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HomeMy WebLinkAboutExpanding the Boundaries of South Bend Central Development Area, Expanding the Allocation Area for Purposes of Tax Increment FinancingRESOLUTION NO. 1598 -88 Passed by the Common Council of the City of South Bend, Indiana Presented by me to the Mayor of the City of South Bend, March Approved and signed by me 29 M Clerk of Common Council. City Clerk March 29, 19 88 . Mayor RESOLUTION NO. ( J Ct 9 -99 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL EXPANDING THE BOUNDARIES OF THE SOUTH BEND CENTRAL DEVELOPMENT AREA, DESIGNATING THE SOUTH BEND CENTRAL DEVELOPMENT AREA TO BE BLIGHTED, EXPANDING THE ALLOCATION AREA FOR PURPOSES OF TAX INCREMENT FINANCING, APPROVING THE ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY WITH REGARD TO THE DEVELOPMENT PLAN AS AMENDED FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA, AND ADOPTING THAT DEVELOPMENT PLAN. WHEREAS, the South Bend Redevelopment Commission (Commission), pursuant to Indiana Code 36- 7 -14 -1 et seq., (Act), has conducted additional surveys and investigations and has thoroughly studied the area in the City of South Bend (City), St. Joseph County, Indiana, previously designated by the Commission as the South Bend Central Development Area; and WHEREAS, the Commission, on March 11, 1988, adopted Declaratory Resolution No. 834 expanding the boundaries of the South Bend Central Development Area, redeclaring the area as expanded to be blighted, expanding the allocation area for purposes of tax increment financing to be concurrent with such area as expanded, amending the development plan and reapproving the development plan as amended; and WHEREAS, the South Bend Central Development Area, as expanded, is described as follows and is hereinafter referred to as the "Area ": A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows, viz: Beginning at the point of intersection of the south right -of -way line of Sample Street with the west right -of -way line of Michigan Street; thence north along said west right -of -way line of Michigan Street to its intersection with the northerly line of the Conrail Railroad (formerly Penn Central) right -of -way; thence northwesterly along said northerly railroad right -of -way line to its intersection with the southerly projec- tion of the west right -of -way line of Taylor Street; thence north along said west right -of -way line to its intersection with the westerly projection of the north right -of -way line of vacated Monroe Street; thence east along the said projected right -of- way line to the intersection with the east right -o£ -way line of Taylor Street said point also being the southwest corner of Lot 16, Block 7 of Vail's Southwest Addition to the City of South Bend; thence north along the said east right -of -way line to the intersection with the centerline of the first 14 -foot, vacated, alley lying north of vacated Monroe Street; thence east along the said centerline to a point on the said centerline that is 93.00 feet west of the east right- of -way line of Williams Street; thence south parallel with the west right -of -way line of Williams Street, 114.00 feet; thence east 93.00 feet to a point on the east right -of -way line of Williams Street, said point being 8.00 feet south of the southwest corner of Lot 14, Block 8, of said Vail's Southwest Addition and the beginning of vacated Williams Street to the south; thence north 8.00 feet along the east line of Williams Street to the said southwest corner of Lot 14, Block 8; thence east along the -1- south line of said Lot 14, Block 8, to the southwest corner of Lot 6, Block 8; thence southeasterly to a point on the east line of Lot 31 of said Vail's Southwest Addition, said point being 25.00 feet north of the southeast corner of said Lot 31; thence south along the east line of Lot 31 to the north right -of -way line of vacated Monroe Street; thence east along the north right -of -way line of said vacated Monroe Street to its intersection with the southerly projection of the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said projection and the centerline of said 14 foot alley to the south right -of -way line of Washington Street; thence west along said south right -of -way line to the east right -of -way line of William Street; thence north along said east right -of -way line to the north right -of -way line of Colfax Avenue; thence east along said north right -of -way line to the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said centerline, in certain places being sometimes known as St. James Court, to the north right -of -way line of LaSalle Street; thence east along said north right -of -way line to the west right -of -way line of Michigan Street; thence north along said west right -of -way line to the westerly projection of the north line of Lot 111 in the original Plat to the Town, now City of South Bend; thence east along said projection, the north line of said Lot 111 and its easterly projection to the centerline of the St. Joseph River; thence meandering northeasterly and northwesterly along said centerline to the westerly projection of the south right -of -way line of Corby Street; thence east along said projection and the south right -of -way line of said Corby Street to the centerline of the first 14 foot alley lying west of Hill Street; thence south along said centerline to the north right - of -way line of Crescent Avenue; thence south- easterly to the point of intersection of the south right -of -way line of said Crescent Avenue with the centerline of the first 14 foot alley