07-23-12 Council Agenda & Packet

Home Browse Search

ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE RIGHT-OF-WAY WEST OF 1441 NORTH MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT WHEREAS, BROTHERS OF HOLY CROSS, INC.; an Indiana non-profit corporation ("BHC") owns a strip of properly (the "Strip") generally extending north-south, situated directly between and abutting property owned by the Diocese of Fort Wayne-South Bend, Inc. (the "Diocese") located (a) to the East of the Strip consisting of a 5.62 acre parcel of land (together with improvements) located on the Northwest corner of State Route 933 and Angela Boulevard in South Bend, which has served as the primary site of Saint Joseph's High School (the "School Site"), and (b) located to the West of the Strip consisting of approximately 14 acres of land, historically used as athletic fields and parking areas in connection with the School Site ("Parking and Fields"). WHERAS, the portion of the Strip located with the corporate limits of the City of South Bend (the "Subject Property") as well as the remainder of the Strip has historically been used, subject to terms of an easement agreement, for ingress/egress and for parking serving the School Site, Parking and Fields and property owned by BHC to the north of the Strip. WHEREAS, the Subject Property is currently zoned in the SF-2: Single Family and Two Family District. WHEREAS, in connection with completing construction of a new high school building and grounds for the relocation of the Saint Joseph High School in the City of South Bend, the Diocese is transferring (a) the School Site to University of Notre Dame du Lac, an Indiana non-profit corporation("Notre Dame"), and (b) the Parking and Fields to Holy Cross College, Inc., an Indiana non-profit corporation ("Holy Cross"). WHEREAS, BHC, as owner the Subject Property desires that the Subject Property be rezoned to the "U" University zoning district . which supports the development, expansion and modernization of college or university campuses, in which a diversity of uses, functions and facilities are necessary, including permitting the Subject Property to continue to be used for ingress/egress and parking purposes in an integrated manner serving all contiguous parcels. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is 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 parcels of real estate in the City of South Bend, St. Joseph County, State of.Indiana: