HomeMy WebLinkAboutNo. 0834 expanding the boundaries of the SBRDA, redeclaring the area as expanded to be blighted, for purposes of TIF, and amending the plan and reapproving the plan as amended��;0 0�
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RESOLUTION NO. 834
RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT
COMMISSION EXPANDING THE BOUNDARIES OF THE SOUTH BEND CENTRAL
DEVELOPMENT AREA, REDECLARING THE AREA AS EXPANDED TO BE
BLIGHTED, EXPANDING THE ALLOCATION AREA FOR PURPOSES OF TAX
INCREMENT FINANCING, AMENDING THE DEVELOPMENT PLAN AND
REAPPROVING THE DEVELOPMENT PLAN AS AMENDED
WHEREAS, the City of South Bend Redevelopment Commission ( "Com-
mission"); governing body of the City of South Bend Department of
Redevelopment ( "Department ") on May 10, 1985, adopted Resolution No.
737 declaring the following area in the City of South Bend, Indiana
("City"'), designated as the South Bend Central Development Area to be
a blighted area within the meaning of the Redevelopment of Cities and
Towns Act-of 1953, as amended (Indiana Code 36 -7 -14) ( "Act "):
A parcel of land being a part of the City of
South Bend, Portage Township, St. Joseph County,
Indiana and being more particularly described as
follows, viz:
a
Beginning at the point of intersection of the
south right -of -way line of Sample Street with-
the west right -of -way line of Michigan Street,' °'
thence north along said west right -of -way lines ^;
of Michigan Street to its intersection with th4-
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northerly line of the Conrail Railroad (formerly;
- -_
Penn Central) right -of -way; thence northwesterly
'
along said northerly railroad right -of -way line
to its intersection with the southerly projec-
tion of the west right -of -way line of Taylor
Street; thence north along said west right -of-
way line to its intersection with the westerly
projection of the north right -of -way line of
Monroe Street; thence east along said projection
and the north right -of -way line of said Monroe
Street to its intersection with the southerly
projection of the centerline of the first 14
foot alley lying west of Lafayette Boulevard;
thence north along said projection and the cen-
terline of said 14 foot alley to the south
right -of -way line of Washington Street; thence
west along said south right -of -way line to the
east right -of -way line of William Street; thence
north along said east right -of -way line to the
north right -of -way line of Colfax Avenue; thence
east along said north right -of -way line to the
centerline of the first 14 foot alley lying west
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of Lafayette Boulevard; thence north along said
centerline, in certain places being sometimes
known as St. James Court, to the north right -of-
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way line of LaSalle Street; thence east along
said north right -of -way line to the west right -
of -way line of Michigan Street; thence north
along said west right -of -way line to the wes-
terly projection of the north line of Lot 111 in
the Original Plat to the Town, now City of South
Bend; thence east along said projection, the
north line of said Lot 111 and its easterly
projection to the centerline of the St. Joseph
River; thence meandering northeasterly and north-
westerly along said centerline to the westerly
projection of the south right -of -way line of
Corby Street; thence east along said projection
and the south right -of -way line of said Corby
Street to the centerline of the first 14 foot
alley lying west of Hill Street; thence south
along said centerline to the north right -of -way
line of Crescent Avenue; thence southeasterly to
the point of intersection of the south right -of-
way line of said Crescent Avenue with the center-
line of the first 14 foot alley lying west of
said Hill Street; thence southeasterly, south-
westerly and south along the centerline of said
alley to the centerline of the first 14 foot
alley lying north of Cedar Street; thence east
co along said centerline to the centerline of the
first 14 foot alley lying east of Hill Street;
thence south along said centerline to the south
right -of -way line of Jefferson Boulevard; thence
west along said south right -of -way line to the
centerline of the St. Joseph River; thence south-
easterly along said centerline to the easterly
projection of the southerly right -of -way line of
Monroe Street; thence southwesterly along said
projection and the southerly right -of -way line
of Monroe Street to the easterly right -of -way
line of Lincolnway East (U.S. Highway #33);
thence southeasterly along said easterly right-
of-way line to the south right -of -way line of
Sample Street; thence west along said south
right -of -way line to the place of beginning.
