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Home My WebLink AboutRezoning 1512 Liston StreetORDINANCE No. s=^s~, Passed by the Common Council of the City of South Bend, Indiana August 27, 01 20 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana QI1C111St 7R, 20 01 City Clerk President of Common Corcncil City Clerk Approved and signed by me August 29, 20 0l Mayor ORDINANCE NO. q 2~I 5 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1512 LISTON STREET IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: ~_ F.(_'TION 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 descn'bed real estate in the City of South Bend, St. Joseph County, State of Indiana: 1. LOT 5 & PT N'h VAC ALLEYS & ADJ BROS ADD TAX LOTS & ADJ PROP. be and the same is hereby established as zoning classification "B" Residential, "a" Height and Area district. SF_.CTION 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 st READING ~~1\_O` PUBLIC HEARING S -1-1-0\ 3 rd READING ~~ L1 -~ NOT APPROVE \~\ REFERRED ~o PASSEO ~_Z1 ~ ~ QS a, s S ~~~U~ Q~ s u~,r`i ~ -~i-c,~~ s~~ t' a .:~ ' b s .,r',:,y .~ ~ I_ ~ ? ZED Lf~3s'sY7e\ J. Cil3~?.°'. ClTYCLEPt,~C. E~P:J, I:,. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 50-01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1512 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: 50-01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1512 LISTON STREET IN THE CITY OF SOUTH BEND, INDIANA Andrew Udj ak Chairman Revised 1/92 Date Filed• Date received by the Area Plan Commission: Application No. APC #2084-01 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. 1512 Liston Street, South Bend, Indiana 46616. 2.) Name and address of property owner(s) of the petition site: B. Sean Pierre Trotter 2305 Kenwood Avenue _ South Bend, IndiarEa'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-1" Residential, "a" Height and Area to "B" Residential, "a" Height and Area. 5.) This rezoning is requested to allow the following use(s): Renovation to accomodate multi-family use. 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. ~'l~~l~a ~l"i ~ ~~:~~ ~~~~~~ .~ ~ 1._ ~ ~~~ 200 LOFi~:TTA J. Q~L~~ C1TX CLGAk,, ~. E~~td7, lr~. 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) year 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 revert to the initial .o ing classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. 1~~. Sean Pierre Trotter PETITION PREPARED BY: Sean Pierre Trotter 2305 kenwood Avenue South Bend, IN 46628 Tele (219) 287-8993 Mailing Address: Mr. Sean Trotter P.O. Box 3525 South Bend, IN 46619-0525 2 • 1 ~° y i9~~ is ~ ~~r~~'~o ~ ~:~~~~~ J ~ ~_ ~ ~~ 200 LI~~~T~ J. [~+:? cmr cLCa~~, o. c~~t,~, s~~. EXHIBIT A Legal description of the properties For APC #2084-01 1. Lot 5 & PT N'/z VAC ALLEYS & ADJ BROS ADD TAX LOTS & ADJ PROP. Commonly known as 1512 Liston, South Bend, IN 46616. e°°l~u ~~i ~~i3~'ao ~ 6<'.~~~~~~> .1 ~.~ ~.. ~ ~~ zn01 L~?3a`~Y'fFiJ. ~i~J6~w 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 3077 3073 18 1048 2069 New Testament Baptist Church 1502 West Washington South Bend, IN 46601 18 1048 2067 18 1048 2068 Wiley & Ellen W. Hoover 1906 W. Linden Avenue South Bend, IN 46628 18 1048 2062 18 1048 2050 18 1048 2052 18 1048 2053 18 1048 2054 Pilgrim Baptist Church 116 N. Birdsell Street South Bend, IN 46628 18 2002 0017 George & Jeanette Urbanski 1238 North Johnson South Bend, IN 46628 18 2002 0016 18 2002 0021 18 2002 0015 18 2002 0014 Sean Pierre Trotter 2305 Kenwood Avenue South Bend, IN 46628 18 2002 0423 Saint Matthews Church of God 1709 Kessler Blvd South Bend, IN 46616 i=11ed in Cleric's ~f~ice .J~+~? t7 ~ 200 LOR~'TfA J. DUDA CiTYCLBRK~ 80. @END, FM. 18 1048 2058 18 1048 2059 18 1048 2057 18 1048 2055 St. Augustines Church Diocese of 1130 West Thomas South Bend, IN 46601 18 1048 2056 Diocese of Fort Wayne South Bend & 1130 West Thomas Street South Bend, IN 46601 18 2002 0020 Sam & Clara Winston 1252 E. Corby Blvd. South Bend, IN 46617 18 2002 0019 18 2002 0018 Felecia Trotter 1524 Liston Street South Bend, IN 46617 18 2005 0053 18 2005 0052 18 2005 0049 18 2005 0048 St. Johns Missionary Baptist Church P.O. Box 446 South Bend, IN 46624 18 1048 2049 18 1048 2048 Lauretta Haynes 1111 White Oak Lane Farmington, NY 14425 ~iied In Clerk's Affice J ~1 #;3 I~ .;~ X001 LOR-dTTA J. DUDA CITY CL&RK~ 80. BEPED~ lfd, Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. Robert W. Sante Executive Director South Bend, Indiana 46601 John W. Byorni Assistant Director Phone 219 235-9571 July 18, 2001 c The Honorable Common Council ~C1~ S~ ~ .5~ -~ City of South Bend County-Cit Bldg. - 4th Floor South Bendy IN 46601 Fax 219 235-9813 RE: A proposed ordinance and site development plan of Sean Pierre Trotter to zone from "A-1" Residential, A Height and Area to B Residential, A Height and Area, property located at 1512 Liston Street, City of South Bend - APC #2084-01 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 b~ Willie Moran, being seconded by Charlotte Sobel and unanimously carried, the ~roposed~ordmance and s><te development plan of Sean Pierre Trotter to zone from "A-1" Residential, A Height and Area to B Residential, A Height and Area, property located at 1512 Liston Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development Plan. This area was rezoned from "D" Light Industrial, "F" height and area to "A" Residential, "A" height and area on July 8, 1991 as part of the West Washington Chapin Revitalization project. At that time, the subject property was a vacant residential structure. In most cases a rezoning to a more intensive use would be discouraged as it is not in keepping with the goals of the downzoning. However, in 1996 the pro erty was rezoned from "A" Residential, "A" height and area to "A-1" Residential, "A" height andparea. It is the Commission's opinion, as it was m 1996 that the rezoning and use would not be out of character for the immediate area. 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, ~, hn W. Byor 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 2084-01 Location: 1512 Liston City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A-1" Residential, "A" Height and Area to "B" Residential, "A" Height and Area to allow a three unit apartment building. EXISTING LAND USE: The property currently contains a residential structure. SURROUNDING LAND USE_AND ZONING: Located to the north across Liston Street is vacant land zoned "A" Residential, "A" height and area; to -the east is a church zoned "A" Residential, "A" height and area; to the south is vacant land zoned "A" Residential, "A" height and area; and to the west is vacant land and a multi-family dwelling unit zoned "A" Residential, "A" height and area. ACCESS: Access to the site is from Liston Street. 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 5,156 square feet. Of that, the buildings will occupy 1,744 square feet, or 34 percent of the site; the parking and drives will occupy 600 square feet, or 12 percent of the site; and 2,812 square feet or 54 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. This area was rezoned from "D" Light Industrial, "F" height and area to "A" Residential, "A" height and area on July 8, 1991 as part of the West Washington Chapin Revitalization project. At that time, the subject property was a vacant residential structure. In most cases a rezoning to a more intensive use would be discouraged as it is not in keeping with the goals of the downzoning. However, in 1996 the property was rezoned from "A" Residential, "A" height and != y F- y D W O O m D~Q LISTON AVE. 1 J -1 I H y ST. ~ ~ c~~ W F-- y ~,rj' c ~ ~ COLFAX a I- ~ °a ~ LISTON ~ ~ ~~1 ST. ~ W AVE. ~ o I I O ii ae L - , I m WASHINGTON AVE. PETITION AREA 4-- ~ --___-_~ ~i o i ~ °C~ D~~ ---_ __ ~ ~ J RSON VD. Roil ~ ~ X90 ~9ogo ~ _L~ ~4\~ 1 \ D~ REZONING FROM: "A 1 ° RESIDENTIAL, °A' HEIGHT 8c AREA, TO: °B" RESIDENTIAL, °A° HEIGHT 8c AREA SOUTH BEND EXISTING ZONING °A° RESIDENTIAL D °A1 ° RESIDENTIAL O °B" RESIDENTIAL O APC # 2084-01 °C° COMMERCIAL O o ,~ moo aoo eoo °D° LIGHT INDUSTRIAL D °E° HEAVY INDUSTRIAL ~ a~phlo aoelo PETITION AREA ORANGE