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Home My WebLink About04-13-2026 FINAL Packet OFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK INTEGRITY | SERVICE | ACCESSIBILITY Jasmine Jackson Matthew Neal Veronica Pitt-Payne CHIEF DEPUTY CITY CLERK / CHIEF OF STAFF DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 300 City Hall | 215 S. Martin Luther King, Jr. 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, APRIL 9, 2026 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, April 13, 2026: Council Chambers 3rd Floor City Hall 215 S. Dr. Martin Luther King Jr. 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/041326CC 5:00 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WARNER 1. Bill No. 26-11 - Designating Resolution - Real Property Tax Abatement for Wharf Partners LLC 5:15 P.M. ZONING & ANNEXATION CHAIRPERSON, DR. DAVIS 1. Bill No. 14-26 - Special Exception at 915 Harrison Avenue 2. Bill No. 15-26 - Special Exception at 1245 East Madison Street 3. Bill No. 16-26 - Special Exception at 1010 Fuerbringer Street 4. Bill No. 17-26 - Special Exception at 812 Oak Street 5. Bill No. 18-26 - Special Exception at 1249 Corby Boulevard Council President Canneth Lee has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning & Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, C. LEE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 300 City Hall | 215 S. Martin Luther King, Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR VIRTUAL ATTENDEES Virtual attendees wishing to speak during the public portion of the meeting must activate their camera, displaying the speaker, to be recognized by the Chair. 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, April 13, 2026 7:00 P.M. The South Bend Common Council meeting will be open to the public at the Council Chambers on the 3rd floor of the South Bend City Hall, 215 South Dr. Martin Luther King Jr. 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/SBCC041326 1. INVOCATION CHUCK ZOOK – SUMMIT CHURCH 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES MARCH 23, 2026 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES PUBLIC WORKS - UPDATE 7. COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 14-26 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 915 HARRISON AVENUE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 2 15-26 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 1245 EAST MADISON STREET COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 16-26 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 1010 FUERBRINGER STREET COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 17-26 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 812 OAK STREET COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 18-26 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 1249 CORBY BOULEVARD COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 8. BILLS ON THIRD READING TIME:______ BILL NO. 14-26 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 915 HARRISON AVENUE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 15-26 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 1245 EAST MADISON STREET COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 16-26 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 1010 FUERBRINGER STREET COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 3 17-26 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 812 OAK STREET COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 18-26 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 1249 CORBY BOULEVARD COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 9. RESOLUTIONS BILL NO. 26-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 312-318 EAST COLFAX AVENUE, SOUTH BEND, INDIANA 46617 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX-YEAR (6) REAL PROPERTY TAX ABATEMENT FOR WHARF PARTNERS LLC 10. BILLS ON FIRST READING BILL NO. 19-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE UNADDRESSED PARCELS AT SOUTHERN TERMINUS OF GLEN AND DOROTHY STREET (PARCEL IDs: 018-8154-5549, 018-8154-5550, 018-8154-5563, 018-8154-5556) COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 20-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: WESTERN ½ OF THE UNIMPROVED NORTH/SOUTH RIGHT-OF-WAY NORTH OF CALVERT AND IMMEDIATELY EAST OF 2801 WEST CALVERT 21-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTERS 3, 4, 6, 13, 14, AND 17 OF THE SOUTH BEND MUNICIPAL CODE TO ALIGN WITH ZONING CHAPTER 21 4 22-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE MISCELLANEOUS CHANGES FOR CLARIFICATION AND CONSISTENCY TO SIMPLIFY DEVELOPMENT PROCESS AND TO ACHIEVE HIGHER QUALITY DEVELOPMENT 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ NOTICE FOR VIRTUAL ATTENDEES Virtual attendees wishing to speak during the public portion of the meeting must activate their camera, displaying the speaker, to be recognized by the Chair. 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 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. 2026 COMMON COUNCIL STANDING COMMITTEES (Rev. 03-02-2026) 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 Ophelia Gooden-Rodgers, Member Thomas Gryp, Citizen Member Kevin Upton, 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 Pickens, 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 Sheila Niezgodski, 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 Brittney Erp, Citizen Member Savino Rivera Jr., 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 Maria Gibbs, Citizen Member Joshua Walters, 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 Aaron Nichols, Citizen Member Frances Schmuhl, 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 Ophelia Gooden-Rodgers, Member Karen L. White, Vice-Chairperson Rachel Tomas Morgan, Member Caz Margenau, 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. Ophelia Gooden-Rodgers, Chairperson Dr. Oliver Davis, Member Sheila Niezgodski, Vice-Chairperson Troy Warner, Member Abel Gonzalez, 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 Sherry Bolden-Simpson Angela Smith, Citizen Member Jessie Whitaker, 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 Rachel Tomas Morgan, Vice-Chairperson Ophelia Gooden-Rodgers, Member Dr. Oliver Davis, Member Sharon McBride, Member Joseph Mayer, Citizen Member Doris McEwen, 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 Danny Koontz, 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 2026 COMMON COUNCIL STANDING COMMITTEES (Rev.03-02-2026) 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, Chairperson Community Investment Committee, Member PARC Committee, Member Personnel & Finance Committee, Member Residential Neighborhoods Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Health & Public Safety Committee, Member Information & Technology Committee, Member Residential Neighborhoods Committee, Member Utilities Committee, Member TROY WARNER, 4TH District Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Council Rules Committee, Member Health and Public Safety, Vice-Chairperson PARC Committee, Member Public Works & Property Vacation, 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 Residential Neighborhoods Committee, Member Sub-Committee on Minutes, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Community Relations Committee, Member Council Rules Committee, Member Health & Public Safety Committee, Member Public Works & Property Vacation, Vice-Chairperson Utilities Committee, Member Residential Neighborhoods Committee, Vice-Chairperson DR. OLIVER DAVIS, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Health & Public Safety Committee, Member Information & Technology Committee, Member Utilities Committee, Member Public Works & Property Vacation Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member Information & Technology Committee, Chairperson Utilities, Vice-Chairperson Zoning & Annexation Committee, Vice-Chairperson KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Community Relations Committee, Vice-Chairperson Community Investment Committee, Vice-Chairperson PARC Committee, Vice-Chairperson Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member City of South Bend BOARD OF ZONING APPEALS March 10, 2026 Honorable Dr. Oliver Davis Filed in Clerk's Office 3rd Floor, City Hall South Bend, IN 46601 Mar 11, 2026 Bianca I irado RE: Special Exception at 915 Harrison Avenue City Clerk South Rend. IN Dear Committee Chair Dr. Davis: Enclosed is an Ordinance for the proposed Special Exception at the above-mentioned location. Please include the attached Ordinance on the Council agenda for first reading at your March 23, 2026, Council meeting and set it for public hearing at your April 13, 2026, Council meeting.The petition is tentatively scheduled for public hearing at the April 6, 2026, 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 the use of a duplex. 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, Brian Killen Zoning Administrator CC: Bob Palmer City Hall I 215 S. Dr. Martin Luther King,Jr. Blvd South Bend, IN 46601 I 574-235-7627 14-26 Filed in Clerk's Office Mar 11, 2026 BILL NO. 14-26 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 915 HARRISON AVENUE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE :AND INTENT Request a Special Exception to allow a two-unit dwelling 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: 915 Harrison Avenue In order to permit a two-unit dwelling. 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 2026, at o'clock .m. Bianca L. Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2026,at o'clock m. James Mueller,Mayor City of South Bend, Indiana 2 - City of South Bend 215 S Dr. Martin Luther King Jr Blvd - Suite 500, South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information l Tax Key Number: 018-1072-3037 icLo,3.'a Address: 915 Harrison Ave, South Bend, IN 46616 Owner: Near Northwest Neighborhood, Inc. Zoning: U1 Urban Neighborhood 1 a J a r Project Summary: We propose the development of a new construction side-by-side duplex as part of new infill development in the near northwest neighborhood. The duplex will be two 2-BR units, and designed to be contextual with the surrounding neighborhood. Requested Action Special Exception/ Use Variance— complete and attach Criteria for Decision Making Use requested: Dwelling - 2 Units Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office Mar 11, 2026 Bianca IIrado City Clerk South Bend. IN Required Documents 0 Completed Application (including Criteria for Decision Making and Contact Information) 0 Site Plan drawn to scale 0 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: Proposed use of a duplex (two-family residence) fits within the neighborhood context and character. The project will be similar to the size of a single family residence and will not be injurious in any way. 2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: Proposed use of a duplex (two-family residence) fits within the neighborhood context and character. The project will be designed as an infill development that will match the character of the neighborhood, and will put a vacant lot back to re-use. 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 character of the district includes many examples of side-by-side duplex properties, designed to be the size of a single family home. The design of the project will be contextual in massing and materials. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: 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. The petition is also consistent with the Near Northwest Neighborhood Plan 2019) to "encourage new development to respond to the existing character", and "thoughtful integration of missing middle housing types can provide housing affordability and housing choice" 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: Near Northwest Neighborhood, Inc. Address: 1007 Portage Ave South Bend, IN 46616 Name: Address: Name: Address: Contact Person: Name: Kathy Schuth / Jeff Stanifer Address: 1007 Portage Ave South Bend, 1N 46616 Phone Number: 574 232 9182 nnndirector@nearnorthwest.org 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: Dyitd.ly Synod by Kathy Schuh Kathy Schuth ON`° '°'S h"`'°" ' Nagnna.naod,'nc.ou. hrwdiredOr naarroM.wsl.org,c=l:S Onto 2026 O1.30 18 01 24-1K00 City Hall City of South Bend 215 S. Martin Luther King, Jr. Blvd. Suite 500 BOARD OF ZONING APPEALS South Bend, IN 46601 574) 235-7627 Filed in Clerk's Office April 8,2026 Apr 8, 2026 Common Council of South Bend Bianca Tirado 3rd Floor Council Chambers City Clerk, South Bend, IN South Bend, IN 46601 Re: 14-26: The petition of NEAR NORTHWEST NEIGHBORHOOD INC seeking a Special Exception for a Dwelling,2 Units in Ul Urban Neighborhood 1 [21-03.03(c)] in the U1 Urban Neighborhood I for property located at 915 HARRISON AVE Dear Council Members: I hereby Certify that the above referenced petition of NEAR NORTHWEST NEIGHBORHOOD INC was legally advertised on March 27, 2026 and that the South Bend Board of Zoning Appeals at its public hearing on April 6,2026 took the following action: Upon a motion by Mark Burrell,being seconded by Kaine Kanczuzewski and unanimously carried,a petition by NEAR NORTHWEST NEIGHBORHOOD INC seeking a Special Exception for a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] for property located at 915 HARRISON AVE, 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, Brian Killen Zoning Administrator Attachment CC: Bob Palmer Staff Report — BZA#0402-26 April 6, 2026 Property Information Location:915 HARRISON AVE Owner: NEAR NORTHWEST NEIGHBORHOOD INC Project Summary The petitioner seeks to build a new two unit dwelling. Requested Action Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] Site Location oa+ T r 7111‘, -,jiti 1 li, \ ,AL. ,,,,,,, 4-4 tom CALIFORNIA ZE .+ew t 4. ..:ii,emb. , 1 1,1 , li-A-r--4- 4,, ,, r7:4,, w . ,..... p, k ,, t firt 1, r-.:relj ik• towyA,: •lilt lip .,-, i.,,. r,. 1 • QEl' 4 maL....:yitt iu imir i rirr Kr i aAllip r 4 y, f L i - 4 t 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 a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report— BZA#0402-26 April 6, 2026 Proposed Site Plan ir_ , y...- -- .4....1••• _ rrc.r.rr, _ M1._____G I I I 1 1 1 III 1 MCMOI T.O.RN AYI riMiblWarr rOtanOaf.\ yV ter..... EN 1 F r r17 Itilli a 0 ''0 t i •r- o ..,m tk I tyf'!Vn 1Vi."44'. iy'rr Oy11 p.W SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report — BZA#0402-26 April 6, 2026 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; Approval of this Special Exception should not be injurious to the public health, safety, morals, and general welfare of the community. The building shall be a newly constructed duplex on a vacant lot, which will provide more housing units in the neighborhood and help to increase safety and the general welfare of the community. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Building this two unit dwelling should not injure or adversely affect the uses or values of adjacent properties and the area around the building. As proposed, the building is consistent with the scale, character, and land use of the surrounding neighborhood, and will provide housing on a lot that is currently vacant, potentially raising property values. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; A two unit dwelling will complement the existing housing stock, match the scale and character of the neighborhood, and provide infill housing on a vacant lot. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with Objective H1.1 from the city's comprehensive plan, which is to encourage residential developments that contain a mix of housing types, densities, price ranges, and amenities. It also aligns with the 2019 Near Northwest Neighborhood Plan, which identified this stretch of Harrison Avenue as a target area for development. Analysis & Recommendation Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will provide additional housing units and fill in a lot that is currently vacant. 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 3 of 3 City of South Bend BOARD OF ZONING APPEALS March 10, 2026 Honorable Dr. Oliver Davis 3rd Floor, City Hall South Bend, IN 46601 RE: Special Exception at 1245 E. Madison Street Dear Committee Chair Dr. Davis: Filed in Clerk's Office Mar 11, 2026 H1ancu 1"1rado City Clerk .. outh J:lcnd, I Enclosed is an Ordinance for the proposed Special Exception at the above-mentioned location. Please include the attached Ordinance on the Council agenda for first reading at your March 23, 2026, Council meeting and set it for public hearing at your April 13, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the April 6, 2026, 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 the use of a duplex. 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, �� Brian Killen Zoning Administrator CC: Bob Palmer City Hall I 215 S. Dr. Martin Luther King, Jr. Blvd I South Bend, IN 46601 I 574-235-7627 15-26 Filed in Clerk's Office Mar 11, 2026 BILL NO. 15-26 Bianca I irado 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 1245 E.MADISON STREET COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow a two-unit dwelling 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: 1245 E. Madison Street In order to permit a two-unit dwelling. 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 2026, at o'clock .m. Bianca L. Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2026,at_o'clock m. James Mueller,Mayor City of South Bend, Indiana 2 - City of South Bend 215 S Dr. Martin Luther King Jr Blvd - Suite 500, South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number 71-09-06-360-015.000-026 Filed in Clerk's Office Address: 1245 E Madison Mar 11, 2026 Owner Nathanael Sprunger Bianca'lirado City Clerk, South Bend, IN Zoning: U2 Urban Neighborhood 2 Project Summary: Construction of a duplex thoughtfully designed to resemble a larger single family home. Requested Action E Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested: Dwelling- 2 Units E Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 3/41)4 Required Documents J Completed Application (including Criteria for Decision Making and Contact Information) O 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: This is simply a 2 unit dwelling 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The dwelling will take the place of the existing inferior dwelling. As such, the surrounding properties will likely enjoy an increased property value. 