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HomeMy WebLinkAboutNo. 0522 redeclaring Central Downtown Renewal Area to be blighted, reapproving an urban renewal plan/conditions under which relocation pmts. will be made for Project No. IN R-66, minor chgs to renewal plan8404040 RESOLUTION NO. 522 1 L M NO. _,.,_. .,..._.. .WANDA A. NOWAK RECDRDF'R .ST. JOSEPH CO. INDIANA FILED FOR RECC:tu RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION RE- DECLARING THE CENTRAL DOWNTOWN RENEWAL AREA TO BE BLIGHTED AND RE- APPROVING AN URBAN RENEWAL PLAN AND CONDITIONS UNDER WHICH RELOCATION PAYMENTS WILL BE MADE FOR PROJECT NUMBER INDIANA R -66 AND FOR THE MAKING OF CERTAIN MINOR CHANGES TO THE URBAN RENEWAL PLAN WHEREAS, the City of South Bend, Department of Redevelopment, pursuant to the Redevelopment of Cities and Towns Act of 1953, as amended, conducted surveys and investigations and thoroughly studied that area in the City of South Bend, County of St. Joseph, State of Indiana, designated as the Central Downtown Urban Renewal Area which is more particularly described by a line drawn as follows: Beginning at a point formed by the intersection of the north right -of -way line of LaSalle Avenue and the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the north right -of -way line of Washington Street; thence west along the north right -of -way line of Washington Street to the west right -of -way line of Lafayette Boulevard; thence south along the west right -of -way line of Lafayette Boulevard to the south right -of -way line of Jefferson Boulevard; thence east along the south right -of -way line of Jefferson Boule- vard to the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the south right -of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street to the west right -of -way line of Fellows Street; thence south along the west right -of -way line of Fellows Street to the south right -of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street and proceeding in a northeasterly direction along said right -of -way to the center of the St. Joseph River; thence proceeding in a northwesterly direction along the center of the St. Joseph River to the north right -of -way line of LaSalle Avenue; thence west along the north right - of -way line of LaSalle Avenue to the west right -of -way line of Main Street which is the point of beginning. WHEREAS, upon such surveys, investigations and studies made, it has been found by the City of South Bend:Redevelopment Commission that the above - described area is blighted to an extent that such blighted conditions cannot be corrected by regulatory process, or by the ordinary operations of private enterprise without resort to the provisions of the Redevelopment of Cities and Towns Act of 1953, as amended, and it has been further found that the public health and welfare would be benefited by the acquisition and re- development of such area under the provisions of such Act; and WHEREAS, the Commissioners have caused to be prepared maps and plans showing the boundaries of such blighted area, the location of the various parcels of properties, streets and alleys and other features 840 40 (7 affecting the acquisition, clearance, replanning and redevelop- Tent of such area, and indicating the parcels of property to be included in the acquisition and portions of the area acquired which are to be devoted to streets, parks, playground, and other public purposes under the redevelopment plan, and it has been found that certain parcels are not feasible for rehabilita- tion and should be added to the acquisition list and that certain land use provisions should be changed and updated to conform with current conditions; and WHEREAS, in connection with an application of the City of South Bend, Department of Redevelopment to the Secretary of the Depart- ment of Housing and Urban Development for financial assistance under Title I of the Housing Act of 1949, as amended, the approval by the Governing Body of the City of South Bend, Department of Re- development, of an Urban Renewal Plan for the project area involved in such application is required by the Federal Government before it will enter into a contract for loan or grant with the City of South Bend, Department of Redevelopment, under Title I; and WHEREAS, the rules and regulations prescribed by the Federal Govern- ment pursuant to Title I require that the conditions under which the City of South Bend, Department of Redevelopment, will make Re- location Payments in connection with the Urban Renewal Project con- templated by the application be officially approved by the Govern- ing Body of the City of South Bend, Department of Redevelopment; and WHEREAS, there was presented to this meeting of the Governing Body of the City of South Bend, Department of Redevelopment, for its consideration and approval, a copy of the amended pages of the Urban Renewal Plan for the project area in the land use provisions, which plan is entitled, "URBAN RENEWAL PLAN CENTRAL DOWNTOWN URBAN RENEWAL AREA PROJECT NO. IND. R -66 SOUTH BEND, INDIANA" and consists of a typewritten document and a set of conditions under which the City of South Bend, Department of Redevelopment, will make Relocation Payments, which set of conditions is set forth in the Re- location Plan attached hereto and marked for the Urban Renewal con- templated by the application; and WHEREAS, the Urban Renewal Plan and the proposed changes to said Plan and the conditions under which the Local Public Agency will make Re- location Payments were reviewed and considered at the meeting; and WHEREAS, Title VI of the Civil Rights Act of 1964, and the regulations of the Department of Housing and Urban Development effectuating that title, provide that no person shall, on the ground of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of urban renewal projects assisted under Title I of the Housing Act of 1949, as amended: - 2 - 1 84040!10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND RE- DEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT: 1. That the Central Downtown Urban Renewal 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 and its inhabitants and that it will be of public utility and benefit to acquire such area and redevelop the same under the provisions of the Redevelopment of Cities and Towns Act of 1953, as amended. 2. That the Department of Redevelopment has acquired land and proposes to acquire land and the interests therein within aforementioned boundaries as designated in the Urban Renewal Plan, as amended, and under the conditions set out therein. 3. That it is estimated that the cost of acquiring the properties in the area will be $13,375,220 which amount is based on the average of two independent fee appraisals. 4. That the conditions under which the City of South Bend, Department of Redevelopment, will make the relocation payments are hereby, in all respects, approved. 5. That the Urban Renewal Plan, together with the proposed amendments thereto, is hereby in all respects approved and the Secretary is hereby directed to file a certified copy of said Urban Renewal Plan, with proposed amendments, with the minutes of this meeting. 6. That the United States of America and the Secretary of the Department of Housing and Urban Development be, and they hereby are, assured of full compliance by the City of South Bend, Department of Redevelopment, with regula- tions of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964. Adopted at the Regular Meeting of the South Bend Redevelopment Commission, held on May 7, 1976, at the Office of the Commission, 1200 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. v. n �•x D c SE' L onaiason, secretary CITY OF SOUTH BEND, INDIANA DEPARTMENT OF REDEVELOPMENT - 3 - , Pre--s-laen 8404040 ATTACHMENT "B" 3 Wholesaling without stock - typically, this group functions in effect j to bypass merchant wholesalers. lhey include manufacturer's own outlets or wholesale agents and brokers who act as middlemen. Such establishments require only display and office space. They do not handle or acquire title to goods but only arrange sales between producers and retailers or wholesale merchants. Private services - these establishments are oriented to individuals and to specific firms and agencies. Among such services are those oriented to business firms (machines, blueprinting, advertising, etc.); repair of goods; personal and professional services; and commercial- recreational establishments. c. Public and Semipublic - This category is intended for Federal, State, County and City office buildings and facilities, and semipublic facilities and utilities which are relatively open to the public although such uses may be either privately or publicly owned. These latter public uses can he termed public services and are pri- marily oriented to groups of people or to places where people assemble into groups. Among such services are: (1) education (public, rivate and commercial schools, libraries, art centers and museums), (2� health and welfare (medical and social clinics, hospitals), (3) passive recreational facilities (as opposed.to active, individual participation) such as auditoriums, theaters, exhibition halls, ( ) religious and social (church, lodge halls, fraternal organization), and (5) protective (fire stations, police stations, courts and so forth) . d. Service Commercial /Residential - "This category is identical to "Service Commercial" in -C.2. b above v�ith the following two excep- ti Otis : 1. Jot permitted are auto- oriented uses and activities; but hotels, motor hotels or other transient Housing facilities are permitted. 2. Residential use is [ermiUnd provided that the total number of I dwelling units slim 1 not exceed 350. e. Parking - This category includes parking space within buildings, underneath buildings or areas on the surface of the ground other than a street or other public way, for the parking of automobiles and available to the public whether for a fee or as an acconunoclation for clients or customers. Surface parking areas, where provided, shall be suitably paved, drained and lighted, and shall be appru- priately screened. -9- R -213 May 7, 1976 °. 84040,10 c. Parking The parking facilities to serve the needs of the cultural center will be provided to limited degree within the area itself. Such parking will be for the employees of the various developments within the area or to meet the short term parking needs of the public. Longer term parking facilities to serve the area will be provided principally by the parking structures to be located immediately to the west of the cultural center area in Area C. d. Pedestrian Circulation Pedestrian circulation within the area will be developed in such a manner as .to enhance the relationships of the buildings to one another as well as to take maximum advantage of the unique topography, the island area, and the view of the St. Joseph River. Pedestrian flow from outside the area will be principally from the parking structures located immediately to the west in Area C and from the pedestrian bridge to be developed to connect the Washington Street pedestrian mall and Area D. In addition, pedestrian flow into this area will be possible at a number of locations along Wayne Street to the South and at St. Joseph Street south of the Washington Street mall. e. Vehicular Access and Service Vehicular access and service to this area will be principally from St. Joseph Street with limited access from Jefferson -Wayne Street. AREA E (East Jefferson - Western Avenue, Monroe- Lincolnwa , New Street and the St. Joseph River a. Basic Objective The basic objective to be achieved in Area E is the _development of an office complex for major business service firms, and a motor hotel with ancillary facilities to conlplement the Century Center. A secondary objective shall be the inclusion of compatible residential faci lities not to exceed a total of 350 dwelling units. b . Land Use As indicated above, the major use of Area E is intended for an office convex with compatible residential_facilities and a_motor hotel resulting_in a total development bl ending into and comple- menting the adjacent areas. -15- R -213 io 840400' , minnizv fir, collTROt. AMID RLSIRICTIONS F.A.R.(1) . 5.0 Not applicable 10.0 Not applicable E (Residential Use) 1.0 (Service Commercial Use) 1,0 F 4.0 G' 4.0 N 2,0 l 1.0 d Not applicable OFF_ STi ELT.PARKII1G(2) 1 %'pacn for each 400 sq, ft. of floor area for covimercial or office use. 1 space for each hotel or motel room. Plot required to be provided in area buL' will he prov.ide(l by public harking within 300 feet walking distance. Not required Ln he provided in area but will be.providcd by public parking within 300 feet walking distance.' Hot required Lo bn-provided in area buI' will be pl'ovided by public parking within 300 feet walking distance. 1 -112 spaces for each dwelling unit excep Y IOUs rn . 1 space for each 400 sq. ft. of floor area 1 space for each hotel or motel room. 1 space for each hotel or motel room. 1 space for each hotel or motel room. 1 space for each 400 sq. ft, of floor area. 1 ,mace ,for each 400 sq. ft. of floor area Not•applicable Off Street Loading: Off street loading.shall be provided for every building or part thereof as follo�rs' 1 space for a gross floor area of 5,000 ) : sg, ft:, plus one addit=ional loading spice for each 20,000 scl. ft, io 840400' , minnizv fir, collTROt. AMID RLSIRICTIONS F.A.R.(1) . 5.0 Not applicable 10.0 Not applicable E (Residential Use) 1.0 (Service Commercial Use) 1,0 F 4.0 G' 4.0 N 2,0 l 1.0 d Not applicable OFF_ STi ELT.PARKII1G(2) 1 %'pacn for each 400 sq, ft. of floor area for covimercial or office use. 1 space for each hotel or motel room. Plot required to be provided in area buL' will he prov.ide(l by public harking within 300 feet walking distance. Not required Ln he provided in area but will be.providcd by public parking within 300 feet walking distance.' Hot required Lo bn-provided in area buI' will be pl'ovided by public parking within 300 feet walking distance. 1 -112 spaces for each dwelling unit excep Y IOUs rn . 