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HomeMy WebLinkAboutDouglas Rd. EDA Plan 2006DOUGLAS ROAD ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN Declaratory Resolution No. 2199 and Plan presented to the Redevelopment Commission on December 2. 2005 Declaratory Resolution No. 164-05 and Plan presented to the Area Plan Commission on December 20, 2005 Resolution No. 3556-06 and Plan presented to the South Bend Common Council on January 23, 2006 Confirming Resolution No. 2206 and Plan presented to the Redevelopment Commission on February 17, 2006 DOUGLAS ROAD ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN INTRODUCTION.......................................................................... DESCRIPTION OF PROJECT.............................................................................1 Boundaries of the Douglas Road Economic Development Area ..........................1 Goalsand Objectives............................................................................................2 Obstacles to Achieving the Economic Development Plan....................................2 Proposed Economic Development Activities........................................................ 3 Expected Public Benefit from the Economic Development of the Area ................ 3 LANDUSE............................................................................................................3 Development Controls.......................................................................................... 3 PublicImprovements............................................................................................4 PROJECT PROPOSALS................................................................. Property Acquisition.. ..................................................................... 4 ....................... PropertyRehabilitation.........................................................................................4 DevelopersObligations.........................................................................................5 STATUTORY AUTHORITY.................................................................................. 7 PROCEDURE FOR AMENDMENT OF THE APPROVED DEVELOPMENT PLAN................................................................... 7 EXHIBIT A ........................................................ Area Boundary Legal Description EXHIBIT B........................................................................Property Acquisition List EXHIBIT C ............ Commitment Regarding Use and Development of Real Estate MAP 1............................................................... Development Area Boundary Map MAP 2................................................................... Development Area Zoning Map MAP 3..................................................... Development Area Expansion Area Map INTRODUCTION The Douglas Road Economic Development Area ("Area") provides the City of South Bend with a unique opportunity to improve its economic position in a Midwestern, regional and local context. By creating a new area for commercial development, the city will generate new jobs, increase its tax base, diversify business opportunities and compete in a larger marketplace, while generating millions of dollars of new investment for North Central Indiana. The Area, which is zoned primarily for commercial purposes, is a prime site for new development due to its ready access to a large, regional, commercial retail corridor in the Grape Road/Main Street Commercial District in Mishawaka. As available development area on Grape and Main has been consumed over the last twenty years, commercial retail and commercial office uses have begun to spread along the east - west arterials like Edison Road, Day Road and Douglas Road. The proposed Area is located at the easternmost point of the city limits of the City of South Bend and is a logical extension of the commercial development that is already developing along Douglas Road between State Road 23 and Grape Road. While the above mentioned factors combine to provide a strong impetus for development of this Area, lack of suitable roadway access and the absence of utility infrastructure have hindered normal development of an otherwise prime development site. It is the expectation of the Redevelopment Commission that the development of this Area will produce a significant increase in the city's overall economic vitality. To achieve this, however, the Redevelopment Commission and the City of South Bend must be able to provide the necessary public improvements to make the site suitable for new development. This requires public funds for capital improvements. The best method for funding these improvements without adding to the tax burden is through tax incremental financing. This tool is currently available only in redevelopment and economic development areas and will be of the utmost importance in this project. By using the tax increment generated by new development, the city will be in a position to provide the necessary capital improvements to spur future growth and development of this Area and the South Bend community as a whole. DESCRIPTION OF PROJECT Boundaries of the Douglas Road Economic Development Area The boundaries of the Douglas Road Economic Development Area are attached as Exhibit "A". Goals and Objectives Goals and objectives for the economic development of the Douglas Road Economic Development Area are- 1. To stimulate the development of currently vacant land through the creation of developable sites. 