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Home My WebLink AboutRezoning 1620 and 1621 Circle Avenue and 1528 Liston StreetORDINANCE No. 9244-01 Passed by the Common Council of the City of South Bend, Indiana August 27, Attest: Attest: 20 01 Presented by me to the Mayor of the City of South Bend, Indiana Aug ,~ t 2f~, 20 01 City Clerk President of Common Council City Clerk Approved and signed by one August 29, 2001 Mayor oRDINANCE No.. ~ 2`~ `~ - 01~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1620 AND 1621 CIRCLE AVENUE AND 1528 LISTON 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 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 Northeast Quarter of Section 10, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the Northwest corner of Lot 8 as shown on the unrecorded plat of Alfred Brothers Subdivision; thence West along the South right-of- way line of Liston Street 6.25 feet to the centerline of the first North-South alley, lying east of circle Avenue; thence South along said centerline, a distance of 206.25 feet to the North right-of--way line of Washington Street; thence West along said North right-of--way line, a distance of 74.25 feet to the Easterly right-of--way Line of Circle Avenue; thence Northwesterly along anon-tangent curve to the left having an arc distance of 191.08 feet; thence north along said Easterly right-of--way line 34.00 feet to said South right-of--way line of Liston Street; thence East along said South right-of--way line, a distance of 149.25' feet to the centerline of said North-South alley to the place of beginning. Said description identifies parcels having Tax Key No. 18-2002-0014, 18-2002-0015 and 18-2002-0016. be and the same is hereby established as C - Commercial, A Height and Area District. 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. Member of the Common Council `' 1 Sf RFADIf~G _ b-t ~ -6 ~ PUBLIC HEARING-LZ-01 ~ S subS~~~ .3rd READING $~Z~-0~ QS fc,c~pS-~-~~Q:~ NOT APPROVED REFERRED A •~ • ~~~-~~ . PASSED g'_Z,~-0~ 0.5 Su~~}'L~~-f1 filed i~ Ci~~Et'~ ~f~6~~ LOFI;~T7A J. BUDA CITY CLEF1~, 0. El'~13D, !'J, COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 49-01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1620 & 1621 CIRCLE AND 1528 LISTON IN THE 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 as substituted by title as follows: 49-01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1620 & 1621 CIRCLE AVENUE AND 1528 LISTON STREET IN THE CITY OF SOUTH BEND, INDIANA Andrew Udjak Chairman ~. Date Filed: Application No. APC #2083-O1 Date received by the Area Plan Commission: I the undersigned make application to 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: A. 1528 Liston Street, South Bend, Indiana 46628. B. 1620 Circle Avenue, South Bend, Indiana 4662 C. 1621 Circle Avenue, South Bend, Indiana 46628. 2.) Name and address of property owner(s) of the petition site: B. Sean Pierre Trotter 2305 Kenwood Avenue South Bend, Indiana 46628 Tele (219 287-8993 3.) Name and address of contingent purchaser(s), if applicable: None. 4.) It is desired and requested that this property be rezoned from "A" Residential, a Height and Area to "C" Commercial, a Height and Area 5.) This rezoning is requested to allow the following use(s): Renovating and addition to Frankie Barbeque Restaurant. 6.) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (c) six (6) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7.) 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 and approved by the Area Plan Commission within one (1) yeaz of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one (1) yeaz following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to rPVPrt to the 'nitial o ing class fication. Under certain conditions, a time extension on the submittal of the final site plan may be requested. ~~~~ Sean Pierre Trotter PETITION PREPARED BY: Sean Pierre Trotter 2305 Kenwood Avenue South Bend, IN 46628 Tele (219) 287-8993 Mail to: Mr. Sean Trotter P.O. Box 3525 South Bend, IN 46619-0525 ~Q~1r ~II;I`~ ~ ~'1M1~~ ~o~~e~ ~: oco~ 2 cmr ca.~.~r.:'~a. a~t~o, spa. EXHIBIT A Legal description of the properties 1. 50 x 60 FT AD J ON LISTON ST BROTHERS ADD TAX LOTS &ADJ PROP & W %z VAC ALLEY E &ADJ. Commonly known as 1528 Liston, South Bend, IN 46628. 2. 50 x 52' ADJ CIRCLE AVE BROTHERS ADD TAX LOTS &ADJ PRO. Commonly known as 1620 Circle, South Bend, Indiana 46625. 3. TRACT W & ADJ BROS ADD TAX LOTS & W %2 VAC ALLEY E &ADJ ADJ PROP. Commonly known as 1621 Circle, South Bend, Indiana 46628. Filed do Clerk's ~ffiC~ Jl1~~~ 0 S 2001 LOR€?TTA J. DUOS CITY CLBRtt~ S0. ~EISD. {A!. EXHIBIT B List of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition properties. 18 2002 001701 18 2001 000903 18 2001 0006 Harwich Iron Company, Inc. PO Box 3225 South Bend, IN 46619 18 2001 0002 18 2001 0005 Adams Engineering, Inc. 1702 West Washington Ave. South Bend, IN 46628 18 2004 0040 18 2004 0040 18 2004 0039 City of South Bend 13`'' Floor County City Bldg South Bend, IN 46601 18 2002 0017 Urbanski George & Jeanette 123 8 N. Johnson South Bend, IN 46628 18 3077 3073 New Testament Baptist Church of 1502 West Washington Avenue South Bend, IN 46601 18 2002 0016 18 2002 0014 1812002 0015 18 2002 0021 Sean Pierre Trotter 125 North Olive Street South Bend, IN 46619 F1~E~ X97 C~~'fk'S ®~fIC~ LOF187TA J. DUDS CITYCLERlC, SO. F1Et3D, {1d. 18 2002 0023 Saint Matthews Church of God 1709 Kessler Blvd South Bend, IN 46616 18 2002 0020 Sam & Clara Winston 1252 E. Corby Blvd South Bend, IN 46617 18 1048 2055 18 1048 2056 18 1048 2057 18 1048 2058 18 1048 2059 St Augustines Church 1501 West Washington Street South Bend, IN 46628 18 2002 0018 18 2002 0019 Felecia Trotter 1524 Liston Street South Bend, IN 46617 18 1048 2050 18 1048 2052 18 1048 2053 18 1048 2054 Pilgrim Baptist Church of SB, Inc. 116 North Birdsell South Bend, IN 46628 18 2005 0052 18 2005 0053 18 2005 0048 18 2005 0046 18 2005 0049 Greater St. John Missionary Baptist Church 101 N. Adams Street South Bend, IN 46628 FI~C~ ~Il (;OCC~t~S ®~fiC@ .1~1~? 0 ~ ~OQ~ LOA~7'rA J. [>zJD4 CITYCLf:R~, 30. DEND~ IN< Area Plan Commission of St. Joseph County t 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 July 18, 2001 The Honorable Common Council City of South Bend County-Cit Bldg. - 4th Floor South Bendy IN 46601 RE: A proposed ordinance and site development plan of Sean Pierre Trotter to zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, pro ertyy located at 1528 Liston Street, and 1620 and 1621 Circle Avenue, City of South Bend - APCp~#2083-01 Dear Council Members: The above referenced ordinance and site development plan of Sean Pierre Trotter was legally advertised on July 5, 2001. The Area Plan Commission at its public hearing on July 17, 2001, took the following action: Upon a motion by Charlotte Sobel, being seconded by Tim Walz and unanimously carried, the proposed ordinance and site development plan of Sean Pierre Trotter to zone from "A" RResidential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 1528 Liston Street, and 1620 and 1621 Circle Avenue, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The.proposed rezoning is not out of character with the surrounding area, and will allow for the expansion of an existing local business. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the 's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincerely, ~~`~'" w. hn W . Byorn RSJ: sr Attachment CC: Sean Pierre Trotter Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT July 9, 2001 Sean Pierre Trotter 2083-01 Location: 1528 Liston Street, 1620 and 1621 Circle Avenue City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "R" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow an existing restaurant and barber shop/beauty salon. EXISTING LAND USE: The property currently contains a restaurant and barber shop/beauty salon. SURROUNDING LAND USE AND ZONING: Located to the north is a church and single-family homes zoned "A" Residential, "A" height and area; to the east is a multi-family dwelling unit and a church zoned "A" Residential, "A" height and area; to the south across Washington Aveune are industrial buildings zoned "D" Light Industrial, "E" height and area; and to the west across Circle Avenue is an industrial business zoned "D" Light Industrial, "E" height and area. ACCESS: Access to the site is from Circle Avenue. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 22,424 square feet. Of that, the buildings will occupy 3,757 square feet, or 17 percent of the site; the parking and drives will occupy 13,670 square feet, or 61 percent of the site; and 4,997 square feet or 22 percent of the site - will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer will require a drainage plan at the final site plan stage. PRELIMINARY '- STAFF RECOMMENDATION: Based on information available prior to the - public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation, subject to a final site development plan. The proposed rezoning ., is not out of character with the surrounding _ - area, and will allow for the expansion of an-->~~ existing local business. -.• F- a n H o pp ~ o 00 LINDEN o AVE. ~ ~ -I--~ =+ ~'~ to ~ ~ I o D~ -~ o p m ORANGE ST. ~ ~ c~~ o j a COLFAX ~ °a I w ~ LISTON ~ AVE. LfSTON ~ ~ ~~ ST. ,,, I H = O 00 _ M ~®~ L -- I m WASHfNGTON AVE. PETI lON AREA `~-_ ~ ----------~ ( ° o0 I D °~°~ D~~ ~__ I --_ ~ ~~ J RSON VD. I I ~ ~~190 - .~ J 90 qp ~j Ll D o 0 REZONING FROM: "A" RESIDENTIAL, TO: 'C° COMMERCIAL SOUTH BEND EXISTING ZONING 'A" RESIDENTIAL O "A 1 " RESIDENTIAL O "B' RESIDENTIAL ~-~ 'C' COMMERCIAL ~~ 'D° LIGHT iNDUSTRiAL O "E" HEAVY INDUSTRIAL D 'A' HEIGHT 8c AREA, °A' HEIGHT 8c AREA IV APC # 2083-01 o too moo soo soo araphto soAa PETITION AREA