HomeMy WebLinkAboutNo. 0965 amending resolution No. 919 to expand the AEDA and amend the economic development plan for the AEDAE
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RESOLUTION NO. 96J? 1 ) 68 Ni
RESOLUTION OF THE SOUTH BEND RE6tV�_LOPMENT
COMMISSION AMENDING RESOLUTIOlf 1
EXPAND THE AIRPORT ECONOMIC DEVELO MENT 21 A
AMEND THE ECONOMIC DEVELOPMENT PLAN FOR THI
AIRPORT ECONOMIC DEVELOPMENT AREA
WHEREAS, the South Bend Redevelopment Commission (the
"Commission ") , governing body of the City of South Bend Department
of Redevelopment (the "Department ") and the Redevelopment District
of the City of South Bend, Indiana (the "Redevelopment District "),
exists and operates under the provisions of the Redevelopment of
Cities and Towns Act of 1953 which has been codified in IC 36 -7-
14, as amended from time to time (the "Act "); and
WHEREAS, the Commission, on February 23, 1990, adopted
Resolution No. 919 declaring the Original Area (as defined below),
designated in Resolution No. 919 as the Airport Economic
Development Area, to be an economic development area (the "Original
Economic Development Area ") within the meaning of the Act; and
WHEREAS, the Commission confirmed Resolution No. 919 by
adopting Resolution No. 938 on June 27, 1990; and
WHEREAS, the Commission wishes to expand the Original Economic
Development Area to include Expansion Area No. 1 and Expansion Area
No. 2 (as defined below); and
WHEREAS, the Commission adopted an economic development plan
in Resolution No. 919 (the "Original Economic Development Plan "),
and the Commission wishes to amend such plan by setting out the
boundaries of the Area (as defined below), adding parcels of
property to the Property Acquisition List and establishing a Design
Review Committee (the Original Economic Development Plan as so
amended is referred to herein as the "Plan "); and
WHEREAS, the Department, pursuant to the Act, has conducted
surveys and investigations and has thoroughly studied the area
within the City of South Bend (the "City ") more particularly
described as follows (referred to collectively herein as the
"Area ") (a description of the entire Area, consisting of the
Original Area and Expansion Area No. 1 and Expansion Area No. 2,
is set forth herein in Schedule III):
Part I (herein referred to as the "Original Area ")
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:
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Northeasterly along a line parallel to and 20 feet Westerly
of the following described line, to wit: Beginning at a point
in the centerline of Butternut Road marked by an iron; thence
North 01° 23' 50" East a distance of 123.15 feet to an iron;
thence North 310 09' 50" East a distance of 473.36 feet to an
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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 to 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 left 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 SUSR20 -M to a point 150 feet to the
right 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- USR20 -M in the
limited access right of way line of the Southwest ramp of said
U.S. 31 Bypass, which point is 130 feet 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 US.
31 Bypass to a point; thence Easterly at right angles to Line
M, which line is the centerline of the U.S. 31 Bypass a
distance of 420 feet more or less to a point 603.50 feet, more
or less, South of the North line of the South 1/2 of the
Southeast 1/4 of Section 30, which point is 210 feet to the
right of a PCC at Station 22 +10 of the survey line of said
Northeast ramp; thence South 19- 08' 51" East (Assumed
Bearing) a distance of 1654.59 feet along the limited access
right of way line of the Northeast ramp of the U.S. 31 Bypass
to a point in the Northeasterly right of way line of the U.S.
31 Bypass, Lincolnway West -US 20 intersection; thence North
88° 46' 30" East a distance of 1132.51 feet to a point in the
West line of Section 32, which point is 829.90 feet South of
the Northwest corner of said Section 32; thence continuing
North 88° 46' 30" East a distance of 1595.58 feet to a point
in the Westerly right of way line of Butternut Road; thence
Northeasterly along a line parallel to and 20 feet Westerly
of the following described line, to wit: Beginning at a point
in the centerline of Butternut Road marked by an iron; thence
North 01° 23' 50" East a distance of 123.15 feet to an iron;
thence North 310 09' 50" East a distance of 473.36 feet to an
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+ iron set in concrete; thence North 05° 24' 06" East a distance
of 251.90 feet to an iron; thence North 29 feet to a point in
the centerline of Butternut Road, all being a line along the
Westerly right of way line of Butternut Road, to the
intersection with Northerly right of way line of Douglas Road;
thence, due East along the Northerly right of way line of
Douglas Road to a point 20 feet North of the South line, of
Section 29, which point is on the Northerly right of way line
of Douglas Road; thence due North along a line parallel to and
89.71 feet East of the North -South centerline of said Section
29; thence due west a distance of 89.71 feet to a point
1804.88 feet North of the South line of Section 29; thence due
North along the North -South centerline of said Section 29 to
the point of intersection with the North line of said Section
29; thence due west along the North line of said Section 29
to the East line of the West 1/2 of the West 1/2 of the
Northwest 1/4 of said Section 29; thence due South along said
East line of the West 1/2 of the West 1/2 of the Northwest 1/4
of said Section 29 to the East -West centerline of said Section
29; thence due West along the East -West centerline of said
Section 29 to the West line of said Section 29; thence
continuing due West along the East -West centerline of Section
30, to the intersection with the North -South centerline of
said Section 30; thence due North along the North -South
centerline of said Section 30 to the North line of said
Section 30; thence continuing North along the North -South
1rr► 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 to the intersection with the East
line of said Section 18, said intersection thence due East
along the East -West centerline of said Section 18, also being
the Northwest corner of the Southwest 1/4 of Section 17;
thence South 89. 31' 43" East (this and the next 12 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 1/4 a distance of 1303.80 feet to the Northeast
corner of the West 1/2 of said Southwest 1/4; thence South 00-
`+ 03' 49" West along the east line of the West 1/2 of said
Southwest 1/4 a distance 2465.70 feet to a point which is
North 00. 03' 49" East a distance of 200.00 feet from the
Southeast corner of the West 1/2 of said Southwest 1/4; thence
