HomeMy WebLinkAboutFiscal Plan for 54908 Ivy Road (Court) Annexation Area Clay TownshipRESOLUTION
3914-08
Passed by the Common Council of the City of South Bend, Indiana
October 27, 08
20
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
October 28, 2Q 08
City Clerk
President of Common Council
Approved and signed by me October 28, 20 08
City Clerk
~'
RESOLUTION NO. 3~ ~ l -O~
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
(54908 IVY ROAD (COURT) 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 0.78 acres
of land, containing one single family structure, which property is at least 12.5% contiguous to the
current City limits, i.e., approximately 40.45% contiguous, generally located at 54908 Ivy Road.
It is anticipated that the annexation area will be developed for a mixed use project with retail
uses on the first floor and residential uses on the second floor. 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 azea within one (1) yeaz
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 similaz topography, patterns of land use, and
population density; (5) that services of a capital improvement nature will be provided to the
annexed azea within three (3) years after the effective date of the annexation within the same
manner as those services aze provided to azeas within the corporate boundaries of the City of
South Bend regazdless 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:
A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38
NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA, MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE
NORTHWEST CORNER OF. LOT # 9 OF THE RECORDED PLAT OF THE
"TOWN OF SCHROEDERSVILLE ", RECORDED JULY 29, 1893 IN THE
OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN
PLAT BOOK 6, PAGE 79; THENCE ALONG THE EAST LINE OF LOT # 9
AND LOT # 8 IN SAID PLAT, S. 00°52'09" E., 136.00 FEET MORE OR LESS
TO THE SOUTHWEST CORNER OF SAID LOT # 8; THENCE ALONG THE
SOUTH LINE OF SAID LOT # 8 AND ITS EASTERLY EXTENSION, N.
89°07'51" E., 181.15 FEET MORE OR LESS TO A POINT ON THE EAST
RIGHT- OF- WAY LINE OF AN EXISTING 14 FT. WIDE PUBLIC ALLEY;
THENCE ALONG THE EAST LINE OF SAID ALLEY, S. 00°52'09" E., 81.98
FEET MORE OR LESS; THENCE ALONG THE EASTERLY EXTENSION OF
THE SOUTH LINE OF A 14 FT. WIDE PUBLIC ALLEY, S. 89°03'20" W.,
251.15 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT- OF-
WAY LINE OF IVY ROAD (A.K.A. IVY COURT); THENCE ALONG SAID
WEST LINE, N. 00°52'09" W., 81.38 FEET MORE OR LESS, THENCE
CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE ALONG
A CURVE TO THE LEFT HAVING A RADIUS OF 253.00 FEET, MORE OR
LESS AND HAVING AN ARC DISTANCE OF 105.08 FEET MORE OR LESS
TO THE END OF A CHORD BEARING N. 29°14'35" W. AND HAVING A
DISTANCE OF 104.32 FEET MORE OR LESS TO A POINT ON THE EAST
LINE OF TWYCKENHAM DRIVE; THENCE ALONG THE EASTERLY
EXTENSION OF SAID RIGHT-OF-WAY LINE, N. 21°11'38" E., 48.71 FEET
TO A POINT ON THE NORTH LINE OF LOT # 28 IN SAID PLAT; THENCE
ALONG THE NORTH LINE OF SAID LOT AND ITS EASTERLY
EXTENSION, N. 89°07'51" E., 101.28 FEET MORE OR LESS TO THE POINT
OF BEGINNING.
CONTAINING 0.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL
HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD.
Section II. It shall be and hereby is now declazed 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 azeas 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, it is required that the development
include sidewalks built to City standards along the reconfigure Ivy Road (AKA Ivy Court).
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. In this regard, the development is required to mask residential parking areas to the
greatest extent possible through building placement and landscaping.
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, South~~id Common
PRESENTED ~ d'Z'~_O~
NOT APPROVED
ADOPTED (, O -L"1-~~
F~1~~ iCi ~~Vi°~'~ of~ICB
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
08-93 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, 54908 IVY ROAD
COURT 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
THE CITY OF SOUTH BEND
FISCAL PLAN
54908 IVY ROAD (COURT) ANNEXATION AREA
Stephen J. Luecke -Mayor
South Bend City Council
Derek Dieter
Henry Davis Jr. ._-
Tom LaFountain
Ann Puzzello e.
