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HomeMy WebLinkAbout9587-05 - Annexation Adams Rd. District 1ORDINANCE No. 9587-05 Passed by the Common Council of the City of South Bend, Indiana Attest: May 9, 20 05 JOHN Presented by me to the Mayor of the City ofSouth Bend, Indiana May 10, 2005 JOHN Approved and signed by me May 10, 20 05 City Clerk President of Common Council City Clerk u.;,; ORDINANCE NO. 1 I - K AhT.ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN PROPERTY LOCATED AT 23464 ADAMS ROAD, 24222 ADAMS ROAD AND ADJACENT PROPERTY, COUNCILMANIC DISTRICT NO. 1, GERMAN TOWNSHIP CITY OF SOUTH BEND INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation of 274.9 acres and for the zoning of 237.8 acres located in German Township, St. Joseph County, Indiana, has been filed by one hundred percent (100 %) of the owners of the land in the territory sought to be annexed and zoned. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one -eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A PART OF THE NORTH HALF OF SECTION 17 AND SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST AND A PART OF FRACTIONAL SECTION 7 AND FRACTIONAL SECTION 8, TOWNSHIP 38 NORTH, RANGE 2 EAST, ALL IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 12 IN CHEROKEE GARDENS SUBDIVISION RECORDED IN PLAT BOOK 16, PAGE C -2, IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY; 'SECONDS EAST THENCE SOUTH 0 DEGREES AS INE OF THE NORTHWEST PARALLEL WITH THE E ST QUARTER OF SAID SECTION 17, A DISTANCE OF 1370.15 FEET TO THE SOUTHWEST CORNER OF LOT 3 IN CHURCH'S MINOR SUBDIVISION, RECORDED UNDER INSTRUMENT NUMBER 0038244 IN SAID OFFICE OF RECORDER; THENCE NORTH 89 DEGREES 50 MINUTES 53 SECONDS WEST ALONG THE SOUTH LINE OF SAID CHURCH'S MINOR SUBDIVISION, PROJECTED, A DISTANCE OF 20.00 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH SAID EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 531.84 FEET TO A POINT ON THE NORTH LINE OF J. LIGHTNER MINOR SUBDIVISION, RECORDED UNDER INSTRUMENT NUMBER 9620477; THENCE SOUTH 89 DEGREES 52 MINUTES 17 SECONDS EAST ALONG THE NORTH LINE OF SAID J. LIGHTNER MINOR SUBDIVISION, A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF LOT 1 IN SAID J. LIGHTNER MINOR SUBDIVISION; THENCE SOUTH 0 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 133.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1 IN J. LIGHTNER MINOR SUBDIVISION; THENCE NORTH 89 DEGREES 52 MINUTES 17 SECONDS WEST ALONG THE SOUTH LINE OF SAID J. LIGHTNER MINOR SUBDIVISION, A DISTANCE OF 20.00 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 665.38 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER, PROJECTED; THENCE NORTH 89 DEGREES 57 MINUTES 13 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 2624.21 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 53 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 1550.70 FEET TO THE WESTERLY RIGHT OF WAY LINE OF THE ST. JOSEPH VALLEY PARKWAY; THENCE NORTH 24 DEGREES 26 MINUTES 22 SECONDS EAST ALONG SAID WESTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 28.99 FEET; THENCE NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST ALONG SAID WESTERLY RIGHT -OF -WAY LINE AND THE EAST BOUNDARY OF ROLLING OAKS COUNTRY ESTATES, SECTION FIVE AS RECORDED UNDER INSTRUMENT NUMBER 8020539 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 725.74 FEET; THENCE NORTH 00 DEGREES 06 MINUTES 46 SECONDS EAST CONTINUING ALONG SAID EAST BOUNDARY, A DISTANCE OF 86.13 FEET TO THE SOUTHEAST CORNER OF LOT 1 IN ROLLING OAKS COUNTRY ESTATE MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 9505754 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING NORTH 00 DEGREES 06 MINUTES 46 SECONDS EAST, A DISTANCE OF 526.46 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, LYING ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE NORTH 89 DEGREES 53 MINUTES 14 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 854.23 FEET TO THE SOUTHEAST CORNER OF LOT 4 IN KERTES' MINOR SUBDIVISION AS RECORDED IN PLAT BOOK 23, PAGE K-4 IN THE OFFICE OF SAID RECORDER; THENCE NORTH 00 DEGREES 00 MINUTES 57 SECONDS EAST ALONG THE EAST BOUNDARY OF SAID KERTES' NIINOR SUBDIVISION AND THE EAST BOUNDARY OF A PARCEL DESCRIBED UNDER A WARRANTY DEED AS RECORDED IN BOOK 637 PAGE 434 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 1351.13 FEET TO THE NORTH RIGHT -OF -WAY LINE OF ADAMS ROAD; THENCE SOUTH 89 DEGREES 52 MINUTES 58 SECONDS EAST ALONG SAID NORTH RIGHT -OF WAY LINE AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 639.23 FEET TO A POINT ON A RIGHT -OF -WAY TAKING FOR THE ST. JOSEPH VALLEY PARKWAY; THENCE THE NEXT 3 CALLS ALL ALONG SAID RIGHT -OF -WAY TAKE: 1) NORTH 83 DEGREES 34 MINUTES 45 SECONDS EAST, A DISTANCE OF 873.21 FEET, 2) SOUTH 87 DEGREES 55 MINUTES 00 SECONDS EAST, A DISTANCE OF 336.27 FEET, 3) SOUTH 84 DEGREES 29 MINUTES 13 SECONDS EAST, A DISTANCE OF 930.73 FEET TO THE NORTH RIGHT -OF -WAY LINE, OF ADAMS ROAD; THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 190.73 FEET; THENCE NORTH 0 DEGREES 04 MINUTES 57 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE SOUTHWEST CORNER OF LOT 1 IN CHEROKEE GARDENS SUBDIVISION, RECORDED IN PLAT BOOK 16, PAGE C -2, IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY; THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST ALONG THE SOUTH LINE OF SAID CHEROKEE GARDENS SUBDIVISION EXTENDED, AND PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1844.50 FEET TO THE POINT OF BEGINNING; SUBJECT TO ALL EASEMENTS, RESTRICTIONS, COVENANTS, AND RIGHT OF WAY OF RECORD. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. 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 effective immediately following the annexation of the above described real estate, in order that the zoning classification of the above described real estate, with the exception of all adjacent rights -of -way, is hereby established as a Planned Unit Development District in the City of South Bend, St. Joseph County, State of Indiana; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. r Member of the Common Coin '1 25. 4641, Presented by me to the Mayor of the City of South Bend, Indiana on the L*, day of 2005, at V .� o'clock p . m. N,o' Citfflerk 1% 3:30 Approved and signed by me on the AP day of A" , 2005, axo'clock �t—.m. (Code §2- 9(v)(9) 1st READING PUBLIC HEARING 1rDr 3 rd READING 5_0.65- NOT APPROVED REFERRED A -to- 2--"4-()S 4 -OS PASSED 5 A- 0 �' Mayor, City of th end, Indiana Filed In Clerk's Office F FEB 2005 JOHN VOORDE CITY CLERK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 9 -05 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN PROPERTY LOCATED AT 23464 ADAMS ROAD, 24222 ADAMS ROAD AND ADJACENT PROPERTY, COUNCILMANIC DISTRICT NO. 1, GERMAN TOWNSHIP, 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. Roland Kelly Chairman PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA We the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in German Township, St. Joseph County, Indiana, and in support of which Petition alleges and affirms as follows: 1) We are the owners (hereinafter "petitioner" or "petitioners ") of land more particularly described in Exhibit "A" attached hereto, which exhibit describes the property to be zoned by the Common Council: OWNER PARCEL NO. David M. Daren 04- 1010 -0169.01 Michael S. Treesh 04- 1010 -0169 Waggoner's Dairy Farm, Inc., 04- 1009 -0146 an Indiana corporation 04- 1010 -0170 04- 1010 - 0170.01 2) Petitioners desire that the property identified on Exhibit A, together with adjacent rights -of -way, be annexed to the City of South Bend, Indiana, and that the property identified on Exhibit A be granted a zoning designation as herein requested, both by proper ordinance. 