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HomeMy WebLinkAbout2023-R-5 Declaratory Resolution establishing the Jeff Boat Redevelopment Area and Allocation Area & Approving a Redevelopment Plan RESOLUTION NO. 2023-R- J BEFORE THE JEFFERSONVILLE REDEVELOPMENT COMMISSON STATE OF INDIANA DECLARATORY RESOLUTION OF THE JEFFERSONVILLE REDEVELOPMENT COMMISSION ESTABLISHING THE JEFF BOAT REDEVELOPMENT AREA AND ALLOCATION AREA AND APPROVING A REDEVELOPMENT PLAN WHEREAS, 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, the Commission has investigated, studied, and surveyed areas needing redevelopment within the corporate boundaries of the City; WHEREAS, the Commission has selected an area needing redevelopment to be redeveloped and acquired under Act; WHEREAS, the Commission will replan and dispose of the area needing redevelopment in the manner that best serves the social and economic interests of the City and its inhabitants; WHEREAS, the Commission has prepared a redevelopment plan (Plan) for the selected redevelopment project area, which plan is attached hereto and incorporated by reference in this resolution: WHEREAS, the Commission has caused to be prepared: (1) maps and plats showing: (A) the boundaries of the redevelopment project area in which property would be acquired for, or otherwise affected by, the establishment of a redevelopment project area; (B) the location of the various parcels of property, streets, alleys, and other features affecting the acquisition, clearance, remediation, replatting, replanning, rezoning, or redevelopment of the area, indicating any parcels of property to be excluded from the acquisition or otherwise excluded from the effects of the establishment of the redevelopment project area; and (C) the parts of the area acquired, if any, that are to be devoted to public ways, levees, sewerage, parks, playgrounds, and other public purposes under the Plan; (2) lists of the owners of the various parcels of property proposed to be acquired for, or otherwise affected by. the establishment of the redevelopment project area; and (3) an estimate of the costs, if any, to be incurred for the acquisition and redevelopment of property; 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 hereto and incorporated herein by reference in this resolution; NOW, THEREFORE, BE IT RESOLVED BY THE JEFFERSONVILLE REDEVELOPMENT COMMISSION: Section 1. The Commission has selected a redevelopment project area within its jurisdiction, which the Commission hereby designates as the Jeff Boat Redevelopment Project Area (Redevelopment Project Area) and which Redevelopment Project Area is described in Exhibit A. Section 2. The Commission finds that: (1)the Redevelopment Project Area is an area needing redevelopment; (2) the conditions described in IC 36-7-1-3 cannot be corrected in the Area by regulatory processes or the ordinary operations of private enterprise without resort to the Act; (3) the public health and welfare will be benefited by the acquisition and redevelopment of the Redevelopment Project Area the Act as a redevelopment project area; (4) the Redevelopment Project Area is a menace to the social and economic interest of the City and its inhabitants; (5) it will be of public utility and benefit to acquire the area and redevelop it under the Act; and (6) the Plan for the Redevelopment Project Area consists of public uses and purposes for which public money may be spent and private property may be acquired. Section 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 to the Commission under the Act (But For) because of: (A) The lack of local public road and sewer improvements; (B) Existence of conditions that lower the value of the land below nearby land; and (C) The lack of public facilities needed for potential industrial and commercial development to be realized. 2 Section 4. The Commission finds that the public health and welfare will be benefited by the accomplishment of the Plan for the Redevelopment Project Area, specifically by: : devoting parts of the area to public ways, levees, sewers, parks, greenspace and other public purposes. Section 5. The Commission finds that the Plan for the Redevelopment Project Area conforms to other development and redevelopment plans for the City. Section. 