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HomeMy WebLinkAboutCRC Resolution No. 2025-04 (Gramercy East Phases 5-7 Declaratory)(46938229.1)RESOLUTION NO. 2025-04 RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION AMENDING THE DECLARATORY RESOLUTION AND THE ECONOMIC DEVELOPMENT PLAN FOR THE GRAMERCY ECONOMIC DEVELOPMENT AREA (Gramercy East – Phases 5–7) 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 an economic development area known as the “Gramercy Economic Development Area” (the “Area”), designated portions thereof as an allocation area pursuant to Section 39 of the Act, and approved and amended a development plan for the Area (the “Plan”) pursuant to the Act; and WHEREAS, on March 19, 2025, the Commission adopted a resolution to amend the Declaratory Resolution and the Plan in order to, among other things, adopt a supplement to the Plan which was attached as Exhibit D thereto (the “2025 Plan Supplement”); and WHEREAS, the Commission now desires to simultaneously (i) designate the parcels described on Exhibit A hereto (the “2025 Area”) as an economic development area under the Act, (ii) adopt an economic development plan for the 2025 Area, and (iii) consolidate the 2025 Area and the existing Area into a single economic development area (the “Consolidation”), at which time the 2025 Area will thereafter constitute a portion of the Area; and WHEREAS, the Commission now further desires to amend the Declaratory Resolution and Plan in order to: (i) incorporate and effectuate the Consolidation; (ii) designate a portion of the 2025 Area identified on Exhibit B hereto as a separate allocation area within the Area, pursuant to Section 39 of the Act, to be known as the “Gramercy East – Phase 5 Allocation Area;” (iii) designate a portion of the 2025 Area identified on Exhibit C hereto as a separate allocation area within the Area, pursuant to Section 39 of the Act, to be known as the “Gramercy East – Phase 6 Allocation Area;” and (iv) designate a portion of the 2025 Area identified on Exhibit D hereto as a separate allocation area within the Area, pursuant to Section 39 of the Act, to be known as the “Gramercy East – Phase 7 Allocation Area” (clauses (i) through and including (iv), together with the 2025 Plan Supplement, collectively, the “2025 Amendments”); and WHEREAS, the 2025 Amendments and supporting data were reviewed and considered at this meeting; and WHEREAS, Section 39 of the Act permits 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 2 WHEREAS, Sections 41 and 43 of the Act permit the creation of “economic development areas” and 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 may be exercised in an economic development area, subject to the conditions set forth in the Act; and WHEREAS, this Commission deems it advisable to apply the provisions of said Sections 15-17, 39, 41 and 43 of the Act to the 2025 Amendments; and WHEREAS, the Commission now desires to approve the 2025 Amendments. NOW, THEREFORE, BE IT RESOLVED by the City of City of Carmel Redevelopment Commission, governing body of the City of Carmel Redevelopment District, as follows: 1. The Commission hereby finds that the 2025 Amendments promote significant opportunities for the gainful employment of the citizens of the City of Carmel, Indiana (the “City”), the attraction of major new business enterprises to the City, the retention and expansion of significant business enterprises existing in the boundaries of the City, and meet 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 existing Plan, as amended by the 2025 Plan Supplement, is hereby adopted as the economic development plan for the 2025 Area. The Commission hereby finds that the Plan, as amended by the 2025 Plan Supplement, 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 the lack of local public improvements, the existence of improvements or conditions that lower the value of the land below that of nearby land, multiple ownership of land and other similar conditions. 3. The public health and welfare will be benefited by accomplishment of the 2025 Amendments. 4. It will be of public utility and benefit to amend the Declaratory Resolution and the Plan for the Area as provided in the 2025 Amendments and to continue to develop the Area, as amended the 2025 Amendments, under the Act. 5. The accomplishment of the Plan for the Area, as amended by the 2025 Amendments, 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 and the Plan, as amended by this Resolution and the 2025 Plan Supplement, conform to the comprehensive plan of development for the City. 7. The 2025 Amendments are reasonable and appropriate when considered in relation to the Declaratory Resolution and Plan and the purposes of the Act. 3 8. The findings and determinations set forth in the Declaratory Resolution and the Plan are hereby reaffirmed. 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, as amended by the 2025 Plan Supplement. 