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HomeMy WebLinkAboutCC-06-02-97-01 Hazel Dell EDARESOLUTION NO. RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL APPROVING THE DECLARATORY RESOLUTION AND DEVELOPMENT PLAN APPROVED AND ADOFrED BY THE CITY OF CARMEL REDEVELOPMENT COMMISSION AND BY THE CARMEL/CLAY PLAN COMMISSION WHEREAS, the City of Carreel Redevelopmerit Commission (the "Redevelopment Commission") adopted its Resolution No. 3-1997 (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 certain areas in the City of Cannel, Indiana (the "City") designated as the "Plum Creek/Hazeldell Parkway Economic Development Area" and the "96th Streetatazeldell Parkway Economic Development Area" (collectively, the "Development Areas") are economic development areas under Section 41 of the Act, and approved the Economic Development Plan-Hazeldell Parkway Economic Development Areas (the "Development Plan") for the Development Areas; and WHEREAS, the Cannel/Clay Plan Commission on May 20, 1997, adopted its Resolution No. 97-01 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 WHEREAS, Section 41 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 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 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 determination 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 utter its adoption by the Common Council in the manner provided by law. day PASSE by the Common Council of the ity of Carmel, I diana this of ~M' 1997 by a vote of fl ayes and E nays. sd:/ ~-~ M(~~~TCIL FOR THE CITY OF) · ing Officer ,~ .[ ~ 5?_-,ffi< irby, Robe Battreall ATTEST: Diana L. Cordray,'Ct~k-T~~r Prese d by me to the Mayor of the City of Carmel, Indiana on the ~~ day of ~, 1997. :ler~ Diana L. Cordray, C Approved by me, Mayor of the City of Carmel, Indiana, this ~day of ~, ff ,1997. ~ J?~es Brmnard, Mayor ATTEST: Diana L. Cordray, Cle RESOLUTION OF THE CARMEL/CLAY PLAN COMMISSION DETERMINING THAT A DECLARATORY RESOLUTION AND A DEVELOPMENT PLAN APPROVED AND ADOPTED BY TiE CITY OF CARMEL KEDEVELOPMENT COMMISSION CONFORM TO THE PLAN OF DEVELOPMENT FOR THE CITY OF CARMEL AND APPROVING THE RESOLUTION AND PLAN WI-IBR.E~.S, the Cannel/Clay Plan Commission (the "Plan Commission"), is the body charged with the duty of d~veloping a general plan of development for City of Cannel, Indiana (the "City"); and WI-tB~S, the City of Cannel Redevelopment Commission (the "Commission"), on May 13, 1997, approved and adopted its Rtsolution No. 3-1997 entit/ed "Resolution of the City of Cannel Redevelopment Commission Declaring an Area in the City of Cannel as Economic Development Areas and Approving a Development Plan for Said Areas" (the "Declaratory Resolution"); and WKEREAS, the Declaratory Resolution finds and determines that certain areas in the City designated as the "Plum Creek/Hazeldetl Parkway Economic Development Area" and the "96th StreetYHazeldell Parkway Economic Development Area" (collectively, the "Areas") are economic development areas within the meaning of indiana Code 36-7-14, as mended (the "Act"), and approves the Economic Development Plan- Hazeldell Parkway Economic Development Areas (the "Plan"); and WHEREAS, the Commission has submitted the Declaratory Resolution and the Plan to the Plan Commission for approval pursuant to the provisions of Section 16 of the Act, which Declaratory Resolution and Plan are attached hereto and made a part hereof; and ~S, in de~g 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 ~~.S, the Plan Commission has reviewed the Declanmry. 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 1T RESOLVED BY THE C~CLAY PLAN COMMISSION, THAT: I. The Plan Commission hereby finds and detErnines that the Declaratory Resolution and the Plan conform to the plan of development for the City. 