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HomeMy WebLinkAboutItem 6: MUPTE for "The Danville" at 740 East 13th Avenue - p 1-15 ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Adoption of a Resolution Approving a Multiple-Unit Property Tax th Exemption for Residential Property Located at 740 East 13 Avenue (First LEED, LLC) Meeting Date: February 8, 2010 Agenda Item Number: 6 Department: Planning and Development Staff Contact: Richie Weinman www.eugene-or.gov Contact Telephone Number: 541-682-5533 ISSUE STATEMENT The City Council is asked to approve or deny a Multiple-Unit Property Tax Exemption (MUPTE) for th First LEED LLC (The Danville) located at 740 East 13 Avenue. BACKGROUND In 1975, the Oregon legislature adopted the enabling statutes for the MUPTE and Transit Oriented District Tax Exemption program. Since that time both the state statutes and Eugene’s implementation ordinance have been amended. The City Council amended Eugene’s code provisions and boundary in November 2008. To assist both staff and the City Council in evaluating a MUPTE application, those code amendments included (a) adoption of approval criteria and (b) a direction to the City Manager to adopt a public benefit scoring system (discussed below). This proposed 35-unit project is on a site that is zoned C-2. There is currently a building on the site that was most recently owned and used by PeaceHealth as their billing office. The site is 10,720 square feet, or less than ¼ acre. This building is not a city landmark nor on the National Historic Register. Public Comments A display advertisement was published in The Register-Guard on November 28, 2009, soliciting comments for 30 days. The period ended on December 29, 2009. Written comments were received from the West University Neighborhood and the University Small Business Association (Attachment D). Public Benefits As noted above, the City Council adopted criteria for review of MUPTE applications, including a requirement to consider the public benefits to be provided by the development. The council directed the City Manager to adopt a public benefit scoring system, which the City Manager did as part of the Standards and Guidelines. As part of that administrative process, the City Manager determined that unless a proposed development received at least one hundred points, the City Manager would recommend that the council deny a MUPTE application. Z:\CMO\2010 Council Agendas\M100208\S1002086.doc After reviewing this MUPTE application against the public benefit scoring criteria in the Standards and Guidelines, staff determined that the proposed development earned 150 points. Points were awarded through the following benefits: Density – Exceeding the minimum: 50 points earned for units over the minimum density (there is no minimum at this location). The criteria allows 10 points for each unit in excess of minimum, with 50 maximum points. Green Building- LEED: 100 points are earned for a LEED-certified building. It is projected to be LEED Gold or Platinum. The proposed development also will also provide 30 parking spaces in excess of what is currently required. Since the property is not located in the Residential Parking Program area no points are awarded for providing parking. The applicant initially intended to provide four low-income housing units as part of the development. Recently, the applicant determined that due to the current lending environment and the additional expenses associated with a LEED building, he could not guarantee rents affordable to tenants at 60% of median income. The applicant also has expressed an interest in converting some or all of the housing to ownership in the future and is designing the building accordingly. However, the timing is not satisfactory to award points for this purpose. Impact and Need Tax Exemptions to Encourage Housing: The City and other local taxing districts forgo revenue when property is exempted from taxes. This project proposes new construction on a property that has been historically owned by tax-exempt institutions. It was owned by the Lane Memorial Blood Bank and then Sacred Heart Hospital. Therefore, no taxes have been collected at this site for an extended period. This project will immediately generate property taxes on the land and on the ground floor commercial space. After ten years the entire development will be taxable, generating an estimated $92,000 on the housing portion in year 11. The submitted application indicates that the MUPTE is vital to the development and if it is denied the property will be sold for another purpose. Financial Analysis Both staff and the members of the City’s Loan Advisory Committee have reviewed the financial analysis for this proposal and have determined that the MUPTE request is necessary for this project to proceed as planned. The Pro-Forma for Midtown Terrace (below) shows two key reasons that the project would not be built without MUPTE. First, the debt coverage ratio (Net Operating Income (NOI) divided by debt service) is 1.15, below the amount needed to qualify for conventional financing. (The common bank preference is for 1.25 or higher.) Second, the perceived risk is high demonstrated by the Cash on Cash return (Cash Z:\CMO\2010 Council Agendas\M100208\S1002086.doc Flow divided by the equity that is invested by the developer) well below the market-expected 10% to 15% level. The Cash on Cash only reaches 4% by year ten. The Pro-Forma below shows that the project improves with the MUPTE. The debt service coverage is 1.36. The Cash on Cash return reaches 8% by year ten, only slightly below the market expectation. Sources Total Cost EQ$ 2,198,00034% Conventional Debt$ 4,202,00066% Total project$ 6,400,000 Pro-Forma The pro-forma uses conservative assumptions about property value growth and market assumptions about vacancy and operating expenses. The model assumes that assessed property values increase by 2% per year. The vacancy rate is assumed at 5% of rental income and operating expenses are estimated at 25% of rental income, both standard assumptions in financial underwriting. The above listed financial information is based on projections prior to financing, tenanting, and construction. The cap rate was estimated at 6.75%. (The capitalization rate is the