HomeMy WebLinkAbout07-14-2025 Zoning & Annexation Committee Minutes SignedOFFICE OF rfHE CITY CLERK
BI A :\f CA L. TIR A DO , C ITY CLERK
Committee M e mbe rs Prese nt:
Co mmittee M e mb e rs A b se nt:
Oth e r Co uncil Membe r s Prese nt:
Othe rs Prese n t:
Prese nt e rs :
Age nd a:
JU LY 14 , 2 025, 4:30 P.M.
Dr. O li ve r Dav is, Rac he l To m as M o rgan ,
K ar e n L. White , T ro y Wa rn e r, Sta c ey Od o m
H e nry D av is Jr.
Canne th Lee , S he rry Bo ld e n-S impso n
Bi an ca L. T ira d o , Jas min e Jac k so n ,
M a tth ew Neal , Mar gare t G o tsch, Lari 'o nn a
Green , Bo b P a lm er
T imo thy Sta ub , M ark De ll ostritto , M yra
Re id , Jo s hu a Caneff
Bill N o. 29-25 -A m e ndin g th e Zo nin g
O rdinance fo r P ro pe rt y Locate d at 1144 a nd
l l 48 So rin Street
Bill No. 3 0-2 5 -Sp ec ia l Exce pti o n at 111 4
May fl owe r Road
Bill No . 31-2 5 -A me ndin g th e Zo nin g
O rdina n ce fo r P ro pe rty Located a t 3 14
Wes t C hippewa Ave nu e
Bill No . 32-2 5 -A m e ndin g the Zo ning
Ordina n ce fo r P ro pe rt y Locate d at l 0 3 7
Wes t Co lfax Ave nu e ( ub s titute)
Bill No. 39-2 5 -Sp ec ia l Exce pti o n at 1039
Linco ln Way Wes t (S ub stitute)
Bill N o. 4 0-2 5 -S pec ia l Exce pti on at 1527
So uth M ic hi gan S tr eet
INTEGRITY I SERVICE I ACC ESSI BILIT Y
J as min e Jackso n
G-nEF D EPVfY O rr 0..ERK / Q-nEF OF STAFF
\ll a1th e 11 · Neal
D EPUTY O rr 0..ERK / D IRECTOR OF POLICY
Man~~irel C o lsc h
D IRECTOR OF SPEGAL P ROJECTS
EXC ELLENCE ACCO UNTABILITY INNO VA TION INCLUSION EMPO WERMENT
455 County-City Building I 227 W Jefferson Blvd. I South Bend, Indiana 46601 Ip 574.235.9221 If. 574.235 91731 www.southbe ndin.gov
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Bill N o . -11-2 5 -S p e ci a l Exce pt io n at 10 2 4
West T ho m as S tree t
Members marked w ith a n as terisk(*) a re in v irtual a ttendance.
Please note the attached link for the meeting recording:
https://docs.southbendin.gov/WebLink/browse.aspx?dbid=0&mediaid=396899
Co mmittee C ha ir O r. Ol ive r Dav is call e d to o rd e r th e Zo nin g a nd A nn exati o n Co mmittee m ee tin g
a t 4 :4 2 P.M .
Bill No. 29-25 -Amending the Zoning Ordinance for Property Located at 1144 and 1148
Sorin Street
Bill No . 29-2 5 wa s withdrawn .
Bill No. 30-25 -Special Exception at 1114 Mayflower Road
M a rk D e ll ostritt o , Zo nin g Sp ec ia li st , w ith offi ces o n th e fourt e enth ( 14 th ) fl oo r o f th e C o unty -
C it y Building , South Be nd , IN 46601 , sta te d th a t Bill No. 30-2 5 requ es t s a s p e ci a l ex ception for
prop ert y locate d a t 1114 Mayfl ower Road fo r use as a Pr e-K, Prim ary , a nd S eco nd ary S c hoo l.
The prope rt y co nt a in s a buildin g that prev io us ly served as a daycar e st a rtin g in 2 01 2 and is
co n s iste nt w ith th e So uth Be nd Co mpre h e n s ive Pl a n .
Co mmitt ee C h a ir Or. Dav is adjured th e present er.
T im Sta ub , Z o nin g S p e ci a li st , w ith o ffic es o n th e fo urt e enth ( 14 th ) fl oo r of the C ounty -C it y
Bui ldin g , So uth B e nd , l 4660 1, sta ted th at th e prese nte r co mmuni cate d th ey were in route but
th e re prese nt a ti ve fro m Rhedi Man agem e nt , In c., was un a bl e to atte nd th e Co mmitte e Meetin g.
