HomeMy WebLinkAboutResolution No. 4951
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COUNCIL RESOLUTION NO. 4951
A RESOLUTION APPROVING A MULTIPLE-
UNIT PROPERTY TAX EXEMPTION FOR
RESIDENTIAL PROPERTY LOCATED AT THE
NORTHWEST CORNER OF 14TH AVENUE AND
HILYARD STREET, EUGENE, OREGON.
(STEVEN BENNETT/APPLICANT-OWNER)
PASSED: 5/4
REJECTED:
OPPOSED: Bettman, Ortiz, Taylor, Zelenka
ABSENT:
RECUSED:
CONSIDERED: July 14, 2008
RESOLUTION NO. 49S1
A RESOLUTION APPROVING A MULTIPLE-UNIT PROPERTY TAX
EXEMPTION FOR RESIDENTIAL PROPERTY LOCATED AT THE
NORTHWEST CORNER OF 14TH AVENUE AND HILYARD STREET,
EUGENE, OREGON. (STEVEN BENNETT/APPLICANT-OWNER)
The City Council of the City of Eugene finds that:
A. Steven Bennett is the owner of real property located at the northwest comer of
14th Avenue and Hilyard Street in Eugene, Oregon, more particularly described in the legal
description attached as Exhibit A ("the property"). Mr. Bennett has 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 residential units identified as the North Park
Apartments ("the project") to be constructed on the property.
B. A display ad soliciting recommendations or comments from the public was
published in the Register-Guard on May 19,2008, and advised that written comments would be
accepted for a period of 30 days from the date of publication. No comments were received in
response to the ad. In addition, recommendations or comments were solicited from the Planning
Commission, and other interested City departments, agencies, and neighborhood groups.
C. The Report and Recommendation attached as Exhibit B, which was prepared by
the Director of the Planning and Development Department ("the Director") as designee of the
City Manager, 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 as set forth in Section 2.945 of the
Eugene Code, 1971, and is in compliance with the policies set forth in the Standards and
Guidelines adopted by Administrative Order No. 53-04-03-F.
D. The project consists of the development of six residential studio units, 16
residential one-bedroom units, and 18 residential two-bedroom units, which are not designed for,
nor will 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 adopted, and the City Council's
review of the Report and Recommendation of the Director of the Planning and Development
Department attached as Exhibit B, the City Council approves Steven Bennett's application for an
ad valorem property tax exemption under the City's Multiple-Unit Property Tax Exemption
Program for the residential units to be constructed at the northwest comer of East 14th Avenue
Resolution - Page 1 of2
08 North Park-Bennett MUPTE Approval Resolution (00198832)
and Hilyard Street, Eugene, Oregon, (Assessor's Map 17-03-32-32, Tax Lots 13100, 13200,
13300, 13400) and more particularly described in the legal description attached as Exhibit A,
subject to the following conditions:
1. The project shall consist of six residential studio units, 16 residential one-
bedroom units, and 18 residential two-bedroom units, which are not designed for, nor will
be used as, transient accommodations.
2. The project shall be completed on or before January 1, 2012.
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 B.
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 residential units to be constructed upon the property described in
Section 1 above are 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 applicants, 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, 2009.
Section 4.
This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted and effective the 14th day of July, 2008.
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City Reco' er
Resolution - Page 2 of 2
08 North Park-Bennett MUPTE Approval Resolution (00198832)
Jade Flores
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Resolution No, 4951
Exhibit A
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EXHIBIT A
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RALPH C. BEAROSWORTH ahd MARGARET E. B!EAAO$WORTH, hUiban4 and wife, GrantQrs,
convey and w,Vt'1\f"t t,,,_ t't..l"\.'E~~ r::" eENN::n, cranl$liI. th~ tt;li !owlno d~$cr Il:JoJ
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t..ot 3., a l~k:: 2. SCOTT'S AOlHT10lil TO tUGENE CITY'. .. P lit ted
end r~cord$d In BOOK Rt '.;$ e02. lone COunty Deod .ecord~. In
tho City Of E~Q~n$. ~ano COunty. Oregon.
The said property I~ fr~e from all oneumbrancea without elee~tlon.
~..;,;....i....0{,hH.i.. fQr ttlll;i cOfweyanQfJ 1$ $13,000.00
TI-! ! (; I NSB t;'Ml:NT Vi U..L NOT Ai,.1..0W USE OF THti PROPERTY OESCR I BEP IN TH I Ii
rH$T~UMENi IN VIOLATION OF AP~LICAaLe LAND USE ~AWs ANP ReGULATIONS, BEFORE
SIGNING OR ACCEPtiNG nus INSTRUMENT. THE PERSON ACQUIRING FEE TlTl.E TO. IHE
PROPERTY. SHOULD CHEer.; Wfm ffiE APPROPRIATI! Cln OR COUNTY PLANNING
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Resolution No, 4951
Exhibit A
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J,J.de Flores
RllCOROlNO R!1QUESTEO By
FJDfiUTY N.ATlONAi. Tmf COMPANY or O"fClON
GRANTOR'S NAME.
Leo T$oU and Karen ltlppmanl'l
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GRANTEE'S NAME
Steven C. Bennatt
SENO TAX SrATE!'4IiNf$i To:
StllV(lf) C, Bennett
c/o 280 E. 11 th Avenue
EugQnt!, OA 97401
Aflrel\ RECORDING RETURN TO;
Steven C. Senmm
c/o 280 E. 11th Aveoo#
Eugene. OR 97401
STATUTORY WARRANTY DeED
leo Tsw6na KMen leppmenn, Grantor, conveys l,mO Wi)rr~nt' to
541 485 0307
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DIVISiON Of <>>fIEF DEPUTY ClERk
LANE COUNTY DEEDS AND RECORO$
Illl _11111
_'17637 10:44:18 M 03128/2908
fI0~fll1~..~a~. G CASUI~ 07
26,60
Steven C, Bennatt. Gfa!'\t~u~, ttn~ following described rGal property. free ilnd clear at enct.lmtmmcos except e$
spadficallyset forth balow, $ituatsd in the County of I.~l"l~, St~te of Oregon.
PARCEL ONE; The North Sovtnty POi feet of Lot Ono (11. Block Two (2). SCO'li"S ADDITION TO EUGENE CITY, OR,
as platteo and fI.tcorued in Book R, Pag!'! 602, Lane County Oregon Plat Records, in Lane Covnw, Oregon,
PARCEL 1"WO: The South NIMty {90} feet of Lot One (1). Blo~k Two (2), SCOTT'S ADDITION TO EUGEN~ CITY, OR,
~~:tt~ 'frn<ar3f8~ti~Jr Book R. Page 502, Lane CountY Oregon Plat Records. in lane CQlllity, aragon.
Rights of the public and governmental ag!il'lcies III and to any portion of said lam:llyin9 within the bOl.n1darios of sttett~,
roads and hlglwii;lYr.,
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBEO IN THIS INSTRUMEN"l' IN VIOLATION OF
APPLICABLE LAND USE LAWS AND R.EGIJLATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE.
PERSON ACOUlfUNG FEE TITLE TO THE PROPERTY $HOUl..D CHECK WITH THE APPROPRIATE CITY OR COl,JIIlTY
PLANNING DEPARTMENT TO VERIFY APPROVI;.D USrSAND TO DF.TE:.RMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR mREST PRACTICES AS DEPINr:D IN CftS 30,930.
THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE is $98.700.00 {See ORS 93.030l
which is paid to a Qualified Intemlediary as pllrt of an I,f{,C. 1031 tux dQfeff~d excha0ge.
~
DATED; March 22,2000
OFFICI4l,. S~
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NC1U.RY PUiJ\..!G.OReooN
CQI.l"'UI~ NO.32~
..,' COUMI$StON !:.X$'fHES SEPT \9, roO:!
LQD i'sou
JcC~~
Karen lep.pm3fl!l
STAn OF OREGON
COUNTY OF (0' 1 (I'It"L../
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This instlumant was at::knowla~gtyj before me on
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NcTAW{ ?veLle FOR QREGON' ~ Ir>
MY COMMISSiON eXPIRES; ---.....!lJL'l&....J.-----
r-01l.tl.313 {!'to\> 2/001
STATUTORY WAR!\A"''TV \)\OeD
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Resolution No, 4951
Exhibit A
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EXHIBIT B
REPORT AND RECOMMENDATION
of the
Director of the Planning & Development Department
Steven Bennett Application for
Multiple-Unit Property Tax Exemption
The Director of the Planning & Development Department of the City of Eugene
finds that:
1. Steven Bennett is the owner of real property located at the northwest comer of
14th Avenue and Hilyard Street in Eugene, Oregon, more particularly described in the legal
description attached as Exhibit A ("the property). Mr. Bennett has 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 residential units identified as the North Park
Apartments ("the proj ect") to be constructed on the property.
2. I have reviewed the application and specifically find that the project to be
constructed will result in an eligible structure for the property tax exemption as defined in the
Standards and Guidelines, will be located within the downtown core area, the construction will
be completed on or before January 1, 2012, and:
2.1
the City;
The applicant has submitted all materials, documents and fees required by
2.2 Design elements that benefit the general public have been included in the
project, which consist of:
2.2.1 Sustainability features.
-The project is within walking distance of Sacred Heart Hospital, the
University of Oregon, stores and restaurants, and L TD bus transit stops.
-Construction of the project will use local workers, business, architects,
contractors, and subcontractors, thus creating jobs.
-Sustainable, durable exterior finishes include cement fiber siding, and
high quality composition shingle roofing.
-Interior finishes will be low-VOC materials to maximize air quality.
- Where feasible, products will be selected which contain recycled
materials.
-On site construction waste will be carefully managed and will be recycled
to the maximum practical extent.
-Native landscaping will be utilized to minimize water usage and reduce
the need for fertilizers, herbicides, and pesticides.
- Most parking spaces will be beneath the building; the remaining
uncovered spaces will all be located in areas which will be shaded for most of the
day, lessening the heat-island effect of paved areas.
