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Home My WebLink AboutDesignating Tax Abatement - Woodhaven Phase 2 Lots 20 through 36, 122, 123 and 152 through 156 - Woodhaven, LLC (5 Year Residential Real Property)RESOLUTION 3502 -05 Passed by the Common Council of the City of South Bend, Indiana August 8, 05 20_. Attest: Presented by me to the Mayor of the City of South Bend, Indiana August 8, 20 05 City Clerk President of Common Council City Clerk Approved and signed by me Auous t _ 9 2005 0 RESOLUTION NO. 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 WOODHAVEN PHASE 2 LOTS 20 THROUGH 36,122,1239 AND 152 THROUGH 156 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WOODHAVEN, LLC WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has 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 areas commonly known as a parcel of land being a part of the West Half of the Northeast Quarter of Section 22, Township 37 North, Range 2 East, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 2205 Irvington Drive Lot 20 Woodhaven Phase 2 18- 8154- 554536 or 2632 Stansbury Drive 2215 Irvington Drive or 2630 Bailey Court 2622 Bailey Court 2614 Bailey Court 2615 Bailey Court 2625 Bailey Court 2311 Irvington Drive or 2633 Bailey Court 2314 Irvington Drive 2306 Irvington Drive 2228 Irvington Drive 2220 Irvington Drive 2212 Irvington Drive 2204 Irvington Drive 2140 Irvington Drive 2132 Irvington Drive 2124 Irvington Drive 2118 Irvington Drive or 2703 Emerson Forest Parkway Lot 21 Woodhaven Phase 2 18- 8154 - 554537 Lot 22 Woodhaven Phase 2 18- 8154 - 554538 Lot 23 Woodhaven Phase 2 18- 8154 - 554539 Lot 24 Woodhaven Phase 2 18- 8154 - 554540 Lot 25 Woodhaven Phase 2 18- 8154 - 554541 Lot 26 Woodhaven Phase 2 18- 8154 - 554542 Lot 27 Woodhaven Phase 2 18- 8154 - 554543 Lot 28 Woodhaven Phase 2 Lot 29 Woodhaven Phase 2 Lot 30 Woodhaven Phase 2 Lot 31 Woodhaven Phase 2 Lot 32 Woodhaven Phase 2 Lot 33 Woodhaven Phase 2 18- 8154 - 554544 18- 8154 - 554545 18- 8154 - 554546 18- 8154 - 554547 18- 8154 - 554548 18- 8154 - 554549 Lot 34 Woodhaven Phase 2 18- 8154 - 554550 Lot 35 Woodhaven Phase 2 18- 8154 - 554551 Lot 36 Woodhaven Phase 2 18- 8154 - 554552 2706 Emerson Forest Parkway or 2103 Baltimore Drive 2736 Emerson Forest Parkway or 2102 Downing Circle 2628 Emerson Forest Parkway or 2103 Downing Circle 2629 Emerson Forest Parkway 2635 Emerson Forest Parkway or 2115 Irvington Drive 2123 Irvington Drive 2131 Irvington Drive or 2636 Stansbury Drive Lot 122 Woodhaven Phase 2 18- 8154 - 554553 Lot 123 Woodhaven Phase 2 18- 8154 - 554554 Lot 152 Woodhaven Phase 218- 8154 - 554555 Lot 153 Woodhaven Phase 2 18- 8154 - 554556 Lot 154 Woodhaven Phase 2 18- 8154 - 554557 Lot 155 Woodhaven Phase 2 18- 8154 - 554558 Lot 156 Woodhaven Phase 2 18- 8154 - 554559 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 se q., 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 sM., and South Bend Municipal Code Sections 2 -76, et seo., 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 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. 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: 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 Councils 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 be 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. PRESENTED ��g-aS- NOT APPROVED ADOPTED T$Z,�- Member of the CoAon Council Filed in Clerk's Office :fly - 3 2005 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 05 -99 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 WOODHAVEN PHASE 2 LOTS 20 THROUGH 36, 122, 123, AND 152 THROUGH 156 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WOODHAVEN, LLC 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