1 space for each 400 sq. ft. of floor area 1 space for each hotel or motel room. 1 space for each hotel or motel room. 1 space for each hotel or motel room. 1 space for each 400 sq. ft, of floor area. 1 ,mace ,for each 400 sq. ft. of floor area Not•applicable Off Street Loading: Off street loading.shall be provided for every building or part thereof as follo�rs' 1 space for a gross floor area of 5,000 to 20,000 sg, ft:, plus one addit=ional loading spice for each 20,000 scl. ft, or major fraction thereof in excess of 20,000 sq. R. A required loading berth will he 1O fret in t•�idl,li arnl aL will have least 25 feet vertical In length, exclusive of aisle and maneuvering space and ,a `clearance of at least 14 feet. A DU COMB, NIMTZ & DU COMB i N EYS AT LAW B E BUILDING 61 OLFAX AVENUE SOUTH BEND. INDIANA f 4E601 STATE OF INDIANA ) )SS: ST. JOSEPH COUNTY) REMONSTRANCE TO RESOLUTION NO. 522 CITY OF SOUTH BEND REDEVELOPMENT COMMISSION I. Nelson L. Ault, Jr. and Virginia N. Ault, husband and wife, would represent and state to the Redevelopment Commission that they are the fee title owners of the real estate situate and known as 127 South Michigan Street, South Bend, Indiana, more particularly described as: "Sixteen (16) feet from and off of the South side of Lot numbered Twenty - Eight (28) and four (4) feet off of the North side of Lot Numbered Twenty -Nine (29), of the original plat of the City of South Bend." Ault Camera Shop, Inc. would represent and show to this Commission that they hold a long term lease on said above described real estate, and are operating a camera shop on the premises, named and styled "Ault Camera Shop." II. As joint remonstrators, from the description contained in the Public Notice establishing the Public Hearing on Resolution No. 522, being held this date, the undersigned's real estate is within the area subject to urban renewal and the plans and conditions involved therein. Said proposed Resolution No. 522 prescribes that the above described real estate is blighted to an extent that such blighted conditions cannot be corrected by regulatory process or by the ordinary operations of private enterprise without resort to the provisions of the Redevelop- ment of Cities and Towns Act of 1953 as amended, and it has been further found, according to the proposed Resolution No. 522, that the public health and welfare would be benefited by the acquisition and redevelopment of such area under the provisions of such Act. It further provides that it will be of public utility and benefit to acquire such area and redevelop the same under the findings set forth in the first and second "Whereas" clauses of said Resolution. III. Your remonstrators remonstrate against the language in DU COMB, NIMTZ & Du COMB f&4NEYS AT LAW B E BUILDING 6t OLFAX AVENUE SOUTH BEND. INDIANA 46001 Resolution No. 522 for the reason that there is no substantial or credible evidence of any kind that because of lack of development, cessation of growth, deterioration of improvements, or character of occupancy, age, obsolescence, substandard building, or other factors which impair the value or values of the real estate herein described, or adjacent real estate which would prevent a normal development of the property, or use thereof, which under current conditions is undesireable for or creates an impossi- bility of normal development and occupancy. Your remonstrators would further represent and state to the Commission that this Remonstrance is addressed solely to the real estate described in this Remonstrance, and that the proposed project, so far as it effects the real estate herein involved, will be of no public utility and benefit. WHEREFORE, your remonstrators request that the Commission amend Resolution No. 522 so as to change the findings set forth in said Resolu- tion, as it pertains to.the real estate of the Remonstrance only, and remove any finding that Remonstrator's real estate is blighted and cannot be corrected by regulatory process or by the ordinary operations of pri- vate enterprise; and to further amend the Resolution so that the language and finding therein reflect that the "public health and welfare would not be benefited by the acquisition and redevelopment of remonstrators' real estate." NELSON L. AULT JR. VIRGINIA N. AULT � 7 .r By I �- elson L. Ault, Jr. C, Robert J. DuCo Sr. Attorney and Agent for Nelson L. It Jr. and Virginia N. Ault __ _U 0 * -6.0 Virginia N. Ault AULT CAMERA SHOP, INC. An Indiana Corporation By Ne son illiam Ault, Vice President and Secretary. -2- r9 REMONSTRANCE TO CITY OF SOUTH BEND REDEVELOPMENT COMMISSION Re: Resolution No. 456 Notice is hereby given that the undersigned, Daniel A. Clark, does hereby remonstrate and object to the adoption of the resolution of the Commission adopted on the 16th day of July, 1973 relative to the Downtown Urban Renewal Project, Indiana R -66, also referred to as Resolution No. 456, upon the following grounds: 1. That the determination that certain areas of South Bend were blighted within the description set forth in said resolution and cannot be corrected by regulatory process or by the ordinary operation of private enterprise has previously been determined by this Commission on a previous resolution. That this Commission does not have any power or authority to adopt such a second resolution pertaining to the same subject matter. 