HomeMy WebLinkAboutNo. 2206 ratify/confirmation resolution no. 2199 designating douglas road EDA, approving a develop plan and conditions which relocation pmts will be made and establishing allocation area for tax incremental financing within douglas road EDA-7C 1
RECORDED AS PRESENTED ON
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02/21/2006 0.2:35:59PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: . 00
PAGES: 27
RESOLUTION NO. 2206
A CONFIRMATORY RESOLUTION OF
THE SOUTH BEND REDEVELOPMENT COMMISSION
RATIFYING AND CONFIRMING ITS RESOLUTION NO. 2199,
DESIGNATING THE DOUGLAS ROAD ECONOMIC DEVELOPMENT AREA,
APPROVING A DEVELOPMENT PLAN AND CONDITIONS UNDER WHICH
RELOCATION PAYMENTS WILL BE MADE AND ESTABLISHING AN
ALLOCATION AREA FOR PURPOSES OF TAX INCREMENTAL FINANCING
WITHIN THE DOUGLAS ROAD ECONOMIC DEVELOPMENT AREA
WHEREAS, in accordance with Ind. Code § 36- 7 -14 -17 of the Redevelopment of Blighted
Areas Act of 1981 ( "Act "), as Amended and Supplemented, the City of South Bend, Indiana
Redevelopment Commission ( "Commission ") at its regular meeting of December 2, 2005 approved
and adopted its Resolution No. 2199 ('Declaratory Resolution ") designating the area described below
as the Douglas Road Economic Development Area ( "Area "), approving the Douglas Road Economic
Development Area Development Plan ( "Development Plan "), approving conditions under which
relocation payments will be made and establishing an allocation area for purposes of tax incremental
financing:
That part of the Southeast Quarter of Section 29 and the Northeast Quarter of Section
32, both being in Township 38 North, Range 3 East, Clay Township, City of South
Bend, St. Joseph County, Indiana, which is described as: Beginning at the Southwest
corner of the Plat of "Eclipse Douglas Road Minor Subdivision" as Recorded by
Document No. 0525591 in the Records of the St. Joseph County, Indiana Recorder's
Office; thence along the boundary of said Plat for the next three (3) courses, N. 00 °-
22'-23" E., 386.03 feet and S. 90 °- 00' -00" E., 995.85 feet and S. 00 °- 24' -09" W.,
385.95 feet to the Centerline of Douglas Road and the North line of the Plat of
"LaFree's Douglas Road Minor Subdivision" as Recorded by Document No.
0438848 in the Records of said Recorder's Office; thence S. 90 °- 00' -00" E. along
said Centerline and North line, 131.95 feet to the Northeast corner of said Plat;
thence S. 00 °- 16' -07" W. along the East line of said Plat, 782.00 feet to a point on
the North line of the Plat of "Hartman's Douglas Road Minor Subdivision" as
recorded in the Records of said Recorder's Office; thence along the Boundary of said
Plat for the next twelve (12) courses, N. 89 °- 52' -15" E., 200.51 feet and S. 00 ° -19'-
34" W., 567.55 feet and S. 89 °- 55' -55" W., 454.13 feet and N. 00 °- 18' -07" E.,
300.32 feet and N. 83 °- 31' -41" W., 364.78 feet and N. 00'-08'-39"E., 226.95 feet
and N. 89 °- 57' -12" W., 509.91 feet and N. 00 °- 31' -07" W., 287.09 feet and N. 89 °—
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44' -18" E., 134.10 feet and N. Ol °- 07' -30" E., 243.39 feet and N. 89 °- 52' -54" E.,
187.70 feet and N. 00 °- 14' -52" E., 199.71 feet to the South Right -of -way line of
Douglas Road; thence S. 89 °- 57' -53" W. (Record, West) along said South line,
324.33 feet more or less to a point on the West line of the East half of the Northeast
Quarter of said Section 32; thence N. 00 ° -31 ' -07" E. along said West line, 20.00 feet
more or less to the Point of Beginning.
WHEREAS, the Commission has heretofore submitted its Declaratory Resolution No. 2199
and the Development Plan to the Area Plan Commission of St. Joseph County for approval in
accordance with the provisions of Ind. Code § 36- 7- 14 -16; and
WHEREAS, at regular meeting of December 20, 2005, the Area Plan Commission of St.
Joseph County approved its Resolution No. 164 -05 which Resolution 164 -05 constituted the written
order of the Area Plan Commission of St. Joseph County, Indiana approving Commission
Declaratory Resolution No. 2199 and the Development Plan pursuant to Ind. Code § 36- 7- 14 -16; and
WHEREAS, the Commission submitted to the South Bend Common Council, legislative
body for the City of South Bend, St. Joseph County, Indiana, said Resolution No. 164 -05 constituting
the Area Plan Commission's written order approving the Commission's Declaratory Resolution No.
