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HomeMy WebLinkAboutApproving an order of the St. Joseph Co Area Plan Commission aproving an amendment to the West Wash.- Chapin Dev areal~ESOLUTIOt~ 3974-09 Passed by the Common Council of the City of South Bend, Indiana June 8, 09 Zo Attest: Chief Deputy City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 9, zo 09 ~1.C D.41 S ~c.C/ Approved and signed by me June 10, ~~~~~~ ~ 2fp 9 Chief Deputy _ City Clerk RESOLUTION NO. ~ ~ ~~ ~~ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the "Act"), on May 1, 2009, approved and adopted its Resolution No. 2580 (the "Declaratory Resolution") amending the acquisition list in the West Washington-Chapin Development Area Development Plan (the "Plan") for the West Washington-Chapin Development Area (the "Area") and amending the West Washington-Chapin Development Area Development Plan (the "Plan Amendment"); and WHEREAS, the Plan Amendment calls for the addition of the Hansel Center, located at 1045 West Washington St., South Bend, Indiana, to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"?, which is the duly designated and acting official planning body for the City of South Bend, Indiana (the "City"), on May 19, 2009, adopted and approved a resolution, a copy of which is attached hereto as Exhibit A, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the P1«n Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 26th day of May, 2009. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: Member of the Common Council Attest: ~`~~v~ity Cler N~~'rSEN~ED b -~-~~ NOT APPROVED ADOPTER '' ~ _g_O~ Filed in C{er'~'~ Qrf~~ ~~A~t z a zoo9 JC7uT! 1;CCR"vE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 09-40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 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. Ann Puzzello Chairperson, Committee of the Whole Exhibit A (Plan Commission Order) RESOLUTION NO. ~~ _Q q RESOLUTION OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana (the "City"); and WHEREAS, the South Bend Redevelopment Commission (the "Commission"), is the governing body of the South Bend Department of Redevelopment (the "Department"): and WHEREAS, on May 1, 2009, the Commission approved and adopted its Resolution No. 2580 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the "Declaratory Resolution"); and WHEREAS, the Declaratory Resolution amends the acquisition list contained in the West Washington-Chapin Development Area Development Plan (the "Plan") for the West Washington-Chapin Development Area (the "Area"), identifies a parcel located within the Area as a parcel necessary for the implementation of the Plan and adopts an amendment to the Plan (Exhibit A to Commission Resolution No. 2580) (the "Plan Amendment"); and WHEREAS, the Commission has submitted the Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of Indiana Code 36-7-14 (the "Act"); and WHEREAS, pursuant to the provisions to the Act, the Plan Commission desires to issue its written order approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan Commission, as follows: 1. The Declaratory Resolution and Plan, as amended by the Declaratory Resolution, conform to the plan of development for the City. 2. The Declaratory Resolution and Plan Amendment are in all respects approved, ratified and confirmed. 3. This Resolution is hereby designated and constitutes the written order of the Area Plan Commission approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution, pursuant to the requirements of Section 16 of the Act. 4. The Secretary of the Area Plan Commission is hereby directed to forward a copy of this Resolution together with the Declaratory Resolution to the South Bend City Common Council for its consideration. 5. The Secretary is hereby directed to file a copy of said Declaratory Resolution with the minutes of this meeting. ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan Commission this 19th day of May, 2009. ATTEST: -2- ST. JOSEPH COUNTY AREA PLAN COMMISSION RESOLUTION NO. 2580 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the City of South Bend Department of Redevelopment (the "Department"), on October 23, 1987, adopted Resolution No. 818 declaring the West Washington-Chapin Development Area (the "Area") in the City of South Bend, Indiana (the "City") to be an area needing redevelopment within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, which is codified at Indiana Code 36-7-14-1 et seq. (the "Act"); and WHEREAS, Resolution No. 818 and the West Washington-Chapin Development Area Development Plan (the "Development Plan") adopted by Resolution No. 818 on October 23, 1987 were confirmed by Resolution No. 824 adopted on December 11, 1987; and WHEREAS, Resolution No. 818 was amended by Resolution No. 908, adopted on February 23, 1990, which expanded the West Washington-Chapin Development Area by adding Expansion Area No. 1; and WHEREAS, Resolution No. 818 was further amended by Resolution No. 1669 adopted on February 19, 1999, which expanded the West Washington-Chapin Development Area by adding Expansion Area No. 2; and WHEREAS, Resolution No. 818 was further amended by Resolution No. 2000 adopted on October 3, 2003, which reduced the West Washington-Chapin Development Area by removing Reduction Area No. 1; and WHEREAS, Resolution No. 818 was further amended by Resolutions No. 2348 and 2351 adopted on June 19, 2007 and July 20, 2007 respectively, expanding the Airport Economic Development Area to include the area commonly referred to as the MaryCrest/Hurwich Area and therefore effectively amending Resolution No. 818 to remove said area from the West Washington- ChapinDevelopment Area, which removed area shall be referred to here in as Reduction Area No. 2; and WHEREAS, Resolution No. 818 was further amended by Resolution No. 2383 adopted on November 2, 2007, which reduced the West Washington-Chapin Development Area by removing Reduction Area No. 3; and WHEREAS, the Development Plan for the West Washington-Chapin Development Area as adopted by Resolution No. 818 includes a list of parcels of property to be acquired within the West Washington-Chapin Development Area in order to accomplish the