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HomeMy WebLinkAbout08.17.26 PC Agenda Packet City Hall 215 S. Martin Luther King, Jr. Blvd. Suite 500 South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning City of South Bend PLAN COMMISSION Tim Corcoran Planning Director Brian Killen Zoning Administrator Francisco Fotia Commission President CITY OF SOUTH BEND PLAN COMMISSION AGENDA Monday, August 17, 2026 - 4:00 P.M. City Hall - Third-Floor Council Chambers Meeting Link - https://www.southbendin.gov/sbpc Meeting Recordings - https://tinyurl.com/PlanCommission2026 PUBLIC HEARING: A. REZONINGS Location: 626 ALLEN ST and 630 ALLEN ST PC#0319-26 Petitioner: CROSS COMMUNITY INC Requested Action: Rezoning: From U2 Urban Neighborhood 2 to U3 Urban Neighborhood 3 B. MAJOR SUBDIVISIONS Name: Riverfront West Major Subdivision PC#0339-26 Location: 330 E JEFFERSON BLVD C. TEXT AMENDMENTS Requested Action: PC#0324-26 A proposed ordinance, Short Term Rental Text Amendment of Chapter 21, City of South Bend ITEMS NOT REQUIRING A PUBLIC HEARING: A. MINOR SUBDIVISIONS Name: Hoagland ND Estates Resubdivision Minor SubdivisionPC#0341-26 Location: 913 N JACOB ST B. FINDINGS OF FACT - None for consideration C. UPDATES FROM STAFF D. MINUTES – July 20, 2026 E. ADJOURNMENT City Hall 215 S. Martin Luther King, Jr. Blvd. Suite 500 South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning City of South Bend PLAN COMMISSION Tim Corcoran Planning Director Brian Killen Zoning Administrator Francisco Fotia Commission President Commissioner Appointing Agency Term Start Term End Dr. Oliver Davis Council Appointee Until reappointed John Martinez Venues, Parks and Arts Appointee Until reappointed Rebecca Plantz City Engineer Appointee Until reappointed Scott Ford Board of Public Works Appointee Until reappointed Francisco Fotia Mayoral Appointee 12/22/2025 12/31/2028 Caitlin Stevens Mayoral Appointee 1/1/2024 12/31/2027 Tyler Gillean Mayoral Appointee 7/25/2024 12/31/2027 Maureen Miller Mayoral Appointee 11/4/2025 12/31/2028 Taylor Lewis Mayoral Appointee 9/4/2025 12/31/2028 SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report – PC#0319-26 August 17, 2026 Property Information Location: 626 ALLEN ST and 630 ALLEN ST Owner: CROSS COMMUNITY INC Requested Action Rezone from U2 Urban Neighborhood 2 to U3 Urban Neighborhood 3 Project Summary The petitioner intends to build a six-unit apartment building. Location Map 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. Staff Report -PC#0319-26 8/17/2026 SOUTH BEND PLAN COMMISSION Page 2 of 4 Proposed Site Plan Staff Report -PC#0319-26 8/17/2026 SOUTH BEND PLAN COMMISSION Page 3 of 4 Land Uses and Zoning: On site: Vacant land zoned U2 Urban Neighborhood 2 North: A one unit dwelling zoned U2 Urban Neighborhood 2 East: A one unit dwelling and vacant land zoned U2 Urban Neighborhood 2 South: A religious institution and vacant commercial building zoned NC Neighborhood Center West: A vacant commercial building zoned NC Neighborhood Center District Intent: The U3 District is established to provide for, promote, and maintain the development of a full range of housing types located near neighborhood centers and along major streets in urban neighborhoods in core and outlying areas of the City. Site Plan Description: The petitioner wishes to rezoned these properties to U3 to allow for a six-unit apartment building. Zoning and Land Use History and Trends: Although both of these parcels are currently vacant, there used to be houses on each one, built sometime between 1899 and 1917. They were demolished between 2011 and 2022. Traffic and Transportation Considerations: These properties are located on Allen Street, a 30' wide two-way street that runs north and south with one lane of traffic going in each direction, between Lincoln Way West and Lindsey Street. There is a public alley at the rear of each property, and an additional alley along the southern property boundary for 626 Allen Street. Agency Comments: No comments at this time. Engineering Comments: No issues with the rezoning. It appears the neighboring church is using the east-west alley as part of their parking lot, and have a shipping container and guardrail in it. There will need to be discussions with the church to clear the alley so that it can function as an alley again. Sidewalk along the property frontage will need to be replaced. Access from the alley will need to have defined approaches. Pavement cannot be flush with the alley all the way across. Each unit will need a separate shutoff for water. Staff Comments: No comments at this time. 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 H 1 calls upon the city to "ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future." Land Use Plan: Agency Comments Criteria for Decision Making Rezoning Site & Context Staff Report -PC#0319-26 8/17/2026 SOUTH BEND PLAN COMMISSION Page 4 of 4 This property falls within the Near Northwest neighborhood. In the 2019 neighborhood plan, the future zoning map shows these parcels as remaining U2. Plan Implementation/Other Plans: At a high level, Strategies 2 and 3 in the Near Northwest neighborhood plan call for housing development and vacant lot activation, two things which this project would achieve. More specifically, the plan recommends more intense housing in areas near Lincoln Way West, aligning with the petitioner's plan for these two parcels. 2. Current Conditions and Character: These properties are surrounded by one and two-story structures and vacant lots on all sides. Some of the structures are residential in character, while others are more commercial and institutional. 3. Most Desirable Use: The most desirable use for these properties would be multi-family residential 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. U3 also allows for denser development than U2, meaning that the rezoning could allow for higher property values to be generated on site. 5. Responsible Development and Growth: Rezoning these properties to U3 aligns with the principles of responsible development and growth, as it will allow for denser infill development in an established neighborhood on a street with existing city utilities. Commitments: No commitments at this time. Analysis: Although the Near Northwest neighborhood plan calls for these parcels to remain U2 in the future zoning map, a rezoning to U3 also makes sense. They are located just off a major corridor in Lincoln Way West, where the plan calls for more intense housing development. U3 would also provide an appropriate scaling down of potential development intensity from the NC parcels to the south and west, and the U2 parcels to the north and east. Additionally, the building being proposed will match the scale and character of surrounding structures and the larger neighborhood. 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. Analysis & Recommendation SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report – PC#0339-26 August 17, 2026 Property Information Subdivision Name: Riverfront West Major Subdivision Location: 330 E JEFFERSON BLVD Requested Action The total area of the subdivision is 17.604 acres and will consist of 8 building lots. Location Map Recommendation Staff Recommendation: The staff has reviewed this subdivision and finds that if the conditions are met, it complies with the requirements for Primary Approval as specified by the South Bend Subdivision Control Ordinance. The staff therefore recommends that this subdivision be granted Primary approval, subject to the following: adding parcel IDs, updating client address, changing the “Dr. Martin Luther King Jr. Blvd” label to “Jefferson Boulevard,” correcting plat note 8, edit Deed of Dedication to include “Subdivision Control Ordinance,” update owner signature section to show all owners impacted by the subdivision, ROW on the north end of Columbia needs to be corrected, Fellows Street should be Pearl Avenue in street classification list, and lastly added easements will need to be specific to the utility and have very clear language on who has rights to them and what the maintenance responsibilities are. All easements within the proposed ROW will also need to be vacated as part of this plat. SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report – PC#0339-26 August 17, 2026 Proposed Plat SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report – PC#0339-26 August 17, 2026 SOUTH BEND PLAN COMMISSION Page 4 of 4 Staff Report – PC#0339-26 August 17, 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. Rights-Of-Way: ROW on the north end of Columbia needs to be corrected. Utilities: The site will be served by Municipal Water and Municipal Sewer. Agency Comments: ROW on the north end of Columbia needs to be corrected. Fellows Street should be Pearl Avenue in street classification list. All existing easements within lots 1, 2, and 3, and Outlots 1 and 2 will need to be vacated as part of this plat. We may need to add some easements back based on where utilities are being re-routed. These easements will need to be specific to the utility and have very clear language on who has rights to them and what the maintenance responsibilities are. All easements within the proposed ROW will also need to be vacated as part of this plat. Recommendation Staff Recommendation: The staff has reviewed this subdivision and finds that if the conditions are met, it complies with the requirements for Primary Approval as specified by the South Bend Subdivision Control Ordinance. The staff therefore recommends that this subdivision be granted Primary approval, subject to the following: adding parcel IDs, updating client address, changing the “Dr. Martin Luther King Jr. Blvd” label to “Jefferson Boulevard,” correcting plat note 8, edit Deed of Dedication to include “Subdivision Control Ordinance,” update owner signature section to show all owners impacted by the subdivision, ROW on the north end of Columbia needs to be corrected, Fellows Street should be Pearl Avenue in street classification list, and lastly added easements will need to be specific to the utility and have very clear language on who has rights to them and what the maintenance responsibilities are. All easements within the proposed ROW will also need to be vacated as part of this plat. SOUTH BEND PLAN COMMISSION Page 1 of 1 Staff Report – PC#0324-26 August 17, 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 IMPLEMENT A SPECIAL EXCEPTION FOR SHORT TERM RENTALS Project Summary Text amendment #9 is being proposed to amend Chapter 21 of the South Bend Municipal Zoning Code and address the use of short term rentals. More specifically, this ordinance: - Amends the definition of “Dwelling” to accommodate short term rentals as a form of lodging - Replaces the use of “Bed & Breakfast” with “Hotel” and amends the “Hotel” definition and standards - Adds a new use, “Short Term Rental,” with a use-specific standard Analysis: The use of residential property for short term rental to overnight guests is not currently addressed in the Zoning Ordinance. Staff recognizes that short term rentals can provide several benefits for the city, including offering alternatives to hotels and additional accommodation options for visitors. However, certain areas of the city are less compatible for short term rental uses, and the city wishes to more effectively regulate where these uses are permitted going forward. Therefore, staff recommends changing the ordinance to reorganize the Lodging group of uses, and to create a new land use for short term rentals in alignment with current Indiana Code. For non-owner-occupied properties, this use will need to be granted via a special exception in all zoning districts where it is permitted, encouraging and promoting the continued residential character of neighborhoods, long-term housing supply, and public safety. Recommendation: Based on the information available prior to the public hearing, the staff recommends the text amendment be sent to the Common Council with a favorable recommendation. Analysis & Recommendation BILL NUMBER (blank) ORDINANCE NUMBER (blank) AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO IMPLEMENT A SPECIAL EXCEPTION FOR SHORT TERM RENTALS STATEMENT OF PURPOSE AND INTENT The City of South Bend (“City”) has adopted a comprehensive Zoning Ordinance to regulate the location and use of land and buildings, as authorized by Indiana Code 36-7-4 et seq.; and The rental of residential property for short term rental to overnight guests is not addressed in the Zoning Ordinance or elsewhere in the Municipal Code; and The City recognizes that allowing short term rentals in some residential areas provides alternatives to hotel accommodations for visitors; and Short term rentals help the City accommodate the many visitors who attend infrequent special events where local hotel capacity is exceeded; and Many property owners who provide short term rental accommodations are able to invest in home repairs, upgrades, and preservation projects that would otherwise be unaffordable; and Taxes collected from short term rentals contribute to a reliable source of revenue to the City; and Certain areas of the City are less compatible for short term rental uses and the City wishes to more effectively regulate where short-term rental uses are to be permitted, as allowed