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Home My WebLink AboutDesignating Tax Abatement - Various Stewart Dr. , Vawter Circle, Lutz Drive, Lafayette Falls - Kenall-Weiss, LLPRESOLUTION 3805-07 Passed by the Common Council of the City of South Bend, Indiana October 22, Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 22, Approved and signed by me October 24, 20 ~ ~ City Clerk 207 2(3" 7 ~Ya' RESOLUTION NO. 3 $~c~S- 0) 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 6842, 6838, 6834, 6830, 6826, 6822, 6818, 6819, 6823, 6827, 6831, 6835, 6839 AND 6843 STEWART DRIVE; 6919, 6909, 6817, 6805, 6755 (OR 938 VAWTER CIRCLE), 6731 (OR 939 VAWTER CIRCLE), 6723, 6712, 6722, 6732, 6742, 6804, 6812 AND 6820 LUTZ DRIVE; AND 932, 926, 920, 914, 908, 902, 903, 909, 915, 921, 927 AND 933 VAWTER CIRCLE ALL IN LAFAYETTE FALLS 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 6842, 6838, 6834, 6830, 6826, 6822, 6818, 6819, 6823, 6827, 6831, 6835, 6839 AND 6843 STEWART DRIVE; 6919, 6909, 6817, 6805, 6755 (OR 938 VAWTER CIRCLE), 6731 (OR 939 VAWTER CIRCLE), 6723, 6712, 6722, 6732, 6742, 6804, 6812 AND 6820 LUTZ DRIVE; AND 932, 926, 920, 914, 908, 902, 903, 909, 915, 921, 927 AND 933 VAWTER CIRCLE ALL IN LAFAYETTE FALLS, South Bend, Indiana, and which is more particularly described as follows: Legal Description: lots 396 through 402 and 409 through 415 within Lafayette Falls, Phase III, Section One: A part of the northwest quarter of section 2, township 36 north, range 2 east, centre township, city of South Bend, St. Joseph County, Indiana, being particularly described as follows: lots 396 through 402 and 409 through 415 of Lafayette Falls, Phase III, Section One as recorded under instrument number 0728461 in the office of recorder of said county. Subject to right-of--way, easements, covenants and restrictions of record. Legal Description: lots 314 through 339 within Lafayette Falls, Phase III, Section Two (Proposed): A part of the northwest quarter of section 2, township 36 north, range 2 east, Centre Township, City of South Bend, St. Joseph County, Indiana, including a part of lots 209 through 211 in Lafayette Falls, Section Two as recorded under instrument number 0451995 in the office of recorder of St. Joseph County, Indiana, and being particularly described as follows: commencing at the north quarter corner of said section two, said corner lying south 89 degrees 04 minutes 47 seconds east, a distance of 2631.12 feet from the northwest corner of said northwest quarter, said corner being marked with a railroad spike, 0.1 feet below the road surface and 3.99 feet north of record corner on the north-south record line; thence south 00 degrees OS minutes O1 west along the east line of said northwest quarter, a distance of 1625.11 feet to the northeast corner of said lot 211 and the point of beginning; thence continuing south 00 degrees OS minutes O1 second west along said east line, a distance of 1041.75 feet to the south line of said northwest quarter; thence south 89 degrees 19 minutes 47 seconds west, a distance of 517.06 feet; thence north 34 degrees 39 minutes 21 seconds west, a distance of 207.75 feet; thence south 55 degrees 20 minutes 39 seconds west, a distance of 100.00 feet; thence north 34 degrees 39 minutes 21 seconds west, a distance of 100.00 feet; thence north 55 degrees 20 minutes 39 seconds east, a distance of 100.00 feet; thence north 34 degrees 39 minutes 21 seconds west, a distance of 114.97 feet; thence north 49 degrees 57 minutes 33 seconds east, a distance of 90.86 feet; thence north 25 degrees OS minutes 08 seconds east, a distance of 170.00 feet; thence north 03 degrees 49 minutes 12 seconds west, a distance of 84.83 feet; thence north 56 degrees 29 minutes 48 seconds west, a distance of 103.31 feet to the southeast corner of lot 186 in said Lafayette Falls, Section Two; thence the next three courses along the boundary of said Lafayette Falls, Section Two, exclusive of outlot "c": (1) north 37 degrees 28 minutes 38 seconds east, a distance of 155.59 feet; (2) thence south 54 degrees 31 minutes 07 seconds east, a distance of 36.95 feet; (3) thence north 35 degrees 28 minutes 53 seconds east, a distance of 211.21 feet to the southwest line of lot 206 in Lafayette Falls, Section One as recorded under instrument number 0441358 in the office of said recorder; thence south 58 degrees 15 minutes 59 seconds east, a distance of 223.18 feet to the southeast corner of lot 208 in said Lafayette Falls, 2 section two; thence north 12 degrees 16 minutes 32 seconds east, a distance of 193.19 feet to the northeast corner of said lot 208 and a point of curvature of a non-tangent curve, having a radius of 225.00 feet, a central angle of 18 degrees 03 minutes 43 seconds, and a chord of 70.64 feet bearing south 80 degrees 52 minutes 00 seconds east; thence the next two courses along the south right-of--way line of potter point drive: (1} southeasterly along said curve, a distance of 70.93 feet; (2) thence south 89 degrees 53 minutes 51 seconds east, a distance of 161.11 feet to the point of beginning; said described tract containing 14.397 acres, more or less; excluding therefrom proposed lots 209 through 211 within the proposed plat of Lafayette Falls, Phase III, Section Two, yielding a net acreage of 13.362 acres, more or less. Subject to easements, covenants, and restrictions of record. and this property which has Parent Parcel Tax Key Number 23-1002-0022.01, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et sea., and South Bend Municipal Code Sections 2-76 et seq., 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 qualifies as a Residentially Distressed Area under Indiana Code 6-1.1- 12.1, et sew., and South Bend Municipal Code Sections 2-76, et seq., 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: 3 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 4 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. 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 PRESENTED l ~_2.L--b~ NOT APPROVED ADOPTED ~ 0"~'~--~) Filed in Clerk's Office OCR 1 0 2007 JOHN VSD ABEND, IN. CITY CLE~tK, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 07-130 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 6842, 6838, 6834, 6830, 6826, 6822, 6818, 6819, 6823, 6827, 6831, 6835, 6839 AND 6843 STEWART DRIVE; 6919, 6909, 6817, 6805, 6755 (OR 938 VAWTER CIRCLE), 6731 (OR 939 VAWTER CIRCLE), 6723, 6712, 6722, 6732, 6742, 6804, 6812 AND 6820 LUTZ DRIVE; AND 932, 926, 920, 914, 908, 902, 903, 909, 915, 921, 927 AND 933 VAWTER CIRCLE ALL IN LAFAYETTE FALLS 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