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 dwelling will be constructed mostly to resemble a detached home. 4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: This construction helps address the "missing middle" while still maintaining the character of the neighborhood. Contact Information Property owner(s) of the petition site: Name: Nathanael Sprunger Address: 1511 E Jefferson Blvd South Bend, IN 46617 Name: Address: Name: Address: Contact Person: Name: Nathanael Sprunger Address: 1511 E Jefferson Blvd South Bend, IN 46617 Phone Number: 574-242-2222 Nathan.sprunger@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: Housing -,-'-- Housing A range of housing strategies will help ensure the Northeast Neighborhood is a successful.diverse.mixed-income area. Market Extremes Missing Middle Repair and Quality In parts of the Northeast Neighborhood,especially Several tactics can be employed to encourage A mix of housing types and price points can Housing repair assistance can allow neighborhood near the University of Notre Dame,affordable an adequate supply of housing at various price mean that housing is avaliable for people of all residents to stay in their homes as they age. houses have been replaced with high-priced points. household types and income levels.One way Code Enforcement can ensure that houses and units. In some cases,this process has included • Multi-unit housing can usually be built and to support this mix is through"missing middle" their yards are kept in acceptable condition;in the consolidation of residential lots for a single-offered at a lower cost per unit than detached housing.Missing middle housing is a range of particular,the City's Rental Safety Verification family house,leading to fewer housing units. houses. house-scale buildings with multiple units—Program Code can assure a level of quality for Other houses are used as second homes for A nonprofit community land trust,which compatible in scale and form with detached rental housing units. out-of-town owners or exclusively for short-term would own the land and steward it for the single-family houses—located in a walkable rentals through platforms such as Airbnb or Vrbo. community's benefit,could be established to neighborhood.This housing is called"missing" Together,these factors constrain the supply of ensure long-term housing affordability. because zoning regulations had made it difficult housing in those areas and increase prices well • The short-term rental of houses not having a or impossible to build over the last half-century beyond what most households would be able to permanent occupant could be restricted.and"middle"because it sits in the middle of a afford. In stronger market areas,Lot consolidations spectrum between detached single-family houses should be discouraged.and mid-rise to high-rise apartment buildings,in Conversely,in other parts of the Northeast In weaker market areas,pre-approved building terms of form,scale,number of units,and often, Neighborhood.most often in Its southern plans for residential structures and grants affordability. and eastern portions,the cost of constructing to construct sewer laterals are among the or rehabilitating housing is greater than the potential ways to make new construction of Often seen in South Bend in the form of duplexes, appraised value of the property once it is attainable housing units possible. townhouses,and small apartment buildings, completed.This financial gap is a barrier to the • Additionally,housing providers,both for-profit missing middle housing was part of the historic supply of quality,attainable housing. and nonprofit,can use tax credits,government development of the city Many of these types grants.and other financing tools to rehabilitate can still offer opportunities for ownership and or build new housing units for lower-income for the amenities that can be found in detached households.Some of these affordable units houses or in large apartment buildings.The South could be dedicated specifically for senior Bend Zoning Ordinance has been reformed to housing. promote missing middle housing,but changes to the zoning map for the neighborhood can further encourage these units. 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S IV rt NIGAL WO ) ti f O a AT 3...„w.... i j* E 6EDROOM 14 .I CI I it 0MINI•',W1EXCAVATED S RUM cII o 4 2 4 WO i .. Y BATHIt i 2 PAMILY ROOM 12. I 1 P_i tY A 1 4 BEDROOM•4i I , 2 4y tlY• 9I I VATEP!; IFAMILYROOM T+ i ice. o r Tr: GMAT/ k e;_,-----3 VA = I a 53s, NOTES: 2148 EXTERIOR HOUSE WALLS 9'-1 II8 FIRST FLOOR WALL HT. iI-UNIT 1 2- MAIN FLOO LNM AREA 944 5 . T. UNIT -MAIN FLOORR LIVINGG AREA• S911 O0.FFT. •.a+a. ..0II/LeI.9'-1 1IS'SECOND FLOOR WALL HT. a.1. .0. eCCK,m p` i-UNIT 1.SECOND FLOOR LIVING AREA=809 SQ.FT. 6 ;-UNIT 2 SECOND FLOOR LIVING AREA=784 SO.FT. w cT.ri r-9'FOUNUAI IDN WALLS m BASEMENT UNFINISHED 1W...•.:.,1.Ir..../ -OM.,..o.. PRO.C1MO FOUNDATION PLAN 3r,1 241.7177 SP:6034 e neD41_T P 1245 MAA!SD N 5.1 a s 5.1 mQ. a a•r4r 3 o, 1 8 meB P. S Y 3 If 2 CAR GARAGE ; 8 5 5 2 4 1 WALL f. c a rd U v WI-- I: _I a r I BA I_ I b I CAR fiARAGE 5 r T 1 I R Les a r i a a INIIIIIIIIIIMEN PRIM A1I2TEMIR w I y ! 1MIMI E A 5 MIMI Rom I p. MIN I MAW i\ y i:k i • KIT :: DINING o S 6.I:.' im mom 4 e b 1 DINING GREAT ROOM o O b 9 tt o0 v t 4 c f KITCHEN I d. TTI I. UN T 2 4 3 1 fro. i. ly..• I 4,rr y f4 • Yam•- 14i 5 MOTES: r--2X8 EXTERIOR NOOSE WALLS 9'-1 1/9'FIRST FLOOR WALL HT. F - UNIT I-MAIN FLOOR UVINO AREA•944 SQ.FT. UNIT 2-MAIN FLOOR LMNG AREA•911 SO.FT. a I9'.1 1/8'SECOND FLOOR WALL HT. p.a.Lf-siwa MD Gaul UNIT 1-SECOND FLOOR LMNG AREA=809 SQ.FT. '.. I-UNIT 2-SECOND FLOOR WINO AREA=784 SQ.FT. cder39'FOUNDATION WALLS u c LSASEMENT UNFINISHED v.. rn / Jo•rn n•.. s.-ut u CT. MAIN FLCOR PLAN w .++ 1.1J JlT!9P]bOJA Ba L-LTo i245M4DfSO(ti' ri 21. a 1 Es 3 1 E 8 T ii al V__ 1,____ 2 aI Li:-i.rY rw• g 1 BEDROOM 4 i it MY 8y I ... T 5 BATH xe I ; • Ewa.uu Pi 9. ED rY'•I r< .. / J BROOM•3 1 T' Y '' r i li II i i t g 9 Qi vow rs a LOFT 3- an• 4 d 0 BATH I__ r Q 17 it SD . A' LOFT BEDROOM C . 1 3 MAN FLOOR UFR t 6 1NOTES:ym EXTERIOR HOUSE WALLS p • 9%1 118•FIRST FLOOR WALL HT. 3 - UNIT 1-MAIN FLOOR LIVING AREA=84.60.FT. UNIT 2-MAIN FLOOR LIVING AREA=911 SQ.PT vn44c s nooti ao 1 NWSECOND FLOOR WALL HT A°0^Lunn.."Oex, OM. yH .UNIT 1 SECOND FLOOR LIVING AREA=609 SQ.FT. n«,ioDm.,oe UNIT 2-SECOND FLOOR LIVING AREA 784 SO.FT. j •S FOUNDATION WALLS CON. BASEMENT UNFINISHED ma., iuo.mu nW.:n. P.A. .. WI , .a.SECOND FLOOR PLAN 17..241 J3)1 87'2bO1a B,G, E4ZVC.r P a 1245 MAD lSON TIE a. b A s le II 2 Y. E i F E Iso 2 ii WS 8 E j c I Q f igl p 4o 0 E I i2 8 3 E. NOTES: 2.MS EXTERIOR HOUSE WALLS 9.1 1/L'FIRST FLOOR WAL_HT. F -UNIT 1-MAIN FLOOR LIVING AREA-944 SQ.FT. s -UNIT 2-MAIN FLOOR LIVING AREA=91. SQ.FT. 9'-1 II9-SECOND FLOOR WALL HT. UNIT 1 SECOND FLOOR LIVING AREA=90B SO.FT. omr., UNIT 2-SECOND FLOOR LIVING AREA-78/SQ.FT. cowar*ow 9'FOUNDATION WALLS gc •BASEMENT UNFINISHED a]T.„0tr. GALE DATE „a,rCT... SITE PLAN 57.4]u A 8P7801t s ezDc Ta sb ]!YA 1245 MAD ISO N City Hall City of South Bend 215S. MartinLutherKing, Jr. Blvd. Suite 500 BOARD OF ZONING APPEALS South Bend,IN 46601 574) 235-7627 Filed in Clerk's Office April 8, 2026 Apr 8, 2026 Common Council of South Bend Bianca Tirado 3rd Floor Council Chambers City Clerk, South Bend, IN South Bend, IN 46601 Re: 15-26: The petition of Sprunger Nathan seeking a Special Exception for a Dwelling,2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] in the U 1 Urban Neighborhood 1 for property located at 1245 MADISON ST Dear Council Members: I hereby Certify that the above referenced petition of Sprunger Nathan was legally advertised on March 27, 2026 and that the South Bend Board of Zoning Appeals at its public hearing on April 6,2026 took the following action: Upon a motion by Mark Burrell,being seconded by Kaine Kanczuzewski and unanimously carried,a petition by Sprunger Nathan seeking a Special Exception for a Dwelling, 2 Units in U 1 Urban Neighborhood 1 [21-03.03(c)] for property located at 1245 MADISON 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, Brian Killen Zoning Administrator Attachment CC: Bob Palmer Staff Report — BZA#0407-26 April 6, 2026 Property Information Location:1245 MADISON ST Owner: Sprunger Nathan Project Summary The petitioner seeks to build a new two unit dwelling. Requested Action Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] Site Location ir J 671111 . 4 li re ., Ly , , 1 _ r . tL^ s i 1 i b i. v rillH A I',. . ft', ' d h k t t r 1, YP J 1 ti N't,n HY/` 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 Staff Report— BZA#0407-26 April 6, 2026 Proposed Site Plan d a r aE. a Y h 2_AIR 3ARdE :C f I R. 1 Q y"_. ean+ I GAR*ARAM , , e 1!. 1 a 4 C.MeOdP441t e a y p if 66. lig__ ,,, viol i a I.III 1_ . „,%,. ,-..._.., lj. 8 7 iiiic y Il1 fig 101 li-.. BB Ivs .n ow, es j me .r` .a e.• ma Y NOTES: 1. -9AI e21 ERCIC-10.IAE NMLLg 11'.1 Lf'F261 RCCi"Pt NT 2•1•f'!e( JN e.(YJN W.t1-i. W4 Mrct]fiCCN LAMS ARC !OB BQ R, w'.n1."i IffelJ IlD1R L N%G MA-'M Rp.R. NaARANLSO 051,0 LRRENLvi212-1.91E2 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Staff Report— BZA#0407-26 April 6, 2026 I i wn E mis n.„:„...t.. 4- . 7 ...,.. 7 r lit. Will 1' llfPi t: I h t ..' f i 4 • .++ a3r'' , r`. Y sue` SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 Staff Report— BZA#0407-26 April 6, 2026 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; Approval of this Special Exception should not be injurious to the public health, safety, morals, and general welfare of the community. The new two unit dwelling would replace an existing one unit dwelling, providing more housing units in the neighborhood and helping to increase the general welfare of the community. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Building this two unit dwelling should not injure or adversely affect the uses or values of adjacent properties and the area around the building. As proposed, it is consistent with the scale, character, and land use of the surrounding neighborhood. 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 two unit dwelling would complement the existing housing stock in the neighborhood, which is made up of predominantly one and two unit dwellings, while matching the scale and character of surrounding structures. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with Objective H1.1 from the city's comprehensive plan, which is to encourage residential developments that contain a mix of housing types, densities, price ranges, and amenities. It also aligns with the 2022 Northeast Neighborhood Plan, which suggested lower density residential uses in the section of the neighborhood where this property is located. Analysis & Recommendation Analysis: The construction of a new duplex will provide additional housing units for the neighborhood while matching the existing scale and character. 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 City of South Bend BOARD OF ZONING APPEALS March 10, 2026 Honorable Dr. Oliver Davis 3rd Floor, City Hall South Bend, IN 46601 RE: Special Exception at 1010 Fuerbringer Street Dear Committee Chair Dr. Davis: Filed in Clerk's Office Mar 11, 2026 Bianca I irndo ity l.:rk oulh 13end, fN Enclosed is an Ordinance for the proposed Special Exception at the above-mentioned location. Please include the attached Ordinance on the Council agenda for first reading at your March 23, 2026, Council meeting and set it for public hearing at your April 13, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the April 6, 2026, 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 the use of a duplex. 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, �� Brian Killen Zoning Administrator CC: Bob Palmer City Hall I 215 5. Dr. Martin Luther King, Jr. Blvd I South Bend, IN 46601 I 574-235-7627 16-26 Filed in Clerk's Office Mar 11, 2026 BILL NO. 16-26 Bianca Tiraau 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 1010 FUERBRINGER STREET COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow a two-unit dwelling 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: 1010 Fuerbringer Street In order to permit a two-unit dwelling. 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 2026, at o'clock .m. Bianca L. Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2026, 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: 018-1030-1330 Address: V/L Adj 1010 Fuerbringer, South Bend, IN 46616 Owner: Jose Guevara Zoning: U1 Urban Neighborhood 1 Project Summary: Construction of a residential duplex in the City of South Bend, with the purpose of providing new housing solutions that benefit the local community, in alignment with the development objectives established by the city. Requested Action 11 Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested:Duplex construction Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office Mar 11, 2026 Bianca !multi City Clerk South Bend. IN Required Documents 0 Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale Q 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 construction of the duplex will facilitate the achievement of the social objectives of Sustainable Housing Development, to guarantee the community a healthy life and promote the well-being of all age groups. The construction o the duplex has an efficient living space, adequate ventilation. We will adhere to the laws, and we will ensure that our main mission prevails, building new houses to promote the best quality of life, in modern homes, with spaces designed for excellent coexistence. Housing is the space where the educational and cultural values of the entire community are recreated. 2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed housing is designed at a scale and with materials that are consistent with the surrounding structures, respecting required setbacks and the established character of the neighborhood; ensuring the preservation of the area's residential nature and the overall tranquility of the 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 current zoning of this parcel requires a special exception for the proposed housing; however, the design complies with the intent of the district by promoting residential use and adhering to the permitted density. The proposed typology respects the surrounding context and aligns with the existing urban pattern. 4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The Plan emphasizes the need to expand the supply of affordable housing and to increase density in underutilized areas in a controlled manner. This proposal aligns with those objectives by offering a housing solution that is compatible with the existing infrastructure. 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: [Jose Guevara Address: 418 Rosewood Dr, Apt3, Mishawaka, IN 46544 Name: Address: L Name: -- Address:, Contact Person: Name: Jose Guevara Address: 418 Rosewood Dr, Apt3, MishawakaJJN 46544 Phone N imher 574 327-0044 E-mail:gromsolutionsllc@gmail.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) Si atures: i SITE PLAN PROPOSAL FOR STACKED DUPLEX PROJECT 1010 FUERBRINGER STREET STREET SIDEWALKNN 0 Len PORCH W DUPLEX 0 Q N N4 0 ALLEY 9'-0/ 22'-0" /9'-0"/ Lot Area 40'-o" 4,800 sqft 1 Lq z v o g- O gr d. V C'1 2lOU ODD lV Q A.al NJ CV C' alco co co coI-, i L oo d/,'',... 7 .•• I• ‘ I- I.trii i rE5 CD Z . O 111 ! 11Hh41VE £os t- ga oa; 3 3. JJ -Jo. 77 f L;°{ El 1 • r.r__ .-.—....,. T., \ fr--- 7 f _: / Ft -1 u I L....--d i_ 1.0i. -- ..-Atorry ...... i i., 1 g.„ 1----1-7 1 7....i 4 t ,,_,,1---7:7-- - 41 ,....=_. . 1. 1 j,....___ ._ _.H.:-_-1-- L.J o n J co C.1 C' Q 76 2 -.E.2 ° ir) ° " S...., a. arc m ,a ° o , 0 0a O 7,• '' D L Q O o a' 5 U U1.N O u fl - a 11 S a o s x a--, m m a ° ra E 5 a;r ' rn 1QE -D4 4.- d aco S. Z O. U Q N 7;j O II C f6 x 2° 1 .c my m a U a 7 O .jA C 'L 4. I. F- 7 a 0 7 N 7 7 U CC LI- CI 7 c t O dim 3= " 8 h g'''. 1111 u inm "° va C°tEc zII La O s y 7 k' A 2 H City Hall City of South Bend 215 S. Martin Luther King, Jr. Blvd. Suite 500 BOARD OF ZONING APPEALS South Bend, IN 46601 574) 235-7627 Filed in Clerk's Office April 8,2026 Apr 8, 2026 Common Council of South Bend 3rd Floor Council Chambers Bianca Tirado South Bend, IN 46601 City Clerk, South Bend, IN Re: 16-26: The petition of GUEVARA JOSE seeking a Special Exception for a Dwelling, 2 Units in Ul Urban Neighborhood 1 [21-03.03(c)] in the Ul Urban Neighborhood 1 for property located at 1010 FUERBRINGER ST Dear Council Members: I hereby Certify that the above referenced petition of GUEVARA JOSE was legally advertised on March 27, 2026 and that the South Bend Board of Zoning Appeals at its public hearing on April 6, 2026 took the following action: Upon a motion by Kaine Kanczuzewski, being seconded by Mark Burrell and unanimously carried,a petition by GUEVARA JOSE seeking a Special Exception for a Dwelling, 2 Units in Ul Urban Neighborhood 1 [21-03.03(c)] for property located at 1010 FUERBRINGER 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, Brian Killen Zoning Administrator Attachment CC: Bob Palmer Staff Report — BZA#0405-26 April 6, 2026 Property Information Location:1010 FUERBRINGER ST Owner: GUEVARA JOSE Project Summary The petitioner seeks to build a new two unit dwelling using the stacked duplex pre-approved plan. Requested Action Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] Site Location iiii'4!'"cl'. .1 1 e 1 gay. j a k. 8,.. rs t t It i, 7 Al 1 jiliji 1;. 1., _.._,., ,„:4 ' 3c./ Al ) Iti' ' it, 44111" 1 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 p_c 1 i Staff Report— BZA#0405-26 April 6, 2026 Proposed Site Plan STREET 1-•f SIDEWALK NN i o RE in 7 rr - rirrtr.17--117 r :-- 4 , E,_.,, , 1 .„...1-_____ 11 1 .. 1 1 PORCH ti I.I. i I [L- Option A L1J DUPLEX i Io i J recl.E.LA o I.r:- Irlq v NN. r15 ALLEY t'',, 'a. M- L a J 9'-0:f 22'-0" / 9'-0"/ t is a r 40'-0" Ground Floor SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0405-26 April 6, 2026 Criteria for Decision Making: Special Exception 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; Approval of this Special Exception should not be injurious to the public health, safety, morals, and general welfare of the community. The building shall be a newly constructed duplex on a vacant lot, which will provide more housing units in the neighborhood and help to increase safety and the general welfare of the community. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Building this two unit dwelling should not injure or adversely affect the uses or values of adjacent properties and the area around the building. As proposed, the building is consistent with the scale, character, and land use of the surrounding neighborhood, and will provide housing on a lot that is currently vacant, potentially raising property values. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; A two unit dwelling will complement the existing housing stock, match the scale and character of the neighborhood, and provide infill housing on a vacant lot. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with Objective H1.1 from the city's comprehensive plan, which is to encourage residential developments that contain a mix of housing types, densities, price ranges, and amenities. Analysis & Recommendation Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will bring new residents to the area and provide additional housing on a lot that is currently vacant. 