6. The Commission does not now plan to acquire interests in real property within the boundaries of the Redevelopment Project Area. If the Commission determines that it is necessary to acquire real property in the Redevelopment Project Area, it will amend the Plan and this resolution. Section 7. The Commission estimates that the cost of implementing the Plan will not exceed Eight Million Dollars and No Cents ($8,000,000.00). Section 8. The Commission finds that no residents of the Redevelopment Project Area will be displaced by a project resulting from the Plan. Section 9(a). This paragraph shall be considered the allocation provision for the purposes of IC 36-7-14-39. The entire Redevelopment Project 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 allocate and distributed in accordance with IC 36-7-14-39. Except as provided in subsection (b), this allocation provision shall expire not more than 25 years after the date on which the first obligation was incurred to pay principal and interest on bonds or lease rentals on leases payable from incremental property taxes allocated and distributed in accordance with IC 36-7-14-39. (b) The expiration date of this allocation provision may not be more than thirty-five (35) years after the date on which the Allocation Area is established if part of the project (Project)to be financed in the Allocation Area includes, as part of the Project, the use and repurposing of two (2) or more buildings and structures that are:(i) at least seventy-five (75) years old; and (ii) located at a site at which manufacturing previously occurred over a period of at least seventy-five (75) years. (c)The Commission finds that the adoption of this allocation provision will result in new property taxes in the Redevelopment Project Area that would not have been generated but for the adoption of the allocation provision. Section 10. The Secretary is instructed to submit this resolution and the Plan to the Jeffersonville Plan Commission ("Plan Commission") for approval. 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 building commissioner and 3 any other departments or agencies of the City concerned with unit planning, zoning variances, land use or the issuance of building permits. If any property is to be acquired, the notice must also be mailed to the owner or owners of real property being added to the acquisition list. 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 establishment of the Redevelopment Area and will determine the public utility and benefit of the proposed Project and the Redevelopment Project Area. 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 located either wholly or partly within the proposed Allocation Area. Section 11. The Commission also directs the presiding officer to prepare or cause to be prepared a statement disclosing the impact of creating the Allocation Area, including the following: (a) The estimated economic benefits and costs incurred, as measured by increased employment and anticipated growth of real property and personal property assessed values; and (b) The anticipated impact on tax revenues of each taxing unit that is either wholly or partly located within the new Allocation Area. A copy of this statement shall be filed with each such taxing unit with a copy of the notice required under Section 10 of the Act at least 10 days before the date of the hearing described in Section 13 of this Resolution. Section 12. This resolution is effective upon passage. Adopted at a meeting of the Commission held October 25, 2023, in Jeffersonville, Indiana. JEFFERSONVILLE REDEVELOPMENT COMMISSION By: By: By: By: By: 4 Exhibit A (Project Description and Map of Area) Development of riverfront property formerly known as Jeff Boat to include the both residential and commercial uses with dedicated public space. The project will include public infrastructure improvements including roads, sewers, utilities, levees and other public ways and greenspace. 5 _a. b iz ` S` . .. Von' • ' - ' j.,,,,, \,,,, .( -':4 Ner' ' '•'''' k% i's '4.-. ''' •'-'• • ' Legend ,,, .•). .•• ,.• -,, .4. • - ••••fx', .. •... .,:. -.• . . 7,,, ... '• .. . „,.. :00.,,• \,.. . , ,., ,.., . .., „ . I! Jeffboat TIF -• -t.• ..- -•,_„ ..,.. . .•!., •, . •...,,, ,s. -, -. v„...,,,,,,, ,.. , ......--,- . .._ . • ,-, •. - , ...-. ...-:.-. .,• irt I.P...4 ' :. '':. - '• ' ., oi Write a description for your map. ; '., - . : •- -.....- t-)‘-*‘--•:4,.-s-- . '• • s •'' 04,0 . 41‘. . -rug ,. . _ ... ..„..r . „ . . ..•. ,. , ...,... N.11... s e 't •V V ' q• ' ''-'•.' '' „ 4 . 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'€ ' ' ..,,rt• .,.r.;i0:= '.;;8,.. .. - - -.. -. ..,.';,....q- ,A4r. , • vogoo, .-.0F• „., -..t. -.r." •• .., --•-•";.,s:" '''''Vi ''. - • • •' • ,,- . „.•,., ,r'.,i',.• -,-,-•• /At\f,.N;1 1 . •': ' 0 •t ‘>- -. ,,,,-.-e-10-t'Aie;:".7-.;.,,,fi'f,- ":„--•-,,g, - ' •.::-':- : 7-' -, . . \ ..t. -,5.--- 4,,,-,'0‘ d • ••• d .-4; ••1' '. ' - s 'i:•',„.'. 'A;. •' W . 1 - . . •• ,.,..'',''''‘,4,t, - -,.. .•-•..,,,, , ,.2„, 24 \\- .,-; .. .. ... . ,,, S' e - • . •••; •,- i • •'• -iiii0011:, . .,. •4;. , .. -, i ,‘„,• .A.,-. gt4--•- 1. • .. ''..'' •-•".•• I ....,, • ' - - ,• '• -.i." '''...*„ . , ILI' `-;•, -:•• 0.C\ r„..• .,,114,,. • t ; • --••, ,..; ,-J.4...•••:. Earthe „.... .. .1-, .. ... 1' • i L, Plan for the Redevelopment of the Redevelopment Project Area Purpose and Introduction. This document is the Redevelopment Plan ("Plan") for the Jeff Boat Redevelopment Project Area ("Area")for Jeffersonville, Indiana ("City). It is intended for approval by the City's Common Council, the Jeffersonville Plan Commission and the Jeffersonville Redevelopment Commission ("Commission") in conformance with IC 36-7-14. Project Objectives. The purposes of the Plan are: To develop riverfront property formerly known as Jeff Boat to include the both residential and commercial uses with dedicated public space by making certain improvements to public infrastructure including roads, sewers, utilities, levees and other public ways and greenspace. The factual report attached to this Plan contains the supporting data for the above declared purposes of the Plan. Description of Project Area. The Area is in the City and is described as that area set forth on the map attached as Exhibit A to the Declaratory Resolution. Project Description. The redevelopment of the Area may include the capital improvements described as follows in, serving or benefitting the Area (collectively, "Projects"): • Public road and sewer improvements • Greenspace and parks • Other public facilities and public ways and the acquisition of necessary rights of way or easements. Acquisition of Property. The Commission has no immediate plans to acquire real property in the Area. If the Commission later determines to acquire real property, it will amend the declaratory resolution and this Plan. If privately owned parcels are needed, the Commission shall follow procedures in IC 36-7-14-19 in any current or future acquisition of property. The Commission may not exercise the power of eminent domain in an economic development area. 6 Procedures with respect to the Projects. In accomplishing the Projects, the Commission may proceed with the Projects before the acquisition of all interests in land in the Area. All contracts for material or labor in the accomplishment of the Projects shall, to the extent required by law, be let under IC 36-1. In the planning and rezoning of real property acquired or to be used' in the accomplishment of the Plan; the opening, closing, relocation and improvement of public ways; and the construction, relocation, and improvement of sewers and utility services; the Commission shall proceed in the same manner as private owners of the property. The Commission may negotiate with the proper officers and agencies to secure the proper orders, approvals, and consents. Any construction work required in connection with the Projects may be carried out by the appropriate municipal or county department or agency. The Commission may carry out the construction work if all plans, specifications, and drawings are approved by the appropriate department or agency and the statutory procedures for the letting of the contracts by the appropriate department or agency are followed by the Commission. The Commission may pay any charges or assessments made on account of orders, approvals, consents, and construction work with respect to the Projects or may agree to pay these assessments in installments as provided by statute in the case of private owners. None of the real property acquired for the Projects may be set aside and dedicated for public ways, parking facilities, sewers, levees, parks, or other public purposes until the Commission has obtained the consents and approval of the department or agency under whose jurisdiction they property will be placed. Disposal of Property. The Commission may dispose of real property acquired, if any, by sale or lease to the public after causing to be prepared two (2) separate appraisals of the sale value or rental value to be made by independent appraisers. However, if the real property is less than five (5) acres in size land the fair market value of the real property or interest has been appraised by one(1) independent appraiser at less than Ten Thousand Dollars($10,000), the second appraisal may be made by a qualified employee of the Department of Redevelopment. The Commission will prepare an offering sheet and will maintain maps and plats showing the size and location of all parcels to be offered. Notice will be published of any offering in accordance with IC 5-3-1. The Commission will follow the procedures of IC 36-7714-22 in making a sale or lease of real property