HomeMy WebLinkAbout9772-07 Rezoning Angela Edison Napolean - District 4ORDINANCE No. s~~=-0~
Passed by the Common Council of the Ciry of Soutlt Bend, Indiana
July 16,
Attest:
JOHN VOORDE
..~~ R
Attest: ~.~r..r.
20 07
Presented by me to t/te Mayor of the Ciry of Soutlt Bend, Indiana
July2~,
20
07
Ciry Clerk
President of Common Council
JOHN VOORDE
Approved and signed by me ZO
Ciry Clerk
Mayor
ORDINANCE NO. l 1 ~ 2'- ~
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR 24.345 ACRES GENERALLY
LOCATED BETWEEN ANGELA BOULEVARD / EDISON ROAD AND NAPOLEON STREET,
AND APPROXIMATELY 200 FEET WEST OF EDDY STREET AND 700 FEET EAST OF DUEY
STREET, EXTENDED, COUNCILMANIC DISTRICT N0.4 IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
A Petition for the rezoning of 24.345 acres located in the City of South Bend, Portage Township,
St. Joseph County, Indiana, has been filed by KRG Eddy Land, LLC & Kite Realty Eddy Land, LLC, with
the consent of all of the owners of land included in the petition, to provide for amixed-use PUD District to
be known as "Eddy Street Commons PUD",
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:
A part of the East Half of the Northeast Quarter of Section 1, Township 37 North, Range 2 East;
and a part of the North Half of the Northwest Quarter of Section 6, Township 37 North, Range 3
East; and Lots 26 through 27, Lots 71 through 74, and Lots 107 through 110, all in Hartman and
Miller's Plat, the plat of which is recorded in Plat Book 7, page 29, in the Office of the Recorder
of St. Joseph County, Indiana; and including all streets and alleys lying within the perimeter in St.
Joseph County, Indiana, being more particularly described as follows:
Beginning at the northeast corner of Lot 35 in Sorin's Second Addition, the plat of which is
recorded in Plat Book 1, page 10 in said Office of the Recorder; thence South 89 degrees 46
minutes 20 seconds West 172.18 feet along the north line of said Lot 35 and along the
prolongation of said north line to the centerline of a vacated 14-foot alley; thence North 00
degrees 21 minutes 10 seconds West 82.50 feet along the prolongation of said centerline crossing
Napoleon Street to the north boundary of said Napoleon Street; thence South 89 degrees 46
minutes 20 seconds West 22.81 feet along the boundary of said Napoleon Street to the southwest
corner of Parcel I described in Instrument Number 0117885; thence North 02 degrees 44 minutes
02 seconds West 504.04 feet along the west line of said Parcel I to the southwestern boundary of
Edison Road; thence South 78 degrees 02 minutes 36 seconds East 47.16 feet along the boundary
of said Edison Road; thence South 89 degrees 21 minutes 11 seconds East 130.00 feet along said
boundary; thence South 85 degrees SS minutes 30 seconds East 112.72 feet crossing Eddy Street
to the southwest corner of the 7.300-acre tract of land described in Instrument Number 0601917,
said 7.300-acre tract establishes the boundaries of Edison Road; the following three (3) courses
are along said southeastern and south line of said 7.300-acre tract; (1) thence North 65 degrees 42
minutes 03 seconds East 63.40 feet; (2) thence South 89 degrees 21 minutes 11 seconds East
969.01 feet; (3) thence Easterly 187.63 feet along an arc to the left having a radius of 1,190.00
feet and subtended by a long chord having a bearing of North 86 degrees 07 minutes 48 seconds
East and a length of 187.43 feet; thence South 21 degrees 22 minutes 43 seconds East 682.12 feet
BDUBOi 4769364v1
to the north line of Hartman and Woodworth's Plat, the plat of which is recorded in Plat Book 7,
page 30 in said Office of the Recorder; thence South 89 degrees 50 minutes 18 seconds West
634.00 feet along said north line and along the north line of said Hartman and Miller's Plat to the
prolongation of the east line of said Lot 109; thence South 00 degrees 19 minutes 30 seconds East
92.00 feet along said prolongation and along the east line of said Lots 109 and 110 to the
southeast corner of said Lot 110; thence South 89 degrees 50 minutes 18 seconds West 720.14
feet along the prolongation and the south line of said Lots 110, 107, 74, 71 and 27 to the
centerline of a vacated 12-foot wide alley; thence North 00 degrees 20 minutes 43 seconds West
137.97 feet along said centerline and along the prolongation of said centerline to the prolongation
of the north line of Lot 35 in said Sorin's Second Addition; thence South 89 degrees 46 minutes
20 seconds West 176.97 feet along said prolongation crossing Eddy Street to the northeast corner
of said Lot 35 and the point of beginning and containing 24.345 acres, more or less.
be and the same is hereby established as a PUD District to be known as "Eddy Street Commons PUD" to be
regulated according to the "Eddy Street Commons Planned Unit Development Preliminary Plan" attached
hereto as Exhibit A and incorporated herein by this reference.
SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common
Council, approval by the Mayor, and legal publication.
~~
Member of the o on Council
Attest:
City Clerk
Presen_ ted by me to the Mayor of the City of South Bend, Indiana on the '-!? ~ day of -~_,
2007, at 3 •• 3 ~ o'clock ~_.m.
City Cle
Approved and signed by me on the ~.3ro( day o~, 2007, at 2 •. t~ o'clock
.m.
~c.e-~r;ecrr
Mayor oft ity of South en~k,~~a~~ C,@PS{'S O~fIC@
1st READING 5~1~~-~~ ~ ~~~c~
PUBLIC HEARING •j- t-o? 17-t 6~D1 GAS Su s
BDDBOI 4769364v§ rd READING ~ -~ 6 -~7 ~s SI.I~S~.~+~t'el` ~' ~^^°"°\'~~ h1AY 3 0 2007
NOT APPROVED ~~ ~,~~
REFERRED S - \~
PASSED '~_~b_o1 Q.S Su~S~'`~'~ fi'~`"'~`~ JOHNVOORDE
CITY CLERK, S0.8EP1D, ttV.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
26-07 A BILL AMENDING THE ZONING ORDINANCE FOR 24.345 ACRES
GENERALLY LOCATED BETWEEN ANGELA BOULEVARD/EDISON
ROAD AND NAPOLEON STREET, AND APPROXIMATELY 200 FEET
WEST OF EDDY STREET AND 700 FEET EAST OF DUEY STREET,
EXTENDED, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH
BEND, INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill is
being recommended to the full Council with a favorable recommendation as substituted by
the addition of commitments added to exhibit A. See color copy of revised 7-16-07 exhibit
A Eddy Street Commons Planned Unit Development Preliminary Plan attached.
Karen L. White
Chairperson
Eddy Street Commons
July 16, 2007 -Kite Commitments
BASED ON CONCERNS RAISED BY THE COUNCIL AND THE NEIGHBORS, KITE COMMITTS TO THE FOLLOWING:
1. The height of the building containing the ful{ service hotel and condominiums will not
exceed nine stories in height. The building will contain a roof top terrace.
2. The height of the buildings along Eddy Street will not exceed four stories (65')
except for the corner of Angela/Edison and Eddy Street, which will not exceed five
stories (75'). The corner of Napoleon and Eddy will be four stories in maximum
height.
3. Subject to the approval of the IU Medical Center, a buffer of mature trees (10'
minimum height at planting) will be installed at the West property line between Eddy
Street Commons and the IU Medical Center.
4. A pocket park occupying a minimum of 5,000 square feet will be located within the
project.
5. All recommendations in the Troyer Group's Traffic Impact Study dated July 12,
- 2007, (letter attached) have been incorporated into the site plan and will be
constructed.
6. Incorporation of bike lanes along Napoleon between Eddy and SR 23, a bike path
connecting Napoleon to Edison at the east edge of the project, bike racks along
Eddy Street, and a bike cage in the parking garage.
7. The wooded ravine area west of the development adjacent to Eddy Street Commons
wilt remain in a natural state subject to approval by the University of Notre Dame
Board of Trustee's and the Department of Public works for the City of South Bend.
8. The animals living in the woods will be trapped and relocated for two weeks prior to
removal of any trees. If animals relocate from the woods into the neighborhood
during or after tree removal, neighbors will be provided with a contact that will come
to their property, humanely trap the animal, and release them in a safe location during
60 days following removal of the trees. The cost will be covered by Kite Realty
Group.
9. Buildings located in Area 1 (Mixed Use buildings along Eddy Street and garage wrap
condominiums), Area 2 (hotels), Area 3 (parking garage), and Area 4 (stacked flats)
will have sprinkler systems installed.
10. Green Principals
a. Site and Building Design and Construction
(1) Create new vegetated infiltration basin (.5 acre) adjacent to the
exiting ravine located in Area 7. Utilize native Plant materials around
basin.
(2) Preserve 6.5 acre vegetated infiltration ravine.
(3) Incorporate infiltration planters alongside buildings and as sidewalk
furniture.
(4) Plant over 220 new trees as well as additional shrubs, groundcover
and turf in street right-of-ways (subject to City approval) and parking
lots to lower ground temperature.
(5) Provide three Green Roof Gardens as part of the mixed use buildings
and one green roof garden on the full service hotel.
(6) Incorporate native prairie plants and drip irrigation to reduce
maintenance and water usage.
b. Building Operation of Retail, Office and Common Areas
(1) Endeavor to use environmentally friendly, or USG BC preferred
cleaning products
(2) Integrate organic herbicides and fertilizes into ongoing landscaping
maintenance activities
(3) Endeavor to utilize low-energy florescent light
(4) Endeavor to utilize motion sensors for light fixtures in office areas
(5) Endeavor to utilize photocells to control exterior light fixtures where
possible
(6) Endeavor to develop and implement a recycling program for all
commercial uses in the development
(7) Utilize non-CFC based refrigerants in all central base building
mechanical systems
(8) Utilize battery-powered transportation equipment where possible for
maintenance and building management staff to travel in and around
the site
(g) Endeavor to enforce non-smoking provisions within the building and
to limit smoking to distances greater than 25 feet from any entryway
(10) Conduct annual on-site environmental compliance inspections of
each tenant space
(11) Develop tenant construction standard to incorporate LEED standards
where appropriate and applicable
c. Miscellaneous
(1) Accessible to public transportation.
(2) Installation of bike routes and bike paths.
11. Eddy Street Commons, specifically the two hotel concepts, will collaborate and
cross sell with the existing hotels in both downtown and in other parts South Bend in
an effort to expand the existing hospitality market. All components of the project will
work to create an environment to benefit businesses within the City of South Bend
as a whole and continue economic development throughout the community.
12. The architecture of the project will maintain it's general style, quality and integrity of
design from information presented to the Council to date.
13. Any use that serves only alcoholic beverages will be prohibited from Area 1 of the
development.
Eddy Street Commons Planned Unit Development
Preliminary Plan
ise~~: Jule 16, 200 ~l
Submitted by:
KRG Eddy Land, LLC &
Kite Realty Eddy Land, LLC
Introduction
Petitioner, Kite Realty Group, requests the rezoning of 24.345 acres from the "U" -University District
and the SF2 -Single Family and Two Family District to the PUD classification to provide for amixed-
use development including but not limited to: retail uses; restaurant uses; office; full service or limited
service hotel; structured parking; surface parking; and, multifamily (apartment, condominium,
townhome, cityhome, courtyard townhome, or flats).
The Eddy Street Commons Planned Unit Development ("Eddy Street Commons") is planned to include
seven (7) major land use areas. The major retail /office /multifamily land use areas are to be oriented
to Eddy Street as a gateway drive between the University of Notre Dame and the City of South Bend.
Along the recently extended Angela Boulevard !Edison Road which creates the north boundary of
Eddy Street Commons are to be located one or more hotels, one of which may include conference
facilities, "CityHomes" and open space. Centrally located in Eddy Street Commons is a proposed
parking structure and surface parking which will provide for the parking needs of the overall
development and will thus allow for the creation of an energetic, pedestrian friendly, urban streetscape
development rather than an automobile dominated development. South and east of the central parking
facilities, land use will transition to lower intensity office use or residential flats, then to cityhomes,
courtyard townhomes or open space which will transition the overall Eddy Street Commons
development into neighboring developments, including the residential renovation areas proposed by
the South Bend Heritage Foundation, Inc. between the proposed extension of Napoleon Street and
South Bend Avenue. Please refer to the attached Preliminary Plan Map for a graphic representation of
the land use pattern described above.
Eddv Street Commons Planned Unit Development
Area 1 -Retail /Office /Multifamily.
Intent: Area 1 is envisioned to be the main activity hub for Eddy Street Commons where
shopping, dining, entertainment and living activities are centered. Area 1 architecture will
provide the warm feeling of a vibrant, small town downtown street setting which will be
highlighted by lively banners, street vendors and outdoor dining activities. The first floor
portion of Area 1 buildings are anticipated to include the primarily retail, restaurant or office
locations. The second floor level may include the second floor of two story retail establishment
or office space and may begin the transition to dwelling units. The third floor level and above
1 of 24
BDDB014715241v10 Exhibit A
Eddy Street Commons Planned Unit Development
would be limited to office or residential uses. Depending on the mix of uses which can be
attracted to Eddy Street Commons, Area 1 may include up to 100,000 sq. ft. of retail space, up
to 80,000 sq. ft. of office /professional service space, or up to 380 dwelling units.
a. Permitted Uses.
Any primary, special exception, accessory use, temporary use or home occupation as
listed in and regulated by Section 21-03.02: MU -Mixed Use District of the South
Bend Zoning Ordinance. Temporary uses may also include such activities as street fairs
or Farmer's Markets, where Eddy Street would be closed to vehicular traffic. The
frequency of such street fairs or Farmer's Markets would vary with the seasons, but
would not exceed once a week during peak summer or football seasons, with the
schedule of such events and street closures being subject to prior approval by the Board
of Public Works.
b. roh~bit Us
establis nt nerves on ~ a co olic v
c. Development Standards.
Any development within Area 1 -Retail /Office /Multifamily shall comply with the
Development Standards set forth in Section 21-03.02: MU -Mixed Use District of the
South Bend Zoning Ordinance, except as modified below:
(1) Yards and Building Setbacks -The minimum front yard and building setback
shall be zero (0) feet from the existing right-of--way; provided, further, however,
that building embellishments such as balconies, bay windows, cornices, etc.,
may project up to eight (8) feet from the building, provided further, however,
that any building embellishments which project into or over a public right-of-
way shall be subject to the approval of the Board of Public Works.
(2) Minimum Front Residential Bufferyards -The minimum front residential
bufferyard requirements shall not apply to Eddy Street Commons.
(3) Building Height -The maximum building height shall be 65 feet, not to exceed
four (4) stories, provided that corner elements at Eddy Street & Angela
Boulevard / Edison Road shall have a maximum building height of 75 feet, not
to exceed five (5) stories.
(4) Maximum Gross Floor Area -The maximum gross floor area for a single use
listed under the headings of Clothing Service, Food Sales and Service,
Recreation or Retail shall be 30,000 square feet.
2 of 24
BDDBOI 4715241v10 Exhibit A
Eddy Street Commons Planned Unit Development
(5) Parking -Off-street parking shall be located in a Shared Parking facility
authorized in Area 3 -Shared Parking, below, or in a parking area located
behind the buildings located along the west face of Eddy Street. See attached
Conceptual Off-Street Parking and Loading Plan.
(6) Outdoor Operations -Outdoor seating for restaurants and the outdoor display or
sales of merchandise may occur in a street right-of--way provided a useable
sidewalk width of not less than six (6) feet is maintained and approved by the
Board of Public Works.
(7) Fire Suppression -Any mixed-use building and any garage wrap condominium
building shall be equipped with an automatic sprinkler system.
2. Area 2 -Hotels /Conference Center.
Intent: Area 2 is envisioned to include two hotels. The first hotel shall be an approximately
250 room, full-service hotel with conference center. The upper three (3) floors of the full
service hotel building shall be developed as condominiums with a terrace on the roof. The
second hotel would likely be an approximately 125 room limited service hotel.
a. Permitted Uses.
(1) Afull-service hotel, including but not limited to such accessory uses as a
conference center, roof top terrace and the following Food Sales and Service
uses: Bar *; Cabaret - 21 and Over *; Cabaret -Family; Convenience Store;
Delicatessen /Cafeteria; Nightclub *; Restaurant -Fast Food ; Restaurant -
Family; Restaurant -Family with Lounge; Tavern *.
* =Controlled Use, subject to the additional requirements of Section 21-08.02 -
S~ecial Regulations for Controlled Uses of the South Bend Zoning Ordinance.
(2) Limited service hotel.
(3) Dwelling Units -limited to the top three (3) stories of afull-service hotel.
(4) Accessory uses, temporary uses or home occupations as listed in and regulated
by the General Regulations for either Residential Districts or Commercial
Districts, as applicable, based upon the nature of the primary use for which the
accessory use, temporary use or home occupation is associated.
b. Development Standards.
Any development within Area 2 -Hotels 1 Conference Center shall comply with the
Development Standards set forth in Section 21-03.06: CBD -Central Business District
of the South Bend Zoning Ordinance, except as modified below:
3 of 24
sDDSOi a~iszai~io Exhibit A
Eddy Street Commons Planned Unit Development
(1) Building Height -the maximum building height of a full service hotel shall not
exceed nine (9) stories; the maximum building height of a limited service hotel
shall not exceed six (6) stories.
(2) Parking -Off-street parking shall be located in a Shared Parking facility
authorized in Area 3 -Shared Parking, below.
(3) Fire Suppression -Any hotel building shall be equipped with an automatic
sprinkler system.
3. Area 3 -Shared Parking.
Intent: The Shared Parking facilities permitted within this Area 3 are intended to provide a
common parking facility to meet the parking requirement for Area 1-Retail /Office /
Multifamily, Area 2 -Hotels /Conference Center and Area 4 -Office /Residential Flats. The
design of the Shared Parking facilities and their location at the center of Eddy Street Commons
is intended to limit the views of the Shared Parking facilities from all surrounding
developments and to enhance the appearance and feeling of Eddy Street Commons as a
pedestrian oriented development. See attached Conceptual Off-Street Parking and Loading
Plan. This section supercedes the provisions of Section 21-07.04 (c) -Location of Parking
Areas of the South Bend Zoning Ordinance.
a. Permitted Uses.
(1) Surface parking lot.
(2) Parking Garage.
b. Development Standards.
Any surface parking lot or parking garage development within Area 3 -Shared Parking
shall comply with the following standards:
(1) Design and Layout -The design and layout of all off-street parking areas shall
be in compliance with the Section 21-07.04 (d) -Design and Construction of
Off-Street Parking Areas of the South Bend Zoning Ordinance.
(2) Minimum Lot Width and Frontage -there shall be no minimum lot width or
frontage requirement on a public street for any surface parking lot or parking
garage.
(3) Yards and Building Setbacks -The minimum front, side or rear yard and
building setback shall be zero (0) feet from the lot line.
4 of 24
BDDBOI 4715241v10 Exhibit A
Eddy Street Commons Planned Unit Development
(4) Parking Garage Height Limitation -The main structural height of any parking
garage, exclusive of elevator towers or stairwells, shall not exceed sixty-five
(65) feet in height. (Note: It is the intent of this regulation that any parking
garage shall not have a main structural height in excess of the height of
surrounding buildings.)
(5) Fire Suppression -Any parking garage shall be equipped with an automatic
sprinkler system.
4. Area 4 -Office /Residential Flats.
Intent: Area 4 begins the transition from the high intensity activities of Area 1 and the large
hotel and parking garage structures of Area 2 and Area 3 to the residential areas to the south
and east of Eddy Street Commons. Approximately 50 - 60 dwelling units are projected for this
area with each unit anticipated to include approximately 1,000 - 1,700 sq. ft. of living area with
a rear access, one-car attached garage. Additional guest parking would be provided in a portion
of the Shared Parking facilities of Area 3. Since the likely unit style is anticipated to be flats
(i.e., dwelling units located all on one floor and stacked above each other rather than side by
side), the floor plate and living areas of upper floors must be the same as lower levels. This
floor plate size and the desire to provide for the use of steeply pitched roofs and unique
architectural features to present an image of a quality residential development require a higher
than normal building height for the residential buildings in Area 4. Any office uses developed
in Area 4 would be limited to the frontage along the proposed Duey Avenue extension to
preserve the residential nature and appearance of Napoleon Street.
a. Permitted Uses.
(1) Any Office /Professional Services use listed in Section 21-03.02: MU -Mixed
Use District of the South Bend Zoning Ordinance, provided, however, that
Office /Professional Services uses shall not be permitted in any building which
fronts onto Napoleon Street.
(2) Multifamily Dwellings.
(3) Accessory uses, temporary uses or home occupations as listed in and regulated
by the General Regulations for either Residential Districts or Commercial
Districts, as applicable, based upon the nature of the primary use for which the
accessory use, temporary use or home occupation is associated.
b. Development Standards.
(1) Any Office /Professional Services use alone or in combination with multifamily
dwellings in the same building shall be developed in compliance with the
regulations of Section 21-03.02: MU -Mixed Use District of the South Bend
Zoning Ordinance, except as modified below:
5 of 24
BDDBOI 4715241v10 Exhibit A
Eddy Street Commons Planned Unit Development
(a) Building Height -the maximum building height for a primary building
shall be 65 feet, but not to exceed four (4) stories containing a dwelling
unit.
(b) Yards and Building Setbacks -The minimum front, side or rear yard and
building setback shall be zero (0) feet from the lot line; provided, that
building embellishments such as balconies, bay windows, cornices, etc.,
may project up to eight (8) feet from the building, provided further,
however, that any building embellishments which project into or over a
public right-of--way shall be subject to the approval of the Board of
Public Works.
(2) Any building designed exclusively for Multifamily Dwelling use shall be
developed in compliance with the regulations of Section 21-02.03: MF 1 -
Urban Corridor Multifamily District of the South Bend Zoning Ordinance,
except as modified below:
(a) Building Height -the maximum building height for a primary building
shall be 70 feet, but not to exceed four (4) stories containing a dwelling
unit.
(b) Yards and Building Setbacks -The minimum front or rear yard and
building setback shall be zero (0) feet from the lot line; provided, that
building embellishments such as balconies, bay windows, cornices, etc.,
may project up to eight (8) feet from the building, provided further,
however, that any building embellishments which project into or over a
public right-of--way shall be subject to the approval of the Board of
Public Works.
(c) Yards and Building Setbacks -The minimum side yard and building
setback shall be zero (0) feet from the lot line, provided a minimum
separation often (10) feet is maintained between buildings.
(3) Parking -Off-street parking shall be located in a Shared Parking facility
authorized in Area 3 -Shared Parking, above.
(4) Fire Suppression -All buildings shall be equipped with an automatic sprinkler
system.
5. Area 5 - CityHomes.
Intent: Area 5 is anticipated to feature a more traditional row house or townhouse style of
development containing approximately 60 - 70 dwelling units. All dwelling units are
anticipated to include approximately 1,600 - 2,400 sq. ft. of living area and a rear access, two
car attached garage.
6 of 24
BDDBOI 4715241v10 Exhibit A
Eddy Street Commons Planned Unit Development
a. Permitted Uses.
(1) Multifamily Dwellings and Single Family, attached Dwellings.
(2) Accessory uses, temporary uses or home occupations as listed in and regulated
by Section 21-02.11: General Regulations for Residential Districts of the South
Bend Zoning Ordinance.
b. Development Standards.
Any development within Area 5 - CityHomes shall comply with the Development
Standards set forth in 21-02.03: MF 1 -Urban Corridor Multifamily District of the
South Bend Zoning Ordinance, except as modified below:
(1) Yards and Building Setbacks -The minimum front or rear yard and building
setback shall be zero (0) feet from the lot line; provided, that building
embellishments such as balconies, bay windows, cornices, etc., may project up
to eight (8) feet from the building, provided further, however, that any building
embellishments which project into or over a public right-of--way shall be subject
to the approval of the Board of Public Works.
(2) Yards and Building Setbacks -The minimum side yard and building setback
shall be zero (0) feet from the lot line, provided a minimum separation often
(10) feet is maintained between buildings.
6. Area 6 -Courtyard Townhomes.
Intent: Area 6 is intended to provide the final transition from the more intense development of
Eddy Street Commons to the single family development to the south. This area is anticipated
to include approximately 20 - 26 courtyard style townhomes. Each unit is anticipated to
include approximately 1,600 - 2,400 sq. $. of living area with a rear access, two car garage. It
is anticipated that these courtyard townhome units will feature individual, private courtyards,
located between the garage and main living area, for the use and quiet enjoyment of the
occupants.
a. Permitted Uses.
(1) Multifamily Dwellings and Single Family, attached Dwellings.
(2) Accessory uses, temporary uses or home occupations as listed in and regulated
by Section 21-02.11: General Regulations for Residential Districts of the South
Bend Zoning Ordinance.
7 of 24
BDDBOI 4715241v10 Exhibit A
Eddy Street Commons Planned Unit Development
b. Development Standards.
Any development within Area 6 -Courtyard Townhomes shall comply with the
Development Standards set forth in 21-02.03: MF1 -Urban Corridor Multifamily
District of the South Bend Zoning Ordinance:
(1) Yards and Building Setbacks -The minimum front or rear yard and building
setback shall be zero (0) feet from the lot line; provided, that building
embellishments such as balconies, bay windows, cornices, etc., may project up
to eight (8) feet from the building, provided further, however, that any building
embellishments which project into or over a public right-of--way shall be subject
to the approval of the Board of Public Works.
(2) Yards and Building Setbacks -The minimum side yard and building setback
shall be zero (0) feet from the lot line, provided a minimum separation often
(10) feet is maintained between buildings.
7. Area 7 -Open Space / SF-2.
Intent: The northern portion of Area 7 may include storm water management structures and
improvements, with the remainder of Area 7 north of Napoleon Street to be preserved in its
natural, wooded state or partially redeveloped as a constructed wetland. Within the northern
portion of Area 7, pedestrian connections from SR 23 /South Bend Avenue to Angela
Boulevard / Edison Road or from Eddy Street Commons to the developing business park to the
east shall be permitted. The design and construction of any such pedestrian connections shall
be subject to the approval of the Board of Public Works.
The southern portion of Area 7 consists of a narrow, approximately 50' wide strip of land
located south of the proposed extension of Napoleon Street and east of Duey Avenue. The
southern portion of Area 7 may be used for: (i) tree preservation; (ii) storm water management
structures and improvements; or, (iii) any other permitted use listed in the SF-2 Single Family
and Two Family District of the South Bend Zoning Ordinance provided such permitted use is
in compliance with the Development Standards of said SF-2 District.
