HomeMy WebLinkAbout09-28-2026 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 28, 2026, 4:45 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
Others Present: Bianca L. Tirado, Jasmine Jackson,
Lari’onna Green, Veronica Pitt-Payne, Bob
Palmer
Presenters: Brian Killen, Mark Dellostritto, Tim Staub,
David Swaratsky, Ricky Davila, Charles
King III
Agenda: Update – Zoning Code Text Amendments (Committee Discussion Only)
Bill No. 56-26 - Special Exception at 1246
Howard Street
Bill No. 59-26 - Amending the Zoning Ordinance for Property Located at 227 College Street
Bill No. 62-26 - Amending the Zoning
Ordinance for Property Located at 3501
Blackthorn Court (Substitute)
Bill No. 63-26 - Amending the Zoning Ordinance for Property Located at 0 North Kaley Street
Members marked with an asterisk (*) are in virtual attendance via Microsoft Teams.
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Please note the attached link for the meeting recording:
https://docs.southbendin.gov/WebLink/Browse.aspx?dbid=0&repo=sbend&mediaid=414288
Committee Chair Oliver Davis called to order the Zoning and Annexation Committee meeting at
4:45 P.M.
Update – Zoning Code Text Amendments (Committee Discussion Only)
Brian Killen, Zoning Administrator, with offices on the fifth (5th) floor of City Hall, South Bend,
IN 46601, began the presentation. He stated that zoning staff will be presenting a preview of two
(2) text amendments proposed for the fall cycle. He noted that the zoning team has made efforts
to establish a regular cadence for zoning ordinance updates, and they are now introducing
amendments in the spring and fall. He said the team is nearly caught up on a backlog of
maintenance items such as making minor corrections and aligning intent. He said they hope to
present smaller packages of updates as more of these “quick fix” maintenance items are
addressed. He said the current bill includes approximately ten (10) “quick fix” items and twelve
(12) change improvements, with a set of specific improvements for the Northeast Neighborhood
Zoning Overlay (NNZO). He noted that next year, the zoning team will continue to look through
specific sections of the code to make improvements.
Mark Dellostritto, Zoning Specialist, with offices on the fifth (5th) floor of City Hall, South Bend,
IN 46601, presented the proposed changes to the NNZO. He noted that a lot of development has
happened in this area since the zoning ordinance was adopted in 2020. He explained that currently,
only new builds in the NNZO are required to follow its specific rules; renovations and expansions
are only encouraged to comply. He said the zoning team is proposing making these standards
mandatory for all new builds, renovations, and expansions in the NNZO. Additionally, the zoning
team is proposing a number of changes to align the NNZO rules with their actual intent. Currently,
the stoop or porch width for all buildings must be at least fifty percent (50%) of the overall
building width. He said this rule was intended to apply to lower-density buildings like single-
family homes and duplexes, not one-hundred-fifty (150) foot wide apartment buildings, and the
proposed amendment would specify that it only applies to these lower-density building types.
Similarly, there is a rule that requires all detached garages to have a roof style that matches the
primary building; this was intended for lower-density buildings, not apartment complexes, and
the proposed amendment would apply the rule to lower-density building types only. Next, he
noted that the current NNZO rules set a two (2)-vehicle maximum capacity for garages in
suburban neighborhood one (S1), urban neighborhood one (U1), and urban neighborhood two
(U2) zoning districts. The zoning team is proposing increasing this for garages that do not face a
street or open space to the City-wide maximum of four (4) vehicles. An NNZO rule prohibiting
street-facing window-mounted and wall-mounted air conditioning (AC) units was also removed
due to redundancy. Finally, he noted that NNZO rules currently prohibit trash cans in front and
corner yards, and the proposed amendment would allow them if they are screened by a fence or
landscaping and not visible from the street.
Committee Member Dr. Heidi Beidinger asked if the four (4)-car maximum garage capacity
means that garages could be four (4) stalls wide or if it refers to two (2)-car garages with a parking
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pad to accommodate two (2) additional vehicles.
Mark Dellostritto said it refers to the overall capacity for four (4) vehicles, and it only applies if
the garage is not facing the street. He confirmed that this would allow garages to be four (4) stalls
wide but noted that this would likely be uncommon due to established lot widths. He said higher
capacity garages would make sense for duplexes, and four (4) cars is the City-wide standard.
Committee Chair Dr. Davis asked how the public would be notified of the changes.
Mark Dellostritto replied that the proposed changes were developed in collaboration with the
Northeast Neighborhoods Revitalization Organization (NNRO). He said they have not yet done
any additional public engagement, but they can partner with neighborhood organizations to
disperse the information more broadly.
Committee Chair Dr. Davis asked if the zoning team has heard any opposition or concerns.
