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HomeMy WebLinkAboutDesignating Tax Abatement - Kendall-Weiss, LLP Various Addresses in LaFayette Falls Subdivision, Section 1 (5 Year Residential Property)Attest: RESOLUTION 3347 -04 Passed by the Common Council of the City of South Bend, Indiana June 28, 04 20_. Presented by me to the Mayor of the City of South Bend, Indiana June 29, 20 04 Approved and signed by me City Clerk President of Common Council 2004 . City Clerk 0 RESOLUTION NO. :33�1 -0 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 6451, 6507, 6515, 66149 6606, 6534, 65199 64549 6446, 6438 ERIE FALLS DRIVE, 1010 ,10209 10289 10319 1023,10159 1005 POTTER POINT DRIVE AND 65269 64627 64549 64449 64369 6428, 64299 64399 6445, 64539 6507, 6513 REDENBACHER COURT, AND 6430 ARMSTRONG DRIVE, LA FAYETTE FALLS SUBDIVISION, SECTION ONE 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: 6451 Erie Falls Drive Lot 24 La Fayette Falls, Section 1 01- 1002 - 002203 6507 Erie Falls Drive Lot 25 La Fayette Falls, Section 1 01 -1002- 002204 6515 Erie Falls Drive Lot 26 La Fayette Falls, Section 1 01- 1002 - 002205 1010 Potter Point Drive Lot 204 La Fayette Falls, Section 1 01- 1002- 002206 1020 Potter Point Drive Lot 205 La Fayette Falls, Section 1 01- 1002 - 002207 1028 Potter Point Drive Lot 206 La Fayette Falls, Section 1 01- 1002 - 002208 1031 Potter Point Drive Lot 216 La Fayette Falls, Section 1 01- 1002 - 002210 1023 Potter Point Drive Lot 217 La Fayette Falls, Section 1 01- 1002 - 002211 1015 Potter Point Drive Lot 218 La Fayette Falls, Section 1 01 -1002- 002212 1005 Potter Point Drive Lot 219 La Fayette Falls, Section 1 01- 1002 - 002213 6614 Erie Falls Drive Lot 220 La Fayette Falls, Section 1 01- 1002 - 002214 6606 Erie Falls Drive Lot 221 La Fayette Falls, Section 1 01- 1002 - 002215 6534 Erie Falls Drive Lot 222 La Fayette Falls, Section 1 01- 1002 - 002216 6526 Redenbacher Court Lot 223 La Fayette Falls, Section 1 01- 1002 - 002217 6462 Redenbacher Court Lot 237 La Fayette Falls, Section 1 01 -1002- 002218 6454 Redenbacher Court Lot 238 La Fayette Falls, Section 1 01- 1002 - 002219 6444 Redenbacher Court Lot 239 La Fayette Falls, Section 1 01 -1002- 002220 6436 Redenbacher Court Lot 240 La Fayette Falls, Section 1 01 -1002- 002221 6428 Redenbacher Court Lot 241 La Fayette Falls, Section 1 01- 1002 - 002223 6429 Redenbacher Court 6439 Redenbacher Court 6445 Redenbacher Court 6453 Redenbacher Court 6507 Redenbacher Court 6513 Redenbacher Court 6519 Erie Falls Drive 6454 Erie Falls Drive 6446 Erie Falls Drive 6438 Erie Falls Drive 6430 Armstrong Drive Lot 255 La Fayette Falls, Section 1 01- 1002 - 002224 Lot 256 La Fayette Falls, Section 1 01 -1002- 002225 Lot 257 La Fayette Falls, Section 1 Lot 258 La Fayette Falls, Section 1 Lot 259 La Fayette Falls, Section 1 Lot 260 La Fayette Falls, Section 1 Lot 261 La Fayette Falls, Section 1 Lot 262 La Fayette Falls, Section 1 Lot 263 La Fayette Falls, Section 1 Lot 264 La Fayette Falls, Section 1 Lot 265 La Fayette Falls, Section 1 01 -1002- 002226 01- 1002 - 002227 01- 1002 - 002228 01 -1002- 002229 01- 1002 - 002230 01 -1002- 002231 01 -1002- 002232 01- 1002 - 002233 01- 1002 - 002234 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 sue., and South Bend Municipal Code Sections 2 -76, et seg., 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: 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 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. PRESENTED NOT APPROVED ' p ADOPTED � ze4/4- — Memb of the Common Coun it Hod In O1®rk' ,s.0#flC0 J; n! -3 2�-Of 10 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 04 -68 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 6451, 6507, 6515, 6614, 6606, 6534, 6519, 6454, 6446, 6438 ERIE FALLS DRIVE, 1010, 1020, 1028, 1031, 1023, 1015, 1005 POTTER POINT DRIVE AND 6526, 6462, 6454, 6444, 6436, 6428, 6429, 6439, 6445, 6453, 6507, 6513 REDENBACHER COURT, AND 6430 ARMSTRONG DRIVE, LA FAYETTE FALLS SUBDIVISION, SECTION ONE, 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