HomeMy WebLinkAboutNo. 0919 designating/declaring the AEDA, approving an economic development plan and establishing an allocation area for purposes of TIFFV,
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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,
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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.
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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. Any change affecting any property or contractual right
can be effectuated only in accordance with applicable state and
local law.
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