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HomeMy WebLinkAbout06-22-2026 Zoning and Annexation Committee MinutesOFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK ZONING AND ANNEXATION Committee Members Present: Committee Members Absent: Other Council Present: Others Present: Presenters: Agenda: JUNE 22, 2026, 4:20 P.M. Dr. Heidi Beidinger, Kay Farlow*, Stacey Odom, Rachel Tomas Morgan, Dr. Oliver Davis Karen L. White Sheila Niezgodski, Sherry Bolden-Simpson, Canneth Lee, Ophelia Gooden-Rodgers Bianca L. Tirado, Matthew Neal, Jasmine Jackson, Lari'onna Green, Veronica Pitt- Payne, Bob Palmer Brian Killen, Mark Dellostritto Bill No. 29-26 -Amending the Zoning Ordinance for Property Located at 4101 South Main Street and 4115 South Main Street Bill No. 30-26 -Amending the Zoning Ordinance for Various Properties Located on Scott Street, West Wayne Street, and Hoose Court (Substitute) Bill No. 32-26 -Amending the Zoning Ordinance for Property Located at Coal Line Trail at 1241 Riverside Drive Discussion -Ways to Establish a Dedicated Neighborhood Fund in the LaSalle Park Area INTEGRITY I SERVICE I ACCESSIBILITY Jasmine Jackson Q-rrEF D EPUfY OTY 0..ERK I Q-rrEF OF STAFF Matthevv cal D EPUfY OTY 0..ERK I DIRECTOR OF POLICY Veronica Pitt-Payne D IRECTOR OF SPEGAL PROJECTS EXCELLENCE I ACCOUNTABILITY / INNOVATION / INCLUSION I EMPOWERMENT 300 City Hall I215 S. Dr. Martin Luther King Jr. Blvd. I South Bend, Indiana 46601 I p. 57 4.235.9221 If. 574.235.9173 I www.southbendin.gov CITY OF SOlITH BEND I OFFICE OF THE CITY CLERK Members marked with an asterisk (*) are in virtual attendance via Microsoft Teams. Please note the attached link for the meeting recording: https :/ / docs.southbendin.gov /W ebLink/browse.aspx? dbid=0&mediaid=41003 7 Committee Chair Dr. Oliver Davis called to order the Zoning and Annexation Committee meeting at 4:25 P.M. Bill No. 29-26 -Amending the Zoning Ordinance for Property Located at 4101 South Main Street and 4115 South Main Street Brian Killen, Zoning Administrator, with offices on the fifth (5th) floor of City Hall, South Bend, IN 46601 , presented the bill. He said the petitioner is requesting to rezone two (2) parcels from suburban neighborhood one (Sl) to commercial (C). He showed a map of the surrounding area and explained that the area has evolved from residential to commercial over time. He said that rezoning the parcels would align with the commercial feel of the area, and all parcels are currently vacant. He said the property would be rented to small businesses as a work and storage "flex space". Nathan Flickner, Petitioner, 1402 East Mishawaka A venue, South Bend, IN 46615, said the last remaining residential structure on the S 1 parcels was demolished a few weeks ago. He said they intend to bring the property into compliance with all City codes and regulations for C-zoned properties. Committee Member Dr. Heidi Beidinger asked about the storage space. Nathan Flickner elaborated on the "flex space", which will be a storage unit with attached offices. He said contractors and similar businesses need storage space for their equipment as well as office space for administrative work. Committee Vice Chair Rachel Tomas Morgan asked if the project is speculative or if there is an intended occupant. Nathan Flickner said the project is not speculative and will move forward if the rezoning is approved. He confirmed there will be an occupant. Committee Chair Dr. Davis held the public hearing, and nobody spoke. Committee Member Dr. Beidinger moved to send Bill No. 29-26 to the Committee of the Whole with a favorable recommendation, which was seconded by Citizen Member Stacey Odom and carried by a vote of five (5) ayes with one (1 ) Committee Member absent. Committee Chair Dr. Oliver Davis -Aye Committee Vice Chair Rachel Tomas Morgan -Aye Committee Member Karen L. White -Absent Committee Member Dr. Heidi Beidinger -Aye Citizen Member Stacey Odom -Aye Citizen Member Kay Farlow -Aye EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 300 City Hall I215 S. Dr. Martin Luther King Jr. Blvd. I South Bend, Indiana 46601 Ip. 574.235.9221 If. 574.235.9173 1 www.southbendin.gov CITY OF SOUTH BEND I OFFICE OF THE CITY CLERK Bill No. 30-26 -Amending the Zoning Ordinance for Various Properties Located on Scott Street, West Wayne Street, and Hoose Court (Substitute) Committee Vice Chair Tomas Morgan moved to accept Substitute Bill No. 30-26, which was seconded by Committee Member Dr. Beidinger and carried by a vote of five (5) ayes with one ( 1) Committee Member absent. Committee Chair Dr. Oliver Davis -Aye Committee Vice Chair Rachel Tomas Morgan -Aye Committee Member Karen L. White -Absent Committee Member Dr. Heidi Beidinger -Aye Citizen Member Stacey Odom -Aye Citizen Member Kay Farlow -Aye Mark Dellostritto, Zoning Specialist, with offices on the fifth (5th) floor of City Hall, South Bend, IN 46601, presented the bill. He said the petitioner, South Bend Heritage, is seeking to rezone these parcels from urban neighborhood one (Ul) to urban neighborhood two (U2) to allow duplexes by-right. He noted that South Bend Heritage has already built a series of affordable duplexes on Ul-zoned parcels of West Wayne Street and Scott Street, and special exceptions were granted for each parcel. He explained that they are now planning to build five (5) more duplexes in the neighborhood, and rezoning all of their properties to U2 will allow them to proceed without seeking individual special exceptions for each parcel. He said the duplexes would fit contextually with the neighborhood, which is close to the downtown fringe and predominantly consists of low-density residential buildings. He said the Plan Commission sent the bill forward with a favorable recommendation, adding a proposal that South Bend Heritage provide a written commitment not to build any three (3)-or four ( 4)-unit dwellings on the parcels. He said the zoning team asks the Committee to send the bill forward without the written commitment requirement, noting that the neighborhood plan adopted in 2022 recommends a U2 zoning designation for these parcels. He said the petitioner does not intend to build any three (3)-or four ( 4)-unit dwellings, and a written commitment would add complexity to the rezoning process. He acknowledged that one (1) resident expressed concerns about parking and utilities infrastructure during the Plan Commission hearing. He said the zoning team believes there is sufficient street parking, and South Bend Heritage's previous projects demonstrate their ability to handle any potential utility challenges. Committee Chair Dr. Davis elaborated on the Plan Commission's proposal for a written commitment not to build three (3)-and four (4)-unit dwellings. He said the Plan Commission voted in overwhelming support of a written commitment following a lengthy discussion. He expressed surprise at the zoning team's decision to bring the bill forward without this requirement and asked for an explanation. Mark Dellostritto explained that concerns about water pressure and parking were cited as reasons to restrict three (3)-and four ( 4)-unit dwellings. He noted that rezonings have been previously approved in areas with similarly aged water infrastructure, and South Bend Heritage has successfully established utility service for their other parcels on this block. He said they do not EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 300 City Hall I215 S. Dr. Martin Luther King Jr. Blvd. I South Bend, Indiana 46601 Ip. 574.235.9221 If. 574.235.9173 1 www.southbendin.gov CITY OF SOUTH BEND I OFFICE OF THE CITY CLERK believe the streets are too narrow to accommodate street parking, noting that West Wayne Street is twenty-five (25) feet wide and a similar rezoning was previously approved for Turnock Street, which is twenty (20) feet wide. He stated that the petitioner will go through a public process regardless, either through the Board of Zoning Appeals (BZA) for special exceptions or the Plan Commission for rezoning. Committee Chair Dr. Davis said the Plan Commission discussed the option to go through BZA. He explained that this would require an individual decision for each parcel and filing them separately would be more expensive for the petitioner. He asked Council Attorney Bob Palmer if staff has the authority to remove written commitments that are recommended by an advisory board. Attorney Palmer stated that staff cannot remove an advisory board's recommendation for a written commitment. He said Council has the authority to do so. Committee Member Dr. Beidinger asked why the zoning team does not want the written commitment. Mark Dellostritto said it adds complexity to the process, and the zoning staff avoids written commitments whenever possible. Brian Killen added that the zoning team does not want to set a precedent of not following approved neighborhood plans. He said low water pressure can be mitigated through engineering. Committee Member Dr. Beidinger said the intention of the written commitment seems to be to ensure there are not more housing units than the infrastructure can support. Brian Killen said the petitioner has no plans to build three (3)-and four ( 4)-unit apartment homes, only duplexes. Committee Vice Chair Tomas Morgan asked for clarification regarding the allowable density in U2. Brian Killen said multi-unit apartment homes with up to four ( 4) units are allowed in U2. Committee Vice Chair Tomas Morgan said she feels conflicted, adding that this would be in her neighborhood. She said the neighborhood plan was approved with robust engagement from the community, and it calls for a U2 zoning designation in this area. She explained that the neighborhood is open to denser housing on these lots but acknowledged concern that the parking and utility infrastructure cannot support it. She asked for clarification regarding the petitioner's intention to build apartment homes or duplexes. Brian