2. That the area encompassed within the description set forth in said resolution and notice of hearing thereon is not blighted in that new buildings have been erected and created within said described area and new businesses have been established, that buildings have been torn down within that area that could not be corrected according to said regulatory process or the operation of private enterprise and that said area encompassed in said description is not at this time a blighted area. 3. That this Commission does not have jurisdiction or authority to pass, adopt, and /or ratify said resolution. DATED this J day of August, 1973. Arthur A. May Attorney for Daniel A. Clar ' .f ` �C^ � �ti:P v �'NI r ,..lA. -4•� r '� _ r. .� 1 �h .• +rt ! ., ,•!�` .!i -�. � .���e' RESOLUTION NO. 39 RESOLUTION OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA, DETERMINING THAT A DECLARATORY RESOLUTION AND CERTAIN CHANGES TO AW CERTAIN PAGES OF AN URBAN RENEWAL PLAN FOR IND. R -66 APPROVED AND ADOPTED BY THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSIO14 CONFORMS TO THE MASTER PLAN OF THE CITY OF SOUTH BEND, AND APPROVING THAT RESOLUTION AND THE URBAN RENEWAL PLAN AS AMENDED. WHFREAS, in connection with an application of the City of South Bend Department of Redevelopment to the Department of Housing and Urban Development Administrator for financial assis- tance under Title I of the housing Act of 1949, as amended, the approval of the Governing Body of the Locality in which the proj- ect is situated of an Urban Renewal Plan for the project area in such application is required by the Federal Government before it will enter into a contract for loans and grants with the City of South Bend Department of Redevelopment under said Title I; and WHEREAS, the Governing Body of the Locality, under the provisions of the Redevelopment of Cities and Towns Act of 1953, as amended, may give its approval of the Urban Renewal Plan only after the Plan Commission of the Locality has issued its written order approving a Declaratory Resolution which among other things approves additional real estate acquisition and certain land use changes to the Urban Renewal Plan approved and adopted by the Re- development Commission of the Locality; and WHEREAS, the City of South Bend Redevelopment Commission has approved and adopted a Declaratory Resolution and an Urban Renewal Plan, certain pages of which Plan have been changed or amended, with respect to the Central Downtown Project which is known as Project No. Indiana R -66 and is identified in said Reso- lution and Plan, and has submitted said Resolution and Plan to the Area Plan Commission of St. Joseph County, both of which are attached hereto and are made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the Area Plan Commission of St. Joseph County, Indiana, as follows: 1. That the Urban Renewal Plan, as amended, for the Cen- tral Downtown Project conforms to the Master Plan of Development for the City of South Bend. 2. That the Urban Renewal Plan, as amended, for the Central Downtown Project is in all respects approved, ratified and confirmed. 3. That Resolution 522 of the South Bend Redevelopment Commission with respect to the Central Downtown Proj- ect is in all respects approved, ratified and con- firmed. 4. That the Secretary is hereby directed to file a copy of said Declaratory Resolution and certain pages amend - ing the Urban Renewal Plan with the minutes of this meeting. SAN QOM Passe by Area Plan Commission of St. Joseph County, Indi P�', on ay 18 1976. 