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HomeMy WebLinkAboutResolution No. 5288moles Ii A RESOLUTION APPROVING A LOW-INCOME RENTAL HOUSING PROPERTY TAX EXEMPTION FOR PROPERTY LOCATED ON OAK PATCH ROAD, EUGENE, OREGON (ASSESSOR'S MAP 17-043543, TAX LOT 2401; ASSESSOR'S PROPERTY ACCOUNT NO. 0470243) (APPLICANT OAKWOOD MANOR LIMITED PARTNERSHIP AND ST. VINCENT DE PAUL SOCIETY OF LANE COUNTY, INC.) PASSED: 8:0 REJECTED: OPPOSED: ABSENT: Meyor Vous CONSIDERED: Jm uwy 27, 2020 RESOLUTION NO. 5288 A RESOLUTION APPROVING A LOW-INCOME RENTAL HOUSING PROPERTY TAX EXEMPTION FOR PROPERTY LOCATED ON OAK PATCH ROAD, EUGENE, OREGON (ASSESSOR'S MAP 17-04-35-43, TAX LOT 2401; ASSESSOR'S PROPERTY ACCOUNT NO. 0470243) (APPLICANT OAKWOOD MANOR LIMITED PARTNERSHIP AND ST. VINCENT DE PAUL SOCIETY OF LANE COUNTY, INC.) The City Council of the City of Eugene finds that: A. Oakwood Manor Limited Partnership is the owner of real property located on Oak Patch Road, Eugene, Oregon, 97402 (Assessor's Map 17-04-35-43, Tax Lot 2401; Assessor's Property Account No. 0470243), more particularly described on Exhibit A attached to this Resolution. B. The Oakwood Manor development first received a Low -Income Rental Housing Property Tax Exemption in 2000. The residential units have housed low-income households since that time. Under EC 2.940(5), in the final year of low income housing tax exemptions, applications for subsequent low-income housing tax exemptions for the property may be submitted. C. Oakwood Manor and St. Vincent de Paul Society of Lane County, Inc. (2890 Chad Drive, Eugene, Oregon, 97408) (the applicant) formed a general partnership. This partnership qualifies as a nonprofit corporation. As noted in ORS 307.518(4), a "nonprofit corporation" for purposes of this type of tax exemption includes a partnership where a nonprofit corporation is a general partner of the partnership and the nonprofit corporation is responsible for the day-to-day operation of the property that is the subject of the exemption. Oakwood Manor qualifies as a nonprofit corporation because St. Vincent de Paul, a nonprofit corporation, is the general partner of the partnership and is responsible for the day-to-day operation of the property. D. The applicant has submitted an application for a subsequent low-income housing exemption from ad valorem taxes under the City's Low -Income Rental Housing Property Tax Exemption Program (EC 2.937 to 2.940). E. The property includes 25 one -bedroom units, 23 two-bedroom units, and 23 three- bedroom units (for a total of 71 low-income rental units), as well as a Manager's unit and residential common areas. The applicant is seeking the tax exemption for the entire property. F. The Community Development Manager of the Planning and Development Department, as designee of the City Manager, has prepared a Report and Recommendation recommending that the application be approved and the exemption granted. In making that recommendation, the Community Development Manager found that the applicant submitted all materials, documents and fees required by EC 2.938, and is in compliance with the policies set forth in the Standards and Guidelines adopted by Resolution No. 5028. In addition, the Resolution - Page 1 of 3 Community Development Manager found that the applicant has complied with the criteria for approval provided in EC 2.939(3), and the eligibility requirements at Section 2.10 ofthe Standards and Guidelines adopted by Resolution No. 5028. 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, the City Council approves the application of Oakwood Manor Limited Partnership and St. Vincent de Paul Society of Lane County, Inc. for an ad valorem property tax exemption under the City's Low -Income Rental Housing Property Tax Exemption Program for the property identified as Assessor's Map 17-04-35-43, Tax Lot 2401; Assessor's Property Account No. 0470243, and more particularly described on Exhibit A attached to this Resolution, which includes 25 one -bedroom units, 23 two-bedroom units, and 23 three- bedroom units (for a total of 71 low-income rental units), as well as a Manager's unit and residential common areas. Section 2. The land and units described in Section 1 above are declared exempt from local ad valorem property taxation commencing July 1, 2020, and continuing for a continuous period of 20 years unless earlier terminated in accordance with the provisions of Section 2.940 of the Eugene Code, 1971, which provides for termination after an opportunity to be heard if: 2.1 Construction or development of the exempt property differs from the construction or development described in the application for exemption, or was not completed by January 1, 2020, and no extensions or exceptions were granted; or 2.2 The applicant fails to comply with provisions of ORS 307.515 to 307.523, provisions of the Eugene Code, 1971, the Standards and Guidelines adopted by Council Resolution No. 5028, or any conditions imposed in this Resolution. The tax exemption shall be terminated immediately, without right of notice or appeal, pursuant to the provisions of ORS 307.531 in the event that the county assessor determines that a change of use to other than that allowed has occurred for the housing units, or portion thereof, or, if after the date of this approval, a declaration as defined in ORS 100.005 is presented to the county assessor or tax collector for approval under ORS 100.110. Section 3. The City Manager, or the Manager's designee, is requested to forward a copy of this Resolution to the applicant within 10 days from the date of adoption of this Resolution, and to cause a copy of this Resolution to be filed with the Lane County Assessor on or before April 1, 2020. The copy of the Resolution sent to the applicant shall be accompanied by a notice explaining the grounds for possible termination of the exemption prior to the end of the exemption period and the effects of the termination. Resolution - Page 2 of 3 Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution adopted the 27th day of January, 2020. City Recorder —Defwly Resolution - Page 3 of 3 Exhibit A LEGAL DESCRIPTION Beginning at a point on the West`%ine of BERKELEY PARK ADDITION as platted and recorded in Book 15, Page 28, Lan6,County Oregon Plat Records, in Eugene, Lane .:ounty, Oregon, that is 405.0 feet iNorth 000 19, East of a point on the South :ine of Section 35 in Township 17 South, Range 4 West of the Willamette Meridian which is 1,326.43 feet North 89' 15' West of the Southeast comer of said Section 35, run thence North 89" 15' West 140.0 feet; thence South S2- 23' 40" West 434.07 feet, thence North 890 15' West 45.0 feet, thence North UO 06' East 420.06 feet, thence North 890 54' West 100.0 feet to the Easterly right of way line of County Road No. 1225 (Known as Oak Patch Road); thence Vorth 000 06' East 171.0 feet along said Easterly right of way line to a point, thence South 89. 54' East 629.65 feet to the Westerly boundary of said BERKWM PARK ADDITION; thence South 0° 19' West along said boundary line, 327.66 feet to the point of beginning, being a part of Lot 9, CITY VIEW PARK as platted and recorded in Book 3, Page 23, Lane County Oregon Plat Records, :a Lane County, Oregon; EXCEPT that portion described in Deed to the City of Eugene, recorded January 24, 1969, Reception No. 51930, Lane County Official Records, in Lane county,. Oregon.