HomeMy WebLinkAboutBill 16-31 Confirming Intersection of Mayflower Rd and Western Ave for a six (6) year real property tax abatement227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
March 22, 2016
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Real Property Tax Abatement Petition for: County Development, LLC
Dear Council Member Ferlic:
PHONE: 574/235 -9371
FAx:574/235 -9021
Please find the attached information pertaining to a real property tax abatement petition for
County. Development, LLC:
➢ Department of Community Investment's summary report
➢ Copy of the petition
➢ Statement of Benefits form
➢ Supporting information.
The report contains the Department's findings relative to the above petition. County
Development, LLC will be investing approximately $6,800,000 on the construction of a
new 40,000 square foot supermarket store and 4000 square foot convenience store and fuel
center business at the intersection of Mayflower Rd and Western Avenue. The project
meets the qualifications for a (6) six year real property tax abatement. A representative
from County Development, LLC will be available to meet with the Committee on Tuesday,
March 29, 2016.
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 -5823.
Sincerely,
..�4 /4-tl
Aaron Kobb
Director Economic Resources
Filed in Clerk's Office
:MAR 2 3:2 016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: AARON KOBB
SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR:
County Development, LLC
DATE: March 22, 2016
On Tuesday, March 22, 2016, a petition from County Development, LLC was received and
subsequently filed with the City Clerk for real property tax abatement consideration for
property to be located at the intersection of Mayflower Rd and Western Avenue, South
Bend, IN 46619. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code
of the City of South Bend, this petition was referred to the Department of Community
Investment for purposes of investigation and preparation of a report determining whether
the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and
whether all zoning requirements have been met.
The Department of Community Investment has reviewed the petition (a copy of which is
attached), investigated the area, and makes the following report.
PROJECT SUMMARY
➢ Approximately $6,800,000 construction of a new 40,000 square foot supermarket
store and 4000 square foot convenience store and fuel center business.
➢ Estimated total taxes on new building construction during six year abatement period
— $1,180,460
➢ Estimated taxes being abated on new building construction during six year
abatement period — $464,668
➢ Estimated taxes to be paid on new building construction during six year abatement
period — $715,792
EMPLOYMENT IWACT
Per the petition, it is estimated that the total project will:
➢ Create 13 permanent, full-time jobs within the six year abatement period,
representing a new annual payroll of approximately $453,440
➢ 30 total jobs will be retained with a total annual payroll of approximately $936,000
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
PAMELA C. MEYER BRIAN PAWLOWSKI AARON KOBB
ABATEMENT QUALIFICATION
l . A review of the tax abatements previously granted, finds that the petitioner has not
been granted or associated with previous abatements.
2. The Building Commissioner has reviewed the petition and finds the property to be
properly zoned for the proposed project.
3. A review of the South Bend Redevelopment designation areas finds that the property
is not located in a designated Development Area.
4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner
meets the qualifications for a (6) six -year real property tax abatement under section
2 -84.2, Real Property Tax Abatement.
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
Intersection of Mayflower Rd and Western Avenue, South Bend, IN
46619
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A SIX (6) YEAR REAL
PROPERTY TAX ABATEMENT FOR
County Development, LLC
WHEREAS, the Common Council of the City of South Bend, Indiana, has
adopted a Declaratory Resolution designating certain areas within the City as Economic
Revitalization Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as
the intersection of Mayflower Rd and Western Avenue, South Bend, IN 46619 and which
is more particularly described as follows:
LOTS 61 & 62 GROUSES PRO SEC 8 -37 -2E 16/17 ANNEXED ORD #10375 -15
LOT 63 GROUSES ADD 16/17 ANNEXED ORD #10375 -15
LOT 64 GROUSES ADD 16/17 ANNEXED ORD #10375 -15
LOT 65 GROUSES ADD 16/17 ANNEXED ORD #10375 -15
LOT 66 GROUSES ADD 16/17 ANNEXED ORD #10375 -15
W 90 FT LOTS 67 & 68 GROUSES ADD 16/17 ANNEXED ORD #10375 -15
E 75' LOT 54 GROUSES ADD 16/17 ANNEXED ORD #10375 -15
LOT 54 EX E 75' GROUSES ADD 16/17 ANNEXED ORD #10375 -15
LOT 55 GROUSES ADD 16/17 ANNEXED ORD #10375 -15
LOT 56 GROUSES ADD 16/17 ANNEXED ORD #10375 -15
LOTS 57 & 58 100'S SIDE GROUSES ADD 16/17 ANNEXED ORD #10375 -15
and which has a Key Number [to be assigned] be designated as an Economic
Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5;
and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the
purposes of tax abatement. Such designation is for Real Property tax abatement only and
is limited to two (2) calendar years from the date of adoption of the Declaratory
Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is
qualified for and is granted a real property tax deduction for a period of (6) six years as
shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines
that the petition, the Memorandum of Agreement between the Petitioner and the City of
South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the
Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et se q.
