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Home My WebLink AboutAmending the Zoning for 5603 F. J. Nimtz Parkway and Moreau CourtORDINANCE No. 10424-16 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: February 8, 20 16 Presented by me to the Mayor of the City of South Bend, Indiana February 8, 20 16 Approved and signed by me e 6etlqp / 20 City Clerk - esident of Common Council City Clerk ORDINANCE NO. 10q ;�J -I (-P AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 5603 F. J. NIMTZ PARKWAY, THE SOUTHWEST CORNER OF F. J. NIMTZ PARKWAY AND MOREAU COURT AND PROPERTY ON THE WEST SIDE OF MOREAU COURT APPROXIMATELY 800 FEET SOUTH OF F. J. NIMTZ PARKWAY, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA ATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTIES FROM O OFFICE DISTRICT TO LI LIGHT INDUSTRIAL DISTRICT TO ALLOW FOR FUTURE INDUSTRIAL DEVELOPMENT OF VARIOUS TYPES FOR THE BLACKTHORN CORPORATE OFFICE PARK CAMPUS. 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, 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 Southwest Quarter of Section 20, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots #1BB and #1CC of the Plat of "Blackthorn Corporate Office Park Minor #3, First Replat" and Lot # 1 of the Plat of "Blackthorn Corporate Office Park Minor #9" both as recorded in the records of the St. Joseph County, Indiana Recorder's Office. Containing 25.25 Acres more or less. Subject to all legal highways and easements of record, be and the same is hereby established as LI Light Industrial District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21 -09.02 (d) Commitments. SECTI nance shall be in full force and effect from and after its passage by th Common Council, a roval by the Mayor, and legal publication. Member of the Attest: Council City erk 14 PreAented by me to the Mayor of the City of South Bend, Indiana on the A day of qffbVkaA.44 , 201, at �, a0 o'clock a m. City lerk Approved and signed by me on the ql� day of p , 20 6 , at .20 o'clock 9 m. Mayor of the Ci 1 st READING PUBLIC HEARING 3rd READING NOT APPROVED REFERRED PASSED Indiana Office FEB 03 2016 KAREEMA Fit t: CITY r-s.. td:01•i�� LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 11 +0 COUNTY -CITY BUILDING, SOUTH BLND, INDIANA 46601 (5741 235 -9571 February 4, 2016 South Bend Common Council 4'' Floor, County -City Building South Bend, IN 46601 RE: Bill #85 -15 Rezoning: 5603 F.J. Nimtz Parkway, the Soutwest corner of the F.J. Nimtz Parkway and Moreau Count, and property on the west side of Moreau Court approximately 800 feet south of F. J. Nimtz Parkway Dear Council Members: When the petition to rezone the property at the intersection of Nimtz Parkway and Moreau Court was heard by the Area Plan Commission, it was sent was a favorable recommendation subject to Written Commitments. Attached is an amended Ordinance that incorporates wording to indicate such. This is in addition to the letter received noting the change in the location description. Please replace the Ordinance for consideration at the February 8, 2016 Common Council meeting with the attached amended Ordinance. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, a4JA % /l gw x Angela M. Smith Deputy Director CC: Kathy Cekanski - Ferrand SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W . S T J O S E P H C O U N T Y I N D I ANA. C O M/ A R E A P L A N ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 5603 F. J. NIMTZ PARKWAY, THE SOUTHWEST CORNER OF F. J. NIMTZ PARKWAY AND MOREAU COURT AND PROPERTY ON THE WEST SIDE OF MOREAU COURT APPROXIMATELY 800 FEET SOUTH OF F. J. NIMTZ PARKWAY, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTIES FROM O OFFICE DISTRICT TO LI LIGHT INDUSTRIAL DISTRICT TO ALLOW FOR FUTURE INDUSTRIAL DEVELOPMENT OF VARIOUS TYPES FOR THE BLACKTHORN CORPORATE OFFICE PARK CAMPUS. 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, 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 Southwest Quarter of Section 20, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots #1BB and #1CC of the Plat of "Blackthorn Corporate Office Park Minor #3, First Replat" and Lot # 1 of the Plat of "Blackthorn Corporate Office Park Minor #9" both as recorded in the records of the St. Joseph County, Indiana Recorder's Office. Containing 25.25 Acres more or less. Subject to all legal highways and easements of record, be and the same is hereby established as LI Light Industrial District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21 -09.02 (d) Commitments. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 , at o'clock m. City Clerk Approved and signed by me on the day of 20 , at o'clock m. Mayor of the City of South Bend, Indiana Filed it c: F-r'- EB 0 5 2016 i P w4REEY; k, CITY CLERK, SOL''< �. 