HomeMy WebLinkAbout26-18 Rezone: 24632, 24650, 24700, 24810, 24820, 24762, US Highway 20 and 54270 Pine Road LAWRENCE P. MAGLIOZZI
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 11+0 COUNI-Y-CITY BUILDING, SOUTH BEND, INDIANA +6601 (57+) 235-9571
June 19, 2018 rFiled Clerk's Office
Honorable Common Council 19 2018
4th Floor, County-City Building
South Bend, IN 46601 KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
RE: 24632, 24650, 24700, 24810, 24820, 24762 US Highway 20 and 54270 Pine Road, South Bend,
Indiana 46628
APC#2871-18
Dear Council Members:
Enclosed in an Ordinance for the proposed Zone Map Amendment at the above referenced location.Please
include the attached Ordinance on the Council agenda for first reading at your June 11, 2018 Council
meeting,and set it for public hearing at your August, 13 2018 Council meeting. The petition is tentatively
scheduled for public hearing at the July 17, 2018 Area Plan Commission meeting. The recommendation
of the Area Plan Commission will be forwarded to your office by noon on the day following the public
hearing.
If you have any questions, please feel free to contact our office.
SHnC 'CIy.
Jor an Wyatt
Planner
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.S T J O S E P H CO U N T Y I N 0 I A N A.C O M/AREA PLAN
3" SUBSTITUTE BILL NO. 26-18
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH
BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED IN GERMAN TOWNSHIP,CONTIGUOUS THEREWITH;COUNCILMANIC
DISTRICT NO. 1, FOR 24632, 24650, 24700, 24762, 24810, 24820 US HIGHWAY 20 AND
54270 PINE ROAD, SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to annex and rezone the property located at 24810, 24820 and 24762 US
Highway 20 from C: Commercial District and M: Manufacturing District in Unincorporated St.
Joseph County to PUD Planned Unit Development in South Bend and to rezone the property
located at 24632, 24650, 24700 US Highway 20 and 54270 Pine Road from LI Light Industrial
District to PUD Planned Unit Development for Mixed-Use Development including Commercial,
Industrial and Agricultural Uses.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana as follows:
SECTION 1. That the following described real estate situated in St. Joseph County, Indiana,
being contiguous by more than one-eighth(1/8) of its aggregate external boundaries with the
present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and
brought within the City of South Bend:
A PART OF THE SOUTH HALF OF SECTION 30, AND THE NORTH HALF OF SECTION
31, TOWNSHIP 38 NORTH, RANGE 2 EAST GERMAN TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA, ALSO LOT 1A IN CASCINO SECOND MINOR SUBDIVISION,
RECORDED UNDER INSTRUMENT NUMBER 9125343,ALSO LOT 1 IN KELLER AND
HALL MINOR SUBDIVISION, RECORDED UNDER INSTRUMENT NUMBER 9950876,
BOTH BEING RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH
COUNTY, INDIANA, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 IN KELLER AND HALL
MINOR SUBDIVISION; THENCE NORTH 00°23'29" WEST ALONG THE WESTERLY
LINE OF SAID LOT 1, 387.81 FEET TO THE NORTHWESTERLY MOST CORNER OF
SAID LOT 1; THENCE SOUTH 89°51'53"EAST, 249.65 FEET; THENCE NORTH 00°12'32"
WEST, 860 FEET, MORE OR LESS TO THE NORTHERLY RIGHT-OF-WAY OF U.S.
HIGHWAY 20; THENCE SOUTH 66°34'05"EAST ALONG SAID NORTHERLY RIGHT-
OF-WAY, 176.7 FEET, MORE OR LESS; THENCE NORTH 49°30'27"EAST ALONG SAID
NORTHERLY RIGHT-OF-WAY, 58.5 FEET, MORE OR LESS; THENCE SOUTH 55'23'13"
EAST ALONG SAID NORTHERLY RIGHT-OF-WAY, 239.5 FEET, MORE ORE LESS;
THENCE SOUTH 00 001'49" WEST, 285 FEET, MORE OR LESS TO THE NORTHEAST
CORNER OF LOT lA IN SAID CASCINO SECOND MINOR SUBDIVISION; THENCE THE
FOLLOWING (4) COURSES ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID
LOT 1A: 1) SOUTH 28°35'00" WEST, 27.84 FEET, 2) SOUTH 54°47'30"EAST, 313.42
FEET, 3) SOUTH 02°07'49"EAST, 129.92 FEET, 4) SOUTH 89°28'34" WEST, 354.02 FEET
TO A POINT ON THE EASTERLY LINE OF SAID LOT 1 IN KELLER AND HALL MINOR;
THENCE SOUTH 01 034'36"EAST ALONG THE EASTERLY LINE OF SAID LOT 1, 457.17
FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 89°47'33"
WEST ALONG THE SOUTH LINE OF SAID LOT 1, 553.56 FEET TO THE POINT OF
BEGINNING, SAID PARCEL CONTAINING 13.2 ACRES, MORE OR LESS, AND
SUBJECT TO EASEMENTS, COVENANTS, AND RIGHT-OF- WAY OF RECORD.
THIS LEGAL DESCRIPTION IS BASED ON RECORD INFORMATION, A BOUNDARY
SURVEY WAS NOT PERFORMED TO COMPLETE THIS DESCRIPTION.
SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby
declared to be extended so as to include the real estate of the above described parcel as part of the
City of South Bend, Indiana.
SECTION III. 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 SOUTH HALF OF SECTION 30, AND THE NORTH HALF OF SECTION
31, TOWNSHIP 38 NORTH, RANGE 2 EAST GERMAN TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA, ALSO ALL OF THE LOTS IN CASCINO SECOND MINOR
SUBDIVISION, RECORDED UNDER INSTRUMENT NUMBER 9125343, ALSO LOT 1 IN
KELLER AND HALL MINOR SUBDIVISION, RECORDED UNDER INSTRUMENT
NUMBER 9950876, BOTH BEING RECORDED IN THE OFFICE OF THE RECORDER OF
ST. JOSEPH COUNTY, INDIANA, ALL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 31; THENCE
SOUTH 00 017'04" WEST ALONG THE WEST LINE OF SAID SECTION 31, 1089.99 FEET
TO THE POINT OF BEGINNING; THENCE NORTH 89°53' 18" EAST, 588.56 FEET;
THENCE NORTH 00°35' 41" EAST, 355.17 FEET TO THE SOUTHWEST CORNER OF LOT
1 IN SAID KELLER AND HALL MINOR SUBDIVISION; THENCE NORTH 00°23'29"
WEST ALONG THE WESTERLY LINE OF SAID LOT 1, 387.81 FEET TO THE
NORTHWESTERLY MOST CORNER OF SAID LOT 1; THENCE SOUTH 89°51 '53" EAST,
249.65 FEET; THENCE NORTH 00'12'32" WEST, 683.24 FEET TO THE SOUTHERLY
RIGHT-OF-WAY OF U.S. HIGHWAY 20; THENCE THE FOLLOWING (13) COURSES
ALONG SAID SOUTHERLY AND WESTERLY RIGHT-OF-WAY: 1) SOUTH 61°31 '39"
EAST, 312.92 FEET, 2) SOUTH 02°00'00" EAST, 59.37 FEET, 3) SOUTH 61-20,23" EAST,
163.74 FEET, 4)NORTH 30°2748" EAST, 59.99 FEET, 5) SOUTH 55°14'09" EAST, 794.33
FEET, 6) SOUTH 37°57'27" EAST, 139.58 FEET, 7) SOUTH 28-45' 19" EAST, 935.25 FEET,
8) SOUTH O1 °33'09" EAST, 55.85 FEET, 9) SOUTH 89-42' 58" EAST, 14.92 FEET, 10)
NORTH O1 025' 40" WEST, 14.68 FEET, 11) SOUTH 29-30' 54" EAST, 653.16 FEET, 12)
SOUTH 09 030'22" EAST, 409.58 FEET, 13) SOUTH 03°54'27" EAST, 376.16 FEET TO A
POINT ON THE EAST/WEST CENTERLINE OF SAID SECTION 31; THENCE NORTH
89 036'02" WEST ALONG SAID EAST/WEST CENTERLINE, 381.54 FEET TO THE
CENTER OF SAID SECTION 31, ALSO BEING THE SOUTHEAST CORNER OF LOT 3 IN
R.M. LYNCH MINOR SUBDIVISION, RECORDED UNDER INSTRUMENT 8800527 IN
SAID RECORDERS OFFICE; THENCE NORTH 01'25'40" WEST ALONG THE EASTERLY
LINE OF SAID LOT 3, 946.65 FEET TO THE NORTHEAST CORNER OF SAID LOT 3;
THENCE NORTH 89°39'01" WEST ALONG THE NORTH LINE OF SAID LOT 3, 2505.42
FEET TO A POINT ON THE WEST LINE OF SAID SECTION 31; THENCE NORTH
00 017'04" EAST ALONG SAID WEST LINE, 616.06 FEET TO THE POINT OF BEGINNING,
SAID PARCEL CONTAINING 79.54 ACRES, MORE OR LESS,AND SUBJECT TO
EASEMENTS, COVENANTS,AND RIGHT-OF- WAY OF RECORD.
THIS LEGAL DESCRIPTION IS BASED ON RECORD INFORMATION, A BOUNDARY
SURVEY WAS NOT PERFORMED TO COMPLETE THIS DESCRIPTION.
be and the same is hereby established as PUD Planned Unit Development.
SECTION IV. This ordinance is and shall be subject to commitments as provided by Chapter 21-
09.02(d) Commitments, if applicable.
SECTION V. This Ordinance shall be in full force and effect 30 days from and after its passage
by the Common Council, approval by the Mayor, and legal publication.
Tim Scott, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City
of South Bend, Indiana on the day of ,2018,at o'clock
. m.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2018, at o'clock
.m.
Pete Buttigieg, Mayor
City of South Bend, Indiana
z
PETITION FOR ANNEXATION AND ZONE MAP AMENDMENT
City of South Bend, Indiana
I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at:
Within City Boundary
24632 US Highway 20, South Bend, IN 46628
24650 US Highway 20, South Bend, IN 46628
24700 US Highway 20, South Bend, IN 46628 Filed in Clerk's Office
54270 Pine Road, South Bend, IN 46628
Outside City Boundary H 0 5 E
24810 US Highway 20, South Bend, IN 46628
24820 US Highway 20, South Bend, IN 46628 (2 parcels) KAREEMAH FOWLER
24762 US Highway 20, South Bend, IN 46628 CITY CLERK,SOUTH arnN® IN
2) The property Tax Key Number(s) is/are:
Within City Boundary
025-1021-035110
025-1021-035201
025-1021-035202
025-1021-035301
025-1021-035303 (no property address)
025-1021-035302 (no property address)
025-1021-036004 (no property address)
Outside City Boundary
004-1020-034401
004-1020-0345
004-1021-0352
004-1020-034501
3) Legal Description(s)Please note, if the public right-of-way adjacent to the parcel is not already within City limit,
the legal description MUST include the right-of-way: See Appendix A
4) Total Site Area(excluding right-of-way): 79.54 acres
5) Name and address of property owner(s)of the petition site:
SBCC Development Corp.
3300 W Sample Street
South Bend, IN 46617
574.233.2577
mtarner@sbchocolate.com
Name and address of additional property owners,if applicable: VA
6) Name and address of contingent purchaser(s), if applicable: N/A - FILED -
Name and address of additional property owners,if applicable: N/A ,JUN 04 2018
AREA PLAN C �10
A iication#
7) It is desired and requested that this property be rezoned:
From: C-Commercial, LI-Light Industrial, M-Manufacturing Industrial(St. Joseph County districts)
To: Planned Unit Development
8) This rezoning is requested to allow the following use(s): Mixed use development including commercial, industrial
and agricultural uses.
IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section):
1)N/A
2) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health, safety,morals and general welfare of the
community: N/A
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner; and: N/A
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: N/A
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section):
1) A detailed description and purpose of the Special Exception Use(s)being requested: N/A
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
(a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards,
convenience or general welfare: N/A
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: N/A
(c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein; and: N/A
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan.N/A
* In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
Filed in Clerk's Office
CONTACT PERSON: — -FILED°
Abonmarche Consultants, Inc.
