HomeMy WebLinkAboutNo. 1222 modifying/confirming Res. No. 1207, designating SEDA, declaring SEDA to be blighted, approving a development plan & conditions under which relocation payments will be made, & establishing an allocation area for purposes for TIFAs Amended by Motion and
! Approval of the South Bend 14
Y� Redevelopment Commission 9408402
RESOLUTION NO. 1222:
A RESOLUTION OF THE SOUTH,BEND REDEVELOPMENT COMMISSION
MODIFYING AND CONFIRMING RESOLUTION NO. 1207,
DESIGNATING THE SAMPLE -EWING DEVELOPMENT AREA,
DECLARING THE SAMPLE -EWING 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, the City of South Bend, Indiana, Redevelopment
Commission (Commission) at its regular meeting December 17, 1993,
approved and adopted Resolution No. 1207, designating the area
described below as the Sample -Ewing Development Area (Area),
declaring the Sample -Ewing Development Area to be blighted.,
approving the Sample -Ewing Development Plan (Development Plan)
and reconfirming, readopting and ratifying the Department of
Redevelopment Relocation Policy and the Department of
Redevelopment Policy of Management of Acquired Property
(Relocation Policies), which specify conditions under which
relocation payments will be made, and establishing an allocation
area for purposes of tax incremental financing:
SAMPLE -EWING DEVELOPMENT AREA
SAMPLE -EWING ALLOCATION AREA (SOUTH BEND ALLOCQATION AREA NO. 8)
That part of Sections 10, 11, 12, 13, 14, 15, 16, 21, 22, 23
and 24 in Township 37 North, Range 2 East, and Section 18 in
Township 37 North, Range 3 East all in St. Joseph County,
Indiana which is described as: Beginning at the intersection
of the Centerline line of Michigan Street (99.00 ft. wide)
and the South Right of Way line of Sample Street extended
West,; thence North along said Centerline of Michigan Street
to its intersection with the Northerly Right of Way line of
the Conrail Railway (formerly Penn Central Railroad) extended
East; thence Westerly and Northwesterly along said Northerly
Right of Way line to the Southeast Corner of Lot 1 in the
unrecorded plat of "GUILDFOYLE'S ADDITION" and the West Right
of Way line of Arnold Street; thence South along the West
Right of Way line of Arnold Street to the North Right of Way
of Sample Street, said point being the Southeast Corner of
Lot # 48 in the recorded plat of "ARNOLD & WEBSTER'S
SUB - DIVISION OF BANK OUTLOT #103" as recorded in the records
of said county; thence West along the North Right of Way line
of Sample Street to the intersection of the Northwesterly
Right of Way line of the New Jersey, Indiana and Illinois
Railroad; thence Southwesterly along said Northwesterly Right
of Way line to a point which is 300 ft. more or less South of
the North Right of Way line of Meadow Lane extended East,
said line being the North line of Meadow Lane as recorded in
the plat of "BELLEVILLE GARDENS 2ND UNIT "; thence West on a
line which is parallel to and 300 ft. more or less South of
said extended North Right of Way line of Meadow Lane to a
point which is 100 ft. more or less, South, from the South
terminus point of Sheridan Avenue; thence North 100 ft. more
or less to said South terminus point; thence West, 535 ft.
