Loading...
HomeMy WebLinkAbout2023-R-14 Resolution Approving Amending Declararoty Resolution of Redevelopment (Riverview Lofts) CITY OF JEFFERSONVILLE COMMON COUNCIL APPROVING AMENDING DECLARATORY RESOLUTION OF THE JEFFERSONVILLE REDEVELOPMENT COMMISSION RESOLUTION NO. ACl;2 R -f y 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, 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 previously adopted and confirmed resolutions (collectively, the Declaratory Resolution), which established an area in need of redevelopment to be known as the Falls Landing Riverfront Redevelopment(Area), designated the Area as the Falls Landing Allocation Area for the purposes of section 39 of the Act(Original Allocation Area), and approved and amended a plan for the redevelopment of the Area(Plan), all in accordance with the Act; WHEREAS, on October 25, 2023, the Commission adopted an Amending Declaratory Resolution (2023 Declaratory Resolution) to: (i) remove certain parcels from the Original Allocation Area (Removed Allocation Area); (ii) to designate the Removed Allocation Area as a new allocation area; and (iii) amend the Original Plan to provide for additional infrastructure to support commercial and residential development(Amended Plan); WHEREAS, IC 36-7-14-16 requires the Commission to submit the 2023 Declaratory Resolution and supporting data to the Jeffersonville Plan Commission(Plan Commission); and WHEREAS, the Plan Commission may; (i) determine whether the 2023 Declaratory Resolution and the Amended Plan conform to the plan of development for the City; and (ii) and approve or disapprove the 2023 Declaratory Resolution and Amended Plan; WHEREAS,on November 28,2023,the Plan Commission issued its order: (i)finding and determining that the 2023 Declaratory Resolution and the Amended Plan conform to the plan of development for the City; and(ii) approving the 2023 Declaratory Resolution and Amended Plan; a copy of which was submitted to this meeting; and WHEREAS, IC 36-7-14-16 requires the City's Common Council to approve the Plan Commission Order before the Commission may proceed with the implementation of the 2023 Declaratory Resolution and the Amended Plan; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA, THAT: Section 1. The Common Council hereby approves the Plan Commission Order. Section 2. This resolution is effective from and after adoption. Adopted by the Common Council of the City of Jeffersonville, Indiana, this 4th day of December, 2023. VOTED FOR: VOTED AGAINST: .22 , P ;day, (41.114 le df IW )060, 14,/,ILYA PASSED AND RESOLVED by the Common Council of the City of Jeffersonville, Clark County, Indiana, upon this day of G r be,- , 20 3. Matt we , President ATTEST: Lisa Gil , Clerk 2 2023-R-/9 PRESENETED TO ME THE MAYOR OF JEFFERSONVILLE, CLARK COUNTY, INDIANA UPON THIS S DAY OF , 2023. ATTEST: Lisa Gill, lerk 2023-R- /y SIGNED AND APPROVED BY E N THIS DAY OF , 2023. Mike Mo re, Mayor ATTEST: Lisa Gill, Cl rk 2023-R- VETOED BY ME ON THIS DAY OF 2023. Mike Moore, Mayor ATTEST: Lisa Gill, Clerk Declaratory Resolution with Amended Plan and Factual Report 3 CITY OF JEFFERSONVILLE PLAN COMMISSION ORDER APPROVING AMENDING DECLARATORY RESOLUTION OF THE JEFFERSONVILLE REDEVELOPMENT COMMISSION NO. '01O�."3 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 previously adopted and confirmed resolutions (collectively, the Declaratory Resolution),which established an area in need of redevelopment to be known as the Falls Landing Riverfront Redevelopment (Area), designated the Area as the Falls Landing Allocation Area for the purposes of section 39 of the Act (Original Allocation Area), and approved and amended a plan for the redevelopment of the Area (Plan), all In accordance with the Act; WHEREAS, on October 25, 2023, the Commission adopted an Amending Declaratory Resolution (2023 Declaratory Resolution) to: (i) remove certain parcels from the Original Allocation Area(Removed Allocation Area): (II)to designate the Removed Allocation Area as a new allocation area; and (iii) amend the Original Plan to provide for additional infrastructure to support commercial and residential development (Amended Plan); WHEREAS, IC 36-7-14-16 requires the Commission to submit the 2023 Declaratory Resolution, the Amended Plan, and supporting data to the Jeffersonville Plan Commission (Plan Commission); and WHEREAS, the Plan Commission may; (I) determine whether the 2023 Declaratory Resolution and the Amended Plan conform to the plan of development for the City; and (ii) and approve or disapprove the 2023 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 2023 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 2023 Declaratory Resolution and the Amended Plan. Section 3. This Order is effective from and after adoption. Adopted by the Jeffersonville Plan Commission this 28th day of November 2023. JEFFERSONVILLE PLAN COMMISSION President +fir._ EXHIBIT A Declaratory Resolution, Plan and Factual Report • RESOLUTION NO. 