HomeMy WebLinkAboutCC-06-02-97-03 Old Town EDARESOLtrrION NO. CL-G[o -C3' x4
RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF CARMEL AlPROVING THE DECLARATORY
RESOLUTION AND DEVELOPMENT PLAN AlPROVED AND ADOPTED
BY THE CITY OF CARMEL REDEVELOPMENT COMMISSION
AND BY THE CARMEL/CLAY PLAN COMMISSION
WHEREAS, the City of Carmel Redevelopment Commission (the "Redevelopment Commission")
adopted its Resolution No. 5-1997 (the "Declaratory Resolution ") on May 13, 1997, pursuant to Indiana Code
36-7-14, as amended (the "Act"); and
WHEREAS, the Declaratory Resolution found that a certain area in the City of Cannel, Indiana (the
"City") designated as the "Old Town Etmomic Development Area" (the "Development Area") was an economic
development area under Section 41 of the Act, and approved the Economic Development Plan-Old Town/ 1 26th
Street Economic Development Areas (the "Development Plan") for the Development Area; and
WHEREAS, the Cannel/Clay Plan Commission on May 20, 1997, adopted its Resolution No. 97-03
determining that the Declaratory Resolution and Plan conformed to the plan of development for the City of
Carmel, approving the Declaratory Resolution and Development Plan, and designating such resolution as the
written order of the Plan Commission approving the Declaratory Resolution and the Development Plan 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 Plan Commission
Order is approved by the legislative body of the City; and
WHEREAS, Section 41 ofthe Act requires the legislative body of the City to approve the Commission's
determination that the Development Area is an economic development area; and
WHEREAS, the Common Council of the City is the legislative body of the City and now desires to
approve the Plan Commission Order in order to permit the Commission to proceed with the development of the
Development Area, and to approve the Commission's determination that the Development Area is an economic
development area.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
CARMEL as follows:
1. The Plan Commission Order attached hereto is hereby approved.
2. The determination of the Commission that the Development Area is an economic development
area is hereby approved.
3. This Resolution shall be in full force and effect from and after its adoption by the Common
Council in the manner provided by law.
a u " . Ro!:~ert'b!~ ~ .... ~
J ldE. C rt BI . a er '
lk
ATTEST:
Diana L. Cordray, Cier~
Presented by me to the Mayor of the City of Carmel, Indiana on the day
of ,Jttt~p_- ,1997.
Diana L. Cordray, Clerk-Treasurer
Approved by me, Mayor of the City of Cannel, Indiana, this ay of
vtq'/,t(~ ,, ,1997.
ard May
ATTEST:
Diana L. Cordray, Clerk-Treas~
RESOLUTION OF THE CARMEL/CLAY PLAN
COMMISSION DETERMINING THAT A DECLARATORY
RESOLUTION AND A DEVELOPMENT PLAN APPROVED AND
ADOPTED BY THE CITY OF CAKMEL KEDEVELOPMENT
COMMISSION CONFORM TO THE PLAN OF DEVELOPMENT FOR THE
CITY OF CARMEL AND APPROVING THE RESOLUTION AND PLAN
WHEREA3, the Cormel/Clay Plan Commission (the "Plan Commission"), is the body charged with the
duty of developing a general plan of development for City of Cannel, Indiana (the "City"); and
WHEREAS, the City of Carreel Redevelopment Commission (the "Commission"), on May 13, 1997,
approved and adopted its Resolution No. 5-1997 entitled "Resolution of the City of Carreel Kedcvelopmcnt
Commission Declaring an Area in the City of Cormel as an Economic Development Area and Approving a
Development Plan for Said Ar~" (the "Declaratory Resolution"); and
WHtR,EAS, the Declaratory Resolution finds and determines that a certain area in the City designated
as the "Old Town Economic Development Area" (the "Area") is an economic development area within the
rne~ming of Indiana Code 3{5-7-14, as amended (the "Act"), and approves the Economic Development Plan - Old
Towu/12{sth Street Corndot Economic Development Areas (the "Plan"); and
WHEREAS, the Commission has submitted the Declaratory, Resolution and the Plan to the Plan
Corrv~i~sion for approval pursuant to the provisions of Section 16 of the Act, which Declaratory Resolution and
Plan arc attached hemto and made a part hereof; and
WHEREAS, m determining the location and extent of the Area, the Plan Commission has determined
that no residents of the City. of Carreel will be displaced bv the proposed development thereof; and
WHEREAS, the Plan Commission has reviewed the Declaratory, Resolution and the Plan and determined
that they conform to the plan of development for the Ciky, and now desires to approve the Declaratory KesoluUon
and the Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CARMEUCLAY PLAN COMMISSION, THAT:
1. The Plan Commission hereby. finds and determines that the Declaratory Resolution and the Plan
conform to the plan of development for the Citv.
