HomeMy WebLinkAboutAmendment to the South Bend Central Development AreaRESOLUTION
4020-10
Passed by the Common Council of the City of South Bend, Indiana
March 22,
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
March 23,
Approved and signed by me
10
20
20 10
March 23,
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Mayer'
City Clerk
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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 SOUTH BEND CENTRAL 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
February 19, 2010, approved and adopted its Resolution No. 2655 (the "Declaratory
Resolution"), Exhibit A, amending the acquisition list in the South Bend Central Development
Area Development Plan (the "Plan") for the South Bend Central Development Area (the "Area")
and amending the South Bend Central Development Area Development Plan (the "Plan
Amendment"); and
WHEREAS, the Plan Amendment calls for the addition of various parcels
located within the Area, to the Acquisition List contained within the Plan; and
WHEREAS, the St. Joseph County Area Plan Commission (the "Plan
Commissions"), which is the duly designated and acting official planning body for the City of
South Bend, Indiana (the "City"), on March 16, 2010, adopted and approved a resolution, a copy
of which is attached hereto as Exhibit B, determining that the Declaratory 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 Pl;in 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 Bc;nd, Indiana, as follows:
1. The Plan Commission Order attached hereto is in all respects hereby
approved, ratified and confirmed.
2. This Resolution shall be in full force and effect from and after its adoption
by the Common Council of the City and compliance with procedures required by law.
COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA
B y:
Member of the Common Council
Attest:
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
10-16 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 SOUTH
BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT
PLAN ADOPTED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation.
Ann Puzzello
Chairperson, Committee of the Whole
Exhibit A
(Declaratory Resolution of the Redevelopment Commission)
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RESOLUTION N0.2655
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
AMENDING THE DEVELOPMENT PLAN FOR
THE SOUTH BEND CENTRAL DEVELOPMENT AREA
AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS
TO BE ACQUIRED
WHEREAS, the South Bend Redevelopment Commission ("Commission"), governing
body of the City of South Bend Department of Redevelopment ("Department"), on May 10,
1985, adopted Resolution No. 737 declaring the South Bend Central Development Area ("Area")
in the City of South Bend, Indiana ("City") to be a blighted area within the meaning of the
Redevelopment of Cities and Towns Act of 1953, as amended, I.C. 36-7-14 ("Act"); and
WHEREAS, Resolution No. 737 and the South Bend Central Development Area
Development Plan ("Development Plan") adopted by Resolution No. 737 on May 10, 1985, were
confirmed by Resolution No. 739 adopted on June 14, 1985; and
WHEREAS, Resolution No. 737 was amended by Resolution No. 745, adopted on
August 9, 1985 and confirmed by Resolution No. 750, adopted on September 30, 1985; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 751, adopted
on November 8, 1985 and confirmed by Resolution No. 757, adopted December 20, 1985; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 795, adopted
on February 27, 1987, and confirmed by Resolution No. 798, adopted on April 10, 1987; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 800, adopted
on Apri124, 1987, and confirmed by Resolution No. 803, adopted on June 26, 1987; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 834, adopted
on March 11, 1988 and confirmed by Resolution No. 836, adopted on April 15, 1988, and said
resolutions expanded the South Bend Central Development Area by adding Expansion Area No.
l ; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 867, adopted
on February 10, 1989, and confirmed by Resolution No. 874, adopted on March 24, 1989; and
WHEREAS, Resolution No. 737 was further amended by Resolution Na. 881, adopted
on July 2$, 1989; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 893, adopted
on October 27, 1989 and said Resolution No. 893 expanded the South Bend Central
Development Area by adding Expansion Area No. 2 and Expansion Area No. 3; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 921 adopted
on March 23, 1990; and
WHEREAS, Resolution No. 737 was further amended by Substitute Resolution No. 944
adopted on July 27, 1990; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 974 adopted
on January 25, 1991; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1019 adopted
on October 11, 1991; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1077 adopted
on July 24, 1992; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1205 adopted
on January 4, 1994; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1284 adopted
on September 2, 1994; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1547 adopted
on November 21, 1997; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1559 adopted
on Aecember 19, 1997; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1562 adopted
on February 24, i 998; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1723 adopted
on December 17, 1999; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1737 adopted
on February 18, 2000 and said Resolution No. 1737 expanded the South Bend Central
Development Area by adding Expansion Area No. 4;
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1758 adopted
on July 7, 2000: and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1783 adopted
on August 4, 2000; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1843 adopted
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on September 7, 2001; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1901 adopted
on September b, 2002; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1922 adopted
on December 6, 2002; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1952 adopted
on March 7, 2003; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1973 adopted
on June 6, 2003; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 2001 adopted
on October 3, 2003; and said Resolution No. 2001 expanded the South Bend Central
Development Area by adding Expansion Area No. 5; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 2014 adopted
on .November 17, 2003; and said Resolution No. 2014 expanded the South Bend Central
Development Area by adding Expansion Area No. 6; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 2015 adopted
on December 19, 2003; and said Resolution No. 2015 contracted the South Bend Central
Development Area by removing Reduction Area No. 1; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 2105 adopted
on November 5, 2004; and said Resolution No. 2105 expanded the South Bend Central
Development Area by adding Expansion Area No. 7; and
' WHEREAS, Resolution No. 737 was further amended by Resolution No. 2145 adopted
on March 4, 2005; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 2185 adopted
on October 7, 2005; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 2192 adopted
on December 2, 2005; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 2328 adopted
on May 18, 2007; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 2374 adopted
on July 7, 2004; and
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WHEREAS, Resolution No. 737 was further amended by Resalution No. 2385 adopted
on November 2, 2007; and said Resolution No. 2385 expanded the South Bend Central
Development Area by adding Expansion Area No. 8; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 2425 adopted
on January 18, 2008; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 2441 adopted
an March 28, 2008; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 2467 adopted
on July 1 S, 2008; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 2695 adopted
on August 21, 2009; and
WHEREAS, the Development Plan includes a list of parcels of property to be acquired;
and
WHEREAS, it is necessary to modify the list of parcels of property to be acquired by
adding additional parcels of property to the acquisition list; and
WHEREAS, the Commission previously adopted the Development Plan and now desires
to amend the Development Plan to provide for the acquisition of the parcels of property set forth
in Exhibit A; and
WHEREAS, the Commission authorized the Department to conduct surveys, appraisals
and investigations and to thoroughly study the South Bend Central Development Area within the
City; and
WHEREAS, pursuant to the Act, the Department has conducted surveys, appraisals and
investigations and has thoroughly studied the South Bend Central Development Area and the
Development Plan, resulting in the preparation of the East Bank Village Master Plan; and
WHEREAS, Resolution No. 2467 adopted the East Bank Village Master Plan on July
18, 2008; and
WHEREAS, upon such surveys, appraisals, investigations and studies having been
made, the Commission finds that the Plan Amendment cannot be achieved by regulatory
processes or by the ordinary operations of private enterprise without resort to the powers allowed
under the Act and that the public health and welfare will be benefited by the accomplishment of
the PIan Amendment which shall include the acquisition of the properties identified in Exhibit
A; and
WHEREAS, the Plan Amendment conforms to other development and redevelopment
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plans for the City,
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH
BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS:
1. The Commission hereby determines that to accomplish the redevelopment of the
Area, it is necessary to acquire additional land within the Area, as shown on Exhibit A attached
hereto and incorporated herein.
2. The Commission hereby determines that the public health and welfare will be
benefited by the accomplishment of the Plan Amendment.
3. The Commission hereby determines that the accomplishment of the Plan
Amendment will be of public utility and benefit as measured by:
a) the attraction or retention of permanent jobs;
b) an increase in the property base;
c) improved diversity of the economic base;
d) other similar public benefits.
4. The Commission hereby determines that the estimated cost of acquisition of the
property being added to the acquisition list is $400,000.00.
5. The Commission hereby determines that the Plan Amendment conforms to other
development and redevelopment plans for the City.
6. The maps and plats of the South Bend Central Development Area, showing the
boundaries, the location of the various parcels of property, streets, alleys and other features
affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the
Area, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other
public purposes under the Plan, which maps and plats were previously adopted by the
Commission, are hereby confirmed by the Commission.
7. The Secretary is hereby directed to file a certified copy of said Development Plan,
as amended, with the minutes of this meeting.
8. The officers of the Commission are hereby directed to submit this Resolution,
together with supporting data, to the Area Plan Commission and the South Bend City Common
Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan
Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be
submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the
Act and IC 5-3-1 and after all required filings have been made pursuant to Section 17(b} and (c)
of the Act.
9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and
repealed in so far as such exist.
10. This Resolution does not affect any rights or liabilities accrued, penalties
incurred, offenses committed or (except as otherwise provided herein) proceedings begun before
the effective date of this Resolution.
11. All other findings, determinations and conclusions in Resolution No. 737, as
amended, shall remain as stated therein.
12. The United States of America is hereby assured of full compliance by the South
Bend Redevelopment Commission with regulations of the Department of Housing and Urban
Development effectuating Title VI of the Civil Rights Act of 1964, as amended.
(Balance of page intentionally left blank)
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ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on
February 19, 2010, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend,
IN 46601.
ATTEST:
i~gnarure
Nancy N. King, Secretary
rinre ame an ~t e
South Bend Redevelopment Commission
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
.i"
ignalure
Marcia I. Jone President
rinre ame an r e
South Bend Redevelopment Commission
7
EXHIBIT A
AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA
DEVELOPMENT PLAN
ACQUISITION LIST AMENDMENT
Parcel # Address Common Name Owner
V/L corner Formerly Troegger First National Bk of Valparaiso
18-5010-0285 Washin on and Niles Sheet Metal
Formerly Troegger First National Bk of Valparaiso
18-5010-0286 V/I. on Washington Sheet Metal
Formerly Troegger First National Bk of Valparaiso
18-5010-0287 V/L on Washington Sheet Metal
Formerly Troegger First National Bk of Valparaiso
18-5010-0288 V2 on Niles Sheet Metal
Formerly Troegger First National Bk of Valparaiso
1$-5010-0290 122 Niles Sheet Metal
Formerly Troegger First National Bk of Valparaiso
1$-5010-0291 122 Niles Sheet Metal
Formerly Troegger First National Bk of Valparaiso
18-5010-0292 V2 on Niles Sheet Metal
Formerly Troegger First National Bk of Valparaiso
18-5010-0293 511 E. Jefferson Sheet Metal
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Exhibit B
(Plan Commission Order)
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RESOLUTION NO. 208-10
RESOLUTION OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION
APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION AMENDING THE DEVELOPMENT PLAN FOR
THE SOUTH BEND CENTRAL DEVELOPMENT AREA
AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS
TO BE ACQUIRED
WHEREAS, the St. Joseph County Area Plan Commission (the "Plan
Commission"), is the body charged with the duty of developing a general plan of development
for the City of South Bend, Indiana (the "City"); and
WHEREAS, the South Bend Redevelopment Commission (the "Commission"), is
the governing body of the South Bend Department of Redevelopment (the "Department"): and
WHEREAS, on February 19, 2010, the Commission approved and adopted its
Resolution No. 2655 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND
CENTRAL DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE
LIST OF PARCELS TO BE ACQUIRED" (the "Declaratory Resolution"); and
WHEREAS, the Declaratory Resolution amends the acquisition list contained in
the South Bend Central Development Area Development Plan (the "Plan") for the South Bend
Central Development Area (the "Area"), identifies parcels located within the Area as parcels
necessary for the implementation of the Plan and adopts an amendment to the Plan (Exhibit A to
Commission Resolution No. 2655) (the "Plan Amendment"); and
WHEREAS, the Commission has submitted the Declaratory Resolution to the
Plan Commission for approval pursuant to the provisions of Indiana Code 36-7-14 (the "Act");
and
WHEREAS, pursuant to the provisions to the Act, the Plan Commission desires to
issue its written order approving the Declaratory Resolution and the Plan, as amended by the
Declaratory Resolution;
NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan
Commission, as follows:
1. The Declaratory Resolution and Plan, as amended by the Declaratory
Resolution, conform to the plan of development for the City.
2. The Declaratory Resolution and Plan Amendment are in all respects
approved, ratified and confirmed.
3. This Resolution is hereby designated and constitutes the written order of
the Area Plan Commission approving the Declaratory Resolution and the Plan, as amended by
the Declaratory Resolution, pursuant to the requirements of Section 16 of the Act.
4. The Secretary of the Area Plan Commission is hereby directed to forward a
copy of this Resolution together with the Declaratory Resolution to the South Bend City Common
Council for its consideration.
5. The Secretary is hereby directed to file a copy of said Declaratory
Resolution with the minutes of this meeting.
ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan
Commission this 16`h day of March, 2010.
ST. JOSEPH COUNTY
AREA PLAN COMMISSION
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Vice-President
ATTEST:
Sec tary
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1400 C.OLJNTY-CITY BUILDING
227 W JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LTJECKE, MAYOR
DEPARTMENT OF T .AW
PHONE 574/235-9241
PAx 574/235-9892
TDD 574/ 235-5567
CHARLES S. LEONE ALADEAN M. DEROSE
CITYATTORNEY March 15, 2010 CHIEF ASSISTAN'T' CITYATTORNEY
Mr. Derek Dieter, President
South Bend Common Council
4`h Floor County-City Building
South Bend, IN 46601
RE: Proposed Addition of various parcels to the South Bend Central
Development Area Acquisition List
Dear President Dieter:
Attached for the Common Council's consideration is a proposed resolution which approves an
order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the
South Bend Redevelopment Commission.
This process began when the South Bend Redevelopment Commission (RDC) conducted a study
and determined that it is necessary and beneficial to the orderly redevelopment of the South Bend Central
Development Area (SBCDA) to add various parcels to the SBCDA Acquisition List. The declaratory
resolution of t1Te RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order
approving the RDC's action. The APC's resolution is now submitted to the South Bend City Common
Council for its approval.
The parcels proposed for addition to the acquisition list are in a specific target area within the
East Bank Village area of the SBCDA. The parcels are located on the east side of Niles Avenue between
Jefferson and Washington. The property will be used to stimulate new development in the heart of the
East Bank Planning Area as well as serve as a site for improved surface parking to facilitate a growing
parking need in this village area. A map of the parcel area is attached for review.
Either Bill Schalliol or another staff member from the Division of Economic Development will
present this Resolution to the Common Council.
Thank you for your consideration.
Sinc el
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THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH
JEFFREY M. JANKOWSIQ LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN
Area 2: Former FN BofV Parcel
East Bank Planning Area
The Emporium
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