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HomeMy WebLinkAboutNo. 0818 designating the WWCDA, declaring the WWCDA to be blighted, approving a development plan and conditions under which relocation payments will be made, and establishing an allocation area for purposes of tax incremental financingF-0 Ln RESOLUTION NO. 818 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION DESIGNATING THE WEST WASHINGTON - CHAPIN DEVELOPMENT AREA, DECLARING THE WEST WASHINGTON - CHAPIN DEVELOPMENT AREA TO BE BLIGHTED, APPROVING A DEVELOPMENT PLAN AND CONDITIONS UNDER WHICH RELOCATION PAYMENTS WILL BE MADE, AND ESTABLISHING AN ALLOCATION AREA FOR PURPOSES OF TAX INCREMENTAL FINANCING. WHEREAS, the South Bend Redevelopment Commission (Commission) is the governing board of the South Bend, Indiana, Department of Redevelopment (Department), and exists and operates under the provisions of Indiana Code 36- 7 -14 -1, et seq., as amended from time to time (Act); and WHEREAS, the Department has conducted surveys and investigations and has thoroughly studied that area within South Bend hereby designated as the West Washington- Chapin Development Area (Area), more particularly described as followed: 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: COMMENCING at the point of intersection of Western Avenue and William Street; thence North along the centerline of William Street to the Easterly projection of the Southerly right -of -way of the first 14 foot alley; of which BEING the Point of Beginning; BEGINNING at the point of intersection of the described projected Southerly alley right -of -way; thence Westerly along the South right -of -way line to the intersection of the West right -of -way line l*)�. of Taylor Street; thence North along the West r`t right -of -way line of Taylor Street, to the intersection of the South right -of -way line of ."y:' Wayne Street; thence West along the South A right -of -way line of Wayne Street, to the intersection of the East right -of -way line of Scott Street; thence South along the East right -of -way line, to the intersection of the Easterly projected South right -of -way line of Napier Street; thence West along the South right -of -way line of Napier Street, to the intersection of the centerline of the first 14 foot North -South alley; thence South along the centerline of said 14 foot alley, to the projected Southerly right -of -way line, to the first 14 foot East -West alley; thence West along the projected and South right -of -way line of said alley, to the intersection of the West right -of -way line of Walnut Street; thence South along the East right -of -way line of Walnut Street, to the intersection of the North right -of -way line of the Conrail Railroad (formerly known as the Penn Central Railroad); thence Northwesterly along the North right -of -way line of said Conrail Railroad property, and projecting beyond Olive Street, and intersecting a projected centerline of the first North -South 14 foot alley, West of Olive Street (now noted as Block W12- Parcel 1); thence North along the projected and centerline of said North -South 14 foot alley, to the intersection of the North right -of -way line of Orange Street; thence East along the North right -of -way line of Orange Street, to the intersection of the East - 1 - �P right -of -way line of Olive Street; thence North along the East right -of -way line of Olive Street, to the intersection of the South right -of -way line of Linden Street; thence East along the South right -of -way line of Linden Street, to the intersection of the West right -of -way line of Sadie Street; thence South along the West right -of -way line of Sadie Street, to the intersection of the North property line of Lot 77, in the Arnold's Second Addition, to the City of South Bend (now noted as Block W2- Parcel 21); thence East along a projected line of said Lot 77, also along the North line of Lot 56 of said Arnold's Second Addition (now noted as Block W3- Parcel 1); thence continuing East along the North line of Lots 34, 53, and 12, of Oak Grove Addition (now noted as Block W3- Parcel 2, Block W4- Parcel 1 and Parcel 2); to the intersection of the West right -of -way line of O'Brien Street; thence North along the West right -of -way line of O'Brien Street, to the intersection of the projected North property line of Lot 2, also of Oak Grove Addition; thence East along the projected and North line of Lot 2 (now noted as Block W5- Parcel 1); to the East right -of -way line of Grant Street; thence South along the East right -of -way line of Grant Street, to the approximate mid -point of Lot 19, of College Grove Addition (now noted as Block W6- Parcel 1); thence East along a line, and the approximate mid -point of Lot 19, to the East right -of -way line of Johnson Street; thence North to the intersection of a point, being the South line of the approximate North one -third of Lot 20 (now noted as Block W7- Parcel 1); thence east along a line projected to an approximate mid -point at Lot 20; thence North along a projected line to the North property line of said Lot 20; thence East along the North property line of Lot 20, and projected to the East right -of -way line of Brookfield Street; thence South along the East right -of -way line, to a point being the approximate mid -point of Lot 21 (now noted as Block W8- Parcel 1); thence East along an approximate mid -point line and projecting East, to the intersection of the West right -of -way line of College Street; thence North along the West right -of -way line of College Street, to the ID intersection of the South right -of -way line of Linden Street; thence East along the South right -of -way line of Linden Street, to the intersection of the East right -of -way line of Birdsell Street; thence South along the East right -of -way line of Birdsell Street, to the intersection of the North property line of Lot 25, of Arnold & Pagin's Subdivision (now noted as Block W21- Parcel 1); thence East along the North property line of said Lot 25, to the intersection of the centerline of the first 17 foot North -South alley; thence South along the centerline of said alley, to the intersection of the centerline of the first East -West 16.5 foot alley; thence East along the centerline of said alley, to the intersection of the West right -of -way line of Studebaker Street; thence North to the intersection of a projected North right -of -way line of Hine Street; thence East along the projected and North line of Hine Street, to the intersection of the East right -of -way line of Walnut Street; thence South along the East right -of -way line of Walnut Street, to the intersection of the South property line of the City Cemetery; thence East along the South line of said Cemetery, to the - 2 - intersection of the East property line of said Cemetery; thence North along the East property line of said Cemetery, to a point approximately 39 feet North of the Northwest corner of Lot 6 of Kuespert & Sommer's Addition (now noted as Block W44- Parcel 7); thence Northeasterly along a projected line to the intersection of the centerline of LaPorte Avenue; thence Northwesterly along the centerline of LaPorte Avenue, to the intersection of the projected centerline of the first East -West alley lying North of LaSalle Court; thence East along the centerline of said alley, to the intersection of the West property line of Lot 1, of Horatio Chapin Subdivision; thence South along the West property line of said Lot 1, to the Northwest corner of Lot 3, of Horatio Chapin Subdivision (now noted as Block W52- Parcel 6); thence Southeasterly along the North Property lines of Lots 3, 5, 7, 9, and 11 (now noted as Block W52 - Parcels 6, 7, 8, 9, and 10); to the intersection of the centerline of William Street; thence South along the centerline of William Street to the Point of Beginning. WHEREAS, upon such surveys, investigations, and studies being made, the Commission finds that the Area has become blighted to an It extent that such blighting conditions cannot be corrected by regulatory process 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 benefitted by acquisition in and redevelopment of such Area under the provisions of the Act; and WHEREAS, the Commission has caused to be prepared maps and plats showing the boundaries of the Area, 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 that, at this time, no parcels of property in the Area will be acquired by the Commission, and the parts of the Area that are to be devoted to public ways, levees, sewerage, parks, playgrounds, and other public purposes under the redevelopment plan for the Area; and WHEREAS, lists have been prepared indicating that no parcels of property are proposed to be acquired within the Area, and therefore that no appraisals have been made of the fair market value of any parcels in the Area at this time; and WHEREAS, there was presented to this meeting of the Commission it for its consideration and approval, a copy of the development plan for the Area, dated October 23, 1987, which plan is entitled West Washington- Chapin Development Plan, South Bend, Indiana (Plan); and WHEREAS, the Plan and the conditions under which the Commission will make relocation payments have been reviewed and considered by the Commission, and the Commission has developed a relocation policy to address relocation needs for the Area; and WHEREAS, Title VI of the Civil Rights Act of 1964, as amended, and the regulations of the United States Department of Housing and Urban Development (HUD) effectuating that title, provide that no person shall, on the grounds of race, age, sex, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination in the undertaking and carrying out of any federally assisted project. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, AS FOLLOWS; 1. The West Washington- Chapin Development Area (Area), which is described in the first "WHEREAS" clause hereof, is blighted and constitutes a menace to the social and economic interest of the City of South Bend (City) and its inhabitants, and it will be of public utility and benefit to acquire real estate in the Area in the future and to redevelop the Area under the provisions of the Act. 3 - 2. The Plan, attached hereto and incorporated herein, is hereby adopted as the plan for the redevelopment of the Area. 3. The previously prepared maps and plats showing the boundaries of the Area, 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 any parcels of property to be excluded from acquisition, and indicating the parts of the Area to be devoted to public ways, levees, sewerage, parks, playgrounds, and other public purposes under the Plan are hereby approved. 4. The previously prepared list indicating that no parcels of property within the Area to be acquired at the present time is hereby approved. 5. The estimated cost of acquiring property in the Area, as determined by taking the average of two separate appraisals made by independent appraisers, is $0. 6. In determining the location and extent of the Area proposed to be acquired for redevelopment, the Commission has given consideration to transitional and permanent provisions for adequate housing for the residents of the Area who will be displaced by this redevelopment project, and the Commission hereby adopts the South Bend Central Relocation Policy as the policy by which the Commission will be guided in providing for such persons displaced by action of the Commission. 7. Based on evidence now submitted to the Commission, the Commission finds and determines that there is a substantial presence in the Area of excessive vacant land on which structures were located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures, and delinquency in payment of real property taxes. 8. The Area is blighted and constitutes a menace to the social and economic interest of the City of South Bend and its inhabitants, and it will be of public utility and benefit to acquire land within such area and to redevelop it under the Act. 9. The Area consists of approximately two hundred twenty (220) acres and is contiguous and compact. 10. To the extent that qualified redevelopment bonds under Section 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 Section 144(c). 11. The assessed value of real property in the Area when added to the assessed value of the real property located in all redevelopment areas does not exceed twenty percent (20 %) of the total assessed value of the real property located in the City of South Bend. 12. The Commission finds that the objectives of the Plan cannot be achieved through more extensive rehabilitation of the Area. 13. The Plan is in all respects approved, and the Secretary is directed to file a certified copy of the Plan with the minutes of this meeting and to record a certified copy of the Plan in the office of the Recorder of St. Joseph County, Indiana. 14. For purposes of the allocation provisions of the Act, as authorized by I.C. 36- 7- 14 -39, the Area is hereby designated as West Washington- Chapin Allocation Area (South Bend Allocation Area No. 7), more particularly 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: - 4 - COMMENCING at the point of intersection of Western Avenue and William Street; thence North along the centerline of William Street to the Easterly projection of the Southerly right -of -way of the first 14 foot alley; of which BEING the Point of Beginning; BEGINNING at the point of intersection of the described projected Southerly alley right -of -way; thence Westerly along the'South right -of -way line to the intersection of the West right -of -way line of Taylor Street; thence North along the West right -of -way line of Taylor Street, to the intersection of the South right -of -way line of Wayne Street; thence West along the South right -of -way line of Wayne Street, to the intersection of the East right -of -way line of Scott Street; thence South along the East right -of -way line, to the intersection of the Easterly projected South right -of -way line of Napier Street; thence West along the South right -of -way line of Napier Street, to the intersection of the centerline of the first 14 foot North -South alley; thence South along the centerline of said 14 foot alley, to the projected Southerly right -of -way line, to the first 14 foot East -West alley; thence West along the projected and South right -of -way line of said alley, to the intersection of the West right -of -way line of Walnut Street; thence South along the East right -of -way line of Walnut Street, to the intersection of the North right -of -way line of the Conrail Railroad (formerly known as the Penn Central Railroad); thence Northwesterly along the North right -of -way line of said Conrail Railroad property, and projecting beyond Olive Street, and intersecting a projected centerline of the first North -South 14 foot alley, West of Olive Street (now noted as Block W12- Parcel 1); thence North along the projected and centerline of said North -South 14 foot alley, to the intersection of the North right -of -way line of Orange Street, thence East along the North right -of -way line of Orange Street, to the intersection of the East right -of -way line of Olive Street; thence North along the East right -of -way line of Olive Street, to the intersection of the South right -of -way line of Linden Street; thence East along the South right -of -way line of Linden Street, to the intersection of the West right -of -way line of Sadie Street; thence South along the West right -of -way line of Sadie Street, to the intersection of the North property line of Lot 77, in the Arnold's Second Addition, to the City of South Bend (now noted as Block W2- Parcel 21); thence East along a projected line of said Lot 77, also along the North line of Lot 56 of said Arnold's Second Addition (now noted as Block W3- Parcel 1); thence continuing East along the North line of Lots 34, 53, and 12, of Oak Grove Addition (now noted as Block W3- Parcel 2, Block W4- Parcel 1 and Parcel 2); to the intersection of the West right -of -way line of Obrien Street; thence North along the West right -of -way line of Obrien Street, to the intersection of the projected North property line of Lot 2, also of Oak Grove Addition; thence East along the projected and North line of Lot 2 (now noted as Block W5- Parcel 1); to the East right -of -way line of Grant Street; thence South along the East `✓ right -of -way line of Grant Street, to the approximate mid -point of Lot 19, of College Grove Addition (now noted as Block W6- Parcel 1); thence East along a line, and the approximate - 5 - mid -point of Lot 19, to the East right -of -way line of Johnson Street; thence North to the intersection of a point, being the South line of the approximate North one -third of Lot 20 (now noted as Block W7- Parcel 1); thence east along a line projected to an approximate mid -point at Lot 20; thence North along a projected line to the North property line of said Lot 20; thence East along the North property line of Lot 20, and projected to the East right -of -way line of Brookfield Street; thence South along the East right -of -way line, to a point being the approximate mid -point of Lot 21 (now noted as Block W8- Parcel 1); thence East along a approximate mid -point line and projecting East, to the intersection of the West right -of -way line of College Street; thence North along the West right -of -way line of College Street, to the intersection of the South right -of -way line of Linden Street; thence East along the South right -of -way line of Linden Street, to the intersection of the East right -of -way line of Birdsell Street; thence South along the East right -of -way line of Birdsell Street, to the intersection of the North property line of Lot 25, of Arnold & Pagin's Subdivision (now noted as Block W21- Parcel 1); thence East along the North property line of said Lot 25, to the intersection of the centerline of the first 17 foot North -South alley; thence South along the centerline of said alley, to the intersection of the centerline of the first East -West 16.5 foot alley; thence East along the centerline of said alley, to the intersection of the West right -of -way line of Studebaker Street; thence North to the intersection of a projected North right -of -way line of Hine Street; thence East along the projected and North line of Hine Street, to the intersection of the East right -of -way line of Walnut Street; thence South along the East right -of -way line of Walnut Street, to the intersection of the South property line of the City Cemetery; thence East along the South line of said Cemetery, to the intersection of the East property line of said Cemetery; thence North along the East property line of said Cemetery, to a point approximately 39 feet North of the Northwest corner of Lot 6 of Kuespert & Sommer's Addition (now noted as Block W44- Parcel 7); thence Northeasterly along a projected line to the intersection of the centerline of LaPorte Avenue; thence Northwesterly along the centerline of LaPorte Avenue, to the intersection of the projected centerline of the first East -West alley lying North of LaSalle Court; thence East along the centerline of said alley, to the intersection of the West property line of Lot 1, of Horatio Chapin Subdivision; thence South along the West property line of said Lot 1, to the Northwest corner of Lot 3, of Horatio Chapin Subdivision (now noted as Block W52- Parcel 6); thence Southeasterly along the North Property lines of Lots 3, 5, 7, 9, and 11 (now noted as Block W52 - Parcels 6, 7, 8, 9, and 10); to the intersection of the centerline of William Street; thence South along the centerline of William Street to the Point of Beginning. Ask 15. Any taxes levied on real property imposed under I.C. 6 -1.1 in the West Washington- Chapin Allocation Area (South Bend Allocation Area No. 7) (Allocation Area) in 1987, for collection in 1988, and thereafter, except as hereinafter provided, for the benefit of any public body - 6 - entitled to a distribution thereof, shall be allocated and distributed as provided in the allocation and distribution provisions of the Act, and more particularly as follows: (a) the proceeds of the taxes attributable to the lesser of: (1) the assessed value of the property for the assessment date with respect to which the allocation and distribution is made; or (2) the base assessed value as defined by I.C. 36- 7- 14- 39(a), shall be allocated to, and when collected shall be paid into the funds of the respective taxing units entitled to a distribution of such taxes. (b) The property tax proceeds in excess of those described in subparagraph (a) above shall be allocated to the South Bend redevelopment district and when collected paid into a Special Fund, hereby created, for the West Washington- Chapin Allocation Area, to be known as West Washington- Chapin Allocation Area (South Bend Allocation Area No. 7) Special Fund (Special Fund), that may be used by the Commission only to: (1) Pay the principal of and interest on any obligations payable solely from allocated tax proceeds which are incurred from the redevelopment district for the purpose of financing or refinancing the redevelopment of the Allocation Area; (2) Establish, augment, or restore the debt service reserve for bonds payable solely or in part from allocated tax proceeds in the Allocation Area; (3) Pay the principal of and interest on bonds payable from allocated tax proceeds in the Allocation Area and from the special tax levied under I.C.36- 7- 14 -27; (4) Pay the principal of and interest on bonds issued by the City to pay for local public improvements in the Allocation Area; (5) Pay premiums on the redemption before maturity of bonds payable solely or in part from allocated tax proceeds in the Allocation Area; (6) Reimburse the City for expenditures made by it for local public improvements (which include buildings, parking facilities, and other items described in IC.36- 7- 14- 25.1(a)) in the Allocation Area; and (7) Reimburse the City for rentals paid by it for a building or parking facility in the Allocation Area under any lease entered into under IC 36 -1 -10; provided, however, that if future uses of property tax proceeds allocated to the Special Fund are authorized or permitted by amendment to the Act, including I.C. 36- 7- 14 -39, after the effective date of this resolution, those uses shall also be authorized or permitted for property tax proceeds allocated to the Special Fund; and further provided that the Special Fund may not be used for operating expenses of the Commission. 16. Inasmuch as a portion of the West Washington- Chapin Allocation Area (South Bend Allocation Area No. 7) is located within an enterprise zone created under I.C. - 7 - ;V 1. 4- 4- 4 -6.1, the provisions of I.C. 36- 7- 14 -39(g) shall apply to the use and allocation of proceeds in excess of those described in subsection 15(a) of this resolution. 17. When the funds and lb longer needed for purposes permitted in parographs 15 and 16 above, money in the Special Fund in,-e�cess of that amount shall be paid to the respecto'e "taxing units in the manner prescribed I.0 ,X,16-7-14-39(b)(1). 18. "Property taxes" and "property tax proceeds" as used in this resolution shall mean taxes imposed under I.C.6 -1.1 on real property. 19. The Secretary is directed to file certified copies of this Resolution with the St. Joseph County Auditor and the Portage Township Assessor. 20. The United States and HUD are assured of full compliance by the Commission and the Department with HUD regulations effectuating Title VI of the Civil Rights Act of 1964, as amended. 21. 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 of South Bend, as provided by I.C. 36- 7- 14 -16, 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 I.C. 36- 7- 14 -17, after public notice in accordance with I.C. 36- 7 -14 -17 and I.C. 5 -3 -1. Adopted at a regular meeting of the South Bend Redevelopment Commission held on October 23, 1987, at the Office of the Commission, 1200 County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601. ATTEST; kh ® an, Roman J. Piasecki, Secretary CITY OF SOUTH BEND, INDIANA DEPARTMENT OF REDEVELOPMENT - 8 - F. Jay N%mtz, -President R-ed-eveloDknent Commission S jr tj C WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN SOUTH BEND, INDIANA OCTOBER 23, 1987 E* Lim C-1 Cb Jft I WEST WASHINGTON- CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN SOUTH BEND, INDIANA TABLE OF CONTENTS 10/23/37 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 HISTORY OF PROJECT AREA . . . . . . . . . . . . . . . . . . . . . 3 DESCRIPTION OF PROJECT . . . . . . . . . . . . . . . . . . . . . 5 A. Boundaries of the Washington -Chapin Development Area B. Goals and Objectives C. Types of Proposed Redevelopment Activities REDEVELOPMENT STRATEGY . . . . . . . . . . . . . . . . . . . . . . 9 A. Land Use B. Public Improvements C. Recoimiendations for Further Study D. Schedule for Implementation WASHINGTON - CHAPIN DESIGN REVIEW COMMITTEE . . . . . . . . . . . . 13 A. Establishment of the Committee B. Terms C. Rules D. Powers and Duties E. Design Guidelines F. Building Permits G. Review H. Amendments to Disapproved Developer's Plan I. Prevention of Speculation J. Adequacy of Zoning and Other Codes and Regulations K. Signs PROTECT PROPOSALS . . . . . . . . . . . . . . . . . . . . . . . . . 16 A. Land Acquisition B. Property Rehabilitation C. Developer's Obligations STATUTORY AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . 18 PROCEDURES FOR CHANGES IN THE APPROVED WASHINGTON- CHAPIN DEVELOPMENT PLAN . . . . . . . . . . . . . . . . . . . . . . . 18 10/23/37 INTRODUCTION The plan that follows represents a general concept for the development and revitalization of the West Washington - Chapin Development Area. It is also the initial step in the development of a Comprehensive Neighborhood Plan for this area. This Plan is the result of many months of discussion between the residents and business people of the neighborhood and representatives of the City of South Bend and the Redevelopment Commission. The partnership that has evolved from these discussions, the determination of the residents, and the commitment of the City of South Bend will all help to ensure the success of this General Development Plan and the more detailed Comprehensive Plan still to come. The West Washington - Chapin Development Area consists of approximately two hundred acres and extends west from the South Bend Central Business District. One of the original neighborhoods of the City, the area has a mixture of residential, commercial, and both light and heavy industrial land use. The City's first National Historic Register District is also within the neighborhood. See Map 1. As with many inner -city neighborhoods throughout the United States, conditions within the Washington - Chapin neighborhood have deteriorated in recent years. This is particularly evident along the two major commercial strips of the neighborhood located along the 1100 through 1400 blocks of West Washington Avenue and the 100 through 300 blocks of South Chapin Street. The condition of the neighborhood, whether good or bad, also affects the areas surrounding the neighborhood. Considering that the West Washington - Chapin Development Area is next to the South Bend Central Business District the revitalization of the West Washington - Chapin Development Area gains even greater significance considering the amount of public and private money that has been invested in the City's Central Business District. Improvement of the West Washington - Chapin Development Area can strengthen these investments as well as encourage further activities in the Downtown. Residents and business owners of the neighborhood joined together to form a non - profit corporation early in 1987 called the West Washington - Chapin Revitalization Project, Inc. The group consists of representatives of the several other non - profit corporations that are active within the neighborhood as well as many concerned residents. The City of South Bend through its Division of Planning and Business Assistance, the South Bend Redevelopment Commission and the West Washington - Chapin Revitalization Project, Inc. jointly decided to proceed with the preparation of this Development Plan as one means of addressing some of the problems of the neighborhood. When adopted, this Plan will provide the mechanism to deal with many of the physical problems and general lack of reinvestment the neighborhood has experienced. The it Development Plan establishes specific development issues that will need to be addressed in the Comprehensive Plan. The Plan also establishes a means of directing development to ensure that it occurs in an orderly manner, is compatible with existing neighborhood uses and is of the highest quality possible. With the adoption of this Plan, the residents of the neighborhood and the City of South BF,nd will be able to take the preliminary steps to make the area a vital residential, commercial, and industrial neighborhood. 10/23/87 WW /6 _1_ '• j _y a W F' �MMM���MMI � a n � oN cnl �\ cn� ; W; a- `j 1S Ji can' a 7_cz)� � o _j m C, z b a P�J� cr /3n� —a a F J < 1 VV > 3nv 1S 3803a a> O bbl / 13 IV nNV l3-1 1 7ArN M r` NVWSl N 1 I / I Iv\ Q L�J is a1 � �a NlHsno 1 3n08 9�I)o1100 ; U N 1 Nvwa3Hs } 3AV Nvwa3H w J _ �w� M � 1S N3�nv N31_1C zl 17, ���� �� J �8 1S NIVI 3NIV B } z 3At' (Y c ONV�3n3 } W n ~ I m ONal3n3n0, o w - 2i z > 3nv OrnOn u w �10 7, is I 0 3 p �///jjj ; s .. z —J ry)bpQO���n NIJVd Z ,3e n '1S a3NV830nis 1S rya r JNb I L I Ell � 1j� �—NIdWI ! —J'�I I w —�I z 1-1I �J I o a V_) a0-lAVl m S o > i m Z a 3 1S old�S PJ� cri LL I �l Z, Hid 3 S C,' 's FIS � I Oz S) IIHNVad, Y. lNNV�� o,i I C!)� SWb'I��IM j C �• II L i__I!.IIII 110 � /`I NIdCIH� ;I 11S i5 0 � '3an �nnvd is ILMMJ 1s � NOSa 0 is r- Wl3 1 n adS Q a 1�-� nN V_M 1 W Els:i", wl p 1nN '<L r1S3 v830n1S > 11 I im l_ 1i7.7-- A863H3 3AV I ry - -3SO I ) w. SWVOt1 �i SwvOV� JiJ�J7b is M� w A A L-111 SA0 u'I 1S a z u�il ¢I Ol I� U v _J �0I W oN�sry r vU NOSNH_0r1 lrvaas ' _I L—J YI N U) I 'NV z { �I iS !N31a7.0 ! c 15 131a8,0�1 / 2 3 1s 1��3nH zl ,2 � 15 poi 11 A3nH1 � i � y� I �L Qo. cl 11311 13 13,S 18 / x I l ! �`Jh CI lr NOW3ad 191, / wl w I T CL YJ ua�' I 67 2 . ! Q ' I �1S ,l S I 1S its 15 S �lc .S 1� I�SS S_ N Q N Q 0 'a L U O cm C s co ^n W G ca C O m co ai L Q C aD Ca O m 01 i S I ! �I t—�i i5 0) w_I _7'i 301F3w 'i5- -2 10/23/87 1 1 1 (u O co L U1 w O 2 CO O cu L HISTORY OF PROJECT AREA The West Washington - Chapin Development Area is located in what is commonly known as the Near West Side Neighborhood in South Bend, Indiana. The Neighborhood is located immediately west of the South Bend Central Business District. See Map 2. One of the earliest additions to South Bend's original 1831 plat, the neighborhood became the site for large homes of many of the community's early industrialists, such as the Studebakers, Olivers, O'Brien, and Birdsells, during the latter part of the 19th Century. With large factories constructed within or very near the neighborhood, the Near West Side also became the location for more modest housing for the many workers employed within these factories. The South Bend community was thriving at this time, having become a major industrial center. By the late 19th Century several commercial districts had developed within the neighborhood along West Washington, Chapin and Western Avenues. Most shopkeepers owned their own businesses and lived in apartments above their stores. Over time the Near West Side Neighborhood changed. Following the Depression and World War II, the neighborhood experienced significant physical and economic decline. Problems of crime, neglect and negative image increased. Property values declined. Gradually upper middle and middle income residents moved out creating a predmominantly low income neighborhood. In recent years, however, some reinvestment has occurred in both the residential and commercial areas of the neighborhood. Attracted by the opportunity of rehabilitating an older home, a number of families and professional offices have moved back into the West Washington Historic District. The City's Bureau of Housing has administered residential loan programs within the neighborhood over the last twelve years. In addition, South Bend Heritage Foundation, a Community Development Block Grant sub- grantee and a non - profit corporation that has been active in the neighborhood over the last fourteen years in both residential and commercial building rehabilitation,has administered a commercial loan program which has focused on the West Washington Commercial District since last year. Both efforts have done much to encourage additional investment. Despite these efforts and those of Federal programs through the 1960's and 1970's, problems remain, particularly within the commercial districts along West Washington and Chapin Street. Of the 32 commercial structures on West Washington, 22 are now vacant. Of the 15 commercial structures along Chapin Street, 6 now stand vacant. Based on 1980 census information and recent field surveys, 16 percent of the residential structures throughout the neighborhood are vacant. WW /6 -3- 10/23/87 `tl 3i sOir'/ � N Ja c a ¢ O \O w Y >� w a '15 �d3SOf i5 e3d331 IIL JII a � a CL 4 � 0 Lu ££ S71 �- r cr Q. is m W C� p I 311'dAVjvl V iS / z a o eve P`IJ Q� O 2 A ( O 3nv z J f~ W 1 �cl� cr N 3nv iS3tl03� i +bl r� ONV l3l NvY J W '3nv � � �n a r v cc IS II(�II IIi�' 9NiHSnO IIr a Nos;atlaH a t¢ o 3nv II(�jII NoWa3HS '3nv Nvtl3H5 �� l_J1S w N3�lp 0 � N3-1-IV 1$ Q 3NIr/18� n Neale do- 'ONVl3n a ONV13n310/ 3nv 0',On 3nv V r a z F- 3AV Co a C HOC 3J3llOJa z Jl3ijH00tle 1S �ae'oi I / cr; �s atl3W13 15 vov NI N N'NbbOQ��� � P� 15 Li3HVa30n1S '3nv N N N N Q �o a o a� N �, NoSN;H01 Y WN311 iS FwI G F—I F1 7 Fl- Fuz— 6 T a: W T � �w V � w V N —N J' HH 'IU N ¢I 1S 1NOW3tlj ]Z- J J (j S�?Oj� I � W [I � 30v3 / d1L,11i N O. C� cz Q W O. _O a) a) a) 30T3W 71 S 0 Q) —4— 10/23/87 ca IS C C i i+ ca CL 2 2 C C is O O � � � � �— o o O cn I O Id's C C 0 0 L L O 1S 0 ' W W LLJ E— i is � � O O a a) (—_ L U a) a U) �0 i N m N + +� L L W � � c ca —4— 10/23/87 DESCRIPTION OF PROJECT A. Boundaries of the Washin ton -Cha in Development Area 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: COMMENCING at the point of intersection of Western Avenue and William Street; thence North along the centerline of William Street to the Easterly projection of the Southerly right -of -way of the first 14 foot alley; of which BEING the Point of Beginning; BEGINNING at the point of intersection of the described projected Southerly alley right -of -way; thence Westerly along the South right -of -way line to the intersection of the West right -of -way line of Taylor Street; thence North along the West right -of -way line of Taylor Street, to the intersection of the South right -of -way line of Wayne Street; thence West along the South right-of-way line of Wayne Street, to the intersection of the East right -of -way line'of Scott Street; thence South along the East right - of-way line, to the intersection of the Easterly projected South right -of -way line of Napier Street; thence West along the South right -of -way line of Napier Street, to the intersection of the centerline of the first 14 foot North -South alley; thence South along the centerline of said 14 foot alley, to the projected Southerly right -of -way line, to the first 14 foot East -West alley; thence West along the projected and South right -of -way line of said alley, to the intersection of the West right -of -way line of Walnut Street; thence South along the East right -of -way line of Walnut Street, to the intersection of the North right -of -way line of the Conrail Railroad (formerly known as the Penn Central Railroad); thence Northwesterly along the North right -of -way line of said Conrail Railroad property, and projecting beyond Olive Street, -and intersecting a projected centerline of the first North -South 14 foot alley, West of Olive Street (now noted as Block W12- Parcel 1); thence North along the projected and centerline of said North -South 14 foot alley, to the intersection of the North right -of -way line of Orange Street; thence East along the North right-of-way line of Orange Street, to the intersection of the East right -of -way line of Olive Street; thence North along the Fast right -of -way line of Olive Street, to the intersection of the South right -of -way line of Linden Street; thence East along the South right-of-way line of Linden Street, to the intersection of the West right -of -way line of Sadie Street; thence South along the West right -of -way line of Sadie Street, to the intersection of the North property line of Lot 77, in the Arnold's Second Addition, to the City of South Bend (now noted as Block W2- Parcel 21); thence East along a projected line of said Lot 77, also along the North line of Lot 56 of said Arnold's Second Addition (now noted as Block W3- Parcel 1); thence continuing East along the North line of Lots 34, 53, and 12, of Oak Grove Addition (now noted as Block W3- Parcel 2, Block W4- Parcel 1 and Parcel 2); to the intersection of the West right-of-way line of O'Brien Street; thence North along the West right - of-way line of O'Brien Street, to the intersection of the projected North property line of Lot 2, also of Oak Grove Addition; thence Fast along the projected and North line of Lot 2 (now noted as Block W5- Parcel 1); to the East right -of -way line of Grant Street; thence South along the East right -of -way line of Grant Street, to the approximate mid -point of Lot 19, of College Grove Addition (now noted as Block W6- Parcel 1); thence East along a line, and the approximate mid -point of Lot 19, to the East right -of -way line of Johnson Street; thence North to the intersection of a point, being the South line of the approximate North one -third of Lot 20 (now noted as Block W7- Parcel 1); thence East along a line projected to an approximate mid -point at Lot 20; thence North along a projected line to the North property line of said Lot 20; thence East along the North property line -5- 10/23/87 of Lot 20, and projected to the East right -of -way line of Brookfield Street; thence South along the East right -of -way line, to a point being the approximate mid -point of Lot 21 (now noted as Block W8- Parcel 1); thence East along an approximate mid -point line and projecti.g East, to the intersection of the West right -of -way line of College Street; thence North along the West right - of-way line of College Street, to the intersection of the South right -of -way line of Linden Street; thence East along the South right -o= -way line of Linden Street, to the intersection of the East right -of -way line of Birdsell Street; thence South along the East right -of -way line of Birdsell Stree =, to the intersection of the North property line of Lot 25, of Arnold and Pagin'S Subdivision (now noted as Block W21- Parcel 1); thence East along the North property: line of said Lot 25, to the intersection of the centerline of the first 17 foot Nor `h -South alley; thence South along the centerline of said alley, to the intersection of the centerline of the first East -West 16.5 foot alley; thence East along the centerline of said alley, to the intersection of the West right -of -way line of Studebaker Street; thence North to the intersection of a projected North right -of -way line of Hine Street; thence East along the projected and North line of Hine Street, to the intersection of the East right -of -way line of Walnut Street; thence South alonc the East right -of -way line of Walnut Street, to the intersection of the South property line of the City Cemetery; thence East along the South line of said Cemetery, to the intersection of the East property line of said Cemetery; thence North along the EGst property line of said Cemetery, to a point approximately 39 feet North of the North-,jest corner of Lot 6 of Kuespert & Sommer's Addition (now noted as Block W44- Parcel ;); thence Northeasterly along a projected line to the intersection of the centerline of LaPorte Avenue; thence Northwesterly along the centerline of LaPorte Avenue, tc the intersection of the projected centerline of the first East -West alley lying North of LaSalle Court; thence East along the centerline of said alley, to the intersection of the West property line of Lot 1, of Horatio Chapin Subdivision; thence South along the West property line of said Lot 1, to the Northwest corner c= Lot 3, of Horatio Chapin Subdivision (now noted as Block W52- Parcel 6); thence Southeasterly along the North property lines of Lots 3, 5, 7, 9, and 11 (now noted as Block W52- Parcels 6, 7, 8, 9, and 10); to the intersection of the centerline of William Street; thence South along the centerline of William Street to the Point of Beginning. The map on the following page shows the general boundaries. B. Development Plan Goals In order to reinforce and revitalize the area, the following goals and objectives have been established: 1. Create a -ew, positive identity for the area and provide a pleasant urban environment by eliminating blighting influences and land -use chaos. a. Promo .e commercial and industrial development within designated land use areas. b. Imp=. -e and expand the supply of all housing especially for low and moderate income families by rehabilitation and construction on vacant lots. c. Promote the welfare, safety, and overall improvement of the quality of life within the neighborhood. -6- 10/23/87 / a:, (� 21 ONV 13, DNvwS1 X N a 3 n0a9 39VLLCZ) �� 1=� 30 NOS188vH x _J •3nv Nb'Wa3HS J ,S N3 „V is NIV 16 and 0: � W a�0NV13A3 �. H O W Olen «, � U N19vd I LS a3Hv830n1$ '1 S I <n LL' GI . I c .Ic LLOOS v �1 -1 l l m Lau l z N 22 Z NOSNHOrl �' ILSJ a o J 0 ►� r ,8,0 a 1S I L I 'LS A3nH r N 4- t :1S • _S '1S n lnvd 1S cc m '1S E-- 13 • '1 Z IS L O N n s W w ? �� 11 L~ uu++ee J� N r3�IV830n1s I '1 S # -"13SOa18 W a � SwVOV • �� ��b U L L r IC71�11M 1 - 1 i7IM i G CJv � I � 11 I '13a 1 3a c a N 1)7N\ I !N J LnN Ls3 Zl H �aa3H0 a0 v Cx!❑ 0 o � 1NV80 �P All 3188,0,_ a1 �? x3nH Z) ? 310VS u 31S1,8V� o �jio LL00S i M a co L 13an (ri � `c7 �a� C O 2 / Q � C j1S I is C13 is Q +r C • • • • E is o. I � "LS N a o c �Q O 1S 7 CU O 1 s L U m CO >% I` 1 ca 1^S — O Q C O l� c Z Ls .0 cO C W � a O ~ 11 S Q CIO > I 1 Q% D cr i S II 10/23/87 2. Stimulate private sector participation and investment consistent with overall goals and objectives. 3. Increase the real property tax base of the area. 4. Encourage participation of neighborhood residents and business people, especially the West Washington - Chapin Revitalization Project, Inc., in the planning and redevelopment processes. C. Tvpes of proposed Redevelopment Activities WW /6 Realization of the Development Area objectives will be accomplished by a combination of public and private actions. These actions could include, but are not limited to, the following: provision for public facilities and improvements, assembly of parcels for development through property acquisition, relocation, clearance, vacation and dedication of public rights -of -way, and any other activity pertaining to planning and implementing an urban redevelopment plan. 10/23/87 .14 Cliff Dili .M CFO ' 101 M A. Land Use As discussed earlier in this Plan, the West Washington - Chapin Neighborhood has a variety of land uses present. These are: single family and multi - family residential uses; commercial uses, including retail stores and professional offices; and both light and heavy industrial uses. For the purposes of this general plan only broad categories of land use will to identified. As the more detailed Comprehensive Plan is developed for the neighborhood the proposed areas of specific land uses can be refined. This will be particularly important as the plan relates to both existing and proposed changes in the zoning of the neighborhood. The proposed land use for the West Washington - Chapin Development Area is shown on Map 4. Residential: Map 4 identifies areas cf Housing Conservation. These areas are reserved for residential use. While the term "Conservation" implies rehabilitation of housing stock, the intent of this Plan is to reserve land and encourage new residential construction as well. Indiana State Law will not allow the use of funds raised through a Redevelopment Bond issue to be used to renovate a privately -owned home. The Redevelopment Commission can, however, encourage the appropriate Federal, State, and Local governmental agenc_es as well as non - profit corporations to continue to develop and implement programs that will strengthen the housing stock and make affordable housing readily available within the neighborhood. Such activities could include: the rehabilitation of existing