HomeMy WebLinkAboutCC-02-18-08-01 West Clay TIF/EDASponsurs: Councilors Garter and. Sharp
RESOLUTION CC-02-18-08-01
.A RESOLUTION OF THE COMMON COUNCIL OF, THE.CITY OF',CAIRMEL„1NDLAITA
APPROVING CERTAIN.MATTERS INT C'ONNTECTION WITH THE WESTCLAY
.ECONOMIC; DEVELOPMENT AREA
WHEREAS, the City of Carmel Redevelopment, Commission (tlic "Redevefopment
Commission"), as khc=governing body, for the City of Carmel Redevelopment Department (the
"Department" ), pilrstiatit`to IndiaiTa_ Code 36-7-14, a's,arnended (tlic?"Act); adopted a Declaratory
Resolution on December 22, 2006 (the "Declaratory Resohaion');designating an area known as
the. WestClay Economic ;Developments Area(the "E'coi>,omic. DeveloRrnent Area") as an
ccotfomic developriient area piir'suant to' Sectiom4'1 bfthe Act;,and
PEAS, th'e DeclaratoryResolution approved an econonic development plaitiToi the
W1IL
Economic-Development. Area designated as the CRC WestClay Economic Development Plan
(the. and
WllEIi AS, the Carmel.P,lam Commission,.on January 24, 2008, approved and adopted a
resolution (the ".Plan Commission Order") determining that tlie.Declaratory Resolution-and the
Plan, with' certain rTjodifications described therein; conform to the `plan of developrnerit- for the
City, of Carmel and approving the'Declaratory Resolution and the Plan with,such-modifications.
NOW THERE.F.Oltf, BE-IT RESOLVED bythe Common Council of the City-of
Carmel, ludiana,,.as follows:
1. Pursuant to°`Section 6(a) & (b) of the Act, the Common Council 'of the
City (die "Council") deteanines.that the Declaratory Resolution and the Plan for the'Ccondinie
Development.Area, `vitlr'tlic'mo"difications described in the Plan Commission Order; conform to
the plan of development.for the City, and.approves (a) the Declaratory Resolution and, the ' Plan
for the Economic`Development_ Area upon the donditions, 'set forth to 'Sectioii 2 of the Plan
Commission Order, andI (b)'the.Plan CI ornmission Order.
2-. The Coirricil hereby' aplJroves 'tEe_ determination that the Econoniio
Development Area is an economic development arewpursuant°to,Secti'on41 of=the Act.
3.. This Resolution shall be iit full force and effect from and aiftet-As passage
by the Council and approval by the,.Mayor, as required.by law:
PASSED by the, Common 'CJouncil of the City of Carmel, this. / 00 day of
,?4PI a -t ( , 2008, by a vote of 7 ayes and „3 ':nays.
COMMON COUNCI FOR THE CITY 01, CARAII
residing Officer s h . Gr Iths
Richard L. Sharp President Pro Tempore Kevin Rider
D PR'O'S c D PR sG D
John V. Accetturo W. Eric Seidensticker
()" F of as 6ID
Ronald E. Carter Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk-
A,
Presented by me to the MaVor of the City of Cannel this 18 day ofljmnlm?, 2008,
at SAO P.M.
&,?14
Diana L. Cordray, "C, Clerk-Tre urer
1-k
Approved by me, Mayor of the City of Carmel, Indiana, this )S day of
, 2008, at X00 P M.