Mark Dellostritto stated that there was some back-and-forth discussion with the NNRO on the
garage capacity issue, but they ended in agreement regarding the change that is currently
proposed.
Committee Chair Dr. Davis asked if any concerns from neighbors remain unaddressed.
Mark Dellostritto said the zoning team is not aware of any other concerns. He noted that some of
the proposed changes, such as applying NNZO standards to renovations and expansions, are
things that neighborhood residents asked for.
Committee Vice Chair Rachel Tomas Morgan noted the duplicative rule about AC unit screening.
She asked Mark Dellostritto to clarify whether the proposed change removes the rule entirely or
only removes the duplicated language.
Mark Dellostritto confirmed that the rule exists elsewhere in the code and applies to the whole
City. He said the zoning team proposed removing it from the NNZO section because they do not
think it is necessary.
Committee Vice Chair Tomas Morgan asked for confirmation that the rule will remain in another
section of the code.
Mark Dellostritto confirmed that is correct.
Committee Vice Chair Tomas Morgan noted that the phrasing used in the presentation could be
easily misunderstood.
Mark Dellostritto acknowledged the ambiguity and clarified that the duplicated language is being
removed, not the rule itself.
Committee Member Karen L. White thanked the zoning staff for their transparency and clear
communication, noting that they have continued to come before Council with any proposed
updates following the 2020 zoning ordinance overhaul.
Citizen Member Stacey Odom asked Mark Dellostritto to clarify whether a three (3)-car garage
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facing the street would be allowed.
Mark Dellostritto confirmed that this scenario would not be allowed in S1, U1, and U2 zoning
districts. He stated that street-facing garages in these districts have a maximum capacity of two
(2) cars.
Council President Canneth Lee asked who is responsible for enforcing the rule prohibiting street-
facing window-mounted AC units.
Mark Dellostritto said it would go through the enforcement process for zoning violations.
Tim Staub, Zoning Specialist, with offices on the fifth (5th) floor of City Hall, South Bend, IN
46601, noted that they treat window-mounted AC units as temporary in nature, since they are
typically removed during colder months. He said the rule is intended more for wall-mounted units
that are permanently built into a structure.
Mark Dellostritto continued the presentation, moving on to proposed changes that are not specific
to the NNZO. He noted that six (6)-foot fences are not currently allowed by-right on corner lots,
and a lot of requests for these come through the Board of Zoning Appeals (BZA). He said the
zoning staff is generally comfortable with these requests, and most of them are approved by the
BZA. He explained that they are proposing an administrative approval process for this type of
variance, which would save time for both staff and residents. The next proposed change pertained
to allowable colors for gas station canopies. He said people frequently ask what colors are
considered “neutral”, and the amendment would explicitly identify white, light gray, and light
brown as allowable colors. Rules around accessory parking lots were also clarified, explicitly
limiting them to non-residential uses and requiring them to have the same zoning designation as
the primary property. The minimum lot size for vehicle sales and rental use was removed for
businesses that are completely indoors. Another proposed amendment would require trees that are
removed during development to be replaced with new trees. He noted that any tree species that is
invasive or included in the forester’s prohibited and undesirable tree list would not be subject to
the replacement requirement. The maximum height restriction for wireless communication towers
was removed to comply with state law, and the remaining changes involve fixing typos and
grammatical errors.
Committee Chair Dr. Davis asked if the zoning team has heard any resident concerns about the
proposed changes.
Mark Dellostritto confirmed that they have not. He noted that clarifying allowable canopy colors
should be helpful, since the zoning team hears this question a lot.
Committee Chair Dr. Davis asked where this question normally comes from.
Mark Dellostritto said they often hear it from sign companies that are seeking permits to put their
signs on canopies. He highlighted changes to the corner fence approval process as something that
will benefit staff and residents alike, noting that these requests currently go through BZA and are
almost always approved with very little neighborhood opposition. He said these requests will still
go through the Zoning Administrator, but the new process will reduce the time and cost for
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residents seeking this type of variance.
Committee Member Dr. Beidinger asked if the zoning ordinance regulates signage height.
Mark Dellostritto confirmed that it does, noting that the maximum allowable height depends on
the specific zoning district. He said the neighborhood center (NC) zoning district, which applies
to urban commercial corridors, has a maximum signage height of eight (8) feet. In more
autocentric parts of the City, the allowable height and allowable size is greater.
Committee Vice Chair Tomas Morgan asked Mark Dellostritto to review the standards for corner
yards.
