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HomeMy WebLinkAboutAmendment to South Side Development AreaRESOLUTION 4021-10 Passed by the Common Council of the City of South Bend, Indiana March 22, Attest: 10 20 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 23, 20 10 Approved and signed by me March 23, 20 lp City Clerk 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 SIDE 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 March 5, 2010, approved and adopted its Resolution No. 2`658 (the ``Declaratory Resolution"), Exhibit A, amending the acquisition list in the South Side Development Area Development Plan (the "Plan") for the South Side Development Area (the "Area") and amending the South Side 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 Commission"), 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 tre 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 Band, 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 3 -LL-~~ PR~S[iVTEJ NOT ApP20VE~. RDOPTE© ~ -~ ~[~G~ tit ~a?l"~':l ~~iEG~ 1~"AR~7~010 ~~5~li ~a~y~'.iy~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 10-17 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 SIDE 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) fM~P ~^ i ...• ~.~i ~ t.,1A~ 1 7 2010 RESOLUTION N0.2658 A RESOLUTION OF SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH SIDE 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 November 1, 2002, adopted Resolution No. 1914 declaring the South Side Development Area to be a blighted area within the meaning of Ind. Code ~ 36-7-14 ("Act"); and WHEREAS, Resolution No. 1914 and the South Side Development Area Development Plan ("Plan") adopted by Resolution No. 1914 on November 1, 2002, were confirmed by Resolution No. 1928, adopted on December 20, 2002; and WHEREAS, Resolution No. 1928 was further amended by Resolution No. 1957 adopted on March 7, 2003; and WHEREAS, Resolution No. 1928 was further amended by Resolution No. 2013 adopted on November 17, 2003; and WHEREAS, Resolution No. 1928 was further amended by Resolution No. 2059 adopted on June 18, 2004; and WHEREAS, Resolution No. 1928 was further amended by Resolution No. 2073 adopted on July 27, 2004, and created Allocation Area #2; and WHEREAS, Resolution No. 1928 was further amended by Resolution No. 2096 adopted on September 13, 2004, and created Allocation Area #3; and WHEREAS, Resolution No. l 928 was further amended by Resolution No. 2107 adopted on November 19, 2004; and WHEREAS, Resolution No. l 928 was further amended by Resolution No. 2120 adopted on January 21, 2005; and WHEREAS, Resolution No. 1928 was further amended by Resolution No. 2143 adopted on March 4, 2005; and WHEREAS, Resolution No. 1928 was further amended by Resolution No. 2237 adopted on May l9, 2006; and WHEREAS, Resolution No. 1928 was further amended by Resolution No. 2334 adopted on June 1, 2007; and WHEREAS, Resolution No. 1928 was further amended by Resolution No. 2353 adopted on July 20, 2007; and WHEREAS, the Development Plan includes a list ofparcels ofpropertyto 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, on February 5, 2010, the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the South Side Development Area within the City; WHEREAS, pursuant to the Act, the Department has conducted surveys and investigations and has thoroughly studied the South Side Development Area and the Development Plan; and WHEREAS, upon such surveys, 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 bythe accomplishment of the Plan Amendment which shall include the acquisition of the properties identified in Exhibit A; and WHEREAS, the Plan Amendment conforms to other development and redevelopment 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 ofthe 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 and redevelopment of the property being added to the acquisition list is $500,000.00. 5. The Commission hereby determines that the Plan Amendment conforms.to other development and redevelopment plans for the City. G. The maps and plats ofthe South Side 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 ofthe Act and IC 5-3-1 and after all required filings have been made pursuant to Section l 7(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. ll. 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. (Bulance o~pagc~ inte~rtionu!!y left blu~zk) ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on March 5, 2010, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT S'ignatrrrr Marcia I. ,zones President 'rinlcr Nmnc arrd 7idc South Bend Redevelopment Commission ATTEST: t ~ ~~,~ ; S'i~nalrrre Nancy N. King, Secretary 1'rinu Nnnre nn %'irle South Bend Redevelopment Commission 4{, t+ ~~O~wa ~%~~Y~ "~`b^~ ~~4v~%" t~AR ~ 7 2010 ~~1N CLARK ``~~~=~""" EXHIBIT A TO RESOLUTION N0.2658 AMENDMENT TO THE SOUTH SIDE DEVELOPMENT AREA DEVELOPMENT PLAN Address Property Owners Tax Key # Description Miami Street City of South Bcnd 23-1007-0511001 Retention Pond Miami Stre~;t City of South Bend 23-1007-051 l07 Retention Pond V/L south of Ireland Erskine Playa Association 23-1007-051105 Drive lane 748 Hawbaker Street Afiteh A Bullard 23-1035-1798 House 736 Hawbaker Street Terrance S Debrah Wrublc 23-1035-1799 House 722 Hau-baker Street Emery & Mary Keszei 23-1035-1800 House ..~-- ~~.~._ t;hAft 1 7 2010 .f vr+.l4,V%"~"~r~.~.ti, 111./ Cl1'Y C'Li~ . e Exhibit B (Plan Commission Order) 4 ~;R i 7 2010 RESOLUTION NO. 209-10 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 SIDE 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 March 5, 2010, the Commission approved and adopted its Resolution No. 2658 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH SIDE 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 Side Development Area Development Plan (the "Plan") for the South Side 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. 2658) (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 16th day of March, 2010. ST. JOSEPH COUNTY AREA PLAN COMMISSION ~~~~ Vice-President ATTEST: ~, Secr tart' -2- eA. €,~.• i t~~3 ~ ~g~~3"G..`~.2 1 Zlta~r~v ~;iAR 1 7 2010 art, drrt~;:i'vC~;,tc, A.e 1400 C.OLJNTY-CITY BUILDING 227 W JEFFERSON BOULEVARD SOLJTI{ BEND, INDIANA 46601-1830 CITY OP SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF j ,AW PHONE 574/ 235-9241 FAX 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE March I5, 2.010 ALADEAN M. DEROSE CITY ATTORNEY CHIEF ASSISTANT CITY ATTORNEY Mr. Derek Dieter, President South Bend Common Council 41h Floor County-City Building South Bend, IN 46601 RE: Proposed Addition of various parcels to the South Side 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 (;ZDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the South Side Development Area (SSDA) to add various parcels to the SSDA Acquisition List. The declaratory resolution of the 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. These parcels are in a specific target area within the SSDA related to a proposed work project. The work project, the Erskine Plaza Pond Project, is targeted to improve the drainage network in the Ireland and Miami corridor, improve the appearance and finality of the central interior pond, develop a new pond which will help to naturally dissipate stormwater and to create a new development site along Miami Street. A map of the proposed project impact area is attached for review. Either Lill Schalliol, or another staff member from the Division of Economic Development will present this Resolution to the Common Council. Thank you for your consideration. I A Sincer YIS gf' '~i~~i'4sG~ ~ ~., ,c,' nce J. eteiver F4AR 1 7 ?_010 ssistant City Attorney LJMipp ~,-~F.r, .~er*4r ~ V. ,... t.d ~~? .:Y.~r THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METENER JEFFREY L. SANFORD JOHN E. BRODEN South Side DevelopmentArea -Plan Amendment . , ~~ d. . p a ~~ ~-~ ~... ~ ~y 1 . i ~~ A I ~,'~ ~A~j,`. , lip ~ r $k'S~ `*'; ~ ~ cam' '~'. z ~.. .~ Erskine Plaza Pond Project