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HomeMy WebLinkAbout6D(2) Resolution No. 2778~ ~D C Z_ ~ RESOLUTION NO. 2778 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AUTHORIZING A CHANGE TO THE ZONING OF CERTAIN REAL ESTATE LOCATED IN ST. JOSEPH COUNTY, INDIANA WHEREAS, the South Bend Department of Redevelopment, acting by and through the South Bend Redevelopment Commission (the "Commission"), is the owner of certain parcels located in the area known as Ignition Park situated in St. Joseph County, Indiana, described and depicted in Exhibit "A" (the "Real Property"); and WHEREAS, the Commission is engaged in the process of redeveloping the Real Property and a portion of that redevelopment process involves changing the zoning of the Real Property from its current zoning to that of Planned Unit Development ("PUD"); and WHEREAS, the Commission desires that the zoning of the Real Property be changed to PUD; and WHEREAS, certain documents are necessary to file a petition for a change in zoning; and WHEREAS, certain presentations should be made to various authorities in support of a petition to change zoning: and WHEREAS, Donald Inks is an appropriate individual to be granted the authority to execute such documents as maybe necessary to petition for a change in zoning; and NOW, THEREFORE BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1. That the Commission hereby authorizes the submission of a petition to change the zoning of the Real Property fi-om its cui-~•ent zoning to that of PUD in the form and substance similar to Exhibit "A". 2. Donald Inks is authorized to execute any and all documents necessary to accomplish the purposes expressed herein. 4. That this Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting of the South Bend Redevelopment Commission held on October 1, 2010, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. ATTEST: Si,~ nun n'e l'rin~rd ;~'amr unr title CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT s~>~~a,~„~<~ /'ringer :fume anti ~iNe South Bend Redevelopment Commission South Bend Redevelopment Commission EXHIBIT "A" (Ignition Park - PUD Zoning Ordinance) Ignition Park PUD Zoning Ordinance Preliminary Plan Date: September 27, 2010 Petitioner: City of South Bend Redevelopment Commission Introduction Petitioner. City of South Bend Redevelopment Commission. requests the rezoning of approximately 84 acres from the CI - Ceneral Industrial District to the PUD -Planned Unit Development District to provide for a hi~~h tech industrial park to be known as Ignition Park. Ignition Park is intended to be a launching pad for technological innovation. Ignition Park. in combination with Innovation Park. creates atwo-site, single. State Certitied Technology Park within the City of South Bend. It is anticipated that development within Ignition Park may include. but not be limited to: research and development facilities; education: office; prototyping facilities; and. support uses. The land uses to be contained within l~nition Park shall be those set forth below for each catego-y identified on the Master Plan filed with this PUD petition. It is acknowledged that the Master Plan filed with this PUD petition for I~~nition Park recommends general land uses for real estate which is not subject to rezoning at this time and that the tinal development of Ignition Park in substantial compliance with the Master Plan will be subject to Petitioner's ability to obtain zoning and development rights to such additional real estate in the firture. The Master Plan does. however. provide a framework from which to review the land use pattern p-•oposed for l~nition Park in -nuch the same way as a Comprehensive Plan identities land use patterns for a community as a whole. The Master Plan vision for Ignition Park is to provide for acampus-like setting within a single multi-use PUD District. The primary objective of this PUD District is to encow•age development which achieves a hi~~h degree of: (i) excellence in overall site design: (ii) integration of individual parcel site design within the overall development: and. (iii) innovation. creativity and quality in building design. The PUD District provides flexibility and procedural economy by permitting a broad ranee of high-tech industrial land uses and related support uses in a sin~~le district. ~yhile maintainingr adequate