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HomeMy WebLinkAboutApproving the consolidated Urban Renewal Plan together with the proposed Amendments thereto and plan changes and the feasibility of relocation for the Central Downtown Urban Renewal ProjectRESOLUTION No. 827 -80 Passed by the Common Council of the City of South Bend, Indiana OCTOBER 13, 19 80 Attest; 4--c' /f City Clerk Attest: of Common Council Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by N OCTOBER 14, �9 80 � City Clerk 1-I;;— 19 RESOLUTION NO. 8Q7 -go RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE CONSOLIDATED URBAN RENEWAL PLAN TOGETHER WITH THE PROPOSED AMENDMENTS THERETO AND PLAN CHANGES AND THE FEASIBILITY OF RELOCATION FOR THE CENTRAL DOWNTOWN URBAN RENEWAL PROJECT, INDIANA R -66. Statement of Purpose and Intent: Under the provisions of Title I of the Housing Act of 1949, as amended, the Department of Housing and Urban Development Admin- istrator is authorized to provide financial assistance to Local Public Agencies for undertaking and carrying out urban renewal projects. It is provided in such Act that contracts for financial aid thereunder require that the Urban Renewal Plan for the project area be approved by the governing body of the locality in which the project is situated and that such approval include findings by the governing body that: (1) the financial aid to be provided in the contract is necessary to enable the project to be undertaken in accordance with the Urban Renewal Plan; (2) the Urban Renewal Plan will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; (3) the Urban Renewal Plan conforms to a general plan for the development of the locality as a whole; and (4) the Urban Renewal Plan gives due consideration to the provision of adequate park and recreational areas and facil- ities, as may be desirable for neighborhood improvement, with spe- cial consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the Plan. The City of South Bend Department of Redevelopment (herein called the "Local Public Agency ") has entered into a planning con- tract for financial assistance under such Act with the United States of America, acting by and through the Secretary of Housing and Urban Development, pursuant to which federal funds were pro- vided for the urban renewal project (herein called the "Project "), identified as "Central Downtown Project, Indiana R -66" and encom- passing the area bounded by a line drawn as follows: Beginning at a point formed by the intersection of the north right -of -way line of LaSalle Avenue and the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the north right -of -way line of Washington Street; thence west along the north right -of -way line of Washington Street to the west right -of -way line of Lafayette Boulevard; thence south along the west right -of -way line of Lafayette Boulevard to the south right -of -way line of Jefferson Boulevard; thence east along the south right - of -way line of Jefferson Boulevard to the west right -of- way line of Main Street; thence south along the west right -of -way line of Main Street to the south right -of- way line of Monroe Street; thence east along the south right -of -way line of Monroe Street to the west right -of- way line of Fellows Street; thence south along the west right -of -way line of Fellows Street to the south right - of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street and proceeding in a northeasterly direction along said right -of -way to the center of the St. Joseph River; thence proceeding in a northwesterly direction along the center of the St. Joseph River to the north right -of -way line of LaSalle Avenue; thence west along the north right -of -way line of LaSalle Avenue to the west right -of -way line of Main Street, which is the point of beginning, all in the City of South Bend, St. Joseph County, State of Indiana, (herein called the- "Project Area ")_. The Local Public Agency has made detailed studies of the location, physical condition of structures, land use, environmental influences, and the social, cultural, and economic conditions of the Project Area and has determined that the area is a blighted area and that it is detrimental and a menace to the safety, health and welfare of the inhabitants and users thereof and of the Project Area, because of the presence of blighted structures and the lack of adequate community improvements and the members of this Govern- ing Body have been fully apprised by the Local Public Agency and are aware of these facts and conditions, due to the changing con- ditions governing land use, certain land use provisions have been changed in order to update the Urban Renewal Plan in accordance with such conditions and update plan studies. There has been prepared and referred to the Common Council of the Project Area (herein called the "Governing Body ") for review and approval certain revised pages to the Urban Renewal Plan for the Project Area, dated November 15, 1967, as subsequently amended. The Urban Renewal Plan, as amended, has been approved by the Local Public Agency, as evidenced by the copy of said Agency's duly certified Resolution No. 621 approving the consolidation of the Urban Renewal Plan as a single consolidated plan, and said revisions and plan changes, which Resolution, and revised pages are attached thereto. A general plan has been prepared and is recognized and used as a guide for the general development of the Project Area as a whole. The Area Plan Commission of St. Joseph County, which is the duly designated and acting official planning body for the Pro- ject Area, has submitted to the Governing Body its report and recommendations respecting said consolidated Urban Renewal Plan, and said revisions and plan changes for the Project Area and has certified that said consolidated Urban Renewal Plan and said revisions and plan changes conform to the said general plan for the Project Area as a whole, and the Governing Body has duly con- sidered said report, recommendation and certification of the planning body. The consolidated Urban Renewal Plan and said revisions and plan changes for the Project Area prescribe certain land uses which the Project Area will require among other things, changes in zoning, the vacating and removal of streets, alleys and other pub- lic ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facili- ties and other public action. The Local Public Agency has prepared and submitted a pro- gram for the relocation of individuals and families that may be displaced as a result of carrying out the Project in accordance with said consolidated Urban Renewal Plan and said revisions and plan changes. There have also been presented to the Governing Body infor- mation and data respecting the relocation program which have been prepared by the Local Public Agency as a result of studies, surveys and inspections in the Project Area and the assembling and analysis of the data and information obtained from such studies, surveys and inspections. The members of this Governing Body have general knowledge of the conditions prevailing in the Project Area and of the avail- ability of proper housing in the City and County for the relocation of individuals and families that may be displaced from the Project Area and, in the light of such knowledge of local housing condi- tions, have carefully considered and reviewed such proposals for relocation. It is necessary that the Governing Body take appropriate official action respecting the relocation program and said consol- idated Urban Renewal Plan and said revisions and plan changes for the Project, in conformity with the contracts for financial assist- ance between the Local Public Agency and the United States of Amer- ica acting by and through the Department of Housing and Urban Development Administrator. The Governing Body is coqnizant of the conditions that are imposed in the undertaking and carrying out of urban renewal pro- jects with federal financial assistance under Title I, including those proscribing discrimination because of race, color, creed, sex or national origin. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: 1. That it is hereby found and determined that the Project Area is a blighted area and qualifies as an eligible Project Area under the Redevelopment of Cities and Towns Act of 1953, as amended. 