HomeMy WebLinkAboutDesignating Tax Abatement - Lafayette Falls - Kendall Weiss, LLPRESOLUTION
3690-07
Passed by the Common Council of the City of South Bend, Indiana
January 22, 07
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Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 23, 20 07
Approved and signed by me January 24 20 07 ,
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City Clerk
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RESOLUTION NO. ~ ~°~O^~
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
1432,1440,1448,1454,1445,1451,1457,1463 SLATER DRIVE
6720 MACKEY CT OR 1505 STADIUM DRIVE
6712, 6704, 6638, 6630, 6639, 6705, 6713, 6721, 6803 MACKEY COURT
6806 STEWART DRIVE or 1410 STADIUM DRIVE
6803 STEWART DRIVE or 1504 STADIUM DRIVE
6814, 6810, 6811, and 6815 STEWART DRIVE
LAFAYETTE FALLS
AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
(5) FIVE-YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR
KENDALL-WEISS, LLP
WHEREAS, a Statement of Benefits and a petition for residential real property tax
abatement have 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 1432, 1440, 1448, 1454, 1445, 1451, 1457, 1463 Slater Drive, 6720 Mackey Court or 1505
Stadium Drive, 6712, 6704, 6638, 6630, 6639, 6705, 6713, 6721, 6803 Mackey Court, 6806
Stewart Drive or 1410 Stadium Drive, 6803 Stewart Drive or 1504 Stadium Drive, 6814,
6810, 6811, and 6815 Stewart Drive South Bend, Indiana, and which is more particularly
described as follows:
commencing at the northwest corner of said northwest quarter, said corner lying
south 89 degrees 04 minutes 47 seconds east, a distance of 281.17 feet from the
southwest corner of the southwest quarter of section 35, township 37 north, range
2 east, said southwest corner being marked by a 5/8 inch diameter rod, 0.1 feet
below the road surface; thence south 00 degrees 16 minutes 41 seconds west,
along the west line of said northwest quarter, a distance of 1339.13 feet to the
point of beginning; thence south 89 degrees 10 minutes 21 seconds east, along the
south line of the northwest quarter of the northwest quarter of said section 2, a
distance of 631.14 feet to the northwest corner of lot number 50 in Lafayette Falls
subdivision, section 4, recorded under instrument number 0602210 in the office of
Recorder of St. Joseph County, Indiana; thence the next (5) five calls along the
west lines of said Lafayette Falls subdivision, section 4: 1) south 25 degrees 07
minutes 33 seconds west, a distance of 202.00 feet; 2) south 53 degrees 36
minutes 27 seconds east, a distance of 152.30 feet; 3) south 41 degrees 38 minutes
02 seconds east, a distance of 50.00 feet to the point of curvature of anon-tangent
curve, concave southeast, having a radius of 475.00 feet, being subtended by a
chord length of 59.36 feet, bearing north 51 degrees 56 minutes 54 seconds east;
4) southwesterly along said curve a distance of 59.39 feet; 5) south 34 degrees 28
minutes 10 seconds east, a distance of 137.24 feet; thence south 58 degrees 07
minutes 46 seconds west, a distance of 56.64 feet; thence south 42 degrees 38
minutes 44 seconds west, a distance of 57.21 feet; thence south 18 degrees 43
minutes 18 seconds west, a distance of 115.58 feet; thence south 07 degrees 50
minutes 12 seconds west, a distance of 50.00 feet to the point of curvature of a
non-tangent curve, concave south, having a radius of 1602.00 feet, being
subtended by a chord length of 13.30 feet, bearing north 82 degrees 24 minutesx
04 seconds west; thence westerly along said curve a distance of 13.30 feet; thence
south 00 degrees 00 minutes and 00 seconds east, a distance of 154.92 feet; thence
north 90 degrees 00 minutes 00 seconds west, a distance of 144.88 feet; thence
north 00 degrees 00 minutes 00 seconds east, a distance of 6.50 feet; thence north
90 degrees 00 minutes 00 seconds west, a distance of 206.50 feet; thence north 00
degrees 00 minutes 00 seconds east, a distance of 161.62 feet; thence north 90
degrees 00 minutes 00 seconds west, a distance of 84.92 feet to the point of curva-
ture of a tangent curve, concave to the southeast, having a radius of 30.00 feet,
being subtended by a chord length of 42.22 feet, bearing south 45 degrees 17
minutes 00 seconds west, thence southwesterly along said curve a distance of
46.83 feet; thence north 90 degrees 00 minutes 00 seconds west, a distance of
218.40 feet to the west line of said northwest quarter; thence north 00 degrees 16
minutes 41 seconds east, along said west line, a distance of 642.03 feet to the
point of beginning; said described tract containing 10.968 acres, more or less
and this property has Tax Key Number 23-1002-0022.01 be designated as a Residentially
Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., 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 sec ., 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
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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. 9394-03, which was passed on
February 10, 2003:
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;
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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 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 ~ 'L-Z `~~ 4J
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CITY CLERK, w
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ber of the-Common Council
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
07-11 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 1432, 1440,
1448, 1454, 1445, 945'1, 1457, 1463 SLATER DRIVE, 6720 MACKEY
CT OR 1505 STADIUM DRIVE, 6712, 6704, 6638, 6630, 6639, 6705,
6713, 6721, 6803 MACKEY COURT AS RESIDENTIALLY
DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR
RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-
WEISS, LLP
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.
Karen L. White
Chairperson
1200 COUNTY-CI'T'Y BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/235-9371
FAx 574/235-9021
TDD 574/ 235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY HL ECONOMIC DEVELOPMENT
JEFFREY V. GIBNEY
EXECUTIVE DIRECTOR
January 22, 2007
Council Member Derek D. Dieter, Chairperson
Community & Economic Development Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Residential Real Property Tax Abatement Petition for:
KENDALL-WEISS, LLP
Dear Council Member Dieter:
This letter will serve as a substitution to the original Tax Abatement Report to add lots 403, 404, 405,
406, 407, and 408 as these lots were not included in the declaratory resolution, but were included in the
original Tax Abatement Report to the Common Council. The secondary plat is currently in the approval
process through the Area Plan Commission. The department is requesting these lots be added to Bill
No. 07-11.
Should you or any of the other Council members have any questions concerning the report, or need
additional information, please feel free to call me at 235-5825.
Sincerely,
~~
Sharon Terrell
Economic Development
Attachments
cc: South Bend Common Council Members
Mayor Stephen Luecke
Jeff Gibney
Don Tnks
Bob Mathia
COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT
PAMELA C. MEYER DONALD E. INKS
574/235-9660 574/235-9371
Fax: 574/235-9697
~~fed 1n Cierk's 4fifice
JAN 2 22007
JOHN VOORDE
CITYCLERK, S0. BEND, fM.
FINANCIAL RC PROGRAM
MANAGEMENT
ELIZABETH LEONARD
574/235-9371