HomeMy WebLinkAboutResolution No. 4816 COUNCIL RESOLUTION NO. 4816
A RESOLUTION APPROVING A MULTIPLE-UNIT
PROPERTY TAX EXEMPTION FOR RESIDENTIAL
PROPERTY LOCATED AT 979 PATTERSON STREET,
EUGENE, OREGON (ARTHUR C. CARMICHAEL, JR.
AND LARRY VON KLEIN).
PASSED: 5~
REJECTED:
OPPOSED: Bettman, Taylor
ABSENT: Poling
CONSIDERED: December 6, 2004
RESOLUTION NO. 4816
A RESOLUTION APPROVING A MULTIPLE-UNIT PROPERTY TAX
EXEMPTION FOR RESIDENTIAL PROPERTY LOCATED AT 979
PATTERSON STREET, EUGENE, OREGON (ARTHUR C.
CARMICHAEL, JR. AND LARRY VON KLEIN).
The City Council of the City of Eugene finds that:
A. Arthur C. Carmichael, Jr. and Larry von Klein are the owners of real property
located at 979 Patterson Street, Eugene, Oregon, (Assessor's Map # 17-03-32-23, Tax Lot #
7400), and have submitted an application pursuant to the City's Multiple-Unit Property Tax
Exemption Program (Sections 2.945 and 2.947 of the Eugene Code, 1971) with respect to the
construction of residential units thereon.
B. A display ad soliciting recommendations or comments from the public was
published in the Register-Guard on September 30, 2004, and advised that written comments
would be accepted for a period of 30 days from the date of publication. Comments from the
public, along with staff's responses, are set forth in the Report and Recommendation, attached as
Exhibit A, which was prepared by the Director of the Planning and Development Department
("Director") as designee of the City Manager.
C. The Director's Report and Recommendation to the Council recommends that the
application be approved and the exemption granted. In making the recommendation, the
Director found that the applicant submitted all materials, documents and fees required by the
application and the City, including, documentation that the construction will be completed on or
before January 1, 2006; that, as asserted in the application, the project would not be built without
the benefit of the tax exemption; that one or more public benefits as described in the Report and
Recommendation, as required by the Standards and Guidelines, will be included in the
construction; and the construction will be in conformance with 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.
D. The project consists of the development of 27 residential units (3 efficiency, 12
one-bedroom, and 12 two-bedroom units), which are not designed and will not be used as
transient accommodations.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1. Based upon the above findings which are hereby adopted, and the City
Council's review of the Report and Recommendation of the Director of the Planning and
Resolution - Page 1
Development Department attached as Exhibit A, the City Council hereby approves the
application of Arthur C. Carmichael, Jr. and Larry von Klein for an ad valorem property tax
exemption under the City's Multiple-Unit Property Tax Exemption Program for the construction
of residential units at 979 Patterson Street, Eugene, Oregon, (Assessor's Map # 17-03-32-23, Tax
Lot # 7400), subject to the following conditions:
1. The project shall consist of 27 residential units (3 efficiency, 12 one-
bedroom, and 12 two-bedroom units), which are not designed and will not be used as
transient accommodations.
2. The project shall be completed on or before January 1, 2006.
3. The project shall include all of the public benefit design elements as
required in the Standards and Guidelines and described in section 2.2 of the Report and
Recommendation attached as Exhibit A.
4. The project shall be in conformance with 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.
Section 2. The construction upon the residential property described in Section 1
above is declared exempt from local ad valorem property taxation beginning July 1 of the year
following certification of completion and continuing for a continuous period of ten years unless
earlier terminated in accordance with the provisions of Section 2.947 of the Eugene Code, 1971.
Section 3. The City Manager, or the Manager's designee, is requested to forward a
copy of this Resolution to the applicant, and to the other affected taxing districts, within ten days,
and to cause a copy of this Resolution to be filed with the Lane County Assessor on or before
April 1, 2005.
Section 4. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted and effective the 6th day of December, 2004.
City Recor~ler
Resolution - Page 2
REPORT AND RECOMMENDATION
of the
Director of the Planning & Development Department
Arthur C. Carmichael, Jr. and Larry von Klein
Multiple-Unit Property Tax Exemption
The Director of the Planning & Development Department of the City of Eugene
finds that:
1. Arthur C. Carmichael, Jr. and Larry von Klein are the owners of real property
located at 979 Patterson Street, Eugene, Oregon, (Assessor's Map # 17-03-32-23, Tax Lot #
7400), and have submitted an application pursuant to the City's Multiple-Unit Rental Housing
Property Tax Exemption Program (Section 2.945 and 2.947 of the Eugene Code, 1971) with
respect to the improvements to be constructed on the real property.
2. I have reviewed the application and specifically find that the project is an eligible
structure as defined in the Standards and Guidelines, is located within the downtown core area,
and:
2.1 The applicant has submitted all materials, documents and fees required by
the City;
2.2 Design elements that benefit the general public have been included in the
project, which consist off
2.2.1 Sustainability features. The East/West orientation of this project
allows for the incorporation of day-lighting applications. Coupled with tight and
thermally effective construction methods, this project will be an environmentally
friendly and sustainable structure. Native species and drought tolerant plants that
reduce the use of fertilizers and irrigation will be used for the landscaping.
2.2.2 Responsiveness to adjacent historic structures. Beta Theta Pi
Fraternity at 1009 Patterson, which was built in 1923 and remodeled about six
years ago, will be adjacent to this project on the south. The Allen Apartments at
967 Patterson, built in 1908, will be adjacent to this project on the north. Chi Psi
Fraternity at 1018 Hilyard, built in 1933, is located behind this project, across the
alley, and adjacent to the Millrace. Barnhart Hall, also known as the University
Inn, is a large University of Oregon housing project located directly across the
street from this project.
2.2.3 Use of higher quality materials that contribute to longevity.
Materials to be used for the project include 30-year roof shingles, high quality
acrylic paints, long term Hardy Plank siding, vinyl double pane windows, low-
flow plumbing fixtures, energy efficient appliances, and a quality elevator with
windows for safety.
Exhibit A -- Report and Recommendation - Page 1
C ~Documents and Settings\ceecrdw\Local Settings\Temporary Internet F~les\OLK3E\04 MUPTE Patterson House Resolution - Ex A
(00098082)1 DOC
2.2.4 Prominent entry facing the public street. The prominent entry
facing Patterson Street will showcase white pillars over a brick fagade on
expanded front porch area, and feature a secured ADA accessible entry. These
designs are to give this structure a quality and prominent appearance.
2.2.5 Number of units by which minimum density is exceeded. The
minimum number of units for this site is five and the maximum is 27. After
market research of the area, it was determined that 27 units, comprised of three
studios, 12 one-bedroom, and 12 two-bedroom units, would best fit the needs of
this community.
2.2.6 Number of available ADA accessible units that exceed required
standards. The project contains two ADA accessible units and two ADA
adaptable units, which total 14.8% of the planned 27 units.
2.2.7 Responsiveness to neighborhood character and safety in respect to
height, mass, architectural detail, landscaping and open space. The features of the
project will closely resemble the adjacent Beta Theta Fraternity at 1009 Patterson.
The front of the building will have prominent pillars with a brick faqade adding to
the neighborhood character. Safety is included in the design by including secured
door entries, secured underneath parking garage with remote controls and a
secured bicycle fenced garage inside the parking garage. Safety, and
responsiveness to neighborhood character are further enhanced by each unit
having a deck or balcony.
2.2.8 Number of units designed for home ownership. There are no units
designed for home ownership. This is a complex for rentals.
2.2.9 Solicitation of comments from relevant neighborhood associations.
The West University Neighborhood Association has been notified of the project.
A visit was made to the site and pictures were taken. A presentation was e-mailed
to the current members by the Chair of the Association who is enthusiastic about
the project. The quality and benefits of the project were explained at the
Association's September 7, 2004 monthly meeting. Board members have been
invited to a tour of the Hilyard House at 25 East 14th Avenue, which has the same
ownership and contractor. This project will resemble Hilyard House in
appearance and quality.
2.3 The project was monitored through the City's regular processes with
respect to planning, permit and building and safety requirements to insure compliance
with all local regulations;
2.4 There are no structures located on the property. Currently, the site is
paved and is being used as a parking lot; and
Exhibit A -- Report and Recommendation - Page 2
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(00098082)1 DOC
2.5 The owner has stated in the application and provided evidence that the
project would not be feasible without the tax exemption.
3. A display ad soliciting recommendations or comments from the public regarding
this project was published in the Register-Guard on September 30, 2004. The period for
comment expired on October 30, 2004. The following two written comments were received,
although they were not specific to this project:
Comment: An e-mail was received from Linda (no last name provided)
egberts5@aol.com who believed that a ten year exemption was too long and five years
was enough.
Comment: Cheryl Platt was opposed to giving "favors to the big guys" and
stated that "MUPTE sounded too much like the politics and economic policies that are
going on at the federal level. She stated that she was not comfortable with giving
corporations special privileges.
Finding: The ten-year tax exemption is statutory and cannot be amended by the
City. The MUPTE program is designed as an incentive to encourage new and better
quality housing in the core area, in order to meet adopted policy. The exemption helps to
level the playing field because it is more expensive to build in the core area.
Therefore, based upon the above findings, the project is in conformance with all
applicable local plans, planning regulations, the Metropolitan Area General Plan, and the criteria
set forth in the City's adopted Standards and Guidelines for Multiple-Unit Housing Property Tax
Exemption, and I recommend that the application be approved.
Datedthis ~ dayof ~.~'/V~l~lm'/2~ ,2004.
¢~n~l ~~~ ~EDueg;e2e°P ment
Exhibit A -- Report and Recommendation - Page 3
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