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HomeMy WebLinkAbout2021-R-13 Resolution Amending & Enlarging the Boundaries of the Riverfront Development Project Area (Recorded with Clark County Recorder) 63Ag( 202117977 ORD $25.00 07/20/2021 09:50:13A 10 PGS RESOLUTION NO. 7Oc /— '- /- 1 Terry Conway Clark County Recorder IN Recorded as Presented CITY OF JEFFERSONVILLE, INDIANA IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIII III IIIIIIIII IIII COMMON COUNCIL. RESOLUTION AMENDING AND ENLARGING THE BOUNDARIES OF THE RIVERFRONT DEVELOPMENT PROJECT AREA WHEREAS, the Jeffersonville (City) Redevelopment Commission (Commission) is the governing body of the Jeffersonville Redevelopment District (Redevelopment District) established and operating in accordance with IC 36-7-14 and IC 36-7-25 (the Act); WHEREAS, on April 27, 1982, the Commission adopted a declaratory resolution establishing the Falls Landing Riverfront Redevelopment Area (Riverfront Area), and the declaratory resolution was confirmed by a confirmatory resolution adopted on May 26, 1982 (collectively the declaratory resolution and the confirmatory resolution are referred to as the Riverfront Area Resolution); WHEREAS, the Riverfront Area Resolution approved the redevelopment plan (Falls Landing Plan) for the Riverfront Area, which contained specific recommendations for the redevelopment of the Riverfront Area and established an allocation area (Riverfront Allocation Area) in accordance with IC 36-7-14-39 for the purposes of capturing property taxes generated from the incremental assessed value of real property located in the Riverfront Allocation Area; WHEREAS,the Riverfront Area was expanded and enlarged with the subsequent adoption of resolutions on December 19, 2002, May 28, 2003, and July 1, 2003; WHEREAS, on December 15, 2003, the Common Council of the City adopted Resolution 2003-R-20 delineating the boundaries of the Riverfront Area for purposes of notifying the Indiana Alcohol and Tobacco Commission of the establishment of a riverfront development project in accordance with IC 7.1-3-20-16 and IC 7.1-3-20-16.1 to enable certain businesses to seek certain alcoholic beverage permits under IC 7-1.3; WHEREAS, on November 1, 2000, the Commission adopted a declaratory resolution establishing the Gateway Redevelopment Area (Gateway Area), and the declaratory resolution was confirmed by a confirmatory resolution adopted on March 28, 2001 (collectively the declaratory resolution and the confirmatory resolution are referred to as the Gateway Area Resolution); WHEREAS, the Gateway Area Resolution approved the redevelopment plan for the Gateway Area (Gateway Plan), which contained specific recommendations for the redevelopment of the Gateway Area and established an allocation area (Gateway Allocation Area) in accordance with IC 36-7-14-39 for the purposes of capturing property taxes generated from the incremental assessed value of real property located in the Gatewayy ' nn Allocation Area; $fop AN re& JUL 2 0 2021 WHEREAS, on May 10, 2004, the Commission adopted a declaratory resolution consolidating the Riverfront Area and the Gateway Area (Consolidated Area), and enlarging the Consolidated Area and the declaratory resolution was confirmed by a confirmatory resolution adopted on May 28,2004(collectively the declaratory resolution and the confirmatory resolution are referred to as the Consolidated Area Resolution and the Falls Landing Plan and the Gateway Plan are referred to as the Consolidated Plan); WHEREAS, the Consolidated Area Resolution approved the redevelopment plan for the Consolidated Area, which contained specific recommendations for the redevelopment of the Consolidated Area (Consolidated Plan); WHEREAS, on April 28, 2021,the Commission adopted Amending Declaratory Resolution (2021 Declaratory Resolution) to expand the boundaries of the Consolidated Area by: (i) adding certain real property to the Consolidated Area to encourage additional riverfront projects in accordance with IC 7.1-3-20-16 and IC 7.1-3-20-16.1; and (ii) amend the Consolidated Plan to enable additional businesses to seek certain alcoholic beverage permits under IC 7-1.3 (2021 Additional Area); WHEREAS, on May 25, 2021, the Plan Commission issued its order: (i) finding and determining that the 2021 Declaratory Resolution and the Amended Plan conform to the plan of development for the City; and (ii) approving the 2021 Declaratory Resolution and Consolidated Plan, as amended; WHEREAS, on June 7, 2021, the Common Council of the City adopted a resolution approving the Plan Commission Order; WHEREAS, on June 30, 2021, following notice and a public hearing, the Redevelopment Commission adopted a resolution modifying and confirming the 2021 Declaratory Resolution and, the Consolidated Plan, as amended; WHEREAS, IC 7.1-3-20-16 authorizes the Alcohol and Tobacco Commission to may issue a three-way,two-way,or one-way permit to sell alcoholic beverages for on-premises consumption only to an applicant who is the proprietor, as owner or lessee, or both, of a restaurant within a redevelopment project area: (i) consisting of a building or group of buildings that has been redeveloped or renovated, with the redevelopment or renovation being funded in part with grants from the federal, state, or local government; or (ii) located within a municipal riverfront development project area funded in part with state and city money; and WHEREAS, the Common Council adopted a resolution in 2003 establishing the original boundaries of a riverfront development project area (Riverfront Area) in the City and now desires to expand the boundaries of the Riverfront Area to include the 2021 Additional Area within the Riverfront Area; 2 . a NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA,THAT: Section 1. The Common Council hereby amends and enlarges the boundaries of the Riverfront Area as set out in Exhibit A attached hereto Section 2. This resolution is effective from and after adoption. Adopted by the Common Council of the City of Jeffersonville, Indiana, this ' day of July 2021. President ATTEST: Lisa Gill, ity Clerk Presented by me to the Mayor of the City of Jeffersonville this--(J" day of July 2021. Lisa(GA I, City rk Approved and signed by me this (p day of ___ 021. Mike Moor Mayor 3 Common Council of the City of Jeffersonville,Indiana VOTED FOR: VOTED AGAINST: - / > _ jedia-Czi C1 Matt Owen, President ATTEST,Lo. Lisa GiII City Clerk Prepared by: Les Merkley Corporate Counsel "Exhibit A" JEFFERSONVILLE REDEVELOPMENT COMMISSION RESOLUTION NO. 2O2I- 2 -1 RESOLUTION CONFIRMING THE AMENDING DECLARATORY OF THE JEFFERSONVILLE REDEVELOPMENT COMMISSION ENLARGING THE CONSOLIDATED REDEVELOPMENT AREA WHEREAS, the Jeffersonville (City) Redevelopment Commission (Commission) is the governing body of the Jeffersonville. Redevelopment District (Redevelopment District), established and operating in accordance with IC 36-7-14 and IC 36-7-25 (the Act); WHEREAS, on April 27, 1982, the Commission adopted a declaratory resolution establishing the Falls Landing Riverfront Redevelopment Area (Riverfront Area), and the declaratory resolution was confirmed by a confirmatory resolution adopted on May 26, 1982 (collectively the declaratory resolution and the confirmatory resolution are referred to as the Riverfront Area Resolution); WHEREAS, the Riverfront Area Resolution approved the redevelopment plan (Falls Landing Plan) for the Riverfront Area, which contained specific recommendations for the redevelopment of the Riverfront Area and established an allocation area (Riverfront Allocation Area) in accordance with IC 36-7-14-39 for the purposes of capturing property taxes generated from the incremental assessed value of real property located in the Riverfront Allocation Area; WHEREAS, the Riverfront Area was expanded and' enlarged with the subsequent adoption of resolutions on December 19, 2002, May 28, 2003, and July 1, 2003; WHEREAS, on December 15, 2003, the Common Council of the City adopted Resolution 2003-R-20 delineating the boundaries of the Riverfront Area for purposes of notifying the Indiana Alcohol and Tobacco Commission of the establishment of a riverfront development project in accordance with IC 7.1-3-20-16 and IC 7.1-3-20-16.1 to enable certain businesses to seek certain alcoholic beverage permits under IC 7-1.3; WHEREAS, on November 1, 2000, the Commission adopted a declaratory resolution establishing the Gateway Redevelopment Area (Gateway Area), and the declaratory resolution was confirmed by a confirmatory resolution adopted on March 28, 2001 (collectively the declaratory resolution and the confirmatory resolution are referred to as the Gateway Area Resolution); WHEREAS, the Gateway Area Resolution approved the redevelopment plan for the Gateway Area (Gateway Plan), which contained specific recommendations for the redevelopment of the Gateway Area and established an allocation area (Gateway Allocation Area) in accordance with IC 36-7-14-39 for the purposes of capturing property taxes generated from the incremental assessed value of real property located in the Gateway Allocation Area; WHEREAS, on May 10, 2004, the Commission adopted a declaratory resolution consolidating the Riverfront Area and the Gateway Area (Consolidated Area), and enlarging the Consolidated Area and the declaratory resolution was confirmed by a confirmatory resolution adopted on May 28, 2004 (collectively the declaratory resolution and the confirmatory resolution are referred to as the Consolidated Area Resolution and the Falls Landing Plan and the Gateway Plan are