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HomeMy WebLinkAboutConfirming Tax Abatement - 1029 Notre Dame Avenue - Robert D. and Kelley S. BertzRESOLUTION 3964-09 Passed by the Common Council of the City of South Bend, Indiana April 13, Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 14, 20 09 Approved and signed by me Ap r i 1 15 . 204_ . City Clerk 2009 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 1029 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROBERT D. AND KELLEY S. BRETZ 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 as 1029 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot #84A of the Plat of "Sorin's Second Addition Fourth Replat" Subdivision recorded by Document No. 0809810 in the Records of the St. Joseph County, Indiana Recorder's Office. Containing 0.17 acres more or less. Subject to all legal highways, easements & restrictions of record. and this property has Tax Key Number 18-5104-3649, 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, 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. 2 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 sea. 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 Common Council PRESENTED 1-~3-05 NOT APPRC3~".¢ED 3 ~-DOPTE{~ ~-l3 ~ a~ ~'il- ~,..~,9~ ~if~GL' ~ ! ~ ~ ~ r. r J :J~ ,~ ~ ~',', ~ ~ 1200 COUNTY--CITY BUILDING 227 ~ JEFFERSON BOULEVARD SoLrrx BEND, INDIANA 46601-1830 PxoNE574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR March 9, 2009 Council Member Timothy Rouse, 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: Bretz, Robert D. & Kelley S. Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Robert and Kelley Bretz to build asingle-family home at 1029 Notre Dame Avenue. 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 $450,000. 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, March 23, 2009. 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 235-5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeffrey Gibney Don Inks ____ COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL LC 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 SOU7'I-I 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 BL 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: BRETZ, ROBERT D. & KELLEY S. DATE: March 9, 2009 On March 9, 2009, a petition for residential tax abatement consideration for real property located at 1029 Notre Dame Avenue was filed with the City Clerk by Robert and Kelley Bretz. 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 Robert and Kelley Bretz intend to construct an approximate 3,000 square foot, single-family home as their primary residence. The home will be two stories. It will have three bedrooms and three bathrooms, a front porch, a finished basement and atwo-car garage. The project is part of the Notre Dame Avenue Housing Program and as such will follow the design specifications and standards required by that program. The cost of the home will be approximately $450,000. Total taxes to be abated during the (5) five-year abatement period are estimated at $2,216. Total taxes to be paid during the (5) five-year abatement period are estimated at $24,036. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCUIL Rc PROGRAM PAMELA C. MEYER DONALD E. INK$ MANAGEMENT 574/235-9660 574!235-9371 ELIZABETH LEONARD Fax: 574/235-9697 574/235-9371 South Bend Common Council RE: Bretz, Robert D. & Kelley S. March 9, 2009 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 property 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 Area; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is required. In addition, it must be noted that the property is not located within the Northeast Neighborhood's residential TIF area. 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 9-Mar-09 ROBERT D. & KELLEY S. BRETZ South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (% AV of cost)" 85.0°l0 LAND Value 10,000 Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value $450,OOOA0 Total Taxes Tax Abated** Tax Paid*** 382,500.00 382,500.00 382,500.00 10,000.00 N/A N/A 392,500.00 382,500.00 382,500.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (120,575.00) (120,575.00) (120,575.00) 223,925.00 213,925.00 213,925.00 Less Maximum Abatement Deduction Less Non-Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of N/A N/A (74,880.00) N/A (139,045.00) N/A N/A N/A 10,000.00 223,925.00 74,880.00 149,045.00 4.3592% 4.3592% 4.3592% Gross Tax (tax rate x net assessed value) 9,761.34 3,264.17 6,497.17 Less State & County Homestead Credit: 0.4625% (1,035.65) (346.32) (689.33) Tax Due Before Circuit Breaker 8,725.69 2,917.85 5,807.84 Less Circuit Breaker Credit (3,475.27) (2,474.63) (1,000.64) Net Tax 5,250.41 443.21 4,807.20 Circuit Breaker Cap Circuit Breaker 1.0000% 3,925.00 3,825.00 3,925.00 Debt Service 0.5919% 1,325.41 443.21 882.20 Circuit Braker Cap 5,250.41 4,268.21 4,807.20 Year Net Assessed Value Total Taxes Due Tax Abated Tax Paid 1 223,925.00 5,250.41 443.21 4,807.20 2 223,925.00 5,250.41 443.21 4,807.20 3 223,925.00 5,250.41 443.21 4,807.20 4 223,925.00 5,250.41 443.21 4,807.20 5 223,925.00 5,250.41 443.21 4,807.20 5 year totals: 26,252.06 2,216.07 24,035.99 *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. ESTIMATED TOTAL TAX REVENUE ROBERT D. & KELLEY S. BRETZ LAND* BUILDING** TOTAL Year 1 $108 $4,699 $4,807 Year 2 $108 $4,699 4,807 Year 3 $108 $4,699 4,807 Year 4 $108 $4,699 4,807 Year 5 $108 $4,699 4,807 Total $540 $23,495 $24,035 *Current tax levy **Additional tax revenue from new investment 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 Cityof South Bend for Residential Real Property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et se .and South Bend Municipal Code Sec. 2-76 et seq., for this petition states the following: Describe the proposed construction project, includinginformation 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): 2. W e't ~ .a ~ ~'2 G Pe.a{t w~ ~-'~ ~+'~1 G a a+..t v~~ ca. sa.K;t~- C3-~• d . Estimate the dollar value of the construction project (do not include land cost): $ 5~$~, ood 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (ifthe business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): N Address Sam t. Interest ~ a tw'~. Oc.u KtI"',Y 4. The commonly known address of the Property is: /oa 9 ~o~?e. D..v,.~ f~vt . and having tax key no.: ($ - Slob - 3c.~1 `~ (use additional sheet for multiple addresses). 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 $ a, G o0 (use additional sheet for multiple addresses). S. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit "C", and incorporated herein. 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): aoo$- 2oe~ /o Fr 2.c eo'j ~oo$ ~ 788 33 aat~ ~ ~ aoo'7 , 1. 9`~..'' ~' 10. What is your best estimate of the after completion market value of the property: $ Sla{ oOd 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: 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: _ 14. The current use of the property is __ ~~ s~~~-~a-~l: _ ~ and the current zoning is ,~(~ Z. (use). (This information maybe 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 _~~~~?~v_t- (arc=tz. -- --- - Address _~07(~, S!_p~~ f _2.d . City, State, Zip _~s~~~_~ S~ ~~ Telephone __57~ =Q?~~ o~~ S= 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 the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): a ~o....-'~ •~ (~re-t-L-~ ~'f`.e--tom. _.•~ . rk's Offlce By:__1~~' i~ __~ l~~t~~ In Cle (Signature) r-- ?~,~i, 9 2009 ,}~~H VOQP~~E 2 CITY Cli"n~:, r0.6~^I?~, IN. ~os-_~~~_~-~le~-~tdsite.Lair~n~C~~_~.tu~.-Y't~~.e."tT~+-.sa ~e~-~T_~~~~'~2~ _ 1/Lo~.e.. ~Daa..-.t . EXHIBIT "A" Legal Description and/or address of the Real Estate 1029 Notre Dame Avenue, South Bend, IN 46617 That part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot #84A of the Plat of "Sorin's Second Addition Fourth Replat" Subdivision recorded by Document No. 0809810 in the Records of the St. 3oseph County, Indiana Recorder's Office. Containing 0.17 acres more or less. Subject to all legal highways, easements & restrictions of record. F~IC~ ~t: r':-e _.. •,.~ IPJ.