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HomeMy WebLinkAboutConfirming Tax Abatement - 5733 Hawkins Court - Amy J. BillhimerRESOLUTION 3700-07 Passed by the Common Council of the City of South Bend, Indiana February 12, Attest: ~~ ~. Presented by me to the Mayor of the City of South Bend, Indiana February 13, 20 07 City Clerk President of Common Council Approved and signed by me Februqry 13 20 07 ~~~~ Zo 07 ~~~- City Clerk RESOLUTION NO. 3 ?~- ~) A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5733 HAWHINS COURT AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR AMY J. BILLHIMER 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 5733 Hawkins Court, South Bend, Indiana, and which is more particularly described as follows: Lot 279, Crest Manor, Section 10 and this property has Tax Key Number 23-1041-2263, 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, 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 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. 9394-03, which was passed on February 10, 2003: 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. 2 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. c ~~ Member of the Co on Council P+?ESENTED Z ~~2--~ I FIOT APPf:OVED ;aCCPTC~' Z -\ Z- Q > JAPJ 1 5 2007 JOt~FJ VOOROE CITY CLER;~, 50.6END, IN. • ~~ 1200 CoUNTr-CITx BUaDI~rc 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 40001-1830 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 EXECUTNE DIRECTOR January 9, 2007 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: AMY J. BILLHIMER 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 Amy J. Billhimer to build asingle-family home at 5733 Hawkins Court, South Bend, IN 46614. 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 $95,620. 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 22, 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, y(~ ,~JChJI~, Sharon Terrell Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks Bill Schalliol COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL BC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZAEETH LeoNARD FAX: 574/235-9697 574/235-9371 1200 COUNTY-CITY BUILDING 227 W. ,JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE574l235-9371 FAx 5741235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT SHARON T. ICENDALL EXECUTNE DIRECTOR TAX ABATEMENT REPOR T TO: SOUTH BEND COMMON COUNCIL FROM: SHARON TERRELLy~ SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: AMY J. BILLHIMER DATE: January 9, 2007 On January 8, 2007, a petition for residential tax abatement consideration for real property located 5733 Hawkins Court, South Bend, IN 46614 was filed with the City Clerk by Amy J. Billhimer. 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 Garden Homes intends to construct a new, three bedroom, five-room home of 1,036 square feet on a full 8 foot insulated basement. The home will have a 20 x 21 foot attached garage, vinyl siding, stove, dishwasher, vent hood, and garbage disposal. The home will be built on a vacant lot that will be seeded upon completion of the home. The cost of the home will be $95,620. The importance of this project to the city and the residents of the city is the building of affordable homes on infill lots in the City of South Bend. Total taxes to be abated during the (5) five-year abatement period is estimated at $5,904. Total taxes to be aid during the (5) five-year abatement period is estimated at $1,364. COMMUNITY DEVELOPMENT' ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235-9660 574/235-9371 ELIZABETH LEONARD FAX: 5741235-9697 574/235-9371 South Bend Common Council RE: Amy J. Billhimer January 9, 2007 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been associated with or 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. A review of the South Bend Redevelopment designation areas finds that the property is not located in any of the development areas; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is not 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 8-Jan-07 AMY J. BILLHIMER South Bend Centre Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: $95,620.00 Total Taxes Tax Abated** Tax Paid"'"' Assessed Value: STRUCTURE (assume 85% of project cost) 81,277.00 81,277.00 81,277.00 LAND (assume $10,000) 10,000.00 N/A N/A Gross Assessed Value 91,277.00 81,277.00 81,277.00 Less Mortgage Exemption (3,000.00) (3,000.00) (3,000.00) Less Standard Homeowners Deduction (35,000.00) (35,000.00) (35,000.00) Base Assessed Value 53,277.00 43,277.00 43,277.00 Less Maximum Abatement Deduction N/A N/A (43,277.00) Less Non-Abated Amount N/A 0.00 N/A Plus Land Assessed Value N/A N/A 10,000.00 Net Assessed Value 53,277.00 43,277.00 10,000.00 Progerty Taxes: Assume constant tax rate of 5.1338% 5.1338% 5.1338% Gross Tax (tax rate x net assessed value) 2,735.13 2,221.75 513.38 Less SRTC: 21.7230% (594.15) (482.63) (111.52) Less Homestead Credit: 