HomeMy WebLinkAboutNo. 2778 authorizing a change to the zoning of certain real estate located in St. Joseph County, IN11
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
C11 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 may be 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 from its current 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.
CITY OF SOUTH BEND,
ZD PARTMENT OFVELOPMENT
igna ure
Marcia I. Jones President
Printed Name and Tile
ATTES
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Nancy N. King, Secretary
Tinted Name and Title
South Bend Redevelopment Commission
[A
South Bend Redevelopment Commission
EXHIBIT "A"
(Ignition Park — PUD Zoning Ordinance)
Isnition 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 GI - General Industrial District to the PUD — Planned Unit
Development District to provide for a high 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 a two -site, single, State Certified 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 Ignition Park shall be those set forth below for each category
identified on the Master Plan filed with this PUD petition. It is acknowledged that the Master Plan
filed with this PUD petition for Ignition Park recommends general land uses for real estate which
is not subject to rezoning at this time and that the final 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 future. The Master Plan does, however,
provide a framework from which to review the land use pattern proposed for Ignition Park in much
the same way as a Comprehensive Plan identifies land use patterns for a community as a whole.
The Master Plan vision for Ignition Park is to provide for a campus -like setting within a single
multi -use PUD District. The primary objective of this PUD District is to encourage development
which achieves a high 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 range of high -tech industrial land uses and related support uses in a single district, while
maintaining adequate land use controls to protect adjoining properties.
In order to encourage innovative building and site designs capable of enhancing the quality of the
Ignition Park built environment, an applicant may propose alternate development standards for:
yards and building setbacks; use of minimum yards and residential bufferyards; maximum
building height; minimum building height; maximum gross floor area; parking; loading;
outdoor operations; architecture; landscaping; lighting; or, signs, subject to approval by an
Ignition Park Architectural Review Board and the Area Plan Commission.
Architectural Review Board and Executive Director approval is required to establish any land use
ILor development within the Ignition Park PUD.
BDDBOI 6339098v1 Draft Date: September 27, 2010
L
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Ignition Park Planned Unit Development
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
Diagram #1: Land Use Areas.
1. 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 Ignition Park 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 Ignition Park may feature a perimeter ring of service areas, parking
and vehicular access points. To encourage a campus setting, 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 buildings, open spaces, building /directory and
directional signs, etc., to create the campus style environment with the potential of more
than one building 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, testing or repairing of goods, materials or products; Data
processing or analysis; Manufacture, processing, refining or
fabrication of goods, materials or products.
(3) Office / Professional Services: Including but not limited to: Offices
related to any Industrial Uses allowed within Ignition Park;
Corporate Headquarters (office only).
BDD1301 6339098vl Draft Date: September 21, 2010
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14
LEGEND
Certified Technology
Park Boundary
City of South Bend, Indiana
Ignition Park PUD DAVRI LAKOTA'1 ,,
Diagram 1: Land Use Areas
Area 1
Area 3
Ignition Park
Lafayette Blvd./Main St. Area
Area 2
Area 4
Transpo Area
Indiana Ave. Area
City of South Bend, Indiana
Ignition Park PUD DAVRI LAKOTA'1 ,,
Diagram 1: Land Use Areas
14
(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 primary 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
b. 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 Ignition 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: Including but not limited to: accessory retail
services; food services; and, personal services.
(b) Development Standards
(i) Ignition Park Perimeter
The development standards contained in this sub - Section shall apply to the
perimeter of Ignition 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 specifically authorized below.
(1) Access
Access to Ignition Park shall be limited to shared street road cuts.
Individual uses or buildings shall not utilize a private, individual
street road cut unless otherwise approved by the City Engineer.
BDDBOI 6339098v1 Draft Date: September 21, 2010
LEGEND
Area 1 Area 3
Ignition Park n Lafayette Blvd./Main St. Area
20' Setback
Area 2 Area 4
5' Setback Transpo Area Indiana Ave. Area
City of South Bend, Indiana
Ignition Park PUD E! LAKOTAI ,,
Diagram 2: Area 1 Setbacks
Access to individual parcels may be provided by the development of
internal public streets, internal private streets or by limited private
access easements serving 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 of two- hundred and fifty (250) feet apart. All street road
cuts shall be a minimum of three hundred (300) feet from 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 front yard
and minimum building setback, measured from the front lot
line abutting a perimeter street shall be as follows:
G
MINIMUM YARD AND BUILDING SETBACK REQUIREMENTS:
SAM PLEJPRAIRIE /COTTER/KENDALL/WAYE TF
4
BDDB01 6339098v1 Draft Date: September 21, 2010
i. Sample / Prairie / Cotter / Kendall / Lafayette
— 20'.
PERIMETER STREET
-- - - - - - - --
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LOT LINE 20•-0•
MIN.
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MINIMUM YARD AND BUILDING SETBACK REQUIREMENTS:
SAM PLEJPRAIRIE /COTTER/KENDALL/WAYE TF
4
BDDB01 6339098v1 Draft Date: September 21, 2010
20' -0"
MIN.
Franklin / Garst / Stull / Broadway — 5'.
PERIMETER STREET
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MINIMUM YARD AND BUILDING SETBACK REQUIREMENTS:
FRANKLIN/GARST/STULUBROADWAY
b. Side or Rear Yard and Building Setback — The minimum side
or rear yard and building setback measured from a side or
rear lot line — shall be 20; provided, however, that the
required minimum side or rear yard and building setback
abutting an operating railroad right -of -way shall be 5'.
(3) Use of Ignition Park Minimum Yards
All Ignition Park Minimum Yards shall be maintained as a
landscaped yard area free from buildings or structures unless
specifically authorized below:
a. Minimum 20' Front Yards — may include: Ignition Park
Campus Signs; entrance drives; walkways to building
entrances; front stairs, stoops or patios which do not project
into any public right -of -way; drainage features and utilities.
b. Minimum 5' Front Yards — may include: entrance drives;
walkways to building entrances; front stairs, stoops or patios
which do not project into any public right -of -way; or,
utilities.
C. Side and Rear Yards — may include drives connecting to
ILadjoining parcels, drainage features and utilities.
BDDBOI 6339098v1 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 21 -07.01 (b) (1) for the Landscaping of
Required Perimeter Yards for Industrial Districts. Manmade or
natural water features may be incorporated into any front, side or
rear yard landscape requirement.
(5) Ignition Park Campus Signs
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 regulations.
Ignition Park Campus Signs shall provide identification to the entire
Ignition Park and not to identify any individual use or occupant
within Ignition Park.
a. Type of Signs — Ignition Park Campus Signs may be either:
i. Entry Wall Signs — One (1) entry wall sign may be
IL incorporated into an entry wall treatment located on
each side of any shared street road cut into Ignition
Park; or,
ii. Ground Signs — One (1) ground sign may be located
at each shared street road cut into Ignition Park.
b. Height and Area:
Entry wall treatments which include an Ignition Park
Campus Sign shall not exceed ten (10) feet in height.
The total wall area shall not be limited, however the
portion of the wall 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 height or one- hundred and twenty -
eight (128) square feet in area.
C. Setback — All portions of an Ignition Park Campus Sign,
whether on an entry wall or a freestanding ground sign, shall
be setback a minimum of ten (10) feet from the right -of -way
of Sample / Prairie / Cotter / Kendall / Lafayette or a
BDDB01 6339098v1 Draft Date: September 21, 2010
minimum of five (5) feet from the right -of -way of Franklin /
Garst / 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 project ground sign.
(ii) Ignition Park Interior Development Standards
The Development Standards contained in this sub - Section are designed and
intended to apply specifically to the development of individual parcels
within Ignition Park. If any portion of an individual 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 and Minimum Building Setbacks
In order to provide maximum creativity and flexibility in the internal
layout of Ignition 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 building separation shall be in compliance with all
applicable local, state or federal building, fire and safety codes.
(3) Use of Yards Between Buildings
All yards between buildings shall be maintained as a landscaped yard
area free from buildings or structures unless specifically authorized
below:
Yards Oriented toward the Central Green — may include
directory / wayfinding signs, sidewalks, walkways,
pedestrian ways, drainage features, utilities or outdoor
seating areas, provided any signs or outdoor seating areas:
i. shall not block an entrance or exit to or from the
business or building; and,
ii. shall be located so as to not interfere or conflict with
sidewalks, walkways, pedestrian ways or foundation
landscaping.
b. Side and Rear Yards of Buildings — may include interior
access drives and driveways, loading areas, parking areas,
directory / wayfinding signs, sidewalks, walkways,
BDDB01 6339098vl Draft Date: September 21, 2010
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pedestrian ways, drainage features, utilities and outdoor
seating areas, provided any signs or outdoor seating areas:
i. shall not block an entrance or 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.
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REAR YARD
1 LOADING AREA 1
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ALLOWABLE USE OF YARDS
(4) Building Height
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FOUNDATION LANDSCAPING
- - SIDEWALK, WALKWAY OR
PEDESTRIAN WAY
LANDSCAPED SIDE YARD AREA
- DIRECTORY/WAYFINDING SIGN
OUTDOOR SEATING AREA
a. Maximum Building Height — The maximum building height
shall be 90 feet.
b. Minimum Building Height — The minimum building height
shall be twenty -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 time of
development, each development parcel shall be responsible for the
installation of that development parcel's portion of the required
Overall Perimeter Landscape Requirement that abuts the overall
perimeter of Ignition Park.