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North 89. 39' 06" West, parallel with the South line of said
Southwest 1/4, a distance of 400.00 feet; thence South 00-
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 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 89-
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
00. 22' 38" East a distance of 200.00 feet; thence North 89-
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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 Southeast corner of said Section
18; 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 at 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 South easterly
1
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
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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 South easterly 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 83. 32' 20" East (this bearing and
the next 5 bearings are relative to an assumed bearing of
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Im
North 90. 00' 00" East for the north
1/4), to an iron pipe; thence North 00-
with and 80.50 feet Easterly of s<
Northwest 1/4, a measured distance of
inch square iron pipe marking the north
of land described in Deed Record 819,
of the Recorder of St. Joseph County
being the previously stated point
continuing North 00. 06' 03" East, z
669.74 feet to a one inch square iron
is South 00- 06' 03" West a distance of
North line of the Northwest 1/4; the
East, along a southerly line of a pare
Tract "D" in Deed Record 765, page 529
Recorder, a measured distance of 561.7
thence South 00. 05' 02" West, along z
Tract "D ", a measured distance of 795
square iron nine marking the northerl
line of said Northwest
06' 03" East, parallel
Ad West line of the
336.78 feet to a one
west corner of a parcel
)age 596, in the Office
Indiana, said corner
in question; thence
measured distance of
pipe at a point which
1281.30 feet from said
nce South 89. 14' 27"
�l of land described as
in said Office of the
! feet to an iron pipe;
Westerly line of said
,17 feet to a one inch
right of wav line of
said New Cleveland Road; thence Southeasterly along the
Northerly right of way line at the new Cleveland Road to the
intersection with the West line of the East 1/2 of the
Southwest 1/4 of Section 22; thence North along said West line
to the Northwest corner of the East 1/2 of the Southwest 1/4
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 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 Southerly 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 Maple Road; thence Southwest and Southerly
along the East line of said Maple Road maple Road and Bendix
Drive to the Point of Beginning.
Part II (herein referred to as "Expansion Area No. 111)
As set forth in Schedule I
Part III (herein referred to as "Expansion Area No. 211)
As set forth in Schedule II
WHEREAS, upon such surveys, investigations and studies being
made, the Commission finds that the Plan for the Area, which Plan
is attached hereto and is hereinafter adopted in this Resolution,
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cannot be achieved by regulatory processes or by the ordinary
operations of private enterprise without resort to the powers
allowed under the Act because of lack of local public improvements
and multiple ownership of land and that the public health and
y welfare will be benefited by the accomplishment of the Plan for the
�•+ Area; and
WHEREAS, the Commission has caused to be prepared maps and
plats of the Area, said maps and plats of the Area showing the
boundaries of the Area, the location of the various parcels of
property, streets and alleys, and other features affecting the
acquisition, clearance, replatting, replanning, rezoning, or
redevelopment of the Area, indicating the parcels of property to
be excluded from acquisition and the parts of the Area acquired,
if any, that are to be devoted to public ways, levees, sewerage,
parks, playgrounds, and other public purposes under the Plan; and
WHEREAS, the public health and welfare will be benefited by
the acquisition and redevelopment of the Area under the provisions
of the Act and the accomplishment of the Plan for the Area will be
of public utility and benefit as measured by the attraction or
retention of permanent jobs, an increase in the property tax base
and improved diversity of the economic base; and
WHEREAS, the Commission has caused to be prepared a list of
the owners of the various parcels of property proposed to be
acquired, if any (the "Property Acquisition List ") and an estimate
of the cost of acquisition and redevelopment of such property; and
WHEREAS, the Property Acquisition List is a part of the Plan
adopted herein, and the Commission presently intends to acquire
only such property as is included in the Property Acquisition List;
and
WHEREAS, in determining the location and extent of the Area,
the Commission has given consideration to transitional and
permanent provisions for adequate housing for the residents of the
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WHEREAS, there was presented to this meeting of the Commission
for its consideration and approval, a copy of the Plan for the
Area, which Plan consists of the Original Economic Development
Plan, amended as set forth above, consisting of twenty -five (25)
pages, and is attached hereto as Exhibit "A"; and
WHEREAS, the Plan for the Area promotes significant
opportunities for the gainful employment of the citizens of the
City, attracts major new business enterprises to the City, retains
or expands significant business enterprises existing in the
boundaries of the City and meets the other purposes of Section 2.5,
41 and 43 of the Act; and
WHEREAS, the public health and welfare will be benefited by
the acquisition and redevelopment of the Area under the provisions
of the Act and the accomplishment of the Plan for the Area will be
of public utility and benefit as measured by the attraction or
retention of permanent jobs, an increase in the property tax base
and improved diversity of the economic base; and
WHEREAS, the Commission has caused to be prepared a list of
the owners of the various parcels of property proposed to be
acquired, if any (the "Property Acquisition List ") and an estimate
of the cost of acquisition and redevelopment of such property; and
WHEREAS, the Property Acquisition List is a part of the Plan
adopted herein, and the Commission presently intends to acquire
only such property as is included in the Property Acquisition List;
and
WHEREAS, in determining the location and extent of the Area,
the Commission has given consideration to transitional and
permanent provisions for adequate housing for the residents of the
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4 •4.
Area, if any, who will be displaced by the redevelopment thereof;
and
WHEREAS, Section 43 of the Act establishes that an economic
development area may be an allocation area for the purposes of
distribution and allocation of property taxes; and
WHEREAS, Section 39 of the Act has been enacted to permit the
creation of allocation areas within an economic development area
to provide for the allocation and distribution, as provided in the
Act, of the proceeds of taxes levied on property situated in an
allocation area, and the Commission deems it advisable to expand
the allocation area created in the Original Economic Development
Area by Resolution No. 919 (the "Original Allocation Area ") to
include Expansion Area No. 1 and Expansion Area No. 2, so that such
allocation area, as expanded, will be within and coterminous with
the Area; and
WHEREAS, the Plan for the Area conforms to other development
and redevelopment plans for the City;
NOW THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
1. The Commission hereby finds and determines that the Area
is an economic development area in that the Plan for the Area:
a
(a) promotes significant opportunities for the gainful
employment of the citizens of the City;
(b) retains or expands a significant business enterprise
existing in the boundaries of the City; and
(c) meets the other purposes of Sections 2.5, 41 and 43 of the
Act.
2. The Commission hereby finds and determines that the Plan
for the Area cannot be achieved by regulatory processes or by the
ordinary operations of private enterprise without resort to the
powers allowed under Sections 2.5, 41 and 43 of the Act because of:
(a) lack of local public improvement; and
(b) multiple ownership of land.
3. The Commission hereby finds and determines that the public
health and welfare will be benefited by accomplishment of the Plan
for the Area.
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at
4. The Commission hereby finds and determines that the
accomplishment of the Plan for the Area will be of public utility
and benefit as measured by:
(a) the attraction or retention of permanent jobs;
(b) an increase in the property tax base; and
(c) improved diversity of the economic base.
5. The Commission hereby finds and determines that the Plan
for the Area conforms to other development and redevelopment plans
for the City.
6. The Commission hereby finds and determines that it will
be of public utility and benefit to acquire the Area as set forth
herein and in the Plan and redevelop it under the Act.
7. The Plan is in all respects approved and is hereby adopted
as the Plan for the Area. Such Plan shall be entitled "Economic
Development Plan, Airport Economic Development Area, South Bend,
Indiana," and shall consist of the Original Economic Development
Plan, with the amendments described herein, and hereafter any such
reference to the "Economic Development Plan, Airport Economic
Development Area, South Bend, Indiana," shall be deemed to refer to
such Original Economic Development Plan as so amended.
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8. The maps and plats of the Area showing its boundaries, the
!; location of the various parcels of property, streets, alleys, and
other features affecting the acquisition, clearance, replatting,
replanning, rezoning, or redevelopment of the Area, indicating the
parcels of property to be excluded from acquisition and the parts
of the Area acquired, if any, that are to be devoted to public ways,
levees, sewerage, parks, playgrounds, and other public purposes
under the Plan are hereby approved and adopted as the maps and plats
for the Area.
9. The Commission estimates that the cost of acquiring and
redeveloping the property set forth in the Property Acquisition List
included in the Plan is $5,300,000.
10. The Commission hereby finds and determines that for
purposes of the allocation provisions of Section 39 of the Act, the
Area shall constitute an allocation area for purposes of the Act and
this Resolution.
11. The allocation area created by Resolution No. 919 and
designated as the "Airport Economic Development Area, Allocation
Area No. 1" shall hereafter be deemed to include Expansion Areas
No. 1 and 2 ( "Allocation Area No. 1"). The resolutions of the
Commission set forth in Sections 12 to 14 of Resolution No. 919 are
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hereby confirmed in all respects with respect to the Original
Allocation Area.
12. Any property taxes levied on property in Expansion Areas
No. 1 and No. 2 in 1991 for collection in 1992, and thereafter,
except as otherwise provided in Section 39 of the Act, by or for the
benefit of any public body entitled to a distribution of property
taxes on taxable property in Expansion Areas No. 1 and No. 2 shall
be allocated and distributed as follows:
a. the proceeds of the taxes attributable to the lesser of:
(i) the assessed value of the property for the assessment date
with respect to which the allocation and distribution is made;
or (ii) the net assessed value of all the property as finally
determined for the assessment date immediately preceding the
effective date of these allocation provisions (as adjusted
under Section 39(h) of the Act) , which assessment date is
March 1, 1990; shall be allocated to, and when collected, paid
into the funds of the respective taxing units;
b. property tax proceeds in excess of those described in
clause (a) shall be allocated to the Redevelopment District
and, when collected, paid into the Allocation Fund (as defined
below).
C. the proceeds distributed to the Redevelopment District
s pursuant to Paragraph 12(b) hereof, shall be deposited in the
allocation fund created by Resolution No. 919, and designated
as the "City of South Bend, Department of Redevelopment,
Airport Economic Development Area, Allocation Area No. 1
Allocation Fund" (the "Allocation Fund "), and may be used only
as provided for in the Act, and more particularly to (i) pay
the principal of and interest on any obligations payable solely
E from allocated tax proceeds which are incurred by the
Redevelopment District for the purpose of financing or
refinancing the redevelopment of Allocation Area No. 1; (ii)
establish, augment, or restore the debt service reserve for
bonds payable solely or in part from allocated tax proceeds in
Allocation Area No. 1; (iii) pay the principal of and interest
on bonds payable from allocated tax proceeds in Allocation Area
No. 1 and from the special tax levied under Section 27 of the
Act; (iv) pay the principal of and interest on bonds issued by
the City to pay for local public improvements in or serving
Allocation Area No. 1; (v) pay premiums on the redemption
before maturity of bonds payable solely or in part from
allocated tax proceeds in Allocation Area No. 1; (vi) make
payments on leases payable from allocated tax proceeds in
Allocation Area No. 1 under Section 25.2 of the Act; (vii)
reimburse the City for expenditures made by it for local public
improvements (which include buildings, parking facilities, and
other items described in Section 25.1(a) of the Act) in or
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serving Allocation Area No. 1; (viii) reimburse the City for
rentals paid by it for a building or parking facility in or
serving Allocation Area No. 1 under any lease entered into
under IC 36 -1 -10; (ix) pay all or a portion of a property tax
replacement credit to taxpayers in Allocation Area No. 1 as
determined by the Commission in accordance with the provisions
of the Act; (x) pay expenses incurred by the Commission for
local public improvements that are in or serving Allocation
Area No. 1. Public improvements include buildings, parking
facilities and other items described in Section 25.1(a) of the
Act;
provided, however, that if future uses of property tax proceeds
allocated to the Allocation Fund are authorized or permitted by
amendments to the Act, including Sections 39 and 43, after the
effective date of this Resolution, those uses shall also be
authorized or permitted for property tax proceeds allocated to the
Allocation Fund.
13. Except as provided in Section 39(g) of the Act, before
July 15 of each year, the Commission shall do the following:
(a) determine the amount, if any, by which property taxes
payable to the Allocation Fund in the following year will
exceed the amount of property taxes necessary to make, when
' due, principal and interest payments on bonds described in
Paragraph 12(c) plus the amount necessary for the other
{ purposes described in Paragraph 12(a).
(b) notify the County Auditor of the amount, if any, of
the amount of excess property taxes that the Commission has
determined may be paid to the respective taxing units in the
manner prescribed in Paragraph 12(a). The Commission may not
authorize the payment to the respective taxing units if to do
so would endanger the interests of the holders of bonds
described in Paragraph 12(c) or lessors under Section 25.2 of
the Act.
14. "Property Taxes" referred to herein shall mean taxes
imposed under IC 6 -1.1 on real property only.
15. The Secretary is directed to file a certified copy of the
Plan with the minutes of this meeting.
16. The officers of the Commission are hereby directed to make
any and all required filings with the Indiana State Board of Tax
Commissioners, the St. Joseph County Auditor, and the German
Township Assessor in connection with Expanded Allocation Area No. 1
and No. 2.
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17. This Resolution, together with supporting data, shall be
submitted to the Area Plan Commission of St. Joseph County, and the
South Bend Common Council, as provided by Section 16 of the Act, for
the approval of the Resolution and Plan, and if approved by both
bodies, the Resolution and Plan shall be submitted to public hearing
and remonstrance as provided by Section 17 of the Act and IC 5 -3-
1 and after all required filings with governmental agencies and
officers have been made pursuant to Section 17(b) of the Act.
18. All orders or resolutions in conflict herewith are hereby
rescinded, revoked and repealed in so far as such exist.
19. This Resolution does not affect any rights or liabilities
accrued, penalties incurred, offenses committed, or (except as
otherwise provided herein) proceedings begun before the effective
date of this Resolution.
20. The United States of America is hereby assured of full
compliance by the Commission with regulations of the Department of
Housing and Urban Development effectuating Title VI of the Civil
Rights Act of 1964, as amended.
21. This Resolution shall be in full force and effect from and
after its adoption by the Commission.
ADOPTED AND APPROVED at a regular meeting of the South Bend
Redevelopment Commission held on the 9th day of November, 1990, at
1200 County -City Building, 4th Floor, 227 West Jefferson Boulevard,
South Bend, Indiana.
CITY OF SOUTH BEND REDEVELOPMENT
COMMISSION
Paula N. Auburn, Vice President
ATTEST:
Roman iasecki, Secretary
-11-
tapitman\bonds \airport \res#965;11 /08/90
r
i•. i
SCHEDULE I
RESOLUTION NO. 965
That part of Section 21 and 22, T. 38 N., R. 2 E., German
Township, St. Joseph County, Indiana which is described
as: Beginning at the Center of Section 21; thence N.
