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HomeMy WebLinkAboutApproving an Amendment - Airport Economic Development Area Development Plan- Passed 7-26-10RESOLUTION 4040-10 Passed by the Common Council of the City of South Bend, Indiana July 26, 10 20 Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 27, 20 10 Approved and signed by me J u 1 y 2 7, 2010 ~~~ City Clerk ~Y~' ~o~~, ~a RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the "Act"), on May 21, 2010, approved and adopted its Resolution No. 2688 (the "921 N. Bendix Declaratory Resolution"), and on June 4, 2010, approved and adopted its Resolution No. 2692 (the "755 S. Michigan Declaratory Resolution") (collectively referred to as the "Declaratory Resolutions"), copies of which are attached hereto as "Exhibit A", amending the acquisition list in the Airport Economic Development Area Development Plan (the "Plan") for the Airport Economic Development Area (the "Area") and amending the Airport Economic Development Area Development Plan (the "Plan Amendment"); and WHEREAS, the Plan Amendment calls for the addition of one or more 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 3uly 20, 2010, adopted and approved a resolution, a copy of which is attached hereto as "Exhibit B", determining that the Declaratory Resolutions and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolutions and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolutions 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 bylaw. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 26`" day of July, 2010. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA i By: ' Member of the Common Council Attest: VRESCNTEt~ -L -~(a~lb NOT APPE~O!'G~ ~I~P'~ Ali C~£;i°~'~ ®tfB~@ JU L 2 1 2010 JDNPI VOCFDE CITY CLEEK, SD. BEFiD, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 10-38 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Ann Puzzello Chairperson, Committee of the Whole Exhibit A (Declaratory Resolutions (Nos. 2688 and 2692) of the Redevelopment Commission) EXHIBIT A South Bend Redevelopment Commission Resolution No. 2688 Adopted May 21, 2010 921 N. Bendix Declaratory Resolution -3- RESOLUTION N0.268$ A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission ("Commission"), governing body of the City of South Bend Department of Redevelopment {"Department"), on February 23, 1990, adopted Resolution No. 919 declaring the Airport Economic Development Area ("Area") in the City of South Bend, Indiana ("City") to b`e an economic development area within the meaning of the Redevelopment of Cities and Towns Act of l 953, as amended, I.C. § 36-7-14 {the "Act"); and WHEREAS, Resolution No. 9l 9 and the Airport Economic Development Area Economic Development Plan (the "Development Plan") adopted by Resolution No. 919 on February 23,1990 were confirmed by Resolution No. 938 adopted on June 27, 1990; and WHEREAS, Resolution No. 919 was amended by Resolution No. 965, adopted on November 9, 1990 and confirmed by Resolution No. 971 adopted on January 2, 1991 and said resolutions expanded the Airport Economic Development Areaby adding Expansion AreaNo.1 and Expansion Area No. 2; and WHEREAS, Resolution No. 919 was further amended by Resolution No.1058, adopted on May 22, 1992 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 3; and WHEREAS, Resolution No. 919 was further amended by Resolution No.1238, adopted on April 15, 1994; and WHEREAS, Resolution No. 919 was further amended by Resolution No.1349, adopted on July, 7, 1995 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 4; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 15 ] 6 adopted on July 18, 1997; and WHEREAS, Resolution No. 919 was further amended by Resolution No.1545, adopted on November 2l, 1997 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 5; and WHEREAS, Resolution No. 9i 9 was further amended by Resolution No.1667, adopted on February 19,1999 and said resolution expanded the Airport Economic Development Areaby adding Expansion Areas No. 6, 7, and 8; and WHEREAS, Resolution No. 9l 9 was further amended by Resolution No.1670, adopted on March 5, 1999; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 179b, adopted on October 20, 2000 and said resolution expanded the Airport Economic Development area by adding Expansion Areas No. 9 and 10; and WHEREAS, Resolution No. 9l 9 was further amended by Resolution No.1798, adopted on October 20, 2000; and WHERTTAS, Resolution No. 919 was further amended by Resolution No. l 827, adopted on February ] 6, 2001 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. l 1; and WHEREAS, Resolution No. 919 was further amended by Resolution No.1916, adopted on November 1, 2002 and said resolution expanded the Airport Economic Development Area by adding Expansion Areas No. 12, 13, 14 and 15; and WHEREAS, Resolution No. 9] 9 was further amended by Resolution No. 1958, adopted on March 7, 2003; and WHEREAS, Resolution No. 919 was further amended by Resolution No. l 977, adopted on July 18, 2003 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 16; and WHEREAS, Resolution No. 9l 9 was further amended by Resolution No. 2006, adopted on November 7, 2003 and said resolution expanded