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HomeMy WebLinkAboutOrdinance No. 20313 COUNCIL ORDINANCE NUMBER 20313 COUNCIL BILL NUMBER 4863 AN ORDINANCE ADOPTING AMENDED RIVERFRONT URBAN RENEWAL DISTRICT PLAN ADOPTED BY ORDINANCE NO. 19352 ON SEPTEMBER 11, 1985. ADOPTED: March 10, 2004 PASSED: 6/2 REJECTED: OPPOSED: Bettman, Taylor ABSENT: EFFECTIVE DATE: April 9, 2004 ORDINANCE NO. 21)313 AN ORDINANCE ADOPTING AMENDED RIVERFRONT URBAN RENEWAL DISTRICT PLAN ADOPTED BY ORDINANCE NO. 19352 ON SEPTEMBER 11, 1985. The City Council of the City of Eugene finds that: A, On September 11, 1985, the City Council passed Ordinance No. 19352 adopting the Riverfront Research Park Urban Renewal Plan ("the Plan"). B. In accordance with the provisions of ORS 457, the Oregon Constitution, and all applicable taws and ordinances, the Planning and Development Department of the City of Eugene has prepared amendments to the Plan including: (1) Changing the name of the urban renewal area from "Riverfront Research Park Urban Renewal Area" to "Riverfront Urban Renewal Area;" (2)Adding 24.6 acres of land to the renewal area; (3) Expanding and revising the list of project activities to be undertaken under the Plan amendment; (4) Providing new cost estimates of project activities to be undertaken under the Plan amendment; (5) Establishing a maximum indebtedness amount and extending the duration of time required to pay off proJect indebtedness to the year 2024; and (6) Providing new information on the impact that carrying out the Plan will have on other taxing bodies under Measure 50, C. 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. D. in accordance with ORS 457.085(5), on January 2, 2004, the proposed Plan and accompanying Riverfront Urban Renewal District Report ("the Reports') was forwarded to the governing body of each taxing district affected by the Plan. The only governing body to respond was the Board of County Commisstoners. The Board discussed the issue and then referred it to the County's Economic Development Standing Committee. The Committee met with city staff and then forwarded three recommendations to the City Council: (1) include in the district boundary the two blocks between Oak and High Streets and 5th and 6th Avenues; (2) include as a possible project a joint govermnent facility site; and (3) include parking Facilities I¥r patrons and employees of businesses and govermnent. Except as the Plan has been amended to include one or more of these recommendations, they are rejected. E. On January 12, 2004, the Planning Commission had its final review of the Plan and Report and recommended its adoption. Ordinance- 1 F. Pursuant to ORS 457.120, notice advising that a public hearing would be held on February 9, 2004, to consider an ordinance concerning adoption of the amended Plan was mailed to each owner of real property located in the municipality. GQ After public notice, the Council conducted a public hearing on February 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 arid 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 Greenway Plan, the Economic Diversification Plan~ the Riverfront Park Study, and other adopted City plans and policies, 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 Riverfront Urban Renewal District Plan 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 Ordinance - 2 (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. Passed by the City Council this Approved by the Mayor this 10th day of March, 2004. ~!~th day~°f~-.Marc~. ~ 2004. Ordinance - 3 RIVERFRONT URBAN RENEWAL DISTRICT PLAN Originally Adopted September 11, 1985 By Eugene City Council Ordinance No. 19352 Amended March 10~ 2004 By Eugene City Council Ordinance No. 20313 Prepared by the City of Eugene Planning and Development Department in Cooperation with the Finance D~vision. RIVERFRONT URBAN RENEWAL DISTRICT PLAN Originally Adopted September 11~ 1985 Amended March 10~ 2004 TABLE OF CONTENTS Page Part [ Sectaon 100 Introduction 3 Section 200 Definitions 3 Section 300 Legal Boundary Descrlpnon 4 Section 400 Goals and Objectives 5 Section 500 Land Use Plan 7 Section 600 Prql ect Actiwt~es 8 Sectmn 700 Methods for Financing the Projects 13 Section 800 Annual Financml Statement Required 13 Section 900 C~tizen Part~c~patmn 14 Section 1000 Non-Discrimination 14 Sectmn 1100 Recording of Th~s Plan 14 Section 1200 Procedures for Changes or Amendments In the approved 14 Plan Section 1300 Maximum Indebtedness of the Plan 15 Section 1400 Dttrat~on and Vahdlty of Approx'ed Plan 