2023-R- BEFORE THE JEFFERSONViLLE REDEVELOPMENT COMMISSION STATE OF INDIANA RESOLUTION AMENDING THE RESOLUTION OF THE JEFFERSONVILLE REDEVELOPMENT COMMISSION ENTITLED "DECLARATORY RESOLUTION OF THE JEFFERSONVILLE REDEVELOPMENT COMMISSION" 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 previously adopted and confirmed resolutions (collectively, the Declaratory Resolution) which established an area in need of redevelopment(Area to be known as the Falls Landing Riverfront Redevelopment Area, designated the Area;es the Falls Landing Allocation Area for the purposes of section 39 of the Act (Original,;Allocation Area), and approved and amended a plan for the redevelopment of the;Area (Plan), all in accordance with the Act; WHEREAS, the Commission has outstanding certain: (i) Tax Increment Revenue Bonds of 2013, Series A(Series A Bonds); and(ii)Tax Increment Revenue Bonds of 2013, Series C (Series C Binds) WHEREAS,the bond resolutions authorizing the Series A Bonds and the Series C Bonds (collectively, Outstanding Obligations) allow alteration of the Allocation Area if, in the judgment of the Commission, the alteration does not: (i) adversely affect the owners of the Outstanding Obligations; or (ii) impair the pledge of Tax Increment (as defined in the bond resolutions 10 the Outstanding Obligations; WHEREAS, thie Commission now desires to amend the Declaratory Resolution to reduce the Allocation:Area by removing certain parcels/area from the Allocation Area as shown on the map attached hereto as Exhibit A (Removed Area) and designate the Removed Area as a ;separate allocation area pursuant to section 39 of the Act, to be known as the Riverview Allocation Area; WHEREAS, the Original Allocation Area, as reduced, shall retain the same base assessment date as the original allocation area; WHEREAS, s i ctions 15 through 17.5 of the Act establish the procedures for adopting amendment to the Declaratory Resolution and Plan; and WHEREAS, ttje Commission now desires to approve the amendment to the Declaratory Resolutioh, the reduction of the Original Allocation Area, and the designation of the Riverview Allocution Area (2023 Amendment); z ,i 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, THEI1EFORE, BE IT RESOLVED BY THE JEFFERSONVILLE REDEVELOPMENT'9OMMISSION: 1. The Commission finds and determines that it will be of public utility and benefit to amend the Declaratory Resolution as provided in the 2023 Amendment. 2. The Comniission finds that: (i) the current captured assessed value In the Original Allocation Area Is $136,841,732.00 and the current estimated tax Increment revenue from the Allocation Area is $3,503,390.00; (ii)the captured assessed value in the Original Allocation Area is $136,539,942.00 and the estimated tax increment is $3,495,350.00 after the 2023 Amendment; (iii) the Outstandlni,6 Obligations have a pledge of Tax Increment generated in the Original Allocation Area; (iv) the Tax Increment estimated to be generated in the Original Allocation Area exceeds 125% of the debt service due on the Outstanding Obligations after the 2023 Amendment; and (v) additional growth in the Original Allocation Area subsequent to the issuance of the Outstanding Obligations has occurred and, therefore, the Commission finds that reducing the Original Allocation Area will not adversely affect the owners of the Outstandinig Obligations in any material way. 11 3. The Original Allocation Area, as reduced, shall maintain its original base assessmeri date. 4. The Riverview Allocation Area shall have a base assessment date of January 1, 2023. 5. The 2023 Amendment is reasonable and appropriate when considered in relation to j he Declaratory Resolution, the Plan (attached hereto), and the purposes o the Act. 6. In support f the findings and determinations set forth in this Resolution the Commission hereby adopts the specific findings set forth in Exhibit B. 7. The Commission finds that no residents of the Area will be displaced by any project resu'ting from the 2023 Amendment and therefore finds that it does not need to givE consideration to transitional and permanent provision for adequate housing. 8. This paragraph shall be considered the allocation provision for the Original Allocation A-ea and the Riverview Allocation Area for purposes of section 39 of I 2 i the Act. The Original Allocation Area shall constitute an allocation area as defined in section 39 of the Act. The Original Allocation Area was established before JulYi 1, 1995,and the expiration of the Original Allocation Area is January 15, 2032, the last date of any obligations that are outstanding on July 1, 2015, pursuant to section 39(b) of the Act. The Riverview Allocation Area is established after June 30, 2008, and the Riverview Allocation Area shall expire no later then twenty-five years after the date on which the first obligation is incurred toi payable from tax Increment revenues generated in the Riverview Allocation Area. 9. The Com ssion hereby finds that the creation of the Original Allocation Area and the RI erview Allocation Area will result in new property taxes that would not have b en generated but for the adoption of the new allocation provisions and amendment as specifically evidenced by the findings set forth in Exhibit B attached hereto. 10.The Commission hereby authorizes and directs the presiding officer, after receipt of tie written order of approve of the Jeffersonville Plan Commission and the approval of the order by the Jeffersonville Common Council, to publish notice of th adoption and substance of this Resolution in accordance with IC 5-3-1-2 a ric iC 5-3-1-4 and to file notice with the Plan Commission, the Board of Zoning Appeals, the building commissioner and any other departments of agencies o the City concerned with unit planning, zoning variances, land use or the issuance of building permits. The notice must state that original maps and plats hve 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 and remonstrances and objections from persons Interested in or affected by the proceedings pertaining to the proposed 2023 Amendment, and will determine the public utility and benefit of the proposed 2023 Amendment. Copies of the notice must also be filed with the officers authorized to fix budgets, tax rates, and tax levies under iC 6-1.1-17-3 for each taxing unit that is either wholly or partly located within the Allocation Area or the Riverview A location Area. 11. The Commission also directs the presiding officer to prepare or cause to be prepared a� statement disclosing the impact of the creation of the Original Allocation area and the Riverview Allocation Area, including the following: a. The estimated economic benefits and costs incurred, as measured by increased employment and anticipated growth of real property, personal prop rty and Inventory increased values; and 3 I .I b. The anticipated Impact on tax revenues of each taxing unit that is either wholly or partly located within the Original Allocation Area and the Riverview 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 ten days before the date of the hearing described In Section 10 of this Resolution. 12. The presiding officer is authorized and direct to submit this Resolution to the Plan Commission for its approval. The Commission further authorizes and directs the presiding officer to submit this Resolution and the approving order of the Plan;Commission to the Common Council for its approval of the 2023 Amendment. 13.The Declaratory Resolution, as amended by this Resolution, conforms to the comprehensive plan for the City. 14. In all other,respects, the Declaratory Resolution, as amended, and actions of the Commission consistent with this Resolution are hereby ratified and confirmed. 15.This Resolution shall be effective upon passage. 4 Adopted this 25th day of October, 2023. JEFFERSONVILLE REDEVELOPMENT COMMISSION By: 4-61— By: EI By: U Y " By. By: li • II 5 EXHIBIT (MAP OF REMOVED AREA AND PARCELS CONSISTING OF REMOVED AREA) • Go gle Maps * 'idr l'c,ii . .. a r, ,t,:: •• ‘k . ., fA , guiles(t4ctu t , .. h t' 'N,..,t'• • . 4 .X` 4� ct_ r . , -+ An encan E3oat F v,n:hr "n ram. .e n !. pork r 1 Y.' :(r r \u J' / ± \ I r..•..j I"r'I- .f >.. r , .t 11: rnr LIJir31-r-1• ' y • \ _ ,w• t - T t mac' J „X^;r , k gyp\ `", k . , ', •` '; 4� O etc' y . .:.� 1r'1( . .illT,'. and inhunr C1�a\� 5 1 �I+Sp ,rej1 'ar i . • Match Cigar Bar , , • CC•,Y• • , ,� Icftrr'sunville ! ur ii t •n a(tl ai nr , esJw; a nnnn,il t�rohectinn1 • ?� �/ "-. --. ,fit. -.: w '+ITS e�x. ''1 Ni, OW \5 .. Ramiros Ca tin. - t 9°cc •, +^ .. �, �a\�e , •; to t a _ • �' ..��(r ,,�• ,t` vt< .;., 11 .,ice aer, �� ! 1 ♦ �nnau I lustn,'s • . lr.tkrulnvllle i telt ti ' HUUS,r.Cg-tb. ii. I. a' �' •„f S'' -e• E' •,yr • 0. 1' J , IF . . ... ;•51' -1.**"'"...'......'.— k " 11, - 46 ogle.. Imagery©2023 Airbus,IndianaMap Framework Data,Maxar Technologies,U.S.Geological Survey,Map data©2023 Google 100 ft • • • PARCELS CONSITING OF REMOVED AREA: • 10-19-00-100-093.000-010 • 10-19-00-100-094.000-010 • 10-19-00-100-095.000-010 • 10-19-00-102-975.000-010 • • • 7 EXHIBIT B FINDINGS AND PLAN 1. The creation the Allocation Area will: (A) Allow for local public road and sewer improvements; (B) Assist in the development of nearby land; (C) Provide for future residential and commercial development in the Allocation Area; and (D) Allow reimbursement of $2 million in infrastructure improvements made in the Allocation Area by the city's wastewater utility. 2. The Plan will benefit the public health and welfare of City residents by: improving public ways and sewers. Y 3. The Plan 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 lack of development on the property. 4. 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. 5. 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/or commercial use. 6. 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: redevelopment of the land will generate new tax revenue. 8