10-27-08 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING OCTOBER 27, 2008 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 a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. The South Bend Common Council shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit “A”, and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area, with fees for prior main line extensions due upon application for a tap permit, and any 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. 6