2. That said consolidated Urban Renewal Plan and said revisions and plan changes thereto proposed, presented at this meeting for the Project aforemen- tioned, having been duly reviewed and considered, are hereby approved, and the City Clerk be and is hereby directed to file copies of said consolidated Urban Renewal Plan and said revisions and plan changes with the minutes of this meeting. 3. That it is hereby found and determined that said consolidated Urban Renewal Plan and said revisions and plan changes for the Project Area conform to the general plan of the City and County. 4. That it is hereby found and determined that the financial aid provided and to be provided pursuant to the contract for federal financial assistance pertaining to the Project is necessary to enable the Project to be undertaken in accordance with the con- solidated Urban Renewal Plan and said revisions and plan changes for the Project Area. 5. That it is hereby found and determined that the consolidated Urban Renewal Plan and said revisions and plan changes for the Project Area will afford maximum opportunity, consistent with the sound needs of the City and County as a whole, for the urban renewal of such areas by private enterprises. 6. That it is hereby found and determined that the consolidated Urban Renewal Plan and said revisions and plan changes for the Project Area give due con- sideration to the provision of adequate park and recreational areas and facilities as may be desir- able for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the Project Area. 7. That it is hereby found and determined that the program for the proper relocation of individuals and families displaced in carrying out the Project in decent, safe and sanitary dwellings in confor- mity with acceptable standards is feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the Project, and such dwellings or dwelling units available or to be made available to such displaced individuals and families are at least equal in number to the individuals and families, are not generally less desirable in regard to public utilities and pub- lic and commercial facilities than the dwellings of the displaced individuals and families in the Project Area, are available at rents or prices within the financial-means of the individuals and families, and are reasonably accessible to their places of employment. 8. That in order to implement and facilitate the effectuation of the consolidated Urban Renewal Plan and said revisions and plan changes hereby approved, it is found and determined that certain official action has been and must be taken by this Governing Body with reference, among other things, to changes in zoning, the vacating and removal of streets, alleys and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facili- ties, and other public action, and accordingly, this Body hereby (a) pledges its cooperation in helping to carry out such consolidated Urban Renewal Plan; (b) requests the various officials, departments, boards, and agencies of the City having administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with said consol- idated Urban Renewal Plan, and by those certain pages presented at this meeting; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effec- tuate said consolidated Urban Renewal Plan and by those certain pages presented at this meet- ing. 9. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the ayor. Member c the Common Council PRESENTED le-13 —6--d NOT APPROVED ADOPTED id _ /g, I signed only to provide an opportunity for public and Council zc.ic:_ on FILED ID CLEF 'S OFFICE OCT 8 1980 Irene Gammon CITY CLERK, SOUTH BEND, IND. DEPT. OF REDEVELOPMENT 1200 County -City Bldg. South Bend, Indiana 46601 (219) 284 -9371 Ann Kolata Director Kevin Horton Assistant Director CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 MEMORANDUM TO : Members of the South Bend Common Council FROM : Ann Kolata A�. j- K. N Deputy Director, Dept. of Redevelopment DATE : October 7, 1980 Redevelopment Commission F. Jay Nlmtz President Lloyd E. Robinson, Sr. Vice President A. Peter Donaldson Secretary Robert J. Cira Assistant Secretary Paula N. Auburn Member Carl Ellison Executive Director Attached to this letter is a certified copy of Resolution #621 adopted by the South Bend Redevelopment Commission on August 8, 1980, amending its Declaratory Resolution for the Central Downtown Project, Indiana R -66, to provide for certain land use changes. Also enclosed is a copy of the Area Plan Resolution No. 53 passed by the Area Plan Commission of St. Joseph County, Indiana on September 16, 1980, which resolution approves, ratifies and confirms the Resolution No. 621 adopted by the Redevelopment Commission of South Bend, and a proposed resolution of the Common Council of the City of South Bend approving the Urban Renewal Plan together with the proposed amendments thereto. Your adoption of the proposed resolution will permit the Redevelopment Commission to proceed with the plan change. We urge your favorable action on this resolution. The above documents are on file in the City Clerk's office and Redevelopment Department. Attachments AK: j az C E R T I F I C A T I O N I, A. Peter Donaldson, do certify that the attached is a true and correct copy of Resolution No. 621 adopted at the South Bend Redevelopment Commission held on August 8, 1980, at 10:00 A.M. in Room 1200 of the County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana. yA. Peter(Donalds6n, Secretary South Bend Redevelopment Commission STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared A. Peter Donaldson, Secretary of the South Bend Redevelopment Commission and acknowledged the execution of the foregoing Certification. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my Official Seal on this day of October, 1980. deffie A. Zimmermqhf, Not'ary Public I am a resident o t. Joseph County My Commission Expires: ..� - March 29, 1982 RESOLUTION NO. 621 RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOP- MENT COMMISSION REDECLARING THE CENTRAL DOWNTOWN RENEWAL AREA TO BE BLIGHTED AND REAPPROVING AN URBAN RENEWAL PLAN AND CONDITIONS UNDER WHICH RELOCATION PAYMENTS WILL BE MADE FOR PROJECT NUMBER IND. R -66 AND FOR THE MAKING OF CERTAIN CHANGES TO THE URBAN RENEWAL PLAN AND CONSOLI- DATING AND REAPPROVING SAID PLAN AND ALL AMEND- MENTS THERETO WHEREAS, the City of South Bend Department of Redevelopment has, pursuant to the Redevelopment of Cities and Towns Act of 1953, as amended, conducted surveys and investigations and has thoroughly studied that area in the City of South Bend, County of St. Joseph, State of Indiana, designated as the Central Downtown Urban Renewal Area which is more particularly described by a line drawn as follows: Beginning at a point formed by the intersection of the north right -of -way line of LaSalle Avenue and the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the north right -of -way line of Washington Street; thence west along the north right -of -way line of Washington Street to the west right -of -way line of Lafayette Boulevard; thence south along the west right - of -way line of Lafayette Boulevard to the south right - of way line of Jefferson Boulevard; thence east along the south right -of -way line of Jefferson Boulevard to the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the south right -of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street to the west right -of -way line of Fellows Street; thence south along the west right -of -way line of Fellows Street to the south right -of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street and proceeding in a northeasterly direction along said right -of -way to the center of the St. Joseph River; thence proceeding in a northwesterly direction along the center of the St. Joseph River to the north right -of -way line of LaSalle Avenue; thence west along the north right -of -way line of LaSalle Avenue to the west right -of -way line of Main Street which is the point of beginning. WHEREAS, upon such surveys, investigations and studies being made, it has been found by the City of South Bend Redevelopment Commission that the above described area has become blighted to an extent that such blighted conditions cannot be corrected by regulatory