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HomeMy WebLinkAboutResolution No. 4990 COUNCIL RESOLUTION NO. 4990 A RESOLUTION APPROVING A MULTIPLE-UNIT PROPERTY TAX EXEMPTION FOR RESIDENTIAL PROPERTY LOCATED AT 1367 HIGH STREET, EUGENE, OREGON (PEARL ON CAMPUS LLC/APPLICANT). PASSED: 4/3 REJECTED: OPPOSED: Brown, Ortiz, Zelenka ABSENT: Taylor CONSIDERED: November 9, 2009 RESOLUTION NO. 4990 A RESOLUTION APPROVING A MULTIPLE-UNIT PROPERTY TAX EXEMPTION FOR RESIDENTIAL PROPERTY LOCATED AT 1367 HIGH STREET, EUGENE, OREGON (PEARL ON CAMPUS LLC/APPLICANT). The City Council of the City of Eugene finds that: A. Pearl on Campus LLC is the owner of real property located at 1367 High Street, Eugene, Oregon, more particularly described in Exhibit A attached to this Resolution. Pearl on Campus 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 project consists of the development of two two-bedroom units, four three- bedroom units, and two four-bedroom units, for a total of eight residential units, which are not designed for, nor will be used as, transient accommodations. 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 prepared by the Executive Director of the Planning and Development Department (“the Director”) as designee of the City Manager. H. 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 is, or 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. K. The Report and Recommendation attached as Exhibit B recommends that the application be denied. 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 but did not score 100 public benefit points based on the adopted criteria. L. Notwithstanding the recommendation of the Director to deny the application, the City Council has determined that 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. 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 Pearl on Campus 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 1367 High Street, Eugene, Oregon, and more particularly described in Exhibit A, subject to the following conditions: 1. The project shall consist of development of two two-bedroom units, four three-bedroom units, and two four-bedroom units, for a total of eight 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 and 2.6 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. 6. The project shall not be used as transient accommodations. 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. Attachment A, Exhibit A Legal Property Description L:\CMO\2009 Council Agendas\M091109\S0911093-and att'sABCFG.doc