8. Landscaping /Residential Bufferyards -General.
Eddy Street Commons is designed according to a pedestrian friendly model that existed in
small town, downtown settings of years gone by. The pattern of perimeter yard landscaping
typical of many zoning ordinances is designed for a more suburban setting than envisioned for
Eddy Street Commons. Therefore, the following landscape /residential bufferyard regulations
shall apply within Eddy Street Commons:
a. Area 1:
BDDB01 4715241v10
8 of 24
Exhibit A
Eddy Street Commons Planned Unit Development
(1) As the provision of typical "residential bufferyards" would be contrary to this
overall design pattern and would result in a one-half block portion of the overall
development being inconsistent in design with the remainder of the
development, a residential bufferyard shall not be required between Area 1 and
adjoining residential development to the south of Napoleon Street.
(2) The western boundary of Area 1 (i.e., the area located west of the buildings
which front onto the west side of Eddy Street) shall include screening of the
parking /loading areas by the use of fencing, landscaping or a combination
thereof. Subject to the approval of the IU Medical Center, a buffer of mature
trees (10' minimum height at the time of planting) shall be installed at the west
property line between Eddy Street Commons and the IU Medical Center.
b. Internal Bufferyards Not Required -Due to the mixed-use nature of uses in Eddy Street
Commons and the potential for uses within the various areas to change from time to
time, it is not be practical to provide residential bufferyards between the various internal
portions of Eddy Street Commons.
c. Parking Lot Landscaping -Interior Parking Lot Landscaping and Off-Street Parking
Area Screening requirements of Section 21-07.01 (d) and (e) shall be applicable to the
shared surface parking facilities of Area 3.
d. Street Trees -Street Tree Plantings, consistent with Section 21-03.02 (b) (3) (A) d. and
a small town, downtown setting shall be provided, subject to the approval of the Board
of Public Works.
e. Area 6 Buffering -The southern boundary of Area 6 shall include buffering, which may
consist of one or more of the following: trees planted at building corners north of and
along the private drives; trees or shrubs planted south of the private drives; or, a fence
south of the private drives. .
9. Off-Street Parking and Loading.
The provision ofoff-street parking and off-street loading areas for Eddy Street Commons shall
comply with the following regulations:
a. Off-Street Parking.
(1) Amount of Parking -Area 1, Area 2 and Area 3:
The amount of parking to be provided in Area 1, Area 2 and Area 3 shall be not
less than: 1,000 parking spaces provided in a parking structure; 150 parking
spaces in surface parking located at the east end of Area 3; and, 40 parking
spaces located west of the buildings in Area 1 located west of Eddy Street. See
the attached Conceptual Off-Street Parking and Loading Plan.
9 of 24
BDDBOI 4715241v10 Exhibit A
Eddy Street Commons Planned Unit Development
(2) Amount of Parking. -Area 4.
(a) Dwelling units located in Area 4 shall be provided with a minimum of
one (1)off-street parking space per dwelling unit located in an attached
grade level garage plus additional overflow parking provided in the
shared surface parking in Area 3.
(b) Office /Professional Service uses located in Area 4 shall be provided
with off-street parking in the Shared Parking facilities located in Area 3.
(3) Amount of Parking -Area 5 and Area 6:
Each dwelling unit in Area 5 and Area 6 shall be provided with an attached
two-car garage.
(4) Amount of Parking -Area 7:
As a common open space with strong pedestrian connectivity to all nearby
residential area, no designated off-street parking shall be required.
b. Off-Street Loading.
(1) Area 1: Off-street loading shall be provided in designated loading zones located
behind the storefronts in Area 1.
(2) Area 2 -Full Service Hotel: Not less than one (1) off-street loading space shall
be provided and accessed from the service drive from Angela Boulevard /
Edison Road between Area 1 and Area 2. The limited service hotel shall not be
required to provide an off-street loading space.
(3) Areas 3 - 7: Off-street loading shall not be required for Area 3, Area 4, Area 5,
Area 6 or Area 7.
10. Signs.
a. Project Signs -Area 1.
(1) Upper Level Building Mounted Project Identification Signs.
Due to the limited setback proposed for buildings in Area 1 in order to create a
pedestrian oriented design, limited space is available for traditional free-
standing, ground mounted identification signs. Therefore, unique upper level
building mounted identification signs are necessary to identify the overall Eddy
Street Commons project. Such upper level building mounted signs shall comply
with the following regulations:
BDDBOI 4715241v10
10 of 24
Exhibit A
Eddy Street Commons Planned Unit Development
(a) Type of Signs: Upper level building mounted signs maybe wall signs or
roof signs, provided that any such roof sign shall be located on a sloping
roof element and shall not project above the main ridge line of the roof
located immediately behind such roof sign.
(b) Number of Signs: A maximum of four (4) upper level building mounted
signs shall be permitted as follows:
(i) One upper level building mounted sign on the north facade of the
building located at the southwest corner of the Angela Boulevard
/ Edison Road and Eddy Street;
(ii) One upper level building mounted sign on the north facade of the
building located at the southeast corner of the Angela Boulevard /
Edison Road and Eddy Street;
(iii) One upper level building mounted sign on the east facade of the
building located at the southwest corner of the Angela Boulevard
/ Edison Road and Eddy Street; and,
(iv) One upper level building mounted sign on the west facade of the
building located at the southeast corner of the Angela Boulevard /
Edison Road and Eddy Street.
(c) Size of Signs: Upper level building mounted signs shall not exceed five
(5) percent of the total area of the front facade of the building located
above eighteen (18) feet above grade.
(2) Wall Mounted Banner Signs.
Wall mounted banner signs, either mounted flush against the building facade or
projecting from the building walls shall be permitted in Area 1 along both sides
of Eddy Street and along Angela Boulevard / Edison Road subject to the
following regulations:
(a) Number and Spacing -There shall be no pre-set limit on the number of
wall mounted banner signs provided that such signs shall be spaced not
less than 40 feet on-center along a building facade;
(b) Wall mounted banner signs shall be located on the building as upper
level signs;
(c) Maximum individual sign surface area for each wall mounted banner
sign shall not exceed maximum dimensions of eight (8) feet in width or
twenty-five (25) feet in height;
BDDBOI 4715241v10
11 of 24
Exhibit A
Eddy Street Commons Planned Unit Development
(d) Any wall mounted banner signs which projects into or over a public
right-of--way shall be subject to the approval of the Board of Public
Works;
(e) Configuration and Placement on Buildings -All wall mounted banner
signs:
(i) shall be of the same dimensions; and,
(ii) shall be placed at the same relative height and location on all
buildings;
(f) Content -Wall mounted banner signs may announce various special
events or seasons to be celebrated at Eddy Street Commons, in the City
of South Bend or at the University of Notre Dame. The names and logos
of sponsors of these special events shall be permitted to occupy up to
50% of any wall mounted banner.
(3) Street Light Pole Banners -Area 1.