REPORT AND RECOMMENDATION / Exhibit B to Resolution No~ - Page 1 of 4
08 North Park-Bennett MUPTE R R - Ex. B (00198841).DOC
· Parking and site lighting will be controlled by a photocell to reduce
energy use.
· High efficiency, low-e glazing will be used at al exterior windows,
allowing natural ventilation of the building.
· Extended roof overhangs and balconies will shield window and patio
doors from direct solar heat gain.
· A generous area will be provided for the collection of recycled materials
to encourage tenant use.
.Bicycle areas will be lighted and include 44 bike lockers, enclosed and
secured with heavy-duty steel fencing.
.Project will be constructed on an underutilized site. The two rental
houses currently on the site are nearing the end of their useful life. The project
will replace them with new buildings using modem construction methods and
more environmentally sustainable materials.
2.2.2 Responsiveness to adiacent historic structures. There are no
adjacent historic structures. The property currently contains a single family
dwelling on one of the four lots and a tri-plex on another of the lots, both
constructed in 1910, and both of which will be removed. In response to Mr.
Bennett's notification of removal of the structures, Ken Guzowski, Senior Planner
in the City's Planning and Development Department, by memo dated April 14,
2008, stated that "The buildings do not appear to have a strong eligibility for City
Landmark or National Register listing, nor are they officially listed. You have
properly provided notification of intent to remove or demolish these buildings...."
Mr. Guzowski further notes that on June 9, 2008, Mr. Bennett will have met the
advance notification requirements of the MUPTE ordinance.
2.2.3 Use of higher quality materials that contribute to longevity. The
project proposes to use cement fiber siding material for exterior wall surfaces.
Roofing at sloped roof areas will be high quality composition shingles. If it falls
within the budget, brick cladding at the street-facing ground floor level exterior
walls will be included. All of the cladding materials offer high levels of longevity
and durability and will contribute positively to the fabric of the neighborhood.
2.2.4 Prominent entry facing the public street. The project includes a
prominent entrance at the central lobby space facing 14th Avenue and the adjacent
West University Neighborhood Park. The entrance will include a wide walkway
with ample landscaping at each side, a projecting canopy, and storefront glazing
system at the lobby entrance.
2.2.5 Number of units by which minimum density is exceeded or which
incorporate three or more bedrooms to encourage families. The proposed project
includes 40 apartment units. The minimum density required by the Eugene Land
Use Code for the R-3 zoning classification is 20 units per acre, which equates to
15 units for the property's .7346-acre site. Therefore, the minimum density is
exceeded by 25 units.
REPORT AND RECOMMENDATION / Exhibit B to Resolution No.ili.L - Page 2 of 4
08 North Park-Bennett MUPTE R R - Ex. B (00198841).DOC
2.2.6 Number of available ADA accessible units. All eight ground-floor
units will be fully accessible. Depending upon budget constraints, an elevator
might be included, in which case, all upper floor units would be designed to be
adaptable, and additional accessible units may be considered.
2.2.7 Responsiveness to neighborhood character and safety in respect to
height. mass. architectural detaiL landscaping and open space.
-The project will be three-stories in height, similar in scale to adjacent
residential properties.
-The sloped roof form is consistent with neighboring residential homes
and apartment buildings.
-Exterior walls will be highly articulated with projecting dormers,
balconies, roof overhangs, and canopies.
-Thirty-eight parking spaces will be provided, more than the current
Eugene Land Use Code minimum requirement of30 spaces. Parking is accessed
from the alley and will be shielded from neighborhood view.
-The project should benefit the Park being developed directly to the south
by providing enhanced degree of natural surveillance of park activities. It will
also effectively shield view of the adjacent six-story parking structure and the
fluorescent light that constantly illuminates it.
-The project is designed largely based upon a concern for tenant safety.
Building entrances are limited to the central lobby area, and all other exterior
doors will allow for exiting only. Site areas aI1d building corridors are designed
to maximize natural surveillance.
2.2.8 Number of units designed for home ownership. No units are
designed for home ownership.
2.2.9 Solicitation of comments from relevant neighborhood associations.
The project was reviewed by the neighborhood association and received their full
support.
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 The property currently contains a single family dwelling on one of the four
lots and a tri -plex on another of the lots, both constructed in 1910, and both of which will
be removed and replaced by this 40-unit complex. Neither of the old buildings are
historic structures; and
2.5 The owner has stated in the application and provided evidence that the
project as proposed, including the quality and quantity of sustainability features planned,
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 May 19, 2008. The period for
comment expired on June 18,2008. No comments were received in response to the ad.
REPORT AND RECOMMENDATION / Exhibit B to Resolution No. l)qSi - Page 3 of 4
08 North Park-Bennett MUPTE R R - Ex. B (00198841).DOC
Therefore, based upon the above findings, the project is in conformance with all
applicable local plans and provisions of the Eugene Code, 1971, 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.
Dated this _ day of
, 2008.
Director, Planning & Development
Department, City of Eugene
REPORT AND RECOMMENDATION / Exhibit B to Resolution No.~ - Page 4 of 4
08 North Park-Bennett MUPTE R R - Ex. B (00198841).DOC