2 - o UAL Q 2 N.A COQ ATTES y FpH COUP (s) Richard S. Johnson Secretary (s) Ted F. Sharp President Area Plan Commission St. Joseph County, Indiana RESOLUTION NO. S��/ -7( RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE URBAN RENEWAL PLAN TOGETHER WITH THE PROPOSED AMENDMENTS THERETO AND PLAN CHANGES AND THE FEASIBILITY OF RELOCATION FOR THE CENTRAL DOWNTOWN PROJECT, IN. R -66 WHEREAS, under the provisions of Title I of the Housing Act of 1949, as amended, the Department of Housing and Urban Development Administrator is authorized to provide financial assistance to Local Public Agencies for undertaking and carry- ing out urban renewal pro.jects; and WHEREAS, it is provided in such Act that contracts for financial aid thereunder require that the Urban Renewal Plan for the project area be approved by the governing body of the locality in which the project is situated and that such approval include findings by the governing body that: (1) the financial aid to be provided in the contract is necessary to enable the project to be undertaken in accordance with the Urban Renewal Plan; (2) the Urban Renewal Plan will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; (3) the Urban Renewal Plan conforms to a general plan for the development of the locality as a whole; and (4) the Urban Renewal Plan gives due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the Plan; and WHEREAS, the City of South Bend Department of Redevelopment (herein called the "Local Public Agency "), has entered into a planning contract for financial assistance under such Act with the United States of America, acting by and through the Secretary of Housing and Urban Development, pursuant to which Federal funds were provided for the urban renewal project (herein called the "Project "), identified as "Central Downtown Project, IN. R -66" and encompassing the area bounded by a line drawn as follows: Beginning at a point formed by the intersection of the north right -of -way line of LaSalle Avenue and the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the north right -of -way line of Washington Street; thence west along the north right -of -way line of Washing- ton Street to the west right -of -way line of Lafayette Boulevard; thence south along the west right -of -way line of Lafayette Boule- vard to the south right -of -way line of Jefferson Boulevard; thence east along the south right -of -way line of Jefferson Boulevard to the west right -of -way line of Main Street; thence south along the west right -of -way line of Main Street to the south right -of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street to the west right -of -way line of Fellows Street; thence south along the west right -of -way line of Fellows Street to the south right -of -way line of Monroe Street; thence east along the south right -of -way line of Monroe Street and pro- ceeding in a northeasterly direction along said right -of -way to the center of the St. Joseph River,; thence proceeding in a northwesterly direction along the center of the St. Joseph River to the north right -of -way line of LaSalle Avenue; thence west along the north right -of -way line of LaSalle Avenue to the west right -of -way line of Main Street which is the point of beginning, all in the City of South Bend, St. Joseph County, State of Indiana, (herein called the "Project Area "); and a1. . 1' WHEREAS, the Local Public Agency has applied for additional financial assistance under such Act and proposed to enter into an additional contract or contracts with the Department of Housing and Urban Development for the undertaking of, and for making available additional financial assistance for the Project; and WHEREAS, the Local Public Agency has made detailed studies of the location, physical condition of structures, land use, environmental influences, and the social, cultural, and economic conditions of the Project Area and has determined that the area is a blighted area and that it is detrimental and a menace to the safety, health, and welfare of the inhabitants and users thereof and of the Project Area, because of the presence of blighted structures and the lack of adequate community improvements, and the members of this Governing Body have been fully appraised by the Local Public Agency and are aware of these facts and conditions. Due to the changing market conditions governing land use, certain land use provisions should be changed in order to update the Urban Renewal Plan in accordance with these current market condi- tions and update plan studies; and WHEREAS, there has been prepared and referred to the Common Council of the Project Area (herein called the "Governing Body ") for review and approval certain revised pages to the Urban Renewal Plan for the Project Area, dated November 15, 1967. WHEREAS, the Urban Renewal Plan and the amendments and plan changes proposed by those certain pages presented at this meeting have been approved by the Local Public Agency, as evi- denced by the copy of said Body's duly certified Resolution No. 522 approving the Urban Renewal Plan and said amendments and plan changes which resolution and which revised pages are attached thereto; and WHEREAS, a general plan has been prepared and is recognized and used as a guide for the general development of the Project Area as a whole; and WHEREAS, the Area Plan Commission of St. Joseph County, which is the duly designated and acting official planning body for the Project Area, has submitted to the Governing Body its report and recommendations respecting said Urban Renewal Plan and said amend- ments and plan changes for the Project Area and has certified that said Urban Renewal Plan and said amendments and plan changes conform to the said general plan for the Project Area as a whole, and the Governing Body has duly considered said report, recommendation, and certification of the planning body; and WHEREAS, the Urban Renewal Plan and said amendments and plan changes for the Project Area prescribe certain land uses which the Project Area will require, among other things, changes in zoning,the vacating and removal of streets, alleys, and other public ways, the establishment of new street patterns, the loca- tion and relocation of'sewer and water mains and other public facilities, and other public action; and WHEREAS, the Local Public Agency has prepared and submitted a program for the relocation of individuals and families that may be displaced as a result of carrying out the Project in accordance with said Urban Renewal Plan and said amendments and plan changes; and WHEREAS, there have Body information and data have been prepared by the surveys, and inspections analysis of the data and surveys, and.inspections; also been presented to the Governing respecting the relocation program which Local Public Agency as a result of studies, in the Project Area and the assembling and information obtained from such studies, and -2- 1 WHEREAS, the members of this Governing Body have general knowledge of the conditions prevailing in the Project Area and of the availability of proper housing in the City and County for the relocation of individuals and families that may be displaced from the Project Area and, in the light of such knowledge of local housing conditions, have carefully considered and reviewed such proposals for relocation; and WHEREAS it is necessary that the Governing Body take appro- priate official action respecting the relocation program and said Urban Renewal Plan and said amendments and plan changes for the Project, in conformity with the contracts for financial assistance between the Local Public Agency and the United States of America acting by and through the Department of Housing and Urban Develop- ment Administrator; and WHEREAS the Governing Body is cognizant of the conditions that are imposed in the undertaking and carrying out of urban re- newal projects with Federal financial assistance under Title I, including those proscribing discrimination because of race, color, creed, sex or national origin: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: 1. That it is hereby found and determined that the Project Area is a blighted area a,nd qualifies as an eligible Project Area under the Redevelopment of Cities and Town Act of 1953, as amended. 2. That the Urban Renewal Plan, and the amendments and plan changes thereto proposed, presented at this meet- ing for the Project aforementioned, having been duly reviewed and considered, are hereby approved, and the City Clerk be and is hereby directed to file copies of said Urban Renewal Plan and said amendments and plan changes with the minutes of this meeting. 3. That it is hereby found and determined that the objec- tives of the Urban Renewal Plan and the proposed amend- ments and plan changes cannot be achieved through more extensive rehabilitation in the Project Area, and that the additional acquisition proposed should be accomplished. 4. That it is hereby found and determined that said Urban Renewal Plan and said amendments and minor plan changes for the Project Area conform to the general plan of the City and County. 5. That it is hereby found and determined that the financial aid provided and to be provided pursuant to the contract for Federal financial assistance pertaining to the Project is necessary to enable the Project to be undertaken in accordance with the Urban Renewal Plan and the proposed amendments and plan changes for the Project Area. 6. That it is hereby found and determined that the above mentioned Urban Renewal Plan and the proposed amendments and plan changes for the Project Area will afford maxi- mum opportunity, consistent with the sound needs of the .City and County as a whole, for the urban renewal of such areas by private enterprise. 