88 °- 53' -36" E. along the East and West quarter line of
said Section, 450.58 ft. to the Southeast corner of Lot 6
of the recorded plat of Toll Road Industrial Park,
Section 4; thence N. 00 °- 56' -57" W., 348.63 ft. to the
Northwest corner of Lot 3, of the recorded plat of Toll
Road Industrial Park, Section 2, thence N. 88 °- 53' -36"
E., 385.00 ft. to the West line of Ralph Jones Drive;
thence N. 00 °- 56' -57" W., 504.83 ft.; thence around a
30.00 ft. radius curve to the left an arc distance of
47.21 ft. to the end of a chord which bears N.
t
46 °- 01' -41" W. and a distance of 42.49 ft. to the south
line of William Richardson Drive; thence along said south
line S. 88 °- 53' -36" W., 805.50 ft. to the Northwest
R
corner of Lot 6, Toll Road Industrial Park, Section 4;
thence N. 000- 56' -57" W., 1126.62 ft. to the Northwest
corner of Outlot 7C, of the recorded plat of Toll Road
Industrial Park, Section 7; thence N. 88 °- 53' -36" E.,
1327.59 ft. to the Northeast corner of Lot 11 of Toll
Road Industrial Park, Section 6; thence S. 00 °- 56' -57"
E., 1046.62 ft. to the North line of William Richardson
Court; thence along said North line N. 88 °- 53' -36" E.,
238.43 ft.; thence around 60.00 ft. radius curve to the
left an arc distance of 50.47 ft. to the end of a chord
which bears N. 64 °- 47' -51" E. and a distance of 48.99
ft.; thence around a 60.00 ft. radius curve to the right
an arc distance of 144.76 ft. to the end of a chord which
bears S. 70 °- 04' -02" E. and a distance of 112.12 ft. to
the northwest corner of Lot 18 of the recorded plat of
Toll Road Industrial Park, Section 6; thence S.
00 °- 56' -57" E., 604.73 ft. to the southeast corner of Lot
'
17 of the Toll Road Industrial Park, Section 6; thence
(
crossing Lot 18 of said Section 6, N. 88 °- 53' -36" E.,
930.91 ft. to the East line of said Section 21; thence
along the said East line S. 00 °- 45' -45" E., 338.81 ft. to
the east quarter post of said Section; thence S.
O10- 00' -44" E. along the East line of said section,
585.04 ft.; thence N. 89 °- 44' -31" E., 1219.94 ft. to the
Centerline of Portage Road; thence S. 21 °- 44' -25" E.
along said line, 292.53 ft.; thence S. 01 °- 02' -54" E.
=
along the East line of the West half of the Southwest
quarter of said section 22, 985.05 ft. to the South line
of Maple Road; thence along said line, S. 42 °- 23' -52" W.,
526.67 ft. and S. 03 °- 23' -52" W., 50.53 ft. to the
Northerly Right of Way line of Cleveland Road; thence
along said line N. 62 °- 25' -23" W., 181.03 ft.; thence N.
680- 12' -15" W., 345.89 ft. and N. 56 °- 02' -56" W., 410.00
ft. and N. 77 °- 22' -14" W., 148.56 ft. to a Point on the
f 4
f
East line of said Section 21; thence continuing along
said line, N. 68 °- 46' -15" W., 838.81 ft. thence around a
4463.66 ft. Radius curve to the Right an arc distance of
732.25 ft. to the end of a chord which bears N.
55 °- 47' -07" W. and having a distance of 731.43 ft. and N.
510- 06' -33" W., 725.43 ft. and around a 4705.21 ft.
Radius curve to the Left an arc distance of 870.48 ft. to
the end of a chord which bears N. 56 °- 22' -04" W. and
having a distance of 869.24 ft.; thence N. 00 °- 56' -12" W.
along the North and South quarter line of said Section,
98.76 ft. to the Point of Beginning. Containing 170.005
Acres. more or less.
SCHEDULE II
RESOLUTION NO. 965
That part of Sections 29, 30, 31 and 32, T. 38 N., R. 2 E.,
German Township, St. Joseph County, Indiana which is described
as: Beginning at the North quarter Post of said Section 29;
thence South along the North and South quarter line of said
Section to a Point which is 824.24 ft. South of the Center of
said Section; thence East, 89.71 ft.; thence South Parallel
with and 89.71 ft. East of the North and South quarter Line of
said Section, 1784.88 ft., said point being the North Right of
Way Line of Lathrop Street (Douglas Road); thence West along
the North line of said Lathrop Street to the Westerly line of
Butternut Road; thence Southwesterly along a line parallel to
and 20.00 ft. Westerly of the following described line to
wit: Beginning at a Point in the Centerline of Butternut
Road; thence South 29.00 ft. to an Iron; thence S. 05 °- 24' -06"
W., 251.90 ft. to an Iron set in concrete; thence S.
31°- 09' -50" W., 473.36 ft. to an Iron; thence S. 01 °- 23' -50"
W., 123.15 ft. to an Iron, all being a line along the Westerly
Right of Way of Butternut Road; thence S. 88 °- 46' -30" W.,
1595.58 ft. to a Point on the West Line of said Section 32
which is South 829.90 ft. from the Northwest Corner of said
Section; thence S. 88 °- 46' -30" W., 1132.51 ft. to a Point on
the Northwesterly Right of Way line of the U.S. #31 By -Pass
and the Lincolnway West -U.S. #20 intersection; thence N.
