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HomeMy WebLinkAboutAdopting Fiscal Plan Douglas South Annexation AreaAttes RESOLUTION 4183 -12 Passed by the Common Council of the City of South Bend, Indiana May 29, 12 20 Presented by me to the Mayor of the City of South Bend, Indiana May 30, 20 12 City Clerk !dent of Common Council Approved and signed by me �. 20 Z . City Clerk RESOLUTION NO. 3 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 CLAY TOWNSHIP (DOUGLAS SOUTH 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 Clay 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 0.75 acres of vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 75.8% contiguous, generally located on the south side of Douglas Road east of State Road 23 (17210 Douglas Road). It is anticipated that the annexation area will be used for commercial purposes as permitted by the zoning ordinance. This site 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. WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. 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 Clay Township, St. Joseph County, Indiana be annexed to the City of South Bend: A parcel of land being a part of the Northeast Quarter of the Northeast Quarter of Section 32, Township 38 North, Range 3 East and being more particularly described as follows: Commencing at the Northwest Corner of the Northeast Quarter of the Northeast Quarter of said Section 32; thence North 89'16'18" East along the North line of said Section 32, 140.70 feet; thence South 00 °12'28" West, 45.01 feet to the point of beginning; thence North 89'16'18" East parallel to the North line of said Section 32, 185.55 feet to a point on the West line of Douglas Road Partners Minor, recorded in Instrument Number 0917426 in the Office of the Recorder of St. Joseph County, Indiana; thence South 00 °29'43" East along said West line of said Minor, 175.00 feet; thence South 89'16'18" West along the Northerly line of Lot 3 in said Minor, 187.70 feet to the East line of a parcel of land recorded in Deed Record 784, Page 80 in said Recorders Office; thence North 00 °12'28" East along said East line, 175.02 feet to the point of beginning, said parcel containing 0.75 acres, more or less, and subject to all right -of -way, easements, covenants and restrictions of record. 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. 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 by the developer in compliance with State and Local law; that no additional street lighting will be necessary; and that no new roads or streets will be required. Section IV. It is a further condition of annexation that any future alterations to the property meet the City of South Bend's building and zoning regulations and requirements. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. PRESENTED NOT APPR4vE q ADOPTEEd Member, South Bend Common Council FUled Office MAY 1 CITY CLERK, sGUl' JON. 11 SEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12 -42 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 CLAY TOWNSHIP DOUGLAS SOUTH ANNEXATION AREA 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. This bill was heard by the Zoning and Annexation Committee. Karen L. White Chairperson, Committee of the Whole THE CITY OF SOUTH BEND FISCAL PLAN -ID t e _y. j AS SOUTH A N E �� w �� .� N AREA r�s d Pete Buttigie Mayor � Y i Z 3 y° South Bend Comrrn Council ;K Tim` Scott .: Mo... y Henry Davis, Jr s k.4.. Valerie Schey Fred Ferlic r David Varner Oliver Davis Derek Dieter Gavin Ferlic Karen White P Prepared By O y of South Bend Division ofommunity Development " 227 W Of f Blvd., Suite 1200 S Sou Bend �1* ,4 6601 Pamela C er Director M Michael Di -1 I nner _ Exhibit � �i : � � Y mss. Y� April 12 P2� F � 1200 COUNTY -CiTr BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 May 1, 2012 PHoNE574/235 -9371 FAx 574/235 -9021 CITY OF SOUTH BEND PETE BUl IIGTEG, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT Mr. Derek Dieter, President South Bend Common Council 4th Floor, County -City Building RE: 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 Clay Township (Douglas South Annexation Area) Dear Mr. Dieter: I am attaching for filing the aforementioned resolution, which is a companion to Bill No. 08 -12. That Bill proposes to voluntarily annex contiguous territory in Clay Township to the City of South Bend. The resolution provides for the Common Council's approval and adoption of the written plan and policy concerning the provision of services, both capital and non - capital, to the territory to be annexed. This 0.75 -acre annexation area contains one parcel on Douglas Road, east of State Road 23. All public improvements, if any, will be required to be done at the expense of the developer. I request that the attached resolution be placed on the May 29, 2012, agenda of the Common Council meeting at which the companion Bill is given Second Reading. I will be attending the meeting, as well as the Zoning & Annexation Committee hearing, as the presenter. If you have any questions, please feel free to contact me at 235 -5843. Thank you. Sincerely, eh(,;44W Michael P. Divita Planner cc: Janice Talboom, City Clerk's Office Commug TY DEVELOPMENT ECONowc DEVELOPMENT PAMELA C. MEYER - DONALD E. INKS 574/235 -9660 574/235 -9371 Fax: 574/235 -9469 Douglas South Annexation Area 2 TABLE OF CONTENTS SECTION I. INTRODUCTION .............................. ............................... 