16 Part H Exhibits A. Development Plan Bomndary -Page RIVERFRONT URBAN RENEWAL DIST~CT PLAN Part 1. Section 100--Introduction The R~verfront Urban Renewal D~str~ct, pertaining to an area of approximately 178 acres within the boundaries of the city, consmts of Part 1, Text and Part 2~ Exhibits. Thru plan has been prepared by the Planmng and Development Department of the City of Eugene pursuant to the prows~ons found w~thin the Oregon Revised Statutes, ORS Chapter 457, the Oregon Constitution, and all apphcable laws and ordinances. Section 200--Definitions The fbllow4ng definlt~ons w~ll govern thts plan unless the context otherwise reqmres. Acqms~tmn means the act or process of acquiring fee t~tle or interest other than fee t~tle of real property (~nclud~ng the acquisition of development r~ghts of remainder interest). Agency or Renewal Agency means the Eugene Renewal Agency which ~n accordance w~th ORS Chapter 457 ~s the officml Urban Renewal Agency of the C~ty of Eugene, Lane County, Oregon. Blighted areas means areas which, by reason of deterioration, faulty planning, inadequate or ~mproper fac~litms, deleterious land use, or the existence of unsafe structures, or any combinatmn of these factors, are detrimental to the safety, health, or welfare of the commumty. A blighted area ~s characterized by the emstence of one or more of the conditions as described in ORS 457.010(1). ~ means the C~ty of Eugene, Lane County, Oregon. Count-~ means the County of Lane, State of Oregon. Dmtr~ct means R~verfront Urban Renewal Plan area Exhibit means an attachment, either nan'at~ve or graphic, to the plan for the plan area. ORS means Oregon Rewsed Statutes (State law). ORS Chapter 457 regulates the urban renewal process. Plan or Development Plan means the Urban Renewal Plan for the Pdverfront Urban Renewal D~stnct area. The plan consists of Part 1, text and Part 2, exhibits. Pro el_~ means any undertaking or act~wty within the R~verfront Urban Renewal D~str~ct project area, such as a pubhc ~mprovement, street projecL or loan program ~vh~ch is authorized by and implements provisions set forth ~n the Development Plan. Plan area means the entire Riverf?ont Urban Renewal D~smct area. Redeveloper means any mdlwdual or group which acqmres property, or which receives financml assmtance for the physical ~mprovement of pubhcly or pr~vately-held structures and 1 and w~thln the plan area. Page 3 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 pomons or features of the property which are s~gniflcant to its historical, architectural, and cultural values. Report on the plan means the textual material and graphic exhibits reqmred by ORS 457.085(3) which explmns ex~st~ng condmons, actlwt~es, procedures, and proposals of the plan. R~verfront Research Park Site means the University of Oregon o~med property within the R~verfront Urban Renewal District area. State means the State of Oregon and 1ts various agencies, &visions, and departments. Tax increment finanmng means a method of finanmng urban renewal projects as authorized by ORS Chapter 457, which uses the tax revenues generated by the ~ncreased taxable values ~n a defined area to pay for ~mprovements w~thin that area. Text means Part 1 ofth~s Urban Renewal Plan for the Rlverfront Research Park. Upper Millrace means that pornon of the Millrace wqth~n the plan area connecting from the W~llamette River to Franklin Boulevard. Section 300--Leeai Boundary Description The following is a legal description of the boundary of the Rlverfront Urban Renewal District area: Begirming at a point which is at the intersection of the east right-of-way line of Hilyard Street with the noah right-of-way line of Franklin Boulevard; thence easterly along the north fight-of-way line of said Franklin Boulevard to the intersection of the west fight-of-way line of knterstate I-5; thence along said west fight-of-way line of I-5 in a northerly direction to the intersection of the south bank of the Willamette River; thence along said south bank of the Willamette RNer in a westerly direction to the east fight-of-way line of County Road No. 431 also known as Ferry Street; thence along said east fight-of-way line in a southerly direction to a point on the south fight-of-way line of 4th Avenue (if extended east); thence along said south fight-of-way line in a westerly direction to a point at the intersection of the east right-of-way line of High Street with the south fight-of-way line of 4th Avenue; thence along said east fight-of-way line of High Street in a southerly direction