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 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 CAKMEUCLAY PLAN COMMISSION this ,2~ day of///// CAKMEI,/CLAY PLAN COMMISSION · 1997. President ATTEST: IND~QI II~D 2024:5'~ -2- RESOLUTION OF THE CITY OF CARMEL REDEVELOPMINT COMMISSION DECLARING AN AREA IN THE CITY OF CARMEL AS ECONOMIC DEVELOP,wIF~NT .MiXAS AND A2PROVING A DEVELOPMENT PLAN FOR SAID AREAS ~S, the City of Cannel Redevelopment Commission (the "Commission"), governing body of th~ City of Carmet Departmeat of Redavelopmeat (the "Depmeat"), punuaat to rnctiana Cod~ 36-7-14, as ~ (the "Act"), has thoroughly stucti~ that areas of thc City of Camel, Indiana (th~ "City"), as clesenbed ~nExhibit A-t and Exhibit A-2 ,~tt,ebed lgtm anti desi~,~t~ as the "Plum Creek/Ha~deA1 Parkway Economic Ik'velopau~ Area" and the "9~th Stm/Ha~idetl Park-way and the Fxatomi¢ Development Area" (collectively, the "F.t, onomic Developmint Areas"); and x,I/l'{liXEA~, the existing public ini'astruenlre is in,c0eqtmte to sayice anticipated demand in or near each of the Economic Development Areas; and WHEREAS, the Cowmission has em,sed to be prepared maps and plats showing the boundaries of each of the F.r. amtmmie Development Areas, the locaUon of various p~els of property, streets, alleys, and other futures affecting the acquamon, ete~'ane~ replatnng, replannmg, rezonmg, or redevelopmerit of _~_eh of the Economic E)evet~ Areas, and the parts of each of the Economic Devctolamcht Areas acquired that are to be devoted to public ways and other public ptwpcms xamer th~ Plan (as heronalter define), lists of the owners of the various panels of property. to be acqun'ed, and an ~amate of the cost of the aoqumtion and redevelopment; and WHEREAS, ~ has been ptes~art~ to this mee,ing for consideration and ~proval of the Commission a develot~t~.~,t plan tbr ~e Economic Development Areas and ¢nti~i "Economic Development Plan-Hazeldell Parkway Economic Development .~as" (as it appfies to ¢ac.h of the Economic Development Areas, the "Plan"); and WlffEREAS, the Plan and supporting dam was reviewed and considemi at this re=ling; and V,/H"EiL'~.AS. Sections 41 and 43 of ~c Act have been crated to permit the ca'eation of "~xmormc developme~ areas" and to provid~ that all of the nghts, powers, privileges and immureties that may. be exerclsed by this CcmmUmon in a recievel~,aa~.~t area a' urban renewal area may. be aercised in an ~,onomic development ~ subject to the ~onctiUons set forth in the Act; and WI-IERF. AS, ~ Cotmmssion deems it ativisuble to apply ~e provisions of said Secuons ,t I and ',t3 of the Aa to the Plan. NOW, THEREFORE. BE IT ,RESOLVED by the City of Carreel R. edevetopment Cotrrm'ssion. governing body of Ci.ty of Cannel Departmere of Redevelopment. as follows: I. L'he ?fan for each of the Econormc Development Atlas promotes significant oppommmes for gainful employment of its e:tizn~, attracts ma!or new business enterlmses to the City., retains or expands a sig~i~nt business enterl3nse ~istmg in the boundaries of the City., and meets other purposes of S~.,"tions 2.5, and 43 Of the Act. inctudmg without limatauon benefitrag public health. safety. and welfare. metcasing the ~conomic well being of the City and the State of Indiana (the "State"), and scrvtng to promet and in~case property, values m the City. and the Smm. 2. The Plan for each of th= Economic Ik-vetopmcnt Areos cannot be ac~cved by regulatory pFA~ or by the ordinmy. operanon of pnvam =nmrpns~ w~thou~ resort to th~ powers ailowe~ under Sections 2.5, 41 and 43 of the Ac~ beerose of lack of local public Lmprov~nent. ~xistence of improverr,-~ or condi~ons that lower the value of the land below that of nearby land, multiple ownership of land, and other similar conditions, including without linUtation the cost of the pmiccts contemplated by the Plan and the ncccssiW for requinng the proper use of land so as to best serve the interests of the City and its citizens. 