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HomeMy WebLinkAboutFiscal Plan for Cleveland & Lynnewood Annexation Area German TownshipRESOLUTION 3854-08 Passed by the Common Council of the City of South Bend, Indiana April 28, Attest: 2008 Presented by me to the Mayor of the City of South Bend, Indiana April 29, 20 08 City Clerk President of Common Council Approved and signed by me May 2, 20 08 . City Clerk 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 German Township, St. Joseph County, Indiana be annexed to the City of South Bend: PARCEL I. (ANNEXATION A*ID REZONING Tp "CB" COMN,UNITY BUSINESS DISTRICT). THAT PART OF THE SOUTHEAST QUARTER OF .SECTION 22, TOWNSHIP 36 NORTH, RANGE 2 EAST, GERMAN TO',~'NSHIP, 5T. JOSEPH COUNTY, INAIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH LINE OF CLEVELAND ROAD AND THE WEST LINE OF LYNNEWOOD AVENUE; THENCE N. 00°-00'-00" W. (ALL BEARINGS ASSUMED), 411.00 FEET 2dORE OR LESS; THENCE N. 90°-00'-00" E., 460.00 FEET MORE OR LESS; THENCE S. 00°-00'--00" E., 93.00 FEET N.ORE OR LESS; THENCE N. 90°-DO'-00" E., 80.00 FEET MORE OR LESS; THENCE S. 00°-00'-00" 8., 318.00 FEET MORE OR LESS TO T.'~iE NORTH LINE OF SAID CLEVELAND ROAD; THENCE5. 90°-00'-00" W. ALONG SAID NORTH LINE, 540,00 FEET MORF. OR LESS TO .THE POINT OF BEGIbZIING. CONTAINING 4.92 ACRES MORE OR LESS. SUBJECfi TO ALL LEGAL HIGHWAYS, EAS..2~NTS AND RESTRICTIONS OF RECORD. Section II. 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 the annexation area will require curb and sidewalk on the east side of Lynnewood as well as any upgrade of the existing sidewalk on Cleveland to meet City standards; that street lighting, parking, and other similar improvements, together with a drainage plan will be constructed by the developer, and that all improvements under this section as well as any necessary screening, signage, and vehicular access shall conform to the latest state and City of South Bend standards and ordinances. Section IV. It is required as a condition of annexation that neo-traditional buildingJsite 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. Furthermore, the developer shall provide at its own expense as part of the development review process, a traffic impact analysis to determine the need for traffic controls at the intersection of Lynnewood and Cleveland and for any access openings as shown on the site plan or as may be requested in the future. The traffic impact analysis study area shall include existing or potential commercial frontage on Cleveland Road from Lynnewood Avenue to Lilac Road. In addition to the traffic impact analysis referenced above, to the greatest extent possible, the north most entrance and exit on Lynnewood Avenue shall be aligned with the planned entrance and exit on Lynnewood Avenue for the German Township Library: Curb cuts along Lynnewood Avenue shall be engineered to impede Semi-Truck Trailers from turning north by constricting the turn-radius to the necessary degree. The developer must provide vehicular access to the annexation area from and to the parcels to the east if they are redeveloped for commercial purposes, and must submit a site plan that indicates that the annexation area can accommodate this criterion. Each storefront in the planned retail and financial buildings shall have a different facade, in keeping with new developments referred to as "lifestyle centers." No drive-through facilities will be permitted in the northern-most building to reduce noise pollution to the neighboring residential properties. No curbs will be permitted along Lynnewood Avenue to reduce the visual disconnect between the elevation of the roadway and the development site. Building plans and other information to satisfy requirements of state and local law 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. i `~ ~ Member, Sout end Common Council t'PESE"JTED ~-2.g-08 NOT APPROVED ;4DOPTED ~-t~-~S Filed In Clerk's C3ffice APR 2 3 2008 JOHN VOORDE - CCTV CLcRR, S0. BEND, JN THE CITY OF SOUTH BEND FISCAL PLAN CLEVELAND & LYNNEWOOD ANNEXATION AREA Stephen J. Luecke -Mayor South Bend City Council Derek Dieter Henry Davis Jr. Tom LaFountain Ann Puzello David Varner Oliver Davis Al Kirsits Timothy Rouse Karen White Prepared By: Division of Community Development 1200 County City Building South Bend, IN 46601 Pamela C. Meyer, Director Jeff Vitton, Planner Exhibit "A" March 17, 2008 Revised March 27, 2008 ~ilcd I~ Gl~rk'~ Office APR 2 3 2008 JOHN VOOROE CITY CLEFK, S0. dEPdD, IN. Cleveland and Lynnewood 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 SECTION VI. APPROVAL ............................................................. 12 Tax Rate Information: TABLE 1 .............................................. 13 Legal Description: TABLE 2 .................................................... 14 Map: MAP 1 ..................................................................... 15 Cleveland and Lynnewood Annexation Area 3 SECTION I. INTRODUCTION A. General This Fiscal Plan represents the City of South Bend's (hereinafter, "City") policy for the annexation of property in German 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 generally located north of Cleveland Road and to the east of Lynnewood Avenue approximately 1/5 mile east of the intersection of Portage and Cleveland. See Map 1. B. Legal Description The Annexation Area is part of the Southeast Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana. For a complete legal description see Tab/e 2. C. Contiguity The Annexation Area is at least 1/8 (28.4%) contiguous to the current City limits: Contiguous 540 feet 28.4% Non-Contiguous 1362 feet 71.6% Total 1902 feet • 100% D. Size of Annexation Area The Annexation Area is 4.92 acres in area. Cleveland and Lynnewood Annexation Area 4 E. Buildings and Land Use The Annexation Area currently contains two vacant single-family homes and vacant land. The existing homes are slated to be removed and three commercial buildings are planned. Two of the three buildings are planned for retail (14,400 and 10,200 square feet) and one is planned for a restaurant facility (5,315 square feet). The proposed site plan consists of 15.76% building area, 61.34% parking area, and 22.90°l0 open space. F. Zoning & Subdivisions The site is zoned "R" Residential and "O/B" Office/Buffer District in unincorporated St. Joseph County. It is proposed to be zoned "CB"Community Business upon approval of the City Council and incorporation into the City of South Bend. G. Population No people currently reside in the Annexation Area. H. Tax Rate The tax rates used are those of 2006 payable in 2007. The Township Rate will decrease by $0.1404 per $100.00 of assessed valuation with the deletion of the Fire Fighting Fund and the Cumulative Fire assessments. The tax rate for the Annexation Area will increase by 2.2482 per $100.00 of assessed valuation with the addition of the City and Town Rate, the Redevelopment District Rate and the South Bend Transpo Rate. The net increase in property taxes will be $2.1078 per $100.00 of assessed valuation. Table 1 shows representative tax rate information as published by the St. Joseph County Auditor. Please note that this data is shown for informational purposes only, and HB 1001 will affect these rates. I. Assessments 2006 payable 2007, St. Joseph County Auditor property tax records: Land: $53,000 Improvements: $166,200 Net: $219,200 7. Municipal Legislative District The Annexation Area will be in the 1st District. Cleveland and Lynnewaod Annexation Area 5 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 German Township Trustee has been notified of this Annexation. SECTION III.. MUNICIPAL SERVICES A. Public Works Sewer -There is a sanitary sewer on the Cleveland Road boundary of this site. It is a twenty-one inch diameter pipe. It has adequate capacity for the annexation area and for extension northward on Lynnewood to make the sewer available to the next potential customers. Water -The South Bend Water Works currently has a 12" water main on the north side of Cleveland Road that has more than adequate capacity for the annexation area. This water main will provide service to any customer with frontage on Cleveland Road. Since there is no water main along Lynnewood Avenue, any future subdivision of this nearly five acre parcel should maintain frontage on Cleveland Road. 