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HomeMy WebLinkAboutApproving an Order to the Development Plan as Amended for South Bend Central Development AreaRESOLUTION NO. 1708 -89 Passed by the Common Council of the City of South Bend, Indiana, Attest:___________ _ Clerk Attest: a t/ President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana .. X Approved and signed by me _ March 2 9 City Clerk Mayor RESOLUTION NO. %708-8/ A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL APPROVING THE ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY WITH REGARD TO THE DEVELOPMENT PLAN AS AMENDED FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA, AND ADOPTING THAT DEVELOPMENT PLAN WHEREAS, the South Bend Redevelopment Commission (Commission), pursuant to Indiana Code 36- 7 -14 -1 et. seq., (Act), has conducted additional surveys and investigations and has thoroughly studied the area in the City of South Bend (City), St. Joseph County, Indiana, previously designated by the Commission as the South Bend Central Development Area; and WHEREAS, the'Commission, on February 10, 1989, adopted Declaratory Resolution No. 867 amending the Development Plan by adding a parcel to the acquisition list and reapproving the Development Plan as amended; and WHEREAS, upon such additional surveys, investigations and studies being made, the Commission found and determined in its Resolution No. 867 that the Area is blighted to an extent that cannot be corrected by regulatory processes or by the ordinary operations of private enterprise without resort to the provisions of the Act and that the public health and welfare would be benefitted by the acquisition and redevelopment of the Area under the provisions of the Act; and WHEREAS, the Commission has previously caused to be prepared maps and plats of the Area which show the boundaries of the Area, the location of the various parcels of property, street, 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, the Commission has amended the South Bend Central Development Plan and has adopted such plan as amended to serve as the plan for redevelopment of the Area and such plan as amended shall hereinafter be referred to as the "Development Plan "; and WHEREAS, the Commission has found and determined in its Resolution No. 867 that there is a substantial presence of factors such as excessive vacant land on which structures were previously located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures, and delinquency in payment of real property taxes in the Area; and WHEREAS, the Commission has submitted its Resolution No. 867, together with supporting data, to the Area plan Commission of St. Joseph County, and the Area Plan Commission of St. Joseph County by its Resolution No. 104, adopted on February 21, 1989, approved, ratified and confirmed the Development Plan and Resolution No. 867 and determined that Resolution No. 867 and the Development Plan conform to the master plan of development for the City of South Bend; and WHEREAS, the South Bend Common Council, as governing body of the City, is required by the Act to approve an order of the Plan Commission and is further required by certain provisions of the Tax Reform Act of 1986 to designate the area as blighted and to adopt the Development Plan; and WHEREAS, the Common Council has received from the Commission certain findings of fact which concern the location, physical condition of structures, land use, environmental influences and other economic conditions of the Area, a copy of which findings of fact are attached hereto and incorporated fully herein as Exhibit A; and WHEREAS, the Common Council is cognizant of the conditions that are imposed under Title VI of the Civil Rights Act of 1964, as amended, providing that no person shall, on the grounds of race, age, sex, color, religion, or national origin be excluded from participation in or be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of any federally- assisted project. NOW, THEREFORE, BE IT RESOLED by the South Bend Common Council, as follows: Section 1. The order of the Area Plan Commission of St. Joseph County, pursuant to its Resolution No. 104, attached hereto as Exhibit B and made a part hereof, is in all respects approved. Section 2. The Common Council hereby finds and determines that there is a substantial presence of factors such as excessive vacant land on which structures were previously located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures and delinquency in payment of real property taxes in the Area. Section 3. The Common Council hereby finds and determines, based upon the aforementioned evidence consisting of the maps and plats of the Area and findings of fact now submitted to it, that the Area is blighted to an extent that cannot be corrected by regulatory processes or by the ordinary operation of private enterprise without resort to the Act and that the public health and welfare will continue to be benefitted by the continued acquisition and redevelopment of the area under the Act. Section 4. The Common Council hereby finds that the Area is a menace to the social and economic interest of the City and its inhabitants, and it is of public utility and benefit to acquire and redevelop the Area under the Act. Section 5. The Common Council hereby finds and determines that the objectives of the Development Plan cannot be achieved through more extensive rehabilitation of the Area. Section 6. The Common Council hereby finds and determines that the Area consists of four hundred forty -nine (449) acres and is contingous and compact. Section 7. To the extent that qualified redevelopment bonds under Section 144(c) of the Internal Revenue Code of 1986 as amended are issued to pay for all or a part of the redevelopment within the area, the use of proceeds of such bond issues shall be limited as required by section 144(c), and no use of the property within the area shall be allowed which use would be prohibited by Section 144(c). Section S. The Common Council hereby finds and determines that the Commission Resolution No. 