ratio between the net operating income produced by an asset and its capital cost - the original price to buy the asset - or alternatively its current market value. Conversations with local appraisers suggest a cap rate of 6.75% on this type of property as appropriate.) Z:\CMO\2010 Council Agendas\M100208\S1002086.doc Public Comments (Three comments are provided in Attachment D) The West University Neighborhood Association met with the applicant and endorsed the proposal contingent on particular conditions, including the number of provided parking spaces. The applicant’s plan does not provide the amount of parking consistent with the West University Neighborhood Association’s letter. The University Small Business Association wrote a letter of support. The applicant submitted a letter explaining amendments to the original application and explaining the circumstances that prevent guaranteeing the number of parking spaces requested by the West University Neighborhood Association. Timing This application was submitted on November 20, 2009. The City Manager has 90 days to make a recommendation on the application to the council. If the council hasn’t acted in 180 days, the application is deemed approved. The 90-day recommendation period expires on February 18, 2010 RELATED CITY POLICIES MUPTE is enabled by state statute. The City of Eugene has participated in the MUPTE program since 1978. Encouraging housing in the core area is consistent with numerous adopted planning and policy documents. Examples include: Growth Management Policies Policy 1 Support the existing Eugene Urban Growth Boundary by taking actions to increase density and use on existing vacant land and under-used land within the boundary more efficiently. Policy 2 Encourage in-fill, mixed-use, redevelopment, and higher density development. Z:\CMO\2010 Council Agendas\M100208\S1002086.doc Policy 3 Encourage a mix of business and residential uses downtown using incentives and zoning. West University Refinement Plan V.9 The City will encourage residential uses in all parts of the plan area. V.11 The City and the neighborhood shall study ways to encourage a variety or mix of structure types providing both owner and rental opportunities and appealing to a diverse population. COUNCIL OPTIONS The council may approve the exemption, deny the exemption, or may delay approval in order to request additional information from the developer. CITY MANAGER’S RECOMMENDATION The City Manager recommends approving the exemption based on a demonstration of need and that the applicant scored 150 public benefit points, which exceeds the 100 point threshold for support. SUGGESTED MOTION Move to adopt the resolution in Attachment A, approving the tax exemption. ATTACHMENTS A. Resolution approving a property tax exemption for First LEED B. Resolution denying a property tax exemption for First LEED C. Report from the Planning and Development Director D. Comments submitted by West University Neighborhood Association, USBA and applicant E. Images of the current property and proposed development A copy of the MUPTE application for First LEED will be placed in the council office for review. FOR MORE INFORMATION Staff Contact: Richie Weinman Telephone: 682-5533 Staff E-Mail: richie.d.weinman@ci.eugene.or.us Z:\CMO\2010 Council Agendas\M100208\S1002086.doc ATTACHMENT A RESOLUTION NO. _______ A RESOLUTION APPROVING A MULTIPLE-UNIT PROPERTY TAX TH EXEMPTION FOR RESIDENTIAL PROPERTY LOCATED AT 740 EAST 13 AVENUE, EUGENE, OREGON (FIRST LEED, LLC/APPLICANT). The City Council of the City of Eugene finds that: th A. First LEED LLC is the owner of real property located at 740 East 13 Avenue, Eugene, Oregon, more particularly described in Exhibit A attached to this Resolution. First LEED 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 30 two-bedroom units and five three-bedroom units, for a total of 35 residential units. The area on the first floor of the project dedicated to commercial use is not subject to the tax exemption. C. The project is located within the boundaries of the core area as described in subsection (2)(a) 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. 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 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. Z:\CMO\2010 Council Agendas\M100208\S1002086.doc K. Granting the application is in the public interest. In making this determination, the City Council has considered the number of points awarded to the project 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 First LEED LLC for an ad valorem property tax exemption under the City’s Multiple-Unit Property Tax Exemption Program for th the residential units to be constructed at 740 East 13 Avenue, Eugene, Oregon, and more particularly described in Exhibit A, subject to the following conditions: 1. The project shall consist of development of 30 two-bedroom units and five three- bedroom units, for a total of 35 residential units. 2. The project shall be completed on or before January 1, 2012. 3. No later than 18 months after receiving Certificate of Occupancy, the applicant shall submit to the City’s Planning and Development Department documentation of Leadership in Energy & Environmental Design (LEED) certification (copy of U.S. Green Building Council Rating Certificate and final LEED review). 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. 5. For the duration of the tax exemption, the project shall include 10 on-site parking spaces and 20 off-site parking spaces. Section 2. The residential units to be constructed upon the property described in Section 1 above (approximately 95% of the building) 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. Z:\CMO\2010 Council Agendas\M100208\S1002086.doc 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 ____ day of February, 2010. _______________________ ______ AIC City Recorder Z:\CMO\2010 Council Agendas\M100208\S1002086.doc ATTACHMENT B – Resolution to Deny RESOLUTION NO. _______ A RESOLUTION DENYING A MULTIPLE-UNIT PROPERTY TAX TH EXEMPTION FOR RESIDENTIAL PROPERTY LOCATED AT 740 EAST 13 AVENUE, EUGENE, OREGON (FIRST LEED LLC/APPLICANT). The City Council of the City of Eugene finds that: th A. First LEED LLC is the owner of real property located at 740 East 13 Avenue, Eugene, Oregon, more particularly described in Exhibit A attached to this Resolution. First LEED 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 30 two-bedroom units and five three-bedroom units, for a total of 35 residential units. The area on the first floor of the project dedicated to commercial use is not subject to the tax exemption. C. The project is located within the boundaries of the core area as described in subsection (2)(a) of Section 2.945 of the Eugene Code, 1971. D. The Report and Recommendation of Executive Director of the Planning and Development Department attached as Exhibit B to this Resolution 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. E. Notwithstanding the Director’s recommendation to approve the application, the City Council has determined that granting the application is not in the public interest. 