HomeMy WebLinkAboutDesignating the Douglas Road Economic Development Area and Approving the Order of the Area Plan CommissionRESOLUTION NO. 3 5 5 � _ 0S0
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
DESIGNATING THE DOUGLAS ROAD ECONOMIC DEVELOPMENT AREA AND
APPROVING THE ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY,
INDIANA THAT THE DOUGLAS ROAD ECONOMIC DEVELOPMENT AREA
DEVELOPMENT PLAN DECLARED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION CONFORMS TO THE PLAN FOR DEVELOPMENT FOR THE CITY OF SOUTH
BEND AND ADOPTING THE DOUGLAS ROAD DEVELOPMENT AREA DEVELOPMENT
PLAN
WHEREAS, pursuant to Ind. Code § 36- 7 -14 -1, et seq. ( "Act "), the South Bend Redevelopment
Commission ( "Commission ") has conducted investigations, studies and surveys and has thoroughly studied the
area described herein and on December 2, 2005, the Commission adopted Resolution No. 2199 designating the
area described as follows to be known as the Douglas Road Economic Development Area ( "Area "):
That part of the Southeast Quarter of Section 29 and the Northeast Quarter of Section
32, both being in Township 38 North, Range 3 East, Clay Township, City of South
Bend, St. Joseph County, Indiana, which is described as: Beginning at the Southwest
corner of the Plat of "Eclipse Douglas Road Minor Subdivision" as Recorded by
Document No. 0525591 in the Records of the St. Joseph County, Indiana Recorder's
Office; thence along the boundary of said Plat for the next three (3) courses, N. 00 °-
22'-23" E., 386.03 feet and S. 90 °- 00' -00" E., 995.85 feet and S. 00 °- 24' -09" W.,
385.95 feet to the Centerline of Douglas Road and the North line of the Plat of
"LaFree's Douglas Road Minor Subdivision" as Recorded by Document No.
0438848 in the Records of said Recorder's Office; thence S. 901- 00' -00" E. along
said Centerline and North line, 131.95 feet to the Northeast corner of said Plat;
thence S. 00 °- 16' -07" W. along the East line of said Plat, 782.00 feet to a point on
the North line of the Plat of "Hartman's Douglas Road Minor Subdivision" as
recorded in the Records of said Recorder's Office; thence along the Boundary of said
Plat for the next twelve (12) courses, N. 89 °- 52' -15" E., 200.51 feet and S. 00° -19'-
34" W., 567.55 feet and S. 89 °- 55' -55" W., 454.13 feet and N. 00 °- 18' -07" E.,
300.32 feet and N. 83' — 31' -41" W., 364.78 feet and N. 00 °- 08' -39" E., 226.95 feet
and N. 89 °- 57' -12" W., 509.91 feet and N. 00 °- 31' -07" W., 287.09 feet and N. 89 °-
44'-18" E., 134.10 feet and N. 01 --07'-3011 E., 243.39 feet and N. 890- 52' -54" E.,
187.70 feet and N. 000- 14' -52" E., 199.71 feet to the South Right -of -way line of
Douglas Road; thence S. 89 °- 57' -53" W. (Record, West) along said South line,
324.33 feet more or less to a point on the West line of the East half of the Northeast
Quarter of said Section 32; thence N. 00°- 31' -07" E. along said West line, 20.00 feet
more or less to the Point of Beginning.
