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HomeMy WebLinkAboutNo. 1928 confirmatory resolution of SBRC for SSDA ratifying/confirming No. 1914 designating the SSDA, declaring the SSDA to be blighted approving a dev. plan establishing TIFRESOLUTION NO. 1928 A CONFIRMATORY RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION FOR THE SOUTH SIDE DEVELOPMENT AREA RATIFYING AND CONFIRMING RESOLUTION NO. 1914, DESIGNATING THE SOUTH SIDE DEVELOPMENT AREA, DECLARING THE SOUTH SIDE DEVELOPMENT AREA TO BE BLIGHTED, APPROVING A DEVELOPMENT PLAN AND CONDITIONS UNDER WHICH RELOCATION PAYMENTS WILL BE MADE, AND ESTABLISHING AN ALLOCATION AREA FOR PURPOSES OF TAX INCREMENTAL FINANCING 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 ofNovember 1, 2002 approved and adopted Resolution No. 1914 ( "Declaratory Resolution ") designating the area described below as the South Side Development Area ( "Area "), declaring the South Side Development Area to be blighted, approving the South Side 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: A PARCEL of land being a part of the Northeast Quarter of Section 26, and a part of Southeast Quarter of Section 23 and a part of the West half of Section 24, all in Township 37 North, Range 2 East, City of South Bend, Centre Township and Portage Township, St. Joseph County, Indiana and being more particularly described as follows: BEGINNING at the intersection of the South right -of -way line of Chippewa Avenue and the West right -of -way line of the now abandon Penn Central Railroad located in the Northeast Quarter of said Section 26; thence Northeasterly and Northerly along said West right -of -way line to the Southerly right -of -way line of Ewing Avenue; thence East along said South right -of -way line to the first North - South property line located East of Michigan Street; thence South along said first North -South property line to the North right -of -way line of Altgeld Street; thence East along said Altgeld Street, a distance of 5 feet to the West right -of -way line of the first alley East of Michigan Street projected North; thence South along said West right -of -way line and its projection to the South right -of -way line of Donmoyer Avenue; thence East along said South right -of -way line to the West right -of -way line of St. Joseph Street; thence South along said West right -of -way line to the North right -of -way line of Farneman Street; thence West along said North right -of -way line to the intersection with the West right -of -way line of the first alley located East of Michigan Street projected North; thence South along said West right -of -way line and its projection North to the North right -of -way line of Jennings Avenue; thence East along said North right -of -way line to the intersection with the West right -of -way line of the first alley located East of Michigan Street projected North; thence South along said West right -of -way line and its projection to the South right -of -way line of Chippewa Avenue; thence South along said West right -of -way line to the North right -of -way line of Barbie Street; thence East along said North right -of -way line to the West line of Lot 56 Zook's First Subdivision projected North; thence South along said West line of Lot 56 and its projection to the Southwest corner of said Lot 56; thence East along the South line of said Zook's First Subdivision to the East right -of- way line of Fellows Street; thence North along said east right -of -way line to the North line of Lot 75 in said Zook's First Subdivision; thence East along said North line to the East line of said Zook's First Subdivision; thence North and Northeasterly along said East line to the North line of the Erskine Golf Course parcel; thence East along the North line of said Erskine Golf Course to the West right -of -way line of Miami Street; thence South along said West right -of -way line to the South right -of- way line of Alpine Drive projected West; thence East along said South right -of -way line and its projection to the East line of Lot A Broadmoor Section 3 Revised; thence Southeasterly to the Northeast corner of Lot 254; thence East and Northeasterly to the Northeast corner of Lot 247; thence Southeasterly to the Southwest corner of Lot 246 and being on the North right -of -way line of Ireland Road; thence East along said North right -of -way line thence East along the North right -of -way line of Ireland Road to the East line of Broadmoor Section 6; thence North along said East line to the South line of Lot 472 in said Broadmoor Section 6; thence East along said South line of Lot 472 and the South lines of Lots 10 and 9 in Ireland Woods, Section One; thence Northeasterly along the South lines of Lots 8, 7, A, B, and Lot 4; thence East along the South line of Lots 3, 2, 1 and Lot 71AA to the East line of said Lot 71AA; thence North along said East line of Lot 71AA, and Outlot B, 69, and Lot 68; thence West along the North line of said Lot 68, a distance of 181 feet; thence North 20 feet; thence West 35 feet; thence North along the East line of Lots 67, 52, and 51 to the South line of Meadow View Second Addition; thence East along said South line to the West line of a 1.187 acre parcel of land; thence Southeasterly along said West line to the North line of a 2.577 acre parcel of land; thence West along said North line to the West line of said 2.577 acre parcel; thence South along said West line to the South line of said 2.577 acre parcel; thence East along said South line to the West right -of -way line of Ironwood Road; thence South along said West right -of -way line to the North line of Ruby Plaza Minor Subdivision projected West; thence East along said North line and its projection to the East line of said Ruby Plaza Subdivision; thence South along said East line to the South right -of -way line of Ireland Road; thence West along said South right -of -way line to the East right -of -way line of Ironwood Road; thence South along said East right -of -way line to the North right -of- way line of the U.S. 20 Bypass; thence West along said North right -of -way line to the Page -2- East line of Scottsdale Addition, Section C; thence North along said East line and the East line of Scottsdale Addition, Section B to the South right -of -way line of Ireland Road; thence West along said South right -of -way line to the West line of the Scottsdale Addition Section A; thence South along said West line and its projection South to the South right -of -way line of the U.S. 20 Bypass; thence West along said South right -of -way line to the West line of Scottsdale Addition Section D, a distance of 507.7 feet; thence West to the Southerly right -of -way line of the U.S. 20 Bypass; thence Southwesterly along said Southerly right -of -way line to the East right -of -way line of Miami Street; thence South along said East right -of -way line to the South right -of -way line of Jackson Road; thence West to the West right -of -way line of Miami Street; thence North along said West right -of -way line to the South right -of- way line of said U.S. 20 Bypass; thence West along said South right -of -way line to the West right -of -way line of Fellows Street projected South; thence Westerly, Southwesterly, and Southerly to the South right -of -way line of Jackson Road; thence West to the Westerly right -of -way line of said U. S. 20 Bypass; thence Northerly, Northwesterly, and Westerly along said South right -of -way line of the U. S. 20 Bypass to the Easterly right -of -way line of the now abandon Penn Central Railroad located in the South half of said Section 26; thence Northeasterly along said Easterly right -of -way line to the Southerly right -of -way line of Ireland Road; thence West along said South right -of -way line to the West right -of -way line of said abandon Penn Central Railroad; thence Northeasterly along said West right -of -way line to the place of beginning. WHEREAS, the Commission has heretofore submitted its Declaratory Resolution No. 1914 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 its regular meeting ofNovember 19, 2002, the Area Plan Commission of St. Joseph County approved its Resolution No. 142-02 which Resolution 142 -02 constituted the written order of the Area Plan Commission of St. Joseph County, Indiana approving Commission Declaratory Resolution No. 1914 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. 142-02 constituting the Area Plan Commission's written order approving the Commission's Declaratory Resolution No. 1914 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 November 25, 2002, the South Bend Common Council, adopted its Resolution No. 3136 -02 approving the order of the Area Plan Commission of St. Joseph County with regard to the South Side Development Area and finding that the Area is blighted; and WHEREAS, after receipt of the written order of approval of the Area Plan Commission and Page -3- 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 South Bend Tribune and Tri- County News with such Notice advising of the adoption and substance of its Declaratory Resolution No. 1914, 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, December 20, 2002, 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 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 South Side Development Area; and WHEREAS, a copy of the Notice of Public Hearing on the South Side 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, 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, December 20, 2002, 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 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. 1914 proposing the establishment of the South Side Development Area, it has considered their objections so voiced, and therefore, the Commission is prepared to take final action on said Declaratory Resolution No. 1914 creating the South Side 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 blighted area referred to in its Declaratory Resolution No. 1914 proposing the establishment of the South Side Development Area, as adopted by the Commission on November 1, 2002, is of public utility and benefit and that said Declaratory Resolution No. 1914 establishing the South Side Development Area should be ratified, confirmed and approved without change, and that the real estate to be included Page -4- in the South Side 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 described in the first "WHEREAS" clause above is blighted and deteriorating, that such area constitutes a menace to the social and economic interests of the City of South Bend and its inhabitants, and that the redevelopment of such area 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. 1914, adopted by the South Bend Redevelopment Commission, Governing Body of the City of South Bend, Department of Redevelopment, on November 1, 2002, is of public utility and benefit and said Declaratory Resolution is now hereby ratified, confirmed and approved. 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 South Side Development Area: 1. The Commission finds and determines that there is a substantial presence in the area designated as the South Side Development Area ( "Area ") of excessive vacant land or which structures were located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures and delinquency in the payment of real property taxes. 2. The Commission further finds that the Area is blighted and constitutes a menace to the social and economic interest of the City of South Bend and its inhabitants, and it will be of public utility and benefit to acquire land within such Area and to redevelop it under the Act. 3. The assessed value of the real property of the Area when added to the assessed value of the real property located in all redevelopment areas does not exceed twenty percent (20 %) of the total assessed value of the real property located in the City of South Bend. 4. The South Side Development Area Plan ( "Plan") for the Area will result in the demolition and/or selective demolition and reuse of severely blighted structures. Alleviating this blight and its blighting influence is projected to be a catalyst to ongoing and future development in the area. 5. The Plan for the Area delineates four (4) Sub -Areas to be known as (i) the East Ireland Road Sub -Area; (ii) the Erskine Hills Sub -Area; (iii) the South Gateway Page -5- Sub -Area; and (iv) the Michigan & Main Street Commercial Corridor Sub -Area. 6. The Plan for the Area allows for the designation of an overlay area within the Erskine Hills Sub -Area for a Sales Tax Increment Finance ( "STIF ") District. 7. The Plan for the Area cannot be achieved without the designation of the Area as a redevelopment area because the presence of both "brownfield" and "greyfield" conditions within the Area and because of the existence of blighted conditions as defined at Ind. Code § 36- 7 -1 -3. 8. The Plan for the Area will allow for the master - planned development of multiple sites within the Area. The Area status will allow opportunities for the master planning of traffic circulation, infrastructure upgrades and development, master signage and control, landscaping and site design control and general development planning. 9. The Plan for the Area allows for the study for future remediation of the property commonly known as the former Fitterling landfill site located east of 514 Ireland Road within the proposed South Gateway Sub -Area and provides the necessary redevelopment tools and funding mechanisms to aid in the stabilization and development of the Fitterling landfill site and properties that are adjacent thereto. 10. The Plan for the Area will complement public and private sector investment within the immediate neighborhoods. 11. The public health and welfare will be benefitted by the accomplishment of the Plan within the Area. 12. The Plan for the Area will result in improvements to the public infrastructure necessary to provide for the vehicular and pedestrian circulation needs of a commercial retail corridor. 13. The Plan for the Area will provide the necessary redevelopment tools and facilitate the use of certain funding mechanisms to aid in the redevelopment of the area commonly known as Scottsdale Mall Shopping Center that is located within the Erskine Hills Sub -Area. 14. The Plan for the Area will provide the necessary redevelopment tools and funding mechanisms to aid in the demolition and/or selective demolition and site preparation and remediation of the certain greyfield and brownfield sites within the Area. 15. The Plan for the Area will allow for the expansion and upgrade of public Page -6- facilities and utilities within the Area. 16. The Plan for the Area will allow for the planned acquisition of parcels of real property related to the expansion of public roadways and utility structures. 17. The Plan for the Area conforms to other development and redevelopment plans for the City of South Bend and conforms to the comprehensive plan of the City of South Bend. 18. The Plan is reasonable and appropriate when considered in relation to the purpose of Chapter 14, Article 7, Title 39 of the Indiana Code. 19. 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: A. For purposes of the allocation provisions of the Act, as authorized by Ind. Code § 36- 7- 14 -39, and as used in this Resolution for the purposes of distribution of real property taxes, the "allocation area" of the South Side Development Area, and which area is more more particularly described in the first "WHEREAS" clause above; and B. Any real property taxes hereinafter levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property within the allocation area be allocated and distributed as follows: (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 redevelopment district and, when collected, paid into an allocation fund for that allocation area that may be used by the redevelopment district only to do one (1) or Page -7- 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 redevelopment district for the purpose of financing or refinancing the redevelopment of the allocation area; (B) Establish, augment, or restore the debt service reserve for bonds payable solely or in part from allocated tax proceeds in the allocation area; (C) Pay the principal of and interest on bonds payable from allocated tax proceeds in that allocation area and from the special tax levied under Ind. Code § 36- 7- 14 -27; (D) Pay the principal of and interest on bonds issued by the City of South Bend to pay for local public improvements in or serving the allocation area; (E) Pay premiums on the redemption before maturity of bonds payable solely or in part from allocated tax proceeds in the allocation area; (F) Make payments on leases payable from allocated tax proceeds in the allocation area under Ind. Code § 36 -7 -14 -25.2; (G) Reimburse the City of South Bend for expenditures made by it for local public improvements which includes, but is not limited to, buildings, parking facilities, and other items described in Ind. Code § 36- 7- 14- 25.1(a) in or serving the allocation area; (H) Reimburse the City of South Bend for rentals paid by it for a building or parking facility in or serving the allocation area under any lease entered into under Ind. Code § 36 -1 -10; (I) Pay all or a portion of a property tax replacement credit to taxpayers in an allocation area as determined by the Commission by separate resolution; (J) Pay expenses incurred by the Commission for local public improvements that are in the allocation area or are serving the allocation area (which includes buildings, parking facilities or other Page -8- items described in Ind. Code § 36- 7- 14- 25.1(a)); (K) Reimburse public and private entities for expenses incurred in training employees of industrial facilities that are located (i) within the allocation area; and (ii) on a parcel of real property that has been classified as industrial property under the rules of the state board of tax commissioners; (L) Reimburse the Commission for preliminary expenditures paid from Commission funds prior to the issuance of the bonds with bond proceeds, said expenditures to include legal, architectural, engineering, surveys, appraisals, and supervisory expenses related to the acquisition and redevelopment of property, the issuance of bonds and related costs; provided, however, that if future uses of property tax proceeds allocated to the allocation fund are authorized or permitted by amendment to the Act, including Ind. Code § 39- 7- 14 -39, after the effective date of this resolution, those uses shall also be authorized or permitted for property tax proceeds allocated hereby; and further provided that the allocation fund may not be used for operating expenses of the Commission. C. Inasmuch as a portion of the allocation area is located within an enterprise zone created under Ind. Code § 4- 4- 4 -6.1, the provisions of Ind. Code § 36- 7- 14 -39(g) shall apply to the use and allocation of proceeds in excess of those described in subsection B(1) of this Resolution. D. When the funds are no longer need for the purposes permitted in subsection B, above, moneys in the allocation fund in excess of that amount shall be paid to the respective taxing units in the manner prescribed in Ind. Code § 36- 7- 14- 39(b)(1). E. "Property taxes" and "property tax proceeds" as used in this resolution shall mean taxes imposed on real property under Ind. Code § 6 -1.1. BE IT FURTHER RESOLVED that the Commission's Declaratory Resolution No. 1914, adopted by the South Bend Redevelopment Commission, Governing Body of the City of South Bend, Department of Redevelopment, on November 1, 2002 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 determining the public utility and benefit of the proposed project and confirming its Declaratory Resolution No. 1914 pertaining to the South Side Page -9- Development Area. BE IT FURTHER RESOLVED that the Secretary is directed to record this Resolution No. No. 1928 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 December 20, 2002, at Room 1308, County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601 SOUTH BEND REDEVELOPMENT COMMISSION By: Robert W. Hunt, President ATTEST: STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Pu lic, in and for said County and State, personally appeared obert W. Hunt and %? ax e.� , known to me to be the President and &� , of the South Bendkedevelopment Commission and acknowledged the execution of the foregoing Resolution No. 1928. IN WITNES WHEREOF, I have hereunto subscribed my name and affixed my official seal on theo�M day of V 2002. Notary Public Residing in St. Joseph County, IN My Commission Expires: PAMmA SMORRIS NOTARY PUBLIC STATE OF ND ANA COUNTY MY � E(P SEPT 24,2010 HAWPData\South Side Development Area \Creation of SSDA\Resolutions \SSDA Con&9Agf o11Qrwpd