to a point at the intersection of the east right-of-way line of High Street with the north right-of-way line of Southern Pacific Railroad; thence along said noah right-of-way of Southern Pacific Railroad in an easterly direction to the intersection of said noah fight-of-way of Southern Pacific Railroad with the east fight-of-way line of County Road No. 431 also know as Ferry Street; thence along said east right-of-way line in a southerly direction to the south fight-of- way line of 7th Avenue (if extended east); thence along said south fight-of-way in a westerly direction to a point at the intersection of the south right-of-way line of 7th Avenue with the east fight-of-way line of High Street; thence along said east fight-of-way line in a southerly direction to a point at the intersection of the east right-or-way line of High Street with the south right-of-way line of 8th Avenue; thence along said south right-of-way line in a westerly direction to a point at the intersection of said south right-of-way line with the east right-of-way line of Pearl Street; thence along said east fight-of-way line of Pearl Street in a southerly direction to a point at the intersection of said east fight-of-way line with the noah fight-of-way line of 10t~ Avenue; thence along said north right-of-way in an easterly direction to a point at the intersection of said north -Page 4 fight-of-way line with the east right-of-way line of Mill Street; thence along said east right-of-way in a southerly direction to a point at the intersection of the south right-of-way line of 10th Avenue (if extended easterly) with the east right-of-way line of Mill Street; thence along said south right- of-way line (if extended easterly) to a point at the intersection of said south right-of-way line with the east margin of a north-south alley running from 11th Avenue to 10th Avenue, between Ferry Street and Mill Street, thence along said east fight-of-way line of said alley in a northerly direction to a point of intersection with the south margin of the Mill Race; thence along said south margin in a southeasterly direction to a point on the east boundary of that certain tract of land described on document number 2000 WD, 00802, Lane County Oregon Deed Records; said point being the southeast comer of said parcel said point also being the southeast comer of Tax Lot 4000, Assessors Map 17-03-32-23; thence along said east boundary in a northerly direction to a point on the north margin of the Mill Race, said point being the south,vest comer of that certain tract of land describe on Reel No. 1559, Instrument No. 8906959~ Lane County Oregon Deed Records; thence along the south boundary of said tract of land in a southeasterly direction to the southwest comer of Tax Lot 5000, Assessors Map 17-03-32-23, said point also being the southwest comer of that certain tract of land described on Reel No. 721 Instrument No. 53549; thence along the westerly and northerly boundary of said tract of land to its intersection with the west right-of-way line of Patterson Street; thence cantoning east on said northerly line (if extended east) to the east right-of-way line of Patterson Street; thence along said east right-of-way line in a southerly direction to the southwest comer of Lot 7, Hoffman Addition To Eugene; thence along the south boundary of said Lot 7 in an easterly direction to a point on the east bo'andary of said Hoffman Addition To Eugene; thence in a northeasterly direction to the south west comer of that certain tract of land described on Reel No. 1873, Instrument Not s. 9353770-9353772, said point also being the south west comer of Tax Lot 7300, Assessors Map 17-03-32-23, thence along the south boundary of said tract of land in an easterly direction to the east fight-of-way line of Hilyard Street; thence along said east right-of-way line of Hilyard Steer in a northerly direction to the point of beginning. Section 400--Goals and Obiectives for the Riverfront Urban Renewal District Area The goals of the R~verfront Urban Renewal District area are: 1. To improve the function, condition, and appearance of the development area: 2. To ehm~nate ex~st~ng bhght and bhght~ng influences; 3. To strengthen the economic and enwronmental cond~tqons of the plan area and the metropolitan area; 4. To stimulate development act~wty and amemt~es near the new federal courthouse; 5. To stimulate appropriate redevelopment ~n the Rlverfront area currently occupied by EWEB, ~f EWEB relocates m whole or ~n part from this property; To ~mprove