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HomeMy WebLinkAboutConfirming Tax Abatement - 701 South Grant Street and 601 Cottage Grove Ave. - Habitat for HumanityRESOLUTION 3866-08 Passed by the Common Council of the City of South Bend, Indiana May 27, 20 08 Attest: w 7 ~9 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 28, 2008 Approved and signed by me June 2 20 08 city clerk ~Y~' RESOLUTION NO. 3 g~~"© ~ A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 701 SOUTH GRANT STREET AND 601 COTTAGE GROVE AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and requesting that the areas commonly known as 701 South Grant Street and 601 Cottage Grove Avenue, South Bend, Indiana, and which are more particularly described as follows: Lot 62 & N % Lot 61 Gorsuchs 4~' Add. and Lot 28 & No. '/s Vac Alley South & Adj. Cushing & Lindsey and these properties have Tax Key Numbers 18-4007-0236, and 18-1068-2914, be designated as Residentially Distressed Areas under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory 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 tact 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 S -LT -Og NOT APPROVED ADOPTEC! ~ S - 2~ - ~$ 3 F;^~ !~ ~ieriz's Office 4~~iii ~~~~~il C CITY CLEnX, "a. uEi~,D !':V. 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 ~L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR Apri18, 2008 Council Member Derek D. Dieter, 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: HABITAT FOR HUMANITY (701 S. Grant St./601 Cottage Grove Ave.) Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Habitat for Humanity to build two (2), new, single- family homes at 701 South Grant Street and 601 Cottage Grove 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 two (2), new, single-family homes at a cost of $73,000 each. 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, Apri128, 2008. 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 235-5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL 8C PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELlzaearlt LEONARD FAX: 5741235-9697 5741235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 5741235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: HABITAT FOR HUMANITY (701 S. Grant St./601 Cottage Grove Ave.) DATE: April 8, 2008 On April 8, 2008, a petition for residential tax abatement consideration for real property located at 701 South Grant Street and 601 Cottage Grove Avenue was filed with the City Clerk by Habitat for Humanity. The property located at 601 Cottage Grove is currently owned by the Near Northwest Neighborhood Association and Habitat submitted the abatement request on behalf of that owner. 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 petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Habitat for Humanity plans to build two, new, single-family residences. The new houses will have 1120 to 1360 square feet, 3 bedrooms and one bathroom. The house on Grant Street will have a four foot crawl space and the one on Cottage Grove will have a full basement and a second story. The price of each of the homes will be $73,000. These homes will be offered to qualified, low-income families using a no-interest loan and mortgage. Taxes to be abated during the (5) five-year abatement period are estimated at $672.22 per year for each home for a total of $3,361.09. Taxes to be paid during the (5) five-year abatement period are estimated at $274.10 per year for each home for a total of $1,370.51. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL HL 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 Common Council RE: Habitat for Humanity Apri18, 2008 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has been associated with thirteen (13) previous tax abatements. Term/Type Resolution No. Date 5-year real property 3799-07 October 8, 2007 5-year real property 3738-07 April 23, 2007 5=year real property 3737-07 Apri123, 2007 5-year real property 3585-06 May 8, 2006 5-year real property 3448-OS April 25, 2005 5-year real property 3393-04 October 11, 2004 5-year real property 3389-04 September 27, 2004 5-year real properly 3388-04 September 27, 2004 5-year real property 3387-04 September 27, 2004 5-year real properly 3203-03 June 23, 2003 5-year real property 2894-00 June 26, 2000 5-year real property 2862-00 Apri124, 2000 5-year real property 2610-98 April 27, 1998 2. The Building Commissioner has reviewed this petition and finds the properties to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the properties are not located in any of the development areas; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is not 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 8-Apr-08 Habitat for Humanity South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: $73,000.00 Total Taxes Tax Abated** Tax Paid*** Assessed Value: STRUCTURE (assume 85% of project cost) 62,050.00 62,050.00 62,050.00 LAND (assume $10,000) 10,000.00 N/A N/A Gross Assessed Value 72,050.00 62,050.00 62,050.00 Less Mortgage Exemption (3,000.00) (3,000.00) (3,000.00) Less Standard Homeowners Deduction (34,525.00) (34,525.00) (34,525.00) Base Assessed Value 34,525.00 24,525.00 24,525.00 Less Maximum Abatement Deduction N/A N/A (24,525.00) Less Non-Abated Amount N/A 0.00 N/A Plus Land Assessed Value N/A N/A 10,000.00 Net Assessed Value 34,525.00 24,525.00 10,000.00 Property Taxes: Assume constant tax rate of 5.1524% 5.1524% 5.1524% Gross Tax (tax rate x net assessed value) 1,778.87 1,263.63 515.24 Less SRTC: 21.6906% (385.85) (274.09) (111.76) Less Homestead Credit: 32.0670% (446.70) (317.32) (129.38) Net Tax 946.32 672.22 274.10 Year Net Assessed Value Total Taxes Due Tax Abated Tax Paid 1 34,525.00 946.32 672.22 274.10 2 34,525.00 946.32 672.22 274.10 3 34,525.00 946.32 672.22 274.10 4 34,525.00 946.32 672.22 274.10 5 34,525.00 946.32 672.22 274.10 5 year totals: 4,731.60 3,361.09 1,370.51 *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. ESTIMATED TOTAL TAX REVENUE Habitat for Humanity 701 Grant St./601 Cottage Grove LAND* BUILDINGS"" TOTAL Year1 $293 $548 $841 Year2 293 548 841 Year3 293 548 841 Year4 293 548 841 Years 293 548 841 Total $1,465 $2,740 $4,205 *Current tax levy for the two properties. "*Includes both houses. CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the Ciry of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et seq., and South Bend Municipal Code Sec. 2-76 et seq., for this petition states the following: 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 general statement as to the importance of the project (use additional sheet for long project descriptions): Habitat for Humanity will construct one affordable single family home on each lot Habitat will use volunteer labor and donated materials to build the home. Habitat will then sell the house to a qualified low- income family at appraised value using a no-interest loan and mortgage. Both houses will have 3 bedrooms and 1 bathroom. The house on Grant Street will have a four foot crawl space. The house on Cottage Grove will have a full basement and a second story. 2. Estimate the dollar value of the construction project (do not include land cost): $73.000 per house. 3. The real property for which tax abatement consideration is petitioned is owned or to be owned by the following individual(s) or corporations (if the 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): Name Address Interest Habitat for Humanity of St. Joseph County; 402 E. South St.. South Bend, IN 46601; Owner -Grant Street Near Northwest Neighborhood; 1007 Portage Ave.. South Bend, IN 46616: Cwvner -Cottage Grove 4. The commonly known address of the Property is: see attached and having tax key no.: see attached (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. The current assessed valuation of the property before construction: see attached (use additional sheet for multiple addresses). (This information may be obtained from the St. Joseph County Assessor's Office, 235- 9523). 8. 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 owner or a previous owner (use additional sheet for multiple addresses): At 701 S. Grant Street. the taxes paid for 05/06 were $80.70 and the taxes paid for 06/07 were $126.75. At 601 N. Cottage Grove. the taxes paid for 05/06 were $879.78 and the taxes paid for 06/07 were $166.35. The reason the taxes dropped so dramatically for the Cottage Grove property is that a house that was previously on the property was demolished. (This information maybe obtained from the St. Joseph County Treasurers office, 235-9531) 10. What is your best estimate of the after completion market value of the property: $85,000 per house. 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. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: Both of these homes will be partially underwritten by a SHOP grant written through Habitat for Humanity International and funded by HUD. Construction will be subsidized by Development Grants provided b~St. Joseph County Housine Consortium. 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 normal development of the property: A substantial number of the houses in this area are in need of minor or major repairs to make them at least "standard" housing. The property on Cottage Grove is located within aLow-Income Housine Tax Credit Qualified Census Tracts. These are federally designated regions which have been identified as financially depressed with a significant percentaee of residents who live below the poverty line. 14. The current use of the property is Vacant and the current zoning is SF2 Single Family. (This information maybe obtained from the Building Department 235-9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): Neither property is located in an Allocation Area. 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name: David Hatch Address: Habitat for Humanity. 402 E. South Street City, State, Zip: South Bend. IN. 46601 Telephone: 5 74-288-6967 WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, 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 the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): Habitat r Hit /ani~ of St. ose h Coun By: - --~ --~ ~~- - - - David Hatch. Executive Director (Typed or printed name and capacity) Near Northwest Neighborhood ~~~~ `` "" By~ ~~~~L C • Cit. f1',~- (Typed or print d ' ^ ~ ; - ~ H r IP11~d~~~v~ `, APR - 8 2 2 ~ot;r! vec~o~ CITY CLEn~, S0. Be?!D, !?~. Limited Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that I, Y v.er~ f~r`ns(e~l, representing Near Northwest Neighborhood, do hereby constitute and appoint Dave Hutch of Habitat for Humanity of St. Joseph County to be our true and lawful attorneys-in-fact with full power in our name and stead for and on our behalf to represent Near Northwest Neighborhood before any commission meeting that the City of South Bend, Indiana may have, including its Common Council for the sole purpose of obtaining tax abatement for any development with regard to the following lots: 18-1068-2914 I hereby ratify all that said attorneys-in-fact shall lawfully due or cause to be done by virtue of these presents. ~J ~~QtL IN WITNESS WHEREOF, I have hereto set my hand this T day of , 2008. ~Aw~C. Qr~;<Qe Before me, the undersigned, a Notary Public in and for said County and State, came n,Ly~~ ; n5 k.Y and acknowledged the execution of the above Limited Power of Attorney. Witnes my hand and official seal this y~_ day of rte, 2008. r4p ~ .' ~ My commission expires: ~ ~` %AREidbLPILrIRZAg NOTARYP[TBIIC STATE OF R~IDIANA ST, JOSEPH COiJN7Y MYCOA4~¢99IAti` ~P: SF~fBER 4,2008 Flinn ~, .. ' `' ~_ .: ,. ,~.~_` ^ ., n F Aj ~~ '~p. 4.) The commonly known addresses and key numbers of the properties. Street Address Key Number 701 S. Grant Street 18-4007-0236 601 Cottage Grove Avenue 18-1068-2914 Exhibit A Street Address Key Number Legal Description 701 S. Grant Street 18-4007-0236 Lot 62 & N 1/2 Lot 61 Gorsuchs 4th Add 601 Cottage Grove 18-1068-2914 Lot 28 & No.1/2 Vac Alley South & Avenue Adj. Cushing & Lindsey ~`~#i.. {t~ 4.• ',Pit - 8 2008 ~r,a to~ ut;~,iy. cin c~~:,x, ~~. Exhibit B.1 tsa~621U 1611440 In72; ~ta4~7 ~1a40174'9ri i ~is ao t7iy ~t- aot54~5: r1a4075h' 3' 1sa0z1o 0 15a0i1 D73G ~134CQ74 319 1a-0017-0Y~., 1..a01T4Y ~ 1840164>51 1a-iol5ts i 1 ~ .. j 184021L732184CQ14733 134021[ 37~~1d4077Cr't,' ~iLa0174 ~~ M1=.a0154'v.~ M784016N~7 i 111111 1a4o21t 311a40.14T36 ~fa40214T3r~ ~fa4olriccc~: ~ta40i74C4t~ ~_„......_,.-... 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