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HomeMy WebLinkAboutCC-06-02-97-02 Penn St. EDARESOLUTION NO. 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. 4-1997 (the "Declaratory Resolution") on May 13, 1997, pursuant to Indiana Cede 36-7-14, as amended (the "Act"); and WHEREAS, the Declaratory Resolution found that certain areas in the City of Cannel, Indiana (the "City") designated as the "Pennsylvania SWeet North Ecaunic Development Area" and the "Pennsylvania Street South Economic Development Area" (collectively, the "Development Areas") are economic development areas under Section 41 of the Act, and approvexi the Economic Development Plan-Pennsylvania Street Corridor Economic Development Areas (the "Development Plan") for the Development Areas; and WHEREAS, the Carmel/Clay Plan Commission on May 20, 1997, adopted its Resolution No. 97-02 determining that the Declaratory Resolution and Plan conformed to the plan of development for the City of Carreel, 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 WHERFAS, Section 4 1 of the Act requires the legislative body of the City to approve the Commission's determination that the Development Areas are economic development areas; and WHEREAS, the Common Council of the City is the legislative bedy 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 Areas, and to approve the Commission's determination that the Development Areas are economic development areas. 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 detmmation of the Commission that the Development Areas are economic development areas 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. ing Officer ',, J es Guy ' · Bi~y~. Walker ATTEST: Diana L. Cordray, Clerk-Trea. s~er Presented by me to the Mayor of the City of Carmel, Indiana on the ~ day of CTu~e,-- ,1997· Diana L. Cordray,' (51erk-Treasure Approved by me, Mayor of the City of Cannel, Indiana, this/Y///Fday of %/t,,#ta --- ,1997. e B ar, AT~ ~/l;~ Diana L. Cordray, Cle RESOLUTION NO. ~ 7- ~ ~ RESOLUTION OF THE CARMEL/CLAY PLAN COMMISSION DETERMINING THAT A DECLARATORY RESOLUTION AND A DEVELOPMENT PLAN APPROVED AND ADOFrED BY THE CITY OF CARMEL lIEDEVELOPMENT COMMISSION CONFORM TO THE PLAN OF DEVELOPMENT FOR THE CITY OF CARMEL AND APPROVING THE RESOLUTION AND PLAN WHEREAS, the Cannel/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 WHBKfAS, the City of Cannel Rcdevelopment Commission (the "Commission"), on May 13, 1997, approved and adopted its Resolution No. 4-1997 entitled "Resolution of the City of Carreel Redevelopment Commission Declaring an Area in the City of Carreel as Economic Development Areas and Appmving a Development Plan for Said Areas" (the "Declaratory Resolution"); and WHEREAS, the Declaratory Resolution finds and determines that certain areas in the City designated as th~" Pera~ylvm Str~et North Economic Development Area" and the "Pennsylvania Street South Economio Development Area" (collectively, the "Areas") arc economic development areas within the meaning of Indiana Cod~ 36-7-14, as mended (the "Act"), and approves the Economic Development Plan - Pennsylvartia Street Corndot Economic Development Areas (the "Plan"); and WHEREAS, the Commission has submitted the Declaratory Resolution and the Plan to the Plan Commi~on for approval pursuant to the provisions of Section 16 of the Act, which Declaratory Resolution and Plan ar~ attached hereto and made a pan hereof; and WHZEKEAS, m determining the location and extent of the Areas, the Plan Commission has determined that no residents of the City of Cannel will be displaced by the proposed development thereof; and WttliREAS, the Plan Commission has re~riewed the Declaratory. Resolution and the Plan and determined that they conform to the plan of development for the City., and now desires to approve the Declaratory Resolution and the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CARMEL/CLAY PLAN COMMISSION, THAT: I. The Plan Commission hereby. finds and detmmnes that the Declaratory Resolution and the Plan conform to the plan of development for the City.. 2. The Declaratory Resolution and the Plan am hereby approved. 