HomeMy WebLinkAboutOrdinance No. 20389 amended
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COUNCIL ORDINANCE NUMBER 20389
COUNCIL BILL NUMBER 4950
AN ORDINANCE ADOPTING AN AMENDED
URBAN RENEWAL PLAN FOR THE DOWNTOWN
URBAN RENEWAL DISTRICT, FORMERLY THE
CENTRAL EUGENE PROJECT; AND REFERRING
THE PLAN AMENDMENTS TO THE ELECTORS
OF THE CITY AT THE NOVEMBER 6, 2007,
ELECTION.
ADOPTED: August 15, 2007
PASSED: 6:2
REJECTED:
OPPOSED: Bettman, Taylor
ABSENT:
EFFECTIVE: Upon approval by the electors of the City of Eugene
[Ordinance No. 20389, originally passed by the City Council on August
13, 2007, was amended and readopted by the City Council on August
15, 2007. The measure failed at the November 6, 2007, election; the
ordinance therefore did not become effective.]
ORDINANCE NO. 20389
AN ORDINANCE ADOPTING AN AMENDED URBAN
RENEWAL PLAN FOR THE DOWNTOWN URBAN
RENEWAL DISTRICT, FORMERLY THE CENTRAL
EUGENE PROJECT; AND REFERRING THE PLAN
AMENDMENTS TO THE ELECTORS OF THE CITY AT
THE NOVEMBER 6, 2007 ELECTION.
The City Council of the City of Eugene finds that:
A. The Urban Renewal Plan for the Central Eugene Project (the "1968 Plan") was
initially adopted on July 3, 1968 by Resolution No. 257 of the Eugene Urban Renewal Agency,
and on December 19, 1968 by Resolution No. 1609 of the Eugene City Council. The City
Council subsequently amended the Plan by Ordinance No. 19648 on November 8, 1989 (the
"1989 Amendment"), by Ordinance No. 20120 on June 1, 1998 (the "1998 Amendment"), and
by Ordinance No. 20328 on September 13, 2004 (the "2004 Amendment" and together with the
1989 Amendment, the 1998 Amendment and the 2004 Amendment, the "Original Plan" ).
B. The 1998 Amendment was in response to provisions of Measure 50, and the
Council's action grandfathered the district, selected a tax option, set a maximum indebtedness
amount, and specified that tax increment funds only be used for development of a downtown
library, completion of certain existing projects, and paYment of District administrative expenses.
C. The 2004 Amendment expanded the proj ects for which tax increment funds could
be used; created a public advisory committee; and added a requirement of specific Agency
approval for projects greater than $250,000, other than loans.
D. The City Council's 2007 Goals include a goal to facilitate significant
revitalization of downtown. The City Council and the Urban Renewal Agency of the City of
Eugene (the "Agency") have determined that implementation of the West Broadway
redevelopment concept, using urban renewal as a financing tool, is consistent with that goal and
will require a substantial amendment of the Original Plan, and on May 29, 2007 directed the
Agency Director to initiate the process to amend the Original Plan.
E. In accordance with the provisions of ORS 457, the Oregon Constitution, and all
applicable laws and ordinances, the Planning and Development Department of the City of
Eugene has prepared amendments to the Original Plan (the "2007 Amendments") including:
(1) Renaming the Plan "The Urban Renewal Plan for the Downtown Urban
Renewal District";
(2) Increasing the maximum indebtedness amount by $40 million, to a total of
$73 million; and
(3) Extending the termination date from June 30, 2024 to June 30, 2030.
Ordinance - 1
F. The Urban Renewal Agency of the City of Eugene has considered the proposed
2007 Amendments (such 2007 Amendments amending the Original Plan hereinafter referred to
as the "Plan" or the "Urban Renewal Plan") and the accompanying Report on Urban Renewal
Plan for the Downtown Urban Renewal District (the "Report") and has forwarded it to the
Council for adoption.
G. In accordance with ORS 457.085(5), on June 11, 2007, the proposed Plan and the
Report was forwarded to the governing body of each taxing district affected by the Plan.
