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HomeMy WebLinkAboutDesignating the South Side Development Area as Blighted and Approving the Order of the Area Plan Commission of St Joseph Co.Attest: RESOLUTION 3136 -02 Passed by the Common Council of the City of South Bend, Indiana November 25, 20 02 Presented by me to the Mayor of the City of South Bend, Indiana December 2 20 -D2 Approved and signed by me December 2, City Clerk President of Common Council 20 02 . City Clerk RESOLUTION NO. 3 13 b 0)� A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DESIGNATING THE SOUTH SIDE DEVELOPMENT AREA AS BLIGHTED AND APPROVING THE ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA THAT THE SOUTH SIDE DEVELOPMENT AREA DEVELOPMENT PLAN CONFORMS TO THE PLAN FOR DEVELOPMENT FOR THE CITY OF SOUTH BEND AND ADOPTING THE SOUTH SIDE DEVELOPMENT AREA 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 1, 2002, the Commission adopted Resolution No. 1914 designating the area described as follows to be known as the "South Side Development Area" ( "Area "): A parcel land being a part of the Northeast Quarter of Section 26, and a part of Southeast Quarter of Section 23 and a part of the West half of Section 24, all in Township 37 North, Range 2 East, Cityof South Bend, Centre Township and Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the intersection ofthe South right -of -way line of Chippewa Avenue and the West right -of -way line of the now abandon Penn Central Railroad located in the Northeast Quarter of said Section 26; thence Northeasterly and Northerly along said West right -of -way line to the Southerly right -of -way line of Ewing Avenue; thence East along said South right -of -way line to the first North -South property line located East of Michigan Street; thence South along said first North -South property line to the North right -of -way line of Altgeld Street; thence East along said Altgeld Street, a distance of 5 feet to the West right -of -way line of the first alley East of Michigan Street projected North; thence South along said West right -of -way line and its projection to the South right -of -way line of Donmoyer Avenue; thence East along said South right -of -way line to the West right -of -way line of St. Joseph Street; thence South along said West right -of -way line to the North right -of -way line of Farneman Street; thence West along said North right -of -way line to the intersection with the West right -of -way line of the first alley located East of Michigan Street projected North; thence South along said West right -of -way line and its projection North to the North right -of -way line of Jennings Avenue; thence East along said North right -of- way line to the intersection with the West right -of -way line of the first alley located East of Michigan Street projected North; thence South along said West right -of -way line and its projection to the South right -of -way line of Chippewa Avenue; thence South along said West right -of -way line to the North right -of -way line of Barbie Street; thence East along said North right -of -way line to the West line of Lot 56 Zook's First Subdivision projected North; thence South along said West line of Lot 56 and its projection to the Southwest corner of said Lot 56; thence East along the South line of said Zook's First Subdivision to the East right -of -way line of Fellows Street; thence North along said east right -of -way line to the North line of Lot 75 in said Zook's First Subdivision; thence East along said North line to the East line of said Zook's First Subdivision; thence North and Northeasterly along said East line to the North line of the Erskine Golf Course parcel; thence East along the North line of said Erskine Golf Course to the West right -of -way line ofMiami Street; thence South along said West right -of -way line to the South right -of -way line of Alpine Drive projected West; thence East along said South right -of -way line and its projection to the East line of Lot A Broadmoor Section 3 Revised; thence Southeasterly to the Northeast comer of Lot 254; thence East and Northeasterly to the Northeast corner of Lot 247; thence Southeasterly to the Southwest corner of Lot 246 and being on the North right -of -way line of Ireland Road; thence East along said North right -of -way line thence East along the North right -of -way line of Ireland Road to the East line of Broadmoor Section 6; thence North along said East line to the South line of Lot 472 in said Broadmoor Section 6; thence East along said South line of Lot 472 and the South lines of Lots 10 and 9 in Ireland Woods, Section One; thence Northeasterly along the South lines of Lots 8, 7, A, B, and Lot 4; thence East along the South line of Lots 3, 2, 1 and Lot 71 AA to the East line of said Lot 71 AA; thence North along said East line of Lot 71AA, and Outlot B, 69, and Lot 68; thence West along the North line of said Lot 68, a distance of 181 feet; thence North 20 feet; thence West 35 feet; thence North along the East line of Lots 67, 52, and 51 to the South line of Meadow View Second Addition; thence East along said South line to the West line of a 1.187 acre parcel of land; thence Southeasterly along said West line to the North line of a 2.577 acre parcel of land; thence West along said North line to the West line of said 2.577 acre parcel; thence South along said West line to the South line of said 2.577 acre parcel; thence East along said South line to the West right -of -way line of Ironwood Road; thence South along said West right -of -way line to the North line of Ruby Plaza Minor Subdivision projected West; thence East along said North line and its projection to the East line of said Ruby Plaza Subdivision; thence South along said East line to the South right -of -way line of Ireland Road; thence West along said South right -of -way line to the East right -of -way line of Ironwood Road; thence South along said East right -of -way line to the North right -of -way line of the U.S. 20 Bypass; thence West along said North right -of -way line to the East line of Scottsdale Addition, Section C; thence North along said East line and the East line of Scottsdale Addition, Section B to the South right -of -way line of Ireland Road; thence West along said South right -of -way line to the West line of the Scottsdale Addition Section A; thence South along said West line and its projection South to the South right -of- way line of the U.S. 20 Bypass; thence West along said South right -of -way line to the West line of Scottsdale Addition Section D, a distance of 507.7 feet; thence West to the Southerly right -of -way line of the U.S. 20 Bypass; thence Southwesterly along said Southerly right -of -way line to the East right -of -way line of Miami Street; thence South along said East right -of -way line to the South right -of -way line of Jackson Road; thence West to the West right -of -way line of Miami Street; thence North along said West right -of -way line to the South right -of -way line of said U.S. 20 Bypass; R thence West along said South right -of -way line to the West right -of -way line of Fellows Street projected South; thence Westerly, Southwesterly, and Southerly to the South right -of -way line of Jackson Road; thence West to the Westerly right -of -way line of said U. S. 20 Bypass; thence Northerly, Northwesterly, and Westerly along said South right -of -way line of the U. S. 20 Bypass to the Easterly right -of -way line of the now abandon Penn Central Railroad located in the South half of said Section 26; thence Northeasterly along said Easterly right -of -way line to the Southerly right - of -way line of Ireland Road; thence West along said South right -of -way line to the West right -of -way line of said abandon Penn Central Railroad; thence Northeasterly along said West right -of -way line to the place of beginning. 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 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. 1914, 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 benefitted by acquisition in and redevelopment of the Area under the provisions of the Act; and WHEREAS, the Commission has in its Resolution No. 1914 adopted the South Side Development Area Development Plan ( "Development Plan ") to serve as the plan for the redevelopment of the Area; and WHEREAS, in its Resolution No. 1914, the Commission also 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. 1914 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. 142 -02, adopted on November 19, 2002, approved, ratified and confirmed Commission Resolution No. 1914 and the Development Plan and further, the Plan Commission determined that Resolution No. 1914 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. 1914 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 bythe 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. 142 -02 of November 19, 2002 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 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 finds and determines that South Bend Redevelopment Commission Resolution No. 1914 dated November 1, 2002 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 0 the Common Council and approval by the Mayor. Member, South Bend Common (Council Office Filed In Clem gov g G Jai PRESENTED I Q`LS -<)L NOT. APPROVED ADOPTED -«2 S--02,