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Home My WebLink AboutDesignating Tax Abatement - Garden Homes by E.L. Inc. Lots 1 through 46 The Oaks Subdivision (5 Year Residential Property)RESOLUTION 3419 -05 Passed by the Common Council of the City of South Bend, Indiana February 14, Attest: 20 05. Presented by me to the Mayor of the City of South Bend, Indiana February 15, 20 05 Approved and signed by me February 15, City Clerk President of Common Council 05 20— . City Clerk 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 LOTS NUMBERED 1 THROUGH 46, THE OAKS SUBDIVISION AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN HOMES BY E.L., INC. 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 vacant land on the south side of Brick Road, % a mile east of Portage, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 4412 Garden Oak Drive Lot 1 The Oaks 04- 1014 - 022801 4404 Garden Oak Drive Lot 2 The Oaks 04 -1014- 022802 4384 Garden Oak Drive 4376 Garden Oak Drive 4370 Garden Oak Drive 4364 Garden Oak Drive 4358 Garden Oak Drive 4352 Garden Oak Drive 4346 Garden Oak Drive 4340 Garden Oak Drive 4334 Garden Oak Drive 4328 Garden Oak Drive 4320 Garden Oak Drive 4314 Garden Oak Drive 4308 Garden Oak Drive 4302 Garden Oak Drive 4228 Garden Oak Drive 4220 Garden Oak Drive 4212 Garden Oak Drive Or 2405 Flat Creek Drive 4150 Garden Oak Court Or 2404 Flat Creek Drive 4142 Garden Oak Court Lot 3 The Oaks Lot 4 The Oaks Lot 5 The Oaks Lot 6 The Oaks Lot 7 The Oaks Lot 8 The Oaks Lot 9 The Oaks Lot 10 The Oaks Lot 11 The Oaks Lot 12 The Oaks Lot 13 The Oaks Lot 14 The Oaks Lot 15 The Oaks Lot 16 The Oaks Lot 17 The Oaks Lot 18 The Oaks Lot 19 The Oaks Lot 20 The Oaks Lot 21 The Oaks 04- 1014 - 022803 04 -1014- 022804 04 -1014- 022805 04 -1014- 022806 04 -1014- 022807 04- 1014- 022808 04- 1014- 022809 04- 1014- 022810 04- 1014- 022811 04- 1014 - 022812 04- 1014 - 022813 04- 1014 - 022814 04 -1014- 022815 04 -1014- 022816 04 -1014- 022817 04- 1014- 022818 04- 1014- 022819 04- 1014 - 022820 04- 1014 - 022821 4134 Garden Oak Court Lot 22 The Oaks 04- 1014 - 022822 4131 Garden Oak Court Lot 23 The Oaks 04- 1014 - 022823 4141 Garden Oak Court Lot 24 The Oaks 04- 1014 - 022824 Or 2506 Flat Creek Drive 2514 Flat Creek Drive Lot 25 The Oaks 04- 1014- 022825 2519 Flat Creek Drive Lot 26 The Oaks 04- 1014 - 022826 2511 Flat Creek Drive Lot 27 The Oaks 04- 1014 - 022827 4213 Garden Oak Drive Lot 28 The Oaks 04 -1014- 022828 Or 2503 Flat Creek Drive 4223 Garden Oak Drive Lot 29 The Oaks 04- 1014 - 022829 4231 Garden Oak Drive Lot 30 The Oaks 04- 1014 - 022830 4301 Garden Oak Drive Lot 31 The Oaks 04- 1014- 022831 4307 Garden Oak Drive Lot 32 The Oaks 04- 1014- 022832 4313 Garden Oak Drive Lot 33 The Oaks 04- 1014 - 022833 4319 Garden Oak Drive Lot 34 The Oaks 04 -1014- 022834 4325 Garden Oak Drive Lot 35 The Oaks 04 -1014- 022835 4331 Garden Oak Drive Lot 36 The Oaks 04 -1014- 022836 4337 Garden Oak Drive Lot 37 The Oaks 04- 1014 - 022837 4345 Garden Oak Drive Lot 38 The Oaks 04- 1014 - 022838 4351 Garden Oak Drive Lot 39 The Oaks 04- 1014- 022839 4357 Garden Oak Drive Lot 40 The Oaks 04- 1014- 022840 4363 Garden Oak Drive Lot 41 The Oaks 04- 1014- 022841 4369 Garden Oak Drive Lot 42 The Oaks 04- 1014- 022842 4375 Garden Oak Drive Lot 43 The Oaks 04- 1014 - 022843 4381 Garden Oak Drive Lot 44 The Oaks 04 -1014- 022844 4405 Garden Oak Drive Lot 45 The Oaks 04 -1014- 022845 4411 Garden Oak Drive Lot 46 The Oaks 04 -1014- 022846 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 sea., 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 sq., and South Bend Municipal Code Sections 2 -76, et sea., 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 sea., 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 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. NOT APPROVED ADOPTED Member of the Common CounUl Filed In Clerk's Office FEB - 9 2005 1% TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 05 -12 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 1 THROUGH 46, THE OAKS SUBDIVISION AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN HOMES BY E.L., 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. Karen L. White Chairman