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(1) Boundaries.

(a) Sections 2.945 through 2.947 of this code shall initially apply only to the property that is:

1. In the downtown area as depicted on Map 2.946 attached to Ordinance 20556 and appended to chapter 2 of this code; and

2. East of Charnelton Street.

(b) The council may expand the boundaries covered by sections 2.945 through 2.947 of this code to include one or more of the areas listed in this subsection (b) upon city council’s approval of:

1. Amendments to sections 2.945 to 2.947 of this code that require that a percentage of the units in an approved tax exemption project must be workforce housing as that term is defined in subsection (2)(h) of this section 2.946, or that the developer must make a commensurate “in-lieu of” payment to the city that is based on workforce housing rental rates, and that those payments shall be used to facilitate or develop workforce housing; and

2. Refinement plan policies that specifically provide for multiple-family and mixed use projects within that area, and that those policies are acknowledged pursuant to ORS 197.625.

The areas that the council may approve pursuant to this subsection are: the downtown area west of Charnelton; Mid-town; South Willamette; West 11th; 6th/7th Trainsong Highway 99 Corridor; Valley River Center commercial area; North Franklin; South River Road; Mid-River Road; North River Road; South Coburg Road; Mid-Coburg Road; and North Coburg Road. Any resolution approving one or more of these areas shall have a map appended to it identifying the precise boundaries of the area being approved.

(2) Criteria for Approval. No exemption may be approved under subsection (7) of section 2.945 of this code unless all of the following criteria are met:

(a) Eligible Project Types. The project will provide multiple-unit housing of five or more new units through new construction, an addition to an existing structure, or a conversion of a structure from another use to dwelling units. Notwithstanding the preceding sentence, no exemption may be granted for a project designed for the leasing of individual rooms or beds, rather than entire apartment units, or a project otherwise designed primarily for individuals attending college.

(b) Project Need. The proposal could not financially be built “but for” the tax exemption. The burden is on the applicant to demonstrate that absent the exemption, the project would not be financially viable.

(c) Compact Urban Development. For the downtown area, the project meets one of the following density requirements:

1. Residential zones: 175% of minimum density for the zone.

2. Form-based zones with height limit of three or four stories: 30 units per acre.

For any other area that council activates under subsection (1)(b) above, density requirements shall be stated in the area plan or other process that activates the area.

(d) The project complies with any requirements in administrative rules adopted by the city manager related to proximity to historic resources.

(e) Project Design and Compatibility.

1. The applicant has included a detailed description of the proposed project and graphic information including site plans and elevations containing sufficient detail to demonstrate that the project addresses a set of basic design principles in the context of the project location. The city manager shall adopt as part of the administrative rules to implement these sections a more detailed description of the required design principles, including the scale, form, and quality of the building; the mix of project elements; and the relationship to the street and surrounding uses.

2. Compliance with the project design elements that were reviewed at the time of council approval is a condition of approval of the exemption, except that the city manager may approve a deviation from those design elements if the city manager determines in writing that the deviations provide the same or greater degree of adherence to the design principles.

(f) Green Building.

1. Green building requirements apply only to the residential occupancy areas and common areas such as hallways, stairwells, centralized HVAC or hot water heating, and laundry facilities. The requirements do not apply to the commercial areas or ancillary amenities such as parking garage, swimming pools, and recreation centers.

2. The project will perform at least 10% more efficiently than the performance established in the Oregon Energy Efficiency Specialty Code (OEESC).

a. Green building requirements for one to three story multiple-family buildings are as follows:

(1) Obtain LEED v4 for homes low-rise multiple-family basic certification and modeled at least 10% above current OEESC; or

(2) Obtain earth advantage multiple-family silver level certification and provide a commissioning report.

b. Green building requirements for four stories and above multiple-family buildings are as follows:

(1) Obtain LEED for homes midrise basic certification and modeled at 10% above current OEESC; or

(2) City review of the project demonstrates that:

(A) Model building energy performance, utilizing the LEED for homes midrise energy modeling methodology, shows that the building will perform 10% above current OEESC performance;

(B) The building is constructed to modeled plans;

(C) Commissioning report will be provided within 18 months following issuance of certificate of occupancy; and

(D) Applicant commits to working with city to report multiple-family occupancy energy use data to city for the tax exempt period.

(3) Projects that will provide onsite parking are required to install conduit for future electric vehicle charging stations.

(g) Local Economic Impact Plan.