3) That this Petition is signed by at least (CHECK ONE): x a. one- hundred percent (100 %) of the owners of the land in the territory sought to be annexed; OR +b. fifty -one percent (51 %) of the owners of the land in the territory sought to be annexed; OR C. the owners of seventy-five percent (75 %) of the total assessed value of the land for property tax purposes. 4) The property sought to be annexed and rezoned is located at: COMMON ADDRESS 24222 Adams Road Vacant Land Adjacent to 24222 Adams Road 23463 Adams Road PROPERTY TAX KEY NO. 04 -1010- 0169.01 04- 1010 -0169 04- 1009 -0146 04- 1010 -0170 04- 1010 -0170.01 5) 6) 7) 9: 9) The name and address of the property owner(s) of the petition site is /are: David M. Daren 24222 Adams Road, South Bend, IN 46628 Waggoner's Dairy Farm, Inc. 1402 Kessler Blvd, South Bend, IN 46616 Michael S. Treesh P.O. Box 3491, Homer, AK 99603 The name and address of the contingent purchaser(s), if applicable, is /are: Waggoner Farm Development, L.P. By: Holladay Partners — Midwest, Inc. Its: General Partner 227 S. Main Street Suite 300 South Bend, IN 46601 The property sought to be annexed is 274.9 acres (237.8 acres to be zoned) in size and currently has the following use(s) on it: PARCEL NO. USES 04- 1010 -0169 Agricultural 04- 1010 - 0169.01 Residential 04- 1009 -0146 Agricultural 04- 1010 -0170 Agricultural 04- 1010- 0170.01 Agricultural Number of people currently residing on the property: One (1) Person It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: 04 -1010 -0169 Residential 04- 1010 - 016901 Residential 04 -1010- 017001 Residential 04- 1010 -0170 Residential 04 -1009 -0146 Residential To City of South Bend zoning classification: 21 -05 Planned Unit Development District in conformance with the Portage Prairie Planned Unit Development Preliminary Plan, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference, to provide for the following use(s): a mixed use development consisting of single family / two family, multifamily / townhomes, civic/recreational, lifestyle / destination retail, neighborhood retail, medical / office campus, assisted living, light industrial, commercial / hotel, office / flex, hotel / restaurant, research & development, or other uses deemed compatible by the Area Plan Commission. PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA (Cont.) 10) The anticipated "build -out' year for the project: 2005 -2015. 11) The following information has been submitted with the Petition: 1. a legal description of the property, titled as Exhibit "A' 2. a list of names and addresses of all property owners, along with the tax key numbers for all properties, within 300 feet of the petition property; 3. seventeen (17) site plans; 4. addressed, stamped envelopes for all property owners within 300 feet of the petition property. 12) gZ97g0,,,,- (s) of all property owner(s), or Attorney for all property owner(s) Signed- Address:— 2 �( 2 2 2 /y; b /9 M S Phone Number. 5- 7 L Z `(3 - 3 b t'( -7 i. j, tkG-e- a,;/ q F F t7ey ✓ of V --,c— Signed: GrilN /' I Address:�� d���✓ -PP l� , Signed: Address: Phone Number. Phone Number. 13) Name, Address &. Phone Number of Contact Person/Preparer (Please print): Frank Perri Holladay Properties 227 S. Main South Bend, IN 46601 (574) 234 -2073 ext. 29 13) Name, Address & Phone Number of Contact person/Preparer (Please print): (CONTINUED) John Phair Doug Hunt Marc Stein Holladay Properties 227 S. Main South Bend, IN 46601 (574) 234 -2073: Ext. 13 John Phair Ext. 16 Doug Hunt Ext. 43 Marc Stein Richard Mintz Richard Deahl Barnes & Thornburg 100 N. Michigan Street, 6`h Floor South Bend, Indiana 46601 (574) 233 -1171 Eugene Valanzano Balser & Daniels 300 N. Meridian Street, Suite 2700 Indianapolis, Indiana 46204 (317) 237 -0300 Filed In Clerk's Offlc0 MAR 1 1 2005 JOHN VOORDE C" CLERk SO. BEND, O WAI Richard J. Deahl (574) 237 -1240 Email: richard.deahl @btlaw.com VIA HAND DELIVERY Mr. John Voorde City Clerk City of South Bend County -City Building, 4th Floor 227 West Jefferson Blvd. South Bend, Indiana 46601 RE: Petition for Voluntary Annexation and Zoning Portage Prairie Planned Unit Development Dear Mr. Voorde: 600 1st Source Bank Center 100 North Michigan South Bend, Indiana 46601.1632 U.S.A. (574) 233 -1171 Fax (574) 237 -1125 www.btlaw.com February 9, 2005 As you know, Waggoner Farm Development, L.P., through its general partner Holladay Partners - Midwest, Inc. ( "Holladay"), has prepared a comprehensive development plan for property formerly known as the Waggoner Dairy Farm and adjoining property located south of Adams Road, and east and west of the U.S. 31 Bypass (northwest of the City of South Bend). This plan has been developed over time through a collaborative effort between Holladay, the City of South Bend, St. Joseph County and residents in the Michiana area, all of whom contributed ideas and addressed concerns related to the proposed development. As a result of these collaborative efforts, Holladay is prepared to introduce this plan which will involve the annexation and zoning of approximately 275 acres of property according to a "Planned Unit Development" which identifies the general location and uses for property to facilitate future development. As you will see, the proposed Planned Unit Development contemplates that the project will be a mixed use, including space allocated for construction of light industrial/warehouse, hotels, destination retail locations, neighborhood retail development, medical/office parks, technology centers, restaurants, town homes and single family residences. Overall, this project represents one of the largest and most important projects within our area in quite some time. In order to move to the next phase of development, the owners of 100% of the property involved in the development request that the Common Council of the City of South Bend consider and approve an Ordinance (a) annexing approximately 275 acres of property as described in the enclosed Ordinance, and (b) immediately following such annexation, zoning all such annexed property (excluding rights -of -way) in accordance with the Planned Unit Development ("PUD') proposed by Holladay. We are pleased to enclose the following documents for the Council's consideration: Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C. Mr. John Voorde February 9, 2005 Page 2 1. An original and seventeen (17) copies of a "Petition for Voluntary Annexation Into and the Zoning of the Annexed Land in the City of South Bend, Indiana ". This Petition is submitted by the owners of the land involved under I.C. § 36- 4-3-5.1 and contains two exhibits, including (A) the property sought to be rezoned following an action annexing such property into the City, and (B) the Plan for the Planned Unit Development (with a diagram of the overall development scheme). 