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Home My WebLink About6A (1)(2)� A ( 1) -*- ('-) )- .. n d u v� ni Community & Economic Development 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: RedevelopmZu* sio From: Bill Schalliol Subject: Confirming R036 - Amendi ng the SBCDA Development Plan Date: June 21, 2012 On January 23, 2012, the South Bend Redevelopment Commission approved Declaratory Resolution 3006 which started the process to amend the South Bend Central Development Area Development Plan to add three (3) properties to the acquisition list. The three properties are located on the northwest corner of the Main Street and Western Avenue and are part of the property acquisition with GMS Realty (Gates). On February 21, 2012, the Area Plan Commission approved Resolution 225 -12 determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment. On April 23, 2012, the South Bend Common Council approved Resolution 3006 approving the actions of the Area Plan Commission and determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment. Staff requests approval of Confirming Resolution 3036 to amend the South Bend Central Development Area Development Plan to add three (3) properties to the acquisition list. The three properties are located on the northwest corner of the Main Street and Western Avenue and are part of the property acquisition with GMS Realty (Gates). The Board of Public Works presently owns the properties and by having them under Commission control, an action that cannot happen unless this resolution is approved, the properties can be managed and planned for as part of future development. What We Do Today Makes A Difference! \C) O O O P4 0 I. Ul In IP I RESOLUTION NO. 3036 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION CONFIRMING A RESOLUTION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the South Bend Department of Redevelopment, at a meeting held on January 23, 2012, approved and adopted its Resolution No. 3006 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the "Declaratory Resolution "); and WHEREAS, the Declaratory Resolution amended the acquisition list of the South Bend Central Development Area (the "Area ") and amended the South Bend Central Development Area Plan (the "Plan Amendment "), all within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, which has been codified in Indiana Code 36 -7 -14 et. SeMc . (the "Act'); and WHEREAS, the St. Joseph County Area . Plan Commission (the "Plan Commission "), which is the duly designated and acting planning body for the City of South Bend, Indiana (the "City "), on February 21, 2012, adopted a resolution, which is its written order approving the Declaratory Resolution and the Plan Amendment; and WHEREAS, the Plan Commission, by said written order, has certified that the Declaratory Resolution and the Plan Amendment conform to the general plan of development for the City; and WHEREAS, the Common Council of the City (the "Common Council ") on April 23, 2012, adopted a Resolution approving the written order of the Plan Commission; and WHEREAS, the Commission caused to be published a Notice of Public Hearing concerning the Plan Amendment on June 15, 2012, in the South Bend Tribune and the Tri- Coun News, respectively, and made all required filings with governmental agencies and officers pursuant to and in accordance with Section 17(b) and /or (c) of the Act; and WHEREAS, at a hearing held by the Commission on June 28, 2012, at 9:30 a.m., local time, on the 13`h Floor of the County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, the Commission heard all the persons interested in the proceedings and received any written remonstrances and objections that had been filed and, considered those remonstrances and objections, if any, and such other evidence presented; and WHEREAS, the Commission now desires to confirm the Declaratory Resolution and adopt and confirm the Plan Amendment. NOW, THEREFORE, BE IT RESOLVED, by the South Bend Redevelopment Commission as follows: 1. After considering the evidence presented at the public hearing on June 28, 2012, the Commission hereby confirms the Declaratory Resolution and finds that the proposed amendment to the Development Plan and to Resolution No. 737, as amended, is reasonable and appropriate when considered in relation to the Development Plan and to Resolution No. 737, as amended, respectively, and the purposes of the Act. 2. The Commission finds that the Development Plan, as amended, and Resolution No. 737, as amended and as hereby further amended, conforms to the comprehensive plan of the City. 3. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 5. The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; C) improved diversity of the economic base; and d) other similar public benefits. 6. The proposed amendment to the Development Plan is in all respects approved. 8. This Resolution constitutes final action pursuant to Indiana Code 36- 7- 14 -17(d) by the Commission determining the public utility and benefit of the proposed project and confirming the Declaratory Resolution. 9. The Secretary is directed to record this Resolution pursuant to the requirements of Indiana Code 36- 7- 14- 17(d). 10. The Secretary is directed to file a certified copy of said Development Plan, as amended, with the minutes of this meeting. 11. The Secretary is hereby further directed to record this Resolution with the office of the St. Joseph County Recorder. 12. All other findings, determinations and conclusions in Resolution No. 737, as amended, shall remain as stated therein. 13. All prior orders or resolutions inconsistent with this Resolution are hereby rescinded, revoked and repealed to the extent such orders or resolutions are inconsistent with this Resolution. 14. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights act of 1964, as amended. 15. This Resolution shall be in full force and effect after its adoption by the Commission. r Adopted at a meeting of the South Bend Redevelopment Commission held on June 28, 2012, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. ATTEST: Signature Printed Name and I We South Bend Redevelopment Commission CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed Name and I it e South Bend Redevelopment Commission (Signature Page to Resolution No. 3036)