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HomeMy WebLinkAboutDesignating Tax Abatement - Lots 16 and 35 through 68 LaFayette Falls Subdivision Sec 4 - Kendall-Weiss, LLP (5 Year Residential Real Property)RESOLUTION 3546 -05 Passed by the Common Council of the City of South Bend, Indiana December 12, Attest: 05 20_ Presented by me to the Mayor of the City of South Bend, Indiana December 13, 05 20 City Clerk President of Common Council Approved and signed by me December 13 2005 . City Clerk RESOLUTION NO. 3 S �'O57 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 LOTS NUMBERED 16 and 35 THROUGH 68, LA FAYETTE FALLS SUBDIVISION, SECTION FOUR AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) 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 20000 -21000 Block (South Side) of Kern Road, South Bend, Indiana, and which is more particularly described as follows: Street Address: 6614 Armstrong Dr. 6723 Hillenbrand Dr. 6728 Hillenbrand Dr. 6720 Hillenbrand Dr. 6712 Hillenbrand Dr. 6704 Hillenbrand Dr. 6622 Armstrong Dr. 6615 Armstrong Dr. 051205 Slater Dr. 1303 Slater Dr. 1311 Slater Dr. 1319 Slater Dr. 1327 Slater Dr. 1335 Slater Dr. 1343 Slater Dr. 1407 Slater Dr. 1415 Slater Dr. Legal Description: Lot 16 La Fayette Falls, Section 4 Lot 35 La Fayette Falls, Section 4 Lot 36 La Fayette Falls, Section 4 Lot 37 La Fayette Falls, Section 4 Lot 38 La Fayette Falls, Section 4 Lot 39 La Fayette Falls, Section 4 Lot 40 La Fayette Falls, Section 4 Lot 41 La Fayette Falls, Section 4 Lot 42 La Fayette Falls, Section 4 Lot 43 La Fayette Falls, Section 4 Lot 44 La Fayette Falls, Section 4 Lot 45 La Fayette Falls, Section 4 Lot 46 La Fayette Falls, Section 4 Lot 47 La Fayette Falls, Section 4 Lot 48 La Fayette Falls, Section 4 Lot 49 La Fayette Falls, Section 4 Key Number:* 1423 Slater Dr. 1431 Slater Dr. 1439 Slater Dr. 1424 Slater Dr. 1416 Slater Dr. 1408 Slater Dr. 1334 Slater Dr. 1328 Slater Dr. 1320 Slater Dr. 1312 Slater Dr. 1304 Slater Dr. 1208 Slater Dr. or 6705 Lot 50 La Fayette Falls, Section 4 Lot 51 La Fayette Falls, Section 4 Lot 52 La Fayette Falls, Section 4 Lot 53 La Fayette Falls, Section 4 Lot 54 La Fayette Falls, Section 4 Lot 55 La Fayette Falls, Section 4 Lot 56 La Fayette Falls, Section 4 Lot 57 La Fayette Falls, Section 4 Lot 58 La Fayette Falls, Section 4 Lot 59 La Fayette Falls, Section 4 Lot 60 La Fayette Falls, Section 4 Lot 61 La Fayette Falls, Section 4 Hillenbrand Dr. 6711 Hillenbrand Dr. Lot 62 La Fayette Falls, Section 4 6719 Hillenbrand Dr. Lot 63 La Fayette Falls, Section 4 6727 Hillenbrand Dr. Lot 64 La Fayette Falls, Section 4 6735 Hillenbrand Dr. Lot 65 La Fayette Falls, Section 4 6743 Hillenbrand Dr. Lot 66 La Fayette Falls, Section 4 6740 Hillenbrand Dr. Lot 67 La Fayette Falls, Section 4 6732 Hillenbrand Dr. Lot 68 La Fayette Falls, Section 4 ( *The tax key number of the parent parcel is 01- 1002 - 0022.01. The tax key numbers for the individual lots will be assigned by the County Auditor's office after the Secondary Plat is recorded.) 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 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 sue., 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 1. 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 se q., 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. 8845 -97, which was passed on December 8, 1997: 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: L 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 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 Common Counci PRESENTED t F01 APPROVED ADOPTED t 7- - d Filed In Clerk's Office DEC - 7 2005 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 05 -144 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 LOTS NUMBERED 16 AND 35 THROUGH 68, LAFAYETTE FALLS SUBDIVISION , SECTION FOUR AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) 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. Roland Kelly Chairman