David Varner
Oliver Davis
Al Kirsits
Timothy Rouse
Karen White
Prepared By:
Division of Community Development
227 W.~Jefferson Blvd. Suite 1200 N
South Bend, IN 46601
Pamela C. MeyerDirector
Jeff Vitton,,Planner
Exhibit "A"
October 1, 2008
54908 Ivy Road (Court) 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 .............................................................. 12
Fiscal Impact: TABLE 1 ........................................................... 13
SECTION VI. APPROVAL ....................................................................... 14
Tax Rate Information: TABLE 2 ....................................................... 15
Legal Description :.......................................................................... 16
Map: MAP 1 ..................................................................................... 17
54908 Ivy Road (Court) 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 at 54908 Ivy Road, which is now commonly referred
to as the Ivy Court cul-de-sac and includes a significant amount of right of way considering
the size of the annexation area. It should be noted that the right of way that does not have
direct frontage to the parcel being annexed abuts property already within the corporate limits
of the City.
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. ]oseph 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 399.13 feet 40.45%
Non-Continuous 587.60 feet 59.55%
Total 986.73 feet 100%
D. Size of Annexation Area
The Annexation Area is 0.78 acres in area.
54908 Ivy Road (Court) Annexation Area 4
E. Buildings and Land Use
The site currently contains one single-family detached structure. Generally speaking, the
annexation area is surrounded by the University of Notre Dame and medium to high density
uses save for some single family residential structures directly to the north.
F. toning & Subdivisions
The site is zoned "R" Residential in unincorporated St. Joseph County. It is proposed to be
zoned "SF1" Single Family Residential upon approval of the City Council and incorporation into
the City of South Bend. It is anticipated that rezoning to "MU" Mixed Use will be sought in the
future.
G. Population
One (1) person currently resides in the Annexation Area.
H. Tax Rate
Based upon a preliminary understanding of HEA 1001 the tax rates for different classifications
of property are as follows irregardless of being within South Bend or unincorporated St.
Joseph County.
Pro ert T e
2009 After
2009
Homestead 1.5% 1.0%
Non-Homestead
Residential
2.5%
2.0%
A ricultural 2.5% 2.0%
Other commercial 3.5% 3.0%
I. Assessments
2007 payable 2008, St. Joseph County Auditor property tax records:
Land and Improvements
Net: $46,100.00
J. 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
Annexation.
54908 Ivy Road (Court) Annexation Area 5
SECTION III. MUNICIPAL SERVICES
A. Public Works
Sewer - A twelve inch (12") diameter public sewer is available on Ivy Road to serve this one lot
annexation area. Revenue from customers on this sewer will be sufficient to operate and
maintain the facility without burden to other ratepayers.
Water -There is an 8" water main that provides service from Edison Road to Jamison Inn
development south of the Annexation Area. The main terminates at a fire hydrant about 150
feet south of the property at 54908 Ivy Road. A short main extension will be required to reach
the annexed area at the developer's expense.
No recent flow test data is available for Ivy Road. The static pressure will be about 55 psi and
there should be adequate capacity for the annexed area.
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.
Waivers of Annexation - No waivers of annexation are in effect for the Annexation Area.
Streets -The University of Notre Dame and Saint Joseph County constructed Twyckenham Drive.
The Twyckenham alignment included some segments of Ivy Road, but deviated from that
alignment in several areas including the region of this annexation area. The Twyckenham project
included construction of "Ivy Court" to provide access to properties fronting Ivy Road, including
this annexation area. The new streets were dedicated to St. Joseph County in 2006. Several
segments of Ivy Road were demolished and removed as part of the project. That includes a
segment within this annexation area. Petitions to vacate the right of way segments have been
prepared by an engineering consultant and surveyor but they have not been submitted to the
County Council for action.
As there is no continuity between the City of South Bend street network and the small segment of
Ivy Court in this annexation area. The street segment should remain on Saint Joseph County's
inventory for maintenance and fuel tax reimbursements.
Drainage P/an -Drainage facilities will be required to be constructed by the developer and
meet the latest City of South Bend standards.
General Budget Analysis
2008 Actual 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
54908 Iw Road (Court) Annexation Area 6
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
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.
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
possibly 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 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.
Househo/d 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: Not Available
Number of new Parcels: 1
Cost for Annexation Area per year: $562 (2 parcels x $562 cost /parcel)
C. Fire Department
Fire Response -The City provides a fully staffed, full time fire department housed in 12 fire
stations strategically located throughout the city. The Annexation Area will be serviced
primarily by Station #3, located at 1805 Mckinley Avenue, approximately 1.6 miles away.
Additional Fire Department units would respond from Fire Station #2 located at 430 Dr.
Martin Luther King Drive which is approximately 2.6 miles away and Fire Station #7 at 1616
Portage Ave., which is approximately 2.8 miles away and Fire Station #9 at 2520 Mishawaka
Av which is approximately 3.3 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.
54908 Ivy Road (Court) 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 is currently being serviced by
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
Not available
1
$448 $21 $117
Total Per Year Cost: $586.00
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: 1
Cost for Annexation Area per year: $47
E. Environmental Services
54908 Iw Road (Court) Annexation Area 8
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 eventually contain multi-family residential units and
commercial. These uses will have centralized waste collection locations. A licensed private
waste hauler will be required to serve these developments. As single-family, duplex units are
constructed, The Division of Environmental Services could service them at the rates noted
below.
