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HomeMy WebLinkAboutItem 03- HDTE Parking & Commercial AGENDA ITEM SUMMARY Meeting Date: 4/15/2024 Meeting Type: Work Session Staff Contact/Dept.: Katie Carroll, DPW Staff Phone No: 541-726-3660 Estimated Time: 15 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Promote and Enhance our Hometown Feel while Focusing on Livability and Environmental Quality ITEM TITLE: HOUSING DIVERSITY TAX EXEMPTION PARKING AND COMMERCIAL DISCUSSION ACTION REQUESTED: Give staff direction on whether and how to allow new parking improvements and/or new commercial improvements to be exempt from taxation as part of the Housing Diversity Tax Exemption program. ISSUE STATEMENT: As part of the adoption process for the Housing Diversity Tax Exemption (HDTE) program, Council held a public hearing on the need for the HDTE on March 4, 2024. The Council received public testimony requesting that the City allow the tax exemption to apply to new parking improvements and new commercial improvements in addition to new residential improvements. At Council’s direction, staff is returning with more information on exempting these additional improvements from taxation as part of the HDTE program. ATTACHMENTS: 1. Council Briefing Memo – Parking and Commercial Discussion 2. HDTE Zoning Analysis 3. HDTE Draft Code 4. HDTE Draft Program Guidelines 5. HDTE Slides DISCUSSION/ FINANCIAL IMPACT: The Council is considering adopting the Housing Diversity Tax Exemption (HDTE) to incentivize the development of multiple-unit housing in transit-served and core areas of Springfield. Projects that qualify for the tax exemption can get some property taxes exempt for ten years. As currently drafted, the program exempts the value of new residential improvements from taxation. Land, existing improvements, and new non-residential improvements would continue to be taxed. At Council’s direction, staff is providing information in this work session on exempting new parking and new commercial improvements from taxation in addition to new residential improvements as part of the HDTE program. Under state statute, the City can exempt new parking improvements from taxation when the parking is constructed with the multiple-unit housing and is for residents. Commercial improvements can be exempt from taxation when those improvements are either a required design element of the HDTE program or when they are considered a public benefit per the program. Exempting new parking and/or commercial improvements from taxation in addition to residential improvements as part of the HDTE program would mean that the City and other taxing districts would forgo more taxes during an approved project’s exemption period. M E M O R A N D U M City of Springfield Date: 4/15/2024 To: Nancy Newton COUNCIL From: Katie Carroll, Housing Analyst Jeff Paschall, Community Development Director BRIEFING Subject: Housing Diversity Tax Exemption Parking & Commercial Discussion MEMORANDUM ISSUE: As part of the adoption process for the Housing Diversity Tax Exemption (HDTE) program, Council held a public hearing on the need for the HDTE on March 4, 2024. The Council received public testimony requesting that the City allow the tax exemption to apply to new parking improvements and new commercial improvements in addition to new residential improvements. At Council’s direction, staff is returning with more information on exempting these additional improvements from taxation as part of the HDTE program. COUNCIL GOALS/ MANDATE: Promote and Enhance our Hometown Feel While Focusing on Livability and Environmental Quality BACKGROUND: The Housing Diversity Tax Exemption (HDTE) is a property tax exemption which would incentivize development of multiple-unit housing in specified transit-served and core areas of Springfield. The program aims to get more housing projects built by exempting taxes for the first ten years of a project’s operation, thus lowering operating costs and making more projects “pencil.” Council has been considering implementing the HDTE for several years. As part of the required adoption process, Council held a public hearing on March 4, 2024. Council received public testimony requesting that the City allow the tax exemption to additionally apply to new parking improvement and new commercial improvement values. The draft guidelines presented March 4th would exempt new residential improvements from taxation but would not allow for new parking or commercial improvements to be exempt. Council directed staff to come back with information on how new parking and commercial improvements could be exempt as part of the HDTE program. In this meeting the Council will review options. A second reading of the Ordinance to adopt the HDTE program is scheduled for regular session. EXEMPTING PARKING IMPROVEMENTS: Statutory Allowance The City can exempt parking meeting certain qualifications as part of the HDTE program. Per State statute, parking may exempt when: 1. The parking is constructed at the same time as the multiple-unit housing receiving the exemption; and 2. When the parking is for residents. Attachment 1 Page 1 of 5 MEMORANDUM 4/10/2024 Page 2 Pre-existing parking and new parking that will be for commercial tenants/patrons cannot be exempt under this program. Impact of Exempting Parking To comply with the State’s Climate Friendly Equitable Communities (CFEC) rules the City no longer requires parking for any new development. Since the City no longer requires parking, allowing new parking improvements to be exempt under the HDTE program could encourage developers to include parking in their projects by providing a financial incentive to help offset the cost of doing so. If a project approved for the HDTE chooses to add parking, that parking will likely be surface parking due to the significant cost of structured parking. The value of surface parking improvements does not generally represent a large share of a project’s improvement value, so staff does not believe exempting parking will have a significant impact on the revenue the City foregoes for this program. Projects in some HDTE areas that already have excess parking, such as Mohawk, may have sufficient existing parking to meet a project’s needs. If a project approved for the HDTE does include new structured parking for residents, that parking could represent significant improvement value that the City would forgo taxes on for the duration of the 10-year exemption. However, the cost of providing that type of parking may warrant the financial assistance provided by this program. Option for Including Staff has updated the draft program guidelines (Attachment 4) to include language allowing for new parking improvements to be exempt as permitted by statute. The guidelines require an applicant to provide proof that the parking they are requesting to have exempt will be for the multiple-unit housing residents. After further consultation with City Attorney’s Office, staff has also added language matching the statutory allowance into the draft code (Attachment 3). Suggested language allowing for parking to be exempt from taxation is highlighted green in Attachments 3 and 4. EXEMPTING COMMERCIAL IMPROVEMENTS: Statutory Allowance The City can exempt commercial improvements as part of the HDTE program when those commercial improvements are considered a required design element of the tax exemption program that goes above and beyond standard requirements in the Springfield Development Code or Building Code. The Springfield Development Code’s zoning requirements, which in some instances require a minimum amount of commercial