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HomeMy WebLinkAboutResolution No. 4961 .c:::~=- COUNCIL RESOLUTION NO. 4961 A RESOLUTION APPROVING A MULTIPLE- UNIT PROPERTY TAX EXEMPTION FOR RESIDENTIAL PROPERTY LOCATED AT 435 EAST 15TH AVENUE, EUGENE, OREGON. (NEWMAN FAMILY LIMITED PARTNERSHIP/ APPLICANT-OWNER) PASSED: 5:3 REJECTED: OPPOSED: Brown, Taylor, Zelenka ABSENT: RECUSED: CONSIDERED: January 12, 2009 RESOLUTION NO. 4961 A RESOLUTION APPROVING A MULTIPLE-UNIT PROPERTY TAX EXEMPTION FOR RESIDENTIAL PROPERTY LOCATED AT 435 EAST 15TH AVENUE, EUGENE, OREGON. (NEWMAN FAMILY LIMITED PARTNERSHIP/APPLICANT -OWNER) The City Council of the City of Eugene finds that: A. Newman Family Limited Partnership is the owner of real property located at 435 East 15th Avenue in Eugene, Oregon, more particularly described in the legal description attached as Exhibit A ("the property"), and 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 E. 15th Townhouses ("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 October 20, 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 Executive 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 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 Executive Director of the Planning and Development Department attached as Exhibit B, the City Council approves Newman Family Limited Partnership'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 435 Resolution - Page 1 of 2 4961 OK E 15th Townhs-Newman MUPTE Approval Resolution (00217069).DOC East 15th Avenue, Eugene, Oregon, and more particularly described in the legal description attached as Exhibit A, subject to the following conditions: 1. The project shall consist of six 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 12th day of January, 2009. i V/ct .-~ City R~der Resolution - Page 2 of 2 4961 OK E 15th Townhs-Newman MUPTE Approval Resolution (00217069).DOC Exhibit A Legal Description Beginning at the Southeast corner of Lot 7, Block 7, SCOTT'S ADDITION to F;ugene, City, a~ pl.atted and recorded in Book II~", Page 602, Lane County Oregon Deed Records; thence North along the East boundary of Lot 7, Block 7 t'o' ~ point 80.0 feet:' South of the Northeas't' corner of Lot 7" B~ock 7; thence West 50.0 feet'to a point; thence South 20.0'feet to a point; thence-West to a point on the West'boun~ary of Lot 7, Block 7; thence So~th along the West poundary of ,Lot i, ,Block 7 to the Southwest-corrter of Lot 7, Block 7 j thence East: 'to ,the point of beginning in Lane County, , Oregon. I I. f:,. I REPORT AND RECOMMENDATION of the Executive Director of the Planning & Development Department Newman Family Limited Partnership Application for Multiple-Unit Property Tax Exemption The Executive Director of the Planning & Development Department of the City of Eugene finds that: 1. Newman Family Limited Partnership is the owner of real property located at 435 East 15th Avenue in Eugene, Oregon, more particularly described in the legal description attached as Exhibit A to the Resolution approving this tax exemption ("the property"), and 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 E. 15th Townhouses ("the project") 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 proj ect, which consist of: 2.2.1 Sustainability features. -Reasonable effort will be made to relocate the house currently on the site as requested by the previous owner. If that is not possible, the building materials from demolition of the house will be recycled by BRING, EcoSort or other recycling company. In addition, job site waste will be recycled to the greatest extent possible. -Project maximizes infill density to extent allowed. -Project is located in close proximity to downtown, the university, bike paths and mass transit systems minimizing the dependence on automobiles for transportation. -Native species and drought resistant plants will be used in the landscaping, and topsoil will be preserved and reused where practicable. - Windows are provided in each primary living space and oriented on the east and west to provide for natural light and ventilation. Energy efficient windows, insulation and construction techniques will be used. Windows and doors will be pan flashed at water entry points. REPORT AND RECOMMENDATION / Exhibit B to Resolution No. 4961 15th Townhs-Newman MUPTE R R - Ex B (00217071).DOC Page 1 of 4 -Light colored "cool" asphalt roofing products with a 40-year life will be installed. -Siding will be composite or fiber cement style material (hardi-plank or similar). - Individually controlled zone heat sources