by state law; and Providing for a special exception for short term rentals, as authorized by Indiana Code 36- 1-24 et seq. allows for reasonable regulation of short term rentals; and These regulations will encourage and promote the continued residential character of neighborhoods, long-term housing supply, and public safety within neighborhoods by reducing nuisances commonly associated with short term rentals; and Adoption of these regulations is consistent with the City's comprehensive plan; and The City finds that these regulations are needed to adequately protect the public health, safety, and welfare of its residents and guests; and Indiana Code 36-1-24 et seq. allows a political subdivision to establish and enforce a special exception for short term rentals, subject to certain conditions and limitations. 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 3 Standard Districts, Section 21-02.02 Definitions is hereby amended as follows: Dwelling. Any building, or portion of a building, which is designed or used primarily for residential purposes, including a 1 unit dwelling, 2 unit dwelling, and multi-unit dwelling but not including hotels or bed & breakfasts lodging. SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.01 S1 Suburban Neighborhood 1, subsection (c) Principal Uses is hereby amended as follows: Lodging Bed & Breakfast Hotel Special Exception * 21-06.01(h)(1) Short Term Rental Special Exception * 21-06.01(h)(2) SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.02 S2 Suburban Neighborhood 2, subsection (c) Principal Uses is hereby amended as follows: Lodging Bed & Breakfast Hotel Special Exception * 21-06.01(h)(1) Short Term Rental Special Exception * 21-06.01(h)(2) SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.03 U1 Urban Neighborhood 1, subsection (c) Principal Uses is hereby amended as follows: Lodging Bed & Breakfast Hotel Special Exception * 21-06.01(h)(1) Short Term Rental Special Exception * 21-06.01(h)(2) SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.04 U2 Urban Neighborhood 2, subsection (c) Principal Uses is hereby amended as follows: Lodging Bed & Breakfast Hotel Special Exception * 21-06.01(h)(1) Short Term Rental Special Exception * 21-06.01(h)(2) SECTION VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.05 U3 Urban Neighborhood 3, subsection (c) Principal Uses is hereby amended as follows: Lodging Bed & Breakfast Hotel Special Exception * 21-06.01(h)(1) Short Term Rental Special Exception * 21-06.01(h)(2) SECTION VII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.06 UF Urban Flex, subsection (c) Principal Uses is hereby amended as follows: Lodging Bed & Breakfast Allowed * 21-06.01(h)(1) Hotel Special Exception Allowed subject to Conditions * 21-06.01(h)(2)(1) Short Term Rental Special Exception * 21-06.01(h)(2) SECTION VIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.07 NC Neighborhood Center, subsection (c) Principal Uses is hereby amended as follows: Lodging Bed & Breakfast Allowed * 21-06.01(h)(1) Hotel Allowed * 21-06.01(h)(2)(1) Short Term Rental Special Exception * 21-06.01(h)(2) SECTION IX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.08 DT Downtown, subsection (c) Principal Uses is hereby amended as follows: Lodging Bed & Breakfast Allowed * 21-06.01(h)(1) Hotel Allowed * 21-06.01(h)(2)(1) Short Term Rental Special Exception * 21-06.01(h)(2) SECTION X. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-04.02 U University, subsection (c) Principal Uses is hereby amended as follows: Lodging Bed & Breakfast Allowed * 21-06.01(h)(1) Hotel Allowed * 21-06.01(h)(2)(1) Short Term Rental Special Exception * 21-06.01(h)(2) SECTION XI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-04.03 C Commercial, subsection (c) Principal Uses is hereby amended as follows: Lodging Bed & Breakfast Allowed * 21-06.01(h)(1) Hotel Allowed * 21-06.01(h)(2)(1) Short Term Rental Special Exception * 21-06.01(h)(2) SECTION XII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-04.04 I Industrial, subsection (c) Principal Uses is hereby amended as follows: Lodging Bed & Breakfast Allowed * 21-06.01(h)(1) Hotel Allowed * 21-06.01(h)(2)(1) Short Term Rental Special Exception * 21-06.01(h)(2) SECTION XIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Standard Uses, Section 21-06.01 Principal Uses, Table 21-06A Principal Uses by Zoning District is hereby amended as follows: Lodging S1, S2, U1, U2, U3, NC, DT, U, C, I