Co mmittee Mem be r Troy Wa rn e r m oved to se nd Bill N o. 30-2 5 to th e F ull Co un c il w ith no
reco mm e nd a ti o n , w hi c h was seco nd e d by Co mmittee Me mb e r Kar e n L. W hi te and carri e d by a
vo te of five (5) ay es w ith o ne (1) C iti ze n M e mb e r a bse nt.
Co mmittee C ha ir Dr. O live r Dav is -Aye Co mmittee Vice C ha ir Rac he l To m as M o rgan -Ay e
Co mmittee Me m be r Troy Wa rn e r -Ay e Co mmittee Membe r Ka re n L. White -Aye
C iti zen Me mb er S ta c e y O d o m -Aye C iti ze n Me mber He nry Dav is J r. -Absent
Bill No. 31-25 -Amending the Zoning Ordinance for Property Located at 314 West
Chippewa Avenue
Tim Staub , Zo nin g S pecia li st , w ith o ffic es o n th e fo urt eenth (14 th ) fl oo r of th e County -C it y
Building, So uth B e n'ti , IN 466 01 , stated th a t Bill No . 31-2 5 reques ts to am end the zo nin g
ordinan ce for prop e rt~ocated at 314 W es t C hippewa Avenu e fr o m Comm e rc ia l (C) to Suburban
Neig hb o rh oo d 2 (S2). h e s it e is curre ntl y a vac a nt lo t , and the proposal is c o n sist e nt w ith th e
So uth B end Co mpre he s ive Pl a n. The p etiti o ne r is Birge a nd He ld (B &H), a nd th ey se e k to
co n struct a three-sto ry ~3) a partment w ith a co mmo n s pace and parkin g lo t. .
Tim St a ub st a ted that th e present e r c o mmuni cate d th ey wer e in rout e but th e re present a ti ve fr o m
B&H was un a bl e to attend the Co mmitte e M ee tin g.
I
EXCELLENC,t ACCOUNTABILITY INNO VATION INCLUSION EMPOW ER M ENT
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C ommittee M e mbe r Wa rn er m oved to se nd Bill No. 3 1-25 to th e Full Co un c il w ith no
reco mme nd a ti o n, w hi c h was seco nd ed by Com mi ttee Vice C ha ir R ac he l To m as Mo rgan a nd
ca rri e d by a vo te of five (5) ayes w ith o ne (1) C iti ze n M e mb e r a bse nt.
Co mmittee C h a ir Dr. Oli ve r D av is -Aye Co mmittee Vic e C h a ir Ra ch e l To mas Mo rgan -Aye
Co mmittee Me mbe r T ro y Wa rn e r -Aye Co mmittee M e mbe r Ka re n L. White -Aye
C iti ze n Me mb e r Stacey O d o m -Aye C iti ze n Me mbe r He nry Dav is Jr. -A bsent
Bill No. 32-25 -Amending the Zoning Ordinance for Property Located at 1037 West Colfax
Avenue (Sub s titute)
Co mmittee V ice C ha ir To m as Mo rgan m ove d to hear s ub s titute Bill No. 32 -2 5 , w hi c h was
seco nd e d by Co mmittee Me mbe r Wa rn e r a nd carri e d b y a vo te of fi ve (5) ayes w ith o ne (I )
C iti ze n Me mb e r a bse nt.
Co mm ittee C ha ir Dr. Oli ve r D av is -Aye Co mmittee Vice C ha ir Rac he l To mas Mo rgan -Aye
Co mmi ttee Me mber Troy Wa rn e r -Aye Co mmi ttee Me mbe r Ka re n L. White -Aye
C iti ze n Me mb e r Stacey O d o m -Aye C iti ze n Me mb e r He nry D avis Jr. -A bsent
T im S ta ub, Zo nin g S peci a li st , with offi ces o n th e fo urt ee nth (14 th) fl oo r o f th e Co unt y -C it y
Building, So uth B e nd , IN 4 66 01 , stated th a t S ub stitute Bill No. 3 2-25 re quest s to rezo ne a vacant
p ro p e rt y located a t 1037 Co lfax Ave nu e fro m Urb an Ne ig hbo rh ood One (U l ) to U rb a n
Ne ig hbo rh oo d Fl ex (UF). T he pe titi o ner is M iatt P ro pe rti es LL C , and th ey seek to co n vert th e
ex ist in g vacant h o m e into office space.
Co mmittee Memb er Wh it e as k ed w h y staff had ori g inall y given an un favora bl e recomme nd ati o n .
T im S ta ub st a ted th a t staff o ri g in a ll y gave a n un favora bl e reco mm e nd ati o n due to th e p e titi o n no t
m eetin g th e c it y pl a n to e n s ur e ad e qua te s uppl y of ho u s in g . Whe n the pe titi o n was b ro ught befo re
th e Pl a n Commi ss io n , th e pe titi o n w as fo und to h ave a low impac t o n the ne ig hb o rh oo d and th e
pe titi o n was fo und favo rabl e w ith writt e n co mmitm e nt s restri c ting th e lo ts de ve lo pme nt po te nti a l.
Co mmittee Ch a ir Dr. Dav is as ke d T im Co rcora n to ve ri fy w h y th e Pl a n Co mmi ss io n c h an ged
th e ir reco mm e nda ti o n .
T im Corcora n , Directo r of Pl annin g , w ith offi ces o n th e fo urt eenth ( 14 th ) fl oo r of th e Co unt y-C it y
Building, So uth B e nd , IN 4 66 01 , st ate d th a t th ey wer e a bl e to miti gate so m e of th e co ncern s
regarding rezo nin g fr o m Urb an Neig hbo rh oo d One (U I ) to U rb a n Ne ighbo rh oo d Fl ex (U F)
thro u gh th e w ritt e n nego ti ati o n s and p ro p osed w ritt e n st atem e nt s .
Co mmittee Memb e r White m e nti o n e d th e la rge numbe r of w ritt e n co mmitm e nt s .
Co mmittee V ice Ch a ir Tom as Mo rgan sta te d th a t sh e h a d ques ti o n s a nd want ed to wait fo r th e
prese nt e r .
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Myra Reid , Miatt Properties LLC , 1822 East Fox Street, South Bend , IN 46613 , stated that Miatt
Properties LLC requests to rezone a vacant property located at 1037 Colfax Avenue from Urban
Neighborhood One (U I) to Urban Neighborhood Flex (UF). This property has been vacant for
four (4) years and has been occupied by unauthorized people, people without housing, and wild
animals who have damaged the prope1iy. Myra Reid seeks to convert the existing vacant home
into office space. Myra Reid stated that the property will remain the same, ensuring that the
property will be maintained and the business signage will be sophisticated.
Committee Chair Dr. Davis asked why Myra Reid is interested in this particular property.
Myra Reid stated that the old home has character, and she sees the potential.
Committee Member Sherry Bolden Simpson asked to see a photo of the property .
Myra Reid showed a photo of the property .
Committee Vice Chair Tomas Morgan asked to hear more about the potential office space.
Myra Reid stated that the office space could be utilized by lawyers , doctors , accountants ,
mediators , and therapists .
Council Vice President Tomas Morgan asked the petitioner if the offices would be lived in on the
property.
Myra Reid stated that no one would be living on the property.
Council Vice President Tomas Morgan asked the petitioner if there had been a discussion with
the Plan Commission related to signage and the size of the sign.
Myra Reid stated that the business signage will be sophisticated and m line with Urban
eighborhood One (U I).
Council Vice President Tomas Morgan spoke on behalf of neighbo1ing residents that expressed
concern with Substitute Bill No. 32-25.
Committee Chair Dr. Davis asked to see a photo of the back of the property.
Myra Reid showed a photo of the back of the property.
Council Vice President Tomas Morgan expressed concern about Substitute Bill No. 32-25.
Committee Chair Dr. Davis held the public hearing , and nobody spoke.
Committee Member White thanked the presenter and expressed appreciation and confidence that
Myra Reid will honor the written commitments.
Committee Member White moved to send Substitute Bill No. 32-25 to the Full Council with a
favorable recommendation , which was seco nded by Committee Member Warner, and carried by
a vo te of four (4) ayes and one (l) na y with one (l ) Citizen Member Absent.
