Ordinance No. 89-23 CITY OF TIGARD, OREGON
OROTIC,Nm M0
Aid ORDINANCE ADOPTING TETE TIGARD CITY CENTER DEVELOPMENT PLAN
WHEREAS, on February 13, 1989, the City Council adopted Ordinance No. 89--05,
establishing the City Cente:,- nevelopment Agency; and.
WHEREAS, on March 6, 1989, the City Center Plan Task Force presented the City
Center Development Plan and Report to City Council; and
WHEREAS, on March 16, 1989, the Tigard City Council received a resolution from
the Tigard Planning Commission recommending approval of the Tigard City Center
Development Plan; and
WHEREAS, pursuant to applicable State and local law, the City of Tigard has
provided public notice and considered public testimony regarding the Tigard
City Center Development Plan on March 27, 1989, April 10, 1989 and September
11, 1989; and
WHEREAS, pursuant to ORS 457.095, the Tigard City Council has reviewed the
Tigard City Center Development Plan and therefore,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Primary obstacles to attracting private development in the area
are: lack of access; poor traffic circulation; lack of
sufficient parking facilities; mixed land uses; under-utilized
land; small individually owned parcels; lack of positive image
and identity; and inadequate public facilities to meet future
growth. The obstacles identified as hindering private
development in the City Center qualify as "blighting conditions"
under ORS Chapter 457.
SECTION 2: The rehabilitation and redevelopment of the City Center area is
necessary to 'protect the public health, safety, and welfare of
the municipality.
SECTION 3: The Tigard City Center Development Plan conforms to the City's
Comprehensive Plan as a whole and provides an outline for
accomplishing the urban renewal projects the City Center
Development Plan proposes.
SECTION 4: Provisions have been made to house displaced persons within their
financial means in accordance with ORS 281.045 to 281.105 and ORS
457.095(4).
SECTION 5: The acquisition of real property provided for is necessary to
implement the plan.
' ORDINANCE NO. S^-;23
Page 1
SECTION 6: The adoption and implementation of the city Center Development
Plan is economically sound and feasible; and
SECTION 7: The City shall assume and complete any activities prescribed it
by the City Center Development Plan.
SECTION 8: The Tigard City Council hereby incorporates by reference the
Tigard City Center Development Plan, attached to this ordinance:
as Exhibit "A", as support for its above-mentioned findings.
SECTION 9s The Tigard City Council hereby adopts the Tigard City Center
Development Plan, pursuant to the provisions of ORS Chapter 457,
and directs the City Recorder to publish notice of the adoption
of this ordinance in accordance with the requirements of ORS
457.115.
SECTION 10: The Tigard City Council further directs the City Recorder to
record a copy of the ordinance approving the Tigard City Center
Development Plan with t`,e recording officer of Washington County,
Oregon, pursuant to ORS 457.125, and directs the City Recorder to
send a copy of this ordinance to the Tigard City Center
Development Agency.
SECTION 11: This ordinance shall be effective 30 days after its passage by
the Council, approval by the Mayor.
PASSED: By vote of the Council members present after
being read by number and title only, this Ilr day of
Of .n.i . , 1989.
Catherine Wheatley, City R der
APPROVED: This `( day of r , 1989.
Gerald R. Edw ;Mayor
Approved as to form:
hisk Attorney /
Date
. ` ORDI.HHANCE NO. 89-
Page 2
TIGARD CITY CENTER
DEVELOPMENT PLAN
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JUNE 9, 1989
CITY CENTER
uEVELOPMENT
PLAN
JUNE, 1989
PREPARED BY MOORE BREITHAUPT AND ASSOC.
CITY COUNCIL CITY CENTER PLAN TASK FORCE
Gerald Edwards - Mayor
Stuart K. Cohen, Chair
R. Michael Marr - Vice Chair
Johnson
Joy Henkle
Carolyn Eadon
Pam Suarez
John Schwartz
Richard Morley
Joe Kaston
Jolynn Ash -- Former Member
William A. Monahan - Former Member s
PROJECT STAFF
Ed Murphy - Community Development Director
Liz Newton - Senior Planner
Duane Roberts - Assistant Planner
Sam
TABLE OF CONTENTS
100. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
200. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
300. LEGAL BOUNDARY DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
400.MISSION STATEMENT AND GOALS OF THE DEVELOPMENT AGENCY FOR
THE CITY CENTER DEVELOPMENT PLAN . . . . . . . . . . . . . . . . . . . . . 10
500. LAND USE PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
600. DEVELOPMENT PLAN ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
700. FINANCING OF DEVELOPMENT PLAN INDEBTEDNESS . . . . . . . . . . . . . . 29-
800. ANNUAL FINANCIAL STATEMENT REQUIRED . . . . . . . . . . . . . . . . . . . . . 31
900. CITIZEN PARTICIPATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
1000. NON-DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
1100. RECORDING OF PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
1200. PROCEDURES FOR CHANGES OR AMENDMENTS IN THE APPROVED
CITY CENTER DEVELOPMENT PLAN . . . . . . . . . . . . . . . . . . 35
1300. DURATION AND VALIDITY OF APPROVED DEVELOPMENT PLAN . . . . . . 37
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CITY OF TIGARD
CITY CENTER DEVELOPMENT PLAN
SE%LTICN 900. INTRODUCTION
Tigard, like many other small cities near major central cities, experienced rapid growth
and development during the 9950-9980 period. Small village-type retail centers,like those
along Main Street, became just one of several commercial developments as new
automobile-oriented shopping complexes and "strip commercial" development occurred
along and near major arterial streets and highways.
In this process the former focal point or"downtown" represented by the Main Street area
has been diluted. Much of tho newer development in the Main Street area has not been
consistent with retaining or enhancing w"downtown"focus or Identity.The existing street
system in and around the area has not been upgraded nor maintained In a condition to
encourage new downtown type businesvas or expose the area to potential customers.
The cumulative result of all these changes is an area that has been designated in city
plans and zona reaps as Central Business District but which has little of the character of
such and too few of the physical facilities to encourage its becoming a Central Business
area. City Council. in recognition of this inconsistency, appointed a City Center Plan
Task Force in 1987 to examine the situation and to recommend to the City Council steps
to Improve the area and enable Tigard to again have an Identifiable City Center. The
Task Force has been aided by considerable staff work picas consultant studies of
transportation, parks, urban design, market analysis and financing. This City Center
Development Plan is the summation of the Task Force's work ove, the past 18
months, and incorporates most of the Task Force recommendations to the City Council.
The Task Force envisions a future City Center of vitality and identity with a park-like
atmosphere.
The Plan has been prepared under the direction of the Task Force in conformity with
certain provisions of state law contained in Article IX of the Oregon State Constitution
and Chapter 457 of the Oregon Revised Statutes which enable this Development Plan to
utilize helpful tools provided for in state law In pursuit of Plan objectives.
110. CITY, AGENCY AND ADVISORY COMMISSION
The Governing Body (Council) of the City of Tigard on February 13, 1989, by Ordinance
No. 89-05, dociared that blighted areas exlst within the City and that there Is a need for
an urban renewal agency to function within the City. The City Council, by approval of
Ordinance No. 89-05, decidred that all powers as provided by law in an urban renewal
agency be exercised by the Council of the City of Tigard, acting as the urban renewal
agency and that it be officially known as the City Center Development Agency.
The relationship between the City of Tigard, art Oregon Municipal Corporation, and the
City Center Development Agency shall be as contemplated by Chapter 457 of the Oregon
Reviser! Statutes. Nothing contained In this Plan, nor the City's.supplying of services or
personnel, nor the budgeting requirements of this Plan shall in any way be construed as
departing from or disturbing the relationship contemplated by ORS Chapter 457.
Further, the CDuncl1. in Ordinance 89-05, created a City Center Development
Commission. The purposes of the Commission Is to assist In Implementation of this City
Center Development Plan, to make recommendations to the City Center Development
Agency,and to help Inform Tigard's citizens, particularly persons doing business,owning
property or residing In the City Center Dwelopment Area,of Plan's content and activities.
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SECTION 200. DEFINITIONS
As used in this Plan, unless the courts require otherwise, the following definitions shall
apply.
201. "ADVISORY COMMISSION' means the City Center Development Adviscry
Commission--a citizens committee consisting of from seven to 12 members
appointed by the Tigard City Council.
202. 'AGENCY" or "DEVELOPMENT AGENCY" means the City Center Development
Agency which, in accordance with provisions of Chapter 457 of the Oregon
Revised Statutes, is the designated Renewal Agency of the City of Tigard.
203. 'AREA°or'DEVELOPMENT ARF " means the geographic area of the City which
encompasses the City Center Development Area conceived pursuant to provisions
of QRS Chapter 457 and as described in Section 300, herein.
204. 'BOARD OF COUNTY COMMISSIONERS" means the governing body of
Washington County, Oregon.
205. 'SLIGHTED 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 or the community. A blighted area Is characterized by
the existence of one or more of the following conditions:
A. The existence of buildings and structures, used or Intended to be used
for living, commercial, Industr€al or other purposes, or any combination
of those uses, which are unfit or unsafe to occupy for those purposes
because of any one or a combination of the following conditions:
1. Defective design and quality of physical construction;
2. Faulty interior arrangement and exterior spacing;
3. Overcrowding and a high density of population;
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4. Inadequate provision for ventilation,light, sanitation,open spaces
' and recreation facilities; or
5. Obsolescence, deterioration, dilapidation, mixed character or
shifting of uses;
B. An economic dislocation, deterioration or disuse of property resulting
from faulty planning;
C. The division or subdivision and sale of property or lots of irregular form
and shape and inadequate size or dimensions for property usefulness and
development;
D. The layout of property or lots in disregard of contours, drainage and
other physical characteristics of the terrain and surrounding conditions;
E. The existence of inadequate streets and other rights-of-way,open spaces
and utilities;
F. The existence of property or lots or other areas which are subject to
inundation by water;
G. A prevalence of depreciated values,impaired investments and social and
economic maladjustments to such ail extent that the capacity to pay
taxes is reduced and tax receipts are Inadequate for the cost of public
services rendered;
H. A growing or total lack of proper utilization of areas, resulting in a
stagnant and unproductive condition of land potentially useful and
valuable for contributing to the public health, safety and welfare; or
L A loss of population and reduction of proper utilization of the area,;
resulting In Its further deterioration and added costs to the taxpayer for
the creation of newpublic facilities and services elsewhere.
206. "CITY" means the City of Tigard, Washington County, Oregon.
207. "CITY CEUTER DEVELOPMENT AREA"means the area as shown in the Map and
as designated in the legal description found in Secfion 300 of this Plan.
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208. "CITY COUNCIL"or"COUNCIL" means the governing body of the City of Tigard.
�- 209. "COMPREHENSIVE PLAN" means the Land Use Pian of the City of Tigard
including all of its policies, procedures and implementing provisions.
210. "COUNTY" means Washington County, Oregon.
211. "EXHIBIT" means an attachment of narrative, map or other graphic, to this
Development Plan and contained herein.
212. "NEW PROJECT" means a project that has a substantially different function than
the project It replaces and has significant economic, environmental, social, or
physical impacts not previously considered by the Development Agency. Minor
changes in design, function, or cost shall not constitute a " new project".
213. "ORS" means Oregon Revised Statutes (State Law). ORS 457 Is the chapter
which regulates the urban renewal of blighted areas within the State of Oregon.
214. "PLAN" or"DEVELOPMENT PLAN" means the City Center Development Plan, an
Urban Renewal Plan of the City of Tigard, Oregon prepared incompliance with
Chapter 457 of the Oregon Revised Statutes.
