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HomeMy WebLinkAboutCRC-05-2001 Merchants Pointe EDA RESOLUTION NO. 5— 2001 b DECLARATORY RESOLUTION OF THE CARMEL REDEVELOPMENT COMMISSION WHEREAS, the City of Carmel "City Redevelopment Commission "Commission has investigated, studied and surveyed economic development areas within the corporate boundaries of the City; and WHEREAS, the Commission has selected an economic development area to be developed under IC 36 -7 -14 and IC 36 -7 -25 (collectively, "Act and WHEREAS, the Commission has prepared an economic development plan "Plan") for the selected economic development area, which Plan is attached to and incorporated by reference in this resolution; and WHEREAS, the Commission has caused to be prepared: (1) Maps and plats showing: (A) the boundaries of the economic development area, the location of various parcels of property, streets, alleys, and other features affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the economic development of the area, indicating any parcels of property to be excluded from the acquisition; and (B) the parts of the acquired areas that are to be devoted to public ways, levees, sewerage, parks, playgrounds; and other public purposes under the Plan; and (2) An estimate of the cost of redevelopment and economic development; and WHEREAS, the Commission has caused to be prepared a factual report "Report") in support of the findings contained in this resolution, which Report is attached to and incorporated by reference in this resolution; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION THAT: (1) The Commission has selected as an economic development area an area within its corporate boundaries, which area the Commission is hereby designating as the Merchants' Pointe Economic Development Area "Area and which Area is described in Exhibit A. (2) The Commission finds that the Plan for the Area: (A) Promotes significant opportunities for the gainful employment of the citizens of the City; (B) Attracts major new business enterprises to the City; (C) Retains or expands a significant business enterprise existing in the City; (D) Benefits the public health, safety, morals and welfare of the citizens of the City; (E) Increases the economic well -being of the City and the State of Indiana; and (F) Serves to protect and increase property values in the City and State of Indiana. (3) The Commission finds that the Plan cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed the Commission under IC 36 -7 -14 because of: (A) The lack of local public improvements; and (B) Other similar conditions, specifically: The cost of infrastructure improvements needed to serve the Area prevents the improvements from being accomplished by private enterprise and there is no regulatory process available to build infrastructure or provide incentives to encourage the economic growth. (4) The Commission finds that the public health and welfare will be benefitted by the accomplishment of the Plan for the Area by the construction of infrastructure improvements including road, irrigation and drainage improvements serving areas and properties within and around the Area and enhanced utility service such as extensions to water and sewer mains. The public health and welfare will also be benefitted by the development of a first -class development comprised of blended office, retail, services uses, restaurants and financial institutions. (5) The Commission finds that the accomplishment of the Plan will be of public utility and benefit as measured by the attraction of permanent jobs; an increase in the property tax base and improved diversity of the economic base. (6) The plan for the Area conforms to other development and redevelopment plans for the City. (7) The Commission does not now propose to acquire interests in real property within the boundaries of the Area. If the Commission determines that it is necessary to acquire real property in the Area, it will amend the Plan and this Resolution prior to any acquisition. (8) The Commission estimates that the cost of implementing the Plan is currently estimated to be $825,000; however, the firm costs will be determined at the time of any financings. 2 (9) The Commission finds that no residents of the Area will be displaced by any project resulting from the Plan, and, therefore, the Commission finds that it does not need to give consideration to transitional and permanent provisions for adequate housing for the residents. (10) This paragraph shall be considered the allocation provision for the purpose of IC 36- 7-14-39. The entire Area shall constitute an allocation area as defined in IC 36- 7 -14 -39 "Allocation Area Any property taxes levied on or after the effective date of this resolution by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in the allocation area shall be allocated and distributed in accordance with IC 36- 7 -14 -39 or any applicable successor provision. This allocation provision shall expire no later than 30 years after the effective date of this resolution. (11) All of the rights, powers, privileges, and immunities that may be exercised by the Commission in a Redevelopment Area or Urban Renewal Area may be exercised by the Commission in the Area, subject to the limitations in IC 36- 7- 14 -43. (12) The presiding officer of the Commission is hereby authorized and directed to submit this resolution, the Plan and the Factual Report to the Carmel/Clay Plan Commission "Plan Commission for its approval. (13) The Commission also directs the presiding officer, after receipt of the written order of approval of the Plan Commission which has been approved by the Common Council to publish notice of the adoption and substance of this resolution in accordance with IC 5 -3 -1 -4 and to file notice with the Plan Commission, the Board of Zoning Appeals, the Board of Public Works, the Park Board, the building commissioner and any other departments or agencies of the City concerned with unit planning, zoning variances, land use or the issuance of building permits. The notice must state that maps and plats have been prepared and can be inspected at the office of the City's department of redevelopment and must establish a date when the Commission will receive and hear remonstrances and objections from persons interested in or affected by the