2. Three (3) copies of an Ordinance for the proposed Annexation and Designation of a Zoning District for the property described in such Ordinance. We would appreciate having the Petition and Ordinance placed on the Council's agenda for filing and first reading on February 14, 2005, the Council's next scheduled meeting date. We have also enclosed a check payable to the City of South Bend in the amount of $150, and a check for $50 payable to the Area Plan Commission, for the requisite filing fees. As always, please feel welcome to let me or Holladay know if you have any questions or concerns related to the Petition for concurrent annexation and zoning of the property in this matter. RJD:slr Enclosures cc: Mr. John T. Phair Mr. Frank Perri Mr. Doug Hunt Mr. Marc Stein Mr. Richard L. Mintz SBDS02 RJD 312770v1 Very truly yours, BARNES & THORNBURG LLP Richard J. Deahl Filed In Clerk's Office FEB 9 2005 JOHN VJORDE C17Y CI.M., SC, REND, IN. LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (S 74) 235 -9571 December 28, 2015 TO: City Clerk From: Angela M. Smit� Deputy Director RE: APC# 2306 -05 Ameriplex at Interstate 80/90 (formerly known as Portage Prairie) Attached please find the Revised Ignition Park PUD District Ordinance Development Standards for the above referenced petition, approved by the Area Plan Commission Staff on December 16, 2015. This rezoning to PUD Planned Unit Development, was passed by the Common Council on May 9, 2005 and assigned Ordinance Number 9587 -05. Please include this as a replacement PUD District Ordinance to one previously approved for this location. If you have any questions, please don't hesitate to call (574) 235 -9571. Enclosures CC: Department of Community Investment Building Department City Engineering SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W . ST J 0 S E PH C 0 U N T Y I N D I A N A . C 0 M / A R E A P I AN AMERIPLEX AT INTERSTATE 80/90 PLANNED UNIT DEVELOPMENT APPROVED AMENDMENTS FORMALLY KNOWN AS: CO sp i Z iio-I 1�k J, MERIftEi if AT INTERSTATE 80190 "PORTAGE PRAIRIE PLANNED UNIT DEVELOPMENT" Original PUD Document (10 pages) Approved by the City of South Bend Common Council on May 10, 2005, and revised on September 26, 2012 and January 29, 2014 for Plan Commission consideration. Original Ordinance 9587 -05 and Legal Description (4 pages) are attached hereto as Exhibit A for reference. Section Number Section Name Approved Date Approved By EXHIBIT B 3 (e) Area C - Southeast Quadrant 10 -16 -12 Area Plan Commission Signage Requirements (4 pages) EXHIBIT C 3 (e) Area C - Southeast Quadrant 10 -16 -12 Area Plan Commission Landscape Requirements (6 pages) EXHIBIT D 3 (f) Area C — Southeast Quadrant 02 -18 -14 Area Plan Commission Outdoor Storage Requirements (1 page) PUD NAME CHANGE All Change to: 02 -18 -14 Area Plan Commission AmeriPlex at Interstate 80/90 (all pages) EXHIBIT B Area C — Southeast Quadrant 11 -17 -15 Area Plan Commission Various Signage Requirements (4 pages) EXHIBIT C Various Area C - Southeast Quadrant 11 -17 -15 Area Plan Commission Landscape Requirements (6 pages) EXHIBIT B 12 -15 -15 Area Plan Commission Tenant Area C — South Signs Signage Requirements (1 page) AmeriPlex at Interstate 80/90 Planned Unit Development (Formally Portage Prairie Planned Unit Development) Date: March 9, 2005 Revised September 26, 2012 Revised January 29, 2014 Submitted by: Holladay Properties Introduction AwRifta AT INTERSTATE 80/90 Petitioner, Holladay Properties, requests the rezoning of approximately 275 acres, more particularly described in Exhibit A attached hereto and incorporated herein by this reference, to the PUD classification to provide for the development of a mixed -use project consisting of light industrial, office, technology, entertainment retail, destination retail, neighborhood retail, medical, and residential uses. The AmeriPlex at Interstate 80/90 Planned Unit Development ( "AmeriPlex ") is planned to include four (4) major land use districts located on each of the four (4) quadrants of the intersection of US 31 and Adams Road. Certain design elements will be utilized throughout AmeriPlex to connect the four (4) quadrants, either physically or by way of aesthetics. It is acknowledged that only the southern two (2) sections of AmeriPlex are included in this Preliminary Plan. This Preliminary Plan can, however, provide a framework from which to review the remaining sections of AmeriPlex in light of existing and proposed future land uses in much the same way as a Comprehensive Plan identifies land use patterns for a community as a whole. Petitioner anticipates filing for annexation and rezoning of those additional parcels at a future date. When such annexation and rezoning request is filed, it will provide a logical continuation of this Preliminary Plan for the AmeriPlex at Interstate 80/90 Planned Unit Development. AmeriPlex at Interstate 80/90 Planned Unit Development Area A — Northwest Quadrant [Future Consideration]. 2. Area B — Southwest Quadrant. a. Neighborhood Retail — Neighborhood Retail permitted uses and development standards shall be in compliance with the regulations of Section 21- 03.04: LB — Local Business District of the City of South Bend Zoning Ordinance. b. Medical / Office Campus — Medical / Office Campus permitted uses and development standards shall be in compliance with the regulations of Section 21- 03.03: O — Office District of the City of South Bend Zoning Ordinance. Page 1 of 10 AmeriPlex at Interstate 80/90 Planned Unit Development Revised September 26, 2012 Revised January 29, 2014 March 9, 2005 C. Assisted Living - Assisted Living facilities, including but not limited to: Assisted Living; Alzheimer's Care; Nursing and Rehabilitative Care; Hospice Care; Short-Term Stays; or, Independent Living facilities affiliated with one of the above care facilities, shall be developed in compliance with the development standards of either Section 21- 02.03: MFI - Urban Corridor Multifamily District or Section 21- 02.04: M172 - High Density Multifamily District of the City of South Bend Zoning Ordinance, provided, however, the number of off - street parking spaces provided need not exceed one -half (1/2) parking space per dwelling unit. Area C — Southeast Quadrant. a. Industrial - Industrial permitted uses and development standards shall be in compliance with the regulations of Section 21- 04.01: LI - Light Industrial District of the City of South Bend Zoning Ordinance. Commercial / Hotel — Commercial / Hotel permitted uses and development standards shall be in compliance with the regulations of Section 21- 03.05: CB - Community Business District of the City of South Bend Zoning Ordinance. Office / Flex — Office / Flex permitted uses shall include any Office / Professional Services Use listed as a Primary Use or Special Exception Use in Section 21- 04.01: LI - Light Industrial District of the City of South Bend Zoning Ordinance or any Library Use, and development standards shall be in compliance with the regulations of Section 21- 04.01: LI - Light Industrial District of the City of South Bend Zoning Ordinance. d. Residential Bufferyards Along Mayflower Road and Adams Road — Notwithstanding anything above to the contrary, the development of Area C shall include a front yard residential bufferyard along Mayflower Road and Adams Road in substantial compliance with the standards set forth in Section 9., c., below. e. Signage Requirements and Landscape Requirements —Notwithstanding anything contained herein to the contrary, the subsequent documents Exhibit B regarding signage and Exhibit C regarding landscape shall be applicable throughout Area C — Southeast Quadrant. f. Outdoor Storage Requirements — Notwithstanding anything contained herein to the contrary, the subsequent documents Exhibit D regarding outdoor storage shall be applicable throughout Area C — Southeast Quadrant. 4. Area D — Northeast Quadrant [Future Consideration]. 