connections between the core of downtown, R~verfront, and the Umversity of Oregon; and - Page 5 7. To protect or enhance the riparian area. The development in the Rtverfront Urban Renewal Dlstr/ct area ts intended to play a critical role in the revttahzatton of the metropohtan area's economy by provl&ng a umque opportumty to develop an area that connects downtown Eugene to the Willamette Rtver, connects to Umverstty of Oregon, and wtll house the new fbderal courthouse, The area ts envtsioned to include retail, commercml, housing and recreatmn. More specifically, the pubhc objecnves of this plan are: Land Use o Allow for a mixture of uses consistent with the Courthouse District Concept Plan Allow for a mixture of uses consistent with the P~verfront Park Special Development Dtstnct zomng for Rtverfront Research Park site property w~thin the plan area and for other properties ~dthin the plan area at the request of affected property owners. , Provide for development of land located wtthln the Rlverfront Research Park site area m accordance wtth the condlttonal use permtt review process called for m the Special Development Dtstnct. Transportatton/Access Improve access into and through the Rlverfront Urban Renewal District area by transportation tmprovements consistent with the City of Eugene transportation pohcles, the C~ty's capital tmprovements programming process, the R~verfront Park Study, and the Master Development Stte Plan to be developed for the Riverfront Research Park site. In addressing Eugene's transportation policies, use strategies conststent x~th achtevmg the area-wtde alternative modes goal of 25 to 30%. , Plan and implement safe, direct, and attractive hnkages between the R~verfront Urban Renewal District area, the -Umverslty of Oregon, downtown Eugene, and the river. Improve and construct sate, pedestrian amenities and btkeways between downtown and the plan area and throughout the plan area tn a way that is consistent with adopted transportatton plans and pohc~es, addressing bicycle/pedestrian needs tntegral to the development to and w~tlun the plan area~ - Provide mass transit fac~htms and services to and wtthm the plan area emphasizing improvements that will eztcourage the use of alternative modes while reductng impacts on required parking and public street improvements. Improve ctrculatton to and through the distrtct and coor&nate wtth other transportatton systems. Environment -Page 6 Enhance the natural vegetation along the adjacent bank of the Willamette River by developing an active management plan to protect the r/parian area. o Maintain and improve visual and pedestrian access to and along the upper Millrace, and expand its use for public recreation. , Maintain and enhance the public's physical access to and along the Willamette River, addressing impacts of the plan area development on public open space, in particular the east Mdkace outfall and the bicycle bridges. · Preserve significant clusters of trees such as Black LocusL English Oak, and Red Leaf Plum located along the Willamette River within the plan area: - Support design improvements or rmtlgations that are needed to treat stormwater, protect water quality', or to respond to other environmental protectmn needs. Public Facilities and Services ' Develop public amenities such as pubhc parks, plazas, recreation facdmes~ pedestrian?bicycle paths, parking facilities, etc., within the plan area. · Improve the utility and storm drainage systems in the plan area. Mitigate potential flooding within the plan area for those areas located within the 100 year flood plan. Encourage maintenance and rehabilitation of existing buildings within the plan area through financing programs. Encourage development of new commercial and housing uses through the assembly of land w~thin the plan area. Ensure access throughout the district to the RIverfront Research Park development site through appropriate transportation connections. Section 500--Land [Tse Plan The use and development of all land within the Rtverfront Urban Renewal District area shall comply with the regulations prescribed in the City's comprehensive plan, refinement plans, zoning ordinance, subdivision ordmance, City charter, or any other applicable local, State, or Federal laws regulating the use of property within an re'ban renewal area. The Riverfront Research Park site is designated in the Metro Area General Plan as Umverslty/research. Rlverfront Research Park Special Development D/strict zoning ~s to be applied to that property to achieve the following objectives: 1. Provide long-range direction for furore development within the plan area of the R~verfront Park. Page 7 2. Encourage a broad range of uses that would complement research act~vitms of the University of Oregon as well as provide necessary limited commercml support serwces and opportunmes for multiple-family housing. 