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HomeMy WebLinkAbout10.20.25 PC Agenda Packet County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning City of South Bend PLAN COMMISSION Tim Corcoran Planning Director Brian Killen Zoning Administrator Francisco Fotia Commission President AGENDA Monday, October 20, 2025 - 4:00 P.M. County-City Building Fourth-Floor Council Chambers https://tinyurl.com/sbplancommission-2025 Meeting Recordings –https://tinyurl.com/Plan-Commission2025 PUBLIC HEARING: A. REZONINGS 1 Location: 54528 WILLIS AVE and 54638 WILLIS AVE and 54606 WILLIS AVE and 54570 WILLIS AVE and 54550 WILLIS AVE and 54528 WILLIS AVE and 54610 WILLIS AVE and 54650 WILLIS AVE PC#0277-25 Petitioner: TREMATERRA FAMILY LAND HOLDINGS INC Requested Action: Rezoning: From R Single Family District (County) to U3 Urban Neighborhood 3 Variance(s): From the 4 story maximum building height to 5 stories (21-03.05(f)); From the maximum building width for a stacked flats building type of 120' to 282' (21-08.02(j)(3)); From the Maximum Building Height of 55' to 59' (21-03.05(f)) 2 Location: 431 DUNDEE ST PC#0276-25 Petitioner: STEFAN BORYSIAK Requested Action: Rezoning: From U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2 Special Use: Dwelling, Multi-unit (21-06.01(j)(5)) 3 Location: 1011 HOWARD ST PC#0286-25 Petitioner: UNIVERSITY OF NOTRE DAME DU LAC Requested Action: Rezoning: From NC Neighborhood Center to U1 Urban Neighborhood 1 B. MAJOR SUBDIVISIONS - None for consideration C. TEXT AMENDMENTS - None for consideration ITEMS NOT REQUIRING A PUBLIC HEARING: A. MINOR SUBDIVISIONS Name: Frances-Howard Minor Subdivision PC#0286-25 Location: N/W Corner of Frances and Howard Name: Rotolo's Twyckenham Drive Minor Subdivision PC#0287-25 Location: 1234 N TWYCKENHAM DR Name: Marquette College Street Minor Subdivision PC#0288-25 Location: 1818 Bergan St, South Bend, IN 46628 County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning City of South Bend PLAN COMMISSION Tim Corcoran Planning Director Brian Killen Zoning Administrator Francisco Fotia Commission President B. FINDINGS OF FACT – September 15, 2025 C. UPDATES FROM STAFF 1. Zoning Ordinance Updates: Package 1 Briefing D. MINUTES – September 15,2025 E. ADJOURNMENT Commissioner Appointing Agency Term Start Term End Dr. Oliver Davis Council Appointee Until reappointed John Martinez Venues, Parks and Arts Appointee Until reappointed Sarah Barber City Engineer Appointee Until reappointed Scott Ford Bureau of Public Works Appointee Until reappointed Francisco Fotia Mayoral Appointee 9/23/2022 12/31/2025 Caitlin Stevens Mayoral Appointee 1/1/2024 12/31/2027 Tyler Gillean Mayoral Appointee 5/14/2024 12/31/2027 Maureen Miller Mayoral Appointee 8/28/2025 12/31/2029 Taylor Lewis Mayoral Appointee 9/15/2025 12/31/2028 NOTICE FOR HEARING AND SIGN IMPAIRED PERSONS Auxiliary Aid or other services may be available upon request at no charge. Please give reasonable advance request when possible. SOUTH BEND PLAN COMMISSION Page 1 of 14 Staff Report – PC#0277-25 October 20, 2025 Property Information Location: 54528 WILLIS AVE and 54638 WILLIS AVE and 54606 WILLIS AVE and 54570 WILLIS AVE and 54550 WILLIS AVE and 54528 WILLIS AVE and 54610 WILLIS AVE and 54650 WILLIS AVE Owner: TREMATERRA FAMILY LAND HOLDINGS INC Requested Action •Rezone from R Single Family District (County) to U3 Urban Neighborhood 3 •Variance(s): o From the 4 story maximum building height to 5 stories (21-03.05(f)) o From the maximum building width for a stacked flats building type of 120' to 282' (21- 08.02(j)(3)) o From the maximum building height of 55' to 59' (21-03.05(f)) Project Summary The Petitioners are requesting to annex and rezone the property to develop multi-story buildings having a maximum height of five 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 fifth floor common area on most buildings would take advantage of views towards the Notre Dame campus. Location Map Recommendation Staff Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission approve the variance on building width, approve the building height (stories) variance with the understanding that a portion of the northern most building will be limited at three stories as the development transitions to lower density in neighboring properties in county, deny the height (feet) variance as presented and send the annexation/rezoning petition to the Common Council with a favorable recommendation. Staff Report -PC#0277-25 10/20/2025 SOUTH BEND PLAN COMMISSION Page 2 of 14 Proposed Site Plan Staff Report -PC#0277-25 10/20/2025 SOUTH BEND PLAN COMMISSION Page 3 of 14 Land Uses and Zoning: On site: 5 one-unit dwellings North: 2 one-unit dwellings zoned R Single Family District (County) East: Multiunit dwellings zoned Urban Neighborhood 3 (U3) South: Multiunit dwellings zoned Urban Neighborhood 3 (U3) West: Multiunit dwellings zoned R-2 Multi-Family District (County) and Planned Unit Development (County) 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 neighborhoods in core and outlying areas of the City. Site Plan Description: The site will feature 3 stacked flats buildings facing Willis Avenue with a parking lot in the rear. Zoning and Land Use History and Trends: The existing one-unit dwellings were developed in the 1960s. Similar multiunit residential development has occurred around this parcel over the past 20 years. Traffic and Transportation Considerations: At this site, Willis Street is about 22' wide with one lane of traffic in either direction. There is no sidewalk on the development side of the street, but there is a sidewalk across the street at the townhouse development. Dunn Road is about 20' wide with one lane of traffic in either direction. It has no sidewalks. Agency Comments: The street will need to be brought up to current City Standards, including curb, sidewalk, and storm sewer. Stormwater from the street will need to go into the on-site stormwater storage system since there is no City storm network nearby to connect into. Sanitary sewer will need to be extended. The sanitary pump stations currently do not have the capacity to take on more flow. The developer will need to cover the cost of pump station upgrades. The water main may need to be upsized. It is currently only 6". The current City Standard for water main is a minimum of 8". The developer will need to evaluate the capacity of the existing 6" main to determine whether it is adequate to take on the additional demand from the development. Staff Comments: Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1.Comprehensive Plan: Policy Plan: The petition is consistent with the City Plan: Objective LU 6.1 Promote orderly and planned growth that expands outward from current city limits. Agency Comments Criteria for Decision Making Rezoning Site & Context Staff Report -PC#0277-25 10/20/2025 SOUTH BEND PLAN COMMISSION Page 4 of 14 Objective LU 7.2 Require the annexation of contiguous property being serviced with City utilities, where legally feasible, to provide for future uses as identified in the Future Land Use Map. Land Use Plan: The comprehensive plan’s future land use map identifies this area for low- to medium-density residential use. Plan Implementation/Other Plans: None 2.Current Conditions and Character: The surrounding area is mostly detached houses, townhomes, and multiunit stacked flats. There are auto-oriented commercial uses along State Road 23 to the east and the University of Notre Dame is to the west. 3.Most Desirable Use: The most desirable use is medium-density residential. 4.Conservation of Property Values: Developing a new residential project on property that is one-unit dwellings near the University of Notre Dame will contribute to the growth and value of the surrounding properties. 5.Responsible Development and Growth: It is responsible to allow multi-unit development near the University of Notre Dame where there is high housing demand. Variance(s) The petitioner is seeking the following variance(s): From the 4 story maximum building height to 5 stories (21-03.05(f)) From the maximum building width for a stacked flats building type of 120' to 282' (21-08.02(j)(3)) From the maximum building height of 55' to 59' (21-03.05(f)) 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 these variances should not be injurious to the public health, safety, morals, and general welfare of the community. The building is similar to structures that have been developed and are under development nearby. (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The use and value of the area adjacent to the property included in the variance should not be affected in a substantially adverse manner. The height and building width should not have these negative impacts on the adjacent properties (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. A strict application the ordinance would not allow for the building in its current design, although the buildings receiving the variance read as two separate and zoning compliant structures and meet the intent of the ordinance. There is no practical difficulty in building to only four stories and 55.’ New construction nearby has been able to stay within the 55’ height limit in its development with just four stories of residential space. (4) The variance granted is the minimum necessary. Staff Report -PC#0277-25 10/20/2025 SOUTH BEND PLAN COMMISSION Page 5 of 14 The height/story variances are not the minimum necessary. The height maximum for this district is 4 stories and 55’ and the project can be developed at that scale. Of nearby projects of the same scale, none have fifth-floor residential space, and only Varsity View exceeds the 55’, as the first floor had to be taller to fit a fire truck underneath the primary structure to provide rear access. The building width is the minimum necessary as the buildings will read as separate structures with a combination of elevated hallways setback from the street facing facades and multiple entrances from the street. (5) The variance granted does not correct a hardship caused by a former or current owner of the property. The need to exceed the 55’ height limit is caused by the owner’s design. The district’s height standards have been maintained by other developments within the neighborhood. The variance for the building width does not correct a hardship caused by a former or current owner of the property. Commitments: No commitments are proposed. Analysis: Annexing and zoning this property U3 will permit the further activation of this area where there is high demand for housing. Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission approve the variance on building width, approve the building height (stories) variance with the understanding that a portion of the northern most building will be limited at three stories as the development transitions to lower density in neighboring properties in county, deny the height (feet) variance as presented and send the annexation/rezoning petition to the Common Council with a favorable recommendation. Analysis & Recommendation SOUTH BEND PLAN COMMISSION Page 1 of 14 Staff Report – PC#0276-25 October 20, 2025 Property Information Location: 431 DUNDEE ST Owner: STEFAN BORYSIAK Requested Action Rezone from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2 Special Exception: Dwelling, Multi-unit (21-06.01(j)(5)) Project Summary Renovating the existing structure to permit a 4 unit multifamily development. Location Map Recommendation Staff Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning and special exception petitions to the Common Council with an unfavorable recommendation. Staff Report -PC#0276-25 10/20/2025 SOUTH BEND PLAN COMMISSION Page 2 of 14 Proposed Site Plan Staff Report -PC#0276-25 10/20/2025 SOUTH BEND PLAN COMMISSION Page 3 of 14 Land Uses and Zoning: On site: Convert an existing vacant building into multi-unit (4 unit) residential dwelling. North: A single-unit dwelling in Urban Neighborhood 1 (U1) East: Single-unit dwellings in Urban Neighborhood 1 (U1) South: A single-unit dwelling in Urban Neighborhood 1 (U1) West: Single-unit dwellings in Urban Neighborhood 1 (U1) District Intent: The U2 District is established to provide for, promote, and maintain the development of diverse housing types in urban neighborhoods located near neighborhood centers in core and outlying areas of the City. Site Plan Description: Conversion to fourplex. Half the lot was used as a parking lot stemming from past use as a church. Zoning and Land Use History and Trends: Parcel used as a place of worship dating back to 1931. Western Avenue is a half-block north and Harrison Elementary School is a block to the west. Traffic and Transportation Considerations: To the east is Dundee Street, two-way street with on street parking. A public alley is to the west of property. Agency Comments: No additional comments at this time Staff Comments: Half the lot was previously used as a parking lot when the building was used for ministry. The curb cut should be removed. Any parking should be on a hard surface and be accessed from the alley. Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1.Comprehensive Plan: Policy Plan: This application is consistent with the South Bend City Plan (2006) Objective ED 1.2 Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Plan identifies this area for Medium Density Residential, which would allow for a range of neighborhood-scaled residential housing types. Plan Implementation/Other Plans: There are no other plans for this area. 2.Current Conditions and Character: Dundee Street is made up of detached homes within the U1 District. This project would be similar in use and scale. 3.Most Desirable Use: Agency Comments Criteria for Decision Making Rezoning Site & Context Staff Report -PC#0276-25 10/20/2025 SOUTH BEND PLAN COMMISSION Page 4 of 14 The most desirable use for this property within the current zone is low to medium density residential housing that will fit the established character of the neighborhood. 4.Conservation of Property Values: Revitalizing this currently vacant duplex to a renovated fourplex should contribute to the growth and value of the surrounding properties. 5.Responsible Development and Growth: Responsible development of this property would be the continuity of housing with densities permitted in U2. Special Exception The petitioner is seeking a Special Use to allow: Dwelling, Multi-unit (21-06.01(j)(5)) A Special Use 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 health, safety, morals or general welfare of the community. The general welfare and stability of the community could benefit from the increased variety of housing types. Approval of the Special Exception should not affect the general welfare of the community, as the residence would add rental housing units to the neighborhood and use a building the had sat vacant for several years. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Allowing conversion of the existing single unit residential dwelling should not injure or adversely affect the use or value of the adjacent area or property values, provided the current residential character is maintained. Property values would be adversely affected if the project does not meet the district and building standards in the City’s Zoning Ordinance. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; This four-unit dwelling will be consistent with the character of the district and neighborhood in both use and style of construction. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006) Objective H1.1: Encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. Commitments: No commitments are proposed. Analysis: Rezoning this property would not be consistent with the City Plan to provide well-designed housing on Analysis & Recommendation Staff Report -PC#0276-25 10/20/2025 SOUTH BEND PLAN COMMISSION Page 5 of 14 vacant spaces. As this project features a former church, it must resemble the residential nature of theneighborhood before becoming a residential use. The designs provided at the time of this report do not meet the standards set forth in the zoning ordinance. Special exceptions for converting existing structures into multi-unit dwellings in Urban Neighborhood 2 are required to encourage property owners to use good building design and to bring existing structures into compliance with the zoning code. The designs provided do not fulfill that compliance. Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning and special exception petitions to the Common Council with an unfavorable recommendation. SOUTH BEND PLAN COMMISSION Page 1 of 14 Staff Report – PC#0286-25 October 20, 2025 Property Information Location: 1011 HOWARD ST Owner: UNIVERSITY OF NOTRE DAME DU LAC Requested Action Rezone from NC Neighborhood Center to U1 Urban Neighborhood 1 Project Summary Rezone a .46 acre parcel. Location Map 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. Staff Report -PC#0286-25b 10/20/2025 SOUTH BEND PLAN COMMISSION Page 2 of 14 Proposed Site Plan Staff Report -PC#0286-25b 10/20/2025 SOUTH BEND PLAN COMMISSION Page 3 of 14 Land Uses and Zoning: On site: Vacant land except for one accessory structure (garage). North: A one unit dwelling zoned Urban Neighborhood 1 (U1) East: Stacked flats zoned Neighborhood Center (NC) South: Townhouses zoned Neighborhood Center (NC) West: One unit dwellings zoned Urban Neighborhood 1 (U1) District Intent: The U1 District is established to provide for, promote, and maintain urban neighborhoods located in core and outlying areas of the City. Site Plan Description: Subdivide the property into four lots for one unit dwellings. Zoning and Land Use History and Trends: This area has been used for low density residential since single-family houses were built sometime between 1917 and 1945. A house stood on the property until around 2007, when the first demolition occurred. Presently, the southern end of the block is vacant except for one remaining accessory building. Traffic and Transportation Considerations: Howard Street is a two lane collector with on-street parking. Frances Street is a two lane local with on-street parking with residential permit limitations. A public alley is accessible from Howard Street. Agency Comments: None None Staff Comments: The Northeast Neighborhood Plan identifies this area as the Frances Street - Napoleon Street Area and a transition zone from the higher density Eddy Street Commons to the lower density residential development to the west. While the plan’s future zoning map designates this parcel as U2, keeping this area low to medium density with U1 would not be inconsistent with the neighborhood plan. Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1.Comprehensive Plan: Policy Plan: This petition is consistent with the Northeast Neighborhood Plan (2022). The Frances Street - Napoleon Street Area focus is for medium-density residential buildings that transition from Eddy Street Commons to one unit dwellings to the west. Land Use Plan: The Northeast Neighborhood Plan as adopted in 2022 identifies this area for medium density housing. The plan envisions this area as a transition in housing density from Eddy Street Commons to one unit dwellings west of Frances Street. Agency Comments Criteria for Decision Making Rezoning Site & Context Staff Report -PC#0286-25b 10/20/2025 SOUTH BEND PLAN COMMISSION Page 4 of 14 Plan Implementation/Other Plans: The Northeast Neighborhood Plan (2022) seeks to allow a greater quantity and diversity in housing units. New housing should be carefully designed and located to support and positively influence neighborhood character. 2.Current Conditions and Character: The property is located within the NNZO Northeast Neighborhood Zoning Overlay district which serves to encourage high-quality design of new buildings and site development that preserves and enhances the character of a traditional neighborhood. 