land use controls to protect adjoining properties. In order to encourage innovative building and site designs capable of enhancing the duality of the Ignition Park built environment. an applicant may propose alternate development standards for: yards and bt-ildin~~ setbacks: use of minimwl~ yards and residential buf~eryards: maximum building hei~~ht: minimum buildin~~ hei~~ht: maximum gross tloor area: parking_ loading: outdoor operations: architecture: landscaping: lightin~~_ or. si~~ns. subject to approval by an l~~nition Park Architectural Revie~~ Board and the Area Plan Commission. Architectural Review Board and Executive Directo-- approval is required to establish any land use or development within the lanition Park PUD. 13DDBOl ~,~39oes~-I Draft Date: September 27. ?010 Ignition Park Planned Unit lleveloument The regulations applicable to the Ignition Park Planned Unit Development ("PUD") which follow are divided into four (4) primary Areas -one Area is for Ignition Park (the initial 84 acre certified tech park plus potential expansion areas). one Area is for the Transpo Facility, and two (2) areas located along Main Street and Indiana Avenue that may be the sites for future expansion of additional Ignition Park businesses or support facilities and uses. To determine the permitted primary uses or applicable development standards for a particular Area within this PUD, refer to Dia<~ra-n #l : Land Use Areas. Area 1 -Ignition Park Due to the anticipated use of high-tech equipment and advanced research technologies, Ignition Park is envisioned to be developed in a campus style. The central portion of the initial 84 acres of I~~nition Pa-•k is intended to feature pedestrian connections and well integrated open space reminiscent of a high-tech university quad setting. The outer portion of the initial 84 acres of I~~nition Park may feat~n•e a perimeter ring of service areas. parkin and vehicular access points. To encourage a campus settin~~. the development standards for Ignition Park address the perimeter of Ignition Park (i.e.. in terms of perimeter setbacks, landscaping and identification signs) while the internal portions of Ignition Park are allowed flexibility in the location of buildin~~s. open spaces. building/directory and directional signs, etc.. to create the campus style environment with the potential of more than one buildin~~ per lot. (a) Permitted Uses (i) Primary Uses (1) Educational Uses: Including but not limited to: School -College / University. Primary. Secondary. High School Continuing Education. Commercial. Trade. Industrial or Business. (2) Industrial Uses: Including but not limited to: Engineering or research laboratories: Prototype facilities. which may include the following uses on a developmental basis -Assembly or blending of previously manufactured parts. sub-assemblies or components: Cleaning. testin~~ or repairing of goods. materials or products: Data processing or analysis: Manufacture. processing. refining or fabrication of goods, materials or products. (3) Ot~ice /Professional Services: Including but not limited to: Ot7ices related to any Industrial Uses allowed ~~~ithin Ignition Park: Corporate Headquarters (ottice only). t3~-x3oi v33~~ons~i Draft Date: September 21, 2010 4 -, ° ~~ .~ 9 «, a V - *~ LEGEND ~e~tified Zechnolo9`I .. "'' park BountlarY Area 3 •~ 1.afaVette B1vd.~1 _~.. ~ Area ~ Park 1 nit~Qn Area ~ ,~~.•~ g Indiana pve A' o~ prea 2 ~-~ TransP° pea "~ ~.~ T i~ n~~Kt ~ L AKA, (ii) Accessory Uses for Individual Uses or Buildings (1) Accessory uses and structures. subordinate, appropriate and incidental to the above permitted primary use(s), including supportive services directly related to and in the same building with the p-•imary use(s). (2) Accessory retail and service commercial uses. subject to the following regulations: a. Have accessory retail or service commercial uses provided for the primary purpose of serving the occupants and/or employees of the primary use structure as well as visitors to and the general population of Ignition Park: and Examples of permitted accessory retail or service commercial uses include. but are not limited to: retail services. food services and personal services. (iii) Accessory Uses for Ig=nition Park (1) Miscellaneous: Including but not limited to: Conference Center. (2) Personal Service: Including but