Attn: Brian McMorrow JUN 0 5 2018
750 Lincoln Way East JUN 04 2018
South Bend, IN 46601 KAREEMAH FOWLER ► AREA PLAN CUM I
574.314.1022 CITY CLERK,SOUTH BENC, Ins ! q lication#
bmcmorrow&abonmarche.com
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Si ature(s) of all property owner(s):
bv%w AAC.Ahoopot-j- N Pop- mpulmUT DWN
Filed in Clerk's Office
r
JUN 0 5 2018 s
1
KAREEMAH t-r)Wy
CITY CLERK,SUU 1
- FILED-
JUN 04 2018
AREA PLAN CU-',' ' SSION
Application#
APPENDIX A
LEGAL DESCRIPTION
A PART OF THE SOUTH HALF OF SECTION 30, AND THE NORTH HALF OF SECTION 31, TOWNSHIP 38 NORTH,
RANGE 2 EAST GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, ALSO ALL OF THE LOTS IN CASCINO
SECOND MINOR SUBDIVISION, RECORDED UNDER INSTRUMENT NUMBER 9125343, ALSO LOT 1 IN KELLER AND
HALL MINOR SUBDIVISION, RECORDED UNDER INSTRUMENT NUMBER 9950876, BOTH BEING RECORDED IN THE
OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, ALL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 31; THENCE SOUTH 00°17'04" WEST ALONG
THE WEST LINE OF SAID SECTION 31, 1089.99 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°53'18"
EAST, 588.56 FEET; THENCE NORTH 00°35'41" EAST, 355.17 FEET TO THE SOUTHWEST CORNER OF LOT 1 IN SAID
KELLER AND HALL MINOR SUBDIVISION; THENCE NORTH 00°23'29" WEST ALONG THE WESTERLY LINE OF SAID
LOT 1, 387.81 FEET TO THE NORTHWESTERLY MOST CORNER OF SAID LOT 1;THENCE SOUTH 89°51 '53" EAST,
249.65 FEET: THENCE NORTH 00 012'32" WEST, 683.24 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY
20; THENCE THE FOLLOWING (13) COURSES ALONG SAID SOUTHERLY AND WESTERLY RIGHT-OF-WAY: 1)
SOUTH 61 031'39" EAST, 312.92 FEET, 2) SOUTH 02°00'00" EAST, 59.37 FEET, 3) SOUTH 61°20'23" EAST, 163.74 FEET,
4) NORTH 30°27'48" EAST, 59.99 FEET, 5) SOUTH 55°14'09" EAST, 794.33 FEET, 6) SOUTH 37 057'27" EAST, 139.58
FEET, 7) SOUTH 28°45'19" EAST, 935.25 FEET, 8) SOUTH 01.33'09" EAST, 55.85 FEET, 9) SOUTH 89°42'58" EAST,
14.92 FEET, 10) NORTH 01°25'40" WEST, 14.68 FEET, 1 1) SOUTH 29°30'54" EAST, 653.16 FEET, 12) SOUTH 09°30'22"
EAST, 409.58 FEET, 13) SOUTH 03°54'27" EAST, 376.16 FEET TO A POINT ON THE EAST/WEST CENTERLINE OF SAID
SECTION 31:THENCE NORTH 89 1136'02" WEST ALONG SAID EAST/WEST CENTERLINE, 381 .54 FEET TO THE CENTER
OF SAID SECTION 31, ALSO BEING THE SOUTHEAST CORNER OF LOT 3 IN R.M. LYNCH MINOR SUBDIVISION,
RECORDED UNDER INSTRUMENT 8800527 IN SAID RECORDERS OFFICE; THENCE NORTH 01'25'40" WEST ALONG
THE EASTERLY LINE OF SAID LOT 3, 946.65 FEET TO THE NORTHEAST CORNER OF SAID LOT 3; THENCE NORTH
89 039'01" WEST ALONG THE NORTH LINE OF SAID LOT 3, 2505.42 FEET TO A POINT ON THE WEST LINE OF SAID
SECTION 31; THENCE NORTH 00 017'04" EAST ALONG SAID WEST LINE, 616.06 FEET TO THE POINT OF
BEGINNING, SAID PARCEL CONTAINING 79.54 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS,
COVENANTS, AND RIGHT-OF- WAY OF RECORD.
THIS LEGAL DESCRIPTION IS BASED ON RECORD INFORMATION, A BOUNDARY SURVEY WAS NOT PERFORMED
TO COMPLETE THIS DESCRIPTION.
0:\Projects\2018\18-0244 South Bend Chocolate Development\Survey Docs\Internal\2018.06.03 PUD Legal Descdpfion.docx
L Office 0
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-FILLID-
JUN 04 2018
AREA PLAN,Gur uVi1BSIUN
A lication#
45pUT88
Department of
Community Investment
1865
Memorandum Fred in Clerk's ice
Monday,June 11,2018
TO: Kara Boyles, Engineering JUN 11 018
Mike Bronstetter, Environmental Services (Solid Waste)
Aladean DeRose, Legal KAREEMAH FOWLER
Ed Herman, Water Works CITY CLERK,SOUTH SENC,IN
Jennifer Hockenhull,Administration & Finance
Larry Magliozzi,Area Plan Commission
Federico Rodriguez, Fire
Captain Christopher Voros, Police
Randy Wilkerson and Tracy Skibins, Code Enforcement
FROM: Michael Divita, Principal Planner
SUBJECT: Request for Service Reports
South Bend Chocolate Annexation Area
(100%Voluntary Annexation of Contiguous Property)
A petition for voluntary annexation of the South Bend Chocolate Annexation Area has been received
by the City and will receive First Reading by the Common Council today,June 11, 2018.
The proposed Annexation Area consists of four parcels and adjoining right-of-way totaling about 13
acres and is located on US 20 (Lincolnway West) near Olive Road. The area currently contains
commercial buildings and wooded land and is zoned commercial and manufacturing in the County.
With the annexation, the petitioner seeks rezoning to "PUY Planned Unit Development to permit
commercial, industrial, and agricultural uses.
Please complete the Service Report addressing how your Department will or can provide City
services to the proposed Annexation Area, and return it to me by June 25, 2018. This deadline must
be met so that the Legal Department can prepare the necessary resolutions in time to be considered
by the Board of Public Works and the Board of Public Safety. Afact sheet, map, and an annexation
schedule are attached to assist you in your review.
If you have any questions, please contact me at 235-5843 or mdivita @southbendin.gov.
cc: Mayor Pete Buttigieg
Laura O'Sullivan, Chief of Staff, Office of the Mayor
Members, South Bend Common Council
Bob Palmer, Attorney for the Common Council
James Mueller, Executive Director, Community Investment
Tim Corcoran, Director of Planning, Community Investment
Kareemah Fowler, City Clerk
Bianca Tirado, Deputy City Clerk
John McNamara, County Surveyor
am
227 W.JEFFERSON BLVD.SOUTH BEND, IN 46601 1 P: 574-235-9371 1 FAX: 574-235-9021 1 SOUTHBENDIN.GOV
SERVICE REPORT CHECK LIST
Department of Law: 1) legal concerns, if any (if none, no report is required)
Public Works: 1) location, size, and capacity of sewer line(s)
2) listing of properties connected to sewer line(s)
3) any public improvements required or suggested, such as street
signs, street lighting, pavement upgrade, storm drainage
4) cost, timing, and source of funds for providing those
improvements (within 1 year for non-capital items and 3 years
for capital items)
5) a listing of properties covered by waivers
Water Works: 1) location, size, and capacity of water line
2) listing of properties connected to water line(s)
3) cost, timing, and source of funds for providing those
improvements (within 1 year for non-capital items and 3 years
for capital items)
Police Department: 1) Police Beat to be assigned
2) cost, timing, and source of funds of providing any improvements
3) whether comparable response time can be maintained
Fire Department: 1) primary and secondary fire stations to be assigned
2) cost, timing, and source of funds of providing any improvements
3) whether comparable response time can be maintained
Code Enforcement: 1) Code Enforcement Area to be assigned
2) whether comparable response time can be maintained
Area Plan: 1) current zoning of property
2) anticipated/required zoning
3) compatibility of land uses relative to city zoning
4) copies of recorded subdivision plats, if any
Admin/Finance:' 1) (no report necessary for this annexation)
Environmental 1) capacity to provide solid waste service
Services: 2) cost to owner of service
3) when service can begin
County Surveyor: 1) verify accuracy of legal description
INITIAL REVIEW FACT SHEET 100% VOLUNTARY ANNEXATION
South Bend Chocolate Annexation Area German Township Prepared June 2018
A. Annexation Criteria (Minimum) Analysis Criteria Met?
1. Contiguity: At least 1/8 (12.5%) 53% Yes
and
2. 100% of owners signed petition 100% Yes
and
3. a. essential City services are/can be provided Yes
b. City is able to provide services Yes
c. territory is contiguous Yes
B. General
Location: US 20 (Lincolnway West), near Olive Road
Address(es): 24810 US 20 24820 US 20 backlot
24820 US 20 24762 US 20
Tax Key Number(s): 004-1020-034401 004-1020-034501
004-1020-0345 004-1021-0352
Subdivision(s) of Record: Cascino Second Minor, Keller& Hall Minor, None
Acres: 13
Current Net Assessment: $365,300
Current Population: 0
Proposed Population: 0
Current Land Use: Commercial, Wooded
Proposed Land Use: Mixed Use (Commercial, Industrial, Agricultural)
Current Zoning: "C" Commercial District,St.Joseph County
"M" Manufacturing Industrial District, St. Joseph County
Proposed Zoning: "PUD" Planned Unit Development District, City of South Bend
Council District: 1St Council District
Scheduled Effective Date: September 30, 2018
Comments: The proposed Annexation Area includes the adjacent US 20
(Lincolnway West) right-of-way.
Map
SB Chocolate Annexation Area
4
�L
.t.
NORTH
0 250 500 1.000
QCity of South Bend -SB Chocolate Annexation Area
Fe et
Prepared by City of South Bend Depart ment of Community Investment June 11.2018
Filed in Clerk's Office
JUN '1 1 2018
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND, IN
Legal Description
A part of the South Half of Section 30, and the North Half of Section 31, Township 38 North,
Range 2 East, German Township, St. Joseph County, Indiana.
Specific legal description is forthcoming from the petitioner.
Filed in Qlerk'§ Office
JUN I I Wo
KAnEEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
Proposed Schedule for South Bend Chocolate Annexation Area
File Date 6/5/18
Council 1st Reading 6/11/18
Fiscal Plan Service Request Sent 6/11/18
Fiscal Plan Service Request Due 6/25/18
Fiscal Plan Done 7/9/18
Area Plan Commission Public Hearing 7/17/18
Board of Public Safety 7/18/18
Board of Public Works Agenda Session 7/19/18
Council Advertisement 7/20/18
Board of Public Works Hearing 7/24/18
Fiscal Plan Resolution to Clerk 8/8/18
Council 2nd Reading 8/13/18
Council 3rd Reading 8/27/18
Ordinance Advertised 8/31/18
Appeal Period Start 8/31/18
Appeal Period End 9/30/18
Filed in GIork'f ice
JUN 1 1 2010
KAREEMAM FOWLER
CITY CLERK,SOUTH BEND, IN
LAWRENCE P. MAGLIOZZI
I\I,c'III"I\'F 0 It IC 10K
Angela M. Smith
1),•P111,D--.,
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JFFFI-RSI)N BL\'h., ROOM 11411 CMIN'I-Y-CITY BIIILOING, SolFIAl BEND, INDIANA 4 660 1 IS 74)21S 9 S 71
Wednesday,July 18, 2018
The Honorable Council of the City of South Bend
4th Floor,County-City Building
South Bend, IN 46601
RE: A proposed ordinance of SBCC Development Corp. to zone from C: Commercial District,M: Manufacturing
Industrial District (County)and LI Light Industrial District(City),to PUD Planned Unit Development District
(City), property located at 24632,24650,24700 U.S. Highway 20 and 54270 Pine Road,City of South Bend -
APC#2871-18.
Dear Council Members:
I hereby Certify that the above referenced ordinance of SBCC Development Corp. was legally advertised on July
5, 2018 and that the Area Plan Commission at its public hearing on July 17, 2018 took the following action:
Upon a motion by John Leszczynski, being seconded by Oliver Davis and unanimously carried,a
proposed ordinance of SBCC Development Corp. to zone from C: Commercial District, M:
Manufacturing Industrial District (County)and LI Light Industrial District(City)to PUD Planned Unit
Development District(City), property located at 24632, 24650,24700 U.S. Highway 20 and 54270
Pine Road, City of South Bend, is sent to the Common Council with a FAVORABLE
recommendation. Utilizing a Planned Unit Development will allow for a large mixed-use project that
will be a major point of interest and increase the amount of tourists coining to the City of South Bend.
Locating this project near a major road, air and rail connection will help serve the visitors to the site
by providing multiple modes of transportation.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading.The amended Ordinance was legally advertised and heard by the Area Plan
Commission.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown
in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincere r,
Lawrence P. Magliozzi
Attachment
CC: SBCC Development Corp.
Abonmarche Consultants, LLC
SERVING ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY . OSCEOLA & ROSELAND
W W W S J C I N 0 I AN A C 0 M 13 0 6 1 a r e.- p I,n
Staff Report 7/9/2018
APC# 2871-18
Owner: SBCC Development Corp.
Location: 24632, 24650, 24700 U.S. Highway 20 and 54270 Pine Road
Jurisdiction: St. Joseph County
Public Hearing Date: 7/17/2018
Requested Action:
The petitioner is requesting a zone change from C: Commercial District(St. Joseph
County),M: Manufacturing Industrial District(St. Joseph County)and LI Light Industrial
District(South Bend)to PUD Planned Unit Development District(South Bend)
Land Uses and Zoning:
On site: On site are businesses and vacant land zoned LI Light Industrial District
(South Bend), C: Commercial District and M: Manufacturing District(St.
Joseph County).
North: To the north, across US Highway 20, is a church zoned R: Single Family
District(St. Joseph County) and a distribution center zoned M:
Manufacturing District(St. Joseph County).
East: To the east, across the interchange of US Highway 20 and the St. Joseph
Valley Parkway, is the South Bend International Airport zoned LI Light
Industrial District(South Bend).
South: To the south is a business zoned M: Manufacturing District(St. Joseph
County).
West: To the west is a business zoned M: Manufacturing District(St. Joseph
County) and single-family homes zoned R: Single Family District(St.
Joseph County).
District Uses and Development Standards:
The Planned Unit Development(PUD) District is intended to: establish a compatible and
efficient mix of land uses and open space; ensure compatibility with the Comprehensive
Plan, surrounding developments and future development needs; establish a creative
approach in building design through architectural compatibility with adjacent buildings,
general neighborhood design or by creating a unique style; achieve flexibility and provide
incentives for development that will sustain a wider range of choice in satisfying the
changing needs of the community; and provide for any individual land or combination of
land uses not otherwise specified elsewhere in this Ordinance. The PUD District is not
intended for the development of residential subdivisions,Permitted Uses, or Special
Exception Uses which are provided for within any district of this Ordinance.
