05/29/07 Council Meeting Minutes

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REGULAR MEETING MAY 29, 2007 RECORDER; THENCE NORTH ALONG THE COMMON LINE OF DEED RECORD BOOK 845, PAGE 458 AND STANDARD FEDERAL BANK REPEAT, A DISTANCE OF 160.00 FEET TO THE NORTH LINE OF PROPERTIES DESCRIBED IN INSTRUMENT NUMBER 8518872 AND DEED RECORD BOOK 845, PAGE 458; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS EAST, ALONG SAID NORTH PROPERTY LINES, PARALLEL WITH THE SOUTH LINE OF SECTION 29, A DISTANCE OF 300.00 FEET TO THE EAST LINE OF PARCEL II AS DESCRIBED IN INSTRUMENT NUMBER 8518872, SAID LINE ALSO BEING THE WEST LINE OF ECLIPSE DOUGLAS ROAD MINOR SUBDIVISION, RECORDED AS INSTRUMENT NUMBER 0525591 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH ALONG THE COMMON LINE OF INSTRUMENT NUMBER 8518872 AND 0525591, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. Section IL That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of anon-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street 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 network and water main are available to service this area with any extensions for future development to be paid by the developer; that street lighting, parking, sidewalks, and similar improvements, together with a drainage plan will be constructed by the developer and paid out of a contemplated TIF fund or paid by the developer if a TIF District cannot be established; and that an expansion of Douglas Road is planned to be paid from public funds. Section IV. It is required as a condition of annexation 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. It is required that the annexation area integrate harmoniously with the surrounding residential areas to the north In consideration of pedestrian safety and proper vehicular movement, it is further required as a condition of rezoning and annexation that the developer give very careful consideration to vehicular access and circulation as well as pedestrian movement for the development within the annexation area. All screening, sidewalks, signage and vehicular access shall conform to the latest City of South Bend standards and ordinances. Building plans and other information to satisfy these requirements must be submitted by the developer to the City as part of the development review process. Failure to comply with all the conditions 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.