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HomeMy WebLinkAbout62-26 Amending the Zoning Ordinance for Property Located at 3501 Blackthorn CourtCity of South Bend PLAN COMMISSION August 25, 2026 Honorable Committee Chair Davis Third Floor, County -City Building South Bend, IN 46601 RE: 3501 BLACKTHORN CT — PC#0347-26 Dear Committee Chair Davis: City Hall 215 S. Martin Luther King, Jr. Blvd. Suite S00 South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning Filed in Clerk's Office Sep 8, 2026 Bianca Tirado City Clerk, South Bend, IN 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 September 14, 2026, Council meeting, and set it for public hearing at your September 28, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the September 21, 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 proposed project includes the construction of a four-story extended stay hotel, including parking, sidewalks, lighting, and landscaping consistent with the other developed sites within the Blackthorn Corporate Office Park. The City of South Bend Zoning staff has also decided to propose four written commitments along with the rezoning to make sure that future development of this property is in alignment with the character of the surrounding area. Those commitments can be found in Exhibit A, which is included along with the ordinance. If you have any questions, please feel free to contact our office. Sincerely, 1 \r_.0JA914,70/ mod' Mark Dellostritto Zoning Specialist Tim Corcoran Brian Killen Francisco Fotia Planning Director Zoning Administrator Commission President City of South Bend PLAN COMMISSION CC: Bob Palmer City of South Bend PLAN COMMISSION Page2of2 BILL NO. 62-26 ORDINANCE NO. Filed in Clerk's Office Sep 8, 2026 Bianca Tirado 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 3501 BLACKTHORN CT COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to rezone the property from Neighborhood Center (NC) District 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: Parcel 025-1018-062219 — Lot 8 Blackthorn Corp Office Park Major Sub #2 Sec 3; 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, as stated in Exhibit A. 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. .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2026, at o'clock James Mueller, Mayor City of South Bend, Indiana -2- COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL, ZONE MAP CHANGE REQUIRED BY THE CITY OF SOUTH BEND ZONING ORDINANCE In accordance with I.C. 36-7-4-1015 or I.C. 36-7-4-1016, the Owner of the real estate located in South Bend, Indiana which is described below, makes the following COMMITMENTS conceming the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: All that part of Lot 8 as shown on the plat of Blackthorn Corporate Office Park Major Subdivision Number Two, Section Three, recorded July 20, 2000 in the office of the Recorder of St. Joseph County, Indiana. More commonly known as 3501 BLACKTHORN COURT STATEMENT OF COMMITMENTS: The intent of this rezoning is to allow for commercial development on this property that fits with the built environment and character of the surrounding area. 1. The use of Drive -Through Facility shall not be permitted. 2. The use of Gas/Fuel Station shall not be permitted. 3. The use of Retail & Service, General shall not be permitted. 4. The use of Vehicle Sales or Rental shall not be permitted. 5, The use of Vehicle Service, Major shall not be permitted. 6. The use of Vehicle Service, Minor shall not be permitted. These COMMITMENTS shall run with the land, be binding on the Owner of the above - described real estate, subsequent owners of the above -described real estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the South Bend Plan Commission made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the approval of petition PC#0347-26 pursuant to the City of South Bend Zoning Ordinance, and shall continue in effect until: (i) the real estate is rezoned; or, (ii) modified or terminated by the South Bend Plan Commission. These COMMITMENTS may be enforced jointly or severally by: 1. The South Bend Plan Commission; 2. The City of South Bend, Indiana; Page 1 of 4 3. Owners of all parcels of ground adjoining the real estate within three -hundred (300) feet of the subject parcel and all owners of real estate within the area included in the petition who were not petitioners for approval; and The undersigned hereby authorizes the Staff of the South Bend Plan Commission to record this Commitment in the Office of the Recorder of St. Joseph County, Indiana, upon final approval of petition PC#0347-26. IN WITNESS WHEREOF, Owner has executed this instrument this _ day of (Individual Owner) Signature (Seal) Signature (Seal) Printed Printed (Organization Owner) By Printed Title Page 2 of 4 STATE OF COUNTY OF ) ) ) (Individual Acknowledgment) SS: Before me, a Notary Public in and for said County and State, personally appeared , Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this day of County of Residence Signature Printed My Commission expires: (Organization Acknowledgment) STATE OF ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared , the of , a(n) , Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this day of County of Residence Signature Printed My Commission expires: This instrument was prepared by Mark Dellostritto, Zoning Specialist. Page 3 of 4 I affirm under penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Page 4 of 4 City of South Bend PLAN COMMISSION 1 q• ill 1 6 1 r,) t - n lit Petition for Rezoning or Combined Public Hearing Property Information Tax Key NumberO25-1018-062219 Address' 3501 Blackthorn Court, South Bend, IN 46628 Owner: Blackthorn Associates, LLC. Legal Description: Lot numbered eight (8) as shown on the recorded plat of Blackthorn Corporate Office Park Major Subdivision # Two, Section Three, Recorded July 20, 2000 as document number 0034671 In the Office of the Recorder of St. Joseph County, Indiana. Project Summary The proposed project includes the construction of a four-story extended stay hotel, including parking, sidewalks, lighting, and landscaping consistent with the other developed sites within the Blacldhom Corporate Office Park. Filed in Clerk's Office Requested Action Sep 8, 2026 Application includes (check all that apply) Bianca Tirado Q Rezoning (also see ' below Special Exception) City Clerk. South Bend IN Current District: NC Neighborhood Center Additional Districts, if applicable Proposed District: C Commercial 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 dislnct: (3) The most desirable use for which the land in each distnct 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 Also see " below Use requested: • Properties that are granted a Rezoning, Special Exception, or Use Variance must come into hull compliance with current zoning rules This may mean that you will have to add required landscaping, make modifications to buildings, or make other changes to your property Zoning staff can help you figure out what would have to change for yo %specfic property. initial here to indicate that you understand thus requiremen ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Required Documents ElCompleted Application (including Contact Information) Site Plan drawn to scale El Filing Fee Additional documents as noted above Contact Information Property owner(s) of the petition site: Name: Blackthorn Associates, LLC Address: 200 N. Church Street, Suite 200 Name: Address: Mishawaka, Indiana 46544 Name: Address: Contact Person: Name: Ken Townsend - Sweet Living Capital, Inc. Address: 1101 Kermit Drive, Suite 202 Client Rep: Ricky Davila - Abonmar he Consultants 315 W. Jefferson Blvd. Nashville, Tennessee, 37217 South Bend. IN 46601 Phone Number. (410)977-7275 (574)314-1022 ktownsend@sweetlivinginc.com E-mail: rdavila@abonmarche.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: RVWIWEV125WE 1f RMINLW f%fC®[DS P..016110 51RVM18 W WIMWOi69FVE1.0W6 2405 CHARlIE WM 6I1202a la ll AM 1 11!j1 1'1111111ii 1111 11j11ia1ivji1ii 0 F 41li 111 !;ai ;� 6i l010 cc E g#t i rI R'1 iR i+i i� �la Iv I 111 I1,il��i9j�11d !io 8 1iI R• �BD ��i�Igill �e11:II �1'1'1 i eA A i ! i6 1e ;gip !1 id ill 1 SWEET LIVING CAPITAL, INC. BEING LOT NUMBERED EIGHT (8) IN BLACKTHORN CORPORATE OFFICE PARK MAJOR SUBDIVISION M TWO, SECTION THREE, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY. INDIANA LOT 8. SUBD. 2 SEC.3, BLACKTHORN CORPORATE PARK, MISHAWAKA. 54 46544 ALTA/NSPS LAND TITLE SURVEY :■ABONMARCHE 315W. Mow*. SauIN YlE6Mff101 m.aaanw awmlacwcan ema 155555551 traJlarO rlolrc1w AEIONNARC E oaa.TNm. NC. SEC. 19-T38N-R2E Marti Parkway (R/W/ Parks) SCALE Di FEET 124 ROOMS 129 PARKING SPACES (INCL. 5 ADA SPACES) EASEMENT LEGEND NEL WORM • WE EAR Emma P• LW.. PP NEL KONGO ® I Par, Ca Open. • .,OPRBO.R. ® • froipleR ® Ow FY Pr NaPp•ml SWEET LIVING CAPITAL, INC. BLACKTHORN EXTENDED STAY HOTEL SITE DEVELOPME NmrOA CONSTRUOb7N ck • J OE. MR MELEES PP Not CP/0C PIP PROJECT C. f►efl. 1 of 1