Mark Dellostritto explained that prior to the 2020 zoning ordinance update, six (6)-foot closed
fences were allowed in corner yards. The current zoning ordinance only allows closed fences up
to three (3) feet and open fences up to (4) feet in corner yards. He noted that generally, property
owners with corner yards want a six (6)-foot closed fence. The current process requires property
owners to go before BZA to request this variance, and the proposed update would change this to
an administrative approval by the Zoning Administrator. He said the zoning team has developed
six (6) internal criteria to evaluate corner fence requests, including the length of the fence and
distance from the sidewalk. He said the administrative approval process would allow the zoning
staff to achieve their desired outcomes while saving applicants time and money.
Committee Member Dr. Beidinger asked for confirmation that someone could apply for a six (6)-
foot closed fence and have that approved.
Mark Dellostritto clarified that this proposed update only applies to corner yards. He explained
that the zoning ordinance has specific requirements for front, side, rear, and corner yards, with
“corner yards” referring to lots that are on a corner. He noted that six (6)-foot closed fences are
already allowed in side and rear yards on residential lots, but corner yards currently have the same
standards as front yards. He confirmed that front yard standards will not change, but six (6)-foot
closed fences would now be allowed in corner yards upon administrative approval.
Committee Chair Dr. Davis thanked the presenters and moved to the bills on the agenda.
Bill No. 56-26 - Special Exception at 1246 Howard Street
Tim Staub presented the bill. He stated that the petitioner is seeking a special exception to allow
a two (2)-unit side-by-side dwelling on a lot that is currently vacant. He said the petition is
consistent with the City's Comprehensive Plan and the 2022 Northeast Neighborhood Plan, which
calls for lower-density structures such as two (2)-unit dwellings along the edges of the Five (5)
Corners area.
David Swaratsky, Century Builders, 230 West Catalpa, Mishawaka, IN 46545, addressed the
Committee. He said the duplex would create a little more density in the neighborhood while
keeping its single-family character intact.
Committee Chair Dr. Davis held the public hearing, and nobody spoke.
Committee Vice Chair Tomas Morgan moved to send Bill No. 56-26 to the Committee of the
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Whole with a favorable recommendation, which was seconded by Committee Member White and
carried by a vote of six (6) ayes.
Bill No. 59-26 - Amending the Zoning Ordinance for Property Located at 227 College Street
Tim Staub presented the bill. He explained that the petitioner is seeking to rezone the property
from U1 to urban neighborhood flex (UF), to allow for a neighborhood wellness and nutrition
center in the existing structure. He noted that the 2022 Kennedy Park Neighborhood Plan
proposes an urban neighborhood three (U3) zoning designation for this parcel. He said the UF
and U3 zoning designations are similar, but UF allows for neighborhood-serving commercial
uses. He stated that greater development intensity is appropriate due to the property’s location
directly across the street from the MLK Dream Center.
Committee Chair Dr. Davis asked if the petitioner was present.
Tim Staub replied that the petitioner, Maurice Scott, should be joining online.
City Clerk Bianca Tirado stated that she did not see the petitioner online.
Committee Chair Dr. Davis asked Council Attorney Bob Palmer how to proceed.
Attorney Palmer advised that when the petitioner is not present, the Committee will hold a public
hearing and move the bill forward to the 7:00 P.M. meeting.
Committee Chair Dr. Davis held the public hearing, and nobody spoke.
Committee Member Dr. Beidinger asked whether the Committee may give favorable or
unfavorable recommendations when the petitioner is not present.
Committee Chair Dr. Davis confirmed that it is the preferred practice to move the bill forward
with no recommendation.
Committee Member White asked if the petitioner could be contacted to ensure that he will be
present at the 7:00 P.M. meeting.
Clerk Tirado confirmed that this is a standard practice of the Clerk’s Office.
Committee Member Tomas Morgan moved to send Bill No. 59-26 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.
Bill No. 62-26 - Amending the Zoning Ordinance for Property Located at 3501 Blackthorn
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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Court (Substitute)
Committee Member White moved to accept the substitute bill, which was seconded by Committee Member Dr. Beidinger and carried via a vote by voice.
Mark Dellostritto presented the bill. He said the petitioner is requesting to rezone a vacant lot on the edge of the Blackthorn Office Park from neighborhood center (NC) to commercial (C) to allow for the development of an extended-stay hotel. He explained that the office park parcels were originally zoned “office” under the old zoning ordinance, and they were redesignated as NC following the zoning ordinance update in 2020. He said the built form of the existing office
buildings reflects a more commercial style of development with parking located in the front. He noted that the zoning staff have requested written commitments to ensure the property remains in character with the surrounding suburban environment. The written commitments prohibit certain types of commercial uses including drive-through facilities, gas stations, retail service general, vehicle sales and rental, vehicle service major, and vehicle service minor. The written
commitments also prohibit off-premise signs on the site.
