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Home My WebLink AboutConfirming Tax Abatement - 920 St. Peter Street - Jill R. BodensteinerRESOLUTION 3698-07 Passed by the Common Council of the City of South Bend, Indiana February 12, 20 07 Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 13, 20 07 Approved and signed by me February 13 20~ . ~--_ City Clerk ~Y~' RESOLUTION NO. 3 b ~ ~- d A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 920 ST. PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JILL R. BODENSTEINER 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 920 St. Peter Street, South Bend, Indiana, and which is more particularly described as follows: Parcel I: The South Half (1/2) of the West Half (1/2) of Lot Numbered One Hundred Twenty-Seven (127) as shown on the recorded Plat of Sorin's Second Addition to the Town of Lowell, now a part of the City of South Bend, IN St. Joseph County, Indiana, bounded by a line running as follows, viz: Beginning at the Southwest corner of said Lot Numbered One Hundred Twenty-Seven (127) thence running East on the South line of Said Lot, 122.7 feet to the West line of a public alley running North and South between Notre Dame Avenue and St. Peter Street in said City; thence North along the West line of said alley 33 feet; thence West 122.65 feet; more or less, to the East line of St. Peter Street, which is the West line of said Lot Numbered One Hundred Twenty- Seven (127); thence South along the West line of said Lot, 33 feet to the place of beginning. Parcel II: The West 121.6 feet of the North Half of Lot Numbered One Hundred Twenty-Seven (127) as shown on the recorded Plat of Sorin's Second Addition to the Town of Lowell, now within and a part of the City of South Bend, as recorded July 27, 1860, in Plat Book 1, page 107 in the Off ce of the Recorder of St. Joseph County, Indiana. and this property has Tax Key Number 18-5107-3777 and 18-5107-3778, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declazatory 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. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that aze 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 aze 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. aze owned by a unit of local government; or D. A significant number of dwelling units within the azea are not permanently occupied or a significant number of pazcels in the area are vacant land; or E. A significant number of dwelling units within the azea 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 azea (plus any azeas previously designated under this subsection) will not exceed ten percent (10%) of the total azea within the Council's jurisdiction. 2 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 seq. 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. R Member of the C on Council PRESENTED 2~1 Z-d File C.~~'t'~ ®f~ice DEC 2 7 200~> JO4~N VO^v€i7E CITY C~."r'~~ SO• BEND, IN. N07 APPROVED 3 ADOPTED 'Z-t L-~ 1200 COtJN'IY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT SHARON T. ICENDALL EXECUTIVE DIRECTOR December 4, 2006 Council Member Roland Kelly, 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: JILL R. BODENSTEINER Dear Council Member Kelly: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Jill R. Bodensteiner to build asingle-family home at 920 St. Peter Street. 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 build asingle-family home at a cost of $300,000. The project meets the qualifications fora (5) five-year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, January 8, 2007. 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, Sharon Terrell Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Sharon Kendall Don Inks Bill Schalliol COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL LC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD PAX: 574/235-9697 574/235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDGWA 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT SHARON T. KENDALL EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: SHARON TERRELL~ SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: JILL R. BODENSTEINER DATE: November 30, 2006 On November 27, 2006, a petition for residential tax abatement consideration for real property located at 920 St. Peter Street was filed with the City Clerk by Jill R. Bodensteiner. Pursuant to Chapter 2, Article 6, Section 2-77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Jill R. Bodensteiner intends to construct a 2,000 square foot, single-family, owner-occupied home. The home will be 1 '/z stories and built in the bungalow style. Rooms designated for the 1S` floor will be the living room, dining room, kitchen, master bedroom and bath, study, mudroom, and an additional bathroom. The 2"d floor of the new construction will contain two bedrooms and a bathroom. There will be a finished basement with recreation space and an attached two-car garage. The price of the home will be $300,000. Total taxes to be abated during the (5) five-year abatement period is estimated at $10,262. Total taxes to be paid during the (5) five-year abatement period is estimated at $20,847. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL AC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 5741235-9371 ELIZABETH LEONARD EAX: 574/235-9697 574/235-9371 South Bend Common Council RE: Jill R. Bodensteiner November 30, 2006 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the properties to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Northeast Neighborhood Development Area, which is a Tax Incremental Allocation Areas; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is required. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications fora (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction. 5 YEAR 4-Dec-06 JILL R. BODENSTEINER South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (assume 85% of project cost) LAND (assume $10,000) Gross Assessed Value Less Mortgage Exemption Less Standard Homeowners Deduction Base Assessed Value Less Maximum Abatement Deduction Less Non-Abated Amount Plus Land Assessed Value Net Assessed Value $300,000.00 Total Taxes Tax Abated** Tax Paid*** 255,000.00 255,000.00 255,000.00 10,000.00 N/A N/A 265,000.00 255,000.00 255,000.00 (3,000.00) (3,000.00) (3,000.00) (35,000.00) (35,000.00) (35,000.00) 227,000.00 217,000.00 217,000.00 N/A N/A (74,880.00) N/A (142,120.00) N/A N/A N/A 10,000.00 227,000.00 74,880.00 152,120.00 Propertv Taxes: Assume constant tax rate of 5.1524% 5.1524% 5.1524% Gross Tax (tax rate x net assessed value) 11,695.95 3,858.12 7,837.83 Less SRTC: 21.6906% (2,536.92) (836.85) (1,700.07) Less Homestead Credit: 32.0670% (2,937.03) (968.83) (1,968.19) Net Tax 6,222.00 2,052.44 4,169.57 Year Net Assessed Value Total Taxes Due Tax Abated Tax Paid 1 227,000.00 6,222.00 2,052.44 4,169.57 2 227,000.00 6,222.00 2,052.44 4,169.57 3 227,000.00 6,222.00 2,052.44 4,169.57 4 227,000.00 6,222.00 2,052.44 4,169.57 5 227,000.00 6,222.00 2,052.44 4,169.57 5yeartotals: 31,109.98 10,262.19 20,847.84 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. ***Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et- seg•, and South Bend Municipal Code Sec. 2-76 et seq., for this petition states the following: Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for project description if necessary): SQe, 2 ac,lned 2. Estimate the dollar value of the construction project (do not include land cost): $ 3p,~~ t70~ 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (ifthe business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest ill ~ ISoc~~hs{z,ne~ -~o. (~o~x $Sl Owne-r res+'c~~h~ n'N t-e. ~AJhQ, fi I~ Llb S S(n _- 4. ,The commonly known address of the Property is: q l+n ah a q ~-~. S~ _ ~}eX' and having tax key no.: q~-0 ~ ~~- 5107- 3771 (use additional sheet for multiple addresses). ~~-1--~ I$- ;107-- 377 5. A legal description of said Property(s) is attached hereto, marked Exhibit "A", and is incorporated herein. 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit "B", and is incorporated herein. 7. The current assessed valuation of the property before construction is $ ~(?, oC~ (use additional sheet for multiple addresses). (~o~wl 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit "C", and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): q10 Sk. Pr-~ ~ Zo~4 : 1.6~4y. oo ?A~ S : 1.730. `1y , 10. What is your best estimate of the after completion market value of the property: $ 350000 11. No building permit has been issued for construction on the property m connection with the improvement m question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. l2. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: u 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: ~1n~ nle~~h.~~sk rl~t:,4,1~-rhwd hus ~nU-t~nnGtd a doss ~f' c,wv~rnr oU,wn~~ed horn¢5 A 14. The current use of the property is VUGU~ zoning is SF d- (use) and N ~9 (height and area). and the current 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the~Redevelopment Commission): 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name Addre: City, S Telephone C 57 ~ 63 (- 6Y I l WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that th qualifications for a residentially distressed area have been met, and confirm such resolution. Name of Property Owner(s): ~~~ ®fifi~e Filed lit ~ Nov ~ ~ 206 Jill ~• /3o~.~hsfe~>7er, By: 'l(/( (Si ture) ~p98LND, tx. ~~( t;1.ERK, (Typed or printed name and capacity) 2 PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION 1. Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of improvements, and a general statement as to the importance of the project. Proposed Construction: The land at 920 and 922 St. Peter is approximately 66' x 122'. I intend to build a 2000 square foot, single family, owner-occupied home. The home will be 1.5 stories and will be built in a bungalow style. The home will be my primary residence. General plans include: 1St floor -living room, dining room, kitchen, master bedroom, master bathroom, bathroom, study, "mud" room 2na floor - 2 bedrooms and a bathroom Basement -finished with recreation space Garage -two-car and attached Importance of the Proiect: I currently live in the City of South Bend, and have been looking for an opportunity to build a new house that is in the heart of the city and that maintains an older home look and feel. I am delighted to be able to purchase the land at 920/922 St. Peter. It is incredibly important to me to stay in the city and in a neighborhood where there is economic, racial, ethnic and other diversity. I am extremely excited about becoming part of the Northeast Neighborhood. I intend to become involved in all aspects of this developing neighborhood. I believe that the Northeast Neighborhood is going to be the cornerstone of the city, and will be a model for other cities to emulate. I want to be a part of this tremendous effort. Finally, I am excited to live on the edge of an area that I hope will do much to unite the University of Notre Dame and the South Bend community. As a Notre Dame employee and graduate, and a 10-year resident of South Bend (I was born and raised in Valparaiso), I understand the importance of a stronger relationship between the two entities and look forward to helping build that relationship. 5. Legal description of the property (Exhibit A). 6. Map of the property (Exhibit B). 8. Photographs of the property (Exhibit C). ~i[~~ I~ ~l~~'k's ®ffice ~ "'" 2. 7 2006 _`~ ,__,....,fP ~rrr CITY Cs= ~'~ .. °4D, !N. EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Schedule A MERIDIAN TITLE CORPtORATIQN Agent for:. Arsenal tnsurance Corporation 202 S. Michigan Street,- Ste 1000. South Bend, tN 46601-1 61 2 {574} 232-5845 or {800} 777-1574 FAX {574} .289-1514 or {800) 891-3788 File No.: 5732s06 Effective Date: September 1, 2006 at 8:00 AM Customer Reference No.: Property Address: 920 ~ 922 N. St. Peter Street Sou#h Bend, IN 46617 Prepared For: University of Notre Dame 1. Policy or Policies to be issued: (a) ~ ALTA Owner's Policy- 10117!92 Amount $20,000.00 Proposed insured: JiR Bodensteiner (b) ~ ALTA Loan Policy - i 0/17/92 Amount ~ ~~ Proposedlnsured: ~ o ~ ° x ° ~ s. c v w m 4 2. The es~ate or interest in the land described or referred to in this Commitment is Fee Simple ~ ~ ~° ~ ,~ !~ ~ ~ ~ ~" r~ ~v z ~ 3. Title to said estate or interest in said land is at the effective date hereof vested in: University of Notre Dame du Lac, as to Parcel f „~ ~ v Vicki Mack, as to Parcel II 4. The land referred to in this Commitment is located in the County of St. Joseph, State of Indiana described as follows: PARCEL I: The South Half (1/2) of the West Half (112) of Lot Numbered One Hundred Twenty-seven (127) as shown on the recorded Plat of Sorin's Second Addition to the Town of Lowell, now a part of the City of South Bend, in St. Joseph County, Indiana, bounded by a line running as follows, viz: Beginning at the Southwest corner of said Lat Numbered One Hundred Twenty-.seven (127); thence running East on the South line of said Lot, 122.7 feet to the West line of a public alley running North and South between Notre Dame Avenue and St. Peter Street in said City; thence North along the West line of said alley 33 feet; thence West 122.65 feet; mare or less, to the East line of St. Peter Street, which is the West line of said Lot Numbered One Hundred Twenty- seven (127); thence South along the West line of said Lot 33 feet to the place of beginning. PARCEL II: The West 121.6 feet of the North Half of Lot Numbered One Hundred Twenty-seven (127} as shown on the recorded Plat of Sorin's Second Addition to the Town of Lowell, now within and a part of the City of South Bend, as recorded July 27, 1860 in Plat Book 1, page 107 in the Office of the Recorder of St. Joseph County, Indiana. Arsenal Insurance Corporation ks This Commitment is valid only if Schedule B is attached. Schedule A consists of i page(s) ~juac >/O l ~ Z~ ~ i 8 • S I a7~ 3?~ 8' jv~ ,Ir,~r~ qLZ - lg- SI~7-31?7 EXHIBIT B MAP SHOWING LOCATION OF PROPERTY ~i f s .~ .~ k .-~ 9~ p~,.~~~''. ~ V~ * ~ .r- r «.ii"i~r r.e,iis'. ° c^^^ .rnrs~rs~* r ~ ~r vss ~*:+.s. ~++~-~+?•+~+^~-, •~+• -!' '~,• I'5~~~ ~ 4 _ x "y~, .~ ~ ~ ~~~ .ail t .1~'-: r,. ~k i , ~ ~ ~ ~`~~~ = m ;~~ s ,:, ter;` ~ ~ Y R ,~ ~. ~~~~ ac'yy~+? .m4~',+t° " ¢'a. C,~ , ~ 6 ~ , ~ t7~' p • m is E • „~- ~ li s ;,fir, ' .,~~' - f~, t'~~I~ "lilT- f.. 9~~ 'c *4. f'. 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