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HomeMy WebLinkAboutDesignating Tax Abatement - Lots 16 through 42 & 62 through 72 Jade Crossing Sub. Section 4 - Cleland Builders Inc. (5 Year Residentail Property)Attest: RESOLUTION 3509 -05 Passed by the Common Council of the City of South Bend, Indiana August 22, 05 20_. City Clerk t L.� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 23, 05 20—. Approved and signed by me 4wqwst 23, 20 05 . City Clerk RESOLUTION NO. 3S ()g- os' A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NUMBERED 16 THROUGH 42 AND 62 THROUGH 72 JADE CROSSING SUBDIVISION , SECTION FOUR AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CLELAND BUILDERS, INC. WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as lot numbers 16 through 42 and 62 through 72 Jade Crossing Subdivision, Section 4, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: 4522 Sapphire Drive Lot 16, Jade Crossing, Section 4 4514 Sapphire Drive Lot 17, Jade Crossing, Section 4 4506 Sapphire Drive Lot 18, Jade Crossing, Section 4 4408 Sapphire Drive 4306 Sapphire Drive 4314 Sapphire Drive 4322 Sapphire Drive 4330 Sapphire Drive 4338 Sapphire Drive 4346 Sapphire Drive Or 4322 Cherry Pointe Drive 4410 Cherry Pointe Drive Or 4545 Sapphire Drive 4418 Cherry Pointe Drive 4335 Sapphire Drive 4327 Sapphire Drive 4317 Sapphire Drive 4407 Sapphire Drive Lot 19, Jade Crossing, Section 4 Lot 20, Jade Crossing, Section 4 Lot 21, Jade Crossing, Section 4 Lot 22, Jade Crossing, Section 4 Lot 23, Jade Crossing, Section 4 Lot 24, Jade Crossing, Section 4 Lot 25, Jade Crossing, Section 4 Lot 26, Jade Crossing, Section 4 Key Number: 25- 1013- 020949 25- 1013 - 020950 25- 1013 - 020951 25 -1013- 020952 25- 1013 - 020953 25- 1013 - 020954 25- 1013 - 020955 25- 1013- 020956 25- 1013 - 020957 25- 1013 - 020958 25- 1013 - 020959 Lot 27, Jade Crossing, Section 4 25- 1013 - 020960 Lot 28, Jade Crossing, Section 4 25- 1013- 020961 Lot 29, Jade Crossing, Section 4 25- 1013 - 020962 Lot 30, Jade Crossing, Section 4 25- 1013 - 020963 Lot 31, Jade Crossing, Section 4 25 -1013- 020964 4415 Sapphire Drive Lot 32, Jade Crossing, Section 4 25- 1013 - 020965 Or 4304 Onyx Drive 4312 Onyx Way 4320 Onyx Way 4328 Onyx Way 4336 Onyx Way 4342 Onyx Way Or 4426 Cherry Pointe Drive 4508 Cherry Pointe Drive Or 4343 Onyx Way 4335 Onyx Way 4327 Onyx Way 4319 Onyx Way 4309 Onyx Way Or 4509 Sapphire Drive 4513 Cherry Pointe Drive 4505 Cherry Pointe Drive 4431 Cherry Pointe Drive 4423 Cherry Pointe Drive 4415 Cherry Pointe Drive 4407 Cherry Pointe Drive 4331 Cherry Pointe Drive 4325 Cherry Pointe Drive 4319 Cherry Pointe Drive 4313 Cherry Pointe Drive 4305 Cherry Pointe Drive Lot 33, Jade Crossing, Section 4 25 -1013- 020966 Lot 34, Jade Crossing, Section 4 25 -1013- 020967 Lot 35, Jade Crossing, Section 4 25 -1013- 020968 Lot 36, Jade Crossing, Section 4 25 -1013- 020969 Lot 37, Jade Crossing, Section 4 25- 1013 - 020970 Lot 38, Jade Crossing, Section 4 25- 1013- 020971 Lot 39, Jade Crossing, Section 4 25 -1013- 020972 Lot 40, Jade Crossing, Section 4 25 -1013- 020973 Lot 41, Jade Crossing, Section 4 25- 1013 - 020974 Lot 42, Jade Crossing, Section 4 25 -1013- 020975 Lot 62, Jade Crossing, Section 4 Lot 63, Jade Crossing, Section 4 Lot 64, Jade Crossing, Section 4 Lot 65, Jade Crossing, Section 4 Lot 66, Jade Crossing, Section 4 Lot 67, Jade Crossing, Section 4 Lot 68, Jade Crossing, Section 4 Lot 69, Jade Crossing, Section 4 Lot 70, Jade Crossing, Section 4 Lot 71, Jade Crossing, Section 4 Lot 72, Jade Crossing, Section 4 25- 1013 - 020977 25- 1013 - 020978 25 -1013- 020979 25- 1013 - 020980 25 -1013- 020981 25- 1013- 020982 25- 1013 - 020983 25- 1013 - 020984 25 -1013- 020985 25- 1013 - 020986 25- 1013 - 020987 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, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. 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. 8845 -97, which was passed on December 8, 1997: 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. 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 determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limite d to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. p^ LZ_O PRESENTED U NOi Ap49,0VE0 or g LZ' ADOPTED Member of the Common Coun Filed In Clerk's Office AUG 1 7 2005 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 05 -106 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NUMBERED 16 THROUGH 42 AND 62 THROUGH 72, JADE CROSSING SUBDIVISION, SECTION FOUR AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CLELAND BUILDERS, INC Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Roland Kelly Chairman