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. Having considered the above findings and the Report and Recommendation of the Executive Director of the Planning and Development Department attached as Exhibit B, the City Council finds that it would not be in the public interest to grant the application of First LEED LLC for an ad valorem property tax exemption under the City’s Multiple-Unit Property Tax Exemption Program th for the residential units to be constructed at 740 East 13 Avenue, Eugene, Oregon. Therefore, the application is denied. Section 2. The City Manager, or the Manager’s designee, is requested to forward a copy of this Resolution to the applicant within ten days. Z:\CMO\2010 Council Agendas\M100208\S1002086.doc Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution adopted and effective the ____ day of February, 2010. _______________________ ______ AIC City Recorder Z:\CMO\2010 Council Agendas\M100208\S1002086.doc ATTACHMENT C – Report and Recommendation from Planning and Development Director REPORT AND RECOMMENDATION of the Executive Director of the Planning & Development Department First LEED LLC Application for Multiple-Unit Property Tax Exemption The Executive Director of the Planning & Development Department of the City of Eugene Finds that: th 1. First LEED LLC is the owner of real property located at 740 East 13 Avenue, Eugene, Oregon (Assessor’s map 17-03-32-31; Tax Lot 6300). First LEED 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. 2. As the City Manager’s designee, I have reviewed the application and find that: 2.1 The project will provide 30 two-bedroom units and five three-bedroom units, for a total of 35 residential units. The area on the first floor of the project dedicated to commercial use is not subject to the tax exemption. 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)(a) of Section 2.945 of the Eugene Code, 1971. 2.4 The applicant has submitted all materials, documents and fees required by the City as set forth in Section 2.945 of the Eugene Code, 1971, and the Standards and Guidelines for Multiple-Unit Housing Property Tax Exemptions adopted by Administrative Order No. 53-09-01-F. 2.5 The applicant has responded to the public benefit criteria as follows: 2.5.1 Public Benefits: ·Density. The project is being built in the C-2 zone. The C-2 zone does not require housing. Therefore, all 35 residential units being provided will be in excess of density requirements. ·Green Building Features. The applicant plans to attain LEED certification and has submitted the LEED Registration Number, Project Checklist which Z:\CMO\2010 Council Agendas\M100208\S1002086.doc demonstrated an award of at least five points more than the minimum needed for certification, and a narrative describing the project’s green elements. ·Mixed Income. The Danville will not include housing dedicated to controlled income. ·Homeownership. No units are designated for home ownership, however, the project is being constructed to quality standards that meet market expectations for condominiums and there is a possibility that condominium conversions will be undertaken at some point after completion of the project. ·Accessibility. All of the residential units will be ADA adaptable. None of the units will be ADA accessible. ·Historic Sensitivity. The project is not immediately adjacent or contiguous to a historic structure. ·Location. The project is not located in the Downtown Plan Area. ·Parking. The project is not in a Residential Parking Permit Zone, however, 10 on-site parking spaces and 20 off-site parking spaces will be provided. In addition, the applicant plans to contract with WeCar to provide a car sharing service to the residents of the building. 2.5.2 Longevity of Public Benefits. All of the public benefits listed above will extend beyond the period of the tax exemption. 2.5.3 Points Awarded. The applicant has been awarded 150 public benefit points. 2.6 The applicant has demonstrated that the project as proposed could not be built but for the benefit of the tax exemption. City staff and a City loan advisory committee have reviewed the pro- forma and have recommended approval of this application. 2.7 Presentations concerning the Danville project were given to the West University Neighborhood (WUN) Association at their October 8, 2009 and November 5, 2009 meetings. The Association has submitted a letter indicating that they would support the project under the following conditions: (1) At least 35 parking spaces are provided; (2) That the Danville be no taller than the Oregon Arts Supply store directly to the west; (3) That the Danville have on-site management; and (4) That the building qualify for at least Earth Advantage certification. Given that the number of parking spaces (initially represented to the WUN to be 35) has decreased to 30, it is inferred from WUN’s letter that they would not support this project. 3. A display ad soliciting recommendations or comments from the public regarding this project was published in the Register-Guard on November 29, 2009. The period for comment expired on December 29, 2009. One comment was received in response to the ad. The comment was submitted by University Small Business Association which indicated its support of the project. Z:\CMO\2010 Council Agendas\M100208\S1002086.doc 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. 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