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Home My WebLink About04-27-2026 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 23, 2026 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, April 27, 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/042726CC 5:00 P.M. PUBLIC WORKS & PROPERTY VACATION CHAIRPERSON, GOODEN-RODGERS 1. Bill No. 20-26 - Alley Vacation - Western Half of the Unimproved North/South Right-of-Way North of Calvert and Immediately East of 2801 West Calvert 5:15 P.M. ZONING & ANNEXATION CHAIRPERSON, DR. DAVIS 1. Bill No. 19-26 - Amending the Zoning Ordinance for the Unaddressed Parcels at the Southern Terminus of South Glen Street and South Dorothy Street 2. Bill No. 21-26 - Amendment 7.5 - Amending Chapters 3, 4, 6, 13, 14, and 17 of the South Bend Municipal Code to Align With Zoning Chapter 21 3. Bill No. 22-26 - Amendment 8 - 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 5:45 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WARNER 1. Bill No. 26-12 - Confirming Resolution - Real Property Tax Abatement for Wharf Partners LLC Council President Canneth Lee has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Community Investment Committee Meeting. 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 INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, C. LEE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment 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 27, 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/SBCC042726 1. INVOCATION RABBI YOSEF CHAIM DANZIGER | HEBREW ORTHODOX CONGREGATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES APRIL 13, 2026 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES SMALL BUSINESS ASSISTANCE SUITE – KAY FARLOW 7. COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 19-26 PUBLIC HEARING 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 2 20-26 PUBLIC HEARING 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 PUBLIC HEARING 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 22-26 PUBLIC HEARING 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 8. BILLS ON THIRD READING TIME:______ BILL NO. 19-26 THIRD 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 THIRD 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 THIRD 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 22-26 THIRD 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 3 9. RESOLUTIONS BILL NO. 26-12 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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. 23-26 FIRST 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 2525 BERTRAND STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 24-26 FIRST 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 1110 NORTH HUEY STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 25-26 FIRST 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 505 BLAINE STREET AND 507 BLAINE STREET COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ 4 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 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 56,r _rie \-)c-ek r. --7L-7‘.....)-2. 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MartinLutherKing,Jr. Blvd. iZ Suite 500 1 PLAN COMMISSION South Bend,IN 46601 574)235-7627 www.southbendin.gov/zoning Wednesday,April 22,2026 Filed in Clerk's Office South Bend Common Council Apr 22. 2026 3rd Floor,City Hall Bianca Tirado South Bend, IN 46601 City Clerk_ South Bend. IN Re: Bill#19-26-A proposed ordinance of CITY OF SOUTH BEND INDIANA FOR DEPARTMENT OF PUBLIC PARKS to zone from S 1 Suburban Neighborhood 1 to OS Open Space,property located at 0 GLEN and 0 GLEN and 0 DOROTHY and 0 GLEN and 0 GERTRUDE ST, City of South Bend-PC# 0302-26 Dear Council Members: I hereby Certify that the above referenced ordinance of CITY OF SOUTH BEND INDIANA FOR DEPARTMENT OF PUBLIC PARKS was legally advertised on April 10,2026 and that the South Bend Plan Commission at its public hearing on April 20,2026 took the following action: Upon a motion by John Martinez,being seconded by Rebecca Plantz and unanimously carried,a proposed ordinance of CITY OF SOUTH BEND INDIANA FOR DEPARTMENT OF PUBLIC PARKS to zone from SI Suburban Neighborhood 1 to OS Open Space,property located at 0 GLEN and 0 GLEN and 0 DOROTHY and 0 GLEN and 0 GERTRUDE ST,City of South Bend is TABLED. The staff report is attached.The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely. Brian Killen Zoning Administrator Attachment CC: CITY OF SOUTH BEND INDIANA FOR DEPARTMENT OF PUBLIC PARKS Bob Palmer Tim Corcoran Brian Killen Francisco Fotia Planning Director Zoning Administrator Commission President Staff Report— PC#0302-26 April 20, 2026 Property Information Location: Unaddressed parcels at the southern terminus of S. Glen Street and S. Dorothy Street 0 GLEN and 0 GLEN and 0 DOROTHY and 0 GLEN and 0 GERTRUDE Owner: CITY OF SOUTH BEND INDIANA FOR DEPARTMENT OF PUBLIC PARKS Requested Action Rezone from S1 Suburban Neighborhood 1 to OS Open Space Project Summary The City of South Bend Venues 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. Location Map au S1 11 J A.." S1 r U1igto S1 S1 r, S1 U1 r' U1_ t f S1 u1 1 ll1 , . . 1r 14r U 1. r i s -^*,, RUM VI t S 1 1 Li ULAGE DR S1 S1Li rA Hi'V U1 in Si U1 o U1 I-A ...L 1 if ul yam I 4--.. ,D Suburban 1 to DS Open y. Space Fr 1. SOUTH BEND PLAN COMMISSION Page 1 of 5 Staff Report -PC#0302-26 4/20/2026 Proposed Site Plan RUM VILLAGE PARK.GERTRUDE STREET MINOR SUBDIVISION suemelDN LEGAL 0t-scNv*xN1 Avert of mF NoanuerO FAOr SECTIONa TOWNSINNI,NO.,MAW LMT. itIt 1. hgnIt am. m....am...ow owners CERTIFICATION w.....,.. ar,,.,...._.,e.r..... III, o...?.w..... "• r•.==.•:•'er,•.••••:•=••• i,A... NOTARY P1AUCCOfTIFKATI; PANClL mENTFICATON Irt. fleet CUMIN*ICAIx)N v..n... ..-.. a Tn......,..,r.'.. v,.....a..... e= i e.e,. LOT1 SURVEYOR'S CERTFN:AIE CQRWCATB OF APPROVAL: I I i r. COSS VENUES.PARKS A ARTS oKO NIUI Ma SouT. ND R.41 LEGEND y CRVOF BOUTM BEND NONN.. n......c.wa "' 91K= A ^DEPARTMENT OF PUBLIC PARKS' AOUTM BExD.INDWN 4 ' I x xcwP Recommendation Staff Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report-PC#0302-26 4/20/2026 Site & Context Land Uses and Zoning: On site: Park land zoned S1 Suburban Neighborhood 1 North: Undeveloped forest zoned S1 Suburban Neighborhood 1 East: One unit dwellings zoned U1 Urban Neighborhood 1 South: Park land zoned OS Open Space West: Undeveloped forest zoned S1 Suburban Neighborhood 1 District Intent: The OS District is established to promote the development of a range of public shared open spaces dispersed through the City. Site Plan Description: These properties are part of Rum Village Park. The petitioner wishes to rezone these properties to bring them under the same zoning designation as the rest of the park. Zoning and Land Use History and Trends: The land appears to have been cleared and reforested a few times since the early-to-mid 1900s, but has never been formally developed and has been forested since about the 1980s. Traffic and Transportation Considerations: The properties cannot be accessed directly by a vehicle, as they are internal to a large park. They can be accessed by foot and potentially by bicycle. Users can get to these properties by first passing through the property to the south, which is located on S Gertrude St. This is a 27' wide two-way street that runs north and south with one lane of traffic going in each direction. Agency Comments Agency Comments: No comments at this time. Staff Comments: No additional comments at this time. Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: In the city's comprehensive plan, Objective LU 8 calls upon the city to "preserve green space land uses." More specifically, policy LU 8.2 says to "encourage the retention of open spaces for recreational purposes." Land Use Plan: These properties fall within the Rum Village neighborhood. In the 2022 neighborhood plan, the future zoning map shows them as remaining S1. Plan Implementation/Other Plans: Strategy 2.4 in the Rum Village neighborhood plan outlines a plan to "complete park improvements following a park master planning process," which is currently being implemented by the city's Venues, Parks, and Arts department. 2. Current Conditions and Character: These properties are surrounded by undeveloped, forested park land to the south, west, and north. To the east, there are one-story residential structures fronting on S Gertrude St. SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report-PC#0302-26 4/20/2026 3. Most Desirable Use: The most desirable use for these properties would be to maintain them as city-owned park land. 4. Conservation of Property Values: Rezoning these properties to OS should not significantly affect their property values or those of neighboring properties. The primary goal behind rezoning these properties is simply to bring them under the same zoning designation as the rest of Rum Village Park, which is already zoned as OS. 5. Responsible Development and Growth: No development is being proposed on these properties. Analysis & Recommendation Commitments: No commitments are proposed. Analysis: Although the Rum Village neighborhood plan calls for these properties to remain S1 in the future zoning map, a rezoning to OS also makes sense. These properties are part of the city- owned Rum Village Park and will be staying as such. Also, the rest of the park is already zoned as OS. Therefore, it makes sense to bring these properties under the same zoning designation as the rest of the park. Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 4 of 4 Staff Report— PC#0302-26 April 20, 2026 Property Information Subdivision Name: Rum Village Park - Gertrude Street Minor Subdivision Location: Unaddressed parcels at the southern terminus of S. Glen Street and S. Dorothy Street - 0 GLEN and 0 GLEN and 0 DOROTHY and 0 GLEN and 0 GERTRUDE Requested Action The total area of the subdivision is 44.13 acres and will consist of 1 building lot. Location Map aM,,. •:. ,dam ,, . * o X as • y • e -- El r • a m... Q Zoning DINA=(s*saWe 01r01Q020) 0 - L s, ® . tea, it.NO A,J F tk idpiFa ,Mt; 'rig o Recommendation Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted approval. SOUTH BEND PLAN COMMISSION Page 1 of 3 rn LO 0-00 N1 0 csi NI 0t...0al 0. CD NI SUBDIVISION LEIAAL RUM VILLAGE PARK-GERTRUDE STREET MINOR SUBDIVISION DESCRPTION . 14 7*".'1'...!IrrtZr=7."'::"..."T477417:77F72:"..'s".1"r"i="47i"''''' F"."' irio A ILIZT OF TOE NORTHEAST WART.OF BECTON TT TOOLOTTO IT NM.RANGE 2 EAST. PORTAGE TOORMOOT ST MOWN ITCUTITY*Mom Cl. 4:t E LT%gar"o's7T:girl:4E4:417.fiEFT 1E4a aii EFT F'...74:Z'I : I res-T=VT:=XTeai."'.::gra=o7X:=FrrrioTr's v=fia' DEED OF DEDICATION 17.77-s'iT.r=1"z=":74:-.^'L'ir?"%:VMSTi=3":'''7•74"7",": I I 11.74...47-'411`4%".r...=,.'",M=VI.F=...T:!.!;`......-........, ir:4'..:1^.4=7::::,`'rX°'''''''::••"?.."'"':'1'°:::•.„....-I"="'""::, 4",f====ArOMPISUBOMINT. r: 44.............................„......44.4............-.. 44.......4„.......„4„.................44...........„,..- . m...........................,.....................*...........• e i 04',Arc,=.1.7,==..31."'"`"'""'•""""°""'"'' NOTEN OWNER./CERTIFICATION 4444444. 444 444,4,4444444,4444444,4 4 "".' 4.4 44•' 2.00.X1.9 roc....n ova,0,11,T Mig3.141,,,InG10.11CI rom,'wooer onmo 7.*'''''''Irnr''''Z''''''Pr''''''''"''''''''''''''''''' L MC r. _Wee. .