HomeMy WebLinkAboutDesignating the South Bend Central Development Area to be Blighted for Purposes of Compliance with Tax Reform Act 1986 RESOLUTION
NO. 1510-87
Passed by the Common Council of the City of South Bend, Indiana,
May 26, 19 87.
Attest: 7" ! y City Clerk
Attest: tl !„��! /a,'. AILis7! President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
May 27, 19 87
City Clerk
Approved and signed by me 77 kilj o /
a , 19 F7.
tc7e-R-
Mayor
RESOLUTION }n o -- 1 7
A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL
DESIGNATING THE SOUTH BEND CENTRAL DEVELOPMENT
AREA TO BE BLIGHTED FOR PURPOSES OF COMPLIANCE
WITH THE TAX REFORM ACT OF 1986 , APPROVING
THE ORDER OF THE AREA PLAN COMMISSION OF ST.
JOSEPH COUNTY WITH REGARD TO THE DEVELOPMENT
PLAN 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,
designated by the Commission as the South Bend Central Development Area
(Area) , which area is more particularly 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 projection 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 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 southeasterly to the point of intersection
of the south right-of-way line of said Crescent
1
Avenue with the centerline of the first 14 foot
alley lying west of said Hill Street; thence
southeasterly, 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 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
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; and
WHEREAS, upon such additional surveys, investigations and
studies being made, the Commission found and determined in its
Resolution No. 800 that the area remains blighted to an extent that
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 continued 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, 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, the Commission has readopted the South Bend Central
Development Plan (Development Plan) to serve as the plan for the
redevelopment of the Area; and
WHEREAS, the Commission has found and determined in its
Resolution No. 800 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. 800,
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. 92, adopted on May 19, 1987 , approved, ratified
and confirmed the Development Plan and determined that Resolution
No. 800 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
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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. 92, 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 which has previously been found by the 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 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
continues to be a menace to the social and economic interest of the
City and its inhabitants, and it will continue to be of public
utility and benefit to continue 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-seven (447) 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 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. 800 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
Resolutions No. 737, 745, 751, and 795, 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.
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.
3
•
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.
,
ifember/•f the South =ende . on Council
piled In Clerk's Office
R3ES MAY 2 01987
aisEmm .5"--a L -cst7 4 IRENE GAMMOr
Hot APPROVkD CITY CLERI(1 SO. BEND, 44;:
m S'-a?G -87
CITY of SOUTH BEND
,i;409- qA ROGER O. PARENT, Mayor
a°e e,
: 4 la DEPARTMENT OF ECONOMIC DEVELOPMENT
-Oe�G n g. 1-47v
1200 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 219/284-9371
,emu
JON R. HUNT
EXECUTIVE DIRECTOR
ANN KOLATA
DEPUTY EXECUTIVE DIRECTOR May 18, 1987
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Dear Council Members:
Enclosed is a Common Council Resolution designating the South Bend
Central Development Area to be blighted and approving the order of the Area
Plan Commission with regard to the Development Plan for the Area. This
resolution is necessary in order to be in compliance with the Tax Reform
Act of 1986. There is no change to the Development Plan for the Area.
I have enclosed a copy of Redevelopment Commission Resolution No. 800,
the Development Plan for the South Bend Central Development Area and the
Area Plan Commission' s Resolution No. 92 approving the Redevelopment
Commission' s action.
I respectfully request your approval of this Resolution.
Sincerely,
Ann E. Kolata
Deputy Executive Director
D/16
REDEVELOPMENT COMMUNITY DEVELOPMENT HOUSING REHABILITATION HUMAN RIGHTS FISCAL 8 PROGRAM
ANN KOLATA 8 BUSINESS ASSISTANCE KATHRYN BAUMGARTNER MARY E. ALLEN MANAGEMENT
284-9371 DONALD INKS 284-9475 284-9355 ELIZABETH LEONARD
284-9335 284-9335
RESOLUTION # 92
RESOLUTION OF THE AREA PLAN COMMISSION OF ST.
JOSEPH COUNTY, INDIANA, DETERMINING THAT
DECLARATORY RESOLUTION NO. 800, REDECLARING.
THE SOUTH BEND CENTRAL DEVELOPMENT AREA TO BE
BLIGHTED FOR PURPOSES OF COMPLIANCE WITH THE .
TAX REFORM ACT OF 1986, 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. 800, redeclaring
the South Bend Central Development Area (Area) to be blighted to
conform with the Tax Reform Act of 1986, has readopted the Development -
Plan for the South Bend Central Development Area (Development Plan) , .
and has submitted Resolution No. 800 and the Development 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 and Development Plan are 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. 800 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. 84.
4. Resolution No. 800 of the South Bend Redevelopment Commission,
redeclaring the South Bend Central Development Area to be blighted for
purposes of compliance with the Tax Reform Act of 1986, 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. 800
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. 800 and the Development Plan with the minutes of this meeting. - .
Passed by the Area Plan Commission of St. Joseph County, Indiana,,
this day of May, 1987.
t' Leszczynski, • sident
Member, Area Plan Commission of.
St. Joseph County, Indiana_
Attest :
•
Secretary.
I
EXHIBIT A
South Bend Common Council Resolution No.
South Bend Central Development Area
Findings of Fact
May 26, 1987
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 three other occasions.
In order to comply with the Tax Reform Act of 1986, the
redevelopment staff has re-examined that evidence of blight and has
presented that evidence to the South Bend Common Council on May 26,
1987. The South Bend Common Council has 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 precesses or by
the ordinary operation of private enterprise without resort to the
Indiana Redevelopment Law IC 36-7-14-1, et. seq. Blight is found
in the area 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 (50%) . This is
an overall office vacancy rate of seventeen percent
(17% ) .
4. 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 ) commercial or industrial
structures, ten (10) are vacant and twelve (12) are
underutilized. This means that twenty-six percent
(26%) of the commercial or industrial structures are
vacant or underutilized.
3. Of the eight-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 & alleys) .
D. In the entire South Bend Central Development Area:
1. Twenty-one percent (21% ) of the land is currently
vacant. (This does not include land used for streets
& 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 & 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.
•osep T. Serge, Pres ' ;' t
South Bend Common Co ricil
ATTEST: jj
Irene Gammon, City Clerk
mm/2B