HomeMy WebLinkAboutFiscal Plan for Stadium Place Annexation Area Clay TownshipRESOLUTION
3913-08
Passed by the Common Council of the City of South Bend, Indiana
October 27,
Attest:
08
20
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October 28, 20 08
Approved and signed by me October 28, 2008
n~
City Clerk
RESOLUTION NO. ~~ ~ 3 -0~
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
(STADIUM PLACE 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 0.95 acres
of land, containing one single family structure, which property is at least 12.5% contiguous to the
current City limits, i.e., approximately 45.2% contiguous, generally located on the east side of
Burdette Street just north (roughly 185 feet) of the intersection with Vaness Street. It is
anticipated that the annexation area will be developed for a residential planned unit development
(PUD) with 36 to 45 residents, to zoned as such. This development will require a basic level of
municipal public services of anon-capital improvement nature, including police and fire
protection, street and road maintenance, street sweeping, flushing, and snow removal, 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 anon-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 anon-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 Clay Township, St. Joseph County,
Indiana be annexed to the City of South Bend:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31,
TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS:
BEGINNING AT A POINT THAT IS NORTH 184.64 FEET MORE OR
LESS FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY
LINE OF BURDETTE STREET AND THE NORTH RIGHT-OF-WAY
LINE OF VANESS STREET; THENCE NORTH ALONG SAID EAST
RIGHT-OF-WAY LINE, 82.85 FEET MORE OR LESS; THENCE
WEST, 60.00 FEET MORE OR LESS, TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF SAID BURDETTE STREET; THENCE
NORTH ALONG SAID RIGHT-OF-WAY LINE, 46.70 FEET MORE
OR LESS; THENCE EAST, 356.00 FEET MORE OR LESS; THENCE
SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR
LESS, TO THE POINT OF BEGINNING.
CONTAINING 0.95 ACRES MORE OR LESS.
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 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. 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 needed
sewer or water extensions to the project site or improvements in sewer or water capacity to be
paid for by the developer; 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. In consideration of pedestrian safety and proper vehicular movement, it is
required as a condition of rezoning and annexation that the developers give very careful
consideration to vehicular access and circulation as well as pedestrian movement for the
developments within the annexation area. In this regard, the annexation and rezoning is subject
to the following conditions: 1) vehicular access to Burdette Street on the west side of hotel/condo
site should be eliminated and a vehicular access created along Vaness Street. 2) the elimination
of gates and other devices that restrict access to the developments in order to create a gated
community. 3) the installation of public infrastructure along the appropriate frontage of each site,
including standardizing the width of Vaness Street according to City standards.
It is required that the annexation area integrate harmoniously with the surrounding residential
areas. It should also be required 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 per the South Bend zoning ordinance standards.
Building plans and other information to satisfy all requirements imposed in this Resolution 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.
~.
~ ~•
Member, Sout nd Common Council
+~'~~~LNl ~D ~, Q -Z~~B'
!'JOT APPROVED
^,DOPTEQ `C"~ ~Z1-O~
Filed nt~~k'~ ®~~-ce
OCT 2 1 2008
JpNFl ~'S0. E3Et`D, IN.
C17Y CIER~t,
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
08-92 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, STADIUM PLACE
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.
Derek D. Dieter
Chairperson, Committee of the Whole
c
'I'HE CITE' OF S®IJ'I'H BEI~TI3
~I S CAIJ l~I~T
~~rA~~~M ~LAC~ A~~~~AT~®~ A~~A
Stephen J. Luecke -Mayor
~ South Bend Citv Council
Derek Dieter
Heni~r Davis Jr.
Tom LaFountain
Ann Puzzello
David Varner
Oliver Davis ~
Al Kirsits
Timothy Rouse
Karen White
yg9
R
Prepared By:
Division of Community Development
227. W. Jefferson Blvd. Suite 1200 N
South Bend, IN 46601
Pamela C. Meyer, Director
Jeff Vitton, Planner
Exhibit "A"
August 26, 2008
1
:
{
Stadi~mt Village 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 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 generally located on the east side of Burdette Street just north
(roughly 185 feet) of the intersection with Vaness Street. See Map 1.