space, do not meet this requirement. The other way the City may allow commercial space to be tax exempt is if the Council determines that commercial space can be counted as a public benefit. Springfield Development Code Zoning Requirements There are several different Land Use Districts (zoning types) within the HDTE exemption areas. The table in Attachment 2 shows the code requirements and allowances for building commercial uses with residential uses in the Land Use Districts within HDTE exemption areas. There is only one Land Use District, Mixed Use Commercial (MUC) which requires each development area to include a minimum amount of commercial space. Glenwood Commercial Mixed Use (GCMU) limits residential development but allows some other non-commercial uses. Multiple Land Use Districts permit fully residential development and limit commercial development either by size Attachment 1 Page 2 of 5 MEMORANDUM 4/10/2024 Page 3 or by allowed uses. Current Work Which May Impact Zoning The testimony received from CDC Management Corporation explains that high construction costs and interest rates, combined with low demand and flat rents for non-residential space make it challenging for mixed-use projects to pencil in the current market. Work is underway on multiple projects which may result in changes to the development code that make some Land Use Districts more flexible for residential development. Glenwood Master Planning: The master planning team for Glenwood is exploring code amendments as part of its scope of work. These amendments would propose changes to the Glenwood Residential Mixed Use (GRMU) and GCMU Districts to make those districts less restrictive. The amendments under consideration would allow fully residential projects in GCMU among other changes. Housing in Non-Residential Areas Code Amendments: The City is in the process of amending the code to allow some housing in non-residential areas in compliance with state law. Under the new code, income-qualified housing for moderate-income households (80% to 120% of the area median income) will be allowed as part of a mixed-use building in commercial districts with ground floor commercial. The amendment will allow this use in Neighborhood Commercial, Major Retail Commercial, Community Commercial, General Office, MUC, GCMU, and Glenwood Office Mixed Use (GOMU). Climate Friendly Areas: As part of complying with CFEC rules, the City must identify one or more Climate Friendly Areas (CFA). Multiple areas under consideration overlap with HDTE exemption areas. Depending on which area(s) are selected as CFAs, the City may need to amend the code to increase flexibility for residential development in some Land Use Districts and/or make changes to the zoning and plan designation of properties. For example, Glenwood is under consideration as a CFA. Currently, GOMU only allows residential development north of Franklin Boulevard and under other restrictions. If Glenwood is selected as a CFA, the City may need to amend the GOMU District to allow residential development with more flexibility. Considerations for Exempting New Commercial Improvements Commercial Space as a Required Design Element The Council could require commercial space to be included in a project as a design requirement for the project to qualify for the exemption. Staff does not recommend this because most Land Use Districts within HDTE program areas do not require any commercial space to be included in a development. Requiring commercial space to be included in projects where the zoning does not otherwise require it could impede residential development. Requiring more development area to be committed to non-residential uses could result in fewer dwelling units being built. Additionally, other zoning restrictions may add barriers to making a project of this nature feasible. For example, the R2 and R3 Land Use Districts permit mixed-use buildings, but there are only a few commercial uses which are permitted in those zones. Commercial Space as a Public Benefit Alternatively, the Council could allow commercial space to count as a public benefit for the HDTE program. If considered a public benefit, the commercial space can be included in the tax exemption. Considerations for allowing commercial space as a public benefit include: Above and Beyond Requirements: To be consistent with how the City has approached other public benefits under the OPTION 1 Clear and Objective Pathway, the City would need to Attachment 1 Page 3 of 5 MEMORANDUM 4/10/2024 Page 4 require an applicant to include more commercial space in their project than is required by code. In Land Use Districts where commercial space is already required by zoning, the City would need to set a minimum threshold of commercial space that is higher than the zoning requirement, exacerbating the difficulty a developer may face in making a mixed-use project pencil. Identify by Use: The City could identify specific commercial uses that qualify as a public benefit, such as a grocery store or childcare center (which is already listed as a public benefit under Option 1). Staff would need to do more research on what commercial uses are permitted in the various Land Use Districts within HDTE exemption areas to determine feasibility of this option and would need additional direction from Council on what to uses to explore including. Carve Out Exemption Areas: The primary purpose of the HDTE is to incentivize housing development, so staff does not recommend using the program to broadly incentivize commercial development. However, there is a specific location where incentivizing commercial development beyond zoning requirements makes sense. In previous Council meetings on the HDTE in November 2017 and February 2018, Council directed staff to not allow projects along East Main Street (from 38th St. to Bob Straub Pkwy.) to qualify for the exemption if they will include ground floor residential on Main Street because the Council wants to see businesses along Main Street. Ground floor commercial is not a requirement of the zoning in that area, so the Council may want to allow ground floor commercial space along East Main Street to count as a public benefit to support its previous policy direction that has already been incorporated into the Program Guidelines. Options for Including Identifying straightforward options for including new commercial improvements in the exemption is challenging because the HDTE exemption areas include several different Land Use Districts with varying requirements and allowances around commercial development. Staff have recommended two options for allowing new commercial improvements to be included in the tax exemption that aim to minimize complexity of the HDTE program and avoid creating additional challenges for developers. Suggested language for allowing new commercial improvements to be exempt is highlighted grey and yellow in Attachments 3 and 4 and summarized below. 1. Allow Ground Floor Commercial Space as a Public Benefit When Fronting E. Main Street To support Council’s interest in promoting projects with ground floor commercial along East Main Street, the City could allow ground floor commercial space in a mixed-use building fronting East Main Street to qualify for exemption as a public benefit under Option 1 (clear and objective review). Since ground floor commercial is not a zoning requirement, it would be consistent with other Option 1 public benefits. 