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 - If the developer wishes to construct and dedicate additional or decorative street lighting, the City will accept it for maintenance and operation. Otherwise the annexation area property taxes will support additional contract street lighting on Lynnwood. Streets - A traffic impact analysis is necessary to determine the need for traffic controls at the intersection of Lynnwood and Cleveland and for any access openings as shown on the site plan or as may be requested in the future. The traffic impact analysis study area should include existing or potential commercial frontage on Cleveland Road from Lynnwood Avenue to Lilac Road. Development in this annexation area will require curb and sidewalk on the east side of Lynnwood as well as any necessary upgrade of the existing sidewalk on Cleveland to meet City standards. Drainage Plan -Drainage facilities will be required to be constructed by the developer and meet the latest City of South Bend standards. Waivers of Annexation - No waivers of annexation are in effect for the Annexation Area. Public Work General Budget Analysis 2008 Actual Budget Report for the Department: Cleveland and Lynnewood Annexation Area 6 Expenditures: Miles of Roadway in City: Cost per Mile: New Mileage within Area: Estimated Maintenance cost for Annexation Area per year: $6,303,240 @480 @$13,131.75 @.077 miles (411 feet) @$1011 B. Police Department The Annexation Area would be expected to be added to the already existing BEAT 22. 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 already existing beat patrol at this time. The area under consideration is not expected to cause any unusual problems. Cost for servicing this area would be expected to be absorbed by the existing budget of the Police Department, as the addition of this area would not be significant to the point of having to increase any budgetary items. 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 and coordination of the conversion of the 911 emergency phone system for that area. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2008 Actual Budget Report for the Department: Expenditures: $27,354,426 Number of Households in City (2000): @42,908 Cost per Household: @637.51 Number of Parcels in City (2008): @48,685 Cost per Parcel: @$562 Proposed Number of Households in Area: 0 Number of new Parcels: 6 Cost for Annexation Area per year: $3,372 (6 parcels x $562 cost /parcel) C. Fire Department Fire Response -The City provides a fully staffed, full time fire department. The Annexation Area will be serviced primarily by Station #11, located at 3505 N. Bendix Road, approximately 0.6 miles away. Additional Fire Department units would respond Cleveland and Lynnewood Annexation Area 7 from Fire Station #7 located at 1616 Portage Avenue which is approximately 2.9 miles away and Fire Station #4 at 220 N. Olive St which is approximately 4.8 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. Emergency Medica/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 is currently being serviced by Medic #11, stationed at 3505 Bendix Drive. Upon incorporation, the Annexation Area will be serviced by Medic #4, also located at Fire Station #4, located at 220 N. Olive Street and Medic #3, located at Fire Station #2, 402 Martin Luther King Drive. 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. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2008 Actual Budget Report for the Department: Expenditures: Number of Households in City (2000): Cost per Household: Number of Parcels in City (2008): Cost per Parcel: Proposed Number of Households in Area: Number of new Parcels: Cost for Annexation Area per year: D. Code Enforcement Fire Department EMS Fund Fire Pension Fund $21,819,894 $1,013,542 $5,688,519 @42,908 @$509 @$24 @$33 @48,685 @$448 @$21 @$117 0 6 $2,688 $126 $702 Total Per Year Cost: $3,516 The Annexation Area will be added to Area 8. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times and with no additional increase in manpower. The Department will respond to calls for service upon the effective date Cleveland and Lynnewood Annexation Area 8 of the Annexation. Full and dedicated response will be in place within one year of the effective date of the Annexation. 2008 Actual Budget Report for the Department: Expenditures: $2,294,102 Number of Parcels in City (2008): @48,685 Cost per Parcel: @$47 Proposed Number of Parcels in Area: 6 Cost for Annexation Area per year: $282 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 not served by the Bureau of Solid Waste. The annexation will contain commercial buildings. A licensed private waste hauler will be required to serve this development. For reference purposes, the following Bureau of Solid Waste rates apply for residential customers: Single family rate: $8.80 per month. Senior rate: $5.50 per month. Duplex rate: $13.80 per month Tri-plex: $18.80 per month Quad: $23.80 per month Recycling fee: $1.97 per month 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 the 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 effect the provision of other services currently provided to this property on a county-wide 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 some of the county- wide agencies and their services that will continue to provide the same type and level of services to the Annexation Area. County-wide services will continue to be supported by the County and Township tax rates that will remain in effect. Cleveland and Lynnewood Annexation Area 9 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA As with any new development, the proposed use and development of this site becomes important relative to its relationship with the existing, surrounding, and planned uses. City Plan's Future Land Use Map identifies the parcels adjacent to Cleveland Road between Lynnewood and Lilac to be developed for commercial purposes. As such, this annexation and rezoning request is consistent with City Plan, South Bend's comprehensive plan. The Annexation Area is an approximately 4.92 acres in size. Adjacent land in unincorporated St. Joseph County to the north is zoned "R" Residential, to the west is zoned '~B" Business, and the east is zoned "OB" Office Buffer. Significant commercial development has occurred, and is expected to continue, at the nearby Cleveland and Portage Road commercial node. In consideration of pedestrian safety and proper vehicular movement, it should be required as a condition of annexation that the Developer give very careful consideration to vehicular access and circulation as well as pedestrian movement for the annexation area. As such, the City Engineer, as a condition of annexation, has required that a traffic impact analysis be perform during the development review process. In addition to the traffic impact analysis referenced above, to the greatest extent possible, the north most entrance and exit on Lynnewood Avenue shall be aligned with the planned entrance and exit on Lynnewood Avenue for the German Township Library. Curb cuts along Lynnewood Avenue shall be engineered to impede Semi- Truck Trailers from turning north by constricting the turn-radius to the necessary degree. The developer must provide vehicular access to the annexation area from and to the parcels to the east if they are redeveloped for commercial purposes, and submit a site plan that indicates that the annexation area can accommodate this criterion. Spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting should be given additional review during the development review process to achieve development and design of the highest possible quality. Each storefront in the planed retail and financial buildings shall have a different facade, in keeping with new developments referred to as "lifestyle centers." No drive-through facilities will permitted in the northern-most building to reduce noise pollution to the neighboring residential properties. No curbs will be permitted along Lynnewood Avenue to reduce the visual disconnect between the elevation of the roadway and the development site. Building plans and other information to satisfy the requirements noted above must be Cleveland and Lynnewood Annexation Area 10 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. Cleveland and Lynnewood Annexation Area 11 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 parcels 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 provide 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: 2007 payable 2008 tax rates, 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. 