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HomeMy WebLinkAboutEstablishing Local Criteria Designation of Areas City of South Bend as Impact Areas for PurposeORDINANCE No. 7372 -84 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: _ August 27, 19 84_ IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by Auaust 28. Ig 84 Clerk of Common Council IRENE K. GAMMON ig �L City Clerk SUBSTITUTE BILL NO. 50 -84 ORDINANCE NO. - 737. -gq AN ORDINANCE ESTABLISHING LOCAL CRITERIA FOR DESIGNATION OF AREAS WITHIN THE CITY OF SOUTH BEND AS IMPACT AREAS FOR PURPOSES OF USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS STATEMENT OF PURPOSE AND INTENT: Regulations promulgated for the use of Community Development Block Grant funds from the United States Department of Housing and Urban Development and in particular 24 CFR 570.901 (b)(2), permit use of those funds for activities which aid in the prevention or elimination of deteriorating conditions in areas designated under local law. Activities qualifying under this category must address one or more of the conditions which qualify the area. Therefore, in order to establish locally certain targeted areas as impact areas, the South Bend Common Council establishes the following criteria and procedures to be used as a local law to comply with 24 CFR 570.901(b)(2). NOW, THEREFORE, BE IT ORDAINED BY THE SOUTH BEND COMMON COUNCIL, AS FOLLOWS: SECTION I. Chapter 2, Article 15 of the South Bend Municipal Code is amended to read as follows: Article 15. Designation of Impact Areas. Section 2 -171. Board of Public Works Action. (a) Whenever the Board of Public Works finds that an area within the City of South Bend meets the criteria established under this section, it may recommend by resolution that the South Bend Common Council designate that area to be an impact area for the planned use of Community Development Block Grant funds. (b) Before making the finding in subsection (a), above, the Board shall require the Division of Community Development to prepare: (1) Maps and plats showing the boundaries of the area, the location of the various parcels of property, streets, alleys, and other features of relevance within the area, or a description of the general boundaries of the area by its location in relation to public ways, streams, or otherwise, as determined by the Board; and (2) Objectively determinable signs of physical deteriora- tion in the area, in the form of a substantial number of deteriorating or dilapidating buildings or improve- ments, together with comparisons against objective criteria, listed in subsection (c) below for the land use, or uses, of that individual area. (c) Objective criteria to be used in establishing whether or . , , -- - -- - -r 4 -4 -- c.kn1 1 (C) Vacancy rates, percent or number of vacant structures; (D) Renter /owner ratio; (E) Substantial code violations; (F) Population losses compared with the metropolitan statistical area; (G) Income range of residents, percentage of low and moderate income residents; (H) Deteriorated or dilapidated buildings and improvements; (I) Infrastructure condition; (2) Commercial land use: (A) Substandard structures or units; (B) Age of structures; (C) Vacancy rates, percent or number of vacant structures; (D) Condition of buildings; (E) Substantial code violations; (F) Character of occupancy; (G) Underutilization of structures /land; (H) Parking conditions, parking availability; (I) Deteriorating or vacant upper level housing units; (J) Re -use capabilities of structures; (K) Need, surrounding market potential of neighbor- hood; (L) Cessation of growth, as demonstrated by lack of new businesses, rehabilitation, and sales ex- pansion; (M) Income range of residents, employees, percent of low and moderate income jobs available; (N) Deteriorated or dilapidated buildings and improvements; (0) Infrastructure condition; (3) Industrial land use: (A) Substandard structures or units; (F) Character of occupancy; (G) Underutilization of structures /land; (H) Parking conditions, parking availability; (I) Re -use capabilities of structures; (J) Cessation of growth, as demonstrated by lack of new industry, rehabilitation, and expansion; (K) Income range of residents, employees, percent of low and moderate income jobs available; (L) Deteriorated or dilapidated buildings and improvements; (M) Infrastructure condition; (N) Existence of public health hazards, particularly environmental and pollution hazards; (0) Employment loss compared to the metropolitan statistical area; (P) Employment potential; (d) In addition to the criteria listed in subsection (c), above, the Board may consider other information presented by the Division of Community Development relating to deteriorating conditions, such as the existence of vacant lots or acres of vacant land within the area, tax delinquent property within the area, the number of new building permits issued in the area, as compared with other similar land use areas within the city, and other factors unique to the area which impair development. (e) Upon receipt of the report from the Division of Community Development with regard to the proposed impact area, the Board shall examine the evidence in the report and shall hold a public hearing to receive other evidence. Following the hearing, the Board shall determine whether or not the area meets the criteria for designation as an impact area for planned use of Community Development Block Grant funds. Section 2 -172. Common Council Action. (a) Upon receipt of a resolution from the Board of Public Works recommending the designation of an area as an impact area under this Article, together with copies of documents considered by the Board in making its finding, the Common Council shall consider the area and shall determine whether use of Community Development Block Grant funds within that area will be of public use and benefit and in furtherance of the City's plan for use of such funds. (b) If the Council determines that such funds should be used in the area recommended by the Board, it shall pass a resolution designating the area an impact area for use of Community Development Block Grant funds. Section 2 -173. Effect of Designation. Section 2 -174. Term of Designation. Any designation of an area under this section shall be effective from and after the date of the Council's action for a period of three (3) years. SECTION II. This ordinance shall be in full force and effect from an a ter its adoption by the Common Council and approval by the Mayor. CITY of SOUTH BEND ROGER 0. PARENT, Mayor COUNTY -CITY BUILDING • SOUTH BEND, INDIANA 48801 DIVISION OF COMMUNITY DEVELOPMENT Colleen Rosenfeld Director August 7, 1984 Members of the Common Council 4th Floor, County -City Bldg. South Bend, IN 46601 Dear Council Member: J�\�� • D <1 ­0 • IIIII 3 rn 0 2 y 1200 County -City Building South Bend, Indiana 46601 (219)284 -9335 This ordinance submitted for your consideration is a substitute bill based on discussions with the Human Resources and Economic Development Committee. The ordinance incorporates the reccgrmendations of the Committee. The term used will be impact areas and the reviewing groups involve the Citizen Advisory Council in an advisory role, the Board of Works in a recommending role, and the Common Council in an approval role. I would anticipate that at the 8/13/84 Council meeting, the bill will be set for public hearing and second reading at a subsequent Council meeting. Should you have any questions, please don't hesitate to contact me. Sincerely, Cam' Colleen Rosenfel Director CR/bsj Attach.