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Home My WebLink AboutConfirming Tax Abatement - Alway Development Corp. Various Addresses in Deer Hollow Subdivision (5 Year Residential Property)Attes RESOLUTION 3383 -04 Passed by the Common Council of the City of South Bend, Indiana September 27, 04 20_. Presented by me to the Mayor of the City of South Bend, Indiana September 28, on 04 City Clerk dent of Common Council September 30, 04 Approved and signed by me 20 City Clerk 0 RESOLUTION NO. 3 3U -0 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 55419 5546, 5554, 5549, 5614, 5615, 5624, 5623, 5704, 5705, 5716, 5724, 57259 58069 5809, DEER HOLLOW DRIVE, 2710, 27169 2811, 28219 BLACK TAIL COURT, 2708, 27139 2716, 27219 28109 2811, 28199 2827, 28359 RED FARM COURT, 2625 HOLLINGTON WAY AND 25129 25159 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 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 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 Lot 1, Deer Hollow Subdivision 14 -1035- 059069 5716 Deer Hollow Drive Lot 2, Deer Hollow Subdivision 14- 1035- 059070 5724 Deer Hollow Drive Lot 3, Deer Hollow Subdivision 14- 1035- 059071 5806 Deer Hollow Drive Lot 4, Deer Hollow Subdivision 14- 1035- 059072 5809 Deer Hollow Drive Lot 5, Deer Hollow Subdivision 14- 1035- 059073 5725 Deer Hollow Drive Lot 6, Deer Hollow Subdivision 14- 1035- 059074' 2710 Black Tail Court Lot 6, Deer Hollow Subdivision 14- 1035- 059074 2716 Black Tail Court Lot 7, Deer Hollow Subdivision 14 -1035- 059075 2821 Black Tail Court Lot 8, Deer Hollow Subdivision 14 -1035- 059076 2811 Black Tail Court Lot 9, Deer Hollow Subdivision 14 -1035- 059077 2709 Black Tail Court Lot 10, Deer Hollow Subdivision 14- 1035- 059078 5705 Deer Hollow Drive Lot 10, Deer Hollow Subdivision 14- 1035- 059078 5623 Deer Hollow Drive Lot 11, Deer Hollow Subdivision 14- 1035- 059079 5615 Deer Hollow Drive Lot 12, Deer Hollow Subdivision 14- 1035- 059080 5549 Deer Hollow Drive Lot 13, Deer Hollow Subdivision 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 provisio ns of Indiana Code 6- 1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 gt seq., 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 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: 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 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 seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the )4ayor. PRESENTED NOT APPROVED ADOPTED of the Common Filed In Clerk's Office SO -9 200 JOHN VOORDE CITYCLERK, SO. BEND, K