lying west of said Hill Street; thence south- easterly, southwesterly and south along the centerline of said alley to the centerline of the first 14 foot alley lying north of Cedar Street; thence east along said centerline to the centerline of the first 14 foot alley lying east of Hill Street; thence south along said center- line to the south right- of -way line of Jeffer- son Boulevard; thence west along said south right -of -way line to the centerline of the St. Joseph River; thence southeasterly along said centerline to the easterly projection of the southerly right -of -way line of Monroe Street; thence southwesterly along said projection and the southerly right -of -way line of Monroe Street to the easterly right -of -way line of Lincolnway east (U.S. Highway #33); thence southeasterly along said easterly right -of -way line to the south right -of -way line of Sample Street; thence west along said south right -of -way line to the place of beginning. WHEREAS, upon such additional surveys, investigations and studies being made, the Commission found and determined in its Resolution No. 834 that the Area is blighted to an extent that cannot be corrected by regulatory processes or by the ordinary -2- operations of private enterprise without resort to the provisions of the Act and that the public health and welfare would be benefitted by the acquisition and redevelopment of the Area under the provisions of the Act; and WHEREAS, the Commission has previously caused to be prepared maps and plats of the Area which show the boundaries of the Area, the location of the various parcels of property, street, 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, the Commission has amended the South Bend Central Development Plan and has adopted such plan as amended to serve as the plan for redevelopment of the Area and such plan as amended shall hereinafter be referred to as the "Development Plan "; and WHEREAS, the Commission has found and determined in its Resolution No. 834 that there is a substantial presence of factors such as excessive vacant land on which structures were previously located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures, and delinquency in payment of real property taxes in the Area; and WHEREAS, the Commission has submitted its Resolution No. 834, together with supporting data, to the Area Plan Commission of St. Joseph County, and the Area Plan Commission of St. Joseph County by its Resolution No.,97, adopted on March 15, 1988, approved, ratified and confirmed the Development Plan and Resolution No. 834 and determined that Resolution No. 834 and the Development Plan conform to the master plan of development for the City of South Bend; and WHEREAS, the South Bend Common Council, as governing body of the City, is required by the Act to approve an order of the Plan Commission and is further required by certain provisions of the Tax Reform Act of 1986 to designate the area as blighted and to adopt the Development Plan; and WHEREAS, the Common Council has received from the Commission certain findings of fact which concern the location, physical condition of structures, land use, environmental influences and other economic conditions of the Area, a copy of which findings of fact are attached hereto and incorporated fully herein as Exhibit A; and WHEREAS, the Common Council is cognizant of the conditions that are imposed under Title VI of the Civil Rights Act of 1964, as amended, providing that no person shall, on the grounds of race, age, sex, color, religion, or national origin, be excluded from participation in or be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of any federally- assisted project. 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, pursuant to its Resolution No. 97, attached hereto as Exhibit B and made a part hereof, is in all respects approved. Section 2. The Common Council hereby finds and determines that there is a substantial presence of factors such as excessive vacant land on which structures were previously located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures and delinquency in payment of real property taxes in the Area. Section 3. The Common Council hereby finds and determines, based upon the aforementioned evidence consisting of the maps and plats of the Area and findings of fact now submitted to it, that the Area is blighted to an extent that cannot be corrected by -3- regulatory processes or by the ordinary operation of private enterprise without resort to the Act and that the public health and welfare will continue to be benefitted by the continued acquisition and redevelopment of the Area under the Act. Section 4. The Common Council hereby finds that the Area is a menace to the social and economic interest of the City and its inhabitants, and it is of public utility and benefit to acquire and redevelop the Area under the Act. Section 5. The Common Council hereby finds and determines that the objectives of the Development Plan cannot be achieved through more extensive rehabilitation of the Area. Section 6. The Common Council hereby finds and determines that the Area consists of four hundred forty -nine (449) acres and is contiguous and compact. Section 7. To the extent that qualified redevelopment bonds under Section 144(c) of the Internal Revenue Code of 1986 as amended are issued to pay for all or a part of the redevelopment within the area, the use of proceeds of such bond issues shall be limited as required by Section 144(c), and no use of the property within the area shall be allowed which use would be prohibited by Section 144(c). Section 8. The Common Council hereby finds and determines that the Commission Resolution No. 834 and the Development Plan are in all respects approved and adopted and directs the City Clerk to file certified copies thereof with the minutes of this meeting. Section 9. The Common Council reapproves and reconfirms all other findings, determinations, and conclusions in the Commission's Resolution No. 737, 745, 751, 795 and 800 as approved by previous resolutions of the Common Council, which include but are not limited to the approval of the designation and establishment of the South Bend Central Allocation Area (South Bend Allocation Area No. 1A), pursuant to Section 39 of the Act and the Common Council approves and confirms the expansion in Commission Resolution No. 834 of such allocation area to be coterminus with the Area. Section 10. The Common Council hereby assures the United States of America of full compliance by the City with the provisions of Title VI of the Civil Rights Act of 1964, as amended, and the regulations of the Department of Housing and Urban Development effectuating that title. Section 11. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. tuber of the South Bend Council Filed In Clerk's Office ?4ts' EN115D 3 -a8' -8d? MAR 2 31988 NOT APPROVED ADOPTED 3-aa -Fs IRENE GAMMON -4- CITY CLERK, SO. BEND, 110 JON R. HUNT EXECUTIVE DIRECTOR ANN KOLATA DEPUTY EXECUTIVE DIRECTOR March 21, 1988 CITY of SOUTH BEND JOSEPH E. KERNAN, MAYOR DEPARTMENT OF ECONOMIC DEVELOPMENT 1200 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 219/280 -9371 South Bend Common Council 4th Floor, County -City Bldg. South Bend, IN 46601 Dear Council Members: Enclosed is a Common Council Resolution expanding the boundaries of the South Bend Central Development Area and approving the order of the Area Plan Commission with regard to the Development Plan for the Area. This expansion brings all of Coveleski Stadium into the Redevelopment Area and makes some technical changes to the Land Use Plan. I have enclosed a copy of Redevelopment Commission Resolution No. 834, the Development Plan for the South Bend Central Development Area, and the Area Plan Commission's Resolution No. 97 approving the Redevelopment Commission's action. This is one in the series of steps that we have discussed that will permit the City to refinance the Stadium with the issuance of bonds by the Redevelopment Authority. I respectfully request your approval of this Resolution. Sincerely, A� ), Ann E. Kol' Acting Executive Director AEK /ml 3/c FEDEVELOPMENT COMMUNITY DEVELOPMENT ANN KOLATA d BUSINESS ASSISTANCE 284 -9371 DONALO INKS 284 -9335 HOUSING REHABILITATION KATHRYN BAUMGARTNER 2tl4 -9475 HUMAN RIGHTS MARY E. ALLEN 2tl4 -935$ FISCAL 8 PROGRAM MANAGEMENT ELIZABETH LEONARD 284 -9335 3. Of the eighty -four (84) commercial or industrial structures, approximately sixty -three percent (63 %) require cosmetic and /or structural repairs. 4. While the majority of the East Bank was rezoned to "A -3" Mixed Use Multi- Family Residential and Commercial in 1981, the number of housing units in that zoning area has decreased from twenty -one (21) in 1980 to twelve (12) in 1987. 5. Of the thirty (30) residential structures in the East Bank, (including the part not zoned A -3) sixty -seven percent (67 %) require cosmetic and /or structural repairs. C. In the sub -area known as Monroe Park: 1. Twenty percent (20 %) of the land zoned "B" Residential is currently vacant. (This does not include land used for streets and alleys). 2. There are one hundred thirty -five (135) structures in the subarea. Of these, eighteen (18) or thirteen percent (13 %) are substandard. 3. Seven percent (7 %) of all the land in Monroe Park is currently vacant. (This does not include land used for streets and al eys). D. In the entire South Bend Central Development Area as expanded: 1. Twenty -one percent (21 %) of the land is currently vacant. (This does not include land used for streets and alleys). 2. An additional five percent (5 %) of the land is currently underutilized or has buildings on it that are vacant or underutilized. (This does not include land used for streets and alleys). 3. In addition to the fact that twenty -six percent (26 %) of the land within the entire Area is either vacant or underutilized, the findings within Paragraphs A through C inclusive, above, are all incorporated by reference as to blight within the entire Area, inasmuch as the South Bend Common Council finds that blighting influences from one part of the Area have a substantial negative impact on other parts of the Area and that blight within any part of the Area is interrelated to a substantial degree with the remainder of the Area. 4. The Common Council hereby finds and determines that there is a substantial presence of factors such as excessive vacant land on which structures were previously located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures and delinquency in payment of real property taxes in the Area. � C ) hn Vqorde, President So h end Common Council ATTEST: Irene Gammon, City Clerk -2- EXHIBIT A South Bend Common Council Resolution No. South Bend Central Development Area Findings of Fact March 28, 1988 In 1985, the South Bend Redevelopment Commission declared the South Bend Central Development Area to be blighted and on June 14, 1985, conducted a public hearing and adopted its Findings of Fact based on evidence of blight presented at that time. These findings have subsequently been affirmed on four other occasions. The redevelopment staff has re- examined that evidence of blight and presented that evidence to the South Bend Common Council on May 26, 1987. On May 26, 1987, the South Bend Common Council found that the South Bend Central Development Area which has previously been found by the Redevelopment Commission to be blighted, continues to be blighted to an extent that cannot be corrected by regulatory processes or by the ordinary operation of private enterprise without resort to the Indiana Redevelopment Law IC 36- 7 -14 -1, et. seq. On March 28, 1988, that evidence was again presented to the South Bend Common Council and blight is found in the area as expanded based on the following facts: A. In the sub -area known as the Central Business District: 1. Twenty -seven percent (27 %) of the land is currently vacant. (This does not include land used for streets & alleys but does include land used for paid surface parking. 