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HomeMy WebLinkAboutDesignating Tax Abatement - Requesting a Special Exception - University of Notre Dame DU LAC, and Innovation Park at Notre Dame, IncRESOLUTION 3899-08 Passed by the Common Council of the City of South Bend, Indiana August 25, 08 20 Attest: Presented by me to the Mayor of the City of South Bend, Indiana August 26, 20 8 Approved and signed by me City Clerk President of Common Council August 27, 20 0 8 City Clerk RESOLUTION NO. 3 ~~~ -°g A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING A REQUEST FOR A SPECIAL EXCEPTION TO CONSIDER THE DESIGNATION OF CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF TAX ABATEMENT FOR UNIVERSITY OF NOTRE DAME DU LAC, AND INNOVATION PARK AT NOTRE DAME, INC. (THE "PETITIONER") WHEREAS, the Petitioner (both non-profit organizations) and the City of South Bend have cooperated to (a) identify certain property located on the campus of University of Notre Dame as a site for the proposed development of a technology park to be known as "Innovation Park at Notre Dame" (the "Innovation Park"), and (b) complete and submit an application for certification of the Innovation Park (as well as the Studebaker Industrial Park referenced below) as a "Certified Technology Park" by the State of Indiana; WHEREAS, it is anticipated that the Innovation Park will, after numerous phases, be comprised of approximately 200,000 square feet of lab and office space and will pursue a mission to "transform research into marketable enterprises' ; WHEREAS, the City of South Bend has also identified the Studebaker Industrial Park as a satellite site for the facilities to accommodate business activity emerging from the commercialization of research and innovations from the Innovation Park; WHEREAS, petitions for real and personal property tax abatement (together, "Petitions") have been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana (the "Common Council"), requesting that a site of approximately 12-acres (commonly known as Edison Road adjoining Twyckenham Drive extension on State Road 23), and which is more particularly described as follows: Parcel 1: A Parcel of land in the Northwest Quarter of Section 6, Township 37 North, Range 3 East of the Second Principal Meridian, St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Northwest Quarter of said Section 6; thence South 00°43'29" East (this and all subsequent bearings based on the Indiana State Plane Coordinate System, East Zone), 460.85 feet along the East line of said Northwest Quarter to the northwesterly line of a parcel of land conveyed to the State of Indiana for right-of- way purposes along State Road 23 (South Bend Avenue) recorded October 5, 1991 as Document Number 9129497 in the Office of the Recorder of St. Joseph County, Indiana; thence South 53°08'24" West, 123.83 feet along said northwesterly line to the POINT OF BEGINNING of this description; thence continuing along said line South 53°08'24" West 58.42 feet; thence South 50°14'48" West, 250.32 feet along said line to the northwesterly boundary of S.R. 23; thence South 52°50'49" West,- 338.01 feet along said boundary; thence North 36°50'07" West, 588.23 feet to the south line of a parcel of land designated as parcel number 3 for relocated Edison Road and Twyckenham Drive extension on a Right-of--Way plat recorded August 16, 2005 as Document Number 0537239 in said Recorder's Office; thence along the southerly and westerly lines of said parcel number 3 the following 6 courses and distances: 1) northeasterly 241.94 feet along a curve to the left having a radius of 1190.00 feet and subtended by a long chord bearing North 56°00'19" East, a distance of 241.52 feet; 2) northeasterly 591.36 feet along a curve to the right having a radius of 1070.00 feet and subtended by a long chord bearing North 66°00'50" East, a distance of 583.86 feet; 3) South 58°26'38" East, 68.74 feet; 4) South 00°47'43" West, 10.96 feet; 5) southerly 265.73 feet along a curve to the left having a radius of 960.00 feet and subtended by a long chord bearing South 07°08'04" East, a distance of 264.89 feet; 6) South 15°03'52" East, 139.03 feet to the point of beginning, and containing 9.446 acres more or less. Parcel 2: A Parcel of land partly in the Northwest Quarter and partly in the Northeast Quarter of Section 6, Township 37 North, Range 3 East of the Second Principal Meridian, St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Northwest Quarter of said Section 6; thence South 00°43'29" East (this and all subsequent bearings based on the Indiana State Plane Coordinate System, East Zone), 460.85 feet along the East line of said Northwest Quarter to the northwesterly line of a parcel of land conveyed to the State of Indiana for right-of- way purposes along State Road 23 (South Bend Avenue) recorded October 5, 1991 as Document Number 9129497 