HomeMy WebLinkAboutResolution No. 5034COUNCIL RESOLUTION NO. 5034
A RESOLUTION APPROVING A LOW - INCOME RENTAL
HOUSING PROPERTY TAX EXEMPTION FOR THE
PROPERTY LOCATED AT 3057 WILLAKENZIE ROAD,
EUGENE,. OREGON. (METROPOLITAN AFFORDABLE
HOUSING, CORPORATION/ APPLICANT.)
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
CONSIDERED: June 27, 2011
RESOLUTION NO. 5034
A RESOLUTION APPROVING A Low - INCOME RENTAL HOUSING
PROPERTY TAX EXEMPTION FOR THE PROPERTY LOCATED AT
3057 WILLAKENZIE ROAD, EUGENE, OREGON. (METROPOLITAN
AFFORDABLE HOUSING, CORPORATION/ APPLICANT.)
The City Council of the City of Eugene finds that:
A. Willakenzie Crossing Apartments Limited Partnership is the owner of real
property located at 3057 willakenzie Road, Eugene, Oregon, 97401 (Assessor's Map 17- 03 -21-
22; Tax Lot No. 700; Assessor's Property Account Number 0179851). Metropolitan Affordable
Housing, Corporation (general partner and "the applicant "), located at PO Box 11923, Eugene,
Oregon, 97440 has submitted an application pursuant to Subsection 2.939(2) of the Eugene
Code, 1971, for an exemption from ad valorem taxes under the City's Low - Income Rental
Housing Property Tax Exemption Program (Sections 2.937 to 2.940 of the Eugene Code, 1971).
B. The tax exemption is being sought for the project, which will include 56
residential units and common areas (garden plot, community room, children's play area and bike
storage) that are being constructed on the property and for the parcel of land. Construction is
expected to be completed by July, 2012.
C. The Community Development Manager of the Planning and Development
Department, as designee of the City Manager, has prepared a Report and Recommendation,
which is attached to this Resolution as Exhibit A, recommending that the application be
approved and the exemption granted. In making that recommendation, the Community
Development Manager found that the applicant submitted all materials, documents and fees
required by the application and Section 2.93 8(1) of the Eugene Code, 1971, and is in compliance
with the policies set forth in the Standards and Guidelines adopted by Resolution No. 5028. In
addition, as described more fully in Exhibit A, the applicant has complied with the criteria for
approval provided in Section 2.939(2) of the Eugene Code, 1971.
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, and the findings in the Community
Development Manager's Report and Recommendation attached as Exhibit A, the City Council
approves the application of Metropolitan Affordable Housing, Corporation for an ad valorem
property tax exemption under the City's Low - Income Rental Housing Property Tax Exemption
Program for the property located at 3057 willakenzie Road, Eugene, Oregon, 97401 (Assessor's
Map 17- 03- 21 -22; Tax Lot No. 700; Assessor's Property Account Number 0179851), which will
include 56 residential units and common areas (garden plot, community room, children's play
Resolution Page 1 of 2
area and bike storage). The units shall be offered for rent to those whose income falls at or
below 60% of the Area Median Income as determined by the State Housing Council.
Section 2 . The land and units described in Section 1 above are declared exempt from
local ad valorem property taxation commencing July 1, 2012, and continuing for a continuous
period of twenty (20) years unless earlier terminated in accordance with the provisions of Section
2.940 of the Eugene Code, 1971, which provides for termination after an opportunity to be heard
if:
2.1 Construction or development of the exempt property differs from the construction
or development described in the application for exemption, or was not completed by
January 1, 2020, and no extensions or exceptions were granted; or
2.2 The applicant fails to comply with provisions of ORS 307.515 to 307.523,
provisions of the Eugene Code, 1971, the Standards and Guidelines adopted by Council
Resolution No. 5028, or any conditions imposed in this Resolution.
The tax exemption shall be terminated immediately, without right of notice or appeal, pursuant to
the provisions of ORS 307.531 in the event that the county assessor determines that a change of
use to other than that allowed has occurred for the housing unit, or portion thereof, or, if after the
date of this approval, a declaration as defined in ORS 1 00.005 is presented to the county assessor
or tax collector for approval under ORS 100. 110.
Section 3 . The City Manager, or the Manager's designee, is requested to forward a copy
of this Resolution to the applicant within ten (10) days from the date of adoption of this
Resolution, and to cause a copy of this Resolution to be filed with the Lane County Assessor on
or before April 1, 2012. The copy of the Resolution sent to the applicant shall be accompanied
by a notice explaining the grounds for possible termination of the exemption prior to the end of
the exemption period and the effects of the termination.
Section 4 . This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted the 27th day of June, 2011.
Deput Cit R
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Resolution Page 2 of 2
REPORT AND RECOMMENDATION
of the Community Development Manager
of the Planning and Development Department
Application of Metropolitan Affordable Housing, Corporation
For Love Income Rental Housing Property Tax Exemption
(Section 2.937 to 2.940 of the Eugene Code, 1971)
for Property at 3057 Willakenzie Road, Eugene, Oregon
The Community Development Manager of the Planning and Development
Department of the City of Eugene finds that:
1. Willakenzie Crossing Apartments Limited Partnership (with Metropolitan
Affordable Housing, Corporation as general partner) is the owner of real property located
at 3057 Willakenzie Road, Eugene, Oregon, 97401 (Assessor's Map 17- 03- 21 -22; Tax
Lot No. 700; Assessor's Property Account Number 0179851). Metropolitan Affordable
Housing, Corporation ( "the applicant "), located at PO Box 11923, Eugene, Oregon,
97440 has submitted an application pursuant to Subsection 2.939(2) of the Eugene Code,
1971, for an exemption from ad ' valorem taxes under the City's Love- Income Rental
Housing Property Tax Exemption Program (Sections 2.937 to 2.940 of the Eugene Code,
1971).
2. I have reviewed the application and find that the applicant has submitted
all materials, fees and documents required by the application, and is in compliance with
the provisions of EC 2.939(2). Specifically I find:
(a) The property, or portion thereof subject to the property tax
exemption, will be occupied solely as a residence for low- income persons.
(b) The required rent payment reflects the full value of the property
tax exemption.
(c) The housing units on the property were constructed after February
12, 1990.
(d) The applicant has complied with the policies set forth in the
Standards and Guidelines for Low - Income Rental Housing Property Tax
Exemption adopted by council Resolution No. 5028.
(e) The proposed development is consistent with the city's housing
dispersal policy.
(f) The proposed development does not cause the displacement of
low- income persons.
(g) The proposed development does not cause destruction of historic
properties.
(h) The proposed development is otherwise consistent with the Eugene
Code and adopted city regulations and policies.
(i) The applicant has executed, and agrees to maintain in effect for the
duration of the tax exemption period, a Rent Regulatory Agreement.
(j) The applicant has consented in writing that for the duration of the
tax exemption period, the city may inspect the property for which the exemption
is granted.
Willakenzie Crossing Report and Recommendation - Page t of 2
3. Comments have been solicited from interested City departments, agencies,
and the affected neighborhood groups. No comments were received.
Therefore, based on the above findings, the proposed project conforms with all
applicable City Code provisions, local plans, planning regulations, the Metropolitan Area
General Plan, and the criteria set forth in the City's adopted Standards and Guidelines for
Low- Income Rental Housing Property Tax Exemption, and I recommend that the
application be approved.
Dated day of June, 2011.
7
Community De pm n Manager of the
Planning and Development Department
willakenzie Crossing Report and Recommendation - Page 2 of 2