not limited to: Health Spa or Fitness Center. (3) Utilities: Including but not limited to: Electricity Relay Station: Public Utility Substation: Pumping Stations: Water Towers: Transportation Services. (4) Accessory Uses: Includin~~ but not limited to: accessory retail services: flood services: and. personal services. (b) Development Standards (i) l~~nition Park Perimeter The development standards contained in this sub-Section shall apply to the perimeter of l~~nition Park adjacent to all public streets and property boundaries. Development of individual parcels within Ignition Park shall not encroach into the overall perimeter yards. setbacks or landscape areas unless specitically authorized belo~~. (1) Access Access to Ignition Park shall be limited to shared street road cuts. Individual uses or buildin~~s shall not utilize a private. individual street road cut tnlless other~yise approved by the City Engineer. -3ooaoi <,~3~u~~a~i Draft Date: September 21.2010 >~ ~ 20' Setback i 5' Setback ~ --- ~ Area 1 =---~ Ignition Park `~ Area 2 Transpo Area Area 3 Lafayette Bivd./Main St. Area Area 4 Indiana Ave. Area Citv of South Bend, Indiana Ignition Park PUD I).1nIRL~ LAKOTA „. ~r Diagram 2: Arca 1 Setbacks ' LEGEND Access to individual parcels may be provided by the development of internal public streets. internal private streets or by limited private access easements servin~~ multiple uses within Ignition Park. Full-width street road cuts shall not exceed thirty-six (36) feet in width. Median divided street road cuts shall be of a width as approved by the City Engineer. All street road cuts shall be a minimum oftwo-hundred and fifty (250) feet apa-•t. All street road cuts shall be a minimum of three hundred (300) feet fi•om the intersection of two (2) streets. The location and number of access points shall be subject to the approval of the City Engineer. (2) Ignition Park Minimum Yard and Minimum Building Setback Requirements, refer to Diagram 2: Area 1 Setbacks. a. Front Yard and Building Setback -The minimum ti•ont yard and minimum buildin~~ setback. measured from the front lot line abutting a perimeter street shall be as follows: Sample /Prairie /Cotter / Kendall / Lafayette - 20'. PERIMETER STREET I 20'-0' I MIN. I; 20'-0" MIN. I I I' MIN. I ~~ ~ z it ~' ~ ~ ~ J ~I „ I Oio ~i W H o~ I I W ~ a L____ -SIDE OR REAR ______ ____ __ ________ LOT LINE 20'-0" MIN. MINIMUM YARD AND BUILDING SETBACK REQUIREMENTS: SAM PLE/PRAIRIE/COTTER/KENDALIJLAFAYETfE 4 l3DD-3o1 ~~33~x~ys~l Draft Date: September 21, 2010 ii. Franklin / Garst / Stull /Broadway - 5'. PERIMETER STREET ® ~'~ MIN. MIN. ~ MIN. i i __ I ac ~ w `~`oc ~ z y Q'~~ r i ~~ i W ¢ D F O I ~•. ~ Vli ~ K, ~ W I I Q. W d SIDE OR REAR ----.. LOT LINE _ _ _ --ac--- - 20'-0" j -_.._ _~ . _ MIN. e MINIMUM YARD AND BUILDING SETBACK REDUIREMENTS: FRANKLIN/GARST/STU LL/B ROAD WAY b. Side or Rear Yard and Building Setback -The minimum side or rear yard and buildin<~ setback measured fi-om a side or rear lot line -shall be 20'; provided. however. that the required minimLnn side or rear yard and building setback abuttin~~ an operating railroad right-of=«~ay shall be 5'. (3) Use of Ignition Park Minimum Yards All Ignition Park Minimum Yards shall be maintained as a landscaped yard area tree from buildings or structures unless specitically authorized below: a. Minimum ?0' Front Yards -may include: Ignition Park Campus Signs: entrance drives: walkv<~ays to building entrances: front stairs. stoops or patios which do not project into anv public right-ot=way: drainage features and utilities. b. Minimum S Front Yards -may include: entrance drives; walk~~avs to building entrances: firont stairs. stoops or patios ~~hich do not project into any public right-of-way: or. utilities. c. Side and Rear Yards -may include drives connecting to adjoining parcels. drainage features and utilities. 5 tinnl3ol ~3;nu~~s~~l Draft Date: September 21.2010 (4) Ignition Park Perimeter Landscaping Requirements All Ignition Park Perimeter Yards shall. at a minimum. be landscaped in compliance with the perimeter yard landscape requirements of Section 2l -07.01 (b) (1 }for the Landscaping of Required Perimeter Yards for Industrial Districts. Manmade or natural water featw-es may be incorporated into any front. side or rear yard landscape requirement. (5) ignition Park Campus Suns NOTE: As Ignition Park is developed, a comprehensive sign package may be developed and be presented to the Area Plan Commission for approval. Approval of such a comprehensive sign package by the Area Plan Commission would supersede the following sign re~~ulations. I;~nition Park Campus Signs shall provide identification to the entire Ignition Park and not to identif}~ any individual use or occupant within Is~nition Park. Type of Si«ns I~~nition Park Campus Si~~ns may be either: Entry Wall Signs -One (I) entry wall si~~n may be incorporated into an entry ~~~all treatment located on each side ofanv shared street road cut into I~~nition Park: or. r ii. Ground Signs -One (1) ground sign may be located at each shared street road cut into Ignition Park. b. Hei<~ht and Area: Entry ~~all treatments which include an I~~nition Park Campus Sign shall not exceed ten (10) feet in height. The total ~~~all area shall not be limited. however the portion of the ~~-all devoted to Ignition Park Campus Sign surface area shall not exceed sixty-four (64) square feet in area. ii. Ignition Park Campus Ground Signs shall not exceed eight (8) feet in hei~~ht or one-hund-•ed and twenty- ei~~ht (1 ?8) square feet in area. Setback -All portions of an I~~nition Park Campus Sign. ~~ Nether on an ent-•v wall or a fi-eestandiilg ground sign, shall be setback a minimum often (I 0) feet from the rid=ht-of-way of Sample /Prairie /Cotter / Kendall / Lafayette or a r~on~3ui r>>3~w~>a~i Draft Date: September 21, ?010 minimum of five (5) feet ti•om the right-of--way of Franklin / Gast / Stull /Broadway. d. Separation - No freestanding sign for any individual use or lot within Ignition Park shall be located within fifty (50) feet of a p-•oject ground sign. (ii) Ignition Park Interior Development Standards The Development Standards contained in this sub-Section are designed and intended to apply specitcally to the development of individual parcels within Ignition Park. If any portion of an i-~dividual parcel abuts the perimeter of Ignition Park, that portion of the individual parcel shall also comply with the Development Standards for the Ignition Park Perimeter. (1) Minimum Yards a-~d Minimum Building Setbacks [n order to provide maximl-m creativity and flexibility in the internal layout of I~~nition Park. there shall be no internal minimum front. side or rear yards or front. side or rear building setbacks from lot lines. except for those required around the perimeter of Ignition Park. (2) Minimum Separation Between Buildings Minimum buildin~~ separation shall be in compliance with all applicable local. state or federal building. fire and safety codes. (3) Use of Yards Between Buildings All ~~ards bet~~~een buildi-1gs shall be maintained as a la-~dscaped yard area free ti•om buildin~~s or structures unless specifically authorized below Yards Oriented toward the Central Green -may include directory / uavtinding signs. sidewalks. walkways. pedestrian ways. drainage features. utilities or outdoor seatin~~ areas. provided anv signs or outdoor seating areas: i. shall not block an entrance or exit to or ti•om the busi-less or buildin~~_ and_ ii. shall be located so as to not interfere or conflict with sidewalks. walkways. pedestrian ways or foundation landscapin~~. Side and Rear Yards of Buildings -may include interior access drives and driveways. loadin~~ areas. parking areas. directory /wayfinding signs. sidewalks, walkways. Hooi3ui ~~,3eo~>s~i Drafr Date: September 21.2010 pedestrian ways. drainage featu-•es, utilities and outdoor seating areas. provided any signs or outdoor seating areas: i. shall not block an entrance o-• exit to or from the business or building; and. ii. shall be located so as to not interfere or conflict with interior access drives or driveways. loading areas. parking areas. sidewalks. walkways, pedestrian ways or foundation landscaping. ~i ~ REAR YARD ~ ~ '~ ' LOADING AREA I PARKING ACCESS DRIVES f I ' _'. ... I I 1 I CLEAR ~ ~ ~ BUILDING ENTRANCE ALLOWABLE USE OF YARDS (-~) Buildin~~ Hei~~ht 0 -~ . J / -: a~_, z ~ w ~-.~^ W Z ~ -'~ OC 41 ,. _~C7 u '". - FOUNDATION LANDSCAPING SIDEWALK, WALKWAY OR PEDESTRIAN WAY - LANDSCAPED SIDE YARD AREA DIRECTORYJ1NAYfINDINGSlGN OUTDOOR SEATING AREA a. Maximum Building Height -The maximum building height shall he 90 feet. b. Minimum Buildin~~ Hei~~ht -The minimum building height shall be t~~enty-six (26) feet. (5) Landscaping If the Overall Perimeter Landscaping Requirements set forth above which abut a development parcel are not installed prior to the tine of development. each development parcel steal( be responsible for the installation of that development parcel's portion of the required Overall Perimeter Landscape Requirement that abuts the overall perimeter of I~~nition Park. 8 131~Ix3ol c~33eoes~l Draft Date: September 21.2010 (6) Foundation Landscaping for Individual Buildings. Creativity. compatibility, sustainability and maintenance shall be guiding principles in the development of a foundation landscape plan. Species and design character shall be harmonious with the landscape pattern established by the Ignition Park Perimeter Landscaping. Foundation landscaping shall, at a minimum. be landscaped in compliance with the foundation landscaping requirements of Section 2 I -07.01 (c) (1) of the South Bend Zoning Ordinance for Foundation Plantings for Industrial Districts. (7) Lighting -All outdoor light fixtures shall comply with the re~~ulations of Section 2 i-07.02: Li<~htin~~ Re~~ulations of the South Bend Zoning Ordinance except as specifically provided below: a. Freestandin~~. non-cutofftixtures shall be limited to locations alone sidewalks. ~~~alk~~ ays. or pedestrian ways. or outdoor seatin~~ areas: Low intensity /low output architectural li~hti-1~~. including ~~round mounted up-li~~htin~~ and wall fixtures. may be non- cutof~~: and. AI( other fi~eestandin~ or wall futures shall be full cutoff txtures. (8) Sigrns NOTE: As I~~nition Park is developed. a comprehensive si~~n packa~~e may be developed and be presented to the Area Plan Commission for approval. Appro~ al of such a comprehensive sign packa~~e by the Area Plan Commission would supersede the following si~~n re~~ulations. In addition to the Ignition Park Campus Signs. the following signs shall be permitted: Building Si~~ns -each buildin~~ shall be permitted the fO~~ov1~ll1~~: Freestanding Tenant Directory Signs -One (1) pylon si~~n oriented to the Central Green. not to exceed six (6) feet in hei~~ht or ei~~hteen (18) square feet in area. to identifi~ the use or uses within the building. I3DUrto1 t3,~~o~~s~l Draft Date: September 21, 2010 ii. Building ldentifiication Signs -Building identification signs shall be limited to wall signs as regulated in Section 21-07.03(d) for the OB -Office Buffer District and O -Office District. In addition. awning signs or canopy signs may be permitted subject to the provision of Section 21-07.03(d)(4Z(D). b. Incidental /Directional / Wa}Minding Signs -freestanding incidental /directional /wayfinding signs shall be permitted at each critical turning point along an interior access drive when required to safely direct vehicular traffic (e.g.. to direct vehicular traffic to a: particular use within Ignition Park; a customer or employee parkin; area; or. a delive-y or loading area). Such incidental /directional /wayfinding signs shall: not exceed two (2) square feet devoted to any particular per use or location: ii, may contain up to five (5) uses or locations for combined maximum sign area of up to ten (10) square feet per si«n for signs identifi in~~ more than one use or location: iii. not be located less than two (2) feet back from the back of curb /edge of pavement from any interior access drives: it . not he located f~u•ther than ten (10) feet from the back of curb ! ed~~e of pavement of an interior access drive: and. v. comply with the regulations of Section ? 1-01.01 - Clear Si<~ht Area Requirements of the South Bend Zonin<~ Ordinance. (9) Ofd=Street Parking Desi~~n and Construction ofOff-Street Parkin~~ Areas All ot~=street parking areas shall be designed and constructed in compliance ~~~ith the provisions of Section 21-07.04 (d) - Desi~~n and Construction of Ott Street Parkin<= Areas of the South Bend Zonin~~ Ordinance. 10 -3~n~BOi e;~~ons~ ~ Draft Date: September'I, 2010 b. Location of Off-Street Parking Areas All off-street parking shall be provided in common. integrated surfiace packing areas or structured parking designed to serve all uses within Ignition Park. Minimum Number of Required Off=Street Parkin,, Spaces Off-street parking within Ignition Pack shall be provided at a rate of not less than one (1)oft=street parking space for each 1.000 square feet of gross leasable area of all buildings then in existence in Ignition Park. (10) Off=Street Loading Design and Construction of Loading Areas Loading Areas for Semi-Trailer Size Vehicles All otf-street loadin~~ areas intended for Semi-T-•ailer size vehicles shall be desi>ned and constructed in compliance with the provisions of Section 21-07.05 (b) - Desi~~n and Construction of Loading Areas of the South Bend Zonin<~ Ordinance. Loading Areas for Parcel Delivery Size Vehicles PERIMETER OR INTERIOR STREET FRONT YARD 1 LOADING AREA J NOT ALLOWED ~-----~ LOADING AREA: NOT ALLOWED All oft=street loadin~~ areas intended for parcel delivery size vehicles shall be designed and constructed in compliance ~~ ith the minimum specifications prescribed by the Board of Public Works. Orientation of Loadin~~ Areas All loading areas. ~ nether designed for semi-trailer sized vehicles or parcel delivery size vehicles. shall be oriented to the side or rear facade of the building served. noting that the front ta~ade of the buildin~~ will be considered to be any facade oriented in~ti~ard to~~~ard the central portion of lgnition Park or outward to~~ard any perimeter street. 13n[n3ol e~,Lx-9s~,i Draft Date: September 21, 2010 Screening of Loading Areas All loading areas, whether designed for semi-h-~iler sized vehicles or parcel delivery size vehicles, shall be effectively screened from view from any perimeter public right-of--way through the use of buildings. screen walls. landscaping. landscape berms. or combination thereof . PERIMETER OR INTERIOR STREET SCREENING WITH SCREEN WALL -__ LANDSCAPING, LANDSCAPE BERMS ~"'' ~ BUILDING FflONT FACADE OR COMBINATION LOADING AREA: ALLOWED I~~~~~ r ~ I SCREENING PROVIDED ' I LOADING AREA I I ALLOWED I l 1 PERIMETER OR INTERIOR STREET BUILOINC Faonlr FACADE LOADING AREA: NOT ALLOWED NEW BUILDING t~- ~l I NO SCREENING I I LOADING AREA ' I NOT ALLOWED ' l J ~__.~ NEW BUILDING I~ ~3i~rn3o~ ~,~3~~oys~~i Draft Date: September 21, ?O10 PERIMETER STREET ._ ..- --- DUIIDING FRDNi FACA1IE ~~ ~_~ NEW BUILDING 1 r ~ ..... REAR YARD IDAUING AREA ALLOWED ~ ~ . . .. i ~ J L, NFW BUILDING ~---t_ J-'--J _,-~ ~./ _" CENTRA! GREEN LOADING AREA: ALLOWED (1 1) Outside Operations and Storage PERIMETER STREET ~~~CS' -.'til-- ~~- fiJIt DIN(; fRGN'FACADi ~- _ -Z ~~ NEW OUIIDING ~ ..... ~~ REAR YARD LORDING AREA NOT ALLOWEG CENTRAL GREEN LOADING AREA: NOT ALLOWED All uses and operations (except for oft=street parking and off-street loadin~~ and deliver. and walk-up customer service ~~indows) shall be conducted ~~ ithin completel}~ enclosed buildin«s. except where expressly permitted below: a. Outdoor seating. provided that such outdoor seati-Tg: i. Shall not be located in any public street right-of--way:. and. ii. Shall not block an entrance or exit to or from the business or buildinL~: 2. Area 2 - I~~nition Park: Transpo Area (a} Permitted Uses (i) Primar Uses (1) Miscellaneous: Including but not limited to: Bus Station: Bus Depot: Bus Maintenance Facility. t~ [TDDI3ol r,33no~~s~~l Draft Date: September 21.2010 (2) Government Use: Including but not limited to: Governmental Offices; Fire Station: Municipal /State Road Maintenance Facility; Police Station: Post Office -with or without outdoor parking of delivery vehicles. (3) Public Facilities: Inch-ding but not limited to: Community Center: Commercial Parking Lot; Parking Garage. (b) Develop-nent Standards -Same as the LI-Light Industrial District of the South Bend Zoning Ordinance. Area 3 l~~nition Park: Lafayette Boulevard /Main Street Area (a) Permitted Uses (i) Primary Uses (() Educational Uses: Includi-~g but not limited to: School -College / University, Primarv. Secondary. High School Continuing Education. Commercial. Trade. Industrial or Business. (2) Food Sales and Service: Including but not limited to: Bakery - Retail: Cafeteria: Convenience Store: Delicatessen: Restaurant - Fast Food (without drive-in or drive-throu~~h): Restaurant -Family: Restaurant - Family. «ith Lounge: Yoe=urt Store -Retail. (3) Industrial Use: Includin~~ but not limited to. Engineering Laboratories: Research Laboratories: Testing Laboratories (d) Office /Professional Services: Includin<~ but not limited to. Architect: Bank Machines -Walk-up: Consultant: Corporate Headquarters (ot~ice only): Dentist: Desi~~n Services: Engineer: Financial Institution: Manufacturers Representative: Physician: Pharmacist: Professional Offices: Service Or~~anization Office: Travel A~zencv. (~) Personal Seri-ice: Including= but not limited to: Barber Shop: Beauty Shop: Health Spa or Fitness Center: Tanning Salon. (6) Residential: Including but not limited to: Dwellings, Multifamily (apartment. townhouse or ro~~~ house type projects located along a block face): D«elling Unit -upper level. (7) Retail Including but not limited to: Apparel Shop: Card Shop: Computer Store: Drug Store: Flo~~er Shop: Gift Shop: Hobby Shop: Jewelry Store: Ne~~ sdealer; Office Supply Store: Shoe Store: Stationery and Book Store. 