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Home My WebLink AboutConfirming Tax Abatement - Garden Homes by E.L. Inc. Lots 1 through 46 The Oaks Subdivision (5 Year Residential Property)RESOLUTION 3424 -05 Passed by the Common Council of the City of South Bend, Indiana February 28, Attest: 05 20_. Presented by me to the Mayor of the City of South Bend, Indiana March 1, 05 20 Approved and signed by me March 3, City Clerk President of Common Council 05 20—. City Clerk �l d 0 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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, 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 vacant land on the south side of Brick Road, '/z 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 Lot 3 The Oaks 04- 1014 - 022803 4376 Garden Oak Drive Lot 4 The Oaks 04- 1014- 022804 4370 Garden Oak Drive Lot 5 The Oaks 04- 1014 - 022805 4364 Garden Oak Drive Lot 6 The Oaks 04- 1014 - 022806 4358 Garden Oak Drive Lot 7 The Oaks 04- 1014 - 022807 4352 Garden Oak Drive Lot 8 The Oaks 04- 1014 - 022808 4346 Garden Oak Drive Lot 9 The Oaks 04- 1014 - 022809 4340 Garden Oak Drive Lot 10 The Oaks 04- 1014 - 022810 4334 Garden Oak Drive Lot 11 The Oaks 04- 1014 - 022811 4328 Garden Oak Drive Lot 12 The Oaks 04- 1014 - 022812 4320 Garden Oak Drive Lot 13 The Oaks 04- 1014 - 022813 4314 Garden Oak Drive Lot 14 The Oaks 04- 1014 - 022814 4308 Garden Oak Drive Lot 15 The Oaks 04- 1014 - 022815 4302 Garden Oak Drive Lot 16 The Oaks 04 -1014- 022816 4228 Garden Oak Drive Lot 17 The Oaks 04 -1014- 022817 4220 Garden Oak Drive Lot 18 The Oaks 04 -1014- 022818 4212 Garden Oak Drive Lot 19 The Oaks 04- 1014- 022819 Or 2405 Flat Creek Drive 4150 Garden Oak Court Lot 20 The Oaks 04- 1014 - 0.22820 Or 2404 Flat Creek Drive 4142 Garden Oak Court Lot 21 The Oaks 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, 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 further 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 sea. 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. PkESENTED ?--a -CLr NOT APPROVED ADOPTED r 7--2-r.Or Member of the Common Council' Filed In Clerk's Office FU • 92406 JOHN VOORDE CRY CLERK, 80. BEND, IN. 1200 COUNTY -CITY BUILDING 227W. JEFFERSON BOULEVARD SOUTH BEND, INDU,NA 46601 -1830 February 7, 2005 PHONE 574 /235 -9371 FAX 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. L7ECKE, 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: Garden Homes by E.L., Inc. Lots numbered 1 through 46, The Oaks Subdivision Dear Council Member Puzzello: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition for Garden Homes by E.L., Inc. for development of forty -six (46) 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 20 acre subdivision with forty -six (46) lots. The homes will be single family residential in the $120,000 to 5150,000 price. The development project meets the qualifications for five (5) year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, February 14, 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,,, Tedd Schaffer` Economic Development Specialist Attachments c: South Bend Common Council Members Mayor Stephen Luecke Sharon Kendall Don Inks Filed In Clerk's office Ji.F.t DE_' CGY CL'RK, 2END, IN. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SL PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235 -9660 570235 -9371 ELIZABETH LEONARD FAx: 574/235 -9697 574/235 -9371