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HomeMy WebLinkAbout29-26 Amending the Zoning Ordinance for Property Located at 4101 South Main Street and 4115 South Main Street PLAN co City Hall ,:z'/ City o f South Bend 215 S. Martin Luther King, Jr. Blvd. Suite 500 9,I * South Bend,IN 46601 PLAN COMMISSION (574) 235-7627 www.southbendin.gov/zoning F''ARLISHED 2�.. June 2, 2026 Filed in Clerk's Office Honorable Committee Chair Davis Third Floor, County-City Building Jun 2, 2026 South Bend, IN 46601 Bianca Tirade City Clerk. South Bend, IN RE: 4101 and 4115 S. Main Street— PC#0310-26 Dear Committee Chair Davis: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced locations. Please include the attached Ordinance on the Council agenda for first reading at your June 8, 2026, Council meeting, and set it for public hearing at your June 22, 2026,Council meeting. The petition is tentatively scheduled for public hearing at the June 15, 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. The petitioner provided the following to describe the proposed project: The petitioner intends to build a commercial flex building with multiple workshop type spaces to be rented out individually. This use would be considered a mix of Retail & Service, General and Artisan Industrial which would require a rezoning from Suburban Neighborhood (S1) to Commercial (C). If you have any questions, please feel free to contact our office. Sincerely, Brian Killen Zoning Administrator CC: Bob Palmer Tim Corcoran Brian Killen Francisco Fotia Planning Director Zoning Administrator Commission President Filed in Clerk's Office Jun 2, 2026 BILL NO.29-26 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 4101 S.MAIN ST. AND 4115 S. MAIN ST.COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to rezone these properties from Suburban Neighborhood(S 1)to Commercial (C) 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: 4101 S. MAIN ST. (Parcel ID 023-1025-1420)-- Lot 154 Chippewa His 3rd Plat Myers& Funks Ex pts sold for Street; and 4115 S.MAIN ST. (Parcel ID 023-1025-1421)-- Lot 155 Chippewa Hts 3rd Plat Myers& Funks Ex pts sold for street. be and the same is hereby established as Commercial (C) SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(0(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth 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 - Monday, May 18,2026 Zoning Application City of South Bend What are you filing for? Rezoning Who will need to approve? Plan Commission Property Owner and Property Information Property owner name: DEBUYSSER RIC ALAN &JANET ALICE REVOCABLE TRUST& AS TRUSTEES Phone number: (574) 520-7359 Email: nflickner@gowightman.com Project address: 4101 and 4115, South Main St South Bend Would you like to add additional No property owners? The legal description can be found by visiting this map and typing in the address for the property. In the "Parcel" layer,the legal description is categorized as "LEGALDESCR." The legal description can be found by visiting this map and typing in the address for the property. In the "Parcel" layer,the legal description is categorized as"LEGALDESCR." Tax key number (more information 023-1025-1420, 023-1025-1421 about tax key numbers can be found below): The tax key(s)/parcel ID(s) can be found by visiting this map and typing in the address for the property. In the"Parcel" layer,the tax key/parcel ID is categorized as "PARCELID." Will someone other than the property Yes;someone else will be representing this petition on owner be the main point of contact my behalf and representative for this petition? Representative name: Nathan Flickner Phone number: (574) 520-7359 Email: nflickner@gowightman.com Mailing address: 1402 E. Mishawaka Ave South Bend, IN,46615 Terms and Conditions Accepted Variance 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: Special Exception 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: Rezoning Project Summary: Would like to rezone from S1 to C for a self storage Current District(s): S1 Suburban Neighborhood 1 Proposed District(s): C Commercial Upload a site plan to scale indicating scale used (for example 1 in. on a Barbie Street Flex Space Development....pdf printer paper = 20ft. in real life or 1 square on graph paper = 5ft. in real life). Include property lines and all structures. 2 Subdivison Annexation Use Variance A Use Variance 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: Terms and Conditions Terms and Conditions Accepted Terms and Conditions Accepted Terms and Conditions Accepted By typing my name in the boxes below, I agree that I'm electronically signing this form. I affirm that the information that I've provided is accurate and true to the best of my knowledge. I understand that my electronic signature is legally binding and equivalent to my handwritten signature. Name: Nathan Flickner Date Monday, May 18, 2026 00:00 3 BARBIE STREET FLEX SPACE DEVELOPMENT SOUTH BEND, INDIANA __- 10 BUILDING SETBgCN LINE , . i r-,-, , . ,.... I I fl , _. , i 1, 1 ) 9P5409•KlEC Lf1JJLi z. > 1 I 1 ' {r <I Iz- 8 8 BUII DING SUE.23.775.( 7 0I 8 1' 1J9 w c Lg a.r 3.44➢-et Z9Q4s1 LANAILOU! 2. 1 t4o0 of 1.eoo•r -i * , I, .... w.W ... - --- — -1 - - -- a __ oz.I 1 1 - 15'BUILDING SETBACK LINE. - i r , 1 .. 1 t 1 -I N O CONCMEPTUALV SITE PLAN ;® CD CLIENT V1.1 I CONCEPTUAL SITE PLAN -u P PRELIMINARY- NOT FOR CONSTRUCTION r-- - i �pPLAN� City Hall s City of South Bend 215 S. Martin Luther King,Jr. Blvd. ° z Suite 500 PLAN COMMISSION South Bend,IN 46601 S�Aaus eoj0' (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office Tuesday,June 16,2026 Jun 16, 2026 South Bend Common Council Bianca Tirado 3rd Floor,City Hall City Clerk, South Bend, IN South Bend, IN 46601 Re: Bill#29-26-A proposed ordinance of DEBUYSSER RIC ALAN& JANET ALICE REVOCABLE TRUST&AS TRUSTEES to zone from S1 Suburban Neighborhood 1 to C Commercial,property located at 4101 MAIN ST and 4115 MAIN ST,City of South Bend-PC#0310-26 Dear Council Members: I hereby Certify that the above referenced ordinance of DEBUYSSER RIC ALAN&JANET ALICE REVOCABLE TRUST& AS TRUSTEES was legally advertised on June 5,2026 and that the South Bend Plan Commission at its public hearing on June 15,2026 took the following action: Upon a motion by Caitlin Stevens,being seconded by John Martinez and unanimously carried,a proposed ordinance of DEBUYSSER RIC ALAN&JANET ALICE REVOCABLE TRUST&AS TRUSTEES to zone from SI Suburban Neighborhood 1 to C Commercial,property located at 4101 MAIN ST and 4115 MAIN ST, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached.The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely. ",,?\A„,,,___ y?..z.„X„._ Brian Killen Zoning Administrator Attachment CC: Bob Palmer Tim Corcoran Brian Killen Francisco Fotia Planning Director Zoning Administrator Commission President Staff Report— PC#0310-26 June 15, 2026 Property Information Location: 4101 MAIN ST and 4115 MAIN ST Owner: DEBUYSSER RIC ALAN & JANET ALICE REVOCABLE TRUST &AS TRUSTEES Requested Action Rezone from S1 Suburban Neighborhood 1 to C Commercial Project Summary The petitioner intends to build a commercial flex building with multiple workshop type spaces to be rented out individually. Location Map r0 _ . 0 .act `� t-; i - _ 4 ' • : i-{ J •,w.,rm - __ IARRIFST - • \k 7-_----mr--- il\h t it' IN- U k------------T— L---',.; \ 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 1 of 4 (o N O N LA 4 (fl w O (V N BARBIE STREET FLEX SPACE DEVELOPMENT SOUTH BEND.INDIANA i - Ft £ - I I c' j , Z Fii cn N O 2 Op pp -o -_ O cfi / - x ;,fi;� _ CLIENT vit CONCEPTUAL SITE PLAN Z U Q CI- ea _ T~ PRELIMINARY-NOT FOR CONSTRUCTION -_ _ :==, a t a 0 0 m Z w sitFT) m IX a I ow I- D ea 0 U) o U) L a Staff Report -PC#0310-26 6/15/2026 Site & Context Land Uses and Zoning: On site: Undeveloped land zoned S1 Suburban Neighborhood 1 North: Undeveloped land zoned C Commercial East: An undeveloped parcel and a Funeral Services use zoned C Commercial South: An abandoned dwelling zoned S1 Suburban Neighborhood 1 West: An Entertainment/Recreation Facility, Indoor zoned C Commercial District Intent: The C District is established to provide a location for medium-to high-intensity commercial uses that are auto-oriented, typically located along major corridors at the fringe of the City or as small groupings located outside of neighborhood centers. Site Plan Description: The petitioner wishes to rezone these properties to C in order to construct a commercial flex building to be used by various tenants for the manufacture, storage, and/or sale of various products. Zoning and Land Use History and Trends: 4101 S. Main Street appears to have had some structures built on it in previous decades, but it was never the site of any significant development. Barbie Street was extended along its northern property boundary sometime between 2013 and 2015 on similarly undeveloped land. A house was built on 4115 S. Main Street sometime in the mid to late 1900s and was demolished sometime between 2021 and 2023. Traffic and Transportation Considerations: These properties are surrounded by streets on three sides: Lafayette Boulevard to the west, Barbie Street to the north, and S. Main Street to the east. Lafayette Boulevard is a 27' wide two- way street that runs north and south with one lane of traffic going in each direction; Barbie Street is a 26' wide two-way street that runs east and west with one lane of travel in each direction, although the road does expand in width near the intersection with S. Main Street to accommodate left-turn lanes; and S. Main Street is a 38' wide two-way street that runs north and south with one lane of travel in each direction and a center left-turn lane. Agency Comments Agency Comments: This property is only served by sewer off of S. Main Street. If the desire is to get sewer to the building from a different location, a sewer extension agreement would be required. 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, Policy ED 1.2 calls upon the city to "encourage reuse of abandoned and underutilized land and structures" for economic development. Land Use Plan: SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report-PC#0310-26 6/15/2026 In the 2006 comprehensive plan, the future land use map calls for this area to be largely a mix of commercial and industrial uses. These properties are located near the north end of a regional commercial node. Plan Implementation/Other Plans: N/A 2. Current Conditions and Character: These properties are surrounded by vacant, undeveloped land and one-story, car-oriented commercial structures. 3. Most Desirable Use: The most desirable use for these properties would be commercial development. 4. Conservation of Property Values: Rezoning these properties should not negatively affect their own property values, or the value of neighboring properties. This project will raise the values of the properties being rezoned, as a developed property will have a higher value than a vacant one. C also allows for more intense development than S1, meaning that the rezoning could allow for higher property values to be generated on site. 5. Responsible Development and Growth: Rezoning these properties to C aligns with the principles of responsible development and growth, as it will allow for more intense development on two vacant parcels bordered by streets with existing city utilities. Analysis & Recommendation Commitments: No commitments are proposed. Analysis: Commercial is the appropriate zoning district for these properties. Since both of them are currently vacant-- meaning that there is no existing use to guide their zoning -- it makes sense to look to adjacent properties and the local context for the right zone. All of the properties surrounding the site are already zoned Commercial because their layout and use align within the district's intent to provide a location for auto-oriented commercial development. Therefore, it makes sense to align the zoning of these two properties with those surrounding them, especially since the proposed development would similarly be an auto-oriented commercial use. 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