3.Most Desirable Use: The most desirable use, at this time, is a range of low to medium density residential housing types that will seamlessly fit in the established character of the neighborhood. 4.Conservation of Property Values: Allowing for the continued use of the property as residential uses should increase property values throughout the area and encourage future residential development along this section of Howard Street. 5.Responsible Development and Growth: It is responsible development and growth to allow for a variety of housing options within this neighborhood. Commitments: No commitments are proposed. Analysis: Rezoning the site to U1 will allow for residential growth and increased housing options in the neighborhood while not drastically changing the established character. 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. Analysis & Recommendation SOUTH BEND PLAN COMMISSION Page 1 of 9 Staff Report – PC#0286-25 October 20, 2025 Property Information Subdivision Name: Frances-Howard Minor Subdivision Location: Northeast corner of Frances Street and Howard Street Requested Action The total area of the subdivision is 0.78 acres and will consist of 4 building lots. Location Map Recommendation Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval. SOUTH BEND PLAN COMMISSION Page 2 of 9 Staff Report – PC#0286-25 October 20, 2025 Proposed Plat Project Details Environmental Data: A check of the Agency's maps indicates that no environmental hazard areas or wetlands are present. Drainage: No comments. Rights-Of-Way: The rights-of-way are correct as shown. Utilities: The site will be served by Municipal Water and Municipal Sewer. Agency Comments: Engineering – Access will be from alley, need to eliminate existing approach on Frances Street. Any curbs, curb ramps, or sidewalks in poor condition will need to be replaced. Recommendation SOUTH BEND PLAN COMMISSION Page 3 of 9 Staff Report – PC#0286-25 October 20, 2025 Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval. SOUTH BEND PLAN COMMISSION Page 1 of 9 Staff Report – PC#0287-25 October 20, 2025 Property Information Subdivision Name: Rotolo's Twyckenham Drive Minor Subdivision Location: 1234 N TWYCKENHAM DR Requested Action The total area of the subdivision is 0.3 acres and will consist of 2 building lots. Location Map Proposed Plat Recommendation Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval. SOUTH BEND PLAN COMMISSION Page 2 of 9 Staff Report – PC#0287-25 October 20, 2025 SOUTH BEND PLAN COMMISSION Page 3 of 9 Staff Report – PC#0287-25 October 20, 2025 Project Details Environmental Data: A check of the Agency's maps indicates that no environmental hazard areas or wetlands are present. Drainage: No comments. Rights-Of-Way: The rights-of-way are correct as shown. Utilities: The site will be served by Municipal Water and Municipal Sewer. Agency Comments: Engineering – Provide access plan, contractor will need to apply for curb cuts for the two lots, any curb or sidewalk damaged during construction will need to be replaced, contractor will need to obtain ROW permits for the sewer and water taps. Recommendation Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval. SOUTH BEND PLAN COMMISSION Page 1 of 9 Staff Report – PC#0288-25 October 20, 2025 Property Information Subdivision Name: Marquette College Street Minor Subdivision Location: 1818 Bergan Street Requested Action The total area of the subdivision is 7.18 acres and will consist of 2 building lots. Location Map Recommendation Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval. SOUTH BEND PLAN COMMISSION Page 2 of 9 Staff Report – PC#0288-25 October 20, 2025 Proposed Plat SOUTH BEND PLAN COMMISSION Page 3 of 9 Staff Report – PC#0288-25 October 20, 2025 Project Details Environmental Data: A check of the Agency's maps indicates that no environmental hazard areas or wetlands are present. Drainage: Not provided – but only required if site improvements are being made with more than 2,500 square feet of ground disturbance. Rights-Of-Way: The rights-of-way are correct as shown. Utilities: The site will be served by Municipal Water and Municipal Sewer. Agency Comments: Engineering – Discuss school zone safety plan with engineering since school has bus loading zones in the public ROW that have not been approved by the Board of Public Works, additional modifications to the access plan may be recommended, alley approach will need to be replaced; this is shown on the construction plans, the two buildings will need to have separate sewer and water laterals if they don’t already, curb ramps on the corners on Bergan do not meet current city standards and other curb and sidewalk may need to be replaced, including adding five-foot tree lawns between the curb and sidewalk. Recommendation Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval.