10-25-10 Common Council Meeting Minutes

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REGULAR MEETINGOCTOBER 252010 , light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit “A”, and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area, with fees for prior main line extensions due upon application for a tap permit and any improvements in sewer or water capacity to be paid for by the developer; that street lighting and parking will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of rezoning and annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. In this regard, the annexation and rezoning is subject to the following condition: the elimination of gates and other devices that restrict access to the developments in order to create a gated community. Furthermore, it is required that the annexation area integrate harmoniously with the surrounding residential areas. It should also be required that neo-traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality per the South Bend zoning ordinance standards. Failure to comply with all the conditions set forth in this Section IV may result in the City’s repeal of annexation. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon to hear the pros and cons and voted to send it to the full Council with a favorable recommendation. Mr. Michael Divita, Division of Community Development, 227 W. Jefferson Blvd., Suite 1200 N, South Bend, Indiana, made the presentation for this bill. Mr. Divita advised that the annexation area is generally located near the northwest corner of Vaness and Willis Avenue (54703 & 54719 Willis Avenue.) He noted that the annexation area is a t least 1/8 (12.5%) contiguous to the current City limits: The annexation area is 1.04 acres in area. The properties are currently single-family residential in the County. Mr. Divita stated that Stadium Place Developers LLC are seeking annexation and rezoning to Planned Unit Development “PUD” into the City for the purposes of receiving municipal services for the development of 21 rental units in one three-story buildings. This is in addition to three existing structures, with 90 rental units, in the City that are included in the PUD rezoning. Per the developer plans, it is anticipated that a minimum of 42 residents will reside in the Annexation Area. The th annexation area will be in the 4 District. It is anticipated that this annexation will not result in the elimination of jobs for employees of any other governmental entities. A ten inch diameter public sanitary sewer was installed in Vaness Street during the construction of the Stadium Village development. Four 6 inch diameter sewer taps were included in that work. The Phase II development will use these taps to connect to the existing sanitary sewer. Revenue from customers on this sewer will be sufficient to operate and 5