Signs shall be permitted on street light poles located in the right-of--way of Eddy
Street and Angela Boulevard / Edison Road, subject to the approval of the Board
of Public Works and the following regulations:
(a) Street light pole banner signs shall be mounted to the light poles with
upper and lower horizontal supports;
(b) Maximum Individual Sign Surface Area -Individual street light pole
banner signs shall not exceed the maximum dimensions of three and one-
halffeet in width by eight feet in height (3 '/2 ft. X 8 ft.);
(c) Configuration and Placement on Street Light Poles -All individual
street light pole banner signs:
(i) shall be of the same dimensions; and,
(ii) shall be placed at the same relative height and location on all
street light poles;
(d) Number -Each street light pole may contain two (2) banner signs; and,
(e) Content -Street light pole banner signs may announce various special
events or seasons to be celebrated at Eddy Street Commons, in the City
of South Bend or at the University of Notre Dame. The names and logos
BDDBOI 4715241v10
12 of 24
Exhibit A
Eddy Street Commons Planned Unit Development
of sponsors of these special events shall be permitted to occupy up to
50% of the area of any street light pole banner sign.
b. Identification Signs -Area 1, Area 2, Area 3 and Area 4.
(1) Building identification signs shall be permitted for all individual commercial
uses and for multifamily uses located in a mixed-use building located in Area 1,
Area 2, Area 3 or Area 4 as regulated by Section 21-07.03 (e) (2) and Section
21-07.03 (e) (4) of the Sign Regulations for On-Premise Signs: MU &CBD
Districts, except as provided below:
(a) Encroachment over pubic rights-of--way for an Awning Sign, Canopy
Sign or Marquee Sign shall be permitted subject to the approval of the
Board of Public Works.
(b) Multifamily uses within Area 1 or Area 4, when located in a mixed-use
building, shall be permitted signs as an individual commercial tenant and
will be permitted building identification signs at each grade level
entrance into the multifamily portion of a building. This provision shall
not be construed to allow building identification signs for each individual
dwelling unit, but rather to allow signs for the entirety of the dwelling
units located within such mixed-use building.
(2) Monument identification signs and building identification signs for multifamily
dwelling buildings in Area 4 shall be permitted as set forth in Section 21-07.03
(c): On-Premise Signs: SF1, SF2, MF1 and MF2 Districts, except as provided
below:
Encroachment over pubic rights-of--way for an Awning Sign, Canopy
Sign or Marquee Sign shall be permitted subject to the approval of the
Board of Public Works.
c. Identification Signs -Area 5, Area 6 and Area 7.
Monument identification signs and building identification signs shall be permitted as set
forth in Section 21-07.03 (c): On-Premise Signs: SF1, SF2, MF1 and MF2 Districts.
d. Incidental Signs.
(1) Area 1, Area 2, Area 3 and Area 4.
Incidental signs for Area 1, Area 2, Area 3 and Area 4 shall be permitted in
compliance with the regulations for incidental signs set forth in Section 21-07.03
(e) (3) On-Premise Signs: MU &CBD Districts of the South Bend Zoning
Ordinance.
13 of 24
BoDSOi ans2ai~io Exhibit A
Eddy Street Commons Planned Unit Development
(2) Area 5, Area 6 and Area 7.
Incidental signs for Area 5, Area 6 and Area 7 shall be permitted in compliance
with the regulations for incidental signs set forth in Section 21-07.03 (c) (4) (C)
On-Premise Signs: SF.1, SF2, MF1 and MF2 Districts of the South Bend Zoning
Ordinance.
e. Directional /Promotional Signs.
The uses along Eddy Street, especially the retail and restaurant uses, will function in
much the same manner as the internal space of an enclosed shopping mall. The long-
term viability of these tenants will depend on their ability to be easily located and
identified. To that end, a program is being developed that is proposed to include a
version of the directional and promotional items typically found in indoor shopping
malls. including, but not limited to such items as street carts, two-sided directory signs,
three-sided kiosks, four-sided kiosks, newspaper boxes, benches, and bus shelters.
As the details of a Directional /Promotional Sign program is not available at this time,
final approval of the design, location, size, number and content of a Directional /
Promotional Sign program shall be subject to the filing of Secondary Approval as set
forth in Section 21-OS (c) (5) of the South Bend Zoning Ordinance.
f. Construction Signs.
Due to the unique mixed-use nature of this project, construction sign requirements are
different for this project than a standard development project. As such, over time, the
needs for construction signs will change and evolve from the initial phase in which
construction signs will addresses the entire project to subsequent phases where
construction signs will become more traditional and oriented to individual portions of
the development.
(1) Initial Phase of Project Construction:
(a) During the initial phase of project construction, the entire site shall be
enclosed by a chain link construction fence. Attached to the chain link
construction fence shall be a screened mesh fabric /wind screen. The
screened mesh fabric will serve two purposed. First, the screened mesh
fabric will provide a visual screen of the construction site from
surrounding streets and properties. Second, the screened mesh fabric /
-wind screen may include a variety of information regarding Eddy Street
Commons, including, but not limited to:
(i) "Coming Soon" announcements;
14 of 24
BDDBOI 4715241v10 Exhibit A
Eddy Street Commons Planned Unit Development
(ii) Contact and web-site information for project information and
marketing; and,
(iii) Directional information for maintenance of traffic patterns or for
construction workers.
(b) There shall be no limits on the size or number of such construction signs,
provided that all such construction signs shall be fully contained with the
height and area limits of the chain link construction fence.
(2) Subsequent Phases of Project Construction:
As initial portions of Eddy Street Commons are completed, the perimeter mesh
fabric /wind screen will be removed /relocated. Upon removal of the mesh
fabric /wind screen from a street frontage in Area 1, Area 4, Area 5 or Area 6,
the following construction /sales /leasing signs shall be permitted per block
face:
(a) Type of Signs: Ground, pylon or pole signs shall be permitted;
(b) Number of Signs: One (1) sign per block face;
(c) Maximum Sign Surface Area: sixty-four (64) square feet per sign face;
(d) Minimum Front, Side or Rear Yard Setbacks:
(i) Front Yard Setback: zero (0) feet from the right-of--way, but shall
not encroach within a public right-of--way.
(ii) Side or Rear Yard Setback: ten (10) feet.
(e) Maximum Height: The maximum height of a sign shall not exceed
twenty (20) feet above grade.
11. Traffic.
The following briefly describes the existing and proposed methods of handling traffic to and
from Eddy Street Commons:
a. Existin -Angela Boulevard / Edison Road will provide primary east -west access into
Eddy Street Commons. Eddy Street will provide primary north -south movement
through Eddy Street Commons. SR 23 /South Bend Avenue will provide primary
access to Eddy Street Commons from downtown South Bend via Eddy Street.
15 of 24
BDDBOI 4715241v10 Exhibit A
Eddy Street Commons Planned Unit Development
b. Proposed - As part of the development of Eddy Street Commons, the following
transportation links are proposed:
(1) The extension of Napoleon Street as a public street east from Eddy Street to
SR 23 /South Bend Avenue.