iiarnes Brainard, Mayor
ATTEST
Diana L. Cordray, IAMC, Clerk- uasun
Prepared by: Bruce D. Donaldson
Barnes & Thornburg LLP
I I South Meridian Sweet
Indianapolis, IN 46204
INDS01 BDD 99453Sc1
RESOLUTION NO. PC-01-24-08
RESOLUTION OF THE CARMEL PLAN COMMISSION DETERMINING THAT
A RESOLUTION AND AN ECONOMIC DEVELOPMENT PLAN APPROVED
AND ADOPTED BY THE CITY OF CARMEL REDEVELOPMENT COMMISSION
CONFORM TO THE PLAN OF DEVELOPMENT FOR THE CITY OF CARMEL AND
APPROVING TILE RESOLUTION AND PLAN WITH MODIFICATIONS
WHEREAS, the 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
WI-IEREAS, the City of Carmel Redevelopment Commission (the "Redevelopment
Commission"), as the governing body for the City of Carmel Redevelopment Department (the
"Department"), pursuant to Indiana Code 36-7-14, as amended (the "Act), adopted, a Declaratory
Resolution on December 22, 2006 (the `'Declaratory Resolution'), designating an area known as
the WestClay Economic Development Area (the "Economic Development Area") as an
economic development.area pursuant to Section 41 of the Act; and
WHEREAS, the Declaratory Resolution approved an economic development plan for the
Economic Development. Area designated as the "WestClay Economic Development Plan" (the
"Plan'); and
WHEREAS, the Redevelopment 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 apart hereof; and
WHEREAS, the Plan Commission has determined that the boundaries of the Economic
Development Area should be amended as set forth in Exhibit A hereto, and that the Declaratory
Resolution and the Plan should be modified accordingly; and
WHEREAS, the Plan Commission has determined that the Plan should be modified to
read in its entirety asset forth in Exhibit B hereto; and
WHEREAS, in determining the location and extent of the Economic Development Area,
the Plan Commission has determined that no residents of the City of Carmel will be displaced by
the proposed development thereof; and
WHEREAS, the Plan Commission has reviewed the Declaratory Resolution and the Plan
and determined that, with the modifications set forth herein, they conform to the plan of
development for the City, and now desires to approve the Declaratory Resolution and the Plan
with such modifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CARMEL PLAN COMMISSION,
THAT:
t. The Plan Commission hereby finds and determines that the Declaratory
Resolution and the Plan for the Economic Development Area, with the modification to the
boundaries of the Economic Development. Area set forth in Exhibit A hereto and with the
modifications to the Plan set. forth in Exhibit B hereto, conform to the plan of development for
the City.
2. The Declaratory Resolution and the Plan for the Economic Development Area are
hereby approved on the conditions that (a) the boundaries of the Economic Development Area
are amended as set forth in Exhibit A hereto, and (b) the Plan is revised to read as set.forth in
Exhibit B hereto.
3. This Resolution hereby constitutes the written order of the Plan Commission
approving the Declaratory Resolution and the Plan for the Economic Development Area pursuant
to Section 16 of the Act.
4. The Secretary is hereby directed to file a copy of the Declaratory Resolution and
the Plan for the Economic Development Area with the minutes of this meeting.
SO RESOLVED BY THE CARMEL PLAN COMMISSION this day of
2008.
CARMEL PLAN COMMISSION
President
-"'-
EXHIBIT A
Revised Description of the Economic Development Area
See attached description and map.
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Revised Legal Description
West Clay Economic Development Area
It is necessary to revise the legal description for the West Clay Economic Development Area (ED
Area) due to changes in the parcel numbers by the Hamilton County Auditor, which are-still in
process within the County Auditor's system.
The revised legal description for the West Clay ED Area is to be as. follows, based on information
retrieved from the Hamilton County website as of November 20, 2007:
Beginning at the point of intersection of the west right of way line of Towne Road and the
south right of way line of 131 s' Street,
then proceeding westward along the south right of way line of 131x' Street to the point of
intersection with the eastern boundary of parcel 17-09-29-00-00-012.000 (parcel 17-09-
29-00-00-012.000 is NOT to be included in the ED Area),
then proceeding southward along the eastern boundary of parcel 17-09-29-00-00-
012.000, to the point of intersection with the southern boundary of parcel 17-09-29-00-
20-003.000,
then proceeding eastward along the southern boundaries of parcels 17-09-29-00-20-
003.000 and parcels 17-09-29-00-20-004.000 to the southeast corner of parcel 17-09-29-
00-20-004.000,
then proceeding directly eastward, across the right of way of Pettigru Drive to the point of
intersection with the western boundary of parcel 17-09-29-00-14-010.000,
then proceeding eastward, southward and eastward along the southern and western
boundaries of parcel 17-09-29-00-14-010.000 to the point of intersection with the western
right of way line of Towne Road,
then turning northward to the point of beginning.
This legal description.is intended to contain the following paicels, according to the Hamilton
County Auditor's website (November 20, 2007):
17-09-29-00-19-001.000
17-09-29-00-19-002.000
17-09-29-00-20-001.000
17-09-29-00-20-001.001
17-09-29-00-20-001.002
17-09-29-00-20-002.000
17-09-29-00-20-003.000
17-09-29-00-20-003.001
17-09-29-00-20-004.000
17-09-29-00-20-005.000
17-09-29-00-14-010.000
EXHIBIT B
Revised WestClay Economic Development Plan
See attached 'plan.
INDS01 BDD 99445913
-4-
City of Carmel
Hamilton County, Indiana
Westuay 'Economic
Development Ilan
November 29, 2007
Waba'Top 0ghnovog, kc.
Michael R. Shaver, President
3799 Steeplechase Drive
Carmel, IN 46032
(voice) 317/872-9529
(fax) 317/872-9885
(e-mail) wabsci@aol.com
W 131ST ST
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DYE.ST CLAY .
ECONOMIC f--
DEVEL OPMENT
AREA
` O WEST CLAY O -
E.D. AREA
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W 126TH ST L E
Map 1 - WestClay Economic Development Area
Map 2 - Overall Integrated Economic Development Area
- New map here -
WestClay Economic Development Plan
Carmel, Indiana
Purpose of the Economic Development Area & Plan
This.Economic Development Plan is being developed for the sole purpose of capturing
tax increment revenue from a? neighborhood serving commercial development proposal
on parcels.of land located in the Village of WestClay. These parcels of land are zoned
for commercial services, retail development, and a continuing care retirement community
(CCRC) all to be located in the southwest quadrant of the intersection of 13151 &
Towne Road. The CCRC development carries a corporate form of ownership and
generates no school children,, thereby making it eligible for the capture of tax increment.
This type of commercial development is designed to enjoy the convenience of services
and retail shopping virtually next door.
The development at this location consists of approximately 100,000 square feet of
commercial and retail space. This neighborhood center is strategically located like
other similar neighborhood commercial areas in the City of Cannel, consistent-with the
polices in the 2020 Comprehensive Plan (as amended). It is designed to offer choice and
convenience for the nearby residents in western Carmel.
The WestClay ED Area is shown on map 1, provided earlier in this ED Plan. This ED
Area & Plan are being developed for.the specific purpose of including the WestClay ED
Area & Plan into the Integrated Economic Development Plan for the City of Carmel (map
2), with the integrated findings of fact and integrated economic development polices
previously presented to the public and adopted by the Cannel Redevelopment
Commission (CRC) in 2001. In the adopted Integrated Economic Development Plan, the
CRC set forth the general policy that the redevelopment of the City Center Area,
including all City Center Redevelopment projects, are considered to benefit the
community as a whole, having a positive affect on all economic development throughout
Carmel. This general policy premise, is reasserted in creating the WestClay ED Area
& Plan. To state the case more directly, the CRC hereby offers this ED Plan for public
discussion with the specific note that the CRC intends to capture tax increment from the
WestClay ED Area for the purpose of supporting the revenue needed to repay bonds
issued to construct the performing arts center, and other community supporting
infrastructure.
Description of the Proposed Economic Development Area
The proposed WestClay Economic Development Area is located at the southwest
quadrant of the intersection of 13151 Street and Towne Road. The boundaries of the
WestClay ED Area to be created for the purpose of capturing TIF increment from future
commercial development at the Village of WestClay (SW comer of 131st and Towne
Road) are described as follows:
WestClay Economic Development Plan 071129 `t
Beginning at the point of intersection of the west right of way line of Towne Road and the
south right of way line of 1316' Street,
then proceeding westward along the south right of way line of 1316' Street to the point of
intersection with the eastern boundary of parcel 17-09-29-00-00-012.000 (parcel 17-09-
29-00-00-012.000 is NOT to be included in the ED Area),
then proceeding southward along the eastern boundary of parcel 17-09-29-00-00-
012.000, to the point of intersection with the southern boundary of parcel 17-09-29-00-
20-003.000,
then proceeding eastward along the southern boundaries of parcels 17-09-29-00-20-
003.000 and parcels 17-09-29-00-20-004.000 to the southeast corner of parcel 17-09-29-
00-20-004.000,
then proceeding directly eastward, across the right of way of Pettigru Drive to the point of
intersection with the western boundary of parcel 17-09-29-00-14-010.000,
then proceeding eastward, southward and eastward along the southern and western
boundaries of parcel 17-09-29-00-14-010.000 to the point of intersection with the western
right of way line of Towne Road,
then turning northward to the point of beginning.
