06-08-09 Common Council Meeting Agenda & Packet

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C5~',IIJo ~~-41 RESOLUTION NO. A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS . 4406 ASHARD DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FNE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR CLELAND BUILDERS, INC. WHEREAS, Cleland Builders, Inc., an Indiana limited liability partnership (the "Petitioner") filed a petition for real property tax abatement (the "Petition") and a Form SB-1 statement of benefits with the South Bend City Clerk on May 20, 2009 for consideration by the Common Council of the City of South Bend, Indiana (the "Common Council"), requesting that the area commonly known as 4406 Ashard Drive, South Bend, Indiana, being more specifically Lot 77, Jade Crossing Section 1, (Instrument No. 0415098) and which has a parcel key number of 25-1013-020924, (the "Property"), be designated as an economic revitalization area under the provisions of Indiana Code sections 6-1.1-12-1 et seg•, and South Bend Municipal Code sections 2-76 et seq.; and WHEREAS, the Petitioner obtained building Permit No. 105481 on February 8, 2007 and began redevelopment of the Property as defined by Indiana Code section 6-1.1- 12.1-1 (5)) on February 26, 2007; and WHEREAS, the Common Council has adopted a policy requiring that petitioners for tax abatement wait until after the Common Council has adopted Declaratory and Confirming Resolutions in accordance with Indiana Code section 6-1.1-12.1-2.5 (b) and (c), before obtaining a building permit and before initiating redevelopment or rehabilitation of real property, absent compelling reasons and circumstances where a petitioner initiated such activities before such resolutions have been adopted; and WHEREAS, the Petitioner has presented substantial evidence to the Common Council that circumstances existed where the Petitioner obtained the above described building permit while under the jurisdiction of Confirming Resolution 3205-03. That Resolution expired on June 8, 2008, before the house could be sold. The new resolution to replace ex~ired resolution 3205-03 was adopted by the Common Council on September 8 2008. However, Lot 77 was not included in the new resolution since it was no longer vacant land, i.e. it had been improved and contained structures on the lot. As a result, the Common Council has concluded that such circumstances present a compelling reason to waive the Common Council's policy;