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 3 of City of South Bend BOARD OF ZONING APPEALS March 10, 2026 Honorable Dr. Oliver Davis 3rd Floor, City Hall South Bend, IN 46601 RE: Special Exception 812 Oak Street Dear Committee Chair Dr. Davis: Filed in Clerk's Office Mar 11, 2026 Binnca rirado City Clerk South Bend. 11 Enclosed is an Ordinance for the proposed Special Exception at the above-mentioned location. Please include the attached Ordinance on the Council agenda for first reading at your March 23, 2026, Council meeting and set it for public hearing at your April 13, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the April 6, 2026, 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 the use of a duplex. 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, �� Brian Killen Zoning Administrator CC: Bob Palmer City Hall / 215 S. Dr. Martin Luther King, Jr. Blvd / South Bend, IN 46601 / 574-235-7627 17-26 Filed in Clerk's Office Mar 11, 2026 BILL NO. 17-26 Bianca"Firado 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 812 OAK STREET COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow a two-unit dwelling 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: 812 Oak Street In order to permit a two-unit dwelling. 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 2026, at o'clock .m. Bianca L. Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2026,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: 018-1028-1238 Address:[812 Oak St, South Bend, IN 46616 Owner ;Jose Guevara / Buildnovation LLC Zoning: U1 Urban Neighborhood 1 Project Summary: Construction of a residential duplex in the City of South Bend, with the purpose of providing new housing solutions that benefit the local community, in alignment with the development objectives established by the city. Requested Action Special Exception/ Use Variance— complete and attach Criteria for Decision Making Use requested:Duplex construction Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office Mar 11, 2026 Bianca Tirado City Clerk. South Bend, IN Required Documents l Completed Application (including Criteria for Decision Making and Contact Information) n Site Plan drawn to scale n 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 construction of the duplex will facilitate the achievement of the social objectives of Sustainable Housing Development, to guarantee the community a healthy life and promote the well-being of all age groups. The construction o the duplex has an efficient living space, adequate ventilation. We will adhere to the laws, and we will ensure that our main mission prevails, building new houses to promote the best quality of life, in modern homes, with spaces designed for excellent coexistence. Housing is the space where the educational and cultural values of the entire community are recreated. 2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed housing is designed at a scale and with materials that are consistent with the surrounding structures, respecting required setbacks and the established character of the neighborhood; ensuring the preservation of the area's residential nature and the overall tranquility of the 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 current zoning of this parcel requires a special exception for the proposed housing; however, the design complies with the intent of the district by promoting residential use and adhering to the permitted density. The proposed typology respects the surrounding context and aligns with the existing urban pattern. 4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The Plan emphasizes the need to expand the supply of affordable housing and to increase density in underutilized areas in a controlled manner. This proposal aligns with those objectives by offering a housing solution that is compatible with the existing infrastructure. 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: Jose Guevara - Buildnovation LLC Address: 418 Rosewood Dr, Apt3, Mishawaka, IN 46544 Name: — Address: Name: Address: Contact Person: Name: 1Jose Guevara Address: 418 Rosewood Dr, Apt 3, Mishawaka, IN 46544 Phone N imhPr• 574 327-OIJ44 E-mail: gromsolutionsllc@gmail.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. Pr y Owner (s) Signatur s: SITE PLAN PROPOSAL FOR STACKED DUPLEX PROJECT 812 OAK STREET STREET SIDEWALK 0 in N r-1 PORCH m O O DUPLEX W o J 0 a J e-I N N 22'-0° / 8 -0" / 37'-a" Lot Area 3,737 sqft South Bend Neighborhood Infill I Stacked Duplex Facade for the property -- IPPY Option A I-- I" i 1]i91[ ' 11- The Stacked Duplex I' Ii The Stacked Duplex provides two identical 2-bedroom units that support a slight increase of density and the development on the city'a most narrow infill lots with i t 1 - ``',I._ • ' • . •1' • - _411i14-.• affordable housing options.The massing and elevation L1 •'I r j' 1 I f T Ili options fit within the scale and vernacular character of J I`-i,IIt i` j I South Bend's oldest urban neighborhoods.An optional i I 1 l 'r I I- I I II i I JI j basement could provide storage or expansion of the I 1T1 1 1 1 1 L _ f __ - 4 _%- ground floor unit. 1-- 11' t, t un;,,,,: i I x,r tp to n r•• 4 rr icy r v?r.tir Building Typee Overview Building Dimensions r' T h Building Height 2 story i Building Width 22 Bam anm f rhATCH T, BuildingOepth lint)porch) 48' Il MEGn. Program ki u Unit Configuration 2 bed/1 bath i Unit Size(finished gross) 1,760 sq.fl I IV 01 t u NtpiEN Basement(unfinished) BBO sq.fL. 12%2.X T-6- Porch(unconditioned) 176 sq ft 1st Floor 880 sq.ft. 2nd Floor 880 sq fL LMN/'s uvING I C'-9'%I O'-6' 16'-9'x I O'-6' Lot Standards ZONING DISTRICTS ALLOWEDL Lot Width(min.) 32' Imo smos J LL.,...... . ...J Lot Width(maxi 70' 41 Ground Floor Second Floor 19- City Hall City of South Bend 215 S. Martin Luther King, Jr. Blvd. Suite S00 BOARD OF ZONING APPEALS South Bend, IN 46601 574) 235-7627 Filed in Clerk's Office April 8,2026 Apr 8, 2026 Common Council of South Bend Tdo 3rd Floor Council Chambers Bianca South Bend,Clerk, South Bend, IN South Bend, IN 46601 Re: 17-26: The petition of BUILDNOVATION LLC seeking a Special Exception for a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] in the Ul Urban Neighborhood 1 for property located at 812 OAK ST Dear Council Members: I hereby Certify that the above referenced petition of BUILDNOVATION LLC was legally advertised on March 27, 2026 and that the South Bend Board of Zoning Appeals at its public hearing on April 6, 2026 took the following action: Upon a motion by Kaine Kanczuzewski,being seconded by Mark Burrell and unanimously carried,a petition by BUILDNOVATION LLC seeking a Special Exception for a Dwelling,2 Units in U 1 Urban Neighborhood 1 [21-03.03(c)] for property located at 812 OAK ST,City of South Bend is tabled. 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, K16,_ Brian Killen Zoning Administrator Attachment CC: Bob Palmer Staff Report — BZA#0406-26 April 6, 2026 Property Information Location:812 OAK ST Owner: BUILDNOVATION LLC and Jose Guevara Project Summary The petitioner seeks to build a new two unit dwelling using the stacked duplex pre-approved plan. Requested Action Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] Site Location 11.11411k t. Al 1 ;', , e,'-' '4 r-: 4,,i7,,,, , .: 17110117,,, all fir'iP' N:Onh ST ou , 7 1 1 : 7.7.,: , . - ',. ..,4,,, 1r 1----1 I „.._ . 4 4`Ili y F 147: 1• 1 it to _. ink:',.. ' 4...: -,,,,' . Illik+,1 , 1 a i ,. 4,* 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 I of 3 Staff Report— BZA#0406-26 April 6, 2026 Proposed Site Plan STREET SIDEWALK N N n n , in 1 Sr==Y I, 1 E 0 [ Ix li s; KITCI1rN t 12'2X7-6 :. N N. N. 11V1NCi ; 16'-9.. 10,6. 1 7'-0j 22'-O' /8'-0'70r mai A--- 1 37'-deg s s a a Ground Floor SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0406-26 April 6, 2026 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; Approval of this Special Exception should not be injurious to the public health, safety, morals, and general welfare of the community. The building shall be a newly constructed duplex on a vacant lot, which will provide more housing units in the neighborhood and help to increase safety and the general welfare of the community. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Building this two unit dwelling should not injure or adversely affect the uses or values of adjacent properties and the area around the building. As proposed, the building is consistent with the scale, character, and land use of the surrounding neighborhood, and will provide housing on a lot that is currently vacant, potentially raising property values. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; A two unit dwelling will complement the existing housing stock, match the scale and character of the neighborhood, and provide infill housing on a vacant lot. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with Objective H1.1 from the city's comprehensive plan, which is to encourage residential developments that contain a mix of housing types, densities, price ranges, and amenities. Analysis & Recommendation Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will bring new residents to the area and provide additional housing on a lot that is currently vacant. 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 I'.i City of South Bend BOARD OF ZONING APPEALS March 18, 2026 Honorable Dr. Oliver Davis 3rd Floor, City Hall South Bend, IN 46601 RE: Special Exception at 1249 Corby Boulevard Dear Committee Chair Dr. Davis: Filed in Clerk's Office Mar 18, 2026 Bianca r irndo Cit Clerk. South Bend, LN Enclosed is an Ordinance for the proposed Special Exception at the above-mentioned location. Please include the attached Ordinance on the Council agenda for first reading at your March 23, 2026, Council meeting and set it for public hearing at your April 13, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the April 6, 2026, 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 the use of a duplex. 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, �� Brian Killen Zoning Administrator CC: Bob Palmer City Hall I 215 S. Dr. Martin Luther King, Jr. Blvd I South Bend, IN 46601 I 574-235-7627 18-26 Filed in Clerk's Office Mar 18, 2026 BILL NO. 18-26 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 1249 CORBY BOULEVARD COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow a two-unit dwelling 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: 1249 Corby Boulevard In order to permit a two-unit dwelling. 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 2026, at o'clock .m. Bianca L. Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2026,at o'clock m. James Mueller,Mayor City of South Bend, Indiana 2 - naturedot' ooCity eof'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: 018-5092-3282 Address: 1249 Corby Blvd, South Bend, IN 46617 Owner: Atwell IRA Investment LLC Zoning: U1 Urban Neighborhood 1 Project Summary: Owner is seeking approval to build a two family dwelling. The style will be consistent with the scale and character of the surrounding neighborhood. Requested Action Q Special Exception/ Use Variance—complete and attach Criteria for Decision Making Use requested:Two family dwelling Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office Mar 18, 2026 Bianca Iirado City Clerk South Bend. IN Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale 2 Filing Fee dotloop signature verification: 7 i; r. • 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 two unit dwelling will be constructed in a manner that is consistent with the surrounding area. The new two unit dwelling will eliminate a vacant lot that is in disrepair and unused, thus increasing safety and improving the overall general welfare. 2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed two unit dwelling will not injure or adversely affect the use of the adjacent area or property values because it is in keeping with the residential feel of the surrounding neighborhood, while offering gentle density on a currently underutilized parcel. Additionally, this is a now vacant lot which will be converted to gentle density. 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 two unit dwelling will match the scale and character of the surrounding residential neighborhood. The architectural style of the two unit dwelling will be consistent with the neighborood and will complement the existing housing stock. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed use is consistent with the Comprehensive Plan because it follows objective H1.1: encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. dotloop signature verification:dtlp.us/d3xU-su:W-fgK1 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: dotloop signature verification:d•!p,;c :3• f7f Contact Information Property owner(s) of the petition site: Name: Atwell IRA Investments, LLC Address: 6565 Heritage Park PL Lakeland FL 33813 Name: Address: Name: Address: Contact Person: Name: Elissa Gunsorek Address: 7821 Morse Rd New Albany, OH 43054 Phone Number: 513 225 3421 egunsorek@eco-gv.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: dotloop verthed9756AM EDT I tISP-QZIffiARYU-AKA7 LOCATION MAP T BUILDING INN FORMATION PROJECT INFORMATION Vs f E N.New Two-Family Dwelling z_ o°' 1249 Corby Blvd. 1 u —•- — o23SouthBend, Indiana 46617 J I g.- acA SI DI r. .. o' E.': 0) C a) v a v m 0...0 T a)Z Mr X4 ,1N 5,: Id • 5 CO 4___ — -- -- -- ----- cQ -p, 5'BETBACK O II!!I1UJIflit1h1!hu1 IIII® DRIVEWAY L YARD I nn00 - I . mn 7man r i li; 1 L I z m Zm 1 I .CC II m V a 1:: IdEE cp DRIVEWAY IIII1LIIIIIS =_:U ..w..Ii Illltlllllll I —1 a``5'SETBACK J ft REVISIOKRECORD NO: DATE ZONING maioan 26_S803 SHEET TIRE' TIRE SHEET SHEET HUSEA: A0.0 P I IN- f a 1, I I r 11111 1 li i ail. i 4. 1 till r 177. 111[I 1 hi 1 Nill 1 " I Jill. IBISM. 4 Y riii,.dilin avisiolidi i I I o wt le ISOM m ; Lc ' ..7 a iii y p isi, Z '?S1`III• :.. _ r'.1 I dolor il S. it I i F0 " 1 [ _ I IIIIIII alp Il tiat too 1 &.41 11'' b f1 r, `4 h 55 1$a F. HI 11y M 11 New Two-Family Dwelling N T IN REAL ESTATE DEVH.O ENr CONSULTING CI IIIfflllRf•ENVWONMF.NI I.CMl ENGINEERING 1249 Corby Boulevard UF,,o,FENISERv „ South Bend,IN 81 ,,,E _ ,,,,m a 6 u.,kaaVOI ww aYl09•11Y a NI PUa9 Bfl°S pJenaInog 41o0 6bZ I. 1 g CV 9NI110SN071N3Wd013A3O 31d1S3lV3M1 8 p Qvbui}}ama Aliwet-omi nnaN is 411' I.11,, impr ;:A. f 0 1010 1iPI 410.4 i 4I jiii i ii I 1,,,1 ,,, LI 1 r['r' 1, 111;1: 111; . I•':/ 11 ' sl 1 1 likillt 7 _ c± 6 I.r- IV . Iuipitj o slill I'1 ,___Lij lus 11 Ill tip us ii+j W All. i!j1 I i C v Il:/ LI cc 1 I'+ri I r Ir• v 1 I lll ,l i i 9 1 1 1 City Hall City of South Bend 215 S. Martin Luther King, Jr. Blvd. Suite 500 BOARD OF ZONING APPEALS South Bend, IN 46601 574) 235-7627 Filed in Clerk's Office April 8, 2026 Apr 8, 2026 Common Council of South Bend Bianca Tirado 3rd Floor Council Chambers City Clerk, South Bend, IN South Bend, IN 46601 Re: 18-26: The petition of D3RE LLC seeking a Special Exception for a Dwelling,2 Units in Ul Urban Neighborhood 1 [21-03.03(c)] in the U1 Urban Neighborhood 1 for property located at 1249 CORBY BLVD Dear Council Members: I hereby Certify that the above referenced petition of D3RE LLC was legally advertised on March 27, 2026 and that the South Bend Board of Zoning Appeals at its public hearing on April 6, 2026 took the following action: Upon a motion by Mark Burrell,being seconded by Kaine Kanczuzewski and unanimously carried,a petition by D3RE LLC seeking a Special Exception for a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] for property located at 1249 CORBY BLVD, 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_ Brian Killen Zoning Administrator Attachment CC: Bob Palmer Staff Report - BZA#0412-26 April 6, 2026 Property Information Location:1249 CORBY BLVD Owner: D3RE LLC Project Summary The petitioner seeks to build a new two unit dwelling. Requested Action Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] Site Location i:, . ,:,,,,,..,. ti:',, <.,,,,,::,•,, iiv.,' ...- .:: ' 4' liti .7:14:.:. . ''''''''..'14 ffili ' ' t. 41.,,,, .=, I Ai QQ Jt±T CP k T!. ill . 1,.... i Ask.e... i c Oliolink741, .:4 5' 1 1 4,40_, Af*.::,. 4 ri! i.....It91, 1,1 MIMI 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 icy 1 ,,i Staff Report— BZA#0412-26 April 6, 2026 Proposed Site Plan 1 MM. L il ;..ite6a=i1.0 i n 22 Ltn,::fi I I 44 rrr or.==n.1.. -- 3 REAR i NORTHI ELEVATION — -_- Ir IiIl101tlal®I®IAIi1YIlI11IgIiliara IIrY11111111111111 IN1111IIIIrll II.INI1111111IW1111 N1 1/111WIBI rimm Wllljlu n11O1'111011a'%' llrlUIIlIISiIIIIIUIIuIl NiuUiIIiiiiIIuIIIIum nnirmnrllln 4uuin• ... Inr011I1111 11I111I1I11rrr11I1111n1111n1111n1I1 1m11U1111 N1I1111, 4111iraa1nr111111111IraNrr111lIum11 1111u111110 11r1n111011 1p'' 1111111r11111II1111r111rIr011111111Irmar11111 Ig1O111u111.' r nrml11111 0141 IaIaIu,1111111111Illntllle" a1 11111r0 nr11111rI11rIY1n1111Y1r1111 2tv ems__ rmr- 0 IIMBOMelrm11rm1 NMI 1111E11. IN1 1 - I 24.1,0 — III IIIII 1 1 4 RIGHT SIDE(EAST)ELEVATION 6 l: i SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0412-26 April 6, 2026 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; Approval of this Special Exception should not be injurious to the public health, safety, morals, and general welfare of the community. The building shall be a newly constructed duplex on a vacant lot, which will provide more housing units in the neighborhood and help to increase safety and the general welfare of the community. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Building this two unit dwelling should not injure or adversely affect the uses or values of adjacent properties and the area around the building. As proposed, the building is consistent with the scale, character, and land use of the surrounding neighborhood, and will provide housing on a lot that is currently vacant. potentially raising property values. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; A two unit dwelling will complement the existing housing stock, match the scale and character of the neighborhood, and provide infill housing on a vacant tot. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with Objective H1.1 from the city's comprehensive plan, which is to encourage residential developments that contain a mix of housing types, densities, price ranges, and amenities. It also aligns with the 2022 Northeast Neighborhood Plan, which suggested lower density residential uses in the section of the neighborhood where this property is located. Analysis & Recommendation Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will provide additional housing units and provide further neighborhood infill on a vacant lot. 