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Home My WebLink AboutAmending Various sections Chapter 2 Article 6 Tax abatement Procedures ORDINANCE No. 8668-96 Passed by the Common Council of the City of South Bend, Indiana. April 15, r9 96 Attest: . City Clerk ORETT• J. DA Attest. C / President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— April 16, 96 '9 - City Clerk LORETTA . DUDA Approved and signed by me rg Mayor SUBSTITUTE BILL NO. 18-96 ORDINANCE NO. 666g-96 A ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2,ARTICLE 6, ENTITLED TAX ABATEMENT PROCEDURES OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT The Indiana State Legislature has given to all communities the ability to enhance development through a myriad of economic revitalization programs. The City of South Bend believes that its current guidelines in this area should be upgraded in the effort to provide additional incentives for some of the residential areas of our City to be developed. The City believes that this ordinance meets the definition of "economic revitalization area" by the fact that there are factors which have prevented a normal development of property or use of property; and that there has been a lack of development and a cessation of growth. Through the joint efforts of the city administrative branch and the city legislative branch working together with concerned citizens,it has developed a proposed ordinance to assist in helping to combat the restrictions imposed by state law addressing annexation, which have also limited the growth and development of the City. The following ordinance enlarges the "RDA's" throughout the City. The areas designated constitute approximately 2 square miles of the 3.8 square miles allowable under the ten percent(10%)guideline permitted under Indiana Code§ 6-1.1-12.1-2(c). It is believed that the following Ordinance is in the best interest of the City and would help bring needed economic revitalization and development. oiu, tlitrefort, bt it orhintb t* Common tountil of the atitji of 6outb iii*ub, Inbiana,as follows: SECTION I. Chapter 2, Article 6, Section 2-76.1 (a) (20) of the South Bend Municipal Code shall read in its entirety as follows: (20)Residentially Distressed Areas(RDA) shall mean the areas located within the City of South Bend as designated on the attached maps and legal descriptions which are incorporated herein by reference, are maintained in the Office of the City Clerk and are available for public inspection during regular business hours. RDA's are described and labeled as follows: Exhibit No. Description Approximate Acreage A-13 Rum Village 776.1 Acres A-14 Far Northwest 173.9 Acres A-15 Lilac Trails 9.9 Acres A-16 Field Pointe 15.7 Acres A-17 Oakwood Villas 12.8 Acres A-18 Deer Run @ Topsfield 54.8 Acres A-19 Staffordshire Estates 22.0 Acres A-20 Southeast Estates 8.2 Acres A-21 Mayflower Subdivision 9.2 Acres A-22 Hermitage Estates 23.4 Acres A-23 Canterbury Woods 6.3 Acres A-24 Southeast-Wenger 7.8 Acres A-25 Southeast-Broadway 5.9 Acres A-26 Southeast-Lebanon 4.0 Acres A-27 Southeast-Dubail 21.6 Acres A-28 Northeast-St.Vincent 31.2 Acres A-29 Northeast-Bissell 4.1 Acres A-30 Sandpiper Cove 9.6 Acres A-31 Southfield 93.4 Acres Substitute Bill No. 18-96 Page 2 (II) A significant number of dwelling units within an area are not permanently occupied or a significant number of parcels in the area are vacant land;or (III) A significant number of dwelling units within an area are: 1. the subject of an order issued under I.C. § 36-7-9; or 2. evidencing significant building deficiencies;or (IV) An 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 area is owned by Indiana or the United States. (V) The total areas designated as RDA's will not exceed ten percent(10%) of the total area within the Council's jurisdiction. Based on the information attached to this ordinance and defining each of the areas listed in this subsection, the Council finds and declares that the provisions of I.C. § 6-1.1-12.1-2 (c) have been met and that each of the particular areas described herein are declared residentially distressed areas(RDA's). SECTION II. Chapter 2,Article 6,Section 2-77.1 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 2-77.1. Single-Family Construction. (a) Generally: The Common Council believes that the following general standards have a reasonable relationship to the development objectives of single-family construction within the City, and would warrant tax abatement consideration as set forth herein. (b)New construction: Proposed new construction, single-family owner- occupied residentially zoned dwellings,which are to be located in a residentially distressed area, as defined in subsection 2-76.1 (a)(20), and which meet the following minimum requirements, may be considered for a maximum of a five-year Real Property Tax Abatement: (1) The lots and/or parcels on which the single-family owner- occupied residentially zoned dwellings are to be or are constructed are appropriately zoned for single-family construction; (2)The dwelling must be occupied by the title holder of the property for the duration of the tax abatement.Model homes and speculation homes,constructed by the developer, are an exception to this requirement.However, the five-year tax abatement status begins at the time that the tax abatement is approved and instituted regardless of whether the dwelling is a model home or has been sold; (3)The title holder of the property for which the tax abatement status is sought must file with the office of the City Clerk and the Department of Community and Economic Development a copy of the recorded warranty deed as a condition of maintaining the tax abatement status. (c) Conditions:The Common Council shall require compliance with all local code standards for habitability as a condition to the granting of an RDA. (d)Fees : The fees for filing a designation application may not exceed the cost of publishing the required notice. Ian L#�i.f�.n 7lirtn• Pnnt, of»rrin_fil~AL n:.»a._»nn•r»ua saotaa»ti olin.sn»all amall;In er • Substitute Bill No. 18-96 Page 3 SECTION III. This Ordinance 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 COMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 18-96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 6, ENTITLED TAX ABATEMENT PROCEDURES OF THE SOUTH BEND MUNICIPAL CODE Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable, as amended by substitution. Cleo Washington, Chairman ,/IIIlII11IIIIi-II ,,,4's°UTN 8 -- City of South Bend us- \ �'�' 1, Common Council iU , \\ 1'#` /� d ��F�i f�` County-City Building.South Bend,Indiana 46601 __� �� r p� (219)235-9321 x - x',1,1 Fax(219)235-9173 1865 TDD(219)235-5567 11 1I/III Roland Kelly President Thomas Zakrzewski April 12, 1996 Vice-President Members of the Common Council Cleo Washington 4th Floor County-City Building Chairperson,Committee South Bend,Indiana 46601 of the Whole Re: Bill No. 18-96 Stephen Luecke First District Dear Council Members: Charlotte Pfeifer Attached Bill No. 18-96 is being recommended favorable to you by the Second District Special Committee on Residential Tax Abatement,which is a sub-committee of the Community and Economic Development Committee of the Council. The Roland Kelly Special Committee of volunteers met at length on two occasions. Third District The highlights of the Bill are as follows: John Broden Fourth District 1. In § 2-76.1 (a) (20) it would include the listing of twenty (20) areas throughout the City which would be specifically designated as RDA's. David Varner Fifth District 2. In § 2-77.1 (b) it would delete the current language set forth in¶ 1 and¶ 2 which reads: Thomas Zakrzewski Sixth District (1) The lots and/or parcels on which the dwellings are to be constructed must have minimum frontage of sixty (60) feet, and must have a Sean Coleman minimum lot area of six thousand(6,000)square feet; At Large (2)The front, side, and rear setback requirements shall be those John Hosinski of the"A"Height and Area District Regulations of this Code At Large to enable a multifaceted approach to single-family construction. Cleo Washington At Large 3. It adds the state law condition that all single-family owner-occupied residentially zoned dwellings must meet all local code standards for habitability, Kathleen Cekanski-Farrand and that no fees for RDA designation,except all required cost of publishing the Council Attorney required notice,if applicable. 4. It provides that each single-family owner-occupied residentially zoned dwelling constructed within one of the twenty(20) RDA areas listed in§ 2-76.1 (a) (20),may be entitled to receive a maximum of five (n years of tax abatement from the date of assessment on the dwelling. The proposed Bill would provide an innovative and exciting tool to foster more residential construction within our City. With this legislation,it is hoped that the City's goal of having 2000 new single family units constructed within the City can be reached if not surpassed by the year 2000. Bill No. 18-96 April 12, 1996 Page 2 I seek your support and look forward to discussing this with you in detail. Sincerely, Sean Coleman Council Member at Large Attachment