HomeMy WebLinkAbout25-12 Resolution Approving a Certain Declaratory Resolution for the River West Development Area Adopted by the South Bend Redevelopment Commission r. Filed in Clerk's Office
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�`eEACE .1. 1 Bianca Tirado
,. % x ..: City Clerk, South Bend, IN
1865
CITY OF SOUTH BEND
DEPARTMENT OF COMMUNITY INVESTMENT
February 5, 2025
Councilmember Canneth Lee Councilmember Troy Warner
President Chairperson
South Bend Common Council Community Investment Committee
County-City Building, 4th Floor South Bend Common Council
South Bend, Indiana 46601 County-City Building,4th Floor
South Bend, Indiana 46601
RE: Bill No. 25-12 —A Resolution of the Common Council of the City of
South Bend, Indiana, Approving an Order of the South Bend Plan
Commission Approving a Certain Declaratory Resolution for the River
West Development Area Adopted by the South Bend Redevelopment
Commission
Dear President Lee and Councilmember Warner,
Please find attached Bill No. 25-12, which is a resolution that would approve,
ratify, and confirm South Bend Plan Commission Resolution No. 2025-1. Bill No. 25-
12 has been filed for the Common Council's consideration pursuant to Section 16 of
Indiana Code 36-7-14.
On January 9, 2025,the South Bend Redevelopment Commission approved
and adopted a resolution that would amend the River West Development Area for the
purpose of establishing a new allocation area to support the redevelopment of
property on the west bank of the St. Joseph River south of Jefferson Boulevard. The
new allocation area would be known as the"Riverwalk Allocation Area"and includes
the southern Crowe building and adjacent surface parking lot; the northern Crowe
building would not be included.
Indiana Code 36-7-14 also requires that the South Bend Plan Commission
approve the resolution adopted by the Redevelopment Commission. The Plan
Commission approved and adopted its resolution on January 21, 2025. The Common
1400 COUNTY-CITY BUILDING•227 W.JEFFERSON BOULEVARD•SOUTH BEND,INDIANA 46601
PHONE 574/235-5898 • FAX 574/235-9892 • TTY 574/235-5567
Council must now adopt and approve the Plan Commission's resolution before the
River West Development Area can be amended. This is the purpose of Bill No. 25-12.
Tax increment revenues from the new Riverwalk Allocation Area would be
used to support—through the issuance of taxable economic development tax
increment revenue bonds—a transformative$61.5 million redevelopment project(the
Riverwalk Project) led by Indiana developer, J.C. Hart Company, Inc. The company
will demolish the existing vacant south Crowe building and construct two new multi-
family residential buildings (291 total apartments) and a 398-space parking garage.
One of the buildings will wrap the parking garage.
The full development of the Riverwalk Allocation Area with these
improvements would not proceed as planned without the contribution of tax
increment revenues to be derived from the Riverwalk Allocation Area to the project.
The City would have no payment obligations with regard to the bonds other than a
portion of the new tax increment revenues generated by the Riverwalk Project, and
the developer guarantees debt service payments for the City-issued bonds.
Pending adoption by the Common Council of Bill No. 25-12, the Department
of Community Investment would anticipate filing an ordinance to be considered by
the Common Council at an upcoming meeting that would authorize the issuance of
the bonds discussed above in support of the Riverwalk Project.
Sincerely,
Caleb Bauer
Executive Director
Department of Community Investment
CC: South Bend Redevelopment Commission
South Bend Plan Commission
J.C. Hart Company, Inc.
Sandra Kennedy, Corporation Counsel
Filed in Clerk's Office
BILL NO. 25-12
RESOLUTION NO. Bianca Tirado
City Clerk, South Bend, IN
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE SOUTH BEND PLAN
COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION FOR
THE RIVER WEST DEVELOPMENT AREA ADOPTED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION
WHEREAS, the South Bend Redevelopment Commission (the "Redevelopment
Commission"), the governing body of the South Bend Department of Redevelopment (the
"Department")and the Redevelopment District of the City of South Bend, Indiana(the"District"),
pursuant to Indiana Code 36-7-14, as amended (the "Act"), on January 9, 2025, approved and
adopted its Resolution No. 3627 entitled "Resolution of the South Bend Redevelopment
Commission Approving Amendments to the Declaratory Resolution and the Development Plan
for the River West Development Area for the Purpose of Establishing a New Allocation Area and
Related Matters" (the"Amending Declaratory Resolution"); and
WHEREAS, the Amending Declaratory Resolution approved amendments to the
Declaratory Resolution previously adopted by the Redevelopment Commission and the
development plan (the "Plan") previously approved by the Redevelopment Commission in
connection with the establishment and subsequent amendment of the River West Development
Area (the "Area") and designation of the related allocation area (the "Allocation Area") to (i)
designate an area, presently part of the Allocation Area and described at Exhibit A of the
Amending Declaratory Resolution, as a separate allocation area to be known as the "Riverwalk
Allocation Area"(the"Riverwalk Allocation Area") and(ii)amendment of the Plan to include the
Riverwalk Allocation Area therein(clauses(i)and(ii),collectively,the"2025 Amendments"); and
WHEREAS, on January 21, 2025, the South Bend Plan Commission (the "Plan
Commission") met and adopted and approved its resolution, a copy of which is attached hereto as
Exhibit A, determining that the Amending Declaratory Resolution and the 2025 Amendments
conform to the plan of development for the City of South Bend, Indiana (the "City"), and
designated such resolution as the written order of the Plan Commission approving the Amending
Declaratory Resolution and the 2025 Amendments, as required by Section 16 of the Act(the"Plan
Commission Order"); and
WHEREAS, Section 16 of the Act prohibits the Redevelopment Commission from
proceeding until the Plan Commission Order is approved by the legislative body of the City; and
WHEREAS, the Common Council of the City (the"Common Council") is the legislative
body of the City and now desires to approve the Plan Commission Order in order to permit the
Redevelopment Commission to proceed with the further development of the Area as a result of the
2025 Amendments;
NOW,THEREFORE,BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION 1. The Plan Commission Order attached hereto is hereby approved, ratified
and confirmed in all respects.