1
WHEREAS, the Commission has caused to be prepared maps and plats of the Area which show
the boundaries of the Area, the location of various parcels of property, streets, alleys, and other features
affecting the acquisition, clearance, replatting, replanning, rezoning, or redevelopment of the Area,
indicating the parcels of property to be excluded from acquisition and the parts of the Area to be devoted
to public ways, levees, sewerage, parks, playgrounds and other public purposes; and
WHEREAS, upon such surveys, investigations, and studies being made, the Commission has
found and determined in its Resolution No. 2199 that Area is lacking in adequate public improvements
to such an extent that such conditions cannot be corrected by regulatory processes or by the ordinary
operations of private enterprise without resort to the provisions of the Act; and
WHEREAS, the Commission has in its Resolution No. 2199 adopted the Douglas Road
Economic Development Area Development Plan ( "Development Plan ") to serve as the plan for the
redevelopment of the Area; and
WHEREAS, in its Resolution No. 2199, the Commission also approved conditions under which
relocation payments will be made within the Area and established an Allocation Area for purposes of tax
incremental financing; and
WHEREAS, in accordance with the Act, the Commission has submitted its Resolution No. 2199
together with the Development Plan and supporting data to the Area Plan Commission of St. Joseph
County, Indiana ( "Plan Commission ") for approval; and
WHEREAS, the Plan Commission by its Resolution No. 164 -05, adopted on December 20, 2005,
approved, ratified and confirmed Commission Resolution No. 2199 and the Development Plan and
further, the Plan Commission determined that Resolution No. 2199 and the Development Plan conform to
the Master Plan of Development for the City of South Bend; and
WHEREAS, the Common Council has received from the Commission certain proposed findings
of fact as set forth in the Commission's Resolution No. 2199 which concern the location, physical
condition of structures, land use, environmental influences and other economic conditions of the Area;
and
WHEREAS, the Common Council is cognizant of the conditions that are imposed by Title VI of
the Civil Rights Act of 1964, as amended and is further, cognizant of the views of the residents, taxpayers
and merchants in the Area; and
WHEREAS, the South Bend Common Council, as governing body ofthe City, is required by the
Act to approve the order of the Plan Commission and is further required to adopt the Development Plan
before the Commission may proceed with acquisition in the Area or otherwise implement the
Development Plan.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council, as follows:
Section 1. The order of the Area Plan Commission of St. Joseph County, Indiana as
expressed in its Resolution No. 164 -05 of December 20, 2005 as attached hereto and incorporated
2
herein at Exhibit "A ", is in all respects, approved.
Section 2. The Common Council hereby finds and determines that based upon the evidence
presented consisting of maps and plats of the Area and the proposed findings of fact submitted to
it, that the Area, which has been found by the Commission to be lacking in adequate public
improvements to such an extent that such conditions cannot be corrected by regulatory
processes or by the ordinary operations of private enterprise without resort to the provisions
of the Act.
Section 3. The Common Council hereby finds and determines that the objectives of the
Development Plan cannot be achieved without extensive rehabilitation ofthe Area consistent with
the Development Plan.
Section 4. The Common Council hereby finds that the Area is contiguous and compact.
Section 5. The Common Council hereby recognizes the need for considering the views ofthe
residents, taxpayers, and merchants in the Area in the redevelopment of the Area.
Section 6. The Common Council hereby assures the United States of America full
compliance with the provisions of Title VI of the Civil Rights Act of 1964, as amended.
Section 7. The Common Council hereby finds and determines that South Bend
Redevelopment Commission Resolution No. 2199 dated December 2, 2005, the Development
Plan and the written order of the Area Plan Commission set forth in their Resolution No. 164 -05
are in all respects approved and adopted; all of which is consistent with the provisions of Indiana
Code § 36- 7- 14 -16, Version b.
Section 8. The Common Council hereby directs the City Clerk to file certified copies hereof
together with the minutes of this meeting.
Section 9. This resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
SOUTH BEND COMMON COUNCIL
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HAWPDATAMUGLAS RD ECON DVT AREA\RES - SBCOMCOUNCIL DREDA.DOC
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
06 -09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA DESIGNATING THE DOUGLAS ROAD
ECONOMIC DEVELOPMENT AREA AND APPROVING THE ORDER
OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY,
INDIANA THAT THE DOUGLAS ROAD ECONOMIC DEVELOPMENT
AREA DEVELOPMENT PLAN DECLARED BY THE
SOUTH BEND REDEVELOPMENT COMMISSION CONFORMS
TO THE PLAN FOR DEVELOPMENT FOR THE CITY OF
SOUTH BEND AND ADOPTING THE DOUGLAS ROAD
DEVELOPMENT AREA DEVELOPMENT PLAN
Respectfully report that they have examined the maf
is being recommended to the full Council with a fav(-
Roland Ke �c,Q�s a ytA�rt-
Chairman real.