process, or by the ordinary operations or private enterprise without resort to the provisions of the Redevelopment of Cities and Towns Act of 1953, as amended, and it has been further found that the public health and welfare would be benefitted by the acquisition and redevelopment of such area under the provisions of such Act; and IHEREAS, the Commissioners have caused to be prepared maps and plans showing the boundaries of such blighted area, the location of the various parcels of properties, streets and alleys and other features affecting the acquisition, clearance, replanning and redevelopment of such area, and indicating the parcels of property to be included in the acquisition and portions of the area acquired which are to be devoted to streets, parks, playground, and other public purposes under the redevelopment plan, and it has been found that certain land use provisions should be changed and updated to conform with current market conditions; and WHEREAS, in connection with an application of the City of South Bend Department of Redevelopment to the Secretary of the Department of Housing and Urban Development for financial assistance under Title I of the Housing Act of 1949, as amended, the approval by the Governing Body of the City of South Bend Department of Redevelopment of an Urban Renewal Plan for the project area involved in such application is required by the Federal Government before it will enter into a contract for loan or grant with the City of South Bend Department of Redevelopment under Title I; and WHEREAS, the rules and regulations prescribed by the Federal Government pursuant to Title I require that the conditions under which the City of South Bend Department of Redevelopment will make Relocation Payments in connection with the Urban Renewal Project contemplated by the application be officially approved by the Governing Body of the City of South Bend Department of Redevelopment; and WHEREAS, the Urban Renewal Plan adopted by Declaratory Resolution No. 215, adopted on April 4, 1968, and confirmed by Resolution 233 adopted on October 10, 1969, has been amended by the following: (1) Resolution No. 456 adopted on July 16, 1973, and confirmed by Resolution No. 460 adopted on August 8, 1973; (2) Resolution No. 522 adopted on May 7, 1976, and confirmed by Resolution No. 524 adopted. on June 4, 1976; (3) Resolution No. 540 adopted on August 12, 1977, and confirmed by Resolution No. 542 on October 21, 1977; (4) Resolution No. 550 adopted on April 7, 1978, and confirmed by Resolution No. 553 on June 2, 1978; WHEREAS, there was presented to this meeting of the Governing Body of the City of South Bend Department of Redevelopment for its consideration and approval, a copy of the amended pages of the Urban Renewal Plan for the project area (Attachment "A"), including the changes in the land use provisions, which plan is entitled "URBAN RENEWAL PLAN CENTRAL DOWNTOWN URBAN RENEWAL AREA PROJECT NO. IND. R -66 SOUTH BEND, INDIANA" and consists of a typewritten document and a set of conditions under which the City of South Bend Department of Redevelopment will make Relocation Payments, which set of conditions is set forth in the RelocatioZ Plan marked for the Urban Renewal contemplated by the application; and WHEREAS, the Urban Renewal Plan and the conditions under which the Local Public Agency will make Relocation Payments have been reviewed and considered, and the changes to the Urban Renewal Plan were considered at the meeting; and WHEREAS, 'Title VI of the Civil Rights Act of 1964, and the regulations of the Department of Housing and Urban Development effectuating that title, provide that no person shall, on the ground of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of urban renewal projects assisted under Title I of the Housing Act of 1949, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND REDEVELOP - TIENT COND11ISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOP - MENT: I. That the Central Downtown Urban Renewal Area, which is described in in the first "WHEREAS" clause hereof, is blighted and constitutes a menace to the social and economic interest of the City of South Bend and its inhabitants and that it will be of public utility and benefit to acquire such area and redevelop the same under the provisions of the Redcvclopment of Cities and Towns Act of 1953, as amended. -2- 2. The Department of Redevelopment has acquired land and proposes to acquire land and the interests therein within aforementioned boundaries as designated in the Urban Renewal Plan, as amended, and under the conditions set out therein. 3. That has been estimated that the cost of acquiring the properties in the area will be $15,742,220.00 which amount is based on the average of two independent fee appraisals. 4. That the conditions under which the City of South Bend Department of Redevelopment will make the relocation payments are hereby, in all respects, approved. 5. That it is hereby found and determined that the objectives of the Urban Renewal Plan cannot be achieved through more extensive rehabilitation of the Project Area. 6. That the Urban Renewal Plan, together with the proposed amendments thereto, is hereby in all respects approved and the Secretary is hereby directed to file a certified copy of said Urban Renewal Plan, with proposed amendments, with the minutes of this meeting. 7. That the United States of America and the Secretary of the Department of Housing and Urban Development be, and they hereby are, assured of full compliance by the City of South Bend Department of Redevelopment with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964. 8. That the Urban Renewal Plan as said plan has been heretofore amended and, as amended hereby,shall be consolidated as a single consolidated plan and, after all approvals and confirmations of this Resolution required by law, shall be recorded in the Office of the Recorder of St. Joseph County, Indiana. Adopted at the Regular Meeting of the South Bend Redevelopment Commission held on August 8, 1980, at the Office of the Commission, 1200 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. ATTEST: A. P ter naldson, Secretary CITY OF SOUTH BEND, INDIANA DEPARTMENT OF REDEVELOPMENT -3- a Nimtz, President CENTRAL DOWNTOWN PROJECT, R -66 LAND USE PLANS CONTROLS AND RESTRICTIONS ABRIDGED FROM SECTION 213, R -66 LOAN AND GRANT APPLICATION Development of controls and regulations for the Project Area were designed to achieve two basic objectives. First, to provide for the development as envisioned by the Plan in order to best accomplish the development goals established for the Central area of the City. Second, and most important is to assure a high level of urban design in keeping with the urban design objectives set forth in this report and made apart of the Urban Renewal Plan. It was for this reason that the Urban Renewal Plan, rather than attempting to set forth rigid controls, has instead outlined for each block or area within the project the basic objectives to be achieved, the physical organization, the provision of parking facilities, pedestrian circulation in connection with the development and vehicular access or service to the block or area. Due to the nature of the project area being an important segment of the central core area of South Bend, and the use of urban design and development controls to guide the redevelopment of the project area it is considered im- portant to have a method of reviewing and evaluating redevelopers proposals. To evaluate a prospective redeveloper's proposal a Sign Review Committee and an Urban Design Committee has been established. It will be necessary for the proposals of any prospective developer to be presented and be reviewed by these Committees. All land within the Urban Renewal Area to be sold to a private redeveloper must be sold by public offering with a sealed bid procedure. A prospective developer should submit with his bid to purchase the land: 1. The proposed use for which the land is intended. 2. A proposed Site Plan for the development. 