Site Plan Description:
The PUD will have two main districts: Core District and Agricultural District. The Core
District is intended to have the characteristics of an old-world village. Some of the uses in
this district include a chocolate factory, dinosaur museum, restaurants,retail,hotels, fuel
station and farmers market. The Agricultural District is intended to highlight the natural
and agricultural amenities of the property. Some of the uses in this district include
orchards/vineyards,buffalo paddock,petting barn, restaurants and other agricultural uses.
APC# 2871-18 Pagel of 3
Staff Report 7/9/2018
Access points are shown on the frontage with Lincolnway and Pine Road. Development
within 200'of the road frontage must be landscaped in compliance with the CB
Community Business landscaping regulations. A proposed sign plan including a Bypass
sign,main entrance sign, secondary access sign and provisions for wall and roof signs is
included.
Zoning and Land Use History And Trends:
A portion of the petitioned property was rezoned to LI Light Industrial District and
annexed into South Bend in 2016. One of the parcels included in this petition was rezoned
to C: Commercial District(Unincorporated St. Joseph County) in 1996.
Traffic and Transportation Considerations:
US Highway 20 expands from two to four lanes and intersects with the St. Joseph Valley
Parkway adjacent to the site. Primary access will be from US Highway 20. Secondary
access would be provided from Pine Road which is two lanes.
Utilities:
The site will be served by municipal water and sewer.
Agency Comments:
County Engineering anticipates that INDOT will require a traffic impact study that will
help guide transportation improvements for US Highway 20. This would help the City and
County as well in evaluating necessary road/intersection improvements. INDOT
considerations will be needed at a future date. County Engineering also anticipates
recommending Pine Road improvements to accommodate the future projected traffic. City
Engineering stated they have a consultant to help survey and design the sewer extension to
the project. They also noted that per INDOT policy,the portioner will have to pay for the
new intersection and any improvements with the access point on US Highway 20. City
Engineering also requested more detailed plans for their continued review of the site. The
Department of Community Investment offers a favorable recommendation.
Commitments:
There is an existing written commitment on the property, stating the following: Upon
filing of an Improvement Location Permit for the development of any portion of the
Airport Authority Annexation Area, a Pine Road Improvement Plan must be submitted by
the developer(s) of the Area. Such Improvement Plan must include a traffic analysis, an
engineering study of the condition of Pine Road, a cost analysis of required improvements
or reconstruction and any other information requested by both the St. Joseph County Board
of Commissioners,the South Bend Board of Public Works and the Indiana Department of
Transportation. At a minimum,the Improvement Plan must address the area of Pine Road
from U.S. 20 on the North to Edison Road on the South and the intersection of Pine Road
and U.S. 20. Any improvements or reconstruction required will be at the cost of the
developer(s),or as otherwise negotiated by the respective governmental entities.
Criteria to be considered in reviewing rezoning requests,per IC 36-74-603:
1. Comprehensive Plan:
Policy Plan:
The petition is consistent with City Plan, South Bend Comprehensive Plan(2006),
Objective 6.1: Promote orderly and planned growth that expands outward from current city
APC 4 2871-18 Page 2 of 3
Staff Report 7/9/2018
limits; and Objective ED 9: Increase the amount of revenue generated from tourism.
Land Use Plan:
The Future Land Use Plan identifies this area for light industrial development.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
The properties along US Highway 20 near the intersection with the St. Joseph Valley
Parkway have developed as manufacturing and commercial uses. The properties along
Pine Road are rural residential.
3. Most Desirable Use:
The most desirable use for the property would be one that is harmonious with the
surrounding mix of industrial, commercial and residential properties.
4. Conservation of Property Values:
With proper buffering and screening,the neighboring residential properties should not be
adversely affected.
5. Responsible Development And Growth:
It is responsible development and growth to develop large areas of interest close to major
intersections and near transportation connections such as the South Bend International Airport
and South Shore Line.
Staff Comments:
The staff has no additional comments at this time.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation.
Analysis:
Utilizing a Planned Unit Development will allow for a large mixed-use project that will be
a major point of interest and increase the amount of tourists coming to the City of South
Bend. Locating this project near a major road, air and rail connection will help serve the
visitors to the site by providing multiple modes of transportation.
APC# 2871-18 Page 3 of 3
LAWRENCE P. MAGLIOZZI
I'xI C11T I V DI RF.C10It
q 3C
Angela M. Smith
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERS014 BLVD., ROOM 11411 COLINTY-CITY Bl[ILDIN(;, c(11ITF[ BEND, INDIANA 46601 (574) ?55-9571
7/18/2018
Honorable South Bend Common Council
4'" Floor,County-City Building
South Bend, IN 46601
RE: Bill#26-18
Rezoning: APC#2871-18—24632, 24650, 24700 U.S. Highway 20 and 54270 Pine Road
Dear Council Members:
The Area Plan Commission held a public hearing on July 17, 2018 for the above referenced petition.This petition
is set for public hearing before the Common Council on Monday, August 13, 2018.
Ordinance&Petition Amendments:
The ordinance included an amended legal description to include to correct area for the annexation and correct area
for the rezoning.
The PUD ordinance includes 5 amendments:
1) Parking and interior access drives will have a 15' setback from the property line in the Core District.
2) Include a 50' setback from the public right-of-way in the Agricultural District.
3) Add item"C"under the Administrative section, "This site is subject to written commitments as recorded in the
St.Joseph County Recorders Office, Document#1701542."
4) Add item "D" under the Administrative section, "Final site plans will require review by the South Bend
International Airport."
5) Add the current uses on the site: storage and minor automobile repair without outdoor operations or storage,to
the permitted uses of the PUD ordinance.
Public Hearint!Summary:
There was no one to speak in favor or against this petition.
If you have any further questions, please feel free to contact me at(574)235-9571.
Si cerely,
Jordan Wyatt
Planner
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.S T I O S E P H C O LI N T Y INDIANA.CO M/A R E A P L A N
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Rezoning from: CITY OF SOUTH BEND
LI LIGHT INDUSTRIAL AND ST. JOSEPH COUNTY M: MANUFACTURING DISTRICT TO
CITY OF SOUTH BEND PUD PLANNED UNIT DEVELOPMENT N
MASTER ZONING KEY
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COUNTY"A"AGRICULTURAL DISTRICT
COUNTY"R"SINGLE FAMILY DISTRICT S
COUNTY"C"COMMERCIAL DISTRICT 1 inch = 500 feet
COUNTY"M"MANUFACTURING INDUSTRIAL DISTRICT APC # 2871 -18
SOUTH BEND"LI"LIGHT INDUSTRIAL DISTRICT
THE
SOUTH BEND CHOCOLATE
COMPANY
PLANNED UNIT DEVELOPMENT
by and for
SBCC DEVELOPMENT CORP.
