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Home My WebLink AboutDesignating Tax Abatement - Alway Development Corp. Various Addresses in Deer Hollow Subdivision (5 Year Residential Property)Attest: RESOLUTION 3378 -04 Passed by the Common Council of the City of South Bend, Indiana September 13, 04 20_. City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 14, 20 04 Approved and signed by me September 15, 2004 City Clerk ��.�... RESOLUTION NO. 3 31 K- (0,--f 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 5541, 5546, 55549 55499 56149 56159 56249 56239 57049 5705, 57169 57249 57259 58069 5809, DEER HOLLOW DRIVE, 27109 2716, 2811, 2821, BLACK TAIL COURT, 2708, 2713, 2716, 27219 28109 28119 28199 2827, 2835, RED FARM COURT, 2625 HOLLINGTON WAY AND 25129 25159 25209 2525 2528, 26059 26159 2623, 26269 2631 RUNNING DEER DRIVE, DEER HOLLOW SUBDIVISION AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ALWAY DEVELOPMENT CORPORATION 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 Lots Numbered 1 through 16 and Lots Numbered 18 through 36, Deer Hollow Subdivision, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 5704 Deer Hollow Drive 5716 Deer Hollow Drive 5724 Deer Hollow Drive 5806 Deer Hollow Drive 5809 Deer Hollow Drive 5725 Deer Hollow Drive 2710 Black Tail Court 2716 Black Tail Court 2821 Black Tail Court 2811 Black Tail Court 2709 Black Tail Court 5705 Deer Hollow Drive 5623 Deer Hollow Drive 5615 Deer Hollow Drive 5549 Deer Hollow Drive Lot 1, Deer Hollow Subdivision Lot 2, Deer Hollow Subdivision Lot 3, Deer Hollow Subdivision Lot 4, Deer Hollow Subdivision Lot 5, Deer Hollow Subdivision Lot 6, Deer Hollow Subdivision Lot 6, Deer Hollow Subdivision Lot 7, Deer Hollow Subdivision Lot 8, Deer Hollow Subdivision Lot 9, Deer Hollow Subdivision Lot 10, Deer Hollow Subdivision Lot 10, Deer Hollow Subdivision Lot 11, Deer Hollow Subdivision Lot 12, Deer Hollow Subdivision Lot 13, Deer Hollow Subdivision 14- 1035- 059069 14- 1035- 059070 14 -1035- 059071 14 -1035- 059072 14- 1035- 059073 14- 1035- 059074 14 -1035- 059074 14- 1035- 059075 14- 1035- 059076 14- 1035- 059077 14 -1035- 059078 14 -1035- 059078 14 -1035- 059079 14- 1035- 059080 14- 1035- 059081 5541 Deer Hollow Drive Lot 14, Deer Hollow Subdivision 14 -1035- 059082 2708 Red Farm Court Lot 14, Deer Hollow Subdivision 14 -1035- 059082 2716 Red Farm Court Lot 15, Deer Hollow Subdivision 14 -1035- 059083 2810 Red Farm Court Lot 16, Deer Hollow Subdivision 14 -1035- 059084 2835 Red Farm Court Lot 18, Deer Hollow Subdivision 14 -1035- 059086 2827 Red Farm Court Lot 19, Deer Hollow Subdivision 14 -1035- 059087 2819 Red Farm Court Lot 20, Deer Hollow Subdivision 14 -1035- 059088 2811 Red Farm Court Lot 21 , Deer Hollow Subdivision 14 -1035- 059089 2721 Red Farm Court Lot 22, Deer Hollow Subdivision 14 -1035- 059090 2713 Red Farm Court Lot 23, Deer Hollow Subdivision 14- 1035- 059091 2631 Running Deer Drive Lot 24, Deer Hollow Subdivision 14- 1035- 059092 2623 Running Deer Drive Lot 25, Deer Hollow Subdivision 14- 1035- 059093 2615 Running Deer Drive Lot 26, Deer Hollow Subdivision 14 -1035- 059094 2605 Running Deer Drive Lot 27, Deer Hollow Subdivision 14 -1035- 059095 2525 Running Deer Drive Lot 28, Deer Hollow Subdivision 14 -1035- 059096 2515 Running Deer Drive Lot 29, Deer Hollow Subdivision 14- 1035- 059097 2512 Running Deer Drive Lot 30, Deer Hollow Subdivision 14 -1035- 059098 2520 Running Deer Drive Lot 31, Deer Hollow Subdivision 14 -1035- 059099 2528 Running Deer Drive Lot 32, Deer Hollow