3 SECTION II. GENERAL DATA ................................ ............................... 3 A. Location B. Legal Description C. Contiguity D. Size of Annexation Area E. Buildings and Land Use F. Zoning & Subdivisions G. Population H. Tax Rate I. Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES ..................... ............................... 5 A. Public Works B. Police Department C. Fire Department &.EMS D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA .......... 9 SECTION V. FISCAL IMPACT ............................... ............................... 10 Fiscal Impact: TABLE 1 .................................... ............................... 11 SECTION VI. APPROVAL ........................................ ............................... 12 LegalDescription ............................................ ............................... 13 Map: MAP 1 ...................................................... ............................... 14 Douglas South Annexation Area 3 SECTION I. INTRODUCTION This Fiscal Plan represents the City of South Bend's (hereinafter, "City") policy for the annexation of property in Clay Township, St. Joseph County, Indiana (hereinafter, "Annexation Area "), and was developed through the cooperative efforts of the Area Plan Commission and the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Code Enforcement Department of Community and Economic Development Department of Administration and Finance SECTION II. GENERAL DATA A. Location The Annexation Area is located on the south side of Douglas Road, about 0.15 miles east of State Road 23 (17210 Douglas Road). See Map 1. B. Legal Description The Annexation Area is part of the Northeast Quarter (1/4) of the Northeast Quarter (1/4) of Section Thirty -Two (32), Township Thirty -Eight (38) North, Range Three (3) East, in Clay Township, St. Joseph County, Indiana. For a complete legal description, see Page 13. C. Contiguity The Annexation Area is at least 1/8 (12.5 %) contiguous to the current City limits: Contiguous 548 feet 75.8% Non - Contiguous 175 feet 24.2% Total 723 feet 100% D. Size of Annexation Area The Annexation Area is approximately 0.75 acres in area. E. Buildings and Land Use The Annexation Area contains vacant single - family residential land. A commercial use, potentially a dentist office, is proposed. Douglas South Annexation Area 4 F. Zoning & Subdivisions The one property in the Annexation Area is currently zoned "R" Single Family District in St. Joseph County. With the annexation petition, the petitioner is seeking to rezone the property to "CB" Commercial Business District in the City. G. Population Zero (0) persons currently reside in the Annexation Area, and no residents are proposed to live in the Annexation Area. H. Tax Rate The tax rates used are those of 2011 payable 2012. The total tax rate for unincorporated Clay Township is 2.4435 per $100 of taxable real estate. The total tax rate for South Bend Clay Township is 5.3321 per $100 of taxable real estate. Per HEA 1001, the tax caps expressed as a percentage of the gross assessed value for different classifications of property are as follows, regardless of the property's location being within South Bend or unincorporated St. Joseph County: Property Type Ca Homestead 1.0% Non - Homestead Residential 2.0% Agricultural 2.0% Other Commercial 3.0% I. Assessments 2011 payable 2012, St. Joseph County Auditor property tax records: Land: $43,900 Improvements: $0 Total (Gross): $43,900 Total (Net): $43,900 3. Municipal Legislative District The Annexation Area will be in the 4th District. K. Hiring Plan It is anticipated that this annexation will not result in the elimination of jobs for employees of any other governmental entities. The Clay Township Trustee has been notified of this proposed Annexation. Douglas South Annexation Area 5 SECTION III. MUNICIPAL SERVICES A. Public Works Sewer - A 10" diameter sanitary sewer exists on the Douglas Road frontage of the annexation area. The sewer has sufficient capacity to carry load expected from this Annexation Area and potential future extensions. No additional expenditures will be needed to extend sewer facilities. The City of South Bend and partners extended sewer to this area. It will be necessary to recover a pro rata share of fees for the sewer extension when this property is connected to the South Bend sewer system. Water - The South Bend Water Works currently has a 10" water main on the north side of Douglas Road. South Bend Water Works has no recent flow test data for this location but the static pressure will be about 50 psi. There is adequate capacity for the Annexation Area. No additional expenditures will be needed to extend water facilities. Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36-9-22 - 2, I.C. 8 -1.5 -3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. Street Lighting - No additional street lighting will be necessary. The existing street lighting system adequately covers this area. Waivers of Annexation - No waivers of right to remonstrate against annexation are in effect for this area. Streets - Douglas Road is already within City limits and maintained by the City. No street construction or other public capital expenses are planned. 