HomeMy WebLinkAboutagenda item 2015 1112 rdc 05a5Department of
Community Investment
Memorandum
November 12, 2015
TO:
FROM:
SUBJECT:
South Bend Redevelopment Commission
David Relos, Economic Resources ~,
Resolution No. 3318 -Cohn & Cohn/ Unifirst Plans & Specs Approval
At the Commission's last meeting on October 29, an update was given of the October 27
annual Blackthorn Owners' Association meeting. At the Association's meeting, one agenda
item was proposed changes to the Declaration of Protective Covenants & Restrictions and
Development Guidelines. After discussion of the various items being changed, final changes
were agreed upon with a unanimous vote of the owners present.
On July 30, 2015 the Commission approved an Agreement to Buy and Sell Real Estate with
Cohn & Cohn Investments LLC, developer for Unifirst's new facility on a long vacant eastern
lot within Blackthorn. At the Commission's October 29 meeting, Cohn's plans and specs for
the new building were shared with the Commission and attached hereto.
Unifirst's current building is being listed for sale, leaving them a target date to be in their new
facility of August 2016. This gives them approximately nine months to finalize plans and
specs, go through the permitting process, and construct the building to accommodate their
move. With this tight timeline and the length of time it could take for a final decision of the
Blackthorn Design Review Committee, Cohn is seeking assurance their plans and specs will
be approved before they spend tens of thousands of dollars finalizing them.
Staff requests approval of Resolution No. 3318, allowing Cohn & Cohn to finalize the plans
and specs for the development of this lot in to a new facility for Unifirst.
227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV
ITEM: 5.A.(5)
RESOLUTION NO. 3318
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
REGARDING REVIEW OF PLANS FOR CONSTRUCTION IN BLACKTHORN
CORPORA TE PARK BY COHN & COHN INVESTMENTS, LLC
WHEREAS, the South Bend Redevelopment Commission (the "Commission"),
governing body of the South Bend Department of Redevelopment, exists and operates under the
provisions ofl.C. 36-7-14, as amended (the "Act"); and
WHEREAS, in furtherance of its public purposes under the Act, on July 30, 2015, the
Commission entered into the Agreement To Buy And Sell Real Estate (the "Purchase
Agreement") for the sale of certain real property (the "Property") within the Blackthorn
Corporate Park ("Blackthorn") to Cohn & Cohn Investments, LLC (the "Company"); and
WHEREAS, in anticipation of closing its purchase of the Property from the Commission,
the Company has submitted to the Architectural and Review Committee (the "Committee")
established under the Declaration of Protective Covenants & Restrictions of the Blackthorn
Corporate Park (the "Declaration") its building design plans and specifications for its anticipated
construction on the Property; and
WHEREAS, the Company's plans and specifications attached hereto as Exhibit A (the
"Company Plans") are presently under review by the Committee; and
WHEREAS, the Commission amended the Declaration on November 12, 2015, pursuant
to Resolution No. 3315; and
WHEREAS, under Section 5.5.8 of the amended Declaration, an applicant aggrieved by
the Committee's decision concerning the applicant's plans and specifications for construction
within Blackthorn may appeal to the Commission and seek the Commission's final determination
concerning the approval of such plans and specifications; and
WHEREAS, the Commission desires to express its approval of the Company Plans,
notwithstanding the result of any further review by the Committee.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
1. The Commission hereby approves the Company Plans attached hereto as Exhibit
A and, in the event of an adverse decision on the Company Plans by the Committee, will resolve
an appeal in the Company's favor.
2. This Resolution is limited to approval of the Company Plans and will not be
construed to relieve the Company of any of its obligations under the amended Declaration, the
Development Guidelines for Blackthorn Corporate Park, or applicable laws.
1
3. This Resolution will be m full force and effect upon its adoption by the
Commission.
ADOPTED at a Regular Meeting of the South Bend Redevelopment Commission held
on November 12, 2015, at 1308 County-City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601.
ATTEST:
Donald E. Inks, Secretary
4000.0000047 63276408.001
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT, by and
through its governing body, the South Bend
Redevelopment Commission
Marcia I. Jones, President
2
EXHIBIT A
Company Plans
[See attached.]
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