HomeMy WebLinkAboutResolution No. 4852
RESOLUTION NO. 4852
A RESOLUTION APPROVING A LOWqNCOME RENTAL
HOUSING PROPERTY TAX EXEMPTION FOR THE
PROPERTY LOCATED AT 265 WEST 8a't~ AVENUE,
EUGENE, OREGON (ASSESSOR'S NUMBER 17103-31q2
TAX LOTS 13700, 14100, 14200). (METROPOLITAN
AFFORDABLE HOUSING
The City Council of the City of Eugene finds that:
A. The Metropolitan Affordable Housing Corp. (1430 Pearl Street, Ste B, Eugene,
Oregon 97401) has "site control" of the real property located at 265 West 8th Avenue, Eugene,
Oregon (Tax Lots 17-03-31-12- 13700, 14100, 14200), and more particularly described on
Exhibit "A" attached hereto and incorporated herein by reference, and has submitted an
application pursuant to Subsection 2.939(2) of the Eugene Code, 1971 for an exemption from ad
valorem taxes under the City's Low-Income Rental Housing Property Tax Exemption Program
(Sections 2.937 to 2.940 of the Eugene Code, 1971).
The Director of the Planning and Development Department (AIC), as designee of
the City Manager has submitted a Report and Recommendation to the Council that the
application be approved and the exemption granted. In making that recommendation, the
Director found that the applicant submitted all mater/als, documents and fees required by the
application and the City, including, if applicable: documentation that the housing units on the
property were or will be constructed after February 12, 1990, documentation that the required
rent pay~-~ent will reflect the full value of the property tax exemption; documentation that the
portion of the property for which the exemption is sought will be offered for rental solely as a
residence for low-income persons; that the applicant is in compliance with the policies set forth
in the Standards and Guidelines adopted by Resolution No. 4623 of the City Council, applicable
local, plans, planning regulations, and the Metro Plan; and has executed the required Consent to
Inspection of Premises and the Rent Regulatory Agreement, which agreement contains a
provision requiring certification of income levels of low-income occupants; and is otherwise in
compliance with the cr/ter~a for approval as set fbrth in Subsection 2.939(2) of the Eugene Code,
1971; all as set forth in the Director's Report and Recommendation.
The project consists of the development of 102 low-income rental housing units
(31 studios, 54 one-bedroom, and 17 two-bedroom units), common space serving those units (for
'which the exemption is sought), and eight market rate live/work spaces and one commercial
space, (which will not be subject to the exemption).
NOW~ THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Munic~pall Corporation of the State of Oregon, as follows:
Resolution
Section 1. Based upon the above findings, which are adopted herein, and the City
Council's review of the Report and Recommendation of the Director of the Plam~ing and
Development Department (AIC), the City Council hereby approves the application of
Metropolitan Affordable Housing Corp. for an ad valorem property tax exemption under the
Cky~s Low4ncome Rental Housing Property Tax Exemption Program fbr a portion of the
property located at 265 West 8th Avenue, Eugene, Oregon (Tax Lot 17-03-31-12-13700, 14100,
14200), as more particularly described on Exhibit "A" attached hereto and incorporated herein by
reference, subject to the following condition:
1.1 Upon completion of construction, the project shall consist of 102 low~
income rental housing units (31 studios, 54 one-bedroom, and 17 two-bedroom units) and
the common space serving those units, which shall be used for the purpose of providing
low-income rental housing.
1.2 The portion of the project consisting of eight market rate live/work spaces
and one commercial space will not be subject to the exemption.
Section 2~ That the land, the improvements constructed thereon, and the common space
serving those units as described in Section 1.1 above are hereby declared exempt from local ad
valorem property taxation commencing July 1, 2006 and continuing for a continuous period of
twenty (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 1,2010, and no extensions or exceptions were granted; or
2.2 The property owner 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. 4623, or any conditions imposed in this Resolution; and
immediate termination, without right of notice or appeal, pursuant to the provisions of ORS
307.531 in the event:
2.3 The exempt property is being held for future development of low income
rental housing and it is used for any purpose other than the provision of low income
rental housing; or
2.4 The county assessor determines that a change of use to other than that
allowed has occurred for the housing unit, or portion thereof, or, if a~er 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, and to the other taxing districts affected hereby, within ten
Resolution - 2
days from the date hereof, and to cause a copy of this Resolution to be filed with the Lane
County Assessor on or before April 1, 2006.
Section 4. Th~s Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted and effective the 8th day of August, 2005.
~ty Recorder
Resolution - 3