This legal description is intended to contain the following parcels, according to the
Hamilton County Auditor's website (November 20, 2007):
17-09-29-00-19-001.000
17-09-29-00-19-002.000
17-09-29-00-20-001.000
17-09-29-00-20-001.001
17-09-29-00-20-001.002
17-09-29-00-20-002.000
17-09-29-00-20-003.000
17=09-29-00-20-003.001
17-09-29-00-20-004.000
17-09-29-00-20-005:000
17-09-29-00-14-010.000
WestClay Retail/Commercial Development Proposal
The Carmel Plan Commission and City Council have approved a retail/commercial
development at this location within the Village of WestClay. The approved development
will includes a mixed-use retail development with some office, retail and other uses,
specifically targeted for support of residential development located in western Carmel
This project will be developed with greater intensity than the previous agricultural uses,
the previously planned/approved West Clay residential uses, and was thoroughly
discussed as it moved through-the plan commission process, before being approved by
Carmel's City Council.
The previous approval of the West Clay retail by Carmel Plan Commission and Carmel
City Council is interpreted by the CRC as proof in fact of the conformity of this ED
WestClay Economic Development Plan 071129 5
Plan to the overall plan of development for the ED Area, as required by stable. The
CRC believes that it has developed an ED policy process which respects the statutory role
of the Plan Commission in the development process, as well as respecting that similar,
confined role in the ED Area designation and ED Plan approval process.
Economic Development Plan to Become a Part of the Integrated ED Plan
It is the intent of the CRC that this "WestClay Economic Development Plan," (WestClay
ED Plan) and designated "WestClay Economic Development Area," (WestClay ED
Area) will become a part of the Carmel Integrated Economic Development Plan (2001),
as amended. The CRC previously created a series of separate Economic Development
Areas, as well as one redevelopment area (City Center, 1997), and developed an
integrated series of plans and strategies for the purpose of generating complimentary
economic development and redevelopment of these areas throughout the city of Carmel,
both individually and collectively. The CRC has developed (and amended over, time to
reflect progress in meeting economic development and redevelopment policies and on
identified projects) an Integrated Economic. Development & Redevelopment Plan
itemizing the individual strategies and projects from all of these TIF-based areas, as well
as integrating all projects from all ED & RD Areas into a single, functioning whole, with.
the central goal of enabling the City of Carmel to utilize TIF revenues from all ED & RD
Areas to benefit the City Center redevelopment initiatives.
It is the intent of the CRC that the "WestClay Economic Development Area" will become
apart of.the integrated Economic Development and Redevelopment. Areas, with all
projects and strategies for the city of Carmel and CRC to be integrated and coordinated
with one another. As such, TIF revenue generated'by the WestClay ED Area is extended
the same CRC policy provisions as revenue fi-om the other ED & RD Areas, in that TIF
revenues generated within the WestClay ED Area can be used to benefit the City Center
Redevelopment Area, and such use of the TIF revenue in City Center will directly serve
and benefit the WestClay ED Area. Most specifically, the CRC publicly advances the
intent to capture tax increment revenue for the purposes of securing the performing arts
center bonds, in the event that there is a shortfall of such revenue.
Incorporation of Previous Findings
This Economic Development Plan incorporates any and all previous findings of fact and
findings of blight related to previous designations of Economic Development Areas
and/or Redevelopment Areas for the purpose of capturing TIF revenues. As such, in
addition to the specific findings of fact offered below, this Economic Development Plan
also officially incorporates previous findings of fact related to the designation of other
Economic Development Areas covering the affected/designated parcels, as well as the
findings of blight that were previously approved as part of the City Center
Redevelopment Plan.
The incorporation of previous findings is undertaken with the direct intent of enabling the
CRC to supplement the specific findings offered in.this WestClay Economic
Development Plan, in the event of legal or public disputes. Any citizen seeking full
WestClay Economic Development Plan 071129 6
documentation of all findings related to this designation should consult this WestClay
Economic Development Plan as well as the Integrated Economic Development Plan and
Redevelopment Plan, as amended and promulgated by the CRC. The Integrated
Economic Development & Redevelopment Plans contain all previous ED & RD Plans for
the CRC.
WestClay Findings of Fact
Indiana statute IC 36-7-14 provides for the formation of an Economic Development Area
in accordance with the following criteria:
1. The plan for the Economic Development Area: promotes significant opportunities for the
gainful employment of its citizens; attracts major new business enterprise to the unit (of
government); retains or expands a significant,business enterprise existing in the unit, or;
meets other purposes of redevelopment and economic development.
2. The plan for the Economic Development Area cannot be achieved by regulatory
processes, or by the ordinary operation of private enterprise because of: lack of public
improvements, existence of improvements or conditions that lower the value of land
below that of nearby land; multiple ownership of land; or other similar conditions.
3. The public health and welfare will be benefited by the plan for the economic development
of the area.
4. The accomplishment of the plan for the Economic Development 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, or; improve the diversity and economic base or other
similar benefits.
