HomeMy WebLinkAboutAmendment to the Airport Economic Development AreaRESOLUTION
3985-09
Passed by the Common Council of the City of South Bend, Indiana
July 27, 2 09
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
July 28, 2009
Approved and signed by me
July 29
y~'~.'
09
20
City Clerk
RESOLUTION NO. ~~ gS-~
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 AIRPORT ECONOMIC 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
July 14, 2009, approved and adopted its Resolution No. 2552 (the "Declaratory Resolution"),
Exhibit A, amending the acquisition list in the Airport Economic Development Area
Development Plan (the "Plan") for the Airport Economic Development Area (the "Area") and
amending the Airport Economic 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 "PIan
Commission"), which is the duly designated and acting official planning body for the City of
South Bend, Indiana (the "City"), on July 21, 2009, 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
confrming the Declaratory Resolution and the Plan Amendment, and designating such resolution
as the written order of the 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 Bend, 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.
PASSED AND ADOPTED by the Common Council of the City of South Bend,
Indiana, this 27th day of July, 2009.
COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA
By:
Member of the Common Council
Attest:
1
Ci Cler
~~ES€~Tr~ ,~~ -Z2_~g
h~T APPitOVED
Filed In Clerk's Office
J U L 2 2 2009
JON°J VOO~DE
CITY CLEnK, S0. F,END, tN.
ADAPTED ~ "L~"~~
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
B1LL NO.
09-55 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 AIRPORT
ECONOMIC 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
1400 COUNTY-CITY BUILDING
227 ~ JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LLJECKE, MAYOR
DEPARTMENT OF l.AW
PHONE 574/ 235-9241
Fnx 574/235-9892
TDD 574/ 235-5567
CHARLES S. LEONE A,LADEAN M. DEROSE
CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY
July 20, 2009
Mr. Derek Dieter, President
South Bend Common Council
4`'' Floor County-City Building
South Bend, IN 46601
RE: Proposed Addition of various parcels to the Airport Economic
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 (RDC)
conducted a study and determined that it is necessary and beneficial to the orderly
redevelopment of the Airport Economic Development Area (AEDA) to add various
parcels to the AEDA 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 three specific target areas within the AEDA. The areas are
targeted to enhance the surrounding businesses and neighborhoods, and in one instance,
to partner with an educational facility to further their expansion needs in light of large
increases in enrollment.
Area 1 adds four properties to the acquisition list which have been identified by
Ivy Tech as properties needed to relieve the current overcrowding in their main building.
This would be a joint effort between the RDC and Ivy Tech, with the RDC purchasing
and completing certain facade and demolition work, and Ivy Tech making the necessary
interior changes to make them classroom ready. These acquisitions would also relieve
the current lack of parking for students enrolled at Ivy Tech.
THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL HASH QI"
JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD ,JOHN E. BRODEN
Mr. Derek Dieter
July 20, 2009
Page 2
Area 2 is the Airgas facility, which is scheduled to close the end of August. This
property adjoins Hamilton Towing on the east side of Lafayette, who is currently on the
acquisition list. The acquisition of this property would make this site, on the fringe of
Ignition Park, large enough for a developable site.
Area 3 is bounded by Indiana Ave on the south, Franklin St to the east, Taylor St
on the west, and the Norfolk Southern Rail Road tracks to the north. The RDC currently
owns about half the land mass in this area, and the next largest land owner in this area has
expressed an interested in selling to the RDC when amending the Development Plan for
this area is completed. In addition, the Rum Village Neighborhood Association strongly
supports the redevelopment of this area.
Either David Relos or another staff member from the Division of Economic
Development will present this Resolution to the Common Council.
Thank you for your consideration.
Sinc e y,
.,
G-`" Lawrence J. Meteiver
istant City Attorney
LJM/pp
Fl~~t~ tit ~,~,t::r~.._ `_.--
~~~ 2 ? 2CC9
~clirl vao~~l:
SOUTH 6
• ~ gyp` ~A1~~ii.;~/„``tea,
i
\\ ,~, ~%~i~~
m~ ~'t",„~ ~s
Community & Economic Developmen# ~~~~-a=~'
-_ lass ~,
1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 Phone 574/235-9371 Fax 574/235-9021
To: South Bend Common Council
From: David Relos, Economic Development Planner
Subject: Ivy Tech "The Vision for Our Community College
Date: July 22, 2009
Before the Council at its July 27 meeting will be a Resolution for amending the
Development Plan for the Airport Economic Development Area (AEDA). This
Resolution, in part, is to add property to the acquisition list of the AEDA for the future
benefit of Ivy Tech Community College, which has seen enrollment increases of over
30% in the last year.