3. This Resolution herebv constitutes the written order of the Plan Commission approving the Declaratory. Resolution and the Plan pursuant to SecUon 16 of the Act. 4. The Secretary is hereby directed to file a copy of the Declaratory Resolution and the Plan with the minutes of this meeting. SO RESOLVED BY THE CARMEL/CLAY PLAN COMMISSION this 2-0 day of ,A//,c/ CARMEL/CLAY PLAN COMMISSION , t997. ATTEST: INDS01 ~.DD 2024~ -2- R/,SOLIJTION OF THE CITY OF CARMEL REDEVELOPMFaNT COMMISSION DECLARING AN AREA IN THE CITY OF CARMEL AS ECONOMIC DEVELOPMENT ARF.,A~ AND APPROVING A DEVELOPMENT PLAN FOR SAID AREAS WI-iELE~S, the ~stinS publi~ infrastracnn~ is iaadeq,,~r,, to s=Yic= anticipated de, n,,n~ in or near each of the Economic Development Areas; and WttHKEAS, the Comrm~on has cmw,rt to be pr~ared maps and plats showing the botmdaries of ~ o/the ~:conomic Development Areas, ~ locanon of various pmnc~ at' propertT, streets, alleys, and other features ~i~,^4;,,g the acquisition, clearance, repiatting, r~planning, zr, oving, or redevelopmerit of eac. h of the Economic Developah~t Arus, and thc pans of ~¢h of th~ Economic IX-vctopment Areas acquired that are to bc d~voted to public ways and othcr public ~ under the Plan (as hcr~,,~cr ticfreed), lists of the owners of the venous paxt. cts of propen'y to be acquired. and an estimate of the con of thc acqumUon and r~:fcvctopmenr.; and W'r:iEREAS, tha~ has be~n t~-~e~ to this ,ne~ti~g for ~i~Uon ~d ap~ of ~c Common a d~etop~ pl~ for P~lv~ S~ ~md~ ~~c ~clo~ ~" ( ~ it ~pli~ to c~ of ~c E~no~c ~etopm=t ~ ~c "Pl~"); ~d Vv'HIEKrnAS, the Plan and supporting dam was reviewed and consider~ a this me~-tin~, and WHEREAS, Sections 41 and 43 of the Act have been cn:ated to pmmt the ~on of "economic develoy,n,,at areas" ~c[ to provid~ th~r ~ of the rights, powers. pnvil~es and immumUes thax may be ex~'cised by this Carxn'ass~n in a redevelo.ort~t ~.'-~ or ur0an nm~ area may be ex~rcised in an economic development area, subject to the conditions set forth iz the Act; and ~, the Cormmssion deems it advisable to al~ply the provisions of said Secuons ~, 1 and 4 3 of th~ Act to the Plaxt NOW, THEREFORE. BE IT .:LESOLVED by the City of Cannel R~telopment Commission. governing body of City. of Cartnci DeScent of Rcd~tetopment, as follows: 1. '["he Plan for uch of the Economic Devdopm~nt ,~eas promotes signifier opportumUes for the !~infi,i ~npl.oymcnt of its citizm~. attracts major new business enterpnses to ~¢ City, r~tains or expands a ~igtnficnnt business entefpnse ~xistmg m the boundaries of the City, and meets other purposes of Secuons 2.j. -t [ and -t3 of the AcL including vnthout iirmtatxon benefitrag public health. safety and weifare. mcrustng the ~,onomic well brag of the City. and the Stare of Indiana (the "Stare"), and sm'vmg to protea and ma=ue pro~,~.cy values in the Civ/and the Stare. 2. The Plan for ~.h of the ~onomic Development Areas cannot be acheveal by regulatory ~oc~sscs or by The ordinary operaUon of pnvare :nrerpnse without resort to the powers allowed under Sectlons 2j, 41 and 43 of the Act because of lac~ of local public improvement u-xistenc~ of improvements or condiUons that lower thc value of the land below that of nrarby land, multiptc ownership of land, and other sUntlar conditions, including without limitanon the cost of thc proj~ contemplated by thc Plan and the necessiW for requiring the proper use of land so as to best serve the interests of the City and its citize~q. 3. The public hcalffi and welfare will bc bentfired by accomplishment of thc Plan for each of the ~:conornic Dcvelop~ Areas, 4. The ao,'on~liShrr~t Of the Plan for each of the Economic ~elopm~t ~ ~ be a pubtic ~ ~ b~t ~ ~ ~ ~ ~on ~ ~U~ of ~~t jo~ m ~ m ~ pm~ ~ ~ b~ ~p~vN ~v~iW of ~ ~no~c bMc ~d o~ s~ pub~c b~. 5. The Plan for each of the Economic Development Areas conforms to other development and redcvelopment plans for the City. 6. In support of the findings and dctcrnfinanons set forth in Sections t ttn'magfi 5 above, the Commission hcr~-by adopts the specific findings set forth in the Plan. T. While the Plan c~,lu.~nplares some eventual propaty acquisitio~ the Dcparancnt does not at this time propose to acqui~ any land or interests in land within the boundaries of clthcr of m ~vonomic Development ,au~cas. At the time the Dcparancnt proposes to acquire specific parcels of land, the required procedures tbr amending the Plan under the Act will be rblloweck including nonca: by publication, nonca to affix'ted property owners and a public hearing. g. The Plan is hcrcb.v in all r~spccts approvcck and the sccrctax~ of the Commigsion is hereby. ditoct~ to fflc a ~ copy. of the Plan with thc mmures of ~ mcctmg~ Each of thc Economic Development Areas is herc0y, ciesign~-d. dcctared and dcrn-mmcd to be an "~,onormc development arra" under Section 4 1 of the Act, e TI~ lxtmsions of this Resoluncn shall be subject in all res~cets to the Act and any amendments lO. ThisRtsolunon, togmerwlthany~~.-:gdataandtogmerwiththaPlan, shallbcsubmitm to ttg City. of Carreel Plan C.,ommicsian (tl~ "Plan Cmmisslon") and tl~ Common Council of tha City of Carreel (the "Coau~ou Council") a~ provided in the Act, and if a.oproved by the Plan Commission and the Common Counc~ shall be subtram to a public hc=xng and rcmonsu'ancc as provided by thc Ack after public nonce as required by the Act. Adopt~ thi~ ,,~~)Xy of ,t997. 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