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
N1FD
NO; :- v'ROYLO
Member of the Common Council
Filed in Clerk's Office
MAR 2 3 2016
I(gREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
RESOLUTION NO.
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
Intersection of Mayflower Rd and Western Avenue, South Bend, IN 46619
AS AN ECONOMIC REVITALIZATION AREA
FOR PURPOSES OF A SIX (6) YEAR REAL
PROPERTY TAX ABATEMENT FOR
County Development, LLC
WHEREAS, a petition for real property tax abatement has been filed with the City Clerk
for consideration by the Common Council of the City of South Bend, Indiana (the "Common
Council ") requesting that portion of the property located at the intersection of Mayflower Rd. and
Western Avenue, South Bend, Indiana 46619 which is more particularly described as:
LOTS 61 & 62 GROUSES PRO SEC 8 -37 -2E 16/17 ANNEXED ORD #10375 -15
LOT 63 GROUSES ADD 16/17 ANNEXED ORD #10375 -15
LOT 64 GROUSES ADD 16/17 ANNEXED ORD #10375 -15
LOT 65 GROUSES ADD 16/17 ANNEXED ORD #10375 -15
LOT 66 GROUSES ADD 16/17 ANNEXED ORD #10375 -15
W 90 FT LOTS 67 & 68 GROUSES ADD 16/17 ANNEXED ORD #10375 -15
E 75' LOT 54 GROUSES ADD 16/17 ANNEXED ORD #10375 -15
LOT 54 EX E 75' GROUSES ADD 16/17 ANNEXED ORD #10375 -15
LOT 55 GROUSES ADD 16/17 ANNEXED ORD #10375 -15
LOT 56 GROUSES ADD 16/17 ANNEXED ORD #10375 -15
LOTS 57 & 58 100'S SIDE GROUSES ADD 16/17 ANNEXED ORD #10375 -15
and which shall have a separate Key Number assigned upon the subdivision of the parcel into one
tax parcel and provided to the Common Council be designated as an Economic Revitalization Area
under the provisions of Indiana Code § 6 -1.1 -12.1 et seq., and South Bend Municipal Code
Sections 2 -76 et seq., and;
WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes
in the final legal description and to report the final, appropriate Key Number to the Department of
Community Investment and to the Office of the City Clerk; and
WHEREAS, the Department of Community Investment has concluded an investigation and
prepared a report with information sufficient for the Common Council to determine that the area
US.99336760.02
qualifies as an Economic Revitalization 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 Investment Committee of the Common Council has reviewed
said report and recommended to the Common Council that the area qualifies as an Economic
Revitalization 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 completed by the Petitioner meets the
requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds the following:
A. That the description of the proposed redevelopment or rehabilitation meets
the applicable standards for such development;
B. That the estimate of the value of the redevelopment or rehabilitation is
reasonable for projects of this nature;
C. That the estimate of the number of individuals who will be employed or
whose employment will be retained by the Petitioner can reasonably be expected to result from
the proposed described redevelopment or rehabilitation;
D. That the estimate of the annual salaries of those individuals who will be
employed or whose employment will be retained by the Petitioner can be reasonably expected to
result from the proposed redevelopment or rehabilitation;
E. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described redevelopment or
rehabilitation; and
F. 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.
SECTION III. The Common Council hereby determines and finds that the proposed
described redevelopment or rehabilitation can be reasonably expected to yield benefits identified
in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement
Consideration and the Memorandum of Agreement between the Petitioner and the City of South
Bend, and that the Statement of Benefits form completed by the petitioner, said form being
prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under
Indiana Code § 6 -1.1- 12.1 -3.