3. Allow flex~b~hty ~n future development of the area for Umvers~ty-related uses as well as hmited commercial and residential uses m a supportmg role. 4. Prowde flexibility ~n standards for density, s~te design and bulk, and relationship to the adjacent Willamette River Greenway, 5. Address emdronmental protectmn and mmgat~on needs~ Section 60O-~Proiect Activities In order to achieve the object,yes of this plan, the following actiwties wall be undertaken on behalf of the City of Eugene by the Renewal Agency, m accordance w~th apphcable Federal. State, County, and City laws, policies, and procedures. A, PUBLIC IMPROVEMENTS 1. Street, Curb, and S~dewalk Improvements Improvements xvlthm the renewal area will reqmre the construction of new street, curb, and sidewalks within the plan area. The Renewal Agency may participate in funding sidewalk and roadway ~mprovements including design, redesign, construction, resurfacing, repair and acqmsltion of right-of way for curbs, streets, and sidewalks, and pedestrian and b~cycle paths. Projects to be undertaken include: * Local street, curb, and sidewalk improvements ~dentified ~n the Eugene Capital Improvements Program (CIP) and the Vision For a Greater Downtowm Eugene Report and the Courthouse District Concept Plan. ~ Other curb, s~dewalk and street improvements identified by the Renewal Agency. 2. Public Utihties The development proposed for the renewal area will reqmre the replacement and construction of water, storm and sanitary sewer fhcihnes, environmental m~t~gat~ons, These improvements include: Sanitary sewer, water, and storm water system upgrades & replacements ~dent~fied m Eugene Capital Improvements Program * Pubhc ut~hty improvements necessary to assist in the development of the Federal Courthouse .M~t~gation of stormwater ~ssues relating to the development of the EWEB property 3. Streetscape Projects Th~s activity will enable the Renewal Agency to pammpate m actlvmes lmprowng the wsual appearance of the plan area. These improvements may include: Accent paving Decorative hghtmg Street trees, planters, and lan,dscap~ng Furnishings, ~nclu&ng benches, trash receptacles, b~cycle racks Street and directional slgnage Pubhc art and water features Gateway monuments and Landscape Features Undergroundmg of overhead utilities m the renewal area Page 8 4. Pedestrian, Bike, and Transit Improvements These actiwt~es 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: Provide new bike paths or lanes in the renewal area Provide pedestrian connections to the downtown, rlverfront, and Courthouse area. Provide a more prolmnent entrance to the downtown at East Broadway Improve pedestrian access at the railroad Provide weather sheltering devices for the protection of pedestrians 5. Public Parks 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: e Walkways and plazas ~ Millrace improvements 6. Public Parking and Public Transportation Facilmes The Agency is authorized to participate in funding the acquisition and construction and enhancement of public parking and pubhc transportation facilities within the renewal area. The precise location and type of facilities ,,~11 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 commumty centers. These facilities will benefit the renewal area by increasing public usage of the area~ by enhancing protective services, and by stimulating additional pubhc 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, arid the importance of the project in carrying out Plan objectives. The type and locatton of these public facihties will be determined by future study. Potential public facfll~es to be assisted include: ~ New Federal Courthouse Building * New Police Building or City Hall 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 pubhc facilities to be installed or provided when, in the public interest, such action would benefit and further the objectives of the plan. -Page 9 C. ACOUISITION AND REDEVELOPMENT 1. Intent. It is the ~ntent ofth~s plan to authorize the Renewal Agency to acqmre property within the plan area by any legal means to achieve the objectives of tins plan, and spemfically, for any of the purposes hsted below. 