2. To stimulate new, private development and investment in the Area. 3. To increase and diversify the city's tax base. 4. To create a significant number of new job opportunities for the citizens of South Bend. 5. To improve the public infrastructure, specifically Douglas Road, to an upgraded status from SR 23 to the Mishawaka City limits. 6. To provide coordinated planning for a future growth area for the City. Obstacles to Achieving the Economic Development Plan Although the Douglas Road Economic Development Area has the potential to be a prime site for new commercial growth and development, the economic development plan for the Area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise because of: 1. Lack of necessary public improvements in the Area, such as the inadequate condition of Douglas Road for commercial purposes, the lack of public utilities and other infrastructure related to the orderly growth and development of new commercial, office and dense residential development concerns. 2. Lack of public utilities and upgraded infrastructure improvements has created a condition that lowers the value of the land below that of nearby land, specifically land to the east and to the west that is properly serviced with commercial grade utilities and infrastructure. 3. Lack of public funding to provide the necessary public utilities and infrastructure to allow for natural private sector growth to occur. Proposed Economic Development Activities Realization of the stated goals and objectives will be accomplished by a combination of public and private actions. These actions could include, but are not limited to, the following: property acquisition, relocation, clearance and dedication of public right-of- way, provisions for public facilities and improvements, and any other activity pertaining to planning and implementing an economic development plan. Expected Public Benefit from the Economic Development of the Area The implementation of the Douglas Road Economic Development Area Development Plan will result in several public benefits to the citizens of South Bend, including: Significant new job creation resulting from the new development as well as expansion of retail, commercial and office uses within the Area. 2. Increased and diversification of the city's tax base. 3. New private investment and development, as well as the coordination of development in future growth areas adjacent to the development area. 4. Improved roadway access in the northeast portion of the city along Douglas Road. 5. New construction and development opportunities, which will result in additional jobs and investment, especially in the construction trades as well as architectural, engineering and other related fields. 6. Coordinated planning for a future growth area for the city. LAND USE Development Controls In an effort to reduce real or perceived development constraints within the Area, the Redevelopment Commission will use the standards and guidelines contained within the Zoning Ordinance in Chapter 21 of the Municipal Code of the City of South Bend. In the event that need arises to develop an overlay or master design zone for the Area, a set of development guidelines and standards will be presented to the Redevelopment Commission for its adoption. Public Improvements In order to stimulate and facilitate new development and expansion in the Area, the City of South Bend will construct the following improvements in the Area, depending on the availability of funds: Widening construction and other improvements to existing roadways like Douglas Road or to new roadways. 2. Extension or construction of utilities such as water mains, storm and sanitary sewers and other improvements needed to serve the Area. 3. Other infrastructure improvements such as internal streets, lighting, landscaping, sidewalks, curbs, etc., as needed to serve the Area. 4. Other public improvements, as necessary for the Area. These public improvements will be phased as funds become available. PROJECT PROPOSALS Property Acquisition The Land Acquisition Plan Map ("Map 3") and Property Acquisition List ("Exhibit B") indicate no properties to be acquired for economic development purposes at this time. The initial development and designation requires no property acquisition. In the event of the acquisition of property, the Redevelopment Commission will sell or lease the property to a purchaser or lessee at its fair market value, excepting those cases when the property is sold or leased to another public body pursuant to Indiana Code 36-7-14-22(a) or 36-1-11-8, for uses in accordance with the Plan. Property Rehabilitation All properties in the Douglas Road Economic Development 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, and occupancy of existing property, including