(2) The extension of Duey Street as a public street north to Edison Road.
(3) The development of a private interior access drive in alignment with Burns
Street to serve as an extension of Burns Street into Eddy Street Commons and
the Area 3 -Shared Parking facilities.
(4) Primary access into the Area 3 -Shared Parking facilities shall be from Eddy
Street. Secondary access points to the shared parking facilities shall be
developed from Angela Boulevard / Edison Road, Napoleon Street and the
interior access drive extension of Burns Street.
(S) The main route for delivery and service vehicles shall be via an interior access
drive between Area 1 -Retail /Office /Multifamily and Area 2 -Hotels /
Conference Center.
(6) All recommendations of the Troyer Group's Traffic Impact Study dated July 12,
2007 shall be incorporated into the final plans for Eddy Street Commons and
shall be constructed.
Pedestrian Connectivity -Pedestrian access to all portions of Eddy Street Commons is a
high priority for the overall development pattern. As such, sidewalks and pedestrian
connectivity will be provided along all streets and to all residential or commercial uses
within Eddy Street Commons.
d. Bicycle Access -Eddy Street Commons shall be developed with attention to bicycle
access and parking facilities including the following:
(1) Bike lanes shall be installed along Napoleon Street between Eddy Street and
SR 23.
(2) A bike path shall be installed in Area 7 (near the east edge of Eddy Street
Commons) to connect the bike lanes along Napoleon Street to Edison Road.
(3) Bike racks shall be installed along Eddy Street.
(4) A bike cage for bicycle commuter parking shall be installed in the parking
garage.
BDDBOI 4715241x10
16 of 24
Exhibit A
Eddy Street Commons Planned Unit Development
12. Utilities.
Petitioner anticipates working with the City of South Bend and other applicable utility service
providers to provide all necessary public infrastructure to serve Eddy Street Commons,
including but not limited to: water; sewer; storm drainage; electric; gas; and,
communications.
Except for required pedestals and service connections, all new utility lines to serve Eddy Street
Commons shall be installed underground.
13. Right-of--Way Use /Improvements.
Due to the high level of pedestrian traffic anticipated in Eddy Street Commons, special care
shall be taken, in cooperation with the Board of Public Works, to develop a program of
right-of--way use /improvements, including but not limited to:
a. providing locations for street vendors which do not interfere with the smooth flow of
pedestrians;
b. to the extent possible, plan for or install infrastructure necessary to support street
vendors, such as electrical outlets, water connections /hose bibs, etc., as part of the
Eddy Street reconstruction;
c. provisions in commercial lease documents for regular cleaning of sidewalk areas by any
use which may include outdoor operations;
d. standardized street furnishings, including but not limited to benches and newspaper
boxes; or,
kiosks, which may include: directory information signs; sponsor or promotional
information signs; or, walk-up service units such as ATM's or vending machines.
14. Open Space.
Open space shall be provided throughout Eddy Street Commons in the following manner:
a. Elevated courtyards may be provided for the use and enjoyment of the multifamily
dwellings in Area 1.
b. The commercial portions of Eddy Street Commons will be designed to be pedestrian
oriented. As such, the sidewalks and pedestrian ways that will provide connections
throughout the development will serve as plazas or open space amenities for the
commercial development. Street trees or planters, subject to the approval of the Board
of Public Works, will be included along all streets within Eddy Street Commons.
17 of 24
BDDBOI 4715241v10 Exhibit A
Eddy Street Commons Planned Unit Development
c. The open space provided in Area 7 provides a buffer and amenity area for the
residential developments the may occur in Area 4 and those proposed for Area 5 and
Area 6.
d. Pedestrian connectivity will be provided along all streets and to all residential or
commercial uses within Eddy Street Commons and to the open space of Area 7. The
system of sidewalks or trails to be constructed within Eddy Street Commons shall be
extended to the east boundary of Area 7 along the south side of Angela Boulevard /
Edison Road and along the north side of Napoleon Street to allow for future connections
to the planned sidewalks or trails to be developed along or within the proposed business
park to the east of Area 7 and to SR 23 /South Bend Avenue.
e. A pocket park, occupying a minimum or 5,000 sq. ft. in area, shall be located within
Eddy Street Commons.
f. The wooded ravine area east of Area 7 shall remain in a natural state, subject to the
approval of the University of Notre Dame Board of Trustees and the Department of
Public Works for the City of South Bend.
15
16
g. The animals living in the existing wooded area shall be captured, relocated and released
for a period of not less than two (2) weeks prior to the removal of any trees. If animals
migrate from the existing wooded area into adjoining residential neighborhoods within
sixty (60) days after the completion of tree removal, said animals shall be humanely
captured, relocated to a safe location, and released. The cost of such animal capture,
relocation and release shall be covered by Kite Realty Group.
usiness Co aboratio
a. y Street Cc~rx~nc~s, p~ i~;a y;l ie tvv,~ hose ~~ ~ col oral -
11 with`the exi~ing`~fels u~7n~tii downtawri a~.# ~ ~"~ of South Bend ih ,
fort tc~ expand-the existing h~spitaLity market. ~~ll ovatepoa~ts of the project will vvo
o-create an environment to bertefit.biisiiiesses ~uithiri:#he. City ofSouth Bend ~s a v~ioi
nd continue economic develoriinent.thr~ou~hout the c~ity#
Green Principals
a. Site and Building Design and Construction
(1) Create new vegetated infiltration basin (.5 acre) adjacent to the exiting ravine
located in Area 7. Utilize native Plant materials around basin.
(2) Preserve 6.5 acre vegetated infiltration ravine.
(3) Incorporate infiltration planters alongside buildings and as sidewalk furniture.
18 of 24
BDDBOI 4715241v10 Exhibit A
Eddy Street Commons Planned Unit Development
(4) Plant over 220 new trees as well as additional shrubs, groundcover and turf in
street right-of--ways (subject to City approval) and parking lots to lower ground
temperature.
(5) Provide three Green Roof Gardens as part of the mixed use buildings and one
green roof garden on the full service hotel.
(6) Incorporate native prairie plants and drip irrigation to reduce maintenance and
water usage.
b. Building Operation of Retail, Office and Common Areas
(1) Endeavor to use environmentally friendly, or USG BC preferred cleaning
products
(2) Integrate organic herbicides and fertilizes into ongoing landscaping maintenance
activities
(3) Endeavor to utilize low-energy florescent light
(4) Endeavor to utilize motion sensors for light fixtures in office areas
(5) Endeavor to utilize photocells to control exterior light fixtures where possible
(6) Endeavor to develop and implement a recycling program for all commercial
uses in the development
(7) Utilize non-CFC based refrigerants in all central base building mechanical
systems
(8) Utilize battery-powered transportation equipment where possible for
maintenance and building management staff to travel in and around the site
(9) Endeavor to enforce non-smoking provisions within the building and to limit
smoking to distances greater than 25 feet from any entryway
(10) Conduct annual on-site environmental compliance inspections of each tenant
space
(11) Develop tenant construction standard to incorporate LEED standards where
appropriate and applicable
c. Miscellaneous
(1) Accessible to public transportation.