Killen said half of the lots are already developed, and the petitioner has proposed to build duplexes on the remaining lots. He said with no written commitments, the petitioner would be allowed to build up to four ( 4) units on each lot. He said the zoning staff considers the written commitment an unnecessary step. EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 300 City Hall I 215 S. Dr. Martin Luther King Jr. Blvd. I South Bend, Indiana 46601 Ip. 574.235.9221 If. 574.235.9173 1 www.southbendin.gov CITY OF SOUTH BEND I OFFICE OF THE CITY CLERK Committee Chair Dr. Davis noted that the zoning designation is not specific to the developer, and if the parcels are rezoned, any future developer who purchases them would be able to build three (3)-or four ( 4)-unit apartment homes. Brian Killen confirmed this, stating that it was part of the Plan Commission discussion. Council President Canneth Lee asked about the likelihood of the petitioner building four (4)-unit dwellings. Brian Killen said this is unlikely due to cost and logistical considerations, since fourplexes are considered commercial properties rather than single-family homes. He described South Bend Heritage as a dedicated community partner and said the zoning staff does not want to make them go through unnecessary steps. Council President Lee asked about the zoning designation in the approved neighborhood plan. Committee Vice Chair Tomas Morgan said the neighborhood plan calls for U2 zoning. Brian Killen stated that the developer is committed to building duplexes, and they have built them for many years. Committee Member Dr. Beidinger asked the zoning staff to clarify whether the rezoning would go against the approved neighborhood plan. Brian Killen said the rezoning would agree with the neighborhood plan. Committee Vice Chair Tomas Morgan added that three (3)-and four (4)-unit dwellings are allowed in U2 by-right. Committee Member Dr. Beidinger asked if the residents agreed to U2 zonmg with the understanding that written commitments would be made to prevent three (3)-and four (4)-unit dwellings. Committee Vice Chair Tomas Morgan clarified that the written commitment came from the Plan Commission's desire to safeguard residents, not from the neighborhood plan itself. She asked the zoning staff to explain their justification for removing the written commitment. Brian Killen said the neighborhood plan itself is the justification, and utilities and parking are not typically considered for this type of rezoning. He reiterated that South Bend Heritage is a committed partner in developing the City, and any other developer could get a similar rezoning approved with no pushback. He said they do not want to place an arbitrary barrier for South Bend Heritage. Committee Vice Chair Tomas Morgan asked for clarification whether the written commitment was in response to neighbors' concerns. Committee Chair Dr. Davis said it started in response to one (1) neighbor's concerns at the Plan EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 300 City Hall I 215 S. Dr. Martin Luther King Jr. Blvd. I South Bend, Indiana 46601 I p. 574.235.9221 If. 57 4.235.9173 1 www.southbendin.gov CITY OF SOUTH BEND I OFFICE OF THE CITY CLERK Commission hearing. He said the Plan Commission discussed these concerns and the reasons why it would be impractical to send it through BZA parcel-by-parcel. He said the written commitment was proposed to honor the neighbor's concerns as well as the developer's intentions. He said he would prefer it if all Committee Members could hear the full opposition before voting on the bill. Citizen Member Odom said she needs to hear both sides and asked Committee Chair Dr. Davis to explain. Committee Chair Dr. Davis explained that the neighborhood plan proposed a U2 zonmg designation for these parcels, which are not currently zoned U2. He said South Bend Heritage is seeking to rezone and develop the parcels, and the City considers them a good partner. He said parking and utility concerns were brought up by a neighbor, and the Plan Commission recommended the written commitment to honor the neighbor's concerns. He reiterated that he believes Committee Members should hear the other side. Citizen Member Odom said she would like to hear the other side. Committee Vice Chair Tomas Morgan said she is attending a neighborhood meeting tomorrow night, and she will talk to the residents. She restated that the neighborhood did approve U2 zoning for these parcels. Brian Killen said he believes the City should stick to the neighborhood plan, but he is fine with the written commitment if the Committee believes an extra safety net is needed. Committee Vice Chair Tomas Morgan said she is fine with tabling the bill if that would not hold up South Bend Heritage's construction timeline. Brian Killen said there is a recording of the Plan Commission meeting. Committee Chair Dr. Davis asked Brian Killen to send the recording to the Committee. He asked if there is anyone present representing South Bend Heritage. Chris Godlewski, Abonmarche Consultants, 315 West Jefferson Boulevard, South Bend, IN 46601 , said he is present on behalf of South Bend Heritage. He said waiting another two (2) weeks to vote on the bill would be fine. Committee Chair Dr. Davis asked Attorney Palmer how to proceed. Attorney Palmer said there should be a motion to table the bill until the next meeting. Committee Chair Dr. Davis asked if he needed to hold a public hearing. Attorney Palmer said a public hearing is not needed if the bill is being tabled. Committee Vice Chair Tomas Morgan moved to table Substitute Bill No . 