-2-
US.99336760.02
SECTION IV. The Common Council hereby accepts the report and recommendation of
the Community Investment Committee that the area herein described be designated as an
Economic Revitalization Area and hereby adopts a Resolution designating this area as an
Economic Revitalization Area for purposes of real property tax abatement.
SECTION V. The designation as an Economic Revitalization Area shall be limited to two
(2) calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION VI. The Common Council hereby determines pursuant to Indiana Code 6 -1.1-
12.1-17 that the property owner is qualified for and is granted a property tax deduction for a period
of six (6) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17
SECTION VII. 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 VIII. This Resolution shall be in full force and effect from and after its adoption
by the Common Council and approval by the Mayor.
PRESENTED
HOT APPROVEL
PTO
-3-
US.99336760.02
Member of the Common Council
Filed in Clerk's Office
MAR 2 3 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
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General Information Project Name Project Number
Legal ame -, g steer w t-T$ - ry of
a� �� County Development LLC
au inessstfu re
Limited Liability Company
Ctf pp Y sTe�r�:
www .martins- supermarkets.com
* ,.ate:
Proposed
P��° ress Intersection Mayflower Rd & Western Avg . a e a Martin's Super Markets, Inc.
x- e
StaS P
-ANY' -
iffif;d e County Development LLC
Site re ge a •e equired'% - -
� r 8.43 Acres
is.# RYUI e's(at Towne ors
r -- Owned
, 44,000
lf' a sedY
Primary Contact information
y%ctame Gregory L. Freehauf�
VP Finance, CFO
A APa co ON ' PO Box 2709
P 574- 239 =1818
._�..
South Bend, IN 46680
-
gfteehauf @martins- supermarkets.com
Senior Official
Companyr cialna 516
Gregory L. Freehauf
TRIi t VP Finance, CFO
A " „o pa , :con "• 'd ifere !fro.. n
PO Box 2709
ho e"'F
F � 574 - 239 -1818
e; South Bend, IN 46680
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Consultant
P'" =r gfreehauf @martins- supermarkets.com
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Project Overview
40,000 square foot supermarket store and 4,000 square foot convenience store and fuel center business
pmP y� feet, an w e
pope: r ion
w o lag �
Filed in Clerk's office
q MAR 2 3 2016
n' �z
FOWLER
KAREEMAH
CITY CLERK, SOUTH BEND, II
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the ui entbeeninstaUed
2015
2016
2017
2018
2019
2020
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2017
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1) How do I pay my petition filing fee?
Your petition ftlingfee can be paid either in person or via mail to: Or online via paypal at:
City Clerk's Office http: / /Southhendin -.gov /government/
Attn: Deputy City Clerk content /tax- abatement
227 West Jefferson Blvd. • Suite 400 S
South Bend, Indiana 46601
2) Certified Technology Park appropriate? (Page one, under project overview)
In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If
your property is not located in either then the answer would be no.
3) Community Revitalization Enhancement District? (Page one, under project overview)
The map below outlines the CRED area, please check to see if you fall within the boundaries.
CREeD District Boundary
- South- .South-_
F
--
Legend
CRErDDistrict Indism' . .
O South Bend P&MMS
4) Has any 504 funding been received? (Page one, under investment details)
504 Funding is a loan that come from the Small Business Administration. This funding must be applied for to be
received.
5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions)
The amount of money to be spent per year on training over the course of the project.
6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions)
The amount of people that you will train per year over the length of the project:
If you have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the
Department of Community Investment at 574.235.5842 or email atsheintzemsouthbendin.ge
STATEMENT OF BENEFITS
REAL ESTATE IMPROVEMENTS
Stale Form 61767 (R412 -13) .
Prescribed by the Department of Local Government Finance
This statement Is being completed for real property that qualifies under the following Indiana Code (check one box):
❑ Redevelopment or rehabilitation of real estate improvements (IC 6 -1.1- 12.1 -4)
❑ Residentially distressed area (IC 6 -1.1- 12.1 -4.1)
INSTRUCT IONS:
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing If the designating body requires
information from the applicant In making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be
submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction.