RESOLUTION NO. 164 -05
A RESOLUTION OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA,
APPROVING THE SOUTH BEND REDEVELOPMENT COMMISSION'S DECLARATORY
RESOLUTION NO. 2199 WHICH DESIGNATES AND DECLARES THE DOUGLAS ROAD
ECONOMIC DEVELOPMENT AREA, APPROVES AN ECONOMIC DEVELOPMENT PLAN,
AND ESTABLISHES AN ALLOCATION AREA FOR PURPOSES OF TAX INCREMENTAL
FINANCING, AND FINDING THAT THE ECONOMIC DEVELOPMENT PLAN CONFORMS
TO THE MASTER PLAN OF DEVELOPMENT FOR THE CITY OF SOUTH BEND AND
APPROVING SAID RESOLUTION NO. 2199 AND THE DEVELOPMENT PLAN
WHEREAS, the City of South Bend, Indiana, Redevelopment Commission ( "Commission ") has
approved and adopted Resolution No. 2199 designating and declaring the Douglas Road Economic
Development Area, approving an economic development plan ('Development Plan ") and establishing an
allocation area for purposes of tax incremental financing has submitted said Resolution No. 2199 and
Development Plan to the Area Plan Commission of St. Joseph County for approval pursuant to the provisions
of Ind. Code § 36- 7 -14 -1, et seq. ( "Act"), which Resolution and Development Plan are attached hereto and
incorporated herein; and
WHEREAS, pursuant to the provisions of the Act, the Commission desires to designate and declare
the Douglas Road Economic Development Area ( "Area "), adopt the Development Plan and establish an
allocation area for purposes of tax incremental financing
NOW, THEREFORE, BE IT RESOLVED by the Area Plan Commission of Saint Joseph County,
Indiana, as follows, that:
1. Resolution No. 2199 of the South Bend Redevelopment Commission and the Douglas Road
Economic Development Area Development Plan attached hereto each conform to the Master Plan of
Development for the City of South Bend.
2. The Area Plan Commission of St. Joseph County, Indiana has given consideration to the
transitional and permanent provision for adequate housing for the residents of the Area who may be
displaced by development of the Area.
3. Resolution No. 2199 of the South Bend Redevelopment Commission designating and
declaring the Douglas Road Economic Development Area, approving the Development Plan and
establishing an allocation area for purposes of tax incremental financing, is in all respects approved,
ratified and confirmed.
4. The Development Plan is in all respects approved, ratified and confirmed.
HAW DATAWOUGLAS RD ECON DVT AREAaES164 -06- DECLARATORYA CDREDA.DOC
2005.
Attest:
5. This Resolution hereby constitutes a written order of the Area Plan Commission of St. Joseph
County approving Resolution No. 2199 and the Development Plan pursuant to Ind. Code § 36 -7 -14-
16.
6. The Secretary is hereby directed to file a copy of said Resolution No. 2199 and the
Development Plan with the minutes of this meeting.
PASSED by the Area Plan Commission of St. Joseph County, Indiana this A _ day of December,
W • Secretary
HAWPDATM)OUGLAS RD ECON DVT AREMRES164 -05- DECLARATORY Arc DREDA.DOC
President
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DOUGLAS ROAD ECONOMIC
DEVELOPMENT AREA
DEVELOPMENT PLAN
Declaratory Resolution No. 2199 and Plan presented to the Redevelopment Commission on December 2, 2005
Declaratory Resolution No. 164 -05 and Plan presented to the Area Plan Commission on December 20, 2005
Declaratory Resolution No. _ and Plan presented to the South Bend Common Council on January 23, 2006
Confirming Resolution No. and Plan presented to the Redevelopment Commission on
DOUGLAS ROAD ECONOMIC DEVELOPMENT AREA
DEVELOPMENT PLAN
INTRODUCTION.................................................................... ..............................1
DESCRIPTION OF PROJECT ............................................... ..............................1
Boundaries of the Douglas Road Economic Development Area ..........................1
Goals and Objectives .............................................................. ..............................2
Obstacles to Achieving the Economic Development Plan ...... ..............................2
Proposed Economic Development Activities .......................... ..............................3
Expected Public- Benefit from the Economic Development of the Area ................3
LANDUSE .............................................................................. ..............................3
Development Controls ........................................................... ............................... 3
PublicImprovements ....................................:......................... ..............................4
PROJECT PROPOSALS ....................................................... ..............................4
PropertyAcquisition ................................................................ ..............................4
Property Rehabilitation ........................................................... ..............................4
Developers Obligations ........................................................... ..............................5
STATUTORY AUTHORITY .................................................... ..............................7
PROCEDURE FOR AMENDMENT OF THE
APPROVED DEVELOPMENT PLAN ..................................... ..............................7
EXHIBIT A ......................... ............................... Area Boundary Legal Description
EXHIBIT B ................. ............................... ........................Property Acquisition List
EXHIBIT C ............ Commitment Regarding Use and Development of Real Estate
MAP 1 ................................ ............................... Development Area Boundary Map
MAP 2 .................................... ............................... Development Area Zoning Map
MAP 3 ...................... ............................... Development Area Expansion Area Map
INTRODUCTION
The Douglas Road Economic Development Area ( "Area ") provides the City of South
Bend with a unique opportunity to improve its economic position in a Midwestern,
regional and local context. By creating a new area for commercial development, the
city will generate new jobs, increase its tax base, diversify business opportunities and
compete in a larger marketplace, while generating millions of dollars of new investment
for North Central Indiana.
