HomeMy WebLinkAboutOrd. 20631COUNCIL ORDINANCE NO. 20631
ORDINANCE CONCERNING MULTIPLE -UNIT PROPERTY TAX
EXEMPTIONSAND AMENDING SECTIONS 2.946 AND 2.947 OF
THE EUGENE CODE, 1971(ORDINANCE TO INCORPORATE
STATE UPDATES TO MUPTES GREEN BUILDING AND
CONSTRUCTION DEADLINE PROVISIONS).
ADOPTED: May 26, 2020
SIGNED: May 29, 2020
PASSED: 8:0
REJECTED:
OPPOSED:
EFFECTIVE: Juue29,2020
0
ORDINANCE NO. 20631
AN ORDINANCE CONCERNING MULTIPLE -UNIT PROPERTY TAX
EXEMPTIONS AND AMENDING SECTIONS 2.946 AND 2.947 OF THE EUGENE
CODE, 1971
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Subsections (2)(0, (2)(i), and (2)(j) of Section 2.946 of the Eugene Code, 1971,
are amended to provide as follows:
2.946 Multiple -Unit Housing — Threshold Criteria and Public Benefits.
(2) Criteria for Approval. No exemption may be approved under subsection (7) of
section 2.945 of this code unless all of the following criteria are met:
(f) Green Building.
1. Green building requirements apply only to the residential
occupancy areas and common areas such as hallways, stairwells,
centralized HVAC or hot water heating, and laundry facilities. The
requirements do not apply to the commercial areas or ancillary
amenities such as parking garage, swimming pools, and
recreation centers.
The project will perform at least 10% more efficiently than the
performance established in the Oregon Zero Energy Ready
Commercial Code (OZERCC).
a. Green building requirements for one to three story multiple -
family buildings are as follows:
(1) Obtain LEED v4 for homes low-rise multiple -family
basic certification and modeled at least 10% above
current OZERCC; or
(2) Obtain earth advantage multiple -family silver level
certification and provide a commissioning report.
b. Green building requirements for four stories and above
multiple -family buildings are as follows:
(1) Obtain LEED for homes midrise basic certification and
modeled at 10% above current OZERCC; or
(2) City review of the project demonstrates that:
(A) Model building energy performance, utilizing the
LEED for homes midrise energy modeling
methodology, shows that the building will
perform 10% above current OZERCC
performance;
(B) The building is constructed to modeled plans;
(C) Commissioning report has been provided prior
to issuance of certificate of occupancy; and
Ordinance - Page 1 of 3
(D) Applicant commits to working with city to report
multiple -family occupancy energy use data to
city for the tax exempt period.
3. Projects that will provide onsite parking are required to install
conduit for future electric vehicle charging stations.
(i) In the case of the construction of, or the addition or conversion to
multiple -unit housing, the construction, addition or conversion will be
completed on or before January 1, 2032.
Q) In the case of multiple -unit housing subject to a low income housing
assistance contract with an agency or subdivision of this state or the
United States,
1. The application for exemption was made on or before January 1,
2032;
2. It is important to the community to preserve the housing as low
income housing and it is probable that the housing would not be
produced as or remain low income housing without the exemption
being granted.
Section 2. Subsections (1)(d), and (5) of Section 2.947 of the Eugene Code, 1971, are
amended to provide as follows:
2.947 Multiple -Unit Housing - Termination of Approval, Review.
(1) Except as provided in subsection (8) of this section, after a resolution
approving an application has been filed, if the city manager finds that:
(d) Construction of multiple -unit housing was not completed on or before
January 1, 2032, or
the city manager shall notify the council; the owner of the property, at the
owner's last known address; and any known lender, at the lender's last known
address, of the manager's intention to recommend to the council that the
exemption be terminated. The notice shall clearly state the reasons for the
proposed termination, and shall require the owner to appear before the
council, at a time specified in the notice, which shall not be less than 20 days
from the date the notice was mailed, to show cause, if any exists, why the
exemption should not be terminated.
(5) If construction, addition, or conversion of multiple -unit housing is not
completed by January 1, 2032, upon receipt of a request from the property
owner, the council may, by resolution, extend the deadline for completion of
construction of multiple -unit housing for a period not to exceed 12 consecutive
months, if it finds the failure to complete construction by the time specified in
the resolution was due to circumstances beyond the control of the owner, and
that the owner had been and could reasonably be expected to act in good faith
and with due diligence.
Ordinance - Page 2 of 3
Section 3. The City Recorder, at the request of, or with the consent of the City Attorney, is
authorized to administratively correct any reference errors contained herein, or in other provisions
of the Eugene Code, 1971, to the provisions added, amended or repealed herein.
Passed by the City Council this
26111 day of May, 2020
City Recorder
Ordinance - Page 3 of 3
Approved by the Mayor this
J `!`! day of May, 2020
Mayor