3. An architectural perspective of what the finished development will look like. More complete submissions will be required at a later point in the evaluation. It will be the responsibility of the prospective developer or his contract architect to become familiar with all of the requirements of the development including applicable City codes and those restrictions, objectives and controls of the Urban Renewal Plan. For the convenience of the prospective developer, Vie provision objectives of the Urban Renewal Plan are condensed in the following paragraphs. The full documentation will be available in the Office of the Department of Redevelopment for inspection upon request. The Land Use Plan incorporates the following basic urban design and develop- ment objectives: a. Renewal of the Central Business District of South Bend through clearance, redevelopment and rehabilitation with the resultant elimination of a sub- standard and blighted area and the visible upgrading of the entire project area. b. Land Use - Integration of existing structures to remain with new develop- ment into an attractive and functional public, commercial, and residential area. c. Off Street Parking - The provision of an adequate supply of off street parking facilities in the most inconspicuous and convenient manner possible. Maximum utilization shall be made of parking structures whenever it is economically feasible. Where surface parking is. utilized, there shall be a minimum twenty (20) foot setback from the property lines which setback shall be suitably landscaped to screen the large areas of surface parking. -1- (as of 7- 15 -80) d. Vehicular Circulation - The provision of a vehicular circulation system that will separate internal and regional traffic flows and facilitate the free and safe flow of traffic into, through and around the project area. e. Architectural design, site planning and landscape design of the highest quality in the treatment of open spaces, buildings, use of material, scale appropriateness and functional utility shall be required. This will include: 1) Landscaping - The provision of well designed landscaping of all development, both public and private and the provision of open spaces. 2) Architectural Character - Maintain and enhance those portions of the project which have a distinctive architectural character. Replacement of structurally substandard structures with new buildings that are designed to be compatible with and enhance the structures to remain and the entire project area. Particular emphasis shall be given to the development of adjacent structures within a block to insure that they are architecturally compatible. f. Overhead Wires, Lighting, Paving - Minimize the number of overhead wires. Place all utility lines underground to the fullest extent possible. Ensure that all lighting, paving, planting and landscaping provided in the project area are located and designed to enhance the character and amenities of the project area. g. Signs - Signs, billboards or sign boards shall not be permitted within the project area except such signs relating directly to the business carried on, on the site. All sign proposals shall be reviewed by the Development Review Committee to determine that they will be in keeping with the Urban Renewal Plan objectives. h. Economic Benefits - Improvement of the economic benefits of the project area to the community by establishing the most desirable balance of activities and facilities within the project area. C. LAND USE PLAN 1. Land Use Plan Map (see following page 13) indicates existing and proposed street rights -of -way and all other planned development uses. 2. Land Use Provisions and Building Requirements: The project area shall generally be devoted to the following types of uses: retail commercial, service commercial including theaters and eating and drinking establishments and hotels and motels, office facilities, public and semipublic uses, residential, and off street parking. In addition to these uses, all accessory and auxiliary uses customarily or reasonably incident to these uses would be permitted. Landscaped open space shall be encouraged in connection with the development of all parcels. The land uses for the planned districts in the urban renewal area are as follows: a. Retail Commercial - This category includes commercial outlets devoted to the sale of goods to the general public. Generally speaking, such retail outlets are characterized as comparative in nature and are termed G.A.G., i.e., General Merchandise, Apparel and accessories, and Furniture and home furnishings plus other comparable specialized stores. Comparative - G.A.F. items are goods by which the purchaser compares price, style, and quality in various stores before a decision is made. Normally, comparative goods are major purchases for a household and are intended to be utilized for many years. -2- (as of 7- 15 -80) b. Service Commercial - This category is space for uses which offer a service but do not generally handle goods; i t services intended to serve businesses and certain.auto- oriented commercial Hotel and motor hotels would also be category. intended to provide for a fee or charge includes business as well as individuals, uses and activities. permitted under this Such uses would fall into several general types: Intangibles - these establishments are devoted primarily to the purchase of items which represent other tangible but immovable objects of wealth. Such firms would include finance and insurance agencies, loan companies, banks, real estate offices, brokers and land title companies, and so forth. Many of these establishments have the appearance of offices but their major function is selling. Wholesaling without stock - typically, this group functions in effect to bypass merchant wholesalers. They include manufacturer's own outlets or wholesale agents and brokers who act as middlemen. Such establishments require only display and office space. They do not handle or acquire title to goods but only arrange sales between producers and retailers or wholesale merchants. Private services - these establishments are oriented to individuals and to specific firms and agencies. Among such services are those oriented to business firms (machines, blueprinting, advertising, etc.); repair of goods; personal and professional services; and commercial- recreational establishments. c. Public and Semipublic - This category is intended for Federal, State County and City office buildings and facilities, and semipublic facilities and utilities which are relatively open to the public although such uses may be either privately or publicly owned. These latter public uses can be termed public services and are primarily oriented to groups of people or to places where people assemble into groups. Among such services are: (1) education (public, private and commercial schools, libraries, art centers and museums), (2) health and welfare (medical and social clinics, hospitals), (3) passive recreational facilities (as opposed to active, individual participation) such as auditoriums, theaters, exhibition halls, (4) religious and social (church, lodge halls, fraternal organization), and (5) protective (fire stations, police stations, courts and so forth). d. Service Commercial /Residential - "This category is identical to "Service Commercial" in C.2.b. above with the following two exceptions: 1. Not permitted are auto - oriented uses and activities; excepting that hotels, motor hotels or other transient housing facili- ties are permitted. 2. Residential use is permitted provided that the total number of dwelling units shall not exceed 350. e. Parking - This category includes parking space within buildings, underneath buildings or areas on the surface of the ground other than a street or other public way, for the parking of automobiles and available to the public whether for a fee or as an accomodation for clients or customers. Surface parking areas, where provided, shall be suitably paved, drained and lighted, and shall be appropriately screened. 