2. An additional six percent (6 %) of the land has buildings on it that are currently vacant. 3. There is currently 809,350 square feet of Class A office space with a vacancy rate of five percent (5 %), 631,800 square feet of Class B office space with a vacancy rate of twenty -one percent (21 %), and 176,000 square feet of Class C office space with a vacancy rate of fifty -nine percent (59 %). This is an overall office vacancy rate of seventeen percent (17 %) . There are 80 retail establishments in the "Goods & Services" category which occupy 366,034 square feet. There are 24 retail establishments in the "Eating /Drinking" category which occupy 80,936 square feet. The total number of retail establishments (all categories) is 104. The total building space occupied by retail establishments (all categories) is 446,970 square feet. Of the total 755,470 square feet of available retail building space, forty -one percent (41 %) is vacant. B. In the sub -area known as the East Bank: 1. Twenty -six percent (26 %) of the land that is not devoted to public right -of -way or to public park is vacant and an additional nine percent (9 %) is underutilized. This means that thirty -five percent (35 %) of the land is vacant or underutilized. 2. Of the eighty -four (84) structures, ten (10) are underutilized. This mea (26 %) of the commercial vacant or underutilized. -1- commercial or industrial vacant and twelve (12) are ns that twenty -six percent or industrial structures are EXHIBIT B South Bend Common Council Resolution No. RESOLUTION NO. 97 RESOLUTION OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA, DETERMINING THAT DECLARATORY RESOLUTION NO. 834, EXPANDING THE BOUNDARIES OF THE SOUTH BEND CENTRAL DEVELOPMENT AREA, REDECLARING THE AREA AS EXPANDED TO BE BLIGHTED, EXPANDING THE ALLOCATION AREA FOR PURPOSES OF TAX INCREMENTAL FINANCING, AMENDING THE DEVELOPMENT PLAN AND REAPPROVING THE DEVELOPMENT PLAN AS AMENDED, CONFORMS TO THE MASTER PLAN OF THE CITY OF SOUTH BEND AND APPROVING THAT RESOLUTION AND THE DEVELOPMENT PLAN. WHEREAS, the City of South Bend, Indiana, Redevelopment Commission (Commission) has approved and adopted Resolution No. 834 expanding the boundaries of the South Bend Central Development Area (Area), redeclaring the Area as expanded to be blighted, expanding the Allocation Area for purposes of tax incremental financing, amending the Development Plan and reapproving the Development Plan as amended (Development Plan); and has submitted said Resolution and Plan to the Area Plan Commission of St. Joseph County for approval pursuant to the provisions of Indiana Code 36- 7 -14 -1, et. seq., (the Act), which Resolution is attached hereto and made a part hereof; and WHEREAS, pursuant to the provisions of the Act, the Commission desires to redeclare the Area to be blighted and to readopt the Development Plan. NOW THEREFORE, BE IT RESOLVED by the Area Plan Commission of St. Joseph County, Indiana, as follows: 1. Resolution No. 834 and the Development Plan, conform to the Master Plan of Development for the City of South Bend. 2. The Development Plan is in all respects approved, ratified and confirmed. 3. The Area Plan Commission of St. Joseph County, Indiana has given consideration to the transitional and permanent provision for adequate housing for the residents of the Area who will be displaced by the redevelopment project and has reviewed the Relocation Policy for the Area adopted by the South Bend Redevelopment Commission in its Resolution No. 737 and as previously reviewed by this Commission prior to adopting our Resolution No. 97 . 4. Resolution No. 834 of the South Bend Redevelopment Commission, expanding the boundaries of the South Bend Central Development Area, redeclaring the Area as expanded to be blighted, expanding the Allocation Area for purposes of tax incremental financing, amending the Development Plan and reapproving the Development Plan as amended, is in all respects approved, ratified and confirmed. 5. This resolution hereby constitutes the written order of the Area Plan Commission of St. Joseph County approving Resolution No. 834 and the Development Plan pursuant to I.C. 36- 7- 14 -16. 