Admin Order 53-22-09-F -- Final MUPTE Rule Amendment)

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Administrative Order - Page 8 of 12 review issues at least 60 days before the owner's application for a demolition or moving permit from the City. 1.6.3 Justification for Elimination of Existing Housing. No exemption shall be granted for any property on which any housing unit has been demolished or removed from the property within the two years immediately preceding the date of application for the exemption. This restriction shall be waived if the proposed project increases the number of dwelling units by 50% from what previously existed or if it replaces the old dwelling units by significantly larger dwelling units that will accommodate families. 2. Public Benefit Beyond the Period of Exemption. The applicant must demonstrate that one or more of the public benefits described in the application will extend beyond the period of the tax exemption. 3. Compliance with Local Law. The proposed construction, addition or conversion project is or will be in conformance with the following: 3.1 At the time of completion, all local plans and planning regulations, including special or district-wide plans developed and adopted pursuant to ORS chapters 195, 196. 197, 215 and 227, that are applicable at the time the application is approved; and 3.2 In all phases of development of the project, wage, tax and licensing laws. 4. Project Would not be Built Without Exemption. The applicant must demonstrate that the project as proposed could not be built but for the benefit of the tax exemption. The applicant must submit documentation, including a ten-year pro-forma and an analysis of the projected ten-year cash-on-cash rate of return for the proposed project. This information will be reviewed by an independent professional consultant, at the applicant’s expense, and the consultant will make a recommendation on the application for the Project Review Panel and the City Manager. 5. Comments from the Appropriate Neighborhood Association. Although neighborhood association support is not a requirement for MUPTE approval, the application must include evidence that the applicant and at least one of the applicant’s principals arranged for and attended one public engagement opportunity with residents in the neighborhood, including the board of any City-recognized affected neighborhood association, to share information and seek input. An applicant must provide a copy of comments received from the neighborhood association, if any are received. Staff must provide all comments received from the Neighborhood Association, as well as other public comments, to the City Council.