WHEREAS, Resolution No. 737 and the South Bend Central Develop-
ment Area Plan ( "Development Plan ") adopted by Resolution No. 737 on
May 10, 1985, were confirmed by Resolution No. 739 adopted on June
14, 1985; and
WHEREAS, Resolution No. 737 was amended by Resolution No. 745,
adopted on August 9, 1985 and confirmed by Resolution No. 750,
adopted on September 30, 1985; and
WHEREAS, Resolution No. 737 was further amended by Resolution No.
751, adopted on November 8, 1985 and confirmed by Resolution No. 757,
adopted December 20, 1985; and
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WHEREAS, Resolution No. 737 was further amended by Resolution No.
795, adopted on February 27, 1987, and confirmed by Resolution No.
798, adopted April 10, 1987; and
WHEREAS, Resolution No. 737 was further amended by Resolution No.
800, adopted on April 24, 1987, and confirmed by Resolution No. 803,
adopted on June 26, 1987; and
WHEREAS, the Commission has previously caused to be prepared maps
and plats of the South Bend Central Development Area, has supple-
mented the maps and plats of said area and has caused to be prepared
maps and plats of an additional blighted area immediately adjacent to
the South Bend Central Development Area ( "Expansion Area No. 111),
said maps and plats of the South Bend Central Development Area and
Expansion Area No. 1 show the boundaries of said areas, the location
of the various parcels of property, streets, alleys and other fea-
tures affecting the acquisition, clearance, replatting, replanning,
rezoning or redevelopment of said areas and the parts of the areas
acquired that are to be devoted to public ways, levys, sewerage,
parks, playgrounds and other public purposes under the plan for the
redevelopment of the South Bend Central Development Area and Expan-
sion Area No. 1 as adopted herein, which Expansion Area No. 1 is more
particularly described as follows:
A part of Vail's Southwest Addition to South
co Bend as shown on the Recorded Plat thereof, in
the St. Joseph County, Indiana, Recorder's
Office; more particularly described as follows:
Beginning at the southwest corner of Lot 16,
Block 7 of said Vail's Southwest Addition;
thence north along the east line of Taylor
Street to the centerline of a vacated 14 foot
east -west Alley between Lots 12 and 13; 4 and 5,
Block 7 of said Vail's Southwest Addition;
thence east along the said centerline to a point
on the said centerline that is 93.00 feet west
of the east line of Williams Street; thence
south parallel with the west line of Williams
Street, 114.00 feet; thence east 93.00 feet to a
point on the east line of Williams Street, said
point being 8.00 feet south of the southwest
corner of Lot 14, Block 8, of said Vail's
Southwest Addition and the beginning of vacated
Williams Street to the south; thence north 8.00
feet along the east line of Williams Street to
the said southwest corner of Lot 14, Block 8;
thence east along the south line of said Lot 14,
Block 8, to the southwest corner of Lot 6, Block
8; thence southeasterly to a point on the east
line of Lot 31 of said Vail's Southwest
Addition, said point being 25.00 feet north of
the southeast corner of said Lot 31; thence
south along the east line of Lot 31 to the north
line of vacated Monroe Street; thence west along
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the north line of vacated Monroe Street to the
Point of Beginning. This tract contains 1.9
acres, more or less.
WHEREAS, a list of the owners of the parcels of property in the
Area proposed to be acquired has been prepared, and separate ap-
praisals by at least two (2) independent appraisers of the fair value
of the parcels of property in the Area proposed to be acquired have
been prepared; and
WHEREAS, the Commission desires to further amend Resolution No.
737 by expanding the South Bend Central Development Area to include
Expansion Area No. 1 (the South Bend Central Development Area and
Expansion Area No. 1 are referred to hereafter as the "Area ") so as
to facilitate and enhance the replanning, redevelopment and dispo-
sition of property within the Area; and
WHEREAS, upon surveys, investigations and studies being made, the
Commission finds that the Area is blighted to an extent that such
blighting conditions cannot be corrected by regulatory processes or
by the ordinary operations of private enterprise without resort to
the provisions of the Act, and that the public health and welfare
would be benefited by the acquisition and continued redevelopment of
such Area under the provisions of the Act; and
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WHEREAS, Section 39 of the Act permits the creation of an allo-
cation area within a blighted area to provide for the allocation and
distribution, as provided in the Act, of the proceeds of taxes levied
on property situated in the allocation area; and
WHEREAS, the Commission, in accordance with the Act has pre-
viously established the South Bend Central Allocation Area (South
Bend Allocation Area No. 1A) and now desires to expand the boundaries
of the South Bend Central Allocation Area (South Bend Allocation Area
No. 1A) to include Expansion Area No. 1 (South Bend Central
Allocation Area (South Bend Allocation Area No. 1A) as expanded is
referred to hereafter as the "Allocation Area "); and
WHEREAS, there was presented to this meeting of the Commission
for its consideration and approval an amendment to the Development
Plan setting out the boundaries of the Area and further identifying
the types of redevelopment projects and purposes to be undertaken in
the Area (the Development Plan as amended is hereinafter referred to
as the "Plan "), which Plan is entitled:
"South Bend Central Development Area
DEVELOPMENT PLAN
SOUTH BEND, INDIANA"
and consists of a typewritten document; and
WHEREAS, the Plan has been reviewed and considered at the
meeting; and
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WHEREAS, Title VI of the Civil Rights Act of 1964, and the regu-
lations of the Department of Housing and Urban Development (HUD)
effectuating that title, provide that no person shall, on the ground
of race, color, sex, or national origin, be excluded from participa-
tion in, be denied the benefits of, or be subjected to discrimination
in the undertaking and carrying out of projects financed in whole or
in part by HUD.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF
REDEVELOPMENT, AS FOLLOWS:
1. The South Bend Central Development Area is hereby expanded
to include Expansion Area No. 1 and the South Bend Central Develop-
ment Area, as expanded, is to be known hereafter as the "South Bend
Central Development Area" and is described as follows:
A parcel of land being a part of the City of
South Bend, Portage Township, St. Joseph County,
Indiana and being more particularly described as
follows, viz:
Beginning at the point of intersection of the
south right -of -way line of Sample Street with
the west right -of -way line of Michigan Street;
thence north along said west right -of -way line
of Michigan Street to its intersection with the
northerly line of the Conrail Railroad (formerly
Penn Central) right -of -way; thence northwesterly
along said northerly railroad right -of -way line
to its intersection with the southerly projec-
tion of the west right -of -way line of Taylor
Street; thence north along said west
right -of -way line to its intersection with the
westerly projection of the north right -of -way
line of vacated Monroe Street; thence east along
the said projected right -of- way line to the
intersection with the east right -of -way line of
Taylor Street said point also being the
southwest corner of Lot 16, Block 7 of Vail's
Southwest Addition to the City of South Bend;
thence north along the said east right -of -way
line to the intersection with the centerline of
the first 14 -foot, vacated, alley lying north of
vacated Monroe Street; thence east along the
said centerline to a point on the said
centerline that is 93.00 feet west of the east
right- of-way line of Williams Street; thence
south parallel with the west right -of -way line
of Williams Street, 114.00 feet; thence east
93.00 feet to a point on the east right -of -way
line of Williams Street, said point being 8.00
feet south of the southwest corner of Lot 14,
Block 8, of said Vail's Southwest Addition and
the beginning of vacated Williams Street to the
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south; thence north 8.00 feet along the east
line of Williams Street to the said southwest
corner of Lot 14, Block 8; thence east along the
south line of said Lot 14, Block 8, to the
southwest corner of Lot 6, Block 8; thence
bo southeasterly to a point on the east line of Lot
31 of said Vail's Southwest Addition, said point
being 25.00 feet north of the southeast corner
of said Lot 31; thence south along the east line
of Lot 31 to the north right -of -way line of
vacated Monroe Street; thence east along the
north right -of -way line of said vacated Monroe
Street to its intersection with the southerly
projection of the centerline of the first 14