DRAFT 4
JULY 18, 2018
Approved by the City of South Bend on [Insert Date]
Ordinance [insert number]
Approved Amendments:
Date Section Summary Approved By
Approved
The South Bend Chocolate Company
Planned Unit Development by and for SBCC Development Corp.
INTRODUCTION
SBCC Development Corp. seeks to rezone 82.62 acres
from C (Commercial), LI (Light Industrial), and M
(Manufacturing Industrial) to a Planned Unit
Development (PUD) classification in order to provide for
a unique mixed-use development. Many parcels of the ','"`
tract are already annexed into the City of South Bend
(Parcels: 025-1021-035110, 025-1021-035201, 025-1021-
035202, 025-1021-035301, 025-1021-035303, 025-1021-
035302, & 025-1021-036004), though the remainder of the
parcels currently under Unincorporated St. Joseph
County jurisdiction (Parcels: 004-1020-034401, 004-1020- w
0345, 004-1021-0352, & 004-1020-034501) will be annexed
into the City of South Bend as well (See Figure 1). This -
mixed-use development, "The South Bend Chocolate
Company," will include two (2) major land use areas:The i
Core District and The Agricultural District. This PUD s
ordinance serves as a general concept plan, much as a
comprehensive plan identifies future conceptual land
use patterns for a community. Figure 1:Map of Existing Zoning and Municipal Limits
The developed South Bend Chocolate Company tract will be reminiscent of a fluid and
compact old world village. The Core District will host a casual, open-air market atmosphere,
much like classic European cities of the past. The balance of the property will be rural,
consistent with the Michiana region, but will also provide modern accommodations.
Development of the tract will grow organically in order to achieve this distinct mix of uses. Roads
and paths within the development will wind through the vernacular buildings, outdoor rooms
and natural areas, giving visitors the opportunity to explore and discover the many surprises and
marvels at "The South Bend Chocolate Company" that will change seasonally. This distinctive
development will effectively take visitors back in time to a unique settlement with nature at its
center,while at the same time will establish a sustainable operation that benefits the community
as a whole.
"The South Bend Chocolate Company" will be a regional destination for local residents and out-
of-town visitors alike. Not only will the development host the primary production facility for the
world-renowned South Bend Chocolate Company, but the site will offer year-round
entertainment, education, retail, and hospitality opportunities for all ages. Visitors may return
multiple times over the course of the year to have a different experience each time. "The South
Bend Chocolate Company" will be a one-of-a-kind development with a significant positive
economic impact on the local economy by offering agricultural, industrial and natural tourism
opportunities on one tract-a site truly devoted to "makers and growers" of South Bend and the
region. The development will emphasize the importance of preserving valuable agricultural
land and the natural environment. Visitors will have the opportunity to explore and learn about
agriculture and the natural environment, interact with animals, dine on fresh and local food,
learn about The South Bend Chocolate Company, explore the archeological history of Indiana,
enjoy luxurious overnight accommodations, participate in festivals, and much more. "The South
Bend Chocolate Company" will truly be a timeless destination for people of all ages to enjoy,
explore, and to return to time and time again.
REVISED DRAFT 4_2018.07.18 Page 1 of 12
MAJOR LAND USE AREAS
The shapes and locations of the major land use areas are formed by both the topography of the
land and existing trails and paths. These areas are intended to be approximate designations
rather than definite boundaries. The boundaries are based on initial programming and may shift
due to market changes and/or changes in programming. These approximate internal
boundaries are thus subject to change in accordance with the Administrative Section of the
PUD Ordinance. "The South Bend Chocolate Company" will evolve organically, though there
are general development standards for the development as a whole, ensuring the public
health, safety, morals and general welfare of the community, which are described in
subsequent sections of this PUD ordinance.
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REVISED DRAFT 4_2018.07.18 Page 2 of 12
A. The Core District
Intent: The Core District is envisioned to be the main activity nucleus for "The South Bend
Chocolate Company Project" where the main "village" will be. This area will
have the characteristics of a compact old world village. The Core District will
house The South Bend Chocolate Company's production facility as well as the
Indiana Dinosaur Museum and other commercial venues. The District will also
include an amenity-based hotel and a potential transportation hub. Depending
on the nature of future tenants, buildings and infrastructure will evolve fluidly,
consistent with an old world village.
Permitted uses including, but not limited to:
- Chocolate Factory
- Dinosaur Museum
- Brewery/Restaurant
- Bar/Restaurant
- Retail
- Farmer's Market
- Amphitheater
- Bus Parking
- Fuel Station
- Agriculture
- Merchant Wagons / Carts
- Carriage Ride Stations
- Pop-up Retail Opportunities
- Food Trucks
- Artisan /Craft Fairs
- Hotel
- Guest Rooms
- Ballrooms
- Meeting Rooms
- Spa
- Facility Building
- Camping Facilities
- Portable Sanitary Facilities
- Transportation Hub
- Indoor Storage and Warehousing
- Minor Car Repair without Outdoor Storage or Operations
Prohibited uses:
- Adult Businesses
- Amusement Arcades
- Nightclubs
- Cabaret-21 and Over
- Cabaret-Adult
- Gun Shops and Gunsmith Shops
- Pawnshops
- Off-Track Pari-mutuel Wagering Facility
9 g Y
- Casino
- Tattoo, Body Piercing, Scarifying and Branding Establishments
REVISED DRAFT 4_2018.07.18 Page 3 of 12
B. The Agricultural District
Intent: The Agricultural District is envisioned to highlight the natural and agricultural
amenities of the tract. The natural environment is a fundamental asset of "The South
Bend Chocolate Company," and this District builds upon this asset. Tenant farmers will
operate the agricultural land, and food grown in these fields will be served in restaurants
on-site, supporting a goal to create a consciousness of healthy food choices. The
Agricultural District will also offer a variety of recreational and educational options for all
ages, providing access to animals and access to fields, pastures, vineyards, and gardens.
Permitted uses may include, but are not limited to:
- Agricultural Uses
- Cider Mill
- Small Animal Petting Barn
- Equipment Storage
- Produce Fields
- Orchard
- Buffalo Paddock
- Vineyard
- Winery/ Restaurant
- Recreational Facilities
- Camping Facilities
- Portable Sanitary Facilities
Prohibited uses:
- Adult Businesses
- Amusement Arcades
- Nightclubs
- Cabaret-21 and Over
- Cabaret-Adult
- Gun Shops and Gunsmith Shops
- Pawnshops
- Off-Track Pari-mutuel Wagering Facility
- Casino
- Tattoo, Body Piercing, Scarifying and Branding Establishments
In any case for which an applicable development standard has not been specified in the
petition for zone map change to the PUD District, the development standard must be that which
is specified in the district in which the use is first permitted in the City of South Bend Zoning
Ordinance.
