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HomeMy WebLinkAboutConfirming Tax Abatement - D & H Homes Builders, Inc. Lots 47 throuth 99 Royal Oak Estates Section 3 (5 Year Residential Property)Attest: RESOLUTION 3277 -03 Passed by the Common Council of the City of South Bend, Indiana December 8, 03 zo_. Presented by me to the Mayor of the City of South Bend, Indiana December 9, 03 zo _. City Clerk President of Common Council Approved and signed by me DPC PmbPr 12 1 20.113_ . City Clerk 0 RESOLUTION NO. 3 Z�Z - 03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS 47 THROUGH 99 ROYAL OAK ESTATES SECTION 3 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR D & H HOME 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 areas commonly known as Lots 47 through 99 Royal Oak Estates Section 3, Jackson Road, South Bend, Indiana, and which are more particularly described as follows: Street Address: 609 Yoder Street 5735 Buckhorn Drive 535 Yoder Street 523 Yoder Street 520 Yoder Street 546 Yoder Street 5745 Buckhorn Drive 535 Dice Street 5749 Buckhorn Drive 525 Dice Street 522 Dice Street 528 Dice Street 5813 Buckhorn Drive 527 Pulling Street 5907 Buckhorn Drive 521 Pulling Street 524 Pulling Street * indicates comer lot Legal Description: Number: Lot 47* Key 23- 1018 - 0381.87 Lot 48 23- 1018 -0381.88 Lot 49 23- 1018 -0381.89 Lot 50 23- 1018 -0381.90 Lot 51 * 23- 1018 -0381.91 Lot 52* 23- 1018 -0381.92 Lot 53 23- 1018 - 0381.93 Lot 54 23- 1018 - 0381.94 Lot 55* 23- 1018 - 0381.95 Lot 56* 23- 1018 -0381.96 Lot 57 Lot 58 23- 1018- 0381.97 23- 1018 - 0381.98 530 Pulling Street 5929 Buckhorn Drive 6009 Buckhorn Drive 514 Gillmer Street 522 Gillmer Street 6012 Buckhorn Drive 6006 Buckhorn Drive 612 Pulling Street 5930 Buckhorn Drive 618 Pulling Street 622 Pulling Street 720 Pulling Street 727 Pulling Street 625 Pulling Street 615 Pulling Street 609 Pulling Street 5910 Buckhorn Drive 610 Dice Street 5812 Buckhorn Drive 616 Dice Street 622 Dice Street 707 Dice Court +C67 5806 Yellow Wood Drive 5728 Yellow Wood Drive 5722 Yellow Wood Drive 5718 Yellow Wood Drive 5721 Yellow Wood Drive 5727 Yellow Wood Drive 5733 Yellow Wood Drive 621 Dice Street 5809 Yellow Wood Drive 615 Dice Street 5748 Buckhorn Drive 5742 Buckhorn Drive 5736 Buckhorn Drive 5730 Buckhorn Drive 5724 Buckhorn Drive 715 Dice Court 721 Dice Court 727 Dice Court 733 Dice Court 737 Dice Court 740 Dice Court * indicates corner lot Lot 59* 23- 1018 -0381 Lot 60 23- 1018 - 0382. Lot 61 23- 1018 - 0382.01 Lot 62 23- 1018 - 0382.02 Lot 63 23- 1018 - 0382.03 Lot 64 23- 1018 - 0382.04 Lot 65* 23- 1018 - 0382.05 Lot 66 23- 1018 - 0382.06 Lot 67 23- 1018 - 0382.07 Lot 68 23- 1018 - 0382.08 Lot 69 23- 1018 - 0382.09 Lot 70 23- 1018 - 0382.10 Lot 71 23- 1018 - 0382.11 Lot 72* 23- 1018 - 0382.12 Lot 73* 23- 1018 - 0382.13 Lot 74 23- 1018 - 0382.14 Lot 75 23- 1018 - 0382.15 Lot 76* 23- 1018 - 0382.27 Lot 77 23- 1018 - 0382.28 Lot 78 23- 1018 - 0382.29 Lot 79 23- 1018 - 0382.30 Lot 80 23- 1018 - 0382.31 Lot 81 23- 1018 - 0382.32 Lot 82 23- 1018 -0382.33 Lot 83* 23- 1018 -0382.34 Lot 84* 23- 1018 - 0382.35 Lot 85 23- 1018 - 0382.36 Lot 86 23- 1018 - 0382.37 Lot 87 23- 1018 -0382.38 Lot 88 23- 1018 -0382.39 Lot 89 23- 1018 -0382.26 Lot 90 23- 1018 - 0382.25 Lot 91 23- 1018 - 0382.24 Lot 92 23- 1018 - 0382.23 Lot 93 23- 1018 - 0382.22 Lot 94 23- 1018 - 0382.21 734 Dice Court Lot 95 23- 1018 - 0382.20 726 Dice Court Lot 96 23- 1018 - 0382.19 720 Dice Court Lot 97 23- 1018 - 0382.18 714 Dice Court Lot 98 23- 1018 -0382.17 708 Dice Court Lot 99 23- 1018 - 0382.16 be designated as a Residentially Distressed Area; 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 sea., for tax abatement. SECTION Il. 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: or 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; 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 sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. u k4l, 1-1) ber of the Common PRESENTED tZ ?-03 NOT APPROVED ADOPTED \-)- -S'-b3 Filed in Clerk's Office NOV E t 9 2003 LORRTTAJ. DUOA CITY CLRRR, 80. RRND, ft