19 °- 08' -51" W. along the limited access Right of Way line of
the Northeast ramp of the U.S. #31 By -Pass, 1654.59 ft. to a
point 603.50 ft. more or less South of the North line of the
South half (1/2) of the Southeast quarter (1/4) of said
Section 30, which point is 210.00 ft. to the right of PCC at
Station 22 + 10 of the survey line of the said Northeast ramp;
thence Westerly at Right angles to line "M" which line is the
centerline of the U.S. #31 By -Pass, 420.00 ft. more or less to
a point in the limited access right of way line of the
Northwest ramp of said U.S. #31 By -Pass; thence Southerly and
Westerly along the limited access right of way line of said
Northwest ramp to a Point 79.36 ft. South of the North quarter
post of said Section 31; thence North along the North and
South quarter line of said Section 31, 79.36 ft. to the North
quarter post of said Section; thence North along the North and
South quarter line of Section 30 to the Center of Section 30;
thence East along the East and West quarter line of said
Section to the east quarter Post of said Section; thence East
along the East and West quarter line of said Section 29 to the
Southeast Corner of the West half of the West half of the
Northwest quarter of said Section 29; thence North along the
East line of the West half of the West half of the Northwest
quarter of said Section to the Northeast Corner of the West
half of the West half of the Northwest quarter of said
Section; thence East along the North line of said Section and
the Centerline of Cleveland Road to the Point of Beginning.
SC EEDUTIE III
RESO=ON NO. 965
*0;7i4M11A4VM0Q1
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 riot of way line of Bendix Drive
and the Northeast right of way line of Lincolnway West (also ]mown as USR 20);
thence Northwesterly along said Northeast riot 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 to and 140 feet Northerly of the survey Line
SUSR20 M (referenced to plans for U.S. 31 Bypass) to the West right of way
g 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 USR20M; thence Southwesterly a distance of 300 feet along a
line measured at right angles to said Line SUSR20 M to a point 150 feet to
the left of Station 65+00 on Line SUSR20M; 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
SUSR -20 M in the limited access right of way line of the Southwest ranp of
said U.S. 31 Bypass, which point is 130 feet Southwesterly measured at right
angles from said Line SUSR20M; thence Northeasterly a distance of 250 feet
measured at riot angles to said Line SUSR20M to a point at Station 34 +00 on
Line S USR20M, 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
j right of way line of the Indiana East-West Toll Read; thence Westerly along
the Southerly riot of way line of the Indiana East -West Toll Road a distance
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 riot 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 thence due East along the East-West centerline of said Section
18, also being the Northwest corner of the Southwest 1/4 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 1/4 a distance of 1303..80 feet to the Northeast corner of the West
1/2 of said Southwest 1/4; thence South 00' 03' 49" West along the east line
of the West 1/2 of said Southwest 1/4 a distance 2465.70 feet to a point which
is North 00° 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 00° 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 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
89° 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 00° 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 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 Read; 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 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 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 00° 06' 03" East, a measured distance of
669.74 feet to a one inch square iron pipe at a point which is South 00° 06'
03" West a distance of 1281.30 feet from the North line of the Northwest 1/4
of Section 20; thence South 890 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 riot of way line at the new Cleveland Road to a point
located South 000 56' 12" East a distance of 98.76 feet along the north -south
quarter line of Section 21 frt the center of said Section 21; thence North
88° 53' 36" East along the East and West quarter line of said Section, 450.58
feet to the Southeast corner of Lot 6 of the recorded plat of Toll Road
Industrial Park, Section 4; thence North 00° 56' 57" West, 348.63 feet to the
Northwest corner of Lot 3, of the recorded plat of Toll Road Industrial Park,
Section 2, thence North 88° 53' 36" East, 385.00 feet to the West line of
Ralph Jones Drive; thence North 00° 56' 57" West 504.83 feet; thence around a
30.00 feet radius curve to the left an arc distance 47.21 feet to the end of a
chord which bears North 460 01' 41" West and a distance of 42.49 feet to the
south line of William Richardson Drive; thence along said south line South 88°
53' 36" West, 805.50 feet to the Northwest corner of Lot 6, Toll Read
Industrial Park, Section 4; thence North 00° 56' 57" West, 1126.62 feet to the
x
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 Toll Road Industrial Park, Section 6; thence South 00° 56'
57" East, 1046.62 feet to the North line of William Richardson Court; thence
along said North line North 88° 53' 36" East, 238.43 feet; thence around 60.00
feet radius curve to the left an arc distance of 50.47 feet to the end of a
chord which bears North 640 47' 51" East and a distance of 48.99 feet; thence
around a 60.00 feet radius curve to the right an arc distance of 144.76 feet
's
to the end of a chord which bears South 70° 04' 02" East and a distance of
112.12 feet to the northwest corner of Lot 18 of the recorded plat of Toll
Road Industrial Park, Section 6; thence South 00° 56' 57" East, 604.73 feet to
the southeast corner of Lot 17 of the Toll Road Industrial Park, Section 6;
thence crossing Lot 18 of said Section 6, North 88° 53' 36" East, 930.91 feet
to the East line of said Section 21; thence along the said East line South 00°
45' 45" East, 338.81 feet to the Fast quarter post of said Section; thence
#
South 01° 00' 44" East along the East line of said section, 585.04 feet;
thence North 890 44' 31" East, 1219.94 feet to the Centerline of Portage Road;
thence South 21° 44' 25" East along said centerline, 292.53 feet; thence South
O1° 02' 54" East along the East line of the West half of the Southwest quarter
of said section 22, 985.05 feet to the South line of Maple Road; thence along
said line, South 420 23' 52" West, 526.67 feet and South 03° 23' 52" West,
50.53 feet to the Northerly right of way line of Cleveland Road; thence
Easterly and Southeasterly along said Northerly riot of way line to the
intersection with the West line of the East 1/2 of the Southwest 1/4 of
Section 22; thence North along said West line to the Northwest corner of the
East 1/2 of the Southwest 1/4 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 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
West
Southerly riot of way line of the East-West Indiana Toll Road; thence
and Northwest along the Southerly riot of way line of said East-West, Indiana
Toll Road to th ��So �erly along the Eastll�u'►e oway aid Maple Road and Road;
thence Southwest
Bendix Drive to the Point of Beginning.
