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Home My WebLink About6A (1)(2)Community & Economic Co A 0 1+ C -Z-) �v *x Development ucs 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: Redevelopment Commissioners C From: Matthew Sikora, Economic Development Planner 7 Subject: Confirming Resolution No. 2952 Date: November 8, 2011 Attached to this memorandum is Resolution No. 2952, which is a Confirming Resolution to amend the Development Plan for the South Bend Central Development Area. On September 13, 2011, the Commission approved Resolution No. 2932, a Declaratory Resolution to amend the Development Plan of this Area to allow for the acquisition and expenditure of funds on this parcel. On October 18, 2011, the St. Joseph County Area Plan Commission, the official planning body for the City of South Bend, approved Resolution No. 221 -11, which approved, ratified, and confirmed Resolution No. 2932, determining that it conforms to the plan of development for the City. On October 24, 2011, the South Bend Common Council, the municipal legislative body for the City, approved Resolution No. 4124 -11, which approved, ratified, and confirmed the Area Plan Commission's Resolution No. 221 -11. The final process in amending the Development Plan to allow these acquisitions is the Confirming Resolution before you today. Staff requests Commission approval of this Resolution, which will allow for to potential acquisition and development of this property. What We Do Today Makes A DMi nmee t RESOLUTION NO. 2952 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION CONFIRMING A RESOLUTION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the South Bend Department of Redevelopment, at a meeting held on September 13, 2011, approved and adopted its Resolution No. 2932 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the "Declaratory Resolution "); and WHEREAS, the Declaratory Resolution added one parcel to the Acquisition List for the South Bend Central Development Area (the "Area ") and amended the South Bend Central Development Area Development Plan (the "Plan Amendment "), all within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, which has been codified in Indiana Code 36 -7 -14 et. seq. (the "Act "); and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission "), which is the duly designated and acting planning body for the City of South Bend, Indiana (the "City "), on October 18, 2011, adopted a resolution, which is its written order approving the Declaratory Resolution and the Plan Amendment; and WHEREAS, the Plan Commission, by said written order, has certified that the Declaratory Resolution and the Plan Amendment conform to the general plan of development for the City; and WHEREAS, the Common Council of the City (the "Common Council ") on October 24, 2011, adopted a Resolution approving the written order of the Plan Commission; and WHEREAS, the Commission caused to be published a Notice of Public Hearing concerning the Plan Amendment on October 28, 2011, in the South Bend Tribune and the Tri- County News, respectively, and made all required filings with governmental agencies and officers pursuant to and in accordance with Section 17(b) and /or (c) of the Act; and WHEREAS, at a hearing held by the Commission on November 8, 2011, at 4:00 p.m., local time, on the 13th Floor of the County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, the Commission heard all the persons interested in the proceedings and received any written remonstrances and objections that had been filed and, considered those remonstrances and objections, if any, and such other evidence presented; and WHEREAS, the Commission now desires to confirm the Declaratory Resolution and adopt and confirm the Plan Amendment. NOW, THEREFORE, BE IT RESOLVED, by the South Bend Redevelopment Commission as follows: 1. After considering the evidence presented at the public hearing on November 8, 2011, the Commission hereby confirms the Declaratory Resolution and finds that the proposed amendment to the Development Plan and to Resolution No. 737, as amended, is reasonable and appropriate when considered in relation to the Development Plan and to Resolution No. 737, as amended, respectively, and the purposes of the Act. 2. The Commission finds that the Development Plan, as amended, and Resolution No. 737, as amended and as hereby further amended, conforms to the comprehensive plan of the City. 3. The Commission further finds that to accomplish development of the Area it is necessary to acquire additional land within the Area as shown on the Property Acquisition List included in the Development Plan. 4. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 5. The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; C) improved diversity of the economic base; and d) other similar public benefits. 6. It is estimated that the cost of acquiring the property being added to the Property Acquisition List is Seven Hundred and Fifty Thousand Dollars ($750,000.00). 7. The proposed amendment to the Development Plan is in all respects approved. 8. This Resolution constitutes final action pursuant to Indiana Code 36- 7- 14 -17(d) by the Commission determining the public utility and benefit of the proposed project and confirming the Declaratory Resolution. 9. The Secretary is directed to record this Resolution pursuant to the requirements of Indiana Code 36- 7- 14- 17(d). 10. The Secretary is directed to file a certified copy of said Development Plan, as amended, with the minutes of this meeting. 11. The Secretary is hereby further directed to record this Resolution with the office of the St. Joseph County Recorder. 12. All other findings, determinations and conclusions in Resolution No. 737, as amended, shall remain as stated therein. 13. All prior orders or resolutions inconsistent with this Resolution are hereby rescinded, revoked and repealed to the extent such orders or resolutions are inconsistent with this Resolution. 14. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights act of 1964, as amended. 15. This Resolution shall be in full force and effect after its adoption by the Commission. Adopted at a meeting of the South Bend Redevelopment Commission held on November 8, 2011, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed ame and Title South Bend Redevelopment Commission ATTEST: Printed Name and Title South Bend Redevelopment Commission (Signature Page to Resolution No. 2952) EXHIBIT A RESOLUTION NO. 2952 AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN ADDITION TO THE ACQUISITION LIST Tax Key No. Address Owner 18 -5001- 000201 Ralph Jones Drive 318 East Colfax (Former Wharf Partners LP 18 -5001- 000202 Restaurant site) Ralph Jones Drive Partners II LP