5. Accessory Uses — All Areas: as authorized by the City of South Bend Zoning Ordinance for either Residential Districts, Commercial / Mixed Use Districts or Industrial Districts, as applicable. Temporary Uses — All Areas: as authorized by the City of South Bend Zoning Ordinance for either Residential Districts, Commercial / Mixed Use Districts or Industrial Districts, as applicable. Page 2 of 10 AmeriPlex at Interstate 80/90 Planned Unit Development Revised September 26, 2012 Revised January 29, 2014 March 9, 2005 7. Traffic. The following briefly describes the existing and proposed methods of handling traffic to and from AmeriPlex. a. Existing —The site is located along both sides of the US 31 at the northwestern edge of the City of South Bend. Adams Road bisects the site in an east /west direction and provides primary access to each of the four (4) quadrants of AmeriPlex. On the east, AmeriPlex is bounded by Mayflower Road, which provides access to downtown South Bend via Adams Road or Cleveland Road to Portage Avenue. On the west, Orange Road provides north/ south circulation. b. Proposed — The ability to create the desired density and quality of development identified in this Preliminary Plan will be enhanced by the following proposed roadway improvements: (1) US 31 Interchange — Petitioner will work with appropriate governmental agencies with the goal of applying to INDOT for an interchange at the intersection of the US 31 and Adams Road. Such access will not only improve access to the site for the citizens of the City of South Bend and St. Joseph County, but to also provide excellent access to the regional marketplace of Michiana. (2) Adams Road /Auten Road — Petitioner proposes to work with the appropriate governmental agencies in the study of improving an east / west connection across the northern portions of the City of South Bend and St. Joseph County to and from the site and US 31. Such an improvement will greatly enhance the ease of access across the northern portions of the City of South Bend and St. Joseph County to AmeriPlex and other locations along US 31. C. North /South Thoroughfare — In addition to US 31, north / south access to and through the site can be obtained from Mayflower Road on the east, through local streets in the Toll Road Industrial Park, and from Orange Road to the west. Petitioner wishes to work with appropriate governmental agencies to investigate transportation improvements to these corridors. d. Local Street Network — The local street network throughout AmeriPlex will be developed in a consistent manner with respect to walkways /trails/ sidewalks, landscape easements and other features which will all serve to provide a visually unifying effect throughout AmeriPlex. Utilities. Petitioner anticipates working with the City of South Bend and other applicable utility service providers in the area for the extension of all necessary public infrastructure to serve AmeriPlex, including but not limited to: water; sewer; storm drainage; electric; gas; and communications. Page 3 of 10 Q AmeriPlex at Interstate 80/90 Planned Unit Development Revised September 26, 2012 Revised January 29, 2014 March 9, 2005 Except for required pedestals and service connections, all utility lines within AmeriPlex shall be installed underground. Open Space. Notwithstanding anything contained herein to the contrary, the following regulations regarding open space shall be applicable throughout the AmeriPlex at Interstate 80/90 Planned Unit Development. a. Tree Preservation. Reasonable efforts shall be made to preserve existing specimen trees located within AmeriPlex. Specimen trees shall include those trees of a desirable species which are over eight (8) inches in caliper (if deciduous) or over ten (10) feet in height if evergreen. Such trees may be either preserved at their present location or relocated and incorporated into the landscape of an individual lot, common area, or other highly visible location within the development. Such relocation shall occur where practical given consideration for the health of the trees, desirability of the species, soil conditions, drainage requirements, utilities, and other improvements as well as compatibility with the overall site and landscape design. Pedestrian Way and Trail System. Pedestrian ways (i.e., sidewalks or trails, walkways and overall trails) will play a vital role in establishing the quality of life desired for AmeriPlex. As such, an integrated system of sidewalks or trails, walkways and overall trails shall be developed throughout AmeriPlex that will feature the following: (1) Sidewalks or trails shall be required along all new streets developed within the AmeriPlex at Interstate 80/90 Planned Unit Development as follows: (a) Residential Areas - on both sides of all streets. (b) Retails Areas -on both sides of all streets. (c) Industrial Areas - on one side of all streets. (d) Research and Development - on one side of all streets. (e) Office /Medical -on one side of all streets. (f) Office / Flex - on one side of all streets. (2) Walkways — Continuous internal walkways shall be provided from sidewalks or trails to the principal entrances of all buildings. Page 4 of 10 AmeriPlex at Interstate 80/90 Planned Unit Development Revised September 26, 2012 Revised January 29, 2014 March 9, 2005 (3) Overall Trails: In addition to the sidewalks or trails and walkways outlined above, an overall trail system shall be planned and developed that will provide functional connections from all residential areas to all neighborhood retail areas and employment areas within the AmeriPlex at Interstate 80/90 Planned Unit Development. In addition, the overall trail system shall be designed to provide for extensions to other trails or greenways developed or planned by the City of South Bend or St. Joseph County. (a) Overall Trail System Design —A filing requirement for the first primary plat for any development within one of the Areas of the AmeriPlex at Interstate 80/90 Planned Unit Development shall be an Overall Trail System Map for that Area of the AmeriPlex at Interstate 80/90 Planned Unit Development. The Overall Trail System Map for each Area shall also indicate proposed connections to the other Areas of AmeriPlex. (b) Initial Phase — The first primary plat shall indicate the implementation of the initial phase of the Overall Trail System in connection with secondary plat approval. (c) Subsequent Phases — An updated Overall Trail System Map shall be filed with each subsequent primary plat. The updated Overall Trail System Map shall indicate those portions of the trail system implemented in prior sections and updating the location and amenities associated with the trail which remains to be constructed. (4) Construction Standards for Sidewalks and Trails. (a) Sidewalks shall be constructed in compliance with the standards of the City of South Bend. (b) Trails may be constructed of concrete, asphalt or other material approved by the Area Plan Commission and installed in compliance with the requirements specified by the Area Plan Commission. (c) When a portion of the Overall Trail System coincides with the location of a sidewalk, the construction standards approved by the Area Plan Commission for trails shall apply. (d) Under circumstances considered appropriate by the Area Plan Commission or when approved for use as part of a Secondary Approval, an alternative trail may be proposed in lieu of sidewalks. Trails may be located in easements reserved for such use outside of the street right -of -way. Page 5 of 10 AmeriPlex at Interstate 80/90 Planned Unit Development Revised September 26, 2012 Revised January 29, 2014 March 9, 2005 (5) Minimum Percentage of Open Space. A minimum of fifteen (15 %) of each site within AmeriPlex shall be devoted to site landscaping or other forms of open space / pervious surface. C. Buffer Concept for Mayflower Road and Adams Road. The "Buffer Concept for Mayflower Road and Adams Road" creates an alternate residential bufferyard landscape standard applicable to all individual lots which front onto Mayflower Road and Adams Road when located across from residential uses and supersedes the perimeter yard landscaping requirements for such yards established by Section 21- 07.01: Landscape Regulations of the City of South Bend Zoning Ordinance. Attached hereto on Pages 9 -10 and incorporated herein by this reference for illustrative purposes is a depiction of the basic design elements of allowed "Buffer Concepts for Mayflower Road and Adams Road ". A final determination of the details for the "Buffer Concept for Mayflower Road and Adams Road" shall be determined in connection with Secondary Approval for the first development parcel across from residential uses which abuts Mayflower Road or Adams Road. The 'buffer concept standards may be more summarized as