2. Method. Property acqms~tton, including hmited ~nterest acquisition, ~s hereby made a part of thru plan and may be used to achieve the object~ves of this plan ~n the presence of any of the following conditions. a. Where emstmg conditions do not permit practmal or feasible rehabdltat~on of a structure and it is determined that acqms~non of such propemes and demolmon of the ~mprovements thereon are necessary to remove substandard and bhghting con&tions; b. Where detrimental land uses or conditions such as ~ncompat~ble uses, or adverse ~nfluences from nmse, smoke or fumes exist, or where there exists overcrowding, or conversions to ~ncompatible types of uses, and it is determined that acqmsltlOn of such properties and demolition of the ~mprovements are necessary to remove blighting influences and to achieve the obJect,yes ofth~s plan; c. Where ~t is determined that the property ~s needed to provide public ~mprovements and facditms as follows: 1. R~ght-of-way acqmsmon for streets, alleys, or pedestrian ways; 2. Property acqmsmon for pubhc use; and 3. Property acqms~tion for pubhc, off-street parking famhties. d. Where ~t ~s determined that the assembbng of land for private development ~s necessary to attract new commermal and residential activity or to allow for expansion or efficient operation of current industrial actlvit~es. 3. Land Acquisition Requiring Plan Amendments. Land acquismon for any purpose other than spemfically listed ~n 600-C-2 above, shall be accomphshed only by following procedures for amen&ng th~s plan as set forth in Section 1200 of this plan. If such plan amendment is approved by the Eugene Renewal Agency a map exinb~t shall be prepared showing the properties to be acqmred, shall be appropriately numbered, and shall be included m Part Two as an official part ofth~s plan. Assembhng land for private development where the developer of such land ~s a person or group other than the owner of record of such land to be acqmred, shall not be considered as a substantml amendment to th~s plan. Each such development and the property acqulsmon reqmred shall be processed on a case-by-case bas~s and no such acqmsmon shall be undertaken untd authorized by the Renewal Agency: D. RELOCATION ACTIVITIES If the Agency acqmres property which is occupied and would cause the &splacement of the occupants in the ~mplementat~on of the plan, the Agency wdl provide assistance to persons or businesses to be &splaced. Those displaced wall be contacted to determine their in&wduaI - Page 10 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 d~velhngs 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 bmldmgs or land from the Agency. The Agency may make this assistance available as it deems necessary to achieve the objectives of this Plan. Projects receiving Agency assistance may include: Assisting in redevelopment of commercial warehouses in the Courthouse area 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 profbsslonal 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 reqmred under Section 800 of this plan; and f. Providing property acquisition appraisals. 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 ~mplement 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. Page 11 G. PROPERTY DISPOSITION AND REDEVELOPER OBLIGATIONS All real property acquired by the Agency ~n the plan area , if any, shall be disposed of for development for uses permitted ~n the plan at ~ts fair reuse value for the specific uses to be permitted on the real property. Real property acquired by the Renewal Agency may be &sposed of to any other public entity ~n accordance with th~s plan. All persons and entities obtaimng property from the Agency shall use the properVy for the purposes designated ~n this plan and comply w~th other condlt~ons which the Agency deems necessary to carry out the purposes of this plan. 1. Redeveloper's Obhgat~ons. Any redeveloper and Ns successors or asagns w~thln the plan area, ~n ad&tion to the other controls and obhgat~ons stipulated and reqmred of h~rn by the provisions of th~s plan, shall also be obhgated by the following reqmrements: a. The Redeveloper shall obtain necessary approvals of proposed developments from all Federal, State, or local agencies that may have jurls&ct~on on properties and famhtms to be developed or redeveloped within the plan area; b. The Redeveloper shall develop or redevelop such property in accordance w~th the adopted land use proxasions; c. The Redeveloper shall submit all plans and specifications for construcnon of ~mprovements on the land to the Agency for review and dlsmbutmn to approprmte reviewing bo&es as required by the City and shall comply with all applicable reqmrements of ex~st~ng City codes and or&nances; d. The Redeveloper shall commence and complete the development of such property for the uses prowded ~n th~s plan w~thln a reasonable period oft~me; and e. The Redeveloper shall not effect or execute any agreement, lease, conveyance, or other ~nstrument whereby lhe real property or part thereof ~s restricted upon the bas~s of age. race, color, rehgton, sex, marital status, or national origin m the sale. lease, or occupancy thereof. H. REHABILITATION AND CONSER-VATION 1. Intent. It is the ~ntent of th~s Plan to encourage conservatmn and rehabilitation of emst~ng buildings which can be economically rehab~Iltated. Existing bmldmgs ~n the plan area are considered an important asset in mamtmnmg and improwng the economic em~ronment of the plan area. 2. Method. Rehab~htat~on and conservation may be achmved ~n two ways: a. By owner and/or tenant activity, w~th or-without financml assistance; b. By the enforcement of existing C~ty codes and or&nances. 3. Financial Bmldlng Rehabilltatmn Assistance. The Agency, w~th funds avmlable to ~t, may promulgate mles~ guidehnes and ehglinlity reqmrements for the purpose of estabhsh~ng below-market or market rate loan programs, grants, or other financial incentives to advance the goals and object,yes of the R~verfront Urban Renewal District Plan. Loans, grants or incentives prowded by the Agency may be used for voluntary rehab~htat~on of bml&ngs, fagade improvements, provision of amenities on private property in compliance with adopted design gmdelines and standards, construction of new buil&ngs, pre-development assistance, - Page 12 connecting to Agency-prowded underground electrical and communicatmn systems, or other activities approved by the Agency. OWNER PARTICIPATION Property owners within the plan area proposing to ~mprove then' properhes and receiving financial assistance from the Agency shall do so m accordance w~th all apphcable provlsmns of th~s plan and with all apphcable codes, ordinances, pollc~es, plans, and procedures of the C~ty of Eugene. Section 700--Methods for Financin~ the Projects The Agency may borrow money and accept advances, loans, grants, and other legal forms of financml assistance from the Federal government, the State, City, County, or other pubhc body, or from any source, pubhc or private, for the purposes of undertakang 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 ~n the R~verfront Urban Renewal Dismct Plan area, shall be d~wded in accordance w~th and pursuant to ORS 457.420 through ORS 457.450. The Agency shall adopt and use a fiscal year ending June 30 accounting period. Each year the agency shall develop a budget ~n conformance w~th the prov~smns of ORS Chapter 294 and ORS 457.460 which shall describe sources of revenue, proposed expenditures, and act~wtles. The urban renewal agency board of directors must approve all projects, other than loans, in excess of $250,000. Section 800--Annual Financial Statement Recruited A. ORS 457.460 requires a financml statement by August 1 of each year. That statement shall prowde information contmnmg: 1. Amounts actually received dunng the preceding fiscal year under Subsection 4 of ORS 457.440 and from ~ndebtedness incurred under Subsection 6 of ORS 45T440; 2. The purposes and amounts for which any money received under Subsechon 4 of ORS 457.440 and from Indebtedness recurred under Subsection 6 of ORS 457.440 were expended during the preceding fiscal year; 3. An eslnmate of monies to be received during current fiscal year under Subsectmn 4 of ORS 457.440 and from indebtedness ~ncurred under Subsectmn 6 of ORS 457.440; 4. A budget setting forth the purposes and estimated amounts for which the momes which have been or will be received under Subsechon 4 of ORS 457.440 and from indebtedness recurred under Subsection 6 of ORS 457.440 are to be expended dunng the current fiscal year; 5. An analys~s of the ~mpact, if any, of carrying out the urban renewal plan on the tax rate for the preceding year for all taxing bodies included under ORS 45T430. B. The statement shall be filed with the City Council and notice shall be published m a newspaper of general c~rculanon within the cny that a statement has been prepared and ~s on file w~th the Agency and the mformatmn contained ~n the statement ~s available to all interested persons. The not~ce -Page 13 shall be published once a week fbr not less than two consecutive weeks before September 1 of the year for which a statement is required. The notice shall summarize the information required under paragraphs 1 to 4 of this section and shall set forth in full the information required m this section. Section 900--Citizen Participation The activities and projects defined in this plan, development of subsequent plans, procedures, actl¼tms, and regulations and the adoption of amendments to this plan shall be undertaken with the partlclpanon of cmzens, owners, tenants as individuals, and organizations who reside within or who have financial interest within the plan area together with the participation of general citizens of the city. An advisory committee authorized by the renewal agency board of &rectors, will advise on the activities of this urban renewal distr~ct. Section 1000-Non-Discrimination la the preparation, adoptmn~ and implementation of this plan no pubhc officml or private party shall take any action to cause any person~ group or organization to be discriminated against on the basis of age, race, color, rellg~on, sex, marital status, or national orig~n. Section ll00--Recordin~ of This Plan A copy of the C~ty Councd% ordinance approving this plan under ORS 457.095 shall be recorded with the recording officer of Lane County. Section 1200-Procedures for Changes or Amendments in the Approved Riverfront Urban Renewal District Plan 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 condmons warranL as planmng studies are completed, as financing becomes available, or as local needs dictate~ Types of Plan Amendments are: A. Type One Amendment- Substantaal Change Requiring Special Notice Type One amendments shall reqmre approval per ORS 45%095~ and nonce as provided in ORS 457.120. Type One plan changes will consist of: 1. Increases in the urban renewal area boundary m excess of one percent (1%) of the existing area of the renewal plan. 2. Increases ~n the maximum ~ndebtedness that can be issued or incurred under thru plan. - Page 14 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 m ORS 457.120. Type Two amendments will consist of: 1. The addition of improvements or actiwtles 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 mod/fy the goals and objectives or the basic planning principles of this plan. Co Type Three Amendment- Minor Amendment Minor amendments may be approved by the Renewal Agency m 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 modxfications which do not change the basic planning or engineering principles of the Plan. 2. Acquisition of property for purposes specified m 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 m the ur'oan renewal area boundary not in excess of one percent (1%). 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 minor or substantial change to this plan, the City Council amending action shall automatically amend this plan without the Planning Commission or City Council imtlatlng a formal plan amendment procedure pursuant to th~s section. 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 resolution. Section 1300--Maximum Indebtedness of Plan The First Amendment to the Rlverfront Renewal Plan establishes a maximum indebtedness for the Plan. The maximum indebtedness that may be incurred following the adoption of the First Amendment to this plan ~s $34~800,000 (Thirty-four mflhon eight hundred thousand dollars). This amount ~s the prmcxpal amount of such indebtedness and does not include interest or indebtedness incurred to refund or refinancing existing obhgations. In addition, any projects completed with "program revenues" (i.e., non-tax increment funds) are not included m the maxnnum indebtedness lirmt. The Urban Renewal Agency has a prior indebtedness to the City of Eugene in the principal amount of $3,030,000 as of the date of the Fxrst Amendment. This amount ~s also excluded from the maximum indebtedness limit. Changes to the maximum indebtedness will require a Type One Plan Amendment. - Page 15 Section 1400--Duration and Validity of Ao0roved Plan A. Duration of Urban Renewal Plan The tax increment provisions of Section 700 of this plan shall remain in full force and effect until June 30, 2024. B. Validity Should a court of competent jurisdictmn find any word, clause, sentence, section, or part of this plan to be invahd, the remaining words, clauses, sentences, sections, or parts shall be unaffected by any such finding and shall remain in full force and affect for the duraUon of the plan. Section Part 2--Exhibits Exhibit A. Development Plan Bo~.mdary -Page 16