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Home My WebLink AboutBill No. 03-23 Resurrection Lutheran Annexation Area OrdinanceoUTH lie . • I CITY OF SOUTH BEND COMMUNITY INVESTM February 7, 2023 Honorable Committee Chair Lori K. Hamman South Bend Common Counc'il 4th Floor, County-City Building RE: Resurrection Lutheran Annexation Area, southeast corner of Olive Road & Nimtz Parkway Dear Committee Chair Hamman: Attached is an Ordinance for the proposed annexation at the above referenced location. Please include this Ordinance on the Council agenda for first reading at the February 13, 2023, Council meeting; for second reading at the March 27, 2023, Council meeting; and for third reading at the April 10, 2023, Council meeting. Per the provisions of Section 21-01.02(g) of the South Bend Municipal Code, the property would automatically be zoned to S 1 Suburban Neighborhood 1 District upon annexation without needing a public hearing before the South Bend Plan Commission. The petitioner provided the following to describe the proposed project: Annexation of A-Agricultural parcels from St. Joseph County into the City of South Bend as S 1 Suburban Neighborhood 1. If you have any questions, please feel free to contact me at (574) 235-5843. Thank you. Sincerely, Michael P. Divita, AICP Principal Planner · cc: Bob Palmer, Attorney, Common Council Staff, South Bend Plan Commission EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 14005 County-City Building 227 W. Jefferson Bvld. I South Bend, Indiana 46601 p 574.235.9371, www.southbendin.gov BILL NO. 03-23 ORDINANCE NO. 10916-23 Fi~ed in Clerk's Office FIH'O? 20?1 CITYCOLE~RWKN M. JONES iYmit'n:SOrJUrttpH.fj~~INLJANORDINANCEOFTHECOMMONCOUNCILOFTHECITY0 INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, FOR THE SOUTHEAST CORNER OF NIMTZ PARKWAY AND OLIVE ROAD, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to annex two properties at the southeast comer of Nimtz Parkway and Olive Road (53000 block of Olive Road); the properties would be automatically zoned to SI Suburban Neighborhood 1 District in South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the following described real estate is situated in St. Joseph County, Indiana, being contiguous by more than one-eighth (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: Part of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, being more particularly described as follows: Starting at the Northwest comer of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East (being the intersection of the Cleveland Road/Nimtz Parkway and Olive Road centerlines); thence South 40 feet, more or less, to the South Right-of-Way Line of Nimtz Parkway extended; thence East 20 feet, more or less, to the Point of Beginning, which lies on the South Bend corporate limits; thence East 128.50 feet, more or less, along the South Right-of-Way Line of Nimtz Parkway to the north- south South Bend corporate limits; thence South 390.40 feet, more or less, along the north-south South Bend corporate limits to the east-west South Bend corporate limits; th_ence West 128.5 feet, more or less along the east-west South Bend corporate limits to the north-south South Bend corporate limits; thence North 390.4 feet along the north- south South Bend corporate limits to the Point of Beginning. Containing 1.15 acres, more or less. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate ofthe above-described parcel as part of the City of South Bend, Indiana. SECTION III. Ordinance No. 10689-19, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the above described real estate, with the exception of all adjacent rights-of-way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as S 1 Suburban Neighborhood 1 District, per the provisions of Section 21-0l.02(g) of the South Bend Municipal Code. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: Dawn M. Jones, City Clerk Office of the City Clerk Sharon McBride, Council President South Bend Common Council Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the ___ day of ________ _, 2023, at __ _ o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ___ day of _____ _, 2023, at o'clock m. James Mueller, Mayor City of South Ben~Tl'Chmnr---------, Filed in Clerk's Office DAWN M. JONES CITY CLERK, SOUTH BEND, IN 2 - Department of Community Investment Memorandum Monday, January 23, 2023 TO: FROM: SUBJECT: Kara Boyles, Engineering Aladean DeRose, Legal Gerard Ellis, Fire Timothy Lancaster and Eric Crittendon, Police Pam Meyer, Neighborhood Services & Enforcement Ben Dougherty, Administration & Finance Angela Smith, Community Investment -Zoning Kelly J. Smith, Solid Waste Michael Divita, Principal Planner Request for Service Reports Resurrection Lutheran Annexation Area 100% Voluntary Annexation of Contiguous Property) A petition for voluntary annexation of the Resurrection Lutheran Annexation Area has been received by the City and is to receive First Reading by the Common Council on Monday, February 13, 2023. The proposed Annexation Area consists of two parcels and adjacent right-of-way totaling about 1.2 acres and is located at the southeast corner of Nimtz Parkway and Olive Road. The area is currently vacant and is zoned agricultural in the County. With the annexation, the petitioner seeks zoning of S1 Suburban Neighborhood 1 District to expand the parking area for the adjacent Resurrection Lutheran Academy. 