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HomeMy WebLinkAboutNo. 1238 as modified by motion and approval of the SBRC following public hearing, all at its meeting of 4/15/94 - amending the AEDA development plan9440336 RESOLUTION NO. 1238 MODIFIED BY MOTION AND APPROVAL OF THE SOUTH BEND REDEVELOPMENT COMMISSION PUBLIC HEARING, AI.L AT ITS MEETING OF APRIL 15, 1994 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN 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 to be an Economic Development Area within the meaning of I.C. 36-7-14 ("Act"); and WHEREAS, Resolution No. 919 and the Airport Economic Development Area Economic Development Plan ("Development Plan") adopted by Resolution No. 919 on February 23, 1990 was 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 resolution expanded the Airport Economic Development Area by adding Expansion Area No. 1 and Expansion Area No. 2; and by Resolution No. 1058, adopted on May 22, 1992 and said resolutions again expanded the Airport Economic Development Area by adding Expansion Area No. 3 and re-declared the following area known as the Airport Economic Development Area ("AEDA") to be an Economic Development Area with the meaning of the Act: Airport Economic Development Area (AEDA) A part of Sections 17, 18, 19, 20, 21, 22, 27, 28, 29,30,31, 32 and 33 in Township 38 North, Range 2 East, and Section 4, Township 37 North, Range 2 East all in German Township, St. Joseph County, Indiana, more particularly described as follows: Beginning at the intersection of the East right of way line of Bendix Drive and the Northeast right of way line of Lincoinway West (also known as USR 20); thence Northwesterly along said Northeast right of way line of Lincoinway West to the East right of way line of Butternut Road; thence Northwesterly across Butternut Road on a line parallel with and 140 feet Northerly of the survey Line S-USR20-M (referenced to plans for U.S. 31 Bypass) to the West right of way line of Butternut Road; thence Northwesterly along the Northeast limited access right of way line of USR 20 to a point 150 feet to the right of Station 65 + 00, Line S-USR20-M; thence Southwesterly a distance of 300 feet along a line measured at right angles to said Line S-USR20-M to a point 150 feet to the left of Station 65 + 00 on Line S-USR20-M; thence Southerly and Southwesterly along the limited access right of way line of the southeast ramp of the U.S. 31 Bypass to a point being 170 feet to the right of Station 35 + 00 on Line M at the centerline of the U.S. 31 Bypass; thence Westerly a distance of 320 feet to a point 150 feet to the left of Station 35 + 00 on said Line M; thence Northerly and Northwesterly along the limited access right of way line of the Southwest ramp of said U.S. 31 Bypass to a point at Station 34+00 Line S-USR-20-M in the limited access right of way line of the Southwest ramp of said U.S. 31 Bypass, which point is 130 feet Southwesterly measured at right angles from said *4 9440336 RESOLUTION NO. 1238 MODIFIED BY MOTION AND APPROVAL OF THE SOUTH BEND REDEVELOPMENT COMMISSION PUBLIC HEARING, AI.L AT ITS MEETING OF APRIL 15, 1994 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN 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 to be an Economic Development Area within the meaning of I.C. 36-7-14 ("Act"); and WHEREAS, Resolution No. 919 and the Airport Economic Development Area Economic Development Plan ("Development Plan") adopted by Resolution No. 919 on February 23, 1990 was 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 resolution expanded the Airport Economic Development Area by adding Expansion Area No. 1 and Expansion Area No. 2; and by Resolution No. 1058, adopted on May 22, 1992 and said resolutions again expanded the Airport Economic Development Area by adding Expansion Area No. 3 and re-declared the following area known as the Airport Economic Development Area ("AEDA") to be an Economic Development Area with the meaning of the Act: Airport Economic Development Area (AEDA) A part of Sections 17, 18, 19, 20, 21, 22, 27, 28, 29,30,31, 32 and 33 in Township 38 North, Range 2 East, and Section 4, Township 37 North, Range 2 East all in German Township, St. Joseph County, Indiana, more particularly described as follows: Beginning at the intersection of the East right of way line of Bendix Drive and the Northeast right of way line of Lincoinway West (also known as USR 20); thence Northwesterly along said Northeast right of way line of Lincoinway West to the East right of way line of Butternut Road; thence Northwesterly across Butternut Road on a line parallel with and 140 feet Northerly of the survey Line S-USR20-M (referenced to plans for U.S. 31 Bypass) to the West right of way line of Butternut Road; thence Northwesterly along the Northeast limited access right of way line of USR 20 to a point 150 feet to the right of Station 65 + 00, Line S-USR20-M; thence Southwesterly a distance of 300 feet along a line measured at right angles to said Line S-USR20-M to a point 150 feet to the left of Station 65 + 00 on Line S-USR20-M; thence Southerly and Southwesterly along the limited access right of way line of the southeast ramp of the U.S. 31 Bypass to a point being 170 feet to the right of Station 35 + 00 on Line