HomeMy WebLinkAboutOrdinance No. 20073GRDINANCE NG, 20073
AN GRDINANCE CONCERNING MULTIPLE-UNIT RENTAL
HOUSING; AMENDING SECTIGNS 2.945 AND 2.94? OF THE
EUGENE CODE, 1911; REPEALING RESGLUTIGN NO,
4328; CONTINUING ORDINANCE NO. 2U045; AND
PROVIDING AN EFFECTIVE DATE FGR APPLICATIGNS.
THE CITY GF EUGENE DDES ORDAIN AS FGLLGWS:
Section 1. Sections 2.945 and 2.947 of the Eugene Code,1911, are amended to
provide:
2.945 Multi le-Unit Rental Housin - Pro a Tax Exem tion.
~1 } The provisions of GRS 3D1.600 to 391.694 enable cities to grant local
property tax exemptions for newly constructed multiple-unit rental housing located in
proximity to central business districts. This incentive supports the concept of a compact
urban growth form, and there is a need and demand far better rental housing at rental rates
accessible to a broad range of the general public in the downtown area which is not likely
to be produced without this incentive. In order to provide that incentive, the provisions of
ORS 301.6x0 to 307.690 are hereby []adopted as the city's multiple-unit rental housing
property tax exemption program within the area generally bounded by the Willamette River
and Skinner's Butte Park on the north, Washington Street on the west, 13th to 19th
Avenues on the South, and on the east by Hilyard Street between Broadway and 11th
Avenue, Patterson Street between 11th and 13th Avenues, ~Cincaid Street between 14th
and 15th Avenues, more or less, Alder Street between 15th and 18th Avenues, more or
less, and Patterson Street between 1 Sth and 19th Avenues, more or less, all of which will
be mare particularly described in the standards and guidelines adopted by the city
manager in the manner prescribed in section 2.x19 of this code, which shall include
designations of a central core area and a neighborhood redevelopment area within its
boundaries and provisions to relate the net financial benefit from the property tax
exemption to the public benefits provided by the improvements.
~2} Applications for property tax exemption hereunder shall be f led with
the city manager and processed in accordance with the standards and guidelines adopted
by administrative rule of the city manager. As used in this section and section 2.94? of this
code and the standards and guidelines referred to above, "city manager" includes the
manager's designee.
~3} Upon receipt of the city manager's written recommendation, the
council shat! consider the application, the city manager's written recommendation, and an
. ~ Y
written comments submitted during the 34 day comment period on the application at its
Crd~nance -1
next scheduled meeting. If the council fails to act on an application which has been timely
referred to it as provided in the standards and guidelines within 184 days from the date it
was filed, the application shall be deemed approved and processed thereafter in
accordance with subsection ~7} of this section.
~4} At the meeting at which the city manager's recommendation is
considered the council shall adopt a resolution approving the application and granting the
property tax exemption, or adopt a resolution disapproving the application and denying the
property tax exemption.
~5} In approving an application, the council must find that:
~a} The owner has agreed to include in the construction, as a part
of the multiple-unit housing, one or more public benefits, including but not
limited to open spaces, parks and recreational facilities, common meeting
rooms and day care facilities, or as otherwise specified in the standards and
guidelines referred to above;
fib} The proposed construction project is, or will be at the time of
completion, in conformance with all local plans and planning regulations,
including special ordistrict-wide plans developed and adopted pursuant to
SRS chapters 197 and 221, which are applicable at the time the application
is approved; and
~c} The owner has complied with all the provisions of the city's
standards and guidelines referred to above.
Unless the council makes each of the f ndings, the council shall deny the application. In
addition to the owner's name and address, and a legal description or the assessor's.
property account number for the subject multiple-unit housing, the resolution approving the
application shall contain the above findings and setforkh the specific conditions of approval
or exclusions therefrom and specify the percentage and duration of the exemption. A
resolution denying an application shall set forth the specific reasons for denial.
~6} The city manager shall forward to the applicant a copy of the resolution
adopted by the council within 10 days from the date a determination is made under
subsection ~5} above, and on or before April 1 following approval shall file with the county
assessor a copy of the resolution approving an application.
