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HomeMy WebLinkAboutConfirming Tax Abatement - 901 N. Notre Dame Avenue - Marc & Jeanette BurdellRESOLUTION 3670-06 Passed by the Common Council of the City of South Bend, Indiana November 27, 20 06 Attest: t City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 28, 20 06 Approved and signed by me November 29 20~}. City Clerk Mayor RESOLUTION NO. 3 ~ ~ 0 - b~ A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 901 N. NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MARL & JEANETTE BURDELL WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declazatory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declazatory Resolution designated the azea commonly known 901 N. Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: That part of the West half of the Northeast quarter of Section 1, Township 37 North, Range 2 East, St. Joseph County, Indiana, which is known as Lot C of the Plat of Sorin's 2"a Addition, 3`d Replat as recorded April 18, 2006, as Document No. 0614319 in the Office of the Recorder of St. Joseph County, containing 8,307.4 square feet more or less. Subject to all legal highways and easements of record and this property has Tax Key Numbers 18-5107-3788.01 and 18-5107-3788 (partial), be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declazatory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met 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 seq., 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. 2 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et sea. SECTION VI. 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 C on Council PRESENTED ~ 1 -Z~ ~~ NOT APPROVED ADOPTED 11-z,~-O b Filed In Clerk's ®ffice OCT 1 9 L1~~~ JON! VOO~iDE CITY CLE~;K, SC. 6-cND, IN. r=. 1200 ~,OUN"['Y-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY SL ECONOMIC DEVELOPMENT SHARON T. KENDALL EXECUTIVE DIRECTOR October 17, 2006 Council Member Roland Kelly, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Marc and Jeanette Burdell Dear Council Member Kelly: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Marc and Jeanette Burdell to build asingle-family home at 901 N. Notre Dame Avenue. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build asingle-family home at a cost of $330,000. The project meets the qualifications fora (5) five-year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, November 13, 2006. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5825. Sincerely, ~.J.;2Jc,h~.J~.J~._ Sharon Terrell Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Sharon Kendall Don Inks Bill Schalliol COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAX: 574/235-9697 574/235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 Fax 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT SHARON T. KENDALL EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: FROM: SUBJECT: DATE: SOUTH BEND COMMON COUNCIL SHARON TERRELL RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: Marc and Jeanette Burden October 17, 2006 On October 12, 2006, a petition for residential tax abatement consideration for real property located at 901 North Notre Dame Avenue was filed with the City Clerk by Marc and Jeanette Burden. Pursuant to Chapter 2, Article 6, Section 2-77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the, investigated the area, and makes the following report. PROJECT DESCRIPTION Marc and Jeanette Burden plan to construct asingle-family residence of approximately 2,400 square feet, (3) bedrooms, (3) three bathrooms, (4) four common rooms and a 2-car garage. The mud room and attached garage which will be to the rear of the home situated on a lot with approximate dimensions of 66' x 122'. The home will be constructed on a vacant lot as part of the Northeast Neighborhood Redevelopment Proj ect. The estimated cost of the proj ect will be $330,000. Total taxes to be abated during the (5) five-year abatement period is estimated at $10,262. Total taxes to be paid during the (5) five-year abatement period is estimated at $24,342. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL AC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAx: 574/235-9697 574/235-9371 South Bend Redevelopment Commission RE: Marc & Jeanette Burden October 17, 2006 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the properties to be properly zoned or the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Northeast Neighborhood Development Area, which is a Tax Incremental Allocation Areas; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is required. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications fora (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction. 5 YEAR 20-Oct-06 MARC & JEANETTE BURDELL South Bend Portage Township Residential Real Property Tax Abatement Schedule" Estimated Project Cost: Assessed Value: STRUCTURE (assume 85% of project cost) LAND (assume $10,000) Gross Assessed Value Less Mortgage Exemption Less Standard Homeowners Deduction Base Assessed Value $330.000.00 Total Taxes Tax Abated"" Tax Paid*** 280,500.00 280,500.00 280,500.00 10,000.00 N/A N/A 290,500.00 280,500.00 280,500.00 (3,000.00) (3,000.00) (3,000.00) (35,000.00) (35,000.00) (35,000.00) 252,500.00 242,500.00 242,500.00 Less Maximum Abatement Deduction Less Non-Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of N/A N/A (74,880.00) N/A (167,620.00) N/A N/A N/A 10,000.00 252,500.00 74,880.00 177,620.00 , 5.1524% 5.1524% 5.1524% Gross Tax (tax rate x net assessed value) 13,009.81 3,858.12 9,151.69 Less SRTC: 21.6906% (2,821.91) (836.85) (1,985.06) Less Homestead Credit: 32.0670% (3,266.96) (968.83) (2,298.13) Net Tax 6,920.94 2,052.44 4,868.51 Year Net Assessed Value Total Taxes Due Tax Abated Tax Paid 1 252,500.00 6,920.94 2,052.44 4,868.51 2 252,500.00 6,920.94 2,052.44 4,868.51 3 252,500.00 6,920.94 2,052.44 4,868.51 4 252,500.00 6,920.94 2,052.44 4,868.51 5 252,500.00 6,920.94 2,052.44 4,868.51 5 year totals: 34,604.72 10,262.19 24,342.53 `This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. ""Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. "'"Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. OCT-06-2006 16 03 COMM & ECON DEV 574 235 9021 P.04i12 • C1TY OF SOUT~T BEND, INDIANA PETITYON FOR RESIDENTXAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Rend for Residential Real Property tax abatement consideration and pursuant to l.C.. 6-1.1-12.1-1, et seu.. and South Bend Municipal Code Sec. 2-76 ci sea., for this petition states the following: 1. Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a genersl statement as to e i aorta ce oft a project (use additional sheet for project description if necess<zry): //~~ II 1 CLr2 - v h ~ f Wide Q~ Gar P r h i~r~si~-s L'~ ~ Gviu/e k /'~.~' , 7d~s .2~cc,oi - /~~ Cp e.~rvrfi f`e`Sj~c~ 2. Estimate the dollar value of the. construction ~eet (do not include land cost): $ 3~y, ood ,~/ 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (iftlte business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Add ~, lnt~st t/~te res~~nc~ T/mst r 4. The commonly nown add s of the Property is:~D/_,~~p fre ~Qirte ~l/esttt~ _ and having tax key no.: g S/6 - ~o/ ~~ ( c additional sheet for multiple addresses). f~S-5711`7- 3785' ~'l 5. A legal description of said Prope s) is attached hereto, marked Exhibit "A", and is incorporated herein. 6. A map and/or plat indicating the location of the i'roperty(s) is attached hereto, marked Exhibit "B", and is incorporated herein. 7. The current assessed valuation of the property before construction is $~ D~ Q.n~ (use additi nal sheet for multiple addresses}. ~ ~~~D (We ptv~ ~~~~ ~y~~x. fi. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit "C", and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current ow er or ~ previous owner (use additional sheet f r multiple addresses): ~rU ~ _as nzorz~l' vim! ~ Il~r~~t~n~, n rr z~ ~~ 3~ ~ g ~ ..: ~ SeG~~2Gla a f ~ r~Y o ~ ~~ /Uvf~ ~_ r~ ~9 ~ 11~ l,~du"e~i, 2/e ~v t1 / ' ~ ~rP ~ ¢r ~ 7~ . q sus a-n a~~~~~~ . ~, , e 9 ~ 10. What is your best estimate of the after completion market value of the property: $ 3502 ~ ~p~ ~ _ ~• ~ .~ .. OCT-06-2006 16 03 COMM & ECON DEV 574 235 9021 P.©5!12 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. 'r'he building permit may be issued after the South Berid Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The slgnature below is verification ofthis statement. 12. List other anticipated public financing for the project, including any assistance to be sought or. already authori~~d through the united States Department of Housing and Urban vevelopment funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housin6 Consorj;um or other public financial assistance, including but not limited to public works improvements: 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a norm I evelopment of the prope o ;- d e 2 ~J r t- -, e ,o-n /e r R ' a~I _P~s~d~r a-/ Y-~r~ _re~eri % s -mod ~~~ A ~~ ~ - / F ` Gtr Ql r ~~ S ~ 14. The current use of the property is V~.Ga-~'LT f e5~ GG~r~Z~ ~~<2~ _ and the current zoning is ~~2 (use) and ~y~ (height and area). 15. 1'he property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelo~q~me~e~t/Commission (requJring /approva of the tax abatement by the Redevelopment Commission): 1 VO~")"ti ~~O.Sf ,/~j~~f~ Lt L~D'Y'/Z G'D d /~`P~6`~~"t~~~~~~~ ._.__ ~_.~ _ 16. The following person should~e contacted as the petitioners agent regarding additional information and public hearing notitications: Name ~~ Address ~!~ City, State, 7i1 Telephone ~, WHEREFORE, Petitioner has paid the required fcc of 550.00 and requests that the Common Council of the City of South l3end, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that th qualitications for a residentially distressed area have been met, and confirm such resolution. Name of Property O Jw~ner(s): ~ ~r~~te ~I ~Ai/'c (~vr d ~ZYi ~~~ `~GLra~e~~ ee~ ~~' ca~~ Y~ ~ ~~ ~ B C~ ~ 2 ~~~~° (S~rl~ature) 0 ORO~ 1N• ~./21~h~(/G/11-1J~~C1'~l~ ~hB1- JO~yy~O,g~',~' (Typed or printed name and capacity) 2 is Q ~. p 14' ALLEY • S 891'57'5;1 " E 1.22.67 I W PT. LOT 128 N LOT A I ~ 8161.0 SQ. FT.f '~i 1 w • N .89'59'03" W 123.80' ~ r a ~ IA ~I ~ W PT. LOT 129 ~ 3 ~ ............ LOT B Z ..... w E• o ~ ' 8307.4 ' Sq: ' FT.~ . . ~ .. • ¢ o O N ~ ml ~ O ~~ b N ~- O N 89'59'18" W 124.90' I O LOT C . I . I ............. 8307.4 ~ SQ. ~ FT.f ' .. .... . ~ 25' BUILDING SETBACK P,T.. LOT 130 ~., 41.25' - ~. N 89'59'55" W 126.01' co~BY $our ~~~n (-82.5' R/W1 _ -- • _ ' _ 1 N R/iN LINE ~t1 ~~e'~~S'~ ~`~~d0 ~~~0~ ,~~r I OC.~ ~ 2 ?~~~~ r ~{~1 Vfe~'~'"~t.~~J, tN. a,.. , ~~ Gt •4a~., ~~, e- . SURIIEYOR:S .FRTiFlCATE :~N n t1F(?I[ARII 4?t~fiF~t`d t?GRTI~Y TuAT 1 A-i A D~CICTCRGII I ANI1 CI ~RVGV(lt] I If+C'nlcCn ~~~ ~ ~~uo ~~ T~~ .n N .~L. _ ~'~~ ~~ {~"'~ ~ ~ i Y. e> n'1~~ j o~~ ~ ~ ~u~ May 3, 2006 -~ ~ ,~~ ~Q~,i~~Q ~~c~~,~~• ~n+{ GLF~`~" ` Mr. Craig Hakanan University of Notre Dame Notre Dame, Indiana RE: Legal descriptions for Sorin's 2na addition 3ra Replat. Dear Craig: Shown below are the legal descriptions for the three lots along the west side of Notre Dame Ave. The legals are as follows: Lot A That part of the West half of the Northeast quarter of Section 1, Township 37 North, Range 2 East, St. Joseph County, Indiana which is known as Lot A of the Plat of "Sorin's 2na Addition 3ra Replat" as recorded April 18, 2006 as Document No. 0614319 in the Office of the Recorder of St. Joseph County. Containing 8161.0 square feet more or less. Subject to all legal highways and easements of record. Lot B That part of the West half of the Northeast quarter of Section 1, Township 37 North, Range 2 East, St. Joseph County, Indiana which is known as Lot B of the Plat of "Sorin's 2na Addition 3ra Replat" as recorded April 18, 2006 as Document No. 0614319 in the Office of the Recorder of St. Joseph County. Containing 8235.9 square feet more or less. Subject to all legal highways and easements of record. Lot C That part of the West half of the Northeast quarter of Section 1, Township 37 North, Range 2 East, St. Joseph County, Indiana which is known as Lot C of the Plat of "Sorin's 2na Addition 3ra Replat" as recorded April 18, 2006 as Document No. 0614319 in the Office of the Recorder of St. Joseph County. Containing 8307.4 square feet more or less. Subject to all legal highways and easements of record. MapQuest,: Maps j~ ~'3 ~` 901 N Notre Dame Ave South Bend IN 46617-1409 US Notes: .MA~aVEST._ ~ __.~. .__._._ _,..r-rt ' € ~ ~JnfversfCy t7f :~ _j ~ _9 ; __E ~'okagon 6t ~ . l4otre dame ~...- -. ~ ~ .~._.. _ , III _ _ ~ ~ ~_ . ....m_________. _ i 1_Peashway St 1 ,~ E ~ 6a.... I w".,. ~...` ~ i i a ~y~ i ~ Fla lecn 8hrd ~~ ~ i ~ (~ ~ ( 7 ~ i n ~ ` -__ E i N 3 ° ~ ~ ~ ~ V ~, Sti Ylr~cer~t St I ~ ~ 1 1 , __ r i~ Il ?}~ ~_ ~ ~ ~ E S~ ~' a ;~ `~ i ' i ? ~ Ij2 o ip 7 7IN ~jh ;! ~ j _ _.1 .. __1 ;A _ ~ _ - ~. a i - - J ~ I I~ !.~ SE ,, Joseph v ~ ;, (i `.m 1 f,' River ~. 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