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 will not be required or possibly requested for many years. Hence, the cost of providing services over the first five should be evaluated with this in mind. Cleveland and Lynnewood Annexation Area 12 TABLE 1 Summary Table -Estimated Fiscal Impact Utilizing New 3% Property Tax Cap on Businesses* Expenditures Capital (est.) Non -Capital Per Year (est.) 5-Year Sewer Extension $0.00 n/a $0.00 Water Extension $0.00 $0.00 Street Lights $0.00 $0.00 Police $3,372 $16,860 Fire &EMS $3516 $17,580 Code $282 $1,410 Street Maintenance $1011 $5,055 Street Construction $0.00 $0.00 Approximate 5-Year Cost $40,909 Revenues Tax Year @ Property Taxes (est) unincorporated 07/08 NA (year 1; 2009) 08/09 $15,000 (year 2; 2010) 09/10 $45,000 (year 3; 2011) 10/11 $90,000 (year 4; 2012) 11/12 $150,000 (year 5; 2013) 12/13 $210,000 Note: All Revenues estimated & cumulative MVH/LRSA estimated from 2001 revenue/mile @ 11 340 x 5 years $4,366 Approximate 5-Year Revenue $214,366 Estimated full net assessment in 2012: $2,000,000.00 Estimated tax income per year after full development potential is reached in 2012: ($2,000,000.00 X 0.03 =$60,000) $60,000.00. Please know that under the former property tax system the estimated tax income per year after full development would be $80,000.00, and the approximate 5-year revenue would be $284,366 (a $70,000 difference). *Based upon preliminary understanding of law passed on 3/14/08. Cleveland and Lynnewood Annexation Area 13 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this day of .2008. C/eveland and Lynnewood Annexation Area 14 TABLE 2 TAX RATE INFORMATION -German Township 2006 Payable 2007 GERMAN % OF SOUTH BEND % OF TAX RATE FUND TOWNSHIP TOTAL RATE GERMAN TOTAL RATE DIFFERENTIAL Total State Rate 0.0024 0.08% 0.0024 0.05% Total County Rate 0.4581 15.52% 0.4581 9.35% Township Fund 0.0098 0.0098 Poor Relief Fund 0.0019 0.0019 Fire Fighting Fund 0.0793 0 -0.0793 Township Recreation Fund 0.0008 0.0008 Fire Equipment Debt Fund 0.0426 -0.0426 Cumulative Fire 0.0185 -0.0185 Total Township Rate 0.1529 5.18% 0.0125 0.26% Rate Decrease: -0.1404 Total School Rate 1.5419 52.24% 1.5419 31.47% Total Library Rate 0.1957 6.63% 0.1957 3.99% Total City/Town Rate 0 2.1046 42.96% 2.1046 Total Redevelopment 0 District Rate 0.0615 1.26% 0.0615 Total Airport Rate 0.0277 0.94% 0.0277 0.57% South Bend Transpo 0 0.0821 1.68% 0.0821 Rate Increase: 2.2482 TOTAL TAX RATES 2.9514 80.60% 4.8995 91.57% 2.1078 Source: St Joseph County Auditor Certified Tax Rates Charf Cleveland and Lynnewood Annexation Area IS LEGAL DESCRIPTION PFiz2CEL I. {ANNEXATION AND REZONING TO "C$" COMMUNITY Bt7SINES5 ATSTRICT) . THAT PART OF' THE SOUTHEAST 4t3ARTER OF SECTION 22, TOWNSHIP 38 NORTH, FLANGE 2 EAST, GERt~lAN TO~~*7S~iIP, ST. JOSEPH COUNTY, INDIAN?, WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH LINE OF CLEVELAND ROAD AND THE 4iEST LT_NE OF LYNNEWOOD AVENt7Ei; fii~ENCE N. QO°-00' -00" W. {ALL BEARINGS ASSUMED) , 4I1.00 FEET MORE OR LESS; THENCE N. 90°-00`-00" E., 460.00 FEET MORE OR LESS; WHENCE S. fl0°-00'-00" E., 33.00 FEET NORE OR LESS; THENCE N. 90°-04'-00" E., 80.00 FEET D40RE CR LESS; THENCE S. 00°-00' -QO" E, , 318.00 FEET MORE OR LESS TO THE NORTS LINE OT' SAID CLEVELAND ROAD? TI~ENCES. 90°-00` -00" W. ALONG SAID NORTH LIIv'E, 540.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4,92 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Cleveland and Lynnewood Annexation Area 16 MAP 1 Cleveland a~ad Lynnewood Annexation Area ,, v ,;>> _,,`r -~~ IN. dC~',t~ ~c ~r~EtD, I-80 t_' ~ .Trader m '~ t' I I _ c ~'~', Trader ~ a. a ~~ _ ,~ ~_ ~~ ~ _ ,, _~ ~I~ Bow Map provided by The City of South Bend GIS - 2007 tY Annexation Area City Limits 0 533 Feet North February 2008 SpUTN BF pF V~1t~i11 ~~~,'1Q iv ~\ ij zi Community & Economic Development ,~~~~-E~"z r ~-. a Division of Community Development '-1865_ 1200 County-City Building, 227 West Jefferson, South Bend, Indiana 4b601-1830 • Phone 574/235-9371 • Fax 574/235-9021 T o : Timothy Rouse , Common Council President A I K i r s i t s, Zoning and Annexation Committee Chair From: 7eff Vitton,CityPlanner'-- ~~ Subject: Cleveland & Lynn wood Annexation Area Date: April 21, 2008 On the evening of April 28, 2008 the Cleveland and Lynnewood Annexation Area will be considered by the Zoning and Annexation Committee and the Common Council. The purpose of this correspondence is to advise you that the Fiscal Plan for the Cleveland and Lynnewood Annexation Area has been amended since its approval by the Board of Public Works on March 24, 2008. After the Board of Public Works Meeting on March 24th the petitioner, Steve Cooreman, his consultant, Mike Danch, the City Engineer, Carl Littrell, and I met to discuss the planned improvements and conditions of annexation. Through this meeting it was determined that the following requirements be established as a condition of annexation: • To the greatest extent possible, the north most entrance and exit on Lynnewood Avenue shall be aligned with the planned entrance and exit on Lynnewood Avenue for the German Township Library. The purpose of this requirement is to reduce vehicular and pedestrian conflict between the exits of both developments. • Curb cuts along Lynnewood Avenue shall be engineered to impede Semi-Truck Trailers from turning north by constricting the turn-radius to the necessary degree. The purpose of this requirement is to reduce the probability of Semi-Trucks Trailers going through the residential area to the. north. Since Lynnewood is not a thru-street there is not a high probability of this occurring in the first place. • The deve%per must provide vehicular access to the annexation area from and to the parcels to the east if they are redeye%ped for commercial purposes, and must submit a site plan that indicates that the annexation area can accommodate this criterion. This requirement is to ensure that if the land immediately adjacent to the Annexation Area along Cleveland is redeveloped for commercial purposes that the two areas be connected so vehicles going to and fro will not have to exit onto Cleveland. Thereby, reducing congestion on Cleveland. • Each storefront in the planned retai/and financial buildings shall ha ve a different facade, in keeping with new deve%pments referred to as "lifestyle centers "The purpose of this requirement is to ensure the architectural appeal of the development. What We Do Today Makes A Difference • No drive-through facilities will. be permitted in the northern-most building to reduce noise pollution to the neighboring residential properties • No curbs will be permitted along Lynnewood .Avenue to reduce the visual disconnect between the e%vation of the roadway and the deve%pment site. The preceding requirements are present in the revised Fiscal Plan and the Common Council resolution that will receive second reading and public hearing on the evening of.April 28, 2008. Please know that Community and Economic Development supports this request as it is consistent with City Plan: South Bend's 20 Year Comprehensive Plan. Furthermore, the aforementioned conditions of annexation will aid in supporting harmonious land-use integration with the residential area to the north. The petitioner is aware of and has agreed to these additional conditions of annexation. Building plans and other information to satisfy requirements of state and local law 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. Per the Assistant City Attorney, Aladean DeRose, please know that the Indiana Supreme Court's decision in the case of Carmel v. Southwest Clay Township (2007) gives a city broad discretion to amend a fiscal plan, up to the date the Common Council adopts the fiscal plan itself. George Adler will be presenting the Fiscal Plan on Community and Economic Development's behalf, as I will be out of-town. If you have particular questions on this annexation ahead of time please contact me at 235-5827 or~itton@southbendin.gov. cc: Mayor Steve Luecke Members, South Bend Common Council Kathy Cekanski-Farrand, Attorney for the Common Council Aladean DeRose, Assistant City Attorney Janice Talboom, Deputy City Clerk Carl Littrell, City Engineer George Adler, Community Development Steve Cooreman Mike Danch Filed n 11 CC erk's Office APR 2 3 2043 JOHN VOORDE CITY CLtSR, S0.8END, {N. What We Do Today Makes A Difference!