5142-25 Resolution to Approve the Plan Commission Order Adopting the Declaratory Resolution to Amend the River West Development Area and Establish the Lincoln and Kennedy Park Residential Housing Development Program Expansion Area

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BILL NO. 25-37 RESOLUTION NO. 5142-25 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE SOUTH BEND PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION FOR THE RIVER WEST DEVELOPMENT AREA ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Redevelopment Commission"), the governing body of the South Bend Department of Redevelopment (the "Department")and the Redevelopment District of the City of South Bend, Indiana(the"District"), pursuant to Indiana Code 36-7-14,as amended(the"Act"),on July 24,2025,approved and adopted its Resolution No. 3644 entitled "Resolution of the South Bend Redevelopment Commission Approving Amendments to the Declaratory Resolution and the Development Plan for the River West Development Area for the Purpose of Establishing a Residential Housing Development Program and Related Matters" (the"Amending Declaratory Resolution"); and WHEREAS, the Amending Declaratory Resolution approved amendments to the Declaratory Resolution previously adopted by the Redevelopment Commission and the development plan(the "Original Plan") previously approved by the Redevelopment Commission in connection with the establishment and subsequent amendment of the River West Development Area (the "Area") and designation of the related allocation areas (collectively, the "Allocation Area") to(i) amend the boundaries of the Area to include certain additional territory(the"Lincoln and Kennedy Park Residential Program Expansion Area")in the Area which is described at Exhibit A to the Amending Declaratory Resolution, (ii) designate the Lincoln and Kennedy Park Residential Program Expansion Area, together with a redesignated portion of the existing Allocation Area which is described at Exhibit B to the Amending Declaratory Resolution (the "Redesignated Area" and together with the Lincoln and Kennedy Park Residential Program Expansion Area, the "Lincoln and Kennedy Park Residential Housing Development Program Area")as an allocation area pursuant to Sections 39 and 56 of the Act to be known as the"Lincoln and Kennedy Park Residential Housing Development Program Area Allocation Area,"(iii)amend and restate the Original Plan as set forth on Exhibit C to the Amending Declaratory Resolution (the Original Plan, as amended and restated,the"Plan"),(iv) further amend the Plan to incorporate the residential housing program for the Lincoln and Kennedy Park Residential Housing Development Program Area as a component of the Plan as set forth on Exhibit D to the Amending Declaratory Resolution (clauses (i) through and including (iv), collectively, the "Residential Amendments"); and WHEREAS, on August 18, 2025, the South Bend Plan Commission (the "Plan Commission")met and adopted and approved its resolution, a copy of which is attached hereto as Exhibit A, determining that the Amending Declaratory Resolution and the Residential Amendments conform to the plan of development for the City of South Bend,Indiana(the"City"), and designated such resolution as the written order of the Plan Commission approving the Amending Declaratory Resolution and the Residential Amendments, as required by Section 16 of the Act(the"Plan Commission Order"); and 1 WHEREAS, Section 16 of the Act prohibits the Redevelopment Commission from proceeding until the Plan Commission Order is approved by the legislative body of the City; and WHEREAS, the Common Council of the City (the "Common Council") is the legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Redevelopment Commission to proceed with the further development of the Area as a result of the Residential Amendments; NOW,THEREFORE,BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Plan Commission Order attached hereto is hereby approved,ratified and confirmed in all respects. SECTION 2. The determination that the Lincoln and Kennedy Park Residential Housing