HomeMy WebLinkAbout4749-18 Ceres Annexation Area Fiscal Plan RESOLUTION
No. 4749-18
Passed by the Common Council of the City of South Bend, Indiana
October 8 2018
Attest: � � City Clerk
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Kareemah N. Fowler
Attest `�` �_�� President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October 8, 20 18
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/74,,...4.A..--' City Clerk
Kareemah N. Fowler
Approved and signed by me
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BILL NO. 18-58
RESOLUTION NO. 4749-18
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND,INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN
ANNEXATION AREA IN PORTAGE TOWNSHIP
(CERES ANNEXATION AREA)
WHEREAS, there has been submitted to the Common Council of the City of South
Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the
annexation of real estate located in Portage Township, St. Joseph County, Indiana, which is more
particularly described at Section I of this Resolution; and
WHEREAS, the territory proposed to be annexed encompasses approximately 254.6
acres containing agricultural land, which property is at least 12.5% contiguous to the current City
limits, i.e., 27.6% contiguous, generally located at the west end of Calvert Street, west of
Renewable Road. It is anticipated that the annexation area will be used for agricultural purposes;
and
WHEREAS,this development will require a basic level of municipal public services of a
non-capital improvement nature, including police and fire protection, street and road
maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services
of a capital improvement nature, including street and road construction, sidewalks, street
lighting, a sanitary sewer system, a water distribution system, and a storm water system and
drainage plan; and
WHEREAS, the South Bend Common Council now desires to establish and adopt a
fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-
capital nature, including police and fire protection, street and road maintenance, street sweeping,
flushing, and snow removal, and sewage collection, and other non-capital services normally
provided within the corporate boundaries; and services of a capital improvement nature including
street and road construction, street lighting, a sanitary sewer extension, a water distribution
system, and a storm water system to be furnished to the territory to be annexed (2)the method(s)
of financing those services; (3) the plan for the organization and extension of those services; (4)
that services of a non-capital nature will be provided to the annexed area within one (1) year
after the effective date of the annexation, and that they will be provided in a manner equivalent
in standard and scope to similar non-capital services provided to areas within the corporate
boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and
population density; (5) that services of a capital improvement nature will be provided to the
annexed area within three (3) years after the effective date of the annexation within 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, and in a
manner consistent with federal, state and local laws, procedures, and planning criteria; and (6)
the plan for hiring the employees or other governmental entities whose jobs will be eliminated by
the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. It is in the best interest of the City of South Bend and the area proposed to be
annexed that the following described real property located in Portage Township, St. Joseph
County, Indiana be annexed to the City of South Bend:
Part of the Southwest Quarter of Section 16 and the North Half of Section 21,
Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana,
being more particularly described as follows:
Commencing at the Northwest Corner of the South Half of the Southwest Quarter
of Said Section 16; thence East along the North Line of the South Half of the
Southwest Quarter of Said Section, to the West Right-of-Way Line of the Indiana,
Illinois and Iowa Railroad Company (New York Central Lines), being the Point
of Beginning; thence continuing East along the North Line of the South Half of
the Southwest Quarter of Section 16, 2,140 feet more or less to the North/South
Centerline of Section 16 and the existing South Bend City Limit line; thence
South 1,318 feet more or less along Said North/South Centerline and the South
Bend City Limit line to the South Line of Section 16, being also the South Bend
City Limit line; thence East along the North Line of the Northeast Quarter of
Section 21, 1,320 feet more or less to the Northeast Corner of the West Half of the
Northeast Quarter of Section 21; thence South along the East Line of the West
Half of the Northeast Quarter of Section 21, 2,366 feet more or less to the North
Line of Lot 1 of the Great Lakes Minor Subdivision, recorded January 27, 1999 as
instrument number 9903194 in the office of the St. Joseph County Recorder;
thence West along Said North Line of Lot 1 to the Northerly Right-of-Way Line
of US 31; thence Southeasterly along Said Right-of-Way to the East/West
Centerline of Section 21; thence West along Said East/West Centerline to the
Southerly Right-of-Way of Said US 31; thence Northwesterly along Said Right-
of-Way to the West Line of Said Section 21; thence North along Said West Line
to the North Line of Said Section 21 and the South Line of Section 16; thence
continuing North along the West Line of Section 16 to the Northwest Right-of-
Way Line of the Indiana, Illinois and Iowa Railroad Company; thence Northeast
along Said Railroad Right-of-Way to the place of beginning. Containing 254.62
acres, more or less, including railroad and US 31 Rights-of-Way.
Section II. 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 a non-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 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
the developer to pay the costs for lateral extensions and any improvements in sewer or water
capacity as well as a City-approved drainage system, all in compliance with state and local law;
that no additional street lighting will be necessary and any future lighting will be at the
developer/owner's expense; that no new roads or streets will be required;
Section IV. Site planning should employ Complete Streets principles; and sidewalks
should be provided along public streets and be in compliance with the Americans with
Disabilities Act (ADA)under the PROWAG standards.
Section V. It is required as a condition of annexation that any future alterations to the
property meet the City of South Bend's building and zoning requirements, and that the soil types
and high water table of this annexation area be considered in any future development plan.
Section VI. This Resolution shall be effective from and of the date of adoption by the
Common Council.
Tim Scott, Council President
South Bend Common Council
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($013T11B Filed in Clerk's Office
F.).: OCT 16 2018
W\PE'ACE�` _
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KAREENIAH FOWLER
•�� x,: CITY CLERK,SOUTH BEND,IN
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CITY OF SOUTH BEND
CO ul V U \ ITY I \VEST/ E\T
October 16, 2018
Tim Scott, President
South Bend Common Council
4th Floor, County-City Building
Re: Impact of Change in Requested Zoning on Ceres Annexation Area Fiscal Plan
Dear President Scott:
At the October 8, 2018, meeting of the Common Council,the Council held Second
Reading on Bill No. 35-18, which proposes to voluntarily annex and zone the Ceres
Annexation Area to the City of South Bend. Based on public comment at Second
Reading,the petitioner amended its zoning request from GI General Industrial District, as
originally filed, to LI Light Industrial District. At that October 8 meeting,the Council
also adopted the fiscal plan for the Ceres Annexation Area. Although the fiscal plan, on
page 4, states that the petitioner seeks to rezone the land to GI General Industrial District,
please note that the petitioner's amended zoning request to LI Light Industrial District
would have no material impact on the policy concerning the provision of services as
described in the adopted fiscal plan.
If you have any questions, please feel free to contact me at 235-5843. Thank you.
Sincerely,
WPc0-,-,,,,
Michael P. Divita, AICP
Planner
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
1400S County-City Building 1227 W.Jefferson Bvld.1 South Bend,Indiana 46601 1 p 574.235.9371 I www.southbendin.gov