5. The plan for the Economic Development area conforms to other Development and
Redevelopment Plans of the unit.
Finding of Fact #1: "...the plan promotes significant opportunities for the gainful
employment of its citizens; attract major new business enterprise; ...retains or
expands a significant business enterprise existing in the unit...."
Designation of the WestClay Economic Development Area is undertaken for the specific
purpose of capturing proposed commercial & retail development into the integrated
economic development areas. The specific target market for this commercial/retail
development is the..capture of business activity supported by residential development in
western Carmel . It is estimated that 150-300 full-time equivalent jobs will be created in
the commercial/retail area captured by the WestClay ED Area designation.
In addition, it is the intent of the City that development in the WestClay ED Area attract
complementary' new business enterprise to the West Clay Village Center, consistent with
the approved plan. for the overall Village of West Clay.. The CRC is responding directly
to an approved development plan with the full expectation that new employment
opportunities will be captured in this ED Area, and as such, it is determined that the
proposed. Economic Development Area meets this statutory finding of fact.
WestClay Economic Development Plan 071129
Finding of Fact #2: "the plan... cannot be achieved by regulatory processes or by
the ordinary operation of private enterprise because of lack of public
improvements... or other similar conditions. "
The designation of the WestClay ED Area responds to aseries of conditions that relate to
the development of commercial parcels in support of broad-scale residential
development. The original Village of WestClay was approved in 1999 as a `new
urbanism' concept which included a central, commerciallretail area, the Village Center,
consisting of 250,000 square feet of space. The Village Center plan was not readily
accepted by the market, and, thus, in 2005-2006 an amended plan was proposed by the .
developer which shifted 100,000 square feet of commercial away from the Village
Center; to the SW quadrant of Towne Road and 13151 Street. This-plan amendment was
reviewed and approved by the Carmel Plan Commission and Cannel City Council,, and
the ED Area designation reflects the final approval.
The City's Economic Development Plans and policies cannot be achieved solely through
traditional regulatory processes or through the normal operation of private enterprise for
several reasons. First the City Center redevelopment projects, as reflected in the
Integrated ED/RD Plan (of which the WestClay ED Plan will become a part) cannot be
accomplished through.the,normal operation of private enterprise or through the
regulatory process. Obstacles to successful redevelopment are becoming more difficult
as a result of uncoordinated or uninformed state legislative actions and policies which
frustrate and elongate redevelopment efforts. These stale-level actions add to the
difficulty of achieving successful redevelopment of City Center, and contribute to the
need to draw potential revenues from new development toward the City Center in order
to keep redevelopment plans on track.
Second, while the WestClay developer has provided amplified levels of infrastructure
support in the vicinity of the ED.Area, the historic lack of coordinated infrastructure
investment in the broader area of western Carmel has exposed other infrastructure needs
and inadequacies. The City of Carmel.is moving to address these problems with new
road construction bonds and major infrastructure projects, and this ED Area designation
is intended to be a part of this comprehensive effort to address the infrastructure needs of
the area. Addressing these infrastructure needs cannot effectively be accomplished
through regulatory action or through the normal operation of private enterprise, especially
insofar as a growing portion of increased traffic patterns are coming from outside of the
regulatory jurisdiction of the city of Carmel.
Furthermore, the City Center Redevelopment Area was designated with a full
complement of findings of blight, indicating that the area was suffering from lack of
private investment, urban deterioration and other blighting influences. These findings
are also hereby incorporated into this economic development plan by reference.
The additional findings of fact necessary to meet the statutory requirements for
designation of the WestClay Economic Development Area are intended to supplement,
rather than replace, the previous findings of fact and findings of blight, which are a part
of the Integrated Economic Development_& Redevelopment. Plan.
WestClay Economic Development Plan 071129 O
The Carmel Redevelopment Commission has undertaken an extended series of planning,
design, and construction projects in central Carmel to create a dynamic environment for
economic development and redevelopment, as a catalyst for future private sector
investment and job creation. The City Center Redevelopment Plan clearly stated an
extensive intent on the part of the City of Carmel to develop a broad range of public
improvements to draw economic, recreational and arts activity into the City Center,
possibly including a performing arts center, various new streets/roads, various
improvements to existing streets/roads, expansion/enhancement of public parking
facilities, sidewalk and road improvements, and other forms of public improvements.
The West Clay ED Area designation is intended as an extension of the previously-stated
policy on the part of the CRC.
The entirety of the CRC's economic development strategy depends upon making major
public improvements in order to enable the WestClay Economic Development Area to to
serve its allocable portion of a city with over 60,000 population, and a metropolitan trade
area of nearly 200,000 population. Clearly, the public improvements serving the City
Center area when the redevelopment and economic.areas were originally established in
1997, including infrastructure and parking, were designed to servea small town of less
than 2,000 people. Therefore, investment in public infrastructure is required in order to
serve the anticipated growth and development of Carmel to a community of 100,000
population or more, anticipated in the adopted 2020 Comprehensive Plan. The need for
major public improvements are unlikely to be effectively realized through simple
regulatory enforcement or normal operation of private enterprise.
The sum of these arguments leads to the conclusion that the CRC can only achieve its
economic development, community development and central Carmel redevelopment
goals through the creative application of development partnerships and comprehensive
infrastructure investment. In creating those partnerships, economic development and
redevelopment incentives can be applied to those development proposals which meet the
CRC's criteria and vision, but in no case can the simple operation of private enterprise or
the simple application of regulatory processes lead to a successful outcome. As such, the
proposed WestClay Economic Development Area, as part of the Integrated ED Area, is
determined to meet this statutory finding of fact.
Finding of Fact #3: `the public health and welfare will be benefited..."
The proposal to create the WestClay Economic Development Area will benefit the public
health and welfare in several ways, as follows:
1. The public welfare will be benefited by providing new jobs and significant opportunities for
employment of the citizens of Carmel, as a result of the proposed developments.
2. The public welfare will, be benefited by introducing new opportunities for arts,
entertainment and cultural enhancement in the City Center.
3. The public welfare will be benefited through the development of retail/commercial
business to serve residents of Clay Township, reducing travel time, fuel consumption and
air pollution related to commercial business trips originating in the area.
4. The public welfare will be benefited by creation of new assessed value within the
Economic Development Area.
WestClay Economic Development Plan 071129
5. The public health will be benefited by improvements to safety features and local
transportation and infrastructure which are designed to reduce the incidence and severity
of traffic accidents, including pedestrians struck by vehicles, as well as vehicular
accidents.
6. The public health will be benefited by infrastructure improvements which reduce traffic
congestion and thus improve local air-quality.
7. The public health will be benefited by providing enhanced roadway design other
thoroughfare amenities which provides customers with safe access to businesses in the
ED Area.
It has been the CRC's strategy since 1997 to enhance the quality of life in Carmel by
improving the downtown and City Center area to offer more arts, recreational, and
cultural opportunities to citizens of Carmel and the metropolitan area. Effectively,
"quality of life" and "public health and welfare" are synonymous terms. Therefore, the
CRC hereby asserts that this statutory finding is satisfied.
Finding of Fact #4: "... accomplishment of the plan will be of public utility... as
measured by: the attraction or retention a permanent jobs; an increase in the
property tax base... or other similar benefits."
The CRC hereby asserts that the accomplishment of this Economic Development Plan,
including its goals, objectives, strategies, and projects, will be of public utility, as defined
in the statute. The approved development will increase the number of permanent jobs in
the ED Area by approximately 150-300 jobs, as well as supporting the retention of
existing jobs which are already located in the Arts District and City Center.
In addition, it is clear that the approved commercial/retail development,will also increase
the property tax base, as well as contribute to the economic base of the City of Carmel.
These proposed developments, by providing shopping convenience in western Carmel,
help make the community a better place to live, and thus, will help improve the city's
business investment climate for attracting new growth and retention of a broad range of
new businesses, including small, start-rip businesses, major commercial businesses and
arts-related businesses. Many of these businesses could not be attracted or retained, or
otherwise would not be permitted to grow, without developments such as this
neighborhood retail/commercial development, which make the overall city a better place
to live and work. While Carmel has a number of areas where major new office/retail
development is occurring, including the US 31 Corridor, the number of these
neighborhood serving facilities in the western Clay Township area is extremely limited.
As such, the CRC asserts that the WestClay ED Area & Plan meet this statutory
requirement.
Finding of Fact #5: "the plan for the Economic Development Area conforms to
other development and redevelopment plans of the unit."
The CRC hereby asserts that the WestClay Economic Development Plan conforms in
every respect to the other economic development and redevelopment plans for the area.
The Carmel Plan Commission has previously considered and approved the development
of the"commercial/retail parcels that comprise the proposed WestClay ED Area. By
virtue of the Plan Commission's approval of this retail/commercial "development, the
WestClay Economic Development Plan 071129 10
CRC hereby asserts that the Plan Commission and City Council has approved the
development as conforming to the comprehensive plan for the area.