2. Allow Commercial Space as a Public Benefit with Council Approval The program guidelines allow applicants wishing to provide a public benefit that doesn’t meet the Option 1 clear and objective criteria to make an appeal to the Council under Option 3. The City could allow developers to request that commercial space count as a public benefit under Option 3. The program guidelines include a set of criteria to be used by Council in weighing public benefits proposed under Option 3. The criteria include a determination that the proposed public benefit will provide a benefit to the public which is proportional to the exemption requested, and a determination that the benefit goes above and beyond development requirements or makes a compelling argument for an exception. These criteria would allow the Council to make determinations about whether commercial space for specific projects should be counted as a public benefit and thus exempt from taxation. For both options, staff recommends that the City only exempt commercial space as a public Attachment 1 Page 4 of 5 MEMORANDUM 4/10/2024 Page 5 benefit where that ground floor commercial space is part of a mixed-use building with at least five dwelling units since the HDTE is primarily intended to incentivize residential development. QUESTIONS FOR COUNCIL: 1. Does Council want to exempt new parking improvements for residents (green in code and guidelines)? 2. Does Council want to exempt new ground floor commercial improvements in mixed-use buildings fronting East Main Street as a public benefit (grey in code and guidelines)? 3. Does Council want to exempt new ground floor commercial improvements in mixed-use buildings as a public benefit when approved by Council (yellow in code and guidelines)? OTHER PROGRAM GUIDELINES CHANGES: Staff made other minor changes to the draft program guidelines (Attachment 4) from what was included in the March 4, 2024 packet. These changes are shown in blue text. After consulting with the County Assessor, the City will not collect the County’s processing fee for approved applications on their behalf. Changes also further clarify the limitation on ground floor residential development in projects along East Main Street. NEXT STEPS: Staff will return to Council during regular session for a second reading of the adopting ordinance for the HDTE program. Staff will recap Council direction from this work session on if and how to modify the draft code and program guidelines included in your packet for the reading. If Council makes changes from what was presented at the first ordinance reading, it will need to hold a third reading before it can make a motion to adopt / not adopt the program. At a future meeting, staff will bring back updated program guidelines per Council direction tonight as a resolution for consideration to adopt / not adopt. A draft application fee for the HDTE was before you on April 8, 2024 as part of the Master Fees and Charges update. The application fee will return to you as part of the Master Fees and Charges adoption process. If the program is adopted, the City will then request formal support from other taxing districts. RECOMMENDED ACTION: Give staff direction on the following questions: 1. Does Council want to exempt new parking improvements for residents (green in code and guidelines)? 2. Does Council want to exempt new commercial improvements in mixed-use buildings fronting East Main Street as a public benefit (grey in code and guidelines)? 3. Does Council want to exempt new ground floor commercial improvements in mixed-use buildings as a public benefit when approved by Council (yellow in code and guidelines)? Attachment 1 Page 5 of 5 *This table does not include any Land Use Districts located within HDTE Exemption Areas which do not allow market -rate multi-unit housing as zoned and designated. Springfield Development Code Section 4.7.405 allows income-qualified housing for households with low incomes to be sited in some Land Use Districts which do not otherwise allow housing. Attachment 2 - Zoning Analysis for HDTE Exemption Areas Land Use District within HDTE Exemption Area* Commercial REQUIRED with Residential in Development Area or Building Commercial ALLOWED with Residential in Development Area or Building Summary of Springfield Development Code Requirements Glenwood Office Mixed Use (GOMU) X High density residential (HDR) is permitted as stand-alone use or within a mixed-use building with requirements: • Must be affiliated with a permitted educational facility • Must meet minimum density of 50 units/net acre • Must be located on the N side of Franklin Blvd • Hospitality, civic, and HDR uses cannot total more than 50% of land area for the subarea Some commercial uses permitted as stand-alone use or within a mixed-use building. Additional commercial uses allowed as secondary uses only within a mixed-use building, limited to the ground floor and by size. Glenwood Commercial Mixed Use (GCMU) X HDR is permitted as a stand-alone use or within a mixed-use building with requirements: • Must meet minimum density of 50 units/net acre • No more than 50% of a development area may be dedicated to HDR use Some commercial uses are permitted as a stand-alone use or within a mixed-use building. Additional commercial uses (retail sales and services) permitted as secondary uses within mixed- use building, limited to the ground floor and by size. Glenwood Residential Mixed Use (GRMU) X HDR is the primary permitted use of the district, either as a stand-alone use or as part of a mixed- use building above commercial uses. Some commercial uses are permitted as secondary use within a mixed -use building only. No standalone commercial building is permitted. Commercial uses are limited to the ground floor of a mixed-use building and by size with some exceptions for groceries and buildings that front Franklin Blvd. High Density Residential (R3) X Mixed-use buildings are allowed with a site plan and subject to standards. Few commercial uses are permitted in R3 (only professional office or childcare center). Attachment 2 Page 1 of 2 *This table does not include any Land Use Districts located within HDTE Exemption Areas which do not allow market -rate multi-unit housing as zoned and designated. Springfield Development Code Section 4.7.405 allows income-qualified housing for households with low incomes to be sited in some Land Use Districts which do not otherwise allow housing. Medium Density Residential (R2) X Mixed-use buildings are allowed with a site plan and subject to standards. Few commercial uses are permitted in R2 (only professional office or childcare center). Mixed Use Residential (MUR) X Residential uses allowed in areas designated mixed-use in a Plan. At least 80% of the gross floor area within MUR District must be dedicated to multiple-unit housing. Commercial uses are allowed subject to restrictions: • Residential uses on an MUR site must be developed prior to or concurrently with commercial uses • Non-residential uses limited in size • Nonresidential uses developed as part of mixed-use building including housing must be developed to maintain a minimum residential density, including for multi-phase development Community Commercial (CC) X Residential permitted in areas designated mixed-use in a Plan. • East Main Refinement Plan- Areas zoned CC and designated MU in the Refinement Plan allow medium and high density residential • Downtown Refinement Plan- Areas zoned CC and designated BKMU in the Refinement Plan allow medium density residential Commercial Uses are permitted. • East Main Refinement Plan- Areas designated MU in the Refinement Plan allow CC uses subject to refinement plan requirements • Downtown Refinement Plan- Areas designated BKMU allow commercial uses subject to refinement plan requirements Mixed Use Commercial (MUC) X (Required in Development Area) Residential permitted in areas designated mixed-use in a Plan. Residential can be a stand-alone building if development area requirements are met (see below). For new buildings, 60% of ground floor must be commercial. However, up to 100% of any building may be developed for residential uses so long as 60% of the total ground floor area within the development area is devoted to commercial uses. Booth Kelly Mixed Use (BKMU) X Residential allowed subject to special development standards. Residential limited to no more than 35% of the land area within the BKMU Land District. Commercial uses allowed. Residential is encouraged as a second story use above commercial uses. Attachment 2 Page 2 of 2 1 CHAPTER 3 Public Improvements HOUSING DIVERSITY TAX EXEMPTION 3.550 Housing Diversity Tax Exemption (HDTE) – State Statutes Adopted The provisions of the Multiple Unit Property Tax Exemption (MUPTE) in ORS 307.600 through 307.637 are hereby adopted to stimulate the creation of multiple-unit housing through new construction, addition, or conversion in core and transit-supported areas of the City as designated in these sections 3.550 through 3.558. 3.552 Definitions For the purposes of the Housing Diversity Tax Exemption code in sections 3.550 through 3.558, the following definitions apply. Where the definitions in this section conflict with a definition provided in ORS 307.603, the definition in this section will prevail. Unless specifically defined below or in ORS 307.603, words or phrases used in the Housing Diversity Tax Exemption code must be interpreted so as to give them the meaning they have in common usage. Approval Authority. The individual or public body with authority to make a final decision on an application under the provisions of sections 3.550 through 3.558 of this code and the Program Guidelines: specifically, the City Manager or Council. Multiple-Unit Housing. Newly constructed structures, stories, or other additions to existing structures and structures converted in whole or in part from other use to housing, where the structure has a minimum of five new dwelling units, excluding cottage clusters. Program Guidelines. The standards and guidelines for this program as adopted by resolution of the Council. Project. The proposed construction, addition, or conversion of multiple-unit housing for which applicant is applying for a tax exemption under this section. Transient Lodging. As defined in section 7.700 of this code. 3.554 Application Criteria (1) The Approval Authority may approve an application under this section if it finds that the project meets the following criteria: (a) The applicant has attended a pre-application meeting; (b) The applicant has site control at time of application; (c) The project is for multiple-unit housing that will add a minimum of five new dwelling units; (d) The project will be located within an eligible program area as shown in Figures 1 through 5 of this section; (e) The project will include public benefits that comply with the requirements of the program guidelines; (f) The project will be completed on or before the date specified in ORS 307.637; (g) At completion, project will conform to the requirements of the Springfield Comprehensive Plan, any applicable refinement plans or functional plans, and the Springfield Development Code, in effect at the time the application under this section is approved; (h) The project cannot be designed or used as transient lodging; and Attachment 3 Page 1 of 5 2 (i) The project will conform with any additional criteria provided in the program guidelines. Figure 1 Figure 2 Attachment 3 Page 2 of 5 3 Figure 3 Figure 4 Attachment 3 Page 3 of 5 4 Figure 5 3.556 Application Review (1) Prior to submission of an application, the applicant must attend a pre-application meeting. (2) Applications must be submitted to the City Manager or designee as provided in ORS 307.615 and the program guidelines, on a form prescribed by the City Manager or designee. Complete applications must be submitted by February 1 immediately preceding the first assessment year for which the exemption is requested and must be accompanied by the application fee as established by Council resolution. Applications will not be considered complete until all required information and the application fee have been received. (3) The Approval Authority will review a complete application and make a final decision to approve, approve with conditions, or deny the application. An application not acted upon within 180 days of the date the complete application was received by the City will be deemed approved. (4) Following approval or denial of an application, the City will provide notice to the applicant and Lane County Assessor as provided in ORS 307.621. 3.558 Exemption (1) Multiple-unit housing that is granted an exemption under sections 3.550 through 3.558 and ORS 307.600 through 307.637 will be exempt from ad valorem taxation for 10 successive years. The first year of exemption is the assessment year beginning January 1 immediately following the calendar year in which construction, addition, or conversion is completed, as determined by that stage in the construction process when, pursuant to ORS 307.330, the improvement would have gone on the tax rolls in the absence of the exemption. Attachment 3 Page 4 of 5 5 (2) The exemption does not include the land or any improvements which are not part of the multiple-unit housing included in the project, except as specifically allowed herein. In the case of a structure to which stories or other improvements are added or a structure is converted in whole or in part from another use to dwelling units, only the increase in value attributable to the addition of or conversion to dwelling units for the project may be exempt from taxation. The exemption includes parking constructed for the multiple- unit housing construction, addition or conversion. The exemption includes commercial property to the extent that the commercial property is determined to be a public benefit element of a multiple-unit housing construction, addition, or conversion by the Approval Authority. Exemptions run with the property and will continue if the property is sold during its exemption period. (3) At any time, the Council may, by resolution, set a limit on the maximum amount of foregone tax revenue provided as a benefit of the exemption under this section. Provided, however, the maximum amount of foregone tax revenue shall not apply to any decrease or limit the amount of any exemption that was approved before the date a resolution is adopted under this subsection. The authority provided under this subsection includes the authority to adopt a resolution at any time to amend or repeal a limit on the maximum amount of foregone tax revenue previously adopted under this subsection. Attachment 3 Page 5 of 5 HDTE Program Guidelines 1 Housing Diversity Tax Exemption - City of Springfield Program Guidelines The following standards and guidelines expand on program requirements articulated in the Springfield Municipal Code (SMC) sections 3.550-3.558, and in ORS 307.600-637. Prospective applicants should review both the code requirements and these guidelines before applying. Purpose Property tax exemptions are one tool available to incentivize an increase to the supply and diversity of housing. The Housing Diversity Tax Exemption (HDTE) program adopts the Oregon Multiple Unit Property Tax Exemption (MUPTE) for approved housing projects in designated areas of Springfield. The program, enabled by state law, encourages development of new multiple-unit housing in transit-supported and core areas of Springfield by reducing the operating costs for qualified projects during their first several years of operation. Housing made available for rental or sale of individual units is eligible for the exemption. Applicants intending to build multiple-unit low-income rental housing projects may be better served by the Low Income Rental Housing Property Tax Exemption (see SMC 3.500 through 3.508). Exemption Applicants building multiple-unit housing that meets the definition in SMC 3.552 can apply to receive an exemption of property taxes for a period of ten (10) successive years on new residential improvements if program requirements are met. Onsite parking improvements constructed with the multiple-unit housing project are exempted if the parking will be for residents of the multiple-unit housing. Parking that is for commercial tenants and patrons is not exempt. For the exemption to apply to parking, the applicant must demonstrate that parking is for residents through design and/or enforcement in a form acceptable to the Community Development Division. This may include but is not limited to a parking management plan, site plan showing location of resident parking and signage, or operating plan detailing leasing of parking spaces. Ground floor commercial uses fronting on either side of Main Street from 38th Street and Bob Straub Parkway are exempt if they meet the public benefit requirement for Commercial Space listed under OPTION 1 of these program guidelines. Ground floor commercial uses within a mixed-use building with at least five dwelling units are exempt if determined to be a public benefit by the Approval Authority under OPTION 3 of these program guidelines. Eligibility Criteria To be eligible for the exemption, applicants must meet the following minimum criteria: • Applicant has attended a pre-application meeting Attachment 4 Page 1 of 10 HDTE Program Guidelines 2 • Applicant controls (owns or has proof of future ownership) of project site at time of application • The project site is within the city limits • Project will add a minimum of five new dwelling units and meet the definition of “Multiple-Unit Housing” in SMC section 3.552 • Project site is located within an eligible program area as shown in SMC section 3.554 • Project will provide public benefits as outlined in these program guidelines • The construction of the project for which the exemption is sought will be completed on or before the date specified in ORS 307.637 • At completion, the project will conform to the requirements of the Springfield Comprehensive Plan, any applicable refinement plans or functional plans, and the Springfield Development Code, in effect at the time the application for this tax exemption is approved • Project must comply with the Springfield Development Code and not rely on any type of statutory exemption or exception • Applicants receiving system development charge (SDC) payment assistance from the Springfield Economic Development Agency (SEDA) are not eligible for the tax exemption unless the project will have a height of four or more stories upon completion (includes projects that have ground-floor commercial) • Projects on properties abutting Main Street from 38th Street to Bob Straub Parkway may not include any ground floor residential in buildings fronting Main Street. • Projects granted the exemption cannot be designed or used as transient lodging, including but not limited to hotels, motels, Airbnbs, VRBOs, and Short Term Rentals • Projects for which the applicant has already applied for a building permit are not eligible for the exemption Application A complete application must be filed on or before February 1 for consideration of an exemption beginning July 1 of the following assessment year. Any application which does not contain all required information and/or the required fee shall be returned and considered not filed. The City reserves the right to request additional materials from the applicant during its review. At a minimum, the application must contain: • Explanation of why the applicant is requesting the exemption • Preliminary site plans showing major features, including public benefits, as applicable • Legal description of the property • Proof of ownership/site control • Project design elements and planned façade materials • Description of existing use of the property • Justification of the elimination of any existing sound or rehabilitable housing or businesses on the project site Attachment 4 Page 2 of 10 HDTE Program Guidelines 3 • Proposed number of housing units, including a breakdown of the number of units by unit size • Description and preliminary proof of the public benefits to be provided • Description of parking and preliminary proof that parking is for residents if applicant is seeking to include in exemption An application fee will be charged at the time of application and should be made payable to the City of Springfield. Application fees cover the City’s costs for processing the application. If an application is denied, the City will not refund the fee. The Lane County Assessor will collect a separate fee for approved applications to cover its costs for processing the tax exemption. Review Process 1. Before submitting an application, the applicant must attend a pre-application meeting to discuss their plans for meeting the requirements of the program, including provision of public benefits. 2. A complete application must be submitted by February 1 immediately preceding the first assessment year for which the exemption is requested. Applications are accepted on a rolling basis, but applicants are encouraged to coordinate timing with the project’s development applications. Applicants should bear in mind the Lane County Assessor’s assessment date when determining application timing. Tax exemptions will not begin until a project is complete and assessed at its completed value. Applicants may wish to consult with the Lane County Assessor for additional information. 3. The City Manager or designee will be the Approval Authority for applications applying for approval under public benefit OPTION 1 or OPTION 2 and will rule on the application within one hundred and eighty days (180) of the City’s receipt of a complete application. Review may require a follow-up meeting with the applicant to clarify or request additional application materials. The Council will be the Approval Authority for applications applying for approval under public benefit OPTION 3. The City Manager or designee will review applications applying for approval under public benefit OPTION 3 and forward a recommendation to the Council to approve, approve with conditions, or deny the application. Review may require a follow-up meeting with the applicant to clarify or request additional application materials. The Council will rule on the application within one hundred and eighty days (180) of the City’s receipt of a complete application. The Council may approve, approve with conditions, or deny the application. The Council may hold a public hearing on the application at its discretion. Final action by the Council shall be by resolution. Applications not acted upon within 180 days of receipt of complete application are deemed approved. Following approval or denial of an application, the City will provide notice to the applicant and Lane County Assessor as provided in ORS 307.621. Attachment 4 Page 3 of 10 HDTE Program Guidelines 4 Prior to issuance of the Certificate of Occupancy, the applicant may be required to record one or more restrictions or other covenants pertaining to the property that reflects any requirements or conditions required in the application approval. 