follows: (1) Minimum Width of the Trails, and Distance from the Right -of -Way: (a) minimum width of trail — 5 feet. (b) minimum distance of trail from road edge of pavement — 10 feet. (2) Recommended Plant Materials for Each Planting Zone: (a) Prairie Zone shall include native grasses including but not limited to: Big Bluestein; Indiangrass; Switchgrass; or Little Bluestein. (b) Succession of Growth Zone shall include: (i) Shrubs including but not limited to: Firethorn; Quince; Clethra; or Privet. (ii) Small to Medium size trees including but not limited to: Redbud; Dogwood; Maple; Lilac; or Hawthorn. (c) Evergreen Forest Zone shall include Medium to Large Evergreen trees including but not limited to: Spruce; Pine; or Juniper. (3) Typical Spacing Between Trees and Shrubs: (a) Street Trees: 20' - 50' o.c. (b) Ornamental Trees: 10'- 15' o.c. (c) Evergreen Trees: 10'— 15' o.c. (d) Shrubs: 3' - 5' o.c. Page 6 of 10 AmeriPlex at Interstate 80/90 Planned Unit Development Revised September 26, 2012 Revised January 29, 2014 March 9, 2005 (4) Minimum Caliper and Height at the Time of Planting: (a) Street Trees: 2" caliper (12' -14' height) (b) Ornamental Trees: 1 -1/2" caliper (10' -12' height) (c) Evergreen Trees: 6' height (d) Shrubs: 18" height (5) Minimum Widths of Each Planting Zone: (a) Prairie Zone: 15' (b) Succession of Growth Zone: 15' (c) Evergreen Forest Zone: 20' (6) Maintenance of Trees and Shrubs. The developer shall arrange for the commercial /industrial occupants of AmeriPlex to enter a collective agreement for the maintenance of the Mayflower Road and Adams Road Buffer Concept. 10. Administration. a. Parcel by Parcel Determination of Permitted Uses and Development Standards. (1) General — A series of permitted use groupings are identified for each Area of AmeriPlex. Some of those permitted use groupings identify more than one set of applicable development standards. At the time of filing for Secondary Approval for an individual parcel, as required by Section 21 -05 (c) (5) of the City of South Bend Zoning Ordinance, the applicant shall specify the permitted use grouping to be utilized for a given site and shall specify the applicable set of development standards. (2) 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. (3) 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 rezoning to an appropriate zoning classification. Page 7of10 AmeriPlex at Interstate 80/90 Planned Unit Development Revised September 26, 2012 Revised January 29, 2014 March 9, 2005 (4) 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 AmeriPlex. (5) Appeal of Executive Director Determination of Permitted Uses — In case of disagreement with the determination of the Executive Director in assigning a land use to an appropriate Area, any aggrieved party may file an appeal with the Board of Zoning Appeals. b. Alternate Development Standards. (1) Landscape, Lighting or Signs. In order to encourage innovative building and site designs capable of enhancing the quality of the AmeriPlex built environment, the entirety of any Area within AmeriPlex may propose alternate development standards for landscaping (including the 'Buffer Concept for Mayflower Road and Adams Road "), lighting or signs, subject to approval by 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 and shall provide an overall master plan approach for landscaping, lighting or sign for the affected Area of AmeriPlex and not be considered on a lot by lot basis. Lot by lot alterations to development standards shall be determined by the Area Board of Zoning Appeals. (3) Other Development Standards. The Area Plan Commission may authorize an alternate development standard applicable to a specific group of permitted uses in the entirety of any of Area for yards and building setbacks; use of minimum yards and residential bufferyards; maximum building height; maximum gross floor area; parking; loading; outdoor operations; or, architecture, provided such alternate development standard is applicable throughout an entire Area and not applicable only to an individual lot. Lot by lot alternate development standards shall be determined by the Area Board of Zoning Appeals. Page 8 of 10 AmeriPlex at Interstate 80/90 Planned Unit Development Revised September 26, 2012 Revised January 29, 2014 March 9, 2005 Land PORTAGE PRAIRIE - 100i�S6 ... ,.�. „n „�...,.,..,�„n,.,._.,...m BUFFER CONCEPTS FOR MAYFLOWER AND ADAMS ROAD CONCEPT I SOUTH BEND (STJOSEPH COUNTY), INDIANA Land PORTAGE PRAIRIE -- --- --- x BUFFER CONCEPTS FOR MAYFLOWER AND ADAMS ROAD CONCEPT 2 SOUTH BEND (ST.JOSEPH COUNTY), INDIANA Page 9 of 10 AmeriPlex at Interstate 80/90 Planned Unit Development Revised September 26, 2012 Revised January 29, 2014 March 9, 2005 Land PORTAGE PRAIRIE BUFFER CONCEPTS FOR MAYFLOWER AND ADAMS ROAD CONCEPT 3 SOUTH BEND (ST.JOSEPH COUNTY), INDIANA Land PORTAGE PRAIRIE BUFFER CONCEPTS FOR MAYFLOWER AND ADAMS ROAD CONCEPT 4 SOUTH BEND (ST.JOSEPH COUNTY), INDIANA Page 10 of 10 EXHIBIT A ORDINANCE NO. � � l ` D.S- AN?•ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN PROPERTY LOCATED AT 23464 ADAMS ROAD, 24222 ADAMS ROAD AND ADJACENT PROPERTY, COUNCILMANIC DISTRICT NO. 1, GERMAN TOWNSHIP CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation of 274.9 acres and for the zoning of 237.8 acres located in German Township, St. Joseph County, Indiana, has been filed by one hundred percent (100 %) of the owners of the land in the territory sought to be annexed and zoned. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one -eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A PART OF THE NORTH HALF OF SECTION 17 AND SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST AND A PART OF FRACTIONAL SECTION 7 AND FRACTIONAL SECTION 8, TOWNSHIP 38 NORTH, RANGE 2 EAST, ALL IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIlVNING AT THE SOUTHWEST CORNER OF LOT 12 IN CHEROKEE GARDENS SUBDIVISION RECORDED IN PLAT BOOK 16, PAGE C -2, IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY; THENCE SOUTH 0 DEGREES .14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 1370.15 FEET TO THE SOUTHWEST CORNER OF LOT 3 IN CHURCH'S MINOR SUBDIVISION, RECORDED UNDER INSTRUMENT NUMBER 0038244 IN SAID OFFICE OF RECORDER; THENCE NORTH 89 DEGREES 50 MINUTES 53 SECONDS WEST ALONG THE SOUTH LINE OF SAID CHURCH'S MINOR SUBDIVISION, PROJECTED, A DISTANCE OF 20.00 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH SAID EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 531.84 FEET TO A PONT ON THE NORTH LINE OF J. LIGHTNER MINOR SUBDIVISION, RECORDED UNDER INSTRUMENT NUMBER 9620477; THENCE SOUTH 89 DEGREES 52 MINUTES 17 SECONDS EAST ALONG THE NORTH LINE OF SAID J. LIGHTNER MINOR SUBDIVISION, A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF LOT 1 N SAID J. LIGHTNER MINOR SUBDIVISION; THENCE SOUTH 0 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 133.