the Airport Economic Development areaby adding Expansion Area No. 17; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2019, adopted on December 19, 2003 and said resolution expanded the Airport Economic Development area by adding Expansion Area No. 18; WHEREAS, Resolution No. 919 was further amended by Resolution No. 2064, adopted on July 2, 2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No.2090, adopted on October 22, 2004 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 19; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2091, adopted on October 22, 2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2106, adopted on November 5, 2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2144, adopted on March 4, 2005 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 20; and WHEREAS, Resolution No. 9l 9 was further amended by Resolution No. 2245, adopted on July 2l , 2006; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2254, adopted on August 25, 2006 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 21; and WHEREAS, Resolution No. 9I9 was further amended by Resolution No. 2279, adopted on December 15, 200b and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 22; and WHEREAS, Resolution No. 919 was further amended by the Resolution No. 234$ and Resolution No. 2351, adopted on 3une 19, 2007 and July 20, 2007 respectively and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 23 and consolidating the Sample Ewing Development Area (the "Consolidated Area No. l ") into the Airport Economic Development Area; and WHEREAS, Resolution No. 919 was further arxrended by Resolution No. 2352, adopted on July 20, 2007; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2375, adopted on September 7, 2007; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2382, adopted on October 19, 2007; and WHEREAS, Resolution No. 9l 9 was further amended by Resolution No. 2450, adopted on May 16, 2008; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2596, adopted on August 26, 2009; and WHEREAS, the Development Plan includes a list of parcels ofpropertytobe 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 January 15, 2010, the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the Airport Economic Development Areawithin the City; WHEREAS, pursuant to the Act, the Department has conducted surveys and investigations and has thoroughly studied the Airport Economic Development Area and the Development Plan; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of the Plan Amendment which shall include the acquisition of the properties identified in Exhibit A; and WHEREAS, the Plan Amendment conforms to other development and redevelopment plans for the City; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission fmds that the legal description defining the Area has become unmanageable and should be restated and confirmed. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS: 1. The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to acquire additional land within the Area, as shown on Exhibit A attached hereto and incorporated herein. 2. The Commission hereby detennines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3. The Commission hereby detennines 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 $275,000.00. S. The Commission hereby determines that the Plan Amendment conforms to other development and redevelopment plans for the City. 6. The maps and plats of the Airport Economic Development Area, showing the boundaries, the location of the various parcels of property, sheets, 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 l 7.5 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. ] 0. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed or {except as otherwise provided herein) proceedings begun before the effective date of this Resolution. 11. All other findings, determinations and conclusions in Resolution No. 737, as amended, shall remain as stated therein. 12. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended. (Balance of page intentionally left blank) ~~ ADOPTED at a regular meeting of the South Bend Redevelopment Commission he]d on March 21, 2010, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 4660]. ATTEST: ~l t ~. l ~ . ~. agnatare Nancy N Kin , Secretary Frmt~e 'Dome awn 'Tir~ South Bend Redevelopment Commission CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT s David A. Varner Vice President; nnre ame an n e South Bend Redevelopment Commission EXHIBIT A TO RESOLUTION NO. AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN A portion of the parcel located at 921 N. $endix (Faith Apostolic Temple), South Bend, Indiana, and more particula~•ly described as follows: LEGAL DESCRIPTION: A PART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 11.80 FEET (RECORD); THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD), A DISTANCE OF 60.00 FEET (RECORD) TO THE NORTHWEST INTERSECTION OF THE RIGHTS-OF-WAY OF BENDIX DRIVE AND PRAST BOULEVARD, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK l3, PAGES 68-69, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD) ALONG SAID RIGHT=OF-WAY, A DISTANCE OF 626.58 FEET (RECORD); THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST {RECORD}, A DISTANCE OF 843.37 (RECORD) FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF ARDMORE TRAIL, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68-69, IN SAID OFFICE OF RECORDER; THENCE NORTH 65 DEGREES 07 MINUTES 27 SECONDS EAST (RECORD) ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 452.46 FEET (RECORD) TO THE NORTHEAST CORNER OF PARCEL DESCRIBED IN INSTRUMENT NUMBER 9866002 AS RECORDED IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE NORTH b4 DEGREES 47 MINUTES 23 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 309.03 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 79] 1283 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 00 DEGREES 15 MINUTES 39 SECONDS EAST, A DISTANCE OF 418.b1 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 0739854 AS RECORDED 1N THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 27 MINUTES 35 SECONDS WEST, A DISTANCE OF 227.78 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 50 SECONDS EAST ALONG THE EAST LINE OF A PARCEL AS DESCRIBED IN SAID INSTRUMENT NUMBER 9866002 TO THE POINT OF CURVATURE OF A TANGENT.CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF $2.88 FEET, A CENTRAL ANGLE OF 33 DEGREES 34 MINUTES 21 SECONDS, AND A CHORD OF 47.87 FEET BEARING NORTH lb DEGREES 20 MINUTES 20 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 48.56 FEET; THENCE NORTH 33 DEGREES 07 MINUTES 31 SECONDS EAST, A DISTANCE OF 7G.24 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING l .974 ACRES, MORE OR LESS. SUBJECT TO RIGHT-OF-WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY AARON W. BLANK, P.L.S., #LS2020020, EMPLOYED WITH ABONMARCHE CONSULTANTS, L.L.C. ALL BEARINGS AND DISTANCES ARE PER MEASURED UNLESS OTHERWISE NOTED. ALL RECORD DATA ARE PER A SPECIAL LIMITED WARRANTY DEED RECORDED .UNDER INSTRUMENT NUMBER 025G257 IN THE OFFICE OF SAID RECORDER. EXHIBIT B South Bend Redevelopment Commission Resolution No. 2692 Adopted June 4, 2010 755 S. Michigan Declaratory Resolution -4- RESOLUTION N0.2692 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR A40RE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission ("Commission"), governing body of the City of South Bend Department of Redevelopment ("Department"), on February 23, 1990, adopted Resolution No. 919 declaring the Airport Economic Development Area ("Area") in the City of Soutli Bend, Indiana ("City"} to be an economic development area within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, I.C. ~ 36-7-14 (the "Act"}; and WHEREAS, Resolutio~i No. 919 and the Airport Economic Development Area Economic Development Plan (the "Development Plan"} adopted by Resolution No. 9l 9 on February 23, 1990 were confirmed by Resolution No. 938 adopted on June 27, 1990; and WHEREAS, Resolution No. 919 was amended by Resolution No. 965, adopted on November 9, 1990 and confirmed by Resolution No. 971 adopted on January 2, 1991 and said resolutions expanded the Airport Economic Development Area by adding Expansion Area No. ]and Expansion Area No. 2; and WHEREAS, Resolution No. 919 was further amended by Resolution No. l 058, adopted on May 22, 1992 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 3; and WHEREAS, Resolution No. 9] 9 was further amended by Resolution No. 1238, adopted on April 15, 1994; and WHEREAS, Resolution No. 9] 9 was further amended by Resolution No. 1349, adopted on July, 7, 1995 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 4; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1516 adopted on July 18, 1997; and WHEREAS, Resolution No. 919 was further- amended by Resolution No. 1545, adopted on November 21, 1997 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 5; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1667, adopted on February l 9, 1999 and said resolution expanded the Airport Economic Development Area by adding Expansion Areas No. 6, 7, and 8; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1670, adopted on March S, 1999; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1796, adopted on October 20, 2000 and said resolution expanded the Airport Economic Development area by adding Expansion Areas No. 9 and l 0; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1798, adopted on October 20, 2000; and WHEREAS, Resolution No. 919 was further amended by Resolution No. l 827, adopted on February 16, 2001 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. l 1; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1916, adopted on November 1, 2002 and said resolution expanded the Airport Economic Development Area by adding Expansion Areas No. l2, l3, 14 and 15; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1958, adopted on March 7, 2003; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1977, adopted on July 18, 2003 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. l b; and WHEREAS, Resolution No. 9l 9 was further amended by Resolution No. 2006, adopted on November 7, 2003 and said resolution expanded the Airport Economic Development area by adding Expansion Area No. l7; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2019, adopted on December 19, 2003 and said resolution expanded the Airport Economic