2011 Actual Budget Report for the Department: Expenditures: $9,402,157 Miles of Roadway in City: @499.3 Cost per Mile: @$18,830 New Mileage within Area: @0.00 miles (0 feet) Estimated Maintenance cost for Annexation Area per year: @$0 Douglas South Annexation Area 6 B. Police Department The Annexation Area would be expected to be added to the existing Beat 11. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. At this time, it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond the existing beat patrol. The area under consideration is not expected to cause any unusual problems. At the present time, the cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possible shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable and consistent with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2011 Actual Budget Report for the Department: Expenditures (including pension cost): Number of Households in City (2010): Cost per Household: Number of Parcels in City (2011): Cost per Parcel: Proposed Number of Households in Area Number of New Parcels: Cost for Annexation Area per year: C. Fire Department $34,921,936 @39,760 @$878 @48,360 @$722 0 1 $722 (1 parcel x $722 / parcel) Fire Response - The South Bend Fire Department provides a fully staffed, full -time fire department. The Annexation Area will be serviced primarily by Fire Station #3, located at 1805 McKinley Avenue, approximately 2.7 miles away. Additional Fire Department units would respond from Fire Station #9 at 2520 Mishawaka Avenue, which is approximately 3.9 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Adequate water supply will be necessary as development takes place. Douglas South Annexation Area 7 Emergency Medical Response - The City, under contract with St. Joseph County, provides emergency medical response to the unincorporated areas of St. Joseph County. Of the seven ambulances currently in service, 3 are dedicated for response to the unincorporated areas. These are Medic Units #10, 11, and 12. The Annexation Area will be serviced by Medic #12, which is at Penn Township Fire Station #2, located at 13750 McKinley Highway, before annexation. After annexation, this area will be serviced by Medic #3, which is at Fire Station #2, located at 402 Martin Luther King, Jr. Drive (approximately 4.1 miles away), and Medic #2, which is at Fire Station #1, located at 1222 S. Michigan Street. Emergency medical response will continue to be provided by the City of South Bend. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Emergency medical services are supported by user fees. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2011 Actual Budget Report for the Department: Expenditures (including pension cost): Number of Households in City (2010): Cost per Household: Number of Parcels in City (2011): Cost per Parcel: Proposed Number of Households in Area: Number of New Parcels: Cost for Annexation Area per year: D. Code Enforcement The Annexation Area will be added to Area 4. $27,594,700 @39,760 @$694 @48,360 @$571 0 1 $571 (1 parcel x $571 / parcel) The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times. The Department will respond to calls for service upon the effective date of the Annexation. Full and dedicated response will be in place within one year of the effective date of the Annexation. 2011 Actual Budget Report for the Department: Expenditures: Number of Parcels in City (2011): Cost per Parcel: Proposed Number of Parcels in Area Cost for Annexation Area per year: $2,202,537 @48,360 @$46 1 $46 (1 parcel x $46 / parcel) Douglas South Annexation Area 8 E. Environmental Services Wastewater Treatment - Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Solid Waste - Industrial, commercial, and apartment customers are generally not served by the Bureau of Solid Waste. However, the Bureau of Solid Waste is able to provide service to small commercial customers such as this proposed. The cost to provide solid waste services would be $12 per month with service beginning on the effective date of the Annexation. F. Administrative Services The City of South Bend provides a wide range of services other than those noted above, such as the Mayor's office, the Legal Department, and Parks & Recreation. These services are available upon the effective date of the Annexation. Full and dedicated response for non - capital services will be in place within one year of the effective date of the Annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not affect the provision of other services currently provided to this property on a countywide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, the Area Plan Commission, and the St. Joseph County /South Bend Building Department are among the countywide agencies that will continue to provide the same type and level of services to the Annexation Area. Countywide services will continue to be supported by the County and Township taxes that will remain in effect. Doualas South Annexation Area 9 