The attached brochure is Ivy Tech's "Vision for Our Community College". It lays out
an action plan for Ivy Tech's future growth, and explains ivy Tech's integral place in
our community. Because of the large increases in enrollment Ivy Tech has
experienced, there is an immediate need for the expansion of classrooms and parking.
Included in the brochure are plans for three phases of expansion -Ivy Tech at 10
years, 10 - 15 years, and 15 - 25 years. Following each phase are corresponding
maps indicating where the expansion will occur. What is before the Council on July 27
is a first step in the expansion of the Ivy Tech campus.
With the Council's approval of this Resolution, and by partnering with the
Redevelopment Commission, Ivy Tech can meet their immediate need.
~F"~r". fir. ~"!~ !,,f,~ ~.~,
t xr t /~
J U L 2 2 200
~~L
What We Do Today Makes A Difference!
Exhibit A
(Declaratory Resolution of the Redevelopment Commission)
RESOLUTION N0.2552
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
AMENDING THE DEVELOPMENT PLAN FOR
THE AIRPORT ECONOMIC 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 February 23, 1990,
adopted Resolution No. 919 declaring the Airport Economic Development Area ("Area") in the City
of South Bend, Indiana ("City") to be an economic development area within the meaning of the
Redevelopment of Cities and Towns Act of 1953, as amended, I.C. § 36-7-14 (the "Act"); and
WHEREAS, Resolution No. 919 and the Airport Economic Development Area Economic
Development Plan (the "Development Plan") adopted by Resolution No. 919 on February 23, 1990
were confirmed by Resolution No. 938 adopted on June 27, 1990; and
WHEREAS, Resolution No. 919 was amended by Resolution No. 965, adopted on
November 9, 1990 and confirmed by Resolution No. 971 adopted on January 2, 1991 and said
resolutions expanded the Airport Economic Development Area by adding Expansion AreaNo. 1 and
Expansion Area No. 2; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1058, adopted on
May 22, 1992 and said resolution expanded the Airport Economic Development Area by adding
Expansion Area No. 3; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 123 8, adopted on
April 15, 1994; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1349, adopted on
July, 7, 1995 and said resolution expanded the Airport Economic Development Area by adding
Expansion Area No. 4; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1516 adopted on
July 18, 1997; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1545, adopted on
November 21, 1997 and said resolution expanded the Airport Economic Development Area by
adding Expansion Area No. 5; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1667, adopted on
February 19, 1999 and said resolution expanded the Airport Economic Development Area by adding
Expansion Areas No. 6, 7, and 8; and
WHEREAS, Resolution No. 919 was furtheramended by Resolution No. 1670, adopted on
March 5, 1999; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1796, adopted on
October 20, 2000 and said resolution expanded the Airport Economic Development area by adding
Expansion Areas No. 9 and 10; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1798, adopted on
October 20, 2000; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1827, adopted on
February 16, 2001 and said resolution expanded the Airport Economic Development Area by adding
Expansion Area No. 11; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1916, adopted on
November 1, 2002 and said resolution expanded the Airport Economic Development Area by adding
Expansion Areas No. 12, 13, 14 and 1 S; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1958, adopted on
March 7, 2003; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1977, adopted on
July 18, 2003 and said resolution expanded the Airport Economic Development Area by adding
Expansion Area No. 16; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 2006, adopted on
November 7, 2003 and said resolution expanded the Airport Economic Development area by adding
Expansion Area No. 17; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 2019, adopted on
December 19, 2003 and said resolution expanded the Airport Economic Development area by adding
Expansion Area No. 18;
WHEREAS, Resolution No. 919 was further amended by Resolution No. 2064, adopted on
July 2, 2004; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 2090, adopted on
October 22, 2004 and said resolution expanded the Airport Economic Development Area by adding
Expansion Area No. 19; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 2091, adopted on
October 22, 2004; and
WHEREAS, Resolution No. 919 was further amended by Resolution No.2106, adopted on
November 5, 2004; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 2144, adopted on
March 4, 2005 and said resolution expanded the Airport Economic Development Area by adding
