HomeMy WebLinkAboutConfirming Tax Abatement - Woodfield Downs Inc. 2921 Bent Oak Lane & Various Addresses on Oakbrook Dr. and Oakwood Park Dr. (5 Year Residential Property)Attest:
RESOLUTION
3259 -03
Passed by the Common Council of the City of South Bend, Indiana
October 27
20 03.
a
Presented by me to the Mayor of the City of South Bend, Indiana
October 28,
20 03
City Clerk
President of Common Council
Approved and signed by me October 28
20 03 .
City Clerk
M
RESOLUTION NO. 3 2 51 " ()3
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION 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
RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
WOODFIELD DOWNS, INC.
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Residentially Distressed
Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area 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; 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 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 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.
PRESENTED ko_2_i -d3
NOT. APPROYED
200PTED k O -Z1- 03
Member of the Common C uncil