HomeMy WebLinkAboutWaiving Tax Abatement - 6819 Stewart Drive - Kendall Weiss, LLPRESOLUTION
3804-07
Passed by the Common Council of the City of South Bend, Indiana
October 22,
Attest:
2007
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October 22, 2007
Approved and signed by me n~t~hPr 74~ 20 07
~-~r,~
City Clerk
RESOLUTION NO. 3 T ~~~ ~ I
A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF
A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN
THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS
6819 STEWART DRIVE, SOUTH BEND, INDIANA
TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5
YEAR REAL PROPERTY TAX ABATEMENT FOR
KENDALL WEISS, L.L.P.
WHEREAS, Kendall Weiss, L.L.P., an Indiana limited liability partnership (the
"Petitioner") filed a petition for real property tax abatement (the "Petition") and a Form
SB-1 statement of benefits with the South Bend City Clerk on October 3, 2007 for
consideration by the Common Council of the City of South Bend, Indiana (the "Common
Council"), requesting that the area commonly known as 6819 Stewart Drive, South Bend,
Indiana, being more specifically Lot 409 in Lafayette Falls, Phase III, Section One
(Instrument Number 0728461) and which has a parcel key number of 23-1002-0023.71,
(the "Property"), be designated as an economic revitalization area under the provisions of
Indiana Code sections 6-1.1-12-1 et seg•, and South Bend Municipal Code sections 2-76
et seq.; and
WHEREAS, the Petitioner obtained building Permit No. 109523 on August 6,
2007 and began redevelopment of the Property as defined by Indiana Code section 6-1.1-
12.1-1 (5)) on August 6, 2007; and
WHEREAS, the Common Council has adopted a policy requiring that petitioners
for tax abatement wait until after the Common Council has adopted declaratory and
confirming resolutions in accordance with Indiana Code section 6-1.1-12.1-2.5 (b) and
(c), before obtaining a building permit and before initiating redevelopment or
rehabilitation of real property, absent compelling reasons and circumstances where a
petitioner initiated such activities before such resolutions have been adopted; and
WHEREAS, the Petitioner has presented substantial evidence to the Common
Council that circumstances existed where the Petitioner inadvertently obtained the above
described building permit and initiated redevelopment of the Property before the
Common Council has adopted declaratory and confirming resolutions, and the Common
Council has concluded that such circumstances present a compelling reason to waive the
Common Council's policy;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Petitioner has presented testimonial and documentary evidence of the
following facts and the Common Council hereby makes the following findings of fact in
support of this resolution:
A. The Petitioner's intention since the Lafayette Falls residential development (the
"Development") began construction in 2003 is to seek residential tax abatements
for every single lot within the Development.
B. The Petitioner has filed separate tax abatement petitions for each individual
section of the Development as they have been subdivided.
C. The Common Council has adopted Resolutions 3352-04, 3398-04, 3481-05, 3494-
05, 3551-06, and 3697-07, which confirm the adoption of declaratory resolutions
for 175 single-family residential lots within the Development as residentially
distressed for purposes of a (5) five year residential real property tax abatement
for the Petitioner. The 175 lots included within these confirming resolutions to
date have an approximate mazket value of over $31 million.
D. Said Resolution 3697-07 was adopted on February 12, 2007 and included Lots
403 through 408 within the Development. These lots lie immediately to the north
of the Property.
E. The Petitioner was unawaze that the Property was not included within Resolution
3697-07; and therefore, inadvertently obtained a building permit for the Property
prior to its inclusion within an adopted declaratory and confirming resolution.
F. The Petitioner is thoroughly and continually committed in investing within this
400 plus lot Development which was annexed into the City in 2003. In addition to
this commitment by the Petitioner, the residents of the City of South Bend
through the City Plan process identified that the City must encourage the
development more market rate housing and promote homeownership within the
City. The continuing support of the residential tax abatement program for new
single family home construction within the City both encourages and promotes
the development of owner occupied homes within the City. The City Plan, the 20
yeaz Comprehensive Plan was adopted by Common Council on November 13,
2006.
G. The Petitioner acknowledges and respects the long-standing policy of the
Common Council to require that the economic revitalization declaratory
resolution be adopted by the Common Council before a building permit is
obtained and before redevelopment begins.
H. At all times throughout these proceedings, the Petitioner has acted in good faith,
has promptly cooperated with all requests of the Common Council and the South
Bend Department of Community Development, and has made every effort to
comply, to the best of its ability, with the requirements of law and the policies of
the Common Council.
I. Because of the unusual and adverse circumstances described herein, the Petitioner
proceeded with the redevelopment of the Property without first receiving adoption
of a declaratory resolution by the Common Council.
SECTION II. The foregoing facts, taken together, lead the Common Council to conclude
that compelling reasons exist to waive noncompliance by the Petitioner with certain
conditions precedent to the redevelopment of the Property, in accordance with Indiana
Code section 6-1.1-12.1-11.3.
SECTION III. 'The Common Council hereby waives such noncompliance, for the
purpose of permitting the Council to proceed with consideration of the Petition on its
merits.
SECTION IV. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
r
~~
Mem er of the on Council
PRESENTED ~ O'Z.L-Q~
NOT APPROVED
ADOPTED ~ L ~ ~Z'v7
filed In Cterk'~ Office
OCT - 3 2007
JOHt! VOORDE
CITY CLEr~K, 50. BEP~O, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
07-129 A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE
ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING
CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA
COMMONLY KNOWN AS 6819 STEWART DRIVE, SOUTH BEND,
INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FIVE (5) YEAR REAL PROPERTY .TAX
ABATEMENT FOR KENDALL WEISS, L.L.P.
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
ABONMARCHE
Conftdence By bestgn
ENGINEERS
ARCHITECTS
PLANNERS
SURVEYORS
750 Lincoln Way East
South Bend, IN 46601
T. 574-232-8700
F. 574-251-4440
www,abonmarche.com
FORT WAYNE, IN
BENTON HARBOR, MI
MANISTEE, MI
SOUTH HAVEN, Ml
October 3, 2007
Members of the Common Counci!
City of South Bend
227 West Jefferson Boulevard, Suite 400 S
South Bend, IN 46601
Find' In Clark's Office
0 CT - 3 2007
JOKN YOORDE
CrrY CLERK, S0. BEMD, IK
RE: Kendall Weiss, L.L.P. Petition for 5 year Residential Real Property Tax
Abatement far 6819 Stewart Drive (tot 409 within Lafayette Falls, Phase
111, Section One)
Dear Council Members:
As the agent for Kendal! Weiss, L.t.P., which is a Weiss Homes, Inc.
development partnership, we are requesting a waiver for Lot 409
within Lafayette Falls, Phase Ill, Section One (Instrument #0728461) from
the requirement of obtaining Council action on a tax abatement prior
to the issuance of a building permit. This lot has a common property
address of 6819 Stewart Drive, South Bend, Indiana 46614.
Firstly, !would like to point out that it is the developer's intention since
the development began construction in 2003 to seek residential tax
abatements for every single lot within the Lafayette Falls residential
development. Separate tax abatement petitions have been filed and
have been approved for each individual section of the development
as they have been subdivided.
A 5 year residential real property tax abatement was adopted by the
Common Council on February 12, 2007, (Resolution 3697-07) for Lots
403 through 408. These lots lie immediately to the. north of Lot 409. The
developer was unaware that Lot 409 was not included within this
approved abatement and inadvertently obtained a building permit
for this lot.
By approving this waiver, the owner of Lot 409 will be able to benefit
from the same abatemenfi which has been granted for every other lot
within the development. The City of South Bend will still receive the
additional taxes generated by this improved residential lot based
upon the 5 year abatement schedule. After the 5 year abatement
expires, the City will receive 100 percent of fhe taxes assessed for this
lot.
We strongly believe that the circumstances presented above and the
developer's continuing commitment to invest in this 400 plus lot
October 2007
Lafayette Falls, Phase III, Secfiion One -Lot 409
Waiver for Residential Tax Abatement naoru~na~cee
Citv of South Bend Indiana 2
residential development within the City of South Bend justify the Council's consideration
of our request to waive its policy regarding a residential tax abatement for a single lot
within this development. Therefore, we are respectfully requesting the favorable
consideration of this waiver by both the Council's Community and Economic
Development Committee and the entire Council.
If you have any questions or require any additional information regarding this request,
please do not hesitate to contact ovr office:
Sincerely,
Derek J. Spier, A.LC.P.
Planner
cc: Fie M3-1 l 67-791
Brian Miller, Vi esidenfi of
E-ar~ruction for Weiss Homes, Inc.
F:\Propects\M3-116T'lax Abatement\tax abatement waiver requssi - loi 409_doa