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HomeMy WebLinkAboutItem B: Multi-Unit Property Tax Exemption Program ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Multi-Unit Property Tax Exemption (MUPTE) Program Meeting Date: May 13, 2013 Agenda Item Number: B Department: Planning & Development Staff Contacts: Denny Braud www.eugene-or.gov 541-682-5536 ISSUE STATEMENT On February 27, 2013, the council approved an ordinance suspending the Multi-Unit Property Tax Exemption (MUPTE) program to provide the time needed for council to conduct a detailed evaluation of the program and determine if modifications should be made. This work session is a continuation of the discussion related to potential modifications to the MUPTE program. BACKGROUND At the April 22, 2013, council work session, staff received feedback on potential modifications to the MUPTE program. The following is a summary of some of the key elements that were discussed:  Establish minimum threshold criteria that provide a high degree of certainty relative to public benefits that are desired  Consider a scaled/tiered system that reflects clear public benefit outcomes  Support local hiring  Consider the community’s need for affordable housing  Support projects that meet green building standards  Consider options for placing a cap on the project’s return on investment  If funds are recaptured based on a cap, consider dedicating these funds to affordable housing or emergency housing needs  Consider options for capping the volume of projects within the program  Consider increasing the application fee to help cover program administration  Projects should address potential positive and negative impacts to neighborhoods  Consider expansion of the boundary in support of Envision Eugene desired outcomes, including key corridors, transit-oriented areas, and commercial centers  Regarding the “but for” community debate, work with local developers and stakeholders to gain a better understanding of the program need The ordinance suspending the MUPTE program expires on June 30, 2013. However, at the May 8 work session, the council provided direction to extend the suspension to July 31 to provide the S:\CMO\2013 Council Agendas\M130513\S130513B.doc additional time needed to finalize program modifications. A public hearing and council action on an ordinance extending the suspension is tentatively scheduled on May 28 and May 29 respectively. For discussion purposes, Attachment A includes options for modifying the MUPTE program based on council input from the April 22 work session. The options are presented as specific program outcomes identified by the council (for example, “green building”) and categorized as MUPTE minimum threshold criteria, additional public benefit criteria, and other program considerations. For this work session, staff is seeking council’s review of various criteria options, and direction on preferred MUPTE program criteria. This input will be used to draft refined program criteria that would subsequently be reviewed by stakeholders and the council. The following is an updated timeline for completing the MUPTE program modifications.  May 22 Council work session  May 28 Public Hearing – Ordinance extending MUPTE suspension  May 29 Council action – Ordinance extending MUPTE suspension  June 17 Public Hearing – Ordinance on new MUPTE criteria  June 24 Council action – Ordinance adopting new MUPTE criteria RELATED CITY POLICIES Utilization of the MUPTE program to stimulate new multi-unit housing development addresses many goals for Eugene and downtown, including: Eugene Downtown Plan  Stimulate multi-unit housing in the downtown core and on the edges of downtown for a variety of income levels and ownership opportunities.  Downtown development shall support the urban qualities of density, vitality, livability and diversity to create a downtown, urban environment.  Actively pursue public/private development opportunities to achieve the vision for an active, vital, growing downtown.  Use downtown development tools and incentives to encourage development that provides character and density downtown.  Facilitate dense development in the courthouse area and other sites between the core of the downtown and the river. Envision Eugene Pillars  Promote compact urban development and efficient transportation options. - Integrate new development and redevelopment in the downtown, in key transit corridors and in core commercial areas. - Meet the 20-year multi-family housing need within the existing Urban Growth Boundary. - Make compact urban development easier in the downtown, on key transit corridors, and in core commercial areas.  Provide housing affordable to all income levels. S:\CMO\2013 Council Agendas\M130513\S130513B.doc Regional Prosperity Economic Development Plan  Strategy 5: Identify as a Place to Thrive - Priority Next Step - Urban Vitality - As we foster a creative economy, dynamic urban centers are an important asset. Eugene, Springfield and many of the smaller communities in the region recognize the importance of supporting and enhancing vitality in their city centers. Building downtowns as places to live, work and play will support the retention and expansion of the existing business community and be a significant asset to attract new investment. The Cities of Eugene and Springfield will continue to enhance their efforts to promote downtown vitality through development and redevelopment. City Council Goal of Sustainable Development  Increased downtown development COUNCIL OPTIONS This work session is an opportunity for staff to get additional feedback from the council regarding potential changes to the existing MUPTE program. CITY MANAGER’S RECOMMENDATION The City Manager will use council input obtained in this work session to continue refining MUPTE program modifications for future council consideration. SUGGESTED MOTION No motion proposed at this time. ATTACHMENTS A. MUPTE Program Options FOR MORE INFORMATION Staff Contact: Denny Braud Telephone: 541-682-5536 Staff E-Mail: denny.braud@ci.eugene.or.us S:\CMO\2013 Council Agendas\M130513\S130513B.doc ATTACHMENT A MUPTE PROJECT: Minimum Threshold Criteria The following are options that could be considered as “minimum threshold criteria” which each MUPTE project would be required to meet to be considered for approval. Density OBJECTIVE: Promote compact urban development and efficient transportation options, mixed- use development, maximize the efficient use of land, and meet the multi-family housing needs within the existing Urban Growth Boundary. Option 1:  Mirror state statute – 5 or more units Option 2:  For Mixed-Use projects (housing above commercial): 5 or more units  For Housing-only projects: Exceeds minimum density code requirement (for example, 2x minimum density) Project Need OBJECTIVE: Verify that the project would not be built “but for” the tax exemption. Option 1:  10-year pro forma reviewed by staff, the Loan Advisory Committee (or newly created panel, third party), and City Council.  If the overall rate of return at the end of the exemption period exceeds 10 percent (“cap”), then a payment equal to 25 percent of the earnings in excess of the cap will be made to the City.  Payments made under the cap provision shall be used by the City in support of local affordable housing needs, or other City needs. Option 2:  10-year pro forma reviewed by staff, the Loan Advisory Committee (or newly created panel, or third party), and City Council.  If the rate of return is projected to exceed 10 percent (“cap”) during the 10-year period, then one of the following shall be considered: Shorten the period of exemption. o Applicant will have the option to add public benefit features (ex. open space, affordable o units, higher quality materials). Applicant will have the option to agree to make payments to the City in lieu of the tax o exemption in later years. Option 3:  10-year pro forma reviewed by staff, the Loan Advisory Committee (or newly created panel, or third party), and City Council.  Based on program-wide annual financial reporting from projects, a panel shall periodically review the financial performance of projects and make recommendations regarding the ongoing need for the program, or potential program adjustments (boundary, criteria, etc.). Green Building Objective: Promote resource efficient buildings to help reduce energy dependence. Option 1:  Must meet one of the following green building standards LEED Silver o Earth Advantage Multi-Family Silver o Oregon’s Reach Code o Enterprise Green Communities (for affordable housing) o Other equivalent standard approved by City o Option 2:  Same as above, with council waiver provision for special cases. Option 3:  Do not include in minimum threshold criteria, include in additional public benefit criteria. Affordable Housing Objective: Promote a mixture of housing units at various levels of affordability to help meet the community’s diverse and changing needs. Option 1:  Project must make a payment equal to 10-percent of the first year tax exemption, payable upon completion of the project when the first year of tax exemption is granted. Funds would be used by the City to support affordable housing/emergency shelter. Option 2:  For rental projects, minimum of 20 percent of the units must be affordable to households earning 60 percent of area median household income. Option 3:  For rental projects, minimum of 20 percent of the units must be affordable to households earning 80 percent of area median household income. Option 4:  Do not include in minimum threshold criteria, include in additional public benefit criteria Financial Reporting Objective: Collect reliable financial data during the tax exemption for the purpose of gauging individual project performance and evaluating the need and effectiveness of the MUPTE program implementing Envision Eugene. Option 1:  Project required to submit annual, accountant-prepared