3. Additional Controls and Restrictions to be Imposed by the Plan on the Sale, Lease, or Retention of all Real Property Acquired: The Urban Renewal Plan has developed specific decisions for each major area within the Urban Renewal Area. -3- (as or 7- 15 -80) These decisions include the basic objectives to be realized in each area as it relates to the Central Business District, the predominant or-general use to be developed, the physical organi- zation of the area, the location of parking to serve the area, pedestrian circulation and vehicular access and service. The areas are identified and shown on the Land Use Plan Map. AREA A (West Colfax Avenue, North Main Street, West LaSalle Avenue, St. a. Basic Objective The basic objective for this area is its utilization for service commercial and open space and parks. b. Land Use The primary use of this block will be for service commercial uses. The existing hotel located at the southwest corner of LaSalle Avenue and Michigan Street is to be retained and land is to be made available for the development of additional motel -hotel facilities adjacent to the present hotel. The LaSalle West Office building, fronting on LaSalle Avenue is to be retained as are the City utilities office fronting on Main Street and the commercial structures fronting on Colfax Avenue. The Nbrris Civic Auditorium which will front on the pedestrian mall to be developed within the present right -of -way of Michigan Street will also be retained. c. Physical Organization The physical organization of the block will be oriented towards the pedestrian mall area which is to be developed in the center of the area in the area in the right -of -way of Michigan Street. Fronting on or adjacent to this pedestrian mall area is the existing Morris Civic Autorium and the LaSalle Hotel. The right -of -way of St. Joseph Street extended between Colfax and LaSalle Avenues provides a small generally triangular tract of land in the northeast quadrant of the area which is developed as a park. The southeast quadrant of the area will remain open space or be developed as a park. The remainder of the block is to be devoted to existing and new office and service commercial uses. d. Pcdestrian Circulation Pedestrian circulation will be generated principally from the parking facilities to be developed in Area C, by persons with destinations at commercial developments or the bbrris Civic Auditorium within Area A. There will also be substantial pedestrian circulation within the area from the Morris Civic Auditorium to the restaurant facilities in the hotel -motel complex and to the restaurant facilities to be developed in Area C. e. Vehicular Access and Service Vehicular access to and egress from the area will be from Main Street on the west and St. Joseph Street on the east. Main Street will carry one way southbound traffic and St. Joseph Street will carry one -way north bound traffic. LaSalle Avenue, the northern boundary of the area, will carry one -way eastbound traffic and Colfax Avenue, the southern boundary of the area, will carry two -way east and west bound traffic. AREA B OVest Washington Street, West Jefferson Blvd., North Lafayette Blvd. North Main Street a. Basic Objective The basic objective for this area is its enhancement and utilization for public purposes with the exception of the existing commercial developments in the form of a bank and office structure at the southeast corner of the area and the commercial structure in the center of the block on Washington Street in the form of a financial institution and office structure. -4- (as of 8-8-80) b. As indicated the primary use of this block will be for public purposes with the exception of the two financial- office structures which are to remain. The remainder of the block is to be devoted to the existing county court house, the existing Northern Indiana Historical Museum and the new City - County Building. c. Physical Organization They physical organization of this area is now fixed with the develop- ment of the new City - County Building and the retention of the present County Court House, Northern Indiana Historical Museum and the two financial office facilities. The land to be made available at the Northwest corner of the area is to be devoted to public open space to enhance the setting for the public uses. d. Parking A limited amount of private parking to serve the City - County facility will be provided within the structure. The bulk of the remainder of the parking needed to serve the area will be provided in the parking structure to be located in Area C immediately to the east of Area B. e. Pedestrian Circulation Pedestrian circulation to the area, by virtue of its containing the offices of the City and County is anticipated to be from sidewalks bounding the Four sides of the block. This circulation is anticipated to be the heaviest from the parking facility to be located directly east of Area B in Area C. f. Vehicular Access and Service Vehicular access to and egress from the area will be from the West Jefferson Boulevard on the south, West Washington Street on the north, North Main Street on the east and North Lafayette Boulevard on the west. Washington and Jefferson Boulevard will carry two -way east and west bound traffic with Lafayette Boulevard carrying one -way northbound traffic and North Main Street carrying one -way southbound traffic. AREA C (Wayne Street, St. Joseph Street, North Main Street and Colfax Avenue) a. Basic Objective This area forms the principal retail, service commercial, and office core of the Central Business District of the City. The basic objective to be realized in this area is the development of a pedestrian- oriented environ- ment for retail and service commercial uses that will revitalize the central core of the City. b. Land Use As indicated above, this area will be devoted to a broad range of com- patible retail and service commercial uses. Hotel -motel use which is oriented to and supports the city's cultural center development in Area D is also permitted in the block bounded by E. Colfax Avenue, St. Joseph Street, East Washington Street, and Michigan Street. c. Physical Organization The physical organization of this area will be substantially modified by the physical closing of Michigan Street between Wayne Street and Washington Street. This will make possible the reorientation of the commercial develop- ment to a pedestrian mall with all service and vehicular access restricted to service alleys or drives. d. Parking Parking to serve this area will be provided within the area by a series of parking structures located immediately to the rear of the principal retail commercial structures which will be fronting on the pedestrian mall. Parking structures are to serve the needs of developments within Area C as well as providing parking facilities to serve some adjacent areas immediately to the rear of the commercial developments on the east and west sides of the Michigan Street pedestrian mall from Washington Street south to Jefferson Boulevard. -5- (as of 8-3-80) d. Parkin (continued) These public parking structures to be developed will be supported by the existing private parking facility located at the southwest corner of the area. To the fullest extent possible, commercial uses will be developed on the ground floor levels of the parking structures. In all areas where public parking is proposed, the city may elect to sell, or lease, areas for private commercial developments. In all such cases, the city may retain all necessary foundation and air rights to permit con- struction of parking facilities. e. Pedestrian Circulation Pedestrian circulation to Area C will be principally from the parking structures located within the area as well as from the service retail commercial developments in Areas A and G. A substantial amount of pedestrian circulation is also anticipated from adjacent Area D, the community cultural center. Pedestrian circulation within the area will be principally along the Michigan Street right -of -way a portion of which will become a pedestrian mall or open space and provide direct pedestrian access to all the existing and new developments surrounding the mall. Pedestrian access to Area G to the south may be by a pedestrian bridge or walkway to be developed over Wayne Street. Pedestrian circulation from the cultural center to the east of Area C will be prinicipally by an elevated bridge or walkway across St. Joseph Street. f. Vehicular Access and Service Vehicular access and service to and from this area will be available from a number of streets. The north -south streets providing access and service to the area are Main Street, carrying one way southbound traffic and St. Joseph Street, carrying one way northbound traffic. East -west circulation movements will be provided by Wayne Street