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1 N J. LIGHTNER MINOR SUBDIVISION; THENCE NORTH 89 DEGREES 52 MINUTES 17 SECONDS WEST ALONG THE SOUTH LINE OF SAID J. LIGHTNER MINOR SUBDIVISION, A DISTANCE OF 20.00 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 665.38 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER, PROJECTED; THENCE NORTH 89 DEGREES 57 MINUTES 13 SECONDS WEST ALONG THE SOUTH LNE OF SAID NORTHWEST QUARTER, A DISTANCE OF 2624.21 FEET TO THE SOUTHWEST CORNER OF SAID, NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 53 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 1550.70 FEET TO THE WESTERLY RIGHT OF WAY LINE OF THE ST. JOSEPH VALLEY PARKWAY; THENCE NORTH 24 DEGREES 26 MINUTES 22 SECONDS EAST ALONG SAID WESTERLY RIGHT -OF -WAY LNE, A DISTANCE OF 28.99 FEET; THENCE NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST ALONG SAID WESTERLY RIGHT -OF -WAY LINE AND THE EAST BOUNDARY OF ROLLING OAKS COUNTRY ESTATES, SECTION FIVE AS RECORDED UNDER INSTRUMENT NUMBER 8020539 N THE OFFICE OF SAID RECORDER, A DISTANCE OF 725.74 FEET; THENCE NORTH 00 DEGREES 06 MINUTES 46 SECONDS EAST CONTINUING ALONG SAID EAST BOUNDARY, A DISTANCE OF 86.13 FEET TO THE SOUTHEAST CORNER OF LOT 1 N ROLLING OAKS COUNTRY ESTATE MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 9505754 N THE OFFICE OF SAID RECORDER; THENCE CONTINUING NORTH 00 DEGREES 06 MINUTES 46 SECONDS EAST, A DISTANCE OF 526.46 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, LYING ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE NORTH 89 DEGREES 53 MINUTES 14 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 854.23 FEET TO THE SOUTHEAST CORNER OF LOT 4 N KERTES` MINOR SUBDIVISION AS RECORDED N PLAT BOOK 23, PAGE K -4 N THE OFFICE OF SAID RECORDER; THENCE NORTH 00 DEGREES 00 MINUTES 57 SECONDS EAST ALONG THE EAST BOUNDARY OF SAID KERTES' MNOR SUBDIVISION AND THE EAST BOUNDARY OF A PARCEL DESCRIBED UNDER A WARRANTY DEED AS RECORDED IN BOOK 637 PAGE 434 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 1351.13 FEET TO THE NORTH RIGHT -OF -WAY LINE OF ADAMS ROAD; THENCE SOUTH 89 DEGREES 52 MINUTES 58 SECONDS EAST ALONG SAID NORTH RIGHT -OF -WAY LINE AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 639.23 FEET TO A POINT ON A RIGHT -OF -WAY TAKING FOR THE ST. JOSEPH VALLEY PARKWAY; THENCE THE NEXT 3 CALLS ALL ALONG SAID RIGHT -OF -WAY TAKE: 1} NORTH 83 DEGREES 34 MINUTES 45 SECONDS EAST, A DISTANCE OF 873.21 FEET, 2) SOUTH 87 DEGREES 55 MINUTES 00 SECONDS EAST, A DISTANCE OF 336.27 FEET, 3) SOUTH 84 DEGREES 29 MINUTES 13 SECONDS EAST, A DISTANCE OF 930.73 FEET TO THE NORTH RIGHT -OF -WAY LINE OF ADAMS ROAD; THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 190.73 FEET; THENCE NORTH 0 DEGREES 04 MINUTES 57 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE SOUTHWEST CORNER OF LOT I TN CHEROKEE GARDENS SUBDIVISION, RECORDED IN PLAT BOOK 16, PAGE C -2, IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY; THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST ALONG THE SOUTH LINE OF SAID CHEROKEE GARDENS SUBDIVISION EXTENDED, AND PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1844.50 FEET TO THE POINT OF BEGINNING; SUBJECT TO ALL EASEMENTS, RESTRICTIONS, COVENANTS, AND RIGHT OF WAY OF RECORD. SECTION 11. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. 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 effective immediately following the annexation of the above described real estate, in order that the zoning classification of the above described real estate, with the exception of all adjacent rights-of-way, is hereby established as a Planned Unit Development District in the City of South Bend, St. Joseph County, State of Indiana; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been filly satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. 2 t Member of the Common Coun `il Attest: City Cl Presented by me to the Mayor of the City of South Send, Indiana on the E O- day of n�j 2005, at 'Clock__ _. M. Ci. Jerk 1% 3t3o Approved and signed by me on the /0 day of , 2005, atto'clock .In. (Code §2-9(v)(9) 1st READING Z—'% S PUBLIC HEARING 3rd READING NOT APPROVED REFERRED A "P- L PASSED (_.j" Mayor, City 0 th end, Indiana Filed In Clerk's OffIC0 FEB 2005 011"5' ClFHK, SE3 FEND, EK. EXHIBIT B AREA C - SOUTHEAST QUADRANT SIGNAGE REQUIREMENTS September 26, 2012 Revised October 20, 2015 AwRIPLEX AT INTERSTATE M90 Area C — Southeast Quadrant: Industrial, Commercial / Hotel, Office / Flex Goals: 1. Create a sign plan that incorporate the needs and goals of the developer, the occupants, businesses and tenants within the development, the City of South Bend and St Joseph County and compliment the neighboring developments within the Airport Economic Development. 2. Ensure continuity and maintain aesthetic integrity of the overall development by establishing sign restrictions, rules and guidelines for use, construction and visual appeal. 3. Provide the developer, occupants or businesses that will develop and operate within the development and the City /County to have a common set of sign guidelines that will help streamline the process of permits and reduce the instances of variance appeals. Sign Types: - Main Identification Highway Signs (MHS) - Secondary Monument Signs for Name of Development (SMS) - Monument Signs for Each Building (MS) - Building Signs for Each Tenant or Occupant (TS) - Directional, Wayfinding & Traffic Signs (DS) - Outdoor Display Area Signs (ODS) Main ID Highway Signs (MHS): The AmeriPlex development will have two highway oriented signs fronting the north and south ends along the US 31 Highway. The proposed signs will be similar to height standards for CB zoned districts with a maximum height not to exceed 50 feet overall height. The setback needs to be close to the highway and property line; therefore, the signs shall be set five (5) feet from the property line. At this setback, the sign will be approximately 75 feet or more from the highway. The proposed signs shall contain the AmeriPlex at Interstate 80/90 development name. The signs will contain decorative features that will be used throughout the development including the stained glass element and prairie style fabricated structural steel supports. Page 1 of 4 AREA C — SOUTHEAST QUADRANT SIGNAGE REQUIREMENTS The signs will also contain masonry in the bases. These signs will be internally illuminated and will have landscape around them. Secondary MID Development Signs (SMS): There are places of entry into the development where secondary signs could be placed that would contain the same information as the MHS but much smaller. They would simply compliment the highway signs and serve as reference points for those coming to the development to know where the access and exit points are located. There may be up to four of these signs all internally illuminated with each sign being between 10' to 20' over all height depending on each sign's specific location and environment. Monument Signs (MS): Every building within with development will have a monument sign with either the name of the building occupant if a single user, or the name of the building if a multi- tenant use. These signs would be freestanding and double sided and would be constructed to compliment the SMS using similar materials and colors and design features. Each sign would be 8' to 12' in length and 6' to 8' in height. The signs will be illuminated internally or with spotlights in the landscape area around them. For a lot with no street frontage, a monument sign may be located in a signage easement on an adjacent parcel with no minimum separation requirements from adjacent monument signs. Tenant/Building Signs (TS): Building signs will have a consistent look that is controlled by the developer. Building signs mounted on the front fagade of the building shall not exceed 10% of the total building fagade, and building signs mounted on the rear or side facades of a building shall not exceed 5% of the total building fagade. All signs on each building will be consistent in style of construction, materials and colors to be determined by the developer. All signs will affix the same way on each building and will incorporate the same mounting method to be determined by the AmeriPlex Architectural Committee (AAC) No raceways or box signs or projecting signs allowed and no signs shall extend beyond the roofline. The signs will be illuminated using external sources of light; spotlights, building mounted lights, etc. All building sign designs must be submitted to the developer for approval prior to installation. All signs must have concealed fasteners or exposed used stainless or non - corrosive materials. All penetrations of the building structure shall be neatly sealed and watertight. Page 2 of 4 AREA C — SOUTHEAST QUADRANT SIGNAGE REQUIREMENTS Color and finish of attachments and sealants must match the adjacent exterior finishes and are subject to the approval of the AAC. Way Finding, Directional and Traffic Signs (DS): Throughout the development there will be standard traffic signs as well as specific directional and way finding signs at intersections, to designate street names and to convey driving instructions including the option to place enter and exit signs at access points to specific buildings. All signs will be metal and no larger than 8 square feet for access point signs and shall be installed at standard heights that meet driving and traffic safety regulations. The signs will be non - illuminated with reflective vinyl graphics. Outdoor Display Area Signs (ODS): - Outdoor Display Area Signs will be limited to banner signs - Banners must be mounted to the light poles with upper /lower horizontal supports - Banners shall not exceed three feet in width by eight feet in height (3 ft. x 8 ft.) - All banners shall be of the same dimensions, shall be oriented on the side of the light pole facing toward the outdoor display area, and shall be placed at the same relative location on all light poles. - No light pole to contain more than one (1) banner sign - Outdoor display area banner signs may announce the name of the development Misc. Signs: Each tenant will be required to have a small plaque style identification sign next to the back door of the building. These signs will all be the same look, color, style, materials, size and construction using an aluminum frame with aluminum insert panel. The signs will be 16 "x24" in size. Window vinyl will be allowed on the glass doors of the main entrance to each business. Awnings: - Blend with architecture - Accent building, not to be dominant features - Metal construction with fabric, metal or polycarbonate - 10% of area can be used for graphic, logo or information - 1 primary color with up to 2 accent colors - non - internally illuminated (can illuminate them externally) Signs not permitted: No neon signs other than neon used in individual channel letters for retail and commercial buildings. No exposed neon for signs, letters or accent lighting. No portable signs. Page 3 of 4 AREA C — SOUTHEAST QUADRANT SIGNAGE REQUIREMENTS - No manual changeable letter signs other than for a theater and in this case only opaque backgrounds where only the letters light up at night. - No painted signs directly applied to flat building surfaces. - No sign company logos, decals or information on signs. Additional: - UL or product labels to be placed on top of sign components. - Disconnect switches must be on signs that are illuminated. Page 4 of 4 EXHIBIT C AREA C — SOUTHEAST QUADRANT LANDSCAPE REQUIREMENTS September 26, 2012 A,.'-' Rifta Revised October 20, 2015 AT INTERSTATE 80190 Area C — Southeast Quadrant: Industrial, Commercial / Hotel, Office / Flex Introduction: Landscape planting is required for all building sites in the AmeriPlex Development. Landscape areas will be defined as all improved or disturbed areas that do not have pavement and or structures present. Plantings shall be informal at the site perimeter, and may become more formal closer to the buildings and parking areas. Each individual site development shall be subject to the following landscape requirements: A. General Landscape Requirements 1) Planting areas including lawn shall have a minimum of 6" planting soil (1/3 top soil, 1/3 subsoil, and 1/3 peat). 2) Landscape beds shall have a minimum of 3" shredded bark mulch. 3) Landscape beds shall have a clearly defined edge by either natural or steel edging. 4) A time release fertilizer pack and a pre- emergent herbicide shall be used in all beds at time of installation. 5) Upon written request by an applicant, AmeriPlex shall have the authority to approve an alternate landscape plan provided that the total amount of plant materials remains proportional to the base requirements below. B. Roadside Landscape Easement Planting Requirements Where a site development fronts a road, such development shall be required to install and maintain street trees and landscape beds within the Landscape Easement and adjacent to the road. To help provide consistency from one site to another, the following requirements have been established. 1) One deciduous shade tree shall be planted adjacent to the road every 40' on center where applicable. Trees shall be located within the public right of way subject to the approval of the City of South Bend Engineering Department. Trees shall be planted no closer than 5' to the back of curb. Page 1 of 6 AREA C — SOUTHEAST QUADRANT LANDSCAPE REQUIREMENTS 2) In addition to shade trees, three landscape beds shall be installed per every 750 lineal feet of road frontage. Landscape beds shall adhere to the following guidelines: a. Landscape beds shall be spaced evenly across the road frontage b. Landscape beds shall maintain a minimum of 850 square foot area and a maximum of 1,650 square foot area c. Landscape beds shall provide a minimum of 36 square feet per each tree and every two shrubs or ornamental grasses d. Planting shall consist of a combination of perennials, shrubs, evergreen trees, and under -story trees e. Plantings shall consist of a minimum of two trees and maximum of three trees per landscape bed f. Plantings shall consist of a maximum of two evergreen trees per landscape bed g. Trees within the same bed shall have varying sizes at time of installation C. Vehicular Entry Drive Planting Requirements If there is no Roadside Easement Landscape Bed located within five feet to where a vehicular drive enters a site development, such development shall be required to install and maintain landscape beds at a minimum of one side of the entry drive. Entry drive plantings shall adhere to the following guidelines: 1) Landscape beds shall maintain a minimum of 300 square feet area 2) Plantings shall consist of a combination of perennials and low lying evergreen shrubs 3) Perennial plantings shall cover a minimum of 60% and low lying evergreen shrubs shall cover a maximum of 40% of the bed area D. Off - Street Parking Lot Planting Requirements In parking lot areas, the installation and maintenance of adjacent landscape beds and trees within parking lot islands shall be required. Parking lot planting areas shall adhere to the following guidelines: 1) Parking Lot Islands a. One interior landscape island for every 15 parking spaces b. Each required interior landscape island shall contain a minimum of one shade tree or one under -story tree. Page 2 of 6 AREA C — SOUTHEAST QUADRANT LANDSCAPE REQUIREMENTS 2) In addition to parking lot islands, landscape beds shall be installed adjacent to parking areas fronting a public right -of -way or private road. a. A minimum of 1,000 square feet and a maximum of 1,600 square feet of planting area shall be installed per every 250 lineal feet of parking frontage. b. One landscape bed may be planted continuously along the length of the parking lot or multiple beds may be massed as long as beds are distributed along the length of the parking frontage. c. Plantings shall consist of a combination of ground cover, perennials, and shrubs. d. Planting trees within the landscape beds is allowed but not required. E. Foundation Yard Planting Requirements Building foundations that front a public right -of -way or private road shall be required to install and maintain foundation yard landscape beds. Foundation yard landscape beds shall adhere to the following guidelines: 1) The following ratio should be used when calculating the minimum area of foundation yard landscape beds: 3 square feet of planting area per I/2 the total lineal footage facade length For example: a building facade that has a length of 200 lineal feet would be required to install a minimum planting area of 300 square feet along that side of the building. Calculation: 100 (1/2 the total lineal feet facade) x 3 = 300 square feet. 2) Landscape beds need not be uniform in shape or contiguous to length of the building. They can be massed at focal points of the building, such as storefront areas, etc., as long as the required amount of square footage is landscaped. 