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
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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
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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.
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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 $92,000 on the
housing portion in year 11.
The submitted application indicates that the MUPTE is vital to the development and if it is denied the
property will be sold for another purpose.
Financial Analysis
Both staff and the members of the City’s Loan Advisory Committee have reviewed the financial
analysis for this proposal and have determined that the MUPTE request is necessary for this project to
proceed as planned.
The Pro-Forma for Midtown Terrace (below) shows two key reasons that the project would not be built
without MUPTE. First, the debt coverage ratio (Net Operating Income (NOI) divided by debt service) is
1.15, below the amount needed to qualify for conventional financing. (The common bank preference is
for 1.25 or higher.) Second, the perceived risk is high demonstrated by the Cash on Cash return (Cash
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Flow divided by the equity that is invested by the developer) well below the market-expected 10% to
15% level. The Cash on Cash only reaches 4% by year ten.
The Pro-Forma below shows that the project improves with the MUPTE. The debt service coverage is
1.36. The Cash on Cash return reaches 8% by year ten, only slightly below the market expectation.
Sources
Total Cost
EQ$ 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.)
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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.
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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
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ATTACHMENT A
RESOLUTION NO. _______
A RESOLUTION APPROVING A MULTIPLE-UNIT PROPERTY TAX
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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:
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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.
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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
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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.
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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
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ATTACHMENT B – Resolution to Deny
RESOLUTION NO. _______
A RESOLUTION DENYING A MULTIPLE-UNIT PROPERTY TAX
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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:
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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
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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.
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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
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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:
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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
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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.
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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.
Dated this _____ day of ________________________, 2010.
____________________________________
Executive Director,
Planning & Development Department
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Proposed Development
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