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HomeMy WebLinkAboutZoning - Ignition Park 85 Acres Southeast Cornor of Sample Street and Prairie AvenueORDINANCE No. 10 =33-13 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: June 24, 2013 Presented by me to the Mayor of the City of South Bend, Indiana June 25, 20 13 City Clerk President of Common Council Approved and signed by me JOHN VOORDE jUA/i aS 20 13 City Clerk ,� ORDINANCE NO. t AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR APPROXIMATELY 85 ACRES LOCATED AT THE SOUTHEAST CORNER OF SAMPLE STREET AND PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the rezoning of approximately 85 acres located in the City of South Bend, Portage Township, St. Joseph County, Indiana, has been filed by the City of South Bend by its Redevelopment Commission and Data Realty Northern Indiana LLC to rezone from GI — General Industrial District and Ignition Park PUD to PUD Planned Unit Development to provide for a mixed -use PUD District to be known as "Ignition Park PUD" which is compatible with the surrounding zoning classifications.. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, shall be and the same hereby is amended to provide that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: That part of the Northeast Quarter of Section 14 and the Northwest Quarter of Section 13, both in Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the intersection of the Centerline of Prairie Avenue with the Centerline of Sample Street; thence East along said Centerline of Sample Street and the North line of said Northwest and Northeast Quarter Sections a distance of 2,159.25 feet more or less to a point of intersection of the Centerline of Sample Street with the Centerline of Lafayette Boulevard; thence South along said Centerline a distance of 599.75 feet more or less to the Centerline of Garst Street; thence West along said Centerline a distance of 410.25 feet more or less to the Centerline of Franklin Street; thence South along said Centerline a distance of 687.32 feet more or less to the South line of Stull Street and the North line of Lot # 2 of the Plat of "Transpo Minor Subdivision" recorded by Document No. 0918833 in the records of the St. Joseph County, Indiana Recorder's Office; thence along the North line of said Lot # 2, S. 89 °- 21' -27" W. a distance of 400.84 feet more or less to the Northwest corner of said Lot # 2; thence S. 00 °- 19' -00" E. along the West line of said Lot # 2 and its Southerly extension a distance of 1,020.34 feet more or less to the South line of a 30 -foot wide Right -of -way for the Penn Central Railroad formerly known as the Terre Haute & Logansport Railroad and as shown on said "Transpo Minor Subdivision" Plat; thence Northwesterly and Westerly along said South line a distance of 840.05 feet to a point of intersection with the West line of Ignition Drive South extended South; thence N. 00 °- 26' -45" W. along said Southerly extension and the West line of said Ignition Drive South a distance of 402.97 feet more or less to a point; thence continuing along said Westerly line around a 342.00 foot radius curve to the right having an arc length of 162.04 foot and a chord bearing of and N. 13 °- 07' -39" E. and a chord length of 160.53 feet to the point of intersection with the Southerly line of Ignition Circle; thence along said Southerly line around a 401.00 foot radius curve to the right having an arc length of 166.10 foot and a chord bearing of and N. 40 °- 03' -01" W. and a chord length of 164.92 feet to the point of intersection with the Southerly right -of -way line of Cotter Street; thence along said Southerly line for the next two (2) courses, S. 67 °- 49' -42" W. a distance of 38.00 feet and around a 342.00 foot radius curve to the right having an arc distance of 107.49 foot and a chord bearing of and S. 76 °- 49' -56" W. and a chord length of 107.05 feet to the point of intersection with the East right -of -way line of Kendall Street; thence N. 89 °- 45'-35" W. a distance of 25.00 feet more or less to the Centerline of said Kendall Street; thence N. 00 °- 26'-45" W. along said Centerline a distance of 42.0 feet more or less to the point of intersection with the Centerline of Cotter Street; thence N. 89 °- 45' -35" W. along the Centerline of Cotter Street a distance of 883.13 feet more or less to the Centerline of Prairie Avenue; thence along the Centerline of Prairie Avenue for the next Two (2) Courses, N. 28 °- 18' -01" E. a distance of 1,230.0 feet more or less and N. 00 °- 03' -53" W. a distance of 463.0 feet more or less to the point of beginning. Containing 85.07 Acres more or less. Subject to -all legal highways, easements and restrictions of record. be and the same is hereby established as a PUD — Planned Unit Development to be known as the "Ignition Park PUD" to be regulated according to the "Ignition Park PUD Zoning Ordinance" attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION II. This ordinance shall be in full force and effect from a Council, approval by the Mayor, and publication according to law. Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the Z .''�' day ofd, 20 t 3 , at t V,00 o'clock (.m. City Clerk Approved and signed by me on the P m. 1st READING 3 `�,3 PUBLIC HEARING (o---%'e --C3 3 rd READING (o 1, �-1-3 NOT APPROVED REFERRED PASSED -t,3 day of 'Jy N f , 20 13 'at 1:30 o' clock Mayor of the CitrdS r end, Indiana Filed In Cie, ofte 3 crr,v :LLRKk. ,,Ou ,� 2wa, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 21 -13 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR APPROXIMATELY 85 ACRES LOCATED AT THE SOUTHEAST CORNER OF SAMPLE STREET AND PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Zoning & Annexation Committee. Karen L. White Chairperson, Committee of the Whole PETITION TO REZONE City of South Bend, Indiana I (we) the undersigned make application to the South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 85 acres southeast of Sample Street and Prairie Avenue. See attached sheet for addresses. 2) The property Tax Key Number(s) is /are: See attached sheet for tax key numbers. 3) Name and address of property owner(s) of the petition site: City of South Bend South Bend Redevelopment Commission 227 W. Jefferson Boulevard, Suite 1400 S South Bend, IN 46601 (574) 235 -9371 sford a �southbendin.gov 4) Name and address of contingent purchaser(s), if applicable: Not applicable. 5) It is desired and requested that this property be rezoned: Data Realty Northern Indiana LLC lZ;cb, F. 1440 Ignition Drive South South Bend, IN 46601 (855) 525 -3282 From: GI — General Industrial; PUD — Ignition Park Planned Unit Development To: PUD — Planned Unit Development (to be known as "Ignition Park PUD ") 6) This rezoning is requested to allow the following use(s): The proposed rezoning is intended to provide for a high tech park known as Ignition Park. The park may include, but not be limited to, research and development facilities, education, office, prototyping facilities, and for other supporting and complementary uses. 7) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) six (6) preliminary site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 8) BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS ACQUIRING AN INTEREST THEREIN. SUCH REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL. PETITION PREPARED BY: Scott Ford City of South Bend Department of Community Investment South Bend Redevelopment Commission 227 W. Jefferson Boulevard, Suite 14005 South Bend, IN 46601 (574) 235 -9371 sford(a, southbendin.gov CONTACT PERSON: (If different) (same) 1� i /lam ►Lip: ' or, signature of Attorney for all property Owner(s): Filed in Cler 4 Off [MAY i JOHN. C� � � � IN m lax JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG, SOUTH BEND, INDIANA 46601 (574) 235 -9571 Wednesday, May 22, 2013 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of the City of South Bend Redevelopment Commission and Data Realty Northern Indiana LLC to zone from GI General Industrial District and PUD Planned Unit Development District to PUD Planned Unit Development District, property located at the southeast quadrant of Sample Street and Prairie Avenue, extending generally to Cotter Street on the South and Lafayette Boulevard on the east, containing 85 acres, City of South Bend - APC# 2671 -13. Dear Council Members: I hereby Certify that the above referenced ordinance of City of South Bend Redevelopment Commission and Data Realty Northern Indiana LLC was legally advertised on Thursday, May 09, 2013 and that the Area Plan Commission at its public hearing on Tuesday, May 21, 2013 took the following action: Upon a motion by Daniel Brewer, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of the City of South Bend Redevelopment Commission and Data Realty Northern Indiana LLC to zone from GI General Industrial District and PUD Planned Unit Development District to PUD Planned Unit Development District, property located at the southeast quadrant of Sample Street and Prairie Avenue, extending generally to Cotter Street on the South and Lafayette Boulevard on the east, containing 85 acres, City of South Bend, is sent to the Common Council with a favorable recommendation. The South Bend Comprehensive Plan, City Plan, identifies the establishment of a research parkas one of the action steps under Strategy #1. In conjunction with Notre Dame's Innovation Park, Ignition Park provides a well - designed development site for the attraction of new businesses. The changes proposed from the original PUD, preserves the overall intent of the development of Ignition Park. 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. Sincerely, � (�6hn1/U• �W. Byo . Attachment CC City of South Bend Redevelopment Commission t Northern COUNTY. TBND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND www.stiosephcountyindiana.com/Areaplan Staff Report APC # Owner: Location: 5/9/2013 2671 -13 City of South Bend Redevelopment Commission The southeast quadrant of Sample Street and Prairie Avenue, extending generally to Cotter Street on the South and Lafayette Boulevard on the east, containing 85 acres Jurisdiction: City of South Bend Public Hearing Date: 5/21/2013 Requested Action: The petitioner is requesting a zone change from GI General Industrial District and PUD Planned Unit Development District to PUD Planned Unit Development District to allow a tech park, known as Ignition Park. Land Uses and Zoning: On site: All of the original Studebaker buildings have been demolished. Hamilton Towing is located at the northeast corner of the site. There is a new building (Data Realty) at the south end of the site. North: To the north is the St. Joseph County Jail, the City of South Bend Municipal Garage and Police Station, and the United Beverage facility, all zoned GI General Industrial District. East: To the east is the new Transpo building zoned GI General