4 :., , IN Alkeyna Aldridae From: Kareemah Fowler Sent: Friday, February 05, 2016 3:25 PM To: Alkeyna Aldridge Subject: FW: Revised 230 pm 2 -4 -16 City of South Bend Nimtz & Moreau Rezoning Written Commitments.doc Attachments: Revised 230 pm 2 -4 -16 City of South Bend Nimtz & Moreau Rezoning Written Commitments.doc From: Mike Danch [mailto:mdanch @danchharner.com] Sent: Friday, February 05, 2016 11:04 AM To: Kareemah Fowler <kfowler @southbendin.gov >; Benjamin Dougherty <bdougher @south bendin.gov> Cc: David Relos <drelos @south bendin.gov >; 'Brock Zeeb' <bzeeb @sbnair.com >; 'Kerianne Linn' <klinn @sbnair.com >; 'Angela Smith' <ASmith @co.st - joseph.in.us> Subject: Revised 230 pm 2 -4 -16 City of South Bend Nimtz & Moreau Rezoning Written Commitments.doc Kareemah: attached are the written commitments that go with our rezoning for at 5603 F. J. Nimtz Parkway, the Southwest corner of F. J. Nimtz Parkway and Moreau Court and property on the west side of Moreau Court approximately 800 feet south of F. J. Nimtz Parkway, also known as Bill No. 81 -15. 1 wanted to make sure the Council members had copies of the approved wording for the written commitments. Assuming our rezoning is approved by Council we will then be required to go back to Area Plan Commission to have them approve the written commitments. Any questions let me know. Thanks Mike 234 -4003. I Filed in Q1., is Office EB 052Q16 K REEM,o17 , :)'�;LER cITY�Es L�CND, IN EXHIBIT "A" COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL, ZONE MAP CHANGE OR PLANNED UNIT DEVELOPMENT REQUIRED BY THE CITY OF SOUTH BEND ZONING ORDINANCE. In accordance with I.C. 36 -7 -4 -1015 or I.C. 36 -7 -4 -1016, the Owner of the real estate located in St. Joseph County, Indiana which is described below, makes the following COMMITMENT concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: A part of the Southwest Quarter of Section 20, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots #I BB and #1CC of the Plat of "Blackthorn Corporate Office Park Minor #3, First Replat" and Lot # 1 of the Plat of "Blackthorn Corporate Office Park Minor #9" both as recorded in the records of the St. Joseph County, Indiana Recorder's Office. Containing 25.25 Acres more or less. Subject to all legal highways and easements of record, STATEMENT OF COMMITMENT: The following uses shown below in items "1" and "2" were agreed to by the St. Joseph County Airport Authority as being incompatible with Airport operations and as such shall be prohibited on the above described real estate: 1. Educational Uses: Including but not limited to: Child Care Center; School — Commercial, Trade, Industrial or Business. 2. Artificial Lake, or pond or other types of bodies of water. 3. Prior to the issuance of any building permit for the above - described real estate, an applicant must confer with the St. Joseph County Airport Authority and participate in any construction review and approval process required under Federal Aviation Administration regulations or other applicable laws. This COMMITMENT shall run with the land, be binding on the Owner of the above - described real estate, subsequent owners of the above - described real estate and other persons acquiring an interest therein. This COMMITMENT may be modified or terminated by a decision of the Area Plan Commission of St. Joseph County made at a public hearing after proper notice has been given. 1 INIMAN2 742019v1 Ord. No.: 9495 -04 COMMITMENTS contained in this instrument shall be effective upon the approval of petition # 2770 -15 pursuant to the City of South Bend Zoning Ordinance, and shall continue in effect until: (i) the real estate is rezoned; or, (ii) modified or terminated by the Area Plan Commission of St. Joseph County. This COMMITMENT may be enforced jointly or severally by: 1. The Area Plan Commission of St. Joseph County; 2. The City of South Bend, Indiana; 3. St. Joseph County Airport Authority; 4. Owners of all parcels of ground adjoining the real estate within three- hundred (300) feet of the subject parcel and all owners of real estate within the area included in the petition who were not petitioners for approval; and The undersigned hereby authorizes the Executive Director of the Area Plan Commission of St. Joseph County to record this Commitment in the Office of the Recorder of St. Joseph County, Indiana, upon final approval of petition # 2770 -15. IN WITNESS WHEREOF, Owner has executed this instrument this , 2016 . (Organization Owner) Department of Redevelopment of the City of South Bend, Indiana day of Printed: David Relos — Authorized Representative of the Department of Redevelopment of the City of South Bend, Indiana Title 2 INIMAN2 742019v1 Ord. No.: 9495 -04 STATE OF INDIANA) ) SS: COUNTY OF ST. JOSEPH) (Organization Acknowledgment) Before me, a Notary Public in and for said County and State, personally appeared Authorized Representative for the Department of Redevelopment of the City of South Bend, Indiana, Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who, having been duly sworn, stated that any representations therein contained are true Witness my hand and Notarial Seal this Signature Printed: Michael J. Danch County of Residence: St. Joseph County, Indiana My Commission expires: November 22, 2022. day of 2016. This instrument was prepared by Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana 46628. We affirm under the penalties of perjury, that we have taken reasonable care to redact each Social Security number in this document, unless required by law. 3 INIMAN2 742019v1 Ord. No.: 9495 -04 Fi;2rj r— - i FEB 0 5 2016 KAREF' .. _►�. CITY CLERK, Suu i h BEND, IN