SECTION 2. The determination that the Riverwalk Allocation Area constitutes an
economic development area under the Act is hereby approved pursuant to Section 15 of the Act.
SECTION 3. This Resolution shall be in full force and effect from and after its adoption
by the Common Council.
PASSED,by the Common Council of the City of South Bend, Indiana, this 10th day of
February, 2025.
Canneth Lee, President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana, on the day of , 2025, at
o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of ,2025,at o'clock
.m.
James Mueller, Mayor
City of South Bend
2
EXHIBIT A
PLAN COMMISSION RESOLUTION
DMS 45983300v1
3
Filed in Clerk's Office
FE30J
Bianca Tirado
City Clerk, South Bend, IN
RESOLUTION NO. 2025-1
RESOLUTION OF THE SOUTH BEND PLAN COMMISSION
APPROVING RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION APPROVING AMENDMENTS TO THE DECLARATORY
RESOLUTION AND THE DEVELOPMENT PLAN FOR THE RIVER
WEST DEVELOPMENT AREA FOR THE PURPOSE OF ESTABLISHING
A NEW ALLOCATION AREA AND RELATED MATTERS
WHEREAS, the South Bend Plan Commission (the "Plan Commission"), is the
body charged with the duty of developing a general plan of development for the City of South
Bend, Indiana(the"City"); and
WHEREAS,the South Bend Redevelopment Commission(the"Commission"),the
governing body of the South Bend Department of Redevelopment (the "Department") and the
Redevelopment District of the City of South Bend, Indiana (the "District"), pursuant to Indiana
Code 36-7-14, as amended(the"Act"), on January 9, 2025, approved and adopted its Resolution
No. 3627 entitled "Resolution of the South Bend Redevelopment Commission Approving
Amendments to the Declaratory Resolution and the Development Plan for the River West
Development Area for the Purpose of Establishing a New Allocation Area and Related Matters"
(the"Amending Declaratory Resolution"); and
WHEREAS, the Amending Declaratory Resolution approved amendments to the
Declaratory Resolution previously adopted by the Commission and the development plan (the
"Plan") previously approved by the Commission in connection with the establishment and
subsequent amendment of the River West Development Area and designation of the related
Allocation Area (the"Allocation Area") to (i) designate an area, presently part of the Allocation
Area and described at Exhibit A of the Amending Declaratory Resolution,as a separate allocation
area to be known as the"Riverwalk Allocation Area"(the"Riverwalk Allocation Area") and (ii)
amendment of the Plan to include the Riverwalk Allocation Area therein (clauses (i) and (ii),
collectively,the"2025 Amendments"); and
WHEREAS, the Plan Commission desires to approve the Amending Declaratory
Resolution and the 2025 Amendments;and
WHEREAS,the Commission has submitted the Amending Declaratory Resolution
to the Plan Commission for approval pursuant to the provisions of the Act, which Amending
Declaratory Resolution is attached hereto as Exhibit A and made a part hereof;and
WHEREAS, the Plan Commission has reviewed the Amending Declaratory
Resolution and the 2025 Amendments described in the Amending Declaratory Resolution and has
determined that they conform to the plan of development for the City,and now desires to approve
the Amending Declaratory Resolution and the 2025 Amendments described therein and,pursuant
to Section 16 of the Act, the Plan Commission desires to issue its written order approving the
Amending Declaratory Resolution and the 2025 Amendments described therein:
NOW, THEREFORE BE IT RESOLVED by the South Bend Plan Commission, as
follows:
1. Pursuant to Section 16 of the Act, the Plan Commission hereby finds and
determines that the Amending Declaratory Resolution and the 2025 Amendments described in the
Amending Declaratory Resolution conform to the plan of the development of the City.
2. The Amending Declaratory Resolution and the 2025 Amendments
described in the Amending Declaratory Resolution are in all respects approved, ratified and
confirmed.
3. This Resolution hereby constitutes the written order of the Plan
Commission approving the Amending Declaratory Resolution and the 2025 Amendments
described in the Amending Declaratory Resolution pursuant to Section 16 of the Act.
4. The Secretary of the Plan Commission is hereby directed to file copies of
the Amending Declaratory Resolution with the minutes of this public meeting.
5. This Resolution shall be in full force and effect after its adoption by the Plan
Commission.
PASSED, ISSUED AND APPROVED by the South Bend Plan Commission this
21st day of January, 2025.
SOUTH BEND PLAN COMMISSION
417,k,
P}e Idl:nt
ATTEST:
Secretary
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