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 3 of 3 CITY OF SOUTH BEND COMMUNITY INVESTMENT April 8, 2026 Council Member Troy Warner Chairperson, Community Investment Committee South Bend Common Council South Bend City Hall, 3rd Floor South Bend, Indiana 46601 Filed in Clerk's Office Apr8,2026 Bianca Tirado City Clerk. outh Bend, r RE: Declaratory Resolution: Mixed-Use Development Real Property Tax Abatement for Wharf Partners LLC Dear Council Member Warner, Please find the enclosed Declaratory Resolution and supporting information pertaining to a tax abatement petition submitted by Wharf Partners LLC, an Indiana Limited Liability Company. This petition package includes: •Department of Community Investment's summary report •Petition for abatement •Statement of Benefits form (SB-1 / Real Property) •Supporting information The report outlines the Department's findings relative to the referenced petition. The petitioner proposes to construct a new mixed-use building at 312-318 E. Colfax Avenue. The building will total approximately 112,000 square feet and include 30,200 square feet of commercial space along with 22 to 32 condominiums. The project will complement the Phase 1 building, Three Twenty at The Cascade, which was completed in 2019. The total investment for this phase of the Cascade project is approximately $50,000,000. The project meets the qualifications for a six-year (6) mixed-use development real property tax abatement. A representative from Wharf Partners LLC will be available to meet with the Committee on Monday, April 13, 2026. If you or other Council members have questions about the report or need additional information, please feel free to call me at (574) 235-5838. Sincerely, a Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT South Bend City Hall, Suite 500 215 S. Martin Luther King Jr. Blvd. South Bend, IN 46601 p 574.235.9371 www.southbendin.gov 26-11 Filed in Clerk's Office Apr 8, 2026 BILL NO. 26-11 Bianca Tirado RESOLUTION NO. City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 312-318 E. Colfax Avenue, South Bend, Indiana 46617 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX-YEAR (6) REAL PROPERTY TAX ABATEMENT FOR Wharf Partners LLC WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area described as: Key Number: 71-08-12-130-011.000-026 Local Parcel Number: 018-5001-000202 Commonly Known As: 312 E. Colfax Avenue Legal Description: Lot 1 Cascade Minor Sub 19/20 NP #546 4/12/2018 Key Number: 71-08-12-130-002.000-026 Local Parcel Number: 018-5001-000201 Commonly Known As: 318 E. Colfax Avenue Legal Description: Lot 3 Cascade Minor Sub 19/20 NP #546 4/12/2018 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1- 12.1 et seq. and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, the petitioner has agreed to and has accepted responsibility to report any changes in the Key Numbers and legal descriptions to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1 et seq. and South Bend Municipal Code Sections 2-76 et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6-1.1-12.1 et seq. for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, is sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating the area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall expire on December 31, 2029. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six(6)years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17. Year 1 - 100% Year 2 - 100% Year 3 - 100% Year 4 - 100% Year 5 - 100% Year 6 - 100% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 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 2026, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2026, at o'clock m. James Mueller, Mayor City of South Bend, Indiana TAX ABATEMENT REPORT TO: South Bend Common Council FROM: Erik Glavich, Director, Growth and Opportunity SUBJECT: Mixed-Use Development Real Property Tax Abatement Petition for Wharf Partners LLC DATE: April 8, 2026 On April 8, 2026, a petition for tax abatement from Wharf Partners LLC was filed with the Office of the City Clerk. The petition seeks consideration for a mixed-use development real property tax abatement for property at 312-318 E. Colfax Avenue in South Bend. Pursuant to Chapter 2, Article 6, Section 2-84.9 of the Municipal Code of the City of South Bend, the petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to Indiana Code 6 1.1-12.1 and all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area, and makes the following report. Project Summary Wharf Partners LLC, the petitioner, proposes to develop a mixed-use building comprising commercial space and for-sale residential condominiums. The approximately 112,000-square-foot building will include 30,200 square feet of commercial space. The proposed development is part of the larger Cascade project and is designed to complement the existing building located at 320 E. Colfax Avenue. That building, completed by the petitioner in 2019, similarly integrates commercial and residential uses. The new building will include between 22 and 32 for-sale condominium units. Units will consist of two-, three-, and four-bedroom layouts, ranging in size from approximately 1,550 to 3,429 square feet. The costs for this new phase of the Cascade project are estimated to be $50,000,000. The development will significantly enhance the walkability and vitality of the urban waterfront environment along the east bank. Employment Impact Per this petition and supporting material, it is estimated: Upon completion of the building's commercial spaces, the petitioner estimates that fifteen (15) new full-time jobs with an estimated total annual payroll of$750,000 will be created. Tax Estimates The petitioner qualifies for six-year (6) mixed-use development real property tax abatement. Current estimated combined annual real property taxes: $4,487 Tax Year 2025 tax liability for the parcels. Commercial Spaces Estimated annual taxes after the project's completion: $312,046 Estimate for commercial spaces only. O Assumptions: Land assessed value is $294,000; Real property Improvements assessed value is $9,000,000. Total estimated taxes during the six-year (6) abatement period: $1,872,276 Estimated taxes being abated during the abatement period: $1,775,398 Estimated total taxes to be paid during the abatement period: $96,878 Residential Units As set forth in the Statement of Benefits Form (Form SB-1) and to be memorialized in the Memorandum of Agreement, the residential tax abatement will apply only to units owned by the petitioner, Wharf Partners LLC. Upon the sale of any residential unit to a third party, the tax abatement for that unit will terminate. For units retained by the petitioner, the abatement period shall not exceed six years. The estimates provided below are based on the assumption that ten residential units will receive the abatement and that the average abatement period for each of those units will be three years. This scenario assumes that all units except those ten will be sold before the petitioner begins to realize the benefits of the abatement. These estimates are intended to provide context regarding the scale and magnitude of potential tax savings associated with the residential components of the building covered by this abatement. Estimated annual taxes after the project's completion: $335,300 The estimated tax liability for each residential unit is $33,530. Assumptions PER UNIT: Land assessed value is $35,000; Real property Improvements assessed value is $1,455,000. Total estimated taxes during the abatement period: $1,006,700 O Estimated taxes being abated during the abatement period: $953,800 Estimated total taxes to be paid during the abatement period: $52,900 The tax estimates for the residential units assume that the tax abatement will apply to each unit for a period of three years. These estimates do not include any tax liability incurred or taxes that would be paid by an owner after Wharf Partners LLC sells a unit. 2 Abatement Qualification 1. A review of the tax abatements previously granted finds that the petitioner has been granted the following prior abatement. Resolution No. 4714-18 (5/14/18): Six-year (6) real property tax abatement 2. The property is properly zoned for the proposed project. 3. Taxes on the property have been paid in full. 4. A review of the South Bend Redevelopment designation areas finds that the property is in the River East Development Area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a six-year (6) mixed-use development real property tax abatement under Division 5 (Mixed Use Development Real Property Tax Abatement), Section 2-80 Mixed Use Developments in Central Business District) and Division 9 (Miscellaneous Real Property Tax Abatement Guidelines), Section 2-84 (Council's authority to enlarge real property tax abatement general standards). 3 6-Year Abatement April 7,2026 Wharf Partners LLC South Bend Portage Township-Real Property Tax Abatement Schedule(Retail Establishment) Type of Property: Retail Establishment Estimated Project Cost: $ 15,000,000 New Construction Property Address: 312-318 E.Colfax Avenue Tax Key Number: 71-08-12-130-002.000-026;71-08-12-130-011.000-026 Project Compte Before Project No Abatement With Abatement Tax Year/Pay Year: 2027/Pay 2028 2028/Pay 2029 2028/Pay 2029 2029/Pay 2030 2030/Pay 2031 2031/Pay 2032 2032/Pay 2033 2033/Pay 2034 Assessed Value(AV) Land 294,000 $294,000 $ 294,000 $ 294,000 $ 294,000 $ 294,000 $ 294,000 $ 294,000 Structure(60%AV of Project Cost)26,200 9,000,000 9,000,000 9,000,000 9,000,000 9,000,000 9,000,000 9,000,000 Gross Assessed Value 320,200 9,294,000 9,294,000 9,294,000 9,294,000 9,294,000 9,294,000 9,294,000 Abatement 100% 100% 100% 100% 100% 100% Abatement Deduction 8,973,800) (8,973,800) (8,973,800) (8,973,800) (8,973,800) (8,973,800) Standard Homestead Deduction Supplemental Homestead Deduction Non-Homestead Standard Deduction Net Assessed Value 320,200 9,294,000 320,200 320,200 320,200 320,200 320,200 320,200 Property Taxes Assume constant tax rate of 5.0426% Gross Tax(Tax Rate x Net AV) 16,146 468,659 16,146 16,146 16,146 16,146 16.146 16.146 Local Tax Credit 1,517) Circuit Breaker Credit 3,879) 156,613) Supplemental Homestead Credit Taxes Due 10,751 $312,046 $16,146 $16,146 $16,146 $16,146 $16,146 $16,146 3%3% 3% 3% 3% 3% 3% 3% Circuit Breaker Cap 9,606 278,820 278,820 278,820 278,820 278,820 278,820 278,820 Debt Service(0.3575%of Net AV)1,145 33,226 1,145 1,145 1,145 1,145 1,145 1,145 Max Tax Under the Cap 10,751 312,046 279,965 279.965 279.965 279.965 279,965 279,965 Estimated Pre- Projected Total Projected Pay Year Abatement Project Tax Liability Additional Tax Tax Liability Taxes Abated Net Taxes Paid Liability (Current+Add!) 2029 100% $ 10,751 $ 301,295 $ 312,046 $ (295,900) $16,146 2030 100% 10,751 301,295 312,046 295,900) 16,146 2031 100% 10,751 301,295 312,046 295,900) 16,146 2032 100% 10,751 301,295' 312,046 295,900) 16,146 2033 100% 10.751 _ 301.295 312.046 295,900) 16,146 2034 100% 10 751 s 301 295 312 046 295,900) 16,146 Total 64,504 1,807,772 1,872,276 (1,775,398) 96,878 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2024 Payable 2025. Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. City of South Bend 6-Year Abatement April 7,2026 Wharf Partners LLC South Bend Portage Township-Real Property Tax Abatement Schedule(Multi-Family Residence) Type of Property: Multi-Family Residence Estimated Project Cost: $ 24,250,000 New Construction Property Address: 312-318 E.Colfax Avenue Tax Key Number: 71-08-12-130-002.000-026;71-08-12-130-011.000-026 Project Compte Before Project No Abatement With Abatement Tax Year/Pay Year: 2027/Pay 2028 2028/Pay 2029 2028/Pay 2029 2029/Pay 2030 2030/Pay 2031 2031/Pay 2032 2032/Pay 2033 2033/Pay 2034 Assessed Value(AV) Land 350,000 $350,000 $ 350,000 $ 350,000 $ 350,000 $ 350,000 $ 350,000 $ 350,000 Structure(60%AV of Project Cost) 14,550,000 14,550,000 14,550,000 14,550,000 14,550,000 14,550,000 14,550,000 Gross Assessed Value 350,000 14,900,000 14,900,000 14,900,000 14,900,000 14,900,000 14,900,000 14,900,000 Abatement 100% 100% 100% 0% 0% 0% Abatement Deduction 10,825,000) (10,080,000) (9,573,400) Standard Homestead Deduction Supplemental Homestead Deduction Non-Homestead Standard Deduction 3,725,000) (3,725,000) (4,470,000) (4,976,600) (4,976,600) (4,976,600) (4,976,600) Net Assessed Value 350,000 11,175,000 350,000 350,000 350,000 9,923,400 9,923,400 9,923,400 Property Taxes Assume constant tax rate of 5.0426% Gross Tax(Tax Rate x Net AV) 17,649 563,511 17,649 17,649 17,649 500,397 500,397 500,397 Local Tax Credit 1,658) Circuit Breaker Credit 4,240) 225,560) 166,921)166,921)166,921) Supplemental Homestead Credit Taxes Due 11,751 $337,951 $17,649 $17,649 $ 17,649 $ 333,476 $ 333,476 $ 333,476 3%2% 2% 2% 2% 2% 2% 2% Circuit Breaker Cap 10,500 298,000 298,000 298,000 298,000 298,000 298,000 298,000 Debt Service(0.3575%of Net AV)1,251 39,951 1,251 1,251 1,251 35,476 35,476 35,476 Max Tax Under the Cap 11,751 337,951 299,251 299.251 299.251 333.476 333,476 333,476 Estimated Pre- Projected Total Projected Pay Year Abatement Project Tax Liability Additional Tax Tax Liability Taxes Abated Net Taxes Paid Liability (Current+Add'I) 2029 100% S 11,751 $ 326,199 $ 337,951 $ (320,302) $17 649 2030 100% 11,751 323,536 335,287 317,638) 17,649 2031 100% _ 11,751 321,725 333,476 315,827) 17,649 2032 0% 11,751 321,725 333,476__ _ 333,476 2033 0% 11.751 321.725 333.476 333,476 2034 0% I 1 751 321 725 333 476 333.476 Total, 70,508 I 1,936,635 2,007,143 953,767) 1,053,376 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2024 Payable 2025. bb, 1` Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. 0 City of South Bend City of South Bend Instructions:Complete pages 1-3 AND the proper Form SB-1 for Petition for Incentives the type ofabatement(real property or personal property) Petition must include a$250 filing fee payable to the for which you are applying. City of South Bend"before processing can be complete General Information Project Name Cascade Phase 2 Project Number Legal name as registered with Secretary of State Wharf Partners LLC Business structure LLC Company website www.atthecascade.com Proposed Project Information Proposed project address 1312 East Colfax Ave Parent company name City,State,Zip South Bend, IN 46617 Legal owner Wharf Partners LLC Site acreage or acreage required Approx. 0.56 acres Is the real estate owned Ownedorleased. Square feet of facility Approx. 112,000 If leased,by whom? Primary Contact Information Primary company contact name Frank Perri Title Managing Member Address of company contact PO Box 148 Phone 574-532-5646 City,State,Zip South Bend, IN 46624 Email fperri@earthdesignsred.com Senior Official Information Company senior official name Title Address of company contact Phone if different from above) City,State,Zip Email Consultant Information/Agent Hired business consultant/agent name Consultant release?(Y/N) Address Local economic development partners approval?(Y/N) City,State,Zip Email Project Overview Brief description of your company,project,and why the Three Twelve at The Cascade is an eight-story, concrete and glass mixed-use property is necessary for development totaling approximately 112,000 square feet, including commercial space. economic growth Upon completion, the project will represent an investment of approximately$50 million. The subject property is currently vacant and underutilized. Its development is essential to advancing economic growth in the downtown district. The project will significantly increase the property's assessed value, expand the local tax base, and generate both construction and permanent jobs. The inclusion of commercial space will support new business activity and drive sustained foot traffic, benefiting surrounding businesses. As a high-quality, large-scale investment in a prominent downtown location, this project will serve as a catalyst for additional private investment, helping to accelerate redevelopment momentum and strengthen the overall economic vitality of the area. Certified Technology Park appropriate Is the project in a Tax Incremental Financing TIF)area? If so,which? River East Have Building Permits been issued?(Y/N) Number of residential units created by Note-Not eligible for abatement if Yes] N project 22-32 If this is a petition for personal property tax abatement,has the equipment been installed? N/A Investment Details Public Infrastructure needs Has any 504 funding been What is the value of any equipment being purchased in What is the value of any equipment being Off-site of project in dollars) received? Indiana for the project?purchased from out of state for the project? N/A No N/A N/A New Project Investments Calendar Year 2024 2025 2026 2027 2028 2029 2030 2031 Land Acquisition Building Lease Payments Building Purchase Costs New Building Construction S 15.000.000.00 S 25 000.000.00 $10.000.000 00 Existing Building Improvements New Machinery&Equipment Special Tooling/Retooling New Furniture/Fixtures New Computer/IT Hardware New Software i N On-site Rail Infrastructure On-site Fiber Infrastructure TOTAL 0.00 $0.00 $15,000,000.00 $25.000.000.00 $10,000,000 00 $0.00 $0.00 $0.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Hourly CUMULATIVE B of net NEW full Hourly average wage,w/o Total training Total B to be average w i time permanent jobs created at benefits or bonuses,of it expenditure- trained-not wage, /o project cumulative net new jobs not cumulative benefits or P 1 bonuses cumulative 2026 2027 2028 15 25.00 2029 15 25.00 2030 2031 2032 2033 2034 2035 2036 2037 Provide hourly wage information for new employees in the following positions. Full time Part time Laborers Technical Managerial Administrative Who will be the individual responsible for coordinating with WorkOne on recruiting? Does your company have an EEO hiring policy? Are you an EEO employer? Please list the number of full time and part time minority and/or female Please describe your commitment to employees for the following years: diversity and inclusion by detailing your outreach and recruitment efforts for the last Year 2026 2025 2024 three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Part Time i Black Three Twelve at The Cascade is committed to Hispanic fostering a diverse and inclusive environment that reflects the broader South Bend Asian community.Through equitable hiring practices. inclusive workplace policies.and engagement with a diverse range of contractors and Indian vendors,we aim to ensure that the economic benefits of this project are broadly shared.We Female believe that creating opportunities for individuals of all backgrounds strengthens both Other the project and the surrounding district. Complete the table below for Real Property Tax Abatement only. Sign at the bottom for all requested incentives(real AND personal property). *** Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. ualfy Please complete the table below with the appropriate information. If ( Yes orI No) Earned Points Available Points you qualify for the points,please enter the full amount of available points. 