more or less to a point which is 30 ft. more or less, South,
from the Southeast corner of the recorded plat of "BELLEVILLE
GARDENS 2ND UNIT" as recorded in the records of said County;
thence North 30 ft. more or less to said Southeast Corner;
thence West, 1985 ft. more or less along the South line of
said "BELLEVILLE GARDENS 2ND UNIT" to the West line of said
Section 16; thence South along the West line of said Section
to the West quarter Post of said Section 16; thence East
along the East and West quarter line of said Section to the
Northeast Corner of the Northwest quarter of the Southwest
quarter of said Section; thence South along the East line of
the Northwest quarter of the Southwest quarter of said
Section to the Southeast Corner of the Northwest quarter of
the Southwest quarter of said Section; thence East along the
North line of the South half of the Southwest quarter of said
Section to the Northeast Corner of the South half of the
Southwest quarter of said Section; thence South along the
North and South quarter line of said Section to the quarter
corner common to said Sections 16 and 21; thence East along
the South line of said Section 16 to the West Right of Way
line of New Energy Drive; thence South along said Right of
Way line to a point 200 ft. South of the north line of said
Section 21; thence East parallel with and 200 ft. South of
the North line of said Section 21 and 22 to a Point 200.00
ft. South of the Northeast Corner of the West half of the
Northwest quarter of said Section 22; thence South along the
East line of the West half of the Northwest quarter of said
Section 22 to the North Right of Way Line of Prairie Avenue
S.R. # 23); thence Northeasterly along said Right of Way line
to the East Right of Way line of Olive Street; thence South
to the Northwest Corner of Lot 1 in the recorded plat of
"BOOCHER MINOR SUBDIVISION" as recorded in the records of
said County; thence Northeasterly along the Southerly Right
of Way line of Prairie Ave. (S.R. # 23) to the intersection
of the South Right of Way line of Ewing Ave.; thence East
along the South Right of Way of Ewing Ave. to the
intersection of the East Right of Way line of Morris Street
extended South; thence North along the East Right of Way of
Morris-Street-and its extension South to the. South Right of
Way of Donald Street; thence East along the South Right of
Way of Donald-Street to the Northwest Corner of Lot # 52 in
the recorded plat-of "PRAIRI.E AVENUE LAND CO'S 1st ADDITION"
as recorded in the records of said County; thence.North along
the East line of a 14 ft. wide Public Alley and its extension
South to the. Northwest Corner of Lot #66 in said Plat; thence
East along the South line of Calvert Street (60.00 ft. wide)
extended to the East Right of Way line of Webster Street;
thence North along the East Right of Way line of Webster
Street to the South Right of Way line of Bruce Street (60.00
ft. wide); thence East along the South Right of Way of Bruce
Street to the West Right of Way of Kemble Street; thence.
South along the West Right of Way of Kemble Street to the
-.
South line of the first Public Alley lying South of Calvert
Street extended.West to the West line of Kemble Street;
thence East along the South line of said Public Alley (12 ft.
wide) and its extension to the West, to the West Right of Way
line of Chapin Street; thence South along said line. to the
South Right of Way-line of Sherrill Street extended West to
the West line of Chapin Street; thence East along the South
Right of Way line of Sherrill Street and its Westerly
extension to the Northeast Corner of Lot #53 in the recorded
plat of "SHIVELY'S ADDITION" as recorded in the records of
said County, said point being on the West line of Kendall
Street; thence South along the West line of Kendall Street to
the Northeast Corner of Lot # 45 in said "SHIVELY'S
ADDITION "; thence East along the South Right of Way of Donald
Street (50.00 ft. wide) to the Northeast Corner of Lot #254
in said "SHIVELY'S ADDITION "; thence South along the West
Right of Way line of William Street and.its extension to the
South to the South Right of Way line of Ewing Ave.; thence
East along the South Right of Way line of Ewing Ave. to the
Northwest Corner of Lot #1 in the recorded plat of "WEIDLER'S
FIRST ADDITION" as recorded in the records of said County;
thence North along the East line of a 14 ft. wide Public
Alley and its extension South to the Southwest. Corner of Lot
# 6 in the recorded plat of "OAK PARK FOURTH ADDITION" as
recorded in the records of said County; thence West along the
North line of a 14 ft. wide Public Alley to the Southwest
corner of Lot #103 in said addition; thence North along the
West line of said Lot to the Northwest Corner thereof; thence
East along. the North line of said Lot.(South line of Donald
WHEREAS, the Commission submitted its Resolution No. 1207 and
the Development Plan to the Area Plan Commission of St. Joseph
County for approval pursuant to the provisions of Indiana. Code
36- 7- 14 -16; and
WHEREAS, the Area Plan Commission of St. Joseph County at its
z regular meeting December 21, 1993, approved its Resolution No.