Bed & Breakfast Hotel Hotel Lodging UF Bed & Breakfast Hotel Allowed Allowed subject to Conditions* Lodging S1, S2, U1, U2, U3, UF, NC, DT, U, C, I Short Term Rental Special Exception* SECTION XIV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Standard Uses, Section 21-06.01 Principal Uses, subsection (h) Lodging is hereby amended as follows: (1) Bed & Breakfast Hotel A dwelling that provides temporary lodging for compensation in guest rooms with no in-room cooking facilities. Includes related ancillary facilities, such as dining and meeting rooms. A facility that provides temporary lodging for compensation. Includes such uses as bed & breakfasts and resorts. Includes related ancillary facilities, such as dining facilities, meeting rooms, and other incidental services. (A) Standards: (i) The dwelling shall be the primary residence of the owner. (ii) The bed and breakfast shall not alter the character of the dwelling as a residence. (iii) No more than five guest rooms, and no more than ten guests at any one time, are permitted. (iv) Occupancy by any one guest shall not exceed 30 cumulative nights within any 3-month period. (i) Guest rooms shall be accessed from the interior of the building, including from interior courtyards, lobbies, or halls. (ii) A hotel with more than 5 guest rooms shall provide a bathroom for each room. (iii) In a S1, S2, U1, U2, U3, or UF district, hotels shall have no more than 5 guest rooms and shall appear residential in character. (iv) Occupancy by any one guest shall not exceed 30 cumulative nights within any 3-month period. (2) Hotel A facility that provides temporary lodging, in one or more buildings, for compensation. Includes related ancillary facilities, such as dining facilities, meeting rooms, and other incidental services. (A) Standards: (i) Rooms shall be accessed from the interior of the building, including from interior courtyards, lobbies, or halls. (ii) A bathroom shall be provided for each room. (iii) In a UF district, hotels shall have no more than 5 guest rooms. (2) Short Term Rental A property that provides temporary lodging in a dwelling for terms of less than thirty (30) days at a time typically through a short term rental platform and holds a short term rental permit with the City. Excludes owner-occupied short term rentals as defined by IC 36-1-24-3, as amended, which are permitted in all districts. (A) Standards: (i) A short term rental shall maintain a residential appearance consistent with its physical context. SECTION XV. This Ordinance shall be effective September 1, 2026, following its passage by the Common Council and approval by the Mayor. ____________________________ Canneth Lee, Common Council President Attest: _____________________________ Bianca Tirado, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the [blank] _________day of [blank] ___________, 2026, at [blank] _________ o’clock [blank] ____. m. __________________________ Bianca Tirado, City Clerk Approved and signed by me on the [blank] _________ day of [blank] ____________, 2026, at [blank] ________ o’clock [blank] ____. m. ____________________________ James Mueller Mayor, City of South Bend, Indiana SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report – PC#0341-26 August 17, 2026 Property Information Subdivision Name: Hoagland ND Estates Resubdivision Minor Subdivision Location: 913 N JACOB ST Requested Action The total area of the subdivision is .38 acres and will consist of 3 building lots. Location Map Recommendation Staff Recommendation: The staff has reviewed this subdivision and finds it complies with the requirements for Primary approval as specified by the South Bend Subdivision Control Ordinance. The staff therefore recommends that this subdivision be granted Primary approval. SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report – PC#0341-26 August 17, 2026 Proposed Plat SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report – PC#0341-26 August 17, 2026 SOUTH BEND PLAN COMMISSION Page 4 of 4 Staff Report – PC#0341-26 August 17, 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. 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. Recommendation Staff Recommendation: The staff has reviewed this subdivision and finds it complies with the requirements for Primary approval as specified by the South Bend Subdivision Control Ordinance. The staff therefore recommends that this subdivision be granted Primary approval.