For reference purposes, the following Bureau of Solid Waste rates apply for residential
customers effective September 1, 2008:
.Single family rate: $10.56 per month
Senior rate: $ 6.34 per month
Duplex rate: $16.56 per month
Tri-plex: $22.56 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 CountyJSouth 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.
54908 Ivy Road (Court) 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 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.
Land Use-Transportation Analysis
The Annexation Area will be developed in conjunction with the two parcels (024-1105-5292
and 024-1105-5294) to the north of 54908 Ivy Road. As such this analysis will view the
development holistically. To west of the Development Area is the University of Norte Dame, to
the east is medium-density residential (Jameson & Turtle Creek), to the north is single-family
residential, and to the south is commercial property.
The Development Area is located off of a cul-de-sac known as Ivy Court, along the alignment
of the former Ivy Road, which connects to the recently constructed portion of Twyckenham.
The entrance to the Ivy Court Inn is located is off of this cul-de-sac.
The surrounding area to the east of the University of Notre Dame has experienced relatively
high levels of growth in the form of medium density residential condos and apartments, and is
expected to continue until market demand is met.
Given the surrounding land-uses and recent transportation enhancements, future rezoning to
"MU" Mixed Used or "MF" Multi-Family are acceptable land-uses pending asite-plan that
satisfies the Development Criteria found below.
Please note, that this petition only regards the proposed annexation. A rezoning petition to
another land-use will occur in the near future pending a favorable outcome of this petition,
and the Annexation Area will be zoned "SF1" Single Family Residential until that time.
Development Criteria
The current development concept for the Annexation Area is a "MU" Mixed Use building with a
12,000 Square Feet retail component on the first floor and 10 residential units on the second
floor. This form of development is unique to the immediate area, and City Plan notes that this
form of development benefits the community by:
• Helping create a sense of place
• Maximizing use of land by supporting sustainable land development
• Maximizing use of existing public infrastructure
City Plan also notes that Mixed Use development can encourage positive pedestrian activity.
However, it is important to note that traditional cul-de-sacs are known for being an
impediment to pedestrian activity by reducing connectivity. As such, in consideration of
rezoning and annexation it is required that the developers give very careful consideration to
vehicular access and circulation as well as pedestrian movement within the annexation area.
54908 Ivy Road (Court) Annexation Area 10
Sidewalks adjacent to the development will be required.
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. It is required that the annexation area integrate
harmoniously with the surrounding residential areas. If feasible, residential parking areas
shall be located in the rear of the building to minimize the size of the parking lot in front and
make more desirable front set-backs feasible. If the "MU" Mixed Use development concept is
not pursued in favor of "MF" Multi-Family development the parking area shall be located to
the rear of the building to the greatest possible extent in order to minimize the view of the
parking area from Twyckenham and make more desirable front set-backs possible.
Building plans and other information to satisfy these requirements must be submitted by the
developer to the City as part of the development review process. Failure to comply with all the
conditions may result in the City's repeal of annexation.
54908 Iw Road (Court) 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. Property tax revenues based upon full implementation 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
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.
54908 Ivy Road (Court) Annexation Area 12
TABLE 1
Summary Table s Estimated Fiscal Impact
Expenditures Capital (est.) Non -Capital
Per Year (est.) 5-Year
Sewer Extension $0.00 To be
installed by
developer
$0.00
Water Extension $0.00 To be
installed by
developer
$0.00
Street Lights
$0.00 To be
installed by
developer
$0.00
Police $0.00 $562 $2,810.00
Fire &EMS $0.00 $691 $3,455.00
Code $0.00 $47 $235.00
Street Maintenance 0.00 $0 0
Street Construction $0.00 To be
installed by
developer
$0.00
Approximate 5-Year Cost $6,500.00
Revenues Tax Year @
Property Taxes
(est) unincorporated
(year 1; 2009) 06/09 $1,383
(year 2; 2010) °Build Out" Year 07/10 $ 56,583
(year 3; 2011) 08/11 $ 111,783
(year 4; 2012) 10/12 $ 166,983
(year 5; 2013) 11/13 $ 222,183
Note: All Revenues estimated &
cumulative
MVH/LRSA estimated from 2001
revenue/mile
@$11,340
X 5 years
$0
Total $222,183
54908 Iw Road (Court) Annexation Area 13
A. Revenue estimate is based upon nearby comparable assessed values in Clay Township for
attached residential units ($150,000 per unit) taxed at two percent of assessed value, and for
comparable retail property ($70 per square foot) taxed at three percent of assessed value.
