Loading...
HomeMy WebLinkAboutCC-10-06-14-02 KG Main Project; The Olivia on Main; Old Meridian EDA Sponsor: Councilor Snyder RESOLUTION CC-10-06-14-02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA APPROVING CERTAIN MATTERS IN CONNECTION WITH THE OLD MERIDIAN ECONOMIC DEVELOPMENT AREA WHEREAS, the City of Carmel Redevelopment Commission (the "Redevelopment Commission"), as the governing body for the City of Carmel Redevelopment Department, pursuant to Indiana Code 36-7-14, as amended (the"Act), adopted its Resolution No. 2014-12 on August 20, 2014 (the "CRC Resolution"), which made certain amendments to the previously declared Old Meridian Economic Development Area (the "Economic Development Area") and the Economic Development Plan (the "Plan") for the Economic Development Area (such Plan amendments,the"Plan Supplement"); and WHEREAS,the City of Carmel Plan Commission, on September 16, 2014, approved and adopted its Resolution No. PC-09-14-14-a (the "Plan Commission Order") determining that the CRC Resolution and Plan Supplement conform to the plan of development for the City of Carmel and approving the CRC Resolution and the Plan Supplement. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, as follows: 1. Pursuant to Section 16(b) of the Act, the Common Council of the City determines that the CRC Resolution and the Plan Supplement, in all respects, conform to the plan of development for the City, and approves in all respects, the CRC Resolution, the Plan Supplement, and the Plan Commission Order. 2. This Resolution shall be in full force and effect from and after its passage by the Council and approval by the Mayor as required by law. PASSED by the Common Council of the City of Carmel, this (9 day of Q j it , 2014,by a vote of (p ayes and 1 nays. COMMON COUNCIL OF THE CITY OF CARMEL,IN 1 .• A /.� PresO leer Kevin D. Rider a P PO s 6 (_!. ,e.,ea$ . W. Eric Seidensticker, President Pro Tempore Carol Schleif'eZ ' g ' 1//K Z fR ald E. Carter Richard L. Sharp �r A _� / �. .�� binkam/ _L.uci -nyder ATTEST: i2-4---g-'4--H- / * Diana L. Cordray,IAMC, Clerk-Treas 4 r Presented by me to the Mayor of the City of Carmel, In ' a,this 7 day of d lt., , 2014, at 9:00 AM. f ', ' Diana L. Cordray, IAMC, Clerk- ► easurer Approved by me, Mayor of the City of Carmel, Indiana, this I day of OCJJ JCJL. , 2014, at 3:LS P .M. 2—,■-- _____I/ Jam Brainard, Mayor . ATTEST: /06, t-k.)X % ; ' 6 • Diana L. Cordray, IAMC, Clerk-Trea er Prepared by: Bruce D. Donaldson Barnes & Thornburg LLP 11 South Meridian Street Indianapolis,IN 46204 INDSOI BDD 1469107v1 2 RESOLUTION NO. 2014-12 RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION AMENDING THE DECLARATORY RESOLUTION FOR THE OLD MERIDIAN ECONOMIC DEVELOPMENT AREA WHEREAS,the City of Cannel Redevelopment Commission(the"Commission")pursuant to IC 36-7-14(the"Act")serves as the governing body of the City of Carmel Redevelopment District (the"District"); and WHEREAS,the Commission has previously adopted and confirmed resolutions(collectively, the "Declaratory Resolution") which established and, expanded an economic development area known as the"Old Meridian Economic Development Area"(the"Economic Development Area"), designated the Economic Development Area and expansion thereto as an allocation area pursuant to Section 39 of the Act.(as expanded,the "Old Meridian Street Allocation Area") and approved a development plan for the Economic Development Area(the"Plan")pursuant to the Act; and WHEREAS,the Commission now desires to amend the Declaratory Resolution and Plan(i) to remove the area described on Exhibit A attached hereto from the Old Meridian Street Allocation Area, (ii)to designate the area described on Exhibit A attached hereto as a separate allocation area pursuant to Section 39 of the Act to be known as.The Olivia on Main Allocation Area("The Olivia on Main Allocation Area"),and(iii)to adopt a supplement to the Plan attached hereto as Exhibit B (the"2014 Plan Supplement")(clauses(i),(ii)and(iii),collectively,the"2014 Amendments");and WHEREAS,the 2014 Amendments and supporting data were reviewed and considered at this meeting; and WHEREAS, Sections 41 and 43 of the Act permit the creation of"economic development areas"and provide that all of the rights,powers,privileges and immunities that may be exercised by this Commission in:a redevelopment area or urban renewal area may be exercised in an economic development area, subject to the conditions set forth in the Act; and WHEREAS,this Commission deems it advisable to apply the provisions of said Sections 41 and 43 of the Act to the 2014 Amendments; and WHEREAS,the Commission now desires to approve the.2014 Amendments. NOW, THEREFORE, BE IT RESOLVED by the City of Cannel Redevelopment Commission, governing body of the City of Carmel Redevelopment District, as follows: 1. It will be of public utility and benefit to amend the Declaratory Resolution and the Plan for the Economic Development Area as provide d in the 2014 Amendments:and to continue to develop the Economic Development Area,including The Olivia on Main Allocation Area,under the Act. 2. The Declaratory Resolution and the Plan,as amended by this Resolution and the 2014 Plan Supplement, conform to the comprehensive plan of development for the City. 3. The:20.14 Amendments are reasonable and appropriate when considered in relation to the Declaratory Resolution and Plan and the purposes of the Act. 4. The findings and determinations set forth in the Declaratory Resolution and the Plan are hereby reaffirmed. 5. In support of the findings and determinations set forth in Sections.1 through 4 above, the Commission hereby adopts the specific findings set forth in the 2014 Plan Supplement. 6. The Commission does not at this time propose to acquire any specific parcel of land or interests in land within the boundaries of The Olivia on Main Allocation,Area.. If at any time the Commission proposes to acquire specific parcels of land,the required procedures for amending the Plan,as amended by the 2014 Plan Supplement,under the Act will be followed,including notice by publication to affected property owners and a public hearing. 