M at the centerline of the U.S. 31 Bypass; thence Westerly a distance of 320 feet to a point 150 feet to the left of Station 35 + 00 on said Line M; thence Northerly and Northwesterly along the limited access right of way line of the Southwest ramp of said U.S. 31 Bypass to a point at Station 34+00 Line S-USR-20-M in the limited access right of way line of the Southwest ramp of said U.S. 31 Bypass, which point is 130 feet Southwesterly measured at right angles from said Line S- USR20 -M; thence Northeasterly a distance of 250 feet measured at right angles to said Line S- USR20 -M to a point at Station 34 +00 on Line S- USR20 -M, and being 120 feet measured at right angles, Northeasterly from said Line; thence Easterly and Northerly along the limited access right of way line of said Northwest ramp of the U.S. 31 Bypass to a point, 79.36 feet South of the north 1/4 post of said Section 31; thence North along the north -south quarter line of said Section 31, 79.36 feet to the north 1/4 post of said Section 31; thence North along the north -south quarter line of Section 30 to the north 1/4 corner of Section 30; thence continuing North along the North -South centerline of Section 19, to the intersection with the Southerly right of way line of the Indiana East -West Toll Road; thence Westerly along the Southerly right of way line of the Indiana East -West Toll Road a distance of 1320 feet more or less to the East right of way line of Olive Road extended, thence North along the East right of way line of Olive Road extended a distance of 2600 feet more or less to the intersection with the Northerly right of way line of Brick Road; thence Easterly and Northerly along the Northerly right of way line of Brick Road and the Westerly right of way line of the U.S. 31 Bypass to the intersection with the East -West centerline of Section 18; thence continuing Easterly along the East -West centerline of said Section 18, to the intersection with the East line of said Section 18, said intersection also being the Northwest corner of the Southwest 1/4 of Section 17; thence South 891D 31' 43" East (this and the next 10 courses and bearings are based on the East line of the Southwest Quarter of said Section 17, said line having an assumed bearing of North 000 00' 00" East) along the North line of said Southwest 1/4 a distance of 1303.80 feet to the Northeast corner of the West 1/2 of said Southwest 1/4; thence South 000 03' 49" West along the east line of the West 1/2 of said Southwest 1/4 a distance of 2465.70 feet to a point which is North 000 03' 49" East a distance of 200.00 feet from the Southeast corner of the West 1/2 of said Southwest 1/4; thence North 890 39' 06" West, parallel with the South line of said Southwest 1/4 a distance of 400.00 feet; thence South 000 03' 49" West, parallel with the East line of the West 1/2 of said Southwest 1/4, a distance of 200.00 feet to the South line of said Southwest 1/4; thence North 890 39' 06" West, along said South line a distance of 375.75 feet; thence North 001 22' 38" East a distance of 205.00 feet; thence North 890 39' 06" West, parallel with said South line a distance of 138.00 feet; thence South 000 22' 38" West a distance of 205.00 feet to said South line; thence North 891 39' 06" West along said South line a distance of 60.00 feet; thence North 000 22' 38" East a distance of 200.00 feet; thence North 890 39' 06" West, parallel with said South line a distance of 330.00 feet to the West line of said Southwest 1/4; thence Southerly along said West line to the Southwest corner of said Section 17, also being the Northwest corner of Section 20; thence Southerly along the West line of Section 20, to the South right of way line of Brick Road; thence due East along the South right of way line of Brick Road a distance of 346.64 feet; thence due South a distance of 150.35 feet to a point on the Northerly right of way line of the new Cleveland Road, said point being 170.85 feet South of and 346.64 feet East of the Northwest corner of said Section 20; thence Southeasterly along said Northerly right of way line of the new Cleveland Road to the point of intersection with the East line of the West 1/2 of the West 1/2 of the Northwest 1/4 of said Section 20; thence due North along said East line to the intersection with the South right of way line of Brick Road; thence due East along said South right of way line of Brick Road to a point being due west and 200 feet from the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 20; thence due South 220 feet; thence due East 200.00 feet to the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 20; thence due North a distance of 220 feet to the South right of way line of Brick Road; thence East along the South right of way line of Brick Road to a point of intersection with the West right of way line of Mayflower Road; thence South along the West right of way line of Mayflower Road to the intersection with the Northerly right of way line of the new Cleveland Road; thence Southeasterly along the Northerly right of way line of the New Cleveland Road to a point, said point being located from the intersection of the West line of the Northwest 1/4 of Section 21, with the Northerly right of way line of the Indiana East -West Toll Road, said