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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 ocT 2 ~ 2coa V JO{i~1 Vt~~~+DC 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 ~~~~: q ( I ' i.V. iV~~I )(/ (et SS ~~ ~r P•~.B• •,~, ~S`~ ca / •9 L-7 ~ _..._ _.._ _... _ ._._ ._.._ - .. ~ J U ._ J ~n W ....` 29~~ ` .... ~ ..-._ Y L L--2 ~~ ~ ~- ~i _~ ' ~l;i r" ANNEXATION PARCEL cln qQ ! 0.78 ACRESf t_4' NRD£ PUBtJC ALLEY C>v'i ~ 74' rrIDE PUBLIC ALLEY ...~ ~: ~ ~ .3. .. v~ 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 _~>~ . I 0 60 SGtE t': 60' l to Cter-~' G3~~@cs OCT 2 1 ~GvB JO?'?1 VOOiiDE CITY CL:RK, E0. i;Efd0,1N.