HomeMy WebLinkAboutConfirming Tax Abatement - Kendall-Weiss LLP Lots 225-235 LaFayette Falls Sub. Section 3 (5 Year Residential Property)RESOLUTION
3481 -05
Passed by the Common Council of the City of South Bend, Indiana
June 27,
Attest:
05
20_.
Presented by me to the Mayor of the City of South Bend, Indiana
June 28,
05
City Clerk
President of Common Council
Approved and signed by me June 29 205,
City Clerk
M
RESOLUTION NO. 3qt' S
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
LOTS NUMBERED 225 THROUGH 235, LA FAYETTE FALLS
SUBDIVISION, SECTION THREE
AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
KENDALL- WEISS, LLP
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 20000-
21000 Block (South Side) of Kern Road, South Bend, Indiana, and which is more
particularly described as follows:
Street Address:
Legal Description:
Key Number:
1014 Cary Court
Lot 225
La
Fayette
Falls, Section 3
01 -1002- 002297
1006 Cary Court
Lot 226
La
Fayette
Falls, Section 3
01 -1002- 002298
930
Cary
Court
Lot 227
La
Fayette
Falls, Section 3
01 -1002- 002299
920
Cary
Court
Lot 228
La
Fayette
Falls, Section 3
01 -1002- 002300
912
Cary
Court
Lot 229
La
Fayette
Falls, Section 3
01 -1002- 002301
902
Cary
Court
Lot 230
La
Fayette
Falls, Section 3
01 -1002- 002302
905
Cary
Court
Lot 231
La
Fayette
Falls, Section 3
01 -1002- 002303
915
Cary
Court
Lot 232
La
Fayette
Falls, Section 3
01- 1002 - 002304
923
Cary
Court
Lot 233
La
Fayette
Falls, Section 3
01- 1002- 002305
931
Cary
Court
Lot 234
La
Fayette
Falls, Section 3
01- 1002 - 002306
939
Cary
Court
Lot 235
La
Fayette
Falls, Section 3
01 -1002- 002307
be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-
1.1 -12.1 et se q., and South Bend Municipal Code Sections 2 -76 et seq., 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 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 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 adoption of the Declaratory Resolution by the
Common Council.
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
farther 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 se .
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.
1 — �
Member of the Common C nci
Filed In Clerk's Office
JUN - 82005
PRESiNTED
NOT APPROVED
ADOPTED \ -P -6 3j
1200 COuNIV -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
June 2, 2005
PHONE 574 /235 -9371
FA 574/235 -9021
TDD 574/ 235 -5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
SHARON T. KENDALL
EXECUTIVE DIRECTOR
Council Member Ann Puzzello, Chairperson
Community & Economic Development Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Residential Real Property Tax Abatement Petition for:
Kendall - Weiss, LLP
Lots numbered 225 through 235, Lafayette Falls Subdivision, Section Three
Dear Council Member Puzzello:
Please find attached the Department of Community & Economic Development's report on a residential
real property tax abatement petition for Kendall - Weiss, LLP for development of eleven (11) lots for
single family housing in a new subdivision. 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 a 116 acre subdivision with two hundred sixty -six (266) lots. This application is for the third
section consisting of eleven (11) lots. The homes will be approximately 1,800 to 2,000 square feet. The
development project meets the qualifications for a five (5) year real property tax abatement. The
petitioner will be available to meet with the Committee on Monday, June 13, 2005.
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 -5825.
Sincerely, J
T dd chafl�r /(�
Economic Development Specialist
Attachments
c: South Bend Common Council Members
Mayor Stephen Luecke
Sharon Kendall
Don Inks
Bob Mathia
COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM
PAMELA C. MEYER DONALD E. INKS MANAGEMENT
574/235 -9660 574/235 -9371 ELIZANETH LEONARD
FAx: 5741235 -9697 574/235 -9371