HomeMy WebLinkAbout45-25 Annexation of Properties located at the Southeast Corner of Willis Avenue and Dunn Road ��0 9LAN co, County-City Building
47
<L% City of South Bend 227 W. Jefferson Blvd. 1400S
�' ° South Bend, IN 46601
PLAN COMMI55I0N (574) 235-7627
\� www.southbendin.gov/zoning
in Clerk's Office
July 23, 2025 .�.. JUL 2 3 2025
Honorable Committee Chair Oliver Davis `
4th Floor, County-City BuildingBianca SouthT o
Y Y City Clerk, Bend, IN
South Bend, IN 46601
RE: 54528, 54550, 54570, 54606, 54610, 54638, 54650 WILLIS 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,
sorAt
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
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.
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�t\0?LAN 0GI
County-City Building
C i t y o f S o u t h Bend 227 W Jefferson Blvd. 1400S
° South Bend,IN 46601
PLAN COMMISSION (574)235-7627
www.southbendin.gov/zoning
,.--1
FS,48,,,nED,''
Filed in Clerk's Office
Wednesday,August 20,2025 !'.i ^� 2 0 n 20'S
South Bend Common Council
rado
227 W.Jefferson Blvd.,4`h Floor Bianca Tth B
South Bend, IN 46601 City Clerk, South Bend, IN
Re: Bill#45-25 -A proposed ordinance of TREMATERRA FAMILY LAND HOLDINGS INC to zone
from R Single Family District(County)to U3 Urban Neighborhood 3,property located at 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, City of South Bend-
PC#0264-25
Dear Council Members:
I hereby Certify that the above referenced ordinance of TREMATERRA FAMILY LAND HOLDINGS
INC 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 TREMATERRA FAMILY LAND HOLDINGS INC to zone from R Single Family
District(County)to U3 Urban Neighborhood 3,property located at 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,City of South Bend is
TABLED.
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,
ç175( .
Timothy P. Staub
Zoning Specialist
Attachment
CC: TREMATERRA FAMILY LAND HOLDINGS INC
Bob Palmer
Tim Corcoran Tim Corcoran Francisco Fotia
Planning Director Interim Zoning Administrator Commission President
��pLAN C0
f
�, �, County-CityBuilding��'t City of South Bend227W.JeffersonBlvd. 14005 z South Bend,IN 46601
PLAN COMMISSION (574) 2/zonin7
www.southbendin.gov/zoning
4.ST48USHE01419
Filed in Clerk's Office
Wednesday, September 17,2025 ),1`s
rado
South Bend Common Council Bianca Tth B
227 W.Jefferson Blvd.,4th Floor City Clerk, South Bend, IN
South Bend,IN 46601
Re: Bill#45-25 -A proposed ordinance of TREMATERRA FAMILY LAND HOLDINGS INC to zone
from R Single Family District(County)to U3 Urban Neighborhood 3,property located at 54528 WILLIS
AVE and 54638 WILLIS AVE and 54606 WILLIS AVE and 54570 WILLIS AVE and 54550 WILLIS
AVE and 54610 WILLIS AVE and 54650 WILLIS AVE,City of South Bend-PC#0268-25
Dear Council Members:
I hereby Certify that the above referenced ordinance of TREMATERRA FAMILY LAND HOLDINGS
INC was legally advertised on August 8,2025 and that the South Bend Plan Commission at its public
hearing on September 15,2025 took the following action:
Upon a motion by Scott Ford,being seconded by Tyler Gillean and unanimously carried,a proposed
ordinance of TREMATERRA FAMILY LAND HOLDINGS INC to zone from R Single Family
District(County)to U3 Urban Neighborhood 3,property located at 54528 WILLIS AVE and 54638
WILLIS AVE and 54606 WILLIS AVE and 54570 WILLIS AVE and 54550 WILLIS AVE and
54610 WILLIS AVE and 54650 WILLIS AVE,City of South Bend is TABLED.
Minutes of the public hearing are available in our office and will be posted on our website once approved.
Sincerely,
CrA i 131
Timothy P Staub
Zoning Specialist
Attachment
CC: TREMATERRA FAMILY LAND HOLDINGS INC
Bob Palmer
•
Tim Corcoran Tim Corcoran Francisco Fotia
Planning Director Interim Zoning Administrator Commission President
-51,LANCO. City Hall
oas4s 215 S. Dr. Martin Luther King,Jr. Blvd.
z C ity of South Bend South Bend,IN 46601
PLAN COMMISSION (574) 235-7627
www.southbendin.gov/zoning
' LRY[D L
Filed in Clerk's Office
Tuesday,October 21,2025 Oct 21, 2025
South Bend Common Council Bianca Tirado
215 S. Dr. Martin Luther King,Jr. Blvd. City Clerk, South Bend, IN
South Bend, IN 46601
Re: Bill#45-25-A proposed ordinance of TREMATERRA FAMILY LAND HOLDINGS INC to zone
from R Single Family District(County)to U3 Urban Neighborhood 3,property located at 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,City of South Bend-
PC#0277-25
Dear Council Members:
I hereby Certify that the above referenced ordinance of TREMATERRA FAMILY LAND HOLDINGS
INC was legally advertised on August 8,2025 and that the South Bend Plan Commission at its public
hearing on October 20,2025 took the following action:
Upon a motion by John Martinez,being seconded by Scott Ford and unanimously carried, a proposed
ordinance of TREMATERRA FAMILY LAND HOLDINGS INC to zone from R Single Family
District(County)to U3 Urban Neighborhood 3,property located at 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,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,
;?t/t:t'-
Brian Killen
Zoning Administrator
Attachment
CC: Bob Palmer
Tim Corcoran Brian Killen Francisco Fotia
Planning Director Zoning Administrator Commission President