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HomeMy WebLinkAboutCRC-08-2004 Amend & Expand 96th St & Hazel Dell Pkwy RESOLUTION NO. 5 RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION AMENDING AND EXPANDING THE 96TH STREET/HAZEL DELL PARKNVAY ECONOMIC DEVELOPMENT AREA AND CREATING.ALLOCATION AREA WHEREAS, the City of Carmel Redevelopment Commission (the "Commission") by Resolution. No. 3-1997 adopted on May 13, 1997 (the "Declaratory Resolution"), created the 96th Street/Hazel Dell Parkway Economic Development Area (the "Hazel Dell South EDA"); and WHEREAS, in the Declaratory Resolution the Commission approved the Economic Development Plan--Hazel Dell Parkway Economic Development Areas (the "Original Plan"); and WHEREAS, the Commission now desires to amend and expand the Hazel Dell South EDA, to declare the entire Hazel Dell South EDA as so expanded as an allocation area, and to approve the incorporation of the Original Plan into the 2004 Integrated Economic Development Plan & Amended Redevelopment Plan (the "2004 Integrated Plan") in the form presented at this meeting; NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Redevelopment Commission as follows: 1. The Commission hereby expands the Hazel Dell South EDA to include an additional area (the "2004 Expansion Area") that is comprised of the portion of the area described in Exhibit A hereto that was not included in the original Hazel Dell South EDA (the Hazel Dell South EDA as expanded by the 2004 Expansion Area, the "Expanded Hazel Dell South EDA" ); provided, however, that the inclusion of any unincorporated area of Hamilton County (the "County") in the 2004 Expansion Area is subject to assignment of such area by the County to the Commission pursuant to Indiana Code 36-7-25-4(1). 2. The Commission hereby approves the incorporation of the Original Plan into the 2004 Integrated Plan, and approves of the amendments to the Original Plan as set forth therein. 3. The Commission hereby finds that the 2004 Integrated Plan for the 2004 Expansion Area promotes significant opportunities for the gainful employment of its citizens, attracts a major new business enterprise to the City, retains or. expands a significant business enterprise existing in the boundaries of the City, and meets other purposes of Sections 2.5, 41 and 43 of the Act, including without limitation benefiting the public health, safety and welfare, increasing the economic well-being of the City and the State of Indiana.(the "State"), and serving to protect and increase property values in the City and the State. 4. The Commission hereby finds that the 2004 Integrated Plan for the 2004 Expansion Area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed under Sections 2.5, 41 and 43 of the Act because of lack of local public improvement, existence of improvements or conditions that lower I the value of the land below that of nearby land, multiple ownership of land and other similar conditions, including without limitation the cost of the projects contemplated by the 2004 Integrated Plan and the necessity for requiring the proper use of the land so as to best serve the interests of the City and its citizens. 5. The Commission hereby finds that the public health and welfare will be benefited by accomplishment of the 2004 Integrated Plan for the 2004Expansion Area. 6. The Commission. hereby finds that the accomplishment of the 2004 Integrated Plan for the 2004 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. 7. The Commission hereby finds that the 2004 Integrated Plan for the 2004 Expansion Area conforms to other development and redevelopment plans for the City. 8. Based upon the findings set forth in Sections 3 through 7 hereof, the Commission hereby determines, designates and declares that the 2004 Expansion Area is an "economic development area" within the meaning of the Act. 9. The Commission hereby finds that: (a) the amendments to the Declaratory Resolution and the Original Plan effected by this Resolution and the 2004 Integrated Plan are reasonable and appropriate when considered in relation to the Declaratory Resolution and the Original Plan and the purposes of the Act; and (b) the Declaratory Resolution and the Original Plan, with the proposed amendments thereto effected by this Resolution and the 2004 Integrated Plan, conform to the comprehensive plan of the City. 10. In support of the findings, determinations, designations and declarations set forth in Sections 3 through 9 hereof, the Commission hereby adopts the specific findings set forth in the 2004 Integrated Plan, including the Original Plan and any other reports, studies and plans incorporated therein by reference. 