4. The City may require the applicant to provide verification of the project’s public benefits and proof of parking for residents before issuing the Building Permit and/or Certificate of Occupancy. 5. For approved projects, the City Manager or designee may require submission of an annual report during the exemption period to verify the continuation of public benefits and continued conformance with other eligibility requirements. The project owner will be required to allow on-site inspections for the purposes of verifying that the project remains in compliance with its eligibility requirements. Public Benefits In exchange for granting the property tax exemption, the City requires applicants to include public benefits as part of the project. There are three options applicants can choose between to meet the public benefit requirement for the program. OPTION 1: Clear and Objective Criteria The applicant may pick public benefits from the list below to include in the project. The applicant may include two (2) public benefits if at least one benefit is a List A item. The applicant must include three (3) public benefits if all proposed benefits are List B items. These benefits must be in addition to any land use or building code requirements. The timing of City verification is at the discretion of the City. The City Manager or designee will be the Approval Authority for applications applying under OPTION 1. Benefit List A List B Amenities Supporting Bicyclists and Pedestrians Provide at least one element from the following list: • Raised or signalized pedestrian crossing in excess of any requirements and as approved by the Community Development Department • Street lighting in excess of any requirements (one or more) • Create new sidewalk connections in excess of any requirements (100 feet or more of block length) • Convert existing curbside sidewalk to setback sidewalk in excess of any requirements (100 feet or more of block length) Provide at least one element from the following list: • Striping and signage for pedestrian crossing in excess of any requirements and as approved by the Community Development Department • Create new sidewalk connections in excess of any requirements (50 feet to 99 feet of block length) • Convert existing curbside sidewalk to setback sidewalk in excess of any requirements (50 feet to 99 feet of block length) Attachment 4 Page 4 of 10 HDTE Program Guidelines 5 Applicant must show on site plan at application and include letter of support from the Community Development Department. City to verify prior to issuance of building permit and/or certificate of occupancy. Units Accessible to a Range of Household Sizes Project provides a mix of unit sizes. To qualify, must provide at least three different unit sizes. At least 10% of the total number of units must be allocated to each of the three unit sizes. Unit sizes include: live/work1, studio, 1 bed, 2 bed, 3 bed, etc. (Round up decimals to the nearest whole number) Applicant must state plan for providing in application. City will verify during building plan review and at certificate of occupancy. Affordable Housing At least 20% of units (only available for 6+ unit projects) are reserved for households with low incomes (at or below 80% AMI) for the duration of the exemption through: • Master lease with non-profit; OR • Housing Choice Voucher; OR • Similar housing subsidy program (Round up decimals to the nearest whole number) At least 10% of units are reserved for households with low incomes (at or below 80% AMI) for the duration of the exemption through: • Master lease with non-profit; OR • Housing Choice Voucher; OR • Similar housing subsidy program (Round up decimals to the nearest whole number) Applicant must state plan for providing affordable units and include letter of support from sponsoring agency as applicable. Prior to issuance of certificate of occupancy and annually, must submit verification letter, including letter of confirmation from entity issuing vouchers/leases. Amenities Supporting Mass Transit Use Provide at least one element from the following list: • Create new sidewalk to provide connection to a nearby bus stop location in excess of any requirements (100 feet or more of block length) • Installation of bus shelter or enhancement of existing bus shelter Provide at least one element from the following list: • Create new sidewalk to provide connection to a nearby bus stop location in excess of any requirements (50 feet to 99 feet of block length) • Installation and maintenance of trash receptacle at bus stop for duration of exemption Applicant must show on site plan at application and include letter of support from the Community Development Department and/or Lane Transit District (LTD) as applicable. City to verify prior to certificate of occupancy. Dedication of Land or Easement for Public Purpose Dedication or easement to a public agency on the project site which is not otherwise required, but which serves as a public benefit. Examples of dedications/easements that may be acceptable include: pedestrian or bike access path, park space, utility easements. 1 Live/work unit is a dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant (OSSC 202.1). Attachment 4 Page 5 of 10 HDTE Program Guidelines 6 Applicant must show planned location on site plan and submit a letter of support from the public agency verifying the dedication is sufficient. City to verify legal documentation of easement or dedication prior to certificate of occupancy. EV and Micro- mobility Charging Provide Electric Vehicle (EV) charging stations for a minimum of 40% of parking spaces, and a minimum of 2 EV charging stations. Stations may be limited to residents. (Round up decimals to the nearest whole number) Provide micro-mobility charging stations with locking which are accessible to the public. A minimum of 1 space for every 5 units is required with a maximum of 5 spaces required. (Round up decimals to the nearest whole number) Applicant must show on site plan at application. City to verify at building permit and/or prior to certificate of occupancy. Must annually submit report verifying still in use. Offsite ADA Accessibility Create ADA accessible path from front entrance of building to nearest transit stop in excess of any requirements. This could include curb improvements and/or sidewalk panel replacement. Replace existing broken or deteriorated sidewalk to help make ADA connections offsite for a minimum of one block face in excess of any requirements. Applicant must show on site plan at application and include letter of support from the Community Development Department. City to verify prior to certificate of occupancy. Accessible Units2 Where Type A units are required, increase accessibility to fully accessible ADA units; AND where Type B units are required, increase accessibility of at least 60% of Type B units to Type A units. A maximum of 20 Type B units must be upgraded to Type A units to meet this requirement. For projects with different unit sizes (1 bed, 2 bed, etc.), at least one unit of each unit size must be upgraded from Type B to Type A (where applicable). Applicant must explain plan for meeting requirement. City will verify during building plan review and prior to certificate of occupancy . Child Care Center3 Provide Child Care Center onsite. The center may be limited to residents or open more broadly. The applicant must demonstrate how the center will be provided for the duration of the exemption. Applicant must show location of child care center on site and building plans