Industrial District. To the east, across Lafayette Blvd. is a multi tenant office building and the Hydraulic & Steam Equipment Company zoned GI General Industrial District. South: To the south, across Cotter Street, is Ferguson Enterprises and the Martin's Supermarket corporate office zoned GI General Industrial District. To the south, across the railroad tracks, are a few single family homes and vacant land zoned SF2 Single Family and Two Family District. West: To the west, across Prairie Avenue, are Ideal Corporation, Midwest Sales, and Omnisource Corporation all zoned GI General Industrial District. District Uses and Development Standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Ordinance. Site Plan Description: As with the existing PUD, the site plan is very general, showing street layout and perimeter setbacks. Detailed development standards are described through an exhibit APC # 2671 -13 Page 1 of 3 Staff Report 5/9/2013 attached to the ordinance. This narrative plan describes what is expected to happen as Ignition Park develops. The narrative plan covers uses, setbacks, building heights, landscaping and other development elements associated with the site. Changes from the previous PUD (APC# 2568 -10) ordinance include adding child care, medical or dental clinic, and hotel uses, removing the minimum height of buildings, and reducing side and rear setbacks. Secondary approvals will require site plans that fully meet the intent and specific development standards of the narrative plan. The Data Realty site, which received Final Site Plan approval on March 8, 2012 under the previous rezoning, will not need a new site plan review. Zoning and Land Use History And Trends: A similar petition was filed at the end of 2010. This petition adds the Hamilton Towing site at the northeast corner and removes a lot at the southwest corner. Previously, the entire site was zoned GI General Industrial District. Traffic and Transportation Considerations: Sample Street has four lanes. Prairie Avenue, Lafayette Blvd, and Cotter Street each have two lanes. Ignition Circle will have two lanes once it is completed. Utilities: The site will be served by City of South Bend utilities. Agency Comments: The Department of Community Investment supports the change in zoning as submitted. The City Engineer has no comments. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) Objective ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city. Objective ED 2.6: Encourage initiatives that advance innovation in research and development for local businesses. Objective ED 5.1: Provide incentives to science, engineering and high -tech businesses to locate in the city. Land Use Plan: The Future Land Use Map identifies this area as Heavy Industrial. Plan Implementation /Other Plans: This area is within the Sample Ewing Development Area. (City Plan Map 7.1) 2. Current Conditions and Character: This area was previously part of the Studebaker manufacturing complex. The buildings have all been demolished over the past several years to make way for the development of Ignition Park. Surrounding uses are small to medium sized industrial businesses and public use facilities. APC # 2671 -13 Page 2 of 3 Staff Report 5/9/2013 3. Most Desirable Use: The most desirable uses are large industrial and office users, within a planned development. 4. Conservation of Property Values: Given the specific development standards applied to this development, surrounding property values should not be negatively affected. 5. Responsible Development And Growth: It is responsible development and growth to promote the adaptive reuse of land within the context of the Comprehensive Plan. Staff Comments: The staff received a letter in support of the rezoning from the Rum Village Neighborhood Association. Recommendation: Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. Analysis: The South Bend Comprehensive Plan, City Plan, identifies the establishment of a research park as one of the action steps under Strategy #1. In conjunction with Notre Dame's Innovation Park, Ignition Park provides a well - designed development site for the attraction of new businesses. The changes proposed from the original PUD, preserves the overall intent of the development of Ignition Park. APC # 2671 -13 Page 3 of 3 m i Rum Village Neighborhood Association PO Box 2604 South Bend, In 46680 574 - 282 -4837 Area Plan Commission of St. Joseph County, In 227 W Jefferson Blvd. Room 1140 County City Building South Bend, In 46601 RE: City of South Bend Redevelopment Commission 85 acres southeast Of Sample Street and Prairie Ave Rezoning From GI General Industrial District: PUD Planned Unit Development District To: PUD Planned Unit Development District APC # 2671 -13 — Preliminary Site Plan On behalf of the Rum Village Neighborhood Association I would like to express the support of the Rum Village Neighborhood Association for the rezoning of the 85 acres southeast of Sample Street and Prairie Avenue known as Ignition Park. The Association is confident that the rezoned property will be an asset to the neighborhood. The Neighborhood Association is pleased to have this economic redevelopment in our community. In closing, the Neighborhood Association urges you to approve the Planning Commission request to rezone the property known as Ignition Park. Thank you in advance for your favorable consideration. Sin ely, Patrick Shelton Rum Village Neighborhood Association President