867 and the Development Plan are in all respects approved and adopted and directs the City Clerk to file certified copies thereof with the minutes of this meeting. Section 9. The Common Council reapproves and reconfirms all other findings, determinations, and conclusions in the Commission's Resolution No. 737, 745, 751, 795, 800, and 834 as approved by previous resolution of the Common Council. Section 10. The Common Council hereby assures the United States of America of full compliance by the city with the provisions of Title VI of the Civil Rights Act of 1964, as amended, and the regulations of the Department of Housing and Urban Development effectuating that title. Section 11. This resolution shall be in full force and effect from and after its adoption by the Common Council an approval by the Mayor. Me—mIS the South Common Council °RESENTED =) -d7 -gg `-)T APPROVED �IDOPTED in Clem S on,, FEB 9 2 1999 IRERE GAMmQR r'ITY "I EPK So, pFmq EXHIBIT A South Bend Common Council Resolution No. South Bend Central Development Area Findings of Fact February 27, 1989 In 1985, the South Bend Redevelopment Commission declared the South Bend Central Development Area to be blighted and on June 14, 1985, conducted a public hearing and adopted its Findings of Fact based on evidence of blight presented at that time. These findings have subsequently been affirmed on five other occasions. The redevelopment staff has re- examined that evidence of blight and presented that evidence to the South Bend Common Council on May 26, 1987. On May 26, 1987, the South Bend Common Council found that the South Bend Central Development Area which has previously been found by the Redevelopment Commission to be blighted, continues to be blighted to an extent that cannot be corrected by regulatory processes or by the ordinary operation of private enterprise without resort to the Indiana Redevelopment Law IC 36- 7 -14 -1, et. seq. On February 27, 1989, that evidence was again presented to the South Bend Common Council and blight is found in the area based on the following facts: A. In the sub -area known as the Central Business District: 1. Twenty -seven percent (27 %) of the land is currently vacant. (This does not include land used for streets and alleys but does include land used for paid surface parking.) 2. An additional six percent (6 %) of the land has buildings on it that are currently vacant. 3. There is currently 809,350 square feet of Class A office space with a vacancy rate of five percent (5 %), 631,800 square feet of Class B office space with a vacancy rate of twenty -one percent (21 %), and 176,000 square feet of Class C office space with a vacancy rate of fifty -nine percent (59 %). This is an overall office vacancy rate of seventeen percent (17 %) . 4. There are 80 retail establishments in the "Goods & Services" category which occupy 366,034 square feet. There are 24 retail establishments in the "Eating /Drinking" category which occupy 80,936 square feet. The total number of retail establishments (all categories) is 104. The total building space occupied by retail establishments (all categories) is 446,970 square feet. Of the total 755,470 square feet of available retail building space, forty -one percent (41 %) is vacant. B. In the sub -area known as the East Bank: 1. Twenty -six percent (26 %) of the land that is not devoted to public right -of -way or to public park is vacant and an additional nine percent (9 %) is underutilized. This means that thirty -five percent (35 %) of the land is vacant or underutilized 2. Of the eighty -four (84) commercial or industrial structures, ten (10) are vacant and twelve (12) are underutilized. This means that twenty -six percent (26 %) of the commercial or industrial structures are vacant or underutilized. 3. Of the eighty -four (84) commercial or industrial structures, approximately sixty -three percent (63 %) require cosmetic and /or structural repairs. 4. While the majority of the East Bank was rezoned to "A -3" Mixed Use Multi- Family Residential and Commercial in 1981, the number of housing units in that zoning area has decreased from twenty -one (21) in 1980 to twelve (12) in 1987. 5. Of the thirty (30) residential structures in the East Bank, (including the part not zoned A -3) sixty -seven percent (67 %) require cosmetic and /or structural repairs. C. In the sub -area known as Monroe Park: 1. Twenty percent (20 %) of the land zoned "B" 'Residential is currently vacant. (This does not include land used for streets and alleys). There are one hundred thirty -five (135) structures in the subarea. Of these, eighteen (18) or thirteen percent (13 %) are substandard. Seven percent (7 %) of all the land in Monroe Park is currently vacant. (This does not include land used for streets and alleys). D. In the entire South Bend Central Development Area as expanded: 1. Twenty -one percent (21 %) of the land is currently .vacant. (This does not include land used for streets and alleys). 2. An additional five percent (5 %) of the land is currently underutilized or has buildings on it that are vacant or underutilized. (This does not include land used for streets and alleys). 3. In addition to the fact that twenty -six percent (26 %) of the land within the entire Area is either vacant or underutilized, the findings within Paragraphs A through C inclusive, above, are all incorporated by reference as to blight within the entire Area, inasmuch as the South Bend Common Council finds that blighting influences from one part of the Area have a substantial negative impact on other parts of the Area and that blight within any part of the Area is interrelated to a substantial degree with the remainder of the Area. The Common Council hereby finds and determines that there is a substantial presence of factors such as excessive vacant land on which structures were previously located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures and delinquency in payment of real property taxes in the Ar zello, Pre nt South Bend Commo Council ATTEST: Y� )Z1 .- Irene Gammon, City Clerk ml:cmncounc