and demonstrate that code requirements for facility are met. Applicant should identify the care provider if available. City to verify prior to certificate of occupancy. Must annually submit copy of certification of child care center. Energy Efficiency/Green Building Project will comply with one of the following certification programs: • Energy Trust New Building Path to Net Zero • LEED Platinum • Earth Advantage Platinum or higher Project will comply with one of the following certification programs: • Energy Trust of Oregon New Building Whole Building • Energy Trust Multifamily Market Solutions Best 2 The terms Type A and Type B are defined in the Oregon Structural Specialty Code. 3 Child care center is defined in ORS 329A.440. Attachment 4 Page 6 of 10 HDTE Program Guidelines 7 • Similar energy certification (applicant will be required to justify how program is similar to one of the above) • LEED Silver or higher • Earth Advantage Silver or higher • Similar energy certification (applicant will be required to justify how program is similar to one of the above) Applicant must show some level of coordination with the certifying agency in application. City to verify prior to issuance of building permit and/or certificate of occupancy. Development or Redevelopment of Underutilized Property Project meets all of the following criteria: • Aggregate development site is at least 0.5 acre. • Project will increase residential density to at least 40% above minimum density requirement for the site or 40% above current density, whichever is greater. Projects that hit maximum allowable density also qualify. • Project must not permanently displace any existing residents or businesses. Project meets all of the following criteria: • Aggregate development site is at least 0.25 acre. • Project will increase residential density to at least 40% above minimum density requirement for the site or 40% above current density, whichever is greater. Projects that hit maximum allowable density also qualify. • Project must not permanently displace any existing residents or businesses. Applicant must demonstrate how requirement is met in application. If there are existing residents or businesses that are temporarily displaced, applicant must demonstrate how they will provide for return of those residents/businesses after completion of pr oject. Within six months of the project’s completion, owner must demonstrate that displaced residents or businesses are back on site or have voluntarily decided to not return. Community Spaces Project includes at least one of the following community spaces which will be open to the public free of charge for at least 30 hours per week for the duration of the exemption. • Community garden with seating • Public plaza or park with seating • Common meeting rooms (can be open to public by reservation) • Rooftop gardens with seating • Playground • Facilities for cultural groups, youths, or seniors Applicant must show facility on site plan and explain how facility will meet requirements for public access. City to verify prior to certificate of occupancy. Must annually submit report verifying still in use. Moderate Income Rental Housing At least 30% of units are reserved at prices affordable to households with moderate incomes (at or below 100% AMI) for the duration of the exemption. Required maximum rent levels to be calculated annually by City. (Round up decimals to the nearest whole number) At least 15% of units are reserved at prices affordable to households with moderate incomes (at or below 100% AMI) for the duration of the exemption. Required maximum rent levels to be calculated annually by City. (Round up decimals to the nearest whole number) Attachment 4 Page 7 of 10 HDTE Program Guidelines 8 Applicant must complete moderate income housing worksheet with application and submit proposed rental prices. Prior to issuance of certificate of occupancy and annually, must submit rent rolls to verify moderate income units. Ground Floor Commercial Space Provide ground floor commercial space fronting on Main Street from 38th Street and Bob Straub Parkway. The commercial space must be in a mixed-use building that includes at least 5 dwelling units above the ground floor, Where multiple buildings in a project meet this definition, the applicant may only count this as one required public benefit. Applicant must show ground floor commercial space on site and building plans and demonstrate that code requirements are met. City to verify prior to building permit and/or certificate of occupancy. Must annually submit report verifying space still in a commercial use. OPTION 2: Fee-in-Lieu for ADA Accessibility The applicant may pay a fee in lieu of including a public benefit in the project which will be dedicated to completing infrastructure projects in HDTE program areas that increase ADA accessibility for the community. The fee will be 10% of the total HDTE tax exemption. Project owners can pay the fee annually during years three through ten of the exemption or may pay upfront with a 5% discount. The City Manager or designee will be the Approval Authority for applications applying under OPTION 2. OPTION 3: Council Proposal The applicant may choose to propose one or more public benefits to include in the project which do not meet the clear and objective criteria listed under OPTION 1. These benefits may be of a similar nature to those listed under OPTION 1 or may be other public benefits that are consistent with ORS 307.600 through 307.637. The burden is on the applicant to explain how the benefit(s) they have proposed meet the program’s requirements. The City reserves the right to exercise discretion in determining whether the proposed public benefits are appropriate for the site and if program requirements have been sufficiently met. The applicant must explain how the proposed benefit(s) further adopted City policies (if any) and demonstrate how they will certify to the City that the public benefit is included in the project. If any other public agencies will be impacted, the applicant should include a letter of support for the benefit from the relevant agency. In most cases, proposed benefit(s) should go above and beyond development requirements. Exceptions should be rare and require justification from the applicant. The Council will be the Approval Authority for applications applying under OPTION 3. Examples of public benefits an applicant may wish to propose include: Attachment 4 Page 8 of 10 HDTE Program Guidelines 9 • Accessibility Features: This may include dwelling units and/or communities designed to allow for aging in place and/or to meet mobility needs. It could also include other accessibility retrofits and upgrades not otherwise required by code. • Community Spaces: Community spaces are locations where people can gather and spend ample time building community. This may include recreation facilities or other community-serving facilities. These may be limited to residents or paying customers if Council finds the proposal provides a sufficient public benefit. • Disaster Resiliency: This may include building to an acceptable above-minimum seismic code standard, building to an acceptable flood standard within the 42nd Street levee impact area, including resilient community spaces (e.g. warming/cooling or cleaner air spaces, emergency food and water supplies), or including emergency shelter space. • Extra Costs Associated with Infill and Redevelopment: This may include development costs that go well beyond the regular cost of development, such as brownfield site remediation, high costs for offsite construction staging, or