118, which Resolution constituted the written order of the Area
Plan Commission of St. Joseph County approving Resolution No.
1207 and the Development Plan pursuant to IC 36- 7- 14 -16; and
WHEREAS, the Commission submitted to
Council, legislative body for the City
County, Indiana, Resolution No. 118 of
of St. Joseph County, constituting the
written order approving Resolution No.
Plan and its certification that the De�
the master plan of development for the
the South Bend Common
of South Bend, St. Joseph
the. Area Plan Commission.
Area Plan Commission's
1207 . and the Development
velopm nt Plan conforms to
City of South Bend; and
WHEREAS, the South Bend Common Council, at its regular meeting,
January 10, 1994, adopted its Resolution No. 2089 -94 approving
the order of the Area Plan Commission of St. Joseph County with
regard to the Sample -Ewing Development Area; and
WHEREAS, after receipt of the written order of approval of the
Area Plan Commission of St. Joseph County', Indiana, and approval
of the South Bend Common Council, the Commission caused to be
published.noti.ce of the adoption and substance of Resolution No.
1207, in accordance with IC 5 -3 -1, with such notice also stating
that maps and plats and complete legal descriptions of the
properties proposed-to be acquired have been prepared and can be
inspected at the office of the Redevelopment Department, 1200
Street) to the Northwest Corner of Lot #4 in said addition;
thence North along the East Right of Way line of a 14 ft.
l
wide Public Alley and its Southerly extension to the North
line of Calvert Street (60 ft. wide); thence East along the
North line of Calvert Street to the Southwest Corner of Lot. #
94 in the recorded plat of "SOUTH EAST ADDITION" as recorded
in the records of said County; thence North along the West
a
line of Lots 94, 93, 46, 45 and said West line of Lot 45
extended North in.said addition to the North Right of Way
line of Milton Street (50.00 ft. wide); thence West to the
Southwest Corner of Lot #44 in said "SOUTH EAST ADDITION ";
thence North along the East line of a 14 ft. wide Public
Alley and its extension North to the North line of Dayton
Street (60.00 ft. wide); thence West along the North line of
said Dayton Street to the Southwest Corner of Lot # 76 in the
recorded plat of "OAK PARR 2nd ADDITION" as recorded in the
records of said County; thence North along the East Right of
Way line of Dale. Ave. (50.00 ft. wide) to the Northwest
Corner of Lot # 70 in said "OAR PARK 2nd ADDITION"; thence
East along the South Right of Way line of Dubail Avenue to
the Northwest Corner of Lot #57 in said "OAK PARR 2nd
ADDITION "; thence North to the Southwest Corner of Lot #8 in
the recorded plat of "OAK PARR ADDITION" as recorded in the
records of said County; thence North along the East line of a
14 ft. wide Public Alley to the Northwest Corner of Lot #35
in the recorded plat of "WENGER & KRIEGHBAUM'S 2ND ADDITION"
as recorded in the records of said County; thence East along
the North line of said Lot extended East to the East Right of
Way Line of Miami Street; thence North along the East Right
of Way line of said Miami Street and extending said line
North to the Southerly shore of the St. Joseph River; thence
Northwesterly along the shore of said St. Joseph.River to a
point on the Southerly Right of Way line of Sample Street
(Old Eddy Street) said.point also being the Northeasterly
corner of a parcel of ground with a tax identification number
of 18- 7017 -0719 as shown on the St. Joseph County, Indiana.
Auditor's records on March 19, 1993; thence Southwesterly and
Westerly along the Southerly Right of Way line of Sample
Street to the Point of Beginning, and;
WHEREAS, the Commission submitted its Resolution No. 1207 and
the Development Plan to the Area Plan Commission of St. Joseph
County for approval pursuant to the provisions of Indiana. Code
36- 7- 14 -16; and
WHEREAS, the Area Plan Commission of St. Joseph County at its
z regular meeting December 21, 1993, approved its Resolution No.
118, which Resolution constituted the written order of the Area
Plan Commission of St. Joseph County approving Resolution No.