H. On June 18,2007 the Planning Commission met to review the Plan and Report.
I. After public notice mailed pursuant to ORS 457.120, the Council conducted a
public hearing on July 16, 2007, on the proposed 2007 Amendments. Based on the
recommendations of the Urban Renewal Agency of the City of Eugene, and the Planning
Commission, and the written and oral testimony before the Planning Commission and the
Council, the Council specifically finds and determines that:
(1) The area defined in the Plan is blighted;
(2) The rehabilitation and redevelopment is necessary to protect the public health,
safety or welfare of the municipality;
(3) The Plan conforms to the Metropolitan Area General Plan, State Land Use
Planning Goals, the Downtown Plan, the adopted Growth Management Policies,
the Vision for Greater Downtown Eugene, and other adopted City plans and
policies, including the Council's 2007 Goals, and provides an outline for
accomplishing the urban renewal projects proposed in the Plan;
(4) The Plan provides that the Urban Renewal Agency of the City of Eugene will
prepare, adopt and maintain a Relocation Policy providing for the housing of
displaced persons within their financial means in accordance with ORS 35.500 to
35.530 and, except in the relocation of elderly or disabled individuals, without
displacing on priority lists persons already waiting for existing federally
subsidized housing;
(5) Acquisition of real property is necessary to carry out the purposes and policies of
the Plan;
(6) Adoption and carrying out of the Plan is economically sound and feasible; and
(7) The City shall assume and complete any activities prescribed by the Plan.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Based upon the above findings, which are hereby adopted, the Urban
Renewal Plan for the Downtown Urban Renewal District attached as Exhibit A is approved and
adopted as the urban renewal pIan for the area set forth in the Plan.
Section 2.
(a)
The City Recorder is requested to:
Publish a notice of the adoption of the Plan, in the Register-Guard, a
newspaper published within the City of Eugene and having the greatest
circulation within the City, no later than four days following the date that
this Ordinance is adopted. In accordance with ORS 457.135, the notice
Ordinance - 2
shall contain a statement that the Plan shall be conclusively presumed
valid for all purposes 90 days after its adoption by this Ordinance and that
no direct or collateral attack on the action adopting the Plan may be
commenced thereafter;
(b) Forward a copy of this Ordinance and the Plan to the Urban Renewal
Agency of the City of Eugene, which Agency will cause the Plan to be
recorded in the official records of Lane County, Oregon; and
(c) Forward a copy of this Ordinance and the Plan to the Lane County
Assessor and request that the Assessor perform the duties directed by ORS
457.430 through ORS 457.450.
Section 3. The provisions of Sections 1 and 2 of this Ordinance shall not become
effective unless approved by the electors of the City of Eugene at the City election to be held
concurrently with the statewide election on November 6, 2007.
Passed by the City Council this
15th day of August, 2007
~t*~~^-
City Reco\-&r"
[Ordinance 20389, originally passed by the City Council on August 13,2007, was amended
and readopted by the City Council on August 15, 2007.J
Ordinance - 3
Urban Renewal Plan
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Adopted July 1968
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Urban Renewal Agency of Eugene, Oregon
URBAN RENEWAL PLAN FOR THE CENTRAL EUGENE PROJECT
-DOWNTOWN URBAN RENEWAL DISTRICT
Table of Contents
Part 1 - Text
Section 100 - I ntrod uction........... ..................... ... ............... ... ...... ......... ... .......... ......... ... .. 1
Section 200 - Definitions.......................................................... ... ... ................................. 1
Section 300 - Legal Descriptions............. ..................................... .................................. ~
Section 400 - Goals and Objectives...............................................................................1
Section 500 - Land Use Plan...........................................................................................Q
Section 600 - Project Activities....................................................................................... 6
Section 700 - Methods for Financing the Projects .............. ................................. ......... 12
Section 800 - Annual Financial Statement Required .................................................... 13
Section 900 - Citizen Participation......................................... ....................................... 13
Section 1000 - Non-Discrimination .............................. ................................................. 14
Section 1100 - Recording of this Plan .................... .......................................... ........ .... 14
Section 1200 - Procedures for Changes or Amendments ............................................ 14
Section 1300 - Duration and Validity of Approved Plan. ........... ............ .................. ...... 15
Section 1400 - Maximum Indebtedness..... .,. ... ..................... ... .................................... 16
Part 2 - Exhibits .................................. ... ....................................................................... 17
URBAN RENEWAL PLAN FOR THE
CENTRAL EUGENE PROJECTDOWNTOWN URBAN RENEWAL
DISTRICT
Section 100 - Introduction
The Downtown Urban Renewal District (formerlv known as the Central Eugene Project
Plan}, containing an area of approximately 70 acres within the boundaries of the City of
Eugene, consists of Part 1, text, and Part 2, exhibits. This revised plan has been
prepared by the Planning and Development Department of the City of Eugene and is
formatted in line with Oregon Revised Statutes, ORS Chapter 457, at the request of the
City Council.
The City Council's 2007 Goals include a aoal to facilitate sianificant revitalization of
downtown. The Downtown Urban Renewal District Plan is an essential tool to assist in
this revitalization effort.
Section 200 - Definitions
The following definitions will govern this plan.
Acauisition means the act or process of acquiring fee title or interest other than fee title
of real property (including the acquisition of development rights or remainder interest).
Aaencv or Renewal Aaencv means the Eugene Renewal Agency which in accordance
with ORS Chapter 457 is the official Urban Renewal Agency of the City of Eugene, Lane
County, Oregon.
Bliahted areas means areas which, by reason of deterioration, faulty planning,
inadequate or improper facilities, deleterious land use, or the existence of unsafe
structures, or any combination of these factors are detrimental to the safety, health, or
welfare of the community. A blighted area is characterized by the existence of one or
more of the conditions described in ORS 457.010 (1).
City means the City of Eu'gene, Lane County, Oregon.
County means the County of Lane, State of Oregon.
Develooer means any individual or group which acquires property or which receives
financial assistance for the physical improvement of publicly or privately held structures
and land within the project area.
Downtown Plan The Policies in the Downtown Plan were adopted by the Eugene City
Council in 2004 as a refinement of the Eugene Springfield Metropolitan Area General
Plan.
Downtown District Urban Renewal Plan - Marked for Changes August 15, 2007
1
Exhibit means an attachment, either narrative or graphic, to the plan for the project
area.
ORS means Oregon Revised Statutes (State law). ORS Chapter 457 regulates the
urban renewal process.
Plan means the Urban Renewal Plan for the Centr:lI Eugene ProjectDowntown Urban
Renewal District. The plan consists of Part 1, text and Part 2, exhibits.
Proiect means any undertaking or activity within the contral Eugeno projectDowntown
Urban Renewal District, such as a public improvement, street project, or loan program
which is authorized by and implements provisions set forth in the Urban Renewal Plan.
Plan area means the entire Contral Eugeno ProjectDowntown Urban Renewal District
plan area.
Redeveloper (see Developer) means any individual or group which acquires property or
which receives financial assistance for the physical improvement of publicly or privately
held structures and land within the project area.
Rehabilitation means the act or process of returning a property to a state of utility
through repair or alteration which makes possible an efficient, contemporary use while
preserving those portions or features of the property which are significant to its
historical, architectural, and cultural values.
Report on the plan means the textual material and graphic exhibits required by ORS
457.085 (3) which explains existing conditions, activities, procedures, and proposals of
the plan.
State means the State of Oregon and its various agencies, divisions, and departments.
. Tax increment financina means a method of financing urban renewal projects as
authorized by ORS Chapter 457, which uses the tax revenues generated by the
increased taxable values in a defined area to pay for improvements within that area or
benefiting that area.
Text means Part 1 of this Urban Renewal Plan for the Centr31 Eugene ProjectDowntown
Urban Renewal District.
Downtown District Urban Renewal Plan - Marked for Changes August 15, 2007
2
Section 300 - Legal Descriptions
Legal Boundary
The Control Eugene ProjectDowntown Urban Renewal District includes tRat-an area of
approximately 70 acres as originally established in 1968.
The following is a legal description of the boundary of the Contral Eugene
ProjectDowntown Urban Renewal District plan area:
The project area includes all of the land within the boundaries designated on the Project
Boundaries Map attached as Exhibit A and is described as containing all lots or parcels
of property, situated in the City of Eugene, County of Lane, State of Oregon, bounded
generally as follows:
Beginning at the southwest corner of the intersection of 11 th Avenue and Charnelton
Street in the City of Eugene, Lane County, Oregon, commencing northerly along the
west right-of-way line of Charnelton Street to the point of intersection of the south right-
of-way line of the alley between 10th Avenue and Broadway;
(1) thence, westerly along the south right-of-way line of said alley to the west line
of Lincoln Street;
(2) thence, northerly along the west right-of-way line of Lincoln Street to the point
of intersection of the north right-of-way line of the alley between Broadway
and 8th Avenue if extended;
(3) thence, easterly along the north right-of-way line of said alley to the west
right-of-way line Charnelton Street;
(4) thence, northerly along the west right-of-way line of Charnelton Street to the
northwest corner of the intersection of ih Avenue and Charnelton Street;
(5) thence, easterly along the north right-of-way line of 7th Avenue to the
northwest corner of the intersection of 7th Avenue and Olive Street;
(6) thence, northerly along the west right-of-way line of Olive Street to the
northwest corner of the intersection of 6th Avenue and Olive Street;
(7) thence, easterly along the north right-of-way line of 6th Avenue to the
northeast corner of the intersection of 6th Avenue and Oak Street;
(8) thence, southerly along the east right-of-way line of Oak Street to the
northeast corner of Oak Street and South Park Avenue;
(9) thence, easterly along the north right-of-way line of South Park Avenue
extended to the east right-of-way line of Pearl Street;
(10) thence, southerly along the east line of Pearl Street to the southeast
corner of the intersection of Pearl Street and 11 th Avenue;
(11) thence, westerl"y along the south line of 11th Avenue to the point of
beginning.
Downtown District Urban Renewal Plan - Marked for Changes August 15, 2007
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Section 400 - Goals and Objectives
Goals
The goals of the Central Eugone ProjectDowntown Urban Renewal District Plan are:
1. To improve the function, condition, and appearance of the development area
through:
a. redevelopment and rehabilitation of existing and substandard
buildings;
b. development of new buildings
c. improved access and circulation in the downtown area;
d. provision of pedestrian amenities and open space.