housing through the use of revolving loan funds now in place or, as specific needs of groups of residents become apparent, the development of new programs, or through the construction of new housing that is compatible with the existing character of the neighborhood. Commercial: Commercial development will be limited to West Washington Avenue and South Chapin Street within the "C" zoning boundaries as designated on the official zoning map for the City of South Bead in effect at the time this Development Plan is adopted. The feasibility of Commercial Development within each designated area needs to be studied as well as potential types of development identified. Industrial: Industrial development will be limited to areas currently zoned "D" and "E" south of Orange Street as designated on the official zoning map for the City of South Bend in effect at the time this Development Plan is adopted. B. Public Works No specific public works projects are identified at this time. Engineering studies will be completed wit-iin both target areas as well as the entire Development Area to determine specific public works needs and to prioritize the projects. Initial public works activities will be focused on Target Area A and later on Target Area B within the Development Area Boundary as Redevelopment and other funds become available. Public improvements could include resurfacing of streets, sidewalk, curb and gutter repair, and improved street lighting and signage. _9_ 10/23/87 z ■� Q ■ >3 Q z 1 h-f (IN V•l3'1 NV S1NNW ■N r < O a 80-1 k4Ls U. w 1 -7 '1S 1100S • ° • NIHSnO ■ • a 91S N hu 3n089 39V1100 ■ • o i' 1fiV `z ' PJ� ; W m� Y) w ' IL N 1davH ¢ ■ � • 1s °I l �LLA ,Q 1S cn S 3nV NVwd3HS 'a �nVd 1S m �1 3 N3liC ■� � z P 07 7i8 1s NIV�e } •1 O 3nV � a �ONV33n3 W w i z• • • C N } — IS z L I �l0 H w O '1 _ U nd SQ 1-711,11 3na QI�On w �I c S \� � 0! b y' 17, J lL lL Nos or NOSNH Y N U7 �!! N zl�. N W Z > - ' s N31d8,0 c •1S N I, 3 LU A3n OR m i W 310V �3w13 �_• zf v. w 13 /IIy w I�INVa� d0-i1kV cr� ■ 0 �� V 1 � 110 m L LO �1 �i ■ I a d 1 l3 nV .S NOE 63 w EI IS ZnN- bV M�LU OI � �? .� w cr a 1nN a) w �� FIT > -i Add3H0 i e-If, T ul M is s 1S WI col CLU I I� n ojJ /o 110aS ca •U , -0 E L C ca N c— E -r > = (n E -� cu � cr m CO w c W U a y N >, cu LL _ E Z N cr cu Z :r U- C -a C: N C N 0-0 cc -o - CG 7n c a) T CD .Q Q cz W Q ' • ,..4 • c ■ • E • a � O Q L c0 .CX C (z O CO U c 1 cu O Q C c++ Q N Co L E cu cu O Q m .r «r a') m m 'O CD 10/23/87 IL 1S S a3 V830 S d3NV83on '3nV N 73Sa lei Q' s swVal 3 -1 iaj ■ 31 W i > c w Nosy+ Vr Lal F m W� 3 o I I U I z o a J lL lL Nos or NOSNH Y N U7 �!! N zl�. N W Z > - ' s N31d8,0 c •1S N I, 3 LU A3n OR m i W 310V �3w13 �_• zf v. w 13 /IIy w I�INVa� d0-i1kV cr� ■ 0 �� V 1 � 110 m L LO �1 �i ■ I a d 1 l3 nV .S NOE 63 w EI IS ZnN- bV M�LU OI � �? .� w cr a 1nN a) w �� FIT > -i Add3H0 i e-If, T ul M is s 1S WI col CLU I I� n ojJ /o 110aS ca •U , -0 E L C ca N c— E -r > = (n E -� cu � cr m CO w c W U a y N >, cu LL _ E Z N cr cu Z :r U- C -a C: N C N 0-0 cc -o - CG 7n c a) T CD .Q Q cz W Q ' • ,..4 • c ■ • E • a � O Q L c0 .CX C (z O CO U c 1 cu O Q C c++ Q N Co L E cu cu O Q m .r «r a') m m 'O CD 10/23/87 C. Recommendations for Further Studv Development of a Comprehensive Plan for the neighborhood requires, at the minimum, that the following studies of the Development Area be completed: 1. The preparation of a market study that a) examines the feasibility of commercial development along both West Washington and South Chapin Street, b) identifies specific commercial uses that have the greatest potential for success and c) indicates both short term and long term steps that need to be taken by the City, Neighborhood, and private business and financial sectors to ensure that development occurs. 2. The preparation of a Public Works Study that a) surveys the conditions of all streets, curbs, gutters, sidewalks, lighting, and signage within the Development Area, b) places the resulting identified projects in order of greatest need, and c) affixes a cost estimate to each of these projects. 3. The study of current zoning within the Development Area that a) determines whether or not the zoning supports the intent and spirit of the Development Plan and b) makes recommendations for changes if necessary. 4. A study that identifies other economic development strategies for the Development Area that will improve the economic it advantages of the residents as well as improve the quality of life for the overall neighborhood. 5. A study that investigates various means of promoting safety and welfare within the neighborhood. D. Schedule for Implementation WW /6 Immediately after the adoption of this Development Plan, the staff of the Redevelopment Commission in conjunction with neighborhood residents of the West Washington - Chapin Development Area will develop a schedule for implementing the initial recommendations of the Plan as well as preparing a more detailed Comprehensive Plan for the Area. This schedule will be based on the practical estimate of the time and both human and financial resources that will be needed and available to bring this project to a successful conclusion. 10/23/87 -12- WEST WASHINGTON -CHAPIN DESIGN REVIEW COMMITTEE In order to achieve a high level of design and insure a feeling of continuity throughout the development area, a West Washington - Chapin Design Review Committee is hereby established. The following { paragraphs explain the makeup and duties of that committee. A. Establishment of Committee A West Washington - Chapin Design Review Committee of eight (8) members shall be established. Members shall be the Executive Director of the Department of Economic Development, the City Engineer, the Director of the St. Joseph County Area Plan Commission, the City Building Commissioner, and four (4) members recommended by the West Washington- Chapin Revitalization Project, Inc. and appointed by the Redevelopment Commission. The Chairman of the Design Review Committee will serve a one year term. The first person to chair the committee will be one of the four neighborhood representatives on the Design Review Committee. Upon completion of this term one of the governmental representatives will fill the position. The position will then alternate between being held by a neighborhood representative one year and a governmental representative the next for the duration of the West Washington - Chapin Development Plan. B. Terms Members of such Committee shall serve without pay for two year terms. Appointed members shall serve at the pleasure of the Redevelopment Commission. Vacancies occurring through death, resignation or other causes, shall be filled for the unexpired term in the same manner as original appointments. C. Rules The Committee shall adopt such rules and procedures as are necessary to conduct its business, including the dates and times of meetings and hearings. D. Powers and Duties The Committee shall function in an advisory capacity to the Redevelopment Commission. It shall review the plans and Ark specifications for all projects within the Development Area, other than single family residential structures, that involve new construction, exterior renovation or site work. This review will include design, site planning, open space and other applicable considerations, and for compliance with the standards set forth in the West Washington -Chapin Design Guidelines. In exercising these duties the Committee shall follow the procedures and act within the limitations -13- 10/23/87 established in subsequent sections. E. Design Guidelines The Redevelopment Commission shall, by Resolution, adopt rw a set of Design Guidelines for use by developers as they are planning their project. The West Washington -Chapin Design Review Committee will base their recommendation to the Redevelopment Commission on how well the proposals have followed these guidelines. The Design Guidelines may be reviewed and revised as necessary by Redevelopment Commission action. F. Building Permits No permit shall be issued by the South Bend Building,Department for the construction of any building in the West Washington - Chapin Development Area area or the reconstruction, alteration, or rehabilitation of any building in the Area, other than a single family residential structure, unless the application for such permit shall bear an endorsement by the Committee that such proposed construction is appropriate and conforms to the standards set forth in the West Washington - Chapin Design Guidelines. G. Review All proposals filed with the Design Review Committee for review and approval shall be accompanied by architectural plans and /or engineering drawings and specifications for the work involved. Such plans shall be reviewed for compliance with the standards and objectives of the Development Plan and Design Guidelines. Upon receipt of the plans the staff of the Department of Economic Development will review them, prepare a staff report, and schedule a meeting of the Design Review Committee with the developer. At this meeting the Design Review Committee will review plans and the staff report with the developer and either approve the plans as submitted, ask for additional information, approve the plans as modified, or reject the plans. The developer will be notified in writing of modification in plans or specifications that are necessary to receive approval. Approval by the Design Review Committee does not constitute approval of any federal, state or local building, zoning or other requirements but is solely pertaining to the Design Guidelines over which the Committee has advisory jurisdiction for the Commission. The Committee shall have the right to waive the review process for any project. H. Amendments to Disapproved Developer's Plan Within thirty days after disapproval of a development plan, the developer may file with the Committee an amendment to such changes made necessary to meet the modifications requested -14- 10/23/87 WW /5 by =he Committee. Review procedures for an amended plan shall be -he same as for an initial submission. I. Pre-.Tention of Speculation Cor_=racts for the purchase of property owned by the Redevelopment Commission will provide that the redeveloper agree that his purchase of the property is for the purpose of - edevelopment and not for land speculation. Prior to the cormletion of his redevelopment project, the redeveloper may not sell, lease, or otherwise transfer such land (or improvements) without the prior written consent of the Cit_: of South Bend, Department of Redevelopment. J. Ade- -uacy of Zoning and Other Codes and Regulations to Prc -ect Area Any proposed new land uses or changes in land uses in the Wes-- Washington - Chapin Development Area will be subject to =he established provisions of the South Bend Zoning Ord_:nance. All such uses will also be subject to =he requirements of the Building Code and similar rea- -lations. These codes and regulations in conjunction with the land use provisions, building requirements and restrictions as ,jell as the design and development objectives established by -7.he Plan will adequately protect the Development Area. K. Sians All proposals for signs within the Development Area shall be = eviewed by the Comnittee and evaluated as to their co=liance with the standards established in the Design Guidelines. -15- 10/23/87 A. Property Acquisition ro Although there is no property acquisition identified in this plan, it is anticipated that some property acquisition, could occur in the future. When this occurs, the South Bend Department of Redevelopment Commission will either: 1. Demolish the structure or structures thereon, if any, and dispose of the land for redevelopment at its fair market value, excepting those cases when land is sold or leased to another public body for uses in accordance with the Development Plan; or c 2. Rehabilitate or partially rehabilitate the structure prior to selling or leasing the property to a purchaser or lessee for uses in accordance with the Development Plan. 3. Sell or lease the property to purchaser or lessee usually at its fair market reuse value, excepting those cases when property is sold or leased to another public body for uses in accordance with the Plan. B. Property Rehabilitation All properties in the 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, facilities, and occupancy of existing property, including, but not limited to, Chapters 6,8,9, and 21 of the South Bend Municipal Code. All properties within the Area shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the standards of the Area and the requirements of the South Bend Municipal Code. C. Developer's Obligations The land acquired by the Redevelopment Commission will be disposed of subject to an Agreement between the Commission and the Developer. The Developer will be required by the Agreement to observe the land use and building requirements and objectives of this Plan and to carry out all development within an agreed time period. The Agreement and Deed contain other provisions required by the Commission and the United States Department of Housing and Urban Development. In addition, the following provisions, plus other appropriate provisions, will be included in the Agreement: 1. An approved plan for the project and a time schedule for start and completion of the project. 2. That the purchase of the land is for the purpose of redevelopment and not for speculation. Purchase contracts will provide that the Developer agree that purchase of the property is for the purpose of redevelopment and not for speculation. -16 10/23/87 Prior to the completion of the redevelopment project, the Developer may not sell, lease, or otherwise transfer such land (or improvements) without the prior written consent of the South Bend Red-evelopment Commission. VW3. That the land will be built upon and improved in conformity with the objectives and provisions of the Plan. 4. That the building of improvements will be commenced and completed within a specified period of time. 5. That the Developers, their successors or assigns, agree that there will be no discrimination against any person or group of persons on account of race, creed, color, sex, age, in the use of the property. WW /6 -17- 10/23/87 STATUTORY AUTHORITY The controls, regulations and land use restrictions contained in this Development Plan are for the specific purposes of implementing the Washington-Chapin Development Plan pursuant to Indiana Code 36- 7 -14 -1 et. seq. 4 PROCEDURE FOR CHANGES IN THE APPROVED WASHINGTON -CHAPIN DEVELOPMENT PLAN The South Bend Redevelopment Commission may amend the West Washington -Chapin Development plan by procedures under Indiana Code 36.7.14.1. et.seq. Any amendment to the approved Development Plan will be brought to the West Washington- Chapin Revitalization Project, Inc. for its review, comment and- recommendation prior to action by the South Bend Redevelopment Commission. WW /5 -18- 10/23/87