intersection being 337.19 feet northerly of the West 1/4 corner of said Section 21, and being marked by a brass monument set in concrete, by the following courses: thence Easterly 80.64 feet along said Northerly right of way line along an arc to the right having a radius of 5879.58 feet and subtended by a chord of 80.64 feet bearing South 831 32' 20" East (this bearing and the next 5 bearings are relative to an assumed bearing of North 901 00' 00" East for the north line of said Northwest 1/4), to an iron pipe; thence North 000 06' 03" East, parallel with and 80.50 feet Easterly of said West line of the Northwest 1/4, a measured distance of 336.78 feet to a one inch square iron pipe marking the northwest corner of a parcel of land described in Deed Record 819, page 596, in the Office of the Recorder of St. Joseph County, Indiana, said corner being the previously stated point in question; thence continuing North 000 06' 03" East, a measured distance of 669.74 feet to a one inch square iron pipe at a point which is South 000 06' 03" West a distance of 1281.30 feet from the North line of the Northwest 1/4 of Section 20; thence South 89 ° 14' 27" East, along a southerly line of a parcel of land described as Tract "D" in Deed Record 765, page 529, in said Office of the Recorder, a measured distance of 561.72 feet to an iron pipe; thence South 000 05' 02" West, along a Westerly line of said Tract "D ", a measured distance of 795.17 feet to a one inch square iron pipe marking the northerly right of way line of said New Cleveland Road; thence Southeasterly along the northern right of way line of the new Cleveland Road to the intersection with the North /South Quarter line of said Section 21; thence North 000 56' 12" West a distance of 98.76 feet along said north /south quarter line to the center of Section 21; thence North 000 56' 57" West a distance of 2010.16 feet along the north /south quarter line to the Northwest corner of Outlot 7C, of the recorded plat of Toll Road Industrial Park, Section 7; thence North 880 53' 36" East, 1327.59 feet to the Northeast corner of Lot 11 of the Toll Road Industrial Park, Section 6; thence South 000 56' 57" East, 366.66 feet to the North line of Lot 14, Section 6, of the Toll Road Industrial Park; thence easterly a distance of 1322.97 feet along the north line of Lot 14 and Lot 6 of Toll Road Industrial Park - Phase II, Section One to the east line of said Lot 6, also being the east line of Section 21; thence along the said East line South 000 45' 45" East a distance of 1590.77 feet to the East quarter post of said Section; thence South 01 ° 00' 44" East along the East line of said Section, 585.04 feet; thence North 89 ° 44' 31 " East a distance of 1219.94 feet to the Centerline of Portage Road; thence South 21 ° 44' 25" East along said centerline a distance of 292.53 feet; thence North 01 ° 02' 54" West along the East line of the West 1/2 of the Southwest 1/4 of said Section 22, to the East -West centerline of said Section 22; thence East along the East -West centerline of said Section 22 to the center of said Section 22; thence South along the North -South centerline of said Section 22 to a point 214.50 feet North of the South 1/4 corner of said Section 22; thence West, parallel with the South line of said Section 22, a distance of 99.00 feet; thence South, parallel with said North -South y centerline of Section 22, a distance of 214.50 feet to the South line of said Section 22; thence East along said South line of Section 22, a distance of 99.00 feet to the South 1/4 corner of said Section 22 (also being the North 1/4 corner of Section 27); thence South along the North -South centerline of said Section 27 to the South right of way line of the East -West Indiana Toll Road; thence West and Northwest along the Southerly right of way line of said East -West, Indiana Toll Road to the intersection with the East right of way line of Bendix Drive; thence Southwest and Southerly along the East line of said Bendix Drive to the Point of Beginning. WHEREAS, the Development Plan includes a list of parcels of property within the AEDA to be acquired; and WHEREAS, it is necessary to modify the list of parcels of property within the AEDA to be acquired by adding parcels of property to and deleting parcels of property from the Property Acquisition List; and WHEREAS, there was presented at this meeting of the Commission for its consideration and approval a proposed amendment to the Development Plan setting out the boundaries of the AEDA, adding parcels of property to and deleting parcels of property from the Property Acquisition List and further identifying the types of economic development projects and purposes to be undertaken in the AEDA, (the Development Plan as amended is hereinafter referred to as the "Development Plan"), which Development Plan is entitled: "Airport Economic Development Area Development Plan" and consists of a typewritten document of 17 pages; and WHEREAS, the Development Plan has been revised and considered at the meeting; and WHEREAS, Section 17.5 of the Act provides for a public hearing to be held by the Commission, at which public hearing all persons interested in the proceedings and who have filed written remonstrances may be heard; and WHEREAS, at the hearing held by the Commission on the 15th day of April, 1994, at 10:00 a.m., Eastern Standard Time, at 1308 County -City Building, South Bend, Indiana, the Commission heard all persons interested in the proceedings and received and considered one 1 written remonstrance and objection and other such evidence presented. 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. To accomplish development of the Airport Economic Development Area it is necessary to acquire additional land within the Airport Economic Development Area, and to forebear at this time from acquiring certain land previously resolved to be acquired, all as shown on the Property Acquisition List included in the Airport Economic Development Area Development Plan attached hereto and incorporated herein. 2. It is estimated that the cost of acquisition and redevelopment of the property being added to the acquisition list is $635,310. 3. The Airport Economic Development Area Development Plan, as amended, as attached hereto is hereby in all respects approved. 4. The Commission finds that the proposed amendments to the Airport Economic Development Area Development Plan and to Resolution No. 919, as amended, are reasonable and co appropriate when considered in relation to the Airport Economic Development Area Development Plan and to Resolution No. 919, as amended, respectively, and the purposes of the Act. 5. The Commission finds that the Airport Economic Development Area Development Plan, as amended, and Resolution No. 919, as amended and as hereby further amended, conform to the comprehensive plan of the City. 6. The Secretary is hereby directed to file a certified copy of said Airport Economic Development Area Development Plan, as amended, with the minutes of this meeting. 7. The Secretary is hereby directed to record this Resolution with the Office of the St. Joseph County Recorder pursuant to the requirements of I.C. 36- 7- 14- 17.5(8). 8. All other findings, determinations, and conclusions in Resolution No. 919, as amended, shall remain as stated therein. 9. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended. Adopted at a meeting of the South Bend Redevelopment Commission held on April 15, 1994 at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. ATTEST: Theo F. Sharj(, S-e-cr--ertary- ML:res1238a SOUTH BEND REDEVELOPMENT COMMISSION / lJ Paula N. Auburn, President AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN Division of Redevelopment Department of Community & Economic Development City of South Bend, Indiana February 23, 1990 1st Revision: November 9, 1990 2nd Revision: May 22, 1992 3rd Revision: April 15, 1994 i AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN INTRODUCTION .............................. 1 DESCRIPTION OF PROJECT ..................... 2 Boundaries of the Airport Economic Development Area ....... 2 Goals and Objectives ............................. 2 Obstacles to Achieving the Economic Development Plan ...... 4 Proposed Economic Development Activities .............. 4 Expected Public Benefit From the Economic Development of the Area . ............................... 4 LAND USE ... ............................... 5 Development Controls ............................ 5 Public Improvements ............................. 7 PROJECT PROPOSALS ......................... 7 Property Acquisition ............................. 7 Property Rehabilitation :::::::::::::::::::::::::: 11 Developers Obligations 11 I DESIGN REVIEW COM [ITTEE .................. 11 Establishment of Committee ....................... 12 Terms...... ............................... 12 Rules....... ............................... 12 Powers and Duties ............................. 12 Design Guidelines .............................. 13 Permits ..... ............................... 13 Review..... ............................... 13 Amendments to Disapproved Plan .................... 14 Signs and Awnings ............................. 14 STATUTORY AUTHORITY ...................... 14 PROCEDURE FOR AMENDMENT OF THE APPROVED DEVELOPMENT PLAN ................... 14 MAP 1 - Project Boundary ......................... 3 MAP 2 - Zoning ............................... 6 TABLE 1 - Property Aquistion List ................... 8 MAP 3 - Land Aquisition Plan ..................... 10 INTRODUCTION The Airport 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 opening up a large, new area for commercial and industrial development, the City will generate new jobs, increase its tax base, diversify business opportunities and compete in a larger marketplace while at the same time generating millions of dollars of new investment for North Central Indiana. The Area, which is zoned primarily for industrial purposes, is a prime site for new development due to its ready access to an excellent transportation network that includes air (Michiana Regional Airport), rail (the South Shore Railroad will likely relocate there) and highway (several major local arterials, the U.S. 31 bypass and the Indiana Toll Road Fait 72). All of these combine to permit ready access to local, regional and Midwest markets in all directions. Added to this strong transportation network is the presence in the Area of the highly successful Airport and Toll Road Industrial Parks, which provide a solid employment and tax base for the region as well as an excellent economic development model. With these existing industrial parks nearly out of developable space, the Airport project is the next logical step. When completed, this major, multi -use, economic development project will offer an excellent environment for business development that will spur the economy of South Bend as well as that of North Central Indiana. While the above mentioned factors combine to provide a strong impetus for development of this Area, lack of interior roadway access and the absence of utility infrastructure have hindered normal development of an otherwise excellent site. 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 the future growth and development of this Area and the South Bend community as a whole. DESCRIPTION OF PROJECT Boundaries of the Airport Economic Development Area The boundaries of the Airport Economic Development Area are attached as Exhibit "A". Goals and Objectives Goals and objectives for the economic development of the Airport Economic Development Area are: 1. 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 provide new space for the expansion of the existing Airport Industrial Park, as well as other South Bend businesses. 6. To improve roadway access and circulation in the northwest portion of the City, surrounding the Michiana Regional Airport. 7. To stimulate increased use and growth of the Michiana Regional Airport. 8. To increase user traffic for the Indiana Toll Road, specifically Exit 72. 2 9. To increase use of the South Shore Railroad (when relocated to the Michiana Regional Airport). Obstacles to Achieving the Economic Development Plan Although the Airport Economic Development Area has the potential to be a prime site for new growth, 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: adequate internal circulation, utilities and other infrastructure related to the orderly growth and development of new commercial, office and light industrial concerns. 2. Multiple and fragmented ownership of land, which makes the assemblage of larger or contiguous parcels difficult. 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 Airport Economic 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 office, commercial and industrial uses within the Area. 2. Increase and diversification of the City's tax base. 3. New private investment and development as well as the expected expansion of existing businesses, expecially in the Airport and Toll Road Industrial Parks. 4. Improved roadway access in the northwest portion of the City. 5. New construction and rehabilitation opportunities, which will result in additional jobs and investment, especially in the construction trades as well as architectural, engineering and other related fields. LAND USE Development Controls The controls and regulations for the Airport Economic Development Area are designed to provide for development that is consistent with Plan goals and objectives and to assure compatibility of development throughout the area. 1. Zoning requirements shall be the same as those in the "D" and "E" Districts as identified in Chapter 21, Article 2, of the Municipal Code of the City of South Bend. 2. Height and area requirements shall be the same as those in the "A" Height and Area District as identified in Chapter 21, Article 4, of the Municipal Code of the City of South Bend. 3. When feasible, utility lines shall be placed underground. 4. All properties within the Area shall be designed and maintained so that the appearance of the premises and all buildings thereon shall reflect a high level of design and maintenance in keeping with the standards of the Area. Y 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 relating to new or existing roads. 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 project. 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 (Table 1) indicate real property to be acquired for economic development purposes. After acquisition, 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. TABLE 1 - Property Aquistion List Parcel Key# Owner's Name Acreage A 25- 1019 -0632 Bradford 19.8 acres B 25- 1019 - 0310.02 Corbridge 15.9 acres C 25- 1019 - 0318.03 Hannah 3.5 acres D 25- 1019 -0315 Francoeur 2.0 acres E 25- 1017 - 0610.06 Wendt 9.8 acres F 25- 1017 -0612 Pend[ 15.0 acres G 25- 1017- 0612.01 Borough 18.8 acres H 25- 1018 -0622 Bradford 70.5 acres 1 25 -1018- 0624.01 DeMaegt 83.9 acres K 2510100497 25- 1013 -0222 Demaeot Industrial Foundation 1.0 aeFe 2.4 acres L 25. 1013.0223 Industrial Foundation 2.4 acres M 25.1013- 0211.19 Industrial Foundation 9.1 acres N 25.1013. 0211.08 Industrial Foundation 3.7 acres 0 25- 1013 - 0212.02 Industrial Foundation 14.6 acres P 25- 1013 -0216 Industrial Foundation 33.1 acres 25- 1013 - 0216.02 Q 25- 1017 -0610 James Conboy 31.16 acres R 25 -1017. 0610.02 State of Indiana 5.00 acres S pt. 25- 1018 -0628 St. Joseph County 15.944 acres Airport Authority 8 TABLE 1- Property Aquistion List - cw,'t T pt 25- 1019 -0310 St. Joseph County 25. 1020 -0650.01 Airport Authority 25. 1020 -0650.02 25. 1020 -0650.03 25- 1019 -0320 25- 1019 -0314 25. 1019 -0318.05 25- 1019 -0309 25. 1019 -0634 25- 1019 -0318.04 25- 1020 -0650.04 25.1020 -0648.01 25- 1020 -0650 25- 1019 -0317 25.1019 -0313 25- 1019 -0312 25- 1019 - 0310.01 25- 1019 - 0318.02 U pt. 25- 1019 -0310 St. Joseph County Airport Authority 188.691 acres 26.354 acres mom Property Rehabilitation All properties in the Airport 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. Developers Obligations The land acquired by the City of South Bend Redevelopment Commission 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: 1. 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. DESIGN REVIEW COM UTTEE In order to achieve a high level of design and insure a feeling of continuity throughout the Area, a Design Review Committee 11 ( "Committee ") is hereby established. Nothing herein shall give the Committee authority over any building, zoning or other code requirements of federal, state or local law. Establishment of Committee Terms Rules A Design Review Committee of nine (9) members shall be established. Members shall be the Redevelopment Director, the City Engineer, the Director of the Area Plan Commission of St. Joseph County, the City Building Commissioner, a representative of the St. Joseph County Airport Authority, a representative of the Industrial Foundation, Inc., and three members appointed by the Redevelopment Commission representing business or community interests in the Area. The Redevelopment Director shall serve as chairman of the Committee. Five (5) members of the Committee will constitute a quorum. Members of this Committee shall serve without pay for two year terms. Appointed members shall serve at the pleasure of the Commission. Vacancies occurring through death, resignation or other causes shall be filled for the unexpired term in the same manner as the original appointments. The Committee shall adopt such rules and procedures as are necessary to conduct its business, including the dates and times of meetings and hearings. Powers and Duties The Committee shall function in an advisory capacity to the Redevelopment Commission. It shall review the plans and specifications for all projects located within the Area that involve new construction, exterior renovation or site work. This Review will include design, site planning, open space and other applicable considerations pertaining to compliance with the standards set forth in the Airport Economic Development Area Design Guidelines. In exercising these duties the Committee shall follow the procedures and act within the limitations established in this section. 12 Design Guidelines Permits Review The Redevelopment Commission shall, by Resolution, adopt Design Guidelines for use by developers on all projects within the Area. The Committee will base their approval of plans on how well the proposals have followed these guidelines. The Design Guidelines may be reviewed and revised as necessary by Redevelopment Commission action. No permit shall be issued for construction, reconstruction, alteration, or rehabilitation of any building in the Area until the plans and specifications for the building have been approved by the Committee. All proposals filed with the Committee for review and approval shall be accompanied by architectural plans and/or engineering drawings and specifications for the work involved. Such plans shall be reviewed for it compliance with the standards and objectives of the Plan and Design Guidelines. Upon receipt of the plans the staff of the Department of Community & Economic Development will review them, prepare a staff report, and schedule a meeting of the Committee with the developer, generally within two weeks from receipt of the plans. At this meeting the Committee will review plans and the staff report with the developer and either approve the plans as submitted, ask for additional information, approve the plans as modified, or reject the plans. The developer will be notified in writing of modifications in plans or specifications that are necessary to receive approval. Approval by the Committee does not constitute approval of any federal, state or local building, zoning or other requirements but is solely pertaining to the Design Guidelines over which the Committee has advisory jurisdiction for the Commission. The Committee shall have the right to waive the review process for any project. 13 Amendments to Disapproved Plan Within thirty days after disapproval of a development plan, the developer may file with the Committee an amendment to such plan or an amended plan which shall be limited exclusively to changes made necessary to meet the modifications requested by the Committee. Review procedures for an amended plan shall be the same as for an initial submission. Signs and Awnings All proposals for signs and awnings within the Area shall be reviewed by the Committee and evaluated for compliance with the standards established in the Design Guidelines. STATUTORY AUTHORITY The controls, regulations and land use restrictions contained in this Plan Ce are for the specific purpose of implementing the Airport Economic 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 Airport 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. 