ,() hlinCQ ne ;ghbor boo) J1-1-4 iACfcoce kovSil ao.\\ot 1 'a1 cl- a1lc b&-kr usx- s i y I2,i,Ic,sk s, {l ,,t,ti,( c©-r bu Illl oa1V-ab ( miIul -cfiuo1Li ev lcQnt 1-` i1s a SehoctiS Ci;molvn - Contact Information Property owner(s) of the petition site: Name: Prc.w.icr Dm Quad; n Lv`sk- ucil ,/1,.1 Address LI 31 boyultc. 5 Name: Address: Name: Address: Contact Person: Pre r.1;ex- Or-Q- QvilG on,LLC Name: 1 Cv1 '16o s.1c Address Phone Number: 571 - (400- 3 3$ lso E-mail ccci 1 c1 D as cyy\c, C--ovi-N 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. Prope er (s Sig ture Project Summary: The property at 431 Dundee Street, South Bend, Indiana 46619 has had very minimal updates and remained vacant and underutilized for over two decades. I have just purchased the property, with the intention of completing a full-scale renovation that will convert the existing vacant building into a fourplex multifamily residence. This redevelopment will include new electrical systems, insulation, drywall, flooring, plumbing, HVAC, brand new kitchens, bathrooms, landscaping, and more. A key feature will be the restoration of the currently sealed basement windows and the addition of adequate building exits, meeting or exceeding all safety code requirements. Improvements will also include a tree buffer, and window coverage on at least 15% of the street-facing elevation, as required by code. This revitalized fourplex, located just one block from an elementary school, will help address the need for quality housing in the area while replacing a long standing vacant and underutilized property with a completely renovated fourplex. Question Responses: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because: The project will enhance public safety and welfare by transforming a long-vacant, previously condemned structure into safe, code-compliant housing. All renovations will meet local and state building codes, including the addition of fire-rated walls, proper exits, smoke and carbon monoxide detectors, and upgraded mechanicals. The property will be landscaped, secured, and maintained, contributing to the neighborhood's visual appeal and livability. 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: This redevelopment will improve the aesthetics, functionality, and safety of the property, thus having a positive impact on surrounding property values. By renovating a vacant, unused building with modernized housing for families, this project will complement and uplift the existing residential neighborhood, contributing to the stability and revitalization of the neighborhood & community. 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 surrounding area includes a mix of single-family and multifamily residential properties, as well as multiple commercial buildings that house one to four multi-family apartments on the upper level of the commercial buildings in the area. The proposed fourplex aligns with the residential character& need in the area. The building will be updated to visually and functionally blend with nearby properties, while still offering diverse housing options within the community. 4. The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The project supports the City's Comprehensive Plan by promoting development, reducing vacant unimproved buildings and providing much-needed housing for families. It aligns with strategic goals to enhance neighborhood vitality, increase housing diversity and availability, and make better use of existing structures, all while preserving and contributing to walkable, family friendly development near schools and community amenities.