in the Office of the Recorder of St. Joseph County, Indiana; thence South 53°08'24" West, 5.36 feet along said northwesterly line to the easterly line of a parcel of land designated as parcel number 3 for Twyckenham Drive extension and relocated Edison Road on aRight-of--Way plat recorded August 16, 2005 as Document Number 0537239 in said Recorder's Office and to the POINT OF BEGINNING of this description; thence along the easterly and northerly lines of said parcel number 3 the following 5 courses and distances: 1) North 15°03'52" West, 80.12 feet; 2) North 09° 12' 15" West, 142.01 feet; 3) North 00°09'24" West, 106.80 feet; 4) North 21 ° 13' 12" East, 64.63 feet; 5) North 89°10'21" East, 182.11 feet to the west boundary of vacated Ivy Road; thence South 00°46'11" East, 250.94 feet along said vacated Ivy Road to the northerly corner of the aforementioned parcel conveyed to the State of Indiana for right-of--way purposes; thence South 31°35'38" West, 27.44 feet along the northwesterly line of said parcel; thence South 53°08'24" West, 188.28 feet along the northwesterly line of said parcel to the point of beginning, and containing 1.490 acres more or less, and which is contained in two original parcels with tax key numbers 18-5102-3579 and 17-1017- 0406 (the "Property"), be designated as an Economic Revitalization Area under the provisions of Indiana Code sections 6-1.1-12.1-1 et se ., and South Bend Municipal Code sections 2-76 et sew.; and WHEREAS, the proposed site, development and use of the Property as a Certified Technology Park is unique and is not specifically contemplated in South Bend Municipal Code sections 2-76 et sew. (the "Municipal Code") as an area or use which is "pre-designated" for tax abatement consideration using the general standards for tax abatement consideration under the Municipal Code; and WHEREAS, the Common Council has authority under Municipal Code Section 2-84 et sec ., to declare any property within the City as an economic revitalization area, and WHEREAS, Petitioner has requested that the Common Council grant a special exception to consider designating the Property as an Economic Revitalization Area for purposes of real and personal property tax abatement related to the development of the Innovation Park. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Petitioner has presented testimonial and documentary evidence, including without limitation, the Petitions which detail the proposed investment in and development of the Innovation Park, together with estimates of benefits which are reasonably expected to result from the Innovation Park. SECTION II. Based on information presented, the Common Council hereby makes the following findings in support of this resolution: A. The Petitioner and the City of South Bend have cooperated to identify the Innovation Park as the site for a technology park; B. Applications have been filed by the City of South Bend for the Innovation Park, together with the Studebaker Industrial Park, to be designated as sites comprising a Certified Technology Park under Indiana law; C. The Petitioner intends that the Innovation Park will be the site of office and laboratory facilities which will be used to research, develop and commercialize products and solutions based on intellectual property and other research; D. The Studebaker Industrial Park is anticipated to serve as a satellite site for facilities to accommodate business activity emerging from the commercialization of research and innovations from the Innovation Park; E. The Petitioner intends to construct the Innovation Park on approximately 12-acres of vacant property located near the campus of University of Notre Dame at significant cost, and to compete for tenants who seek to locate to technology parks to further research and development activities; F. The construction of the Innovation Park is speculative in that Petitioner must attract tenants with research and development expertise to locate within the Innovation Park as opposed to other competing technology parks affiliated with Universities within and outside of Indiana; G. The Petitioner is committed to operating the Innovation Park in a manner that will benefit the City of South Bend and surrounding areas through the anticipated introduction and transfer of new technologies and systems to the private sector and marketable enterprises; H. The designation of the Innovation Park and Studebaker Industrial Park as complimentary sites for the Certified Technology Park is intended to enable emerging businesses to locate to and remain in the City of South Bend; I. The products/marketable enterprises which result from operations at the Innovation Park are anticipated to contribute to increased employment opportunities available in the City and surrounding areas, thus leading to improved employment opportunities for the local work force; J. The property