Subdivision 14 -1035 -0590 5546 Deer Hollow Drive Lot 33, Deer Hollow Subdivision 14- 1035 -0591 2626 Running Deer Drive Lot 33, Deer Hollow Subdivision 14 -1035 -0591 5554 Deer Hollow Drive Lot 34, Deer Hollow Subdivision 14 -1035- 059101 5614 Deer Hollow Drive Lot 35, Deer Hollow Subdivision 14 -1035- 059102 5624 Deer Hollow Drive Lot 36, Deer Hollow Subdivision 14 -1035- 059103 2625 Hollington Way Lot 36, Deer Hollow Subdivision 14 -1035- 059103 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 M., 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: 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: 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 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 Cou cil Filed In verWs Office SEP - 9 2004 PRESENTED , c --0-0 1 &S NOT APPRO.. ` '\ ADOPTEE },e'�- l3-6� TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 04 -100 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 5541, 5546, 5554, 5549, 5614, 5615, 5624, 5623, 5704, 5705, 5716, 5724, 5725, 5806, 5809 DEER HOLLOW DRIVE, 2710, 2716, 2811, 2821, BLACK TAIL COURT, 2708, 2713, 2716, 2721, 2810, 2811, 2818, 2819, 2827, 2835 RED FARM COURT, 2625 HOLLINGTON WAY AND 2512, 2515, 2520, 2525, 2528, 2605, 2615, 2623, 2626, 2631 RUNNING DEER DRIVE, DEER HOLLOW SUBDIVISION AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ALWAY DEVELOPMENT CORPORATION 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 as substituted by taking out the address of 2818 Red Farm Court. Sean Coleman Chairman 1200 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574 1235 -9371 FAx 574/235 -9021 TDD 5741235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT SHARON T. KENDALL EXECUTIVE DIRECTOR To: Council Members From: Mike Beitzinger?", Subject: Substitute Resolutions Date: September 13, 2004 Substitute resolutions were necessary for submitted to the City Clerk's Office last week Filed in Clerk's Office SE 11 3 2004 JOHN VOORDE two of the residential tax abatements that were The following is summary of the changes: Habitat for Humanitv /various addresses Linden McKinley, Orange, and Kenwood - after the abatement report was submitted to the Clerk's office, it was brought to my attention that two of the addresses, 2306 W. Linden Ave. and 2229 W. Orange St., are within the West Washington /Chapin Street Redevelopment area. The substitute resolution excludes the above two addresses. Since the above two addresses are within the West Washington /Chapin Redevelopment Area, they must first be considered by the Redevelopment Commission, which will meet on Friday, Se�tember 171h. They will then be resubmitted to the Council for consideration at the September 271 meeting. Alway Development/Deer Hollow Subdivision - due to computer network problems last week and the week prior, the Building Commissioner's report was not received until after the tax abatement report was submitted. The Building Commissioner's report indicated that lot 17 of the Deer Hollow Subdivision has already had a building permit pulled and as result will not be eligible for the abatement. The substitute resolution excludes lot 17. If you should need any further information regarding these abatements prior to the CED Committee meeting, please feel free to call me at 235 -5835. COMMUNITY DEVELOPMENT ECONOMICDEVEtOPMENT PAMELA C. MEYER DONAI.O E. INKS 5741235 -9660 574/235 -9371 H:\WPDATA\TA)i6A. AAq,N.Tj�ljF)=NTS 2004 \SUBSTITUTE RESOLUTIONS MEMO.DOC FINANCIAL & PROGRAM MANAGEMENT ELIZABETH LEONARD 574/235 -9371