HomeMy WebLinkAboutResolution No. 4978COUNCIL RESOLUTION NO. 4978
A RESOLUTION APPROVING A MULTIPLE —UNIT
PROPERTY TAX EXEMPTION FOR RESIDENTIAL
PROPERTY LOCATED AT 362 EAST 12' AVENUE.
s
EUGENE, OREGON (MIDTOWN TERRACE. LLC,
APPLICANT).
PASSED: 6:2
REJECTED:
OPPOSED:
Taylor, Zele'nka
ABSENT:
CONSIDERED: May 26, 2009
RESOLUTION NO. 4978
A RESOLUTION APPROVING A MULTIPLE -UNIT PROPERTY TAX
EXEMPTION FOR RESIDENTIAL PROPERTY LOCATED AT 362 EAST
12 AVENUE, EUGENE, OREGON (MIDTOWN TERRACE LLC,
APPLICANT ),
The City Council of the City of Eugene finds that:
A. Midtown Terrace, LLC is the owner of real property located at 362 East 12
Avenue, Eugene, Oregon, more particularly described in Exhibit A attached to this Resolution.
Midtown Terrace LLC 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 to be constructed on the property.
B. The proj ect consists of the development of seven one - bedroom units, four two -
bedroom units, and 13 three - bedroom units, for a total of 24 residential units.
C. The project is located within the boundaries of the core area as described in
subsection (2) of Section 2.945 of the Eugene Code, 1971.
D, The project could not financially be built "but for" the tax exemption.
E. The applicant solicited comments from city - recognized affected neighborhood
associations.
F. The requirements in the Standards and Guidelines for Multiple -Unit Housing
Property Tax Exemptions adopted by Administrative Order No. 53-09-01-F related to proximity
to historic resources have been satisfied.
G. The applicant has complied with the provisions of the Standards and Guidelines
as described in the Report and Recommendation attached as Exhibit B to this Resolution which
was prepared by the Executive Director of the Planning and Development Department ( "the
Director") as designee of the City Manager.
I3. The project will be completed on or before January 1, 2012, and the owner has
agreed to include in the construction one or more public benefits.
I. The proposed project will be at the time of completion, 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, that are applicable at the time the
application is approved.
J. The project is not designed for, and will not be used as transient accommodations.
Resolution — Page 1 of 3
K. Granting the application is in the public interest. In making this determination,
the City Council has considered the number of points awarded based on the public benefit
scoring system contained in the Standards and Guidelines.
L. The Report and Recommendation attached as Exhibit B recommends that the
application be approved and the exemption granted. In making that recommendation, the
Director found that the applicant submitted all required materials, documents and fees as set
forth in Section 2.945 of the Eugene Code, 1971, and the Standards and Guidelines, and the
applicant is in compliance with the policies contained therein.
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 the application of
Midtown Terrace LLC 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 352 East 12
Avenue, Eugene, Oregon, and more particularly described in Exhibit A, subject to the following
conditions
11 The project shall consist of development of seven one - bedroom units, four
two - bedroom units, and 13 three - bedroom units, for a total of 24
residential 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 2.5 of
the Report and Recommendation attached as Exhibit B.
4. No later than 18 months after receiving Certificate of occupancy, the
applicant shall submit to the City's Planning and Development
Department documentation of Earth Advantage Silver certification.
5. 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
Resolution — Page 2 of 3
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, 2010.
Section 4 , This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted and effective the Zf th day of May, 2009.
Deput Cit Ree
Resolution — Page 3 of 3
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• . • City Council Agenda page 74
Attachment B
REPORT' AND RECOMMENDATION -
of the -
Executive Director of the Planning & Development Department
Midtown Terrace EEC Application for
Multiple -Unit Property Tax Exemption
The Director of the Planning & Development Department of the City of Eugene finds tha t:
p � ene f
g
11 Midtown Terrace, LLC is the owner of real property located at 362 East 12th Avenue,
Eugene, Oregon., and more particularly described in Attachment A to this Report and Recommendation.
Midtown Terrace, LLC has - submitted an application pursuant to the City's Multiple -Unit Rental
Housing Property Tax Exemption Program (Section 2.945 and 2.947 of the Eugene Code, 1971 ) with
respect to the residential ur*ts to be constructed on the real property.
2. As the City Manager's designee, I have reviewed the application and find that: '
2.1 The project will provide 24 units of multiple -unit housing.
2.2 Construction is expected to be complete on or before January 1, 2012.
2.3 The project is located in the core area described in subsection (2) of Section 2.945.
of the Eugene Code, 1971.
2.4 The applicant has submitted all materials, documents and fees. re aired b the
q y
City as set forth in Section 2.945. of the Eugene Codes 1971, and the Standards _
and Guidelines for Multiple - Unit Housing Property Tax Exemptions adopted b
Adrnimstrative Order No. 53- 09 -o1 -P.
2.5. The applicant responded to the public benefit criteria as follows:
2.5.1 Public Benefits
.
*Dens i The project will include nineteen. units in excess of the
minimum required density.
* . Green Building Features Applicant plans to attain Earth Advantage
Silver Certification. ' EWEB has. advised that "If all the agreed upon
on ' P
requirements and specifications are completed and pass site inspections,
the project will be certified as Earth Advantage." (Applicant must submit
to . the City's Planning and Development Department documentation of
Earth Advantage Silver certification no later than 18 months after .
receiving Certificate of Occupancy.).
* Mixed Income None of the housing units will be dedicated to controlled
income and affordable rental housing.-
. - * Homeownershiu . None of the housing units will .,be dedicated to
homeownership.
* . The project will include one unit that is AIWA accessible.
.
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•PIi stork Sens" The proj ect , does not include preservation and
enhancement of an existing historic locale.
* Location . The project is not in the Dowhtown - Plan Area.
Parkin . The project. will provide three parldng spaces beyond what is
required by the Code.
*other. The project will include 25 secured bicycle storage facilities
(more than one per unit). .
eLon evi of Public Benefits. All public benefits included in the project
will extend beyond the period of the tax exemption.
_ * Points Awarded Based on the Standards and Guidelines' Public Benefit
.scoring system, this project has been aw' arded 115 public benefit points,
2.5.2. A two- tenant commercial office building (approximately 3,.000 sq. ft.) and
a one bedroom house will be demolished to allow for the construction of
the 24 --unit structure. .
2.5.3 The applicant has demonstrated that the project would not be built without
the benefit of the tax exemption.
2.5.4 The applicant solicited comments from the west University Neighborhood
Association and, by letter dated August 3, 200$ wUN supported
the use of MUPTE funding for the project on the ' conditions that the
design features presented remain in the project and that the "general"
criteria are used to evaluate the. project's site review application,
2,5.5 The project will not be used as transient accommodations.
30 A display ad soliciting recommendations or comments from the public regarding this
project was published in the Register- -Guard on March 3 0, 2009. The period for comment expired on
April 29, 2009. No .comments were received in response to the ad.
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, and I recommend that the application be approved.
Bated this d ay of May, 2009,
Ah NA
t xecu �v� pk4r
D irecto l ir,
Planning & Development Department
00226227.voc