for each room will allow for room-by-room control. -Engineered lumber is specified where practical, including floor joists and the majority of structural beams. -Oriented strand board sub-flooring and sheathing will be used; thermal mass (2 12 inch concrete) flooring specified. - Exterior air infiltration barrier will be used. - Energy efficient appliances and water heater will be installed. -Possible use of photo-voltaic cells on the south facing roof structure. -Stormwater will be filtered and pretreated prior to entering the public stormwater system. - Water efficient plumbing fixtures will be used. -Bathroom fans will be installed with timers. -Outdoor lights will be "night sky" friendly minimizing light pollution. -Low VOC paints and carpets will be specified. - Recycling space will be provided for tenant use. -Covered parking area will be open on one side for ventilation; entry ways into the structure are located on opposite side of building to reduce infiltration. 2.2.2 Responsiveness to adiacent historic structures. There are no adj acent historic structures. 2.2.3 Use of higher quality materials that contribute to longevity. As mentioned in section 2.2.1 above, the project proposes to include: -Light colored "cool" asphalt roofing products with a 40-year life; -Composite or fiber cement style material (hardi-plank or similar) siding; -Engineered lumber specified where practical, including floor joists and the majority of structural beams; -Oriented strand board sub-flooring and sheathing; thermal mass (2 Yz inch concrete) flooring specified. 2.2.4 Prominent entry facing the public street. The project's prominent entry faces 15th Avenue. 2.2.5 Number of units by which minimum density is exceeded or which incorporate three or more bedrooms to encourage families. The project includes six two-bedroom units and is zoned to allow for a minimum density of two units and a maximum density of seven units. Thus, the project will exceed minimum density by four units. 2.2.6 Number of available ADA accessible units. The matter of ADA accessible units was not addressed in the application. REPORT AND RECOMMENDATION / Exhibit B to Resolution No. 4961 15th Townhs-Newman MUPTE R R - Ex B (00217071).DOC Page 2 of 4 2.2.7 Responsiveness to neighborhood character and safety in respect to height. mass. architectural detail. landscaping and open space. -The project will include eight parking spaces for the 12-bedroom complex which exceeds the minimum required by the city code as well as the West University Neighborhood Association desired bedroom/parking ratio. The parking is shielded from public view. -The project includes open porches and balconies to allow for the tenants to interact among themselves and with the community. Each space is provided with outdoor gathering space directly adjacent to the street. - Front porches, with their proximity to street and sidewalks, provide social gathering spaces, interaction with neighbors, and lessen the likelihood of vandalism. -Trees, shrubs and lawn area will be provided and professionally maintained. Existing street trees will be retained and protected through construction. -This 2 3~ story project has been designed to balance the needs of the neighborhood with respect to scale and architectural character. The porches, rail details, stone columns and trim details will make this project a model for future redevelopment. -The project will help accommodate increased student population. 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 West University Neighbors and received the Association's unanimous support, with inclusion of certain safety features related to parking and access to the rear side of the building. 2.3 The project will be 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 includes a single family dwelling that is over 50 years old. However, the house is not on the list of historic structures. 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 October 20, 2008. The period for comment expired on November 21,2008. No comments were received in response to the ad. REPORT AND RECOMMENDATION / Exhibit B to Resolution No. 4961 15th Townhs-Newman MUPTE R R - Ex B (00217071).DOC Page 3 of 4 Therefore, based upon the above findings, the project is or will be, at the time of completion, 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 January, 2009. Executive Director, Planning & Development Department, City of Eugene REPORT AND RECOMMENDATION / Exhibit B to Resolution No. 4961 15th Townhs-Newman MUPTE R R - Ex B (00217071 ).DOC Page 4 of 4