r+�
AIRPORT ECONOMIC DEVELOPMENT AREA
DEVELOPMENT PLAN
DEPARTMENT OF ECONOMIC DEVELOPMENT
South Bend, Indiana
February 23, 1990
Revised: November 9, 1990
AIRPORT ECONOMIC DEVELOPMENT AREA
DEVELOPMENT
PLAN
Introduction.•
I• Description of the
•1
Project
A. Project Boundaries..
....... ..............................2
B. Goals and Objectives.••
......................
C. Obstacles to
• • .3
achieving the economic development lan.
P
D. Proposed Economic Development
... .. .4
Activities......
E. Expected public• benefit• from
,
the area.• the
•.... .......................
economic development of
II. Land Use
..... .5
�
A. Development
P Controls...... •
..............................6
B. Public Improvements ..
III. Project Proposals
A.
W
Property Acquisition .•
B. Property Rehabilitation.•
C. Developers Obligations..
D. Property Acquisition List.•
IV. Design Review committee
...................
A. Establishment
•••�••• .10
of Co mmittee...............
B. Terms..
C. Rules ................
...11
D. Powers and Duties ........•
••••••
E. Design Guidelines.........
•••••••
s
• .............................12
F. pe rmits.........•
3
G. Review •• • • • • • • • • • • • • •
• -
H. Amendments to Disapproved
•••• .13
•••••
Plan...
......................
I. Signs and Awnings•
.14
V. Statutory Authority..
..........................14
V. Procedure for Amendment of the Approved Development Plan....
Exhibit A - Boundaries of the Airport Economic Development Area.
.16
Map A - Area Boundary.........
Map B - Current Zoning,,,,,,,,,,,,,,,,
Map C Property Acquisition..
.. .............................22
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), g P ), rail (the South Shore Railroad will likely
relocate there) and highway g y (several major local arterials, the
' U.S. 31 bypass and the Indiana Toll Road Exit 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
i
business development that will spur the economy of South Bend as
well as that of North Central Indiana.
-1-
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
will development of this Area wi
p 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 s
3 unable
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 enerate
g d 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.
I. DESCRIPTION OF PROJECT
A.
The boundaries of the Airport Economic Development Area
are atached as Exhibit "A ".
-2-
i
B. 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.
-3-
8. To increase user traffic for the Indiana Toll Road,
specifically Exit 72.
9. To increase use of the South Shore Railroad (when
relocated to the Michiana Regional Airport).
C. 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.
-4-
D. Proposed Economic Develox�ment 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.
E. Expected Public Benefit From the Economic Develo men* 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, especially in
the Airport and Toll Road Industrial Parks.
-5-
z
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.
II. LAND USE
A. 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.
-6-
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.
B. 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.
-7-
4. Other public improvements, as necessary
for the
project.
These public improvements will be phased as funds
become
available.
-7-
4
III. PROJECT PROPOSALS
A. Property Acquisition
The Land Acquisition Plan Map (Map C) and Property
Acquisition List (Section III D) 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.
B. 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.
C. 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.
1. In addition, the following provisions will be included in
any agreement:
a. That any developer will submit to the Commission a
plan and schedule for the proposed development.
b. That the purchase of the land is for the purpose of
development and not for speculation.
C. That the land will be built upon and improved in
conformity with the objectives and provisions of the
Development Plan.
d. That the building of improvements will be commenced
`? and completed within a reasonable period of time.
D. Property Acquisition List
x 7
IV. DESIGN REVIEW COMMITTEE
In order to achieve a high level of design and insure a
feeling of continuity throughout the Area, a Design Review
Committee (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.
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Area
Parcel
Owner's Name
To be Acquired
A
Bradford
19.8 acres
B
Corbridge
15.9 acres
C
Hannah
3.5 acres
D
Francoeur
2.0 acres
E
Wendt
9.8 acres
F
Pendl
15.0 acres
G
Borough
18.8 acres
H
Bradford
70.5 acres
I
DeMaegt
83.9 acres
J
DeMaegt
1.0 acre
IV. DESIGN REVIEW COMMITTEE
In order to achieve a high level of design and insure a
feeling of continuity throughout the Area, a Design Review
Committee (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.