•'' 4 I I i MY." NOTARY PUEILIC CERTIFICATE AN PARCEL IDENTIFICATION STREET CLASSFICATION 4444444 4 4/. -4 Fr4-,47•=arwr- 1 LOT I 1 if t,, ......,............. .... L. SURVEYOR'S CERTIFICATE 1 i CERTIFICATE OF APPROVAL INABMIVAPPPORMSPARIPM=1""" VV VJ 1 Q-ZeiWv&- I i --- -----,----, t 4:240 0 1 ct)LD I NJ i 4 COSB VENUES,PARKS 6 ARTSICA)en d O 1 ET=TV!f 1020 HIGH FIRM 1:t 1 I SOUTH BEND,IN 400(11 LEGEND e cm OF SOUTH SEND,INSANE 2.19"' I DEPARTMENT OF PUBLIC PARKS 7"" 4CL00 I 9 I LI' VMP.ree.kanownwannv«.. Z.:7.° r via—NUM VILLAGE OETTOLUOL SMELT M i X-3334P t Z o CO a. a a) w E--, CC cn 4- 0 0 4- a. V) co o 1.. cf.)CL Staff Report — PC#0302-26 April 20, 2026 Project Details Environmental Data: A check of the Agency's maps indicates that no environmental hazard areas or wetlands are present. Drainage:No comments at this time. Rights-Of-Way: The rights-of-way are correct as shown. Utilities: The site will be served by Municipal Water and Municipal Sewer. Agency Comments:No comments at this time. Recommendation Staff Recommendation: The staff has reviewed this subdivision and finds it complies with the requirements for approval as specified by the South Bend Subdivision Control Ordinance. The staff therefore recommends that this subdivision be granted approval. SOI TH Ell\D PLAN COMMISSION P:wc 3 oE 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 e9LANco4, City Hall o 4rlZ City of South Bend 215 S. Martin Luther King,Jr. Blvd. Suite 500 PLAN COMMISSION South Bend,IN 46601 18LISHco c;. 574)235-7627 www.southbendin.gov/zoning Wednesday,April 22,2026 Filed in Clerk's Office South Bend Common Council Apr 22, 2026 3rd Floor,City Hall 13ianca Tirado South Bend,IN 46601 City Clerk. South Bend, IN Re: Bill#22-26-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,Text Amendment#8,City of South Bend-PC#0301-26 Dear Council Members: I hereby Certify that the above referenced ordinance was legally advertised on April 10,2026 and that the South Bend Plan Commission at its public hearing on April 20,2026 took the following action: Upon a motion by Dr. Oliver Davis,being seconded by Maureen Miller and unanimously carried,a proposed ordinance 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 is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached.The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, Brian Killen Zoning Administrator Attachment CC: Bob Palmer Tim Corcoran Brian Killen Francisco Fotia Planning Director Zoning Administrator Commission President Staff Report— PC#0301-26 April 20, 2026 Requested Action 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 Project Summary Text amendment#8 is being proposed to amend Chapter 21 of the South Bend Municipal Code to clarify, correct, or revise various sections to assist in development of a more vibrant and resilient community while improving the ease of use of the Zoning Ordinance. Analysis & Recommendation Analysis: Continuing to monitor and improve the Zoning Ordinance is vital to maintaining growth and development in a way that helps support economic growth and revitalizes neighborhoods. Since the last update to the zoning ordinance, various rules within it have been identified as overly restrictive, or as outdated and in need of modernization. For these reasons, staff recommends changing the ordinance to help streamline the development process and provide greater flexibility for developers; reduce the need for unnecessary variances from the code while not impacting the quality of development; and provide a number of updates that will bring the code up to date with current development trends. Additionally, there have been a number of typographical errors identified in the ordinance, as well as areas where further clarification is needed. Fixing these issues will improve understanding for users of the code. Recommendation: Based on the information available prior to the public hearing, the staff recommends the text amendment be approved as amended by Council. SOUTH BEND PLAN COMMISSION Page 1 of 1 CITY OF SOUTH BEND COMMUNITY INVESTMENT April 22, 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 Apr22,2026 Bianca I trauo Cny Ckrk South Iknd, I RE: Confirming Resolution: Mixed-Use Development Real Property Tax Abatement Petition for the Wharf Partners LLC Dear Council Member Warner, Please find enclosed the Confirming Resolution and Memorandum of Agreement for a mixed use development real property tax abatement for Wharf Partners LLC, an Indiana Limited Liability Company. The petitioner plans 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 in this project is $50,000,000. The project meets the qualifications for a six year (6) mixed-use development real property tax abatement. A representative from Wharf Partner LLC will be available to meet with the Committee on Monday, April 27, 2026. Should 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, <_) Erik Glavich / ....,_� Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT South Bend City Hall, Suite 500 215 S. Martin Luther King J r . Blvd. South Bend, IN 46601 p 574.235.9371 www.southbendin gov 26-12 Filed in Clerk's Office Apr 22, 2026 BILL NO. 26-12 Bianca Tirado City Clerk South Bend, IN RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as an Economic Revitalization Area for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated 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, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met; and WHEREAS, the Council adopted Declaratory Resolution No. 5168-26-25 on April 13, 2026. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana,as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for mixed-use development real property tax abatement only and shall expire on December 31, 2029. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for up to 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 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2- 100% Year 3 - 100% Year 4- 100% Year 5 - 100% Year 6- 100% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved 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 MEMORANDUM OF AGREEMENT MIXED-USE DEVELOPMENT REAL PROPERTY TAX ABATEMENT) This Memorandum of Agreement(the"Agreement")dated as of April 17,2026, serves as confirmation of a commitment by Wharf Partners LLC (the"Applicant"), pending an April 27, 2026, public hearing, to comply with the project description, job creation and retention (and associated wage rates and salaries) figures contained in its petition, Statement of Benefits, and attachments and this Agreement. 1. Property Associated with the Abatement and Responsibilities of the Applicant. At the time of this Agreement, the property is located at 312-318 E. Colfax Avenue, South Bend, Indiana 46617, and has Key Numbers 71-08-12-130-011.000-026 and 71-08-12-130-002.000-026. Throughout the duration of the abatement, the Applicant shall promptly report any changes in the addresses or Key Numbers of the property receiving the abatement to the Department of Community Investment and to the Office of the City Clerk. Moreover, the Applicant also shall report any material changes or improvements made to the property subject to the abatement including changes as the result of subdividing,replatting,or otherwise. The Applicant agrees that failure to promptly report changes can result in a finding of noncompliance on behalf of the Applicant under the commitments of this Agreement. 2. Commitments of City and Applicant. Subject to the adoption of a Declaratory Resolution and a Confirmatory Resolution by the South Bend Common Council (the "SBCC"), the City of South Bend,Indiana(the"City"),commits to provide a six-year(6)mixed-use development real property tax abatement for the Applicant, based on the Applicant's commitment set forth in its Application. The Applicant commits to the following(the"Commitments"): a) at property identified in Section 1 of this Agreement, making total combined real property expenditures of not less than Fifty Million Dollars ($50,000,000.00) for the construction of a new mixed-use building consisting of approximately one hundred twelve thousand (112,000) square feet, which includes approximately thirty thousand (30,000) square feet of commercial space and no fewer than twenty-two (22) for-sale residential condominium units; b) creating and maintaining not fewer than fifteen (15) permanent full-time jobs with a total estimated annual payroll of not less than Seven Hundred Fifty Thousand Dollars ($750,000.00); and c)acting in good faith to complete the project as described in its Application. 3. Applicability of Abatement to Residential Condominium Units. Notwithstanding anything herein to the contrary,the mixed-use development real property tax abatement provided under this Agreement shall apply to a residential condominium unit only during such time as that individual residential condominium unit is owned by the Applicant and is not leased, rented, or otherwise occupied by a tenant. Upon the sale, conveyance, transfer, leasing, or rental of any residential 1 condominium unit to a third party, such unit shall no longer be eligible for, nor receive the benefit of, any real property tax abatement under this Agreement for the assessment year and corresponding tax year in which such sale,conveyance,transfer,lease,or rental occurs,regardless of the date within such year on which the transaction occurs, and from and after any subsequent assessment years and tax years thereafter. The Applicant shall be responsible for notifying the Department of Community Investment and the Office of the Auditor of St. Joseph County within thirty (30) days of any change in ownership or occupancy status of any residential condominium unit that may affect eligibility for the abatement. The Applicant acknowledges that failure to provide such notice may constitute noncompliance with the commitments of this Agreement and termination of the Economic Revitalization Area designation and associated property tax abatement deductions as contemplated in Section 5. 4. Applicant's Compliance with City and State Laws. During the term of the abatement, the Applicant shall comply with Chapter 2,Article 6,of the South Bend Municipal Code,entitled"Tax Abatement Procedures,"and all governing provisions of the Indiana Code. During the term of this abatement, the City may annually request information from the Applicant concerning the nature of the Project,the approved capital expenditure of the Project, the number of full-time permanent positions newly created by the Project,and the average wage rates and salaries(excluding benefits and overtime)associated with the positions,and the Applicant shall provide the City with adequate written evidence thereof within fifteen(15)days of such request(the"Annual Survey"). The City shall utilize this information and the information required to be filed by the Applicant in the CF-1 Compliance with the Statement of Benefits form to verify that the Applicant has at all times complied with the Commitments after the Commitment Date and during the duration of the abatement and for no other purpose. The Applicant further agrees to provide the City with such additional information as requested by the City to determine Applicant's compliance with the Commitments and with local and state requirements within twenty (20) days following any such request.Notwithstanding anything herein to the contrary,the Applicant acknowledges that the City may be required to disclose certain documents provided by the Applicant as required by a court order or applicable law. 5. Substantial Compliance and Rights of Termination. The City, by and through the SBCC, reserves the right to terminate the Economic Revitalization Area designation and associated property tax abatement deductions if it reasonably determines that the Applicant has not made reasonable efforts to substantially comply with all the Commitments, as defined in Section 2 and 3 of this Agreement, and the Applicant's failure to substantially comply with the Commitments was not due to factors beyond its reasonable control, as described in Section 6 below. 6. Factors Beyond Control. As used in this Agreement, factors beyond the control of the Applicant shall only include factors not reasonably foreseeable at the time of designation application and submission of Statement of Benefits which are not caused by any act or omission of the Applicant, and which materially and adversely affect the ability of the Applicant to substantially comply with this Agreement. Applicant has the burden to communicate to the City any such factors in which it believes is beyond its control and impacting its ability to fulfill the terms of this Agreement or any tax abatement benefit provided to the City. The City reserves the 2 right to investigate the factors cited by Applicant under this Section 6 to the fullest extent possible and may deny Applicant's request upon the completion of the City's investigation. 7. Repayment of Tax Abatement Savings. If at any time during the term of this Agreement the Applicant shall: (a) be delinquent or in default with respect to any tax payment in St. Joseph County, Indiana; or (b) cease operations at the facility for which the tax abatement was granted; or (c) announce the cessation of operations at such facility, then the City may immediately terminate the Economic Revitalization Area designation and associated tax abatement deductions, and upon such termination, require Applicant to repay all of the tax abatement savings received through the date of such termination. 8. Notice/Hearing of Termination. In the event that the City determines that the Economic Revitalization Area designation and associated tax abatement deductions should be terminated or that all or a portion of the tax abatement savings should be repaid, it will give the Applicant notice of such determination, including a written statement calculating the amount due from the Applicant, and will provide the Applicant with an opportunity to meet with the City's designated representatives to show cause why the abatement should not be terminated and/or the tax savings repaid. Such notice shall state the names of the person with whom the Applicant may meet and will provide that the Applicant shall have thirty (30) days from the date of such notice to arrange such meeting and to provide its evidence concerning why the abatement termination and/or tax savings repayment should not occur. If, after giving such notice and receiving such evidence, if any,the City determines that the abatement termination and/or the tax repayment action is proper, the Applicant shall be provided with written notice and a hearing before the SBCC before any final action shall be taken terminating the abatement and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination to a St. Joseph County Superior or Circuit Court. 9. Repayment. In the event the City requires repayment of the tax abatement savings as provided hereunder,it shall provide Applicant with a written statement calculating the amount due the"Statement"),and Applicant shall make such repayment to the City within one hundred twenty 120)days of the date of the Statement. If the Applicant does not make timely repayment,the City shall be entitled to all reasonable costs and attorneys' fees incurred in the enforcement of this Agreement and the collection of the tax abatement savings required to be repaid hereunder. 10. Modification/Entire Agreement. This Agreement and the schedules attached hereto as Exhibit A contain the entire understanding between the City and the Applicant with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, inducements, and conditions, expressed or implied, oral, or written, except as herein contained. This Agreement may not be modified or amended other than by an agreement in writing signed by the City and the Applicant. The Applicant understands that any and all filings required to be made or actions required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant. 3 11. Waivers. Neither the failure nor any delay on the part of the City to exercise any right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the same or of any other right, remedy, power, or privilege with respect to any occurrence or be construed as a waiver of such right, remedy, power, or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 12. Notices. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or by facsimile(with confirmation by registered or certified mail)or on the third business day following the mailing,by registered or certified mail,postage prepaid,return receipt requested, thereof, addressed as set forth below: If to Applicant: Wharf Partners LLC P.O. Box South Bend,Indiana 46624 Attn: Frank Perri If to the City:City of South Bend, Indiana 215 S. Dr. Martin Luther King Jr. Boulevard Suite 500 South Bend, Indiana 46601 Attn: Executive Director of Community Investment 13. Governing Laws of Indiana. This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by the laws and decisions of the courts of the State of Indiana. 14. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of the Courts of the State of Indiana and of the St. Joseph County Circuit or Superior Court in connection with any action or proceeding arising out of or relating to this Agreement or any documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall be brought in such County and in such Court. 15. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit of the City and the Applicant and their successors and assigns,except (a)that no party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party hereto, in which consent shall not be unreasonably withheld, and (b) Applicant may assign and transfer its rights under this Agreement to the Permitted Assign without prior written consent. "Permitted Assign" means the affiliated single purpose entity created for purposes of designing, constructing, owning, operating, and maintaining the project which is the subject of this Agreement. 4 16. Valid and Binding Agreement. This Agreement may be executed in any number of counterparts,each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. By executing this Agreement, each person so executing affirms that he has been duly authorized to execute this Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation of the party. 17. Severability. The provisions of this Agreement and of each section or other subdivision herein are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby. 18. No Personal Liability. No official, director, officer, employee, or agent of the City shall be charged personally by the Applicant,its employees,or its agents with any liabilities or expenses of defense or be held personally liable to the Applicant under any term or provision of this Agreement or because of the execution by such party of this Agreement or because of any default by such party hereunder. Remainder of page intentionally blank.] 5 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. Applicant" City" Wharf Partners LLC City of South Bend, Indiana ijsi .---By: By: Frank Perri Canneth Lee Manager President, South Bend Common Council Approved as to Legal Adequacy and Form this By: 21st day of April 2026. Troy Warner Chairperson, Community Investment Committee Counsel, South Bend Common Council Erik Glavich Department of Community Investment Counsel for Applicant By: James Mueller Mayor 6 EXHIBIT A Abatement Schedule Subject to the adoption by the SBCC of a resolution confirming the adoption of Declaratory Resolution No. 5168-26, the property owner is qualified for and is granted a mixed-use development real property tax abatement for a period of six (6) years as shown by the schedule outlined below. Year 1 - 100% Year 2- 100% Year 3 - 100% Year 4- 100% Year 5 - 100% Year 6- 100% 7 City of South Bend BOARD OF ZONING APPEALS April 22, 2026 Honorable Dr. Oliver Davis 3rd Floor, City Hall South Bend, IN 46601 RE: Special Exception 2525 Bertrand Street Dear Committee Chair Dr. Davis: Filed in Clerk's Office Apr 22, 2026 131anca I 1rado C11y CkrJ.. .·,,uth 13cntl, L 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 April 27, 2026, Council meeting and set it for public hearing at your May 11, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the May 4, 2026, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appe als 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 23-26 Filed in Clerk's Office Apr 22, 2026 BILL NO. 23-26 Bianca l ratio 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 2525 BERTRAND STREET COUNCILMANIC DISTRICT NO. 2 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: 2525 Bertrand 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 BOARD OF ZONING APPEALS Petition for Variance - Special Exception Property Information Tax Key Number: 018-2070-2588 c } 1_' Address: 2525 Bertrand st, South Bend 46628 Owner: Homey LLC Zoning: U1 Urban Neighborhood 1 El Project Summary: Construction of a two-unit stacked duplex on Bertrand, with proper setbacks, parking, and design compatible with surrounding homes. a 1a , p a 6 Requested Action O Special Exception—complete and attach Criteria for Decision Making Use requested: To build a stacked duplex Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents p Completed Application (including Criteria for Decision Making and Contact Information) 0 Site Plan drawn to scale 2 Filing Fee Criteria for Decision Making Species' Exx eptiion-ff.appticab/e 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 stacked duplex will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare because the project will comply with all applicable building codes, safety regulations, and zoning requirements. The property will include adequate parking and safe access from the street, ensuring that traffic flow and neighborhood safety are not negatively impacted. The development will maintain appropriate setbacks and design compatibility with surrounding residential properties, helping preserve the character of the neighborhood. Additionally, the project will contribute to the availability of quality housing in tha araa whiles maintaininn a cafes anri wall-maintainari nrnnartu that ci tnnnrtc 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed stacked duplex will not injure or adversely affect the use of adjacent properties or property values because the design and scale of the building are consistent with the surrounding neighborhood. Adequate setbacks, landscaping, and parking have been planned to minimize any impact on neighboring properties. The structure will be well-maintained and visually compatible with existing homes, preserving the aesthetic character of the area. By providing additional quality housing in a manner that complements the neighborhood, the project supports stable property values and the overall residential environment. 