1207 and the Development Plan pursuant to IC 36- 7- 14 -16; and
WHEREAS, the Commission submitted to
Council, legislative body for the City
County, Indiana, Resolution No. 118 of
of St. Joseph County, constituting the
written order approving Resolution No.
Plan and its certification that the De�
the master plan of development for the
the South Bend Common
of South Bend, St. Joseph
the. Area Plan Commission.
Area Plan Commission's
1207 . and the Development
velopm nt Plan conforms to
City of South Bend; and
WHEREAS, the South Bend Common Council, at its regular meeting,
January 10, 1994, adopted its Resolution No. 2089 -94 approving
the order of the Area Plan Commission of St. Joseph County with
regard to the Sample -Ewing Development Area; and
WHEREAS, after receipt of the written order of approval of the
Area Plan Commission of St. Joseph County', Indiana, and approval
of the South Bend Common Council, the Commission caused to be
published.noti.ce of the adoption and substance of Resolution No.
1207, in accordance with IC 5 -3 -1, with such notice also stating
that maps and plats and complete legal descriptions of the
properties proposed-to be acquired have been prepared and can be
inspected at the office of the Redevelopment Department, 1200
County -City Building, South Bend, Indiana, and naming February 4,
1994, at 10:00 a.m., at 1308 County -City Building, South Bend,
Indiana, as the date, time, and place of the Commission's receipt
and hearing of 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 Sample -Ewing Development Area;
and
WHEREAS, the Commission caused to be filed a copy of the notice
of the hearing on the proposed project for the Sample -Ewing
Development Area in the. office of the Area Plan. Ccumtissi,on of St.
Joseph County, Indiana, the Board of Zoning Appeals, the Board of
Public Works, the South.Bend Board of Park Commissioners, and the
South Bend Building Commissioner, as-well as any other
departments, bodies, or officers of the City of South Bend having
to do with unit planning, variances from zoning ordinances, land
use, or the issuance of building permits.; and
WHEREAS, the Department of Redevelopment, having studied the
same with respect to each taxing unit that is wholly or partly
within the Sample -Ewing Allocation Area (South Bend Allocation
Area No. 8), described above, has prepared and.mailed to each
such taxing unit a copy of the notices. described above, and a
statement disclosing the impact of the Sample -Ewing Allocation
Area (South Bend Allocation Area No. 8), including: (A) The
estimated economic benefits and costs incurred by the allocation
area, as measured by increased employment and anticipated growth
of real property assessed values, and (B) the anticipated impact
on tax revenues of each such taxing unit; and
WHEREAS, at the hearing held by the Commission February 4,
1994, at 10:00 a.m., at 1308 County -City Building, South Bend,
Indiana, the Commission heard all persons interested in the
proceedings and received written remonstrances_ and
objections that had been filed, and considered those
remonstrances and objections, if any; and
WHEREAS, the Commission is cognizant.of the conditions that are
imposed under Title VI of the Civil Rights Act of 1964, as
amended, providing that no person shall, on the grounds of race,
age, sex, color, religion, or national origin:, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination in. the undertaking and carrying out of any
federally- assisted project.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION, as follows:
1. After considering the evidence presented at its hearing
February 4, 1994, the Commission confirms the blight found and
declared by it in its Resolution No. 1207, within the
Sample -Ewing Development Area, and adopts and confirms. the
Findings of Fact for that Area, Exhibit A, attached to this
resolution and made a part hereof.
2. The Commission finds and determines that the Development
Plan for the Sample -Ewing Development Area has as its purpose,
and is structured to achieve, the elimination of blight, as
evidenced.by the Findings of Fact, in the Sample -Ewing
Development Area.
3. The Commission finds and determines that the properties
proposed-to be acquired.in the Sample- Ewing'Development Area are
needed for and will be useful in the implementation of the
Development Plan and the elimination of blight in the Sample -
Ewing Development Area.
4. The Commission finds and determines that it will be of
public utility and benefit to proceed with the Development Plan
for the Sample -Ewing Development Area, set forth in Resolution
No. 1207, adopted by the Commission on December 17, 1993, and
that the public health and welfare will be benefitted by the
acquisition and redevelopment of the Sample -Ewing Development
Area, as contemplated by the Development Plan for the Sample -
Ewing Development Area.
5. Resolution No. 1207 and the Sample -Ewing Development Plan
are hereby modified to remove the following properties from the
list of properties to be acquixed within the.Sample- Ewing
Development Area, found at Exhibit B to the Sample -Ewing
Development Plan: Key No. 18- 7001 -0025 and Key No. 18- 7002 -0094,
owned by Frank T. and_ Justine. H. Pollack, and_ with said.
modification Resolution No. 1207 and the Sample -Ewing Development
Plan are hereby confirmed.
6. This Resolution_ constitutes final action, pursuant.to IC
36- 7- 14- 17(c), by the Commission determining the public utility
and benefit of the proposed project and confirming Resolution No.
1207, pertaining to the Sample -Ewing Development Area-
7. The Secretary is directed to record this resolution
pursuant to the requirements of IC 36- 7- 14- 17(c).
Adopted at a regular meeting of the South Bend Redevelopment
Commission held on February 4, 1994, at 1308 County -City
Building, 227 West Jefferson Boulevard, South Bend., IN 46601.
.7
Paula N. Auburn, President
ATTEST:
Theo F. Sharp, Sec tary
''1✓ SAMPEW . RD2
a
p.
9413642
EXMIT A TO
RESOLUTION NO. 1222
SAMPLE -EWING DEVELOPMENT AREA
FINDING OF FACTS
FEBRUARY 4, 1994
The South Bend Redevelopment Commission has conducted a study of the Sample -Ewing
Development Area (Area) and has found that the Area is blighted to an extent that cannot be
corrected by regulatory processes or by the ordinary operations of private enterprise without
resort to the Indiana Redevelopment Law, IC 36- 7 -14 -1, et. seq., and that the public health
and welfare would be benefitted by the acquisition and redevelopment of the Area. Blight is
found in the Area based on the following facts: � %16) d
!f ��
A. In the portion of the Area previously desig nated as the Rum Village Industrial Park:
1. The portion of the Area previously designated as the Rum Village Industrial
Park (Original) described at H. A. of the second Whereas clause of Resolution
No. 1207 is blighted due to the continued existence of unstable soil conditions.
The high cost of removing and replacing the unstable soil has been a deterrent
to private business operations that can not be overcome by the normal
development process.
2. The portion of the Area designated as the Rum Village Industrial Park
(Expansion Area), described at H. B. of the second Whereas clause of
Resolution No. 1207 is blighted due to lack of development, cessation of
growth, and obsolescence of industrial facilities. Currently, this portion of the
Area contains a 360,000 square foot manufacturing building that is not used for
manufacturing and is only used for storage. Numerous railroad rights of way
through the area create problems for future development because of difficult
access to buildings and poor internal road circulation. Deterrents to
development also include the unstable soils found in the Expansion Area.
B. In the Portion of the Area previously designated as the Studebaker Corridor
Development Area, described at I.C., of the second Whereas clause of Resolution No.
1207:
1. Currently, 44.0% of the total building floor area in the Studebaker Corridor
Plant Complex is vacant. Of the remaining 56.0% of floor area that is
occupied, the majority is underutilized as storage and warehousing. Although
the percentage of total building floor area that is vacant is less than the 48.6 %
found vacant in 1986, its significance is not reduced since large vacant
structures such as the Transwestern and Avanti Buildings have been demolished
by the Redevelopment Commission since that time.
2. Since 1986 when the Studebaker Corridor Development Area was found to be
blighted and declared a redevelopment area, over 40 structures have been
demolished by the Redevelopment Commission. These demolitions have
included such large buildings as the Transwestern and Avanti Buildings.
Significant costs were incurred in remediating environmental problems prior to
demolition of these structures. These costs would have been prohibitive to
most private sector redevelopment efforts. It is anticipated that additional
environmental remediation activities and the associated costs will deter private
redevelopment of this Area.