3. The pubtic health and welfare will be bcnc~ted by ~cc/>,,,!,tish, qent of the Plan for each of the F, con~c Development Areas. 4. The accoa,lptisJqme, rtt Of the Plan for each of ~he Econo~c Development Areas will be a public utility and bendit as measured by th= aanction or ret=nUon of pcrm~vent jobs, an mcrcuc mth= property, tax base, improved diversity of the economic base and other sUnliar public benefits. 5. The Plan for each of the Economic D~ctopmcnt Areas conforms to other development and redevelopmerit plans for the City. 5. In support of the findings and determinations set forth in Sections I through 5 above, the Commission hereby adopts the spcafic findings set forth in the Plan. 7. While the Plan contemplates some eventual propcft'y acquisiUon, the Dcpment does not at this time propose to acqtUrc any land or intcrcsu in land within the boundaries of cithcr of the Econonnc Development Areas. At the time the De~arumnt proposes to acquXre speafic parcels of land. the required procedures for amending the Plan under the Act will be followed, including noucc by publicanon, noUce to ~ff'~ct~ propmy owncrs and a public hearing. g. The Plan is hereby. in all respects approvcd, and the sccrctm'y of the Comrmssion is hereby ~ to ~Ic a ccrU~ed copy of thc Plan with thc mmutcs of this mcctmg. Each of thc Economic Development Arns is hcrcby desi~,nte4, declared and determined to bc an "~,ononUc dcvctopmcnt ar~" under SecUon ~ t of Act. , Thc provisiom of this Resolunon shall be subj~ m all rcspccts to the Act and any. amendments t O. This R.csolutm. togtruer with any. s'ttpport~ ¢.+..,,rn_ and togct~ with m Plan. shall bc s~nnttcd to dg City of Cannet Plan Cornminion (the "Plan CormUmon") and m Common Council of the City of Carreef (the "Common Courted") as. provided in the AcL and if ~proved by the Plan Commisswn and the Common Councal shall be submitted to a public hcanng and rcmomce as provKicd by the Act, required by Adopted this/,.~... day of ~7~L j 1997. CITY OF CARME, REDEVELOPMENT COMMISSION Exhibit A-l_ P~UM CaLEX/H'.4ZLLDEL:. E-tLw~'.4Y ~'CONO,sHC DZrz~o~,.s~f. lvr.4a,Z4: Th~ Following chss~ption of th~ Plum Cre~tc,'Haz~tde, ll Paxicway E~onomic D~v~tolxnenr ?u~= was rake, n from th~ "Land Dt, scriprion" on rh~ d~v~toper's plat which was subrnirred ro rh~ City of Carm~t as parr of zoning approval process. The, comm~ial land is descwibect as follows: "Parr of the, Northeast Quarter of Section 2S in Township l S North, Range 4 East in Hamilton CounW, rndians, des~be-d as follows: Be~,~ning al: the Southeast comer of said Northeast Quarter. thence North 00. de,s~ c~s, 20 mmu:es 43 seconds East (,ss, trned bearing) along the East line, of said Northeast Quarter ~ distance of I376.66 feet:; thence North 89 d~-~ 55 minutes 53 seconds x}'est a distanc,~= of 287.43 fet,~; thence South 00 d,~e~acs 20 minutes 43 seconds West, parallel with the east line, of said Northeast Quarter, a distance of 561.00 f'~r... thence North 77 de-scc~ 52 minutes 47 ge.~onds West a distance of' 298_33 Feet, thence South 00 des~s 20 minul:es 43 see, onds V~'est, parallel with the ~st line of said N'orth~sr Quarter. · distance of 874..50 f~et ro the south line of said Northeast Quan~, thence South 89 d~--~wee. s 35 minutes. 24 seconds East along said south line a distanc.~ of 579.48 l:~et to the Beginning Point containing 1.dP.7'38 axlru, mor~ or less." Exhibit A-!