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 proposed stacked duplex will be consistent with the character of the district and the land uses authorized therein because the property is located in a residential zone that permits multi-family dwellings with appropriate approval. The building' s scale, design, and placement respect the surrounding neighborhood's density, architectural style, and lot patterns. The project integrates seamlessly with nearby homes, maintains proper setbacks, and provides sufficient parking, ensuring it aligns with the intended residential character and land use policies of the district. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed stacked duplex on Bertrand promotes orderly development and is consistent with the objectives of the Comprehensive Plan because it provides additional housing while maintaining the residential character of the neighborhood. The project makes efficient use of the lot without overcrowding, preserves open space and setbacks, and follows all applicable zoning and building requirements. By enhancing housing availability in a well-planned manner, the development supports sustainable growth and the long-term stability and welfare of the community. 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: Homey LLC Address: 2724 Trader Ct W, South Bend IN 46628 Name: Address: Name: Address: Contact Person: Name: Cynthia Mene Address: 2724 Trader Ct W, South Bend IN 46628 Phone Number: ( 202) 810-5742 E-mail: ad m i n@ ho m eyro sette.Co m 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: Gy l a Mc4.c Homey LLC 2724 Trader Ct W South Bend, IN 46628 Date: March 13, 2026 City of South Bend Board of Zoning Appeals 215 S. Dr. Martin Luther King Jr. Blvd South Bend,IN 46601 RE: Written Justification / Findings of Fact Project: Stacked Duplex—2525 Bertrand St, South Bend, IN 46628 Parcel Number: 71-08-03-381-010.000-026 1. Public Health, Safety,Comfort, and General Welfare The proposed stacked duplex is a pre-approved plan by the City of South Bend, and it complies with all building codes, safety regulations,and zoning requirements. Adequate off-street parking, safe access, and proper utility connections are provided. The design and scale are compatible with surrounding homes,ensuring no adverse impact on public health, safety,or community welfare. 2. Impact on Adjacent Properties and Property Values Setbacks, landscaping, and parking minimize impact on neighboring properties. The building's design and maintenance will preserve the character and value of adjacent homes. 3. Consistency with District Character and Authorized Land Uses The property is in a residential zone permitting multi-family dwellings with a special exception. The proposed duplex aligns with the district's character, maintaining appropriate scale, density, and architectural compatibility with surrounding homes. 4. Compliance with Comprehensive Plan and Orderly Development The project promotes orderly development by efficiently using the lot while preserving open space, setbacks,and neighborhood aesthetics. It adds quality housing consistent with community growth and stability goals. 5. Overall Justification The proposed stacked duplex provides additional housing without negatively affecting the neighborhood. It satisfies all criteria for a special exception and serves the public interest. Approval is reasonable and appropriate. Sincerely. Lk,.(Pet—' Cynthia Mene CEO, Homey LLC admin@homeyrosette.com i 202-810-5742 r- (7) (nO 7Z1 v m O r i? . 6 m O N _a • IVOcn 72 X N 0 a z130'0"Z N O ' X O N N N 00'02'00"E 130.00' 3 o oa•, 48'0" m Fri N CI) 9'SIDESETBACK z N u co vm Co41. 71 o CD o NN 23 co v 3)O O -4 N N x 0 0 2- CO 6 7 m9 9 rno m •cz w - o D D o zp N 6a U) o 0 0O o co c q z 9'SIDESETBACK 2 2 m a o 48'0" on o W S 00"02'00"W 130.00' z- o a 130'0"0 tv cn c C Q) IIv Co COm z v 0) City of South Bend BOARD OF ZONING APPEALS April 22, 2026 Honorable Dr. Oliver Davis 3rd Floor, City Hall South Bend, IN 46601 RE: Special Exception 1110 N Huey Street Dear Committee Chair Dr. Davis: Filed in Clerk' Office Apr22,2026 lliuni.:a I 1rad11 C11y Ckrk South lkml. 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 April 27, 2026, Council meeting and set it for public hearing at your May 11, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the May 4, 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 24-26 Filed in Clerk's Office Apr 22, 2026 BILL NO. 24-26 Bianca 1 irado 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 1110 N HUEY STREET COUNCILMANIC DISTRICT NO. 2 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: 1110 N Huey 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 S00, South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 71-08-03-253-011.000-026 Address: 1110 N. Huey, South Bend, IN 46628 Owner: A New Huey Properties LLC Zoning: U1 Urban Neighborhood 1 Project Summary: This project involves the conversion of an existing single-family residence into a two-unit dwelling. The proposed change will create one additional, self-contained one-bedroom residential unit within the structure, while maintaining the overall residential character and appearance of the property. Requested Actior Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested: 2-Unit Dwelling. Variance(s) - List variances below. complete and attach Criteria for Decision Making Variance(s) requested: NA Require Documents O Completed Application (including Criteria for Decision Making and Contact Information) Q Site Plan drawn to scale 111 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 proposed 2 unit dwelling will not be injurious to public health, safety, or general welfare because it will be constructed in full compliance with all applicable building codes, zoning regulations, and