7. The Commission finds that no residents of the Economic Development Area will be displaced by any project resulting from the 2014 Plan Supplement, and therefore finds that it does not need to give consideration to transitional and permanent provision for adequate housing for the residents. 8. The 2014.Amendment is hereby in all respects approved. 9. The area described in Exhibit A is hereby removed from the Old Meridian Street Allocation Area, and is hereby designated as a separate"allocation area"pursuant to Section 39 of the Act to be known as "The Olivia on Main Allocation Area,"for purposes of the allocation and distribution of property taxes for the purposes and in the manner provided by said Section. Any taxes imposed under I.C. 6-1:1 on real property subsequently levied by or for the benefit of any public body entitled to'a distribution,of property taxes on taxable property in said allocation area shall be allocated and distributed as follows: Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the lesser of the assessed value of the property for the assessment date with respect to which the allocation and distribution is made, or the base assessed value, shall be allocated to and when collected paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39,property tax proceeds in excess of those described in the previous sentence shall be allocated to the redevelopment district and when collected paid into an allocation fund for the Allocation Area hereby designated as "The Olivia on Main Allocation Fund" and may be used by the redevelopment district to do one or more of the things specified in Section 39(b)(3)of the Act,as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission. Except as otherwise provided in the Act,before July 15 of each year,the Commission shall take the actions set forth in Section 39(b)(4)of the Act. 10. The foregoing allocation provision shall apply to all of The Olivia on Main Allocation Area. The Commission hereby finds that the adoption of this allocation provision will result in new property taxes in The Olivia on Main Allocation Area that would not have been generated but for the adoption of the allocation provision,as specifically evidenced by the findings set forth in.Exhibit B hereto. The base assessment date for The Olivia on Main Allocation area is March 1, 2014. 11. The provisions of this Resolution shall be subject in all respects to the Act and any amendments thereto,and the allocation provisions herein relating to the Allocation Area shall expire on the date that is twenty-five(25)years after the date on which the first obligation is incurred to pay principal and interest on bonds or lease rentals on leases payable from tax increment revenues derived from The Olivia on Main Allocation Area. 12. This Resolution,together with any supporting data,shall be submitted to the City of Cannel Plan Commission(the "Plan Commission") and the Common Council of the City (the "Council")as provided in the Act,and if approved by the Plan Commission and the Council,shall be submitted to a public,hearing and remonstrance as provided by the Act, after public notice as required by the Act. Adopted the 206 day of August,2014. CITY OF CARMEL REDEVELOPMENT COMMISSION 1 iia.,:li/// / // resident c Vice President n:Ot rr Secretary h, 06, ....q..4 ember �.A;�� fir r 1i� �. Me w, EXHIBIT A Description of The Olivia on Main Allocation Area The Olivia on Main Allocation Area consists of the following parcels located in the City of Carmel, Indiana: 17-09-26-0.4-01-014.000 17-09-26-04-01-015.000 17-09-26-04-01-016.000 17-09-26-04-01-017.000 17-09-26-04-01-018.000. 17-09-26-04-01-019.000 17-09-26-04-01-020.000 17-09-26-04-01-021.000 EXHIBIT S 2014 Plan Supplement The Plan is hereby supplemented by adding the following projects to the Plan: Demolition of existing structures,utility relocation and connection,soft soil remediation,on- site storm water detention,on-site utilities,grading,landscaping,parking,and general site work and site preparation, all to support a proposed mixed use development generally to be located in the southwest quadrant of the intersection of Main Street and Old Meridian Street,in the City of Carmel, Indiana. Based on representations of the developer of the mixed use project,the Commission has determined that the development will not proceed as planned without the contribution of tax increment revenues to be derived from The Olivia on Main Allocation Area to the projects described above. INDS01 HDD 14691.14v1 • RESOLUTION'NO. PC-09 16-14-a RESOLUTION OF THE CITY OF CARMEL PLAN COMMISSION .APPROVING.AMENDMENTS TO THE DECLARATORY RESOLUTION AND DEVELOPMENT PLAN FOR THE OLD MERIDIAN ECONOMIC DEVELOPMENT AREA WHEREAS, the City of Carmel Redevelopment Commission (the "Redevelopment Commission")on August 20,2014,approved and adopted a Resolution(the"Resolution")approving certain amendments to the declaratory resolution and development plan for the Old Meridian Economic Development Area(the "Plan Supplement"); and WHEREAS, the Redevelopment Commission has submitted the Resolution and the Plan Supplement to this Plan Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CARMEL PLAN COMMISSION,as follows: 1. The Resolution and the Plan Supplement conform to the plan of development for the City of Carmel,Indiana. 2. This Plan Commission hereby approves the Resolution and the Plan Supplement. This resolution hereby constitutes the written order of the Plan Commission approving the Resolution and the Plan Supplement pursuant to I.C. § 36-7-14-16. 3. The Secretary of this Plan Commission is hereby directed to file a copy of the �'Y Y PY Resolution and the Plan Supplement with the minutes of this meeting. SO RESOLVED BY THE CITY OF CARMEL PLAN COMMISSION this 16th day of September,2014. CIT CARME PL COMMISSION President/ .D.rem OV? • ATTEST: Secretary INDSO.1 HDD 147 •902x1 • •