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Home My WebLink About13-17 Zoning- Amendment for Zoning Ordinance at S/E corner of Cotter and Kendall Streets:W: 92 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 11 +0 COUNTY CITY BUILDING, SOUTH BEND, INDIANA +6601 (S74) 235 -9571 April 19, 2017 South Bend Common Council 4a' Floor, County -City Building South Bend, IN 46601 RE: APC# 2817 -17 Bill # 13 -17 Rezoning: Southeast corner of Kendall and Cotter Streets Dear Council Members: Filed in Clerk's Office APR 10 2017 KAREEMAh FOWLER CITY CLERK, SOUTH BEND, IN The Area Plan Commission held a public hearing on April 18, 2017 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, April 24, 2017. Ordinance & Petition Amendments: The following changes have been made to the above referenced petition: None Public Hearing Summary: There was nobody to speak in favor /opposition to the proposed rezoning. If you have any further questions, please feel free to contact me at (574) 235 -9571. Y ilrel y, M. Stanton, Jr. Planner CC: Aladean DeRose SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W S T I o 5 E P H C O U N T Y 1 N D 1 A N A . C O M l A R E A P L A N LAWRENCE P. MAGLIOZZI FXF('IITIVF DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST_ JOSEPH C(DUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CI I Y BUILDING, S i ilea UTHffiEN1), l Lier��s IJ 01 (57 ) 235 -9571 ce Wednesday, April 19, 2017 The Honorable Council of the City of South Bend APR 19 2017 4th Floor, County -City Building KAREEMAH FOWLER South Bend, IN 46601 CITY CLERK, SOUTH BEND, IN RE: A proposed ordinance of Martin's MO LLC to zone from PUD Planned Unit Development District to LI Light Industrial District, property located at the southeast corner of Cotter and Kendall Street, City of South Bend - APC# 2817 -17. Dear Council Members: I hereby Certify that the above referenced ordinance of Martin's MO LLC was legally advertised on April 6, 2017 and that the Area Plan Commission at its public hearing on April 18, 2017 took the following action: Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, a proposed ordinance of Martin's MO LLC to zone from PUD Planned Unit Development District to LI Light Industrial District, property located at the southeast corner of Cotter and Kendall Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation, subject to the written commitments shown in Exhibit A as filed with the petition. Rezoning this site to LI Light Industrial will allow for the expansion of an existing business in a manner that is consistent with the intent and design established for Ignition Park. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerel , Lawrence P. Magliozzi Attachment CC: Martin's MO LLC City of South Bend Department of Community Investment, C/O Tim Corcoran SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. 5 1 C I N D I A N A. C 0 M/ 3 0 6 1 . r e. - p l a n Staff Report APC # 2817 -17 Owner: Martin's MO LLC Location: the southeast corner of Cotter and Kendall Street Jurisdiction: City of South Bend Public Hearing Date: 4/18/2017 Requested Action: 4/6/2017 Filed in Clerk's Office E APR '19 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN The petitioner is requesting a zone change from PUD Planned Unit Development District to LI Light Industrial District. Land Uses and Zoning: On site: On site is a vacant lot. North: To the north across Cotter is Ignition Park, zoned PUD Planned Unit Development District. East: To the east is Data Realty, zoned PUD Planned Unit Development South: To the south is a vacant lot, zoned LI Light Industrial District. West: To the west, across Kendall is the Martin's Corporate Headquarters, zoned GI General Industrial. District Uses and Development Standards: The LI Light Industrial District is established to provide for development of office /warehouse, warehouse /distribution, wholesale, assembly and manufacturing or processing facilities which are clean, quiet, free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Permitted uses in this district tend to generate heavy traffic, require extensive community facilities, and may require limited amounts of outdoor storage. The LI District is also intended to function as a transitional district between the more intense general industrial districts and other less intense districts. Site Plan Description: This 2.83 acre site is currently vacant. The preliminary site plan does not show any development, but will need to meet all the development standards for the LI Light Industrial District. Zoning and Land Use History And Trends: In 2010, this area was rezoned from General Industrial to PUD Planned Unit Development for the Ignition Park PUD. The PUD was updated in 2013. Traffic and Transportation Considerations: Cotter, Kendall, and Ignition Drive each have 2 lanes. Utilities: The site will be served by municipal water and sewer Agency Comments: Community Investment offers a favorable recommendation. The rezoning is consistent with the industrial land use shown on the City Plan Future Land Use Map and would allow Martin's the flexibility to expand its existing corporate headquarters /distribution center. APC # 2817 -17 Page 1 of 3 Staff Report Analysis: 4/6/2017 Rezoning this site to LI Light Industrial will allow for the expansion of an existing business in a manner that is consistent with the intent and design established for Ignition Park. APC # 2817 -17 Page 3 of 3 qREZONING Road in Clerk's Officc-, ? 