safety requirements established by the City of South Bend. The addition is designed to integrate seamlessly with the existing property and neighborhood, maintaining the character, comfort, and integrity of the surrounding community. Furthermore, the project will provide safe, quality housing while supporting responsible property use without negatively impacting traffic, noise levels, or community cfonriorrlc 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed use will not injure or adversely affect the use of adjacent properties or property values because it is consistent with the existing residential character of the neighborhood and maintains the scale and appearance of the surrounding homes. The addition is modest in size and will not create increased noise, traffic, or density that would negatively impact neighboring properties. By providing a well-maintained, code-compliant housing unit, the project supports neighborhood stability and can positively contribute to overall 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, because: The proposed 2 unit dwelling is consistent with the character of the district and permitted land uses because it maintains a residential use that is compatible with surrounding properties. The addition is modest in scale, integrated into the existing structure, and aligns with the intent of the zoning district to support stable, well-maintained residential development. It does not introduce any use or intensity that is out of character with the area. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed 2 unit dwelling is compatible with the recommendations of the Comprehensive Plan because it supports responsible infill development, efficient use of existing infrastructure, and the expansion of safe, quality housing within established neighborhoods. The project aligns with the City's goals of neighborhood stability, housing diversity, and sustainable community growth. 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: Address: Name: Address: Name: Address: Contact Person: Name: Dr. Consuella Hopkins Address: 2201 Lincolnway West, Suite 201 South Bend, IN 46628 Phone Number: 574 287 1040 anewhuey@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. 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II , 1II O r c e 7C 5 hi 0' 0 iiilo 6Eia3 ; m OII 4 11 8 ,4 ° N 4 p ' r € BUILDERS SET GL NM4 m • C) Z 3 HUEY HOUSE Nn d d! 0 pf A IBC O f '+ n Y 1110 HUEY ST.SOUTH BEND.IN Z m •• a. mlazuzeeslza NA Z City of South Bend BOARD OF ZONING APPEALS April 22, 2026 Honorable Dr. Oliver Davis 3rd Floor, City Hall South Bend, IN 46601 RE: Special Exception 505 Blaine Street and 507 Blaine Street Dear Committee Chair Dr. Davis: Filed in Clerk's Office Apr22,2026 131am:a I 1radn Cll\ Ckrh. South lknd. 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 April 27, 2026, Council meeting and set it for public hearing at your May 11, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the May 4, 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 25-26 Filed in Clerk's Office Apr 22, 2026 BILL NO. 25-26 Bianca i rao 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 505 BLAINE STREET AND 507 BLAINE 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: 505 Blaine Street and 507 Blaine 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 - Docusign Envelope ID:C8D741 E1-1790-889B-8342-32AFB81 BD8C3 2 1 5 S Dr. Martin Luther King Jr Blvd - Suitecityofsouthfiend500, South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number 018-1031-137201 & 018-1031-1372 Address: 505 & 507 Blaine Avenue, South Bend Indiana 46616 Owner: Affordable HomeMatters Indiana, LLC Zoning: U1 Urban Neighborhood 1 Project Summary: Affordable HomeMatters Indiana will build a new construction, duplex/two-unit townhome. Requested Action Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested:Duplex Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents 2 Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale 0 Filing Fee Docusign Envelope ID:C8D741E1-1790-889B-8342-32AFB81BD8C3 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 duplex/two-unit townhome will conform to the U-1 zoning ordinance and contextual setback requirements. The positioning of the structure allows for adequate space between the structure and the neighboring parcels. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed duplex/two-unit townhome is designed to complement the scale, appearance, and character of the surrounding neighborhood. By providing high-quality housing, the project will enhance neighborhood stability and contribute positively to area 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, because: The proposed duplex/two-unit townhome's elevations will deliver an aesthetically pleasing facade that fits with the existing character of the Lincoln Park neighborhood. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed duplex/two-unit townhome fulfills the Lincoln Park Revitalization Plan's recommendation to provide a variety of lower density housing choices and to develop the vacant lots in the neighborhood. Docusign Envelope ID:C8D741E1-1790-889B-8342-32AFB81BD8C3 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: Docusign Envelope ID:C8D741E1-1790-889B-8342-32AFB81BD8C3 Contact Information Property owner(s) of the petition site: Name: Affordable HomeMatters Indiana, LLC Address: 1704 Bellefontaine Street Indianapolis, IN 46202 Name: Address: Name: Address: Contact Person: Name: Bennett Bensman Address: 1704 Bellefontaine Street Indianapolis, IN 46202 Phone Number: 317-924-8116 E-mail: bbensman@intendindiana.org 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. 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