10. The 2025 Area is hereby designated as an “economic development area” under Section 41 of the Act, and consolidated with the Area into a single economic development area, and thereby constitutes a portion of the Area. 11. The Plan, as amended by the 2025 Plan Supplement, is hereby designated as the economic development plan for the Area, including the 2025 Area. 12. The Commission does not at this time propose to acquire any specific parcel of land or interests in land within the boundaries of the Area, as amended by the 2025 Amendments. If at any time the Commission proposes to acquire specific parcels of land, the required procedures for amending the Plan, as amended by the 2025 Plan Supplement, under the Act will be followed, including notice by publication to affected property owners and a public hearing. 13. The Commission finds that no residents of the Area will be displaced by any project resulting from the Plan, as amended by the 2025 Plan Supplement, and therefore finds that it does not need to give consideration to transitional and permanent provision for adequate housing for the residents. 14. The 2025 Amendments are hereby in all respects approved. 15. The area described in Exhibit B is hereby designated as a separate “allocation area” pursuant to Section 39 of the Act to be known as the “Gramercy East – Phase 5 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 Ind. Code 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 Gramercy East – Phase 5 Allocation Area hereby designated as the “Gramercy East – Phase 5 Allocation Fund” and may be used by the redevelopment district to do one or more of the things specified in Section 39(b)(4) 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 permitted by the Act. 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)(5) of the Act. 4 16. The area described in Exhibit C is hereby designated as a separate “allocation area” pursuant to Section 39 of the Act to be known as the “Gramercy East – Phase 6 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 Ind. Code 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 Gramercy East – Phase 6 Allocation Area hereby designated as the “Gramercy East – Phase 6 Allocation Fund” and may be used by the redevelopment district to do one or more of the things specified in Section 39(b)(4) 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 permitted by the Act. 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)(5) of the Act. 17. The area described in Exhibit D is hereby designated as a separate “allocation area” pursuant to Section 39 of the Act to be known as the “Gramercy East – Phase 7 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 Ind. Code 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 Gramercy East – Phase 7 Allocation Area hereby designated as the “Gramercy East – Phase 7 Allocation Fund” and may be used by the redevelopment district to do one or more of the things specified in Section 39(b)(4) 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 permitted by the Act. 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)(5) of the Act. 18. The foregoing allocation provisions shall apply to the Gramercy East – Phase 5 Allocation Area, the Gramercy East – Phase 6 Allocation Area, and the Gramercy East – Phase 7 Allocation Area, respectively (collectively, the “New Gramercy Allocation Areas”). The A-1 EXHIBIT A Map and Description of Parcels in the 2025 Area The 2025 Area consists of the red-shaded parcels depicted in the map set forth below, together with any and all public ways, streams or rights-of-way that physically connect any of the described areas to each other and to the existing Gramercy Economic Development Area. The 2025 Area shall be consolidated with, and form a part of, the Gramercy Economic Development Area. All of the following parcels comprise the 2025 Area. PARCEL ID NUMBERS: 16-10-31-00-00-023.002 16-10-31-00-00-023.102 16-10-31-00-00-023.000 B-1 EXHIBIT B Gramercy East – Phase 5 Allocation Area The Gramercy East – Phase 5 Allocation Area consists of the territory in the blue-shaded area shown in the maps below. The parcel identification number or numbers for the Gramercy East – Phase 5 Allocation Area shall be determined and provided to the Hamilton County Auditor’s within thirty (30) days after the Commission takes final action on this resolution. C-1 EXHIBIT C Gramercy East – Phase 6 Allocation Area The Gramercy East – Phase 6 Allocation Area consists of the territory in the orange-shaded area shown in the maps below. The parcel identification number or numbers for the Gramercy East – Phase 6 Allocation Area shall be determined and provided to the Hamilton County Auditor’s within thirty (30) days after the Commission takes final action on this resolution. DMS 46700986.1 D-1 EXHIBIT D Gramercy East – Phase 7 Allocation Area The Gramercy East – Phase 7 Allocation Area consists of the territory in the red-shaded area shown in the maps below. The parcel identification number or numbers for the Gramercy East – Phase 7 Allocation Area shall be determined and provided to the Hamilton County Auditor’s within thirty (30) days after the Commission takes final action on this resolution.