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HomeMy WebLinkAboutNo. 0919 designating/declaring the AEDA, approving an economic development plan and establishing an allocation area for purposes of TIFFV, q; 9404772 RESOLUTION NO. 919 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION DESIGNATING AND DECLARING THE AIRPORT ECONOMIC DEVELOPMENT AREA, APPROVING AN ECONOMIC DEVELOPMENT PLAN AND ESTABLISHING AN ALLOCATION AREA FOR PURPOSES OF TAX INCREMENT FINANCING 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 Department, pursuant to the Act, has conducted surveys and investigations and has thoroughly studied the area within the City of South Bend (the "City ") hereby designated as the Airport Economic Development Area (the "Area ") and more particularly described as follows: A part of Sections 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32 and 33 in Township 38 North, Range 2 East, and Section 4, Township 37 North, Range 2 East all in German Township, St. Joseph County, Indiana more particularly described as follows: Beginning at the intersection of the East right of way line of Bendix Drive and the Northeast right of way line of Lincolnway West (also known as USR 20); thence Northwesterly along said Northeast right of way line of Lincolnway West to the East right of way line of Butternut Road; thence Northwesterly across Butternut Road on a line parallel 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 S- USR20 -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. Bypass; thence Westerly a distance of 320 feet to a t 150 feet to the left of Station 35 +00 on said Line -1- 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 1✓ 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 880 46' 30" East a distance of 1132.51 feet to a point in the West line of Section 32, ON which point is 829.90 feet South of the Northwest corner + of said Section 32; thence continuing North 880 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 iron set in concrete; thence North 050 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 -2- 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 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 181 also being the Northwest corner of the Southwest 1/4 of Section 17; thence South 890 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 000 00' 00" East) along the North line of said Southwest 1/4 a distance of 1303.80 feet to the Northeast corner of the West 1/2 of said Southwest 1/4; thence South 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 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 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 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 890 39' 06" West, parallel -3- Y, 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 Southeasterly along said Northerly right of way line of the new Cleveland Road to the point of intersection with the East line of the West 1/2 of the West 1/2 of the Northwest 1/4 of said Section 20; thence due North along said East line to the intersection with the South right of way line of Brick Road; thence due East along said South right of way line of Brick Road to a point being due west and 200 feet from the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 20; thence due South 220 feet; thence due East 200.00 feet to the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 20; thence due North a distance of 220 feet to the South right of way line of Brick Road; thence East along the South right of way line of Brick Road to a point of intersection with the West right of way line of Mayflower Road; thence South along the West right of way line of Mayflower Road to the intersection with the Northerly right of way line of the new Cleveland Road; thence Southeasterly along the Northerly right of way line of the New Cleveland Road to a point, said point being located from the intersection of the West line of the Northwest 1/4 of Section 21, with the Northerly right of way line of the Indiana East -West Toll Road, said intersection being 337.19 feet northerly of the West 1/4 corner of said Section 21, and being marked by a brass monument set in concrete, by the following courses: thence Easterly 80.64 feet along said Northerly right of way line along an arc to the right having a radius of 5879.58 feet and subtended by a chord of 80.64 feet bearing South 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 000 06' 03" East, a -4- 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 said North line of the Northwest 1/4; 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 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 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. WHEREAS, upon such surveys, investigations and studies being made, the Commission finds that the Economic Development Plan for the Area, which Plan is hereinafter adopted in this Resolution, 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 welfare will be benefited by the accomplishment of the Economic Development 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 -5- 1 ' 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 for the economic development of the Area as adopted herein; and WHEREAS, there was presented to this meeting of the Commission for its consideration and approval, a copy of the Economic Development Plan for the Area, which plan consists of Airport Economic Development Area Development Plan, (20) pages, with attachments, and is attached hereto as Exhibit "A" and is entitled: Economic Development Plan Airport Economic Development Area South Bend, Indiana and is hereafter referred to as the Economic Development Plan; and WHEREAS, the Economic Redevelopment 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 Economic Development 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 separate appraisals by at least two (2) independent appraisers of the fair value of the parcels of property proposed to be acquired, if any; and WHEREAS, the Property Acquisition List is a part of the Redevelopment Plan adopted herein; 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 Area, if any, who will be displaced by the redevelopment thereof; and WHEREAS, Section 43 of the Act establishes that an economic ro 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 created to permit the creation of allocation areas within an economic development area to 0 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 create an allocation area within and coterminous with the Area; and WHEREAS, the Economic Development 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 economic development plan for the Area: (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 Economic Development 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 Economic Development Plan for the Area. 4. The Commission hereby finds and determines that the accomplishment of the Economic Development 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 Economic Development Plan for the Area conforms to other development and redevelopment plans for the City. -7- 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 Economic Development Plan and redevelop it under the Act. 7. The Economic Development Plan is in all respects approved and is hereby adopted as the Economic Development Plan for the Area. 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 Economic Development Plan are hereby approved and adopted as the maps and plats for the Area. 9. The Commission currently does not propose to acquire any interests in the land within the aforementioned boundaries of the Area, and therefore finds there to be no estimated cost of acquiring the Area. 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. Such Allocation Area shall be designated as the "Airport Economic Development Area, Allocation Area No. 1" ( "Allocation Area No. 111). 12. Any property taxes levied on property in Allocation Area No. 1 in 1990 for collection in 1991, 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 Allocation Area No. 1 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, 1989; 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 an allocation fund for Allocation Area No. 1, such fund hereinafter created by this Resolution. -8- C. the proceeds distributed to the Redevelopment District pursuant to Paragraph 12(b) hereof, shall be deposited in an allocation fund designated "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 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 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 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 accord 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). WE (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 25.3 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 Economic Development 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 the creation of Allocation Area No. 1. 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 Economic Development Plan, and if approved by both bodies, the Resolution and Economic Development 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. Resolution No. 889 of the Commission entitled "Resolution of the South Bend Redevelopment Commission Declaring an Area in the City of South Bend as an Economic Development Area and Approving a Development Plan for Said Area" adopted September 8, 1989, and Resolution No. 896 of the Commission entitled "Resolution of the City of South Bend Redevelopment Commission Confirming Resolution No. 889 Declaring an Area in the City of South Bend as an Economic Development Area and Approving a Development Plan for Said Area," adopted October 17, 1989, are each hereby rescinded in their entirety. 21. This Resolution shall be in full force and effect from and after its adoption by the Commission. -10- ADOPTED AND APPROVED at a regular meeting of the South Bend Redevelopment Commission held on the 23rd day of February, 1990, at the office of the Commission, 1200 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana. ATTEST: Roman Piasecki, Secretary 2 -23 -90 C N, -11- CITY OF SOUTH BEND REDEVELOPMENT COMMISSION F. Jay N mtz, P esident AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN DEPARTMENT OF ECONOMIC DEVELOPMENT South Bend, Indiana February 23, 1990 AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN Introduction I. Description of the Project A. Project Boundaries B. Goals and Objectives C. Obstacles to achieving the economic development plan D. Proposed Redevelopment Activities E. Expected public benefit from the economic development of the area II. Land Use A. Development Controls B. Public Improvements III. Project Proposals A. Property Acquisition B. Property Rehabilitation C. Developers Obligation D. Acquisition List IV. Statutory Authority V. Procedure for Amendment of the Approved Development Plan L L LIST OF MAPS Map A Area Boundary Map B Current Zoning Map C Property Acquisition :I INTRODUCTION The Airport Economic Development Area ( "Area ") provides the City of South Bend with a unique opportunity to improve its economic position in a Midwestern, regional and local context. By opening up a large, new area for commercial and industrial development, the City will generate new jobs, increase its tax base, diversify business opportunities and compete in a larger marketplace while at the same time generating millions of dollars of new investment for North Central Indiana. The Area, which is zoned primarily for industrial purposes, is a prime site for new development due to its ready access to an excellent transportation network that includes air (Michiana Regional Airport), rail (the South Shore Railroad will likely relocate there) and highway (several major local arterials, the U.S. 31 bypass and the Indiana Toll Road 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 business development that will spur the economy of South Bend as well as that of North Central Indiana. 