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HomeMy WebLinkAboutApproving the Order Determining Northeast Neighborhood Development Area Conforms to the Master PlanAttest: RESOLUTION 3271 -03 Passed by the Common Council of the City of South Bend, Indiana November 24, 20 03 W Presented by me to the Mayor of the City of South Bend, Indiana November 25, 20 03 City Clerk President of Common Council November 26, Approved and signed by me 20 03 . City Clerk Maya RESOLUTION NO. 321 k— Q3 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANADETERMINING THAT SOUTH BEND REDEVELOPMENT COMMISSION DECLARATORY RESOLUTION NO. 2016 DESIGNATING THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA AND THE PLAN FOR DEVELOPMENT OF SAID AREA CONFORMS TO THE MASTER PLAN OF DEVELOPMENT FOR THE CITY OF SOUTH BEND AND APPROVING SAID RESOLUTION NO. 2016 AND THE DEVELOPMENT PLAN WHEREAS, pursuant to Ind. Code § 36- 7 -14 -1, et seq. ( "Act"), the South Bend Redevelopment Commission ( "Commission ") has conducted investigations, studies and surveys and has thoroughly studied the area described herein and on November 17, 2003, the Commission adopted Resolution No. 2016 designating the area described as follows to be known as the "Northeast Neighborhood Development Area" ( "Area "): Beginning at the intersection of the centerlines of the East Race and LaSalle Avenue; thence East along said centerline of LaSalle Avenue to a point 110 feet West of the West right -of -way line of Niles Avenue; thence North 159.25 feet; thence East 110 feet to the West right -of -way line of said Niles Avenue; thence Easterly to the Northwest corner of Lot 71 in the Original Town of Lowell; thence East along the North line of said Lot 71 to the centerline of the first North -South alley East of Niles Avenue; thence North along said centerline of said Alley to the centerline of Madison Street; thence East along said centerline to the centerline of Hill Street; thence South along said centerline to the centerline of LaSalle Avenue; thence East along said centerline to the centerline of Sunayside Avenue; thence North along said centerline to the centerline of Rockne Drive; thence Northeasterly along said centerline to the East right -of -way line of Twyckenham Drive; thence North along said East right -of -way line to the Southwest comer of Lot 38 in Wooded Estates as shown in the Office of the Recorder of St. Joseph County, Indiana; thence Northeasterly along the Southeast lines of Lots 38, 37 and 36 to the Southwesterly right -of -way line of White Oak Drive; thence Northeasterly to the Southwesterly comer of Lot 35 in said Wooded Estates; thence Northeasterly along the Southeasterly lines of Lots 35, 34, 33, 32, 31 and 30 in said Wooded Estates to the Westerly right -of -way line of Black Oak Drive; thence Northeasterly to the Northwest corner of Lot 48 in said Wooded Estates; thence East along the North line of Lots 48, 51, 52, 53 and 54 to the centerline of Oak Ridge Drive; thence Northerly along said centerline to the centerline of Edison Road; thence West to the East line of Lot 5 Vacval and Davidson Subdivision projected South; thence North along said East line and its projection to the Northeast corner of said Lot 5; thence West to the East property line of a parcel of land owned by Patrick and Josephine Simeri; thence North to the Northeast comer of said Simeri parcel; thence West along the North line of Simeri parcel to the Northwest comer of said Simeri parcel; thence South along the West line of said Simeri parcel to a point 208.71 feet North of the South line of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, Indiana; thence West parallel with said South line, a distance of 208.71 feet; thence North to the Northeast comer of the Jamison Inn Condominium; thence West along the North line of said Jamison Inn Condominium to the centerline of Ivy Road; thence South along said centerline to the South line of said Southeast Quarter of Section 31; thence West along said South line to the West right -of -way line of Vacated Ivy Road projected North; thence South along said vacated West right -of- way line projected North to the South right -of -way line of Edison Road; thence West along said South right -of -way line to the West right -of -way line of Twyckenham Drive as dedicated by the University of Notre Dame; thence Southerly and Southeasterly along said West right -of -way line to a point 200 feet measured at right angles to the Northwesterly right -of -way line of South Bend Avenue to a point on the existing Corp. Line; thence Southwesterly parallel with said South Bend Avenue along said Corp. Line; thence West along said Corp. Line to the centerline of Eddy Street; thence North along the said centerline to the centerline of Edison Road; thence Southwesterly and Westerly along said centerline and the centerline of Angela Boulevard to the West line of Lot 95 University Heights as shown in the Office of the Recorder of St. Joseph County, Indiana projected North; thence South along the West lines of Lots 95, 94, 93, 92, 33 and 32 to the Southwest comer of said Lot 32; thence West along the North lines of Lots 29 thm 6 in University Heights to the centerline of Lawrence Street; thence South along said centerline to the centerline of Napoleon Street; thence West along said centerline to the centerline of Niles Avenue; thence Southeasterly along said centerline to the centerline of Corby Street; thence East along said centerline to a point 120 feet West of the first North -South alley East of Niles Avenue projected North; thence South, to a point 150 feet South of the South right -of -way line of Corby Street; thence East parallel with said South right -of -way line to the West right -of -way line of said first North -South alley East of Niles Avenue; thence South along said West right -of -way line, a distance of 222 feet; thence Southwesterly, a distance of 260.82 feet; thence Northwesterly, a distance of 85 feet; thence Southwesterly, a distance of 222 feet to the Northeasterly right -of -way line of Niles Avenue; thence Northwesterly along said right -of -way line, a distance of 312 feet; thence Northeasterly, a distance of 199.95 feet; thence Northerly, a distance of 141.54 feet to a point 378.66 feet West of said first North - South alley East of Niles Avenue to a point on the South right -of -way line of Corby Street; thence West along said South right -of -way line and its projection West to the East shore of the St. Joseph River; thence Southerly along said East shore to the intersection with the centerline of the East Race; thence Southeasterly along said centerline to the place of beginning containing 616.0 acres more or less. WHEREAS, the Commission has determined that the Area is contiguous and compact; and WHEREAS, the Commission has caused to be prepared maps and plats of the Area which show the boundaries of the Area, the location of various parcels of property, streets, alleys, and other features affecting the acquisition, clearance, replatting, replanning, rezoning, or redevelopment of the Area, indicating the parcels of property to be excluded from acquisition and the parts of the Area to 2 be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes; and WHEREAS, upon such surveys, investigations, and studies being made, the Commission has found and determined in its Resolution No. 2016, that the Area is blighted to the extent that such blighted conditions cannot be corrected by regulatory processes or by the ordinary operations of private enterprise without resort to the provisions of the Act and that the public health and welfare would be benefttted by acquisition in and redevelopment of the Area under the provisions of the Act; and WHEREAS, the Commission has in its Resolution No. 2016 adopted the Northeast Neighborhood Development Area Development Plan ( "Development Plan") to serve as the plan for the redevelopment of the Area and approved conditions under which relocation payments will be made within the Area and established an Allocation Area for purposes of tax incremental financing; and WHEREAS, in accordance with the Act, the Commission has submitted its Resolution No. 2016 together with the Development Plan and supporting data to the Area Plan Commission of St. Joseph County, Indiana ( "Plan Commission ") for approval; and WHEREAS, the Plan Commission by its Resolution No. 146 -03, adopted on November 18, 2003, approved, ratified and confirmed Commission Resolution No. 2016 and the Development Plan without modification and further, the Plan Commission determined that Resolution No. 2016 and the Development Plan conform to the Master Plan of Development for the City of South Bend; and WHEREAS, the Common Council has received from the Commission certain proposed findings of fact as set forth in the Commission's Resolution No. 2016 which concern the location, physical condition of structures, land use, environmental influences and other economic conditions of the Area; and WHEREAS, the Common Council is cognizant of the conditions that are imposed by Title VI of the Civil Rights Act of 1964, as amended and is further, cognizant of the views of the residents, taxpayers and merchants in the Area; and WHEREAS, the South Bend Common Council, as governing body of the City, is required by the Act to approve the order of the Plan Commission and is further required to adopt the Development Plan before the Commission may proceed with acquisition in the Area or otherwise implement the Development Plan. NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council, as follows: Section 1. The order of the Area Plan Commission of St. Joseph County, Indiana as expressed in its Resolution No. 146 -03 of November 18, 2003 as attached hereto and incorporated herein at Exhibit "A ", is in all respects, approved. Section 2. The Common Council hereby finds and determines that, based upon the evidence presented consisting of maps and plats of the Area and the proposed findings of fact K? submitted to it, that the Area, which has been found by the Commission to be blighted, is blighted to an extent that cannot be corrected by regulatory processes or by the ordinary operation of private enterprise without resort to the provisions of the Act and that the public health and welfare will be benefitted by the acquisition and redevelopment of the Area. Section 3. The Common Council hereby finds and determines that the objectives of the Development Plan cannot be achieved without extensive rehabilitation of the Area consistent with the Development Plan. Section 4. The Common Council hereby finds that the Area is contiguous and compact. Section 5. The Common Council hereby recognizes the need for considering the views of the residents, taxpayers, and merchants in the Area in the redevelopment of the Area. Section 6. The Common Council hereby assures the United States of America full compliance with the provisions of Title VI of the Civil Rights Act of 1964, as amended. Section 7. The Common Council hereby fords and determines that South Bend Redevelopment Commission Resolution No. 2016 dated November 17, 2003 and the Development Plan are in all respects approved and adopted. Section 8. The Common Council hereby directs the City Clerk to file certified copies hereof together with the minutes of this meeting. Section 9. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Mem e , South Bend Common Council HAWPDataVENdghborhood De Acme molndo =Ut -Dec dory CcConncd NNDA. pd 4 PRESENTED I\ - V-J-03 NOT APPROVED ADOPTED 1 \" Z�"03 Filed in Clerk's Office NOV 19 2003 coLORRTTAJ. DIID�` TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 03 -130 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA DETERMINING THAT SOUTH BEND REDEVELOPMENT COMMISSION DECLARATORY RESOLUTION NO. 2016 DESIGNATING THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA AND THE PLAN FOR DEVELOPMENT OF SAID AREA CONFORMS TO THE MASTER PLAN OF DEVELOPMENT FOR THE CITY OF SOUTH BEND AND APPROVING SAID RESOLUTION NO. 2016 AND THE DEVELOPMENT PLAN Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Karl King Chairman