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Home My WebLink AboutDesignating Tax Abatement - Topsfield Road Development Corp. Various Addresses on Topsfield Rd, Meadow Hill Dr. and 3374 Deer Lake Dr.(5 Year Residential Property)Attes RESOLUTION 3157 -03 Passed by the Common Council of the City of South Bend, Indiana January 27,' 20 03 . Presented by me to the Mayor of the City of South Bend, Indiana January 28 20 03_ Approved and signed by me JANUARY 29, City Clerk dent of Common Council 20 03 . City Clerk 0 RESOLUTION NO. 3151 -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 34329 34319 34239 3409, 33599 3335, 32309 33529 3344 AND 3424 TOPSFIELD ROAD, 34189 34269 3434, 3440 AND 3433 MEADOW HILL DRIVE, AND 3374 DEER LAKE DRIVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TOPSFIELD ROAD DEVELOPMENT CORPORATION WI -MREAS, 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 3432, 3431, 3423, 3409, 3359, 3335, 3230, 3352, 3344 and 3424 Topsfield Road, 3418, 3426, 3434, 3440 and 3433 Meadow Hill Drive, and 3374 Deer Lake Drive, South Bend, Indiana, and which are more particularly described as follows: Street Address: 3432 Topsfield Road 3431 Topsfield Road 3423 Topsfield Road 3409 Topsfield Road 3359 Topsfield Road 3335 Topsfield Road 3230 Topsfield Road 3418 Meadow Hill Drive 3426 Meadow Hill Drive 3434 Meadow Hill Drive 3440 Meadow Hill Drive 3433 Meadow Hill Drive 3352 Topsfield Road 3344 Topsfield Road 3374 Deer Lake Drive 3424 Topsfield Road Legal Description: Key Number: Lot 1, Section 2, Topsfield 26 -1001- 000149 Lot 2, Section 2, Topsfield 26- 1001 - 000150 Lot 3, Section 2, Topsfield 26- 1001- 000151 Lot 5, Section 2, Topsfield 26- 1001- 000153 Lot 6, Section 2, Topsfield 26- 1001- 000154 Lot 9, Section 2, Topsfield 26- 1001- 000157 Lot 13, Section 2, Topsfield 26- 1001- 000135 Lot 25, Section 2, Topsfield 26- 1001- 000162 Lot 26, Section 2, Topsfield 26- 1001- 000163 Lot 27, Section 2, Topsfield 26 -1001- 000164 Lot 28, Section 2, Topsfield 26- 1001- 000165 Lot 29, Section 2, Topsfield 26- 1001- 000166 Lot 35 -11, Section 2, Topsfield 26 -1001- 000172 Lot 36 -11, Section 2, Topsfield 26 -1001- 000173 Lot 48, Section 2, Topsfield 26- 1001 - 000179 Lot 49, Section 2, Topsfield 26- 1001- 000180 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 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. PRESENTED 1 -Z1 -03 NOT APPROVEC) ADOPTED AIX � Member of the Common Council M Filed In Clerk's Offlae Li 2 1 2003 LORE[TAJJ.. UDO' ', ORYOLERM COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 03 -10 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 3432, 3431, 3423, 3409, 3359, 3335, 3230, 3352, 3344 AND 3424 TOPSFIELD ROAD, 3418, 3426, 3434, 3440 AND 3433 MEADOW HILL DRIVE, AND 3374 DEER LAKE DRIVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TOPSFIELD ROAD DEVELOPMENT CORPORATION 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. Sean Coleman Acting Chairman