6. The Secretary is hereby directed to file a copy of Resolution No. 834 and the Development Plan with the minutes of this meeting. Passed by the Area Plan Commission of St. Joseph County, Indiana, this 15th day of March 1988. SJ n Leszczynsti, rPresident Area Plan Commission of St. Joseph County, Indiana ATTEST: Secretary RESOLUTION NO. 834 RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT OMMISSION EXPANDING THE BOUNDARIES OF THE SOUTH BEND CENTRAL DEVELOPMENT AREA, REDECLARING THE AREA AS EXPANDED TO BE BLIGHTED, EXPANDING THE ALLOCATION AREA FOR PURPOSES OF TAX INCREMENT FINANCING, AMENDING THE DEVELOPMENT PLAN AND REAPPROVING THE DEVELOPMENT PLAN AS AMENDED WHEREAS, the City of South Bend Redevelopment Commission ("Com- mission"), governing body of the City of South Bend Department of Redevelopment ( "Department ") on May 10, 1985, adopted Resolution No. 737 declaring the following area in the City of South Bend, Indiana ( "City "), designated as the South Bend Central Development Area to be a blighted area within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended (Indiana Code 36 -7 -14) ( "Act"): A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows, viz: Beginning at the point of intersection of the south right -of -way line of Sample Street with the west right -of -way line of Michigan Street; thence north along said west right -of -way line of Michigan Street to its intersection with the northerly line of the Conrail Railroad (formerly Penn Central) right -of -way; thence northwesterly along said northerly railroad right -of -way line to its intersection with the southerly projec- tion of the west right -of -way line of Taylor Street; thence north along said west right -of- way line to its intersection with the westerly projection of the north right -of -way line of Monroe Street; thence east along said projection and the north right -of -way line of said Monroe Street to its intersection with the southerly projection of the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said projection and the cen- terline of said 14 foot alley to the south right -of -way line of Washington Street; thence west along said south right -of -way line to the east right -of -way line of William Street; thence north along said east right -of -way line to the north right -of -way line of Colfax Avenue; thence east along said north right -of -way line to the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said centerline, in certain places being sometimes known as St. James Court, to the north right -of- -1- way line of LaSalle Street; thence east along said north right -of -way line to the west right - of -way line of Michigan Street; thence north along said west right -o£ -way line to the wes- terly projection of the north line of Lot 111 in the Original Plat to the Town, now City of South Bend; thence east along said projection, the north line of said Lot 111 and its easterly projection to the centerline of the St. Joseph River; thence meandering northeasterly and north- westerly along said centerline to the westerly projection of the south right -of -way line of Corby Street; thence east along said projection and the south right -of -way line of said Corby Street to the centerline of the first 14 foot alley lying west of Hill Street; thence south along said centerline to the north right -of -way line of Crescent Avenue; thence southeasterly to the point of intersection of the south right -of- way line of said Crescent Avenue with the center- line of the first 14 foot alley lying west of said Hill Street, thence southeasterly, south- westerly and south along the centerline of said alley to the centerline of the first 14 foot alley lying north of Cedar Street; thence east along said centerline to the centerline of the first 14 foot alley lying east of Hill Street; thence south along said centerline to the south right -of -way line of Jefferson Boulevard; thence west along said south right -of -way line to the centerline of the St. Joseph River; thence south- easterly along said centerline to the easterly projection of the southerly right -of -way line of Monroe Street, thence southwesterly along said projection and the southerly right -of -way line of Monroe Street to the easterly right -of -way line of Lincolnway East (U.S. Highway #33); thence southeasterly along said easterly right - of -way line to the south right -of -way line of Sample Street; thence west along said south right -of -way line to the place of beginning. WHEREAS, Resolution No. 737 and the South Bend Central Develop- ment Area Plan ( "Development Plan ") adopted by Resolution No. 737 on May 10, 1985, were confirmed by Resolution No. 739 adopted on June 14, 1985; and WHEREAS, Resolution No. 737 was amended by Resolution No. 745, adopted on August 9, 1985 and confirmed by Resolution No. 750, adopted on September 30, 1985; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 751, adopted on November 8, 1985 and confirmed by Resolution No. 757, adopted December 20, 1985; and W= WHEREAS, Resolution No. 737 was further amended by Resolution No. 795, adopted on February 27, 1987, and confirmed by Resolution No. 798, adopted April 10, 1987; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 800, adopted on April 24, 1987, and confirmed by Resolution No. 803, adopted on June 26, 1987; and WHEREAS; the Commission has previously caused to be prepared maps and plats of the South Bend Central Development Area, has supple- mented the maps and plats of said area and has caused to be prepared maps and plats of an additional blighted area immediately adjacent to the South Bend Central Development Area ( "Expansion Area No. 111), said maps and plats of the South Bend Central Development Area and Expansion Area No. 1 show the boundaries of said areas, the location of the various parcels of property, streets, alleys and other fea- tures affecting the acquisition, clearance, replatting, replanning, rezoning 'or redevelopment of said areas and the parts of the areas acquired that are to be devoted to public ways, levys, sewerage, parks, playgrounds and other public purposes under the plan for the redevelopment of the South Bend Central Development Area and Expan- sion Area No. 1 as adopted herein, which Expansion Area No. 1 is more particularly described as follows: A part of Vail's Southwest Addition to South Bend as shown on the Recorded Plat thereof, in the St. Joseph County, Indiana, Recorder's Office; more particularly described as follows: Beginning at the southwest corner of Lot 16, Block 7 of said Vail's Southwest Addition; thence north along the east line of Taylor Street to the centerline of a vacated 14 foot east -west Alley between Lots 12 and 13; 4 and 5, Block 7 of said Vail's Southwest Addition; thence east along the said centerline to a point on the said centerline that is 93.00 feet west of the east line of Williams Street; thence south parallel with the west line of Williams Street, 114.00 feet.; thence east 93.00 feet to a point on the east line of Williams Street, said point being 8.00 feet south of the southwest corner of Lot 14, Block 8, of said Vail's Southwest Addition and the beginning of vacated Williams Street to the south; thence north 8.00 feet along the east line of Williams Street to the said southwest corner of Lot 14, Block 8; thence east along the south line of said Lot 14, Block 8, to the southwest corner of Lot 6, Block 8; thence southeasterly to a point on the east line of Lot 31 of said Vail's Southwest Addition, said point being 25.00 feet north of the southeast corner of said Lot 31; thence south along the east line of Lot 31 to the north . line of vacated Monroe Street; thence west along -3- the north line of vacated Monroe Street to the Point of Beginning. This tract contains 1.9 acres, more or less. WHEREAS, a list of the owners of the parcels of property in the Area proposed to be acquired has been prepared, and separate ap- praisals by at least two (2) independent appraisers of the fair value of the parcels of property in the Area proposed to be acquired have been prepared; and WHEREAS, the Commission desires to further amend Resolution No. 737 by expanding the South Bend Central Development Area to include Expansion Area No. 1 (the South Bend Central Development Area and Expansion Area No. 1 are referred to hereafter as the "Area ") so as to facilitate and enhance the replanning, redevelopment and dispo- sition of property within the Area; and WHEREAS, upon surveys, investigations and studies being made, the Commission finds that the Area is blighted to an extent that such blighting 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 benefited by the acquisition and continued redevelopment of such Area under the provisions of the Act; and WHEREAS, Section 39 of the Act permits the creation of an allo- cation area within a blighted area to provide for the allocation and distribution, as provided in the Act, of the proceeds of taxes levied on property situated in the allocation area; and WHEREAS, the Commission, in accordance with the Act has pre- viously established the South Bend Central Allocation Area (South Bend Allocation Area No. 1A) and now desires to expand the boundaries of the South Bend Central Allocation Area (South Bend Allocation Area No. 1A) to include Expansion Area No. 1 (South Bend Central Allocation Area (South Bend Allocation Area No. 1A) as expanded is referred to hereafter as the "Allocation Area "); and WHEREAS, there was presented to this meeting of the Commission for its consideration and approval an amendment to the Development Plan setting out the boundaries of the Area and further identifying the types of redevelopment projects and purposes to be undertaken in the Area (the Development Plan as amended is hereinafter referred to as the "Plan "), which Plan is entitled: "South Bend Central Development Area DEVELOPMENT PLAN SOUTH BEND, INDIANA" and consists of a typewritten document; and WHEREAS, the Plan has been reviewed and considered at the meeting; and -4- WHEREAS, Title VI of the Civil Rights Act of 1964, and the regu- lations of the Department of Housing and Urban Development (HUD) effectuating that title, provide that no person shall, on the ground of race, color, sex, or national origin, be excluded 'from participa- tion in, be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of projects financed in whole or in part by HUD. NOW, THEREFORE:, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS: 1. The South Bend Central Development Area is hereby expanded to include Expansion Area No. 1 and the South Bend Central Develop- ment Area, as expanded, is to be known hereafter as the "South Bend Central Development Area" and is described as follows: A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows, viz: Beginning at the point of intersection of the south right -of -way line of Sample Street with the west right -of -way line of Michigan Street; thence north along said west right -of -way line of Michigan Street to its intersection with the northerly line of the Conrail Railroad (formerly Penn Central) right -of -way; thence northwesterly along said northerly railroad right -of -way line to its intersection with the southerly projec- tion of the west right -of -way line of Taylor Street; thence north along said west right -of -way line to its intersection with the westerly projection of the north right -of -way line of vacated Monroe Street; thence east along the said projected right -of- way line to the intersection with the east right -of -way line of Taylor Street said point also being the southwest corner of Lot 16, Block 7 of Vail's Southwest Addition to the City of South Bend; thence north along the said east right -of -way line to the intersection with the centerline of the first 14 -foot, vacated, alley lying north