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HomeMy WebLinkAboutZoning - 1708 High Street • ORDINANCE No. 8690-96 Passed by the Common Council of the City of South Bend, Indiana. July 8, 19 96 Attest: ( t _ _ �L e ; City Clerk LORETTA 4 . DUD" Attest: 414 �. —/ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— July 9, 96 19 City Clerk LORETTA J. DUD Approved and signed by me /a, 19 0 , Mayor • ORDINANCE NO. g4q0- % AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1708 HIGH STREET IN THE CITY OF SOUTH BEND, INDIANA. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. Ordinance No 4990-68, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same is hereby 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: That part of the Southeast quarter of Section 13, T. 37 N., R. 2 E., City of South Bend, Portage Township, St. Joseph County, Indiana being described as: Beginning at the intersection of the South line of Dubail Avenue with the East line of High Street, said point of beginning being also called 70 ft., South and 131 Ft., East of the Southwest corner of Lot #56 as shown on the Recorded Plat of"Oak Park Addition to the City of South Bend"; thence N. 90°-00'-00" E. (an assumed bearing), along the South line of Dubail Avenue, 159.78 ft. (160.00 ft., Record); S. 01°-16'-54" W., 320.25 ft. to the North line of Dayton Street; thence along the North line of Dayton Street, S. 89°-48'-30" W., 159.84 ft. (160.00 ft., Record) to the East line of High Street; thence along the East line of High Street N. 01°-17'-25" E., 320.79 ft. (321.00 ft., Record) to the point of beginning. Also lots numbered 87 and 88, along with the vacated 14 foot alley lying adjacent to and west of said Lot Number 88 as shown on the Recorded Plat of, "The Second Plat of Oak Park", as recorded in the Recorder's Office of St. Joseph County, Indiana. be and the same is hereby established as "B" Residential and "A" Height and Area District or alternatively P/HC Professional/Health Care District if that District is in existence at the time this Ordinance is adopted. SECTION II. 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. ember, South Bend Common C ncil SBDS02 BRB 88528-4/12/96 COMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 17-96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1708 HIGH STREET, IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion this bill has been recommended to the Council favorably as amended by substitution. Cleo Washington Chairman Date Filed: Application No. / Date received by the Area Plan Commission PETITION TO REZONE I, the undersigned, as attorney for Memorial Health System, Inc., hereby makes application and petition the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1708 High Street South Bend, Indiana 46613 2) The name and Address of the Property owner is: Memorial Health System, Inc. 707 North Michigan Street Suite 100 South Bend, Indiana 46601 (219) 284-3677 3) It is desired and requested that the Property be rezoned: (a) All of the Property except that portion described in Paragraph 3 (b)from "B" Residential District, "A" Height& Area to "B" Residential District, "A" Height & Area (b) That portion of the Property which is Lots numbered 87 and 88 along with the vacated 14 foot alley lying adjacent to and west of said Lot number 88 as shown on the Recorded Plat of the Second Plat of Oak Park, as recorded in the Recorder's Office of St. Joseph County, Indiana, from "A" Residential District, "A" Height & Area to "B" Residential District, "A" Height& Area. 4) As an alternative to paragraph 3) above, in the event an ordinance amending the City of South Bend Municipal Code adding a new "P/HC" Professional/Health Care District and eliminating private medical clinics from the zoning classification "B" Residential District is adopted by the South Bend City Council prior to the date upon which the rezoning requested in this Petition is granted, your petitioner requests that the Property be rezoned "P/HC" Professional/Health Care District. The reason this alternative is placed in this Petition is that in the event the rezoning requested in this Petition is not granted until after the ordinance amending "B" Residential District to eliminate medical office clinics as a permitted use and adopting the new "P/HC" Professional/Health Care District category, this Petition could not be granted since the classification "B" Residential District would at that time no longer permit use of the Property as a medical office clinic. There is no reliable way to tell at this time whether the ordinance amendment will occur before this Petition is heard by the Common Council of the City of South Bend. For that reason,your petitioner is requesting rezoning in the alternative so that if the Common Council of the City of South Bend grants this Petition, the Property will be placed in a zoning district which will permit the Property to be used as a medical office clinic. 5) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners within 300 feet of the petitioned Property (c) six (6) site plans; and addressed, stamped envelopes for all property owners within 300 feet of the subject property. 6) By signing this Petition, I and any contingent purchaser understand that if the Council approves this petition to rezone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to the Area Plan Commission within one(1)year of the Council's action. Failure to submit a final site plan within that time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Time extensions on the submi of the final site plan may be requested. Bruce R. Bancroft, Legal Counsel for Memorial Health System, Inc. 707 North Michigan Street Suite 100 Qnnth Rand Indiana 4M(11