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.
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(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
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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
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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.
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