~7} ~JVith respect to an application deemed approved under subsection ~3}
hereof, on or before April 1 following the expiration of the 18d-day period, the city manager
shallfi[ewith the county assessoran administrative.ordercontainingthe samefindingsand
information as required to be set forth in a resolution approving an application and forward
a copy thereof to the applicant.
~8} [n the case of a structure converted in whole or in part from other use
to multiple family use, only the increase in value attributable to the conversion shall be
exempt from taxation.
2.947 Multi le-Unit Rental Housin - Termination of A royal Review.
~1 } After a resolution approving an application has been filed, if the city
manager finds #hat:
ordinance - 2
~a} Construction of multiple-unit rental housing was not completed
on or before July 1,1998, and no extensions as provided in subsection ~4}
hereof have been granted, or
fib} The applicant has failed to comply with the provisions of SRS
307.600 to 301.690, the provisions of this code, any provisions of the
standards and guidelines adopted by the city manager, or
~c} The applicant has failed to comply with any conditions imposed
in the resolution approving the application,
the city manager shall notify the council and the owner of the property, at the owner's last
known address, of the manager's intention to recommend to the council thatthe 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 ~0 days from the date the notice was mailed, to show cause, if any
exists, why the exemptian should not be terminated.
~2} Ifthe ownerfails to appear before the council at the time specified in
the notice, or ifthe owner appears and fails to show cause why the exemptian should not
be terminated, the council shall adopt a resolution terminating the exemption, which shat[
contain its findings in support thereof. Copies of the resolution shall be filed with the
county assessor and marled to the property owner, at the owner's last address, within 10
days from the date adopted. if a determination is made that the exemption should continue
as previously granted, the council shall enter written findings of record in support of the
continued exemption and forward a copy thereof to the property owner within 10 days from
the, date of the hearing.
~3} All reviews of council action in denying, approving, or terminating an
application shall be governed by the procedures set forth in SRS 34.010 to 34.100, and
correction of assessments and tax rolls and the evaluation of the property shall be in
conformity with subsection ~2} of SRS 307.680. The council's action on an exemption shall
not be a land use decision for purposes of administrative review.
~4} Upon receipt of a request from the property owner, the council may,
by resolution, extend the. deadline far completion of construction of multiple-unit rental
housing for a period not to exceed 12 consecutive months, i.e., to July 1,1999, if it finds
the failure to complete construction by July 1,1998, was due to circumstances beyond the
control of the owner, and that the owner had been and could reasonably be expected to
actin good faith and with due diligence.
~5} In any event, no multiple-unit housing granted an exemption by the
council shall be exempt from ad valorem taxation for more than 10 successive years
beginning the tax year commencing during the calendar year immediately following the
calendar year in which construction is completed, determined by that stage in the
construction process when, pursuant to SRS 347.330 the improvement would have gone
on the tax rolls in the absence of the exemption, The exemption shall not include the land,
nor any improvements located thereon that are not a part of the multiple-unit housing and
shall be in addition to any other exemptian provided by law.
~6} Any exemption granted by the council shall terminate immediately,
Ordinance - 3
without right of notice or appeal, in the event the county assessor determines that a
change of use #o other than residential or housing has occurred for the multiple-use
housing, or portion thereof, or a declaration as defined in QRS 100.00512} is presented
to the county assessor or tax collector for approval in connection therewith. Termination
shall be in accordance with the provisions of QRS 301.615.
Section 2. Resolution No. 4328 and the Standards and Guidelines adopted therein
are hereby repealed as of the effective date of this Qrdinance.
Section 3. Qrdinance No. 20045 suspending the processing of applications for
multiple-unit property tax exemption is hereby continued.
Section 4. The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or
in other provisions of the Eugene Code, 19?1, to the provisions added, amended or
repealed herein.
Section 5. No application may be filed pursuant to Section 2.9452} of the Eugene
Code, 19?1 until the City Manager has issued administrative rules adopting the Standards
and Guidelines to be utilized in considering applications and making the recommendations
provided for herein.
Passed by the City Council this
2nd day of December, 1996
~."`
City Re rder
Approved by the Mayor this
2nd day of December, 1996
.rr.. ~ ..~.....,.
Mayor
ordinance - 4