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Designating Tax Abatement - Cleland Builders, Inc. Various Addresses in Jade Crossing Subdivision, Section 2 (5 Year Residential Property)
Attes RESOLUTION 3348 -04 Passed by the Common Council of the City of South Bend, Indiana June 28, 20 04 Presented by me to the Mayor of the City of South Bend, Indiana June 29, Approved and signed by me July 5, 1� City Clerk dent of Common Council 2004 . City Clerk 11 .. RESOLUTION NO. 3 3 � Z- 0 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHINTHE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 44159 44059 43379 43279 43249 43329 43409 4339 JADE CROSSING DRIVE, 4628, 4620, 4614, 46069 4548, 45409 4532 ACACIA PLACE, 4324, 43309 43389 43339 4327 TURQUOISE TRAIL DRIVE, 4535, 4525 CHERRY POINTE DRIVE, 4315 JADE CROSSING DR. OR 4635 ACACIA PLACE, 4318 TURQUOISE TRAIL DRIVE OR 4527 ACACIA PLACE, 4346 TURQUOISE TRAIL DRIVE OR 4524 CHERRY POINTE DRIVE, 4542 CHERRY POINTE DRIVE OR 4347 TURQUOISE TRAIL DRIVE, 4315 TURQUOISE TRAIL DRIVE OR 4545 ACACIA PLACE, 4316 JADE CROSSING DRIVE OR 4611 ACACIA PLACE, 4348 JADE CROSSING DRIVE OR 4608 CHERRY POINTE DRIVE AND 4408 JADE CROSSING DRIVE OR 4609 CHERRY POINTE DRIVE, JADE CROSSING SUBDIVISION , SECTION TWO AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CLELAND BUILDERS, INC. WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has 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 lot numbers 4 through 15 and 43 through 60 Jade Crossing Subdivision, Section 2, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 4415 Jade Crossing Dr Lot 4 Jade Crossing, Section 2 25- 1013 - 020751 4405 Jade Crossing Dr Lot 5 Jade Crossing, Section 2 25- 1013- 020752 4337 Jade Crossing Dr Lot 6 Jade Crossing, Section 2 25- 1013- 020753 4327 Jade Crossing Dr Lot 7 Jade Crossing, Section 2 25- 1013- 020754 *4315 Jade Crossing Dr Lot 8 Jade Crossing, Section 2 25- 1013- 020755 *4635 Acacia Place 4628 Acacia Place Lot 9 Jade Crossing, Section 2 25- 1013 - 020756 4620 Acacia Place Lot 10 Jade Crossing, Section 2 25- 1013- 020757 4614 Acacia Place Lot 11 Jade Crossing, Section 2 25 -1013- 020758 4606 Acacia Place Lot 12 Jade Crossing, Section 2 25 -1013- 020759 4548 Acacia Place Lot 13 Jade Crossing, Section 2 25 -1013- 020760 4540 Acacia Place Lot 14 Jade Crossing, Section 2 25 -1013- 020761 4532 Acacia Place Lot 15 Jade Crossing, Section 2 25 -1013- 020762 *4318 Turquoise Trail Drive Lot 43 Jade Crossing, Section 2 25 -1013- 020790 *4527 Acacia Place 4324 Turquoise Trail Drive Lot 44 Jade Crossing, Section 2 25- 1013 - 020791 4330 Turquoise Trail Drive Lot 45 Jade Crossing, Section 2 25 -1013- 020792 4338 Turquoise Trail Drive Lot 46 Jade Crossing, Section 2 25- 1013- 020793 *4346 Turquoise Trail Drive Lot 47 Jade Crossing, Section 2 25- 1013- 020794 *4524 Cherry Pointe Drive *4542 Cherry Pointe Drive Lot 48 Jade Crossing, Section 2 25- 1013- 020795 *4347 Turquoise Trail Drive 4339 Jade Crossing Drive Lot 49 Jade Crossing, Section 2 25- 1013 - 020796 4333 Turquoise Trail Drive Lot 50 Jade Crossing, Section 2 25- 1013 - 020797 4327 Turquoise Trail Drive Lot 51 Jade Crossing, Section 2 25- 1013- 020798 *4315 Turquoise Trail Drive Lot 52 Jade Crossing, Section 2 25 -1013- 020799 *4545 Acacia Place *4316 Jade Crossing Drive Lot 53 Jade Crossing, Section 2 25 -1013- 020900 *4611 Acacia Place 4324 Jade Crossing Drive Lot 54 Jade Crossing, Section 2 25 -1013- 020901 4332 Jade Crossing Drive Lot 55 Jade Crossing, Section 2 25 -1013- 020902 4340 Jade Crossing Drive Lot 56 Jade Crossing, Section 2 25- 1013 - 020903 *4348 Jade Crossing Drive Lot 57 Jade Crossing, Section 2 25 -1013- 020904 *4608 Cherry Pointe Drive *4408 Jade Crossing Drive Lot 58 Jade Crossing, Section 2 25 -1013- 020905 *4609 Cherry Pointe Drive 4535 Cherry Pointe Drive Lot 59 Jade Crossing, Section 2 25- 1013- 020906 4525 Cherry Pointe Drive Lot 60 Jade Crossing, Section 2 25- 1013- 020907 * Identifies corner lot, which may be developed using one of the above addresses. be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1 -12.1 et sea., 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 seq., 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 gt 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 be 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 (D-40 0 '�"S Ar NOT APPROVED �( ADOPTED f - ©S 0.I 0. 4 Member of the Common C cil Filed In Clerk's Office JUN 2 3 CITY TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 04 -69 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 4415, 4405, 4337, 4327, 4324, 4332, 4340, 4339 JADE CROSSING DRIVE, 4628, 4620, 4614, 4606, 4548, 4540, 4532 ARCACIA PLACE, 4324, 4330, 4338, 4333, 4327 TURQUOISE TRAIL DRIVE, 4535, 4525 CHERRY POINTE DRIVE, 4315 JADE CROSSING DR. OR 4635 ACACIA PLACE, 4318 TURQUOISE TRAIL DRIVE OR 4527 ACACIA PLACE, 4346 TURQUOISE TRAIL DRIVE OR 4524 CHERRY POINTE DRIVE, 4542 CHERRY POINTE DRIVE OR 4347 TURQUOISE TRAIL DRIVE, 4315 TURQUOISE TRAIL DRIVE OR 4545 ACACIA PLACE, 4316 JADE CROSSING DRIVE OR 4611 ACACIA PLACE, 4348 JADE CROSSING DRIVE OR 4608 CHERRY POINTE DRIVE AND 4408 JADE CROSSING DRIVE OR 4609 CHERRY POINTE DRIVE, JADE CROSSING SUBDIVISION, SECTION TWO, AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CLELAND BUILDERS, INC. 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 amended on the floor by changing the name Arcacia in line 7 to Acacia. Sean Coleman Chairman