HomeMy WebLinkAboutDesignating Tax Abatement - Notre Dame Ave & Wayne St. - Kendall-Weiss, LLPRESOLUTION
3785-07
Passed by the Common Council of the City of South Bend, Indiana
September 10,
Attest:
20 07
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
September 11,
20 07
Approved and signed by me September 12, 20~
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City Clerk
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RESOLUTION NO. ~ 7 ~5 ' ~ 1
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN
THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
219, 222, 224, 228, 231 South Notre Dame Avenue and
827 East Wayne Street
AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
(5) FIVE-YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR
KENDALL-WEISS, LLP
WHEREAS, a Statement of Benefits and a petition for residential real property tax
abatement have been submitted to .and filed with the City Clerk for consideration by the
Common Council of the City of South Bend, Indiana, requesting that the area commonly known
as 219, 222, 224,228,231 South Notre Dame Avenue and 827 East Wayne Street, South Bend,
Indiana, and which is more particularly described as follows:
Parcel 1:
A lot or parcel of land described as follows: Commencing at the southeast corner of
Lot three hundred thirty four (334) in Samuel L. Cottrell's first addition to the town
of Lowell, now a part of the city of South Bend, thence running west on the south
line of said lot, 82 1/2 feet: thence north 33 feet; thence east 82 '/: feet to the east line
of said lot, thence south 33 feet to the place of beginning. (Tax ID #18-6003-0074)
Also the east '/Z of the lot numbered three hundred thirty-five (335) in Samuel L.
Cottrell's first addition to the town of Lowell, now a part of the city of South Bend,
recorded May 4, 1860 in the office of the recorder of St. Joseph County, Indiana, in
Plat Book 1, Page 49. (Tax ID # 18-6003-0075)
Parcel II:
The south half (1/2) of lot numbered three hundred thirty three (333) as shown on
the recorded plat of Samuel L. Cottrell's first addition to the town of Lowell, now
city of South Bend, Indiana (Tax ID # 18-6003-0070)
Parcel III:
The north half of lot numbered three hundred thirty four (334) as shown on the
recorded plat of Samuel L. Cottrell's addition, also known as Samuel L. Cottrell's
First addition , to the town of Lowell, now a part of the City of South Bend, in St.
Joseph County, Indiana (Tax ID # 18-6003-0071).
Parcel IV:
The north half of lot numbered five as shown on the recorded plat of Adam
Barman's subdivision of large lot numbered twenty-one in Samuel L. Cottrell's
First addition to the town of Lowell, now a part of the City of South Bend (Tax ID #
18-6007-0172).
Parcel V:
The south half of lot numbered four (4) in Adam Barman's subdivision of large lot
numbered twenty-one in Samuel L. Cottrell's first addition to the town of Lowell,
now a part of the City of South Bend, excepting therefrom a lot or parcel of land 42
'/: feet in width, east and west, taken off of and from the entire width of the east and
thereof. (Tax ID # 18-6007-0170).
Parcel VI:
Part of lot numbered four (4) as shown on the recorded plat of Adam Barman's
subdivision of large lot numbered twenty-one in Samuel L. Cottrell's first addition
to the town of Lowell, now a part of the city of South Bend, in St. Joseph County,
Indiana, described as beginning at the northwest corner of said lot numbered 4;
running thence east 122.5 feet; thence south 33 feet; thence west 122.5 feet; thence
south 33 feet; thence west 122.5 feet to the east line of Notre Dame Avenue in the
city of South Bend ;thence north along the east line of Notre Dame Avenue, 33 feet
to the place of beginning. (Tax ID # 18-6007-0169).
Parcel VII:
A lot or parcel of land forty -two and one half (42 '/Z) feet in width, east and west,
taken off and from the entire width of the east end of lot numbered four (4) as
shown on the recorded plat of Adam Barman's subdivision of large lot numbered
twenty-one (21) in Samuel L. Cottrell's first addition to the town of Lowell, now a
part of the city of South Bend, (Tax ID # 18-6007-0171).
Parcel VIII:
The north one half of lot numbered three hundred thirty three (333) as shown on
the recorded plat of Samuel L. Cottrell's addition to the town of Lowell, now within
and part of the city of South Bend, together with the south one half of the vacated
alley lying north and adjacent to said lot numbered three hundred thirty three
(333). (Tax ID # 18-6003-0069).
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and this property has Tax Key Numbers as shown above, be designated as a Residentially
Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend
Municipal Code Sections 2-76 et sea., and;
WHEREAS, the Department of Community and Economic Development has concluded
an investigation and prepared a report with information sufficient for the Common Council to
determine that the area qualifes as a Residentially Distressed Area under Indiana Code 6-1.1-
12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sea., and has further prepared
maps and plats showing the boundaries and such other information regarding the area in question
as required by law; and
WHEREAS, the Community and Economic Development Committee of the Common
Council has reviewed said report and recommended to the Common Council that the area
qualifies as a Residentially Distressed Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION. I. The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of Indiana
Code 6-1.1-12.1 et sea., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one of the
following conditions as formally established in Ordinance No. 9394-03, which was passed on
February 10, 2003:
A. The area is comprised of parcels that are either unimproved or contain only one
(1) or two (2) family dwellings designed for up to four (4) families, including
accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C: Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as
documented by census information, local building and demolition permits, or
certificates of occupancy, or the areas are owned by Indiana or the United States;
or,
G. The area (plus any areas previously designated under this subsection) will not
exceed ten percent (10%) of the total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for projects of
this nature;
C. That the other benefits about which information was requested are benefits that
can be reasonably expected to result from the proposed described redevelopment;
and
D. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet
local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is completed
within five (5) calendar years from the date of the adoption of this Resolution by
the Common Council.
SECTION IV. The Common Council hereby determines and finds that the proposed described
redevelopment can be reasonably expected to yield benefits identified in the Statement of
Benefits and the petition for real property tax abatement consideration and that the Statement of
Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction
granted under Indiana Code 6-1.1-12.1-3.
SECTION V. The Common Council hereby accepts the report and recommendation of the
Community and Economic Development Committee that the area herein described be designated
as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a
Residentially Distressed Area for purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5)
calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION VII. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of five (5) years.
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SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana
Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration.
SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code
standards for habitability as a specific condition of having such property designated as a
residentially distressed area.
SECTION X. This Resolution shall be in full force and- effect from and after its adoption by the
Common Council and approval by the Mayor.
~~ /~.
Member of the Co on Council
Clerk' § ~f f ice
Filed In
QUG ~ 5 2001
~~-a~
PRESENTED ~~
5
~ORDE
CR's C1.EAK, S0.6END,1N.
NOT APPROVED
ADOPTED ~'"`~~~~
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
07-116 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY
OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 219, 222, 224,
228, 231 SOUTH NOTRE DAME AVENUE AND 827 EAST WAYNE
STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES
OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR KENDALL-WEISS, LLP
Respectfully report that they have examined the matter and that in their opinion, this bill is
being recommended to the full Council with a favorable recommendation.
Karen L. White
Chairperson