215. "STATE" means the State of Oregon including Its various departments, divisions
and agencies.
216. "TAX INCREMENT FINANCING" means a method of financing indebtedness
Incurred by the City Center Development Agency In preparing and implementing
the Deve+cpmen: Plan. Such Tax Increment method Is authorized by ORS
sections 457.420 through 457.450 and provides that the tax proceeds, If any,
realized from an increase In the taxable assessed value of real, personal and
public unity property within the Development Area above that existing on the
County tax roll last equalized prior to the filing of this Plan with the County
Assessor, shall be paid into a special fund of the Agency.Such special fund shall
be used to pay the principal and Interest on Indebtedness incurred by the
Agency in financing or refinancing the preparation and implementation of the
approved Development Plan.
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217. "TAXING BODY" means any of the public jurisdictions which levies ad valorem
taxes within the boundaries of the Development Area.
218. `URBAN RENEWAL LAW" means Chapter 457 of the Oregon Revised Statutes as
same exists on the effective date of this Urban Rsnewai Plan or as same may be
amended from time-to-time by action of the Oregon Legislature.
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SECTION 300. LEGAL BOUNDARY DESCRIPTION
301. The legal description of the boundaries of the Development Area are:
A tract of land in the southeast quarter of Section 35, Township 1 South, Range
I West, Willamette Meridian, and Section 2, Township 2 South, Range 1 West,
Willamette Meridian, City of Tigard,Washington County, Oregon,being described
as follows:
Beginning at the northwest comer of Lot 28, Chelsea Hill, a recorded plat,
Washington County Plat Records;thence North 43°02'31"West, 235.81 feet to the
most northerly corner of Lot 54, Chelsea Hill No. 2,a recorded Plat, Washington
County Plat Records; thence South 42°58'08" West, 165.14 feet to the
southwesterly right-of way line of SW Hill Street; thence North 43°36' West, on
said southwesterly right-of way line and its northwesterly extension, 684.24 feet
to the southeasterly line of Lot 20, Viewcrest Terrace, a recorded plat,
Washington County Plat Records; thence North 38°25'05" East on said
southeasterly line approximately 20 feet to the most easterly corner of said Lot
20;thence North 43035'40"West, 455.22 feet to the most northerly corner of Lot
16, said Viewcrest Terrace; thence North 44°10' West, 546.0 feet to the
southeasterly end of SW McKenzie Place (a 40' wide roadway dedicated to the
public in Book 879, Page 212,Washington County Deed Records);thence South
45°55' West,26.68 feet to the most southerly comer of said SW McKenzie Place;
thence North 44007' West on the southwesterly line of said SW McKenzie Place
and Its northwesterly extension approximately 359 feet to he northwesterly right-
of-way line of State Highway 99W (SW Pacific Highway); thence northeasterly,
on said northwesterly right-of-way line, approximately 1735 feet to the most
easterly corner of that parcel shown on County Survey #10102, Washington
County Survey Records; thence northwesterly, on the northeasterly line of said
parcel, 20.28 feet; thence continuing on said parcel boundary the following
courses; northeasterly 11 feet, and North 52008" West, 98.15 feet to the
southwesterly right-of--way line of SW 'Tigard Street (County Road 767); thence
North 65049' West, on the southwesterly right-of-way line of said SW Tigard
Street, approximately 785 feet to the southeasterly right-of-way line of SW Grant
Avenue(County Road 1496);thence northeasterly,approximately 240 feet to the
most westerly comer of Lot 7, Mariell, a recorded plat, Washington County
Survey Records; thence southeasterly, on the northeasterly right-of-mmy line SW
Commercial Street, approximately 950 feet to the southeast line of the John
Hicklin DLC No. 37; thence North 45018' East on said DLC line, approximately
300 feet to the southerly right-of-mmy line of SW Center Street(County Road 972,
being 40 feet wide);thence South 68020' East,on said southerly right-of-way line,
approximately 180 feet to the southwesterly extension of the southeasterly right-
of-way
ight-
of way line of SW Center Street (County Road 1365, being 50 feet in width);
thence northeasterly, on said southeasterly right-of-way line, approximately 500
feet to the most westerly comer of Lot 7, Block 1, Kingston, a recorded plat,
Washington County Plat Records;thence:South 44130' East(on the southwesterly
line of said Lot 7),approximately 60 feet to the northerly right-of-way line of State
Highway 99W (SW Pack Highway); thence northeasterly on said northerly
highway right-of-way line, approximately 1110 feet to the southerly extension of
the east right-of-way line of SW Hall Boulevard at its point of Intersection with the
southerly right-of-way line of said State Highway 99W; thence southerly on the
east right-of-way line of said SW Hall Boulevard, approximately 4380 feet to its
Intersection with the easterly extension of the south right-of-way line of Slid
Omara Street;thence westerly,on said souash right-of-way line,514.89 feet to the
east right-of-way line of SW Edgewood Street; thence South 3°57'38" West, on
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said east right-of-way line, 155.92 feet to the easterly extension of the south right-
of-way line of SW Omara Street; thence North 8757" West, on said south right-
of-way line, 323 feet to the southerly extension of the east line of Chelsea Hill,
a recorded plat, Washington County Plat Records; thence North 3°36'30" East,
on said east line, 571.12 feet; thence North 65054'27" East, on said east line,
571.12 feet;thence North 65°54'27"West 74.22 feet;thence South 48°00'32"West,
89.36 feet to the north right-of-way line of SW Chelsea Loop; thence, westerly on
said north right-of-way lire, on a 140 foot radius nontangent curve concave to
the south (the chord bears North 78°37'14" West, 167.06 feet), thence North
62027'01" West, 149.70 feet; thence South 75°00'West, 90.00 feet to the point of
beginning.
301, Exhibit A. Map of Development Area which shows the area encompassed by the
foregoing legal boundary description.
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PLAN EXHIBIT A
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SECTION 400. MISSION STATEMENT AND GOALS OF THE DEVELOPMENT AGENCY
r FOR THE CITY CENTER DEVELOPMENT PLAN.
401_ MISSION STATEMENT
The mission of the Development Agency is to strengthen the economic vitality
of the City Center of Tigard by elimicaiing blighting conditions and to create a
sense of place and identity as the "Heart of the City" - a vital center of social,
cultural, economic and political activity.
402. GOALS
To accomplish its mission the Development Agency will implement this City
Center Development Plan, the goals of which are:
A. To remove limitations to economic growth in the City Center area
created by existing blighting conditions so that vacant and
underdeveloped properties can realize their full market potentW and be
utilized to their highest and best use consistent with other goals of the
City Center Development Plan:
S. To enwurage and enhance opportunities fol commercial. residential
and select Industrial property to be developed and improved in the City
Center with an empha�ls on establishing a visible and economically active
City Center.
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C. To encourage multi-family housing in the City Center to actively
support commercial development,and add to visible people activities and
movement associated with commercial, social, cultural and recreational
activities in the City Center;
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D. To retain and expand existing businesses in the City Center area to
be compatible with the Development Pian;
E. To provide pedestrian and vehicular transportation access and
circulation systems which support development of the City Center in
accordance with the Development Plan;
F.To encourage a more efficient public transportation system to support
the residential and employment population in the City Center;
G. To ensure that infrastructure and other public facilities within the City
Center are adequate and timely to accommodate current and future
development;
H.To provide a network of public and private open spaces adaptable to
a wide variety of uses. Extend the network of open space from Fanno
Creek Park throughout the City Canter to develop the theme of"the City
In the Park`;
1.To create an atmosphere which Is attractive and encourages Investment
In and occupance of business and residential properties in the City
Center.
J. To ensure that the protection of significant historic and cultural
resources Is considered In Implementation of the City Center
Development Pian.
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403. RELATIONSHIP OF PLAN TO LOCAL OBJECTIVES
T' This Plan is intended to further the objectives of the City Comprehensive Plan.
Further this Plan is intended to improve land uses, traffic flow, access to and
from the Development Area, and improve streets, sewers, storm drain systems,
park areas, public parking and other public facilities.
404. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN
This Plan has been prepared in total conformity with the City's adopted and
acknowledged Comprehensive Plan Including its goals, policies, procedures and
implementing provisions. Comprehensive Plan policies which apply to this plan
are as follows:
Citizen Involvement
2.1.3.The City shall maintain an ongoing citizen involvement program and shall
assure that citizens will be provided an opportunity to be involved In all phases
of the planning process.
Parks, Recreation and Open Space
3.5.3. The City has designated the 300-year floodplain of Fanno Creek, its
tributaries,and the Tualatin River as greemway,which will be the backbone of the
open space systema. Where landfill and/or development are allawed within or
adjacent to the 100-year floodplain, the City shall require the dedication of
sufficient open land area for greenway adjoining and within the floodplain.
3.5.4. The City shall provide an Interconnected pedestrian/bikepath throughout
the City.
3.6.1. Individual park sites, as defined by the Parks and Open Space standards
and classification system shall be developed according to the following priorities.
b. parks should be planned to insure maximum benefit to the greatest
number of local residents. For this reason, acquisition and development
of community level parks should be given the highest priority.
3.7.1 The City shall identify and promote the preservation and protection of
historically and culturally significant structures, sites, objects and districts within
Tigard.
Economy
5.1.1. The City shall promote activities aimed at the diversification of the
economic opportunities available to Tigard residents with particular emphasis
placed on the local job market.
5.1.3. The City shall improve and enhance the portions of the Central Business
District as the focal point for commercial,high density residential, business, civic,
and professional activity creating a diversified and economical:y viable core area.
HOLIsing
6.1.1. The City shall provide an opportunity for a diversity of housing densities
and residential types at various price and rent levels.
Transportation
8.1.1.The City shall plan for a sa"re and efficient street and roadway system that
meets current meds and anticipated future growth and development.
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Downtown
The redevelopment of downtown shall be accomplished In order to make
complementary to newer shopping areas. Convenience, appearance and the
needs of the shopping public should be primary considerations.
11.2.1. Ash Avenue shall be extended across Fanno Creek, enabling access to
the neighborhoods and commercial area without using Pacific Highway. Design
features shall be used to slow traffic and make the street as safe as possible.
Ash Avenue shall be designated as a minor collector in conformance with the
Master Street Plan. Design features and mitigation measures shall hold traffic
volumes to the middle limits of a minor collector.
11.2.2. Improvements to S.W. Ash Avenue from S.W. Hill to Fanno Creek shall
be constructed as a condition of development of adjacent properties.The street
r
Improvements along with the development of a major commercial site will
Increase traffic on Ash. A barricade shall be placed at Hill Street approximately
at the end of the existing pavement to protect the neighborhood residents from
the commercial traffic.
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11.2.3. Method of mitigating the traffic impact on the neighborhood shall include,
in the following order of improvemOnt. construction:
Improving S. W. McDonald Street to interim Maintenanc;'io ex a
rds to
a. to Hai!
encourage traffic from south of McDonald to use McDonald
and/or Pacific Highway. these
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b improvements to the residential portion of Ash delineation
e ne tion oHill m ft ffic lanes
improvements could Include limited parking, d
and sidewalks on one or both sides of the street.
C. The extension of S. W Hill to S.W Omara and/or the improvement of
S.W. Ash from Frewing to Garret.
d. The extension of S.W. Omara to S.W. Hill parallel to S.W. Ash.
emoval of the barricade in place on Ash Avenue at S.W. Hill.
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improvement of S.W. On:am Street
to interim maintenance standards to
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encourage an alternate route.
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SECTION 500. LAND USE PLAN
The use and development of all land within the City Center Development Plan
shall comply with provisions of the City's Comprehensive Plan and all of its
applicable implementing provisions. The Comprehensive Plan is the City's
acknowledged Plan as required by State Law.