3. Over one - quarter (25.5 %) of the 220 acres of land in the Studebaker Corridor
Redevelopment Area is vacant. In Sub -Areas A, B, and C adjacent to the main
plant complex (as designated in the Plan for the Studebaker Corridor
Development Area), 37.1 % of the land is currently vacant.
4. As part of the ongoing efforts of redevelopment in the Studebaker Corridor
Development Area, over 26 acres of land is available for new development. In
� 3
preparing these sites for disposition, significant investment has been made by
the Commission in this area through acquisition costs, relocation payments,
environmental remediation activities, and demolition. Presently, five sites have
been sold. Capital improvements such as sidewalks, curbs and streetlights are
needed in the area in order to improve circulation and upgrade existing
inadequate infrastructure. Due to the cost, the provision of such public
improvements will not occur solely through the ordinary operations of private
enterprise.
C. In the portion of the Area designated as Expansion Area No. 1, and described at the
fourth Whereas clause of Resolution No. 1207:
In the period 1980 -1990 the United States Bureau of Census data shows that
Expansion Area No. 1 (including Census tracts 28, 29, 30, and most of 34),
lost more than 292 housing units, or 7.1 % of the 1980 total.
2. Notwithstanding the scale of the loss of housing units between 1980 and 1990,
residential vacancies increased from 275 to 384, an increase of more than 39 %
in the census tracts comprising Expansion Area No. 1.
3. In the period 1980 -1990, the population in the census tracts comprising
Expansion Area No. 1 declined 11 %, or more than one thousand persons. In
1980 the population was over 10,400; by 1990 the population had declined to
under 9,300.
4. In 1980 the median value of owner occupied housing units within Expansion
Area No. 1 was $16,500, or only 63.4% of the City -wide median of $26,000.
In 1990 the City median value increased to $40,000, while the median value in
Expansion Area No. 1 only increased to $26,000.
5. In 1991 a survey of the exterior condition of all housing in the City of South
Bend was conducted. The survey classified housing on a four segment scale
which ranged from "sound" (no apparent deficiencies or needing only minor
repairs) to "substandard" (deteriorating or dilapidated). For the city as a
whole, only about 1.5 % of all units were classified as substandard. In the
census tracts comprising Expansion Area No. 1, however, 4.6% of the housing
units were considered substandard, more than three times greater than the city-
wide percentage. With only 8.3 % of the City's housing supply, the census
tracts comprising Expansion Area No. 1 contain about one -third of the City's
substandard structures.
6. Unstable soil conditions found in some portions of the Expansion Area No. 1
are a deterrent to private business development.
D. In the entire Area:
1. Of the approximately 2,400 acres included in the Area, 592.8 acres, or 24.7%
of the total land area is vacant.
2. Collectively, the Area shares several negative physical factors that hinder
private redevelopment. These factors include: unsuitable soil for development
in the Rum Village Industrial Park and portions of Expansion Area No. 1;
obsolete industrial facilities in the Studebaker Corridor and Expansion Area
No. 1; poor internal circulation in portions of Rum Village, Studebaker
Corridor, and Expansion Area No. 1; potential environmental contamination in
the Studebaker Corridor and portions of Expansion Area No. 1.
3. The majority of the area is within South Bend's Urban Enterprise Zone. A
requirement of distressed conditions must be met for designation as an Urban
Enterprise Zone.
4. In addition to the fact that almost 25 % of the 2,400 acres of land within the
entire Area is vacant, the findings within Paragraphs A through D inclusive,
above, are all incorporated by reference as to blight within the entire Area,
inasmuch as the Commission finds that blighting influences from one part of
the Area have a substantial negative impact on other parts of the Area and that
blight within any part of the Area is interrelated to a substantial degree with
the remainder of the Area.
ATTEST:
Theo F. Sh , Secre
ML:reso1ut /fof1222
SOUTH BEND REDEVELOPMENT COMMISSION
Paula N. Auburn, President