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HomeMy WebLinkAboutConfirming Tax Abatement - 3111 Corby Blvd. - J. Patrick & Aimee G. MatthewsRESOLUTION 3755-07 Passed by the Common Council of the City of South Bend, Indiana May 29, 20 07 Attest: Presented by me to the Mayor of the City of South Bend, Indiana May 30, 20 07 Approved and signed by me City Clerk President of Common Council May 31, 2007 City Clerk RESOLUTION NO. 3 ?S S" ~ A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3111 CORBY BLVD. AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR J. PATRICK & AIMEE G. MATTHEWS 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 3111 Corby Blvd., South Bend, Indiana, and which is more particularly described as follows: Parcel I: Part of Lot Numbered Seven Hundred Ninety-three (793) as shown on the recorded Plat of McKinley Terrace Addition, Section "B", described as follows: One hundred Sixty-four and Thirty-four Hundredths (164.34) feet in width, East and West taken off of and from the entire west side of said Lot Numbered Seven Hundred Ninety-three (793). Parcel II: Part of Lot Numbered Seven Hundred Ninety-three (793) as shown on the recorded Plat of McKinley Terrace, Section "B", recorded September 10, 1953 in Plat Book 18, page "Mc", described as beginning on the North line of Corby Street at a point One Hundred Sixty-four and Thirty-four Hundredths (164.34) feet East of the Southwest corner of said Lot Seven Hundred Ninety-three (793), running thence east Forty (40) feet to the Southwest corner of Lot Numbered Eight Hundred Six (806) as shown on the recorded Plat of McKinley Terrace Addition, Section "C", recorded October 29, 1957 in Plat Book 20, page "Mc"; thence North Four Hundred Fifty (450) feet to the place of the beginning. and this property has Tax Key Number 018-5189-742101, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et sec ., 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 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 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. 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 suffcient 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. Member of the moron Council PRESENTED S ~~ ~~~ NOT APPROVED 3 ADOPTED S -Z~ ~~ ~ 1200 ~.OUNTY-CITY I3UILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PFIONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 . CITY OF SOUTH BEND STEPHEN J. LLIECICE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR Apri120, 2007 Council Member Derek D. Dieter, 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: J. Patrick Matthews & Aimee G. Matthews Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by J. Patrick Matthews & Aimee G. Matthews to build Thirty (30) single-family townhouse condominium homes at 3111 Corby Blvd., South Bend. 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 thirty single-family townhouses at a total cost of $4,500,000. The average cost of each town house will be $150,000. The project meets the qualifications for afive-year (5) real property tax abatement. The petitioner will be available to meet with the Committee on Monday, May ~; 2007. t Should you or any of the other Council members have any questions concerning the er port, or need additional information, please feel free to call me at 235-5825. Sincerely, Bob Mathla Filed 1n Cier'c ~ Of Economic Development Attachments APR 2 0 2007 cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Jg1?1J VOOADE CITY CLE~sK. EC• BEND, iN. Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAX: 574/235-9697 ~ 574/235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND,INDIANA 46601-1830 PrIONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA ~~' ~ SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: J. PATRICK MATTHEWS & AIMEE G. MATTHEWS DATE: April 20, 2007 On March 30, 2007, a petition for residential tax abatement consideration for real property located at 3111 Corby Blvd. South Bend, IN46615 was filed with the City Clerk by J. Patrick Matthews & Aimee G. Matthews. 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 J. Patrick Matthews & Aimee G. Matthews intend to construct thirty new three bedroom, two and one-half bathroom condo townhouses of approximately 1,500 sq. ft. each with either a single or two-car attached garage. Each townhouse will have two stories. The development will contain a private street with ten (10) buildings consisting of three townhouses each. The buildings will cover 30% of the land, driveways and streets 27% and green space and water retention areas cover the remaining 43%. The townhouses will be constructed on the 2.786 acre site of the old McKinley Terrace Community Club swimming pool. The price of each house will be approximately $150,000 for a total project cost of $4,500,000. Taxes to be abated during the five-year (5) abatement period are estimated at $2052 per for each townhouse for a total of $10,260 for the entire abatement period. Taxes to be paid during the (5) five-year abatement period for each townhouse are estimated at $675 per year for each home for a total of 3,375 for the entire abatement period. COMMUNFTY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL $L PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 EuzaserH LEONARD Fnx: 5741235-9697 574/235-9371 South Bend Common Council . RE: J. Patrick Matthews & Aimee G. Matthews April 19, 2007 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 not located in a redevelopment area or a tax incremental allocation area; 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. Fi~~d Ali ~~Wi't1~~ ~If~~i® ~1PR 2 0 2007 ~~!;a Vu3RDE CITY ~ ~-:''': S0.8EAID, IN. 5 YEAR 19-Apr-07 TOWN & COUNTRY, LLC 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 $150,000.00 Total Taxes Tax Abated** Tax Paid*** 127, 500.00 127, 500.00 127, 500.00 10,000.00 N/A N/A 137, 500.00 127,500.00 127,500.00 (3,000.00) (3,000.00) (3,000.00) (35,000.00) (35,000.00) (35,000.00) 99,500.00 89,500.00 89,500.00 N/A N/A (74,880.00) N/A (14,620.00) N/A N/A N/A 10,000.00 99,500.00 74,880.00 24,620.00 Property Taxes: Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less SRTC: 21.6906% Less Homestead Credit: 32.0670% Net Tax Net Assessed Year Value 5.1524% 5.1524% 5.1524% 5,126.64 3,858.12 1,268.52 (1,112.00) (836.85) (275.15) (1,287.37) (968.83) (318.54) 2,727.27 2,052.44 674.83 Total Taxes Tax Tax Due Abated Paid 1 99,500.00 2,727.27 2,052.44 674.83 2 99,500.00 2,727.27 2,052.44 674.83 3 99,500.00 2,727.27 2,052.44 674.83 4 99,500.00 2,727.27 2,052.44 674.83 5 99,500.00 2,727.27 2,052.44 674.83 5 year totals: 13,636.35 10,262.19 3,374.16 *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 maximum abated portion of $74,880 and adding back the land assessed val e.F[~~'t~ 1t1 C1eCk'~ T,PR 2 0 2007 ce Cry C _ ,_ 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 1•C 6-1.1-12.1-1, et sea•, and South Bend Municipal Code Sec. 2-76 et seg•, for this petition states the following: 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 the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): A redevelopment of the 2.786 acre McKinley Terrace Community Club Swimming Pool, located at 3111 Corby Blvd. South Bend, IN 46615, into condo townhouses. The development will contain a private street with ten (10) buildings consisting of three (3) units each, for a total of thirty (30) condo townhouses. Current estimates are for each unit to be approximately 1,500 square feet, containing three (30) bedrooms, two and one-half baths (2.5) and either a single or two-car attached garage. The proposed buildings will cover 30% of the land, driveways and streets will cover an additiona127%, with rg een space and water retention covering the remaining 43%. 2. Estimate the dollar value of the construction project (do not include land cost): 500 000. 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 (if the 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 i. Patrick Matthews & Aimee G. Matthews, P.O. Box 338, Notre Dame, IN 46556. 4. The commonly known address of the Property is:_3111 Corby Blvd. South Bend, IN 4661.5 and having tax key no.:_018-5189-742101 (use additional sheet for multiple addresses or key numbers). 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 317 100 (use additional sheet for multiple addresses). (This information may be obtained from the St. Joseph County Assessor's Office, 235- 9523) . 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): 12/15/2005 $32,373.78 (This information may be obtained from the St. Joseph County Treasurers office, 235-9531) 10. What is your best estimate of the after completion market value of the property: 500 000. 11. No building permit has been issued for construction on the property in connection with the improvement in 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. 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: None 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: Property is an abandoned community swimming_pool, with a large 1,784 square foot steel swimmingpool, concrete deck, clubhouse, pump house with under r~pipes, asphalt parking lot, located next door to a low income housing complex with barbed wire fencing 14. The current use of the property is abandoned/vacant communit~swimming_pool and the current zoning is MF 1 (use) and 1 story and 4,500 sq. ft. (height and area). (This information may be obtained from the Building Department 235-9553) 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 _David Matthews Address _P.O. Box 338 City, State, Zip _Notre Dame, IN 46556-0338 Telephone _(765) 409-3841 WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the Ciry 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 the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): Filed In Clerk's Office ~~Afl 3 0 2001 JONT~ ~`C©SDE CITY CLERY., S0. BE!!D, tK ~dyiA att~ewS By: ~~~NC~ "~4.! (Signature) M~NaS~nq" Pr'~/1C~pul (Typed or printed name and capacity) z EXHIBIT "A" PARCEL I: Part of Lot Numbered Seven Hundread Nintey-three (793) as shown on the recorded Plat of McKinley Terrace Addition, Section "B", described as follows: One Hundread Sixty-four and Thirty-four Hundredths (164.34) feet in width, East and West taken off of and from the entire west side of said Lot Numbered Seven Hundred Ninety-three (793). PARCEL II: Part of Lot Numbered Seven Hundred Ninety-three (793) as shown on the recorded Plat of McKinley Terrace, Section "B", recorded September 10, 1953 in Plat Book 18, page "Mc", described as beginning on the North line of Corby Street at a point One Hundred Sixty-four and Thirty-four Hundredths 164.34) feet East of the Southwest corner of said Lot Seven Hundred Ninety-three (793), running thence east Forty (40) feet to the Southwest corner of Lot Numbered Eight Hundred Six (806) as shown on the recorded Plat of McKinley Terrace Addition, Section "C", recorded October 29, 1957 in Plat Book 20, page "Mc"; thence North Four Hundred Fifty (450) feet to the place of beginning. F~I~r~ [:'~ ~~:: ~'` ~~f~~~ ~,"AR 3 0 2001 CITY G! X70:, ~0. PE;lvD, !!~ Yahoo! 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This is only to be used as an aid in planning. http://xml l .maps.yahoo.com/prnt.php?v3=0&&mvt=m&q1=3111 %20Corby%20Blvd.,%2... 4/20!2007