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Home My WebLink AboutResolution No. PC-3-15-2022-a (Firehouse East Allocation Area)(22148292.1)RESOLUTION NO. PC-3-15-2022-a RESOLUTION OF THE CITY OF CARMEL PLAN COMMISSION APPROVING AMENDMENTS TO THE DECLARATORY RESOLUTION AND REDEVELOPMENT PLAN FOR THE CITY CENTER REDEVELOPMENT AREA (FIREHOUSE EAST ALLOCATION AREA) WHEREAS, the City of Carmel Plan Commission (the "Plan Commission") is the body charged with the duty of developing a general plan of development for the City of Carmel, Indiana (the "City"); and WHEREAS, the City of Carmel Redevelopment Commission (the "Redevelopment Commission") on February 16, 2022, approved and adopted Resolution No. 2022-1 (the "Resolution") approving certain amendments to the declaratory resolution and redevelopment plan for the City Center Redevelopment Area (the "Plan Supplement"); and WHEREAS, the Redevelopment Commission has submitted the Resolution and the Plan Supplement to this Plan Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CARMEL PLAN COMMISSION, as follows: The Resolution and the Plan Supplement conform to the plan of development for the City. 2. This Plan Commission hereby approves the Resolution and the Plan Supplement. This resolution hereby constitutes the written order of the Plan Commission approving the Resolution and the Plan Supplement pursuant to I.C. § 36-7-14-16. 3. The Secretary of this Plan Commission is hereby directed to file a copy of the Resolution and the Plan Supplement with the minutes of this meeting. SO RESOLVED BY THE CITY OF CARMEL PLAN COMMISSION this 15"' day of March, 2022. CITY OF CARMEL PLAN COMMISSION President ATTEST: Secretary DMS 22116590v1 DocuSign Envelope ID: 38AFD5CA-350A-4959-B458-90152B1DC565 RESOLUTION NO. 2022-1 RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION 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 Carmel City Center Amendment Allocation Area (the "Carmel City Center Amendment Allocation Area") and another 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 (i) remove the area described on Exhibit A attached hereto from the Carmel City Center Amendment Allocation Area, (ii) remove the area described on Exhibit A attached hereto from the Firehouse Allocation Area, (iii) designate the area described on Exhibit A attached hereto as a separate allocation area pursuant to Section 39 of the Act to be known as the Firehouse East Allocation Area (the "Firehouse East Allocation Area"), and (iv) adopt a supplement to the Plan attached hereto as Exhibit B (the "2022 Plan Supplement") (clauses (i) through and including (iii), collectively, the "2022 Firehouse Amendments"); and WHEREAS, the 2022 Firehouse Amendments 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, 16, 17, and 39 of the Act to the 2022 Firehouse Amendments; and WHEREAS, the Commission now desires to approve the 2022 Firehouse Amendments. DocuSign Envelope ID: 38AFD5CA-350A-4959-B458-90152B1DC565 time the Commission proposes to acquire specific parcels of land, the required procedures for amending the Plan, as amended by the 2022 Plan Supplement, 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 2022 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 2022 Firehouse Amendments are hereby in all respects approved. 13. The areas described in Exhibit A are hereby removed from the Carmel City Center Amendment Allocation Area and the Firehouse Allocation Area and, together with Parcel No. 16- 09-36-00-00-011.001, are hereby designated as a separate "allocation area" pursuant to Section 39 of the Act, to be known as the "Firehouse East Allocation 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 East Allocation Area hereby designated as the "Firehouse East 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 East Allocation Area. The Commission hereby finds that the adoption of this allocation provision will result in new property taxes in the Firehouse East Allocation Area that would not have been generated but for the adoption of the allocation provision, as specifically evidenced by the findings set forth in Exhibit B. The base assessment date for the Firehouse East Allocation Area is January 1, 2022. 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 East Allocation 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 East Allocation Area. DocuSign Envelope ID: 38AFD5CA-350A-4959-B458-90152B1DC565 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. DocuSign Envelope ID: 38AFD5CA-350A-4959-B458-90152B1DC565 Adopted the 161" day of February, 2022. CITY OF CARMEL DEVELOPMENT COIMISSION r „A "i Vice President D17'��U d by: w Secretary �' DocuSign Envelope ID: 38AFD5CA-350A-4959-B458-90152B1DC565 EXHIBIT A Parcels to be removed from the Carmel City Center Amendment Allocation Area and Firehouse Allocation Area, and Parcels designated as the Firehouse East Allocation Area The following parcel is removed from the Carmel City Center Amendment Allocation Area: 16-09-36-00-00-009.000 The following parcel is removed from the Firehouse Allocation Area: PARCEL III NUMBER: 16-09-3 6-00-00-009.002 The following parcels are designated as the Firehouse East Allocation Area, and are shown on the map attached hereto: 16-09-3 6-00-00-009.000 16-09-36-00-00-009.002 16-09-36-00-00-011.001 A-1 loll pii '41l+GuF;rl.! Rtl's14 JIM { f. i �ulyj ziri��an titi'M =ii�•,a}ap —_--- ,tA u } pa;%Luw,J)j,ug� - ,LI, DocuSign Envelope ID: 38AFD5CA-350A-4959-B458-90152B1DC565 EXHIBIT B 2022 Plan Supplement The Plan is hereby supplemented by adding the following project to the Plan: All or any portion of the design and construction of for sale condo units which will wrap the Civic Square Parking Garage being constructed by the City, and which are in or directly serving and benefiting the Firehouse East Allocation Area. The Commission's contribution to the project will be providing an estimated 48 parking spaces to the condo owners, valued at approximately $1,500,000. The creation of the Firehouse East Allocation Area will provide a mechanism for the Commission to recover a portion of the cost of the Civic Square Parking Garage through the collection of tax increment revenues in the area. Based on representations of the developer of the Project, the Commission has determined that the full development of the Firehouse East Allocation Area will not proceed as planned without the contribution of tax increment revenues to be derived from the Firehouse East Allocation Area to the project described above. DMs 22000972v2