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Home My WebLink AboutConfirming Tax Abatement - Kendall Weiss LLP Lots 1-17 LaFayette Falls Sub. Phase 2 (5 Year Residential Property)Attest: RESOLUTION 3494 -05 Passed by the Common Council of the City of South Bend, Indiana July 25, 05 20_. Presented by me to the Mayor of the City of South Bend, Indiana July 26, 05 20 City Clerk President of Common Council Approved and signed by me July 26 20 05. - - City Clerk RESOLUTION NO. 3 � 1 `f - oS A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NUMBERED 1 THROUGH 17, LA FAYETTE FALLS SUBDIVISION, PHASE TWO AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL- WEISS, LLP 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 20000- 21000 Block (South Side) of Kern Road, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 6522 Norton Court Lot 1 La Fayette Falls, Phase 2 01 -1002- 002308 or 1313 De Luna Way 6514 Morton Court 6468 Morton Court 6460 Morton Court 6452 Morton Court 6444 Morton Court 6447 Morton Court 6455 Morton Court 6463 Morton Court 6471 Morton Court 6515 Morton Court 6521 Morton Court or 1331 De Luna Way 1336 De Luna Way 1328 De Luna Way 1320 De Luna Way Lot 2 La Fayette Falls, Phase 2 Lot 3 La Fayette Falls, Phase 2 Lot 4 La Fayette Falls, Phase 2 Lot 5 La Fayette Falls, Phase 2 Lot 6 La Fayette Falls, Phase 2 Lot 7 La Fayette Falls, Phase 2 Lot 8 La Fayette Falls, Phase 2 Lot 9 La Fayette Falls, Phase 2 Lot 10 La Fayette Falls, Phase 2 Lot 11 La Fayette Falls, Phase 2 Lot 12 La Fayette Falls, Phase 2 01- 1002 - 002309 01- 1002 - 002310 01- 1002 - 002311 01- 1002 - 002312 01 -1002- 002313 01- 1002- 002314 01- 1002 - 002315 01- 1002 - 002316 01- 1002 - 002317 01- 1002 - 002318 01 -1002- 002319 Lot 13 La Fayette Falls, Phase 2 01 -1002- 002320 Lot 14 La Fayette Falls, Phase 2 01 -1002- 002321 Lot 15 La Fayette Falls, Phase 2 01- 1002 - 002322 1312 De Luna Way Lot 16 La Fayette Falls, Phase 2 01 -1002- 002323 1304 De Luna Way Lot 17 La Fayette Falls, Phase 2 01- 1002 - 002324 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1 -12.1 et se q., and South Bend Municipal Code Sections 2 -76 et se ., 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 se ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meet s one of the following conditions as formally established in Ordinance no. 8845 -97, which was passed on December 8, 1997: 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 requireme nts 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 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 se . 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. PkBiNITED 7 LS_OS' NOT APPROVED ADOPTED "0' 7 -2,5-6S� Member of the Common Oouncil Filed In Clerk's Office J U L - 6 2005 JOHN VOME CITY CLERK, 50. BEND, IN. 1200 COUNTY -CITY BUILDING 227W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 June 30, 2005 PHONE 574/235 -9371 FAx 574/235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT SHARON T. KENDALL ExEcUTlvE DIRECTOR Council Member Ann Puzzello, 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: Kendall - Weiss, LLP Lots numbered 1 through 17, Lafayette Falls Subdivision, Phase 2 Dear Council Member Puzzello: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition for Kendall - Weiss, LLP for development of seventeen (17) lots for single family housing in a new subdivision. 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 develop a 116 acre subdivision with two hundred sixty -six (266) lots. This application is for the second phase consisting of seventeen (17) lots. The homes will be approximately 1,300 to 1,800 square feet. The development project meets the qualifications for a five (5) year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, July 11, 2005. 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 -5825. Sincerely, Tedd Schaffer Economic Development Specialist Attachments c: South Bend Common Council Members Mayor Stephen Luecke Sharon Kendall Don Inks Bob Mathia Filed In Clerk's Office JUL - 0 2005 JOHN VOORDE 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