The URL can be used to link to this page

Home My WebLink About6B5ots�U'JIH /ee O Department of i Community Investment sacs Memorandum February 28, 2013 TO: Redevelopment Commission FROM: David Relos, Economic Development Planner SUBJECT: Blackthorn Davita FJ Nimtz Minor Subdivision lot size In August 2012, Lot 2CC of the Blackthorn Corporate Office Park Minor # 4, First Replat, was subdivided into four smaller lots, to accommodate the sale of one of these lots for new development by Davita, Inc. When this approximately 8 1/2 acre lot was subdivided and platted, one lot was inadvertently made slightly smaller than two acres (1.83). According to the Blackthorn Covenants, Article 4.8, lots in the Corporate Office Park area must be at least two acres. Article 3.5 of the Covenants addresses how exceptions are to be handled. Since the Commission owns more than 5% of Blackthorn, a written request to the Commission must be made, with action taken within 60 days. Staff requests this memo be considered its written request to the Commission, to approve Lot 1 of the Davita F.J. Nimtz Parkway Minor as platted, being +/- 1.83 acres. As a courtesy, the Board of Directors of the Blackthorn Owners Association has been notified of this action, with no objections. Staff requests that Lot 1 of the Davita F.J. Nimtz Parkway Minor be approved as platted, being +/- 1.83 acres. 227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574- 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN.GOV Authority, as Owner of the real property herein referred to as Blackthorn. 1.5 Beneficiary. "Beneficiary" shall mean with respect to any Deed of trust on any portion of the Property, the holder of Record of the security interest under such Deed of Trust. The word, "Beneficiary," shall also include a mortgagee under a mortgage. 1.6 Blackthom. "Blackthorn" shall mean the real property described in "A" hereto and such additional real property as may be added from time to time as hereinafter provided. 1.7 Board. "Board" shall mean the Board of Directors of the Owner's Association of Blackthorn as created by this Declaration. 1.8 Building. "Building" shall mean and include the principal structure or structures on any Site, including all projections or extensions thereof, as well as all garages, outside buildings, decks and other ancillary structures and facilities. 1.9 City. "City" shall mean the City of South Bend, State of Indiana. 1.10 Covenants. "Covenants" shall mean the covenants and restrictions set forth in this Declaration and as it may be amended or supplemented from time to time. 1.11 Commission. "Commission" shall mean the South Bend Redevelopment Commission as Owner and /or Lessee of the real property known as Blackthorn and as the Declarant of these Covenants. 1.12 Declarant. "Declarant" shall mean the Authority and /or the Commission, their successors and assigns, and Declarant's assigns shall be deemed to include any party whom Declarant designates, by means of a notice of Record in the Official Records, as the party who, from and after the date such notice is Recorded, will perform Declarant's functions under this Declaration. Any such designation may be made with respect to all or any portion of Blackthorn; provided that in the event that any Person or entity is so designated as Declarant for only a portion of Blackthorn, then the right and power to make, give or take any consent, approval of action required of the Declarant under this Declaration with respect to such portion of Blackthorn, shall be deemed lodged solely and exclusively in the Person or entity so designated as Declarant with respect to such portion of Blackthorn, and any Declarant of any other portion of Blackthorn shall have no right, power or authority hereunder with respect thereto. Blackthom Corporate Park - Covenants & Restrictions Updated 3127112 ARTICLE 11 CHARACTER & PURPOSE 2.1 Character and Purpose. This Declaration is made to ensure the proper use and development of the Blackthorn Corporate Park. It is the intent of this Declaration to ensure that the development of Blackthorn will have minimal impact on the natural landscape, vegetation and wildlife. Blackthorn will be maintained as a premier business environment for office, support office /research and general business uses in a natural setting, with Guidelines to promote only the highest quality development. It is also the intent of this Declaration to protect Owners and Occupants of Blackthorn against improper and undesirable uses and against construction of Improvements built of substandard design or materials. This Article II shall be used by the Authority, the Commission, the Association and the Committee as a general standard in interpreting the provisions of this Declaration and judging performance hereunder, in the preparation and revisions of the Guidelines, in approving or disapproving the development of Sites, and in carrying out the overall development of Blackthorn. ARTICLE 111 DEVELOPMENT RESTRICTIONS 3.1 Subdivision. No Lot shall be subdivided and no Lot's size, dimensions or boundaries shall be modified, changed or altered, whether by conveyance, lease, dedication, foreclosure proceedings, forfeiture or any other means, except as approved in Section 3.5 below. 3.2 Improvements to a Lot. No Improvements shall be made to any Lot without the prior approval of the Committee in accordance with the requirements of Article V below. 3.3 Use of Lots. Each owner shall use its Lot for only such purpose of purposes which are approved by the Committee and /or the Commission in accordance with the requirements of Article IV below. All uses of a Lot and all Improvements to a Lot shall be in compliance with all local, state and federal laws, ordinances, statues and other governmental regulations or approvals applicable to the Lot or the Owner. 3.4 Rezoning and Variances. No Owner shall request or seek, in any manner, Blackthorn Corporate Park - Covenants & Restrictions Updated 3127112 a rezoning of its Lot or a variance from or special exception to any applicable zoning ordinances, except as provided in Section 3.5 below. 3.5 Exceptions to Section 3.1 or 3.4 Restrictions. An Owner may submit to v the Commission, or the Board when the Declarant owns less than five percent (5 %) of Blackthorn, a request to subdivide the Owner's Lot or otherwise modify, change or alter the Owner's Lot size, dimensions or boundaries or to seek the rezoning of the Owner's Lot or a variance from or special exception to any zoning requirements for the Owner's Lot. Any such request shall be in writing and delivered to (a) the Commission, so long as the declarant owns at least five percent (5 %) of the land area in Blackthorn, or (b) if the Declarant no longer owns at least five percent (5 %) of the land area in Blackthorn, the Board with notification to the Commission a. If the request is made to the Commission, the Commission and the Board shall approve or reject such request within sixty (60) days of Commission's Receipt of the request. The Commission shall have the right in its sole and absolute discretion to accept or reject such request. Any such request shall be deemed rejected unless the Commission notifies the requesting Owner of approval within such sixty (60) day period. b. If the request is made of the Board, the Commission and the Board shall review the request and either accept or reject the request in writing or submit the request to a vote at a special meeting of the members of the Association. The Board's action shall be taken within sixty (60) days of its receipt of the request. If the Board fails to take action within said sixty (60) day period, the request is deemed rejected. If the Board submits the request to a vote of the Association members, the special meeting shall be held within ninety (90) days of the Board's receipt of the request. The request will be approved only upon a majority vote in favor of the approval. Any such request shall be deemed rejected unless so approved within the ninety (90) day period provided above. 3.6 Declarant Owned Lots. The restrictions contained in Section 3.1 and 3.4 shall not apply in any manner to Blackthorn Lots owned by the Declarant. Blackthorn Corporate Park - Covenants & Restrictions Updated 3127112