Development Plan; and WHEREAS, the Development Plan as adopted by Resolution No. 818 was amended by Resolution No. 990 adopted on May 10, 1991, and was further amended by Resolution No. 1243 adopted on May 6, 1994, and was further amended by Resolution No. 1399 adopted on January 2, 1996, and was further amended by Resolution No. 1436 on July 3, 1996 and said Resolution Nos. 990, 1243, 1399 and 1436 modified the list of parcels to be acquired by adding parcels to the list; and WHEREAS, the Commission now desires to further modify the list of parcels of property to be acquired by adding a parcel of property to the list, such parcel being commonly referred to as the Hansel Center (the "Hansel Center"); and WHEREAS, the Commission previously adopted the Development Plan and now desires to amend the Development Plan to provide for the acquisition of the Hansel Center; and WHEREAS, on March 20, 2009, the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the West Washington-Chapin Development Area within the City; and WHEREAS, pursuant to the Act, the Department has conducted surveys and investigations and has thoroughly studied the West Washington-Chapin Development Area and the Development Plan; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of the Plan amendment which shall include the acquisition of the Hansel Center; and WHEREAS, the Commission has previously caused to be prepared maps and plats of the West Washington-Chapin Development Area showing the boundaries of the West Washington- ChapinDevelopment Area which boundaries were previously adopted by the Commission (Exhibit B) and which shall remain unchanged by the Plan Amendment; and WHEREAS, the Plan Amendment conforms to other development and redevelopment plans for the City. NOW, THEREFORE, BE TT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS: 1. The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to acquire additional land within the Area, as shown on Exhibit A attached 2 hereto and incorporated herein, such parcel being commonly referred to as the Hansel Center. 2. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3. The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; c) improved diversity of the economic base; and d) other similar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition and redevelopment of the property being added to the acquisition list is $370,000.00. 5. The Commission hereby determines that the Plan Amendment conforms to other development and redevelopment plans for the City. 6. The maps and plats of the West Washington-Chapin Development Area, showing the boundaries, 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, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the Plan, which maps and plats were previously adopted by the Commission, are hereby confirmed by the Commission (Exhibit B). 7. The Secretary is hereby directed to file a certified copy of said Development Plan, as amended, with the minutes of this meeting. 8. The officers of the Commission are hereby directed to submit the Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the Act and IC 5-3-1 and after all required filings have been made pursuant to Section 17(b) and (c) of the Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist. 10. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed, or (except as otherwise provided herein) proceedings begun before the effective date of this Resolution. 11. All other findings, determinations and conclusions in Resolution 818, as amended heretofore, shall remain as stated therein. 12. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended. ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on May 1, 2009, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed Name and Title South Bend Redevelopment Commission ATTEST: Signature Printed Name and Title South Bend Redevelopment Commission 4 EXHIBIT A RESOLUTION N0.2580 AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADDITION TO THE ACQUISITION LIST PARCEL ID OWNER OF RECORD ADDRESS 18-1041-1803 South Bend Heritage Foundation 1045 W WashingtonSt Properties LLC South Bend, Indiana such parcel being commonly referred to as the Hansel Center. EXHIBIT B RESOLUTION N0.2580 West Washington-Chapin Development Area Legal Description 1400 ~'.oUNTY-CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 574/235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE AIaDEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY May 19, 2009 Mr. Derek Dieter, President South Bend Common Council 41h Floor County-City Building South Bend, IN 46601 RE: Proposed Addition of the Hansel Center to the West Washington Chapin Development Area Acquisition List Dear President Dieter: Attached for the Common Council's consideration is a proposed resolution which approves an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. This process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the West Washington- Chapin Development Area (WWCDA) to add the Hansel Center, located at 1045 West Washington Street, to the WWCDA Acquisition List. The declaratory resolution of the RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order approving the RDC's action. The APC's resolution is now submitted to the South Bend City Common Council for its approval. The Hansel Center is an historic landmark building in the West Washington-Chapin Street National Historic District. It was built in 1925, as a children's dispensary, and later served as a neighborhood center and as the administrative offices of Head Start. .A proposed joint venture between the City of South Bend and the University of Notre Dame would rehabilitate the building to house the Notre Dame Center for Art and Culture. The Institute for Latino Studies and Segura Publishing (a fine art print house which would relocate here from Tempe, Arizona) would support numerous print and arts related community and university projects. Either Bill Schalliol or another staff member from the Division of Economic Development will present this Resolution to the Common Council. Thank you for your consideration. LJM/pap Sinc y, __' e / a ence J. Meteiver ssistant City Attorney THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN ~~