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Home My WebLink AboutDesignating Tax Abatement - Cleland Builders, Inc. Lots 1-3, 73-101 of Jade Crossing Subdivision Section One (5 Year Residential Property)Attest: RESOLUTION 3201 -03 Passed by the Common Council of the City of South Bend, Indiana June 9, 20 03 Presented by me to the Mayor of the City of South Bend, Indiana June 10, 20 03. City Clerk President of Common Council June 10, Approved and signed by me 03 20—. City Clerk RESOLUTION NO. 3 Zvi -03 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 LOT NUMBERS 1 THROUGH 3 AND 73 THROUGH 101 JADE CROSSING SUBDIVISION, SECTION ONE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CLELAND 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 area commonly known as Lots 1 through 3 and 73 through 101 Jade Crossing Subdivision, Section 1, South Bend, Indiana, and which is more particularly described as follows: Street Address 4441 Jade Crossing Drive 4433 Jade Crossing Drive 4425 Jade Crossing Drive 4309 Ashard Drive 4310 Ashard Drive 4316 Ashard Drive 4324 Ashard Drive 4406 Ashard Drive 4412 Ashard Drive 4418 Ashard Drive 4426 Ashard Drive 4502 Ashard Drive 4514 Ashard Drive 4522 Ashard Drive 4532 Ashard Drive 4604 Ashard Drive 4610 Ashard Drive or 4420 Jade Crossing Drive 4607 Ashard Drive or 4430 Jade Crossing Drive 4601 Ashard Drive 4531 Ashard Drive 4523 Ashard Drive Legal Description Key Number Lot 1 Jade Crossing, Section 1 25- 1013 - 020748 Lot 2 Jade Crossing, Section 1 25- 1013 - 020749 Lot 3 Jade Crossing, Section 1 25- 1013 - 020750 Lot 73 Jade Crossing, Section 1 25- 1013- 020920 Lot 74 Jade Crossing, Section 1 25- 1013- 020921 Lot 75 Jade Crossing, Section 1 25 -1013- 020922 Lot 76 Jade Crossing, Section 1 25- 1013 - 020923 Lot 77 Jade Crossing, Section 1 25 -1013- 020924 Lot 78 Jade Crossing, Section 1 25 -1013- 020925 Lot 79 Jade Crossing, Section 1 25 -1013- 020926 Lot 80 Jade Crossing, Section 1 25 -1013- 020927 Lot 81 Jade Crossing, Section 1 25- 1013 - 020928 Lot 82 Jade Crossing, Section 1 25- 1013 - 020929 Lot 83 Jade Crossing, Section 1 25- 1013- 020930 Lot 84 Jade Crossing, Section 1 25- 1013- 020931 Lot 85 Jade Crossing, Section 1 25- 1013- 020932 Lot 86 Jade Crossing, Section 1 25 -1013- 020933 Lot 87 Jade Crossing, Section 1 25- 1013 - 020934 Lot 88 Jade Crossing, Section 1 25- 1013 - 020935 Lot 89 Jade Crossing, Section 1 25- 1013- 020936 Lot 90 Jade Crossing, Section 1 25 -1013- 020937 4519 Ashard Drive 4513 Ashard Drive 4425 Ashard Drive 4417 Ashard Drive 4411 Ashard Drive 4405 Ashard Drive 4327 Ashard Drive 4321 Ashard Drive 4315 Ashard Drive 4309 Ashard Drive 4303 Ashard Drive Lot 91 Jade Crossing, Section 1 25- 1013 - 020938 Lot 92 Jade Crossing, Section 1 25- 1013- 020939 Lot 93 Jade Crossing, Section 1 25- 1013- 020940 Lot 94 Jade Crossing, Section 1 25- 1013- 020941 Lot 95 Jade Crossing, Section 1 25 -1013- 020942 Lot 96 Jade Crossing, Section 1 25 -1013- 020943 Lot 97 Jade Crossing, Section 1 25 -1013- 020944 Lot 98 Jade Crossing, Section 1 25- 1013 - 020945 Lot 99 Jade Crossing, Section 1 25- 1013 - 020946 Lot 100 Jade Crossing, Section 1 25- 1013- 020947 Lot 101 Jade Crossing, Section 1 25 -1013- 020948 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 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 seq., 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 2 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. ,C Pitt ember of the Common touncil PRESENTED 6 A_o NOT APPROVED E ;ADOPTED �OA -o ff Filed In Clark's Office MAY 3 e01 2003 LOBS. -f-tA J.:i',8o4 c"CLEn -zrti. evuo,, ;N. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 03 -58 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 LOT NUMBERS 1 THROUGH 3 AND 73 THROUGH 101, JADE CROSSING SUBDIVISION, SECTION ONE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CLELAND 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