referred to as the Consolidated Plan); WHEREAS, the Consolidated Area Resolution approved the redevelopment plan for the Consolidated Area, which contained specific recommendations for the redevelopment of the Consolidated Area (Consolidated Plan); WHEREAS, on April 28, 2021, the Commission adopted Amending Declaratory Resolution (2021 Declaratory Resolution) to expand the boundaries of the Consolidated Area by: (i) adding certain real property to the Consolidated Area to encourage additional riverfront projects in accordance with IC 7.1-3-20-16 and IC 7.1-3-20-16.1; and (ii) amend the Consolidated Plan to enable additional businesses to seek certain alcoholic beverage permits under IC 7-1.3 (2021 Additional Area); WHEREAS, on May 25, 2021, the Plan Commission issued its order: (i) finding and determining that the 2021 Declaratory Resolution and the Amended Plan conform to the plan of development for the City; and (ii) approving the 2021 Declaratory Resolution and Consolidated Plan, as amended; a copy' of which was submitted to this meeting; WHEREAS, on June 7, 2021, the Common Council of the City adopted a resolution approving the Plan Commission order; ' WHEREAS, on June 18, 2021, the Commission published notice in the News & Tribune of the adoption and substance of the 2021 Declaratory Resolution, and of a public hearing on the 2021 Declaratory Resolution and Amended Plan, in accordance with IC 36-7-14-17 and IC 5-3-1; WHEREAS, the notice provided that the 2021 Declaratory Resolution contains an allocation provision with respect to the 2021 Area, and the Commission will amend the 2021 Declaratory Resolution to remove the allocation provision from , the 2021' Declaratory Resolution; WHEREAS, copies of the notice were filed in the office of the Plan Commission, the Board of Zoning Appeals, the Building Commissioner, and any other offices, 'agencies or departments having to do with City planning, variances from zoning ordinances, land use or the issuance of building permits; and 2 • WHEREAS, on March 31, 2021, the Commission conducted a public hearing at which the Commission heard from all persons interested in or affected by the proceedings pertaining to the proposed projects or other actions to be taken under the 2021 Declaratory Resolution and considered all written remonstrances or objections that were filed; NOW, THEREFORE, BE IT RESOLVED BY THE.JEFFERSONVILLE REDEVELOPMENT COMMISSION, THAT: Section 1. The 2021 Declaratory Resolution and the Amended Plan as approved by the Commission on January 27, 2021, copies of which are attached hereto and incorporated herein, are hereby modified by deleting the allocation provision with respect to the 2021 Additional Area and all references the establishment of an allocation area in the 2021 Additional Area. In all other respects, the 2021 Declaratory Resolution and Amended Plan are ratified and confirmed. Section 2. The Commission finds and determines that the Amended Plan, as modified by the resolution: • are reasonable and appropriate when considered in relation to the Original Resolution and Original Plan and the purposes of the Act; and • will be of public utilityand benefit. Section 3. The Commission finds and determines that no residents of the Area will be displaced by the Amended Plan and the Commission is not required to develop plans for transitional or permanent provisions for housing for residents of the Area. Section 4. The Secretary of the Commission is hereby directed to file a copy of this resolution, together with the Original Declaratory Resolution, Amended Plan and Factual Report, together with lists of parcel numbers of real property in the Allocation Area, with: (i) the Clark County Recorder; (ii) the Clark County Auditor; and (iii).the Department of Local Government Finance no later than July 30, 2021. 3 Section 5. This resolution shall be effective from and after passage. Adopted this 30th day of June 2021. JEFFERS NVILLE REDEVELOPMEN COMMISSION President _� �� Member Memb r Member M • _ _ ki/..._. ..,„_,-, -, ,lllf 4f -L .h r 7 r r v , • ,,,:),,, . 1 v' -'' r: i e,� `"' - - ems- _~`_— J - • - _ dnorp 2,-__ j , STREET -' -i-k-. 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PHASE- II LIMITED SUBSURFACE INVESTIGATION ASHOWN "pp GATEWAY PROJECT ►ram, i WEST 7th STREET AND INDIANA AVENUE - i - -- JEFFERSONVILLE, INDIANA 47130 - i • I Parcel #'s for TIF Expansion 2021 10-19-00-101-543.000-010 10-19-00-101-548.000-010 10-19-00-101-542.000-010 10-19-00-101-547.000-010 10-19-00-101-527.000-010 10-19-00-101-546.000-010 10-19-00-101-528.000-010 10-19-00-101-545.000-010 10-19-00-101-529.000-010 10-19-00-101-544.000-010 10-19-00-101-494.000-010 10-19-00-101-487.000-010 10-19-00-101-488.000-010 10-19-00-101-495.000-010 10-19-00-101-493.000-010 10-19-00-101-492.000-010