HomeMy WebLinkAboutOrdinance No. 18962ORDINANCE
AN ORDINANCE CONCERNING HOUSING DEVELOP~SENT
PROJECTS; ADDING SECTIONS 2,1142, 2.1105,
2,1114, 2,1115, 2,1120, 2,1125, 2,1130 AND
2,1135 TO THE EUGENE CODE, 1971; AND
DECLARING AN EMERGENCY
THE CITY of EUGENE DOES ORDAIN AS FOLLOWS:
Section 1, The following sections are hereb added to
y the
Eugene Code, 1971, to read and provide:
2.1142 Housin Develo ment Pro'ects - Pur ose
The pur-
pose of sections 2.1102 to 2,1135 of this code is
to provide necessary procedures and standards to Carr o
the powers ranted to the y ut
g city by ORS 250,410 to 280.455.
ORS 280.410 to 280.4$5 authorize the city to issue revenu
bonds to finance or refinance certain h e
ousa.ng projects and to
maker purchase, service and sell mortga a loans issued '
connection with c g in
ertain housing projects and sections 2,1102
to 2.1135 of this code are to be liberally construed in a
to cart out this ur rder
Y p pose,
2.1105 Housin Develo meat Pro'ects - Definitions
where the context ~ Except
otherwise requires the defini-
tions given in this section govern the construction
t ions 2.1142 to 2 of sec~-
.1135 of this code,
~a} Pro~e~t means any residential hausin
development on land within ~ ~ g
the corporate limits of
the city,
fib} Eli ible prod ect means a project found b
the ca.ty to meet the standards y
adopted pursuant to
2.1102 to 2.1135 of this code,
~c} Colt includes, but is not limited to the
definition of cost at ORS 250, 410 ~4~ and other
charges and expenses which qualify for a ment out
of the roceeds of p y
p bonds issued under sections
2,1142 to 2.1135 of this code,
~dy Committee means the joint housin
committee established g
under section 2.250 of this
code,
4e~ Dir__ector means the director of the
department of housing and community conservation
18962
2.1110 Hausin Develo ment Pro'ects - A locations.
~l} The committee shall be responsible for the
receipt of applications and the review and rocessin
thereof. The cam P g
mittee shall make recommendations to the
council.
~2} Applications shall be in a form established b
the committee and shall include in y
- addition to other infor-
mation deemed necessary by the committee, the followin
~a} The a li n g
pp ca t s name, address and
telephone number;
fib} The form of applicant's business and the
names of the applicant's officers and principal
owners;
~c} A description of the applicant's histor
and relevant ast erforman ~ y
P p ce, including a lest of
similar projects undertaken by the applicant;
~d} A legal description and address of the
property upon which the project is to be located;
fie} A detailed description of the project
including the following: The number, size and t e
of dwellin units• dimen yP
g scans of improvements; par-
cel size, amount of real property covered with
buildings and amount of open space; existin
zonin ~ t e of cons g
g- YP truction; public and private
access; parking and circulation plans; water, sewer
and other utility plans; landscaping; expected
uses; land uses on adjacent properties; character
of the neighborhood; and preliminary economic
feasibility studies and market information
including proposed rent or sale schedules or
cooperative share prices;
~f} A description of the existing use of the
property, including any proposal to preserve
existing sound residential structures an the devel-
opment site;
fig} A proposed relocation plan for any per-
sons or businesses who would be displaced from
existing improvements;
~h} A site plan of the project including the
fallowing: streets; driveways; sidewalks;
pedestrian ways; off-street parking; loadin areas•
locations and dimen g '
slon of structures; use of the
land and structures; major landscaping features•
design of the structure; and existing and ro osed
utilit easements ~ ~ P p~
Y and placements including sanitary
sewers, storm sewers, water, electric, gas and
telephone lines;
~i} Any other information deemed important b
the applicant or necessar y
y to fully inform the
committee;
~j} The estimated cost of the project; and
_2_
X8962
~k} The estimated amount of bonds to be
issued and an estimated allocation of the roceed
to costs, p s
~3} An application shall be accompanied b a fee
equal to one--twentieth of one y
tot percent ~l/20 of l~} of the
al proposed bond amount, with a minimum of $500 and a
maximum of $5,000, to cover the cast of review and r '
of the application, p ocessing
~4} Submission of an application shall constitute a
covenant by the applicant that if the project is a roved as
an eligible pro ect the a pp
~ , ppllcant shall:
~a} Pay all costs incurred by the cit in
review and rocessin y
p g of the application and for
issuance of the bonds, including le al consult'n
accountin reimb g 1 g'
g, ursement for staff time and other
expenses;
fib} Comply with all applicable federal state
and city laws which concern the pro`ect and its
develo meat and ~
P financing; and
4c} Permit the recording of such conditions
covenants and restrictions affecting the pro ert
upon which the ro'ect is p y
p ~ located as are required
by the city to insure that the project is devel-
oped, financed and maintained in compliance with
all requirements and conditions imposed b the cit
in grantin a royal o y y
g pp f the project.
2.1115 Housin Develo ment Pro'ects - Initial Rev'
iew and
Standards.
,~l} Upon receipt of an application, the committee
shall review the application to determine whether th '
is to be recommended to the cou e project
ncil as an eligible project.
The committee shall hold public hearin s and receive
written testimon co ~ g oral and
y ncerning the project. In reaching its
determination, the committee may re wire such addi '
information fr q t~anal
om the applicant as the committee deems
necessary.
~2} After reviewing an application, the committe
shall approve, approve with conditions e
or deny the applica-
tion. In making its determination, the committee
findln s that th shall make
g e project meets the standards described in
paragraph ~l} of section 2.1120 of this code and shall als
consider the factors described in ara o
2.1120 0 p graph ~2} of section
f this code.
2.1124 Housin Develo meat Pro'ects - Eli ibilit
Standards.
41} No project shall be approved as an eli ible
project by the committee or counci g
1 unless each of the
following standards have been met or will be met
dition to final a royal: as a precon~-
pp
-3-
1N962
~a} There exists a need for the housing to be
generated by the project;
fib} The project is economically feasible;
~c} The project may be unable to obtain pri-
vate mortgage financing or may be economically
unfeasible with private mortgage financing;
~d} The project complies with all applicable
federal, state and city laws, including aRS 280,410
to 284.485;
fie} The interest on bonds issued to finance
or refinance the project ar to make, purchase, ser-
vice or sell mortgage loans issued in connection
with the project will be exempt from federal income
taxes under ~1a3 ~a} ~1} of the Internal Revenue Code
of 1954, as amended, or its successor provision; and
~f} The project is consistent with all
adopted city plans and policies, including appl i-
cable zoning and land use regulations,
~Z} In making a determination on an application,
the committee and council shall consider the followin fac-
9
tors,as,guidelines, Deficiencies in one factor may be offset
by significant advantages of the project,
~a} The general benefits and detriments of
the project to the city;
4b} The density of use and potential impact
on the area affected by the project;
~c} The city's ability to supply or support
urban services required by the project and the
effect of the project on the city's ability to
supply or support urban services to other areas;
a ~d} The effect of the issuance of the bonds
anticipated by the project upon the bond credit
rating of the city and the city's housing revenue
bond authority; and
fie} The effect of the project and any pro-
posed relocation plan on persons and businesses who
will be dislocated or adversely affected by the
project,
2.1125 Hausin Develo rnent Pro'ects ~- Timin of Determi-
nations of Eli ibilit ,
~1} within 30 days of receipt of an application
the staff of the committee shall prepare a written recommen-
dation to the committee of approval, approval with con-
ditions, or denial of the application, and the reasons
supporting the recommendation,
~~} within 45 days of receipt of the recommendation
of the staff of the committee, the committee shall b resale--
tion approve a rove with y
pp conditions or deny the application,
-4-
18962
~3} If the committee recommends approval or
approval with conditions of the application, the committee
shall submit its recommendation by resolution to the council.
Upon receipt of the recommendation of the committee and
review of the factors described in section 2.1120 of this
code, the council shall within ~0 days by resolution a rove
approve with conditions o pp '
r deny the application. If the
application is approved or approved with conditions, the
resolution shall direct the committee to futher process the
application.
~4} If the committee dent's an application, the
applicant shall be notified in writing within 10 days of the
determination, The notice shall specify the reasons for
denial. The applicant may appeal the denial by filing a
written notice with the staff of the committee within 14 days
of receipt of the notice of denial. The notice of appeal
shall recite the name of the applicant, date of denial b the
Y
committee and the grounds for appeal. Within 60 days after
filing the notice of appeal, the council shall review the
application and approve, approve with conditions or deny the
application, If the application is approved or approved with
conditions, the resolution shall direct the committee to
further process the application.
2,1130 Housin Develo meat Pro'ects ~- A lication
Processin , Financial Considerations.
tl} Upon receipt of a resolution approving and
directing the further processing of an application, the
director shall consider:
~ a } The bond market for the types of bonds
proposed for issuance;
fib} The terms and conditions of the bonds
proposed for issuance;
~c} Whether the applicant is financially and
otherwise responsible and fully capable and willing
to fulfill its obligations under the project,
ORS 2$0.410 to 280,485 and sections 2.1102 to
2.1135 of this code; and
4d} Such other relevant factors as the direc-
tor considers necessary to protect the financial
integrity of the city and the project,
~2} The director shall review the factors described
in paragraph ~l} of this section. If the director determines
that the proposed bond issue is financially feasible and
meets all applicable requirements, he shall recommend to the
council adoption of a resolution designating an underwriter,
trustee and bond counsel and authorising the execution of
appropriate agreements with each to carry out the project and
issue the bonds.
-5-~
1896 2
2.1135 Housin Develo ment Pro'ects - Bond Issuance. C3 on
recei t of the r ~
p ecommendation of the director and
review of the factors described in section 2.1130 of this
code, the council may by ordinance authorize the issuance of
bonds in an amount equal to the costs of the pro osed ro'--
ects ursuant to p p ~
p oRS 280.410 to 280.485.
Section 2. That the matters contained herein affect the
public welfare and therefore, an emergency is hereb declared to
Y
exist, and this ordinance shall become effective immediatel u on
Y p
its passage by the City Council and approval b the Ma or
Y y .
Passed by the City Council this
_ 1~aY of , 1982
~G~~ e
City Rec rder
Approved by the Mayor this
~Q~day of lgg2
Mayor
-~-