HomeMy WebLinkAboutDesignating Tax Abatement - Woodfield Downs Inc. 2921 Bent Oak Ln., 2317 & Various Addresses on Oakbrook Dr. (5 Year Residential Property)Attest:
RESOLUTION
3254 -03
Passed by the Common Council of the City of South Bend, Indiana
October 13
20 03.
Presented by me to the Mayor of the City of South Bend, Indiana
October 14, 20 03
Approved and signed by me October 15
City Clerk
President of Common Council
20 03 .
City Clerk
RESOLUTION NO. 3 2 S + Q3
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
2921 BENT OAK LANE; 2317 AND 2321 OAKBROOK DRIVE;
AND 22079 22089 22119 23109 AND 2314 OAKWOOD PARK DRIVE
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
WOODFIELD DOWNS, 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 2921 Bent Oak Lane; 2317 and 2321 Oakbrook Drive; and 2207, 2208, 2211,
2310, and 2314 Oakwood Park Drive, South Bend, Indiana, and which are more particularly
described as follows:
Street Address:
Legal Description:
Key Number:
2921 Bent Oak Lane
Lot 20, Oakwood Villas Section Two
25 -1004- 025632
2317 Oakbrook Drive
Lot 33, Oakwood Villas Section Two
25 -1004- 025638
2321 Oakbrook Drive
Lot 34, Oakwood Villas Section Two
25- 1004 - 025639
2207 Oakwood Park
Dr.
Lot 23, Oakwood Villas Section One
25 -1004- 025619
2208 Oakwood Park
Dr.
Lot 2, Oakwood Villas Section One
25- 1004 - 025605
2211 Oakwood Park
Dr.
Lot 24, Oakwood Villas Section One
25- 1004 - 025620
2310 Oakwood Park
Dr.
Lot 8, Oakwood Villas Section One
25- 1004 - 025611
2314 Oakwood Park
Dr.
Lot 9, Oakwood Villas Section One
25- 1004 - 025612
be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-
1.1 -12.1 gt sea., and South Bend Municipal Code Sections 2 -76 et sea., 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 sea., 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:
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.
Member of the Common C;udcil
PRESENTED t O -Q - 03
NOT APPROVED
WDOPTED [0-13 -133
OCT 0 7 2003
r
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
03 -112 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 2921 BENT
OAK LANE; 2317 AND 2321 OAKBROOK DRIVE; AND 2207, 2208,
2211, 2310, AND 2314 OAKWOOD PARK DRIVE AS A
RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE
(5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR
WOODFIELD DOWNS, 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.
Karl King
Chairman