This Economic Development Plan alters none of the previous findings of the Integrated
ED Plan & Area. The City and the Plan Commission have worked cooperatively since
the inception of economic development and redevelopment efforts by the CRC. This
Economic Development Plan cannot reasonably be interpreted in any manner that does
not conform to the overall plan of development and redevelopment for the City of
Carmel, and as such, is expected that this statutory finding of fact is satisfied.
Economic Development Strategy
The CRC seeks to designate the WestClay Economic Development Area for the purpose
of promoting the overall economic development and redevelopment strategies and
policies of the CRC. The CRC's strategy for designating this Economic Development
Area is primarily directed at integrating the economic development and redevelopment
activities and policies of the CRC for the entire City.
The CRC has been consistent with regard to its overall economic development and
redevelopment objectives. Beginning with the original."Integrated Economic
Development Area & Plan" and continuing through several subsequent' amendments, as
well as the creation of several subsequent ED Areas, the CRC has publicly maintained
their initial economic development and redevelopment strategies. The fundamental
premise of these ED/RD strategies is that in order to combat urban blight caused by
removal of investment and existing substandard infrastructure in Carmel's urban core,
the CRC must implement policies which recognize the interdependence of `suburban'
and 'urban' economic development projects. The CRC has consistently taken the
position that an economically unhealthy urban core will cause or contribute to suburban
economic development deterioration, and therefore that redevelopment projects in City
Center do, in fact, directly benefit the 'suburban' economic development areas by
maintaining an economically healthy downtown, and, overall healthy climate for
development investment and job creation .
The CRC has sought constructive partnerships with developers possessing the
professional capability to successfully implement development and redevelopment
projects which are compatible with the CRC's vision for the City Center area. This ED
Area designation is therefore consistent with previous and continuing CRC economic
development and redevelopment projects.
Economic Development Projects
The CRC's intent with regard to creation of the WestClayED Area includes the use of
TIP funds for the following projects in conjunction with the approved retail/commercial
development.
WestClay Economic Development Plan 071129 11
Cost item Estimated cost (min/max)
Potential revenue support for City Center projects $1 million to $3 million
Thoroughfare & Corridor Improvements $500;000 to $1 million
Ingress/Egress provisions
(including handicapped access) $100,000 to $500,000
Other infrastructure support $100,000 to $500,000
Preliminary Subtotal of Estimated Project Costs $1.7 million to $5 million
In addition to the economic development projects presented above, the CRC
acknowledges that potential future TIF revenues can be used to support redevelopment
projects undertaken by the CRC. in the City Center Area, and that such use of the excess
TIF revenues will directly serve and bene6t.the WestClay ED Area, in accordance with
statutory requirements.
/crc WestClay ed plan
WestClay Economic Development Plan 07111129 12
RESOLUTION NO. 22-2006
RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT
COMMISSION DECLARING AN AREA IN THE CITY OF CARMEL
AS AN ECONOMIC DEVELOPMENT AREA AND APPROVING
AN ECONOMIC DEVELOPMENT PLAN FOR SAID AREA
WHEREAS, the City of Carmel Redevelopment Commission (the "Commission"),
governing 'body of the City of Carmel Department of Redevelopment (the "Department"),
pursuant to, Indiana Code 36-7-14, as amended (the "Act'), has thoroughly studied that area of
the City of Carmel, Indiana (the "City"), as described on Exhibit A attached hereto and
designated as the, "WestClay Economic Development Area" (the "Economic Development
Area"); and
WHEREAS, the existing public infrastructure is inadequate to service anticipated
demand in or near the, Economic Development Area; and
WHEREAS, there has been presented to this meeting for consideration and approval of
the Commission an economic development plan (the "Plan") for the Economic Development
Area and entitled "WestClay Economic Development Plan"; and
WHEREAS, the Commission has caused to be prepared maps and plats showing the
boundaries of the Economic Development. Area, the location of various parcels of property,
streets, alleys, and other features affecting the replatting, replanning, rezoning, or redevelopment
of the Economic Development Area, and the parts of the Economic Development Area that are to
be devoted to public ways, sewerage and other public purposes under the Plan; and
WHEREAS, the Commission has caused to be prepared estimates of the costs of the
development projects as set forth in the Plan; and
WHEREAS, the Plan and supporting data was reviewed and considered at this meeting;
and
WHEREAS, Section 39 of the Act has been created and amended to permit the creation
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, Sections 41 and 43 of the Act.have been created to permit the creation of
"economic development areas" and to provide that all of the rights, powers, privileges and
immunities that may be exercised.by this Commission in a redevelopment area or urban renewal
area maybe exercised in an economic development area, subject to the conditions set forth in the
Act; and
WHEREAS, the Commission deems it advisable to apply the provisions of said Sections
39, 41, and 43 of the Act to the Plan and financing of the Plan.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Redevelopment
Commission, governing body of the City of Carmel Department of Redevelopment, as follows:
1. The Plan for the Economic Development Area promotes significant
opportunities for the gainful employment of its citizens, attracts major new business
enterprises to the City, may result in the retention or expansion of significant business
enterprises 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 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.