1 Construction Related(Contractors): A. Employ Local Companies(75%)Y 20 20 B. Purchase Materials from Local Companies(75%)Y 20 20 C. Require Employees vs.Independent Contractors Y 19 19 D. Require Prevailing Wage Y 22 22 E. Require Health Benefits I Y 22 22 F. Require Retirement Benefits N 0 18 G. Maintain Affirmative Action Plan Y 20 20 III Sub-total Construction Related: 123 141 2 Wage&Benefit Related(Owner): n A. Pay Target Wage Levels I Y 33 33 B. Provide Health Benefits N 0 34 C. Provide Retirement Benefits N 0 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance N 0 14 G. Provide Employer Assisted Housing program N 0 9 Sub-total Wage&Benefit Related: 61 162 3 Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs N 0 41 C. Maintain Affirmative Action Plan N 0 35 D. Provide Targeted Hiring Preference Y 34 34 Sub-total Workforce Related: 76 152 4 Support a Municipal Facility: Support a SB Municipal Facility(donations to the A.Y 84 zoo,conservatory,museum,etc.) 84 If 4A is"Y,"then type Name of Facility(required if"Y"): VPA I Sub-total Municipal Facility: 84 84 Sub-total from Above: 344 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and South Bend Municipal Code Sec.2-76 et seq.,for this petition state the above. Submitted By: p.%4,--- ' Date:April 7, 2026 For Staff Use Only Below This Line What is the CURRENT assessed value? Land: 5 107.900 Real Property Improvements:I $26,200 Personal Property: 0 What is the projected assessed value? Real Property Improvements: 23,550,000 Personal Property: 0 What is the six digit NAICS code? N/A Whatisthetaxkeynumber(s)forthisproject? 71-08-12-130-002.000-026; 71-08-12-130-011 .000-026 Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Tax Year 2025/Pay 2026 4,486.98 Tax Year 2024/Pay 2025 4,519.22 i Tax Year 2023/Pay 2024 4,730.84 Tax Year 2022/Pay 2023 4,752.78 Tax Year 2021/Pay 2022 6,270.16 Please fill out the following Public Benefit Summary Information and add to total from above. Y or N) Points Points Public Benefit Item: Project Related: S A. Redevelop a Site that has Special Needs Y 49 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan Y 36 36 Sub-total Project Related: 85 120 6 Super Size Projects(point values are cumulative): A. 100%to 199% Y 25 25 B. 200%to 299% Y 68 68 C. 300%to 399% Y 65 65 D. 400%and Over Y 52 52 Sub-total Super Size Projects:210 210 7 Pay for Municipal Infrastructure(point values are cumulative): A. Pay for Oversizing or Upgrading N 0 14 B. Pay for 26-50%of Extension Cost N 0 26 C. Pay for 51-75%of Extension Cost N 0 39 D. Pay for 76-100%of Extension Cost N 0 52 Sub-total Infrastructure Related: 0 131 Total from Applicant Section:344 539 Total from Staff Section: 295 461 Total Public Benefit Points: 639 1000 0*74r.f0. STATEMENT OF BENEFITS 20 26 PAY 20 27 7e' . , REAL ESTATE IMPROVEMENTS FORM SB 1 I Real Property 1g' 0. f State Form 51761(R8/5-25) e1e Prescnbed by the Department of Local Government Finance PRIVACY NOTICE Any information concerning the cost This statement is being completed for real property that qualifies under the following Indiana Code(check one box) of the property and specific salaries N Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12 1-4)paid to individual employees by the Residentially distressed area(IC 6-1 1 12 1 4 1) property owner is confidential per IC 6 1 1-12 1-1- New agncultural improvement(IC 6-1 1-12 1-4) iNSTRUCTIONS 1 This statement must be submitted to the body designating the Economic Revitalization Area PRIOR to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area Otherwise. this statement must be submitted to the designating body BEFORE the initiation of the redevelopment or rehabilitation of real property or a new agricultural improvement for which the person wishes to claim a deduction 2 To obtain a deduction, a Form 322/RE must be filed with the county auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed to the property owner if it was mailed after April 10 A property owner who failed to file a deduction application within the prescribed deadline may file an application between January 1 and May 10 of a subsequent year 3 A property owner who files for the deduction must provide the county auditor and designating body with a Form CF-1/Real Property The Form CF- 1/Real Property should be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction is applicable IC 6-1 1-12 1-5 1(b) 4 For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed SECTION 1 TAXPAYER INFORMATION Name of Taxpayer Wharf Partners LLC Address of Taxpayer(number and street.city,state,and ZIP code) PO Box 148 Name of Contact Demon Telephone Number Email Address Frank Perri 574 ) 532-5646 fperri@earthdesignsred.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of Designating Body Resolution Number South Bend Common Council L ocation of Property County DLGF Taxing Distnct Number 312-318 E. Colfax Avenue, South Bend. IN 46617 St. Joseph 026 (South Bend-Portage) Descnption of Real Property Improvements,Redevelopment or Rehabilitation(use addd'onal sheets if necessary) Estimated Start Date(month,day,year) See attached sheet. (Parcels 71-08-12-130-002.000-026; 06/01/2026 F sfinated Completion Date(ni xifl i.day year)71-08-12-130-011 .000-026) 06/30/2029 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES FROM PROPOSED PROJECT Current Number Salanes Number Retained Salanes Number Additional Salanes 0 0 0 0 15 750,000 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current Values 0 26,200 Plus Estimated Values of Proposed Project 50,000,000 30,000,000 Less Values of Any Property Being Replaced 0 26,200 Net Estimated Values upon Completion of Protect 50,000,000 30,000,000 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated Solid Waste Converted(pounds) 0 f stimated Hazardous Waste Converted(pounds) 0 Other Benefits SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this schedule are true Signa*ure of Authorized Representative Date SIn e I( monthr dzrz.gar) Pnnted Name of Authonzed Representative Title Frank Perri Managing Member facie I of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body Said resolution.passed or to be passed under IC 6-1 1 12 I, provides for the following limitations A The designated area has been limited to a period of time not to exceed 6 calendar years' (see below) The date this designation expires is 12/31/2029 NOTE This question addresses whether the resolution contains an expiration date for the designated area B The type of deduction that is allowed in the designated area is limited t 1 Redevelopment or rehabilitation of real estate improvements Yes _No 2- Residentially distressed areas Yes No 3 New agricultural improvement Yes No C The amount of the deduction is limited to$N/A D Other limitations or conditions(specify) N/A E Number of years allowed Year 4 Year 5 'seeYear1Year2Year3 below) Ili Q Year 6 Year 7 Year 8 Year 9 Year 10 F For a Statement of Benefits approved after June 30,2013.did this designating body adopt an abatement schedule per IC 6-1 1-12.1-17? Q Yes No If yes,attach a copy of the abatement schedule to this form If no.the designating body is required to establish an abatement schedule before the deduction can be determined We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to Justify the deduction described above Approved(signature and title of authonzed member of designating body)Telephone Number Date Signed(month.day;year) 574) Pnnted Name of Authonzed Member of Designating Body Name of Designating Body Attested by(signature and title of attester) Printed Name of Attester If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1 1-12'1-'17 In accordance with IC 6-1 1-12 -17,where the Form SB-1/Real Property was approved after June 30,2013, the designating body is required to establish an abatement schedule for each deduction allowed The deduction period should be as follows A For residentially distressed areas,the deduction period may not exceed ten(10)years B For the redevelopment or rehabilitation of real property,the deduction period may not exceed ten(10)years C For a new agricultural improvement,the deduction period may not exceed five(5)years IC 6-1.1-12.1-17 Abatement Schedules Sec. 17. (a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4 5 of this chapter an abatement schedule based on the following factors 1) The total amount of the taxpayers investment in real and personal property 2) The number of new full-time equivalent lobs created 3) The average wage of the new employees compared to the state minimum wage 4) The infrastructure requirements for the taxpayers investment 5)In the case of a deduction for new farm equipment or new agricultural improvement,an agreement by the deduction applicant to predominately use the area for agncultural purposes for a period specified by the designating body b) This subsection applies to a statement of benefits approved after June 30,20'13 A designating body shall establish an abatement schedule for each deduction allowed under this chapter An abatement schedule must specify the percentage amount of the deduction for each year of the deduction Except as provided in subsection(d)and section 18 of this chapter,an abatement schedule may not exceed ten(10)years c)An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayers statement of benefits d)An abatement schedule for new farm equipment or new agricultural improvement may not exceed five(5)years Page 2 of 2 Statement of Benefits: Real Estate Improvements Taxpayer: Wharf Partners LLC Location of Property: 312-318 E. Colfax Avenue, South Bend, IN 46617 Parcels: 71-08-12-130-002.000-026; 71-08-12-130-011.000-026 Description of Real Property Improvements: The development includes approximately 30,189 square feet of planned commercial space, currently planned for floors 1, 2, and 3. All commercial space in the development will be eligible for abatement. The development will also include at least 22 for-sale condominiums. The condominiums will be 2, 3, and 4 bedrooms, and will range from 1550 to 3429 square feet. Each condominium will be eligible for tax abatement while owned by the developer, who is also the taxpayer. The abatement on each individual condominium will expire when it is sold to a third party. Aerial and Street Views Mb 911t 1. MI AL ipe.10 ift 1 iifJ f gip IMP i 4- . ;lid mi. . - .fir A',•1 J ie iiiiIIIIF N lila N ail 244' o' III iIIIIII II amp ilampimow I 111. 11111 INV 1.stip . as e ` A _ I Views from E. Colfax Avenue iFilill a-4 , e' Franry1,-, . ' ..„,„..4^ , v': 4--, f: sr` I ,i-;,,,,,..:,' 1 1 wilts s. Rain i ;_ 1. v: alai.- -? ti i'z^.: ,'..' ram. P.-..•,,,,•',i*....4,--.4144; rok••••-•• ••.-:•.„, 1,,, 1Nittipt,,, r f *s. ';•,?wk f. y # : 4 spa' rb s'Itrillek r.,PI7yy I 0 _ . gam. ett.., :1 ems,ae 1. 1 tee._ View from the West Bank (N. Dr. Martin Luther King Jr. Boulevard) n . a u MY SP ,i x. 6Y A,- C 1 F.. s {.. S to gym .-.+_,.. sw k:tif Li. i. Project Renderings and Floor Plan Orpt VI •—• OP...., Nlionomml 4-''., 4 0 I rck-•• s..1::tc„er' 1-h10 at cc.'- sv-Li. i-_,_ .4.,'' ,,fie„,-•1, 4"4",•'4,11.1.01-4 41' .'"*'' .. 4""1"*-'''''' a''''' % II''", V/, 'Sol'Irjr1W'''''t. ,1,.. 414gure..E: _ ....• ,,,,-,,,,, ,,* sin•. 40 tt-1.4,79111.!!.. --4-•-;..(: ..,, ; - - -f s' i _riktii:::_iii-iiiii#111-: si pe,, t,„,_ .> ..e.....-_,01Sits_ ,„-zst...----f--jai ;,-;-------i-o-8% , tr,Inrs-iiialt-z- ' t--11_,It- - 41) i, 4 'r.: . ".-- 0 7.-1101111111";--"'*":1-1•104-'773-c•ii i OW- 4 c: • c-c -,,c'A - • ,e,,,-,.---vrif-_,_, 1""!.,—,„,,is ..' OP W• ,YAL•11_1_111-It-0o.-i'''_ ''. 4 '",i.,.. .•-7--.. .-, 4icky,..:`, 1. ,4V4 'Illt" . , " --.;4:' NA. ",.`",srceiki-1-4.4•`-- R AtloorA -o fftz51.1 f 4i' , i„v• L 70 ,, t,•., 1,,-(.` rt. ,-,1 ,A j.,..,, a, il_ [-,r ,- I I11 •-•,„-• 4.-, ,, „,..;„••,,,, [ 1^ ___ 1,,;.,,, \ N 1 2 1 , I. L: 1 ,,. I f , r..- or'--z-• 6' a, 1 7: ,:,,,.k.. ',V ' '..* I .,„,!tr• ,r e• pl L.1 I a I:3 c-- i•--J MIL, ,""c- " t'''• n'-'-'-]c ---1kc_ co•• r. L--___,‘.., 1 .rc, , . 4 — 1 a 14 i c c r• '"". ' ,,:4 • '.. * ..•' cc c- Cci • ,-•-•• ••1 '' I 'cy I — "dit- --- 11a,m-1' -1- — 5111 1111111111Ig- I. -1,--,g .,11 Rb• 11111111X1 ititiamisA i e 1 11 - L.,ovi," L.00°' • solle ^0. , ; Y OfI i t t116 t •i 1) a L ry r,d RW J' r1111160 III miff I( j l a ti:i fi era' r i i L'Itii ra t ,j i ;- Colfax Avenue Side J I I I l: III 1 I 17 _ X05 X04 J d. 1 : _._ F:1 rr11 , L J 1 . 1 it a 1 m X03 ' rr Vt K.,' x o 2 s ti r l N N X01 r-: N City of South Bend PLAN COMMISSION City Hall 215 S. Martin Luther King, Jr. Blvd. Suite 500 South Bend, IN 46601 (57 4) 235-7627 www.southbendin.gov/zoning March 31, 2026 Honorable Committee Chair Davis Third Floor, County-City Building South Bend, IN 46601 Filed in Clerk's Office Mar 31, 2026 Bianca Tirado Cit_ Clerk. outh Bend. l RE: Unaddressed parcels at the southern terminus of S. Glen St. and S. Dorothy St. -PC#0302-26 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 April 13, 2026, Council meeting, and set it for public hearing at your April 27, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the April 20, 2026, South Bend Plan Com mission 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 petitioner, the City of South Bend Venue Parks and Arts, owns the subject parcels and is seeking a subdivision to adjoin the parcels with the existing park space. As part of that effort, they are also seeking to zone the parcels Open Space to be consistent with the existing park and district intent. If you have any questions, please feel free to contact our office. Sincerely, Brian Killen Zoning Administrator CC: Bob Palmer Tim Corcoran Planning Director Brian Killen Zoning Administrator Francisco Fotia Commission President 19-26 Filed in Clerk's Office Mar 31, 2026 BILL NO. 19-26 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 AT THE UNADDRESSED PARCELS AT SOUTHERN TERMINUS OF GLEN AND DOROTHY STREET (PARCEL IDs: 018-8154-5549, 018-8154-5550, 018-8154-5563, 018- 8154-5556) COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from Suburban Neighborhood (S 1) District to Open Space (OS)District. 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: Parcel 018-8154-5563 -- 207 Ft E & W X 228.1 Ft N & S Beg 187 Ft W & 1076 Ft S Of Ne Cor E1/2 Ne 1/4 Sec 22-37-2e; Parcel 018-8154-5550 -- 300' E& W X 57'N & S Beg 1132.9' S Of Nw Cor Ne Ne Being Lots 78 & 85 Rum Village Hts Pro. 22-37-2e; Parcel 018-8154-5549 -- 300' E & W X 171' N & S Beg 1303.9' S & 338.2' E Of Nw Cor E1/2 Ne 1.18 Ac Sec 22-27-2e; and Parcel 018-8154-5556 -- 1.60 Ac In Ne 1/4 Sec 22-37-2e be and the same is hereby established as Open Space (OS) SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(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 2026, at o'clock_.m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2026, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - JOI( J O N E S PETRIE RAFINSKI Land Surveying Civil Engineering • Planning Architecture • Project Funding • GIS • Environmental • Renewable Energy - Landscape Architecture March 10. 2026 Filed in Clerk's Office Department of Community Investment Attn: Brian Killen Mar 31, 2026 215 S. Dr. Martin Luther King Jr Blvd South Bend, IN 46601 Bianca Tirado City Clerk, South Bend, IN RE: REZONING AND SUBDIVISION PETITION FOR PORTION OF RUM VILLAGE Enclosed, please find the following item for the above referenced project: Cover letter to the City of South Bend Plan Commission Petition for Rezoning and Combined Public Hearing Minor Subdivision Application Subdivision Plat Subdivision Support Data Sheet Filing Fee Should you have any questions please contact me at 574-232-4388. Sincerely, aire -7' . rr,,,-:-1-6 Angela M. Smith Senior Planner enclosures J:Wrojects12025 Projects\2025-01744 Rum Village\08_Permitting and Submittals\Transmittal Sheet docx 325 S.Lafayette Blvd. 111 W.Berry Street jprl source.com South Bend,IN 46601 Fort Wayne, IN 46802 574.232.4388 260.422.2522 JONES PETRIEjilltRAFINSKI Land Surveying - Civil Engineering • Planning Architecture • Project Funding • GIS • Environmental Renewable Energy • Landscape Architecture March 10, 2026 South Bend Plan Commission 215 S. Dr. Martin Luther King Jr Blvd South Bend, IN 46601 RE: REZONING AND SUBDIVISION PETITION FOR PORTION OF RUM VILLAGE Dear Commission Members: Attached please find a combined hearing petition for property owned by the South Bend Venue Parks and Arts. The property is the portion of Rum Village Park that lies west of Gertrude Street. The proposed rezoning petition will bring all the property currently owned by VPA to a single, appropriate district of OS Open Space. The subdivision consolidates the parcels to a single lot, including the appropriate dedication of the right-of-way along Gertrude Street. We look forward to the opportunity to present this project to the City of South Bend Plan Commission and Common Council. Please schedule this petition for the next regularly scheduled Plan Commission meeting and subsequent meetings with the South Bend Common Council. Sincerely, CST Angela M. Smith Senior Planner j\projects12025 projects\2025-01744 rum village\08 permitting and submittals\submittal letter.docx 325 S. Lafayette Blvd. 111 W.Berry Street jprl source-com South Bend,IN 46601 Fort Wayne,IN 46802 574.232.4388 260.422.2522 Cityof South Bend c ID .) Lit. rviar Ufr LuLrrer r\irry it DIVU - JurLe DUv South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number018-8154-5549, 018-8154-5550, 018-8154-5563, 018-8154-55556, Address:Unaddressed parcels at the southern terminus of S. Glen St. and S. Dorothy St. Owner: City Of South Bend Indiana For Department Of Public Parks Legal Description: See attached Project Summary The City of South Bend Venue Parks and Arts owns the subject parcels and is seeking a subdivision to adjoin the parcels with the existing park space. As part of that effort, they are also seeking to zone the parcels OS to be consistent with the existing park and district intent. Requested Action Application includes (check all that apply) Rezoning Current District: S1 Suburban Neighborhood 1 I"I Additional Districts, if applicable Proposed District OS - Open Space 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 ElCompleted Application (including Contact Information) Site Plan drawn to scale RFiling Fee Additional documents as noted above Cityof Sou ISouthBend L)r . IVId( l111 Luiiie " "y ' DIVU - 'u e DUU South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Subdivision Application Property Information Tax Key Number: 018-8154-5549, 018-8154-5550,018-8154-5563, and 018-8154-5556 and 018-8154-5573 Project Summary Subdivison Name: RUM VILLAGE PARK - GERTRUDE STREET MINOR SUBDIVISION Total Area of Subdivision: 44.13 acres Number of Buildable Lots: 1 Average Lot Size: 44.13 Number of Lots in original plat: Linear Feet of New Streets: 0' Requested Action Application includes (check all that apply) Subdivision Subdivision Type: Choose the current district Waivers from Chapter 21-11 - List waivers below Rezoning — complete and attach rezoning 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 Completed Application Plat Containing all information shown on pages 3 and 4 of this application Proof of Ownership Filing Fee Additional documents as noted above Approved drainage plan verification (for major subdivision only) Contact information Property owner(s) of the petition site: Name: City Of South Bend Indiana For Department Of Public Parks Address: 301 S. St. Louis Blvd South Bend, IN 46617 Name: Address: Name: Address: Contact Person: Name: Jones Petrie Rafinski - Attn: Angela Smith Address: 325 S. Lafayette Blvd South Bend, IN 46601 Phone Number: 574-232-4388 asmith@jprl source.