30-26, which was seconded by Committee Member Dr. Beidinger and carried by a vote of five (5) ayes with one (1) Committee Member absent. EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 300 City Hall f 215 S. Dr. Martin Luther King Jr. Blvd. I South Bend, Indiana 46601 Ip. 574.235.9221 i f. 574.235.9173 1 www.southbendin.gov ® CITY OF SOUTH BEND I OFFICE OF THE CITY CLERK Committee Chair Dr. Oliver Davis -Aye Committee Vice Chair Rachel Tomas Morgan -Aye Committee Member Karen L. White -Absent Committee Member Dr. Heidi Beidinger -Aye Citizen Member Stacey Odom -Aye Citizen Member Kay Farlow -Aye Committee Chair Dr. Davis acknowledged former Mayor of South Bend, Steve Luecke, for his presence at the meeting. Bill No. 32-26 -Amending the Zoning Ordinance for Property Located at Coal Line Trail at 1241 Riverside Drive Mark Dellostritto presented the bill, stating that it is a rezoning request for five (5) unzoned parcels that are currently occupied by the Coal Line Trail. He explained that the City acquired the land from the railroad with no parcel designation. The bill would apply the open space (OS) zoning designation, matching the parcels' current use. Committee Chair Dr. Davis held the public hearing, and nobody spoke. Committee Vice Chair Tomas Morgan moved to send Bill No. 32-26 to the Committee of the Whole with a favorable recommendation, which was seconded by Committee Member Dr. Beidinger and carried by a vote of five (5) ayes with one (1) Committee Member absent. Committee Chair Dr. Oliver Davis -Aye Committee Vice Chair Rachel Tomas Morgan -Aye Committee Member Karen L. White -Absent Committee Member Dr. Heidi Beidinger -Aye Citizen Member Stacey Odom -Aye Citizen Member Kay Farlow -Aye Discussion -Ways to Establish a Dedicated Neighborhood Fund in the LaSalle Park Area Committee Chair Dr. Davis said a dedicated neighborhood fund for LaSalle Park was discussed during a community meeting he attended with Councilmember Ophelia Gooden-Rodgers at the Charles Black Center on May 12, 2026. He said he has worked with Attorney Palmer to research the Zoning and Annexation Committee's potential role in establishing a "place-based" fund for affordable housing. He asked Attorney Palmer to summarize the findings. Attorney Palmer said dedicated neighborhood funds are authorized by a recent state statute, although no other city in Indiana has utilized this type of plan yet. He said the money would come from grants or donations, which the City would have to seek out on behalf of a specific neighborhood community. He said zoning can be used to incentivize affordable housing and develop plans but cautioned about potential litigation risks. He said the federal government generally encourages mixed-income housing models through density bonuses, inclusionary zoning programs, and redevelopment grants. He said there is a risk of decreasing housing inventory and increasing cost by focusing on one ( 1) housing type and said it may be necessary to increase density to prioritize affordable housing. Committee Chair Dr. Davis said the potential fund would be "place-based, not race-based". He EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 300 City Hall I 215 S. Dr. Martin Luther King Jr. Blvd. I South Bend, Indiana 46601 Ip. 574.235.9221 If. 574.235.9173 1 www.southbendin.gov CITY OF SOUTH BEND I OFFICE OF THE CITY CLERK said he has spoken to Darryl Scott about how the Department of Community Investment or tax increment financing (TIF) could be involved. He asked Attorney Palmer about the legislative actions needed to establish a fund. Attorney Palmer said the state statute refers to a resolution. Committee Chair Dr. Davis asked Attorney Palmer how he would like to address questions and public comments on the matter. Attorney Palmer said residents can email him directly with their questions and comments. Citizen Member Odom expressed support for working with the LaSalle Park neighborhood on a solution. Committee Chair Dr. Davis said they will work together to move forward. With no further business, Committee Chair Dr. Davis adjourned the Zoning and Annexation t 5:23 P.M. EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 300 City Hall I215 S. Or. Martin Luther King Jr. Blvd. I South Bend, Indiana 46601 Ip. 574.235.9221 If. 574.235.9173 1 www.southbendin.gov