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HomeMy WebLinkAbout59-26 Amending the Zoning Ordinance for Property Located at 227 College StreetCity of South Bend PLAN COMMISSION August 25, 2026 Honorable Committee Chair Davis Third Floor, County -City Building South Bend, IN 46601 RE: 227 COLLEGE ST — PC#0343-26 Dear Committee Chair Davis: City Hall 215 S. Martin Luther King, Jr. Blvd. Suite 500 South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning Filed in Clerk's Office Aug 25, 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: Neighborhood wellness and nutrition center providing nutritional beverages, health coaching, fitness consulting, wellness education, and related retail sales of health and fitness products. If you have any questions, please feel free to contact our office. Sincerely, Mark Dellostritto Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Brian Killen Francisco Fotia Zoning Administrator Commission President BILL NO. 59-26 ORDINANCE NO. Filed in Clerk's Office Aug 25, 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 227 COLLEGE ST COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to rezone the property from Urban Neighborhood 1 (U1) District to Urban Neighborhood Flex (UF) 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 018-2007-006402 — MID 1-3 E 1/2 Lot 3 College Grove: be and the same is hereby established as Urban Neighborhood Flex (UF) 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. Approved and signed by me on the .m. Bianca L. Tirado, City Clerk Office of the City Clerk day of , 2026, at _ o'clock James Mueller, Mayor City of South Bend, Indiana -2- Friday, August 21, 2026 Zoning Application City of South Bend What are you filing for? Who will need to approve? Special Exception(s) Rezoning Both Board of Zoning Appeals and Plan Commission Property Owner and Property Information Property owner name: Phone number: Email: Project address: Would you like to add additional property owners? Maurice Scott (574) 204-3344 mscotttru@sbcglobal.net 227 College St. South Bend Filed in Clerk's Office Aug 25, 2026 Bianca Tirado City Clerk, South Bend, IN 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 about tax key numbers can be found below): U1 The tax key(s)/parcel ID(s) can be found by visiting this rap 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 owner be the main point of contact and representative for this petition? No Mailing address: 227 College St South Bend, In, 46628 1 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 For what use are you requesting a Special Exception? Neighborhood wellness and nutrition center providing nutritional beverages, health coaching, fitness consulting, wellness education, and related retail sales of health and fitness products. Project Summary: The project's goal is to create a positive community resource that encourages healthy living, supports youth and adult wellness, and provides access to nutrition and fitness services in an accessible neighborhood location. The business is expected to serve local residents through wellness education, coaching, and health -focused products while contributing to economic development and community engagement. 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: The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare because the business is a low -impact wellness and nutrition center that promotes healthy lifestyles, physical fitness, and community engagement. The facility will operate primarily indoors and will provide nutritional beverages, wellness coaching, fitness education, and athletic development services. The proposed use does not involve manufacturing, industrial activities, hazardous materials, excessive noise, late -night operations, or other activities that would negatively affect neighboring properties. Instead, the business will serve as a positive community resource that encourages health, wellness, and personal development while maintaining compatibility with the surrounding area. 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 the adjacent area or property values therein because the business is a low -impact wellness and nutrition center that is compatible with surrounding uses and will be operated in a clean, safe, and professional manner. The facility will provide health and wellness services, nutritional beverages, and fitness coaching in an indoor setting, generating minimal noise, odors, traffic, or other nuisances. The proposed use will improve the appearance and productive use of the property, encourage community engagement and healthy lifestyles, and serve as a positive neighborhood amenity. As a result, the use is expected to maintain and enhance the desirability of the surrounding area rather than negatively impact adjacent properties or property values. 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 use will be consistent with the character of the district in which it is located and the land uses authorized therein because the business is a neighborhood -oriented wellness and nutrition center that provides health, fitness, and educational services in a safe and professional environment. The proposed use is similar in nature to other low -intensity commercial and service uses that serve local residents and contribute to the quality of life within the community. The facility will operate primarily 2 indoors, maintain an attractive appearance, generate minimal noise and traffic impacts, and complement the surrounding area by providing convenient access to health and wellness resources. The use represents a positive transition of the property that supports community development while remaining compatible with nearby land uses. The proposed use is compatible with the recommendations of the Comprehensive Plan, because: By providing a low -impact, community -oriented service that promotes health, wellness, and neighborhood investment, the proposed use aligns with South Bend's vision for strong, sustainable neighborhoods and contributes to the long-term goals of creating a healthier, more connected, and economically vibrant community. Upload a site plan to scale indicating scale used (for example 1 in. on printer paper = 20ft. in real life or 1 square on graph paper = 5ft. in real life). Include property lines and all structures. Rezoning Project Summary: Levels Athlete Wellness & Nutrition Center The proposed project is the establishment of Levels Athlete, a community -focused wellness, nutrition, and fitness center dedicated to improving health outcomes, promoting active lifestyles, and providing positive community engagement opportunities for residents of South Bend. The business will offer nutritional beverages, including protein shakes and wellness teas, along with fitness coaching, personal training support, wellness challenges, educational resources, and health -focused retail products. Levels Athlete is designed to serve as a neighborhood wellness hub where residents can access nutrition guidance, fitness resources, accountability programs, and community -based activities that encourage healthy living. All operations will be conducted indoors within a clean, safe, and professionally managed environment. The business will not involve manufacturing, industrial activities, hazardous materials, excessive noise, or uses that would negatively impact surrounding properties. The project aligns with the City of South Bend's goals of strengthening neighborhoods, supporting small business development, promoting public health, and encouraging reinvestment in existing properties. By providing accessible wellness services, educational opportunities, and a positive gathering space for youth and adults, Levels Athlete will contribute to the social, physical, and economic well-being of the community. The proposed use represents a low -impact, community -serving business that will enhance neighborhood vitality, support healthy lifestyles, and provide a valuable resource for residents while remaining compatible with the surrounding area. Current District(s): Proposed District(s): U1 Urban Neighborhood 1 C Commercial 4 Upload a site plan to scale indicating scale used (for example 1 in. on printer paper = 20ft. in real life or 1 square on graph paper = 5ft. in real life). Include property lines and all structures. 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: Maurice Scott Date Friday, August 21, 2026 6 Filed in Clerk's Office Aug 25, 2026 Bianca Drado City Clerk, South Bend, IN 11MK,1 LEVELS aet 234..Ak` Emry, Par NUTPiTION • WELLNESS • COACHING • COMMUNITY City of South Bend PLAN COMMISSION Tuesday, September 22, 2026 South Bend Common Council City Hall, Third Floor South Bend, IN 46601 City Hall 215 S. Martin Luther King, Jr. Blvd. Suite 500 South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning Filed in Clerk's Office Sep 22, 2026 Bianca Tirado City Clerk. South Bend, IN Re: Bill#59-26 - A proposed ordinance of SCOTT MAURICE to zone from U 1 Urban Neighborhood 1 to UF Urban Neighborhood Flex, property located at 227 COLLEGE ST, City of South Bend - PC# 0343-26 Dear Council Members: I hereby Certify that the above referenced ordinance of SCOTT MAURICE was legally advertised on September 11, 2026 and that the South Bend Plan Commission at its public hearing on September 21, 2026 took the following action: Upon a motion by Caitlin Stevens, being seconded by Scott Ford and unanimously carried, a proposed ordinance of SCOTT MAURICE to zone from U1 Urban Neighborhood 1 to UF Urban Neighborhood Flex, property located at 227 COLLEGE 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, Brian Killen Zoning Administrator Attachment CC: SCOTT MAURICE Bob Palmer Tim Corcoran Planning Director Brian Killen Francisco Fotia Zoning Administrator Commission President Staff Report — P C##0343-26 September 21, 2026 Property Information Location: 227 COLLEGE ST Owner: SCOTT MAURICE Requested Action Rezone from U1 Urban Neighborhood 1 to OF Urban Neighborhood Flex Filed in Clerk's Office Sep 22, 2026 Bianca Tirado City Clerk, South Bend, IN Project Summary The petitioner intends to start a neighborhood wellness and nutrition center providing nutritional beverages, health coaching, fitness consulting, wellness education, and related retail sales of health and fitness products. 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. SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report -PC#0343-26 9/21/2026 Proposed Site Plan LEVELS''' Get 13dter Every Par .; NUTRITION • WELLNESS • COACHING • COMMUNITY ',�' SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report -PC#0343-26 9/21/2026 Site & Context Land Uses and Zoning: On site: A one unit dwelling zoned U1 Urban Neighborhood 1 North: A one unit dwelling zoned U1 Urban Neighborhood 1 East: An Assembly, General use zoned OS Open Space South: Vacant land zoned U1 Urban Neighborhood 1 West: A storage yard for an industrial use zoned I Industrial District Intent: The OF District is established to enhance and support a full range of housing types and small- scale commercial uses found outside neighborhood centers in core and outlying areas of the City. Site Plan Description: The development will continue to use the existing structure. Zoning and Land Use History and Trends: According to the property record card, the structure that sits on this lot was built in 1897 as a single-family home, and it has remained as such ever since. Traffic and Transportation Considerations: This property is located on College Street, a 38' wide two-way street that runs north and south with one lane of traffic going in each direction, between Linden Street and Orange Street. Agency Comments Agency Comments: No comments at this time. Engineering 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, Policy ED 1.2 calls upon the city to "encourage reuse of abandoned and underutilized land and structures" for economic development. Land Use Plan: This property falls within the Kennedy Park neighborhood. In the 2022 neighborhood plan, the future zoning map shows this parcel being rezoned to U3. Plan Implementation/Other Plans: Strategy 5 in the neighborhood plan says that the city and its partners should work to address underutilized properties in the neighborhood, such as this one. The plan also contains a recommendation for neighborhood -serving businesses in the Linden Street - MLK Center Area, which this property is located in. 2. Current Conditions and Character: SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report -PC#0343-26 9/21/2026 This property is surrounded by a mix of uses, including residential, institutional, industrial, and commercial uses. There is also vacant land and a number of vacant structures in the area around the property. 3. Most Desirable Use: The most desirable use in the Urban Flex Neighborhood district is small-scale mixed -use development. 4. Conservation of Property Values: Rezoning this property should not negatively affect the value of neighboring properties. This project will likely raise the value of the property being rezoned because the existing building on it is currently unused, and an active property will likely have a higher value than an inactive one. UF also allows for more intense development than U1, meaning that the rezoning could allow for higher property values to be generated on site. 5. Responsible Development and Growth: Rezoning this property to UF aligns with the principles of responsible development and growth, as it will allow for the reuse of an underutilized building in an established neighborhood on a street with existing city utilities. Analysis & Recommendation Commitments: No commitments at this time. Analysis: Although the Kennedy Park neighborhood plan calls for this parcel to be rezoned to U3, a rezoning to UF is also appropriate. In general, allowing for greater development intensity on this parcel makes sense considering its location directly across from the new Martin Luther King Jr. Dream Center. This center serves as a node for the Kennedy Park neighborhood, creating a great opportunity for increased density and activity that could bring more patrons to the center and put more eyes on the street in this area. The U3 and UF districts are very similar, with the main difference being that UF allows for some neighborhood -serving commercial uses -- like the use being proposed by the petitioner -- while U3 does not. Allowing for these types of businesses on this property is appropriate, as the neighborhood plan specifically calls for them surrounding the Dream Center. Although the plan directs these uses to the unused commercial buildings on Linden Avenue north of the center, this property is just across the street from those buildings and can also contribute to that goal. 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