of vacated Monroe Street; thence east along the said centerline to a point on the said centerline that is 93.00 feet west of the east right- of -way line of Williams Street; thence south parallel with the west right -of -way line of Williams Street, 114.00 feet; thence east 93.00 feet to a point on the east right -of -way line of Williams Street, said point being 8.00 feet south of the southwest corner of Lot 14, Block 8, of said Vail's Southwest Addition and the beginning of vacated Williams Street to the -5- south; thence north 8.00 feet along the east line of Williams Street to the said southwest corner of Lot 14, Block 8; thence east along the south line of said Lot 14, Block 8, to the southwest corner of Lot 6, Block 8, thence southeasterly to a point on the east line of Lot 31 of said Vail's Southwest Addition, said point being 25.00 feet north of the southeast corner of said Lot 31; thence south along the east line of Lot 31 to the north right -of -way line of vacated Monroe Street; thence east along the north right -of -way line of said vacated Monroe Street to its intersection with the southerly projection of the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said projection and the centerline of said 14 foot alley to the south right -of -way line of Washington Street; thence west along said south right -of -way line to the east right -of -way line of William Street; thence north along said east right -of -way line to the north right -of -way line of Colfax Avenue; thence east along said north right -of -way line to the centerline of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said centerline, in certain places being sometimes known as St. James Court, to the north right -of -way line of LaSalle Street; thence east along said north right -of -way line to the west right -of -way line of Michigan Street; thence north along said west right -of -way line to the westerly projection of the north line of Lot 111 in the original Plat to the Town, now City of South Bend; thence east along said projection, the north line of said Lot 111 and its easterly projection to the centerline of the St. Joseph River; thence meandering northeasterly and northwesterly along said centerline to the westerly projection of the south right -of -way line of Corby Street; thence east along said projection and the south right -of -way line of said Corby Street to the centerline of the first 14 foot alley lying west of Hill Street; thence south along said centerline to the north right - of -way line of Crescent Avenue; thence south- easterly to the point of intersection of the south right -of -way line of said Crescent Avenue with the centerline of the first 14 foot alley lying west of said Hill Street; thence south- easterly, southwesterly and south along the centerline of said alley to the centerline of the first 14 foot alley lying north of Cedar Street; thence east along said centerline to the centerline of the first 14 foot alley lying east of Hill Street; thence south along said center - -6- line to the south right- of -way line of Jeffer- son Boulevard; thence west along said south right -of -way line to the centerline of the St. Joseph River; thence southeasterly along said centerline to the easterly projection of the southerly right -of -way line of Monroe Street; thence southwesterly along said projection and the southerly right -of -way line of Monroe Street to the easterly right -of -way line of Lincolnway east (U.S. Highway #33); thence southeasterly along said easterly right- of -way line to the south right -of -way line of Sample Street; thence west along said south right -of -way line to the place of beginning. 2. The Area is blighted to an extent that cannot be corrected by regulatory processes or the ordinary operations of private enter- prise without resort to the Act and it is a menace to the social and economic interests of the City of South Bend and its inhabi- tants and it will be of public utility and benefit, and the public health and welfare will be benefited by the acquisition and redevelopment of the Area under the provisions of the Act. 3. The South Bend Central Allocation Area (South Bend Alloca- tion Area No. 1A) is hereby expanded to include Expansion Area No. 1 so that the boundaries of the Allocation Area and the Area are coterminous. Any taxes levied on property imposed under IC 6 -1.1 in the Allocation Area shall be allocated, distributed and used as provided in Resolution No. 737, as amended, and the Act. The base assessment date for Expansion Area No. 1, for purposes of the Act, is March 1, 1988. The Allocation Area shall be hereafter known as "South Bend Central Allocation Area (South Bend Central Allocation Area No. 1A)." 4. All of the Area will be acquired, except as indicated on the maps and plats referred to above and the estimated cost of acquiring that part of the Area to be acquired, as determined by taking the average of the two(2) separate appraisals made by the independent appraisers, as set out in Resolution No. 737, as pre- viously amended. 5. Based on evidence now submitted to the Commission, the Commission finds and determines that there is a substantial pre- sence in the Area of excessive vacant land on which structures were previously located, abandoned or vacant buildings, old buildings, excessive vacancies, substandard structures, and delinquency in payment of property taxes. 6. The Area consists of four hundred forty -nine (449) acres and is contiguous and compact. 7. To the extent that qualified redevelopment bonds under Sec- tion 144(c) of the Internal Revenue Code of 1986 are issued to pay for all or part of the redevelopment within the Area, the use of the proceeds of such bond issue shall be limited as required by -7- Section 144(c), and no use of the property within the Area shall be allowed which use would be prohibited by Section 144(c). a. The assessed value of real property in the Area when added to the assessed value of the real property located in all redevelop- ment areas does not exceed (20 %) of the total assessed value of the real property located in the City of South Bend. 9. The•'C'ommission hereby adopts and approves the Plan and directs the Secretary to file a certified copy of the Plan with the minutes of this meeting. 10. All other findings, determinations, and conclusions in Resolution No. 737 shall remain as stated therein, except as amended previously by the Resolutions cited in the whereas clauses herein. 11. It is hereby found and determined that the objectives of the Plan cannot be achieved through more extensive rehabilitation of the Area. 12. The Secretary is directed to file certified copies of this resolution with the St. Joseph County Auditor and the Portage Township Assessor. 13. The United States and HUD are assured of full compliance by the Commission and the Department with HUD regulations effec- tuating Title VI of the Civil Rights Act of 1964, as amended. 14. This resolution, together with supporting data, shall be submitted to the Area Plan Commission of St. Joseph County and the Common Council of the City, as provided by IC 36- 7 -14 -16 and IC 36- 7- 14 -17, for their approval of the resolution and Plan, and if approved by both bodies, the resolution and Plan shall be submitted to public hearing and remonstrance as provided by IC 36- 7 -14 -17 and IC 5 -3 -1. 15. All orders or resolutions in conflict herewith are hereby rescinded, revoked, and repealed insofar as such conflict exists. 16. This resolution does not affect any rights or liabilities accrued, penalties incurred, offense committed, or proceedings begun before the effective date of this resolution. Those rights, liabilities, penalties, and proceedings continue and shall be im- posed and enforced under superseded resolutions as if this resolu- tion had not been enacted. CM Adopted at a meeting of the South Bend Redevelopment Commission held on March 11, 1988, at the Office of the Commission, 1200 County -City Building, 227 west Jefferson Boulevards South Bend, Indiana. CITY OF SOUTH BEND, INDIANA DEPARTMENT OF REDEVELOPMENT By F. Jay Nintz, Piesiden ATTEST: Roman P.iasecki, Secretary III. LAND USE A. Designation of Sub -Areas 1. Central Business District a. Area A: This area forms the principal service commercial, retail commercial and public core of the Central Business District. The basic objective to be realized in this area is high density development. Parking needs for this area shall be met within the context of an overall municipal parking plan which may include, without limitation, any one or more of the parking facilities generally described in the Michigan Street Corridor Plan and incorporated herein by reference. This area will contain the greatest concentration of public improvements and will adequately meet the requirements of pedestrian circulation. Vehicular circulation patterns shall be designed in such a manner as to maximize accessibility and visibility of destination points. Residential uses which conform to local ordinance and code regulations will also be permitted. b. Area B: This area shall retain its present basic function as a secondary service commercial and retail commercial area. Less emphasis shall be placed on high density development within this area. Parks and recreational uses will be permitted within this area including, without limitation, a stadium or other structure to be used for athletic, recreational, cultural and community events located at 501 South Street. Parking requirements shall be met by on -site parking provisions as required by local ordinance and by on- street parking. C. Area C: This area shall retain its present function of providing a cultural /convention center for the community. The balance of this area shall be retained for use as public parks, river walkways and recreational amenities. Parking facilities to serve the needs of the cultural /convention center will be provided to a limited degree within the area itself. Such parking will meet the short term needs of the public. Longer term parking facilities to serve the area will be provided within the context of the overall parking plan for the downtown core area. Pedestrian circulation patterns within the area shall be developed in such a manner to enhance the relationship of the cultural /convention center to the downtown core area and to the East Bank. d. Area D: This area shall retain its function as a lower density office park development. Parking requirements in this area shall be met on -site. Considerable land area shall be devoted to open and landscaped spaces. Public walkways and recreational amenities shall be maintained along the river frontage of this area, as well as a pedestrian bridge connecting this area to the recreational development on the eastern side of the St. Joseph River. Additionally, the southeastern portion of this area shall maintain its function as the regional postal facility along with public, pedestrian and parking amenities. e. Area E: This area is comprised of three similarly functioning sub - areas. These areas shall be devoted to high density residential use and related commercial facilities. Parking for these areas shall be provided on -site. -13- R3 -11 -88