2
Expansion Area No. 20; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 2245, adopted on
July 21, 2006; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 2254, adopted on
August 25, 2006 and said resolution expanded the Airport Economic Development Area by adding
Expansion Area No. 21; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 2279, adopted on
December 15, 2006 and said resolution expanded the Airport Economic Development Area by
adding Expansion Area No. 22; and
WHEREAS, Resolution No. 919 was further amended by the Resolution No. 2348 and
Resolution No. 2351, adopted on June 19, 2007 and July 20, 2007 respectively and said resolution
expanded the Airport Economic Development Area by adding Expansion Area No. 23 and
consolidating the Sample Ewing Development Area (the "Consolidated Area No. 1 ")into the Airport
Economic Development Area; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 2352, adopted on
July 20, 2007; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 2375, adopted on
September 7, 2007; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 2382, adopted on
October I9, 2007; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 2450, adopted on
May 16, 2008; and
WHEREAS, the Development Plan includes a list of parcels of property to 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 June 5, 2009, the Commission authorized the Department to conduct
surveys and investigations and to thoroughly study the Airport Economic Development Area within
the City;
WHEREAS, pursuant to the Act, the Department has conducted surveys and investigations
and has thoroughly studied the Airport Economic 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 by the 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 of the 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 $2,996,000.00.
S. The Commission hereby determines that the Plan Amendment conforms to other
development and redevelopment plans for the City.
6. The maps and plats of the Airport Economic 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.
4
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 17(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.
11. 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.
(Balance of page intentionally left blank)
ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on
July 10, 2009, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN
46601.
ATTEST:
ignature
rinte ame an it e
South Bend Redevelopment Commission
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
ignature
rinle ame an r[ e
South Bend Redevelopment Commission
6
EXHIBIT A
TO
RESOLUTION N0.2552
AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA
DEVELOPMENT PLAN
Address Property Owners Tax Key # Description
412 E Sample Street Habitat for Humanity 18-7008-0300 Business
313 E Ohio Street New Hope Missionary Baptist 15-7008-0301 Church
Church 18-7008-030301
18-7008-0302
18-7008-0303
18-7008-0304
18-7008-0305
18-7008-0306
18-7008-0307
18-7008-0308
18-7008-0309
18-7008-0310
18-7008-0311
222 E Sample Street Philip Magaldi 18-7001-0007 Business
18-7001-0039
230 E Sample Street Rick Singleton 18-7001-000301 Business
18-7008-0279
914 S Lafayette Blvd Air Gas Inc 18-8001-0003 Business
18-8001-0004
18-8001-0005
18-8001-0006
18-8001-0007
18-8001-0008
1500 S Taylor Street Arnold & Sally Dorey 18-8027-1082 Residential
1508 S Taylor Street J & W Properties LLC 18-8027-1083 Residential
1510 S Taylor Street Bill Wooley 18-8027-1084 .Residential
1520 S Taylor Street Calvin Peterson Sr. 18-8027-1090 Residential
531 W Indiana Ave John & Jeanette Lymburner 18-8027-1091 Residential
527-529 W Indiana Ave Robert Williams & Sharon 18-8027-1092 Residential
Pehlin
525 W IndianaAve Jean Winterrowd 18-8027-1093 Residential
18-8027-109301
521 W Indiana Ave Willard & Geneva Parchman 18-8027-1094 Residential
509 W Indiana Ave Geraldine White 18-8027-1096 Residential
505 W Indiana Ave Francis Gay 18-8027-1097 Residential
411 W Indiana Ave Engei Ventures LLC 18-8027-1100 Industrial
18-8027-1101
18-8027-1108
Exhibit B
(Plan Commission Order)
RESOLUTION NO.
RESOLUTION OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION
APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION AMENDING THE DEVELOPMENT PLAN FOR
THE AIRPORT ECONOMIC 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 July 10, 2009, the Commission approved and adopted its
Resolution No. 2552 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT
ECONOMIC 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 Airport Economic Development Area Development Plan (the "Plan") for the Airport
Economic 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. 2552) (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 forthe 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 21S` day of July, 2009.
ST. JOSEPH COUNTY
AREA PLAN COMMISSION
President
ATTEST:
Secretary
-2-