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Home My WebLink AboutConfirming Tax abatement - 1015 North Frances Street - Peter and Nancy KilpatrickRESOLUTION 4001-09 Passed by the Common Council of the City of South Bend, Indiana November 9, Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 10, Approved and signed by me 09 20 20 09 November 10, 20 0 9 City Clerk RESOLUTION NO. ~ ~~` -~ A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1015 NORTH FRANCES STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR PETER AND NANCY KILPATRICK 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 1015 North Frances Street, 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, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot # B of the Plat of "Frances Street Minor Subdivision" recorded as Document No. 0835847 in the Records of the St. Joseph County, Indiana Recorder's Office. Containing 0.185 acres more or less. Subject to all legal highways, easements & restrictions of record. and this property has Tax Key Number 18-5105-3672.01, 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. 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 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 Common Council ADOPTE#3 ~ \"~ _ ~ 0 CT 1 5 2009 ~^sr~ ~~~e~~~ CETY Cl.~~;7;, S0. Eciy~, II"J. 120U CAUNTY-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 ~L ECONOMIC DEVELOPMENT JEFFREY U GIBNEY EXECUTNE DIRECTOR October 5, 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: Kilpatrick, Peter & Nancy 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 Peter & Nancy Kilpatrick to build asingle-family home at 1015 North Frances 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 $615,000. 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, October 26, 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 & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAx: 5741235-9697 574/23.5-9371 1200 COUNTY-CITY BUILDING 227 W. JI~~ERSON BOULI'VARD SOUTH BEND, INDIANA 46601-1830 PIIONE 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: KILPATRICK, PETER & NANCY DATE: October 5, 2009 On October 2, 2009, a petition for residential tax abatement consideration for real property located at 1015 North Frances Street was filed with the City Clerk by Peter and Nancy Kilpatrick. 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 Peter and Nancy Kilpatrick intend to construct an approximate 3,500 square foot, single-family home. The home will be two stories high. It will have eight rooms and a finished basement. The project is part of the Notre Dame Avenue Housing Program. The cost of the home will be approximately $615,000. 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 $33,746. 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 South Bend Common Council RE: Kilpatrick, Peter & Nancy October 5, 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 5-Oct-09 PETER & NANCY KILPATRICK South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (% AV of cost) 85.0°!0 LAND Value 10,000... Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value 615.0 0.00 Total Taxes Tax Abated** Tax Paid*** 522,750.00 522,750.00 522,750.00 10,000.00 N/A N/A 532,750.00 522,750.00 522,750.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (169,662.50) (169,662.50) (169,662.50) 315,087.50 305,087.50 305,087.50 Less Maximum Abatement Deduction Less Non-Abated Amount Plus Land Assessed Value Net Assessed Value Proaertv Taxes: Assume constant tax rate of N/A N/A (74,880.00) N/A (230,207.50) N/A N/A N/A 10,000.00 315,087.50 74,880.00 240,207.50 4.3592% 4.3592% 4.3592% Gross Tax (tax rate x net assessed value) 13,735.29 3,264.17 10,471.13 Less State ~ County Homestead Credit: 0.4625% (1,457.28) (346.32) (1,110.96) Tax Due Before Circuit Breaker 12,278.01 2,917.85 9,360.17 Less Circuit Breaker Credit (5,085.51) (2,474.63) (2,610.88) Net Tax 7,192.50 443.21 6,749.29 Circuit Breaker Cap Circuit Breaker 1.0000% 5,327.50 5,227.50 5,327.50 Debt Service 0.5919% 1,865.00 443.21 1,421.79 Circuit Braker Cap 7,192.50 5,670.71 6,749.29 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 315,087.50 7,192.50 443.21 6,749.29 2 315,087.50 7,192.50 443.21 6,749.29 3 315,087.50 7,192.50 443.21 6,749.29 4 315,087.50 7,192.50 443.21 6,749.29 5 315,087.50 7,192.50 443.21 6,749.29 5 year totals: 35,962.51 2,216.07 33,746.44 "`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 PETER & NANCY KILPATRICK LAND'` BUILDING'`* TOTAL Year 1 $1,569 $5,180 $6,749 Year 2 $1,569 $5,180 6,749 Year 3 $1,569 $5,180 6,749 Year4 $1,569 $5,180 6,749 Year 5 $1,569 $5,180 6,749 Total $7,845 $25,900 $33,745 '`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 City of South Bend for Residential Real Property tax abatement consideration and pursuant to ],,~,., 6-1.1-12.1-1, et seq~, and South Bend Municipal Code Sec. 2-76 e se 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 long project descriptions): J Ih1C LC- FAP"11c-Y ~. ST~2~-/ IiC>Mf w~Tii ~/N tS HCp J3/45C~lTt T, /}PPr2nK/M/~t'F Ly 35~((~ Sir ~~on~s~_~x e.o-r co~FrL~c c• eta `70 ~~~ I~.1't t 3 Fo ~ l ri~O...t'ANfF r~F Pty'-LJf~T• 2. Estimate the dollar value of the construction project (do not include land cost): $ (n l S. G G d 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 ddress /.~ 1n rest PC-r~2 t< I t.(o~rt2.~c-~ 11 2~ E wh1~-yE- 3 r Sr,u+'r1 ~ceyD 4lo(dC IfCLFEOwrr r•-t IyRN Cy K l UPff-fi2 K-~L 1 t 71~ (_' w•RYNC-- ~T S6 v~rH Fah i N ~l Cn(o t S F}G1t f-C~+~+J'UK l~ 4. The commonly known address of the Property is: IpiSNFttAn~Gc~ Sr Sc~(iTi~ 6END tAl ands having tax key no.: I ~'' S1C75 - 3~7~-.O I (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. L.. O ~ g r 1= ~ ~ C(~ S-rtZC-E-T~ !'t /f.R7 ~ SUS, 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 $ ~ ~ ~ 2 ~ ~ (use additional sheet for multiple addresses). (This information may be obtained from the S_Joseph County Assessor's N N 0'f~~ ~~~ Office, 235-9523). -ry l S ~ A ~ v F I NG t- ~ OC--~ -rH E Eft ~ 12F ~.OT ~ 1(t t 1~ t= -20 h ~,,,~ l } a GL) ,-fit (' 'F~'L,ANCCS S 7' `U? l S S U[~ ~ f v t r~(-b. 8. Photographs of the Property, taken within hvo (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): ~.od to `-D to 'Z' . O O ~~ 313 .ao ~t,~tN -rlt(SF ~~o~t~rTS N~ r C ~'evTl~ - a. I_GT (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: $ i.r. (e ~~ ti o c~ y 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; 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: ~rc~aE 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: ~1-tC NctCrtBo~--iGOr~ iN wrr~cN iJ S P4~i~~~LStr~t:S I~F-rE,~IGt2.r{rC-rJ ___{Pz1111f~ ~rN2oUt t~puT rlif t`7 '7E7S ~ I g~G r5 atvA r9gG'.5 . TH C- l~torru- ~~nMC RvI--NUC= ~?F~+LGlcli!' ~-J_GU~c/~C PiE'.OCRA~1 : 'IJf~1l7C2 tt~~+rrN T(+i5 12.E-5I PC-'lyC~ ' ~ gGlN~ i3 t? 1 !,- T, fi(~.~ f)5 e. r2 C ~4- tT-O s PC- e. t r= + C~ ~ ~ ~!' '~d! TI -I~ E- i~ ~ r ~ C-~2 i t i`-`~ O ~ JU O T~.f- f~ ~`'T ..lam CSZ~PE~,A-~ft orr tor-ni "i-t-tF ctY-y Q (= 5o u ~ r+ t3t.~ TO 2EV E~S~ THIS 'tl~f:JlJ l'~ `/ ENGC)uRR6rt~CG rVE-ti-1~(-]lGt{ Gtu~c.ty-`~ RG~ipC-NTrAL t7cvFc-oc~KE~'r c~ rMC nrF~GHBaR-KOOd, 14. The current use of the property is `~/~ C/i NT- Ly.~- and the w ,-1r C,y S v PPQ~' t ..S current zoning is S~"`L (use). Howlnc6 ~i~c..v~S (This information may be obtained from the Building Department 235-9553) r~ N ~ 2C-~ L C-'r T H'7 E 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South TAJ<C-S Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): ~lo~~THE~Sr N EtGt++BGrlfioo~ DcvEt.oPnc~r r ARE/a. 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: N ~ n)-- E ~a~ U Q N m A I~ 0~ ~ ~~TA~ ILOr~~ e ~~ s s City C 1 ~ 7 f~ ~ ~ N ~ r ~tate,~ ~~~ Zip // T Jr~e~ l ~ 3~- ^' ~ Op~-~ h O R o 5 ~ 4n ~~ ~ - ~} ~g SO 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): PF-rF n r N ~ H L`l IC I ~.. ~r i >2~ Lim l By: ~ (Signature) c~ t ~ Typed o pr ted name a capacity) ~'.EPt~c-SE~JTHr~ lVC' ~Lf bCJC~+~ OCT - ~' 20C9 JC'.itl 1.'L J"DF CITY CL"u":~, 30• ~~t1D, IN. x ~-i I l3 f "1""" /~ 08/26/09 LEGAL DESCRIPTIONS FOR LOTS A & B "FRANCES STREET MINOR SUBDIVISION" LEGAL DESCRIPTION LOT "A" THAT PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: LOT # A OF THE PLAT OF "FRANCES STREET MINOR SUBDIVISION" RECORDED AS DOCUMENT NO. 0835847 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.185 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION LOT "B" THAT PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: LOT # B OF THE PLAT OF "FRANCES STREET MINOR SUBDIVISION" RECORDED AS DOCUMENT NO. 0835847 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.185 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. c`Bt~~~ ~ ~ r~ti~~ F't~~~ In ~-~p,~,;,r c JG, 3~ ~,,_~ ~r~o, ~y. Cl'N GIP~~~~, ` a o- Map of 1015 N Frances St, South Bend, IN 46617-1432 Map of 1015 N Frances St, South Bend, IN 46617- 1432 Page 1 of 1 \ygHo~ !f ~ ~ Ra .--J ~~ ~"" Napo~91?es~ ~, ~ ~' ~ j I o Sf_I(n~St r------~---~---"~ ~ ~-¢ ~ ~4 z o ~~ ~ .. c~'' . ovrar r~ rl fA6 A) ._~...J w ~~~ e --~ di ~4 ~r _ ~ Sdiod "'~ [amp~au~ ~ ~ toq~ltQrd ,~ tn~ ~ ~ca~' Park ` r~e' ~chaffant~ ~~~~ ~ .. ~ ! ISSE .~ 25{1' r a~ i 540ft / ~ ~Yaho~~,F~ta~~NAYfEQ When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. http://maps.yahoo.com/print?mvt=m&ioride=us&tp=1 &stx=&fcat=&frat=&clat=4... 10/5/2009