501. LAND USE DESIGNATIONS
The land use designations of the City's Comprehensive Plan which affect the
City Center Development Area are described in Chapter 18.66 of the City's
Development Code,which is Incorporated by reference. The purpose of the CBD
zoning district is to provide for a concentrated, central commercial office and
retail area which also provides civic, high density residential and mixed uses.
The CBD zoning allows for 40 residential units per acre except within the area
south of i=anno Creek, defined as follows:
"All lands bounded by Fanno Creek,Hall Blvd., Omara,Ash Ave.,
and Hill Street shall be designated for 12 residential units per
acre."
The maximum height for residential uses is 60 feet.
There are no floor/area ratios set forth In the CBD development code
requirements for non-residential uses.Dimensional requirements allow for building
heights are as follows:
"Except as otherwise provided in Section 18.98
(BUILDING HEIGHT UMITATIONS), no building in the
CD6 zone shall exceed 80 feet in height.'
There are no lot area or width requirements and no minimum setbacks.
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502. COMPLIANCE WITH CITY'S DEVELOPMENT CODES
The City's Development Code including the Building and Safety Codes as they
exist on the effective date of this Plan or as they may be amended from time to
time, are hereby made a part of this Plan as though included herein in full. All
development and redevelopment within the City Center Development Area shall
comply with all provisions of the City's Development Codes including the Zoning,
and Building and Safety Codes regarding maximum densities and building
requirements.
503. LAND USE COMPLIANCE
The use, development or redevelopment of all land within the Development Area
shall comply with the provisions of the City's Comprehensive Plan, implementing
Ordinances, codes, policies, and regulations described in Sections 501 and 502
above.
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PLAN EXHIBIT B
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SECTION 603. DEVELOPMENT PLAN ACTIVITIES
To achieve the goals and objectives of this Plan, the following projects and
activities, subject to the availability of appropriate funding,may be undertaken by
the Development Agency, or caused by it to be undertaken by others, in
accordance with applicable Federal, State, County and City laws, policies and
procedures, and in compliance with provisions of this Plan.
Where project/activity descriptions include specifically named components, it is
for identifying the type,quality or scale of the project or activity and is not meant
to be alt-inclusive. Details of projects will be laid out as specific projects are
engineered, designed and budgeted. In the development of such detail the
Agency will be guided by the objectives of this Plan and aided by elements of
the City Center Urban Design Plan, the Fanno Creek Park Master Plan and
similar studies and staff work.
601. DEVELOPMENT PLAN PROJECTS AND IMPROVEMENT ACTIVITIES
The following projects, numbered 1 through 23, are hereby deemed necessary
to eliminate blighting conditions and Influences within the Development Area and
necessary to make the Area usable for expanding existing businesses and other
compatible uses and for the Area to be attractive for new businesses and multi-
family residential development
All u41ity systems,streets and highways, bike and pedestrian paths, parks,public
parking %cliflies, bridges. sewer relocations, reconstruction or repair and other
public Improvements shall be complate with all appurtenant end supporting parts,
consistent with sound engineering principles and conforming with the standards
of the City.With funds available to>t.the Development Agenrr j may fund In full,
In past, or a proportionate share based on use and demand within the
Development Area, the following projects..
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t STREETS AND TRAFFIC (listed alphabetically)
i. Ash Avenue. Extend and improve Ash Street from the south boundary of
Development Area to its connection with Scoffins & Hunziker. Bridge
Favno Creek Park.
2. Burnham Street. Realign and improve westerly section to intersect Main
Street opposite Tigard Street and improve to include landscaping,
sidewalks, street furniture, decorative lighting standards to match or
complement Main improvements. Improve balance of Burnham easterly
to Hall Boulevard. Accomodate the potential for light rail in the design of
Burnham Street
3. Commercial Straet. Improve from Main to Hall.
4. Gre�nburg Road Extensior. Provide a more direct connection between
Greenburg Road and Hall Blvd. south of Pacific Highway.
5. Hail E Bouleva In conjunction with the OL�(7T, improv® Hail Boulevard
from Pacific Highway to Panno Creek. Provide for landscaped median
4S and special landscaping at both sides.
6. Main Street Bridge. Construct new bridge across Fanno Creek to be
complementary to new park development and the reconstruction of Main
Sti eet
7. Mann Street. Reconstruct Main Street between Its two Intersections with .
Pacific Highway including new sidewalks, landscaping, street furniture,
decorative fighting standards, improved railroad crossing and special
Intersection treatment to Improve pedestrian movement.
S. Pacific Highway Improve Intersections through reconstruction acrd/or
signalization to improve access into City Center Development Ar,;a.
9. Pacific Highway Rarn„p. In conjunction -with the Oregon Department of
Transportation (ODOT), construct ramp to permit southbound traffic on
Route 99W to enter City Center.
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10. Scoffing Street. Realign at intersection with Hail Boulevard and to
accommodate the extension of Ash Avenue.
11. Tigard Street. Full improvement of Tigard from new ramp site to
intersection with Main Street.
PARKS BEAUTIF KATION. ENTRYWAYS
12. Entryways. Develop highly visible, attractive entryways at key access
points to City Center Area using landscaping, special structures, lighting,
signage, etc. to achieve special identity.
13. FannQ Creek Park. Develop from Hail to Main In accordance With Master
Plan. Acquire additional public park area as needed.
14_ t n 1Qg2e Areas Provide for the development and maintenance of
special landscaped areas adjacent to streets and pedestrian ways,
particularly along Burnham. Encourage private property owners to
participate significantly In these projects.
15. P bi Art. Provide for development of public art (sculpture, fountains,
murals, mosaics, etc.)which can be viewed from plazas,walks or Wh.hin
public buildings.
i OTHER PUBLIC MuliES
15. t4ndmarks. Provide for the construction of highly-visible vertical
landrnarks (bell towers, sculpture, observation towers, etc.) on or
adjacent to Tigard.Square and near easterly end of Burnham In or near
Citric Center expansion.
s7. Marking, Develop additional off-ireet -public parking facilities -to
accommodate present and newly developed demand. Construct
structures and develop surface lots to serve users of commercial and
public facilities in the Main-Burnham area particularly.
18. Tiaard Square. Acquire and develop a public plaza area to serve as a
' focal point for commercial development and public activity.
PROGRAMS LACTIVITIES
19. Building Rehabilitation Assistance.The Agency will budget available funds
to establish and cavy on a below-market interest loan program to assist
and encourage rehabilitation, renovation or Improvement of structures
which add to the overall upgrading of the Development Area. Criteria for
eligibility to .apply for such loans and other program details will be
established by the Agency.
20. Pedestrian Weather Pr t ion. The Agency may, subject to availability
of funds, establish and carry on a program designed to encourage the
extension of buildings, marquees, awnings or other forms of weather
protection over pedestrian ways In the more densely developed and used
portions of the City Center.
21. Proaaram Administration. The Agency will make provision, through
development and adoption of an annual budget, for necessary
management and supporting services adequate to coordinate project
construction, program activities, marketing efforts and buslnPss
development or redevelopment activities.
22. elocation Assistance. The Agency will provide t=lh wchnical and
financial aid to occupants of property acquired by the City or Agency in
furtherance of Plan objectives or construction of public facilities within
the Development Area.
(XI 22,
602. ACQUISITION OF REAL PROPERTY
A. AUTHORIZATION: It is the intent of this Pian to authorize the
Development Agency to acquire property within the Development Area
by any legal means to achieve the goals of this Plan, and specifically,to
accomplish any of the projects listed in Section 601. of this Plan. Nothing
stated in this subsection shall be construed to limit the present authority
of the City of Tigard to acquire property for any public purpose. Possible
property acquisition locations for some projects Identified in this Plan are
shown on*Exhibit B". Actual properties to be acquired will be Identified
prior to project Iml lamentation and, If different from those shown on
"Exhibit B," will be t'=7cessed as minor amendments to the Plan under
Section 1201 of this Flan.
B. PROPERTY ACQUISITION POLICY. Prior to acquiring any specific
property deemed necessary to achieve the goals listed in this Plan, the
Agency shall prepare, adopi•and maintain a Property Acquisition Policy
which dearly sets forth the property acquisition program and procedures,
Including conditions under which property vAI be acquired, and other
relevant ma,'ters. Adoption of the Property Acquisition Policy shall be
pressed as,a minor change to the Plan under the provisions of Section .
1201 of the Plan. The policy will be available to all Interested parties at
the Agency's office.
C. ACQUISITION PROCEDURE:Pursuant to applicable state and local lows
acquisitions shell proceed as follows:
1.j Where the property to be acquired Is in conjunction with
a project Identifier! In Section 601 of the Plan and has
been specifically Identified In the City Center Development
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EXHIBIT "1313
CITY CENTER PROJECTS AND ACTIVITIES
C POSSIBLE PROPERTY ACQUISITION LOCATIONS
AL
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E
D.
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� ^ ' ,ham •
t aarnbam street Realignment (enact aiingeast to be deteasiaed) A
2 aurah m-mall Yatereaction
H.ra-�streat tvgroveseaa
aurnban Stroet Wnhancv--ant
A matryway Deselopaent. Lsndacapi+aq and Landmark Strwcturae
Fane Fark Develcpsent
Sail Rad Pacific lnter60c"00 7apro"n"'t (locatiaa to be data.Wioed).
Public Parking Facilities -
&Ah 9vanua Sspro sanats (a.xect all.-,uneat to be determined)
Building Pahabilitation Asoiatmoce
comercial Street Empco"m is
Pacific Highway Rasp to Tigard Street (location to be detetninod)
Tigard Public Square De elc{sant (location to be derarmennd)
Hall Boulevard Enhancement
_—_.—
P
Agency's proposed acquisition policy then the acquisition
shall proceed through applicable state and local eminent
domain procedures.
2.) Where the property to be acquired is a new prr.i+�^t the
acquisition shall be regarded as a substantial change and
must comply with procedures set forth in Section 1202
of this Plan before acquisition can proceed under
applicable state and local eminent domain procedures.
603. RELOCATION ACTIVITIES
Should the development agency acquire property which is occupied and which
would cause the displacement of the occupants, the Agency shall provide
assistance to persons or businesses to be displaced. Such displacees will be
contacted to determine their.individual relocation needs. They will be provided
information on available alternative building locations 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. Persons displaced from dwellings will be assisted to relocate in
habitable, safe, and sanitary dwellings at costs or rents within their financial
reach. Payment;for moving expense will be mae a to businesses displaced.
Prior to acquiring any property which will cause households, businesses,offices
or other uses to be displaced, the Agency shall prepare, adopt,and maintain a
Relocation Policy conforming to the provisions of ORS 281.045 -281.105. Such
policy will be available to Interested pae-es at the Agency's office and will set
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forth the relocation program and procedures, including eligibility for and amounts
of relocation payments, services available and other relevant matters.
604. PROPERTY DISPOSITION AND REDEVELOPER OBLIGATIONS
A. PROPERTY DISPOSITION. The Development Agency is authorized to
dispose of, sell, lease, exchange, subdivide, transfer, assign, pledge, or
encumber by mortgage, deed of trust, or otherwise any interest in real
property which has been acquired by it in accordance with provisions of
this Plan and with the terms and conditions set forth in a Disposition and
Development Agreement mutually agreed to by all affected parties.
All real property acquired by the Development Agency in the City Center
Development Area, If any, shall be used or disposed of for development
consistent with the uses permitted in this Plan.The Development Agency
shall obtain f4.: re-use value for the speck uses to be permitted on the
real property. Real property acquired by the Agency may be disposed of
to any other public entity without cost to such other public entity, In
accordance with provisions of this Plan.All persons and entities obtaining
property from the Development Agency shall use the property for the
purposes designated in this Plan or specified by the Agency and shall
commence with complete development of the property within a period
of time which the Development Agency fixes as reasonable, and shall
comply witt>"other conditions which the Development Agency deems
necessary to carry out the objectives of this Plan.
In the conveyance of any property, the Development Agency shall
provide adequate safeguards to ensure that provisions of this Plan will
be carried out to prevent the recurrence of Incompatible uses or blight.
Leases, deeds, contracts, agreements, documents, and declarations of
restrictions by the Development Agency may contain restrictions,
covenants, covenants running with the land, rights of reverter.conditions
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precedent or subsequent, equitable servitudes, or any other provisions
necessary to carry out this plan.
B. REDEVELOPER'S OBLIGATIONS. A Redeveloper is any public entity or
private party who acquires property from the Development Agency. Any
Redeveloper and its successors or assigns within the Development Area
must comply with provisions of this Plan and with terms and conditions
of the Disposition and Development Agreement. Among the provisions
which the Agency may Include within the Disposition and Development
as requirements of the Redeveloper are the following:
1. Obtaining necessary approvals of proposed developments from
all Federal,State and/or local agencies that may have jurisdiction•
on properties and facilities to be developed or redeveloped;
2. Development or redevelopment of such property in accordance
with the land-use provisions and other requirements specified in
this Plan;
3. Submittal of all plans and specifications for construction of
Improvements on-the•land to the Development Agency or such
of 16 agents as the Agency may designate for review and
approval prior to distribution to appropriate reviewing bodies as
required by the City;
4. Reasonable time lines for commencing and completing the
specified development of such property;
5. No execution of any agreement, lease, conveyance, or other
instrument which contains restrictions upon the basis of age,
race, color, religion, se) marital status, or national origin In the
sale, lease or occupancy of the property;
5. Maintenance of the developed and/or undeveloped property In
a clean, neat, and safe condition.
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605. BUILDING REHABILITATION LOAN FUND
With funds available to it, the Development Agency may promulgate rules,
guidelines, policies and establish a below market value loan fund for the _
rehabilitation and restoration of existing buiidings located within the boundaries
of the Development Area. Such loan fund is hereby deemed an appropriate
adjunct to this Plan to eliminate blight and to further Plan objectives.
606. OWNER PARTICIPATION
Property owners within the Development Area proposing to improve their
properties and receiving assistance from the Development Agency shall do so in
accordance with all applicable provisions of this Pian and with all applicable
codes,ordinances, policies, pians and procedures of the City..
607. ADMINISTRATIVE ACTIVITIES
A. The Development Agency may obtain its administrative support staff from
the City and the City may provide the personnel necessary to staff the
Agency on such terms and conditions as the Development Agency and
f the City may from time to time agree. In developing the staffing
requirements of the Development Agency, the Development Agency wi".i
evaluate and make recommendations to the City regarding their
personnel support needs.Development Agency staffing recommendations
shall be Included in the annual budget proposal of the Development
Agency to the City.
B. Further,the Development Agency may retain the services of independent
professional people, firms,or organizations to provide technical services
in such areas as legal, economic, financial, real estate, planning,
engineering and any other skill deemed necessary by the Agency.
C. The Development Agency may acquire, ren, or lease office space and .
office fu niture, equipment and facilities necessary for it to conduct its
affairs in the management And Implementation of this Man.
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D. The Development Agency may invest its reserve funds in Interest-bearing
accounts or securities consistent with provisions of City, State and
Federal law.
E. To implement this Plan, the Development Agency may borrow money,
accept advances, loans or grants from any legal source, issue qualified
redevelopment bonds, tax increment bonds, and may receive tax
increment proceeds as provided for in Section 700 of this Plan. An
affirmative vote by a majority of the then filled positions of the
Development Agency shall be required for the Development Agency to
issue any bonds.
F. Authorization and Powers: Without limiting any other provision, power or
authorization of this Plan, the Development Agency shall have all of the
powers and responsibilities allowed under provisions of ORS Chapter
457 except as may be expressly limited by the City Council's approval
of this Plan.
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SECTION 700. FINANCING OF DEVELOPMENT PLAN INDEBTEDNESS
The Development Agency may borrow money and accept advances, loans, grants and
any other legal form of financial assistance from the Federal Government, the State, City,
County, or other public body, or from any legal sources, public or private, for the
purposes of undertaking and carrying out this Plan, or may otherwise obtain financing
as authorized by ORS Chapter 457.
701. SELF LIQUIDATION OF COSTS OF URBAN RENEWAL INDEBTEDNESS (TAX
INCREMENT FINANCING).
Projects and activities of the Agency may be financed, in whole or in part, by
self-ilquidation of the costs of renewal activities as provided in ORS 457.420
through 457.450.The ad valorem taxes, ff any,levied by a taxing body upon the
taxable real and personal property situated in the Development Area shall be
divided as provided In ORS 457.440, That portion of the taxes representing the
levy against the Increase, ft any, In the assessed value of property located In the
Development Area over the assessed value specified in the certificate filed under
ORS 457.430, shall, after collection by the tax collector, be paid Into a special
fund of the Development Agency and shall be used to pay principal and interest
on any Indebtedness incurred by the Agency to finance or refinance this Plan
3 and any projects or activities authorized and undertaken pursuant to provisions
of this Plan.
Upon completion of the projects and activities Identified in this Plan or
subsequent amendments to this flan, and the -satisfaction of all outstanding
Agency=indebtedness, the division of taxes under ORS 457.420 - 456.450 shall
cease as provided by ORS 457.450.
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702. PRIOR INDEBTEDNESS
FAny Indebtedness permitted by law and incurred by the Agency, or the City In
connection with preplanning for this Development Plan may be repaid from
Development Agency funds when and If such funds are available.
703. ANNUAL BUDGET
The Development Agency shall adopt and use a fiscal year ending June 30. Each
year, by July 1, the City Council shall adopt a budget for the Development
Agency In conformance with provisions of ORS 294 (the local Budget Law) and
ORS 457.460 which shall describe its sources of revenue, proposed expenditures
and activities.
The Development Agency shall submit its proposed budget to the City's Budget
Committee for its review and approval and such Agency shall not undertake any
activities nor expend any funds except as provided in the budget approved by
the City Council.
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SECTION 800. ANNUAL FINANCIAL STATEMENT REQUIRED
801. REQUIRED FINANCIAL STATEMENT
ORS Section 457.460 requires that the Development Agency, by August 1 of
each year, prepare a statement containing:
A. The amount of tax increment revenues(ORS 440(4))preceding fiscal year
and from Indebtedness incurred by ORS 457.440(6);
B. The purpose and amounts for which such money were expended during
the preceding fiscal year;
C. An estimate of tax increment monies to be received during the current
fiscal year and from indebtedness incurred under ORS 457.440(6);
D. A budget setting forth the purposes and estimated amounts for which all
such monies are to be expanded during the current fiscal year; and
E. An analysis of the Impact, if any, of carrying out the Development Plan
on the tax rate for the preceding year for all taxing bodies included
under OR 457.430;
F. If the August 1 deadline to met provisions of the ORS Section 457.460
Is changed by the legislature, then the Agency will conform to the new
date to prepare the requirement statement.
802. STATEMENT FILED AND PUBLISHED
The statement requieed by subsection 801 shall be fined W.1h the City Council and
notice shall be published as provided by state law that the statement has been
prepared and is on fie with the City and with the Development Agency and the
Information contained in the statement Is available to all Interested persons.The
notice shall summarize the required Information as set forth in subsection 801
herein.
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SECTION 900. CITIZEN PAPTI%gw RATION
The activities and projects Identified In this Plan, the 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 and tenants as individuals and
organizations who reside within or who have financial interest within the City Center
Development Area and with the general citizens of the City. For this purpose the City
Council established the City Center Plan Task Force to advise and assist in the details
and preparation of this Plan. The Council has also established the City Center
Development Advisory Commission to advise and assist it and the Development Agency
In Implementation of and any future amendments to this Pian.
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SECTION 1000. NON-DISCRIMINATION
In the preparation, adoption and implementation of this Plan, no public official or private
party shall take any action or cause any persons,group organization to be discriminated
against on the basis of age, race, color, religion, sex, marital status or national origin.
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SECTION 1100. RECORDING OF PLAN
A copy of the City Council's ordinance adopting this Plan under ORS 457.095 shall be
sent by the Council to the Development Agency. Following approval of this Plan as
required by the City Charter, the Agency will have the Plan recorded with the Recording
Officer or Washington County.
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{ SECTION 1200. PROCEDURES FOR CHANGES OR AMENDMENTS IN THE APPROVED
CITY CENTER DEVELOPMENT PLAN
This Plan ,viii be reviewed and analyzed periodicaily and will continue to evolve during
the course of its implementation. The Plan may be changed, clarified, modified or
amended as future conditions may warrant. Where, in the judgment of the Development
Agency as guided by the definitions and criteria contained in this Plan, the proposed
modification will substantially change the Plan, the modification must be duly approved
by the City Council in the same manner as the original Plan before the change can be
implemented.
1201. MINOR CHANCES
Any change that Is not a substantial change, as defined in §1202, shall be
proposed by resolution of the Development Agency in which the details of the
minor change or changes shall be described.
1202. SUBSTANTIAL CHANGES
Substantial changes to this Plan, If any, shall be approved in the same manner
as the original Plan, pursuant to ORS 457.095 and ORS 457.220. Substantia!
changes to this Plan shall include the following:
A. An increase In the land area within the boundaries of the
development area;
B. An increase In the duration of the Plan, as described In §1301;
C. The addition of any new project. not otherwise Identified In the
current Plan. The Development Agency shall determine whether
a project Is a"new project,' pursuant to §200.
1203. AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN OR TO ANY OF ITS
IMPLEMENTING ORDINANCES: IMPACT ON DEVELOPMENT PLAN
From time4o•time during the implementation of this Development Plan, the
Planning Commission and the City Counci of the City of Tigard may officially
approve amendments or modifications to the City's Comprehensive Plan and
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Implementing ordinances. Furthermore, the City Council may from time-to-time
amend or approve new building, Health and Safety Codes which affect the
Implementation of this Development Plan.
When such amendments,modifications, or approvals have been officially enacted
by the City Council, such amendments, modifications, or approvals which affect
the provisions of this Plan shall, by reference, become a part of this Plan as if
such amendments, modifications, or approvals were fully stated in the Plan.
The City Council shall forward to the Development Agency copies of council
actions described above, and the Development Agency shall prepare and
approve a resolution recognizing that such changes constitute minor changes to
this Plan, as provided for in §1201 above. The minor changes described hi this
section shall not effectively amend the Development Plan until such time as the
Development Agency's resolution becomes final.
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SECTION 1300. DURATION AND VALIDITY OF APPROVED DEVELOPMENT PLAN
1301 DURATION OF DEVELOPMENT PLAN
This Plan shall remain in full force and effect for a period of not more than
sixteen (16) years from the effective date of this Plan or from July 1,1990,
whichever date is later and that period of time necessary to retire any debt.The
Plan may be terminated prior to the time set forth above, subject to the
requirements of this Section and ORS CHAPTER 457, H the City Council finds
that there is no longer a need for an urban renewal plan. Such findings shall be
adopted by non-emergency ordinance.Any extension beyond sixteen (16)years
s shall require an authorized extension and shall be considered as a substantial
change pursuant to Section 1203.
1302 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,
sections or parts shall be unaffected by such finding and shall remain in full
. force and effect for the time period described in subsection 1301 and 701.
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