2199 and the Development Plan and the Area Plan Commission's certification that the Development
Plan conforms to the master plan of development for the City of South Bend; and
WHEREAS, at its regular of January 23, 2006, the South Bend Common Council, adopted
its Resolution No. 3556 -06 approving the order of the Area Plan Commission of St. Joseph County
with regard to the Douglas Road Economic Development Area; and
WHEREAS, after receipt of the written order of approval of the Area Plan Commission and
approval of the South Bend Common Council, pursuant to Ind. Code § 36- 7- 14 -17, the Commission
caused to be published a Notice of Public Hearing in accordance with Ind. Code § 5 -3 -1 in the Soutli
Bend Tribune and Tri- County News with such Notice advising of the adoption and substance of its
Declaratory Resolution No. 2199, stating that maps and plats have been prepared and are available
for inspection at the City of South Bend Department of Redevelopment, and naming Friday,
February 17, 2006, at 10:00 a.m., Eastern Standard Time, in Room 1308 of the County -City
Building, 13`x' Floor, 227 West Jefferson Boulevard, South Bend, Indiana as the date, time and place
of a Public Hearing at which time the Commission would receive and hear written remonstrances
and objections from persons interested in or affected by the proceedings pertaining to the proposed
project and to determine the public utility and benefit of the proposed project for the Douglas Road
Economic Development Area; and
WHEREAS, a copy of the Notice of Public Hearing on the Douglas Road Economic
Development Area was filed in the Office of the Area Plan Commission of St. Joseph County,
Indiana, the Board of Zoning Appeals, the Board of Public Works, the South Bend Board of Park
Commissioners, the South Bend Building Commissioner, as well as any other departments, bodies,
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or officers of the unit having to do with unit planning, variances from zoning ordinances, land use, or
the issuance of building permits; and
WHEREAS, copies of the Notice of Public Hearing and an impact statement were delivered
by first class mail or by hand delivery to the taxing unit wholly or partly located within the
boundaries of said development area and tax allocation area in accordance with Ind. Code § 36-4-14 -
17; and
WHEREAS, at the Public Hearing held by the Commission on Friday, February 17, 2006, at
10:00 a.m., Eastern Standard Time, in Room 1308 of the County -City Building, 13`" Floor, 227 West
Jefferson Boulevard, South Bend, Indiana, the time and place so stated in the notice, the Commission
heard all persons interested in or affected by the proceedings and received a written
remonstrances and objections that had been filed; and
WHEREAS, the Commission has now heard all persons who have expressed views or
voiced any objections to its Declaratory Resolution No. 2199 proposing the establishment of the
Douglas Road Economic Development Area, it has considered their objections so voiced, and
therefore, the Commission is prepared to take final action on said Declaratory Resolution No. 2199
creating the Douglas Road Economic Development Area; and
WHEREAS, the Commission, after careful consideration of the evidence presented, careful
consideration of the comments and objections made at the Public Hearing and upon further review of
the entire proceedings is prepared to find that the redevelopment of property in the area referred to in
its Declaratory Resolution No. 2199 proposing the establishment of the Douglas Road Economic
Development Area, as adopted by the Commission on December 2, 2005, is of public utility and
benefit and that said Declaratory Resolution No. 2199 establishing the Douglas Road Economic
Development Area should be ratified, confirmed and approved without change, and that the real
estate to be included in the Douglas Road Economic Development Area is accurately described in the
first "WHEREAS" clause above.
NOW, THEREFORE, BE IT RESOLVED that the South Bend Redevelopment
Commission, Governing Body of the City of South Bend Department of Redevelopment, now
confirms that the area redevelopment of the area described in the first "WHEREAS" clause above
and as more particularly shown on the described maps and plats under the provisions of the
Redevelopment of Blighted Areas Act of 1981 ("Act"), as Amended and Supplemented (Ind. Code §
36- 7 -14 -1 et seq.), will be of public utility and benefit.
BE IT FURTHER RESOLVED that the proposed project and the plan of redevelopment as
set forth in the Commission's Declaratory Resolution No. 2199, adopted by the South Bend
Redevelopment Commission, Governing Body of the City of South Bend, Department of
Redevelopment, on December 2, 2005, is of public utility and benefit and said Declaratory
Resolution is now hereby ratified, confirmed and approved.
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BE IT FURTHER RESOLVED, after careful consideration of the evidence submitted to
the Commission, the Commission hereby adopts and confirms the following Findings of Fact for the
Douglas Road Economic Development Area:
(1). The Economic Development Plan for the Douglas Road Economic Development
Area attached hereto and incorporated herein as Exhibit "A" ( "Economic Development
Plan ") will promote significant opportunities for the gainful employment of the citizens of
the City of South Bend.
