HomeMy WebLinkAboutDesignating Tax Abatement - Woodhaven, LLC Various Addresses in Emerson Forrest Parkway (5 Year Residential Property)Attest:
RESOLUTION
3307 -04
Passed by the Common Council of the City of South Bend, Indiana
February 23,
20 04
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
February 24, 20 04
Approved and signed by me February 26 20-L4-.
City Clerk
0
RESOLUTION NO. 3303-04
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
2309, 2315, 2503, 2513, 2525, 2537, 2603, 2310, 2402, 2432, 2502, 2512, 2524,
2536, 2548, 2608 AND 2620 EMERSON FOREST PARKWAY
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
WOODHAVEN, LLC
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 areas
commonly known as 2309, 2315, 2503, 2513, 2525, 2537, 2603, 2310, 2402, 2432,
2502, 2512, 2524, 2536, 2548, 2608 and 2620 Emerson Forest Parkway, South Bend,
Indiana, and which are more particularly described as follows:
Street Address
Legal Description
Key Number
2309 Emerson Forest Parkway
Lot #9 Emerson Forest Section One
18- 8154 - 5545 -34
2315 Emerson Forest Parkway
Lot #11 Emerson Forest Section One
18- 8154 - 5545 -32
2503 Emerson Forest Parkway
Lot #48 Emerson Forest Section One
18- 8154 - 5545 -27
2513 Emerson Forest Parkway
Lot #49 Emerson Forest Section One
18- 8154 - 5545 -26
2525 Emerson Forest Parkway
Lot #50 Emerson Forest Section One
18- 8154 - 5545 -25
2537 Emerson Forest Parkway
Lot #51 Emerson Forest Section One
18- 8154 - 5545 -24
2603 Emerson Forest Parkway
Lot #52 Emerson Forest Section One
18- 8154 - 5545 -23
2310 Emerson Forest Parkway
Lot #159 Emerson Forest Section One
18- 8154 - 5545 -06
2402 Emerson Forest Parkway
Lot #160 Emerson Forest Section One
18- 8154 - 5545 -07
2432 Emerson Forest Parkway
Lot #163 Emerson Forest Section One
18- 8154 - 5545 -10
2502 Emerson Forest Parkway
Lot #195 Emerson Forest Section One
18- 8154 - 5545 -11
2512 Emerson Forest Parkway
Lot #196 Emerson Forest Section One
18- 8154 - 5545 -12
2524 Emerson Forest Parkway
Lot #197 Emerson Forest Section One
18- 8154 - 5545 -13
2536 Emerson Forest Parkway
Lot #198 Emerson Forest Section One
18- 8154 - 5545 -14
2548 Emerson Forest Parkway
Lot #199 Emerson Forest Section One
18- 8154 - 5545 -15
2608 Emerson Forest Parkway
Lot #201 Emerson Forest Section One
18- 8154 - 5545 -17
2620 Emerson Forest Parkway
Lot #202 Emerson Forest Section One
18- 8154 - 5545 -18
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 se g., 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 sec., and South Bend Municipal Code Sections 2 -76, et
sue., 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 sea., 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:
or
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;
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:
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.
Member of the Common Counc
PRESENTED
2 z3'6)
NOT APPROVED
ADOPTED I123�o�
Filed in Clerk's Office
MEN Fl,
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
04 -28 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 2309, 2315,
2503, 2513, 2525, 2537, 2603, 2310, 2402, 2432, 2502, 2512, 2524,
2536, 2548, 2608 AND 2620 EMERSON FOREST PARKWAY AS A
RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE
(5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR
WOODHAVEN, LLC
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