significant installation or replacement of infrastructure. The applicant should demonstrate the additional cost and include a comparative basis to show how the costs go beyond typical development costs. • Energy Efficiency and Green Building: This may include features such as a significant portion of the building’s energy being provided by renewable energy, reuse of grey water, green roofs, and other similar features. • Tenant amenities: This may include features such as broadband internet connection, and in-unit A/C. • Innovative Material Use/Re-Use: This may include preservation of a building shell or façade of an existing significant or historic building. It could also include significant use of innovative construction materials or techniques such as mass timber, 3D printing, or straw bales. • Public Art: Public art may include the installation of sculptures, murals, or other forms of public art. It may also include galleries or performance venues. • Special Architectural Features: Special architectural features could include extraordinary material use, outstanding architectural design, restoration of missing historical features based on photographic evidence, or similar. • Structured Parking: This may include providing parking for some or all units in a parking structure or as tuck-under parking to address parking needs while helping to create a dense urban form. The criteria used by Council to weigh public benefits proposed under OPTION 3 are: • The proposed public benefit(s) will provide a benefit to the public which is proportional to the exemption requested; and • The public benefit(s) goes above and beyond development requirements, or the applicant has made a compelling argument for an exception; and • The public benefit(s) will extend for at least the duration of exemption; and • The public benefit(s) will be included as part of the construction of the project; and • Staff will be able to verify on-going compliance without notable increase to workload. Attachment 4 Page 9 of 10 HDTE Program Guidelines 10 Monitoring After a project is approved for the exemption, the project owner must continue to comply with program requirements for the duration of the exemption. The owner of a property receiving the HDTE may be required to submit a report annually to the City and must allow on-site inspections verifying the continuation of all conditions of approval, including public benefits. The City or Lane County Assessor may conduct additional monitoring of projects granted the exemption as needed, including following the sale of a project participating in the program which is still within its exemption period. The City Manager or designee shall submit an annual report to Council summarizing the status and fiscal impact of all approved projects within an exemption period. Termination If the City finds that construction of multiple-unit housing was not completed on or before the date specified in these guidelines, or that any provision of ORS 307.600-637, SMC section 3.550-558, or the program guidelines are not being met, or any condition of approval is not being or has not been complied with, the City shall give notice to the property owner and any known lender of the proposed termination of the exemption. The notice shall list the reasons for termination and require the project owner to appear at a time specified by the City (not less than 20 days after mailing the notice) to show cause, if any, why the exemption should not be terminated. For additional guidance on termination of an exemption, refer to ORS 307.627, and ORS 307.631. Extension If the City finds that, due to circumstances beyond the control of an owner who is acting in good faith, the multiple-unit housing cannot be completed by the date specified in these guidelines, it may grant an extension of up to one year for completion of construction. Changes to a Project Following a project’s approval for exemption, the applicant may need to make changes to the project from what was approved due to materials availability, land use requirements, or other unforeseen circumstances. Before making changes, the applicant must contact the City to determine if the changes can be approved. Changes to a project that relate to specific conditions upon which the approval of the application is based will require a new application and approval. Additional Requirements The City may choose to apply additional regulations or requirements on applications at any time. The City may choose to alter or eliminate the tax exemption program at any time. Applications that have been approved before program changes are made will continue under the program guidelines in effect at their time of acceptance. Attachment 4 Page 10 of 10 Housing Diversity Tax Exemption EXEMPTING NEW PARKING AND NEW COMMERCIAL IMPROVEMENTS Attachment 5 Page 1 of 10 Exempting New Parking ▪Springfield can exempt parking that: 1.Is constructed at the same time as the multiple-unit housing, and 2.Will be for residents ▪Pre-existing parking and new parking for commercial tenants/customers cannot be exempt. Attachment 5 Page 2 of 10 Options for Including ▪Highlighted in green ▪Exempt if for residents ▪Must demonstrate at application ▪Parking Management Plan ▪Site Plan (location, numbering, signage) ▪Operating Plan (leasing details) Attachment 5 Page 3 of 10 Exempting New Commercial ▪Springfield can exempt commercial space if: 1.It is a required design element for the HDTE program, or 2.It is considered a public benefit for the HDTE program ▪Existing code requirements that mandate commercial space in a development do not meet this threshold. Attachment 5 Page 4 of 10 Other Work Impacting Zoning ▪Glenwood Master Planning ▪May amend code to make GCMU more flexible for housing and GRMU more flexible for commercial ▪Housing in Non-Residential Areas Code Amendments ▪Will amend code to allow moderate-income housing as part of mixed- use building in commercial districts ▪Climate Friendly Areas (CFA) ▪May require code amendments, plan designation, and/or zoning changes to increase allowance for residential development in CFA Attachment 5 Page 5 of 10 Considerations for Exempting New Commercial ▪Design Element – Not recommended ▪Public Benefit →Above and beyond requirements: Increase minimum commercial requirement, could create barriers →Identify by use: Exempt commercial space based on use, would need more research →Carve out areas: Allow commercial to count in some exemption areas, supports Council direction Attachment 5 Page 6 of 10 Options for Including - 1 ▪Highlighted in grey ▪Public benefit under Option 1 (Clear & Objective) ▪East Main Street: fronting on Main, in a mixed-use building with at least 5 units, ground floor commercial Attachment 5 Page 7 of 10 Options for Including - 2 ▪Highlighted in yellow ▪Public benefit under Option 3 (Council Proposal) ▪Ground floor commercial within mixed-use building ▪Council reviews and decides ▪Criteria for decision ▪Benefit is proportional ▪Goes above and beyond or compelling argument for exception Attachment 5 Page 8 of 10 QUESTIONS 1.Exempt new parking improvements for residents (green highlights)? 2.Exempt new ground floor commercial improvements in mixed-use buildings fronting East Main Street as a public benefit (grey highlights)? 3.Exempt new ground floor commercial improvements in mixed-use buildings as a public benefit when approved by Council (yellow highlights)? Attachment 5 Page 9 of 10 Next Steps ▪2nd Reading – Regular Session tonight ▪Potentially 3rd Reading ▪Program Guidelines by Resolution ▪Establish Fee by Resolution ▪Taxing District Outreach Attachment 5 Page 10 of 10