HomeMy WebLinkAboutDesignating Tax Abatement - D & H Home Builders Inc. Lots 47-99 Royal Oak Estates Section 3Attest:
RESOLUTION
3266 -03
Passed by the Common Council of the City of South Bend, Indiana
November 24,
03
20_
Presented by me to the Mayor of the City of South Bend, Indiana
November 25, 20 03
Approved and signed by me November 26
City Clerk
President of Common Council
20 03 .
City Clerk
0
RESOLUTION NO. 3 2- b6 -b3
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
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:
Legal Description:
Key Number:
609 Yoder Street
Lot 47*
23 -1018- 0381.87
5735 Buckhorn Drive
535 Yoder Street
Lot 48
23- 1018- 0381.88
523 Yoder Street
Lot 49
23- 1018- 0381.89
520 Yoder Street
Lot 50
23 -1018- 0381.90
546 Yoder Street
Lot 51*
23- 1018- 0381.91
5745 Buckhorn Drive
535 Dice Street
Lot 52*
23 -1018- 0381.92
5749 Buckhorn Drive
525 Dice Street
Lot 53
23 -1018- 0381.93
522 Dice Street
Lot 54
23 -1018- 0381.94
528 Dice Street
Lot 55*
23 -1018- 0381.95
5813 Buckhorn Drive
527 Pulling Street
Lot 56*
23- 1018 - 0381.96
5907 Buckhorn Drive
521 Pulling Street
Lot 57
23- 1018 - 0381.97
524 Pulling Street
Lot 58
23- 1018- 0381.98
530 Pulling Street
Lot 59*
23 -1018 -0381
5929 Buckhorn Drive
* indicates comer lot
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
734 Dice Court
726 Dice Court
Lot 60
23- 1018 -0382.
Lot 61
23- 1018 - 0382.01
Lot 62
23 -1018- 0382.02
Lot63
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
Lot69
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
Lot 95
23 -1018- 0382.20
Lot 96
23- 1018 - 0382.19
* indicates comer lot 2
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 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 se g., 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 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
3
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
0
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 ,,I � -lid' 03
NOT APPROft'
AD'VTED
MembeT of the Commoli Coun 1
5
Filed In Clerk's Office
LNOV 19 2003
LOARML WU
CITYCLERV, 80. BEND, fN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
03 -127 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 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.
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