11. The general boundaries of the 2004 Expansion Area are those set forth in Exhibit A attached hereto. While the 2004 Integrated Plan contemplates the possibility of future property acquisition in the 2004 Expansion Area, the Department does not at this time propose to acquire any land or interests in land within the boundaries of the 2004 Expansion Area. If, at some future time, the Department proposes to acquire any land or interests in land in the 2004 Expansion Area,, the required procedures for amending the 2004 Integrated Plan under the Act will be followed. 12. The 2004 Integrated Plan is hereby in all respects approved and adopted, and the secretary of the Commission is hereby directed to file a certified copy of the 2004 Integrated Plan with the minutes of this meeting. 13. The entire Expanded Hazel Dell South EDA is hereby designated as an "allocation area" pursuant to Section 39 of the Act for purposes of the allocation and distribution of property taxes for the purposes and in the manner provided by said Section 39; provided, 2 however, that the inclusion of any unincorporatOd area of the,County;in,such allocation. area is subject to assignment of such area by the Countyto.the Commission.pursuant,to Indiana Code 36-7-25-4(1). Any reall property taxes subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable propertyin said allocation area shall be-allocated and distributed as,follows: Except asptherwise.providedin said Section 39, the proceeds of taxes attributable to the lesser of:(a)'the assessed value of the property for the, assessment date with respect to which the allocation and distribution is made.or (b) the. base assessed `value, shall'beeallocated to and, when collected, paid into`the funds of the respective taxing,units. Except as otherwise:provided:in said Section 39, propert y.tax:proceeds in excess of those Uescrib'ed in the previous sentence shall be allocated to the redevelopment district.and,.vihen.collected, paid into' an allocation fund fonsaid allocation area that may he'used by the redevelopment district to'do one cr more of the things specified in Section 39(b)(2) of the Act, as the'same.may-be amnended,from time totiine. Said allocation fund inay not be used for;operating expenses of-the Commission. Except as::otherwise provided in the Act; before July'15 of each year, the.Commission shall take the actions set.forth in Section 39(b)(3) of the,Act. 14. The-Teregoing;allocation provision; shall appty to all of the,Expanded Hazel Dell South EDA and shall expire on the date that is thirty "(30) years after the effective date of this Resolution. 1_5. Said allocatior area is hereby designated as the "Hazel, Dell. South Allocation Area" and said allocation fund is hereby designated as the "Hazel Dell South Allocation Area Fund." 16: Each officer-'of the Commission is'hereby authorized and directed to make any and. all required filings with the Indiana Department-of Local Government Finahce and the Hamilton County Auditor in connection with the.creation of said allocation area. 177 The ;provisions. of this Resolutron_shal.1 besubject in all;respects to the Act and any amendments thereto. 1.8. This'Resolution, together.with any supporting, data, including the-2004 lhtegrated Plan, shall be submitted to the Carmel',Plan, Commission (the "Plan Commission"): and the Common Council of the. City (the "Common Council") as provided in the Act, and, if approved by the Plan. Commission and the Common Council, shall be submitted to a-public hearing and remonstrance as provided. by.the'Act, aller public notice as,required by the Act. 19. Each officer of the Corninission is hereby authorized and -directed; for and on behalf of the Commission, to take any action, , determined by such. officer to be necessary or appropriate to effect this Resolution, such determination to,be conclusively evidenced.by such officer's having taken such action; and any such action heretofore taken is hereby ratified and approved. 20. This-Resolution "shall be effective upon its adoption 3 Adopted itns 10th _day of February,, 2004. CITY OF CAPMEL REDEVELOPMENT COMMISSION President, V' ;Pre'sident. Secretary / r4' ber Memtier 4' Exhibit A DESCRIPTION OF THE EXPANDED HAZEL DELL SOUTH EDA Beginning at the point of intersection of the western right of way line of Gray Road and the northern right of way line of 96th Street, then proceeding westward along the northern right of way line of 96th Street to the point of intersection with the eastern bounday of parcel number 17-14-07-04-06-022.000, then proceeding northward along the eastern boundaries of parcels numbered 17-14-07-04-06-022.000, 17-14-07-04-06-024.000, 17-14-07-04-06-025.000, 17-14-07-04-06-026,000, 17-14-07-04-06-027.000, 17-14-07-04.06-028.000, 17-14-07-04-06-029.000; and 17-14-07-04-06-030:000 to the point of intersection with the southern boundary of parcel number 17-14-07-04-06-003.000, then proceeding eastward along the southern boundaries of parcels numbered 17-14-07-04-06-003.000, 17-14-07-04-06-004.000 and 17-14-07-04-06-005.000, to the point of intersection with the western boundary of parcel number 17-14-07-04-06-015.000 (at or near the northwest corner of said parcel), then, proceeding southward along the western boundary of parcel 17-14-07-04-06-015.000 to the southwest corner of said parcel, then proceeding eastward along the southern boundary of parcel 17-14-07-04-06-015.000 to the southeast corner of said parcel, then, proceeding northward along the eastern boundary of parcel 17-14-07-04-06-015.000 to the northeast corner of said parcel, then proceeding eastward along the southern boundary of parcel 17-14-07-04-06-007.000 to the southeast corner of said parcel, then continuing eastward along the, northern boundary of parcel 17-14-07-04-06-013.000 to the point of intersection with the western right of way line of US431 (a.k.a. Keystone. Avenue), then turning northward along the western right of way line of US431 to the point of intersection with the southern right of way line of 98'h Street, then turning eastward along the alignment of the southern right of way line of 98'h Street, across the right of way of US431, to the point of Intersection with the eastern right of way line of US431 and the southern right of way line of 98'h Street, then continuing eastward along the southern right of way line of 981h Street to the point of intersection with the eastern boundary of parcel number 16-14-07-04-08-001.003, then proceeding southward along the eastern boundary of parcel number 16-14-07-04-08-001.003 to the point of intersection with the northern boundary of parcel number 16-14-08-00-00-022.000, then proceeding eastward along the northern boundaries of parcels numbered 16-14-08-00-00-022.000, 16-14-08-00-06-002.000, and 16-14-08-00-06-001.000 to the northeast corner of parcel number 16-14- 08-00-06-001.000, then proceeding southward along the eastern boundary of parcel number 16-14-08-00-06-001.000 to the point of intersection with the northern right of way line of Bauer West Drive, then proceeding eastward along the northern right of way line of Bauer West Drive to the point of intersection with the western right of way line of Lakeshore Drive, then proceeding eastward across the right of way of Lakeshore Drive to the point of intersection with the eastern right of way line of Lakeshore. Drive, then proceeding north along the eastern right of way line of Lakeshore Drive to the point of intersection with the northern boundary of parcel number 16-14-08700-00-022.013, then proceeding eastward along the northern boundaries of parcels 16-14-08-00-00-022.013, 16-14-08- 00-00-022.009, 16-14-08-00-00-022.002, 16-14-08-00-00-022.102, and 16-14-08-00-00-018.001 to the point of intersection with the western right of way line of Randall Drive, then continuing eastward across the right of way of Randall Drive to the point of intersection with the eastern right of way line of Randall Drive and the northern boundary of parcel number 16-14-08-00-05- 004.001, then continuing eastward along the northern boundary of parcels numbered 16-14-08-00-05-004.001 and 16-14-08-00-05-003.000 to the point of intersection with the western boundary of parcel number 17-14- 08-00-07-007.000, then proceeding northward along the western boundary of parcels numbered 17-14-08-00-07=007.000 and 17-14-08-00-07-005.000 to the point of.intersection with the southern boundary of parcel number 17- 14-08-00-07-009.000, then proceeding eastward and northward along the common boundary between parcel number' 17-14-08- 00-07-005.000 (inside the ED Area) and parcel number 17-14-08-00-07-009.000 (outside the ED Area) to the point of intersection with the northern boundary of parcel number 17-14-08-00-07-005.000, then proceeding eastward along the northern boundaries of parcels numbered 17-14-08-00-07-005.000 and 17-14-08-00-07-001.000 to the point of intersection with the western right of way line of Gray road, then proceeding southward along the western right of way line of Gray Road to the point of beginning rND501 BDD 64546Iv1 6