carrying one way westbound traffic and Colfax Avenue at the north of the area, carrying two way traffic movement both east and west bound. In addition to the normal access and service provided by the boundary streets certain existing north -south alleys within the area will be widened to 40 feet to provide for direct service to the rear of all developments in this area. AREA D (West Colfax Avenue, St. Joseph Street, Jefferson-Wayne Street, and the St. Joseph River) a. Basic Objective - Land Use Area D is to be devoted to the development of a cultural center to serve the community. It is anticipated that the cultural complex will include such developments as an art center, a historic museum, a small theatre outdoor ampitheatre and similar type cultural facilities and supporting services. The land within the area will be suitably landscaped and treated to provide for an attractive setting for the cultural development. b. Physical Organization The physical organization of the area will be such as to take maximum advantage of the island, the dam, the mill race and the unique topography of the site. c. Parking The Parking facilities to serve the needs of the cultural center will be provided to limited degree within the area itself. Such parking will be for the employees of the various developments within the area or to meet the short term parking needs of the public. Longer term parking facilities to serve the area will be provided principally by the parking structures to be located immediately to the west of the cultural center area in Area C. -6- (as of 8-8-80) d. Pedestrian Circulation Pedestrian circulation within the area will be developed in such a manner as to enhance the relationships of the buildings to one another as well as to take maximum advantage of the unique topography, the island area, and the view of the St. Joseph River. Pedestrian flow from outside the area will be principally from the parking structures located immediately to the west in Area C and from the pedestrian bridge to be developed to connect the Washington Street pedestrian mall and Area D. In addition, pedestrian flow into this area will be possible at a number of locations along Wayne Street to the South and at St. Joseph Street south of the Washington Street mall. e. Vehicular Access and Service Vehicular access and service to this area will be principally from St. Joseph Street with limited access from Jefferson -Wayne Street. AREA E (East Jefferson - Western Avenue, Monroe- Lincolnway, New Street a. Basic Objective The basic objective to be achieved in Area E is the development of an office complex for major business service firms, and a motor hotel with ancillary facilities to complement the Century Center. A secondary objective shall be the inclusion of compatible residential facilities not to exceed a total of 350 dwelling units. b. Land Use C. M e. As indicated above, the major use of Area E is intended for an office complex, a motor hotel, with compatible residential facilities and resulting in a total development blending into and complementing the adjacent areas. Physical Organization The physical organization of the area anticipates the Service Commercial development(s) at the northerly portion of the area, oriented in such a way as to take maximum advantage of the river setting as well as to blend harmoniously with the adjacent cultural center complex. Any housing to be developed in the area is preferred to be oriented to the maximum extent possible towards the river. The present railroad bridge that connects Area F with the recreation development on the eastern side of the St. Joseph River will be retained and renovated to serve as a pedestrian walkway, which will tie the recreation area on the east side of the river directly to Area E. Parking Parking for Service Commercial /Residential developments shall be provided on -site by the developer(s). The parking spaces provided shall be effectively screened and suitably landscaped and shall be designed to minimize the size of any one parking area while placing the parking as close as possible to the development it is to serve. Pedestrian Circulation Pedestrian Circulation shall be principally between the parking structures or other parking facilities and the respective developments they serve. Due to the location of this Area in close proximity to the central core of the City and the cultural center, a substantial pedestrian flow is anticipated from the area to the cultural center at the northern end of the project both by the pedestrian underpass under the Jefferson Boulevard Bridge, and along Wayne Street and Western Avenue to the pedestrian mall areas in the right -of -way of Michigan Street. -7- (as of 7- 15 -80) f. Vehicular Access and Service Vehicular access and service to this area will be available from Monroe- Lincolnray, Jefferson - Western Avenue and the New Street 0 connecting Monroe- Lincolnway with Jefferson - Western Avenue. Monroe - Lincolnway provides for two way east and west bound traffic at the southern end of the area, the New Street provides both north and south bound traffic to the west of the area and the Jefferson - Western route provides for north bound and west bound traffic flowing to and from the area. AREA F (East Western Avenue, East Wayne Street, St. Joseph Street) a. Basic Obiective The location of the area and the acquisition and clearance of all property in the area coupled with the street pattern to be developed provides the opportunity for the development of an excellent site for a transient housing or motel development. b. Land Use As indicated above, this area will be devoted to one major new use that of transient housing or motel development with service commercial uses as either an alternate use or a supporting use. c. Physical Organization The physical organization of the area will be substantially modified from its present organization by the re- alignment of St. Joseph and Wayne Streets and the construction and re- alignment of Western Avenue as it passes through the area. These street modifications, in conjunction with the total clearance to be carried out in the area, will dictate the physical organization of the area. This organization will take the shape of a transient housing or motel development. d. Parking Parking to serve developments in this block shall be provided by facilities to be located within the area. The transient housing or motel development will be required to provide parking to serve the needs of the new development on the site. Supplementary parking will be provided immediately west of the area in Area G. e. Pedestrian Circulation Pedestrian circulation to the development in this area will be princi- pally from the parking structure or the parking facilities to be provided on the site in conjunction with the new development in the area or from the parking facilities on adjacent block G. f. Vehicular Access and Service Vehicular access and service to this block will be available from the streets bounding the area. North bound movements will be carried on St. Joseph Street and on the re- aligned Western- Jefferson route. Wayne Street will serve as a one way west bound traffic carrier and Western Avenue as re- aligned will serve as one -way east bound traffic carrier. AREA G (East Wayne Street, Western Avenue, Main Street, St. Joseph Street) a. Basic Objective The basic objective of Area G, will be to retain its present basic function as a secondary commercial area. There are located within Area G some commercial type shopping facilities which are to remain as well as the public library. -8 (as of 7- 15 -80) b. Land Use In addition to the existing commercial uses that are to remain within the project area, the conversion of 1Uchigan Street between Western Avenue and Wayne Street will make feasible the development of a major parking facility in the eastern portion of the area. Service commercial uses will be permitted and encouraged on the ground floor level of this parking facility. Land will also be made available for expansion of the present public library site. c. Physical Organization The vacation and realignment of Michigan Street between Western and Wayne will make it possible to physically unite the total area and enhance it with the provision of a pedestrian mall through the