The Area, which is zoned primarily for commercial purposes, is a prime site for new
development due to its ready access to a large, regional, commercial retail corridor in
the Grape Road /Main Street Commercial District in Mishawaka. As available
development area on Grape and Main has been consumed over the last twenty years,
commercial retail and commercial office uses have begun to spread along the east -
west arterials like Edison Road, Day Road and Douglas Road. The proposed Area is
located at the easternmost point of the city limits of the City of South Bend and is a
logical extension of the commercial development that is already developing along
Douglas Road between State Road 23 and Grape Road.
While the above mentioned factors combine to provide a strong impetus for
development of this Area, lack of suitable roadway access and the absence of utility
infrastructure have hindered normal development of an otherwise prime development
site.
It is the expectation of the Redevelopment Commission that the development of this
Area will produce a significant increase in the city's overall economic vitality. To achieve
this, however, the Redevelopment Commission and the City of South Bend must be
able to provide the necessary public improvements to make the site suitable for new
development. This requires public funds for capital improvements. The best method
for funding these improvements without adding to the tax burden is through tax
incremental financing. This tool is currently available only in redevelopment and
economic development areas and will be of the utmost importance in this project. By
using the tax increment generated by new development, the city will be in a position to
provide the necessary capital improvements to spur future growth and development of
this Area and the South Bend community as a whole.
DESCRIPTION OF PROJECT
Boundaries of the Douglas Road Economic Development Area
The boundaries of the Douglas Road Economic Development Area are attached as
Exhibit "A ".
Goals and Objectives
Goals and objectives for the economic development of the Douglas Road Economic
Development Area are:
1. To stimulate the development of currently vacant land through the creation of
developable sites.
2. To stimulate new, private development and investment in the Area.
3. To increase and diversify the city's tax base.
4. To create a significant number of new job opportunities for the citizens of South
Bend.
5. To improve the public infrastructure, specifically Douglas Road, to an upgraded
status from SR 23 to the Mishawaka City limits.
6. To provide coordinated planning for a future growth area for the City.
Obstacles to Achieving the Economic Development Plan
Although the Douglas Road Economic Development Area has the potential to be a
prime site for new commercial growth and development, the economic development
plan for the Area cannot be achieved by regulatory processes or by the ordinary
operation of private enterprise because of:
1. Lack of necessary public improvements in the Area, such as the inadequate
condition of Douglas Road for commercial purposes, the lack of public utilities
and other infrastructure related to the orderly growth and development of new
commercial, office and dense residential development concerns.
2. Lack of public utilities and upgraded infrastructure improvements has created a
condition that lowers the value of the land below that of nearby land, specifically
land to the east and to the west that is properly serviced with commercial grade
utilities and infrastructure.
3. Lack of public funding to provide the necessary public utilities and infrastructure to
allow for natural private sector growth to occur.
Proposed Economic Development Activities
Realization of the stated goals and objectives will be accomplished by a combination of
public and private actions. These actions could include, but are not limited to, the
following: property acquisition, relocation, clearance and dedication of public right -of-
way, provisions for public facilities and improvements, and any other activity pertaining
to planning and implementing an economic development plan.
Expected Public Benefit from the Economic Development of the Area
The implementation of the Douglas Road Economic Development Area Development
Plan will result in several public benefits to the citizens of South Bend, including:.
Significant new job creation resulting from the new development as well as
expansion of retail, commercial and office uses within the Area.
2. Increased and diversification of the city's tax base.
3. New private investment and development, as well as the coordination of
development in future growth areas adjacent to the development area.
4. Improved roadway access in the northeast portion of the city along Douglas
Road.
5. New construction and development opportunities, which will result in additional
jobs and investment, especially in the construction trades as well as
architectural, engineering and other related fields.
Coordinated planning for a future growth area for the city.
LAND USE
Development Controls
In an effort to reduce real or perceived development constraints within the Area, the
Redevelopment Commission will use the standards and guidelines contained within the
Zoning Ordinance in Chapter 21 of the Municipal Code of the City of South Bend. In
the event that need arises to develop an overlay or master design zone for the Area, a
set of development guidelines and standards will be presented to the Redevelopment
Commission for its adoption.
Public Improvements
In order to stimulate and facilitate new development and expansion in the Area, the City
of South Bend will construct the following improvements in the Area, depending on the
availability of funds:
Widening construction and other improvements to existing roadways like
Douglas Road or to new roadways.
2. Extension or construction of utilities such as water mains, storm and sanitary
sewers and other improvements needed to serve the Area.
3. Other infrastructure improvements such as internal streets, lighting, landscaping,
sidewalks, curbs, etc., as needed to serve the Area.
4. Other public improvements, as necessary for the Area.
These public improvements will be phased as funds become available.
PROJECT PROPOSALS
Property Acquisition
The Land Acquisition Plan Map ( "Map 3 ") and Property Acquisition List ( "Exhibit B ")
indicate no properties to be acquired for economic development purposes at this time.
The initial development and designation requires no property acquisition.
In the event of the acquisition of property, the Redevelopment Commission will sell or
lease the property to a purchaser or lessee at its fair market value, excepting those
cases when the property is sold or leased to another public body pursuant to Indiana
Code 36- 7- 14 -22(a) or 36- 1 -11 -8, for uses in accordance with the Plan.
Property Rehabilitation
All properties in the Douglas Road Economic Development Area shall comply with the
standards set forth in all applicable statutes, codes and ordinances, as amended from
time to time, relating to the use, maintenance, and occupancy of existing property,
including but not limited to, the Building, Plumbing, Heating, and Electrical Codes.
Developers Obligations
In the event land is acquired by the South Bend Redevelopment Commission, the land
will be disposed of subject to an Agreement between the Commission and any potential
developer. Any potential developer will be required by the Contractual Agreement to
observe the Land Use and building requirements of this Development Plan. They will
further be required to submit a development schedule satisfactory to the South Bend
Redevelopment Commission. No developer will be permitted to defer the start of
construction for a. period longer than that required for the preparation of necessary
development plans.
In addition, the following provisions will be included in any agreement:
That any developer will submit to the Commission a plan and schedule for the
proposed development.
That the purchase of the land is for the purpose of development and not for
speculation.
3. That the land will be built upon and improved in conformity with the objectives
and provisions of the Development Plan.
4. That the building of improvements will be commenced and completed within a
reasonable period of time.
STATUTORY AUTHORITY
The controls, regulations and land use restrictions contained in this Plan are for the
specific purpose of implementing the Douglas Road Economic Development Area
Development Plan pursuant to Indiana Code 36- 7- 14- 1- et.seq.
PROCEDURE FOR AMENDMENT OF THE APPROVED
DEVELOPMENT PLAN
The Development Plan for the Douglas Road Economic Development Area may be
amended by resolution of the South Bend Redevelopment Commission. Any change
affecting any property or contractual right can be effectuated only in accordance with
applicable state and local law.
EXHIBIT A
Area Boundary Legal Description
Legal description for the Douglas Road Economic Development Area
That part of the Southeast Quarter of Section 29 and the Northeast Quarter of Section 32,
both being in Township 38 North, Range 3 East, Clay Township, City of'South Bend, St.
Joseph County, Indiana, which is described as: Beginning at the Southwest corner of the
Plat of "Eclipse Douglas Road Minor Subdivision". as Recorded by Document No. 0525591
in the Records of the St. Joseph County, Indiana Recorder's Office; thence along the
boundary of said Plat for the next three (3) courses, N. 00 °- 22' -23" E., 386.03 feet and S.
900- 00' -00" E., 995.85 feet and S. 00 °- 24' -09" W., 385.95 feet to the Centerline of
Douglas Road and the North line of the Plat of "LaFree's Douglas Road Minor Subdivision"
as Recorded by Document No. 0438848 in the Records.of said Recorder's Office; thence
S. 900- 00' -00" E. along said Centerline and North line, 131.95 feet to the Northeast corner .
of said Plat; thence S. 000- 16' -07" W. along the East line of said Plat, 782.00 feet to a
point on the North line of the Plat of "Hartman's Douglas Road Minor Subdivision" as
recorded in the Records of said Recorder's Office; thence along the Boundary of said Plat
for the next twelve (12) courses, N. 890- 52' -15" E., 200.51 feet and S. 00 °- 19' -34" W.,
567.55 feet and S. 890- 55' -55" W., 454.13 feet and N. 000- 18' -07" E., 300.32 feet and N.
