HomeMy WebLinkAboutCC-12-15-14-04 City Center Development; Designating Kent Building Sponsors: Councilors Seidensticker and Rider
RESOLUTION CC-12-15-14-04
(FORMERLY CC-10-06-14-04)
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA,APPROVING CERTAIN MATTERS IN CONNECTION WITH THE
CITY CENTER REDEVELOPMENT 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), previously adopted a Declaratory
Resolution on January 15, 1998, as subsequently confirmed following a public hearing and
previously amended (the "Original Declaratory Resolution"), for the purpose of(a) designating
an area known as the City Center Redevelopment Area (the "Redevelopment Area"), as a
redevelopment area pursuant to Section 15 of the Act, (b) approving a redevelopment plan for
the Redevelopment Area, pursuant to Section 15 of the Act, which plan has subsequently been
incorporated into and replaced by an Integrated Economic Development Plan & Amended
Redevelopment Plan which applies to the Redevelopment Area (the "Original Plan") that was
approved by the Redevelopment Commission, and (c) designating a portion of the
Redevelopment Area as an"allocation area"pursuant to Section 39 of the Act; and
WHEREAS, pursuant to the Act, the Redevelopment Commission adopted a declaratory
resolution on September 15, 2014 (the "2014 Declaratory Resolution"), approving certain
amendments to the Original Declaratory Resolution and adopting an amendment to the Original
Plan(the"2014 Plan Addendum"); and
WHEREAS, pursuant to the Act, the Carmel Plan Commission approved and adopted a
resolution on September 16, 2014 (the "2014 Plan Commission Order") determining that the
2014 Declaratory Resolution and the 2014 Plan Addendum conform to the plan of development
for the City of Carmel, Indiana (the "City"), and approving the 2014 Declaratory Resolution and
the 2014 Plan Amendment.
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 (the
"Council") hereby determines that the 2014 Declaratory Resolution and the 2014 Plan
Addendum, in all respects, conform to the plan of development for the City, and approves in all
respects, the 2014 Declaratory Resolution, the 2014 Plan Addendum and the 2014 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 15 day of13e*r , 2014,
by a vote of '1 ayes and b nays.
COMMON COUNCIL OF THE CITY 1 . CA EL, ! 1 I A
it
Pr:ling Officer K-vin D. Rider
W. E:{ Sei s -nsticker, Pre .ent Pro Tempore Carol Schl 'f W
R. s . Carter Richar• Sharp
401111) 4z
'inkam I uci • gder ,
-
ATTES�Y'�
Diana L. Cordray, IAMC, Clerk-Tre.surer
Presented by me to the Mayor of the City of Carmel this !64day of
2014, at/:Y"_e_.M.
Diana L. Cordray, IAMC, Clerk-Trea 1rer
Approved by me, Mayor of the City of Carmel, Indiana, this /1 day of
2014, at ia•'93 P.M.
J mes Brainard, Mayor
ATT I. /1/
►„
Diana L. Cordray, IAMC, C -r -Treasurer of
the City of Carmel, Indiana
Prepared by: Bruce D. Donaldson, Esq.
Barnes & Thornburg LLP
11 South Meridian Street
Indianapolis, IN 46204
INDS01 BJB 1475471v1
2
RESOLUTION NO. 2014-15
DECLARATORY RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT
COMMISSION AMENDING THE DECLARATORY RESOLUTION AND THE
REDEVELOPMENT PLAN FOR THE CITY CENTER REDEVELOPMENT AREA
WHEREAS, on January 15, 1998, the City of Cannel Redevelopment Commission (the
"Commission"), as the governing body for the City of Cannel Redevelopment Department (the
"Department"),pursuant to Indiana Code 36-7-14,as amended(the"Act),adopted its Resolution No.
3-1998(as subsequently confirmed and previously amended,the"Original Declaratory Resolution"),
for the purposes of (a) designating an area known as the City Center Redevelopment Area (the
"Redevelopment Area"),as a redevelopment area pursuant to Section 15 of the Act,(b)approving a
redevelopment plan for the Redevelopment Area,pursuant to Section 15 of the Act,which plan has
subsequently been incorporated into and replaced by an Integrated Economic Development Plan&
Amended Redevelopment Plan which applies to the Redevelopment Area(the"Original Plan")that
was approved by the Commission; and(c)designating a portion of the Redevelopment Area as an
"allocation area" pursuant to Section 39 of the Act, known as the City Center Redevelopment
Allocation Area(the"City Center Redevelopment Allocation Area"); and
WHEREAS, the Commission now desires to further amend the Original Declaratory
Resolution and the Original Plan to(a)incorporate into the Original Plan an addendum thereto(the
"Plan Addendum")in the form presented to this meeting and attached as Exhibit A hereto,and(b)
g ( )
remove the area described in Exhibit B hereto from the City Center Redevelopment Allocation Area,
and designate such area as its own separate allocation area,known as the"Kent Allocation Area"
(clauses(a)through and including(b),collectively,the"2014 Amendments"); and
WHEREAS, the Commission has previously caused to be prepared: (a) maps and plats
showing the boundaries of the Redevelopment 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 Redevelopment Area,indicating any parcels of property to be excluded from
the acquisition,and showing the parts of the Redevelopment Area acquired that are to be devoted to
public ways, levees, sewerages, parks, playgrounds and other public purposes under the Original
Plan;and(b)an estimate of the costs of the development projects as set forth in the Original Plan;
and
WHEREAS,the 2014 Amendments and supporting data were reviewed and considered at this
meeting;and
WHEREAS, Section 39 of the Act has been created and amended to permit the creation of
"allocation areas"to provide for the allocation and distribution of property taxes for the purposes and
in the manner provided in said section;and
WHEREAS,Sections 15, 16,and 17 of the Act have been created to permit the creation of
"redevelopment project areas", and to provide that the Commission may exercise certain rights,
powers,privileges and immunities in a redevelopment project area,subject to the conditions set forth
in the Act;and
WHEREAS,the Commission deems it advisable to apply the provisions of said Sections 15,
16,and 17 of the Act to the 2014 Amendments.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Redevelopment
Commission,as the governing body of the City of Carmel Redevelopment Department,as follows:
1. The Commission hereby reaffirms its findings that the Redevelopment Area,
including the Kent Allocation Area,is an"an area needing redevelopment"within the meaning of
Section 15 of the Act, because it is an area in which normal development and occupancy are
undesirable or impossible because of the lack of development, the cessation of growth and the
deterioration of improvements in the Redevelopment Area; the character of occupancy, age, and
obsolescence of property in the Redevelopment Area;the substandard condition of buildings in the
Redevelopment Area;and other factors that impair values or prevent a normal use or development of
property in the Redevelopment Area.
2. The Commission further reaffirms its findings that the conditions in the
Redevelopment Area described in the Original Plan cannot be corrected by regulatory processes or
the ordinary operations of private enterprise without resort to the Act,and that the public health and
welfare will be benefited by the acquisition and redevelopment of the Redevelopment Area under the
Act.
3. The Commission finds that the public health and welfare will continue to be benefited
by the redevelopment of the Redevelopment Area,including the Kent Allocation Area,under the Act
as a redevelopment project area.
4. The Commission finds that (a) this Resolution and the 2014 Amendments are
reasonable and appropriate when considered in relation to the Original Declaratory Resolution,the
Original Plan and the purposes of the Act, and (b) the Original Declaratory Resolution and the
Original Plan, as so amended by this Resolution and the 2014 Amendments, conform to any
comprehensive plan for the City.
5. The Commission further finds that it will be of public utility and benefit to amend the
Original Declaratory Resolution and the Original Plan for the Redevelopment Area.
6. In support of the findings and determinations set forth in Sections 1 through 5 above,
the Commission hereby adopts the specific findings set forth in the Original Plan,as supplemented
by the Plan Addendum(collectively,the"Plan"),and the Plan Addendum is hereby in all respects
approved.
7. While the Plan contemplates the possibility of property and right-of-way acquisition
as a part of the redevelopment strategy,the Commission does not at this time propose to acquire any
specific parcel of land or interests in land within the boundaries of the Redevelopment Area. If at
any time the Commission proposes to acquire specific parcels of land,the required procedures for
amending the Plan under the Act will be followed,including notice by publication and to affected
property owners and a public hearing.
2
8. The Commission finds that no residents of the Redevelopment Area will be displaced
by any project resulting from the Plan,and therefore finds that it does not need to give consideration
to transitional and permanent provisions for adequate housing for residents of the Redevelopment
Area.
9. The area described in Exhibit B hereto as the "Kent Allocation Area" is hereby
removed from the City Center Redevelopment Allocation Area,and is hereby designated as its own
separate allocation area to be known as the"Kent Allocation Area"pursuant to Section 39 of the Act
for purposes of the allocation and distribution of property taxes for the purposes and in the manner
provided by said Section 39. Any real property taxes subsequently levied by or for the benefit of any
public body entitled to a distribution of property taxes on taxable property in the Kent 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(a) the assessed value of the property for the assessment date with respect to
which the allocation and distribution is made, or (b) 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 Kent Allocation Area that may be used by the
redevelopment district only to do one or more of the things specified in Section 39(b)(2)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)(3) of the Act. The foregoing allocation provisions shall apply to all of the Kent
Allocation Area and 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 Kent Allocation Area. The
base assessment date for the Kent Allocation Area is March 1, 2014. Tax increment
revenues derived from the Kent Allocation Area may be spent for any of the purposes
identified in the Original Plan, as supplemented by the Plan Addendum.
10. The Commission hereby finds, as supported by evidence set forth in the Plan
Addendum, that the adoption of the allocation provision in Section 9 hereof will result in new
property taxes in the Redevelopment Area that would not have been generated but for the adoption of
such allocation provisions.
11. Each officer of the Commission is hereby authorized and directed to make any and all
required filings with the Indiana Department of Local Government Finance and the Hamilton County
Auditor in connection with the Kent Allocation Area.
12. This Resolution shall be submitted to the Plan Commission and the Common Council
as provided in the Act,and if approved by the Plan Commission and the Common Council shall be
submitted to a public hearing and remonstrance as provided by the Act, after public notice as
required by the Act.
3
13. The officers of the Commission are hereby authorized to make all filings necessary or
desirable to carry out the purposes and intent of this Resolution.
14. The provisions of this Resolution shall be subject in all respects to the Act and any
amendments thereto.
Adopted the 15th day of September, 2014.
CITY OF CARMEL REDEVELOPMENT
COMMISSION
President
OtS
Vice President
1;} pr(S nh
Secretary
Member
Y\Uk prryt✓tt
Member
4
EXHIBIT A
Plan Addendum
(attached)
A-1
CITY CENTER REDEVELOPMENT AREA
ADDENDUM TO INTEGRATED ECONOMIC DEVELOPMENT PLAN&AMENDED
REDEVELOPMENT PLAN
September 15,2014
Background
On January 15, 1998, the City of Cannel Redevelopment Commission (the
"Commission"), adopted its Resolution No. 3-1998 (as subsequently confirmed and previously
amended, the "Original Declaratory Resolution"), for the purposes of (a) designating an area
known as the City Center Redevelopment Area(the"Redevelopment Area"), as a redevelopment
area pursuant to Section 15 of the Indiana Code 36-7-14, as amended (the "Act), (b) approving a
redevelopment plan for the Redevelopment Area, pursuant to Section 15 of the Act, which plan
has subsequently been incorporated into and replaced by an Integrated Economic Development
Plan & Amended Redevelopment Plan which applies to the Redevelopment Area (the "Original
Plan") that was approved by the Commission; and (c) designating a portion of the
Redevelopment Area as an"allocation area"pursuant to Section 39 of the Act,known as the City
Center Redevelopment Allocation Area (the "City Center Redevelopment Allocation Area"). A
description of the boundaries of the Redevelopment Area and the City Center Redevelopment
Allocation Area are attached as exhibits to the Original Declaratory Resolution.
The purpose of this Addendum to the Integrated Economic Development Plan &
Amended Redevelopment Plan for the Redevelopment Area(the"Plan Addendum") is to expand
the scope of projects to be undertaken by the Commission within the Redevelopment Area, as
more particularly described in Appendix A hereto. Simultaneously with the consideration of this
Plan Addendum, the Commission is expected to identify a portion of the existing City Center
Redevelopment Allocation Area which is to be removed therefrom and designated as its own
separate allocation area to be known as the "Kent Allocation Area" (the"New Allocation Area").
A map of the Redevelopment Area and the proposed New Allocation Area is attached as
Appendix B hereto.
Specifically, this Plan Addendum supplements the Original Plan by identifying the
projects that are proposed to be undertaken by the Commission within the proposed New
Allocation Area in order to help remedy the conditions so identified in the specific findings of
fact set forth in the Original Plan and setting forth an estimate of the costs of such additional
projects.
APPENDIX A
Additional Projects
Based upon negotiations with one or more private developers that are considering certain
proposed development projects within the Redevelopment Area, the Commission believes that
there is a substantial likelihood of significant new private investment in the Redevelopment Area
which will result in major capital improvements to property located in the New Allocation Area.
As part of such anticipated development, the Commission expects that certain local public
improvements will be required to support such new private investment in the New Allocation
Area. A summary of the proposed additional local public improvement projects and estimated
costs thereof are set forth below. Therefore, the Commission reasonably believes that (a) these
proposed additional projects are necessary and appropriate in order to help remedy the conditions
so identified in the specific findings of fact set forth in the Original Plan and to further
development within the City of Carmel, Indiana, in accordance with the Act, (b) such proposed
new private investment will result in new property taxes in the Redevelopment Area, and (c)
such new property taxes in the Redevelopment Area would not be generated but for the
establishment of the New Allocation Area.
The additional projects consist of the construction, renovation, improvement and
equipping of additional local public improvements in the Redevelopment Area, including,
without limitation (a) landscaping and streetscaping projects, (b) lighting upgrades, (c) roads,
streets, sidewalks and other public ways, (d) parking facilities, (e) improvements, upgrades,
repairs and/or relocation of water, sewer, drainage or other utility infrastructure, (f)site work and
preparation to support mixed use development generally to be located in the Redevelopment
Area, and (g) other necessary public infrastructure to be located in the Redevelopment Area.
Such additional local public improvements may include the following specific projects with the
following current estimated costs:
Potential Projects Estimated Cost
Roads, streets, sidewalks and other public ways adjacent to or $855,171
serving the existing or proposed Kent Building
In addition, pursuant to Resolution No. 2014-14, anticipated to be adopted by the
Commission on September 15, 2014, the Commission anticipates financing certain additional
projects, improvements or purposes in the Carmel Downtown Economic Development Area.
Pursuant to Indiana Code 36-7-25-3, as amended, the Commission hereby finds and determines
that such additional projects, improvements or purposes to be located in the Carmel Downtown
Economic Development Area will directly serve or benefit the Redevelopment Area. Therefore,
this Plan Addendum contemplates that incremental property tax revenues derived from the New
Allocation Area may be used to pay for all or any portion of the costs of such additional projects,
improvements or purposes to be located in the Cannel Downtown Economic Development Area.
A-1
APPENDIX B
Map of Redevelopment Area and New Allocation Area
(attached)
INDSOI BJB 1474519v2
B-1
APPENDIX B
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EXHIBIT B
Description of Kent Allocation Area
The Kent Allocation Area is more particularly described by Pedcor as follows:
Parcel Numbers: Air rights above the following existing parcels:
16-09-36-00-00-005.023
16-09-36-00-00-005.024
Legal Description:
Kent Legal
Parcel 11
Instrument No. 2005-72981
Tract 1
Part of the Northeast Quarter of Section 36,Township 18 North, Range 3 East, in Hamilton County, Indiana,
more particularly described as follows:
Commencing at the Northeast corner of the Northeast Quarter of said Section 36; thence South 89 degrees 12
minutes 13 seconds West (an assumed bearing) 1177.71 feet along the North line of said quarter section to the
centerline of Third Avenue as shown on the Carmel City Center Drive Road Plans Project No. 97-10A, the
following two(2)courses are along the centerline of Third Avenue; 1)thence South 00 degrees 12 minutes 13
seconds West 26.53 feet; 2)thence South 00 degrees 46 minutes 33 seconds East 784.74 feet; thence South 89
degrees 48 minutes 03 seconds West 60.05 feet to the western right-of-way line of Third Avenue; thence
continuing South 89 degrees 48 minutes 03 seconds West 237.97 Feet; thence South 00 degrees 11 minutes 57
seconds East 119.28 feet to the Point of Beginning of this description; thence South 89 degrees 48 minutes 03
seconds East 62.72 feet; thence South 00 degrees 00 minutes 00 seconds West 259.87 feet; thence South 89
degrees 12 minutes 13 seconds West 219.15 feet;thence North 00 degrees 11 minutes 46 seconds West 66.97 feet;
thence North 89 degrees 48 minutes 03 seconds East 8.06 feet;thence North 00 degrees 11 minutes 57 seconds
West 184.46 feet;thence North 89 degrees 48 minutes 03 seconds East 149.26 feet;thence North 00 degrees 10
minutes 38 seconds West 10.73 feet to the Point of Beginning,containing 1.243 acres,more or less.
Tract 2
Easement for a road as granted in Easement Agreement by and between The City of Carmel Redevelopment
Commission and Kosene Investments,LLC,dated August 7,2003,and recorded October 22,2003 as Instrument
No.200300110033.
B-1
AND
Parcel I
Part of Instrument#1999-9923665 Described as Exhibit`B"in Instrument#2003-110031
Part of the Northeast Quarter of Section 36,Township 18 North,Range 3 East,in Hamilton County,Indiana,more
particularly described as follows:
Commencing at the Northeast corner of the Northeast Quarter of said Section 36;THENCE South 89 degrees 12
minutes 13 seconds West(an assumed bearing) 1177.71 feet along the North line of said Quarter to the centerline
of 3`d Avenue as shown on the Carmel City Center Drive Road Plans Project No.97-10A,the following two(2)
courses are along the centerline of 3'd Avenue; 1)THENCE South 00 degrees 12 minutes 13 seconds West 26.53
feet; 2) THENCE South 00 degrees 46 minutes 33 seconds East 784.74 feet; THENCE South 89 degrees 48
minutes 03 seconds West 60.05 feet to the western right-of-way line of Third Avenue and the POINT OF
BEGINNING of this description, the following two(2)course are along the western right-of-way line of Third
Avenue; 1)THENCE South 00 degrees 46 minutes 33 seconds East 59.70 feet;2)THENCE South 00 degrees 21
minutes 43 seconds East 317.60 feet to the southern boundary line of the tract of land described in the Affidavit
subscribed and sworn to by Helen Moffitt Mueller as recorded in Miscellaneous Record 48,pages 462 and 463,in
the Office of the Recorder of Hamilton County;THENCE South 89 degrees 12 minutes 13 seconds West 177.65
feet along the southern boundary of the Mueller Tract;THENCE North 00 degrees 00 minutes 00 seconds East
259.87 feet; THENCE South 89 degrees 48 minutes 03 seconds West 62.72 feet; THENCE North 00 degrees 11
minutes 57 seconds West 119.28 feet;THENCE North 89 degrees 48 minutes 03 seconds East 237.97 feet to the
Point of Beginning, containing 1.704 acres,more or less.
INDS01 BiB 1474482y2
B-2
RESOLUTION NO. PC-09-1644-c
RESOLUTION OF THE CITY OF CARMEL PLAN COMMISSION
APPROVING AMENDMENTS TO THE DECLARATORY RESOLUTION
AND REDEVELOPMENT PLAN FOR THE CITY CENTER REDEVELOPMENT AREA
WHEREAS,the City of Carmel Plan Commission(the"Plan Commission")is the body charged
with the duty of developing a general plan of development for the City of Carmel,Indiana(the`City");
and
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), has approved and adopted a Resolution (the
"Resolution")approving certain amendments to the declaratory resolution and redevelopment plan for
the City Center Redevelopment Area(the"Plan Addendum"); and
WHEREAS, the Redevelopment Commission has submitted the Resolution and the Plan
Addendum to this Plan Commission,and,after reviewing the Resolution and the Plan Addendum,the
Plan Commission has determined that that no residents of the City of Carmel will be displaced by the
proposed development thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CARMEL PLAN
COMMISSION, as follows:
1. The Plan Commission hereby finds and determines that the Resolution and the Plan
Addendum conform to the plan of development for the City.
2. The Plan Commission hereby approves the Resolution and the Plan Addendum. This
resolution hereby constitutes the written order of the Plan Commission approving the Resolution and the
Plan Addendum pursuant to Section 16 of the Act.
3. The Secretary of this Plan Commission is hereby directed to file a copy of the Resolution
and the Plan Addendum with the minutes of this meeting.
SO RESOLVED BY THE CITY OF CARMEL PLAN COMMISSION this le day of
September, 2014.
CITY OF CARMEL PLAN COMMISSION
Presiden - �'+
ATTEST: .
JLC4VVU
Secretary
INUSOI BM 14745,70