1. The applicant must provide a plan that provides for more than 50% of the dollar volume of the combined professional services and construction contracts to include local firms. “Local firm” means a business that is based in Lane County.

2. The applicant must ensure that qualified minority and women business enterprises have an equitable opportunity to compete for contracts and subcontracts.

3. The city manager shall include in the administrative rules adopted to implement sections 2.945 through 2.947 of this code provisions that:

a. Identify additional requirements for the local economic impact plan, including definitions and exceptions such as when trades are not available locally;

b. Enable qualified minority and women business enterprises to have an equitable opportunity to compete; and

c. Ensure that the developer and its contractors and subcontractors comply with wage, tax and licensing laws in the development of the project and posts information about the city’s rights assistance program.

(h) Following the city council’s compliance with the requirements of subsection (1)(b) of this section 2.946 related to workforce housing and the council’s activation of one or more areas listed in subsection (1)(b) of this section 2.946, a developer shall include as workforce housing units not less than the percentage of the units specified in those future code amendments, or alternatively shall pay to the city an equivalent workforce housing fee. “Workforce housing” is housing with rents equal to or less than 30% of the area median income. “Equivalent workforce housing fee” is a fee equal to the difference between the rent charged and workforce housing rents for the percentage of the units specified by the future code amendments.

1. If the developer chooses to include the workforce housing units, the application shall identify which units in the project will be the workforce housing units, and shall maintain those units as such for the duration of the tax exemption period. As part of the administrative rules adopted pursuant to section 2.019 of this code, the city manager may further define “workforce housing unit” and shall establish requirements to ensure that the units are maintained as such during the tax exempt period. For purposes of this subsection, “project” means all new development that occurs after approval of the application on one or more contiguous lots all owned by a single entity or covered by a city-approved master plan.

2. If the developer chooses to pay the equivalent workforce housing fee, the fee may be paid annually in years 3 through 10 of the exemption, or may be paid up front. Funds received by the city under this paragraph shall be used for workforce housing.

3. The provisions of this subsection (h) do not apply to tax exemption projects that are located in the downtown area east of Charnelton Street. However, the owner of the property shall pay to the city an amount equal to 10% of the total property tax exemption and all such payments shall be dedicated to the facilitation or creation of workforce housing. The fee may be paid annually in years 3 through 10 of the exemption, or may be paid upfront. Alternatively, the owner may comply with the requirement to include not less than 30% of the units as workforce housing pursuant to subsection (2)(h)(1) of this section 2.946.

(i) In the case of the construction of, or the addition or conversion to multiple-unit housing, the construction, addition or conversion will be completed on or before January 1, 2032.

(j) In the case of multiple-unit housing subject to a low income housing assistance contract with an agency or subdivision of this state or the United States,

1. The application for exemption was made on or before January 1, 2032;

2. It is important to the community to preserve the housing as low income housing and it is probable that the housing would not be produced as or remain low income housing without the exemption being granted.

(k) The multiple-unit housing is not designed for, and will not be used as transient accommodations.

(3) Additional and On-Going Obligations of Project Approved for Exemption.

(a) Following approval of an exemption under section 2.946 of this code, the city manager shall monitor the development of the project to ensure that the project complies with the requirements of sections 2.945 through 2.947 of this code, including the provision related to workforce housing, the administrative rules adopted pursuant to this code, and any other conditions of approval of the exemption.

(b) During the developer’s design process and before the final design drawings are completed, the developer shall hold at least one neighborhood engagement opportunity to allow members of that neighborhood to provide comments on the proposal. At least one of the applicant’s principals must attend that meeting. In addition, once the final design is completed and before it is submitted for permits, the developer shall allow the neighborhood an opportunity to review and comment on that final design.

(c) During the exemption period, the project’s owner must annually submit documentation to evaluate compliance with workforce housing requirements, unless the project’s owner is paying the equivalent workforce housing fee or is exempt pursuant to subsection (2)(h) of this section. The regular reporting shall include the home city or zip code of the construction labor workers, and any other information required by administrative rules adopted pursuant to section 2.019 of this code.

(Section 2.946 added by Ordinance No. 20556, enacted July 13, 2015, effective August 20, 2015; amended by Ordinance No. 20631, enacted May 26, 2020, effective June 29, 2020; Ordinance No. 20651, enacted May 24, 2021, effective June 28, 2021; and Ordinance No. 20675, enacted October 24, 2022, effective November 26, 2022.)