0 17 I r1wC R t 44 Cotter dip.. c CL , 5F, '7711 K-1 -i YoTfeek- UO VV NA 'S In diar a I - AL - LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Drl),Iy DlrccI,, AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 11 +0 COUNTY -CIT1 BUILDING, SOUTH BEND, INDIANA +6601 (57+) 235 -9571 March 6, 2017 South Bend Common Council 4t` Floor, County -City Building South Bend, IN 46601 RE: Southeast corner of Cotter and Kendall Streets APC #2817 -17 Dear Council Members: Filed in Clerk's Office MAR 0 8 2017 a w KAREEMAH FOWLER 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 March 13, 2017 Council meeting, and set it for public hearing at your April 24, 2017. Council meeting. The petition is tentatively scheduled for public hearing at the April 18, 2017 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, Dav Stanton, Jr. Planner CC: Adriana Rodriguez SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND —WW. S T J OS E P H CO U N T Y I N D I ANA. C 0 M/ A REAP LAN ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT SOUTHEAST CORNER OF COTTER AND KENDALL STREETS, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Expansion of corporate headquarters- distribution center and related uses NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is 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: Lot 3 of Ignition Park Major Subdivision, Section 1 be and the same is hereby established as LI Light Industrial District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication, and full execution of any conditions or Commitments placed upon the approval. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. City Clerk Approved and signed by me on the day of o'clock . M. Mayor, City of South Bend, Indiana 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED ,2 ,at Filed in Clerk's Office MAR 0 8 2011 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN EXHIBIT "A" Filed in Clerk's Office APR 19 2017 KAREEMAH FOWLER CITY CLERK, SOUTH SEND, IN COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL, ZONE MAP CHANGE OR PLANNED UNIT DEVELOPMENT REQUIRED BY THE CITY OF SOUTH BEND ZONING ORDINANCE In accordance with I.C. 36 -7 -4 -1015, the Owner of the real estate located in St. Joseph County, Indiana which is described below, makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: Lot 3 of Ignition Park Major Subdivision, Section 1 STATEMENT OF COMMITMENTS: Permitted Uses: Primary uses for the rezoned area will be limited to the following: Educational Use: School — Commercial, Trade, Industrial or Business, limited to adults ages 18 and over. Consistent with applicable law, this limitation regarding schools shall not limit the Company's ability to employ interns, from time to time, who are under age 18. Food Sales & Service: Cafeteria/Delicatessen. Industrial Uses: Assembly or blending of previously manufactured parts, sub - assemblies or components; Cleaning, testing or repairing of goods, materials or products; Data processing or analysis; Engineering or research laboratories; Manufacture, processing, refining or fabrication of goods, materials or products; warehousing; wholesaling; distribution centers. Office / Professional Services: Construction Companies (any type, office only); Contractors (any type, office only); Corporate Headquarters (office only); Manufacturers Representative. Public Facilities: Parking Lot — Commercial. Utilities: Public Utility Substation. I LED XIAR 01 2017 RrA Pt.. X119 COPNNUSSION 1T, I INN ag�� 2. Architectural Standards: Any addition to an existing building will utilize building materials that are compatible and harmonious with the materials used on the existing building. Any new construction of a primary building or major addition to an existing building will utilize building materials and design that is compatible with buildings within Ignition Park. For any new construction of a primary building or major addition to an existing building, each facade will employ at least three different materials, each covering a minimum of twenty percent (20 %) of the total surface area of the facade. The three materials to be used on the facade will be a combination of any of the following: • Metal panel (aluminum, zinc, copper, steel, etc.), • Solid resin material suitable for exterior construction (Trespa or similar), • Brick or brick masonry units, • Glazed concrete masonry units, • Natural or cast stone (limestone, granite, marble, sandstone, etc.), • Glass curtainwall, • Exposed concrete (architectural precast) with architectural patterning and /or textures, • Terra cotta and/or clay tile rain- screen systems. Building Height: The height for any building will be no more than ninety (90) feet above grade. 4. Parking and Loading Areas: Any off - street parking or off - street loading area will be located no less than fifty (50) feet from the right -of -way line of Ignition Circle or Ignition Drive South. Any off - street loading area will be located no less than fifty (50) feet from the right -of -way line of Cotter Street. 5. Screening of Parking and Loading Areas: Any parking or loading areas will be effectively screened from view from the right -of -way line of Ignition Circle or Ignition Drive South through the use of buildings, screen walls, landscaping, landscaping berms, or combination thereof. 6. Mechanical Equipment: Any mechanical equipment (e.g., HVAC systems and related components; pedestals for electrical, telephone or cable service; above - ground water and gas utility meters; and the like) will be screened as follows: • Roof Mounted — Any roof mounted mechanical equipment will be screened based on an elevation view of the building on all sides. • Ground Mounted — Any ground mounted mechanical equipment will be screened on all sides by the building; screen walls or fences of a material and color which is compatible with the primary building; or, evergreen or densely twigged hedge plants (with or without mounding) of a height at time of planting which is not less than the height of the mechanical equipment to be screened. g r. E G #' 1 ARE__ -A, PLAN CaMNUSSION Outdoor Operations and Storage: Any uses and operations, except for off - street parking and off - street loading and delivery, will be conducted within completely enclosed buildings. 8. Fences: No fences will be placed between the front facade of the primary building and the front lot line or in a required side yard. Any fences in a required rear yard will not exceed six (6) feet in height above grade. Signs: No off - premise signs will be installed. Any freestanding identification sign(s) will be limited to a monument sign. The number, surface area, setback, height, and other standards for any on- premise signs will be in compliance with the GI District standards in the City of South Bend Zoning Ordinance. 10. Lighting/Dark Sky Compliance: Other than any low intensity / low output architectural or accent lighting (including ground mounted up- lighting), any outdoor lighting fixtures, including freestanding or wall fixtures, will be full cutoff as defined by the City of South Bend Zoning Ordinance. 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 Area Plan Commission of St. Joseph County made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the approval of petition # 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 Area Plan Commission of St. Joseph County. These COMMITMENTS may be enforced jointly or severally by: The Area Plan Commission of St. Joseph County; 2. The City of South Bend, Indiana; 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 4. The City of South Bend Attorney, Zoning Administrator, appropriate enforcement official, and other specially affected persons designated in such commitments. ' E LED g The undersigned hereby authorizes the Executive Director of the Area Plan Commission of St. Joseph County to record this Commitment in the Office of the Recorder of St. Joseph County, Indiana, upon final approval of petition # IN WITNESS WHEREOF, Owner has executed this instrument this — day of , Martin's MO LLC By Printed Title Fa -. i� � m E�i 'It 0 _ 7 0' 7 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 , Signature Printed County of Residence My Commission expires: This instrument was prepared by F ) E�i�? 0 r7 PETITION FOR ZONE MAP AMENDMENT CiN ofSouth Bend. Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Southeast corner of Cotter and Kendall Streets South Bend, IN 46601 2) The property Tax Key Number(s) is /are: 018 - 8021 - 084905 3) Legal Descriptions: Lot 3 oflgnition Park Major Subdivision, Section I 4) Total Site Area: 2.83 acres +/- 5) Name and address of property owner(s) of the petition site: Martin's MO LLC c% Martin's Super Markets, Inc., Manager Attention: Gregory L. Freehauf PO Box 2709 South Bend, IN 46680 -2709 (574) 239 -1818 g freehauf@martins- supermarkets. com Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Name Address City, State Zip Code Phone number with Area Code E -Mail Address Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: Filed in Clerk's Office MAR 08:2017], KKAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN iLEO AREA PLAN ,coM^(�1MtSSION APPUCAT!0N From: PUD Planned Unit Development District Additional zoning district, if applicable To: LI Light Industrial District 8) This rezoning is requested to allow the following use(s): Expansion of corporate headquarters - distribution center and related uses IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) List each variance being requested. (None) 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: Insert text (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: Insert text €� a 0000 = d x c y � 1441 � � H C x H td t4 tv[J C] z o a � 5 z 0 0 z zjx oz zK .D O .'D O py °N H u c [s! m v 'b N Z R/W UNE I C/1 KENDAU STREET 50 R/W _—_—_—_—_—_—_—_—_—_—_—_____--- Q IF $ R/W LINE CD g— M a r z .eo co H �, C— — -------------------- -- I — — ------------------------ tv o - - - - -- — `� I eA m l l m z:0 T o1 1 i I I I o m \ o \ 0 10 Or R/W LINE - -- - - -- C/1. IGMTIDN DRIVE SOU7N 100• R/w - -_ -�- / R/W UNE �c I m IF CD g— M a r O4 N ti ox co H Fn tv o m z:0 o ip PETITION FOR ZONE MAP AMENDMENT CiU ofSouth Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Southeast corner of Cotter and Kendall Streets South Bend, IN 46601 2) The property Tax Key Number(s) is /are: 018 - 8021 - 084905 3) Legal Descriptions: Lot 3 of Ignition Park Major Subdivision, Section I 4) Total Site Area: 2.83 acres +/- 5) Name and address of property owner(s) of the petition site: Martin's MO LLC c% Martin's Super Markets, Inc., Manager Attention: Gregory L. Freehauf PO Box 2709 South Bend, IN 46680 -2709 (574) 239 -1818 gfreehauf@martins-supermarkets.com Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Name Address City, State Zip Code Phone number with Area Code E -Mail Address Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: From: PUD Planned Unit Development District Additional zoning district, if applicable To: LI Light Industrial District 8) This rezoning is requested to allow the following use(s): Expansion ofcorporate headquarters - distribution center and related uses IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) List each variance being requested. (None) 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: Insert text (b) The'use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: Insert text