HomeMy WebLinkAboutNo. 0889 declaring an area in the COSB as an EDA and approving a development plan for said areaRESOLUTION NO. 889
El RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
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DECLARING AN AREA IN THE CITY OF SOUTH BEND
AS AN ECONOMIC DEVELOPMENT AREA AND
APPROVING A DEVELOPMENT PLAN FOR SAID AREA
WHEREAS, the City of South Bend Redevelopment
Commission, governing body of the City of South Bend Department
of Redevelopment, pursuant to I.C. § 36 -7 -14, as amended, (the
"Act ") has thoroughly studied that area of the City of South
Bend described on Exhibit A attached hereto and incorporated
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herein (the "Area "); and
w WHEREAS, the existing public infrastructure is
inadequate to service anticipated demand in or near the Area;
and
WHEREAS, this Commission has caused to be prepared
maps and plats showing the boundaries of the Area, the location
of various parcels of property, streets, alleys, and other
features affecting the replatting, replanning, rezoning, or
redevelopment of the Area; and
WHEREAS, there has been presented to this meeting for
consideration and approval of this Commission a development
plan (the "Plan ") for the Area dated September 8, 1989 and
entitled the Brick /Olive Economic Development Area Plan; and
WHEREAS, the Plan and supporting data was reviewed and
considered at this meeting; and
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WHEREAS, Section 39 of the Act has been created and
amended to permit the creation of "allocation areas" to provide
for the allocation and distribution of property taxes for the
purposes and in the manner provided in said section; and
WHEREAS, Sections 41 and 43 of the Act have been
created to permit the creation of "economic development areas"
and to provide that all of the rights, powers, privileges and
immunities that may be exercised by this Commission in a
redevelopment area or urban renewal area may be exercised in an
economic development area, subject to the conditions set forth
in the Act; and
WHEREAS, this Commission deems it advisable to apply
the provisions of said Sections 39, 41, and 43 of the Act to
the Plan and financing of the Plan.
NOW, THEREFORE, BE IT RESOLVED by the City of South
Bend Redevelopment Commission, governing body of the City of
South Bend Department of Redevelopment as follows:
1. The Plan for the Area promotes significant
opportunities for the gainful employment of its citizens,
attracts a major new business enterprise to the City of
South Bend, may result in the retention or expansion of
significant business enterprises existing in the boundaries
of the City, and meets other purposes of Sections 2.5, 41
Irw and 43 of the Act, including without limitation benefiting
public health, safety and welfare, increasing the economic
well being of the City and the State of Indiana, and
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serving to protect and increase property values in the City
and the State.
2. The Plan for the Area cannot be achieved by
regulatory processes or by the ordinary operation of
private enterprise without resort to the powers allowed
under Sections 2.5, 41 and 43 of the Act because of lack of
local public improvements, existence of improvements or
conditions that lower the value of the land below that of
nearby land, multiple ownership of land, or other similar
conditions, including without limitation the cost of the
projects contemplated by the Plan and the necessity for
requiring the proper use of land so as to best serve the
interests of the City and its citizens.
3. The public health and welfare will be benefited
by accomplishment of the Plan for the Area.
4. The accomplishment of the Plan for the Area will
be a public utility and benefit as measured by the
attraction or retention of permanent jobs, an increase in
the property tax base, improved diversity of the economic
base and other similar public benefits.
5. The Plan for the Area conforms to other
development and redevelopment plans for the City.
6. The City of South Bend Department of
Redevelopment does not propose to acquire any land or
interests in land within the boundaries of the Area.
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7. The Plan is hereby in all respects approved, and
the secretary of this Commission is hereby directed to file
a certified copy of the Plan with the minutes of this
meeting. The Area is hereby designated as an "economic
development area" under Section 41 of the Act.
8. The Area is hereby designated as an "allocation
area" pursuant to Section 39 of the Act for purposes of the
allocation and distribution of property taxes for the
purposes and in the manner provided by said Section. Any
real property taxes subsequently levied by or for the
benefit of any public body entitled to a distribution of
property taxes on taxable property in said allocation area
shall be allocated and distributed as follows:
Except as otherwise provided in said
Section 39, the proceeds of taxes attributable to
the lesser of the assessed value of the property
for the assessment date with respect to which the
allocation and distribution is made, or the base
assessed value, shall be allocated to and when
collected paid into the funds of the respective
taxing units. Except as otherwise provided in
said Section 39, property tax proceeds in excess
of those described in the previous sentence shall
be allocated to the redevelopment district and
when collected paid into an allocation fund for
said allocation area that may be used by the
redevelopment district to do one or more of the
things specified in Section 39(b)(2) of the Act,
as the same may be amended from time to time.
Said allocation fund may not be used for operating
expenses of this Commission. Except as otherwise
provided in the Act, before July 15 of each year,
the Commission shall take the actions set forth in
tv Section 39(b)(3) of the Act.
9. The foregoing allocation provision shall apply to
all of the Area.
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10. Said allocation area is hereby designated as the
"Brick /Olive Allocation Area (South Bend Allocation Area
No. 8)," and said allocation fund is hereby designated as
the "Brick /Olive Allocation Area Allocation Fund."
11. The provisions of this Resolution shall be
subject in all respects to the Act and any amendments
thereto.
12. This Resolution, together with any supporting
data and together with the Plan, shall be submitted to the
Area Plan Commission of St. Joseph County (Plan Commission)
and the Common Council of the City as provided in the Act,
and if approved by the Plan Commission and the Common
IL Council shall be submitted to a public hearing and remon-
strance as provided by the Act, after public notice as
required by the Act.
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Adopted the 8th day of September, 1989.
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SOUTH BEND REDEVELOPMENT COMMISSION
RESOLUTION NO. SR9
EXHIBIT A
Brick /Olive Economic Development Area
A tract of land in the north half of Section 19, Township 38
North, Range 2 East, St. Joseph County, Indiana, said tract
being more particularly described as follows:
Commencing at the Northwest Corner of the East half of the
Northwest Quarter of said Section 19; thence S 00 52' 04" E
along the West line of said East half, said line being also the
centerline of Olive Road, 30.00 feet; thence N 89 55' 36" E,
30.00 feet to the true place of beginning; thence N 89 55' 36"
E, a parallel with the North line of the Northwest Quarter of
said Section 18, 217.89 feet; thence S 66 01' 40" E, 146.39
feet; thence S 88 47' 24" E, 1090.41 feet; thence S 85 17' 41"
E, 561.96 feet to the West right -of -way line of U.S. 31 as
described in Deed Record Book 745, Page 296; thence S
00 17' 00" E along said West right -of -way line, 1770.00 feet;
thence S 02 19' 23" W along said West right -of -way line, 329.34
feet to the North right -of -way line of the Northern Indiana
East -West Toll Road (Interstate Highway 80 & 90); thence S
89 43' 00" W along said North right -of -way line, 1913.39 feet
to the Southeast Corner of a permanent right -of -way easement
recorded September 3, 1954 in Deed Record 531, Pages 515 -516;
thence N 00 52' 04" W along said right -of -way, 230.81 feet;
thence N 06 37' 34" W, along said right -of -way, 598.02 feet to
the East right -of -way line of Olive Road; thence N 00 52' 04"
W, along said East right -of -way line, 1292.54 feet; thence N
89 07' 56" E, 10.00 feet; thence N 00 52' 04" W, 120.00 feet to
the place of beginning. Said tract contains 98.431 acres,
subject to legal highways and easements of record.
6120M
INTRODUCTION
The Brick /Olive Economic Development Area ( "Area ") gives the City
of South Bend an opportunity to provide prime commercial land for
new and expanding firms. The area, consisting of approximately 98
acres, has been zoned "D ", Light Industrial, for many years.
However, it has only been since 1983 that there has been any
development in the Area. Lack of roadway access and utilities have
deterred normal development and occupancy for land that otherwise
is an excellent location for development.
With the completion of the U.S. 31 Bypass beyond the Indiana Toll
Road, the opportunity for expansion in this Area has been given a
strong impetus. This Area is situated adjacent to the Bypass and
Toll Road, and permits ready access to markets and traffic in all
directions.
