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Home My WebLink About10503-17 Amending the zoning ordinance for property located at Southeast corner of Cotter and Kendall Streets ORDINANCE No . 10503-17 Passed by the Common Council of the City of South Bend, Indiana April 24, 20 17 Attest: City Clerk Attest: President of Common Council Presented by me a Mayor of the City of South Bend, Indiana April 25, 2017 City Clerk Approved and signed by me cc 20 1_ Majw 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, of appliGabl , attached as Ex SECTION III. This ordinance shall be i nd effect f om and after its passage by the Common Council, approval the ayo , leg ublica ion, and full execution of any conditions or Commitments ace on the -2 1 pro I. e er o the ommon Council Attest: City Clerk Presented by ,me to the Mayor of the City of South Bend, Indiana on the day of (,I - , 2C?1'7, at 11 : 1 o'clock It_: m. City Clerk Approved and signed by me on the CQ 1 h day of , 2 0)'7, at d o'clock vii, m. Mayor, City of So B Indiana Filed in Clerk's Office 1st READING 3 1 �b `l APR 242017 PUBLIC ;.,. 'N;G A+17-4111 3 rd RE tV :: LV/2A 1 1' 1 KAREEMAH FOWLER NOT APa,�c+:D CITY CLERK,SOUTH BEND,IN REFERRED bj 13 f I Cj PASSED 112-3111 Filed in Clerk's Office APP 19 2017 EXHIBIT "A" KAREEMAH FOWLER CITY CLERK,SOUTH BEND, 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: 1. 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 L E 0 a� MA0% 01 2017 .',R'_7A PLAN COM NUSSIO'J 1 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 fagade will employ at least three different materials, each covering a minimum of twenty percent(20%) of the total surface area of the fagade. The three materials to be used on the fagade 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. 3. 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. �FIPLED MAR 01 2017 AREA,PUN Cs:��aI4�USSION tpr air � 7. 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 fagade 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. 9. 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: 1. 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. ' L ED 7 AAR 10 12 0i7 =Af a /7- 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 MAR 0 '017 k MAN POISS0111 - .. 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 4 ,�-9 {2"+vr f VI 001 VWMISS0NI t-CLL\:I IV�IY E7 �q r �9od in Clark's m� ^1,4 ! 1 may,i � `V (,N 99. �/y-+W (['��} S S Y 'S.i6.�EPK �,o A�4Y�Yi'Y� +•r -` X yJ! 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