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HomeMy WebLinkAboutAmendment to the South Bend Central Development AreaRESOLUTION 3986-09 Passed by the Common Council of the City of South Bend, Indiana July 27, 09 20 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 20 ~ 9 City Clerk RESOLUTION NO.. _ ~ `~ J ~ 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 SOUTH BEND CENTRAL 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. 2551 (the "Declaratory Resolution"), Exhibit A, amending the acquisition list in the South Bend Central Development Area Development Plan (the "Plan") for the South Bend Central Development Area (the "Area") and amending the South Bend Central 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 "Plan 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 confirming 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: ~~ , Cit Cler F2ESENTE~ ;.~ l~OT APPQOVf[~ Fi~~d frt Ci~~~'e' C~€~~~~ JUL 2 2 2009 JQ~'N VOORDE CITY GL~RK, S0. EEND, IN. ADOPTEb TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 09-56 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 SOUTH BEND CENTRAL 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 Exhibit A (Declaratory Resolution of the Redevelopment Commission) RESOLUTION N0.2551 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL 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 May 10, 1985, adopted Resolution No. 737 declaring the South Bend Central Development Area ("Area") in the City of South Bend, Indiana ("City") to be a blighted area within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, I.C. 36-7-14 ("Act"); and WHEREAS, Resolution No. 737 and the South Bend Central Development Area Development Plan ("Development Plan") adopted by Resolution No. 737 on May 10, 1985, were confirmed by Resolution No. 739 adopted on June 14, 1985; and WHEREAS, Resolution No. 737 was amended by Resolution No. 745, adopted on August 9, 1985 and confirmed by Resolution No. 750, adopted on September 30, 1985; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 751, adopted on November 8, 1985 and confirmed by Resolution No. 757, adopted December 20, 1985; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 795, adopted on February 27, 1987, and confirmed by Resolution No. 798, adopted on April 10, 1987; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 800, adopted on April 24, 1987, and confirmed by Resolution No. 803, adopted on June 26, 1987; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 834, adopted on March 11, 1988 and confirmed by Resolution No. 836, adopted on April 15, 1988, and said resolutions expanded the South Bend Central Development Area by adding Expansion Area No. 1; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 867, adopted on February 10, 1989, and confirmed by Resolution No. 874, adopted on March 24, 1989; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 881, adopted on July 28, 1989; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 893, adopted on October 27, 1989 and said Resolution No. 893 expanded the South Bend Central Development Area by adding Expansion Area No. 2 and Expansion Area No. 3; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 921 adopted on March 23, 1990; and WHEREAS, Resolution No. 737 was further amended by Substitute Resolution No. 944 adopted on July 27, 1990; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 974 adopted on January 25, 1991; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1019 adopted on October 11, 1991; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1077 adopted on July 24, 1992; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1205 adopted on January 4, 1994; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1284 adopted on September 2, 1994; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1547 adopted on November 21, 1997; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1559 adopted on December 19, 1997; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1562 adopted on February 24, 1998; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1723 adopted on December 17, 1999; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1737 adopted on February 18, 2000 and said Resolution No. 1737 expanded the South Bend Central Development Area by adding Expansion Area No. 4; WHEREAS, Resolution No. 737 was further amended by Resolution No. 1758 adopted on July 7, 2000: and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1783 adopted on August 4, 2000; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1843 adopted 2 on September 7, 2001; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1901 adopted on September 6, 2002; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1922 adopted on December 6, 2002; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1952 adopted on March 7, 2003; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1973 adopted on June 6, 2003; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2001 adopted on October 3, 2003; and said Resolution No. 2001 expanded the South Bend Central Development Area by adding Expansion Area No. 5; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2014 adopted on November 17, 2003; and said Resolution No. 2014 expanded the South Bend Central Development Area by adding Expansion Area No. 6; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2015 adopted on December 19, 2003; and said Resolution No. 2015 contracted the South Bend Central Development Area by removing Reduction Area No. 1; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2105 adopted on November 5, 2004; and said Resolution No. 2105 expanded the South Bend Central Development Area by adding Expansion Area No. 7; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2145 adopted on March 4, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2185 adopted on October 7, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2192 adopted on December 2, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2328 adopted on May 18, 2007; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2374 adopted on July 7, 2004; and 3 WHEREAS, Resolution No. 737 was further amended by Resolution No. 2385 adopted on November 2, 2007; and said Resolution No. 2385 expanded the South Bend Central Development Area by adding Expansion Area No. 8; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2425 adopted on January 18, 2008; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2441 adopted on March 28, 2008; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2467 adopted on July 18, 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 South Bend Central Development Area within the City; WHEREAS, pursuant to the Act, the Department has conducted surveys and investigations and has thoroughly studied the South Bend Central 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 4 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 $3,000,000.00. 5. 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 South Bend Central 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. 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 of the 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. 5 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) 6 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. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT ignature rinse ame an it e South Bend Redevelopment Commission ATTEST: ignature rinse ame an it e South Bend Redevelopment Commission 7 EXHIBIT A TO RESOLUTION N0.2551 AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN Parcel # Address Common Name Owner 18-3012-044003 400 Blk Western A Gates To ota Lot GMS Real Inc. 18-3012-044002 400 Blk Western (A) Gates To ota Lot GMS Realty Inc. 18-3012-0435 400 Blk Western A) Gates To ota Lot GMS Real Inc. 18-3012-0445 400 Blk Western (A Gates ~o ota Lot GMS Real Inc. 18-3012-0452 300 Blk Western (B) Gates To ota Bld GMS Realty Inc. 18-3012-0447 300 Blk Western B Gates To ota Bld GMS Real Inc. 18-3009-0305 300 Blk Western (C) Gates Parkin Lot GMS Realty Inc. 18-3009-0306 300 Blk Western (C) Gates Parkin Lot GMS Real Inc. 18-3009-0307 300 Blk Western (C Gates Parkin Lot GMS Real Inc. 18-3009-0311 300 Blk Western D Gates Dis la Lot GMS Real Inc. 18-3010-0336 118 S William St The Manor Madison Center Inc. 18-3010-0337 118 S William St The Manor Madison Center Inc. 18-3009-0308 325-329 S Lafa ette Schillin s Camera Store Cari Shein 18-3012-0412 501 Western Fred's Transmission Fred's Shop's LLC 18-3012-0424 501 Western Fred's Transmission Fred's Sho 's LLC 18-3012-0425 501 Western Fred's Transmission Fred's Sho 's LLC 18-3009-0304 301 S Lafa ette Nor S stems Com uters Shu Gong & Sun Wei 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 SOUTH BEND CENTRAL 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. 2551 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL 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 South Bend Central Development Area Development Plan (the "Plan") for the South Bend Central 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. 2551) (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 for the 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 21St day of July, 2009. ST. JOSEPH COUNTY AREA PLAN COMMISSION President ATTEST: Secretary -2- 1400 COUNTY-CI"CY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 574/ 235 )241 Fax 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY CHIEF ASSISTaN't CITY ATTORNEY 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 South Bend Central 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 South Bend Central Development Area (SBCDA) to add various parcels to the SBCDA 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. There are five (5) properties (seventeen tax parcels) proposed to be added to the acquisition list. The properties are all within the Coveleski Park Planning Area. The first property is the Manor Building located at 118 S William St. The Manor was built as a nursing home and most recently owned by the Madison Center which vacated the property in summer 2008. The building is functionally challenged and acquisition of the property would allow for demolition and site control and the ability to remove an inconsistent land use from the William St corridor. The second property, located in the Coveleski Park Housing Block, is Fred's Transmission, located at 501 W Western Ave. It is anticipated that Fred's will close this location, and this acquisition would allow for controlled development of this site. The rest of this block, with two exceptions (a communications building and a single family THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN Mr. Derek Dieter July 20, 2009 Page 2 house), has been cleared and is ready for development. Plans for this block are for housing to the north end of the block and commercial development along Western. The third area is the Coveleski Park North Development Block, and encompasses the remaining three properties. These properties are the remaining Gates parcels, the former Schilling's Camera Store, and Nor Systems Computer Store. The acquisition of the properties in this Development Block, which is 5.8 acres, allows for the controlled development of this block, and the potential for a large format user. Either Bill Schalliol or another staff member from the Division of Economic Development will present this Resolution to the Common Council. Thank you for your consideration. Since •' ~ ~'~ - - ... a nce J. Meteiver Cam' ~ G~~ ~~sistant City Attorney LJM/pp J U L 2 ? ~~,~.g CITY CLEt;?i, ~0. ~i:t~i~, t'd.