HomeMy WebLinkAboutDesignating Tax Abatement - Lincoln Park Development LLC (5 Year Residential Real Property)Attes
RESOLUTION
4366 -14
Passed by the Common Council of the City of South Bend, Indiana
May 28, 14
20 .
Presented by me to the Mayor of the City of South Bend, Indiana _
May 29, 20 14
lc�—r
City Clerk
ident of Common Council
Approved and signed by me Au y 27 20A.
City Clerk
RESOLUTION NO. { S (Ot--R
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
9149 918,9239 9259 927, 9309 932.5, 1024, & 1030 OAK; 9229 930, 1002.5, 1014,
10189 & 1020 FUERBRINGER; 418, 417, and 500 BLK SHERMAN; 501
HARRISON; 423, 429, & 431 COTTAGE GROVE; 327, 329, 331, 408, 412,
4179 & 403 CUSHING
AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
(5) FIVE -YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR
LINCOLN PARK DEVELOPMENT LLC
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, 914,
918,923, 925, 927, 930, 932.5, 1024, & 1030 Oak; 922, 930, 1002.5, 1014, 1018,
& 1020 Fuerbringer; 418, 417, and 500 blk Sherman; 501 Harrison; 423, 429, &
431 Cottage Grove; 327, 329, 331, 408, 412, 417, & 403 Cushing
South Bend, Indiana, and which is more particularly described as follows:
1) 914 Oak South Bend IN
Parcel ID: 18 -1029 -1276
Legal Description: Lot Numbered Four (4) as shown in the recorded Plat of Lorenz
Fuerbringer's Addition
2) 918 Oak South Bend IN
Parcel ID: 18-1020-1278
Legal Description: West 17 and 4/5 feet of Lot 5 and the East 17 and 4/5 feet of Lot 6
Fuerbringers ls` Addition
3, 4) 923 Oak, 925 Oak, 927 Oak, South Bend IN
Parcel ID: 923 Oak- 18- 1030 -1345
925 Oak- 18- 1030 -1344
927 Oak- 18- 1030 -1343
Legal Description: 923 Oak- 35 Feet E Side lot 11 Fuerbringers 2 "d addition
925 Oak- 17.5 feet East side lot 10 and 17.5 feet West side Lot 11 Fuerbringers 2nd Addition 927
Oak- Except 17.5 Feet West Side Lot 10 Fuerbringers 2 "d Addition
5) 930 Oak and 932.5 Oak South Bend IN
Parcel ID: 930 Oak — 18- 1029 -1281
932.5 Oak 1801029 - 1281.01
Legal Description: 930 Oak- Part of lot 8 of the recorded plat of Fuerbringer's beginning at the
Northeast corner of said Lot 8; running thence South along the East line of said lot, 132 feet to
the Southeast corner thereof, thence West along the South line of said lot, 26.825 feet; thence
North 132 feet to the North line of said lot; thence East along the North line, 26.65 feet to the
place of beginning
932.5 Oak- W '/z Llot 8 Fuerbringers I" addition
6) 1024 Oak South Bend IN
Parcel ID: 18-1033-1449
Legal Description: Lot 6 William Millers
7) 1030 Oak St South Bend IN
Parcel ID: 18 -1033 -1447
Legal Description: Lot 8 William Millers
8) 922 Fuerbringer South Bend IN
Parcel ID: 18 -1030 -1334
Legal Description: Lot Numbered 22 as shown on the recorded plat of Fueebringer's Second
Addition to South Bend, except 10 feet off of the West side thereof and except a parcel described
as beginning 18 inches West of the Northeast corner of lot 22: thence East 18 inches to the
Northeast corner; thence South to the Southeast corner of lot 22; thence West 1 foot 9 inches,
thence Northeast to the place of beginning
9) 930 Fuerbringer South Bend IN
Parcel ID: 18 -1030 -1333
Legal Description: All of Lot numbered 29 and part of Lot numbered 22, of Fuerbringer's 2 "a
Addition, described as beginning at the Northwest corner of said lot numbered 23; running
thence East along the South line of Fuerbringer St 50 feet; thence Southerly 120 feet to a point
on the North line of a public alley, which point is 10.58 feet east of the Southeast corner of said
lot numbered 23; thence West 50.58 feet to the Southeast corner of lot number 23; thence North
120 feet to the place of beginning
10) 1002..5 Fuerbringer South Bend IN
Parcel ID: 18 -1030 -1332
Legal Description: Lot 24 Fuerbringers 2 "d Addition
11, 12, 13) 1014 Fuerbringer, 1020 Fuerbringer, 418 Sherman, 1018 Fuerbringer, 418 Sherman
South Bend IN
Parcel ID: 1014 Fuerbringer- 18 -1034 -1499
1020 Fuerbringer- 18 -1034 -1497
418 Sherman-18- 1034 - 1497.02
1018 Fuerbringer- 18- 1034 -1498
418 Sherman- 18- 103401498.02
Legal Description: Wunderlich Subdivision lots 1 -3 and 5 of Witherill's addition
14) 417 Sherman South Bend IN
Parcel ID: 18 -1034 -1490
Legal Description: Lot 4 Witherill's
15) 500 Blk Sherman South Bend IN
Parcel ID: 10 -1034 -1480
Legal Description: Lot 16 O.S Witherills 2 "a Addition
16) 501 Harrision South Bend IN
Parcel ID: 18- 103001311
Legal Description: Lot numbered 6 as shown on the recorded plat of Rockstroh and Nickel's
First Addition
17) 423 Cottage Grove South Bend IN
Parcel ID: 18 -1030 -1329
Legal Description: Lot 27 of Fuerbringer's 3`a Addition
18) 429 Cottage Grove South Bend IN
Parcel ID: 18 -1030 -1327
Legal Description: Lot 29 Fuerbringers 3`a Addition
19) 431 Cottage Grove South Bend IN
Parcel ID: 18 -1030 -1326
Legal Description: Lot 30 Fuerbringer's 3ra
20) 327 Cushing and 329, 331 Cushing South Bend IN
Parcel ID: 327 Cushing- 18 -1028 -1254
329 and 331 Cushing- 18 -1028 -1253
Legal Description: 327 Cushing- the south 34 feet of Lot 18, Heintzman's 329 and 331 Cushing -
The north 30.57 feet of lot 18, Heintzman's addition
21)408 Cushing and 412 Cushing South Bend IN
Parcel ID: 408 C�ushing- 18- 1028 -1266
412 Cushing -18- 1028 -1265
Legal Description: 408 Cushing- S '/2 Llot 6 Heintzman's Addition,
412 Cushing- the North '/z of lot 6 Heintzman's Addition
22, 23, 24) 417 Cushing and 403 Cushing South Bend IN
Parcel ID: 417 Cushing- 18- 1028 -1249
403 Cushing -18- 1028 -1252
Legal Description: 417 Cushing — the South % Llot 15, Heintzman's Addition
403 Cushing - lot 16 and 17 Heintzmans addition
and this property has Tax Key Numbers 018 - 1029 -1276, 018-1029-1278,018-1030-1345,018-
1030-1344, 018-1030-1343, 018-1029-1281, 018-1030-1281.01, 018-1033-1449, 018-1033-
1447, 018-1030-1334, 018-1030-1333, 018-1030-1332, 018-1034-1499, 018-1034-1497, 018-
1034-1497.02; 018-1034-1498, 018-1034-1498.02, 018-1034-1490, 018-1034-1480, 018-1030-
1311, 018-1030-1329, 018-1030-1327, 018-1030-1326, 018-1028-1254, 018-1028-1253, 018-
1028-1266, 018 - 1028 -1265, 018 - 1028 -1249, and 018 - 1028 -1252 be designated as a
Residentially Distressed Area 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, the Department of Community Investment 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 sM., and
South Bend Municipal Code Sections 2 -76, et se g., 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 Investment 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 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
I]
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
granted under Indiana Code 6 -1.1- 12.1 -3.
SECTION V. The Common Council hereby accepts the report and recommendation of the
Community Investment 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 as shown by the attachment
pursuant to Indiana Code 6 -1.1- 12.1 -17.
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.
Filed in Clerk's Office
W 28 ?Oi4
JOIN V60RDs
COW OLXRX, SOUTH BEND, IN