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA This proposed annexation will add vacant land to the City of South Bend. The Annexation Area is presently zoned "R" Single Family District in St. Joseph County. The Memorial Home Care office zoned "CB" Community Business District in the City is located to the north. To the east is a vacant outlot and Brown Mackie College zoned "CB" Community Business District in the City. To the south is a vacant lot zoned "CB" Community Business District in the City. To the west is a single - family home zoned "R" Single Family District in the County. A commercial use, potentially a dentist office, is proposed. The preliminary site plan shows a 3,830 square foot building with a parking lot providing 33 spaces. Vehicular access to the property shall be made via an extension of the internal access drive currently in place to the southeast. No curb cuts will be made to Douglas Road. Pedestrian access to the Douglas Road sidewalk should be provided. Any improvements or future changes will need to meet the City's applicable building and zoning ordinances. The Annexation Area is located along a corridor that has experienced rapid commercial growth over the last few years. Redevelopment of the Douglas Road residential properties immediately to the west of the Annexation Area into commercial uses is anticipated over the next few years. The recent widening of Douglas Road from State Road 23 to the Mishawaka city limits supports this commercial development. Filed in Clerk's offlv E3 MAY2012 JOHN ?:' :0yR CITY CLERK, 3L SEND, Doualas South Annexation Area 10 SECTION V. FISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2) The City is financially able to support city services to the territory sought to be annexed. 3) Required improvements made by the petitioner and /or owner of the parcel(s) must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City will be completed within the time frames provided by State law and this fiscal plan. 5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded, and projects are closed out. 6) Property tax revenue and land assessment estimates are based on a combination of: 2011 payable 2012 tax information, taxes paid in previous years by a comparable development, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are subject to change every year, and property tax revenues may be subject to tax caps. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services may not be required or possibly requested for many years. Hence, the cost of providing services over the first five years should be evaluated with this in mind. Douglas South Annexation Area 11 TABLE 1 Summary Table — Estimated Fiscal Impact Expenditures Capital Est. Non - Capital Per Year Est. Notes 5 -Year Total Street Construction $0 $24,567 Year 2 $0 Sewer Extension $0 Year 4 Connection at petitioner's expense $0 Water Extension $0 Estimated at revenue per mile of $11,707 Connection at petitioner's expense $0 Street Lights $0 $0 Street Maintenance $0 $0 $0 Police $0 $722 $3,610 Fire $0 $571 $2,855 Code $0 $46 $230 Approximate 5 -Year Expenditures $6,695 Revenues Notes Total (Est.) 5 -Year Total Property Taxes (to City) Year 1 $747 $24,567 Year 2 $5,955 Year 3 $5,955 Year 4 $5,955 Year 5 $5,955 MVH /LRSA Estimated at revenue per mile of $11,707 $0 $0 Approximate 5 -Year Revenues $24,567 Revenue estimate based on $43,900 net assessment and capped commercial tax rate of 3% of $43,900 gross assessment prior to development, and $350,000 net assessment and capped commercial tax rate of 3% of $350,000 gross assessment after development, first taxable in Year 2. Douglas South Annexation Area 12 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this day of 2012. Douglas South Annexation Area 13 LEGAL DESCRIPTION A parcel of land being a part of the Northeast Quarter of the Northeast Quarter of Section 32, Township 38 North, Range 3 East and being more particularly described as follows: Commencing at the Northwest Corner of the Northeast Quarter of the Northeast Quarter of said Section 32; thence North 89 016'18" East along the North line of said Section 32, 140.70 feet; thence South 00 012'28" West, 45.01 feet to the point of beginning; thence North 89 016'18" East parallel to the North line of said Section 32, 185.55 feet to a point on the West line of Douglas Road Partners Minor, recorded in Instrument Number 0917426 in the Office of the Recorder of St. Joseph County, Indiana; thence South 00 029'43" East along said West line of said Minor, 175.00 feet; thence South 89 016'18" West along the Northerly line of Lot 3 in said Minor, 187.70 feet to the East line of a parcel of land recorded in Deed Record 784, Page 80 in said Recorders Office; thence North 00 012'28" East along said East line, 175.02 feet to the point of beginning, said parcel containing 0.75 acres, more or less, and subject to all right -of -way, easements, covenants and restrictions of record. Douglas South Annexation Area 14 MAP 1 Douglas South Annexation Area 0 125 250 500 =Douglas South Annexation Area 10 City of South Bend Feet Prepared by City of South Bend Department of Community & Economic Development Ma Filed in rk oflics E MAY- � .�� zurz JOHN CITY CLERK, �CUTH SIEN 0, ija