14 -3uDI3o~ ~;3~w~s~,i Draft Date: September 21. ?010 (ii) Accessory Uses - As --egulated by Section 21-03. i 1: General Regulations for Commercial /Mixed Use Districts. (b) Development Standards -Same as the MU-Mixed-Use District of the South Bend Zoning Ordinance. 4. Area 4 - I~~nition Park: Indiana Avenue Area (a) Permitted Uses (i) Primary Uses (1) Educational Uses: Including but not limited to: School -College / University. Primary. Secondary. High School Co-ltinuing Education, Commercial. Trade. Industrial or Business. (2) Food Sales and Service: Including but not limited to: Bakery - RetaiL• Cafeteria: Convenience Store: Delicatessen: Restaurant - Past Food (without drive-in or drive-through): Restaurant -Family; Restaurant -Family. ~~~ith Lounge: Yogurt Store -Retail. (3) Industrial Use: [ncluding but not limited to. Engineering Laboratories: Research Laboratories: Testin~~ Laboratories (4) Ot~Fice /Professional Services: Including but not limited to. Architect: Bank Machines -Walk-up: Consultant: Corporate Headquarters (office only): Dentist: Design Services: Engineer: Financial Institution: Manufacturers Representative: Physician: Pharmacist: Protessional Ot~ices: Service Ors=anization Oftice: Travel A~~encv. (5) Personal Service: Including but not limited to: Barber Shop: Beauty Shop: Health Spa or fiitness Center: Tanning Salon. (6) Residential: Including but not limited to: Dwellin~~s. Multitamily (apartment. to~~~nhouse or ropy house hpe projects located along a block face): D~~i~ellin~~ Unit -upper level. (7) Retail: Including but not limited to: Apparel Shop: Card Shop; Computer Store: Dru~~ Store: Flo~~~er Shop: Gift Shop: Hobby Shop: .lewelrv Store: Newsdealer: Ofi~ice Supply Store:. Shoe Store: Stationery and Book Store. (ii) Accessor~~ Uses -Section ? I -0 ~. 11: General Re~~ulations for Commercial / Mixed Use Districts. (b) Development Standards -Same as the MU-Mixed-Use District of the South Bend Zoning Ordinance. -s -3-~-xiot ~33yo9K~i Draft Date: September 21, 2010 General Provisions (a) Temporary Uses Due to the number of different land uses and the number of various construction contractors that may be working in the various portions of lgnition Park at the same time, it will be necessary to provide for information /sales /leasing or construction trailers as permitted Temporary Uses as generally provided for in Section 21-03.1 1: General Re~~ulations for Commercial /Mixed-Use Districts or Section 2 ] -04.1 ] General Regulations for Industrial Districts. The final location of all such information /sales / leasing or construction trailers shall be subject to the approval of the Executive Director. If a centralized information /sales /leasing or construction trailer area is established for Ignition Park. such trailers shall be permitted during the entire construction period of Ignition Park. lfscattered site information /sales /leasing o-• consh•uetion trailer locations are utilized for various individual sites. such trailers shall be permitted only during the construction period for that individual site. (b) Incorporation of South Bend Zoning Ordinance Certain Sections of the South Bend Zoning Ordinance. which are in effect as of the date of adoption of this lgnition Park PUD Ordinance. have been specifically noted in the text above as providing regulations for I~=nition Park. In addition, the following provisions of the South Bend Zoning Ordinance which are in effect as of the date of adoption of this lgnition Park PUD Ordinance and which may not have been specifically noted in the text above. shall also apply to development within I~~nition Park: (i) Section ? 1-Ol .Ol (k): Subdivision of Land: (ii) Section ? 