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: Plat Contents Drawing Format: An original drawing on twenty-four-inch by thirty-six-inch paper with a 1" border, at a scale not to exceed one-inch equals 200 feet, unless otherwise approved by staff. All printed numbers, letters and typed information shall be a minimum size of a 11-point font. The drawing shall be adaptable to photographic reduction and will maintain complete legibility. The drawing shall be formatted so that all information appears on 11" x 17" paper when reproduced at 50% reduction. Plat Drawing with the following contents: Name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision within the incorporated and unincorporated areas of the County. Legal description of the subdivision which shall include section, township, range and governmental township. Township, range or section line accurately tied to the subdivision by bearing and distances in feet and hundredths thereof. Boundary of subdivision, based on accurate traverse survey with angular and lineal dimensions in feet and hundredths thereof. The traverse survey shall be closed to a minimum accuracy of 1:10,000. A boundary closure sheet shall be provided. Lot dimensions in feet and hundredths thereof, angles or bearings expressed in degrees, minutes and seconds. For Major Primary subdivision, the lot layout and dimensions can be approximate. Lot numbers. For Administrative Lot Line Adjustments, new lots shall be designated by letters with original lot lines shown with dotted lines. All easements dimensioned and labeled as for their specific uses. All right-of-way lines and widths of rights-of-way, existing and required for dedication. Elevation of the one hundred-year flood, when applicable. A note, when applicable, to indicate existing predevelopment soil conditions contain historical wetness indicators and therefore that when building a structure below grade, special consideration should be given to soil conditions. The location of all public wells and delineation of any wellhead protection area, when applicable. Delineation of wetlands identified by the National Wetlands Inventory, when applicable. Delineation of airport noise sensitive zone, when applicable. Name, address, seal and certification of the registered land surveyor preparing the subdivision, in a manner prescribed by the Commission. Deed of dedication, in a manner prescribed by the Commission. Not required for Major Primary Subdivisions. Notarized Owner's certification, in a manner prescribed by the Commission. Scale, graphic bar scale, north point and date. I An area four (4) inches vertical by nine (9) inches horizontal within which the Commission may affix its certificate of approval without obscuring or obliterating any other items on the subdivision. Any additional information requested by staff. Support Data Drawing with the following contents: Natural features such as wooded areas, swamps, wetlands and marshes. Existing man-made structures and improvements within the proposed subdivision. Existing topographic contours at vertical intervals of five (5) feet or less from available data. United States Geological Survey data may be used. Existing street patterns within a three-hundred-foot area adjacent to the proposed subdivision. Future access plan of the entire property which is being subdivided. The adjacent roads and the nearest major intersection. Existing and proposed sewers, water mains, culverts, or other underground facilities within and adjacent to the tract, indicating pipe sizes, grades and exact locations as obtained from public records. If water mains and sewers are not adjacent to the tract, the direction to and distance to the nearest ones, and their size shall be shown. Scale, graphic bar scale, north point and date. Name and address of the subdivider. Name and address of the registered land surveyor. A vicinity key map at a scale of one (1) equals two thousand (2,000) or three thousand (3,000) feet showing the location of the subdivision, major streets and physical features, such as rivers and creeks, within a distance of two (2) miles. Major Subdivisions: A drainage plan approval letter shall be submitted at the time of application for primary approval of a Major Subdivision. A report from the City Engineer shall be submitted to the Staff prior to secondary approval of a Major Subdivision. The report shall indicate that the requirements of Section 21-14.08 Improvements have been satisfactorily completed or that plans and specifications for improvements have been approved and performance guarantees for the improvements have been filed and approved. These guarantees shall: i. Run to the City; and ii. Provide satisfactory surety as required by the latest standards adopted by the Board. The surety shall be foreclosed if improvements and installations have not been completed within twelve (12) months from the date of the Committee's granting of the secondary approval of the subdivision; however, an extension of time may be granted by the Board at their public meeting, provided a request for such extension has been petitioned to the Board by the applicant or his successor in title prior to the time surety would lapse as defined above. Digital Submissions: At the time of application, an electronic copy of the plat and support data drawings shall be submitted to staff. All Major Subdivision plats shall submit a digital copy of the approved subdivision in accordance with the requirements set forth in the "Digital Data Submission Standards" as adopted by St. Joseph County. 4C"--.7W . W W W Y W W , W W W W W W 4, 4, W 4, W W 4, 4. W 4 W W * • W W • W W W W W W • W W W W W W W W * W W W W W W W W W W •Y W W * W W W W W W W W W W W W 4, W 4. W W W W 4. W 4, .4. 4, 4. 1 d• W W w 4.. W W W W - 44.13 ACRES± W * EXCLUDING ROAD RAN) W W * W W W W W W 4. W W W W W W * W W •r , 4, W W W W 4. y J 4. 4.• W 3 J W Lai L) „‘',\s‘.. .../. 9 ky_.(-,/-2,;____,, ,.., /:.:_. r ,, ; ) _;,_._ ____—_--, . \ 0 r) a v • ) 80 ( Ir%- cf ---/ 1 805 fr.\., ° r, di?v,/` f,, --Z/ 1., ,_, ) ) ki_ 1P\\K Q.\\_\__'BI%'-'V- --'1 ,, ,.,/,°,--r,_--------,. N \ --- J_,) ° 72:) - r\\ .. r j 1 1 (,,\_, '? s\s fr.i 8, 0 j 5 6,r _rie \-)c-ek r. --7L-7‘.....)-2. 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V i. , 3 3 0 `a .' 2c ti ti 9 \9 9 ' ("(29 r C9- .\nc 1 \J k*_\ .) a l I ) 1 ) 1 I 9 9 90 9 9 9 t 9 9 Ci *v— pp \ d ir-C'es , 3 3 -3 3 4 4 f:Th. 4 ° -C--) 4 / 4 0 e...,.(--- j //2„?...1 /..1 4,---"-- Z: Z L a i 9 9 i 9 of- 9 1' / .^- ri r l r-liwZwWCe w, 961,i 19g f J / s- . o fi r`/ //,_-- - Th _ L 1 epe Z804 u C V(/c 9,__- spa_ / r4 cc 1 e a 11 y IC A r r- ``& -) , r ti A i 1`1r c`rs f, 1 ` Nil Z NCB ov 1 !fa 4\ ICI South Bend Common Council 4th Floor County City Building 227 W Jefferson South Bend, IN 46601 Dear Honorable Council, February, 26,2026 Please accept this Ordinance to vacate a portion of the street L� of way as shown in the attached diagram. There are no utilities currently located within the portion of the vacation area. Our plan is simply to increase our yard space. We respectfully request approval to a quire the right of way as shown in the attached request. Thank you for your consideration. If you have any questions or concerns, please feel free to contact us at tomkiewicz.pt@g mail.com. Sincerely, � z· Christopher and Peggy Tomkiewicz 2801 WCalvertSt South Bend, IN 46613 Filed in Clerk's Office Apr 1, 2026 Bianca Tirado City Clerk. oulh Bend, I 20-26 Filed in Clerk's Office Apr 1 , 2026 BILL NO. 20-26 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: WESTERN 'A OF THE UNIMPROVED NORTH/SOUTH RIGHT-OF-WAY NORTH OF CALVERT AND IMMEDIATELY EAST OF 2801 WEST CALVERT STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation in order to expand his yard. Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinances vacates the above-described public property. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: Western 1/2 of the unimproved north/south right-of-way north of Calvert and immediately east of 2801 W. Calvert, more particularly described as set forth in Exhibit A. Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following properties may be injuriously or beneficially affected by such vacating: 2810 W Calvert Street—Parcel ID 018-8110-4170 SECTION IV. The purpose of the vacation of the real property is to expand the petitioner's yard. SECTION V. The vacation is subject to the elimination of the alley approach by hiring a private contractor bonded with the City to tear out the approach, replace with curb, and establish a tree lawn in accordance with City standards and specifications within ninety (90) days of final approval by the Common Council. 1 SECTION VI. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of 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 2026, at o'clock_.m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2026, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 175'285301 i I I i 5 018-8111,.-4168 l 0-41'71 ow. visp, w y Vv. CALVERT T 0f 4 +fib 9 r i 11f !MOWS fill II IIo, II 018-8106-3992 018-: .6 3994!8-8106-4005 018--8110-41- 018-81.10-41 79 018-8106-3995 018-8106-4007/ o4sovTH 494 x CITY OF SOUTH BEND BOARD OF PUBLIC WORKS January 13,2026 Mr.Christopher Tomkiewicz 2801 W.Calvert St. South Bend,IN 46613 Tomkiewicz.tt@gmail.com RE: ROW Vacation- ROW East of 2801 W.Calvert St. Preliminary Review) Dear Mr.Tom kiewicz: At its January 13, 2026 meeting, the Board of Public Works reviewed comments by the Engineering Division,Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church,school or other public building or place.The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this right of way. If you still wish to pursue this vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4t'' floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council, approval of an ordinance,and certification of the ordinance from the Mayor.The property then must be recorded with the Recorder's Office to ensure that your 50% ownership of the property is appropriately transferred to your name.If you have any questions about how the vacation will affect your property taxes,please contact the Auditor's Office. In its Ordinance, the City of South Bend Common Council included the Board of Public Works' requirement that you eliminate the alley approach by hiring a private contractor bonded with the City to tear out the approach,replace with curb,and establish a tree lawn in accordance with City standards and specifications.These updates should be made within ninety(90)days of final approval from the Common Council. Please notify us when this work is complete. If you have any further questions,please call this office at(574)235-9251. Sincerely, s/Hillary Horvath Hillary Horvath,Clerk ELIZABETH A. MARADIK I JOSEPH R. MOLNAR I MURRAY L.MILLER I BREANA N. MICOU I ABIGAIL E.MAGAS 215 S. Dr.Martin Luther King, Jr.Blvd., Ste 400, South Bend, Indiana 46601 (574) 233-0311 southbendin.gov E ce, ti. a 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: August 29,2025 TO: Kyle Ludlow,Public Works Eric Horvath, Public Works Chris Dressel,Community Investment Derek Erquhart, Fire Department Brad Rohrscheib,Police Department FROM: Hillary Horvath,(hhorvath@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS- ROW VACATION APPLICANT: Christopher Tomkiewicz LOCATION: Unimproved ROW East of 2801W.Calvert St PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW,BASED ON THE FOLLOWING I.C.36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church,school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS/ENGINEERING:Favorable Recommendation COMMUNITY INVESTMENT:Favorable Recommendation FIRE: Favorable Recommendation POLICE:Favorable recommendation v.2U14-U/-JU Qt I!, ,i, STREET/ALLEY VACATION BPW APPLICATION City of South Bend - Board of Public Works Jefferson Boulevard, Ste. 1316227W. South Bend, IN 46601 Date: 8 („7/"`? Phone#:7/ t(J/ / — l r Name: I D_ -et() i C 7 E-mail: /C2/!9,6-P'CZ s pig Gni. / Property Address: C9 l W) CO ( /jQ[riL C4 Applicant property information: .Residential Commercial nU,duStrial Describe the general street/alley location with boundaries(Ex: 1st East/West Alley, west of St. Peter St and north of Howard St): DO/25sf i J421?L / i7t 00J De-L)/04 —C,'.-2-l aI{0/76d Avol , Describe the reason for the request, proposed use, and any changes made to the request following from preliminary review: 64st-i The following MUST be attached to this application: 300 payment (check or money order) Preliminary review form with staff comments Office Use Only Fee Paid Date: Rf?Q/ 2nZS Check/Money Order x: BPW Recommendation: 7-Favorable Not Favorable CITY OF SOUTH BEND.INDIANA BOARD OF PUBLIC WORKS 1 gin Elizabeth A.Maradik,President Joseph R.Molnar,Vice President yyLwy A 7"4" , lG-- Murray L Miller,Member Breana N.Micou,Member airg"?71T4,PE Abigail E.Magas,Member Attest:Hillary R.Horvath,Clerk Date: January 13, 2026 This application expires 90 days from the BPW meeting date,which is April 13,2026. v.2024-07-30 STREET/ALLEY VACATION PRELIMINARY REVIEW City of South Bend - Board of Public Works PE.. 227 W. Jefferson Boulevard, Ste. 1316 s' South Bend, IN 46601 Date: June 6, 1995 Phone#: 574-261-7864 Chris Tomkiewicz tomkiewicz45@gmail.com Name: Email: g Property 2801 W. Calvert Address: Applicant property information:Residential Commercial Industrial Describe the general street/alley location with boundaries(Ex:1st East/West Alley,west of St.Peter St and north of Howard St): West Calvert / rail road own field around me. (Unimproved ROW east of 2801 W. Calvert) Is your property adjacent to the street/alley of interest? O Yes ONo Do any property owners currently access the street/alley? Yes O No Is there a future property development plan associated with this request? Yes ONo Describe the reason for this vacation request and proposed use: For a bigger yard. This is a request for preliminary review of alley or street vacation with regard to Board of Public Works basic criteria.Staff will review the information provided and give feedback to the applicant. OFFICE USE ONLY: Do less than 50%of properties on the full block have direct street access? 0 Yes 0 No Is this the only midblock connection? Yes 0 No Is the block length greater than 600'? Yes j No Will the vacation result in:dead end alley,interference with bike route,violations of Yes . No minimum traffic safety standards? Are there public or private utilities in the alley? O Yes No Preliminary Staff Comments: Favorable recommendation for a partial vacation that incudes the western 1/2 (approx. 26 ft) of the unimproved N-S ROW north of Calvert and immediately east of 2801 Calvert Partial vacation allows for continued access to underground utilities. Chris Dressel From: Chris Dressel Sent: Wednesday, August 6, 2025 1:03 PM To: tomkiewicz45@gmail.com Cc: Gemma Stanton; Kyle Ludlow; Diane Stauffer Subject: RE: Your ROW vacation request - 2801Calvert Attachments:Public Right of Way Vacation Procedure_Current.pdf; ROW Vacation Application - 2801 W. Calvert St. - Final Preliminary Review.pdf Hello Chris, Please find attached a completed City of South Bend preliminary review form in response to your request to vacate the Public Right of Way immediately east of 2801 W. Calvert. Your request has received a FAVORABLE RECOMMENDATION for a partial vacation. Following a site visit on 7-11-2025 and further staff review,your request has received a favorable recommendation for a vacation of the western 1/2 of the ROW(approximately 26') The eastern 1/2 of the ROW should be preserved to maintain access to existing utilities. Next steps are attached as part of the Public Right of Way Vacation procedure. If you wish to continue your request, please send the same attached completed preliminary review form to PWEngineering@southbendin.gov and pay the$300 filing fee—processing for the Board of Public Works follows. Please let me know If you have any questions. I will mail the attached documents per your earlier request. Chris Chris Dressel c0TH F Senior Planner y,j=i. City of South Bend 11:. Department of Community Investment Division of Planning and Community Resources rars County-City Building cdressekasouthbendin,gov 227 W.Jefferson Blvd 574-235-5847 South Bend,IN 46615 Southbendin.gov Excellence Accountability Innovation Inclusion Empowerment 1 m...1‘. 0 At At at r 7411141 ;, • tle igl t t Aso sto•Iy 4.11fteg I hwoody AD dew* ......*44, 90,09a.9..0,,, au•••• •••,••••• l....CP.T.r., r 401 91.9011.019391 01 41901t 10PARILIMCZ CAOSOCKA•A*0 vECKTT eft Alban Mu v•CALVEITT ST Any sub G.,122..S•VAT Oa COrvoter MANN=1101.111111111 alleles.ra..iewas '''-' — iii rim . .2 i 1.11011.11114.930 111 40 lap N ; 1. Li - * g440 i II 1 lid c'Lli 411 fr ill ilii AL 01- le A 91 0 a 19 .. . 1911. 9. 84110-4 i 70 OP-I 5-301.02.1000-026 r .I •i, . '.!--- o—e—eo—...—........ I g $ [ t ! g I IIII 1.! OM III i t 'll 4 9 r - ' II. airt Igil 1 '111 11 , ill 1 i q I .1. 10- • : I Portage 2 A I 210212End IN Li I 1 = i 1 i . . 190100.0.1 I 0 1.5 2 9 9 t et j Name Mailing Address Mailing City Mailii Mailing Zi Parcel ID Property Address Property City Proper Zip KIDDER MARK A&LORRIE J 2814 West Calvert St South Bend IN 46613 018-8110-4177 2814 W CALVERT ST SOUTH BEND IN 46613 RECENDIZALEJANDRO DIAZ 2714 W Calvert St South Bend IN 46613 018-8106-3994 2714 W CALVERT ST SOUTH BEND IN 46613 SHELTON BROOKE UND 1/4 INT&THOMAS NIA UND 1/4 INT&CANTU BRYCE UND 1/4 INT&THOMAS ESSA UND 1/4 INT JTWROS 2808 W Calvert St South Bend IN 46613 018-8110-4178 2808 W CALVERT ST SOUTH BEND IN 46613 ALLEN CRAIG 2802 W Calvert St South Bend IN 46613 018-8110-4179 2802 W CALVERT ST SOUTH BEND IN 46613 WASHINGTON CATHERINE 2813 W Calvert St South Bend IN 46613 018-8110-4168 2813 W CALVERT ST SOUTH BEND IN 46613 GILLS LENNIE P 2807 West Calvert St South Bend IN 46613 018-8110-4169 2807 W CALVERT ST SOUTH BEND IN 46613 TOMKIEWICZ CHRISTOHER A AND PEGGY F 2801 W Calvert St South Bend IN 46613 018-8110-4170 2801 W CALVERT ST SOUTH BEND IN 46613 RECENDIZ ALEJANDRO DIAZ 2714 W Calvert St South Bend IN 46613 018-8106-3993 RECENDIZALEJANDRO DIAZ 2714 W Calvert St South Bend IN 46613 018-8106-3992 NEW JERSEY IND AND ILL RR CO%NORFOLK SOUTHERN CORP Taxation Department Atlanta GA 30308 018-8075-2856 NEW JERSEY IND AND ILL RR CO%NORFOLK SOUTHERN CORP Taxation Department Atlanta GA 30308 018-8075-285301 April 7, 2026 City of South Bend PLAN COMMISSION City Hall 215 S. Dr. Martin Luther King, Jr. Blvd. Suite 500 South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning Honorable Dr. Oliver Davis 3rd Floor, City Hall South Bend, IN 4660 l Filed in Clerk's Office Apr8,2026 RE: Proposed Zoning Text Amendment #7.5 Dear Committee Chair Dr. Davis: Bianca Tirado City Clerk. outh Bend, Enclosed is an Ordinance for proposed Text Amendments for Chapter 3, 4, 6, 13, 14, and 17 of the City of South Bend Municipal Code. The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on January l, 2020, last amended January 2026. However, the numerous references to the zoning code mentioned in the rest of the Municipal Code were not updated to align with the newly adopted Chapter 21 code language. The intent of this package of text amendments is to amend Chapter 3, 4, 6, 13, 14, and 17 to align with Chapter 21. Please include the attached Ordinance on the Council agenda for first reading at your April 7, 2026 Council meeting and set it for public hearing at your April 27, 2026 Council meeting. The petition will not be heard by the South Bend Plan Commission, instead will be heard directly by Common Council. If you have any questions, please call our office at (574) 235-7627. Sincerely, Brian Killen Zoning Administrator Tim Corcoran Planning Director Brian Killen Zoning Administrator Francisco Fotia Commission President 21-26 Filed in Clerk's Office Apr 8, 2026 BILL NO. 21-26 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTERS 3,4, 6, 13, 14, and 17 OF THE SOUTH BEND MUNICIPAL CODE TO ALIGN WITH ZONING CHAPTER 21 STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on January 1, 2020. Other chapters of the South Bend municipal code which make references to the zoning ordinance and zoning districts must be updated accordingly to ensure continued alignment. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 3, Advertising, of the South Bend Municipal Code, Article 2 Illuminated Signs, Division 2 Construction and Height Specifications, Section 3-21 Flat signs minimum height is hereby amended as follows: Illuminated signs flat against a building may be erected at entrance door height if the entire sign box is flat against the building wall; otherwise, the sign shall clear the meet the projecting sign clearance standards set forth at subsection 21-10.05(d)(4). SECTION II. Chapter 3,Advertising, of the South Bend Municipal Code, Article 2 Illuminated Signs, Division 2 Construction and Height Specifications, Section 3-24 Anchorage and height of signs above public way is hereby amended as follows: a3 Illuminated signs projecting over public property shall meet the standards for projecting signs set forth at subsection 21-10.05(d)(4).- 2) Have the lowest part overhanging the public way at least ten (10) feet two (2) feet of the curb line; 3) If installed over an alley, be at least eighteen(18) feet above the SECTION III. Chapter 4, Licenses, of the South Bend Municipal Code, Article 4 Specific Business Regulations, Section 4-18.5 Adult businesses, subsection (a) Definitions is hereby amended as follows: 1) Adult business shall have the meaning set forth at subsection 21 08.02(c)21- 06.01(k)(1). 2) Adult mini motion picture theater shall have the meaning set forth at subsection 21 08.02(c)(6)21-06.01(k)(1)(B)(vi). 3) Adult motion picture theater shall have the meaning set forth at subsection 24- 08.02(c)(9)21-06.01(k)(1)(B)(ix). 8) Specified anatomical areas shall have the meaning set forth at subsection 2-1- 08.02(c)(17)21-06.01(k)(1)(B)(xvii). 9) Specified sexual activities shall have the meaning set forth at subsection 24- 08.02(c)(18)21-06.01(k)(1)(B)(xviii). SECTION IV. Chapter 4, Licenses, of the South Bend Municipal Code, Article 4 Specific Business Regulations,Section 4-22 Carnivals and circuses, subsection (e) Zoning Restrictions is hereby amended as follows: 1) No license shall be issued to any proposed carnival or circus for a location within one thousand(1,000) feet of any of the following zoning use districts as defined by the zoning chapter of this Code: a.A" Residence S 1 Suburban Neighborhood 1 District. b.A 1" Residence S2 Suburban Neighborhood 2 District. c.U 1 Urban Neighborhood 1 District d.A3" High, Priority Residential Office and n,-„f scional U2 Urban Neighborhood 2 District e.B"Residence U3 Urban Neighborhood 3 District. f.B 1"Residence OF Urban Neighborhood Flex District. SECTION V. Chapter 4, Licenses, of the South Bend Municipal Code, Article 4 Specific Business Regulations, Section 4-23 Fertilizer manufacturing facilities, subsection (f) Zoning restrictions is hereby amended as follows: Fertilizer manufacturing facilities shall be located only in areas zoned "E" Heavy I Industrial DistrictDistrictt.-heweverrnNo fertilizer manufacturing facility shall be located within one thousand(1,000) feet of any property not zoned"I" Industrial District. of th f llo g districts .,s defined b., the g chapter of this Code: 1) "A" Residence District. 2) "A 1"Residence District. 3) "A 2" Planned Residential Development District 1) "A 3" Mixed Use Multifamily Residential and Commercial. 5) "B" Residence District. 6) "B 1"Residence District. 7) "C 1"Commercial, Limited Use District. 8) "C 2"Planned Shopping Center District. SECTION VI. Chapter 4, Licenses, of the South Bend Municipal Code, Article 4 Specific Business Regulations, Section 4-40 Outdoor motion picture theaters, subsection (f) Zoning restrictions is hereby amended as follows: 1) No license shall be issued to any proposed outdoor motion picture theater for a location within one thousand(1,000) feet of any of the following zoning use districts as defined by the zoning chapter of this Code: a.A" Residence S I Suburban Neighborhood 1 District. b.A 1" Residence S2 Suburban Neighborhood 2 District. c.U 1 Urban Neighborhood 1 District d.A 3" High Priority Residential Office a d Prof ssional U2 Urban Neighborhood 2 District e.B" Desidencc U3 Urban Neighborhood 3 District. f.B 1" Residence OF Urban Neighborhood Flex District. SECTION VII. Chapter 4, Licenses, of the South Bend Municipal Code, Article 4 Specific Business Regulations, Section 4-51 Scrap metal dealers,junk dealers,valuable metal dealers and recycling operations is hereby amended as follows: d) Application;zoning restrictions. 2) No license shall be issued to any proposed scrap or junkyard, recycling operation or transfer station for a location within one thousand(1,000) feet of any lot being lawfully used, entirely or in part, as a single- f mily two f.,..ily ^ ultif n ily 1 unit, 2unit, or multi-unit dwelling, or any of the following zoning use districts as defined by the zoning chapter of this Code: a.SF1 Single Fa. ily and Two Family S1 Suburban Neighborhood 1 District b.SF2 Single Family and Two Family S2 Suburban Neighborhood 2 District c.M -1 Urban Corridor M„ltif mily U1 Urban Neighborhood 1 District d. U2 Urban Neighborhood 2 District e.OB Office Buffer U3 Urban Neighborhood 3 District f.MU Mixed Use OF Urban Neighborhood Flex District g.0" Office NC Neighborhood Center District h. DT Downtown District i. OS Open Space District j.CBD Central Business District U University District k. C Commercial District unless such footage requirement is waived by specific resolution of the Common Council. Such resolution must incorporate one of the following considerations for such a waiver: that the majority of the business operation would take place within an enclosed structure, that the business would be located beyond one-half(1/2) of the footage requirement or that a majority of the owners affected by the new business which are within the one thousand-foot requirement give approval. 1) Operation and maintenance rules and regulations. 2) The operators of such yards shall conform with the following rules and regulations: a.Minimum lot area for new yards: All new scrap and junkyards, and recycling operations shall have a minimum lot area of five 5) acres and shall be zoned FBI General Industrial District pursuant to the zoning provisions of this Code. SECTION VIII. Chapter 4, Licenses, of the South Bend Municipal Code, Article 4 Specific Business Regulations, Section 4-62 Waste to energy facilities, subsection (I) Zoning restrictions is hereby amended as follows: Waste to energy facilities shall be located only in areas zoned "E" Heavy I Industrial District;ovwver-7nNo waste to energy facility shall be located within one thousand 1,000) feet of any property not zoned"I" Industrial District of the f llowing ng districts as defined by the zoning chapter of this Codes 1) "A" Residence District. 2) "A 1" Residence District. 3) "A 2" Planned Residential Development District 4) "A 3" Mixed Use Multifamily Residential and Commercial. 5) "B"Residence District. 6) `B 1" Residence District. 7} "C 1"Commercial, Limited Use District. 8) "C 2" Planned Shopping Center District. SECTION IX. Chapter 6, Building, of the South Bend Municipal Code, Article 1 General Provisions, Section 6-4.1. Filing fees; improvement location permits and document processing/preparation fees is hereby amended as follows: 4) Northeast Neighborhood Zoning Overlay District alk' Northeast Neighberheed Developmt ° a Design Review Fees: Required for all standalone residential or commercial new construction, in addition to and separate from any other permit, processing, or review fee: 160.00 The Department's review or processing of all of the above listed matters is subject to form and submission requirements which are available for inspection in the office of the Building Department, and viewable on the City website, www.southbendin.gov. SECTION X. Chapter 6, Building, of the South Bend Municipal Code, Article 9 Floodplain Code, Section 6-38.3 General provisions, subsection (i)is hereby amended as follows: Penalties for Violation. Failure to obtain a Floodplain Development Permit in the SFHA or failure to comply with the requirements of a Floodplain Development Permit or conditions of a variance shall be deemed to be a violation of this article. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Code for the City of South Bend in Section 21-14.03(i). All violations shall be punishable by a fine as set forth in Section 21-13.02(h). SECTION XI. Chapter 13, Offenses and Miscellaneous Provisions, of the South Bend Municipal Code, Article 7 Noise Control, Section 13-80 Definitions, subsection (a) is hereby amended as follows: 3) C Commercial Districts. C 1 and C 2 NC, DT, and C Commercial Ddistricts as defined in the zoning chapter of this code. 11) Residential Districts. A, A 1,A 2, A 3, B, and B 1 residence S 1, S2, U 1,U2, U3, UF, OS, and U districts as defined in the zoning chapter of this Code. SECTION XII. Chapter 14, Specific Public Safety Regulations, of the South Bend Municipal Code,Article 1 Roller Skates and Skateboards, Section 14-3 Same—On sidewalks is hereby amended as follows: a) No person shall roller skate or ride a skateboard on any city sidewalk in the following areas of the City: 1)NC Neighborhood Center Districts (except where eci fcally posted ethervise3. 2) The rental Business DT Downtown District. 3) "C-I°' Commercial Districts. 4) "C 2" Planned Shopping Center I Industrial District(except where 5) "C" Commercial Districts. 6) "D" Light Industrial Districts. 7) "E" Heavy Industrial Districts. as defined in Chapter 21 (entitled"Zoning") of this code, and on all sidewalks adjacent to nursing homes, hospitals, fire stations, schools, churches, and synagogues. areas of the City: I) "A" Residence Districts. 2) "A 1" Residence Districts. 3) "A 2" Planned Residential Development Districts. 1) `B" Residence Districts. 5) "B 1"Residence Districts. as defined in Chapter 21 (entitled"Zoning")of this Code. fc SECTION XIII. Chapter 14, Specific Public Safety Regulations, of the South Bend Municipal Code, Article 8 Residential Lawn Parking Regulations, Section 14-41 Definitions is hereby amended as follows: Residential use: Real estate which is zoned S 1 Suburban Neighborhood 1, S2 Suburban Neighborhood 2, U1 Urban Neighborhood 1, U2 Urban Neighborhood 2, U3 Urban Neighborhood 3, or UF Urban Neighborhood Flex,SF1 Single Family and as further addressed in South Bend Municipal Code section 21= 02 01. S -2 Si No Fa il. na T.. „ Fa ily D.:ell; gas further add.03. o 0 District as further addressed in South Boni Municipal C„de section r MF2 section 21 02.01. SECTION XIV. Chapter 14, Specific Public Safety Regulations, of the South Bend Municipal Code,Article 9 Regulations Addressing Special Events in Residentially Zoned Area, Section 14-51 Definitions is hereby amended as follows: Residentially zoned area: Real estate which is zoned SI Suburban Neighborhood 1, S2 Suburban Neighborhood 2, U1 Urban Neighborhood 1, U2 Urban Neighborhood 2, U3 Urban Neighborhood 3, or UF Urban Neighborhood Flex, as further addressed in South Bend Municipal Code section 21- 03. SBMC § 21 02.01; SF2 single family and two family dwelling as further addressed in SBMC § 21 02.03; or MF2 high density multifamily district as further addressed in SBMC § 21 02.01. SECTION XV. Chapter 17, Sewers and Water, of the South Bend Municipal Code, Article 1 General Provisions, Section 17-4 Drains and downspouts disconnection requirements; limited exceptions, subsection (c) is hereby amended as follows: Due to the extraordinary estimated costs to implement the Long Term Control Plan LTCP) mandated by the Environmental Protection Agency (EPA) and the Indiana Department of Environmental Management(IDEM), all buildings, residences, sump pumps, and parking lots which currently direct their storm water into the sanitary or combined sewers shall disconnect by the following dates: Residential properties: December 31 st, 2020; Commercial properties: December 31 st, 2020; with the following limited exceptions and requirements: 1) All properties located in a OF Urban Flex, NC Neighborhood Center, DT Downtown, or C Commercial Commercial/Mixed Use Ddistrictsas defined in Sections 21-03 and 21-04 of Article 3 of Chapter 21 of the South Bend Municipal Code,whichnclude_ OB O ee Buff Distric+ MT r Mixed Use District, 0 Office District, LB Local Business District, CB r_,.«,ral B siness District ell „ll P D Pl....«e T 1n;t and all industrial properties,shall disconnect all buildings, sump pumps, and parking lots which currently direct their storm water into the sanitary or combined sewers. If disconnecting is not practical or possible or if the cost incurred would make disconnecting financially impractical or financially impossible the building owner may, at their choosing, enter the In-Lieu of Disconnect Fee Program instead of disconnecting. By entering this program the building owner agrees to pay to the City a one-time fee of$0.61 per square foot of connected impervious surface. All funds received by the City for the In-Lieu of Disconnect Fee Program shall be specifically designated to reduce the financial burden on residents of the combined sewer overflow LTCP. By December 31 st 2020 all commercial and industrial buildings shall have either disconnected or shall have entered the In-Lieu of Disconnect Fee Program. The Department of Public Works shall, by December 31 s12017, make available on the City's website a guidance document that will assist commercial building owners in obtaining further information on how to join the Program. The guidance document shall also outline how commercial building owners may pay the In-Lieu of Disconnect Fee in installments. SECTION XVI. Chapter 17, Sewers and Water, of the South Bend Municipal Code, Article 8 Flood Hazard Area Standards, Section 17-65 Certain utility construction or reconstruction in flood hazard areas is hereby amended as follows: All new or replacement watermains, valves, or other appurtenances and all new or replacement sewers, manholes, and other appurtenances constructed or reconstructed in a Special Flood Hazard Area, as defined in section 21 12.03(a)(21)21-14.02(a)(64), shall be designed and constructed as to minimize or eliminate infiltration of floodwaters into these systems and discharges from the systems into floodwaters. SECTION XVIII. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 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 2026, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2026,at o'clock m. James Mueller, Mayor City of South Bend, Indiana April 7, 2026 City of South Bend PLAN COMMISSION Honorable Dr. Oliver Davis 3rd Floor, City Hall South Bend, IN 4660 l RE: Proposed Zoning Text Amendment #8 for Chapter 21 Dear Committee Chair Dr. Davis: City Hall 215 S. Dr. Martin Luther King, Jr. Blvd. Suite 500 South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office AprS,2026 Bianca Tirado City Clerk, South Bend, I Enclosed is an Ordinance for a proposed Text Amendment to Chapter 21. The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on January 1, 2020. Since its last amendment in January 2026, use of the Ordinance has identified a few standards that need further clarification, correction, or revision. Changes to these standards will support a more vibrant, resilient community while improving the ease of use of the zoning ordinance. Please include the attached Ordinance on the Council agenda for first reading at your April 13, 2026 Council meeting and set it for public hearing at your April 27, 2026 Council meeting. The petition is tentatively scheduled for public hearing at the April 20, 2026 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. If you have any questions, please call our office at (574) 235-7627. Sincerely, Brian Killen Zoning Administrator Tim Corcoran Planning Director Brian Killen Zoning Administrator Francisco Fotia Commission President 22-26 Filed in Clerk's Office BILL NUMBER 22-26 Apr 8, 2026 Bianca Tirado ORDINANCE NO. City Clerk. South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE MISCELLANEOUS CHANGES FOR CLARIFICATION AND CONSISTENCY TO SIMPLIFY DEVELOPMENT PROCESS AND TO ACHIEVE HIGHER QUALITY DEVELOPMENT STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on January 1, 2020. Since its adoption in November 2019,use of the Ordinance has identified a few standards that need further clarification, correction, or revision. Changes to these standards will support a more vibrant, resilient community while improving the ease of use of the zoning ordinance. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code,Article 2 Definitions& Measurements, Section 21-02.03 Measurements, subsection (b) Building Placement, Contextual Front Setback diagrams are hereby amended as follows: I 1 I I I 1 I I I I I I I I7 I _ TL II i 71_ 1 Tt jII b o o w" b • 4 6 riI L o< Fm,tsrera a zo.aq rives Contextual Front SC112901-In(Ion:of Mown u,Sefbeck I 1 I I I I A ! ( I I I I ramw 1 I II I 5eseocx 1` f FT --I rcuro Je, I beau' 111111 VV VV.77 • i._ _ mox rro. gay.^.v. gym- A V _ ' Msa ureG f 15ere«. OOMMVy rnu a v mt 5.ee.cw or zon.+p Dut.ct a wn keq,i.ea ROM SrtOac. Fiat LIGCY MnM e9 FOM 50,9000 ryiwaq dArc Conteduat Front Semacl-Bgana Manmum Sefb0tk SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code,Article 2 Definitions & Measurements, Section 21-02.03 Measurements, subsection (d) Building Form is hereby amended as follows: 2) Building Height(Stories). D) A single one-story shared amenity space pe on a Stacked Flats, Shop, or Mid-Rise/Tower building type shall not count as a story toward the maximum number if it meets the following criteria: SECTION III. Chapter 21,Zoning, of the South Bend Municipal Code,Article 2 Definitions & Measurements, Section 21-02.03 Measurements, subsection (e) Building Components,Ancillary Dwelling Height Allowance-No Alley diagram are hereby deleted and replaced with new Ancillary Dwelling Height Allowance -No Alley diagram as follows: Anc,llary Ark iuory Owefling pec • , „Dwe[fng 28' 25 max. r max 0 F lAces. 