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HomeMy WebLinkAbout5A1 Resolution No. 3664 (Confirming RWDA IDD Project Site Allocation) - Signed RESOLUTION NO. 3664 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION CONFIRMING A DECLARATORY RESOLUTION APPROVING AMENDMENTS TO THE DECLARATORY RESOLUTION AND THE DEVELOPMENT PLAN FOR THE RIVER WEST DEVELOPMENT AREA FOR THE PURPOSE OF ESTABLISHING NEW ALLOCATION AREAS AND RELATED MATTERS WHEREAS, the South Bend Redevelopment Commission (the “Commission”), the governing body of the City of South Bend, Indiana, Department of Redevelopment (the “Department”) and the Redevelopment District of the City of South Bend, Indiana (the “District”), exists and operates under the provisions of Indiana Code 36-7-14, as amended from time to time (the “Act”); and WHEREAS, the Commission has heretofore adopted a declaratory resolution (as subsequently confirmed and amended from time to time, the “Declaratory Resolution”) designating an area known as the River West Development Area (the “Area”) as an economic development area pursuant to the Act, designating portions of the Area as allocation areas pursuant to Section 39 of the Act (collectively, the “Allocation Area”), and approving and subsequently amending from time to time a development plan for Area (the “Original Plan”); and WHEREAS, the Commission on December 18, 2025, approved and adopted its Resolution No. 3661 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 New Allocation Areas and Related Matters” (the “Amending Declaratory Resolution”), a copy of which is attached hereto as Exhibit A; and WHEREAS, the Amending Declaratory Resolution approved amendments to the Declaratory Resolution previously adopted by the Commission and the Original Plan previously approved by the Commission to (a) designate certain areas, each of which is presently part of the Allocation Area, as separate allocation areas pursuant to Section 39 of the Act to be known as (i) the “Lafayette North Allocation Area” as described and depicted at Exhibit A to the Amending Declaratory Resolution, (ii) the “Lafayette South Allocation Area” as described and depicted at Exhibit B to the Amending Declaratory Resolution, (iii) the “Ignition Park Allocation Area” as described and depicted at Exhibit C to the Amending Declaratory Resolution, (iv) the “Downtown North Allocation Area” as described and depicted at Exhibit D to the Amending Declaratory Resolution, (v) the “Michigan Street Corridor Allocation Area” as described and depicted at Exhibit E to the Amending Declaratory Resolution, (vi) the “Studebaker Campus Allocation Area” as described and depicted at Exhibit F to the Amending Declaratory Resolution, (vii) the “Riverfront West Allocation Area” as described and depicted at Exhibit G to the Amending Declaratory Resolution, and (viii) the “Downtown South Allocation Area” as described and depicted at Exhibit H to the Amending Declaratory Resolution (clauses (i) through and including (viii), collectively, the “Allocation Areas”), and (b) amend the Original Plan to include each of the Allocation Areas therein; and WHEREAS, the South Bend Plan Commission, on January 26, 2026, approved and adopted its resolution (the “Plan Commission Order”) determining that the Amending Declaratory 2 Resolution and the Original Plan, as amended by the Amending Declaratory Resolution (as amended, the “Plan”), conform to the plan of development for the City and approved the Amending Declaratory Resolution and the Plan; and WHEREAS, pursuant to Section 16 of the Act, the Common Council of the City (the “Common Council”), on January 26, 2026, adopted Resolution No. 5160-26 which approved the Amending Declaratory Resolution, the Plan and the Plan Commission Order; and WHEREAS, the Commission has received the written orders of approval as required by Section 17(a) of the Act; and WHEREAS, the Commission caused to be published and delivered the notices required by Section 17 and 17.5 of the Act, concerning the Amending Declaratory Resolution and the Plan; and WHEREAS, at the hearing (the “Public Hearing”) held by the Commission on February 12, 2026, the Commission heard all persons interested in the proceedings and received ____ written remonstrances that had been filed and considered those written remonstrances that were filed, if any, and all evidence presented; and WHEREAS, the Commission now desires to take final action determining the public utility and benefit of the Plan, as amended, and the proposed development activities for each of the Allocation Areas, approving the Plan, and confirming the Amending Declaratory Resolution, in accordance with Section 17 and Section 17.5 of the Act; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission, as follows: 1. After considering the evidence presented at the Public Hearing, the Commission hereby confirms the findings and determinations, designations and approving and adopting actions contained in the Amending Declaratory Resolution. 2. After considering the evidence presented at the Public Hearing, the Commission hereby finds and determines that it will be of public utility and benefit to proceed with the proposed activities set forth in the Plan, as amended, and the Plan, as amended, is hereby approved in all respects. 3. The Amending Declaratory Resolution is hereby confirmed. 4. This Resolution constitutes final action, pursuant to Section 17(d) of the Act, by the Commission determining the public utility and benefit of the Plan, as amended, and the proposed activities and confirming the Amending Declaratory Resolution pertaining to the Area. 5. The Secretary of the Commission is directed to record and file the final action taken by the Commission pursuant to the requirements of Section 17(d) of the Act. 6. This resolution shall take effect immediately upon its adoption by the Commission. 3 ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment Commission held on the 12th day of February, 2026. SOUTH BEND REDEVELOPMENT COMMISSION President ATTEST: Secretary EXHIBIT A AMENDING DECLARATORY RESOLUTION NO. 3661 (See attached) DMS 50672600v1