HomeMy WebLinkAboutConfirming Tax Abatement - Tampico Developments LLC Crescent Oaks Sec 2 (5 Year Residential Property)RESOLUTION
4271 -13
Passed by the Common Council of the City of South Bend, Indiana
August 12,
Attest:
20
13
Presented by me to the Mayor of the City of South Bend, Indiana
. August 13, 20 13
Approved and signed by me
A (4 Gv S 7" /Y
City Clerk
President of Common Council
20 /3.
City Clerk
0
RESOLUTION NO. '� 2-_� (- 13
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
CRESCENT OAKS - SECTION 2
2322, 2330, 2338, 2402, 2408, 2416, 2424, 2432, 2323, 2331, 2339, 2405, 2413,
24219 25099 2517 BASIN STREET, 2440 BASIN STREET OR 5511
RUNNING DEER DRIVE, 2429 BASIN STREET OR 5469 BALBOA PARK
AVENUE
AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
(5) FIVE -YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
TAMPICO DEVELOPMENTS, LLC
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
WHEREAS, a Declaratory Resolution designated the area commonly known as
Lots
32
Address
2322 Basin Street
Tax Key #s
026 - 1035- 059901
33
2330 Basin Street
026- 1035- 059903
34
2338 Basin Street
026 -1035- 059902
35
2402 Basin Street
026 - 1035- 059904
36
2408 Basin Street
026 - 1035- 059905
37
2416 Basin Street
026 -1035- 059906
38
2424 Basin Street
026 - 1035- 059907
39
2432 Basin Street
026 -1035- 059908
40
2440 Basin Street or 5511 Running
Deer Drive 026 - 1035- 059910
41
2323 Basin Street
026 - 1035- 059909
42
2331 Basin Street
026 -1035 - 059911
43
2339 Basin Street
026 -1035- 059912
44
2405 Basin Street
026 -1035- 059913
45
2413 Basin Street
026- 1035- 059914
46
2421 Basin Street
026 - 1035- 059915
47
2429 Basin Street or 5469 Balboa Park Avenue 026 - 1035- 059916
88
2509 Basin Street
026 -1035- 059917
89
2517 Basin Street
026- 1035- 059918
all in Crescent Oaks — Section 2, South Bend, Indiana, and which is more particularly described
as follows:
A PARCEL OF LAND BEING A PART OF PARENT PARCEL OF LAND AS DESCRIBED IN
DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER
OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION
32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, CITY OF SOUTH BEND,
INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00
DEGREES 16 MINUTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST
QUARTER; A DISTANCE OF 1988.74 FEET TO THE SOUTHWEST CORNER OF CRESCENT
OAKS, SECTION ONE A; A REPLAT OF CRESCENT OAKS SECTION ONE, AS RECORDED
UNDER INSTRUMENT NUMBER 0839817 IN THE OFFICE OF RECORDER OF SAID COUNTY;
THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST ALONG THE SOUTH LINE OF
SAID CRESCENT OAKS, SECTION ONE A, A DISTANCE OF 706.23 FEET TO THE
SOUTHEAST CORNER OF CRESCENT OAKS SECTION ONE A, AND THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 31 MINUTES 01 SECONDS WEST,
ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A, A DISTANCE OF 134.72 FEET;
THENCE SOUTH 89 DEGREES 28 MINUTES 59 SECONDS WEST ALONG THE EAST LINE OF
CRESCENT OAKS SECTION ONE A, A DISTANCE OF 10.93 FEET; THENCE NORTH 00
DEGREES 31 MINUTES 01 SECONDS WEST ALONG THE EAST LINE OF CRESCENT OAKS
SECTION ONE A, A DISTANCE OF 188.50 FEET THENCE SOUTH 89 DEGREES 33 MINUTES
02 SECOND EAST; A DISTANCE OF 469.66 FEET; THENCE SOUTH 10 DEGREES 13 MINUTES
03 SECONDS WEST, A DISTANCE OF 1.91 FEET; THENCE SOUTH 79 DEGREES 46 MINUTES
57 SECONDS EAST,, A DISTANCE OF 60.00 FEET; THENCE NORTH 89 DEGREES 51 MINUTES
58 SECONDS EAST, A DISTANCE OF 76.58 FEET; THENCE SOUTH 83 DEGREES 32 MINUTES
59 SECONDS EAST, A DISTANCE OF 73.42 FEET; THENCE SOUTH 05 DEGREES 06 MINUTES
09 SECONDS WEST, A DISTANCE OF 116.50 FEET; THENCE SOUTH 02 DEGREES 05
MINUTES 00 SECONDS WEST, A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 08
MINUTES 03 SECONDS EAST, A DISTANCE OF 121.31 FEET TO THE NORTH LINE OF DEER
HOLLOW SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0443949 IN THE
OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; THENCE SOUTH 89 DEGREES 51
MINUTES 58 SECONDS WEST ALONG SAID NORTH LINE OF DEER HOLLOW AND THE
NORTH LINE OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AS RECORDED
UNDER INSTRUMENT NUMBER 9516217 IN THE OFFICE OF THE RECORDER IN ST. JOSEPH
COUNTY, A DISTANCE OF 651.78 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED
PARCEL CONTAINING 4.81 ACRES, MORE OR LESS.
SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF
RECORD.
2
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 sea., 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 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 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 the adoption of the Declaratory Resolution by the Common Council as shown
by th3 e attachment pursuant to Indiana Code 6- 1.1- 12.1 -17.
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.
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AUG 12
2013
CITY CLEPA, 4a r.Y SENU9 IN
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
June 3, 2013
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
Council Member Henry Davis, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Residential Real Property Tax Abatement Petition for:
Tampico Developments, LLC — Crescent Oaks, Section 2
Dear Council Member Davis:
PHONE: 574/235-9.371
FAx:574/235 -9021
Please find attached the Department of Community Investment's report on a residential real property tax
abatement petition submitted by Bradley Mosness of Abonmarche Consultants for Tampico
Developments, LLC. They intend to develop the undeveloped agricultural property into eighty
residential lots located within Crescent Oaks, Section Two. The initial tax abatement was granted in
2008 but since the housing market has slowed only 18 lots of the proposed 80 lots have been recorded
and received tax identification numbers. 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
develop the eighteen lots at a cost of $2,700,000. The project meets the qualifications for a (5) five -year
real property tax abatement. The petiti6ii6x will be available to meet with the Committee on Monday,
June 24, 2013.
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 -9278.
Sincerely,
4a;6Q Nall1k-
Kathy Hahn
Analyst, Economic Resources
Attachments
cc: South Bend Common Council Members
Mayor Pete Buttigieg
Scott Ford
PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCEs
JITIN KAIN PAMELA C. MEYER DONALD E. INKS
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: KATHY HAHN
PHONE: 574/235 -9371
FAX: 574/235 -9021
SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR:
TAMPICO DEVELOPMENTS, LLC — CRESCENT OAKS, SECTION 2
DATE: June 3, 2013
On November 10, 2008 through resolution # 3921 -08, the petitioner was granted a five year residential tax
abatement for un- platted real property located approximately '/2 mile south of the intersection of Jackson
and Ironwood Roads on the east side of Ironwood (NW 1/4, Section 32, T37N, R3E).Since then only 18 of
the 80 lots have been recorded and received tax identification numbers. In a new petition filed May 31, 2013
Tampico Developments LLC is requesting a new five year residential tax abatement in order to market these
18 lots with a tax abatement incentive. 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 Investment 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 Investment has reviewed the petition (a copy of which is attached),
investigated the area, and makes the following report.
PROJECT DESCRIPTION
Tampico Developments, LLC intends to eventually develop 19.9 acres of agricultural farmland into 80
residential lots. This request is for 18 lots which currently have tax identification numbers. Homes have
been started on four of the lots under the previous abatement. The lots will be located within the proposed
development called Crescent Oaks, Section 2. The homes will range in size from 1,400 to 1,800 square
feet and will contain three bedrooms and have basements.
PLANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RFSOURCEs
JITIN KAIN PAMELA:''C. MEYER DONALD E. INKS
South Bend Common Council
RE: Tampico Developments, LLC
June 3, 2013
Page 2
The estimated average price of a home is $180,000. Total taxes to be abated during the (5) five -year
abatement period on one home are estimated at $8,747. Total taxes to be pgid during the (5) five -year
abatement period on one home are estimated at $1,819. For 18 homes, the taxes abated would be $157,446
for five years and the taxes paid would be $32,742 for five years.
ABATEMENT QUALIFICATION
A review of the tax abatements previously granted, finds that the petitioner, Tampico
Developments, LLC, has been associated with or granted the previous tax abatements.
Term /Type
5 year real property
5 year real property
5 year real property
5 year real property
5 year real property
Resolution No.
Date
3352 -04
07/12/04
3398 -04
10/25/04
3480 -05
07/08/05
3862 -08
05/12/08
3921-08,
11/10/08
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 Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the
qualifications for a (5) five -year residential tax abatement under Section 2 -77.1, Single Family
Residential Construction.