HomeMy WebLinkAbout46-25 Amending the Zoning Ordinance for Property Located at 1432 South Bend Avenue .Np PLAN COyr County-City Building
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City of South Bend 227 W.Jefferson Blvd. 1400S
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PLAN COMMISSION (574) 235-7627
www.southbendin.gov/zoning
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July 22, 2025 Filed in Clerk's Office
JUL 2 3 2025
Honorable Committee Chair Davis
4th Floor, County-City Building Bianca Tirado
South Bend, IN 46601 City Clerk, South Bend, IN
RE: 1432 South Bend Ave— PC#0263-25
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 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 Tim Corcoran Francisco Fotia
Planning Director Interim Zoning Administrator Commission President
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:
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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 ES POS . (
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County-City Building
City of South Bend South Bend, IN 46601
PLAN COMMISSION (574) 235 7627
www.southbendin.gov/zoning
Filed in Clerk's Office
Wednesday,August 20,2025 AUG 2 0 2025
South Bend Common Council Bianca Tirado
227 W.Jefferson Blvd.,4th Floor City Clerk, South Bend, IN
South Bend,IN 46601
Re: Bill#46-25 -A proposed ordinance of BRENNANS WALK HOLDINGS LLC to zone from Si
Suburban Neighborhood 1 and OF Urban Neighborhood Flex to U3 Urban Neighborhood 3,property
located at 1432 SOUTH BEND AVE,City of South Bend-PC#0263-25
Dear Council Members:
I hereby Certify that the above referenced ordinance of BRENNANS WALK HOLDINGS LLC was
legally advertised on August 8,2025 and that the South Bend Plan Commission at its public hearing on
August 18,2025 took the following action:
Upon a motion by Scott Ford,being seconded by Tyler Gillean and unanimously carried,a proposed
ordinance of BRENNANS WALK HOLDINGS LLC to zone from Si Suburban Neighborhood 1 and
OF Urban Neighborhood Flex to U3 Urban Neighborhood 3,property located at 1432 SOUTH
BEND AVE,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,
OrA141)
Timothy P. Staub
Zoning Specialist
Attachment
CC: BRENNANS WALK HOLDINGS LLC
Bob Palmer
Tim Corcoran Tim Corcoran Francisco Fotia
Planning Director Interim Zoning Administrator Commission President
Staff Report— PC#0263-25 August 18, 2025
Property Information
Location: 1432 SOUTH BEND AVE
Owner: BRENNANS WALK HOLDINGS LLC
Requested Action
Rezone from S1 Suburban Neighborhood 1 and OF Urban Neighborhood Flex to U3 Urban
Neighborhood 3
Variance(s):
• From the maximum allowed height of 4 stories to 5 stories. (21-03.05(f))
• (withdrawn) From the required 40' setback from a S1 district required for the portion of a primary
structure in excess of 40' or 3 stories in height to 5' (21-03.05(f))
• From the maximum building width for a Stacked Flats building type of 120' to 127' (21-
08.02(j)(3))
Project Summary
The purpose of the rezoning is to create a cohesive zoning district for both parcels to allow for future
multifamily development.
Location Map
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Recommendation
Staff Recommendation: Based on information available prior to the public hearing, the staff
recommends the Plan Commission approve the variances and send the rezoning petition to the
Common Council with a favorable recommendation.
SOUTH BEND PLAN COMMISSION Page 1 of 18
Staff Report-PC#0263-25 8/18/2025
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SOUTH BEND PLAN COMMISSION Page 2 of 18
Staff Report-PC#0263-25 8/18/2025
Site & Context
Land Uses and Zoning:
On site: The site is currently zoned as Urban Neighborhood Flex (UF) and is a vacant lot.
North: The site is currently zoned as University (U) and contains part of the Innovation Park
parking lot, as well as some undeveloped land.
East: The site is currently zoned as Urban Neighborhood Flex (UF) and contains a single
family home.
South: The site is currently zoned as Suburban Neighborhood 1 (S1) and contains a single
family home.
West: The site is currently zoned as Urban Neighborhood Flex (UF) and contains a single
family home.
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 in core and outlying areas of the City.
Site Plan Description:
The petitioner wishes to rezone these two parcels to U3 so that they can build a multi-unit
dwelling spanning both parcels.
Zoning and Land Use History and Trends:
There was a single family home on this lot going back to at least 2007 that was demolished
sometime between 2022 and 2025. However, the lot was previously owned by two independent
educational organizations for almost 28 years from 1994 to 2022, suggesting that the home's use
may not have been purely residential.
Traffic and Transportation Considerations:
Allowing for this multi-unit building as a result of the rezoning will not be likely to cause any major
traffic or transportation complications on South Bend Avenue, which is already a busy multilane
state road.
