10-12-09 Common Council Meeting Agenda & Packet

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~ ~ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the "Act"), on August 21, 2009, approved and adopted its Resolution No. 2598 (the "Declaratory Resolution"), Exhibit A, amending the Northeast Neighborhood Development Area Development Plan (the "Plan") for the Northeast Neighborhood Development Area (the "Area") and adopting the Northeast .Neighborhood Design Guidelines as an amendment to the Northeast Neighborhood Development Area Development Plan (the "Plan Amendment"); and WHEREAS, the Plan Amendment calls for the adoption of the Northeast Neighborhood Design Guidelines as an amendment to the Plan; and WHEREAS, the St. Joseph .County Area Plan Commission (the "Plan Commission"), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the "City"), on September 15, 2009, adopted and approved its Resolution No. 203-09, a copy of which is attached hereto as Exhibit B, determining that the Declazatory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution. and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: