HomeMy WebLinkAboutCC-02-20-17-02 96th Street/Hazel Dell Parkway Economic Development Area,if
Sponsors: Councilors Kimball and Worrell
RESOLUTION CC -02-20-17-02
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA
APPROVING CERTAIN MATTERS IN CONNECTION WITH THE 96TH STREET/HAZEL
DELL PARKWAY ECONOMIC DEVELOPMENT AREA
Synopsis:
Resolution approves establishment of Sunrise Allocation Area and supplement to the 96th
Street/Hazel Dell Parkway Economic Development Plan.
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. 2016-16 on
November 16, 2016 (the "CRC Resolution"), which established a new'Sunrise Allocation Area
in the previously declared and newly expanded 96th Street/Hazel Dell Parkway Economic
Development Area (the "Economic Development Area") and amended 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 December 20, 2016, approved and
adopted a resolution (the "Plan Commission Order") determining that the CRC Resolution and
Plan Supplement conform to the plan of development for the City of Carmel, Indiana (the
"City") and approving the CRC Resolution and the Plan Supplement; and
WHEREAS, pursuant to Section 16(b) of the Act, .the Redevelopment Commission has
submitted the CRC Resolution and the Plan Supplement to the Common Council of the City.
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 conform to the plan of
development for the City, and approves the CRC Resolution, the Plan Supplement, and the Plan
Commission Order.
2. Pursuant to Section 41(c) of the Act, the Common Council of the City
hereby approves the enlargement of the boundary of the Economic Development Area and the
creation of the Sunrise Allocation Area.
3. 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 day of ✓oe't ,
2017, by a vote of _� ayes and "D nays.
COUNCIL OF THE CITY OF
Devin D. Rider, Vice President
pr� o
Laura Campbell
onald E. Carter
ATTEST:
C p""may, Vlerk-Treasure of Ll le City
of Carmel, Indiana
P esented by me to the Mayor of
IO f vtu' 2017, at 11: DD A.. m
41, /Bruce Kimball
,-
the City
I1
of Carmel, Indiana, this � _ day of
,/�.
Chri"5�`iine Paul5y, Clerl( Tredsurer
Approved by me, Mayor of the City of Carmel, Indiana, this f day of 6011-1weel ,
2017, at // Sa A.M.
ATTEST:
Aa C—r
C , Clerk- reasurer
Prepared by: Bruce D. Donaldson
Barnes & Thornburg LLP
11 South Meridian Street
Indianapolis, IN 46204
DMS BDD 4657238v2
2
J es Brainard, Mayor
RESOLUTION NO. I'C-12-20.2016-a
D#'C 156
RESOLUTION OF TILE .(:ITV OF CARMEL PLAN COMMI..' ON
APPROVING AMENDMENTS TO THE DIECLARATORV RES TIOIO(,S
AND DEVELOPMENT PLAN FOR THE 9610 STREET/HAZEL DELL KWAY
ECONOMIC DEVELOPMENT AREA 016 g -
WHEREAS. the City of Carmel Itedevelopment Commission (the " Rcdevclopment
Commission") tin November 16. 2016. approvcd and adopted its Resolution No. 2016-16 (the
"Resolution") approving certain amendments to the declaratory resolution and development plan for
the 96`s StrcctiHazcl IX -11 Parkway Economic Development Area (the "Plan Supplement"): and
WIIFREAS. the. Redevelopment C'omntission has submitted the Resolution and the Plan
Supplement it) this flan Conttttiktiion.
NOW. nil?Rll'ORE. ill: IT RESOLVl`D BY "i'III: CITY OF C':1Rf\Il:i. PLA -14
COMMISSION. as follows:
I . 'I'he Resolution and the Plan Supplement conform to the plan of dei cloprnent tar the .
Cite of Carmel. Indiana.
2. 'T'his Plan Commission hereby approves the Resolution and the Plan ;Supplement.
This .resolution hereby constitutes the written orderof the Plan Commission approving the
Remolution and the Platt Supplement.pursuant to I.C. Z 36.7.1.1-16.
3. The 'Secretary of this Plait Commission is hereby directed to life a copy of the
Resolution and the Phin Supplement with the minutes of this meeting.
SO RFSOI.V ED .BY TI IF CI I'Y 01: C ARM1:1. PIAN cOmMISSION this 2wh day of
December. 2016.
)F C'ARMI-1 PLAN COMMISSION
Presidew
A-1 -l'F.
ST:
Secretary
RESOLUTION NO. 2016-16
RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION
AMENDING THE DECLARATORY RESOLUTION AND THE
DEVELOPMENT PLAN FOR THE 96'h STREET/HAZEL DELL PARKWAY
ECONOMIC DEVELOPMENT AREA
WHEREAS, the City of Carmel 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 amended an economic
development area known as the "96`" Street/1-Iazel Dell Parkway Economic Development Area" (the
"Economic Development Area") and approved a development plan for the Economic Development
Area, which is part of the Integrated Economic Development Plan & Amended Redevelopment Plan
(the "Plan") pursuant to the Act; and
WHEREAS, the Commission now desires to amend the Declaratory Resolution and Plan (i)
add the described on Exhibit A attached hereto (the "Expansion Area") as part of the Economic
Development Area, (ii) designate the entirety of the Expansion Area as an allocation area pursuant
to Section 39 of the Act to be known as the Sunrise Allocation Area (the "Sunrise Allocation Area"),
and (iii) to adopt a supplement to the Plan attached hereto as Exhibit B (the "2016 Plan
Supplement") (clauses (i) through and including (iii), collectively, the "2016 Amendments"); and
WHEREAS, the Commission hereby finds that normal development and occupancy in the
.Expansion Area are undesirable or impossible because of lack of development, cessation of growth,
deteriorating improvements, age, and substandard buildings, which conditions cannot be corrected
by regulatory processes or the ordinary operations ofprivate enterprise without resort to the Act, the
public health and welfare will be benefited by the acquisition and/or redevelopment of the
Expansion Area under the Act and the 2016 Amendments and the 2016 Amendments will result in
new taxes in the Expansion Area that would not have been generated but for the adoption of the
2016 Amendments; and
WHEREAS, the Commission has caused to be prepared maps and plats showing the
boundaries of the Expansion Area, the location of various parcels of property, streets, alleys, and
other features affecting the acquisition, clearance, remediation, replatting, replanning, rezoning, or
redevelopment of the Expansion Area, the parts ofthe Expansion Area to be devoted to public ways,
levees, sewerage, and other public purposes under the Plan as amended herein, and lists of the
owners of any parcels proposed to be acquired, together with an estimate of the cost of acquisition
and redevelopment; and
WHEREAS, the 2016 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, Section 39 of the Act has been created and amended to permit the creation and
expansion 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, this Commission deems it advisable to apply the provisions of said Sections 39,
41 and 43 of the Act to the 2016 Amendments; and
WHEREAS, the Commission now desires to approve the 2016 Amendments.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Redevelopment
Commission, governing body of the City of Cannel Redevelopment District, as follows:
1. The 2016 Amendments promote significant opportunities for the gainful employment
of its citizens, attraction of major new business enterprises to the City of Carmel, Indiana (the
"City"), retention and expansion of significant business enterprises existing hi the boundaries of the
City, and meet other purposes of Sections 2.5, 41 and 43 of the Act, including without limitation
benefiting public health, safety and welfare, increasing the economic well-being of the City and the
State of Indiana (the "State"), and serving to protect and increase property values in the City and the
State
2. The 2016 Plan Supplement for the Expansion Area cannot be achieved by regulatory
processes or by the ordinary operation of private enterprise without resort to the powers allowed
under Sections 2.5, 41 and 43 of the Act because of lack of development, cessation of growth,
deteriorating improvements and age.
The public health and welfare will be benefited by the 2016 Amendments.
4. It will be of public utility and benefit to amend the Declaratory Resolution and the
Plan for the Economic Development Area, as expanded by the Expansion Area, as provided in the
2016 Amendments and to continue to develop the Economic Development Area, as expanded by the
Expansion Area under the Act.
5. The accomplishment of the 2016 Plan Supplement for the Expansion Area will be a
public utility and benefit as measured by the attraction or retention ofpermatrent jobs, an increase in
the property tax base, improved diversity of the economic base and other similar public benefits.
6. The Declaratory Resolution and the Plan, as amended by this Resolution and the 2016
Plan Supplement, confonn to the comprehensive plan of development for the City.
7. The 2016 Amendments are reasonable and appropriate when considered in relation to
the Declaratory Resolution and Plan and the purposes of the Act.
8. The findings and determinations set forth in the Declaratory Resolution and the Plan
are hereby reaffirmed.
9. In support of the findings and detenninations set forth in Sections 1 through 7 above,
the Commission hereby adopts the specific findings set forth in the 2016 Plan Supplement.
10. The Commission does not at this time propose to acquire any specific parcel of land
or interests in land within the boundaries of the Expansion Area or the Sunrise 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 2016.Plan Supplement, under the Act will be followed,
including notice by publication to affected property owners and a public hearing.
11. The Commission finds that no residents of the Economic Development Area, as
amended by the Expansion Area, will be displaced by any project resulting from the 2016 Plan
Supplement, and therefore finds that it does not need to give consideration to transitional and
permanent provision for adequate housing for the residents.
12. The Expansion Area is hereby added to the Economic Development Area and is
designated as an "economic development area" under Section 41 of the Act.
13. The 2016 Amendments are hereby in all respects approved.
14. The entirety of the Expansion Area is hereby designated as an "allocation area"
pursuant to Section 39 of the Act to be known as the "Sunrise 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 1. 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
Sunrise Allocation Area hereby designated as the "Sunrise 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 June 15 of each year, the Commission shall
take the actions set forth in Section 39(b)(4) of the Act.
15. The foregoing allocation provision shall apply to all of the Sunrise Allocation Area.
The Commission hereby finds that the adoption of this allocation provision will result in new
property taxes in the Sunrise 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 Sunrise Allocation Area is January 1, 2016,
16. 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 Sunrise 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 Sunrise Allocation Area.
17. This Resolution, together with any supporting data, shall be submitted to the City of
Carmel 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.
18. The officers of the Commission are hereby authorized to make all filings necessary of-
desirable
rdesirable to carry out the purposes and intent of this Resolution.
19. The provisions of this Resolution shall be subject in all respects to die Act and any
amendments thereto.
Adopted the 16th day of November, 2016.
CITY OF CARMEL RED.EVELOPMF.NT
COMMISSION
dent
ice President
EXHIBIT A
Description of the Expansion Area and the Sunrise Allocation Area
The Expansion Area consists of the following parcels as depicted on the attached map, together
with any and all public rights of way that physically connect any of the described parcels to each
other and the existing Economic Development Area; the Expansion Area shall be added to the
Economic Development Area.
PARCEL ID NUMBER:
17-13-12-00-01-063.000
17-13-12-00-02-048.000
17-13-12-00-00-005.000
17-13-12-00-00-005.001
17-14-07-03-09-012.000
The Expansion.Area also includes the northern portion of 960' Street (from the centerline and
northward) from Haverstick Road to Westfield Boulevard.
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EXHIBIT B
2016 Plan Supplement
The Plan is hereby supplemented by adding the following projects to the Plan:
All or any portion the design, acquisition, construction, inspection and equipping of site
infrastructure, roadwork, creek improvements and other related improvements in the Expansion
Area, including but not limited to improvements along Westfield Boulevard, Evenstar Boulevard,
96`h Street and Ream Creek. The projects support an aparhnent development project in the
Economic Development Area and will drive additional opportunities for development to the
Expansion Area by providing increased access and better infrastructure. The estimated cost of these
improvements is $15,000,000.
Based on representations of the developer of the apartment project and expectations for
further development in the Expansion. Area, the Commission has determined that the development of
the Sunrise Allocation Area will not proceed as planned without the contribution of tax increment
revenues to be derived from the Sunrise Allocation Area to the projects described above.
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