proceedings pertaining to the proposed project and will determine the public utility and benefit of the proposed project. Copies of the notice must also be filed with the officer authorized to fix budgets, tax rates and tax levies under IC 6- 1.1 -17 -5 for each taxing unit that is either wholly or partly located within the proposed Allocation Area. (14) The Commission also directs the presiding officer to prepare or cause to be prepared a statement disclosing the impact of the Allocation Area, including the following: (A) The estimated economic benefits and costs incurred by the Allocation Area, as measured by increased employment and anticipated growth of real property, personal property and inventory assessed values; and (B) The anticipated impact on tax revenues of each taxing unit that is either wholly or partly located within the Allocation Area. A copy of this statement shall be filed with each such taxing unit with a copy of the notice required 3 under Section 17 of the Act at least 10 days before the date of the hearing described in Section 13 of this resolution. (15) The Commission further directs the presiding officer to submit this resolution to the Common Council for its approval of the establishment of the Area. (16) This Resolutionnhall be effective as of its date of adoption. Adopted l 2001 CARMEL REDEVELOPMENT COMMISSION --7 1 47 Y President r/ Vice President 0 gl, ;Q 4-4.1c s11IV i ii AO M Member ATTEST: Secret. f 4736 -2: #246975 4 EXHIBIT A Legal Description The boundaries of the proposed Economic Development Area (ED Area) are described as follows: Part of the North Half of Section 6, Township 17 North, Range 4 East in Clay Township, Hamilton County, Indiana, described as follows: Commencing at the Northwest corner of Section 6, Township 17 North, Range 4 East; thence South 89 degrees 53 minutes 03 seconds East (assumed bearing) on the North line of said Section 6, (being a straight Tine between said Northwest corner and the Southeast corner of Section 31, Township 18 north, Range 4 East as said corners were monumented with Harrisan Workers on September 23, 1999) a distance of 2265.00 feet to the Northeast corner of WOODLAND GOLF CLUB SUBDIVISION, a subdivision in Hamilton County, Indiana the plat of which is recorded on pages 545 and 546 of Deed Record 136 in the Office of the Recorder of Hamilton County, Indiana, said corner being the PLACE OF BEGINNING of the within described real estate; hence continuing South 89 degrees, 53 minutes, 03 seconds East on said North line of section 6, a distance of 58.41 feet to a point that is 750.00 feet West of the centerline of Indiana State Road 431, (designated as line "E" on I.S.H.C. plans for Project Number S -165 (13), dated 1959 and revised August 3; 1964); thence South 00 degrees 04 minutes 33 seconds West, passing through a I.S.H.C. Right of Way Marker, a distance of 18.01 feet to the Southerly right -of -way line of 116' Street at point that is 20.00 feet South 00 degrees 04 minutes 33 West of survey line "5 -6 -E" on said I.S.H.C. plans; (the following three courses are on said Southerly right -of -way line) 1.) thence South 75 degrees 53 minutes 16 seconds East 103.08 feet to a point that is 45.00 feet South of said survey line "5-6-E"; 2.) thence South 89 degrees 06 minutes 20 seconds East 350.04 feet to a point that is 50.00 seconds feet South of said survey line, 3.) thence 87 degrees 03 minutes 42 seconds East 100.13 feet to a point that is 55.00 feet South of said survey line, said Point being on the Westerly limited access right -of -way line of said Indiana State Road 431, per the aforesaid I.S.H.C. plans; thence South 48 degrees 51 minutes 27 seconds East on said right -of -way line 126.28 feet to a Pointe that is 105.00 feet west of line "E" on said plans, thence South 02 degrees 52 minutes 32 seconds East on right-of-way line 200.35 feet, thence South 00 degrees 42 minutes 11 second West on said right -of -way line 347.17 feet; thence North 79 degrees 19 minutes 04 seconds West 1002.87 feet; thence North 33 degrees 33 minutes 52 second West 446.74 feet to the Southeast corner of Lot Number 33 in the aforesaid WOODLAND GOLF CLUB SUBDIVISION, thence North 00 degrees 06 minutes 57 seconds East on the East line of said subdivision 127.00 feet to the place of beginning, containing 14.378 acres, more or less. FACTUAL REPORT IN SUPPORT OF FINDINGS CONTAINED IN RESOLUTION NO. S 2001 OF THE CARMEL REDEVELOPMENT COMMISSION 1. The Plan for the Merchants' Pointe Economic Development Area "Area will promote significant opportunities for the gainful employment of citizens of the City of Carmel "City by bringing enhanced infrastructure to the site to encourage economic development. 2. The Plan will attract major new business enterprises to the City by making the land attractive for development with the construction of road improvements, as well as drainage serving or benefitting the Area. The Plan may also attract the construction of first -class retail facilities serving the local citizenry. 3. The planning, replanning, development, and redevelopment of the Area will benefit the public health, safety, morals and welfare; increase the economic well -being of the City and the State of Indiana; and serve to protect and increase property values in the City and the State of Indiana by the construction of infrastructure improvements including road improvements to 116` Street, enhanced utility service such as extensions to water and sewer mains, and improved drainage. 4. The Plan for the Area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to IC 36 -7 -14 (the redevelopment statute) because of the lack of local public improvements and the lack of a regulatory process available to build the infrastructure to provide incentives to encourage the economic growth contemplated in the Plan. 5. The accomplishment of the Plan for the Area will be of public utility and benefit as measured by (1) the potential for job opportunities with a site that has the required infrastructure for economic development; (2) the addition of first -class retail facilities to serve the citizens; and (3) improved diversity of the economic base by the availability of a development -ready sites for commercial and/or retail enterprises, which would compliment the City's existing economic development objectives. 249612.1