2. To eliminate blight and blighting influences; and
3. To strengthen the economic conditions of the plan area and to improve the
downtown's importance in the region by strengthening its economic base and
to enhance its role as a central location for public and private development
and investment.
Objectives
Development in the Central Eugene ProjectDowntown Urban Renewal District area is
intended to implement the adopted policies contained in the Downtown Plan.
Specifically, the objectives of this plan are:
Land Use
. Promote intensity of use through development of publicly and privately
owned land.
. Strengthen existing retail and seek new retail development for integration
into the downtown area.
. Support existing and potential office development and other employment-
generating uses.'
. Encourage owner-occupied and rental housing or developments which
incorporate housing, in the downtown.
Downtown District Urban Renewal Plan - Marked for Changes August 15, 2007
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Access and Circulation
.
Improve access and entrances into the downtown from the regional
transportation system.
.
Provide better access within the downtown and linkages between
downtown and other major activity centers.
.
Improve the circulation of traffic within the plan area.
.
Provide an adequate site and facilities in support of mass transit to meet
the present and future needs of downtown employees, employers, retailer,
businesses, and other downtown users.
.
Improve access and circulation for bicycles, pedestrians, carpooling, and
other alternative modes of transportation.
· Assist with the construction of new parking structures to meet existing and
future development needs.
· Improve connections between the core' of downtown, the riverfront area,
and the University of Oregon.
Public Facilities and Improvements
· Provide outdoor space downtown for major public gatherings.
· Provide appropriate landscaping, open spaces, rest areas, and other
shopper amenities and conveniences.
· Support the continued development of the downtown public library.
· Construct or reconstruct public improvements that will stimulate nighttime
activity or private investment in the downtown area.
· Improve the water, steam, sewer, and storm drainage system in the plan
area.
· Assist with the construction of public facilities.
· Improved accessibility for people of all abilities, anywhere in the district,
through the removal of architectural barriers, rehabilitation of existing
structures and through the application of design improvements.
Downtown District Urban Renewal Plan - Marked for Changes August 15, 2007
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Rehabilitation
· Encourage repair and rehabilitation of existing buildings within the project
area through grants and low-interest loan programs.
Section 500 - Land Use Plan
The use and development of all land within the Centr31 Eugeno PrejectDowntown Urban
Renewal District Plan area shall comply with the regulations prescribed in the City's
comprehensive plan, zoning ordinance, subdivision ordinance, City charter, or any other
applicable local, State or Federal laws regulating the use of property within an urban
renewal area.
Section 600 - Project Activities
In order to achieve the objectives of this plan, the following activities may be undertaken
on behalf of the City of Eugene by the Renewal Agency, in accordance with applicable
Federal, State, County, and City laws, policies, and procedures.
A. PUBLIC IMPROVEMENTS
1. Street, Curb, and Sidewalk Improvements
Improvements within the renewal area may require the construction of new
street, curb, sidewalks or sidewalk improvements, such as widening, within the
plan area. The Renewal Agency may participate in funding sidewalk and
roadway improvements including design, redesign, construction, resurfacing,
repair and acquisition of right-of way for curbs, streets, and sidewalks, and
pedestrian and bicycle paths. Projects to be undertaken include, but are not
limited to:
· Local street, curb, and sidewalk improvements identified in the Eugene
Capital Improvements Program (CIP), the Vision For a Greater Downtown
Eugene Report, and the Courthouse District Concept Plan.
· Other curb, sidewalk and street improvements identified by the Renewal
Agency.
2. Public Utilities
The development proposed for the renewal area may require the replacement
and construction of water, storm and sanitary sewer facilities, and environmental
mitigations. These improvements may include, but are not limited to:
· Sanitary sewer, water, and storm water system upgrades & replacements
identified in Eugene Capital Improvements Program
Downtown District Urban Renewal Plan - Marked for Changes August 15, 2007
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3. Streetscape Projects
This activity will enable the Renewal Agency to participate in activities improving the
visual appearance of the plan area. These improvements may include, but are not
limited to:
. Accent paving
. Decorative lighting
· Street trees, planters, and landscaping
· Furnishings, including tables, benches, kiosks, telephone booths, drinking
fountains, trash receptacles, bicycle racks
. Street and directional signage
. Public art and water features
. Gateway monuments and landscape features
· Undergrounding of overhead utilities
4. Pedestrian, Bike, and Transit Improvements
These activities will include pedestrian, bicycle and transit connections between the
renewal plan area, the river, public parks, and other areas of Eugene. Activities
may include bicycle parking and storage, transit stops, covered shelters, transit
pullouts, and other related activities which will promote pedestrian, bicycle, and
public transportation uses in the renewal area. These improvements include, but
are not limited to:
. Provide new bike paths or lanes
. Provide pedestrian connections to the downtown, riverfront, and Courthouse
area.
. Provide a more prominent entrance to the downtown at East Broadway
. Provide weather sheltering devices for the protection of pedestrians
. Street lights and traffic control devices
5. Public parks, public plazas, rest rooms, and open spaces
The Renewal Agency may participate in funding the design, acquisition,
construction or rehabilitation of public spaces, or parks or public facilities within the
urban renewal area. Projects to be undertaken include, but are not limited to:
. Walkways and plazas
. Accessibility improvements
6. Public Parking and Public Transportation Facilities
The Agency is authorized to participate in funding the acquisition and construction
and enhancement of public parking and public transportation facilities within the
renewal area. The precise location and type of facilities will be decided after further
study.
Downtown District Urban Renewal Plan - Marked for Changes August 15, 2007
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7. Other Public Facilities
The Agency is authorized to participate in development of public facilities including'
City Hall, police and fire facilities, libraries, recreation centers, conference facilities,
and community centers. These facilities will benefit the renewal area by increasing
public usage of the area, by enhancing protective services, and by stimulating
additional public and private investment in the renewal area. The extent of the
Agency's participation in funding such facilities will be based upon an Agency
finding on the benefit of that project to the renewal area, and the importance of the
project in carrying out Plan objectives. The type and location of these public
facilities will be determined by future study. Potential public facilities to be assisted
include, but are not limited to:
· New Police Building or City Hall
· Library improvements
B. OFF-SITE FACILITIES
To encourage the development or redevelopment of private property within the plan
area, the Agency may construct, install, pay for, or otherwise cause certain off-site
public facilities to be installed or provided when, in the public interest, such action would
benefit and further the objectives of the plan. Potential off-site facilities to be assisted
include, but are not limited to:
· New parking, improvements to existing transportation and other facilities, aM
mass transit stations. and Dublic SDaces.
C. ACQUISITION AND REDEVELOPMENT
1. Intent. It is the intent of this plan to authorize the Renewal Agency to acquire
property within the plan area by any legal means to achieve the objectives of this plan,
and specifically, for any of the purposes listed below.
2. Method. Property acquisition, including limited interest acquisition, is hereby
made a part of this plan and may be used to achieve the objectives of this plan in the
presence of any of the following conditions:
a. Where existing conditions do not permit practical or feasible rehabilitation
of a structure and it is determined that acquisition of such properties and
demolition of the improvements thereon are necessary to remove substandard
and blighting conditions;
b. Where detrimental land uses or conditions such as incompatible uses, or
adverse influences from noise, smoke or fumes exist, or where there exists
overcrowding, or conversions to incompatible types of uses, and it is determined
that acquisition of such properties and demolition of the improvements are
Downtown District Urban Renewal Plan - Marked for Changes August 15, 2007
8
necessary to remove blighting influences and to achieve the objectives of this
plan;
c. Where it is determined that the property is needed to provide public
improvements and facilities as follows:
· Right-of-way acquisition for streets, alleys, or pedestrian ways;
. Property acquisition for public use; and
· Property acquisition for public, off-street parking facilities.
d. Where it is determined that the assembling of land for private development
is necessary to attract new commercial and residential activity or to allow for
expansion or efficient operation of current commercial or industrial activities.
3. Land Acquisition ReQuirinQ Plan Amendments. Land acquisition for any purpose
other than specifically listed in 600-C-2 above, shall be accomplished only by following
procedures for amending this plan as set forth in Section 1200 of this plan. If such plan
amendment is approved by the Eugene Renewal Agency, a map exhibit shall be
prepared showing the properties to be acquired, shall be appropriately numbered, and
shall be included in Part Two as an official part of this plan.
Assembling land for private development where the developer of such land is a person
or group other than the owner of record of such land to be acquired, shall not be
considered as a substantial amendment to this plan. Each such development and the
property acquisition required shall be processed on a case-by-case basis and no such
acquisition shall be undertaken until authorized by the Renewal Agency-:-
D. RELOCATION ACTIVITIES
If the Agency acquires property which is occupied and would cause the displacement of
the occupants in the implementation of the plan, the Agency will provide assistance to
persons or businesses to be displaced. Those displaced will be contacted to determine
their individual relocation needs. They will be provided information on available space
and will be given assistance in moving. All relocation activities will be undertaken and
payments made in accordance with the requirements of ORS 281.045 - 281.105 and
any other applicable laws or regulations. Relocation payments will be made as
provided in ORS 281.060. Payments made to persons displaced from dwellings will
assure that they will have available to them decent, safe, and sanitary dwellings at costs
or rents within their financial means.