14 ~ ► ~ AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN "EXHIBIT A" - Boundary Description A part of Sections 17, 18, 19, 20, 21, 22, 27, 28, 29,30,31, 32 and 33 in Township 38 North, Range 2 East, and Section 4, Township 37 North, Range 2 East all in German Township, St. Joseph County, Indiana, more particularly described as follows: Beginning at the intersection of the East right of way line of Bendix Drive and the Northeast right of way line of Lincolnway West (also known as USR 20); thence Northwesterly along said Northeast right of way line of Lincolnway West to the East right of way line of Butternut Road; thence Northwesterly across Butternut Road on a line parallel with and 140 feet Northerly of the survey line S- USR20 -M (referenced to plans for U.S. 31 Bypass) to the West right of way line of Butternut Road; thence Northwesterly along the Northeast limited access right of way line of USR 20 to a point 150 feet to the right of Station 65 +00, Line S- USR20 -M; thence Southwesterly a distance of 300 feet along a line measured at right angles to said Line S- USR20 -M to a point 150 feet to the left of Station 65 +00 on Line S- USR20 -M; thence Southerly and Southwesterly along the limited access right of way line of the southeast ramp of the U.S. 31 Bypass to a point being 170 feet to the right of Station 35 +00 on Line M at the centerline of the U.S. 31 Bypass; thence Westerly a distance of 320 feet to a point 150 feet to the left of Station 35 +00 on said Line M; thence Northerly and Northwesterly along the limited access right of way line of the Southwest ramp of said U.S. 31 Bypass to a point at Station 34 +00 Line S- USR -20 -M in the limited access right of way line of the Southwest ramp of said U.S. 31 Bypass, which point is 130 feet Sbuthwesterly measured at right angles from said Line S- USR20 -M; thence Northeasterly a distance of ,250 feet measured at right angles to said Line S- USR20 -M to a point at Station 34 +00 on Line S- USR20 -M, and being 120 feet measured at right angles, Northeasterly from said Line; thence Easterly and Northerly along the limited access right of way line of said Northwest ramp of the U.S. 31 Bypass to a point, 79.36 feet South of the north 114 post of said Section 31; thence North along the north -south quarter line of said Section 31, 79.36 feet to the north 114 post of said Section 31; thence North along the north -south quarter line of Section 30 to the north 114 corner of Section 30; thence continuing North along the North -South centerline of Section 19, to the intersection with the Southerly right of way line of the Indiana East -West Toll Road; thence Westerly along the Southerly right of way line of the Indiana East -West Toll Road a distance of 1320 feet more or less to the East right of way line of Olive Road extended, thence North along the East right of way line of Olive Road extended a distance of 2600 feet more or less to the intersection with the Northerly right of way line of Brick Road; thence Easterly and Northerly along the Northerly right of way line of Brick Road and the Westerly right of way line of the U.S. 31 Bypass to the intersection with the East -West centerline of Section 18; thence continuing Easterly along the East -West centerline of said Section 18, to the intersection with the East line of said Section 18, said intersection also being the Northwest corner of the Southwest 114 of Section 17; thence South 89° 31' 43" East (this and the next 10 courses and bearings are based on the East line of the Southwest Quarter of said Section 17, said line having an assumed bearing of North 00° 00' 00" East) along the North line of said Southwest 114 a distance of 1303.80 feet to the Northeast corner of the West 112 of said Southwest 114; thence South 00° 03' 49" West along the east line of the West 112 of said Southwest 114 a distance of 2465.70 feet to a point which is North 00° 03' 49" East a distance of 200.00 feet from the Southeast comer of the West 112 of said Southwest 114; thence North 89° 39' 06" West, parallel with the South line of said Southwest 114 a distance of 400.00 feet; thence South 00° 03' 49" West, parallel with the East line 15 "EXN /BIr A" . coat'd of the West 112 of said Southwest 114, a distance of 200.00 feet to the South line of said Southwest 114; thence North 89° 39' 06" West, along said South line a distance of 375.75 feet; thence North 00° 22' 38" East a distance of 205.00 feet; thence North 890 39' 06" West, parallel with said South line a distance of 138.00 feet; thence South 00° 22' 38" West a distance of 205.00 feet to said South line; thence North 89° 39' 06" West along said South line a distance of 60.00 feet; thence North 000 22' 38" East a distance of 200.00 feet; thence North 89° 39' 06" West, parallel with said South line a distance of 330.00 feet to the West line of said Southwest 114; thence Southerly along said West line to the Southwest corner of said Section 17, also being the Northwest corner of Section 20; thence Southerly along the West line of Section 20, to the South right of way line of Brick Road; thence due East along the South right of way line of Brick Road a distance of 346.64 feet; thence due South a distance of 150.35 feet to a point on the Northerly right of way line of the new Cleveland Road, said point being 170.85 feet South of and 346.64 feet East of the Northwest corner of said Section 20; thence Southeasterly along said Northerly right of way