B. Legal Description
The Annexation Area is part of the Southeast Quarter of Section 31, Township 38 North,
Range 3 East, Clay Township, St. Joseph County, Indiana. For a complete legal description
see Page 15.
C. Contiguity
The Annexation Area is at least 1/8 (12.5%) contiguous to the current City limits:
Contiguous 438.85 feet 45.2%
Non-Contiguous 532.50 feet 54.8%
Total .971.35 feet 100%
D. Size of Annexation Area
The Annexation Area is 0.95 acres in area.
E. Buildings and Land Use
The site currently contains one single-family structure and a vacant lot. The land is slated to
be used for a residential planned unit development with 36 to 45 residents.
Stadit~na village Annexation Area 5
SECTION III. MUNICIPAL SERVICES
A. Public Works
Sewer - The developer of Stadium Place is the same as developed Stadium Village. The ten
inch diameter public sewer available to Stadium Village on Willis Street was extended into the
development with eight inch diameter pipe. That sewer will be extended further as a public
facility into the Stadium Place annexation area. Revenue from customers on this sewer will
be sufficient to operate and maintain the facility without burden to other ratepayers.
Water -There are 6" mains on .Willis and Burdette that loop through Irish Crossings nearby
the Annexation Area. A flow test on 8/17/00 indicated a static pressure of 54 p.s.i., a residual
pressure of 43 p.s.i., and a flow rate of 1074 g.p.m. The flow should provide adequate
capacity for the annexed area but continued development in this area will require installation
of a larger diameter main.
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 -The developer of this property will be required to install a street lighting
system. Additional revenue to the General Fund from this annexation area will be sufficient to
pay for street light operations.
Waivers of Annexation - No waivers of annexation are in effect for the Annexation Area.
Streets - No new public streets have been proposed for this development. One small segment
of Burdette Street will be annexed. This segment cannot be effectively operated and
maintained by the City. As such, this street segment will remain on the St. Joseph County
inventory for maintenance until such time as additional annexation occurs.
Drainage Plan -Drainage facilities will be required to be constructed by the developer and
meet the latest City of South Bend standards.
General Budget Analysis
2008 Actuai Budget Report for the Department:
Expenditures: $6,303,240
Miles of Roadway in City: @480
Cost per Mile: @$13,131.75
New Mileage within Area: @.OOmiles (feet)
Estimated Maintenance cost
for Annexation Area per year: @$0
B. Police Department
The Annexation Area would be expected to be added to the already existing BEAT 11. Police
patrols, traffic enforcement, and emergency responses will be part of the services the City will
Stadium Village Aruaexatio~i Area ~
Medic #11, located at Fire Station #11 at 3505 N. Bendix. Upon incorporation, the Annexation
Area will be serviced by Medic #3, located at Fire Station #2, 430 Dr. Martin Luther King
Drive, which is approximately 2.6 miles away and Medic #2, located at Fire Station #1, 1222
S. Michigan St.
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
22
2
$896 $252 $234
Total Per Year Cost: $1,382
The Annexation Area will be added to Area 4.
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.
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: 2
Cost for Annexation Area per year: $94
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 multi-family residential units. These uses will have
Stadium Village Annecation 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 uses. City P/an, South
Bend's comprehensive plan, notes that land use relationships, pedestrian movement/safety
and vehicular site access are important elements to be addressed in developments of all
kinds. City P/an also expresses a need to consider how buildings relate to the street. Building
design that is sensitive to massing, shape, scale and finishes will ensure that private
development will enhance and reinforce the City's commitment to development and design of
the highest quality.
Please note that this development includes land (1. 83 acres) already within the jurisdiction of
the City of South Bend, and the total site (including the proposed annexation area) is 2.78
acres.
Land Use-Transportation Analysis
The parcel directly north of the site is a vacant lot zoned "R" Residential in unincorporated St.
Joseph County. Two parcels to the north is the site of the large scale condo development of
Irish Crossings in unincorporated St. Joseph County. Properties to the east, on the west side
of Willis Street, are zoned "R" Residential in the County. The parcels to the south were
incorporated into the City of South Send through the Stadium Village Annexation Area. These
parcels are part of the rezoning in question and two buildings are currently under
construction. Nearby, an auto repair shop is located on the northeast corner of Vaness and
Willis and the Turtle Creek apartment complex is on the south side of Vaness.