Ricky Davila, Abonmarche Consultants, 315 West Jefferson Boulevard, South Bend, IN 46601,
spoke on behalf of the petitioner. He said the proposed development is a one-hundred-twenty-
four (124) room, four (4)-story extended-stay hotel. He noted that hotel use is allowable in the
NC zoning district, but after considering multiple design iterations, the zoning staff ultimately
recommended rezoning to allow for a site plan that is more consistent with the layout of the
existing office park.
Committee Chair Dr. Davis held the public hearing, and nobody spoke.
Committee Vice Chair Tomas Morgan moved to send Substitute Bill No. 62-26 to the Committee
of the Whole with a favorable recommendation, with written commitments. The motion was
seconded by Committee Member Dr. Beidinger and carried by a vote of six (6) ayes.
Bill No. 63-26 - Amending the Zoning Ordinance for Property Located at 0 North Kaley
Street
Tim Staub presented the bill. He said the petitioner is requesting to rezone four (4) parcels from
U1 to U3 to allow for the construction of eleven (11) units of senior housing in a cottage court
design. He noted that the parcels have been vacant since they were originally platted and have
never been developed. He stated that the petition is consistent with the City's Comprehensive
Plan, which calls for a variety of housing types and care choices for seniors and disabled persons.
He said the proposed project would provide infill and is consistent with the medium-density
development pattern called for in the area.
Charles King III, Petitioner, 2705 Marquette Boulevard, South Bend, IN 46628, addressed the
Committee. He said his church’s vision for the project is to provide infill housing and help seniors
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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who need support.
Committee Chair Dr. Davis asked how many people the project would serve.
Charles King III replied that each unit would be big enough to house two (2) adults. He said most
of the units are one (1)-bedroom, and one (1) of the units is two (2)-bedroom.
Committee Member White expressed excitement for the project and said the City needs additional
housing for seniors. She asked if there would be a community space or common area.
Charles King III confirmed that the church’s café and fellowship hall will be utilized as a
community space for residents. He said they intend to host engagement events, special dinners,
and provide weekly food assistance for residents.
Committee Member White expressed gratitude.
Committee Vice Chair Tomas Morgan asked Charles King III to speak about his history with
development.
Charles King III described himself as a fledgling developer and said that he has great mentors and
a great contractor. He also credited his wife for helping him through the process.
Committee Vice Chair Tomas Morgan noted that there is a strong community of entrepreneurs
and small-scale developers in the City, and there is support available.
Citizen Member Odom asked if the finished construction would look like the renderings.
Charles King III confirmed that those are conceptual images of the final design.
Citizen Member Odom remarked positively on the design.
Committee Member Dr. Bedinger expressed support for the project. She asked whether the church
is the only financial backer or if there are any other investors.
Charles King III confirmed that the church is the primary financial backer. He added that they
would gladly accept any donations.
Council President Lee expressed excitement for the project, noting that it is in the First (1st)
District and it has been a long-time vision for the church. He expressed his full support.
Committee Chair Dr. Davis held the public hearing, and nobody spoke.
Committee Member Tomas Morgan moved to send Bill No. 63-26 to the Committee of the Whole
with a favorable recommendation, which was seconded by Citizen Member Odom carried by a
vote of six (6) ayes.
Clerk Tirado noted that the petitioner for Bill No. 59-26, Maurice Scott, is now present online.
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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Committee Chair Dr. Davis asked Attorney Palmer if the petitioner should be permitted to speak.
Attorney Palmer said that would be at the discretion of the Chair.
Committee Chair Dr. Davis invited the petitioner to speak, noting that there is sufficient time
remaining and the public hearing has already been held.
Maurice Scott, 2216 South Main Street, South Bend, IN 46613, addressed the Committee. He
apologized for missing the presentation and noted that he is currently traveling. He said the
rezoning is for a health and wellness center across the street from the MLK Dream Center. He
stated that his son is the catalyst behind the project and will oversee its operations. He said the
center would offer individual wellness coaching, shakes, wellness drinks, and retail merchandise.
Clerk Tirado asked Maurice Scott if he would be available to speak at the 7:00 P.M. meeting.
Maurice Scott said he would not be able to attend. He asked if his son would be allowed to speak
on his behalf.
Committee Chair Dr. Davis confirmed that Maurice Scott Jr. may speak as petitioner at the 7:00
P.M. meeting. He asked Attorney Palmer whether the Committee should give a recommendation
on the bill and hold another vote.
Attorney Plamer advised that the petition was already sent forward with no recommendation, and
the Committee can vote on a recommendation at the 7:00 P.M. meeting.
Committee Chair Dr. Davis agreed.
With no further business, Committee Chair Dr. Davis adjourned the Zoning and Annexation
Committee meeting at 5:40 P.M.
Respectfully Submitted,
Dr. Oliver Davis, Committee Chair