HomeMy WebLinkAbout09-14-2026 Zoning and Annexation Committee Minutes
OFFICE OF THE CITY CLERK
BIANCA L. TIRADO, CITY CLERK
INTEGRITY | SERVICE | ACCESSIBILITY
Jasmine Jackson Matthew Neal Veronica Pitt-Payne
CHIEF DEPUTY CITY CLERK / CHIEF OF STAFF DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS
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300 City Hall | 215 S. Dr. Martin Luther King Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov
ZONING AND ANNEXATION SEPTEMBER 14, 2026, 5:00 P.M.
Committee Members Present: Dr. Heidi Beidinger, Karen L. White, Kay
Farlow, Stacey Odom, Rachel Tomas
Morgan, Dr. Oliver Davis
Committee Members Absent: None
Other Council Present: Canneth Lee, Ophelia Gooden-Rodgers,
Sheila Niezgodski, Sherry Bolden-Simpson
Others Present: Bianca L. Tirado, Matthew Neal, Jasmine
Jackson, Lari’onna Green, Veronica Pitt-
Payne, Bob Palmer
Presenters: Jenna Throw, Michael Divita, Troy Warner,
Tim Staub, Elissa Gunsorek, Terry Lang
Agenda: Bill No. 53-26 - Amending Chapter 21 of the South Bend Municipal Code to Implement a Special Exception for Short-Term Rentals
Substitute
Bill No. 55-26 - Special Exception at 1245 Corby Boulevard
Bill No. 56-26 - Special Exception at 1246 Howard Street
Bill No. 57-26 - Special Exception at Lot 17
as Shown on the North Sunnyside Second Addition Recorded Plat
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/WebLink/Browse.aspx?dbid=0&repo=sbend&mediaid=413625
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300 City Hall | 215 S. Dr. Martin Luther King Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov
Committee Chair Oliver Davis called to order the Zoning and Annexation Committee meeting at
5:06 P.M.
Bill No. 53-26 - Amending Chapter 21 of the South Bend Municipal Code to Implement a
Special Exception for Short-Term Rentals Substitute
Committee Chair Dr Daivs moved to accept the substitute version of the bill. The motion was
carried via a vote by voice.
Jenna Throw, City Attorney, with offices on the sixth (6th) floor of City Hall, South Bend, IN
46601, presented the bill. She explained that Substitute Bill No. 53-26 establishes a special
exception in the zoning code for newly established non-owner-occupied short-term rentals (STRs)
only. Existing STRs operating at the time of the ordinance's effective date would be considered
legal non-conforming and are not required to obtain a special exception, and owner-occupied
STRs are excluded from the special exception requirement by state statute. Special exceptions
would require a valid permit, and the property must meet four (4) established criteria: that the
proposed use will not be injurious to public health, safety, comfort, or general welfare; will not
adversely affect the use or property values of adjacent properties; is consistent with the character
of the district; and is compatible with the City's comprehensive plan. She noted that these are the
same four (4) criteria used for all special exceptions, and state law prohibits using the special
exception to prohibit or unreasonably restrict STRs.
Committee Chair Dr. Davis asked how long legal non-conforming properties could remain
inactive as STRs before losing legal non-conforming status.
Attorney Throw confirmed that there is a concept of abandonment, and legal non-conforming
properties that do not obtain a permit and are not used as STRs for a long enough period of time
could be considered to have abandoned the use. She said this time period is typically one (1) year,
and there needs to be demonstrated intent to abandon the use. She said failure to obtain a permit
could be considered intent to abandon.
Committee Vice Chair Rachel Tomas Morgan asked for a brief summary of the new “hotel” use.
Michael Divita, Assistant Director of Planning, with offices on the fifth (5th) floor of City Hall,
South Bend, IN 46601, explained that “hotel” and “bed and breakfast” uses currently exist in the
zoning ordinance, and the bill introduces STR as a new use. He said the “bed and breakfast” use
is basically obsolete, and the proposed changes would reclassify the few existing bed and
breakfasts in the City as small-scale hotels under “hotel” use.
Committee Chair Dr. Davis opened the public hearing.
Matt Barrett, 110 South Niles Avenue, South Bend, IN 46617, noted the changes to the substitute
bill and asked what the effective date of the ordinance would be.
Attorney Throw replied that the substitute was filed earlier in the day to change the effective date
to January 1, 2027.
Maggie McShane, Indiana Association of Realtors, 5923 Washington Boulevard, Indianapolis,
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300 City Hall | 215 S. Dr. Martin Luther King Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov
IN 46220, spoke against the bill. She expressed concern that the uncertainty in the special
exception process would deter prospective buyers and result in a de facto ban on STRs. She said
the real estate community needs a better understanding of the timeframe and grounds for approval
or denial, and they are asking for a thirty (30) day pause for further discussion.
John De Souza, President of Cressy & Everett Real Estate, 1234 Oak Ridge Drive, South Bend,
IN 46617, spoke against the bill. He expressed concern that the requirement would create a de
facto ban and said real estate agents would be required to disclose to buyers that properties within
City limits carry a layer of STR-related restriction that does not exist in neighboring communities.
Jen Arizmendi, Board President of South Bend Area Realtors, 60866 Whispering Hills Drive,
South Bend, IN 46614, spoke against the bill. She asked if the City has considered the potential
ripple effect of this regulation on the housing market. She said they are asking for a pause for
further conversation about this.
Committee Chair Dr. Davis closed the public hearing.
Committee Member Dr. Heidi Beidinger acknowledged concerns about the special exception
process and asked Attorney Throw to provide clarification.
Attorney Throw explained that a property owner would file a special exception application with
the Zoning Department, which would review the application against four (4) established criteria:
that the proposed use will not be injurious to public health, safety, comfort, or general welfare;
will not adversely affect the use or property values of adjacent properties; is consistent with the
character of the district; and is compatible with the City's comprehensive plan. The zoning staff
would then provide a written recommendation to the Board of Zoning Appeals (BZA). The BZA
would then hold a public hearing and issue a recommendation to the Council. She said the bill
weaves STRs into the established special exception process as a new type of land use. She asserted
that the regulation is not a ban on STRs, since state law prohibits the City from using it as such,
and the City may not interpret or enforce zoning regulations in a way that unreasonably restricts
STRs.
Committee Vice Chair Tomas Morgan noted that state law explicitly authorizes municipalities to
use special exceptions for STRs. She asked Attorney Throw to address concerns about turnaround
time.
Attorney Throw said the City works to ensure the turnaround time for special exceptions is as
quick as possible, and they are filed for first (1st) reading as soon as the applications are received.
She noted that special exceptions are typically passed by the Council one (1) week after their
BZA hearing. She said there are opportunities to expedite the special exception process if the
seller approaches the City about land use prior to the sale.
Committee Chair Dr. Davis acknowledged the concerns of the real estate community. He asked
why the bill should be passed now if the effective date is not until January 1, 2027.
Troy Warner, Mayor’s Chief of Staff, with offices on the sixth (6th) floor of City Hall, South
Bend, IN 46601, explained that he has been in communication with the real estate community
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300 City Hall | 215 S. Dr. Martin Luther King Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov
since July 11, and they were sent a presentation on the bill from Attorney Throw and the zoning
staff on August 28. He suggested moving the bill forward for further discussion at the 7:00 P.M.
meeting, since more residents are planning to come forward to speak at that time.
Committee Chair Dr. Davis asked what concerns from the real estate community remain
unaddressed.
Attorney Throw said she is unaware of any concerns beyond the scope of what has been shared
tonight.
Committee Chair Dr. Davis asked how quickly the concerns raised tonight can be worked through.
He asked if there is a reason why they should not wait another two (2) weeks.
Attorney Throw said concerns about the nature of the special exception process itself cannot be
resolved through discussion or compromise. She said City staff work to expedite the process as
much as possible, but it takes the amount of time that it takes.
Committee Chair Dr. Davis asked Maggie McShane to elaborate on the issues she is asking for
more time to address.
Maggie McShane replied that many of her questions were only answered this morning. She asked
if the special exception follows the property or the property owner. She said they did not expect
to hash out all of their hypothetical questions before the Committee, and extra time would allow
for offline discussions.
Committee Chair Dr. Davis said there is a compelling case for additional time. He asked John De
Souza to elaborate on his concerns.
John De Souza expressed concern that neighbors could speak against special exceptions before
the BZA by citing concerns about unrelated STR properties in other communities.
Committee Chair Dr. Davis thanked John De Souza for the clarification.
Committee Vice Chair Tomas Morgan said this is not any different from Council approving
duplexes. She noted that there are established standards, and the Council approves special
exceptions, not the BZA. She asked Attorney Throw to address the question about special
exceptions running with the property.
Attorney Throw confirmed that special exceptions would run with the property. She explained
that with other zoning matters, a seller will often request a zoning change in anticipation of a sale,
and this helps expedite the process.
Committee Vice Chair Tomas Morgan stated that she thinks it is important to move the bill
forward to the 7:00 P.M. meeting.
Committee Vice Chair Tomas Morgan moved to send Substitute Bill No. 53-26 to the Committee
of the Whole with no recommendation, which was seconded by Committee Member Dr.
Beidinger and carried by a vote of six (6) ayes.
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300 City Hall | 215 S. Dr. Martin Luther King Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov
Bill No. 55-26 - Amending the Zoning Ordinance for Property Located at 626 Allen Street
and 630 Allen Street
Tim Staub, Zoning Specialist, with offices on the fifth (5th) floor of City Hall, South Bend, IN
46601, presented the bill. He said the petitioner is requesting a special exception to allow a two
(2)-unit side-by-side dwelling on this parcel. He showed current images of the site and proposed
design renderings. He stated that the petition is consistent with the City's comprehensive plan and
with the 2022 Northeast Neighborhood plan, which calls for a mixture of densities in the Five (5)
Corners area.
Committee Chair Dr. Davis held the public hearing, and nobody spoke.
Councilmember Ophelia Gooden-Rodgers asked about the location.
Tim Staub said the property is located on the eastern fringe of the Five (5) Corners area, directly
east of Trader Joe’s, where other duplexes have been built recently.
Committee Vice Chair Tomas Morgan asked if there is an existing structure on the parcel.
Tim Staub confirmed that is correct.
Committee Vice Chair Tomas Morgan asked if that structure would be demolished.
Tim Staub confirmed that is correct.
Committee Vice Chair Tomas Morgan asked if the petitioner is here to speak.
Elissa Gunsorek, Petitioner, 7821 Morse Road, New Albany, OH 43054, addressed the
Committee. She said she has done a couple of projects in the area, and this will be of similar build
quality. She said she has had a very successful working relationship with the City.
Committee Member Dr. Beidinger asked about the development company.
Elissa Gunsorek replied that her company does both the development and the building.
Committee Member Dr. Beidinger asked the petitioner about her other properties in the City.
Elissa Gunsorek said her company has completed other duplexes on Corby of similar style and
scale. She added that they acquired the building at the corner of Michigan and Wayne, and they
intend to redevelop it into a mixed-use building with retail space on the first (1st) floor and
apartments on floors two (2) through four (4).
Committee Vice Chair Tomas Morgan asked if there were any comments from neighbors at the
BZA hearing.
Tim Staub stated that there were not.