3) Plantings shall consist of ground cover, perennials, shrubs, trees, or a combination. F. Perimeter Yard Planting Requirements 1) All site developments shall be required to install and maintain front and side yard tree plantings and shall adhere to the following guidelines: a. A minimum of one shade tree for every 60' of applicable lot line or 1 under -story tree for every 50' of applicable lot line. Page 3 of 6 AREA C — SOUTHEAST QUADRANT LANDSCAPE REQUIREMENTS b. Such trees may be evenly spaced or grouped together, provided however, in no case shall spacing between trees exceed 90' for shade trees and 75' for under -story trees. c. Front yard perimeter planting will not be required if the distance between the edge of the front yard parking and the right of way is less than or equal to 100'. d. Perimeter yard planting is not required for sections of front yards that face the rear of an existing building. e. Perimeter yard planting is not required for side yards where the adjacent side yard has existing perimeter plantings, or where existing trees are located that are at a minimum equivalent to the requirements of this section. 2) Perimeter yard planting is not required for rear yards. G. Lawn Planting Requirements All site developments shall be required to install and maintain grass turf in areas improved/disturbed during construction. Lawn planting shall consist of sod or hydroseed and shall be installed with a blend of 68% perennial rye and 32% Kentucky Blue. For disturbed areas located behind proposed buildings, ground cover, stone, or mulch is acceptable in lieu of sod or hydroseed. H. Annual Flowers Although not required, site developments are encouraged to incorporate annual flowers/bulbs into their individual landscape plans for spring and early summer color. I. Irrigation All site developments shall be required to provide irrigation for permanent turf and planting bed areas. The irrigation system shall be a fully automatic system and use water that will not cause rust staining on pavement or buildings. At a minimum, 100% coverage shall be provided for all plantings between the front building fagade and concrete curb of the street. Page 4 of 6 AREA C — SOUTHEAST QUADRANT LANDSCAPE REQUIREMENTS J. Roadside Landscape Easement Installation & Maintenance Where a site development fronts a road or uses an access easement along a road, such development shall be responsible for maintaining grass turf, landscaping beds, trees, and irrigation system for landscape easements located immediately adjacent to streets and interior roads within the site development's boundary. Individual site development shall repair /restore grass turf, landscaping beds, trees, and irrigation system to their original, if not better condition, in the event these areas are disturbed or damaged during construction activities relating to the individual site development. Individual parcels are also responsible for planting requirements listed in Section B. K. Required Soil Erosion Measures During Construction During construction, all site developments shall install and maintain soil erosion measures in accordance with the latest City of South Bend MS4 Requirements, State of Indiana "Rule 5 ", and the Indiana Stormwater Quality Manual in order to prevent sediment from washing onto adjacent properties and into public /private drainage systems. Soil erosion measures generally include, but are not limited to, construction access to one or two access points constructed of a temporary aggregate ingress /egress pad, silt fencing, inlet protection, and temporary seeding. L. Plant Material Size and Spacing at Time of Installation All required plant material shall comply with the following minimum plant material size and spacing at time of installation: MINIMUM PLANT MATERIAL SIZE AND SPACING AT TIME OF INSTALLATION Plant Category Minimum Size Spacing Shade Tree 2 1/2" CAL* Under -Story Tree Ornamental 6' HT and 1 %2" CAL* Evergreen Tree 6' HT Shrubs 24" HT 24" - 48" O.C. Perennials I GAL Ground Cover Cell or Plug • Caliper shall be measured at 6" above the ground • Height shall be measured from the top of root ball or container Page 5 of 6 AREA C — SOUTHEAST QUADRANT LANDSCAPE REQUIREMENTS M. Approved Plant Material List All plant material shall be selected from the following approved list. 1) Evergreen Trees a. Colorado Spruce d. Pine b. Douglas Fir e. Eastern Hemlock c. Norway Spruce f Arborvitae 2) Under -Story Trees (Ornamental) a. Serviceberry e. Ivory Silk Tree Lilac b. River Birch f. Red Bud c. Dogwood g. Sunburst Locust d. Hawthorn h. Fringetree 3) Shade Trees a. Green Mountain Sugar Maple f. Hackberry b. Swamp White Oak g. American Basswood c. Skyline Honeylocust h. American Planetree d. Red Sunset Maple i. Black Gum e. Kentucky Coffeetree 4) Shrubs a. Nearly Wild Rose g. Gold Tip Juniper b. Knockout Rose h. Andorra Juniper c. Annabelle Hydrangea i. Compact Pfitzer Juniper d. Limelight Hydrangea j. Old Gold Juniper e. Viburnum k. Clethra f. Dogwood 1. Chokeberry 5) Perennials a. Scabiosa Butterfly Blue 1. Lavender b. Lady's Mantle m. Purple Gayfeather c. Catmint Blue Wonder n. Hamelin Fountain Grass d. Catmint Walkers Low o. Big Bluestem e. Hosta p. Little Bluestem f. Coreopsis q. Switch Grass g. Purple Cone Flower r. Indiangrass h. Salvia May Knight s. Evergold Sedge i. Shasta Daisy t. Elijah Blue j. Russian Sage u. Feather Reed k. Black -Eyed Susan 6) Ground Covers a. Lilyturf d. Dragon's Blood Sedum b. Sedum Tekaridake e. Coralbells c. Bowles Myrtle f. Bearberry Page 6 of 6 EXHIBIT D AREA C — SOUTHEAST QUADRANT OUTDOOR STORAGE REQUIREMENTS January 29, 2014 AwRIFLEX AT INTERSTATE 80190 Area C — Southeast Quadrant: Industrial, Commercial / Hotel, Office / Flex Introduction: Outdoor storage may be allowed for building sites within the AmeriPlex Development providing each individual site's layout and location of outdoor storage meets the following requirements and is reviewed and approved by the AmeriPlex Architectural Committee (AAC). The following requirements shall supersede the City of South Bend Zoning Ordinance. A. Outdoor Storage Requirements 1) Outdoor storage items may include tractor trailer parking, dolly parking with stacked goods, associated semi and towing vehicles, and any other vehicles integral to the distribution of goods. 2) The amount of outdoor storage may exceed the gross area of the building. There is no maximum amount; however, all final amounts shall be reviewed and approved by the AAC. 3) Outdoor storage shall be located within a defined storage area and comply with the following. a. shall not be located within a minimum front yard or side yard. b. shall be at least 75 feet from the right -of -way of Dylan Drive. c. may be located closer to the street than the established front building line. 4) Screening of outdoor storage located adjacent to limited access highways shall be reviewed and determined by the AAC for each site development. 5) Height of items specifically listed in A(1) may exceed the height of the fence. 6) Fencing and screening shall be in accordance with the "LI" Light Industrial District of the City of South Bend Zoning Ordinance. B. Construction Standards 1) Outdoor storage shall be constructed in accordance with the standards of the City of South Bend. 2) Surface of outdoor storage may be constructed of a durable dust -free concrete or asphalt and meet or exceed the minimum specifications of the City of South Bend.