Projects "planned or commlted to aiterJuly 1, 1987, and areas designated afterJuty 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1 -12.1)
2 Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to Initiation of the redevelopment or
rehabilitation, BEFORE a deduction may be approved
3. To obtain a deduction, a Form 3221RE must be filed with the County Auditor before May 10 In the year In which the addition to assessed valuation is
made or not later than thirty (30) days alter the assessment notice is malted to the property owner If it was mailed afterApril 10. If the property owner
misses the May 10 deadline In the initial year of occupation, he can apply between March 1 and May 10 of a subsequent year.
4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF- 11Real Property annualty to the application to
show compliance with the Statement of Benefits. 11C 6- 1.1- 12.1- 5.1(b) and IC 6-1.1- 12.1- 5.30)j.
5. The schedules established under IC 6- 1.1- 12.1 -4(d) for rehabilitated property apply to any economic revitalization areas designated alter June 30, 2000,
unless an alternative deduction schedule is adopted by the designating body (IC 6- 1.1- 12.1 -17). The schedules effective prior to July 1. 2000, shall
continue to apply to economic revitalization areas designated before July 1, 2000.
Page 1 of 2
SECTION •- •
Name of taxpayer
County Development LLC
Address of taxpayer (number and street, city, state. and ZIP code)
P. O. Box 2709, South Bend, IN 46680
Name of contact person Telephone number
E -mail address
Gregory L. Freehauf ( 574 )239 -1818
gfreehauf @martins- supermarkets.com
SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT
Name of designating body
Resolution number
Common Council of South Bend
Location of property
County
DLGF taxing district number
Mayflower Road & Western Avenue
SL Joseph
Description of real property improvements. redevelopment, or rehabilitation (use addiffonaf sheets If necessary)
Estimated start date (month. day, year)
May 1, 2016
40,000 square foot supermarket store and 4,000 square foot convenience store and fuel center business
Estimated completion dale (month, day, year)
April 1, 2017
SECTION OF • AND SALARIES AS RESULTOF '••• PROJECT
Current number Salaries Numberretatned Salaries Number additional Salaries
98 $1,440,000 30 $936,000 13 $453,440
SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT
REAL ESTATE IMPROVEMENTS
COST ASSESSED VALUE
Current values
o
Plus estimated values of proposed project
$9,207.178
Less values of any property being replaced
0
Net estimated values upon completion of pro ect
$9,207,179
SECTION • D AND O '•
1 1
Estimated solid waste converted (pounds) Estimated hazard as re
Other be
MAR 2 3 2016
KgREEMS �
CITY CLERK, EB NJIN
SECTION CERTIFICATION
I hereby certify that the representations in this statement are true.
daigoalpaolwbald (aodmtudaepreserdative
Title
Data signed (month, day, year)
DN:m- &agml'LFreahw%o-Maen's Super Makels,o MartWs Supra Ma*.Ia,ameilVrnhaf@m Mr m" ikels. .B=US
Vice President Finance, CFO
03/18/16
Dar« 2016.03.1816:11:58 -04W
Page 1 of 2
FOR USE;OF THE DESIGNATING :.,
We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed
under IC 6 -1.1 -121, provides for the following limitations:
A. The designated area has been limited to a period of time not to exceed calendar years` (see below). The dale this designation
expires is
B: The type of deduction that is allowed in the designated area is limited lo:
1. Redevelopment or rehabilitation of real estate Improvements 13 Yes ❑ No
2. Residentially distressed areas ❑ Yes O No
C. The amount of the deduction applicable is limited to $
D. Other limitations or conditions (specfly)
E. The deduction Is allowed for years" (see below).
F. Did the designating body adopt an alternative deduction schedule per IC 6 -1.1- 12.1 -17? ❑ Yes ❑ No
If yes, attach a copy of the alternative deduction schedule to this form.
We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have
determined that the totality of benefits is sufficient to justify the deduction described above.
Approved (signature and title of authorized member of designating body)
Telephone number
Date signed (month, day, year)
Attested by (signature and Otte of attester)
Designated body
" if the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is
entitled to receive a deduction to a number of years designated under IC 6 -1.1- 12.1 -4.
A. For residentially distressed areas, the deduction period may not exceed five (b) years.
B. For redevelopment and rehabilitation or real estate improvements:
1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years.
2. If the Economic Revitalization Area was designated after June 30, 2000, and is not in a residentially distressed area, the deduction period may not
exceed ten (10) years.
Page 2 of 2