07-12-04 Council Meeting Minutes

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REGULAR MEETING JULY 12, 2004 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Coleman disclosed that he has had a prior relationship with the petitioner, however after further discussion with Council Attorney Kathleen Cekanski- Farrand it has been determined that no conflict of interest exists. Mr. Derek Spier, Abonmarche Consultants, LLC, 750 Lincolnway East, South Bend, Indiana, made the presentation for this bill on behalf of the petitioner Kendall-Weiss, LLP.. Mr. Spier indicated that the initial project will develop the first thirty (30) lots of a total development that will eventually contain two hundred sixty-six (266) homes on 116.206 acres on the south side of Kern Road. The development will include 4 ponds, a meandering stream and a waterfall. The property was recently annexed into the City of South Bend. The homes will be stick-built, single family homes. Approximately half of the homes will be 1,500 square foot villas and the remaining homes will be 1,800 to 12