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13DDB01 6339098vl Draft Date: September 21, 2010
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(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
21 -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
regulations of Section 21- 07.02: Lighting Regulations of the South
Bend Zoning Ordinance except as specifically provided below:
a. Freestanding, non -cutoff fixtures shall be limited to locations
along sidewalks, walkways, or pedestrian ways, or outdoor
seating areas;
b. Low intensity / low output architectural lighting, including
ground mounted up- lighting and wall fixtures, may be non -
cutoff, and,
All other freestanding or wall fixtures shall be full cutoff
fixtures.
(8) Signs
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 regulations.
In addition to the Ignition Park Campus Signs, the following signs
shall be permitted:
a. Building Signs — each building shall be permitted the
following:
Freestanding Tenant Directory Signs — One (1) pylon
sign oriented to the Central Green, not to exceed six
(6) feet in height or eighteen (18) square feet in area,
to identify the use or uses within the building.
13DDB01 6339098v1 Draft Date: September 21, 2010
A
ii. Building Identification 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 / Wayfinding 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 parking area; or, a delivery 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 sign for signs identifying 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;
iv. not be located further than ten (10) feet from the back
of curb / edge of pavement of an interior access drive;
and,
V. comply with the regulations of Section 21 -01.01 —
Clear Sight Area Requirements of the South Bend
Zoning Ordinance.
(9) Off - Street Parking
a. Design and Construction of Off - Street Parking Areas
All off - street parking areas shall be designed and constructed
in compliance with the provisions of Section 21 -07.04 (d)
Design and Construction of Off - Street Parking of the
South Bend Zoning Ordinance.
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BDDBOI 6339098v1 Draft Date: September 21, 2010
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b. Location of Off - Street Parking Areas
All off - street parking shall be provided in common,
integrated surface parking areas or structured parking
designed to serve all uses within Ignition Park.
Minimum Number of Required Off - Street Parking Spaces
Off - street parking within Ignition Park shall be provided at a
rate of not less than one (1) off - 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
PERIMETER OR INTERIOR STREET
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LOADING AREA:
NOT ALLOWED
BDD1301 63390980
Design and Construction of Loading Areas
i. Loading Areas for Semi - Trailer Size Vehicles
All off - street loading areas intended for Semi- Trailer
size vehicles shall be designed and constructed in
compliance with the provisions of Section 21 -07.05
(b) — Design and Construction of Loading Areas of
the South Bend Zoning Ordinance.
ii. Loading Areas for Parcel Delivery Size Vehicles
All off - street loading areas intended for parcel
delivery size vehicles shall be designed and
constructed in compliance with the minimum
specifications prescribed by the Board of Public
Works.
Orientation of Loading Areas
All loading areas, whether 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 facade of the building will be considered to be any
facade oriented inward toward the central portion of Ignition
Park or outward toward any perimeter street.
Draft Date: September 21, 2010
G
LOADING AREA:
ALLOWED
LOADING AREA:
NOT ALLOWED
BDDE101 6339098v1
Screening of Loading Areas
All loading areas, whether designed for semi - trailer 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
Naomi
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SCREENING PROVIDED
LOADING AREA ,
ALLOWED
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PERIMETER OR INTERIOR STREET
NEW
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NO SCREENING
LOADING AREA
NOT ALLOWED
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BUILDING FRONT FACADE
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BUILDING
Draft Date: September 21, 2010
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ALLOWED
(11) Outside Operations and Storage
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LOADING AREA:
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All uses and operations (except for off - street parking and off - street
loading and delivery, and walk -up customer service windows) shall
be conducted within completely enclosed buildings, except where
expressly permitted below:
a. Outdoor seating, provided that such outdoor seating:
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 building;
2. Area 2 — Ignition Park: Transpo Area
(a) Permitted Uses
(i) Primary Uses
(1) Miscellaneous: Including but not limited to: Bus Station; Bus
Depot; Bus Maintenance Facility.
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BDDBOI 6339098v1 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: Including but not limited to: Community Center;
Commercial Parking Lot; Parking Garage.
(b) Development Standards — Same as the LI -Light Industrial District of the South
Bend Zoning Ordinance.
Area 3 — Ignition Park: Lafayette Boulevard / Main Street Area
(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) Food Sales and Service: Including but not limited to: Bakery -
Retail; Cafeteria; Convenience Store; Delicatessen; Restaurant -
Fast Food (without drive -in or drive - through); Restaurant - Family;
16 Restaurant - Family, with Lounge; Yogurt Store - Retail.
(3) Industrial Use: Including but not limited to, Engineering
Laboratories; Research Laboratories; Testing Laboratories
(4) Office / 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; Professional Offices; Service Organization Office;
Travel Agency.
