HomeMy WebLinkAbout67-17 Annexation- 24605 Cleveland Road (3) T
Department of
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� 01 Community Investment
Memorandum
Monday,October 9,2017
TO: Mike Bronstetter, Environmental Services (Solid Waste)
Aladean DeRose, Legal
Ed Herman,Water Works
Kara Boyles, Engineering
Larry Magliozzi,Area Plan Commission
Jennifer Hockenhull,Administration & Finance
Federico Rodriguez, Fire
Captain Christopher Voros, Police
Randy Wilkerson and Tracy Skibins, Code Enforcement
FROM: Michael Divita, Planner
SUBJECT: Request for Service Reports
Baney Annexation Area
(100%Voluntary Annexation of Contiguous Property)
A petition for voluntary annexation of the Baney Annexation Area has been received by the City and
will receive First Reading by the Common Council today, October 9, 2017.
The proposed Annexation Area consists of one parcel (24605 Cleveland Road)of about 9.65 acres
and is located on Cleveland Road west of the St.Joseph Valley Parkway. The area currently contains
a vacant single-family house on a wooded lot and is zoned agricultural in the County. With the
annexation,the petitioner seeks rezoning to "LI" Light Industrial District to permit manufacturing,
assembly, or warehousing uses.
Please complete the Service Report addressing how your Department will or can provide City
services to the proposed Annexation Area, and return it to me by October 23, 2017. This deadline
must be met so that the Legal Department can prepare the necessary resolutions in time to be
considered by the Board of Public Works and the Board of Public Safety. A fact sheet, map,and an
annexation schedule are attached to assist you in your review.
If you have any questions, please contact me at 235-5843 or mdivita @southbendin.gov.
cc: Mayor Pete Buttigieg
Laura O'Sullivan, Chief of Staff, Office of the Mayor
Members,South Bend Common Council
Bob Palmer,Attorney for the Common Council
James Mueller, Executive Director, Community Investment
Tim Corcoran, Director of Planning, Community Investment
Kareemah Fowler, City Clerk
Alkeyna Aldridge, Deputy City Clerk
.&I - -John McNamara, County Surveyor
227 W.JEFFERSON BLVD.SOUTH BEND, IN 46601 1 P: 574-235-9371 1 FAX: 574-235-9021 1 SOUTHBENDIN.GOV
SERVICE REPORT CHECK LIST
Department of Law: 1) legal concerns, if any (if none, no report is required)
Public Works: 1) location, size, and capacity of sewer line(s)
2) listing of properties connected to sewer line(s)
3) any public improvements required or suggested, such as street
signs, street lighting, pavement upgrade, storm drainage
4) cost, timing, and source of funds for providing those
improvements (within 1 year for non-capital items and 3 years
for capital items)
5) a listing of properties covered by waivers
Water Works: 1) location, size, and capacity of water line
2) listing of properties connected to water line(s)
3) cost, timing, and source of funds for providing those
improvements (within 1 year for non-capital items and 3 years
for capital items)
Police Department: 1) Police Beat to be assigned
2) cost, timing, and source of funds of providing any improvements
3) whether comparable response time can be maintained
Fire Department: 1) primary and secondary fire stations to be assigned
2) cost, timing, and source of funds of providing any improvements
3) whether comparable response time can be maintained
Code Enforcement: 1) Code Enforcement Area to be assigned
2) whether comparable response time can be maintained
Area Plan: 1) current zoning of property
2) anticipated/required zoning
3) compatibility of land uses relative to city zoning
4) copies of recorded subdivision plats, if any
Admin/Finance: 1) (no report necessary for this annexation)
Environmental 1) capacity to provide solid waste service
Services: 2) cost to owner of service
3) when service can begin
County Surveyor: 1) verify accuracy of legal description
INITIAL REVIEW FACT SHEET 100% VOLUNTARY ANNEXATION
Baney Annexation Area German Township Prepared October 2017
A. Annexation Criteria (Minimum) Analysis Criteria Met?
1. Contiguity: At least 1/8 (12.5%) 100% Yes
and
2. 100% of owners signed petition 100% Yes
and
3. a. essential City services are/can be provided Yes
b. City is able to provide services Yes
c. territory is contiguous Yes
B. General
Location: Cleveland Road, between St. Joseph Valley Parkway and Olive
Road
Address(es): 24605 Cleveland Road
Tax Key Number(s): 04-1011-018901
Subdivision(s) of Record: None
Acres: 9.65
Current Net Assessment: $25,300
Current Population: 0
Proposed Population: 0
Current Land Use: Single-Family Residential, Wooded
Proposed Land Use: Light Industrial
Current Zoning: "A" Agricultural District, St. Joseph County
Proposed Zoning: "LI" Light Industrial District, City of South Bend
Council District: 1St Council District
Scheduled Effective Date: February 11, 2018
Comments: The proposed Annexation Area does not include any rights-of-
way; the adjacent portion of Cleveland Road is already within
the city limits.
Map
Baney Annexation Area
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Q City of South Bend =Baney Annexation Area
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Prepared by City of South Bend Department of Community Investment September 21.2017
Legal Description
The West Half of the East Half of the Southeast Quarter of the Southwest Quarter of Section
Nineteen (19), Township Thirty-Eight (38) North, Range Two (2) East, containing ten (10)
acres, more or less, excepting therefrom the south 40.00 feet measured at right angles, of
the West Half of the East Half of the Southeast Quarter of the Southwest Quarter of Section
19, Township 38 North, Range 2 East, German Township, St.Joseph County, Indiana, more
particularly described as follows:
Commencing at the Southeast Corner of the Southwest Quarter (SW 1/a) of Section 19;
thence North 89°51'49" West along said South Line of the Southwest Quarter (SW 1/a) a
distance of 331.51 feet; thence North 00'24'05" West, 40.00 feet to the North Right of
Way Line of Cleveland Road, and to the point of beginning of this description; thence
North 89°51'49" West, being 40 feet North of and parallel with the South Line of the
Southwest Quarter of said Section 19, a distance of 328.86 feet, to the East Line of the
recorded plat of"Wells Electronics Minor" as known and recorded in the Office of the
Recorder of St.Joseph County in Instrument Number 9540132; thence North
00°25'16" West, along said East Line and also along the East Line of Lot 1 in the recorded
plat of"Fawn Development Minor Subdivision" as known and recorded in the Office of the
Recorder of St. Joseph County in Instrument Number 9749756, a distance of 1276.63 feet
to the South Line of Lot 2 in the recorded plat of"Olive Road Commerce Park Ameriplex
Minor Subdivision" as known and recorded in the Office of the Recorder of St.Joseph County
in Instrument Number 0157246; thence North 89°51'00" East, along said South Line and
also along the South Line of Lot AAA in the recorded plat of"Olive Road Commerce Park-
Second Replat", as known and recorded in the Office of St.Joseph County in Instrument
Number 0035547, a distance of 329.28 feet, to the West Line of a parcel of land owned by
"31 Nimtz Land, LLC" and recorded in the Office of the Recorder of St.Joseph County in
Instrument Number 1704026, and as shown on Instrument Number 1611106 -A Recorded
Survey;thence South 00°24'05" East, along said West Line, a distance of 1278.27 feet to
the aforementioned point of beginning.
Above description containing 9.65 acres of land more or less, and is subject to all
easements, restricitons, and public rights of way of record.
Proposed Schedule for Baney Annexation Area
File Date 10/2/17
Council 1st Reading 10/9/17
Fiscal Plan Service Request Sent 10/9/17
Fiscal Plan Service Request Due 10/23/17
Fiscal Plan Done 11/6/17
Board of Public Works Agenda Session 11/9/17
Board of Public Works Hearing 11/14/17
Board of Public Safety 11/15/17
Council Advertisement 11/17/17
Area Plan Commission Public Hearing 11/21/17
Fiscal Plan Resolution to Clerk 12/6/17
Council 2nd Reading 12/11/17
Council 3rd Reading 1/8/18
Ordinance Advertised 1/12/18
Appeal Period Start 1/12/18
Appeal Period End 2/11/18
PETITION FOR ANNEXATION AND ZONE MAP AMENDMENT
City of South Bend, Indiana
I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
Office
1) The property sought to be rezoned is located at: ^}�-
24605 Cleveland Road OCT 02 2017
South Bend, Indiana 46628
2) The property Tax Key Number(s) is/are: 004-1011-018901 CITY CLERK,SOUTH BEAD, IN
3) Legal Description(s)Please note,if the public right-of-way adjacent to the parcel is not already within City limit,
the legal description MUST include the right-of-way: THE WEST HALF OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTIONNINETEEN(19), TOWNSHIP
THIRTY-EIGHT(3 8)NORTH, RANGE TWO(2)EAST, CONTAINING TEN(10)ACRES, MORE OR LESS,
EXCEPT THE SOUTH 40.00 FEET MEASURE AT RIGHT ANGLES, OF THE WEST HALF OF THE EAST HALF
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 38 NORTH,
RANGE 2 EAST, IN ST. JOSEPH COUNTY, INDIANA. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER(SW 114) OF SECTION 19;
THENCE NORTH 89°51'49" WEST ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER (SW'/)A
DISTANCE OF 386.22 FEE I,- THENCE NORTH 00 024'05" WEST, 40.00 FEET TO THE NORTH RIGHT OF
WAY LINE OF CLEVELAND ROAD, AND TO THE POINT OF BEGINNING OF THIS DESCRIPTION THENCE
NORTH 89°51'49" WEST, BEING 40 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 19, A DISTANCE OF 328.86 FEET, TO THE EAST LINE OF THE
RECORDED PLAT OF "WELLS ELECTRONICS MINOR"AS KNOWN AND RECORDED IN THE OFFICE OF
THE RECORDER OF ST. JOSEPH CO UNTY IN INSTR UMENT NUMBER 9540132; THENCE NORTH
00°25'16" WEST, ALONG SAID EAST LINE AND ALSO ALONG THE EAST LINE OF LOT I IN THE
RECORDED PLAT OF "FAWN DEVELOPMENT MINOR SUBDIVISION"AS KNOWN AND RECORDED IN
THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY IN INSTR UMENT NUMBER 9749756 A
DISTANCE OF 1276.63 FEET TO THE SOUTH LINE OF LOT 2 IN THE RECORDED PLAT OF "OLIVE ROAD
COMMERCE PARK AMERIPLEX MINOR SUBDIVISION"AS KNOWN AND RECORDED IN THE OFFICE OF
THE RECORDER OF ST. JOSEPH COUNTY IN INSTRUMENT NUMBER 0157246; THENCE NORTH
89 051'00"EAST,ALONG SAID SOUTHLINE AND ALSO ALONG THE SOUTH LINE OF LOT AAA IN THE
RECORDED PLAT OF " OLIVE ROAD COMMERCE PARK-SECOND REPEAT, AS KNOWN AND RECORDED
IN THE OFFICE OF ST. JOSEPH COUNTY IN INSTR UMENT NUMBER 0035547, A DISTANCE OF 329.28
FEET, TO THE WEST LINE OF A PARCEL OF LAND OWNED BY "31 NIMTZ LAND LLC"AND RECORDED
IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY IN INSTRUMENT NUMBER 1704026,AND
AS SHOWN ONINSTRUMENT NUMBER 1611106-A RECORDED SURVEY; THENCE SOUTH 00°24'05"
EAST, ALONG SAID WEST LINE, A DISTANCE OF 1278.27 FEET TO THE AFOREMENTIONED POINT OF
BEGINNING.
ABOVE DESCRIPTION CONTAINING 9.65 ACRES OF LAND MORE OR LESS, AND IS SUBJECT TO ALL
EASEMENTS, RESTRICTIONS AND PUBLIC RIGHTS OF WAY OF RECORD
for annexation
4) Total Site Area(excluding right-of-way): 9.65 Acres
5) Name and address of property owner(s)of the petition site:
The Estate of Norma J. Baney
Attn:Anthony Bely, Personal Representative for the Estate
3621 Cooper Court
South Bend, Indiana 46614
574-276-2912
Name and address of additional property owners,if applicable:
6) Name and address of contingent purchaser(s),if applicable:
31 Nimtz Land, LLC
227 S. Main Street, Suite 300
South Bend,Indiana 46601
574-217-4498
pphair@holladayproperties.com
Name and address of additional property owners,if applicable:
7) It is desired and requested that this property be rezoned:
From: A: Agricultural District(County) Additional Districts, if applicable Not Applicable
To: LI Light Industrial District
8 This rezoning is re q uested to allow the following use(s
) Manufacturing, Assembly, Distribution & Warehousing
and other uses generally allowable within the Light Industrial ordinance
IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section):
1)Not Applicable
2) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the
community:
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner; and:
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property:
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section):
1) A detailed description and purpose of the Special Exception Use(s)being requested: Not Applicable
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
(a) The proposed use will not be injurious to the public health,safety,comfort, community moral standards,
convenience or general welfare:
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein:
(c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein; and:
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan.
it
* In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
Paul Phair
227 S.Main Street, Suite 300
South Bend,Indiana 46601
574-217-4498
pphair@holladayproperties.com
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s)of all property owner(s):
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