HomeMy WebLinkAboutA030 - Council Action Form dated November 23, 2010 ITEM # 24a&b
DATE: 11-23-10
COUNCIL ACTION FORM
SUBJECT: AMENDMENT OF CAMPUSTOWN URBAN REVITALIZATION AREA PLAN
BACKGROUND:
In order to reduce danger to life and property, the City requires that certain types of existing
buildings install fire sprinkler systems. These existing buildings were selected based on use
and other factors, and include nursing homes, dormitories, buildings that are impractical to
evacuate, and high rise structures(i.e., those greater than 75 feet in height). If installing the fire
sprinkler system adds more than 5% to the value of a building, the City Council has agreed to
provide abatement of the property taxes on this added value for up to ten years.
The ten story residential building at 111 Lynn Avenue is subject to this City requirement and a
fire sprinkler system is being installed.The property ownerwould like to applyfortax abatement.
Several Greek houses ("dormitories") have received tax abatement for property improvements
that included fire sprinkler systems. The City Council approved these abatements during the
annual consideration of tax abatement applications because the Greek houses were all within
the existing East University Urban Revitalization Area. Property improvements that include
installing fire sprinkler systems qualify for tax abatement in the East University Urban
Revitalization Area. However, 111 Lynn Avenue is within the Campustown Urban Revitalization
Area,where property improvements that include installing fire sprinkler systems do not currently
qualify for tax abatement (see Attachment A).
City Council is now being asked to begin the process to revise the Campustown Urban
Revitalization Plan to add property improvements that include installing fire sprinkler systems.
The existing Campustown Criteria Matrix is attached. The amendment would add the criteria as
described in the attached "Urban Revitalization Sprinkler Retrofitting Criteria."
If these criteria were added to the Campustown Urban Revitalization Plan, then to become
eligible for tax abatement the owners of 111 Lynn would only need to show that they have
completed improvements that include the required fire sprinkler system. They would then be
included in the annual review and approval by the Council in February 2011. The tax
abatements approved through these processes would apply to the value of any and all
improvements, not just sprinkler systems, if the added value is at least 5% of the value before
the improvements. Abatement is available over three, five, or ten years. It is not known at this
time if this project will increase the value of 111 Lynn by at least 5%.
Staff is not aware of any other existing buildings within the Campustown URA for which the
City's Fire Code will require fire sprinkler systems.
This action will lead to involve publishing a legal notice, as well as providing written notice of the
public hearing to all property owners within the Campustown Urban Revitalization Area. This
notice will include a description of the revision being made to the Campustown Urban
Revitalization Plan, and that it appears to only apply to the 111 Lynn Avenue property.
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Notices for hearings on Urban Revitalization Plans are usually mailed to all occupants within the
Urban Revitalization Area, but state law allows the City Council to waive this part of the notice
requirement "for good cause." The proposed addition of fire sprinkler criteria to the Plan for
which only one building is likely to qualify will not affect the hundreds of apartment residents in
the Campustown Urban Revitalization Area. If City Council agrees that this is good cause, it
should also approve a motion waiving the mailing of the hearing notice to occupants in
the Campustown Urban Revitalization Area.
ALTERNATIVES:
1. The City Council can set the date of public hearing for December 14, 2010, to amend the
plan for the Campustown Urban Revitalization Area to qualify fire sprinkler retrofit
improvements for tax abatement, and waive the mailing of hearing notice as described
above.
2. The City Council can set the date of public hearing for December 14, 2010, to amend the
plan for the Campustown Urban Revitalization Area to qualify fire sprinkler retrofit
improvements for tax abatement, with modifications.
3. The City Council can decline to set a date of public hearing to amend the plan for the
Campustown Urban Revitalization Area to qualifyfire sprinkler retrofit improvements for tax
abatement.
4. The City Council can refer this request back to staff for additional information.
MANAGER'S RECOMMENDED ACTION:
The owner of 111 Lynn is making a substantial investment to improve safety in that residential
high-rise building and to comply with the City's requirement for a fire sprinkler system retrofit.
The City Council has approved a policy offering partial property tax abatement to property
owners in the East University Urban Revitalization Area under these conditions. Amending the
Campustown Urban Revitalization Plan would be the most efficient means to provide the
abatement.
Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative
#1, setting the date of public hearing for December 14, 2010 to amend the plan for the
Campustown Urban Revitalization Area to qualify fire sprinkler retrofit improvements for tax
abatement, and waiving the mailing of hearing notice as described above.
It is important to emphasize that the change being proposed will apply only to structures
that qualify under the City's current sprinkler retrofitting criteria for tax abatement. In
addition, in order for any property owner to qualify for this abatement, an application
must be submitted to the City prior to the completion of the fire sprinkler and other
improvements.
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Effective Date: July 13, 2010
URBAN REVITALIZATION
SPRINKLER RETROFITTING CRITERIA
Who is eligible for the Program?
Owners of properties of high-rise buildings, dormitories, institutions, and residences with
occupants who have impractical evacuation capabilities will be eligible for this tax abatement
program. The definitions of these categories are as follows:
Existing High-Rises: Buildings having occupied floors located more than 75 feet above
the lowest level of fire department vehicle access.
Institutions: Buildings housing more than 16 persons on a 24-hour basis to be cared
for or provided a supervised environment because of their physical or mental condition,
including hospitals, nursing homes, and assisted living facilities.
Mobility Impaired: Buildings with 16 or more dwelling units of which eight are occupied
by one or more persons who have an impaired evacuation capability. The fire chief, or
his/her designee, shall have the authority to determine whether a person is an occupant
with an impaired evacuation capability as aforesaid, and to conduct a timed evacuation
drill to determine the extent to which an apartment building may contain occupants with
such impaired evacuation capabilities.
Dormitories: A building in which sleeping accommodations are provided for more than
16 persons,who are not related by marriage or consanguinity, in one room or a series of
closely associated rooms, with or without meals.
What type of improvement must be accomplished?
In order to qualify for the Tax Abatement Program, the property owner must install an
International Building Code/International Fire Code (2003) compliant sprinkler system.
How long is the abatement incentive available?
In order to be considered for the tax abatement program, the installation of a Code compliant
sprinkler system must be completed prior to October 1, 2011.
What improvements will be eligible for tax abatement?
For existing buildings, tax abatement will be given for the installation of a sprinkler system in
accordance with Section 403.2 of the 2003 International Building Code and Section 903 of the
2003 International Fire Code and for any other improvements that are made as part of the same
construction project where the value has been increased by at least 5%.
NOTE: Greek houses within the East University Impacted Urban Revitalization Area may apply
with that program application packet.
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