(5) Personal Service: 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 row house type projects located along a
block face); Dwelling Unit - upper level.
(7) Retail: Including but not limited to: Apparel Shop; Card Shop;
Computer Store; Drug Store; Flower Shop; Gift Shop; Hobby
Shop; Jewelry Store; Newsdealer; Office Supply Store; Shoe
Store; Stationery and Book Store.
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BDDBOI 6339098v] Draft Date: September 21, 2010
(ii) Accessory Uses — As regulated by Section 21- 03.11: 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 — Ignition 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, 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 - through); Restaurant - Family;
Restaurant - Family, with Lounge; Yogurt Store - Retail.
(3) Industrial Use: Including but not limited to, Engineering
Laboratories; Research Laboratories; Testing Laboratories
(4) Office / 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; Professional Offices; Service Organization Office;
Travel Agency.
(5) Personal Service: 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 row house type projects located along a
block face); Dwelling Unit - upper level.
(7) Retail: Including but not limited to: Apparel Shop; Card Shop;
Computer Store; Drug Store; Flower Shop; Gift Shop; Hobby
Shop; Jewelry Store; Newsdealer; Office Supply Store; Shoe
Store; Stationery and Book Store.
(ii) Accessory Uses — Section 21- 03.11: General Regulations for Commercial /
Mixed Use Districts.
(b) Development Standards — Same as the MU- Mixed -Use District of the South Bend
Zoning Ordinance.
15
13DD1301 6339098v1 Draft Date: September 21, 2010
5. 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 Ignition 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- 03.11:
General Regulations for Commercial / Mixed -Use Districts or Section 21-04.11:
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. If scattered site
information / sales / leasing or construction 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 Ignition Park PUD Ordinance, have been specifically noted
in the text above as providing regulations for Ignition Park.
In addition, the following provisions of the South Bend Zoning Ordinance which
are in effect as of the date of adoption of this Ignition Park PUD Ordinance and
which may not have been specifically noted in the text above, shall also apply to
development within Ignition Park:
(i) Section 21 -01.01 (k): Subdivision of Land;
(ii) Section 21 -01.01 (s): Exemptions for Transportation, Communication and
Utility Lines;
(iii) Section 21 -01.01 (t): Clear Sight Area Requirements;
(iv) Section 21 -01.01 (u): Requirements for All Private Streets and Private
Alleys;
(v) Section 21 -01.01 (v): Exemption for Anti- Terrorism Devices and Portable
Towers.
(vi) Section 21- 02.11: General Regulations for Residential Districts shall be
applicable to all residential or dwelling uses within Ignition Park;
(vii) Section 21- 03.11: General Regulations for Commercial / Mixed Use
Districts shall be applicable to all commercial uses within Ignition Park;
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BDDB01 6339098vt Draft Date: September 21, 2010
%�' (viii) Sections 21 -07.01 (d), 21 -07.01 (e), 21 -07.01 (f), 21 -07.01 (g) and 21-07.01
(h): Landscape Regulations;
(ix) Section 21 -07.03 (c): On- Premise Signs: SFI, SF2, MF1 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 roof - mounted applications of
telecommunication antenna on existing buildings or structures (the
construction of new, freestanding telecommunication towers shall be
prohibited within Ignition Park;
(xii) Section 21- 08.02: Special Regulations for Controlled Uses; and,
(xiii) 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.
(c) Architectural Review Board
An Architectural Review Board ( "ARB ") shall be established for Ignition Park.
The ARB shall review all land uses as well as all site plans, landscape plans, open
space / outdoor seating plans, building plans and sign plans for consistency and
compatibility with the intent for Ignition Park as well as the architectural themes
and character established for Ignition Park. All plans filed with the Executive
Director or Building Commissioner to establish any land use or for approval of any
development within Ignition Park shall include the written approval of the ARB.
(d) Determination of Permitted Uses
(i) Establishment of Uses — To assure the long term compatibility of land uses
within Ignition Park, especially the size, scope and nature 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 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.
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BDDB01 6339098vl Draft Date: September 21, 2010
A
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.
(iv) 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 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 21 -05 (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 of the Ignition Park built environment, an applicant may propose alternate
development standards for: yards and building setbacks; use of minimum yards
and residential bufferyards; maximum building height; minimum building height;
maximum gross floor area; parking; loading; outdoor operations; architecture;
landscaping; lighting; or, signs, subject to approval by the Architectural Review
Board and 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.
(f) 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 -05 (c) (5) of the South Bend Zoning Ordinance.
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BDDB01 6339098v1 Draft Date: September 21, 2010