financial statements that are reviewed by staff. Option 2:  Project required to submit annual, accountant-prepared annual financial statements that are reviewed by staff and a review panel, or third party. Option 3:  Option 1 or 2. Plus, for special cases in which financial disclosure is not available (ex. institutional investors), applicant will have the option to shorten the exemption, or make payments to the City. Neighborhood Contact Objective: Protect, repair, and enhance neighborhoods to ensure a high level of livability. Option 1:  Prior to application, applicant must solicit comments from affected neighborhood organization Option 2:  Do not include in minimum threshold criteria, include in additional public benefit criteria Application Fee Objective: Contribute to program administration and ongoing monitoring costs Option 1:  $500 paid with application submission  Additional fee of 1/20 of 1% (.0005) of the project cost, not to exceed $10,000, paid at completion of construction MUPTE PROJECT: Additional Public Benefit Criteria The following are options that could be considered as “additional public benefit criteria”, some of which each MUPTE project would be expected to meet to be considered for the maximum tax exemption available. Local Hiring Objective: Promote local businesses and local hiring that lead our area to a higher level of economic prosperity. Option 1:  Greater than 50 percent of total professional services, construction contracting, and jobs must be local (based in Oregon).  Applicant must submit a plan to hire minority, women, and emerging small businesses for professional services and construction contracting. Option 2: Applicant must submit a plan to hire local professional services and construction contractors, including plan to meet minority, women, and emerging small business hiring. Housing Type Objective: Create a mixture of housing types to meet the needs of all residents now and into the future. Examples of Public Benefit Criteria:  Home ownership units  Design units that are more traditional apartments (1 bedroom, 2 bedroom, family-sized), or easily converted to traditional apartments or ownership units.  Family-sized housing units (2+bedrooms configured as traditional apartments)  Inclusion of affordable housing units (or additional affordable housing units in the event that there is a minimum threshold requirement) Location Objective: Increase the proportion of residents that live in 20-minute neighborhoods where residents can meet most of their daily needs near their homes without the use of the automobile. Promote efficient utilization of limited land resources through the redevelopment of properties that have existing site constraints and economic barriers. Examples of Public Benefit Criteria:  Located within the Downtown Plan Area  Located within economically disadvantaged areas (to be defined)  Located on a brownfield site  Located within close proximity to schools, groceries, and transit  Redevelopment of valuable historic property  Includes ground floor retail Project Features Objective: Promote a more urban and sustainable form of development that meets the needs of the community and enhances neighborhood livability. Examples of Public Benefit Criteria:  Inclusion of open space or gathering space available to the community  Use of high quality materials  Exceeds ADA code requirements  Positively address neighborhood compatibility  Embedded or structured parking  Unit/Parking space ratio and optional parking space rental encourages alternative transportation  Additional bike parking, parking for shared vehicles and electric vehicles MUPTE: Other Program Considerations The following are options that could be considered in terms of the overall MUPTE program. Boundary Objective: Implement Envision Eugene through the promotion of compact urban development and efficient transportation options, and the protection, repair, and enhancement of neighborhood livability. Option 1:  Maintain existing Downtown Plan Area boundary Option 2:  Expand existing boundary to include a few other targeted areas (for example, Trainsong and South Willamette) Option 3:  Align boundary with Envision Eugene strategies to promote compact urban development and efficient transportation options (downtown, key transit corridors, and core commercial areas) Program Volume Objective: Meet the community’s 20-year multi-family needs without compromising other community goals and desired outcomes. Option 1:  Cap the dollar amount of tax exemptions granted in any given year Option 2:  Establish a rolling cap under which the program would be suspended when the total tax exemptions being received reach the cap  As exempt projects come onto the tax roll, availability under the cap would be created and new applications would be accepted Option 3:  Cap the number of new units that are constructed with MUPTE, using Envision Eugene multi- family housing need as the target measurement