but not limited to, the Building, Plumbing, Heating, and Electrical Codes. Developers Obligations In the event land is acquired by the South Bend Redevelopment Commission, the land will be disposed of subject to an Agreement between the Commission and any potential developer. Any potential developer will be required by the Contractual Agreement to observe the Land Use and building requirements of this Development Plan. They will further be required to submit a development schedule satisfactory to the South Bend Redevelopment Commission. No developer will be permitted to defer the start of construction for a period longer than that required for the preparation of necessary development plans. In addition, the following provisions will be included in any agreement: 1. That any developer will submit to the Commission a plan and schedule for the proposed development. 2. That the purchase of the land is for the purpose of development and not for speculation. 3. That the land will be built upon and improved in conformity with the objectives and provisions of the Development Plan. 4. That the building of improvements will be commenced and completed within a reasonable period of time. STATUTORY AUTHORITY The controls, regulations and land use restrictions contained in this Plan are for the specific purpose of implementing the Douglas Road Economic Development Area Development Plan pursuant to Indiana Code 36-7-14-1-et.seq. PROCEDURE FOR AMENDMENT OF THE APPROVED DEVELOPMENT PLAN The Development Plan for the Douglas Road Economic Development Area may be amended by resolution of the South Bend Redevelopment Commission. Any change affecting any property or contractual right can be effectuated only in accordance with applicable state and local law. EXHIBIT A Area Boundary Legal Description Legal description for the Douglas Road Economic Development Area That part of the Southeast Quarter of Section 29 and the Northeast Quarter of Section 32, both being in Township 38 North, Range 3 East, Clay Township, City of South Bend, St. Joseph County, Indiana, which is described as: Beginning at the Southwest corner of the Plat of "Eclipse Douglas Road Minor Subdivision" as Recorded by Document No. 0525591 in the Records of the St. Joseph County, Indiana Recorder's Office; thence along the boundary of said Plat for the next three (3) courses, N. 00°-22'-23" E., 386.03 feet and S. 90"-00'-00" E., 995.85 feet and S. 00"-24'-09" W., 385.95 feet to the Centerline of Douglas Road and the North line of the Plat of "LaFree's Douglas Road Minor Subdivision" as Recorded by Document No. 0438848 in the Records of said Recorder's Office; thence S. 90°-00'-00" E. along said Centerline and North line, 131.95 feet to the Northeast comer of said Plat; thence S. 00°-16'-07" W. along the East line of said Plat, 782.00 feet to a point on the North line of the Plat of "Hartman's Douglas Road Minor Subdivision" as recorded in the Records of said Recorder's Office; thence along the Boundary of said Plat for the next twelve (12) courses, N. 89°-52'-15" E., 200.51 feet and S. 00"-19'-34" W., 567.55 feet and S. 89°-55'-55" W., 454.13 feet and N. 000--18'-07" E., 300.32 feet and N. 830-31'-41" W., 364.78 feet and N. 00°-08'-39" E., 226.95 feet and N. 890-57'-12" W., 509.91 feet and N. 00°-31'-07" W., 287.09 feet and N. 89°-44'-18" E., 134.10 feet and N. 01 "-07'-30" E., 243.39 feet and N. 890-52'-54" E., 187.70 feet and N. 00°-14'-52" E., 199.71 feet to the South Right-of-way line of Douglas Road; thence S. 890-57'-53" W. (Record, West) along said South line, 324.33 feet more or less to a point on the West line of the East half of the Northeast Quarter of said Section 32; thence N. 00"-3l'-07" E. along said West line, 20.00 feet more or less to the Point of Beginning. Containing 33.99 Acres more or less. Subject to all legal highways, easements and restrictions of record. EXHIBIT B Property Acquisition List Resolution # Date Property Address Tax ID Owner's Name EXHIBIT C Commitment Regarding Use and Development of Real Estate ;=r„ rDNT)' JR kCC; COO, fi I ME_NT REGARD , (JS( Sf AND DE4-`':I-0P\,IELT OF REAL ES-EVI-E Richard &Ante i„atTee otSOt Lriculn;vay East, Mishawaka, Indiana 4654.and Jerry & tifarautrti 43a4ri at 15575 ti, ictoriari Court, Granger. Indiana 46i30. hereinafter referred to as `(;)%nets"% concermna terra[" real estate Iocated in the 5500 Block of cute South sick of Douslas Road- South [lend. Indiana 46635 with the tutus being 6,97 acres, Crinunvnly knomi as the 3500 Block of the South side of Dougias Road. South Bend- Indiana 46635 aria [he. legal ,iescription being as follows, TKkT PART OF THE SOU .FAST QUARTER OF SECTION 37, TOWN SHfP 38 yOR'rFi. RANGE 3 EAST - CLAN' TMkN'SF3€I' CITY OF SOUTH BEND. SF. JOSEPH COI:"'ti'TY, 17,4MANA WHICH IS DESCRIBED .AS, BEGINNWNG AT 114E NORTHMTST CORNER OF THE N-AT OF "LAFREF'S DOGGL-IS ROAD MINOR SUBDiy'ISIO` ,r .AS RECORDED BY DOCUMENT NO. 0438848 iy' THE RECORDS OF THE RECORi7ER'S OFFICE OF ST. JOSEPH COUNTY, PtiDI.AN.A, T}IFNCE S_ 00'-W 00" W. ALONG THE WES f LINE OF SAID PLAT, '52.7 FEE"r MORE OR LESS; THENCE S W-00'-00" W, 199 43 FEET MORE OR LESS, THENCE N. 74 uQ'-oa" F„ 318.40 