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HomeMy WebLinkAboutNo. 2667 confirming a resolution amending the development plan for the SSDA and adding one or more parcels to the list of parcels to be acquired (Miami St., south of Ireland, Hawbaker St.)C U RECORDED AS PRESENTED ON 04129/2010 02:42:55PM PHILLIP G. DOTSON ST. JOSEPH COUNTY RECORDER REC FEE: $19.00 PAGES: 5 RESOLUTION NO. 2667 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION CONFIRMING A RESOLUTION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH SIDE DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the South Bend Department of Redevelopment, at a meeting held on March 5, 2010, approved and adopted its Resolution No. 2658 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH SIDE DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the "Declaratory Resolution "); and WHEREAS, the Declaratory Resolution added six parcels in the Erskine Plaza Shopping Center development area to the Acquisition List for the South Side Development Area (the "Area ") and amended the South Side Development Area Development Plan (the "Plan Amendment "), all within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, which has been codified in Indiana Code 36 -7 -14 et. seq. (the "Act "); and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission "), which is the duly designated and acting planning body for the City of South Bend, Indiana (the "City "), on March 16, 2010, adopted a resolution, which is its written order approving the Declaratory Resolution and the Plan Amendment; and WHEREAS, the Plan Commission, by said written order, has certified that the Declaratory Resolution and the Plan Amendment conform to the general plan of development for the City; and i 't WHEREAS, the Common Council of the City (the "Common Council ") on March 22, 2010, adopted a Resolution approving the written order of the Plan Commission; and WHEREAS, the Commission caused to be published a Notice of Public Hearing concerning the Plan Amendment on March 26, 2010, in the South Bend Tribune and the Tri- County News, respectively, and made all required filings with governmental agencies and officers pursuant to and in accordance with Section 17(b) and /or (c) of the Act; and WHEREAS, at a public hearing held by the Commission on April 9, 2010, at 11:00 a.m., local time, on the 13th Floor of the County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, the Commission heard all the persons interested in the proceedings and received any written remonstrances and objections that had been filed and, considered those remonstrances and objections, if any, and such other evidence presented; and WHEREAS, the Commission now desires to confirm the Declaratory Resolution and adopt and confirm the Plan Amendment. NOW, THEREFORE, BE IT RESOLVED, by the South Bend Redevelopment Commission as follows: 1. After considering the evidence presented at the public hearing on April 9, 2010, the Commission hereby confirms the Declaratory Resolution and finds that the proposed amendment to the Development Plan and to Resolution No. 737, as amended, is reasonable and appropriate when considered in relation to the Development Plan and to Resolution No. 737, as amended, respectively, and the purposes of the Act. 2. The Commission finds that the Development Plan, as amended, and Resolution No. 737, as amended and as hereby further amended, conforms to the comprehensive plan of the City. 3. The Commission further finds that to accomplish development of the Area it is necessary to acquire additional land within the Area as shown on the Property Acquisition List included in the Development Plan. 4. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 5. 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; and isd) other similar public benefits. r '' 6. It is estimated that the cost of acquiring the property being added to the Property Acquisition List is Five Hundred Thousand Dollars ($500,000.00). 7. The proposed amendment to the Development Plan is in all respects approved. 8. This Resolution constitutes final action pursuant to Indiana Code 36- 7- 14 -17(d) by the Commission determining the public utility and benefit of the proposed project and confirming the Declaratory Resolution. 9. The Secretary is directed to record this Resolution pursuant to the requirements of Indiana Code 36- 7- 14- 17(d). 10. The Secretary is hereby directed to file a certified copy of said Development Plan, as amended, with the minutes of this meeting. 11. The Secretary is hereby further directed to record this Resolution with the office of the St. Joseph County Recorder. 12. All other findings, determinations and conclusions in Resolution No. 737, as amended, shall remain as stated therein. 13. All orders or resolutions inconsistent with this Resolution are hereby rescinded, revoked and repealed to the extent such resolutions are inconsistent with this Resolution. 14. 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. 15. This Resolution shall be in full force and effect after its adoption by the Commission. 6 Adopted at a meeting of the South Bend Redevelopment Commission held on April 9, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. ATTEST: "Qz��. Signature Nancy N. King, Secretary Printed Name and Title South Bend Redevelopment Commission CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT K'/ //� � � 4 � Signature Marcia I. Jones President Printed Name and Tit e South Bend Redevelopment Commission U • • EXHIBIT A RESOLUTION NO. 2667 AMENDMENT TO THE SOUTH SIDE DEVELOPMENT AREA DEVELOPMENT PLAN ADDITION TO THE ACQUISITION LIST Address Property Owners Tax Key # Description Miami Street City of South Bend 23- 1007 - 0511001 Retention Pond Miami Street City of South Bend 23 -1007- 051107 Retention Pond V/L south of Ireland Erskine Plaza Association 23 -1007- 051105 Drive lane 748 Hawbaker Street Afifeh A Bullard 23 -1035 -1798 House 736 Hawbaker Street Terrance & Debrah Wruble 23- 1035 -1799 House 722 Hawbaker Street Emery & Mary Keszei 23- 1035 -1800 House