2. The Plan for the Economic Development 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
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public improvements, including without limitation the cost of the projects contemplated
by the Plan.
3. The public health and welfare will be benefitedby accomplishment of the
Plan for the Economic Development Area.
4. The accomplishment of the Plan for the Economic Development 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.
5. The Plan for the Economic Development Area conforms to other
development and redevelopment plans for the City.
6. In support of the findings and determinations set forth in Sections 1
through 5 above, the Commission hereby adopts the specific findings set forth in the
Plan.
7. While the Plan contemplates the possibility of property acquisition as a
part of the economic development strategy, the Department does not at this time propose
to acquire any specific parcel of land or interests in land within the boundaries of the
Economic Development Area. At the time the Department proposes to acquire specific
parcels of land, the required procedures for amending the Plan under the Act will be
followed, including notice by publication and to affected property owners and a public
hearing.
8. The Commission finds that no residents of the Economic Development
Area will be displaced by any project resulting from the Plan, and therefore finds that it
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does not need to give consideration to transitional and permanent provisions for adequate
housing for the residents.
9. The Plan is hereby in all respects approved, and the secretary of the
Commission is hereby directed to file a certified copy oftheTlan with the minutes of this
meeting. The Economic Development Area is hereby designated as an "economic
development area" under Section 41 of the Act.
.10. The entire Economic Development Area is hereby designated as the
"WestClay 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. Any real property taxes 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 the
"WestClay Allocation Area Allocation Fund" for said allocation area that may be
used by the redevelopment district to do one or more of the things specified in
Section 39(b)(2) 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 July 15 of each year, the
Commission. shall take the actions set forth in Section 39(b)(3) of the Act.
11. The foregoing allocation provision set forth in Section 10 shall expire on
the date that is thirty (30) years after.the effective date of this resolution.
12. The officers of the Commission are hereby directed to make any and all
required filings with the Indiana Department of Local Government Finance and the
Hamilton County Auditor in connection with the creation of the allocation area.
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13. The provisions of this Resolution shall be subject in all respects to the Act
and any amendments thereto.
14. This Resolution, together with any supporting data and together with the
Plan, shall be submitted to the Carmel Plan Commission (the "Plan Commission") and
the Common Council of the City of Carmel (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, after public
notice as required by the Act.
Adopted the 22nd' day of December, 2006.
CITY OF CARMEL REDEVELOPMENT
COMMISSION
?P esident
Vice President
Secretary
i
Member
Member
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EXHIBIT A
Description of the WestClav Economic Development Area and WestClav Allocation Area
The WestClay Economic Development Area and WestClay Allocation Area is described as
follows:
Beginning at the point of intersection of the west right of way line of Towne Road and the south
right of way line of 131" Street,
then proceeding westward along the south right of way line of 131" Street to the point of
intersection with the western boundary of parcel 17-09-29-00-00-012.001,
then proceeding southward along the western boundary of parcel 17-09-29-00-00-012.001, to the
point of intersection with the southern boundary of that parcel,
then proceeding eastward along.the south property line of parcel 17-09-29-00-00-012.001 to the
point of Intersection with the western boundary of parcel 17-09-29-00-14-010.000,
then proceeding eastward and southward along the south property line of parcel 17-09-29-00-14-
010.000 to the southwest comer of that parcel,
then turning eastward along the south property line of parcel 17-09-29-00-14-010.000 to the point
of intersection with the west right of way line of Towne Road,
then turning northward to the point of beginning,
the aforementioned legal description to contain two parcels, according to the Hamilton County Auditor's
website: 17-09-29-00-00-012.001 and 17-09-29-00-14-010.000.
INDS91 ODD 9080590
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