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 February 6, 2023. 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 (57 4) 235-5843 or mdivita@southbendin.gov. cc: Mayor James Mueller Kacey Gergely, Chief of Staff, Office of the Mayor Bob Palmer, Attorney for the Common Council Caleb Bauer, Executive Director, Community Investment Tim Corcoran, Director of Planning, Community Investment Dawn M. Jones, City Clerk Staff, City Clerk Robert Kruszynski, County Surveyor 227 W. JEFFERSON BLVD. SOUTH BEND. IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV Department of Law: 1) Public Works: 1) 2) 3) 4) 5) 6) 7) Police Department: 1) 2) 3) Fire Department: 1) 2) 3) Neighborhood 1) Services: 2) Zoning: 1) 2) 3) 4) Adm in/Finance: 1) Solid Waste: 1) 2) 3) County Surveyor: 1) SERVICE REPORT CH ECK LIST I legal concerns, if any {if none, no report is required) location, size, and capacity of water line{s) listing of properties connected to water line{s) location, size, and capacity of sewer line(s) listing of properties connected to sewer line(s) any public improvements required or suggested, such as street signs, street lighting, pavement upgrade, storm drainage cost, timing, and source of funds for providing those improvements (within 1 year for non-capital items and 3 years for capital items) ' a listing of properties covered by waivers Police Beat to be assigned cost, timing, and source of funds of providing any improvements whether comparable response time can be mair:,tained primary and secondary fire stations to be assigned cost, timing, and source of funds of providing any improvements whether comparable respons~ time can be maintained Inspector Area to be assigned whether comparable response time can be maintained current zoning of property anticipated/required zoning compatibility of land uses relative to city zoning copies of recorded subdivision plats, if any no report necessary for this annexation) capacity to provide solid waste service cost to owner of service when service can begin verify accuracy of legal description INITIAL REVIEW FACT SHEET 100% VOLUNTARY ANNEXATION Resurrection Lutheran Annexation Area German Township Prepared January 2023 A. Annexation Criteria (Minimum) Analysis Criteria Met? 1. 2: 3. Contiguity: At least 1/8 (12.5%) 100% Yes Yes Yes Yes Yes fWl 100% of owners signed petition 100% and a.· essential City services are/can be provided b. City is able to provide services c. territory is contiguous B. General Location: Address(es): Tax Key Number(s): Subdivision(s) of Record: Acres: Current Net Assessment: Current Population: Proposed Population: Current Land Use: Proposed Land Use: Current Zoning: Proposed Zoning: Council District: Scheduled Effective Date: Comments: On the southeast corner of Nimtz Parkway and Olive Road Vacant lots, 53000 block of Olive Road 004-1020-033402 004-1020-0335 None 1.2 2,000 0 0 Vacant land Parking/landscaping area for adjoining Resurrection Lutheran Academy A Agricultural District, St. Joseph County S1 Suburban Neighborhood 1 District, City of South Bend 1st Council District May 21, 2023 Proposed Annexation Area includes the full width of the Olive Road right-of-way Map Resurrection Lutheran Annexation Area NORTH I1111 Resurrecuon I.Ulheran AnnexatlOn Area Ill cay or South Bend I 0--==: SO=-eet-==:i500 R'epsed by City at South Bend Department of Comm111ity lnveS1ment Janusy 20, 2023 Legal Description Part of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, being more particularly described as follows: Starting at the Northwest corner of the East Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East (being the intersection of the Cleveland Road/Nimtz Parkway and Olive Road centerlines);·thence South 40 feet, more or less, to the South Right- of-Way Line of Nimtz Parkway extended; thence East 20 feet, more or less, to the Point of Beginning, which lies on the South Bend corporate limits; thence East 128.50 feet, more or less, along the South Right-of-Way Line of Nimtz Parkway to the north-south South Bend corporate limits; thence South 390.40 feet, more or less, along the north-south South Bend corporate limits to the east-west South Bend corporate limits; thence West 128.5 feet, more or less along the east-west South Bend corporate limits to the north-south South Bend corporate limits; thence North 390.4 feet along the north-south South Bend corporate limits to the Point of Beginning. Containing 1.15 acres, more or less. Proposed Schedule for Resurrection Lutheran Annexation Area Fiscal Plan Service Request Sent Fiscal Plan Service Request Due File Date Council 1st Reading Fiscal Plan Done Council Advertisement Board of Public Works Agenda Session Board of Public Works Hearing Board of Public Safety Plan Commission Public Hearing Fiscal Plan Resolution to Clerk Council 2nd Reading Council 3rd Reading Ordinance Advertised Appeal Period Start Appeal Period End 1/23/23 2/6/23 2/8/23 2/13/23 2/27 /23 3/3/23 3/9/23 3/14/23 3/15/23 NA 3/22/23 3/27/23 4/10/23 4/21/23 4/21/23 5/21/23 k's Office I · r--·i .... ; -, JAN 2 3 l02J j TAwN"M::io'Nes 1 CITY CLERK, SOlJTH BEND, IN