acquired. In the alternative, thel Commission may follow any alternative procedures permitted by law. 7 Financing of the Projects. At the current time, the Commission plans to pay for the Projects on a pay-as-you-go basis from any funds legally available to the Commission, including tax increment revenues. The Commission may issue bonds to raise money for property acquisition and completion of the Projects in the Area. The amount of these bonds may not exceed the total, as estimated by the Commission of all expenses reasonably incurred in connection with the Projects, including: • The total cost of all land, rights-of-way, and other property to be acquired and developed; • All reasonable and necessary architectural, engineering, construction, equipment, legal, financing, accounting, advertising, bond discount and supervisory expenses related to the acquisition and development of the Projects or the issuance of bonds; • Interest on the,bonds(not to exceed 5 years from the date of issuance)and a debt service reserve for the bonds to the extent the Commission determines that a reserve is reasonably required; Viand • Expenses that the Commission is required or permitted to pay under IC 8-23-17. The Commission will comply with IC 36-7-14-25.1 with respect to the issuance of bonds. As an alternative to the issuance of bonds or in conjunction with it, the Commission may enter into a lease of any property that could be financed with the proceeds of bonds under IC 36-7-14. The lease is subject to the provisions of IC 36-7-14-25.2 and IC 36-7-14- 25.3. As a further alternative, the Commission may pledge tax increment pursuant to IC 36-7- 14-39(b)(4)(D)to any bonds issued by the City. Amendment of the Plan. By following the procedures specified in IC 36-7-14-15(d), IC 36-7-14-16, IC 36-7-14-17 and IC 36-7-14-17.5, the Commission may amend the Plan for the Area. However, any enlargement of the boundaries of the Area must be approved by the Board of Commissioners. 8 FACTUAL REPORT IN SUPPORT OF FINDINGS CONTAINED IN RESOLUTION NO.2023-R- 1. The Plan for the Redevelopment Project Area will: (A) Allow for local public road and sewer improvements; (B) Assist in the development of nearby land for recreational, residential and commercial use; and (C) Provide public facilities for future residential and c in the area. ommercial development 2. The Plan for the Redevelopment Project Area will benefit the public health and welfare of City residents by: devoting parts of the area to public ways, levees, sewers, parks, greenspace and other public purposes. 3. The Plan cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to, and but for, the powers allowed to the Commission due to: the lack of local public road and sewer improvements, the existence of conditions that lower the value of the land below nearby land and the lack of public facilities needed for potential industrial and commercial development to be realized. 4. The accomplishment of the Plan will be of public utility and benefit as measured by: making certain public infrastructure improvement to assist in the development of property for residential and commercial use. 5. The adoption of the allocation provision will result in new property taxes in the Redevelopment Project Area that would not have been generated but for the adoption of the allocation provision due to: the industry on the property has ceased to operate due to obsolete or undesirable conditions and must be redeveloped to generate new tax revenue. 6. The expiration date of this allocation provision may not be more than thirty-five(35) years after the date on which the Allocation Area is established if part of the project (Project)to be financed in the Allocation Area includes, as part of the Project, the use and repurposing of two (2) or more buildings and structures that are:(i) at least seventy-five (75) years old; and (ii) located at a site at which manufacturing previously occurred over a period of at least seventy-five (75) years. 9 PARCELS CONSISTING OF THE AREA (see attached) 1 10 PARCELS CONSISTING OF AREA: • 10-19-00-102-467.000-009 • 10-19-00-102-477.000-009 • 10-20-00-201-558.000-009 • 10-20-00-201-515.000-009 • 10-20-00-201-312.000-009 • 10-20-00-200-435.000-009 • 10-20-00-200-437.000-009 • 10-20-00-200-441.000-010 • 10-20-00-200-440.000-010 • 10-20-00-200-438.000-010 • 10-20-00-200-439.000-010 • 10-19-00-300-602.000-009 • 10-19-00-300-605.000-010 • 10-19-00-300-604.000-010 • 10-19-00-300-603.000-010 • 10-20-00-200-429.000-010 • 10-20-00-200-404.000-010 • 10-20-00-200-430.000-010 • 10-20-00-200-434.000-010 • 10-20-00-200-434.000-009 • 10-20-00-200-458.000-010 • 10-19-00-102-478.000-010 11