32.0952% (687.15) (558.17) (128.98) Net Tax 1,453.83 1,180.95 272.88 Year Net Assessed Value Total Taxes Due Tax Abated Tax Paid 1 53,277.00 1,453.83 1,180.95 272.88 2 53,277.00 1,453.83 1,180.95 272.88 3 53,277.00 1,453.83 1,180.95 272.88 4 53,277.00 1,453.83 1,180.95 272.88 5 53,277.00 1,453.83 1,180.95 272.88 5 year totals: 7,269.16 5,904.76 1,364.39 "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 PETTITION FOR RESIDENTIAL REAL PROPERTY TAX ABATEMENT The undersigned owner 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 Indiana Code.,6-1,1-12.1-1, et se~C., and South Bend Municipal Code Sec 2-76 et seq., for this petition states the following: 1. Describe the proposed construction project, including information about square footage, number of rooms, amenities, the amount of land to be used, and the proposed use of the improvements, and a general statement as to the importance of the project: Garden Homes intends to construct new three bedroom, five room homes of 1,036, on a full 8'insulated basement. Home will have a 20' x 21' attached garage, vinyl siding, stove, dishwasher, and vent hood and garbage disposal. The home will be built on a large pie shaped lot that will be seeded upon completion of the home. The cost of the homes will be ninety five thousand six hundred and twenty thousand dollar. The importance of this project to the city and the residence of the city is that we will be building affordable homes on infill lots in the City of South Bend. 2. Estimate the dollar value of the redevelopment project: $95,620 per lot 3. The real property for which tax abatement consideration is petitioned is owned or to be owned by the following individuals or corporations: Amy J. BILLHIMER 61480 Druid Lane South Bend, IN 46614 4. .The commonly known address of the Property is: Street Address Key Number 5733 Hawkins Court 23-1041-2263 1 5. A legal description of said Properties: Street Address: Legal Description: Rey Number 5733 Hawkins Court Lot 279 Crest Manor 23-1041-2263 Section 10 6. A map and/or plat describing the property is attached hereto, marked Exhibit "A", and incorporated herein. 7. The Current assessed valuation of the real property before redevelopment is: Address: Valuation 5733 Hawkins Court 11,600 8. Photographs of the Property, taken within two (2) weeks of filing of this petition, are attached hereto, Marked Exhibit "B", and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the currant owner or a previous owner. 5733 Hawkins Court 466.16 10. What is your best estimate of the after completion market value of the property: $132,000 11. No building permit property in connection w date of filing of this issued after the South Declaratory Resolution. this statement. has been issued for construction on the ith the improvement in question as of the petition. The building permit may be Bend Common Council has approved the The signature below is verification of 12. 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: St. Joseph County Housing Consortium 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 that have impaired values and prevent a normal development of the property: DESCRIBE HERE WHAT IS APPLIBLE TO YOUR NIEGID30RHOOD This is a vacant lot in a subdivision that was built in the late 1960's and most homes are owner occupied. There was a house on this lot many years ago, it burned down and the lot has been empty for many years. Adding this new home on the vacant lot will allow me to have new home for myself and my daughter. 2 14. The current use of the property is VACANT and the currant zoning is "A" (use) and "A" (height and area). 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) No it is not 16. The following person will represent me and should be contacted as the petitioner agent regarding additional information and public hearing notification: Michael E.Urbanski 14299 Day Road Mishawaka, IN 46545 ~6~-~+1~5 or 993-2268 J. CHIMER 61480 Druid Lane South Bend, IN 46614 (574)274-4673 Filed In Clerk's Off-ce ,f AN ~ 3 207 ~~Y,1a voofiDe 3 CITY CI.E~K, S0. BEND, iN. EXHIBIT A LEGAL DESCRIPTION Description: Lot 279, Crest Manor, Section 10. Tax Key No.: 23-1041-2263 Address: 5733 Hawkins Court South Bend, IN 46614 Billhimer Petition 5733 Hawkins Court o __- ~ ,~ f r r,~ ; ,~ qt r rr roQ ( ~ q f ,~'~ O f ~ rr j 1 V ~/ r SfjB~~ ..... -6ericahire Dr------`" ,, .- trr tqr~~_ ,+ -.. -~ + -. r' ` d ~\~ ;~ J 1 m ~ ~'~/ x ~ ~ 0 c~ ,ti I _ _ r .. _. ''J- _ ~ '~- ~. 1, 1-~~~ It _ - '~` fr` f t C1 fps f ~I 7 I t ~, ~~ f~ ~ ~~ fiy\ fr > i r. :J r ~~, r ~~;a 0 Subj+e~t Parcel o Hamashira Dr ~"--.. '-._ti ~+ t~ r1 ` MapQuest: Maps 5733 Hawkins Ct South Bend IN 46614-6025 US Notes: ~ 24951.1aaRuest, Inc.. All riohts reserved Use Subject to License/Copyrioht ~2d06 N7AVTEQ This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any {oss or delay resulting from such use. 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