BUILDING DESIGN AND ARCHITECTURE
A. Existing and New Buildings
The buildings within the PUD will be a combination of existing and new construction.
Existing buildings will be renovated and repurposed for uses that will complement the
mixed-use development. Existing buildings found off-site may be brought on-site and
implemented into the overall campus design. New buildings will be designed and
REVISED DRAFT 4_2018.07.18 Page 4 of 12
constructed in such a fashion to fit into the context and theme of "The South Bend
Chocolate Company" development.
B. Height Limitations
Maximum heights of such structures will be dictated by the Federal Aviation
Administration and the South Bend Airport Authority or a maximum of 80 feet, whichever
is less.
C. Building Materials
Materials of buildings may include, but are not limited to:
- Aged wood siding
- Composite board siding
- Block/ brick (natural state or painted)
- Metal wall panel (factory finished or aged)
- Metal roof panel (factory finished or aged)
- Architectural roof shingle
D. Architectural Review Board
All new construction must be approved by the Architectural Review Board, which will be
established by the owner. The Architectural Review Board will issue a letter of approval
for the Area Plan Commission Staff to issue any building permit.
THE EDGES
Both Major Land Use Areas will have different "Edges," otherwise known as requirements for the
tract boundaries. Each area has different uses, site locations, and potential nuisances, thus
necessitating the need for different requirements. These edges will be properly maintained in
order to better allow for the flexibility of development within the interior areas of the PUD. These
interior areas of the PUD will have internal setbacks of 0 feet. In the event that there is a building
or structure (as defined by the City of South Bend Zoning Ordinance) which existed in 2018 that
does not comply with the development standards set forth below at the time of approval of this
PUD Ordinance, that existing building or structure (as defined by the City of South Bend Zoning
Ordinance)will be a considered legal nonconforming structure.
A. The Core District
The Core District abuts Lincoln Highway to the north, the Lincoln Highway and U.S.
Highway 31 interchange to the northeast, and private property owners to the west.
Setback: Any temporary use, building or structure (as defined by the City of South Bend
Zoning Ordinance) must be a minimum of 50 feet from any public right-of-way line.
The portion of The Core District that abuts the industrial property to the west (Parcel ID:
004-1020-034405) will have a minimum 10 foot setback to the property line.
Parking and Interior Access Drives will have a setback of 15 feet from the property line.
Landscaping: Any portion of the tract that is within 200 feet of any public right-of-way
must comply with the Community Business District Landscaping Standards (front yard) as
defined by the City of South Bend Zoning Ordinance,with the exception that Foundation
Landscaping shall not be required along the Bypass.
REVISED DRAFT 4_2018.07.18 Page 5 of 12
The portion of The Core District that abuts private residential property to the west will
maintain a "Type C: Full Screening" buffer zone as set forth in the City of South Bend
Zoning Ordinance.
B. The Agricultural District
The Agricultural District abuts private residential property to the north, south, and west,
and the Lincoln Highway and U.S. Highway 31 interchange to the east.
Setback: This is a fluid area that will evolve flexibly, provided that no temporary use,
building or structure (as defined by the City of South Bend Zoning Ordinance) may be
located within a minimum of 20 feet of any property line. This 20-foot buffer zone must
remain in its natural and existing state (determined by the existing conditions at the time
of approval of this PUD Ordinance).
Any temporary use, building or structure (as defined by the City of South Bend Zoning
Ordinance) must be a minimum of 50 feet from any public right-of-way line.
Landscaping: Any portion of the tract that is within 200 feet of any public right-of-way
must comply with the Community Business District Landscaping Standards (front yard) as
defined by the City of South Bend Zoning Ordinance. The portion of The Agricultural
District that abuts private residential property will maintain a "Type C: Full Screening"
buffer zone as set forth in the City of South Bend Zoning Ordinance.
ACCESS & TRAFFIC
The primary access point will be on Lincoln Highway (US Route 20), generally opposite Olive
Road. The State of Indiana Department of Transportation is the agency having jurisdiction for
final access plans.
There will also be a secondary access point on Pine Road, established for emergency vehicles
only on a regular basis. Throughout the year, however, there may be periodic special occasions
and festivals. For these special events, "The South Bend Chocolate Company" may apply for a
special permit from the City of South Bend in order to use the access point on Pine Road to
better accommodate traffic destined for a special event.
Facilities accommodating vehicular traffic within the PUD will be primarily clustered in The Core
District. There will be walking, wagon, and biking trails throughout the rest of "The South Bend
Chocolate Company" tract that will accommodate various modes of transportation. The
limited vehicular circulation on the property serves to maintain the natural and agricultural
character of the development.
UTILITIES & DRAINAGE
The site will be served by municipal services.
SIGNAGE
REVISED DRAFT 4_2018.07.18 Page 6 of 12
i
"The South Bend Chocolate Company" will have a unique brand of signage. Because this is a
mixed-use development, there is a need for multiple sign types and sizes. While the Core District
will create a small urban-like core, "The South Bend Chocolate Company Project" is not an
urban development. Therefore, special standards must be established. The text below provides
general sign types that will make up "The South Bend Chocolate Company" signage plan,
including development standards and graphics that suggest the types of signs that would be
appropriate. These graphics and images are examples only and in no way do they limit what
would be permissible within the development.
General Regulations
All signs are subject to review and approval by the Architectural Review Board.
Any sign that contains an electronic message center (EMC) will have a maximum of eight (8)
second intervals and will not have live animation.
BUILDING SIGNS
The following building signs are exempt from any requirements: Signs not visible from the public
right-of-way, non-illuminated wall signs in excess of 200 feet from the public right-of-way, and
any murals containing no words.
Wall Signs (that do not meet the above-listed exemption requirements)
Maximum Surface Area: 10%of the facade or tenant space
Maximum Number. Unlimited
Example: See Figure 3
Roof Signs
Maximum Surface Area: 300 square feet
Maximum Height: 4 feet above top of building roof
Maximum Number: Unlimited
Example: See Figure 3
REVISED DRAFT 4_2018.07.18 Page 7 of 12
,u
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Customer '- •- _ _ - Approved
-Sketch#� Scate
Figure 3:Building sign examples
FREESTANDING SIGNS
One (1) Bypass Sign
Maximum Surface Area: 700 square feet (excluding area of podium, base or foundation)
Edge Setbacks: 50 feet from the public right-of-way
Internal Setbacks: N/A
Maximum Height: 35 feet (including height of podium, base or foundation)
Examples: See below for options
REVISED DRAFT 4_2018.07.18 Page 8 of 12
I-
1
CHOCOLATE
i
i ` BUFFALO EXP ERIEIICE
REVISED DRAFT 4_2018.07.18 Page 9 of 12
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One (1) Primary Entrance Sign
Maximum Surface Area: 360 square feet
Edge Setbacks: 10 feet from the public right-of-way
Internal Setbacks: None
Maximum Height: 35 feet
Example:
s
ate': •..�-_.--°------•—- --
REVISED DRAFT 4_2018.07.18 Page 10 of 12
One (1) Secondary Entrance Sign (Pine Road Entrance)
Maximum Surface Area: 64 square feet
Edge Setbacks: 10 feet from the public right-of-way
Internal Setbacks: None
Maximum Height: 8 feet
Example:
I
One (1) Tenant Sign
Maximum Surface Area: 64 square feet
Edge Setbacks: 10 feet from the public right-of-way
Internal Setbacks: None
Maximum Height: 8 feet
Example:
I
l
�I
REVISED DRAFT 4 2018.07.18 Page 11 of 12
_ g
TEMPORARY & INCIDENTAL SIGNS
Must meet the requirements of the CB Community Business District standards as set forth in the
City of South Bend Zoning Ordinance.