7. That it is hereby found and determined that the Urban Renewal Plan and the proposed amendments and minor plan changes for the Project Area give due consideration to the provision of adequate park and recreational areas -3- - •' • 4. and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the Project Area. 8. That it is hereby found and determined that the program for the proper relocation of individuals and families displaced in carrying out the Project in decent, safe, and sanitary dwellings in conformity with accep- table standards is feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the Project, and such dwellings or dwelling units available or to be made available to such displaced individuals and families are at least equal in number to the individuals and families, are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families in the Project Area, are available at rents or prices within the finan- cial means of the individuals and families, and are reasonably accessible to their places of employment. 9. That in order to implement and facilitate the effec- tuation of the Urban Renewal Plan and the proposed amendments and plan changes hereby approved, it is found and determined that certain official action must be taken by this Governing Body with reference,among other things, to changes in zoning, the vacating and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action, and accordingly, this Body hereby (a) pledges its cooperation in helping to carry out such Urban Renewal Plan as amended by those certain pages presented at this meeting; (b) requests the various officials, departments, boards, and agencies of the City having administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consis- tent with said Urban Renewal Plan as amended by those certain pages presented at this meeting; and (c) stands ready to consider and take appropriate action upon pro- posals and measures designed to effectuate said Urban Renewal Plan as amended by those certain pages presented at this meeting. 10. That additional financial assistance under the provisions of Title I of the Housing Act of 1949, as amended, may be necessary to enable the land in the Project Area to be renewed in accordance with the Urban Renewal Plan and the proposed amendments and plan changes for the Project Area and, accordingly, the filing by the Local Public Agency of an application or applications for such finan- cial assistance under said Title I is hereby approved. SUBMITTED, for consideration this ATTEST: City Clerk BEE day of May, 1976. y Counc' man Presiding Officer CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 Mr. George Kruse Executive Director Michiana Area Council County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Dear Mr. Kruse: May 11 , 1976 of Governments Re: Central Downtown Project, IN R -66 Declaratory Resolution Urban Renewal Plan Amendments LU ' Z w � z n %VamAa COMMUNITY DEVELOPMENT PROGRAM DEPT. OF REDEVELOPMENT 1200 County -City Bldg., Phone 284 -9371 Redevelopment Commission F. Jay Nimtz President Donald A. Wiggins Vice President A. Peter Donaldson Secretary Robert J. Cira Assistant Secretary Lloyd E. Robinsor, Sr. Member C. Wayne Brownell Executive Director The South Bend Redevelopment Commission has determined that it is necessary to amend the above Urban Renewal Plan for the Central Downtown Project, IN R -66 in the following respects: 1. Increase the number of residential units permitted in Area E of the Project from 200 to 350 units. 2. To authorize a motor hotel as an appropriate land use in said Area E. In order to institute the changes in the land use provisions it is necessary that the Department of Redevelopment seek approval from all bodies which originally approved the Urban Renewal Plan. In this respect, the Redevelopment Commission passed-a declaratory resolution on May 7, 1976, which among other things approved the amendments to the Urban Renewal Plan. The declaratory resolution is also being presented to the Area Plan Commission for consideration at its meeting on May 18,1976, and to the Common Council of the City of South Bend for consideration at its meeting on May 24, 1976. The Redevelopment Commission will then hold a public hearing and will consider what is termed as a confirming resolution following the public hearing to confirm the declaratory resolution and the approval of the amendments to the Urban Renewal Plan. The purpose of this communication is to submit to Macog the declaratory resolution of the Redevelopment Commission and request Macog's review and approval at its meeting on Wednesday, May 12, 1976. For your use we are transmitting a certified copy of the declaratory resolution. A certified copy of the confirming resolution will be submitted to you immediately following its passage by the Redevelopment Commission. Please give me a call if you have any questions concerning this matter. 1 e yours, a rownel1 Enclosures Executive Dirpctnr