The Agency will prepare, adopt, and maintain a Relocation Policy prior to acquiring any
property which will cause displacement.
Downtown District Urban Renewal Plan - Marked for Changes August 15, 2007
9
E. DEVELOPMENT AND REDEVELOPMENT
The Renewal Agency also is authorized to provide loans or other forms of financial
assistance to property owners wishing to develop or redevelop land or buildings within
the renewal area, or to persons desiring to acquire or lease buildings or land from the
Agency. The Agency may assist in the creation of, and participate in, public/private
partnerships that result in development or redevelopment. The Agency may make this
assistance available as it deems necessary to achieve the objectives of this Plan.
Projects receiving Agency assistance may include, but are not limited to:
· Assisting the construction or expansion of job-creating developments
· Assisting in the development of housing and mixed use projects
F. ADMINISTRATIVE ACTIVITIES
1 . The Agency may retain the services of independent professional people or
organizations to provide administrative or technical services such as:
a. Preparation of market, feasibility, or other economic studies;
b. Preparation of design, architectural, engineering, landscaping
architectural, planning, development, or other developmental studies;
c. Providing accounting or audit services;
d. Providing special rehabilitation, restoration, or renovation feasibility and
cost analysis studies;
e. Assisting in preparation of the annual financial report required under
Section 800 of this plan;
f. Providing property acquisition appraisals; and
g. Evaluation of this plan and the success of its activities.
2. The Agency may acquire, rent, or lease office space and office furniture,
equipment, and facilities necessary for it to conduct its affairs in the management and
implementation of this plan.
3. The Agency may invest its reserve funds in interest-bearing accounts or
securities.
4. To implement this plan, the Agency may borrow money, accept advances, loans,
or grants from any legal source, issue urban renewal bonds and receive tax increment
proceeds as provided for in Section 700 of this plan.
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10
G. PROPERTY DISPOSITION AND DEVELOPER OBLIGATIONS
1. Prooertv Disoosition.
All real property acquired by the Agency in the plan area, if any, shall be disposed of for
development for uses permitted in the plan for the specific uses to be permitted on the
real property. Real property acquired by the Renewal Agency may be disposed of to
any other public entity in accordance with this plan. All persons and entities obtaining
property from the Agency shall use the property for the purposes designated in this plan
and comply with other conditions which the Agency deems necessary to carry out the
purposes of this plan.
~ ~Develooer's Obliaations.
Any developer and the developer's successors or assigns within the plan area, in
addition to the other controls and obligations stipulated and required by the provisions of
this plan, shall also be obligated by the following requirements:
a. The Developer shall obtain necessary approvals of proposed
developments from all Federal, State, or local agencies that may have jurisdiction
on properties and facilities to be developed or redeveloped within the plan area;
b. The Developer shall develop or redevelop such property in accordance
with the adopted land use provisions;
c. The Developer shall submit all plans and specifications for construction of
improvements on the land to the Agency for review and distribution to
appropriate reviewing bodies as required by the City and shall comply with all
applicable requirements of existing City codes and ordinances;
d. The Developer shall commence and complete the development of such
property for the uses provided in this plan within a reasonable period of time; and
e. The Developer shall not effect or execute any agreement, lease,
conveyance, or other instrument whereby the real property or part thereof is
restricted in a manner that does not comply with Section 4.613 of the Eugene
Code, 1971.
H. REHABILITATION AND CONSERVATION
1. Intent. It is the intent of this Plan to encourage conservation and rehabilitation of
existing buildings which can be economically rehabilitated. Existing buildings in the plan
area are considered an important asset in maintaining and improving the economic and
cultural environment of the plan area.
Downtown District Urban Renewal Plan - Marked for Changes August 15, 2007
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2. Method. Rehabilitation and conservation may be achieved in two ways:
a. By owner and/or tenant activity, with or without financial assistance;
b. By the enforcement of existing City codes and ordinances.
3. Financial Building Rehabilitation Assistance. The Agency, with funds available to
it, may promulgate rules, guidelines and eligibility requirements for the.purpose of
establishing below-market or market rate loan programs, grants, or other financial
incentives to advance the goals and objectives of the Central Eugene Downtown Urban
Renewal District Plan. Loans, grants or incentives provided by the Agency may be used
for voluntary rehabilitation of buildings, fac;ade improvements, provision of amenities on
private property in compliance with adopted design guidelines and standards,
construction of new buildings, pre-development assistance, connecting to Agency-
provided underground electrical and communication systems, or other activities
approved by the Agency.
I. OWNER PARTICIPATION
It is the intent of the Renewal Agency to provide low-interest loans to assist develop-
ment and redevelopment of private property in the district.
Property owners within the plan area proposing to improve their properties and
receiving financial assistance from the Agency shall do so in accordance with all
applicable provisions of this plan and with all applicable codes, ordinances, policies,
plans, and procedures of the City of Eugene.
Section 700 - Methods for Financing the Projects
The Agency may borrow money and accept advances, loans, grants, and other legal
forms of financial assistance from the Federal government, the State, City, County, or
other public body, or from any source, public or private, for the purposes of undertaking
and carrying out this development plan, or may otherwise obtain financing as authorized
by ORS Chapter 457.
Ad valorem taxes, if any, levied by a taxing body upon the taxable real and personal
property situated in the urban renewal area, shall be divided in accord with and
pursuant to ORS 457.420 through 457.450.
The Agency shall adopt and use a fiscal year ending June 30 accounting period. Each
year the agency shall develop a budget in conformance with the provisions of ORS
Chapter 294 and ORS 457.460 which shall describe sources of revenue, proposed
expenditures, and activities. The Urban Renewal Agency Board of Directors must
approve all projects, other than loans, in excess of $250,000.
Downtown District Urban Renewal Plan - Marked for Changes August 15, 2007
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Section 800 - Annual Financial Statement Required
A. By August 1 of each year, a financial statement shall be prepared and provide
information containing:
1. Amounts of money received during the preceding fiscal year under ORS
457.420 to 457.460 and from indebtedness incurred under ORS 457.420 to
ORS 457.460;
2. The purposes and amounts for which any money received under ORS
457.420 to 457.460 and from indebtedness incurred under ORS 457.420 to
457.460 were expended during the preceding fiscal year;
3. An estimate of monies to be received during the current fiscal year under
ORS 457.420 to 457.460 and from indebtedness incurred under ORS
457.420 to 457.460;
4. A budget setting forth the purposes and estimated amounts for which the
monies which have been or will be received under ORS 457.420 to 457.460
and from indebtedness incurred under ORS 457.420 to 457.460 are to be
expended during the current fiscal year; and
5. An analysis of the impact, if any, of carrying out the urban renewal plan on the
tax collections for the preceding year for all taxing districts included under
ORS 457.430.
B. The statement shall be filed with the City Council and notice shall be published in a
newspaper of general circulation within the City that a statement has been prepared
and is on file with the City and Agency and the information contained in the
statement is available to all interested persons. The notice shall be published once
a week for not less than two successive weeks before September 1 of the year for
which a statement is required in accordance with ORS 457.115. The notice shall
summarize the information required under paragraphs 1 to 4 of this section and shall
set forth in full the information required in paragraph five of this section.
Section 900 - Citizen Participation
The activities and projects defined in this plan, development of subsequent plans,
procedures, activities, and regulations and the adoption of amendments to this plan
shall be undertaken with the participation of citizens, owners, tenants as individuals, and
organizations who reside within or who have financial interest within the project area
together with the participation of general citizens of the city. An advisory committee
authorized by the Urban Renewal Agency Board of Directors will advise on the activities
of this urban renewal district and will periodically evaluate the plan and its
implementation processes.
Downtown District Urban Renewal Plan - Marked for Changes August 15, 2007
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Section 1000 - Non-Discrimination
In the preparation, adoption, and implementation of this plan no public official or private
party shall take any action to cause any person, group or organization to be
discriminated against in a manner that violates Section 4.613 of the Eugene Code,
1971.
Section 1100 - Recording of this Plan
A copy of the City Council's ordinance approving this plan shall be recorded with the
recording officer of Lane County.
Section 1200 - Procedures for Changes or Amendments
The plan will be reviewed and analyzed periodically and will continue to evolve during
the course of project execution and ongoing planning. It is anticipated that this plan will
be changed or modified from time to time or amended as development potential and
conditions warrant, as planning studies are completed, as financing becomes available,
or as local needs dictate. Types of Plan Amendments are:
A. Type One Amendment- Substantial Change Requiring Special
Notice
Type One amendments shall require approval per ORS 457.095, and notice as provided
in ORS 457.120. Type One plan changes will consist of:
1. Increases in the urban renewal area boundary in excess of one percent (1 0/0) of the
existing area of the renewal plan.
2. Increases in the maximum indebtedness that can be issued or incurred under this
plan.
B. Type Two Amendment - Substantial Change Not Requiring Special
Notice
Type two amendments shall require approval per ORS 457.095, but will not require
notice as provided in ORS 457.120. Type two amendments will consist of:
1. The addition of improvements or activities which represent a substantial change in
the purpose and objectives of this Plan, and which cost more than $500,000. The
$500,000 amount will be adjusted annually from the year 2003 according to the
"Engineering News Record" construction cost index for the Northwest area.
2. Any change or provision of this Plan which would modify the goals and objectives or
the basic planning principles of this plan.
Downtown District Urban Renewal Plan - Marked for Changes August 15, 2007
14
Substantial changes shall include, but are not limited to, revisions in project boundaries,
land uses, project activities, street system changes, major relocation of the downtown
transit station, or other elements which will change the basic planning principles of this
plan.
C. Type Three Amendment - Minor Amendment
Minor amendments may be approved by the Renewal Agency in resolution form. Such
amendments are defined as:
1. Amendments to clarify language, add graphic exhibits, make minor modifications in
the scope or location of improvements authorized by this Plan, or other such
modifications which do not change the basic planning or engineering principles of
the Plan.
2. Acquisition of property for purposes specified in Section 600C3 of this plan.
3. Addition of a project substantially different from those identified in Sections 600 of
the Plan or substantial modification of a project identified in Section 600 if the
addition or modification of the project costs less than $500,000 in 2003 dollars.
4. Increases in the urban renewal area boundary not in excess of one percent (10/0).
D. Amendment to the City's Comprehensive Plan or any of its
Implementing Ordinances
Should the City Council amend the City's comprehensive plan or any of its implement-
ing ordinances and should such amendment cause a substantial change to this plan,
the City Council amending action shall cause this plan to be amended provided that the
Planning Commission and City Council approve the amendment. In the event of such
amendment, the text and/or exhibits of this plan, if applicable to this plan, shall be
changed accordingly by duly recorded ordinance.
Section 1300 -- Duration and Validity of Approved Plan
A. Duration of Urban Renewal Plan
This plan shall remain in full force and effect through June 30, ~2030. The Aaencv
shall not issue indebtedness that matures after June 30.2030. and the Plan shall
remain in effect until all indebtedness has been reoaid.
The City Council shall conduct periodic reviews in ~2015 and ~2025. Reviews
will consider extending the duration beyond ~2030; modifying the boundaries;
modifying the maximum indebtedness; and modifying eligible project activities to be
undertaken in the Downtown Urban Renewal District. The review process shall include
a review and recommendation from the Eugene Redevelopment Advisory Committee.
Such review will include a public hearing.
Downtown District Urban Renewal Plan - Marked for Changes August 15, 2007
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B. Validity
Should a court of competent jurisdiction find any word, clause, sentence, section, or part
of this plan to be invalid, the remaining words, clauses, sentences, section, or parts
shall be unaffected by any such finding and shall remain in full force and effect for the
duration of the plan.
Section 1400 - Maximum Indebtedness
A. Maximum Indebtedness
The sum of $33,000,000 was established in 1998 as the maximum amount of new
indebtedness which could be issued or incurred under this Plan after June 1. 1998. The
2007 olan amendment increased the maximum indebtedness amount bv $40 million. to
a total of $73 million.
The maximum indebtedness limit established bv this Section 1400 does not aoolv to or
limit:
1. The obliaation of the Aaencv to oav interest on indebtedness issued or incurred
under this Plan:
2. Anv indebtedness issued to refund indebtedness issued or incurred under this
Plan. to the extent that the refundina indebtedness does not exceed the orincioal
amount of the refunded indebtedness. olus the amount of the refundina
indebtedness that is used to oav costs of the refundina: and
This :unount does not includo funds to pay interest on that indebtedness nor
L.. 4Eunds to repay indebtedness existing on the date of the 1998 amendment.
B. City-Wide Special Levy.
Option One and its city-wide special levy, as described in ORS 457.435(2)(a), were
chosen in 1998 as the method for collecting ad valorem property taxes sufficient to pay
when due, indebtedness issued or incurred to carry out the Urban Renewal Plan for the
Centr31 Eugene ProjectDowntown Urban Renewal District as permitted by section 11
(16), Article XI of the Oregon Constitution.
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16
Part 2 - Exhibits
Exhibit A: Development Plan Boundary
j'th Avenue
8th Avenue'
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--::::--
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loth Avenuo
11th Avenue
6th Avenue
()th Avenue
t r -/
' ^~
L ~J
7th A\'etlUO
[[~ ( trl Q[I
I~DJJ L-LI g LJ
8U1Avt'nuc
nr=-. r I --j ^^. ,'..l r-1 [I
1.--_.1 L, -1... J _.
[J["j [[)C~ ~ J[~ C JU
Broad way
'. i !L'.] r:Jn r~~1 l '~~rl
L-JJ l-.J t:=:=J ~L-J EiJL._
[]f1 DLJ 2jEJ om
lolh Avenue
~L~-I_f-- '~~E'--' .Im r=ln~
- -.-J " '--Jk L. JL-J _ _ -.JL-J g
3-I'~ ,eDr~g,----,,<-gEJ.. rl. ~
jl -. I __-J'~'~' 'L. I'~, -J 'IJ^.,^^.^.^.~I- L'i
ul--J 0 ^^ ^ ^ ~oi>^L __ 0 ^^ ~e.
Hth Avenue'
Downtown District Urban Renewal Plan - Marked for Changes August 15, 2007
17