B. Total estimated assessed value:
10 Apartments @ $150,000 per unit: $1,500,000
12000 Sq. Ft Retail (a $70 per Sq Ft.: $840,000
Total : $2,340,000
C. Total estimated per year tax revenue:
Apartments: $1,500,000(0.02)= $30,000
Retail: $840,000(0.03,= $25,200
Total: $55,200
54908 Ivy Road (Court) Annexation Area 14
SECTION VI. APPROVAL
Approved by the City of South Bend Common Council this day of
2008.
54908 Ivy Road (Court) Annexation Area 15
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°l0 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% 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 06
Shown for informational purposes only, HEA 1001 will cap property taxes a one percent of
assessed value for owner-occupied properties, two percent for rental properties, and three percent
for commercial properties.
549D8 Ivy Road (Court) Annexation Area 16
ANNEXATION LEGAL DESCRIPTION:
A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3
EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY
DESCRIBED AS; BEGINNING AT THE NORTHWEST CORNER OF LOT # 9 OF THE
RECORDED PLAT OF THE "TOWN OF SCHROEDERSVILLE ", RECORDED JULY 29,1893 IN
THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 6,
PAGE 79; THENCE ALONG THE EAST LINE OF LOT # 9 AND LOT # 8 IN SAID PLAT, S.
00°52'09" E.,136.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID LOT # 8;
THENCE ALONG THE SOUTH LINE OF SAID LOT # 8 AND ITS EASTERLY EXTENSION, N.
89°07'51" E.,181.15 FEET MORE OR LESS TO A POINT ON THE EAST RIGHT- OF- WAY LINE
OF AN EXISTING 14 FT. WIDE PUBLIC ALLEY; THENCE ALONG THE EAST LINE OF SAID
ALLEY, S. 00°52'09" E., 81.98 FEET MORE OR LESS; THENCE ALONG THE EASTERLY
EXTENSION OF THE SOUTH LINE OF A 14 FT. WIDE PUBLIC ALLEY, S. 89°03'20" W., 251.15
FEET MORE OR LESS TO A POINT ON THE WEST RIGHT- OF- WAY LINE OF IVY ROAD
(A.K.A. IVY COURT); THENCE ALONG SAID WEST LINE, N. 00°52'09" W., 81.38 FEET
MORE OR LESS, THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 253.00 FEET, MORE OR LESS AND
HAVING AN ARC DISTANCE OF 105.08 FEET MORE OR LESS TO THE END OF A CHORD
BEARING N. 29°14'35" W. AND HAVING A DISTANCE OF 104.32 FEET MORE OR LESS TO A
POINT ON THE EAST LINE OF TWYCKENHAM DRIVE; THENCE ALONG THE EASTERLY
EXTENSION OF SAID RIGHT-OF-WAY LINE, N. 21 ° 11'3 8" E., 48.71 FEET TO A POINT ON
THE NORTH LINE OF LOT # 28 IN SAID PLAT; THENCE ALONG THE NORTH LINE OF SAID
LOT AND ITS EASTERLY EXTENSION, N. 89°07'51" E.,101.28 FEET MORE OR LESS TO THE
POINT OF BEGINNING.
CONTAINING 0.78 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD.
Fi1e In Cier4c'~ C~ftce
OCT 2 ~ 20~~
JOHN VOOAAD~ND, IN.
CITY CLGt°,~, S0.
54908 Ivy Road (Court) Annexation Area 1 ~
ANNEXATION DIAGRAM ~~~~:
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r" ANNEXATION PARCEL
cln qQ ! 0.78 ACRESf
t_4' NRD£ PUBtJC ALLEY C>v'i ~ 74' rrIDE PUBLIC ALLEY
...~ ~: ~ ~ .3. ..
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CURVE TA6LE
CURVE RADIUS ARC LENGTH CHORO LENGTH CHORD BEARING
C-1 253.00' 105.08' 104.32' N 29' 7 4'35" t4
LINE CHART
LINE BEARING DISTANCE
L-1 S 00 52 09" E 136.00'
L-2 N 89'07 51 " E 181. ] 5'
L-3 S 00'52'09" E 81.98'
L-4 S 89'03 20" W 251.15'
L-5 N 00'52'09" W 81.38'
L-6 N 21' 11 38" E 48.71'
L-7 N 89'0751" E 101.28
~ __.____V___ ~i ll1.C
~~ Lond Surveyors Professional Engineers
Landscape Architects" Land Planners
MfKe: {e~.ux-coos ~ (eeo)SSS-.aoe . for: {57•Y1]~-1114
1813 Cwn"urce Ortve • ~ uc:+ B~n0. M a542E
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to Cter-~' G3~~@cs
OCT 2 1 ~GvB
JO?'?1 VOOiiDE
CITY CL:RK, E0. i;Efd0,1N.