(2). The Economic Development Plan will attract new business enterprise to the City of
South Bend.
(3). The Economic Development Plan cannot be achieved without designating the area
described in the fifth WHEREAS clause above as an economic development area in
accordance with the provisions of the Redevelopment Act as set forth at Ind. Code §36 -7 -14
et seq. because of the lack of local public improvements, including improvements to Douglas
Road, and local water and sewer service and the lack of development of major portions of
said area.
(4). The ordinary operation of private enterprise and regulatory processes in the Douglas
Road Economic Development Area have failed to correct the conditions noted above.
(5). The public health and welfare will be benefited by accomplishment of the Economic
Development Plan for the Douglas Road Economic Development Area.
(6). The accomplishment of the Economic Development Plan for the Douglas Road
Economic Development Area will be of public utility and benefit because its implementation
will result in the attraction of j obs, an increase in the property tax base and the improvement
of the local transportation network.
(7). The Economic Development Plan for the Douglas Road Economic Development
Area conforms to other development and redevelopment plans for the City of South Bend.
(8). The Economic Development Plan for the Douglas Road Economic Development
Area is reasonable and appropriate when considered in relation to the purpose of Chapter 14,
Article 7, Title 39 of the Indiana Code.
(9). The Plan is in all respects ratified, confirmed and approved, and the Secretary is
directed to file a certified copy of the Plan with the minutes of this meeting and to record a
certified copy of the Plan in the Office of the Recorder of St. Joseph County, Indiana.
BE IT FURTHER RESOLVED that, pursuant to Ind. Code § 36- 7 -14 -39 of the Act:
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(A). As used in this Resolution for the purposes of the distribution and allocation of real
property taxes, "Allocation Area" means all of that area described in the first WHEREAS
clause of this Resolution and that such Allocation Area shall be designated as the "Douglas
Road Economic Development Area, Allocation Area No. 1" ( "Allocation Area No. 1).
"Property taxes" and "property tax proceeds" as used in this resolution shall mean taxes
imposed on real property under Ind. Code § 6 -1.1.
(B) Any real property taxes hereinafter levied
(1) Except as otherwise provided in this section, the proceeds of the taxes
attributable to the lesser of:
(a) the assessed value of the property for the assessment date with respect
to which the allocation and distribution is made; or
(b) the base assessed value;
shall be allocated to and, when collected, paid into the funds of the respective taxing
units.
(2) Except as otherwise provided in this section, property tax proceeds in excess
of those described in subdivision (1) shall be allocated to the economic development
district and, when collected, paid into an allocation fund for Allocation Area No. 1
that may be used by the economic development district only to do one (1) or more of
the following:
(a) Pay the principal of and interest on any obligations payable solely
from allocated tax proceeds which are incurred by the economic development
district for the purpose of financing or refinancing the redevelopment of
Allocation Area No. 1.
(b) Establish, augment, or restore the debt service reserve for bonds
payable solely or in part from allocated tax proceeds in Allocation Area No.
1.
(c) Pay the principal of and interest on bonds payable from allocated tax
proceeds in Allocation Area No. 1 and from the special tax levied under I.C.
36- 7- 14 -27.
(d) Pay the principal of and interest on bonds issued by the unit to pay for
local public improvements in or serving Allocation Area No. 1.
(e) Pay premiums on the redemption before maturity of bonds payable
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solely or in part from allocated tax proceeds in Allocation Area No. 1.
(f) Make payments on leases payable from allocated tax proceeds in
Allocation Area No. 1 under I.C. 36 -7 -14 -25.2.
(g) Reimburse the unit for expenditures made by it for local public
improvements (which include buildings, parking facilities, and other items
described in I.C. 36- 7- 14- 25.1(a) in or serving Allocation Area No. 1.
(h) Reimburse the unit for rentals paid by it for a building or parking
facility in or serving Allocation Area No. 1 under any lease entered into
pursuant to IC 36 -1 -10.
(i) Pay all or a part of a property tax replacement credit to taxpayers in
Allocation Area No. 1 as determined by the Commission.
0) Pay expenses incurred by the Commission for local public
improvements that are in Allocation Area No. 1 or serving Allocation Area
No. 1. Public improvements include buildings, parking facilities, and other
items described in I.C. 36 -7 -14- 25.1(a).
(k) Reimburse public and private entities for expenses incurred in training
employees of industrial facilities that are located:
(1) in Allocation Area No. l; and
(ii) on a parcel of real property that has been classified as
industrial property under the rules of the department of local
government finance.
(C). When the monies in the allocation fund are sufficient to pay when due all principal
and interest on bonds described herein, and is not needed for the other purposes stated herein,
monies in Allocation Area No. 1 shall be paid the respective taxing units in the manner
provided in subdivision (1) of this section.
(D). This allocation provision shall expire no later than thirty (30) years after the date of
this Resolution, provided, however that if bonds or other obligations that were scheduled
when issued to mature before the specified expiration date and that are payable only from
allocated tax proceeds with respect to Allocation Area No. 1 remain outstanding as of the
expiration date, the allocation provision does not expire until all of the bonds or other
obligations are no longer outstanding in accordance with I.C. 36- 7- 14- 39(b).
BE IT FURTHER RESOLVED that the Commission's Declaratory Resolution No. 2199,
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adopted by the South Bend Redevelopment Commission, Governing Body of the City of South
Bend, Department of Redevelopment, on December 2, 2005 in accordance with the Act is hereby
ratified, confirmed and approved without change.
BE IT FURTHER RESOLVED that pursuant to Ind. Code § 36- 7- 14- 17(d), this Resolution
constitutes a final action by the Commission deterniining the public utility and benefit of the
proposed project and confinning its Declaratory Resolution No. 2199 pertaining to the Douglas Road
Economic Development Area.
BE IT FURTHER RESOLVED that the Secretary is directed to record this Resolution No.
No. 2199 pursuant to the requirements of Ind. Code § 36- 7- 14 -17(c)
ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on
February 17, 2006, at Room 1308, County -City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
Signature
Marcia I. Jones, president
Printed Nmne and Title
South Bend Redevelopment Commission
ATTEST:
signat
Kat1 . Kin2. Vice Pre 'dent
Printed Name and Title
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
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appeared Marcia I. Jones and Karl G. King known to me to be the
President and Vice President respectively of the South Bend Redevelopment
Commission and acknowledged the execution of the foregoing Resolution No. 2206.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixedi" df Eicl ' seal
on the 17 th day of February , 2006
C.
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Notary
Go�3 � ,, I r S1 �,s�;i Y Public 3
G dl07i20.? Myrlau�l�n Mx
Residing in St. Joseph County, Indiana
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EXHIBIT A
Area Boundary Legal Description
Legal description for the Douglas Road Economic Development Area
That part of the Southeast Quarter of Section 29 and the Northeast Quarter of Section 32,
.both being in Township 38 North, Range 3 East, Clay Township, City of'South Bend, St.
Joseph County, Indiana, which is described as: Beginning of the Southwest corner of the
Plat of "Eclipse Douglas Road Minor Subdivision ":as Recorded by Document No. 0525591
in the Records of the St. Joseph County, Indiana Recorder's Office; thence along the
boundary of said Plat for the next three (3) courses, N. 00 °- 22' -23" E., 386.03 feet and S.
900- 00' -00" E., 995.85 feet and S. 00 °- 24' -09" W., 385.95 feet to the Centerline of
Douglas Road and the North line of the Plat of "LaFree's Douglas Road Minor Subdivision"
as Recorded by Document No. 0438848 it! the Records -of said Recorder's Office; thence
S. 900- 00' -00" E. along said Centerline and North line, 131.95 feet to the Northeast corner.
of said Plat; thence S. 00 °- 16' -07" W. along the East line of said Plat, 782.00 feet to a
point on the North line of the Plat of "Hartman's Douglas Road Minor Subdivision" as
recorded in the Records of said Recorder's Office; thence along the Boundary of said Plat
for the next twelve (12) courses, N. 89°- 52' -15" E., 200.51 feet and S. 000- 19' -34" W.,
567.55 feet and S. 890- 55' -55" W. 454.13 feet and N. 00 °- 18' -07" E., 300.32 feet and N:
830- 31' -41" W., 364.78 feet and N. 00 °- 08' -39" E., 226.95 feet and N. 890- 57' -12" W.,
509.91 feet and N. 000- 31' -07" W., 287.09 feet and N. 89 °- 44' -18" E., 134.10 feet and N.
010-07'-30" E., 243.39 feet and N. 890- 52' -54" E., 187.70 feet and N. 000- 14' -52" E.,
199.71 feet to the South Right -of -way line of Douglas Road; thence S. 890- 57' -53" W.
(Record, West) along said South line, 324.33 feet more or less to a point on the West line
of the East half of the Northeast Quarter of said Section 32; thence N. 00 °- 31' -07" E. along
said West line, 20.00 feet more or less to the Point of Beginning.
Containing 33.99 Acres more or less.
Subject to all legal highways, easements and restrictions of record.
DOUGLAS ROAD ECONOMIC
DEVELOPMENT AREA
DEVELOPMENT PLAN
Declaratory Resolution No. 2199 and Plan presented to the Redevelopment Commission on December 2, 2005
Declaratory Resolution No. 164 -05 and Plan presented to the Area Plan Commission on December 20, 2005
Resolution No. 3556 -06 and Plan presented to the South Bend Common Council on January 23, 2006
Confirming Resolution No. 2206 and Plan presented to the Redevelopment Commission on February 17, 2006
'DOUGLAS ROAD ECONOMIC DEVELOPMENT AREA
DEVELOPMENT PLAN
INTRODUCTION.................................................................... ..............................1
DESCRIPTION OF PROJECT ............................................... ..............................1
Boundaries of the Douglas Road Economic Development Area ..........................1
Goalsand Objectives .............................................................. ..............................2
Obstacles to Achieving the Economic Development Plan ...... ..............................2
Proposed Economic Development Activities ......................... ............................... 3
Expected Public Benefit from the Economic Development of the Area ................ 3
LANDUSE .............................................................................. ..............................3
Development Controls ........................................................... ............................... 3
PublicImprovements .............................................................. ..............................4
PROJECT PROPOSALS ....................................................... ..............................4
PropertyAcquisition ................................................................ ..............................4
Property Rehabilitation ........................................................... ..............................4
Developers Obligations ........................................................... ..............................5
STATUTORY AUTHORITY ................................................... ............................... 7
PROCEDURE FOR AMENDMENT OF THE
APPROVED DEVELOPMENT PLAN .................................... ............................... 7
EXHIBIT A ......................... ............................... Area Boundary Legal Description
EXHIBIT B .................. ............................... .......................Property Acquisition List
EXHIBIT C ............ Commitment Regarding Use and Development of Real Estate
MAP 1 ................................ ............................... Development Area Boundary Map
MAP 2 .................................... ............................... Development Area Zoning Map
MAP 3 ...................... ............................... Development Area Expansion Area Map
ICJ
. INTRODUCTION
The Douglas Road Economic Development Area ( "Area ") provides the City of South
Bend with a unique opportunity to improve its economic position in a Midwestern,
regional and local context. By creating a new area for commercial development, the
city will generate new jobs, increase its tax base, diversify business opportunities and
compete in a larger marketplace, while generating millions of dollars of new investment
for North Central Indiana.
The Area, which is zoned primarily for commercial purposes, is a prime site for new
development due to its ready access to a large, regional, commercial retail corridor in
the Grape Road /Main Street Commercial District in Mishawaka. As available
development area on Grape and Main has been consumed over the last twenty years,
commercial retail and commercial office uses have begun to spread along the east -
west arterials like Edison Road, Day Road and Douglas Road. The proposed Area is
located at the easternmost point of the city limits of the City of South Bend and is a
logical extension of the commercial development that is already developing along
Douglas Road between State Road 23 and Grape Road.
While the above mentioned factors combine to provide a strong impetus for
development of this Area, lack of suitable roadway access and the absence of utility
infrastructure have hindered normal development of an otherwise prime development
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It is the expectation of the Redevelopment Commission that the development of this
Area will produce a significant increase in the city's overall economic vitality. To achieve
this, however, the Redevelopment Commission and the City of South Bend must be
able to provide the necessary public improvements to make the site suitable for new
development. This requires public funds for capital improvements. The best method
for funding these improvements without adding to the tax burden is through tax
incremental financing. This tool is currently available only in redevelopment and
economic development areas and will be of the utmost importance in this project. By
using the tax increment generated by new development, the city will be in a position to
provide the necessary capital improvements to spur future growth and development of
this Area and the South Bend community as a whole.
DESCRIPTION OF PROJECT
Boundaries of the Douglas Road Economic Development Area
The boundaries of the Douglas Road Economic Development Area are attached as
Exhibit "A ".
Goals and Objectives
Goals and objectives for the economic development of the Douglas Road Economic
Development Area are:
To stimulate the development of currently vacant land through the creation of
developable sites.
2. To stimulate new, private development and investment in the Area.
3. To increase and diversify the city's tax base.
4. To create a significant number of new job opportunities for the citizens of South
Bend.
5. To improve the public infrastructure, specifically Douglas Road, to an upgraded
status from SR 23 to the Mishawaka City limits.
6. To provide coordinated planning for a future growth area for the City.
Obstacles to Achieving the Economic Development Plan
Although the Douglas Road Economic Development Area has the potential to be a
prime site for new commercial growth and development, the economic development
plan for the Area cannot be achieved by regulatory processes or by the ordinary
operation of private enterprise because of:
1. Lack of necessary public improvements in the Area, such as the inadequate
condition of Douglas Road for commercial purposes, the lack of public utilities
and other infrastructure related to the orderly growth and development of new
commercial, office and dense residential development concerns.
2. Lack of public utilities and upgraded infrastructure improvements has created a
condition that lowers the value of the land below that of nearby land, specifically
land to the east and to the west that is properly serviced with commercial grade
utilities and infrastructure.
3. Lack of public funding to provide the necessary public utilities and infrastructure to
allow for natural private sector growth to occur.
Proposed Economic Development Activities
Realization of the stated goals and objectives will be accomplished by a combination of
public and private actions. These actions could include, but are not limited to, the
following: property acquisition, relocation, clearance and dedication of public right -of-
way, provisions for public facilities and improvements, and any other activity pertaining
to planning and implementing an economic development plan.
Expected Public Benefit from the Economic Development of the Area
The implementation of the Douglas Road Economic Development Area Development
Plan will result in several public benefits to the citizens of South Bend, including:
1. Significant new job creation resulting from the new development as well as
expansion of retail, commercial and office uses within the Area.
2. Increased and diversification of the city's tax base.
3. New private investment and development, as well as the coordination of
development in future growth areas adjacent to the development area.
4. Improved roadway access in the northeast portion of the city along Douglas
Road.
5. New construction and development opportunities, which will result in additional
jobs and investment, especially in the construction trades as well as
architectural, engineering and other related fields.
6. Coordinated planning for a future growth area for the city.
LAND USE
Development Controls
In an effort to reduce real or perceived development constraints within the Area, the
Redevelopment Commission will use the standards and guidelines contained within the
Zoning Ordinance in Chapter 21 of the Municipal Code of the City of South Bend. In
the event that need arises to develop an overlay or master design zone for the Area, a
set of development guidelines and standards will be presented to the Redevelopment
Commission for its adoption.
Public Improvements
In order to stimulate and facilitate new development and expansion in the Area, the City
of South Bend will construct the following improvements in the Area, depending on the
availability of funds:
1. Widening construction and other improvements to existing roadways like
Douglas Road or to new roadways.
2. Extension or construction of utilities such as water mains, storm and sanitary
sewers and other improvements needed to serve the Area.
3. Other infrastructure improvements such as internal streets, lighting, landscaping,
sidewalks, curbs, etc., as needed to serve the Area.
4. Other public improvements, as necessary for the Area.
These public improvements will be phased as funds become available.
PROJECT PROPOSALS
Property Acquisition
The Land Acquisition Plan Map ( "Map 3 ") and Property Acquisition List ( "Exhibit B ")
indicate no properties to be acquired for economic development purposes at this time.
The initial development and designation requires no property acquisition.
In the event of the acquisition of property, the Redevelopment Commission will sell or
lease the property to a purchaser or lessee at its fair market value, excepting those
cases when the property is sold or leased to another public body pursuant to Indiana
Code 36- 7- 14 -22(a) or 36- 1 -11 -8, for uses in accordance with the Plan.
Property Rehabilitation
All properties in the Douglas Road Economic Development Area shall comply with the
standards set forth in all applicable statutes, codes and ordinances, as amended from
time to time, relating to the use, maintenance, and occupancy of existing property,
including but not limited to, the Building, Plumbing, Heating, and Electrical Codes.
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Developers Obligations
In the event land is acquired by the South Bend Redevelopment Commission, the land
will be disposed of subject to an Agreement between the Commission and any potential
developer. Any potential developer will be required by the Contractual Agreement to
observe the Land Use and building requirements of this Development Plan. They will
further be required to submit a development schedule satisfactory to the South Bend
Redevelopment Commission. No developer will be permitted to defer the start of
construction for a period longer than that required for the preparation of necessary
development plans.
In addition, the following provisions will be included in any agreement:
That any developer will submit to the Commission a plan and schedule for the
proposed development.
2. That the purchase of the land is for the purpose of development and not for
speculation.
3. That the land will be built upon and improved in conformity with the objectives
and provisions of the Development Plan.
4. That the building of improvements will be commenced and completed within a
reasonable period of time.
STATUTORY AUTHORITY
The controls, regulations and land use restrictions contained in this Plan are for the
specific purpose of implementing the Douglas Road Economic Development Area
Development Plan pursuant to Indiana Code 36- 7- 14- 1- et.seq.
PROCEDURE FOR AMENDMENT OF THE APPROVED
DEVELOPMENT PLAN
The Development Plan for the Douglas Road Economic Development Area may be
amended by resolution of the South Bend Redevelopment Commission. Any change
affecting any property or contractual right can be effectuated only in accordance with
applicable state and local law.
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. EXHIBIT A
Area Boundary Legal Description
Legal description for the Douglas Road Economic Development Area
That part of the Southeast Quarter of Section 29 and the Northeast Quarter of Section 32,
both being in Township 38 North, Range 3 East, Clay Township, City of South Bend, St.
Joseph County, Indiana, which is described as: Beginning at the Southwest corner of the
Plat of "Eclipse Douglas Road Minor Subdivision" as Recorded by Document No. 0525591
in the Records of the St. Joseph County, Indiana Recorder's Office; thence along the
boundary of said Plat for the next three (3) courses, N. 000- 22' -23" E., 386.03 feet and S.
900- 00' -00" E., 995.85 feet and S. 00 °- 24' -09" W., 385.95 feet to the Centerline of
Douglas Road and the North line of the Plat of "LaFree's Douglas Road Minor Subdivision"
as Recorded by Document No. 0438848 in the Records of said Recorder's Office; thence
S. 900- 00' -00" E. along said Centerline and North line, 131.95 feet to the Northeast corner
of said Plat; thence S. 00 °- 16' -07" W. along the East line of said Plat, 782.00 feet to a
point on the North line of the Plat of "Hartman's Douglas Road Minor Subdivision" as
recorded in the Records of said Recorder's Office; thence along the Boundary of said Plat
for the next twelve (12) courses, N. 890- 52' -15" E., 200.51 feet and S. 000- 19' -34" W.,
567.55 feet and S. 890- 55-55" W., 454.13 feet and N. 000- 18' -07" E., 300.32 feet and N.
830- 31' -41" W., 364.78 feet and N. 000- 08' -39" E., 226.95 feet and N. 89 °- 57' -12" W.,
509.91 feet and N. 000- 31' -07" W., 287.09 feet and N. 89 °- 44' -18" E., 134.10 feet and N.
01 0- 07' -30" E., 243.39 feet and N. 890- 52' -54" E., 187.70 feet and N. 00 °- 14' -52" E.,
199.71 feet to the South Right -of -way line of Douglas Road; thence S. 890- 57' -53" W.
(Record, West) along said South line, 324.33 feet more or less to a point on the West line
of the East half of the Northeast Quarter of said Section 32; thence N. 000- 31' -07" E. along
said West line, 20.00 feet more or less to the Point of Beginning.
Containing 33.99 Acres more or less.
Subject to all legal highways, easements and restrictions of record.
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EXHIBIT B
Property Acquisition List
Resolution # Date Property Tax ID Owner's
Address Name
• EXHIBIT C
Commitment Regarding Use and Development of Real Estate
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'DER
COM BMffTMENT REGARDNG USE AND DEVELOPMENT
OF REAL ESTATE
Richard & Anne Lafree of 804 Lincolnway East, Mishawaka, Indiana 46544; and Jem & Marguery Macri of 15575
Victorian Court, Granger, Indiana 46530, hereinafter referred to as "Owners ", concerning certain real estate located in
the 3500 Block of the South side of Douglas Road., South Bend, Indiana 46635 with the total being 6.97 acres,
commonly known as the 3500 Block of the South side of Douglas Road, South Bend, Indiana 46635 and the legal
description being as follows:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST,
CLAY TOWN-SHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS:
BEGNNPv "G AT THE NORTHWEST CORNER OF THE PLAT OF "LAFREE'S DOUGLAS ROAD MINOR
SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0438848 IN THE RECORDS OF THE RECORDER'S
OFFICE OF ST. JOSEPH COUTiTY, INDIANA, THENCE S. 000- 00' -00" W. ALONG THE WEST LINE OF SAID
PLAT, 752.75 FEET MORE OR LESS; THENCE S. 900- 00' -00" W., 199.43 FEET MORE OR LESS: THENCE N.
003- 00' -00" E., 318.40 FEET MORE OR LESS: THENCE S. 903- 00' -00" W., 353.87 FEET MORE OR LESS:
THENCE N. 000-00'-00" E., 434.36 FEET MORE OR LESS TO THE CENTERLINE OF DOUGLAS ROAD;
THENCE N. 90 °- 00' -00" E. ALONG SAID CENTERLINE, 553.32 FEET MORE OR LESS TO THE POINT OF
BEGNNING.
CONTAINING 6.97 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
And having filed a petition to Rezone said property on June 8, 2005 with the City of South Bend Common Council and
the Area Plan Commission of St. Joseph County to Rezone said property from '`SF1" Single Family and Two Family
District and "OB" Office Buffer District to "CB" Community Business District. does hereby make, pursuant to I.C. 36-
7 -4 -613, the following commitments concerning the use and development of said real estate as expressed conditions of
the proposed rezoning of said property from "SFI" Single Family and Two Family District and "OB" Office Buffer
District to "CB" Community Business District by the City of South Bend Common Council:
I. The Owners agree not to use the above- described property for any of the following Primary Uses: (a). Gasoline
Service Station with or without repair, (b). Fast FoodiDrive- Through, Bar, Cabaret- Adult, Cabaret -21 and Over,
Tavern, (c). Bus Station, (d). Neighborhood Recycling Collection, (e). Skating Rink (ice or roller) — indoor: Social
Hall; Theater - indoor, (t). Retail: Improvement Store; Lumber Yard; Special Exception Uses: (a). Miscellaneous:
Casinos with or without Hotel facilities where gambling games are conducted, Off -Track Pari- mutual Wagering
facilities, Public Dance Hall, Billard Hall, Pawn Shop, Gun Shop and Gunsmith Shops, (b). Personal services: Tattoo,
Body Piercing, Scarifying and Branding Establishments, (c). Recreation: Arcades, Amusement Arcades; Fairgrounds;
Skate Board Park; Theater- outdoor.
2. The Owners agree to use the north 450 feet of the property described above for allowed retail uses (excepting uses
listed in item : 1 above). Any building located in excess (i.e. further south) of the above stated north -south dimension
soshall be limited to Professional office uses including but not limited to !Medical office uses.
3. Owners also agree to have no ingress or egress from the `'CB" Community Business Zoned portion of the property to
Elkins Street or .NlIcErlain Avenue.
4. The Owners agree that this Commitment shall be recorded in the Office of the St. Joseph County Recorder, and a
File-marked copy of the recorded Commitment shall be turnished to the City of South Bend Common Council, the Area
Plan Commission of St. Joseph County, and all property owners of record located within three hundred (300') feet of
the petitioned propem: the Petitioners further agree that these commitments shall take effect upon the adoption of an
amendment to the City of South Bend Zoning Ordinance by the City of South Bend Common Council in accordance
with the Petitioner's Petition to rezone;
The Owners further agree chat these commitments be modified or terminated only by a decision of the Area Plan
Commission of St. Joseph County made at a public hearing after notice has been provided by their rules as provided at
I.C. 367 -4 -6I
6. The Owners agree that this commitment shall be enforceable by an action in either law or equity by the City of South
Bend, the City of South Bend Common Council, City of South Bend Zoning Administrator, the Area Plan Commission
of St. Joseph County, or by one (l ) or more property owners located within three hundred (300') feet of the petitioned
property and/or the successors and assigns of said property owners, said property owners being a class of especially
affected persons entitled to enforce these commitments as contemplated by LC. 36- 7-4 -61
?. The Owners hereby agree that the use and development of said property shall be strictly in accordance with the terms
and provisions of these commitments and:
3. The Owners further agree that these commitments shall be binding upon the owners, their successors in interest,
assigns, heirs, beneficiaries and personal representatives of their estates provided they be then in title in the real estate
above described.
Executed day of 2005
Approved
AREA PLAN COI ON OF
ST. JOSEPH tiv Y
i
By: ;
A T-r = Q-r-
Y
Prepared by Richard & Anne Lafree and Jerry & Nlarguery Macri- Owners
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STATE OF INDIANA
) SS:
COUNTY OF ST. JOSEPH
Before me, a Notary Public in and for said County and State, personally appeared John W.
CY Regarding l3yomi and Karl King and acknowledged the execution of the foregoing. Commitment R garding Use
and Development of Real Estate owned by Richard Lafree, - Anne Lafrep, Jerry Macri and
iklarguery %Vlacri.
IN' WITNESS WHEREOF, I have hereunto -set my hand and - official seal this
Jfi —day of Lam. .2005.
Nly Commission expires:
Notary Public
Resident of St. Joseph County, Indiana
C11t'51':__1.,1' 11%. phipp.s
2007
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ATTEST:
tl� W. Byomi — AssiAdnt Secretary
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APPROVED
AREA PLAN CO)vVNIIIS SION OF
ST. JOSEPH COUNTY
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- K4erl tind. Press
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MAP 1
Development Area Boundary Map
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Douglas RQad
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MAP 2
Development Area Zoning Map
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MAP 3
Development Area Expansion Area Map
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Douglas R
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Prescribed by the
State Board of Accounts
(2005)
County Form 170
Declaration
This form is to be signed by the preparer of a document and recorded with each document in accordance
with IC 36- 2- 7.5 -5(a).
I, the undersigned preparer of the attached document,.in accordance with IC 36- 2 -7.5, do hereby affirm
under the penalties of perjury:
1. 1 have reviewed the attached document for the purpose of identifying and, to.the extent permitted
by law, redacting all Social Security numbers;
2. 1 have redacted, to the extent permitted by law, each Social Security number in the attached
document.
I, the undersigned, affirm under the penalties of perjury, that the foregoing declarations are true.
`rn
1-3L
Sig ature of D cl . ant i
�Zhni �t(kAA W
Printed Name of Declarant