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Home My WebLink AboutDesignating Tax Abatement - Beeler & Brown Properties, LLC and Davey, LLC Lots 1-41 Harvest Pointe Subdivision (5 Year Residential Property)Attest RESOLUTION NO. 2613 -98 Passed by the Common Council of the City of South Bend. Indiana April 27, 98 19 Presented by me to the Mayor of the City of South Bend. Indiana April 28, 98 19 Approved and signed by me •k of Common Council. City Clerk Mayor RESOLUTION NO. � �9 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 #19 2, 3, 4, 5, 69 7, 89 99 109 119 12, 139 149 159 16, 179 189 19, 20, 219 229 239 249 25, 269 279 289 299 309 31, 329 339 349 359 36, 379 38, 399 409 41 HARVEST POINTE SUBDIVISION AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR BEELER & BROWN PROPERTIES, LLC AND DAVEY, 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 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 Harvest Pointe Subdivision, South Bend, Indiana, and which is more particularly described as follows: Street Address 4101 Ashard Drive or 4433 Harvest Pointe Drive ** 4109 Ashard Drive 4117 Ashard Drive 4201 Ashard Drive 4209 Ashard Drive 4217 Ashard Drive 4218 Ashard Drive 4210 Ashard Drive 4202 Ashard Drive 4118 Ashard Drive 4110 Ashard Drive 4102 Ashard Drive or 4407 Harvest Pointe Drive ** 4101 Cherry Pointe Drive or 4401 Harvest Pointe Drive ** 4109 Cherry Pointe Drive 4117 Cherry Pointe Drive 4201 Cherry Pointe Drive 4209 Cherry Pointe Drive 4217 Cherry Pointe Drive 4218 Cherry Pointe Drive 4210 Cherry Pointe Drive 4202 Cherry Pointe Drive 4118 Cherry Pointe Drive 4033 Cherry Pointe Drive or 4402 Harvest Pointe Drive ** 4410 Harvest Pointe Drive 4418 Harvest Pointe Drive 4426 Harvest Pointe Drive 4434 Harvest Pointe Drive 4433 Whitefeather Drive 4425 Whitefeather Drive 4417 Whitefeather Drive 4409 Whitefeather Drive 4401 Whitefeather Drive or 4025 Cherry Pointe Drive ** 4434 Whitefeather Drive 4426 Whitefeather Drive Legal Description Lot #1 Harvest Pointe Subdivision Lot #2 Harvest Pointe Subdivision Lot #3 Harvest Pointe Subdivision Lot #4 Harvest Pointe Subdivision Lot #5 Harvest Pointe Subdivision Lot #6 Harvest Pointe Subdivision Lot #7 Harvest Pointe Subdivision Lot #8 Harvest Pointe Subdivision Lot #9 Harvest Pointe Subdivision Lot #10 Harvest Pointe Subdivision Lot #11 Harvest Pointe Subdivision Lot #12 Harvest Pointe Subdivision Lot #13 Harvest Pointe Subdivision Lot #14 Harvest Pointe Subdivision Lot #15 Harvest Pointe Subdivision Lot #16 Harvest Pointe Subdivision Lot #17 Harvest Pointe Subdivision Lot #18 Harvest Pointe Subdivision Lot #19 Harvest Pointe Subdivision Lot #20 Harvest Pointe Subdivision Lot #21 Harvest Pointe Subdivision Lot #22 Harvest Pointe Subdivision Lot #23 Harvest Pointe Subdivision Lot #24 Harvest Pointe Subdivision Lot #25 Harvest Pointe Subdivision Lot #26 Harvest Pointe Subdivision Lot #27 Harvest Pointe Subdivision Lot #28 Harvest Pointe Subdivision Lot #29 Harvest Pointe Subdivision Lot #30 Harvest Pointe Subdivision Lot #31 Harvest Pointe Subdivision Lot #32 Harvest Pointe Subdivision Lot #33 Harvest Pointe Subdivision Lot #34 Harvest Pointe Subdivision Key Number 25- 1013 - 020702* 4418 Whitefeather Drive 4410 Whitefeather Drive 4402 Whitefeather Drive or 4001 Cherry Pointe Drive ** 4002 Cherry Pointe Drive 4010 Cherry Pointe Drive 4018 Cherry Pointe Drive 4026 Cherry Pointe Drive Lot #35 Harvest Pointe Subdivision Lot #36 Harvest Pointe Subdivision Lot #37 Harvest Pointe Subdivision Lot #38 Harvest Pointe Subdivision Lot #39 Harvest Pointe Subdivision Lot #40 Harvest Pointe Subdivision Lot #41 Harvest Pointe Subdivision (* - the master key number is currently being split and separate key numbers will be assigned to each of the above addresses /lots). ( ** designates corner lots which may have one or the other street address listed). 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. tj 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. PwwTED X1-27 -9t NOT APPROVED ADOPTED q 2 G!"2a� Member of the Common Council 3