The URL can be used to link to this page

Home My WebLink AboutDesignating Tax Abatement - D & H Home Builders, Inc. Lots 100-129 Royal Oaks Estates Subdivision Section 2Attest: RESOLUTION 3147 -03 Passed by the Common Council of the City of South Bend, Indiana January 13, 20 03 Presented by me to the Mayor of the City of South Bend, Indiana 111.7i G City Clerk President of Common Council Approved and signed by me January 16 20 03 City Clerk mayor RESOLUTION NO. 31 � ?- 0 3 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 100 THROUGH 129 ROYAL OAK ESTATES SUBDIVISION, SECTION 2 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 100 through 129 Royal Oak Estates Subdivision, Section 2, South Bend, Indiana, and which is more particularly described as follows: Street Address 747 Pulling St. 765 Pulling St. 773 Pulling St. 797 Pulling St. 805 Pulling St or 6027 Boxwood Dr. E� 6009 Boxwood Dr. East 5919 Boxwood Dr. East 5903 Boxwood Dr. East 5859 Boxwood Dr. East 5843 Boxwood Dr. East 5835 Boxwood Dr. East 5809 Boxwood Dr. East 5777 Boxwood Dr. East 5766 Boxwood Dr. East 5788 Boxwood Dr. East 5810 Boxwood Dr. East 5840 Boxwood Dr. East 5854 Boxwood Dr. East 5906 Boxwood Dr. East 5920 Boxwood Dr. East 5934 Boxwood Dr. East 6002 Boxwood Dr. East 6014 Boxwood Dr. East Legal Description Lot 100 Royal Oak Estates, Section 2 Lot 101 Royal Oak Estates, Section 2 Lot 102 Royal Oak Estates, Section 2 Lot 103 Royal Oak Estates, Section 2 Lot 104 Royal Oak Estates, Section 2 ist (corner lot) Lot 105 Royal Oak Estates, Section 2 Lot 106 Royal Oak Estates, Section 2 Lot 107 Royal Oak Estates, Section 2 Lot 108 Royal Oak Estates, Section 2 Lot 109 Royal Oak Estates, Section 2 Lot 110 Royal Oak Estates, Section 2 Lot 111 Royal Oak Estates, Section 2 Lot 112 Royal Oak Estates, Section 2 Lot 113 Royal Oak Estates, Section 2 Lot 114 Royal Oak Estates, Section 2 Lot 115 Royal Oak Estates, Section 2 Lot 116 Royal Oak Estates, Section 2 Lot 117 Royal Oak Estates, Section 2 Lot 118 Royal Oak Estates, Section 2 Lot 119 Royal Oak Estates, Section 2 Lot 120 Royal Oak Estates, Section 2 Lot 121 Royal Oak Estates, Section 2 Lot 122 Royal Oak Estates, Section 2 Key Number 23 -1018- 038157 23 -1018- 038158 23- 1018 - 038159 23 -1018- 038160 23- 1018 - 038161 23- 1018 - 038162 23- 1018 - 038163 23- 1018 - 038164 23- 1018 - 038165 23- 1018 - 038166 23- 1018 - 038167 23- 1018 - 038168 23- 1018 - 038169 23- 1018 - 038170 23- 1018 - 038171 23- 1018 - 038172 23- 1018 - 038173 23- 1018 - 038174 23- 1018 - 038175 23- 1018 - 038176 23- 1018 - 038177 23- 1018 - 038178 23 -1018- 038179 6032 Boxwood Dr. East Lot 123 Royal Oak Estates, Section 2 23- 1018- 038180 6046 Boxwood Dr. East Lot 124 Royal Oak Estates, Section 2 23- 1018 - 038181 or 6046 Carl Avenue (corner lot) 6045 Carl Avenue Lot 125 Royal Oak Estates, Section 2 23- 1018 - 038182 808 Pulling Street Lot 126 Royal Oak Estates, Section 2 23- 1018 - 038183 788 Pulling Street Lot 127 Royal Oak Estates, Section 2 23- 1018 - 038184 764 Pulling Street Lot 128 Royal Oak Estates, Section 2 23 -1018- 038185 742 Pulling Street Lot 129 Royal Oak Estates, Section 2 23 -1018- 038186 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 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 Leg., 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 1. 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 PA 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 W 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. -03 PRESENTED ` X3 NOT APPROVED ADOPTED [-- 4aa- At-0 ember of the Common ouncil Filed In Clerk's Office DJA% LORMAj. 0 3 2003 4 D D R," CLERK, COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 03 -3 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 100 THROUGH 129 ROYAL OAK ESTATES SUBDIVISION, SECTION 2 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. Karl King Chairman