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REGULAR MEETING JUNE 23, 2008
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<br />Excepting from the above described tract of land a parcel more
<br />particularly described as beginning at a point on the East line of the West
<br />Half of the Southwest Quarter, said point being 283.60 South of the East-
<br />West centerline of said Section 22; thence continuing South 00°00’00”
<br />East, a distance of 4.73 feet; thence South 69°10’06” West, a distance of
<br />167.71 feet to the Easterly right-of-way line of Portage Road; thence along
<br />said right-of-way line North 20°43’37” West, a distance of 5.15 feet;
<br />thence North 69°24’54” East, a distance of 169.38 feet to the point of
<br />beginning.
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<br />Subject to legal highways.
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<br />Section II. That it shall be and hereby is now declared and established that it is
<br />the policy of the City of South Bend, to furnish to said territory services of a non-capital
<br />nature, such as police and fire protection, street and road maintenance, street sweeping,
<br />flushing, and snow removal, within one (1) year of the effective date of the annexation in
<br />a manner equivalent in standard and scope to services furnished by the City to other areas
<br />of the City regardless of similar topography, patterns of land utilization, and population
<br />density; and to furnish to said territory, services of a capital improvement nature such as
<br />street and road construction, sidewalks, a street light system, a sanitary sewer system, a
<br />water distribution system, a storm water system and drainage plan, within three (3) years
<br />of the effective date of the annexation in the same manner as those services are provided
<br />to areas within the corporate boundaries of the City of South Bend regardless of similar
<br />topography, patterns of land use, or population density.
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<br /> Section III. That the South Bend Common Council, shall and does hereby now
<br />establish and adopt the Fiscal Plan, attached hereto as Exhibit “A”, and made a part
<br />hereof, for the furnishing of said services to the territory to be annexed, which provides,
<br />among other things, that the public sanitary sewer network and water main are available
<br />to service this area with any extensions for future development to be paid by the
<br />developer; that street lighting, parking, sidewalks, and similar improvements together
<br />with a drainage plan will be constructed by the developer, and that all improvements
<br />under this section as well as any necessary screening, signage, and vehicular access shall
<br />conform to the latest State and City of South Bend standards and ordinances.
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<br /> Section IV. It is required as a condition of annexation that neo-traditional
<br />building/site design elements be included in terms of context, setback, orientation,
<br />spacing, style, massing, height, entry, fenestration, materials, accessory buildings,
<br />landscape buffering and lighting that achieve development and design of the highest
<br />possible quality. It is required that the annexation area integrate harmoniously with the
<br />surrounding residential areas to the north.
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<br /> In consideration of pedestrian safety and proper vehicular movement, it is further
<br />required as a condition of rezoning and annexation that sidewalks be developed along
<br />Portage to ensure a continuous pathway to the buildings to the north that have a pre-
<br />existing sidewalk.
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<br />Building plans and other information to satisfy these requirements must be
<br />submitted by the developer to the City as part of the development review process. Failure
<br />to comply with all the conditions may result in the City’s repeal of annexation.
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<br />Section V. This Resolution shall be effective from and of the date of adoption by
<br />the Common Council and approval by the Mayor.
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<br /> s/Timothy A. Rouse
<br /> Member of the Common Council
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<br />Councilmember Al “Buddy” Kirsits, Chairperson, Zoning & Annexation Committee,
<br />reported that this committee held a Public Hearing on this bill this afternoon and voted to
<br />send it to the full Council with a favorable recommendation.
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