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HomeMy WebLinkAboutApproving an order of Area Plan Commission approving a certain declaratory resolution and an Amend Northeast neighborhood development area development plan adopted by Redevelopment CommissionRESOLUTION 3998-09 Passed by the Common Council of the City of South Bend, Indiana October 26, 09 zo Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 27, 20 09 Approved and signed by me October 2R, 2009 ~~ M2Nur' City Clerk RESOLUTION NO. ~ t \ 0 J ~ 1 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 NORTHEAST NEIGHBORHOOD 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 August 21, 2009, approved and adopted its Resolution No. 2598 (the "Declazatory Resolution"), Exhibit A, amending the Northeast Neighborhood Development Area Development Plan (the "Plan") for the Northeast Neighborhood Development Area (the "Area") and adopting the Northeast Neighborhood Design Guidelines as an amendment to the Northeast Neighborhood Development Area Development Plan (the "Plan Amendment"); and WHEREAS, the Plan Amendment calls for the adoption of the Northeast Neighborhood Design Guidelines as an amendment to 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 September 15, 2009, adopted and approved its Resolution No. 203-09, 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 Declazatory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declazatory 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, which determined that the Declaratory Resolution conforms to the plan of development for the City, which Order is 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 26th day of October, 2009. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: C7 _ L to - V ~ 0.S ,~f ~^^-~°~ "` -RCSEPd(rD ~ S`i07 tAPPROVEQ. ~~^ %,DOPTER ~~--Z~1°-~~l as ~~ Member of the Common Council Filed In Clerk's Office O CT 2 7 2009 JGIiN VOORDE CITY CLERK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 09-67 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 NORTHEAST NEIGHBORHOOD 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 as substituted by changing the title to read Northeast instead of Northwest and amending the last paragraph to read October 26 instead of October 12. Ann Puzzello Chairperson, Committee of the Whole Exhibit A (Declaratory Resolution of the Redevelopment Commission) RESOLUTION N0.2S98 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA AND ADOPTING THE NORTHEAST NEIGHBORHOOD DESIGN GUIDELINES WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the City of South Bend Department of Redevelopment (the "Department"), on November 17, 2003, adopted Resolution No. 2016 declaring the Northeast Neighborhood Development Area in the City of South Bend, Indiana (the "City") to be an area needing redevelopment within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, which is codified at, Indiana Code § 36-7-14-1 et seq (the "Act"); and WHEREAS, Resolution No. 2016, and the Northeast Neighborhood Development Area Development Plan (the "Development Plan") adopted by Resolution No. 2016 on November 17, 2003, were confirmed by Resolution No. 2021, adopted on December l9, 2003; and WHEREAS, the Development Plan provides that "[i]n order to achieve high quality design, construction, rehabilitation and site development, a more detailed design/development review process will ultimately be established for the Development Area" and that "Design Review Guidelines for the Northeast Neighborhood, or parts thereof, will be put forward after an early phase of Plan implementation" (Sec. VII); and WHEREAS, pursuant to the Act and the Development Plan, the Department has conducted surveys and investigations and has thoroughly studied the Northeast Neighborhood Development Area; and WHEREAS, it is necessary to amend the Development Plan by adopting the Northeast Neighborhood Design Guidelines set forth in Exhibit A (the "Design Guidelines") and by adding the Design Guidelines to the Development Plan; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan 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 Design Guidelines; and ' WHEREAS, the Commission previously adopted the Development Plan and now desires to amend the Development Plan to provide for the addition of the Design Guidelines; 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 adopt the Northeast Neighborhood Design Guidelines, 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 Plan Amendment conforms to other development and redevelopment plans for the City. 5. 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. 6. The Secretary is hereby directed to file a certified copy of said Development Plan, as amended, with the minutes of this meeting. 7. 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. 8. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist. 9. 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. 10. All other findings, determinations and conclusions in Resolution No. 2016, as amended, shall remain as stated therein. 11. 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. ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on August 21, 2009, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BEI`1D, I?.EPARTMENT OF EVELOPMENT ignature / Marcia I. Jones President Prince ume and Tit e ATTEST: South Bend Redevelopment Commission Sign lure Nancy N. King, Secretary Prince ame an Tit e South Bend Redevelopment Commission EXHIBIT A TO RESOLUTION N0.2598 AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN (Northeast Neighborhood Design Gzridelines) Exhibit B (Plan Commission Order) RESOLUTION N0.203-09 RESOLUTION OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA AND ADOPTING THE NORTHEAST NEIGHBORHOOD DESIGN GUIDELINES 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 August 26, 2009, the Commission approved and adopted its Resolution No. 2598 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA AND ADOPTING THE NORTHEAST NEIGHBORHOOD DESIGN GUIDELINES" (the "Declaratory Resolution"); and WHEREAS, the Declaratory Resolution amends the Northeast Neighborhood Development Area Plan (the "Plan") for the Northeast Neighborhood Development Area (the "Area"), adopts the Northeast Neighborhood Design Guidelines for the implementation of the Plan and adopts an amendment to the Plan (Exhibit A to Commission Resolution No. 2598) (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 the Plan, as amended by the Declaratory Resolution, conform to the plan of development for the City. 2. The Declaratory Resolution and the 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 Comman 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 15th day of September, 2009. ST. JOSEPH COUNTY AREA PLAN COMMISSION ~~' Vice-President ATTEST: etary -2- 1400 C.oLJNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES $. LEONE ALADEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT CITY ATTORNEY October 5, 2009 Mr. Derek Dieter President, South Bend Common Council 4`'' Floor, County-City Building South Bend, IN 46601 Re: Resolution Approving Area Plan Commission Order Adopting Northeast Neighborhood Design Guidelines Dear President Dieter: The Northeast Neighborhood Revitalization Organization (NNRO) has been working in partnership with residents of this area to update Design Guidelines for the Northeast Neighborhood Development Area (NNDA). A Resolution for the Common Council to approve these Guidelines as adopted by the Area Plan Commission is attached along with a more detailed explanatory memo from Jeff Vitton, Community Development Planner. His memo also identifies a website for members of the Council to review the Guidelines in full (www.soutllbendin. g~ov/NEDesi s;n). Mr. Vitton will present this Resolution to the Council at its Committee meeting and at the full council regular meeting. Thank you for your consideration. Sincerely, ~~~ Aladean M. DeRose Chief Assistant City Attorney AMD/cw Y'ilti ~~ ~~ ~d~~tii~~ ~f~3CE: 0 CT - 7 2009 JG~!!I VOG?[lE CITY G4~.ftlC, ~,. EEl~D, M. THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN