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HomeMy WebLinkAboutItem 4-Ord.on Urban Renewal PlnEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Action: An Ordinance Adopting an Amended Urban Renewal Plan for the Central Eugene Project Meeting Date: September 13, 2004 Agenda Item Number: 4 Department: Planning and Development Staff Contact: Richie Weinman www. cl. eugene, or. us Contact Telephone Number: 682-5533 ISSUE STATEMENT The council is asked to adopt an ordinance that amends the Central Eugene Project Urban Renewal Plan (Downtown UR Plan). BACKGROUND The council is asked to consider amendments to the Central Eugene Project (Downtown) UR Plan. The Eugene Redevelopment Advisory Committee (ERAC) studied the Downtown UR Plan and recommended amendments. The Planning Commission, on June 14, 2004, voted to forward these amendments to the City Council and Urban Renewal Agency (URA). The URA conducted a work session on July 12, 2004. The discussion at the work session resulted in several changes to the draft plan. The council conducted a public hearing on August 9, 2004. Five people testified: four in favor and one opposed to the amendments. At the public hearing, councilors requested responses to the following questions: Councilors Kelly and Bettman asked about the proposed time extension of the district and the justification for a district not coming to a close. There are districts in Oregon and other states that do not have a sunset date. Many communities recognize that the renewal district might be an area that is worthy of long-term assistance, in order to further community goals. Even cities that have successful downtowns, such as Seattle, Portland, or New York, continually provide extra incentives and benefits to counter the market forces, because downtown development is more challenging and expensive than development on the edges of a city or in surrounding communities. The benefits of compact urban growth and downtown development are well-documented. Downtown development, for example, provides the most efficient use of infrastructure and transportation systems. ERAC recommended a 20-year extension of the district. Since the current district is set to end in 2009, ERAC proposed ending the district in 2029, with reviews in 2009 and 2019. Councilor Bettman asked about the proposed language in Section 1200(B) : Type Two Amendments. Paragraph 1 discusses improvements or activities which represent a substantial change in the purpose and objectives of the plan and which cost more than $500,000. Councilor Bettman asked if the $500,000 could be reduced to $250,000 and asked if it was an annual or one-time expenditure. L:\CMO\2004 Council Agendas\M040913\S0409134.doc The threshold number can be changed by the council to $250,000. Because the Type Two amendments must meet both tests (substantial change in the plan's objectives and exceeding $500,000) the amount does not refer to an annual figure, but rather a single amendment or package of amendments. Additional Background on the Process Used to Update the Plan In January 2003, the council began a multi-step process to implement the Vision for a Greater Downtown Eugene. This and the recently updated Downtown Plan include recommendations to enact implementation tools, including using urban renewal as a financing tool. Since January 2003, the new Downtown Plan has been adopted, two property tax exemption programs have been put into place, downtown loan programs have been created, and the Riverfront Urban Renewal Plan was updated. In March 2004, the LIRA voted to forward the proposed amendments to the Downtown UR Plan to other taxing districts, the Planning Commission, and the public for comment. These amendments included: 1) removing the restriction on the use of tax increment funds solely for library projects; 2) extending the district timeline to 2029; and 3) changing the maximum indebtedness. ERAC and the Planning Commission recommended the first two elements but did not recommend changing the maximum indebtedness as part of this amendment process. Other amendments reflect the council's previous direction on projects, method of amending the Downtown UR Plan in the future, and changing language in the plan to conform to current State statutes. As required by State statute, the impacted taxing jurisdictions have been notified and sent a copy of the proposed amendments to the Downtown UR Plan. A Lane County Finance committee that included three commissioners met with City of Eugene staff. While some members lamented the impact of tax increment financing on the County, they did not take a position on the updated plan. In addition to the August public hearing, these amendments have been the subject of significant opportunity for public comment. At each of the public information sessions related to the update of the Downtown Plan, use of urban renewal funding was highlighted as a tool. For example, one event, "Lookin' Forward at Downtown," drew over 125 people during the December 5, 2003, First Friday Artwalk. In addition to visual displays and handouts, staff encouraged comments. That event was advertised in both the Register-Guard and Eugene Weekly. RELATED CITY POLICIES Improving the viability of downtown has been a community and City Council goal, in some form, for decades. The adopted Growth Management Policies, the Vision for Greater Downtown Eugene, the Council's 2001-2002 Vision and Goals Statement, and the new Downtown Plan all include policies or strategies to create a more vital downtown. There is a close relationship between urban renewal goals and these policies. The Downtown Plan, for instance, includes a policy to "use downtown development tools and incentives to encourage development that provides character and density downtown." COUNCIL OPTIONS The council may approve the amendments as recommended, may alter them, or may choose to not approve the amendments. L:\CMO\2004 Council Agendas\M040913\S0409134.doc Amendment language requested by Councilor Bettman: Move to amend Section 1200 (B) (1) to read: "The addition of improvements or activities which represent a substantial change in the purpose and objectives of this plan, and which cost more than ~,~,,,,,,,,,,,¢<~ ~ $250,000. The~,~,,,,,,,,,,,¢<~ ~ $250,000 amount will be adjusted annually from the year 2003 according to the "Engineering News Record" construction cost index for the Northwest area." CITY MANAGER'S RECOMMENDATION The City Manager recommends approving the amendments to the Central Eugene Project Urban Renewal Plan. SUGGESTED MOTION Move to approve an ordinance adopting an amended Urban Renewal Plan for the Central Eugene Project. ATTACHMENTS A. Proposed Ordinance B. Proposed Plan [The proposed plan and report were distributed to the council for the July 12, 2004, work session and the August 9, 2004, pubfic hearing. The plan is attached and if any councilors need an additional copy of the report, they can contact staff, pick up one in the City Council office or locate it onfine at: http.'//www, ci. eugene, or. us/Downtown/urban renewal, htm ] FOR MORE INFORMATION Staff Contact: Richie Weinman Telephone: 682-5533 Staff E-Mail: richie.d.weinman~ci.eugene.or.us L:\CMO\2004 Council Agendas\M040913\S0409134.doc ATTACHMENT A ORDINANCE NO. AN ORDINANCE ADOPTING AN AMENDED URBAN RENEWAL PLAN FOR THE CENTRAL EUGENE PROJECT. The City Council of the City of Eugene finds that: A. The Urban Renewal Plan for the Central Eugene Project (the "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, and by Ordinance No. 20120 on June 1, 1998. B. The 1998 Plan 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 City Council authorized the issuance of City of Eugene bonds to fund a portion of the cost of constructing a new library on February 28, 2000. At the same time, the Council authorized the City Manager to enter into an intergovernmental agreement with the Urban Renewal Agency of the City of Eugene (the "Agency") for the Agency to pay to the City any amounts needed for the library project, including amounts to cover the debt service on the City bonds issued for the library. D. During 2003 the City Council explored several options for implementation of the Vision for a Greater Downtown, including using urban renewal as a financing tool, and on July 25, 2003 directed the Agency Director to initiate the process to amend the 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 Plan including: (1) Expansion of the projects for which tax increment funds can be used; (2) Creation of a public advisory committee; (3) Adding requirement for specific Agency approval for projects greater than $250,000, other than loans; and (4) Adding a limit of $100,000 on the mandate for a public hearing in the event of a plan change. F. The Urban Renewal Agency of the City of Eugene has considered the proposed Plan and Report and has forwarded it to the Council for adoption. G. On June 14, 2004, the Planning Commission had its final review of the Plan and Report and recommended its adoption. L:\CMO\2004 Council Agendas\M040913\S0409134.doc H. In accordance with ORS 457.085(5), on June 28, 2004, the proposed Plan and accompanying Report on Urban Renewal Plan for the Central Eugene Project ("the Report") was forwarded to the governing body of each taxing district affected by the Plan. I. After public notice, the Council conducted a public hearing on August 9, 2004, on the proposed Plan 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 2001- 2002 Vision and Goals Statement, 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 281.045 to 281.105 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 Central Eugene Project attached as Exhibit A is approved and adopted as the urban renewal plan for the area set forth in the Plan. Section 2. The City Recorder is requested to: (a) Publish a notice of the adoption of the Plan amendment, 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 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. L:\CMO\2004 Council Agendas\M040913\S0409134.doc Passed by the City Council this Approved by the Mayor this __ day of ., 2004. __ day of ., 2004. City Recorder Mayor L:\CMO\2004 Council Agendas\M040913\S0409134.doc ATTACHMENT B Urban Renewal Plan For Central Eugene Project (AKA: Downtown Urban Renewal District) Central Eugene (Downtown) Urban Renewal Boundary 6thAvenu1 DRAFT August 9, 2004 Adopted July 1968 - Modified - December 1968 December 1989 June 1998 September 2004 Urban Renewal Agency of Eugene, Oregon URBAN RENEWAL PLAN FOR THE CENTRAL EUGENE PROJECT Table of Contents Section 100- Introduction .................................................................................................................................. - 1 - Section 200 - Definitions ................................................................................................................................... - 1 - Section 300 - Legal Descriptions ........................................................................................................................ - 2 - Section 400 - Goals and Objectives .................................................................................................................... - 3 - Goals .............................................................................................................................................................. - 3 - Objectives ...................................................................................................................................................... - 4 - Land Use .................................................................................................................................................... - 4 - Access and Circulation ................................................................................................................................ - 4 - Public Facilities and Improvements ............................................................................................................. - 5 - Rehabilitation ............................................................................................................................................. - 5 - Section 500 - Land Use Plan .............................................................................................................................. - 5 - Section 600 - Project Activities .......................................................................................................................... - 6 - A. PUBLIC IMPROVEMENTS ............................................................................................................ - 6 - B. OFF-SITE FACILITIES ................................................................................................................... - 8 - C. ACQUISITION AND REDEVELOPMENT .....................................................................................- 8 - D. RELOCATION ACTIVITIES .......................................................................................................... - 9 - E. DEVELOPMENT AND REDEVELOPMENT ................................................................................. - 9 - F. ADMINISTRATIVE ACTIVITIES ................................................................................................ - 10 - G. PROPERTY DISPOSITION AND DEVELOPER OBLIGATIONS ................................................ - 10 - H. REHABILITATION AND CONSERVATION ............................................................................... - 11 - I. OWNER PARTICIPATION ........................................................................................................... - 12 - Section 700 - Methods for Financing the Projects ............................................................................................. - 12 - Section 800 - Annual Financial Statement Required ......................................................................................... - 12 - Section 900 - Citizen Participation ................................................................................................................... - 13 - Section 1000- Non-Discrimination .................................................................................................................. - 13 - Section 1100 - Recording of this Plan ............................................................................................................... - 14 - Section 1200 - Procedures for Changes or Amendments ................................................................................... - 14 - A. Type One Amendment- Substantial Change Requiring Special Notice ..................................................... - 14 - B. Type Two Amendment - Substantial Change Not Requiring Special Notice ............................................. - 14 - C. Type Three Amendment - Minor Amendment ......................................................................................... - 15 - D. Amendment to the City's Comprehensive Plan or any of its Implementing Ordinances ............................. - 15 - Section 1300 - Duration and Validity of Approved Plan ................................................................................... - 15 - Duration of Urban Renewal Plan ................................................................................................................... - 15 - Validity ........................................................................................................................................................ - 15 - Section 1400 - Maximum Indebtedness ............................................................................................................ - 16 - CITY-WIDE SPECIAL LEVY ..................................................................................................................... - 16 - Part 2 - Exhibits ............................................................................................................................................... - 17 - Exhibit A: Development Plan Boundary ....................................................................................................... - 17 - URBAN RENEWAL PLAN FOR THE CENTRAL EUGENE PROJECT Section 100 - Introduction 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. Section 200 - Definitions The following definitions will govern this plan. Acquisition 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). A,qenc¥ or Renewal A,qenc¥ 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. Bli,qhted 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 Eugene, Lane County, Oregon. County means the County of Lane, State of Oregon. 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. 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. 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. DRAFTAMENDMENTS- Urban Renewal Plan For - 1 - Central Eugene Plan means the Urban Renewal Plan for the Central Eugene Project. The plan consists of Part 1, text and Part 2 exhibits. Project means any undertaking or activity within the central Eugene project, 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 Central Eugene Project 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 financin,q 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 Central Eugene Project. Section 300 - Legal Descriptions Legal Boundary The Central Eugene Project includes that area of approximately 70 acres as originally established in 1968. The following is a legal description of the boundary of the Central Eugene Project 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: DRAFTAMENDMENTS- Urban Renewal Plan For - 2 - Central Eugene Beginning at the southwest corner of the intersection of 11th 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 7th 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 11th Avenue; (1 1) thence, westerly along the south line of 11th Avenue to the point of beginning. Section 400 - Goals and Objectives Goals The goals of the Central Eugene Project 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 DRAFTAMENDMENTS- Urban Renewal Plan For - 3 - Central Eugene 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 Project 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. 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. DRAFTAMENDMENTS- Urban Renewal Plan For - 4 - Central Eugene · 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. Rehabilitation · Encourage repair and rehabilitation of existing buildings within the project area through grants and Iow-interest loan programs. Section 500 - Land Use Plan The use and development of all land within the Central Eugene Project 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. DRAFTAMENDMENTS- Urban Renewal Plan For - 5 - Central Eugene 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 (ClP), 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, 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 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 DRAFTAMENDMENTS- Urban Renewal Plan For - 6 - Central Eugene 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. 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 DRAFTAMENDMENTS- Urban Renewal Plan For - ? - Central Eugene 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, and mass transit stations. 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 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. DRAFTAMENDMENTS- Urban Renewal Plan For - 8 - Central Eugene 3. Land Acquisition Requirin,q 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. 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 DRAFTAMENDMENTS- Urban Renewal Plan For - 9 - Central Eugene 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. G. PROPERTY DISPOSITION AND DEVELOPER OBLIGATIONS 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. DRAFTAMENDMENTS- Urban Renewal Plan For - 10 - Central Eugene 1. Developer's Obli.qations. 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. 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 Urban Renewal District Plan. Loans, grants or incentives provided by the Agency may be used for voluntary rehabilitation of buildings, facade improvements, provision of amenities on private property in compliance with adopted design guidelines and standards, DRAFTAMENDMENTS- Urban Renewal Plan For - 11 - Central Eugene 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 Iow-interest loans to assist development 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 457.4(50 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. 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; DRAFTAMENDMENTS- Urban Renewal Plan For - 12 - Central Eugene 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. 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. DRAFTAMENDMENTS- Urban Renewal Plan For - 13 - Central Eugene 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%) 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. 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. DRAFTAMENDMENTS- Urban Renewal Plan For - 14 - Central Eugene 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 (1%). 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 implementing 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 Duration of Urban Renewal Plan This plan shall remain in full force and effect through June 30, 2029. The City Council shall conduct periodic reviews in 2009 and 2019. Reviews will consider extending the duration beyond 2029; modifying the boundaries; modifying the maximum indebted- ness; 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. 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. DRAFTAMENDMENTS- Urban Renewal Plan For - 15 - Central Eugene Section 1400- 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. This amount does not include funds to pay interest on that indebtedness nor funds to repay indebtedness existing on the date of the 1998 amendment. 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 Central Eugene Project as permitted by section 11 (1(~), Article XI of the Oregon Constitution. DRAFTAMENDMENTS- Urban Renewal Plan For - 16 - Central Eugene Part 2 - Exhibits Exhibit A: Development Plan Boundary Central Eugene (Downtown) Urban Renewal Boundary 6th Avenue 6th Avenue 7th Avenue 7th Avenue 8th Avenue 8th Avenue Broadway loth Avenuel. loth Avenue llth Avenue llth Avenue DRAFTAMENDMENTS - Urban Renewal Plan For - 17 - Central Eugene