Development area by adding Expansion Area No. l 8; WHEREAS, Resolution No. 9l 9 was further amended by Resolution No. 20b4, adopted on July 2, 2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2090, adopted on October 22, 2004 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. l 9; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2091, adopted on October 22, 2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2106, adopted on November 5, 2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2144, adopted on March 4, 2005 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 20; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2245, adopted on July 2l , 2006; and WHEREAS, Resolution No. 9l 9 was furt}~er amended by Resolution No. 2254, adopted on August 25, 2006 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 21; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2279, adopted on December 15, 2006 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 22; and WHEREAS, Resolution No. 9l9 was further amended by the Resolution No. 2348 and Resolution No. 2351, adopted on June l 9, 2007 and July 20, 2007 respectively and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 23 and consolidating the Sample Ewing Development Area (the "Consolidated Area No. l")into the Airport Economic Development Area; and WHEREAS, Resolution No. 9] 9 was further amended by Resolution No. 2352, adopted on July 20, 2007; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2375, adopted oti September 7, 2007; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2382, adopted on October 19, 2007; and WHEREAS, Resolution Na. 9l 9 was further amended by Resolution No. 2450, adopted on May 16, 2008; and WHEREAS, Resolution No. 9l 9 was further amended by Resolution No. 2596, adopted on August 26, 2009; and WHEREAS, Resolution No. 9l 9 was further amended by Resolution No. 2668, adopted on May 21, 2010; and WHEREAS, the Development Plan includes a list of pa~•cels of property to be acquired; and WHEREAS, it is necessary to modify the list of parcels ofproperty 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 ofproperty set forth in Exhibit A; and WHEREAS, on January 15, 2010, the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the Airj~art Economic Development Area within the City; V1'HEREAS, pursuant to the Act, the Department has conducted surveys and investigations and has thoroughly studied the Airport Economic Development Area and the Development Plan; and WHEREAS, upon such surveys, investigations and studies leaving been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private entezprise 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 develapment and redevelopment plans for the City; and NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS: l . The Commission hereby detern~ines that to accomplish the redevelopment of the Area, it is necessary to acquire additional land within the Area, as shown on Exhibit A attached hereto and incorporated herein. 2. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3. The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of pern~anent 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 $100,000.00. 5. The Commission hereby detern~ines that the Plan Amendment conforn~s to other development and redevelopment plans for the City. 6. .The maps and plats of the Airport Economic Development Area, showing the boundaries, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the Area, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the Plan, which maps and plats were previously adopted by the Commission, are hereby confirmed by the Commission. 7. Tlie 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. 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. l 2. Tl~e 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. (Buluncc~ ~~f pu~Te inte»tio»ully left hlu~tk) kD NJ ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on June 4, 2010, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT ~~- . } nnlurr r~,a I Jones, President rlruc'[ ~ unrr rut n~ South Bend Redevelopment Commission ATTEST: 2.e ~~c . •1g,r[rflriz~ Nancy N. King, Secretary ~fllrlC [1!R(' [[I![ 1f (' South Bend Redevelopment Commission !<~ EXHIBIT A AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN Parcel # Address Common Name Owner ] 3-304] -] 53S 755 S. Michigan Street None Arthur R Leinen Jr ~: Brenda Sue Leinen Exhibit B (Plan Commission Order) RESOLUTION N0.210-10 RESOLUTION OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana (the "City"); and WHEREAS, the South Bend Redevelopment Commission (the "Commission"), is the governing body of the South Bend Department of Redevelopment (the "Department"): and WHEREAS, on May 21, 2010, the Commission approved and adopted its Resolution No. 2688 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the "921 N. Bendix Declaratory Resolution"), attached hereto as EXHIBIT A; and WHEREAS, on June 4, 2010, the Commission approved and adopted its Resolution No. 2692 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the "755 S. Michigan Declaratory Resolution"), attached hereto as EXHIBIT B, (the 921 N. Bendix Declaratory Resolution and the 755 S. Michigan Declaratory Resolution collectively referred to as the "Declaratory Resolutions"); and WHEREAS, the Declaratory Resolutions each amend the acquisition list contained in the Airport Economic Development Area Development Plan (the "Plan") for the Airport Economic Development Area (the "Area"), identify a parcel or parcels located within the Area as a parcel or parcels necessary for the implementation of the Plan and adopt an amendment to the Plan (Exhibit A to each of the Declaratory Resolutions) (the "Plan Amendment"); and WHEREAS, the Commission has submitted the Declaratory Resolutions 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 Resolutions and the Plan, as amended by the Declaratory Resolutions; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan Commission, as follows: 1. The Declaratory Resolutions and the Plan, as amended by the Declaratory Resolutions, each conform to the plan of development for the City. 2. The Declaratory Resolutions 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 Resolutions and the Plan, as amended by the Declaratory Resolutions, pursuant to the requirements of Section 16 of the Act. 4. The Secretary of the St. Joseph County Area Plan Commission is hereby directed to forward a copy of this Resolution together with the Declaratory Resolutions to the South Bend City Common Council for its consideration. 5. The Secretary is hereby further directed to file copies of said Declaratory Resolutions with the minutes of this meeting. ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan Commission this 20`" day of July, 2010. ST. JOSEPH COUNTY AREA PLAN COMMISSION President ATTEST: Secretary -2- 1400 C,OUN'1"Y-CITY I~UILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 574/ 235-9241 Fnx 574/235-7670 CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY Mr. Derek Dieter, President South Bend Common Council 4`h Floor County-City Building South Bend, IN 46601 RE: Proposed Addition of various parcels to the Airport Economic Development Area Acquisition List Dear President Dieter: Attached for the Common Council's consideration is a proposed resolution which approves an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. This process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the Airport Economic Development Area (AEDA) to add two parcels to the AEDA Acquisition List. The declaratory resolution of the RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order approving the RDC's action. The APC's resolution is now submitted to the South Bend City Common Council for its approval. These two parcels are targeted to enhance the surrounding businesses and neighborhoods. Area 1: La Salle Square This is a portion of 921 N. Bendix, which is currently owned by Faith Apostolic Temple. The addition of this parcel would -help support the development of senior housing at LaSalle Square, which the LaSalle Square Redevelopment Plan specifically calls for. This site is a vacant field between the LaSalle Square Library Branch and commercial properties along Bendix. In the fall of 2008, the APC gave a favorable recommendation to the Common Council regarding the rezoning of the site from Commercial to Multi- Family to facilitate this development. The Sterling Group of Mishawaka, in partnership with Memorial Hospital, is seeking funds through the Indiana Housing and Community Development Authority (IHCDA) to develop 72 units of rental housing for low and moderate income seniors. The Sterling Group applied for funding last year, but due to a very competitive funding cycle, did not receive an award. THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN The IHCDA ranks potential projects on an objective point system, and distributes the funds to the highest scoring applicants. ICHDA gives additional points to projects that are on land owned by a governmental unit. Therefore, the Redevelopment Commission's acquisition and disposition of the site to Memorial Hospital or the Sterling Group, will make the project more competitive for funding in this year's applicant pool. Staff has reviewed the State revised draft application process for this year's funding cycle, and are optimistic about the development's potential to receive funding. Area 2: 755 S. Michigan Street This single parcel of land, with a one story commercial building located on it, is directly north of the Center for Homeless. The acquisition of this property would allow the' Redevelopment Commission to partner with Memorial Hospital and the Center for Homeless, as they have with Ivy Tech along Sample Street, Notre Dame with the Hansel Center, and Indiana University with the Engman Natatorium. The Redevelopment Commission would purchase and clear this property so a new medical clinic could be constructed on it. Currently Memorial has their clinic in the basement of the Center for Homeless, and the construction of a new clinic would make it both more visible and make available more space for programming by the Center. Either David Relos or another staff member from the Division of Economic Development will present this Resolution to the Common Council. Thank you for your consideration. Sincerely, Lawrence J. Meteiver ~~ Assistant City Attorney LJM/pp