11 While the above mentioned factors combine to provide a strong impetus for development of this Area, lack of interior roadway access and the absence of utility infrastructure have hindered normal development of an otherwise excellent site. It is the expectation of the Redevelopment Commission that the development of this Area will produce a significant increase in the City's overall economic vitality. To achieve this, however, the Redevelopment Commission and the City of South Bend must be able to provide the necessary public improvements to make the site suitable for new development. This requires public funds for capital improvements. The best method for funding these improvements without adding to the tax burden is through tax incremental financing. This tool is currently available only in redevelopment and economic development areas and will be of the utmost importance in this project. By using the tax increment generated by new development, the City will be in a position to provide the necessary capital improvements to spur the future growth and development of this Area and the South Bend community as a whole. I. DESCRIPTION OF PROJECT A. Boundaries of the Airport Economic Development 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: 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 0 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 S- USR20 -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 880 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 iron set in concrete; thence North 050 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 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 000 00' 00" East) along the North line of said Southwest 1/4 a distance of 1303.80 feet to the Northeast corner of the West 1/2 of said Southwest 1/4; thence South 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 000 03' 49" West, parallel with the East line of the West 1/2 of said Southwest 1/4, a distance of 200.00 feet to the South line of said Southwest 1/4; thence North 890 39' 06" West, along said South line a distance of 375.75 feet; thence North 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 000 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 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 Southeasterly along said Northerly right of way line of the new Cleveland Road to the point of intersection with the East line of the West 1/2 of the West 1/2 of the Northwest 1/4 of said Section 20; thence due North along said East line to the intersection with the South right of way line of Brick Road; thence due East along said South right of way line of Brick Road to a point being due west and 200 feet from the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 20; thence due South 220 feet; thence due East 200.00 feet to the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 20; thence due North a distance of 220 feet to the South right of way line of Brick Road; thence East along the South right of way line of Brick Road to a point of intersection with the West right of way line of Mayflower Road; thence South along the West right of way line of Mayflower Road to the intersection with the Northerly right of way line of the new Cleveland Road; thence Southeasterly along the Northerly right of way line of the New Cleveland Road to a point, said point being located from the intersection of the West line of the Northwest 1/4 of Section 21, with the Northerly right of way line of the Indiana East -West Toll Road, said intersection being 337.19 feet northerly of the West 1/4 corner of said Section 21, and being marked by a brass monument set in concrete, by the following courses: thence Easterly 80.64 feet along said Northerly right of way line along an arc to the right having a radius of 5879.58 feet and subtended by a chord of 80.64 feet bearing South 830 32' 20" East (this bearing and the next 5 bearings are relative to an assumed bearing of North 900 00' 00" East for the north line of said Northwest 1/4), to an iron pipe; thence North 000 06' 03" East, parallel with and 80.50 feet Easterly of said West line of the Northwest 1/4, a measured distance of 336.78 feet to a one inch square iron pipe marking the northwest corner of a parcel of land described in Deed Record 819, page 596, in the Office of the Recorder of St. Joseph County, Indiana, said corner being the previously stated point in question; thence continuing North 000 06' 03" East, a measured distance of 669.74 feet to a one inch square iron pipe at a point which is South 00° 06' 03" West a distance of 1281.30 feet from said North line of the Northwest 1/4; 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 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. B. Goals and Objectives CW 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. VO 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. D. Proposed Economic Development Activities Realization of the stated goals and objectives will be accomplished by a combination of public and private actions. These actions could include, but are not limited to, the following: property acquisition, relocation, clearance and dedication of public right -of -way, provisions for public facilities and improvements and any other activity pertaining to planning and implementing an economic development plan. E. Expected Public Benefit From the Economic Development of the Area The implementation of the Airport Economic Development Plan will result in several public benefits to the citizens of South Bend, including: AFft 1. Significant new job creation resulting from the new development as well as expansion of office, commercial and industrial uses within the Area. 2. Increase and diversification of the City's tax base. 3. New private investment and development as well as the expected expansion of existing businesses, expecially in the Airport and Toll Road Industrial Parks. 4. Improved roadway access in the northwest portion of the City. C 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. 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. 4. Other public improvements, as necessary for the project. These public improvements will be phased as funds become available. III. PROJECT PROPOSALS A. Land Acquisition At this time, no property is scheduled for acquisition by the Commission. Should the Redevelopment Commission ever acquire property within the Area, it 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 Square Feet Square Feet Owner's Name To be Acquired Not to be Acquired No property is to be acquired at this time. IV. 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. V. 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. 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