Agency Comments
Agency Comments:
Engineering does not have any comments on the rezoning or variances. Site, utility, and
drainage plans will be reviewed when this is submitted to commercial plan review.
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 1 calls upon the city to "ensure that an adequate
supply of housing is available to meet the needs, preferences, and financial capabilities of
households now and in the future".
Land Use Plan:
SOUTH BEND PLAN COMMISSION Page 3 of 18
Staff Report-PC#0263-25 8/18/2025
These two parcels fall within the Northeast neighborhood. In the 2022 neighborhood plan, the
future zoning map shows these parcels as U3.
Plan Implementation/Other Plans:
Strategy 3 in the 2022 Northeast Neighborhood Plan outlines a desire to "develop and preserve
housing in the neighborhood,"with action item 3.5 specifically saying to"support the production
of a range of housing types including new construction and rehabilitation of market rate and
affordable rental housing."
2. Current Conditions and Character:
The surrounding structures are mostly one and two story houses.
3. Most Desirable Use:
The most desirable use for this property would be to convert it to a high-density residential use.
4. Conservation of Property Values:
Allowing for this multi-unit dwelling through a rezoning will help to increase the value of this
specific property, as well as surrounding property.
5. Responsible Development and Growth:
Rezoning this parcel would allow for additional higher-density housing on a currently vacant lot
that already has utility and transportation access.
Variance(s)
The petitioner is seeking the following variance(s):
• From the maximum allowed height of 4 stories to 5 stories. (21-03.05(f))
• (withdrawn) From the required 40' setback from a S1 district required for the portion of a
primary structure in excess of 40' or 3 stories in height to 5' (21-03.05(f))
• From the maximum building width for a Stacked Flats building type of 120' to 127' (21-
08.02(j)(3))
State statutes and the Zoning Ordinance require that certain standards must be met before a
variance can be approved. The standards and their justifications are as follows:
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community.
The approval of the variances should not be injurious to the general welfare of the community.
The rooftop space will have either a street, parking lot, or some other buffer on all sides from
neighboring properties, including residential ones, limiting its impact on those surrounding
properties. The building width variance will allow for an angled facade at an intersection that
responds to the streetscape, provides architectural intrigue, and allows there to be one
centralized entrance to the building along South Bend Avenue.
(2) The use and value of the area adjacent to the property included in the variance will not
be affected in a substantially adverse manner.
The use and value of the adjacent properties should not be adversely affected. The rooftop
space will be sufficiently distanced from neighboring properties in such a way that will limit any
impact on surrounding uses and property values. The building width variance will allow for an
angled facade at an intersection that responds to the streetscape, provides architectural intrigue,
and allows there to be one centralized entrance to the building along South Bend Ave.
(3) The strict application of the terms of this Chapter would result in practical difficulties
in the use of the property.
This parcel is located along a major thoroughfare at the edge of the Notre Dame campus and
supports a higher density project. A strict application of the ordinance would not allow for the
SOUTH BEND PLAN COMMISSION Page 4 of 18
Staff Report-PC#0263-25 8/18/2025
building's current width, although the facade is angled in such a way that it meets the intent of
the ordinance to prevent long, unbroken stretches of wall along the street. Meanwhile, the intent
of building height maximums is primarily to limit the construction of entire floors above a certain
height and not things like rooftop decks, which are permitted in the ordinance and do not look or
function the same as full floors.
(4) The variance granted is the minimum necessary.
The variances granted are the minimum necessary. The limited footprint of the rooftop space will
not have an impact on the perceived massing of the building from the street, and the building
width will allow for a centralized entrance to both wings of the building from South Bend Ave.
(5) The variance granted does not correct a hardship caused by a former or current owner
of the property.
The width variance responds to a unique situation in which an angled portion of a facade at a
corner is included in the same width calculation as a facade along an adjacent street, making it
exceed the maximum permitted width despite it meeting the intent of the ordinance. The first
variance would allow for a rooftop amenity space that is generally permitted by the ordinance
and will not function in the same way as a full building floor, which maximum building heights are
generally intended to discourage.
Analysis & Recommendation
Commitments: No commitments at this time.
Analysis: Rezoning these parcels to U3 would align with the future zoning map from the Northeast
neighborhood plan, while also fulfilling goals from both that plan and the city's comprehensive
plan to develop housing within the neighborhood, including rental housing.
Recommendation: Based on information available prior to the public hearing, the staff recommends the
Plan Commission approve the variances and send the rezoning petition to the Common Council
with a favorable recommendation.
SOUTH BEND PLAN COMMISSION Page 5 of 18