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HomeMy WebLinkAboutResolution 2021-22 (Firehouse expansion Declaratory)RESOLUTION NO.2021-22 RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMNIISSION AMENDING THE DECLARATORY RESOLUTION AND THE DEVELOPMENT PLAN FOR THE CITY CENTER REDEVELOPMENT 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 a redevelopment area pursuant to Section 15 of the Act known as the "City Center Redevelopment Area" (the "Redevelopment Area"), designated certain portions thereof as allocation areas pursuant to Section 39 of the Act, one of which is known as the Firehouse Allocation Area (the "Firehouse Allocation Area") and approved a redevelopment plan for the Redevelopment Area, which plan has subsequently been incorporated into and replaced by an Integrated Economic Development Plan & Amended Redevelopment Plan which applies to the Redevelopment Area (the "Plan") pursuant to the Act; and WHEREAS, the Commission now desires to amend the Declaratory Resolution and Plan to add the parcel described on Exhibit A attached hereto to the existing Firehouse Allocation Area (the "Firehouse Expansion Area") (such amendment, the "2021 Firehouse Amendment"); and WHEREAS, the 2021 Firehouse Amendment and supporting data were reviewed and considered at this meeting; and WHEREAS, Sections 15, 16, and 17 of the Act have been created to permit the creation of "redevelopment project areas", and to provide that this Commission may exercise certain rights, powers, privileges and immunities in a redevelopment project 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 15, 165 17, and 39 of the Act to the 2021 Firehouse Amendment; and WHEREAS, the Commission now desires to approve the 2021 Firehouse Amendment. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Redevelopment Commission, governing body of the City of Carmel Redevelopment District, as follows: 1. The Commission hereby reaffirms its findings that the Redevelopment Area, including the Firehouse Expansion Area, is an "area needing redevelopment" within the meaning of Section 15 of the Act, because it is an area in which normal development and occupancy are undesirable or impossible because of the lack of development, the cessation of growth and the deterioration of improvements in the Redevelopment Area; the character of occupancy, age, and obsolescence of property in the Redevelopment Area; the substandard condition of buildings in the Redevelopment Area; and other factors that impair values or prevent a normal use or development of property in the Redevelopment Area. 2. The Plan for the Redevelopment Area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed under the Act because of lack of development, cessation of growth, deteriorating improvements, age and the substandard condition of buildings in the Redevelopment Area. 3. The public health and welfare will be benefited by the 2021 Firehouse Amendment. 4. It will be of public utility and benefit to amend the Declaratory Resolution for the Redevelopment Area, as provided in the 2021 Firehouse Amendment and to continue to develop the Redevelopment Area, including the Firehouse Expansion Area under the Act. 5. The accomplishment of the Plan, including as applied to the Firehouse Expansion Area, will be a public utility and benefit as measured by the attraction or retention of permanent jobs, an increase in the property tax base, improved diversity of the economic base and other similar public benefits. 6. The Declaratory Resolution, as amended by this Resolution, and the Plan conform to the comprehensive plan of development for the City of Carmel, Indiana (the "City"). 7. The 2021 Firehouse Amendment is 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 and applied with respect to the Firehouse Expansion Area. 9. In support of the findings and determinations set forth in Sections 1 through 7 above, the Commission hereby adopts the specific findings set forth in the Plan to be applicable to the Firehouse Expansion Area. 10. The Commission does not at this time propose to acquire any additional parcels of land or interests in land within the boundaries of the Firehouse Expansion Area. If at any time the Commission proposes to acquire specific parcels of land, the required procedures for amending the Plan 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 Redevelopment Area will be displaced by any project resulting from the 2021 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 2021 Firehouse Amendment is hereby in all respects approved. 13. The area described in Exhibit A is hereby added to the Firehouse Allocation Area pursuant to Section 39 of the Act, to be known as the "Firehouse Expansion 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 I.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 Firehouse Expansion Area hereby designated as the "Firehouse 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. 14. The foregoing allocation provision shall apply to the Firehouse Expansion Area. The Commission hereby finds that the adoption of this allocation provision will result in new property taxes in the Firehouse Expansion Area that would not have been generated but for the adoption of the allocation provision, as specifically evidenced by consultation with and representations of the developer of the projects identified in the Plan that such projects would not proceed as planned without the adoption of the allocation provisions. The base assessment date for the Firehouse Expansion Area is January 1, 2021; provided, the base assessment date for the existing Firehouse Allocation Area shall not be amended as the result of this Resolution. 15. 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 Firehouse Expansion 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 Firehouse Expansion Area. 16. 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. 17. The officers of the Commission are hereby authorized to make all filings necessary or desirable to carry out the purposes and intent of this Resolution. 18. The provisions of this Resolution shall be subject in all respects to the Act and any amendments thereto. Adopted the 20th day of October, 2021. CITY OF CARMEL REDEVELOPMENT COMMISSION i President l I I ' 0j 31p�' Vice President Member EXHIBIT A Description of the Firehouse Expansion Area The parcel listed below, together with any and all public rights of way that physically connect the parcel to the Firehouse Allocation Area, as depicted on the map attached hereto shall be added to the Firehouse Allocation Area: Parcel No: 16-09-3 6-00-00-009.000. Firehouse allocation area expansion October 5, 2021 1:840 0 0.01 0.01 0.02 mf Parcels Other 2021 Photography ® Blue: Blue [.. .T. ' . ' .T 0 0.01 0,01 0.03 km Streets �a City Boundary Red: Red f-ri, HERE, Cromin, IN:P.EMENT P, U:,^uG, EPq UJDA - Cannel Green: Green A- GIS Web+,fp F—Id., DMS 21106703v2