It is the expectation of the Redevelopment Commission that this
Area will attract significant new development to the City, create
new employment opportunities and increase as well as diversify the
local tax base. 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 ready for
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 Brick /Olive Economic Development Area
A tract of land in the north half of Section 19, Township
38 North, Range 2 East, St. Joseph County, Indiana, said
tract being more particularly described as follows:
Commencing at the northwest corner of the East half of the
Northwest quarter of said Section 19; thence S 00 52' 04"
E along the West line of said East half, said line being
also the centerline of Olive Road, 30.00 feet; thence N
89.55' 36" E, 30.00 feet to the true place of beginning;
thence N 89 55' 38" E, parallel with the north line of
the Northwest quarter of said Section 19, 217.89 feet;
thence S 66 01' 40" E, 146.39 feet; thence S 88 47' 24"
E, 1090.41 feet; thence S 85 17' 41" E, 561.96 feet to the
West right -of -way line of U.S. 31 as described in Deed
Record Book 745, Page 296; thence S 00 17' 00" E along
said West right -of -way line, 1770.00 feet; thence S 02 19'
23" W along said West right -of -way line, 329.34 feet to
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the North right -of -way line of the Northern Indiana
East -West Toll Road (Interstate Highway 80 & 90); thence S
89 43' 00" W along said North right -of -way line, 1913.39
feet to the Southeast corner of a permanent right -of -way
easement recorded September 3, 1954 in Deed Record 531,
Pages 515 -516; thence N 00 52' 04" W along said
right -of -way, 230.81 feet; thence N 06 37' 34" W, along
said right -of -way, 598.02 feet to the East right -of -way
line of Olive Road; thence N 00 52' 04" W, along said East
right -of -way line, 1292.54 feet; thence N 89 07' 56" E,
10.00 feet; thence N 00 52' 04" W, 120.00 feet to the
place of beginning. Said tract contains 98.431 acres,
subject to legal highways and easements of record.
B. Development Plan Goals and Objectives
Goals and objectives for the economic development of the
Brick /Olive Economic Development Area are:
1.
2.
3.
4.
5.
V
To stimulate the development of vacant land through
the creation of developable sites.
To stimulate private sector participation and
investment consistent with overall goals and
objectives.
To increase the tax base of the area.
To create new employment opportunities for citizens
of South Bend.
To attract new businesses to the Area as well as
provide developable sites for expansion of existing
South Bend businesses.
To attract a retail outlet mall and other supporting
businesses to the Area.
C. Types of Proposed Redevelopment Activities
Realization of the above - stated 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, provision
for public facilities and improvements and any other
activity pertaining to planning and implementing an
economic development plan.
II. LAND USE
A. Development Controls
The controls and regulations for the Brick /Olive Economic
Development Area are designed to provide for development
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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" Light Industrial District 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 level of design
and maintenance in keeping with the standards of the
Area.
B. Public Improvements
In order to facilitate industrial development, the City of
South Bend will construct the following improvements in
the Area, depending on the availability of funds.
1. Extension of 8" water mains from existing 12" mains
to service the area.
2. Extension of sanitary sewers to service the Area.
3. Extension of storm sewers to service the Area.
4. Construction of a new, 1000' long, 3 -lane access road
to service the Area.
5. Such other public improvements as are required for
the project.
III. PROJECT PROPOSALS
A. Land Acquisition
Section III(D) lists the ownership of all property in the
Area. 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 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.
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B. Property Rehabilitation
All properties in the Brick /Olive 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 Department of
Redevelopment will be disposed of subject to an Agreement
between the Department and the Developer. The 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. The Developer will not 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 the Agreement:
a. That the Developer will submit to the Department
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.
e. That the Developers, their successors or
assigns, agree that they abide by Title VI of
the Civil Rights Act of 1964, as amended, which
prohibits discrimination on the basis of race,
age, sex, color, or national origin.
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D. Ownership Information
To be Not to be
Acquired Acquired
Parcel Number Owner's Name Sq. Ft. (Acres) Sa. Ft. (Acres)
1
Phillip Traub /J &G
Realty & Insur.
2
Wertheimer Real estate Trust #2
3
Sheetz Properties,
Inc.
4
Lake County Trust
Co.
5
Frank Darnell
(4.90)
6
Leco Corp.
159,865
7
Clark Information
Technologies
8
Lake County Trust
Co.
9
Lake County Trust
Co.
10
Automatic Molded Plastics
11
Lake County Trust
Co.
12
Lake County Trust
Co.
13
Lake County Trust
Co.
20
Lake County Trust
Co.
IV. STATUTORY AUTHORITY
140,015
(5.51)
210,830
(4.84)
209,959
(4.82)
247,420
(5.68)
243,936
(5.60)
322,779
(7.41)
213,444
(4.90)
922,165
(21.17)
159,865
(3.67)
159,865
(3.67)
121,368
(2.80)
304,920
(7.00)
435,600
(10.00)
304,920
(7.00)
The controls, regulations and land use restrictions contained in
this Plan are for the specific purpose of implementing the
Brick /Olive Development Plan pursuant to Indiana Code 36- 7- 14 -1 -et.
seq.
V. PROCEDURE FOR AMENDMENT OF THE APPROVED DEVELOPMENT PLAN
The Brick /Olive Development Plan 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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Map C Acquisition Map
(No Property To Be Acquired At This Time)
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