FEET MORE OR LESS; THENCE S. 90-00'-00" W"., 353,87 FEET MORE OR LESS: THENCE N. W-00'-00" E-, 434 36 FEET MORE OR LESS TO THE CENTERLINE OF DOUGLAS ROAD; THENCE: N 9W-00`-00" E. ALONG SAID CENTFRL€NE. 353.32 FEET MORE OR LESS TO THE POINT- OF BEGINN"fNG COOT iNlNG 6.9' ACRES MORE OR LESS SUBJECT TO ,ALL LEGAL HIGHWAYS, EASEMENTS AND iiESTRiCTCONS OF RECORD And having filed a petition to Rezone said properh on June S. 2005 with the Cih of South Bend Common Council and rile Area Plan Coon tssian Of St..foscph Count) to Rezone Said property from '`SFI" Single Famil} and Two Family District and -OB" Office Buffer DiSrrics to '-CIE" Community Business District, slues hereby make. pursuant to LC, 36- 4-613, the following commitments concerning the use and development of said real es[are as expressed conditions of the proposed rezoning of said propem from "SFl" Single Famrly-and Two Family District and 'OB" Office Buffer District to "CK Community Business District b} the City of South Bend Common Council: I. The Owrwrs agree not to use the above -described property for any of the Faf€utving Primnr% L'SaS; (al. Gasoline Service Station with or without repair, (b). Fast Food'Dtive-Through. Bar. ('abaret-adult, Cabaret-?i and Over, Tavern. E0- Bus Station, (.i}. Neighborhood Recycling Collection, fe). Skating Rink ften or ruder) - indoor Social Half. Cheater -indoor, (f). Retain improvement Store; Lumber Yard; Special Exception USeS. (a) js4rllancou5- C3Sinns with or without Hotel facilities where gambling games are conducted. Off -Track PZM-rt)utual W'Agerina facilities. Public Dafi'o Hatt. Billard Hail, Pawn Shop. Gun Shop and Gunsmith Shops. {bl_ Personal services: Tattoo, Body F'iercin;; Scarifving and Brandin; Establishments. (a Recreation Arcades. Amuseinent Arcadei. Fairgrounds; Skate Board Park: Theater -outdoor ? The 0%rers agree to use the nctth d U teel otrhe proper[, described above for allotted retail uses (exceplittg uses lured in item � I abuse) Am building hwated in zxcess E i,c, further South) of the above ;tared mnrth-south dimension 3hal! be limited to Pro.ea.ijonal office uses incfudinz but not kmitcd to Medical office use: 3 Uwners ,A?w a_dc no leave no Engress oar _;r�ss irr�rr <Fe C'E4" Comn�urtfty 1 Limesi Zoned poruan o: the properly to Elkins a[reec or tilcErtain- lvemae. f hi! Owners a'eree :hat ,,Fang !--ontmrnatcnt sfrall be recocueJ to W-e Ot" ce t;f lhf 5 . I�aseph C'Uurr�. Recorder, and a file•tnarked cc>pt of the recorded ConUTIMrent shall be PUMBhed to the Cis} of HOLM Bend Common Council, the .Area Plan C;otrttrrtssiort of St, Joseph Count}. and ail proper owners of recce �! located 5vithir, three hundred (300') Fcer of the pennoned propem ,,he Petitioners further a_rec thar ,hose eommirmenr, hall take eif�cr upon thcr adoptiaan of art .rmtndmem to the Cul,. of South Bond Zotrm, ©,dirnance by the Civ. Of South Bend Common Council i,,r accordance �Eith rho Peunoner ; Penrion to rezone, T11,- Ovvners timher agree dtar the_- commitment, le rmochreed or remimatad only by a deGi ,Iri of the .area Plan C,. fnmi$SIOn of St. Joseph Coun!� made at a public hearing atier novice has bee!; prav!titd 13,, their rules as prs+:il3cd at 6 The Owners agree that this commmtmenr shall be enforceable by an action. in .ither law or egmtw by the City of Sourh Bend. the Ckrt of Sourh Rend Common Council, Cite of South fiend Zoning Mministrator, the ,Area Alan Ctarnmission of 5t Joseph County, or b one t I I or rttore property of+nen located Within three hundred (300' ) feet of the petitioned properr.- ind.or the successor and assign, of said property owners, laid property owners being a class of especially aifectod person; cmjtleJ to ariforce these commitmepts as coradmpiated b} l C- 36-- -4-61 " The o wrr :rs heraba agree that the use and development of said property shall be suit,,{v in accordance avith tilt terms anti provisions of these comrrlltnlej;rs arid, 3 The O3Nuers further agree that these comm!ttt:enrs 'shall be binding upon the atrners, their 3uecessors in interesl- ashtyns. heirs, benetiuiaraes and personal representatives of their estates provided this be then in title in the real estate above described. Executed �,�,t� dab of r, 2003 1pproaed AR -EA PLAN COI 7O'N OF S'f JOSEPH -`f f ATTEST Sri F Prepared hM Rtcha-d Esc Mutt Latrte and dem. 3(arquen N'lacri-Owners STAT[= OF [NDIAN k ) tSS COG` Cyr OF SI. JOSLPH ) Before me, a Notary Public in and for said County and Statc, personall} appeared John W. Byomi and Karl King and acknowtedged the execution of the foregoing Cornmitment Regarding Use and Development of Deal Estate owned by Richard Lafree. Anne Lafree. Jerry Macri and Margueryy Macri. WITNESS WHEREOF. I have hereunto set my hand and official seal this - i f -T --day of_ 2005. N[y Commission expires: i•€e-.. - - - I - — Notary Public Resident. of St. Joseph County, Indiana m APPROVED AREA PLAN COMMISSION OF ST. JOSE Pf I COL ',"IT.- KA ink Press en ATTEST: ,��I i-I flgi dsottf,", Whyomi — Assit SecretarY MAP 1 Development Area Boundary Map , g / o° Douglas R 13 17 4 1} O a C3 m o. a Q CI MAP 2 Development Area Zoning Map MAP 3 ❑evelopment Area Expansion Area Map