foot alley lying west of Lafayette Boulevard;
thence north along said projection and the
centerline of said 14 foot alley to the south
right -of -way line of Washington Street; thence
west along said south right -of -way line to the
east right -of -way line of William Street; thence
north along said east right -of -way line to the
north right -of -way line of Colfax Avenue; thence
east along said north right -of -way line to the
centerline of the first 14 foot alley lying west
of Lafayette Boulevard; thence north along said
centerline, in certain places being sometimes
known as St. James Court, to the north
right -of -way line of LaSalle Street; thence east
along said north right -of -way line to the west
right -of -way line of Michigan Street; thence
north along said west right -of -way line to the
westerly projection of the north line of Lot 111
in the Original Plat to the Town, now City of
South Bend; thence east along said projection,
the north line of said Lot 111 and its easterly
projection to the centerline of the St. Joseph
River; thence meandering northeasterly and
northwesterly along said centerline to the
westerly projection of the south right -of -way
line of Corby Street; thence east along said
projection and the south right -of -way line of
said Corby Street to the centerline of the first
14 foot alley lying west of Hill Street; thence
south along said centerline to the north right-
of-way line of Crescent Avenue; thence south-
easterly to the point of intersection of the
south right -of -way line of said Crescent Avenue
with the centerline of the first 14 foot alley
lying west of said Hill Street; thence south-
easterly, southwesterly and south along the
centerline of said alley to the centerline of
the first 14 foot alley lying north of Cedar
Street; thence east along said centerline to the
centerline of the first 14 foot alley lying east
of Hill Street; thence south along said center -
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line to the south right- of -way line of Jeffer-
son Boulevard; thence west along said south
right -of -way line to the centerline of the St.
Joseph River; thence southeasterly along said
centerline to the easterly projection of the
southerly right -of -way line of Monroe Street;
thence southwesterly along said projection and
the southerly right -of -way line of Monroe Street
to the easterly right -of -way line of Lincolnway
east (U.S. Highway #33); thence southeasterly
along said easterly right- of -way line to the
south right -of -way line of Sample Street; thence
west along said south right -of -way line to the
place of beginning.
2. The Area is blighted to an extent that cannot be corrected
by regulatory processes or the ordinary operations of private enter-
prise without resort to the Act and it is a menace to the social
and economic interests of the City of South Bend and its inhabi-
tants and it will be of public utility and benefit, and the public
health and welfare will be benefited by the acquisition and
redevelopment of the Area under the provisions of the Act.
3. The South Bend Central Allocation Area (South Bend Alloca-
tion Area No. 1A) is hereby expanded to include Expansion Area No.
1 so that the boundaries of the Allocation Area and the Area are
coterminous. Any taxes levied on property imposed under IC 6 -1.1
in the Allocation Area shall be allocated, distributed and used as
provided in Resolution No. 737, as amended, and the Act. The base
assessment date for Expansion Area No. 1, for purposes of the Act,
is March 1, 1988. The Allocation Area shall be hereafter known as
"South Bend Central Allocation Area (South Bend Central Allocation
Area No. 1A)."
4. All of the Area will be acquired, except as indicated on
the maps and plats referred to above and the estimated cost of
acquiring that part of the Area to be acquired, as determined by
taking the average of the two(2) separate appraisals made by the
independent appraisers, as set out in Resolution No. 737, as pre-
viously amended.
5. Based on evidence now submitted to the Commission, the
Commission finds and determines that there is a substantial pre-
sence in the Area of excessive vacant land on which structures were
previously located, abandoned or vacant buildings, old buildings,
excessive vacancies, substandard structures, and delinquency in
10payment of property taxes.
6. The Area consists of four hundred forty -nine (449) acres
and is contiguous and compact.
7. To the extent that qualified redevelopment bonds under Sec-
tion 144(c) of the Internal Revenue Code of 1986 are issued to pay
for all or part of the redevelopment within the Area, the use of
the proceeds of such bond issue shall be limited as required by
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Section 144(c), and no use of the property within the Area shall be
allowed which use would be prohibited by Section 144(c).
Ark 8. The assessed value of real property in the Area when added
to the assessed value of the real property located in all redevelop-
ment areas does not exceed (20 %) of the total assessed value of the
real property located in the City of South Bend.
9. The Commission hereby adopts and approves the Plan and
directs the Secretary to file a certified copy of the Plan with the
minutes of this meeting.
10. All other findings, determinations, and conclusions in
Resolution No. 737 shall remain as stated therein, except as
amended previously by the Resolutions cited in the whereas clauses
herein.
11. It is hereby found and determined that the objectives of
the Plan cannot be achieved through more extensive rehabilitation
of the Area.
12. The Secretary is directed to file certified copies of this
resolution with the St. Joseph County Auditor and the Portage
Township Assessor.
APK 13. The United States and HUD are assured of full compliance
by the Commission and the Department with HUD regulations effec-
tuating Title VI of the Civil Rights Act of 1964, as amended.
14. This resolution, together with supporting data, shall be
submitted to the Area Plan Commission of St. Joseph County and the
Common Council of the City, as provided by IC 36- 7 -14 -16 and IC
36- 7- 14 -17, for their approval of the resolution and Plan, and if
approved by both bodies, the resolution and Plan shall be submitted
to public hearing and remonstrance as provided by IC 36- 7 -14 -17 and
IC 5 -3 -1.
15. All orders or resolutions in conflict herewith are hereby
rescinded, revoked, and repealed insofar as such conflict exists.
16. This resolution does not affect any rights or liabilities
accrued, penalties incurred, offense committed, or proceedings
begun before the effective date of this resolution. Those rights,
liabilities, penalties, and proceedings continue and shall be im-
posed and enforced under superseded resolutions as if this resolu-
tion had not been enacted.
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A
Adopted at a meeting of the South Bend Redevelopment Commission
held on March 11, 1988, at the Office of the Commission, 1200
County -City Building, 227 west Jefferson Boulevard, South Bend,
Indiana.
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF REDEVELOPMENT
B
F. Jay Ni tz, P esident
ATTEST:
Roman Piasecki, Secretary
om
:,.III. LAND USE
A. Designation of Sub -Areas
1. Central Business District
a. Area A: This area forms the principal service
commercial, retail commercial and public core of the Central
Business District. The basic objective to be realized in this area
is high density development. Parking needs for this area shall be
met within the context of an overall municipal parking plan which
may include, without limitation, any one or more of the parking
facilities generally described in the Michigan Street Corridor Plan
and incorporated herein by reference. This area will contain the
greatest concentration of public- ;i`riip`rovem?epts and will adequately
meet the requirements of pedestriari-ftirculation. Vehicular
circulation patterns shall be designed in such a manner as to
maximize accessibility and visibility of destination points.
Residential uses which conform to local ordinance and code
regulations will also be permitted.
b. Area B: This area shall retain its present basic
function as a secondary service commercial and retail commercial
area. Less emphasis shall be placed on high density development
within this area. Parks and recreational uses will be permitted
within this area including, without limitation, a stadium or other
structure to be used for athletic, recreational, cultural and
community events located at 501 South Street. Parking requirements
Ask
shall be met by on -site parking provisions as required by local
ordinance and by on- street parking.
C. Area C: This area shall retain its present
function of providing a cultural /convention center for the
community. The balance of this area shall be retained for use as
public parks, river walkways and recreational amenities. Parking
facilities to serve the needs of the cultural /convention center will
be provided to a limited degree within the area itself. Such
parking will meet the short term needs of the public. Longer term
parking facilities to serve the area will be provided within the
context of the overall parking plan for the downtown core area.
Pedestrian circulation patterns within the area shall be developed
in such a manner to enhance the relationship of the
cultural /convention center to the downtown core area and to the East
Bank.
d. Area D: This area shall retain its function as a
lower density office park development. Parking requirements in this
area shall be met on -site. Considerable land area shall be devoted
to open and landscaped spaces. Public walkways and recreational
amenities shall be maintained along the river frontage of this area,
as well as a pedestrian bridge connecting this area to the
recreational development on the eastern side of the St. Joseph
River. Additionally, the southeastern portion of this area shall
maintain its function as the regional postal facility along with
public, pedestrian and parking amenities.
e. Area E: This area is comprised of three similarly
functioning sub - areas. These areas shall be devoted to high density
residential use and related commercial facilities. Parking for
these areas shall be provided on -site.
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