-10-
A. Establishment of Committee
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.
B. Terms
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.
-11-
Ll
C. Rules
The Committee shall adopt such rules and procedures as are
necessary to conduct its business, including the dates and
times of meetings and hearings.
D. 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.
a
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.
E. Design Guidelines
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.
-12-
F. Permits
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.
G. Review
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 compliance with
the standards and objectives of the Plan and Design
Guidelines. Upon receipt of the plans the staff of the
Department of 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
-13-
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.
H. 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 limitied
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.
I. 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.
V. STATUTORY AUTHORITY
The controls, regulations and land use restrictions contained
in this Plan are for the specific purpose of implementing the
Airport Economic Development Plan pursuant to Indiana Code
36- 7- 14 -1 -et. seq.
-14-
01-
VI. 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.
-15-
ECONCMIC DEVEMPMENT
EXHIBIT
8R.4i • •
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 riot of way line of Bendix Drive
and the Northeast riot of way line of Lincolnway West (also }mown as USR 20);
thence Northwesterly along said Northeast riot 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 to and 140 feet Northerly of the survey Line
SUSR20M (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 SUSR20M; thence Southwesterly a distance of 300 feet along a
line measured at right angles to said Line SUSR20M to a point 150 feet to
the left of Station 65+00 on Line S- USR20M; 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
SUSR -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 SUSR20M; thence Northeasterly a distance of 250 feet
measured at right angles to said Line SUSR20M 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
1320 feet more or less to the East riot 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 thence due East along the East -West centerline of said Section
18, also being the Northwest corner of the Southwest 1/4 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
-16-
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 00° 03' 49" West along the east line
of the West 1/2 of said Southwest 1/4 a distance 2465.70 feet to a point which
is North 000 03' 49" East a distance of 200.00 feet fraL the Southeast corner
of the West 1/2 of said Southwest 1/4; thence North 89° 39' 06" West, parallel
with the South line of said Southwest 1/4, a distance of 400.00 feet; thence
South 00° 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 000 22' 38" East a distance of 205.00 feet; thence North
89° 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 890 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 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 riot 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 830 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 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 00° 06' 03" East, a measured distance of
-17-
669.74 feet to a one inch square iron pipe at a point which is South 00° 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 at the new Cleveland Road to a point
located South 00° 56' 12" East a distance of 98.76 feet along the north -south
quarter line of Section 21 from the center of said Section 21; thence North
88° 53' 36" East along the East and West quarter line of said Section, 450.58
feet to the Southeast corner of Lat 6 of the recorded plat of Toll Road
Industrial Park, Section 4; thence North 00° 56' 57" West, 348.63 feet to the
Northwest corner of Lot 3, of the recorded plat of Toll Road Industrial Park,
Section 2, thence North 88° 53' 36" East, 385.00 feet to the West line of
Ralph Jones Drive; thence North 00° 56' 57" West 504.83 feet; thence around a
30.00 feet radius curve to the left an arc distance 47.21 feet to the end of a
chord which bears North 46° Ol' 41" West and a distance of 42.49 feet to the
south line of William Richardson Drive; thence along said south line South 88°
53' 36" West, 805.50 feet to the Northwest corner of lot 6, Toll Road
Industrial Park, Section 4; thence North 00° 56' 57" West, 1126.62 feet to the
Northwest corner of Outlot 7C, of the recorded plat of Toll Read Industrial
Park, Section 7; thence North 88° 53' 36" East, 1327.59 feet to the Northeast
corner of Lot 11 of Toll Road Industrial Park, Section 6; thence South 000 56'
57" East, 1046.62 feet to the North line of William Richardson Court; thence
along said North line North 88° 53' 36" East, 238.43 feet; thence around 60.00
feet radius curve to the left an arc distance of 50.47 feet to the end of a
chord which bears North 64° 47' 51" East and a distance of 48.99 feet; thence
around a 60.00 feet radius curve to the right an arc distance of 144.76 feet
to the end of a chord which bears South 70° 04' 02" East and a distance of
112.12 feet to the northwest corner of Lot 18 of the recorded plat of Toll
Road Industrial Park, Section 6; thence South 000 56' 57" East, 604.73 feet to
the southeast corner of Lot 17 of the Toll Road Industrial Park, Section 6;
thence crossing Lot 18 of said Section 6, North 880 53' 36" East, 930.91 feet
to the East line of said Section 21; thence along the said East line South 00°
45' 45" East, 338.81 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, 1219.94 feet to the Centerline of Portage Road;
thence South 21° 44' 25" East along said centerline, 292.53 feet; thence South
O1° 02' 54" East along the East line of the West half of the Southwest quarter
of said section 22, 985.05 feet to the South line of Maple Road; thence along
said line, South 420 23' 52" West, 526.67 feet and South 03° 23' 52" West,
50.53 feet to the Northerly right of way line of Cleveland Road; thence
-
Easterly and Southeasterly along said Northerly right of way line to the
intersection with the West line of the East 1/2 of the Southwest 1/4 of
Section 22; thence North along said West line to the Northwest corner of the
East 1/2 of the Southwest 1/4 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;
m
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 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
Southerly 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 Maple Road;
thence Southwest and Southerly along the East line of said Maple Road and
Bendix Drive to the Point of Beginning.
-19-
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