ORDINANCE NO. SUBSTITUTE 176782 AS AMENDED

Amend Title 17 Definitions, Transit Oriented Development System Development Charge (Ordinance; amend Code Section 17.15.020)

The City of Portland ordains:

Section 1. The Council finds:

1.  Ordinance 171301, passed June 18, 1997, established a Transportation System Development Charge (SDC) on new development and adopted the Transportation System Development Charges Rate Study, dated, June 11,1997.

2.  The Transportation System Development Charge (SDC) ordinance provides an waiver to the SDC for buildings, existing at the time the ordinance was enacted, having 3000 square feet or less of gross floor area when a change in use is proposed.

3.  The SDC waiver for existing buildings of less than 3000 square feet of gross floor area was intended to encourage the adaptive reuse of small buildings and provide opportunities for small businesses to locate or relocate without incurring Transportation System Development charges.

4.  The SDC also provides an incentive for non-vehicular oriented development that encourages the use of transit and other non-motorized forms of transportation through transit oriented development exemptions.

5.  It has become apparent that there are situations where the existing waivers and exemptions do not adequately address the intention of the City to encourage the adaptive reuse of existing buildings and compact development which encourages the use of transit and other non-motorized forms of transportation.

6.  An amendment to the exemption provisions of the SDC would support Council priorities to encourage neighborhood business development, reuse of existing buildings and promote the use of non-motorized forms of transportation.

NOW, THEREFORE, the Council directs:

a.  Section 17.15.020 Definitions. GG is amended as follows:

GG. “Transit Oriented Development” means

1.  All development located within the following subdistricts of the Central City Plan District as shown on Map 510-8 of PCC Chapter 33.510: DT 1 through DT 6-2; UD 1-1 and UD 1-2; RD 3,4,5-1 and 5-2; GH 1; CE 2 and 3; and LD 1-4.

2.  Any development located in any other subdistrict of the Central City Plan District that either:

a.  includes at least 40 units of housing per net acre, or

b.  achieves a floor area ratio of 2 to 1.

3.  Any development located outside the Central City Plan District that is within 500 feet of a street with fixed-route transit service or within *1,000 feet of a light rail station and that either:

a.  includes at least 30 units of housing per acre of site, or

b.  achieves a floor area ratio of 1 to 1, or

c.  is located in a commercial zone where no parking is required by the Planning and Zoning code of the City of Portland and no on-site parking is provided and there are no drive through facilities.

For purposes of this definition, “site” shall include the building footprint and all associated land required for parking, landscaping and the like.

4. Any person or entity who has paid a Transportation System Development Charge who believes that their development, for which a Transportation SDC assessment was paid, deferral agreement or installment contract was entered into after December 31, 2000, would have met the criteria set forth in Chapter 17.15.020(GG) 3 c, as amended above, may make application to the Portland Office of Transportation for a reimbursement of that portion of the SDC which would not have applied had this provision been in effect at the time of original application.

a.  determination as to may who make application and be eligible to receive a reimbursement under section 4 above shall be done in the following manner;

1.  if the transportation SDC assessment for which reimbursement is requested is under a deferral agreement or installment contract with the City of Portland, the request must be from the property owner and the reimbursement will be granted only to the property owner.

2.  if the transportation SDC assessment was paid at the time of building permit issuance, the person or entity who paid the assessment shall be the party eligible for the reimbursement except when the person or entity was the owner of the property assessed and the property subject to the assessment has subsequently been sold in which case the present owner of the property shall be the party eligible to apply for and receive any approved reimbursement.

5.  Approved reimbursements shall only be issued in the form by which they were paid, payments in the form of credit certificate shall be reimbursed in credit certificates, cash or other payments shall be reimbursed by check and reimbursements due to installment contract holders shall be by adjustment to the installment contract. The provisions of Chapter 17.15.060 paragraphs A6,7, and 8 regarding SDC credits shall apply.

6.  When under the provisions of 17.15.020(GG) 3 c. as stated above a reimbursement is approved and the applicant has entered into an installment contract, the Auditor is authorized upon notification from the SDC administrator to cancel the contract or to adjust the amount of the contract to reduce the balance by the amount of new credits applied against the SDC. Interest paid on the installment contract shall not be reimbursed and any accrued interest shall be paid prior to cancellation or adjustment of the contract. For the purposes of computing interest accrual, the date of a complete application for reimbursement shall be considered the last day interest was due if the application is approved.

7.  The application for an SDC credit under this provision shall be submitted on the form provided by the Transportation System Development Charge Administrator. The System Development Charge Administrator may require such proof as he or she finds necessary to establish eligibility for the SDC credit.

 8.  Application for reimbursement credits shall be made within one year of the effective date of this ordinance.

9.  The System Development Charge Administrator shall notify by mail all applicable property owners and make reimbursement forms available within 60 days of passage of this ordinance. The System Development Charge Administrator shall make a determination on any reimbursement request within 45 days of receiving a complete application, and notify the applicant in writing of his or her determination.

10.  There shall be no interest due any person or entity on any amount of the SDC assessment eligible for reimbursement.

11.  The City of Portland shall not be responsible for nor have any responsibility to honor or enforce agreements made by private parties regarding the payment or collection of SDC assessments.

Passed by the Council, JUL 31 2002

GARY BLACKMER

Commissioner Jim Francesconi  Auditor of the City of Portland

Donald Gardner:slg              By /S/ Terry Reisz

July 24, 2002

Amend Title 17 to modify SDC Charges-fix TOD.doc              Deputy

BACKING SHEET INFORMATION

AGENDA NO. S-903, S-959-2002

ACTION TAKEN:

JUL 24 2002 SUBSTITUTE PASSED TO SECOND READING AS AMENDED JUL 31 2002 9:30 A.M.

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. SUBSTITUTE 176782 AS AMENDED