2. The Declaratory Resolution and the Plan are hereby approved.
3. This Resolution hereby constitutes the written order of the Plan Commission approving the
Declaratory Resolution and the Plan pursuant to Section t6 of the Act.
4. The S~ is hereby dir~ted to ~I¢ a copy of the Declaratory Resolution and the Plan with
the minutes of this meeting.
SO RESOLVED BY THE CARMEUCLAY PLAN COMMISSION this ;o day of/-//x/p/
CAKMEL/CLAY PLAN COMMISSION
,1997.
'President
ATTEST:
-2-
8_.- / q 7
RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT
COMMISSION DECLARING AN AREA IN THE CITY OF CARMEL AS
AN ECONOMIC DEVELOPMENT AREA AND APPROVING
A DEVELOPMENT PLAN FOR SAID AREA
Vv'K~F, AS, r,hc CiW of Cazzn~ Kedrvelopment Commission (the "Commission"), governmS body of
the CiW of Carmet Deparunent of Redgvelopment (the "Depatnnent"), pursuant to indiana Code 36-7-t4, as
~mer~e,t (the "Act"), has thoroughiV studi~ that ar~a of the City of Carreel, Indiana (tim "City"), as described
on Exhibit A artached hen~-m and de~si~sted as ~e "Old Town l:c, onomic Development Area" (the "Economic
Development Area"); and
WHEREAS, the histinS public i~astnzn~ is inadequate to servic~ anticipated aernsnd in or near the
Economic Development Area:, and
WHEREAS, d~e Commission has ca,,sed to be prepared maps and plats showing the boundaries of th=
~conomic D~elopm~nt A~a, the location of various parcels of property, sn'ee~, atlas, and othe~ feann'~
a/i'ecUng the acquismon, ctearan~, re~lauing, r~lannm~, rezonm~, or redevelopmerit of the Economic
Development Am, and the parts of the Economic Development Area acquired that are to be d~ote~ to public
ways and other public pu, ~:~s under the Plm ( as heremath= defined), lists of the owners of the venous parc~
of property to bc acquir~ and an esUmam of the cost of the acquisition and r~tevetopmenU and
WHEKFJ. S, ther~ has been prese~ to this moo ;.,g ~or consideraUon and approval of the Commission
a dgvei~u,,,g plan (the "Plan") forthe Fx~n3rrnc Deveiopmen~ Area and enUd~d. "E~nonnc Development Plan-
Old Town/I26th Street Corridor Economic Development Areas";
~~,S, Lhe Plan and supporUng dam was reviewed and considered at this meeUn~, and
WHEKEAS, Sections 41 and 43 of the Act have been created to perm/t the creation of "economic
developa~c:,~ areas" and to provide that all of the nghts, powers, privileges and immumUcs that may. be ex~r~:ised
by this Commlsmon in a redgveopnk, K area or urban renewal area may. be aerclsed in an ~.xmomic development
ar~ ,. subject to the condiUons set forth in the Act; and
WHEREAS, Use Commission deems it advisable to apply the provisions of sad Sections 4 1 anti a, 3 of
Act to the Plazt
NOW, THEKEFORE, BE IT RESOLVED by ~he CiW of Cartrid l~ievetopment Cornmi-~slon.
~vetning body. of City of Carrnrl Del~arunent of Ralevetopment. as follows:
I. Th= Plan I~ rJ~ ~ Dc~op, nca~t Ar~ promorgs si~c~t oppo~U~ ibr ~c g~
~l~t of i~ ci~, a~ mlor n~ b~m~s ~ns~ m ~e CiW, ~ or ~=~ a sight
~~s ~nse ~s~g m ~e bo~~ of ~e CiW, ~d m~ om~ p~os~ of S~Uo~ 2.5, ~ 1 ~d ~3
of~ A~ ~~g ~o~ ~~ ~~g public h~ s~eW ~d wefts, m~mg ~e ~no~c well
~ Of~ Ci~ ~d ~ S~ of~~ (~e "S~"), ~d se~lng to prot~ ~d ~~e proO~ valu~ m me
CiW ~d ~e State.
2. The Plan for the Economic lDevelopmcnt Area cannot bc achieved by regulators/processes or
by the ordinary operaUon of private enterprise without resort to thc powers allowed under SecUons ;!.5, 4 1 and
43 of the Act because of lack of local public improvement. ~istcncc of improvements or conditions that lower
the value of the ~ below tj~at of 5mrt~. land, mutl~le owncmhip of land. and other similar conditions, mciudin~
without H-,t.,ion the cost of the projects conm~lated by the Plan and the necessity for requimg the proper use
of land so as to best serve the ~ of the City and its aXUzens.
3. The pubtic health ~sd welfare will be bendit=t by ~cowt~pi/shxnent of the Plan for thc Economic
Devdo men Arm.
5. The Plan for the l%or~rmc Development Area conforms to other development and.
redcvelopmcnt plans for the City.
6. In support of the findings and determinations sct forth in Sections I through 5 above, the
Co,nmi,~sion hereby adopu the specific findings set forth in the Plan.
7. While the Plan contemplates some eventual property ar. quisition, the Deparunent does not at
this tiznc propose to acqtnm any land or interests in land within the boundaries of the Development Area. At the
xm~e the Dr4,a ad,.d. proposes to x. quire speaiic pro'eels offand, the reqmred proc=hu'es for ,m,mai,.g the ~lan
under the Act will bc followed. including noUcc by pubficanon. noUcc to affected p~otx-,ty' owuc~ and a public
hearing.
The Plan is hcre~. in all respects approvecL and the secretary of the Corr~ission is hereby
direcn~ to file a ecrUfled copy of the Plan with the ramurns of this mccUng. The Economic Developmint Area
is hereby desi~p~tcd, dcct~ and dctcrmmed to be an "~conomic development arca" under 3cction 4 1 of the Act
,
Thc provisions of this Rcsolunon shall be subject in all respects to thc Act and any. amcndmcnts
I0. Th~Rc~uu~u~tog~dmcrwithanYst~`~x~u~gd~andt~g~hc~with~h~P~u.shai~bcsubmiv~cd
to the City of Carrod Plau Conmm, issiou (the "Rau Commissiou'D and tJ~ Corm'non Council of the City of Caramel
(the "Common Cc, mcil") as provided Lu the Act. and if approved by the Plan Commissxon and the Common
Co, mcil shall be s~;~rmacd to a public hcanng and remonstrance as provided by the Act, ~fter public noucc as
required by the Act
Exhibit A
2~Z O~ TOwN ECONO;,aC DEF~ZOP.~T
~m ~on~ Syivm Line m .~~cn Drip, m~ ~nmu~ :ore ~ong
w~ ~~ :orbed b~cnd Au~on D~ve
~e b~~ ~ w~ ~o~ 136~ S~ ~ lsz Av~e N.W.,
~m sore ~ong 1~ Ave N.W. ~ 5m S~ N.W.,
w~ ~ong 5~ S~ N.W. ~ ~ai.g beyond 5~ S~ N.W.,
pz L~ D~ ~ M~w Lint mm sm aong M~w Lint
~ S~ m Yo~ D~e; ~m ~~,i.g sou~ on Yo~ D~e
~~~t of gm~on ~ ~d ~~g p~ ~~on ~ ~ 3rd
Av~e S.W., m~ s~ ~on~ 3M Ave S.W.
..'NDSOI Z.~.[ ms&aT