Item 8: An Ordinance Concerning Assessments for Street Improvements

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Also based on the City Council discussion at the public hearing, included in this AIS, and specifically set out in Attachment D to this AIS, is a motion to amend the ordinance to establish a lower assessment (75 percent as much as properties abutting the street to be improved) for properties on already-improved cul-de-sacs and dead-end streets that are dependent upon the street being improved for access to the street system and that are to be included in the local improvement district for the street improvement. Summary of Changes to the Eugene Code The following paragraphs summarize the changes to the Eugene Code that will affect the computation, apportionment and deferral of street assessments.  The method of apportionment of assessable costs between residential and non-residential properties will be based upon lot frontage, lot area or a combination of lot frontage and area.  A uniform assessment methodology is established for residential properties based upon a residential assessment unit (RAU) with single family, duplex and tri-plex dwellings being assigned one RAU and multi-family dwellings being assigned 0.25 RAU per dwelling unit.  The method of apportionment of assessable costs among non-residential properties will be based upon lot frontage, lot area or a combination of lot frontage and area.  Properties on cul-de-sacs and dead-end streets that are dependent upon the street being improved for access to the street system will be included in the local improvement district and be assessed for the street improvement.  Street assessments may be deferred until the sale or transfer of property. The deferral would be limited to owner-occupied single-family and duplex homes and contingent on the availability of funds. Eligible property owners may defer their assessment or receive a low-income subsidy, but cannot receive both forms of assistance. Related Policy Implications The following paragraphs outline the policy implications of proposed changes that were identified in the council work session or that became apparent with the development of the draft ordinance.  Currently, the Eugene Code makes a distinction between vacant, partially developed and developed properties and between properties less than a ½ acre and equal to or greater than ½ acre in size when determining assessable frontage and timing of assessment. The “partially developed” distinction will no longer apply – the residential assessment unit (RAU) applies to residentially zoned lots developed with single-family or duplex dwellings irrespective of lot size. The ½ acre size applies only to vacant lots and affects only the timing of payment of the assessment.  For vacant lots in a residential zone, the number of assessment units is determined by the minimum number of dwelling units required per acre (minimum density required) in the zone; currently, there is no minimum density per acre required in a low density residential zone, so vacant lots of any size in this zone would be assessed only the minimum of one RAU. Z:\CMO\2010 Council Agendas\M101213\S1012138a.doc