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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. E�� �.,kz- i3 �- -1 1 APPRaw M Filed in G! ``:; V_ UQ I ' O JOHN VOOAVE CAP CLERK, SOUTH $ONO, IN 0 0 cs, N a V co C V W G P .-. O) -' U1 W W -� cn O W O (A W CA Cb O 0 0 0 0 0 0 0 ONC71 t70 N C-0 ZZZ OOOOOOO 'V CD W O�� .. 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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.