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HomeMy WebLinkAbout2022-R-01 Resolution Approving the Enlargement of the Inner City Roads Economic Development Area COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE STATE OF INDIANA A RESOLUTION APPROVING THE ENLARGEMENT OF THE INNER CITY ROADS ECONOMIC DEVELOPMENT AREA AND PLAN COMMISSION ORDER REGARDING AMENDED PLAN RESOLUTION NO. 2022-R- I 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 December 22, 1995, the Commission adopted a Declaratory Resolution (Original Declaratory Resolution), as supplemented and amended to date, establishing the Inner City Road Economic Development Area(Original Area) and the Original Declaratory Resolution was confirmed by a confirmatory resolution adopted on February 28,, 1996 (Confirmatory Resolution); WHEREAS, the Original Declaratory Resolution and Confirmatory Resolution are hereinafter collectively referred to as the "Area Resolution"; WHEREAS, the Area Resolution established an allocation area in accordance with IC 36- 7-14-39 (Original Allocation Area) for the purpose of capturing property taxes generated from the incremental assessed value of real property (Tax Increment) located in the Original Allocation Area; WHEREAS, the Area Resolution approved the Economic Development Plan (Original Plan), which Original Plan contained specific recommendations for economic development; WHEREAS, the Common Council approved the creation of the Original Area; WHEREAS, the Area Resolution, as amended and supplemented, has enlarged the boundaries of the Original Area (Enlarged Area) and the Original Allocation Area (Enlarged Allocation Area) and amended the Original Plan(Amended Plan); WHEREAS, the Commission now desires to amend the Area Resolution to expand the boundaries of the Enlarged Area and the Enlarged Allocation Area by: (i) adding certain real property to the Enlarged Area and the Enlarged Allocation Area (Expansion Area); and (ii) to approve the Amended Plan; WHEREAS, on December 22, 2021, the Commission adopted an Amending Declaratory Resolution (2021 Declaratory Resolution) to expand the boundaries of the.Enlarged Area and the Enlarged Allocation Area by: (i)adding certain real property to the Enlarged Area and the Enlarged Allocation Area and (ii) to approve the Amended Plan; WHEREAS, IC 36-7-14-16 requires the'Commission to submit the 2021 Declaratory Resolution and supporting data to the Jeffersonville Plan Commission (Plan Commission); WHEREAS, the Plan Commission may:; (i) determine whether the 2021 Declaratory Resolution and the Amended Plan conform to the plan of development for the City; and (ii) and approve or disapprove the 2021 Declaratory Resolution and the Amended Plan; WHEREAS, IC 36-7-14-16 requires the Common Council of the City to approve the Plan Commission Order before the Commission may proceed with the implementation of the 2021 Declaratory Resolution and the Amended Plan; and WHEREAS, on March 1, 2022, 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 Amended Plan (Plan Commission Order); NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA, THAT: 1. The Common Council hereby approves the Plan Commission Order. 2. This resolution is effective from and after adoption. Adopted by the Common Council of the City of Jeffersonville, Indiana this 7th day of March, 2022. MatC- , , Attest: Atvt, • isa Gill, lerk 2 2022-R- Passed and adopted by the Common Council of the City of Jeffersonville, Clark County, Indiana, this day of , 20 . Matt Owen, President and Presiding Officer ATTEST: Lisa Gill, Clerk Presented by me as Clerk to the Mayor of said City of Jeffersonville this y day of �h , 20c,D . AL, Lisa Gill, Cler This Ordinance approved.and signed by me th day of a , . Mike Moor , Mayor PLAN COMMISSION ORDER (ATTACHED) , 4 CITY OF JEFFERSONVILLE PLAN COMMISSION STATE OF INDIANA • ORDER APPROVING AMENDING DECLARATORY RESOLUTION OF THE JEFFERSONVILLE REDEVELOPMENT COMMISSION 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 December 22,.1995, the Commission adopted a Declaratory Resolution (Original Declaratory Resolution), as supplemented and amended to date, establishing the Inner City Road Economic Development Area(Original Area) and the Original Declaratory Resolution was confirmed by a confirmatory resolution adopted on February 28, 1996 (Confirmatory Resolution); WHEREAS, the Original Declaratory Resolution and Confirmatory Resolution are hereinafter collectively referred to as the "Area Resolution"; WHEREAS, the Area Resolution established an allocation area in accordance with IC 36- 7-14-39 (Original Allocation Area) for the purpose of capturing property taxes generated from the incremental assessed value of real property (Tax Increment) located in the Original Allocation Area; WHEREAS, the Area Resolution approved the Economic Development Plan (Original Plan),which Original Plan contained specific recommendations for econoniic'development.in-the Original Area; WHEREAS,the Common Council approved the creation of the Original Area; WHEREAS, the Area Resolution,as amended and supplemented, has enlarged the boundaries of the Original Area (Enlarged Area) and the Original Allocation Area (Enlarged Allocation Area) and amended the Original Plan(Amended Plan); WHEREAS, on December 22, 2021. the Commission adopted an Amending Declaratory Resolution(2021 Declaratory Resolution)for the purpose of amending the Area Resolution to: (i) expand the boundaries of the Enlarged Area and the Enlarged Allocation Area by adding certain real property(Expansion Area); and(ii) approve the Amended Plan; WHEREAS, IC 36-7-14-16 requires the Commission to submit the 2021 Declaratory Resolution and supporting data to the Jeffersonville Plan Commission(Plan Commission); and WHEREAS, the Plan Commission may; (i) determine whether the 2021 Declaratory Resolution and the Amended Plan conform to the plan of development for the City; and (ii) and approve or disapprove the 2021 Declaratory Resolution and Amended Plan; NOW, THEREFORE, BE IT ORDERED BY THE JEFFERSONVILLE PLAN COMMISSION, THAT: Section 1. The Plan Commission hereby finds and determines that the 2021 Declaratory Resolution and the Amended Plan, attached hereto as. Exhibit A, conform to the plan of development for the City. Section 2. The Plan Commission hereby approves the 2021 Declaratory Resolution and the Amended Plan. Section 3. This Order is effective from and after adoption. Adopted by the Jeffersonville Plan Commission this 1st day of March, 2022. JEFFERSONVILLE PLAN COMMISSION President Attest: • 3444.47 jet.4.14.te EXHIBIT A 2021 Declaratory Resolution, Maps, Parcel List, and Amended Plan 3 DECLARATORY RESOLUTION (ATTACHED) 3 RESOLUTION NO. AMENDING DECLARATORY RESOLUTION OF.:THE JEFFERSONVILLE REDEVELOPMENT COMMISSION.EXPANDING.THE INNER.CITY ROAD ECONOMIC DEVELOPMENT AREA.AND ALLOCATION AREA AND TI-IE ECONOMIC DEVELOPMENT PLAN FOR THE INNER CITY ROAD. ECONOMIC DEVELOPMENT 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:December 22, 1995., the Commission adopted a Declaratory Resolution: (Original Declaratory.Resolution);'as supplemented and amended to date, establishing:the Inner City Road Economic Development Area(Original Area)_and the Original Declaratory Resolution, - was confirmed by a confirmatory resolution adopted.:on February 28, 1-996 (Confirmatory. - Resolution); • WHEREAS, the :Original Declaratory; Resolution and Confirmatory Resolution are hereinafter colleetivelyreferred to as the Area Resolution"; WHEREAS, the Area Resolution established an allocation area in accordance_with IC 36-- .7-14-39 (Original Allocation Area) for the purpose of capturing property taxes generated from • the incremental :assessed value of real :property .(Tax Increment) .located hi the Original . Allocation Area; WHEREAS, the:Area Resolution approved the Economic Development Plan (Original Plan), which'Original Plan contained specific recommendations for economic development in the - Original Area; WHEREAS,:the:Common Council approved the creation of the Original Area; WHEREAS, the Area Resolution, as '.amended: and supplemented, has enlarged .the • boundaries of the Original Area (Enlarged; Area) and the Original Allocation Area (Enlarged Allocation Area) and amended the Original Plan(Amended•Plan); WHEREAS, the Commission:now desires to amend the Area Resolution to expand the boundaries of the Enlarged Area and the;Enlarged Allocation Area by: (i) adding certain real property to the Enlarged Area and the Enlarged Allocation Area a (Expansion Area); and (ii) to approve the Amended plan; WHEREAS, IC 36-7-14-15(a) (4) provides that, when amending"the Area Resolution or : the Amended Plan,the Commission must find that: (1)the amendment is reasonable and-appropriate when considered in relation to the Area Resolution; the Amended Plan, and the purposes of Act; and (2)the.Area Resolution and the_Amended Plan,as amended,with the proposed amendment,conform to the comprehensive plan for.the.City; WHEREAS,the Commission shall cause to be prepared (1)maps and plats:showing: (A)the boundaries of the Enlarged Area,as amended,in which property would be acquired for,or otherwise affected by,the amendment of the Area Resolution,or the Amended Plan;. (B)the location of the various parcels of property,streets,alleys, and other • features'affecting the acquisition,clearance,remediation,replatting,replanning, rezoning,or development of the area,indicating any parcels of property to be excluded from the acquisition or otherwise excluded from the effects of the amendment of the Area.Resolution or Amended Plan;and (C)the parts of the Enlarged Area,as amended,acquired,if any,that are to be devoted to public ways,levees,sewerage,parks,playgrounds,and other public purposes under the amendment to the Amended Plan; (2) lists of the owners of the various parcels of property proposed to be.acquired for, or otherwise affected by,the amendment of the Area Resolution or Amended Plan for the Amended Area,and (3)an estimate Of the costs,if any,to be incurred:for the acquisition and development of the property;:: WHEREAS, IC 3 6-7-14-17.5 authorizes the Commission to amend the.Area Resolution and the Original Plan,as amended,after conducting a public hearing, if it finds that (i) . : The amendment is reasonable and appropriate when considered in relation to the Area Resolution,the Amended Plan,and the purposes of IC 36-7-14; and (ii) The Area Resolution,with the proposed amendment and the application of the Amended Plan,as amended,conforms to the comprehensive plan for the City; NOW,'. . THEREFORE, BE . IT . :RESOLVED BY : :THE JEFFERSONVILLE: REDEVELOPMENT.COMMISSION,THAT: Section 1: The Area Resolution is hereby amended to expand the Enlarged Area and the Enlarged Allocation Area to include the;Expansion Area as set forth on the map attached hereto.as Exhibit A- and the parcel list attached hereto as Exhibit A-2 Section 2. 'a) The Commission finds, after consideration of the evidence presented, that the public health and welfare will be benefited by the amendment to the Area Resolution to establish the Expansion Area. -2- The Commission"finds and determines that the Expansion Area was omitted from the description of,property added to the Enlarged Area on January 27,"2021; and:" : : now intends:to add the:Expansion Area to the Enlarged Area. Section 3. . The :Commission" now finds and determines that:the :addition of the: : Expansion Area to the Enlarged Area and the Enlarged.Allocation Area described in Section.1. above is reasonable:and:appropriate when considered in relation to:the:Area Resolution as. • amended by this;amending resolution and to the economic development and redevelopment purposes set:forth in the Act: . The Commission.finds'that the. Area Resolution,, with the" :. • amendment,conforms:to the comprehensive plan for the City. - Section 4:. :_The Commission hereby finds.that no• other parcels:of:property in the . Enlarged Area will be affected:by the Expansion Area:or the accomplishment of the Amended Plan; Section 5. The Commission hereby Inds that amendment to the Area Resolution to: establish the:Expansion Area will result in new property taxes in the Enlarged Area that would .: not have been generated without the establishment of the Expansion:Area and the application of the Amended Plan to the_Expansion Area.. Section 6. : The C ommission hereby finds that the property described on Exhibit Bis = : : the property that may be affected by the.establishinent of the.Expansion Area: Section 7: : The base assessment date for the Original Allocation Area shall remain: : March 1, 1995; the base assessment date for the enlarged Area shall be January 1, 20:16;and the base assessment date for the Expansion Area shall be January I,:2021: .. Section 8: This.:paragraph :shall' be' considered :the- allocation provision for the Expansion Area for the purposes of IC 36-7-14-39: The:Expansion';Area shall'constitute an : - allocation area as defined in IC 36-7-14-39 and shall become a part of the Original Allocation. : Area for all other purposes than the base assessment:date. Any property taxes levied on or.. : after the eff ective'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 Expansion 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 25 :years after the date on which the:"first • = obligation is incurred to pay principal and interest on bonds or lease rentals on leases payable : from.tax increment revenues:generated in the.Expansion Area. - Section 9. 1 the rights,powers,privileges and immunities:that may.be exercised by.•. . the Commission:in: a redevelopment project:area under the Act may."be,exercised m.the Expansion Area;subject to:any limitations in IC 36-7-14-43. . Section 10. :The presiding officer of the Commission is hereby authorized and directed: to submit this resolution to the Jeffersonville Plan Commission (Plan Commission) for its : approval. . Section:l l: The Commission also directs the_presiding.officer, after receipt of-the:. : written order of.app oval of the Plan Commission which has been approved by the Common : -3.- i . Council,to publish notice of the adoption.and substance.of this resolution in accordance with IC 5-3-1 and to file notice with the Plan Commission, the Board of Zoning Appeals, the . • . building commissioner:and any other departments or:agencies of the.City concerned with unit - planning,zoning variances,land use orthe issuance of building permits: The notice must also • be mailed to the owner or owners of real property, if any, 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 proposed:amendment to the Area Resolution and • . will .determine; the: public:utility: and; benefit .of the proposed amendment to the.Area • Resolution: Copies of the notice must also be filed with the officers authorized to fix budges 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 Expansion:Area:Notice must also be Mailed by first class mail to : • all owners of real property within the proposed Expansion Area. Section 12. 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 follovv�ng:: (a) The estimated economic.benefits and costs incurred, as measured by increased : employinent,1 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`.17 of the Act at least 10 days before the date of the hearing described in Section:.11 of this Resolution. . . - Section 13:.In all other respects, the Area Resolution, the.Amended Plan,.and actions of the Commission consistent with:this resolution are hereby ratified and confirmed: • Sec tion 14. This resolution is:effective upon passage • Adopted at a meeting of the Commission held::December22, 2021, in Jeffersonville, Indiana: JEFFERSONVILLE REDEVELOPMENT CO ISSION • i President Attest: -4.- • • • • • • .(_1 . / . • Secretary : 1.., . . . j-. • - • • . . • • • . • • • • • • • . . 11 • • • j, 1 • • • • • • • • • • :i ., . . - 5.- • • .i . EXHIBIT A-1 Map Including Expansion Area 1 1 1 1 1 i i ! • Proposed Map o � + r !` � r i b , .p ,,; ' cfr, ` ! `�� n =+�_� , . . - . . ,1265WB 4.,,.,_ G ./'r ,1265 N ON-RAMp.12s5,EB.E%1.I. E�ByO RAMP. .,e6=, - ��pJH.ST .4 u 1 G '" $ "" + ,3 s' b� .rtP " • a5. � 'rtP Oo , a:. �x • � tyf�O1, • '1. - +,t' .. . '.. ' -. .>. . . t*' ffsourr- lilf s �/� NNE • i. / \, NA ' f x�S. ' f jfir.• ) 4."/ '- Page 2 of 2 ' . R 22_=01 • Exhibit A-2 Expansion Area Parcel List The expansion Area is approximately 10 acres and includes an approximately 50,000 square foot building located off Utica-Sellersburg Road(3000 Block)next to Interstate 65. The expansion area consists of two (2)parcels: (i) 10-42-02-300-144.000-039 and(ii) 10-42-02-400-715.000-039. 9 Exhibit B List of Owners of Real Property Proposed to Be Acquired for,or Otherwise Affected by the Expansion of the Enlarged Area Acquired Property None. Affected Property The parcels of property in the proposed Expansion Area are reasonably expected to be positively affected by Ole establishment of the Expansion Area and application of the Amended Plan to the Expansion Area because the improvements contemplated in the Expansion Area are reasonably expected to increase property values in the Expansion Area. -3 -