line of the new Cleveland Road to the point of intersection with the East line of the West 112 of the West 112 of the Northwest 114 of said Section 20; thence due North along said East line to the intersection with the South right of way line of Brick Road; thence due East along said South right of way line of Brick Road to a point being due west and 200 feet from the East line of the Northwest 114 of the Northwest 114 of said Section 20; thence due South 220 feet; thence due East 200.00 feet to the East line of the Northwest 114 of the Northwest 114 of said Section 20; thence due North a distance of 220 feet to the South right of way line of Brick Road; thence East along the South right of way line of Brick Road to a point of intersection with the West right of way line of Mayflower Road; thence South along the West right of way line of Mayflower Road to the intersection with the Northerly right of way line of the new Cleveland Road; thence Southeasterly along the Northerly right of way line of the New Cleveland Road to a point, said point being located from the intersection of the West line of the Northwest 114 of Section 21, with the Northerly right of way line of the Indiana East -West Toll Road, said intersection being 337.19 feet northerly of the West 114 corner of said Section 21, and being marked by a brass monument set in concrete, by the following courses: thence Easterly 80.64 feet along said Northerly right of way line along an arc to the right having a radius of 5879.58 feet and subtended by a chord of 80.64 feet bearing South 83° 32' 20" East (this bearing and the next 5 bearings are relative to an assumed bearing of North 90° 00' 00" East for the north line of said Northwest 114), to an iron pipe; thence North 00° 06' 03" East, parallel with and 80.50 feet Easterly of said West line of the Northwest 114, a measured distance of 336.78 feet to a one inch square iron pipe marking the northwest corner of a parcel of land described in Deed Record 819, page 596, in the Office of the Recorder of St. Joseph County, Indiana, said corner being the previously stated point in question; thence continuing North 00° 06' 03" East, a measured distance of 669.74 feet to a one inch square iron pipe at a point which is South 000 06' 03" West a distance of 1281.30 feet from the North line of the Northwest 114 of Section 20; thence South 89 °14' 27" East, along a southerly line of a parcel of land described as Tract "D" in Deed Record 765, page 529, in said Office of the Recorder, a measured distance of 561.72 feet to an iron pipe; thence South 00° 05' 02" West, along a Westerly line of said Tract "D ", a measured distance of 795.17 feet to a one inch square iron pipe marking the northerly right of way line of said New Cleveland Road; thence Southeasterly along the northern right of way line of the new Cleveland Road to the intersection with the North /South Quarter line of said Section 21; thence North 00° 56' 12" West a distance of 98.76 feet along said northlsouth quarter line to the center of Section 21; thence North 00° 56' 57" West a distance of 2010.16 feet along the northlsouth quarter line to the Northwest corner of Outlot 7C, of the recorded plat of Toll Road Industrial Park, Section 7; thence North 88° 53' 36" East, 1327.59 feet to the Northeast corner of Lot 11 of the Toll Road Industrial Park, Section 6; thence South 00° 56' 57" East, 16 of `" "EXHIBIT A" - copYd 366.66 feet to the North line of lot 14, Section 6, of the Toll Road Industrial Park, thence easterly a distance of 1322.97 feet along the north line of Lot 14 and Lot 6 of Toll Road Industrial Park - Phase 11, Section One to the east line of said Lot 6, also being the east line of Section 21; thence along the said East line South 00° 45' 45" East a distance of 1590.77 feet to the East quarter post of said Section; thence South 01° 00' 44" East along the East line of said Section, 585.04 feet; thence North 89° 44' 31" East a distance of 1219.94 feet to the Centerline of Portage Road; thence South 21* 44' 25" East along said centerline a distance of 292.53 feet; thence North 01* 02' 54" West along the East line of the West 112 of the Southwest 114 of said Section 22, to the East -West centerline of said Section 22; thence East along the East -West centerline of said Section 22 to the center of said Section 22; thence South along the North -South centerline of said Section 22 to a point 214.50 feet North of the South 114 corner of said Section 22; thence West, parallel with the South line of said Section 22, a distance of 99.00 feet; thence South, parallel with said North -South centerline of Section 22, a distance of 214.50 feet to the South line of said Section 22; thence East along said South line of Section 22, a distance of 99.00 feet to the South 114 corner of said Section 22 (also being the North 114 corner of Section 27); thence South along the North -South centerline of said Section 27 to the South right of way line of the East -West Indiana Toll Road; thence West and Northwest along the Southerly right of way line of said East -West, Indiana Toll Road to the intersection with the East right of way line of Bendix Drive; thence Southwest and Southerly along the East line of said Bendix Drive to the Point of Beginning. 17