HomeMy WebLinkAboutDesignating Tax Abatement - Kendall-Weiss, LLP Various Addresses in LaFayette Falls Subdivision, Section 1 (5 Year Residential Property)Attest:
RESOLUTION
3347 -04
Passed by the Common Council of the City of South Bend, Indiana
June 28,
04
20_.
Presented by me to the Mayor of the City of South Bend, Indiana
June 29, 20 04
Approved and signed by me
City Clerk
President of Common Council
2004 .
City Clerk
0
RESOLUTION NO. :33�1 -0
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
6451, 6507, 6515, 66149 6606, 6534, 65199 64549 6446, 6438 ERIE FALLS
DRIVE, 1010 ,10209 10289 10319 1023,10159 1005 POTTER POINT
DRIVE AND 65269 64627 64549 64449 64369 6428, 64299 64399 6445, 64539
6507, 6513 REDENBACHER COURT, AND 6430 ARMSTRONG
DRIVE, LA FAYETTE FALLS SUBDIVISION, SECTION ONE
AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR
KENDALL- WEISS, LLP
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 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:
6451
Erie Falls Drive
Lot 24 La Fayette Falls, Section 1
01- 1002 - 002203
6507
Erie Falls Drive
Lot 25 La
Fayette Falls, Section 1
01 -1002- 002204
6515
Erie Falls Drive
Lot 26 La
Fayette Falls, Section 1
01- 1002 - 002205
1010
Potter Point Drive
Lot 204
La
Fayette
Falls, Section 1
01- 1002- 002206
1020
Potter Point Drive
Lot 205
La
Fayette
Falls, Section 1
01- 1002 - 002207
1028
Potter Point Drive
Lot 206
La
Fayette
Falls, Section 1
01- 1002 - 002208
1031
Potter Point Drive
Lot 216
La
Fayette
Falls, Section 1
01- 1002 - 002210
1023
Potter Point Drive
Lot 217
La
Fayette
Falls, Section 1
01- 1002 - 002211
1015
Potter Point Drive
Lot 218
La
Fayette
Falls, Section 1
01 -1002- 002212
1005
Potter Point Drive
Lot 219
La
Fayette
Falls, Section 1
01- 1002 - 002213
6614
Erie Falls Drive
Lot 220
La
Fayette
Falls, Section 1
01- 1002 - 002214
6606
Erie Falls Drive
Lot 221
La
Fayette
Falls, Section 1
01- 1002 - 002215
6534
Erie Falls Drive
Lot 222
La
Fayette
Falls, Section 1
01- 1002 - 002216
6526
Redenbacher Court
Lot 223
La
Fayette
Falls, Section 1
01- 1002 - 002217
6462
Redenbacher Court
Lot 237
La
Fayette
Falls, Section 1
01 -1002- 002218
6454
Redenbacher Court
Lot 238
La
Fayette
Falls, Section 1
01- 1002 - 002219
6444 Redenbacher Court
Lot 239 La Fayette Falls, Section 1
01 -1002- 002220
6436 Redenbacher Court
Lot 240 La Fayette Falls, Section 1
01 -1002- 002221
6428 Redenbacher Court
Lot 241 La Fayette Falls, Section 1
01- 1002 - 002223
6429 Redenbacher Court
6439 Redenbacher Court
6445 Redenbacher Court
6453 Redenbacher Court
6507 Redenbacher Court
6513 Redenbacher Court
6519 Erie Falls Drive
6454 Erie Falls Drive
6446 Erie Falls Drive
6438 Erie Falls Drive
6430 Armstrong Drive
Lot 255 La Fayette Falls, Section 1 01- 1002 - 002224
Lot 256 La Fayette Falls, Section 1 01 -1002- 002225
Lot 257 La Fayette Falls, Section 1
Lot 258 La Fayette Falls, Section 1
Lot 259 La Fayette Falls, Section 1
Lot 260 La Fayette Falls, Section 1
Lot 261 La Fayette Falls, Section 1
Lot 262 La Fayette Falls, Section 1
Lot 263 La Fayette Falls, Section 1
Lot 264 La Fayette Falls, Section 1
Lot 265 La Fayette Falls, Section 1
01 -1002- 002226
01- 1002 - 002227
01- 1002 - 002228
01 -1002- 002229
01- 1002 - 002230
01 -1002- 002231
01 -1002- 002232
01- 1002 - 002233
01- 1002 - 002234
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 seg.,
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 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.
PRESENTED
NOT APPROVED ' p
ADOPTED
� ze4/4- —
Memb of the Common Coun it
Hod In O1®rk' ,s.0#flC0
J; n! -3 2�-Of
10
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
04 -68 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 6451, 6507,
6515, 6614, 6606, 6534, 6519, 6454, 6446, 6438 ERIE FALLS DRIVE,
1010, 1020, 1028, 1031, 1023, 1015, 1005 POTTER POINT DRIVE
AND 6526, 6462, 6454, 6444, 6436, 6428, 6429, 6439, 6445, 6453,
6507, 6513 REDENBACHER COURT, AND 6430 ARMSTRONG
DRIVE, LA FAYETTE FALLS SUBDIVISION, SECTION ONE, AS
RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE
(5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR
KENDALL- WEISS, LLP
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.
Sean Coleman
Chairman