2 rAcc:•! L. r Strvctu.o 2re 4101 18- 18' max max diary Dwelling Height Allowance-No Alley Ancillary Dwelling Height Allowance-No Alley SECTION IV. Chapter 21,Zoning, of the South Bend Municipal Code,Article 2 Definitions & Measurements, Section 21-02.03 Measurements, subsection (f) Building Standards, (2) Building Width is hereby amended as follows: A) For the Stacked Flats, Shop, and Mid-Rise/Tower building types, the Zoning Administrator may grant the following allowances if the building design meets the intent of the ordinance: i 1 r .1 h 11 t s bet.< o str, ctures that o back a J f c u t 1 t 20 f t f th f-r t f d h 11 t nt toward rti„,.ih,of building width If buildings or parts of a building are connected by an elevated hallway open at the ground floor), the width of each building or part of a building shall be measured independently. The connection, which shall not count toward building width, shall be set back a minimum of 20 feet from the front or corner facade. ii. In a U3 or OF district, if buildings or parts of a building are at least four stories in height and connected by a hallway, the width of each building or part of a building shall be measured independently. The connection, which shall not count toward building width, shall be set back a minimum of 20 feet from the front or corner facade and may be at grade or elevated. iii. In a NC or DT district, if a building is designed as multiple buildings, the building width of each uniquely designed part shall be measured independently. Each part shall not exceed 120 feet in width, shall have a frontage type, and shall be made architecturally distinct through means such as variations in building and parapet heights, building materials and ornamentation, and window pattern, grouping, and size. iv. The maximum building width may be increased e€up to 25%to fill out the lot frontage when it is contextually appropriat meets-the-in.tent-ef-the-erdiftanee. SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code,Article 3 Standard Districts, Section 21-03.01 S1 Suburban Neighborhood 1, subsection (I) Building Form; Section 21-03.02 S2 Suburban Neighborhood 2, subsection (f) Building Form; Section 21-03.03 U1 Urban Neighborhood 1, subsection (f) Building Form; Section 21-03.04 U2 Urban Neighborhood 2, subsection (f) Building Form; Section 21-03.05 U3 Urban Neighborhood 3, subsection (f) Building Form are hereby amended as follows: Building Height Accessory buildings, except for ancillary dwelling units, shall not be taller than the primary building on a lot. SECTION VI. Chapter 21, Zoning, of the South Bend Municipal Code,Article 3 Standard Districts, Section 21-03.01 S1 Suburban Neighborhood 1, subsection (j) Landscape; Section 21-03.02 S2 Suburban Neighborhood 2, subsection (j) Landscape; Section 21-03.03 Ui Urban Neighborhood 1, subsection (j) Landscape; Section 21-03.04 U2 Urban Neighborhood 2, subsection (j) Landscape; Section 21-03.05 U3 Urban Neighborhood 3, subsection (j) Landscape; Section 21-03.06 UF Urban Neighborhood Flex, subsection (j) Landscape; Section 21-03.07 NC Neighborhood Center, subsection (j) Landscape; Section 21-03.08 DT Downtown, subsection (j) Landscape are hereby amended as follows: Parking Lot Screening (of 4 or more spaces) Buffers shall comply with Section 21-09.010)0. SECTION VII. Chapter 21, Zoning, of the South Bend Municipal Code,Article 3 Standard Districts, Section 21-03.04 U2 Urban Neighborhood 2, subsection (f) Building Form is hereby amended as follows: Building Height Primary Building(max.) 35' and 2.5 stories1 Accessory Building (max.)+ z Apartment Houses may be built to a maximum height of 3 stories if building width is 30' or less. 42 SECTION VIII. Chapter 21, Zoning, of the South Bend Municipal Code,Article 3 Standard Districts, Section 21-03.06 UF Urban Neighborhood Hex, subsection (c) Principal Uses is hereby amended as follows: Restaurant Speeial-Eiteeptiefi Allowed subject to conditions SECTION IX. Chapter 21, Zoning, of the South Bend Municipal Code,Article 3 Standard Districts, Section 21-03.06 UF Urban Neighborhood Flex, subsection (f) Building Form is hereby amended as follows: Building Design Total Non-Residential or Non-Civic Use(max.) 5,000 square feet Restaurant(max.) 2,000 square feet SECTION X. Chapter 21, Zoning, of the South Bend Municipal Code,Article 4 Special Districts, Section 21-04.01 OS Open Space, subsection (i)Landscape; Section 21-04.02 U University, subsection (i) Landscape; Section 21-04.03 C Commercial, subsection (i) Landscape; Section 21-04.04 I Industrial, subsection (i) Landscape are hereby amended as follows: Parking Lot Screening (of 4 or more spaces) Buffers shall comply with Section 21-09.01E00j. SECTION XI. Chapter 21, Zoning, of the South Bend Municipal Code,Article 6 Uses, Section 21-06.01 Principal Uses,Table 21-06A: Principal Uses by Zoning District is hereby amended as follows: Retail & Service OF Restaurant Special Exception Allowed subject to conditions SECTION XII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.01 Principal Uses, subsection (g) Industrial, Manufacturing, & Processing, sub-subsection (2)(A)(i) Industrial, Heavy Standards;Article 6 Uses, Section 21-06.01 Principal Uses, subsection (g)Industrial, Manufacturing, & Processing, sub-subsection 3)(A)(i) Industrial, Light Standards;Article 6 Uses, Section 21-06.01 Principal Uses, subsection (g) Industrial, Manufacturing, & Processing, sub-subsection (5)(A)(i) Warehouse/Distribution Standards;Article 6 Uses, Section 21-06.01 Principal Uses, subsection (g) Industrial, Manufacturing, & Processing, sub-subsection (6)(A)(i)Waste Processing/Recycling Facility Standards;Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail & Service, sub-subsection (2)(A)(iii)Animal Care Establishment Standards;Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail & Service, sub-subsection (7)(A)(vii) Drive-Through Facility Standards;Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail & Service, sub-subsection 7)(A)(viii) Drive-Through Facility Standards;Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail & Service, sub-subsection (11)(A)(iv) Gas/Fuel Station Standards;Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail & Service, sub-subsection (11)(A)(v) Gas/Fuel Station Standards;Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail & Service, sub-subsection (17)(A)(i) Retail Service, Heavy Standards;Article 6 Uses, Section 21-06.01 Principal Uses, subsection k) Retail & Service, sub-subsection (17)(A)(ii) Retail & Service, Heavy Standards; Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail & Service, sub- subsection (18)(A)(iii) Self-Storage Facility Standards;Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail& Service, sub-subsection (21)(A)(viii)Vehicle Sales or Rental Standards;Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail & Service, sub-subsection (21)(A)(ix)Vehicle Sales or Rental Standards;Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail & Service, sub-subsection 22)(A)(iii)Vehicle Service, Major Standards; Article 6 Uses, Section 21-06.01 Principal Uses, subsection (1)Transportation, sub-subsection (4)(A)(i) Parking Lot Standards; Article 6 Uses, Section 21-06.01 Principal Uses, subsection (m) Utilities, sub-subsection 2)(A)(i) Utilities,Major Standards;Article 6 Uses, Section 21-06.01 Principal Uses, subsection (m) Utilities, sub-subsection (3)(A)(i) Utilities, Minor Standards;Article 6 Uses, Section 21-06.01 Principal Uses, subsection (m) Utilities, sub-subsection (4)(D)(vi) Wireless Communication Tower Standards;Article 6 Uses, Section 21-06.02 Accessory Uses and Structures, subsection (f)Accessory Use Definitions and Standards, sub- subsection (14)(A)(i) Mechanical Equipment Standards;Article 6 Uses, Section 21-06.02 Accessory Uses and Structures, subsection (f)Accessory Use Definitions and Standards, sub-subsection (25)(A)(i) Storage, Outdoor Standards;Article 7 Access & Parking, Section 21-07.04 Off-Street Loading, subsection (d)Design and Construction of Loading Areas, sub-subsection (4) Landscaping;Article 9 Site Development, Section 21-09.01 Landscape, subsection (p) Parking Lot Landscape, sub-subsection (2)(A) Parking Lot Screening;Article 9 Site Development, Section 21-09.01 Landscape, subsection (p) Parking Lot Landscape, sub-subsection (2)(B) Parking Lot Screening are hereby amended as follows: All in-text references to Section 21-09.0 l(n) are changed to Section 21-09.01(o). SECTION XIII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 6 Uses, Section 21-06.01 Principal Uses, subsection (j) Residential is hereby amended as follows: 1) Dwelling, Ancillary A) Standards: vii) A detached ancillary dwelling shall not be taller f.et than the building on the l t and shall meet all accessory height requirements of the applicable zoning district. SECTION XIV. Chapter 21, Zoning, of the South Bend Municipal Code,Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail& Services is hereby amended as follows: 7) Drive-Through Facility A) Standards: iLq A drive-through facility shall serve people on foot, bicycle, or other modes of transportation besides a motor vehicle during all hours of operation. This may be achieved through means such as a carryout counter, walk-up window, pickup outside of the primary building, or allowing non-motor vehicle users to utilize the drive-through lane. 15) Restaurant Q Standards: In a OF district, a restaurant exceeding 2,000 square feet shall require a special exception. SECTION XV. Chapter 21, Zoning, of the South Bend Municipal Code,Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail & Services, Drive-Through Layout diagram is hereby amended as follows: 1 Ya Ordering Pant- a e9 W B sp -- t Ordering Pant Waiting space j j ! j 3 ti o t j j o r I j r j 4--1n'min j j J : I j I I j N. I I I I I ' I 1 L .__ ..____, , I r i eu 6 j i r 9 k 7 a_ ems. -,-1,uG.,r:,_r.._ is;:" t L Street Street Drive-Through Layout Drive-Through Layout SECTION XVI. Chapter 21, Zoning, of the South Bend Municipal Code,Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k)Retail & Services, Gas fuel/station layout diagrams are hereby amended as follows: r Fuel Pump F Pump Canopy opy i 1 Type 1 Butter Parking Type 180er Tyne l T 1 Bolter L B t f Street Street a ,( =:stacu r yout for, urbc;r = :ram Gras/fuel station Layout for an urban location 1r Se'.6act M®Setback-;-\\ Pi-1;r- I I I1 k! r1 Irr l i i s ' 1 I v u ll Fuel Pump Canopy FPumpet Pup:mop. fr it 0 i 1 tti TypelButter 1 rye 1Butte,I 7 -------°-- -"--- '1-----r::' 2 1 :-. 7k-7.4",-.11:- .- -.34.-s.„1-1,; -1=34 I Street a:fiue!station!ayout for a suburban:octtion Gas/,fuel station layout far a suburban iocat!on SECTION XVII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail & Service, subsection (21)(A)(x) Vehicle Sales or Rental Standards;Article 7 Access & Parking, Section 21-07.03 Vehicle Access & Parking, subsection (e)(2) Design and Construction of Off-Street Vehicle Parking Areas, Landscape of Off-Street Parking Areas are hereby amended as follows: All in-text references to Section 21-09.01(o) are changed to Section 21-09.01(p). SECTION XVIII. Chapter 21, Zoning, of the South Bend Municipal Code,Article 6 Uses, Section 21-06.01 Principal Uses, subsection (1)Transportation is hereby amended as follows: 4) Parking Lot A non-accessory parking lot for the storage of motor vehicles made available to the general public, with or without a fee. Parking lots serving a permitted use located on an adjacent lot or a lot o tea from the s„b;ect loth ya street et-alley no greater than 250 feet from the subject lot shall be considered as accessory parking lots. Includes parking structures, whether underground, at ground level, or above ground level, in which more than 50 percent of the gross floor area is used for parking vehicles. SECTION XIX. Chapter 21, Zoning, of the South Bend Municipal Code,Article 6 Uses, Section 21-06.02 Accessory Uses and Structures, subsection (f)Accessory Use Definitions and Standards is hereby amended as follows: 14) Mechanical Equipment A) Standards: iii) Vents, air conditioners, and utility meters, except where such elements are enclosed, camouflaged, screened, obscured, or otherwise not visible from the street, are prohibited as part of a front or corner facade. iii)(iv) SECTION XX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.02 Accessory Uses and Structures, subsection (f)Accessory Use Definitions and Standards is hereby amended as follows: 27) Trash and Recycling Containers A) Standards: iv) Building foundation landscape, designed per Section 21- 09.01(- , shall be installed along any sides of the enclosure not screened by a building. SECTION XXI. Chapter 21, Zoning, of the South Bend Municipal Code,Article 6 Uses, Section 21-06.02 Accessory Uses and Structures, subsection (f)Accessory Use Definitions and Standards, sub-subsection (27),Trash and Recycling Containers is hereby amended by adding a diagram as follows: Building— i foundation 1 i landscape i i Solid wall.similar i X in design and J. materials ti: '1 • 4? ro'di A. Opaque screen11111° x o gate;Doors to A • % E E remain closed p o D O Impervious surface Trash enclosure design SECTION XXII. Chapter 21, Zoning, of the South Bend Municipal Code,Article 7 Access & Parking, Section 21-07.03 Vehicle Access & Parking, subsection (i) Commercial and Recreational Vehicles is hereby amended as follows: 1) Large Vehicles.No tractor, trailer, tractor-trailer combination, or vehicle including but not limited to a tow truck, dump truck, flatbed truck, semi- trailer, and the like) equal to or in excess of one and one half(1 'h)tons capacity, or which has a bed more than 8 feet long, may not be parked on any land or premises except in an OS, U, C, or I district. However, the foregoing shall not apply to hyou vehicles used for he transportation efsxhool• hila a f.a l t„ and f a school red activity related to the following uses: School, Pre-K/Primary/Secondary; Group Residence, State Regulated; Residential Care Facility; and Day Care Center. SECTION XXIII. Chapter 21, Zoning, of the South Bend Municipal Code,Article 8 Building Standards, Section 21-08.01 Building Standards, subsection (e) Building Materials for New Construction—Front and Corner Facades is hereby amended as follows: 9) In a NC or DT district, the f ll additio ^l •rations appl A) Vinyl siding is prohibited. B) Vents, air conditioners, and other utility elements, except where such bl from the Street are-pfehibited-as-paFt-ef-a-frent-er-eer-ner SECTION XXIV. Chapter 21, Zoning, of the South Bend Municipal Code,Article 8 Building Standards, Section 21-08.02 Building Types, subsection (d) Carriage House is hereby amended as follows: 3) Building pe Standards Allowed Frontage Types! Building frontages are only required on facades facing a street or open space. SECTION XXV. Chapter 21,Zoning,of the South Bend Municipal Code,Article 8 Building Standards, Section 21-08.02 Building Types, subsection (I) Cottage Court is hereby amended as follows: 3) Building Type Standards Lot Requirements If a cottage court is subdivided into multiple lots, each lot shall front onto the open space and meet the building coverage requirements of the applicable zoning district. SECTION XXVI. Chapter 21, Zoning, of the South Bend Municipal Code,Article 8 Building Standards, Section 21-08.02 Building Types, subsection (h)Townhouse is hereby amended as follows: 3) Building Type Standards Building Dimensions Building Width (total of all attached Townhouses) U2 district 4 units max.;OF 72' max. All other districts 8 units max.;OF 168' max. SECTION XXVII. Chapter 21, Zoning, of the South Bend Municipal Code,Article 8 Building Standards, Section 21-08.02 Building Types, subsection (i)Apartment House is hereby amended as follows: 3) Building Type Standards Building Dimensions Building Width U2 district 48' max. if 1-2 stories 30' max. if 3 stories SECTION XXVIII. Chapter 21,Zoning, of the South Bend Municipal Code,Article 8 Building Standards, Section 21-08.02 Building Types, subsection (i)Apartment House, first Illustrative Examples image is hereby amended with a new image as follows: i.a. r a . 1 e l &. I w a Ali ar:; j ''' ice" '- '` y .. •_' ::: 1 nil IA:. SECTION XXIX. Chapter 21, Zoning, of the South Bend Municipal Code,Article 8 Building Standards, Section 21-08.03 Building Frontage Types,subsection (e) Gallery, Gallery diagram is hereby amended as follows: Jf 441.,,4r/ J SECTION XXX. Chapter 21, Zoning, of the South Bend Municipal Code,Article 8 Building Standards, Section 21-08.03 Building Frontage Types, subsection (e) Gallery, subsection (2) Frontage Standards table is hereby amended as follows: 2)Frontage Standards 2)Frontage Standards Dimension Dimensions Width.Clear b'min. 0 Width,Clear 8'min 0 Depth.Clear 6 min 0 Depth.Clear 6 min 0 Ground Floor Height Clear 8 ' . Q Ground Floor Height,Clear B'man. Q Height story rrax' 0 Standards A 2-story gallery rra'y be a ', -,. by the Zoning Administrator on stacked sinops,or mid-rise/towers. Galleries shall be supported from below by a porch.arcade. or other structure:or visually supported by brackets. Standards corbels,or beams along its full depth Galleries shalt be, .ported from below try a porch.arcade.In a NC or DT district'with a retail ground floor.a gallery or other stru or visually supported cry brackets.shall extend aver the sidewalk with approval of the Board corbels.or ..MG along its fall depth, of Public Works. In a N- , CT district'xnth a'eta l ground floor a gallery tend over the sidewalk with approval of the Board Public Works. SECTION XXXI. Chapter 21, Zoning, of the South Bend Municipal Code,Article 9 Site Development, Section 21-09.01 Landscape, subsection (p) Parking Lot Landscape, Parking Drive Landscape diagram is hereby amended as follows: 1.- -- 609 14S." • 11% 1116. 10--..., ........Lo-----, ,41 Attached Dtaellang Attached PittlIng stop 441%, 7 ..-* Lfrlit wth earage yClieei,"0111.-- Driveway No,4. so , 1/4 mr tzth alrage 046 e.- L.!.n c. Orme Lanctcape SECTION XXXII. Chapter 21, Zoning, of the South Bend Municipal Code,Article 9 Site Development, Section 21-09.04 Outdoor Lighting, subsection (c) Exempt is hereby amended as follows: 1) Residential Buildings of up to 4 Units. All outdoor light fixtures used for the illumination of personal property, provided that such outdoor light fixtures shall meet the maximum allowable light levels permitted by Section 21- 09.04(f) and the maximum color temperature permitted by Section 21- 09.04(i)(2). SECTION XXXIII. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 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 2026, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2026,at o'clock m. James Mueller, Mayor City of South Bend, Indiana