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Committee Chair Dr. Oliver Davis -Aye Committee Vice Chair Rachel Tomas Morgan -Aye
Committee Member Troy Warner -Aye Co mmittee Member Karen L . White -Aye
Citizen Member Stacey Odom -Aye C itizen Member Henry Davis Jr. -Absent
Bill No. 39-25 -Special Exception at 1039 Lincoln Way West (Substitute)
Co mmittee Member Warner moved to hear s ubstitute Bill No . 39-25 , which was seconded by
Committee Member White a nd carried via a vote by voice.
Tim Staub , Zoning Specialist, with offices on the fourteenth ( 14 th ) floor of the County-City
Building, South Bend , IN 4660 I , stated that while writing the ordinance there was a clerical error
and the address was changed to read 1039 Lincoln Way West. Tim Staub stated that Bill No. 39-
2 5 requests a s pecial exception for property located at 1039 Lincoln Way West, South Bend , [N
46616 , for use as vehicle rentals or ve hicle sa les. The property was fonnerly a Dairy King and
Supermarket, and the neighborhood plan calls for the property to be storefront retail. Vehicle
rent a ls or vehicle sales would not be under this guideline. Bill No . 39-25 comes to the Council
with an unfa vora ble recommendation .
Fares Farhan , Tea Ro se Lane, Mishawaka, I 46544 , stated that his family has owned the
property for fifteen ( 15) years and ten ( I 0) years ago the Supennarket was shut down . Fares
Farhan stated that his family is trying to bring life back to the building and is requesting the special
exception for th e property to be used as a U-Haul rental center.
Co mmittee Chair Dr. Da v is asked if the property would be like the U-Haul Rental Center (UHRC)
off Western Avenue.
Fares Farhan stated no that the y did not want as many ve hicles utili z ing the property.
Committee Member White asked the presenter would be willing to have the office s pace utili zed
without the vehicles.
Fares Farhan stated that UHRC would need a place to park the vehicles.
Council President Lee thanked the presenter for their in ves tment a nd expressed concern about the
appearance of the propert y hav ing multiple rental ve hicles parked .
Fares Farhan stated that the y have been maintaining the property and would continue to do so .
Committee Member Warner asked staff to explain in more detail about the is s ue with the alley.
Tim Staub hi g hli g hted the two (2) parcel s involved and indicated that the two (2) options would
be a public ri g ht of way without Public Works or vacat in g the alley way .
Co uncil Member Sherry Bolden-Simpson expressed appreciation for the presenter wantin g to
bring life back to the neighborhood and expressed concern in re gard to the po ssi bility of vehicle
sales . Council Member Bolden-Simpson asked if UH RC was the only entity that expressed
intere st in the property .
EXC ELLE NC E ACCO U NTA BILIT Y INN OVA TI ON INC LUS ION EM POW ER M ENT
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Fares Farhan stated other companies expressed interest in the property but U HR C was the only
reputatble company th a t expressed intere s t
Cou ncil Member Bolden-Simpso n mentioned leaving the property vacant as so mething for
Co un c il Members to think abo ut.
Committee C hair Dr. Davi s asked the staff if the South Bend Area Plan Commission works with
written commitments.
Tim Staub stated that the current use was an ic e cream s hop and now is being looked at for UHRC .
Committee Chair Dr. Dav is asked if ha v ing the ice cream shop apart of the nei g hborhood plan or
was so methin g else envisioned.
Tim Corcoran stated that the area plans and nei g hborhood plans were revis ed to be cons istent
with the present zo nin g ordinance. In th e proce ss or revising the zo ning ordinance, all property
owners were contacted .
Committee C hair Dr. Da v is held the public hearin g , and nobod y spoke.
Committee Member Warner mo ve d to se nd Substitute Bill No. 39-25 to the F ull Co uncil with a
un favora ble recommendati o n, which was seco nd ed by Co mmittee Vice C hair To ma s Morgan, and
carried by a vo te of four ( 4) ayes and one ( l ) na y.
Co mmittee C hair Dr. Oliver Dav is -Aye Co mmittee Vice Chair Rachel Tomas Morgan -Aye
Co mmitte e Member Troy Warner -Ay e Committee Member K are n L. White -Aye
Citizen Member Stacey Odom -Aye Cit ize n Member He nr y Davis Jr. -Absent
Bill No. 40-25 -S pecial Exception at 1527 So uth Michigan Street
Co mmittee C hair Dr. Oliver Da v is adjured th e petitioner(s).