83°- 31' -41" W., 364.78 feet and N. 000- 08' -39" E., 226.95 feet and N. 89 °- 57' -12" W.,
509.91 feet and N. 000- 31' -07" W., 287.09 feet and N. 89 °- 44' -18" E., 134.10 feet and N.
01 0- 07' -30" E., 243.39 feet and N. 890- 52' -54" E., 187.70 feet and N. 000- 14' -52" E.,
199.71 feet to the South Right -of -way line of Douglas Road; thence S. 890- 57' -53" W.
(Record, West) along said South line, 324.33 feet more or less to a point on the West line
of the East half of the Northeast Quarter of said Section 32; thence N. 00 °- 31' -07" E. along
said West line, 20.00 feet more or less to the Point of Beginning.
Containing 33.99 Acres more or less.
Subject to all legal highways, easements and restrictions of record.
EXHIBIT B
Property Acquisition List
Resolution # Date Property Tax ID Owner's
Address Name
EXHIBIT C
Commitment Regarding Use and Development of Real Estate
COMMITMENT REGARDING USE AND DEVELOPMENT
OF REAL ESTATE
Richard & Anne Lafree of 804 Lincolnway East, Mishawaka, Indiana 46544, and Jerry & Marguery Viacri of [5575
Victorian Court, Granger, Indiana 46530, hereinafter referred to as "Owners ", concerning certain real estate located in
the 3500 Block of the South side of Douglas Road. South Bend; Indiana 46635 with the total being 6.97 acres,
commonly known as the 3500 Block of the South side of Douglas Road, South Bend, Indiana 46635 and the legal
description being as follows:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST,
CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS:
BEGINNING AT THE NORTHWEST CORNER OF THE PLAT OF "LAFREE'S DOUGLAS ROAD MINOR
SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0438848 IN THE RECORDS OF THE RECORDER'S
OFFICE OF ST. JOSEPH COUNTY, INDIANA, THENCE S. 000- 00' -00" W. ALONG THE WEST LINE OF SAID
PLAT. 752.75 FEET MORE OR LESS; THENCE S. 90'- 00' -00" W., 199.43 FEET MORE OR LESS: THENCE N.
00`- 00' -00" E., 318.40 FEET MORE OR LESS; THENCE S. 90'- 00' -00" W., 35187 FEET MORE OR LESS;
THENCE N. 00'- 00' -00" E., 431.36 FEET MORE OR LESS TO THE CENTERLINE OF DOUGLAS ROAD;
THENCE N. 900- 00' -00" E. ALONG SAID CENTERLINE. 55332 FEET MORE OR LESS TO THE POINT OF
BEGINNING.
CONTAINING 6.97 ACRES !NIORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
And having filed a petition to Rezone said property on June 8. 2005 with the City of South Bend Common Council and
the Area Plan Commission of St. Joseph County to Rezone said property from "SFI" Single Family and Two Family
District and "OB" Office Buffer District to "CB" Community Business District. does hereby make, pursuant to I.C. 36-
7-4 -613, the following commitments concerning the use and development of said real estate as expressed conditions of
the proposed rezoning of said property from "SFI° Single Family and Two Family District and "OB" Office Buffer
District to "CB" Community Business District by the City of South Bend Common Council:
1. The Owners agree not to use the above - described property for any of the following Primary Uses: (a). Gasoline
Service Station with or without repair, (b). Fast FoodlDrive- Through, Bar, Cabaret - Adult, Cabaret -21 and Over,
Tavern, (c). Bus Station, (d). Neighborhood Recycling Collection, (e). Skating Rink (ice or roller) — indoor: Social
Hall; Theater- indoor, (t). Retail: Improvement Store; Lumber Yard; Special Exception Uses: (a). Miscellaneous:
Casinos with or without Hotel facilities where gambling games are conducted, Off -Track Pari - mutual Wagering
facilities, Public Dance Hall. Billard Hall, Pawn Shop, Gun Shop and Gunsmith Shops, (b). Personal services: Tattoo,
Body Piercing, Scarifying and Branding Establishments. (c). Recreation: Arcades. Amusement .Arcades; Fairgrounds;
Skate Board Park; Theater- outdoor.
2. The Owners agree to use the north 450 feet of the propem described above for allowed retail uses (excepting uses
listed in item = I above). Any building located in excess (i.e. further south) of the above stated north -south dimension
shall be limited to Professional office uses including but not limited to N'tedical office uses.
3. Owners also agree to have no ingress or egress from the 'CB' Community Business Zoned portion of the property to
Elkins Street or McEdain Avenue.
1. The Owner agrea that this Commitment shall be recorded in the Office of the St. Joseph County Recorder, and a
file- marked copy of the recorded Commitment shall be furnished to the City of South Bend Common Council, the Area
Plan Commission of St. Joseph County, and all propert y owners of record located within three hundred (300') feet of
the petitioned property': the Petitioners further agree that these commitments shall take effect upon the adoption of an
amendment to the City of South Bend Zoning Ordinance by the City of South Bend Common Council in accordance
with the Petitioner's Petition to rezone; - - -
i. The Owners further agree that these commitments be modified or terminated only by a decision of the Area Plan
Commission of St. Joseph County made at a public hearing after notice has been provided by their rules as provided at
I.C. 36-7-4-615;
6. The Owners agree that this commitment shall be enforceable by an action in either law or equity by the City of South
Bend, the City of South Bend Common Council, City of South Bend Zoning Administrator, the Area Plan Commission
of St. Joseph County, or by one (1) or more property owners located within three hundred (300') feet of the petitioned
propem and or the successors and assigns of said property owner, said property owners being a class of especially
aff cted persons entitled to enforce these commitments as contemplated by LC. 36 -7 -d -615:
?. The Owners hereby agree that the use and development of said Property shall be strictly in accordance with the terms
and provisions of these commitments and:
S. The Owners further agree that these commitments shall be binding upon the owners, their successors in interest,
assigns, heirs, beneficiaries and personal representatives of their estates provided they be then in title in the real estate
above described.
Executed day of j i 1 2006
♦TTCCT
.approved
AREA PLAN COI ON OF
ST. JOSEPH J!IN FT '
By:
Prepared by Richard & Anne Lafree and Jerry & Marguery Macri- Owners
i
STATE OF INDI.ANA )
i SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County- and State. personally appeared John W.
Byomi and Karl King and acknowledged the execution of the foregoing Commitment Regarding Use
and Development of Real Estate owned by Richard Lafree, . Anne Lafree, Jerry Macri and
Nlarguery Macri.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this
I -�J- — day of (" � - � .— 2005.
My Commission expires:
-ter
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C,
- Notary Public
Resident of St. Joseph County, Indiana
0%ce
filed In
APPROVED
AREA PLAN COMMISSIOti OF
ST
ATTEST:
W. Byomi — Assigqnt Secretary
Filed in Cterk'§ ®tfice
IN.
MAP 1
Development Area Boundary Map
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MAP 2
Development Area Zoning Map
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MAP 3
Development Area Expansion Area Map
1400 CouNn -Qr BurcrnNG
227W.JEFFERSON BOULEVARD
SOUTH BEND, INDMNA 46601 -1830
CITY OF Soum BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF LAW
PHONE 574 /235 -9241
FAR 574/235 -9892
TDD 574/ 235 -5567
CHARLES S. LEONE ALADEAN M. DEROSE
CITYATTORNEY January 18, 2006 CHIEF AssISIANr CITYATroRNEY
Mr. Timothy A. Rouse
President, South Bend Common Council
4°i Floor, County -City Building
South Bend, IN 46601
Re: Resolution to Approve Area Plan Commission's Resolution Adopting the Douglas Road
Economic Development Area Plan
Dear Mr. Rouse:
Attached is a Resolution approving the Area Plan Commission's Resolution confirming that
the Douglas Road Economic Development Area Plan conforms to the City Redevelopment
Commission's Plan for that area. We request the Council's favorable review of this Resolution.
Economic Development Planner Bill Schalliol will make the presentation of this Resolution
to the Common Council's Community and Economic Development Committee, and to the full
Common Council at the public hearing on January 23, 2006.
Thank you for your consideration.
Sincerely,
Aladean M. DeRose
Chief Assistant City Attorney
AMD /cw
piled In
SrVS 0"'Ce
40 1 8 V6
cm
THOMAS L. BODNAR CHERYL A. GREENE ANN -CAROL NASH
JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN