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Designating Tax Abatement - Kendall Weiss, LLP Lots 1 through 15, 17 through 23, 27 through 34, 186-187, 202-203, 307 through 215, 224, 236 & 242-254 LaFayette Falls Subdivision Section 2
Attest: RESOLUTION 3395 -04 Passed by the Common Council of the City of South Bend, Indiana October 11, 'Q4 o City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 12, 20 04 City Clerk Approved and signed by me October 14 2004 . RESOLUTION NO. 3 39 5 — © 4 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 1 THROUGH 15,17 THROUGH 23, 27 THROUGH 34,186 AND 1879 202 AND 2039 207 THROUGH 215, 224, 2369 AND 242 THROUGH 254 LA FAYETTE FALLS SUBDIVISION, SECTION TWO AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL- WEISS, LLP WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have 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 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: 6325 Armstrong Drive Lot 1 LaFayette Falls, Section 2 01 -1002- 002235 6345 Armstrong Drive Lot 2 LaFayette Falls, Section 2 01 -1002- 002236 6409 Armstrong Drive Lot 3 LaFayette Falls, Section 2 01 -1002- 002237 6417 Armstrong Drive Lot 4 LaFayette Falls, Section 2 01- 1002 - 002238 6425 Armstrong Drive Lot 5 LaFayette Falls, Section 2 01- 1002 - 002239 6433 Armstrong Drive Lot 6 LaFayette Falls, Section 2 01- 1002 - 002240 6441 Armstrong Drive Lot 7 LaFayette Falls, Section 2 01- 1002 - 002241 6449 Armstrong Drive Lot 8 LaFayette Falls, Section 2 01- 1002 - 002242 6457 Armstrong Drive Lot 9 LaFayette Falls, Section 2 01- 1002- 002243 6465 Armstrong Drive Lot 10 LaFayette Falls, Section 2 01- 1002 - 002244 6473 Armstrong Drive Lot 11 LaFayette Falls, Section 2 01 -1002- 002245 6505 Armstrong Drive Lot 12 LaFayette Falls, Section 2 01 -1002- 002246 6513 Armstrong Drive Lot 13 LaFayette Falls, Section 2 01 -1002- 002247 6531 Armstrong Drive Lot 14 LaFayette Falls, Section 2 01- 1002 - 002248 6607 Armstrong Drive Lot 15 LaFayette Falls, Section 2 01- 1002 - 002249 6607 Armstrong Drive Lot 17 LaFayette Falls, Section 2 01- 1002 - 002251 6607 Armstrong Drive Lot 18 LaFayette Falls, Section 2 01 -1002- 002252 6607 Armstrong Drive Lot 19 LaFayette Falls, Section 2 01 -1002- 002253 6607 Armstrong Drive Lot 20 LaFayette Falls, Section 2 01- 1002 - 002254 6607 Armstrong Drive Lot 21 LaFayette Falls, Section 2 01 -1002- 002255 6607 Armstrong Drive Lot 22 LaFayette Falls, Section 2 01 -1002- 002256 6607 Armstrong Drive Lot 23 LaFayette Falls, Section 2 01 -1002- 002257 6523 Erie Falls Drive Lot 27 LaFayette Falls, Section 2 01 -1002- 002258 6531 Erie Falls Drive Lot 28 LaFayette Falls, Section 2 01- 1002- 002259 6605 Erie Falls Drive Lot 29 LaFayette Falls, Section 2 01- 1002 - 002260 6613 Erie Falls Drive Lot 30 LaFayette Falls, Section 2 01- 1002 - 002261 6621 Erie Falls Drive Lot 31 LaFayette Falls, Section 2 01 -1002- 002262 6633 Erie Falls Drive Lot 32 LaFayette Falls, Section 2 01 -1002- 002263 6707 Erie Falls Drive Lot 33 LaFayette Falls, Section 2 01 -1002- 002264 6715 Erie Falls Drive Lot 34 LaFayette Falls, Section 2 01- 1002 - 002265 6724 Erie Falls Drive Lot 186 LaFayette Falls, Section 2 01- 1002 - 002267 6702 Lutz Drive Lot 187 LaFayette Falls, Section 2 01- 1002- 002268 6715 Lutz Drive Lot 202 LaFayette Falls, Section 2 01- 1002- 002270 6705 Lutz Drive Lot 203 LaFayette Falls, Section 2 01- 1002 - 002271 or 6704 Erie Falls Drive 1022 Potter Point Drive Lot 207 LaFayette Falls, Section 2 01- 1002 - 002272 1022 Potter Point Drive Lot 208 LaFayette Falls, Section 2 01- 1002 - 002273 1022 Potter Point Drive Lot 209 LaFayette Falls, Section 2 01- 1002- 002274 1022 Potter Point Drive Lot 210 LaFayette Falls, Section 2 01- 1002 - 002275 1022 Potter Point Drive Lot 211 LaFayette Falls, Section 2 01 -1002- 002276 1022 Potter Point Drive Lot 212 LaFayette Falls, Section 2 01 -1002- 002277 1022 Potter Point Drive Lot 213 LaFayette Falls, Section 2 01 -1002- 002278 1022 Potter Point Drive Lot 214 LaFayette Falls, Section 2 01- 1002- 002279 1022 Potter Point Drive Lot 215 LaFayette Falls, Section 2 01- 1002 - 002280 6518 Redenbacher Court Lot 224 LaFayette Falls, Section 2 01- 1002 - 002281 6504 Redenbacher Court Lot 236 LaFayette Falls, Section 2 01- 1002 - 002283 6420 Redenbacher Court Lot 242 LaFayette Falls, Section 2 01- 1002 - 002284 6412 Redenbacher Court Lot 243 LaFayette Falls, Section 2 01- 1002 - 002285 6404 Redenbacher Court Lot 244 LaFayette Falls, Section 2 01- 1002 - 002286 6340 Redenbacher Court Lot 245 LaFayette Falls, Section 2 01- 1002 - 002287 6332 Redenbacher Court Lot 246 LaFayette Falls, Section 2 01- 1002 - 002288 6424 Redenbacher Court Lot 247 LaFayette Falls, Section 2 01 -1002- 002289 6416 Redenbacher Court Lot 248 LaFayette Falls, Section 2 01 -1002- 002290 6323 Redenbacher Court Lot 249 LaFayette Falls, Section 2 01- 1002- 002291 6331 Redenbacher Court Lot 250 LaFayette Falls, Section 2 01- 1002 - 002292 6339 Redenbacher Court Lot 251 LaFayette Falls, Section 2 01- 1002 - 002293 6405 Redenbacher Court Lot 252 LaFayette Falls, Section 2 01- 1002 - 002294 6413 Redenbacher Court Lot 253 LaFayette Falls, Section 2 01 -1002- 002295 6421 Redenbacher Court Lot 254 LaFayette Falls, Section 2 01 -1002- 002296 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 s�Mc., 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 seo ., 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 25; 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- 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 limited 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 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. Member of the Common Council Filed In Clerk's Office Iii � 4 2004 PRESENTED NOT APPROVED ADOPTED TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 04 -120 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 1 THROUGH 15,17 THROUGH 23,27 THROUGH 34,186 AND 187,202 AND 203,207 THROUGH 215, 224, 236, AND 242 THROUGH 254 LAFAYETTE FALLS SUBDIVISION, SECTION TWO AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL- WEISS, LLP 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. Sean Coleman Chairman