PROHIBITED SIGNS
"Off-Premises" signs and flashing signs, as defined in the City of South Bend Zoning Ordinance,
shall be prohibited.
PARKING AND LOADING
There will be no minimum number of parking spaces required for this development. Among
formal parking areas (everything within 200 feet of the public right-of-way), informal parking
areas, lawns, and meadows, there will be ample parking to support the facilities and will comply
with ADA regulations. All formal parking areas must meet the design guidelines with respect to
size as set forth in the City of South Bend Zoning Ordinance. Loading areas will comply with the
City of South Bend Zoning Ordinance. No loading / unloading will take place in any public right-
of-way, and there will be proper maneuvering and turn-around facilities for commercial
vehicles.
Informal parking areas may have a compacted gravel surface. Wooden logs or large boulders
may serve as parking blocks. Vehicular roadways may either have a compacted gravel surface
or will use permeable pavement.
LIGHTING
All lighting must meet the requirements of the City of South Bend Zoning Ordinance.
OPEN SPACE
Because nature is at the core of "The South Bend Chocolate Company" planned development,
open space preservation is one of the goals. The more intense, commercial development /
activity will cluster in The Core District, thus preserving more space for agriculture and
environmental amenities throughout the remainder of the PUD.
ADMINISTRATION
A. Variances to the General Development standards established by the PUD Ordinance for
this development may be approved by the Area Board of Zoning Appeals.
B. The Executive Director of the Area Plan Commission will have authority to determine if a
proposed changes would be considered as a "Major" or "Minor" modification or if a
proposed change is consistent with the PUD. Major modifications will require the PUD to
be approved as required by the City of South Bend's rezoning process.
C. This site is subject to written commitments as recorded in the St. Joseph County Recorders
Office, Document #1701542.
D. Final site plans will require review by the South Bend International Airport.
REVISED DRAFT 4_2018.07.18 Page 12 of 12
APPENDIX A
LEGAL DESCRIPTION
A PART OF THE SOUTH HALF OF SECTION 30, AND THE NORTH HALF OF SECTION 31,TOWNSHIP 38
NORTH, RANGE 2 EAST GERMAN TOWNSHIP, ST.JOSEPH COUNTY, INDIANA, ALSO ALL OF THE LOTS
IN CASCINO SECOND MINOR SUBDIVISION, RECORDED UNDER INSTRUMENT NUMBER 9125343,
ALSO LOT 1 IN KELLER AND HALL MINOR SUBDIVISION, RECORDED UNDER INSTRUMENT NUMBER
9950876, BOTH BEING RECORDED IN THE OFFICE OF THE RECORDER OF ST.JOSEPH COUNTY,
INDIANA, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 31;THENCE SOUTH 00 017'04" WEST
ALONG THE WEST LINE OF SAID SECTION 31, 1089.99 FEET TO THE POINT OF BEGINNING;THENCE
NORTH 89053'18" EAST,588.56 FEET;THENCE NORTH 00°35'41" EAST,355.17 FEET TO THE
SOUTHWEST CORNER OF LOT 1 IN SAID KELLER AND HALL MINOR SUBDIVISION; THENCE NORTH
00 023'29" WEST ALONG THE WESTERLY LINE OF SAID LOT 1,387.81 FEET TO THE NORTHWESTERLY
MOST CORNER OF SAID LOT 1;THENCE SOUTH 89°51'53" EAST, 249.65 FEET;THENCE NORTH
00 012'32" WEST, 683.24 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY 20;THENCE THE
FOLLOWING (13) COURSES ALONG SAID SOUTHERLY AND WESTERLY RIGHT-OF-WAY: 1) SOUTH
61 031'39" EAST, 312.92 FEET,2) SOUTH 02°00'00" EAST,59.37 FEET, 3) SOUTH 61°20'23" EAST, 163.74
FEET, 4) NORTH 30 027'48" EAST, 59.99 FEET,5) SOUTH 55 014'09" EAST, 794.33 FEET, 6) SOUTH
37 057'27" EAST, 139.58 FEET, 7) SOUTH 28°45'19" EAST, 935.25 FEET,8) SOUTH 01°33'09" EAST, 55.85
FEET, 9) SOUTH 89°42'58" EAST, 14.92 FEET, 10) NORTH 01 025'40" WEST, 14.68 FEET, 1 1) SOUTH
29 030'54" EAST, 653.16 FEET, 12) SOUTH 09°30'22" EAST, 409.58 FEET, 13) SOUTH 03 054'27" EAST,
376.16 FEET TO A POINT ON THE EAST/WEST CENTERLINE OF SAID SECTION 31;THENCE NORTH
89 036'02" WEST ALONG SAID EAST/WEST CENTERLINE,381.54 FEET TO THE CENTER OF SAID SECTION
31, ALSO BEING THE SOUTHEAST CORNER OF LOT 3 IN R.M. LYNCH MINOR SUBDIVISION,
RECORDED UNDER INSTRUMENT 8800527 IN SAID RECORDERS OFFICE;THENCE NORTH 01°25'40"
WEST ALONG THE EASTERLY LINE OF SAID LOT 3, 946.65 FEET TO THE NORTHEAST CORNER OF SAID
LOT 3;THENCE NORTH 89°39'01" WEST ALONG THE NORTH LINE OF SAID LOT 3, 2505.42 FEET TO A
POINT ON THE WEST LINE OF SAID SECTION 31;THENCE NORTH 00 017'04" EAST ALONG SAID WEST
LINE, 616.06 FEET TO THE POINT OF BEGINNING,SAID PARCEL CONTAINING 79.54 ACRES, MORE
OR LESS, AND SUBJECT TO EASEMENTS, COVENANTS, AND RIGHT-OF-WAY OF RECORD.
THIS LEGAL DESCRIPTION IS BASED ON RECORD INFORMATION, A BOUNDARY SURVEY WAS NOT
PERFORMED TO COMPLETE THIS DESCRIPTION.
O:\Projects\2018\18-0244 South Bend Chocolate Development\Survey Docs\Internal\2018.06.03 PUD Legal
Description.docx
REVISED DRAFT 4_2018.07.18 Page 13 of 12
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