HomeMy WebLinkAboutResolution 2018-12 (Motor Court West confirmatory resolution)RESOLUTION NO. 2018-12
RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION
CONFIRMING A RESOLUTION AMENDING THE DECLARATORY RESOLUTION
AND THE PLAN FOR THE CARMEL DOWNTOWN ECONOMIC DEVELOPMENT
AREA (EXPANSIONS OF MOTOR COURT WEST ALLOCATION AREA AND
CARMEL DOWNTOWN ALLOCATION AREA NO. 3)
WHEREAS, the City of Carmel Redevelopment Commission (the "Commission"), is the
governing body for the City of Carmel Redevelopment Department (the "Department"), pursuant
to Indiana Code 36-7-14, as amended (the "Act); and
WHEREAS, the Commission has previously adopted and confirmed resolutions, as
amended (collectively, the "Declaratory Resolution"), for the purpose of (a) establishing an
economic development area known as the "Carmel Downtown Economic Development Area"
(the "Economic Development Area"), pursuant to Sections 41 and 43 of the Act, (b) designating
certain portions thereof as separate allocation areas pursuant to Section 39 of the Act, one of
which is known as the "Motor Court West Allocation Area" (the "MCW Allocation Area"),
another of which is known as the "Motor Court East Allocation Area" (the "MCE Allocation
Area"), and another of which is known as the Carmel Downtown Allocation Area No. 3 (the
"Area 3 Allocation Area"), and (c) approving a development plan for the Economic
Development Area (the "Plan") pursuant to the Act; and
WHEREAS, on October 15, 2018, the Commission approved and adopted Resolution No.
2018-09 (the "Amending Resolution") which amended the Declaratory Resolution and the Plan
by (a) adopting a supplement to the Plan in the form attached as Exhibit A thereto (the "Plan
Supplement"), (b) dissolving the MCE Allocation Area, (c) expanding the boundaries of the
MCW Allocation Area as depicted in Exhibit B thereto (the "MCW Expansion Allocation
Area"), and (c) expanding the boundaries of the Area 3 Allocation Area into the portion of the
prior MCE Allocation Area that is not included in the MCW Expansion Allocation Area as
depicted in Exhibit B thereto (such area, the "Area 3 Expansion Allocation Area") (clauses (a),
(b) and (c), collectively, the "2018 Amendments"); and
WHEREAS, on October 16, 2018, the City of Carmel Plan Commission approved and
adopted a resolution (the "Plan Commission Order") approving the Amending Resolution and
the Plan Supplement and determining that the Amending Resolution and the Plan Supplement
conform to the plan of development for the City; and
WHEREAS, pursuant to Section 16 of the Act, the Common Council of the City on
November 5, 2018, adopted a resolution (the "Council Resolution") approving the Amending
Resolution, the Plan Commission Order and the Plan Supplement; and
WHEREAS, pursuant to Section 17 of the Act, the Commission caused to be published a
notice of public hearing with respect to the Amending Resolution and filed a copy of said notice
in the offices of all departments, bodies or officers of the City having to do with City planning,
variances from zoning ordinances, land use or the issuance of building permits; and
WHEREAS, pursuant to Section 17 of the Act, the Commission also filed with each
taxing unit located, wholly or partially within the MCW Expansion Allocation Area and/or the
Area 3 Expansion Allocation Area, a copy of the notice of public hearing and a statement
disclosing the impact of the allocation areas; and
WHEREAS, at the hearing held by the Commission on November 21, 2018, the
Commission heard all persons interested in the proceedings and considered written
remonstrances and objections, if any; and
WHEREAS, the Commission now desires to take final action determining the public
utility and benefit of the proposed development projects in the Plan Supplement and confirming
the Amending Resolution, in accordance with Section 17 of the Act.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Redevelopment
Commission, governing body of the City of Carmel Department of Redevelopment, as follows:
1. After considering the evidence presented at the public hearing held on the date
hereof, the Commission hereby confirms the findings and determinations, designations and
approving and adopting actions contained in the Amending Resolution.
2. The Commission hereby finds and determines that it will be of public utility and
benefit to proceed with the Original Plan, as modified by the Amending Resolution and the Plan
Supplement.
3. The Amending Resolution is hereby confirmed in all respects.
4. This Resolution constitutes final action, pursuant to Section 17(d) of the Act, by
the Commission determining the public utility and benefit of the proposed projects and
confirming the Amending Resolution.
5. The Secretary of the Commission is directed to record the final action taken by
the Commission pursuant to the requirements of Section 17(d) of the Act.
Adopted the 21St day of November, 2018.
DMS 13399929v]