06/25/07 Council Meeting Minutes

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REGULAR MEETING JUNE 25, 2007 east of said U. S. 31; thence south along the east line of said north/south alley to the north right-of--way line of Pulling Street, also being the northwest corner of Lot 148 of Gilmer Park Addition; thence west along the south right-of--way line of Pulling Street to the east right-of--way line of U. S. 31, also being the City limits of the City of South Bend; thence north along said right-of--way line 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 a City water connection will be required payable by the developer; that a sewer extension will be required to service this area when developed, at the developer's expense; 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. 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 east. It is further required as a condition of rezoning and annexation that the owner procure and pay for a traffic impact analysis of the proposed development and site plan to determine what roadway modifications and intersection controls are necessary and sufficient to facilitate safe and orderly traffic movements, with all such necessary construction modifications to be paid by the developer. 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. Adopted the 25~` day of June, 2007. s/Timothy A. Rouse Member of the Common Council Councihnember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Jeff Vitton, Annexation Planner, Division of Community Development, 12~` Floor County-City Building, South Bend, Indiana, made the presentation for this bill.