is located within the Northeast Neighborhood Development Area, an area within the city that has been targeted by the Common Council for consideration of tax abatement for redevelopment and rehabilitation; K. The Petitioner anticipates that construction of the first building in the Innovation Park could begin as early as fall, 2008, at significant cost as described in the Petitions; and L. The Petitioner is respectfully requesting a Special Exception under the City of South Bend's Tax Abatement Ordinance, for the Common Council to consider designating the Property as an economic revitalization area and approving real and personal property tax abatements for the Innovation Park. SECTION III. The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to approve a Special Exception to permit further consideration of designating the Property as an economic revitalization area for real and personal property tax abatement consideration, all in accordance with Article 6, Division 9, Section 2-84 of the South Bend Municipal Ordinance and Indiana Code 6-1.1-12.1-1 et seQ. SECTION IV. The Common Council hereby approves the Special Exception, for the purpose of permitting the Council to proceed with consideration of the Petition on its merits. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ~' Member of the Co on Council P~2ESEN7ED $ ~ZS'04 i\O7 APPROVED ADOPTED ~,ZS v~ Filed In Clerk's Orrice AUG 2 0 2008 JOHN VOORDE CITY CLERK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 08-78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING A REQUEST FOR A SPECIAL EXCEPTION TO CONSIDER THE DESIGNATION OF CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF TAX ABATEMENT FOR UNIVERSITY OF NOTRE DAME DU LAC, AND INNOVATION PARK AT NOTRE DAME, INC. (THE "PETITIONER") 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. Derek Dieter Chairperson, Committee of the Whole Hello to all... I am currently in Denver for the DNC. I regret that I cannot be in attendance for today's meetings but I have a few concerns. After a trip to Notre Dame Friday with a few other council members I came to understand that Notre Dame's commitment to our tax base or South Bend's growth is not clear. A question was asked about Notre Dame's commitment to our city and we never got an answer. I hope in the near future their commitment will be more than volunteer services and a homeless shelter and we will be able to sit with them to document our true commitment to each other. I hope that Notre Dame will invest dollars into our city's budget for the fire and police services that they use on a daily basis. My heart leads me to vote NO to any tax abatement for Innovation Park. We are on the brink of cutting well paying jobs for civil servants with families who have small children. These servants are depended upon by their families to 'bring home the bacon'. Our city needs a huge financial blessing now and not in 5-10 years. Notre Dame is working on a $500 million project that appears to be well underway and completely financed. I will not feel good about giving anyone else a tax abatement with the fear of cutting city services. Our constituents need to know how they will gain or lose from any of these projects. In no way shape or form am I against Notre Dame or their expansion but I am definitely PRO-SOUTH BEND! We (South Bend Common Council) need to have a plan in place to make sure the residual dollars flow into South Bend from this tech park, and giving tax abatement does not foster that particular growth. A tax abatement will continue to encourage companies and outsiders not to pay their way unlike the residents that we serve. A good question to ask... Are people from SOUTH BEND, such as skilled laborers and local minority contractors, going to have a hand in working to build this beautiful addition to Notre Dame's campus? Another question to ask... What happens to our downtown growth and downtown businesses? I understand this project will happen in South Bend's city limits but what happens to South Bend's core? This project encompasses Eddy Street Commons and Nano-technology and we as residents of South Bend are hoping that this project works within the next 15 years. Many of us may not be here to see it what happens in 15 years if it ever happens. What is South Bend's plan to increase revenue stream into this city without looking forward to the next great project that comes thru Notre Dame? What is South Bend's next great project and when was the last one? I hope that we as a council look at these tax abatement thoroughly before we continue to mortgage our children's future away. I hope all goes well with you and look forward to seeing everyone next week. I am so hyped up about the DNC so I can join in on the chant of "YES WE CAN! ! !" God Bless! 'l r V~ ~~, ~, r ~ ~`ii~d in ~~~~~'~ ~~~ice AUG 2 5 2008 J(~i~{tJ VOLPCE CITY CLEti;~, S0. ~ahN, IN.