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Home My WebLink AboutDesignating Tax Abatement - Garden Place LLC Various Addresses on Garden Terrace, Tealwood Ln. and Place Drive (5 Year Residential Property)Attest: RESOLUTION 2965 -01 Passed by the Common Council of the City of South Bend, Indiana January 22, 01 20_. Presented by me to the Mayor of the City of South Bend, Indiana January 23, 20 01 City Clerk President of Common Council Approved and signed by me January 23, 2001 . City Clerk 0 RESOLUTION NO. ?-1 ( S "d 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 5570, 5575, 5580, 55859 5614, 56269 5627, 56379 56449 56579 5668 GARDEN TERRACE; 915, 920, 926, 9349 9429 950, 955, 958, 965, 966, 974, 975, 985, 986, 10089 1038, TEALWOOD LANE; AND 5582, 5572, 5573, 5583, 56129 5622, 5625, 5635, 56429 56459 56559 AND 5675 PLACE DRIVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN PLACE LLC 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 5570, 5575, 5580, 5585, 5614, 5626, 5627, 5637, 5644, 5657, 5668 Garden Terrace; 915, 920, 926, 934, 942, 950, 955, 958, 965, 966, 974, 975, 985, 986, 1008, 1038, Tealwood Lane; and 5582, 5572, 5573, 5583, 5612, 5622, 5625, 5635, 5642, 5645, 5655, and 5675 Place Drive , South Bend, Indiana, and which is more particularly described as follows: Address 5575 Garden Terrance 5585 Garden Terrance 5627 Garden Terrance 5637 Garden Terrance 5657 Garden Terrance 915 Tealwood Lane 5570 Garden Terrance 5580 Garden Terrance 5614 Garden Terrance 5626 Garden Terrance 5644 Garden Terrance 5668 Garden Terrance 920 Tealwood Lane 926 Tealwood Lane Legal Description Key No. Lot 1 Garden Place 01 -1018- 0383,10 Lot 2 Garden Place 01- 1018 - 0383,11 Lot 3 Garden Place 01- 1018- 0383,12 Lot 4 Garden Place 01- 1018- 0383,13 Lot 5 Garden Place 01- 1018 - 0383,14 Lot 6 Garden Place 01 -1018- 0383,15 Lot 7 Garden Place 01- 1018- 0383,16 Lot 8 Garden Place 01- 1018- 0383,17 Lot 9 Garden Place 01- 1018- 0383,18 Lot 10 Garden Place 01- 1018- 0383,19 Lot 11 Garden Place 01- 1018- 0383,20 Lot 12 Garden Place 01- 1018 - 0383,21 . Lot 13 Garden Place 01- 1018 - 0383,22 Lot 14 Garden Place 01- 1018 - 0383,23 934 Tealwood Lane Lot 15 Garden Place 01- 1018 - 0383.24 942 Tealwood Lane Lot 16 Garden Place 01- 1018- 0383.25 950 Tealwood Lane Lot 17 Garden Place 01 -1018- 0383.26 958 Tealwood Lane Lot 18 Garden Place 01- 1018- 0383.27 966 Tealwood Lane Lot 19 Garden Place 01 -1018- 0383.28 974 Tealwood Lane Lot 20 Garden Place 01- 1018 - 0383.29 986 Tealwood Lane Lot 21 Garden Place 01- 1018 - 0383.30 1008 Tealwood Lane Lot 22 Garden Place 01- 1018 - 0383.31 1038 Tealwood Lane Lot 23 Garden Place 01- 1018 - 0383.32 5675 Place Drive Lot 24 Garden Place 01- 1018 - 0383.33 5655 Place Drive Lot 25 Garden Place 01- 1018 - 0383.34 5645 Place Drive Lot 26 Garden Place 01- 1018 - 0383.35 5635 Place Drive Lot 27 Garden Place 01- 1018 - 0383.36 5625 Place Drive Lot 28 Garden Place 01- 1018 - 0383.37 5583 Place Drive Lot 29 Garden Place 01- 1018 - 0383.38 5573 Place Drive Lot 30 Garden Place 01- 1018 - 0383.39 5572 Place Drive Lot 31 Garden Place 01- 1018 - 0383.40 5582 Place Drive Lot 32 Garden Place 01- 1018 - 0383.41 5612 Place Drive Lot 33 Garden Place 01- 1018 - 0383.42 5622 Place Drive Lot 34 Garden Place 01- 1018 - 0383.43 5642 Place Drive Lot 35 Garden Place 01- 1018 - 0383.44 985 Tealwood Lane Lot 36 Garden Place 01- 1018 - 0383.45 975 Tealwood Lane Lot 37 Garden Place 01- 1018 - 0383.46 965 Tealwood Lane Lot 38 Garden Place 01- 1018 - 0383.47 955 Tealwood Lane Lot 39 Garden Place 01- 1018 - 0383.48 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 SeMc ., 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: 2 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: L 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: L 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: L 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 after April 19, 2001, and after its adoption by the Common Council and approval by the Mayor; and effective upon the completion of the annexation of said real estate into the corporate limits of South Bend. Indiana. a V 4w- Member of the Common CouncitJ r PRESENTED I - ZZ-0 I NOT APPROVED, ADOPTED - ".L JAN 17 2001