Tim Staub, Zoning Specialist, with offices o n the fourteenth ( 14 th ) floor of the County-City
Buildin g , South B end , I 4660 I, stated that Bill No . 40-25 requests a s pecial exception for
property located at 15 27 South Michigan Street for the us e of Vehicle Service, Minor. The s ite
was previou s ly occupied by an a utomobile dealership. Staff recommended unfavora ble due to the
prop osed u se not being compatible with the recommendations of the 2015 Southeast
Neighborhood Pl an w hich called for dense commercial use at the Michigan and Indiana
intersection . The Board of Zoning Appeals reviewed the staffs recommendation and found the
site was de ve loped for Vehicle Service, Minor and th e special exception was warranted and a
favorable recommendation was provided.
Fares Farhan , Tea Ro se Lane, Mishawaka , I 46544 , stated that his family ha s been maintainin g
and repairing the propert y located at 1527 South Michigan Street and requests a special exception
for the use of Vehicle Service, Minor.
EXC EL L ENC E ACCO UNTA BILIT Y INNOVATI ON INC LUSION EM POW ER M ENT
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Committee Chair Dr. Davis asked if there were any zoning constraints because the property had
been vacant.
Tim Sta ub stated if the property had a different use , it wou ld require a specia l excep ti on to the
zo ning requirements .
Dr. Davis asked if this was the reason that the Board of Zoning Appeals approved this request.
Tim Staub stated that it was not necessarily the case but more with the context on how to assess
the structure and the proposed use as Vehicle Service, Minor.
Committee Member White asked how many simi lar businesses are on Michigan Street.
Tim Staub stated that he did not know the exact number but there are several simi lar
estab li shm ents.
Tim Corcoran stated that the reason that the B oard of Zoning Appeals had denied previous
requests but had approved this request is because the property had prior use as an automotive
serv ice center and the current request was consistent with that prior use.
Committee Chair Dr. Davis held the public hearing , and nobod y s poke.
Committee Member Warner moved to send Bill No. 40-25 to the Fu ll Co uncil wit h no
recommendation , which was seco nded by Co mmittee Member White and carried by a vote of five
(5) ayes with one (1) Citizen Member absent .
Committee Chair Dr. Oliver Davis -Aye Committee Vice Chair Rachel Tomas Morgan -Aye
Committee Member Troy Warner -Aye Committee Member Karen L. White -Aye
Citizen Member Stacey Odom -Aye Citizen Member Henry Davi s Jr. -Absent
Bill No. 41-25 -Special Exception at 1024 West Thomas Street
Committee Chair Dr. O li ver Davis adjured the petitioner(s).
Mark Dellostritto , Zoning Specialist, with offices on the fourteenth ( 14 th ) floor of the County-
City Building, South Bend , I 4660 I , stated that Bill No . 41-25 requests a special exception for
the property located at I 024 Thomas Street, South Bend , IN 4660 I , to permit a schoo l serving
students in grades six (6) through twelve ( 12). The property was previously used for a Catholic
Schoo l and Day Care and is fitting for the existing structure and is consistent wi th the Near West
Side Neighborhood Plan
Joshua Caneff, Director of Admissio ns at Trinity Schoo l at Greenlawn, I 024 Thomas Street,
South Bend, [N 4660 I , stated that Trinity Schoo l is grateful for thi s new chapter and is looking
forward to moving into the near West Side neighborhood .
Committee Chair Dr. Davi s he ld the public hearing , and nobod y spoke.
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Council Member Bolden-Simpson asked what neighborhood would they reach out to for students
to attend Trinity School.
Joshua Caneff stated that they would be reaching out to students within driving distance.
Committee Member White moved to send Bill No. 41-25 to th e Full Council with a favorable
recommendation , which was seconded by Committee Vice Chair Tomas Morgan carried by a vote
of five (5) ayes.
Committee Chair Dr. Oliver Davi s -Aye Committee Vice Chair Rachel Tomas Morgan -Aye
Committee Member Troy Warner -Aye Committee Member Karen L. White -Aye
Citizen Member Stacey Odom -Ay e Citizen Member Henry Davis Jr. -A bsent
With no further business , Committee Chair Dr. Oliver Davis adjourned the Zoning and
Annexation Committee meeting at 6 :03 P.M.
NOTICE FOR HEARING AND SIGHT
IMPA IRED PERSONS
Auxiliary Aid or Other Services ma y be Available
upon Request at No Charg e.
Plea se give Reasonable Advance Request
when Possible
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