19 of 24
BoDBOt ans2ai~io Exhibit A
Eddy Street Commons Planned Unit Development
(2) Installation of bike routes and bike paths.
17. Temporary Uses.
Due to the number of different land uses and the number of various construction contractors
that will be working in the various portions of Eddy Street Commons at the same time, it will
be necessary to provide for the following temporary uses for information /sales /leasing
trailers or construction trailers in addition to the Temporary Uses generally provided for in
Section 21-02.11: General Regulations for Residential Districts and Section 21-03.1 l: General
Regulations for Commercial /Mixed Use Districts:
a. Information /Sales /Leasing Trailers - A maximum of two (2) information /sales /
leasing trailers shall be provided, one toward the west edge of the project and one
toward the east edge of the project along Angela Boulevard / Edison Road.
b. Construction Trailers:
(1) Area l: Two (2) construction trailers shall be permitted for Area 1.
(2) Areas 2 - 7: One (1) construction trailer shall be permitted for each Area.
c. Duration -The information /sales /leasing trailers or construction trailers shall be
permitted during the entire construction period.
18. General.
Certain Sections of the South Bend Zoning Ordinance, which are in effect as of the date of
adoption of this Eddy Street Commons PUD Ordinance, have been specifically noted in the text
above as providing regulations for the Eddy Street Commons PUD.
In addition, the following provisions of the South Bend Zoning Ordinance which are in effect
as of the date of adoption of this Eddy Street Commons PUD Ordinance and which may not
have been specifically noted in the text above, shall also apply to development within Eddy
Street Commons:
a. Section 21-01.01 (k): Subdivision of Land;
b. Section 21-01.01 (s): Exemptions for Transportation, Communication and Utility
Lines;
c. Section 21-01.01 (t): Clear Sight Area Requirements;
d. Section 21-01.01 (u): Requirements for All Private Streets and Private Alleys;
e. Section 21-01.01 (v): Exemption for Anti-Terrorism Devices and Portable Towers.
20 of 24
BDDBOI 4715241v10 Exhibit A
Eddy Street Commons Planned Unit Development
f. Section 21-02.11: General Regulations for Residential Districts shall be applicable to
all residential or dwelling uses within Eddy Street Commons;
g. Section 21-03.11: General Regulations for Commercial /Mixed Use Districts shall be
applicable to all commercial uses within Eddy Street Commons;
h. Sections 21-07.01 (d), 21-07.01 (e), 21-07.01 (f), 21-07.01 (g) and 21-07.01 (h):
Landscape Regulations;
Section 21-07.03 (c): On-Premise Signs: SF1, SF2, MF1 and MF2 Districts;
j. Section 21-07.03 (e): On-Premise Signs: MU and CBD Districts;
k. Section 21-08.01: Special Regulations for Wireless Telecommunications Facilities
applicable to surface-mounted or roof-mounted applications of telecommunication
antenna on existing buildings or structures (the construction of new, freestanding
telecommunication towers shall be prohibited within Eddy Street Commons;
1. Section 21-08.02: Special Regulations for Controlled Uses;
m. Section 21-08.03: Special Regulations for Residential Facilities for the Mentally Ill;
and,
n. Section 21-11.2: Definitions. The terms or words used in the text of this Preliminary
Plan shall have the meanings set forth in Section 21-11.02: Definitions of the South
Bend Zoning Ordinance, unless a contrary meaning is: (i) required by the context of a
particular sentence or phrase; or, (ii) specifically prescribed in a particular sentence or
phrase.
19. Architectural Review Board.
An Architectural Review Board ("ARB") shall be established for Eddy Street Commons. The
ARB shall review plans for all initial building construction for consistency and compatibility
with the architectural themes and character established for Eddy Street Commons. All plans
filed for initial development within Eddy Street Comments shall include the written approval of
the ARB. The Master Plan Concept Book filed with the Area Plan Commission, although not
part of this PUD Ordinance, provides representations as to the quality and nature of the
proposed development.
21 of 24
BDDBOI 4715241v10 Exhibit A
Eddy Street Commons Planned Unit Development
20. Administration.
a. Parcel by Parcel Determination of Permitted Uses and Development Standards.
(1) Similar and Comparable Uses - It is recognized that the permitted use
provisions of this Preliminary Plan may require interpretation to assign all
permitted land uses to the appropriate Areas. Therefore, any land use which is
not specifically set forth in this Preliminary Plan shall be reviewed by the
Executive Director for consistency with the intent set forth for each Area and for
compatibility with land use characteristics typical of land uses permitted within
those Areas. The Executive Director shall then determine if the proposed use is
appropriate for the Area in question.
(2) Uses Not Specified - If it is determined by the Executive Director that a
particular use is not permitted in any Area provided for in this Preliminary Plan,
then such use shall be deemed to require a new petition for zone map change.
(3) Uses From Other Areas -The Area Plan Commission may authorize additional
uses within an individual Area other than those specifically designated for such
Area, provided that the use requested is a use which is permitted in another Area
of Eddy Street Commons.
(4) Appeal of Executive Director Determination of Permitted Uses -Any
determination by the Executive Director maybe appealed to the Area Plan
Commission by any person claiming to be adversely affected by that order,
requirement, decision or determination. The procedures for such an appeal shall
be as set forth in Section 21-OS (h) (1) of the South Bend Zoning Ordinance.
b. Alternate Development Standards.
In order to encourage innovative building and site designs capable of enhancing the
quality of the Eddy Street Commons built environment, an applicant may propose
alternate development standards for: yards and building setbacks; use of minimum
yards and residential bufferyards; maximum building height; maximum gross floor
area; parking; loading; outdoor operations; architecture; landscaping; lighting; or,
signs, subject to approval by the Area Plan Commission.
Application for such alternate development standards shall be in the form of a
Secondary Approval referred to the Area Plan Commission for determination.
c. Final Site Plan Submittal Process (Secondary Approval).
Final Site Plan submissions or Secondary Approvals shall be filed in compliance with
the provision of Section 21-OS (c) (5) of the South Bend Zoning Ordinance.
22 of 24
BDDB01 4715241v10 Exhibit A
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Area 1: Retail !office !Multifamily
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Area 4: Office !Residential Flats
Area 5: CityHomes
Area6: CourlyardTownhomes
Area 7: Open Space ! SF-2
PRELIMINARY PLAN MAP
Eddy Street commons PUD
Revised: May 24, 2007
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24 of 24
BDDB01 4715241v10 Exhibit A