Committee Chair Dr. Oliver Davis – Aye Committee Vice Chair Rachel Tomas Morgan – Aye
Committee Member Karen L. White – Aye Committee Member Dr. Heidi Beidinger – Aye
Citizen Member Stacey Odom – Aye Citizen Member Kay Farlow – Aye
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300 City Hall | 215 S. Dr. Martin Luther King Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov
Committee Vice Chair Tomas Morgan expressed concern about demolishing a home when there
is a need for small starter homes in the community. On the other hand, she acknowledged that the
duplex would provide an additional housing unit in the lot.
Committee Member Dr. Beidinger echoed Committee Member Tomas Morgan’s comments. She
said these are not easy decisions to make.
Committee Member Dr. Beidinger moved to send Bill No. 55-26 to the Committee of the Whole
with a favorable recommendation, which was seconded by Committee Vice Chair Tomas Morgan
and carried by a vote of six (6) ayes.
Bill No. 56-26 - Special Exception at 1246 Howard Street
Tim Staub presented the bill. He said the petitioner is requesting a special exception to allow a
two (2)-unit side-by-side dwelling on this lot, which is currently vacant. He stated that the petition
is consistent with the City's comprehensive plan and with the 2022 Northeast Neighborhood plan,
which calls for a mixture of densities in the Five (5) Corners area. He noted that the petitioner is
not present to speak.
Council Attorney Bob Palmer advised that when the petitioner is not present, the Committee will
hold a public hearing and move the bill forward with no recommendation.
Committee Chair Dr. Davis held the public hearing, and nobody spoke.
Committee Member Dr. Beidinger moved to send Bill No. 56-26 to the Committee of the Whole
with no recommendation, which was seconded by Committee Member Karen L. White and
carried by a vote of six (6) ayes.
Bill No. 57-26 - Special Exception at Lot 17 as Shown on the North Sunnyside Second
Addition Recorded Plat
Tim Staub presented the bill. He stated that the petitioner is seeking a special exception to allow a two (2)-unit dwelling on a vacant lot located behind an existing parcel on Bissell Street. He explained that the property was formerly used as part of the adjacent owner's backyard and has
been legally split into a developable lot. He stated that the petition is consistent with the City's
comprehensive plan and the 2022 Northeast Neighborhood plan. He noted that it would diversify the housing stock while maintaining low density in the area.
Terry Lang, Project Manager at Wightman, 1402 Mishawaka Avenue, South Bend, IN 46615,
spoke on behalf of the petitioner. He stated that the original lot owner no longer wished to
Committee Chair Dr. Oliver Davis – Aye Committee Vice Chair Rachel Tomas Morgan – Aye
Committee Member Karen L. White – Aye Committee Member Dr. Heidi Beidinger – Aye
Citizen Member Stacey Odom – Aye Citizen Member Kay Farlow – Aye
Committee Chair Dr. Oliver Davis – Aye Committee Vice Chair Rachel Tomas Morgan – Aye
Committee Member Karen L. White – Aye Committee Member Dr. Heidi Beidinger – Aye
Citizen Member Stacey Odom – Aye Citizen Member Kay Farlow – Aye
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300 City Hall | 215 S. Dr. Martin Luther King Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov
maintain the double lot and sold the parcel to a buyer who intends to build a duplex. He said the
proposed duplex will comply with all City standards.
Committee Chair Dr. Davis held the public hearing, and nobody spoke.
Committee Vice Chair Tomas Morgan moved to send Bill No. 57-26 to the Committee of the
Whole with a favorable recommendation, which was seconded by Committee Member Dr.
Beidinger and carried by a vote of six (6) ayes.
With no further business, Committee Chair Dr. Davis adjourned the Zoning and Annexation
Committee meeting at 6:21 P.M.
Respectfully Submitted,
Dr. Oliver Davis, Committee Chair
Committee Chair Dr. Oliver Davis – Aye Committee Vice Chair Rachel Tomas Morgan – Aye
Committee Member Karen L. White – Aye Committee Member Dr. Heidi Beidinger – Aye
Citizen Member Stacey Odom – Aye Citizen Member Kay Farlow – Aye