HomeMy WebLinkAboutDesignating Tax Abatement - D & H Home Builders Inc. Lots 1a, 4, 8, 11, 12, 16, 18, 29, 34, 41, 42, 44 and 45 Royal Oak Estates Sub. Sec 1 (5 Year Residential Property)Attest:
RESOLUTION
3488 -05
Passed by the Common Council of the City of South Bend, Indiana
July 11,
05
20_.
Presented by me to the Mayor of the City of South Bend, Indiana
July 12,
05
City Clerk
President of Common Council
Approved and signed by me July 1 3, 20 05 .
City Clerk
M.
RESOLUTION NO. 3Ur QS'
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
LOT NUMBERS la, 4, 8,11,12,16,18, 29, 34, 41, 42, 44 and 45 ROYAL
OAK ESTATES SUBDIVISION, SECTION 1
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
D & H HOME BUILDERS, INC.
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 area commonly known as Lots Ia, 4, 8, 11,
12, 16, 18, 29, 34, 41, 42, 44 and 45 Royal Oak Estates Subdivision, Section 1, South Bend,
Indiana, and which is more particularly described as follows:
Street Address
Leeal Description
Key Number
5569 Buckhom Dr.
Lot la Royal Oak Estates, Section 1
23- 1238 - 038111
5655 Buckhom Dr.
Lot 4 Royal Oak Estates, Section 1
23- 1238 - 038114
533 Hildebrand St.
Lot 8 Royal Oak Estates, Section 1
23 -1238- 038118
612 Hildebrand St.
Lot 11 Royal Oak Estates, Section 1
23- 1238 - 038121
656 Hildebrand St.
Lot 12 Royal Oak Estates, Section 1
23- 1238 - 038122
or 5695 Buckhorn Dr. (corner lot)
5619 Yellow Wood Dr. Lot 16 Royal Oak Estates, Section 1 23- 1238- 038126
or 762 Boxwood Dr. North (corner lot)
5677 Yellow Wood Dr. Lot 18 Royal Oak Estates, Section 1 23- 1238 - 038128
839 Nutmeg Court Lot 29 Royal Oak Estates, Section 1 23- 1238 - 038129
5740 Boxwood Dr. Lot 34 Royal Oak Estates, Section 1 23- 1238- 038144
815 Boxwood Dr. North
Lot 41 Royal Oak Estates, Section 1
23- 1238 - 038151
805 Boxwood Dr. North
Lot 42 Royal Oak Estates, Section 1
23- 1238 - 038152
735 Boxwood Dr. North
Lot 44 Royal Oak Estates, Section 1
23- 1238 - 038154
719 Boxwood Dr. North
Lot 45 Royal Oak Estates, Section 1
23- 1238 - 038155
or 5590 Buckhorn Drive (comer lot)
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 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
NOT APPROVED
7,DOPTED –I.l\—D -S�
W!Y
Member of the Com on Council
Filed In Cler" Office
JUL - 0 2005
r
aoraa vooas �so, i�.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
05 -83 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 LOT NUMBERS 1a, 4, 8, 11, 12, 16, 18, 29, 34, 41, 42,44 AND 45
ROYAL OAK ESTATES SUBDIVISION, SECTION 1 AS A
RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT
FOR D & H HOME BUILDERS, INC.
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