The Annexation Area is located between ahigh-density area in the City, and a low density
unincorporated area which is becoming more urban in character.
Vaness Street is a direct pedestrian and vehicle connection between the University of Notre
Dame campus and the existing, high density uses along the south side of Vaness and State
Road Z3. With the completion of there-alignment of Ivy Road, the pedestrian and vehicular
traffic can be expected to increase in this area. Futhermore, more medium-density residential
development should be expected to continue given market-demand. Vaness Street has a
varying right-of-way width of anywhere from 44' to 60'. Willis Avenue has a 60' right-of-way.
The standard right-of-way width for City streets is 60'. Non-standard rights-of-way create
challenges when improvements to the public infrastructure is required or needed.
And as noted, Vaness is an increasingly busy pedestrian and vehicle corridor. Resultantly,
daily traffic volume is anticipated to increase and vehicular patterns will be altered. Moreover,
additional demands from the development will be placed on the City of South Bend's
infrastructure. It is anticipated that Vaness Street will require safety improvements through
widening and traffic calming enhancements in the future.
The plans that have been unveiled represent three distinctively designed 3-story buildings
totaling 90 units, with the land annexed through Stadium Village. This annexation will enable
the construction of the third building with 24 units. The buildings set-backs and massing are
appropriate for the area, and enclose an interior parking area from view.
Due to the close proximity of the University of Notre Dame, it is anticipated that additional
requests to build medium density residential and limited mixed-use development will occur in
areas north of the annexation area. The City Plan Land Use Map notes that the area between
Stadium village Annetiation Area ~ ~
SECTION V. FYSCAL 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. Property tax revenues based upon full imp{ementation of HEA 1001.
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
t-he 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.
Stadium Village Annexatio~z Area 13
A. Revenue estimate based on $150,000 average per unit assessed value for 24 attached
single-family units, taxed at one percent of assessed value. Please note that this is a low-end
revenue estimate as the units may be purchased for rentals which would increase the tax rate
to two percent. This is only in relation to the building which will be built upon the proposed
annexation area.
B. Total estimated assessed value: $3,600,000.00 (24 x $150,000.00)
C. Total estimated per year tax revenue: $36,000.00 (3,600,000.00 x 0.01)
Starlium Village Annexation Area ~S ,~., n
TABLE 1
TAX RATE INFORMATION -Clay Township
2005 PAYABLE 2006
Clay % OF SOUTH BEND % OF TAX RATE
FUND TOWNSHIP TOTAL RATE Clav TOTAL RATE DIFFERENTIAL
Total State Rate 0.0024 0.08% 0.0024 0.05%
Total County Rate 0.5002 16.22% 0.5002 9.72%
Township Fund 0.0154 0.0154
Poor Relief Fund 0.005 0.005
Fire Building Debt Fund 0.0211 0 -0.0211
Spcl. Fire Dist General 0.1926 0 -0.1926
Spcl. Fire Eqpt Replace 0.0205 0 -0.0205
Poor Relief Debt 0 0
Cumulative Fire 0 0
Total Township Rate 0.2546 8.26% 0.0204 0.40%
Rate Decrease: -0.2342
Total School Rate 1.6033 52.00% 1.6033 31.16%
Total Library Rate 0.2027 6.57% 0.2027 3.94%
Total City/Town Rate 0 2.1795 42.35% 2.1795
Total Redevelopment
District Rate 0 0.032 0.62% 0.032
Total Airport Rate 0.0301 0.98°1° 0.0301 0.58%
South Bend Transpo 0 0.0856 1.66% 0.0856
Rate Increase: 2.2971
TOTAL TAX RATES 3.083 84.12% 5.1459 90.48% 2.0629
Source: St Joseph County Auditor Tax Records- Certified Tax Rates 05 pay O6
Sho~t>>z for i~ifo~-naational pug poses only, HEA 1001 will cap propej•ty taxes a one percetat of
assessed 1~alate for otivner-occupied properties, ttit~o perce~tt for r etztal properties, and three percent
for connnercial properties.
Stadiinn (/illage Arn~iexation Area /7
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Stadium Place Annexation Area
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