1-Ol .Ol (s): Exemptions for Transportation. Comnumication and Utility Lines: (iii) Section 21-01.01 (t): Clear Sight Area Requirements: (iv) Section ? 1-Ol .Ol (u): Requirements for All Private Streets and Private Allevs_ (v) Section ? 1-Ol .0l (v): Exemption for Anti-Terrorism Devices and Portable Tort ers. (vi) Section ? I -0?.l 1: General Re~_ulations for Residential Districts shall be applicable to all residential or d~~elling uses within l~~nition Park: (vii} Section 21-03.1 1: General Regulations for Commercial /Mixed Use Districts shall be applicable to all commercial uses within lgnition Park: ~6 -3-~n[~o i -» ~~x~ng~ i Draft Date: September ? I , ?0 I 0 (viii) Sections 2 I -07.01 (d). 21-07.01 (e). 21-07.01 (~. 21-07.01 (g) and 21-07.01 (h): Landscape Regulations; (ix) Section 21-07.03 (c): Oil-Premise Signs: SFI, SF2. MFl and MF2 Districts; (x) Section 21-07.03 (e): On-Premise Signs: MU and CBD Districts: (xi) Section 21-08.01: Special Regulations for Wireless Telecommunications Facilities applicable to surface-mounted or root=mounted applications of telecommunication antenna on existing buildings or structures (the construction of new. freestanding telecommunication towers shall be prohibited within IPnition Park: (xii) Section 21-08.02: Special Re~~ulations for Controlled Uses: and. (xiii) Section 21-1 1.2: Detulitions. The terms or v`rords used in the text of this Preliminary Plan shall have the meanings set forth in Section 2 I -1 1.02: Definitions of the South Bend Zoning Ordinance. unless a contrary -neaning is: (i) required by the context of a particular sentence or phrase: or. (ii) specifically prescribed in a particular sentence or phrase. (c) Architectural Review Board An Architectural Revie~y Board ("ARB") shall be established fo-~ Ignition Park. The ARB shall revie~~ all land uses as well as all site plans. landscape plans. open space /outdoor seatin~~ plans. buildin~~ plans and si~~n plans for consistency and compatibilit} with the intent for I ~~nition Park as ~~°ell as the architectural themes and character established for I;~nition Park. All plans filed ~yith the Executive Director or Building Commissionee to establish any land use or for approval of any development ~~ithin Ignition Park shall include the written approval of the ARB. (d) Determination of Permitted Uses (i) Establishment of Uses - To assure the long te-•m compatibility of land uses ~~ithin I~~nition Park. especially-the size. scope and natrn•e of accessory uses, the establishment of any land use shall. in addition to approval of the ARB, be subject to the approval of the Executive Director. (ii) Similar and Comparable Uses - It is reco~~nized that the permitted use provisions of this Preliminary Plan may require interpretation to assi~~n 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 compatibilit}~ ~a ith land use characteristics typical of land uses permitted ~~ ithin those Areas. The Executive Director shall then determine if the proposed use is appropriate for the Area in question. 17 [3-~i~t~oi v~;~~oys~-i Draft Date: September 21.2010 (iii) 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 he deemed to require a new petition for zone map change. (iv) Uses From Other Areas -The Area Plan Commission may a~rthorize 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 Ignition Park. (v) Appeal of Executive Director Determination of Permitted Uses -Any determination by the Executive Director may be 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 2 I -OS (h) (1) of the South Bend Zoning Ordinance. (e) Alternate Development Standards In order to encourage innovative building and site designs capable of enhancing the quality ofthe Ignition Park built environment. an applicant may propose alternate development standards for: yards and building setbacks: use of minimum yards and residential bufi~eryards: maximum building height: minimum buildin~~ hei~~ht; maximum gross floor area: parking: loading: outdoor operations: architecture: landscapin~~: lighting: or. si~~ns. subject to approval b}~ the Architectural Review Boa-•d and the Area Plan Commission. Application for such alternate development standards shall be in the form oi'a Secondary Approval reterred to the Area Plan Commission for determination. (t) 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. 18 [~[m[3oi e33enys~, i Draft Date: September ? 1.2010