center of the area within the right -of -way of Michigan Street. The existing commercial uses fronting on Michigan Street will be supported with new commercial uses on sites made available through clearance. The area to the east of the pedestrian mall will be devoted to the develop- ment of a parking structure with commercial uses on the ground floor of the structure. d. Parking Parking to serve the uses in this area will be provided by the parking facility to be erected in the area as well as some off- street parking being provided by the secondary commercial use in the area. e. Pedestrian Circulation Pedestrian circulation to developments in this area will be principally from the parking structure located within the block and by way of a pedestrian bridge over Wayne Street connecting Area G with the pedestrian mall in Area C. f. Vehicular Access and Service Vehicular access and service to this area will be available from the streets bounding the area. North and south movements will be carried on Michigan -St. Joseph Street as a one -way south bound carrier. Wayne Street will carry one -way west bound traffic and Western Avenue - Jefferson Boulevard will carry one -way east bound traffic. AREA H (Past Monroe Street, Western Avenue, South Michigan Street and South Main Street a. Basic Objective Area H will retain its present basic function as a secondary or supporting commercial area. There are located within Area H some comparison type shopping facilities as well as some service commercial uses that are to remain. The objective of the Urban Renewal Plan for this area is to secure rehabilitation and conservation of the existing developments to remain in harmony with the new commercial structures to be developed on the land cleared by the renewal program. b. Land Use As indicated above, some existing commercial land uses in the area will be retained. These include comparison and service commercial uses. C. Physical Organization Since the clearance within Area H will be primarily limited to the northeast quadrant, the physical organization will remain basically as it is at present. However, the realignment of South Michigan Street between Monroe and Western Avenue will permit the vacation of some unneeded rights -of -way which will be utilized in the disposition parcels made available in the northeast quadrant of the area. In addition to the physical change brought about by the realignment of Michigan Street, the alley will be widened to 40 feet to provide more adequately for service to the existing and new developments in the block. -9- (as of 7- 15 -80) d. Parking Parking for all existing and new developments within Area H shall be provided on the-site of the development with additional parking to be provided by the parking facilities to be developed in Area G. e. Pedestrian Circulation Pedestrian circulation to developments in this area will be principally from parking areas located within the area. It is anticipated, however, that there will be some pedestrian flow from the parking facilities in Area G to Area H. f. Vehicular Access and Service Vehicular access and service to developments in this area will be available for north and south bound traffic on Michigan -St. Joseph Street which will carry one way north bound movements and Main Street which will carry one- way south bound movements. East bound movements into and through Area H will be carried on Western- Jefferson which will be a one -way traffic carrier and on Monroe- Lincolnway which will carry both east and west traffic flow. AREA I (Western Avenue, Monroe= Michigan Street, St Jospeh and New Street) a. Basic Objective - Land Use Area I is to be devoted in its entirety to the provision of a site for a Federal regional postal facility. As an alternate reuse the area would be devoted to service commercial use. b. Physical Organization - Parkin The Physical organization of the area anticipates the office portion of the postal facility to be located in the western. half of the area with its facades oriented towards Michigan -St. Joseph Streets and Western Avenue. This organization of the site will enhance the postal facility as the anchor of the Central Business District at its southern extremity. The eastern half of the area will be devoted to parking for postal vehicles and for a service facility. This parking and service facility shall be adequately and suitably landscaped to visually screen the area from the surrounding areas, particularly from the residential area to the east. c. Pedestrian Circulation Pedestrian circulation to the area is anticipated to be almost entirely along the Michigan Street pedestrian mall with the bulk of the circulation within the area being from parking areas to be located within the complex of the postal facility itself. d. Vehicular Access and Service Vehicular Access to and egress from the area will be from Western Avenue on the north and Pbnroe- Lincolnway will carry two way east and west -bound traffic. Michigan Street will carry one -way north bound traffic along the western edge of the area and the new street will carry both north and south bound traffic on the eastern boundary of the project. AREA J (Monroe Street, Fellow Street, Lincolnway) Area J is to be devoted in its entirety to the provision of public open space. The land area included within Area J will be suitably landscaped and treated to provide for an attractive buffer between the major housing developments to the north and the existing blighted developments to the South. 4. Initiation and Duration of the Land Use Provisions and Building Requirements: -10- (as of 7- 15 -80) The Land Use Provisions and Building Requirements enumerated above will be in full force and effect when they are first recorded in the office of the Recorder of St. Joseph County. They will continue in such force and effect for a period of thirty (30) years from that date. Applicability of the Urban Renewal Plan Objectives and the Land Use Provisions and Building Requirements to Real Property Not to be Acquired. 5. The Urban Renewal Plan Objectives and the Land Use Provisions and building Requirements enumerated above will be applicable to real property included within the project area. All existing uses which are not to be acquired shall be made to conform to or be in harmony with the Urban Renewal Plan Objectives. SUVARY OF CONTROL AND'RESTRICTIONS J Not appli- Not applicable cable Off Street Loading: Off.street loading shall be provided for every building or part thereof as follows: 1 space for a gross floor area of 5,000 to 20,000 sq. ft. plus one additional loading space for each 20,000 sq. ft. or major fraction thereof in excess of 20,000 sq. ft. A required loading berth will be at least 10 feet in width and at least 25 feet in length, exclusive of aisle and maneuvering space and will have a vertical clearance Of at least 14 feet. Signs: All sign proposals shall be reviewed by the Redevelopment Review Committee to determine that they will be in keeping with the Urban Renewal Plan Objectives. -11- (as of 8 -8 -80) MAXUZ[]tii I AREA F.A.R. (1) OFF STREET PARKING (2) A 5.0 1 space for each 400 sq. ft. of floor area for commercial or office use. 1 space for each hotel or motel room. B Not appli- Not required to be provided in area but cable will be provided by public parking within 300 feet walking distance. C 10.0 Not required to be provided in area but will be provided by public parking within 300 feet walking distance. D Not appli- Not required to be provided in area but cable will be provided by public paving within 300 feet walking distance. E (Residential 1 - 1/2 spaces for each dwelling unit Use) except for elderly housing 1.0 (Service 1 space for each 400 sq. ft. of floor Commercial Use) area - 1 space for each hotel or motel room F 4.0 1 space for each hotel or motel room G 4.0 1 space for each hotel or motel room H 2.0 1 space for each 400 sq. ft. of floor area I 1.0 1 space for each 400 sq. ft. of floor area J Not appli- Not applicable cable Off Street Loading: Off.street loading shall be provided for every building or part thereof as follows: 1 space for a gross floor area of 5,000 to 20,000 sq. ft. plus one additional loading space for each 20,000 sq. ft. or major fraction thereof in excess of 20,000 sq. ft. A required loading berth will be at least 10 feet in width and at least 25 feet in length, exclusive of aisle and maneuvering space and will have a vertical clearance Of at least 14 feet. Signs: All sign proposals shall be reviewed by the Redevelopment Review Committee to determine that they will be in keeping with the Urban Renewal Plan Objectives. -11- (as of 8 -8 -80) (1) F.A.R. - Floor Area Ratio is the total floor area of all stories of the building or buildings on any parcel, divided by the area of such parcel. For the purposes of determining floor area ratio the "floor area" of a building is the sum of the gross horizontal' areas of the several floors of all buildings on the lot measured from the exterior faces of the exterior walls of the building. (2) Each required off street parking space shall be at least 9 feet in width and at least 20 feet in length exclusive of access drive or aisles and will be of usable shape and shall be surfaced with an all weather impervious material. All open automobile parking areas containing more than four (4) parking spaces shall be effec- tively screened. (3) The provision of an adequate supply of public parking within a 300 foot walkway distance will comply with the off street parking requirements. URBAN RENEWAL SIGN CODE AMENDMENTS TO AND ADDITIONS TO THE EXISTING SIGN CODE AS IT APPEARS BELOW ARE PENDING SUBJECT TO ACCEPTANCE BY THE CITY OF SOUTH BEND CoJyMN COUNCIL Flat signs or signs constructed as complete separate entities shall not exceed a total of one and one -half (1 -1/2) square foot for each front foot of the business structure and shall be mounted flat on the face of the building. This type of sign shall not exceed eighteen (18) inches in depth front to back, and the entire area within the perimeter of the sign face shall be counted. A sign or signs composed of separate letters made of wood, metal or plastic, illuminated or not, attached directly to the building shall not exceed a total of one and one -half (1 -1/2) square foot per front foot of the business structure. Projecting signs shall be basically flat with two parallel faces allowing a maximum of eighteen (18) inch thickness to provide interior illumination. This type of sign may have molded plastic three dimensional faces providing that the sign remains basically a flat structure. The maximum area shall not exceed 1/2 square foot per sign face per front foot of the business structure. In no case shall the total face area of such sign or signs exceed one (1) square foot per front foot of the business structure. The maximum total area for all permitted signs for any establishment shall not exceed two hundred (200) square feet. Where frontage is on more than one (1) street, only the signs computed with the frontage of that street shall face that street. SALE, RENT SIGNS Signs advertising that the premises are for lease, rent or sale: 1) Each such sign not to exceed four (4) square feet in area. 2) Each real estate firm shall be limited to one (1) such sign on each lot or parcel of property for which such real estate agency has a bonafide listing. 3) Each such sign shall be removed from the premises upon which the same is placed within five (5) days subsequent to the leasing, rental or sale of such premises. DEVELOPP.,ENT SIGNS 1) Developer's Signs. One (1) temporary sign, not to exceed thirty -two (32) square feet in area, may be affixed to each lot or parcel of property to designate that same is to be occupied at a future date by the business or concern designated thereon. -12- (as of 7- 15 -80) 2) Contractor and Subcontractor Sign. One (1) temporary sign, not to exceed fifty (50) square feet in area. Upon such sign shall be the name of the General Contractor and all sub - contractors. On new construction project signs may be attached to posts set into the ground until the work has been completed. REDEVELOPERS' OBLIGATIONS The land acquired by the City of South Bend Department of Redevelopment will be disposed of subject to an Agreement between the Department and the Redeveloper. The Redeveloper will be required by the contractual agreement to observe the Land Use and Building Requirements and Objectives of this Urban Renewal Plan. They will further be required to submit a redevelopment. The Redeveloper will not be permitted to defer the start of construction for a period longer than that required for the preparation of necessary redevelopment plans, their review, and approval by the City of South Bend Department of Redevelopment. In addition, the following provisions will be included in the Agreement: 1) That the Redeveloper will submit to the Department a plan and schedule for the proposed development. 2) That the purchase of the land is for the purpose of redevelop- ment and not for speculation. 3) That the land will be built upon and improved in conformity with the objectives and provisions of the Urban Renewal Plan. 4) That the building of improvements will be commenced and completed within a reasonable time. 5) That the redevelopers, -their successors or assigns, agree that there will be no discrimination against any person or group of persons on account of race, creed, color, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises therein conveyed, or improvements erected or to be erected thereon, nor will the Redeveloper himself or any person claiming under or through him establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, sublessees, or vendees in the premises therein conveyed, or improve- ments erected or to be erected thereon. The above provision will be perpetual and will run the land disposed of within the urban renewal area by the City of South Bend Department of Redevelopment. -13- (as of 7- 15 -80) RESOLUTION NO. 3 RESOLUTION OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA DETERMINING THAT DECLARATORY RESOLUTION NO. 621 REDECLARING THE CENTRAL DOWNTOWN RENEWAL AREA TO BE BLIGHTED AND REAPPROVING AN URBAN RENEWAL PLAN AND FOR THE MAKING OF CERTAIN CHANGES TO THE URBAN RENEWAL PLAN APPROVED AND ADOPTED BY THE CITY OF SOUTH BEND REDEVELOP- MENT COMMISSION CONFORMS TO THE MASTER PLAN OF THE CITY OF SOUTH BEND AND APPROVING THAT RESOLUTION AND THE URBAN RENEWAL PLAN AS AMENDED. WHEREAS, the City of South Bend Redevelopment Commission has approved and adopted Declaratory Resolution 621 redeclaring the Central Downtown Renewal Area to be blighted and reapproving an Urban Renewal Plan and conditions under which relocation payments will be made for the Project Number Ind. R -66 and making cer- tain changes to the Urban Renewal Plan and consolidating and reapproving said plan and all amendments thereto and has submitted said Resolution and Plan to the Area Plan Commission of St. Joseph County for approval pursuant to Indiana Code 18- 7 -7 -13, both of which are attached hereto and are made a part hereof; and WHEREAS, pursuant to the provisions of the Redevelopment of Cities and Towns Act of 1953, as amended, (Indiana Code 18 -7 -7) ( "Act ") the Department of Redevelop- ment desires to redeclare the Central Downtown Renewal Area to be blighted and to make certain changes to the Urban Renewal Plan and to consolidate and reapprove said plan and all amendments thereto. NOW, THEREFORE, BE IT RESOLVED by the Area Plan Commission of St. Joseph County, Indiana as follows: 1. That the Urban Renewal Plan, as amended, for the Central Downtown Project conforms to the Master Plan of Development for the City of South Bend. 2. That the Urban Renewal Plan, as amended, for the Central Downtown Project is in all respects approved, ratified and confirmed. 3. That Resolution No. 621 of the South Bend Redevelopment Commission redeclaring the Central Downtown Urban Renewal Area blighted and reapproving the Urban Renewal Plan and conditions under which relocation payments will be made for Project No. Ind. R -66 and amending certain parts of the Urban Renewal Plan is in all respects approved, ratified, and confirmed. 4. That the Secretary is hereby directed to file a copy of said Declara- tory Resolution and certain pages amending the Urban Renewal Plan with the minutes of this meeting. Passed by the Area Plan Commission of St. Joseph County, Indiana, this /6 74 day Of 1980. Robert Lehman, President Area Plan Commission of St. Joseph County, Indiana ATTEST: Richard S.,Johnson / Secretary jCh11. � ��'��1 CGU,A