Ordinance No. 90-07 r �
CITY OF TIGARD, OREGON
ORDINANCE NO. 90- _
AN 0RDINANCE ADOPTING THE PRESIDENT'S PARKWAY DEVELOPMENT PLAN.
WHEREAS, on February 13, 1989, the City Council adopted Ordinance No. 89-05,
establishing the City Development Agency; and
WHEREAS, an urban renewal plan has been prepared, entitled President's Parkway
Development Plan, for that area of the City of Tigard generally bounded by
Highway 217, Greenburg Road, Hall Blvd., and Locust Street; and
WHEREAS, on February 20, 1990 the Tigard Planning Commission recommended
approval of the President's Parkway 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
President's Parkway Development Plan; and
WHEREAS, pursuant to ORS 457.095, the City Council has reviewed the
President's Parkway Development Plan and therefore,
THE CITY COUNCIL ORDAINS AS FOLLowsE
SECTION 1: There are conditions existing in the area referred to as the
Presiden't's Parkway Development Area that qualify as "blighting
conditions" under ORS Chapter 457.
SECTION 2: The redevelopment of the President's Parkway area is necessary to
protect the public health, safety, and welfare of the municipality.
SECTION 3: The President's Parkway Development Plan conforms to the City's
Comprehensive Plan.
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). s
SECTION 5: The, acquisition of real property provided for is necessary to
implement the plan.
SECTION 6: The adoption and implementation of the President's Parkway as
Development Plan is economically sound and feasible; and
SECTION 7: The City Development Agency shall assume and complete any
activities prescribed it by the President's Parkway Development
Plan.
ORDINANCE NO. 90-2-1-
Page
0- G-1-Page 1
SECTION 8: The City Council hereby incorporates by reference the President s
Parkway Development Plan.
SECTION 9: The City Council hereby adopts the President's Parkway Development
Plan, pursuant to the provisions of ARS Chapter 457, and directs
the City Recorder to publish notice of the adoption of thi.a
ordinance in accordance with the requirements of ORS 457.115.
SECTION 10: The City Council further directs the City Recorder to record a copy
of the ordinance approving the President's Parkway Developm-ent Plan
with the 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 t'� day of
1990.
Catherine Wheatley, City Recorderd
APPROVED: THIS 1,2 day of 19
G ald w r , ayor
Approved as to form:
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City Attorney
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Data
br/Ord.ejm
ORDINANCE NO. 90-
Page 2
CITY OF TIGARD PRESIDENT'S PARKWAY
DEVELOPMENT PLAN
PLAN
CITY COUNCIL
Gerald Edwards - Mayor `
Valerie Johnson
Carolyn Eadon
John Schwartz
Joe Kasten
March 12, 1990
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TABLE OF CONTENTS
100. INTRODUCTION 1
200. DEFINITIONS 3
300. LEGAL BOUNDARY DESCRIPTION 8
400. MISSION STATEMENT AND GOALS OF THE DEVELOPMENT 10
AGENCY FOR THE DEVELOPMSENT PLAN
500. LAND USE PLAN 12
600. DEVELOPMENT PLAN ACTIVITIES 13
700. FINANCING OF DEVELOPMENT PLAN INDEBTEDNESS 27
800. CITIZEN PARTICIPATION 29
900. NONDISCRIMINATION 29
1000. RECORDING OF PLAN 29
1100. PROCEDURES FOR CHANGES OR AMENDMENTS IN THE 30
APPROVED DEVELOPMENT PLAN
p 1200. DURATION AND VALIDITY OF APPROVED DEVELOPMENT PLAN 32
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CITY OF TIGARD
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PRESIDENT'S PARKWAY DEVELOPMENT PLAN
SECTION 100. INTRODUCTION
The property designated as the President's Parkway
Urban Renewal District under the provisions of this Plan con-
tains, within its boundaries, one of the most significant under-
developed areas within the City of Tigard exhibiting physical,
economic, and social conditions contributing to blight. With a
substantial reconstruction of the roadways and waterways, it has
the potential of becoming one of the most viable commercial areas
in the City of Tigard. Its close proximity to similar uses and
excellent highway visibility and the success of the adjacent
commercial enterprises attest to the potential of the area. Due
to the age of the neighborhood, its haphazard past development,
and extensive development of the adjacent properties, the pro-
posed Development District cannot reach any of its latent poten-
tial without cooperative assistance from both the public and
private sources. Within the area, inadequate roads cause ever-
increasing traffic problems. There is frequent flooding of the
creeks within the area causing property damage. The elementary
school within the District is now on the fringe of its service
area and within close proximity of high density commercial r
development. The property within the area continues to decline
in value and the current property base of less than $5 million in
the nondeveloped portion of the Area, is inadequate to justify an
upgrade of roads and services within the area under current uses.
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TOTAL EXPENSES 2415.50
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The vision of President's Parkway is to create an area
in which necessary improvements to the highway and local roads
would alleviate the current traffic problems and allow for the
anticipated growth within the District. It would allow for the
relocation of the elementary school to a safe and desirable
location central to the children who will be attending the
school. The District would take the features of the waterways
which now contribute to the blight and transform them into a lake
in a park-like setting to be utilized and for the benefit of the
residents of Tigard. There would be a combination of tax
increment financing to provide the funding for public facilities
and private funding to provide for the commercial and residential
features of the area. The goal would be to remove the area of
blight and produce a showcase of public and private cooperation
to the ultimate benefit of the City of Tigard and surrounding
areas.
The Plan has been prepared under the direction of the
Urban Renewal Agency in conformity with certain provisions of
state law contained in Article IX of the Oregon State
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Constitution and Chapter 457 of the Oregon Revised Statutes which
III enable this Development Plan to utilize helpful tools provided
for in state law in pursuit of Plan objections
110. CITY AND AGENCY
The Governing Body (Council) of the City of Tigard on
February 13, 1989, by Ordinance No. 89-05, declared that blighted
areas exist within the City and that there is a need for an urban
renewal agency to function within the City. The City Council, by
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approval of ordinance No. 89-05, declared that all powers as
W provided by law in an urban renewal agency be exercised by the
Council of the City of Tigard, acting as the urban renewal agency
("Agency") .
The relationship between the City of Tigard, an Oregon `
Municipal corporation, and the Agency shall be as contemplated by
chapter 457 of the Oregon Revised Statues. Nothing contained in
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this Plan, for the City's supplying of services or personnel, nor
the budgeting requirements of this Plan shall in any way be
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construed as departing from or disturbing the relationship
contemplated by ORS Chapter 457.
SECTION 200. DEFINITIONS
As used in this Plan, unless the courts require other-
wise, the following definitions shall apply.
201. "AGENCY" or "DEVELOPMENT AGENCY" means the Agency
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authorized by Tigard City Ordinance No. 89-05 which, in accor-
dance with provisions of Chapter 457 of the Oregon Revised
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Statutes, is the designated Renewal Agency of the City of Tigard.
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202. "AREA" or "DEVELOPMENT AREA" means the geographic area j
of the City which encompasses the Development Area conceived
pursuant to provisions of ORS Chapter 457 and as described in
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Section 300 herein.
203. "BOARD OF COUNTY COMMISSIONERS" means the governing
body of Washington County, Oregon.
204. "BLIGHTED AREAS" means areas which, by reason of
deterioration, faulty planning, inadequate or improper ,facili-
ties, deleterious lend use or the existence of unsafe structures 5'
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or any combination of these factors, are detrimental to the
safety, health or welfare of the community. A blighted area is
characterized by the existence of one or more of the following
conditions:
A. The existence of buildings and structures, used or
intended to be used for living, commercial,
industrial 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 com-
bination of the following conditions:
1. Defective design and quality of physical
construction;
2. Faulty interior arrangements and
rt exterior spacing;
3. Overcrowding and a high density of
population;
4. Inadequate provision for ventilation,
light, sanitation, open spaces, and
recreation facilities; or
5. Obsolescence, deterioration, dilapida-
tion, 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
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size or dimensions for property usefulness and
development;
D. The layout of property or lots in disregard of
contours, drainage and other physical characteris-
tics of the terrain and surrounding conditions; E
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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 maladjust-
ments to such an extent that the capacity to pay g
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 ?and potentially useful and valuable
for contributing to the public health, safety, and
welfare; or
I. A loss of population and reduction of proper
utilization of the area resulting in its further
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deterioration and added costs to the taxpayer for
the creation of new public facilities and services
elsewhere.
205, "CITY" means the City of Tigard, Washington County,
Oregon.
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206. "PRESIDENT'S PARKWAY DEVELOPMENT AREA" means the area
�_. as shown in the Map and as designated in the legal description
found in Section 300 of this Plan.
207. "CITY COUNCIL" or "COUNCIL" means the governing body
of the City of Tigard.
206. "COMPREHENSIVE PLAN" means the Land Use Plan of the
City of Tigard, including all of its policies, procedures, and
implementing provisions.
209 "COUNTY" means Washington County, Oregon.
210. "EXHIBIT" means an attachment or narrative, map, or
other graphic, to this Development Plan and contained herein.
211. "NEW PROJECT" means a project that has a substantially
different function than the project it replaces and has sig-
nificant 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 pro_
j ect o
I212. 01ORS" means Oregon Revises Statutes (State Law) . ORS
�f 457 is the chapter which regulated the urban renewal of blighted
I` areas within the state of Oregon.
213. "PLAN" or "DEVELOPMENT PLAN" means the Development
Plan, an Urban Renewal Plan of the City of Tigard, Oregon pre-
pared in compliance with Chapter 457 of the Oregon Revised
Statutes.
214. "STATE" means the state of Oregon, including its
various departments, divisions, and agenzies.
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215. "TAX INCREMENT FINANCING" means a method of financing
indebtedness incurred by the Development Agency in preparing and
implementing the Development 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 utility
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 P
and interest on indebtedness incurred by the Agency in financing
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or refinancing the preparation and implementation of the approved
Development Pian. `
216. "TAXING BODY" means any of the public jurisdictions
which levies ad valorem taxes within the boundaries of the
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Development Area.
217. "URBAN RENEWAL LAW" means Chapter 457 of the Oregon
Revised Statutes as the same exists on the effective date of this
Urban Renewal Plan or as the same may be ame:,ded from time to
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time by action of the Oregon Legislature.
SECTION 300. LEGAL BOUNDARY DESCRIPTION
301. A legal description of the Development Area is given in
the following two pages of this Plan.
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PRESIDENTS PARKWAY DEVELOPMENT PLAN
February 9, 1990
A parcel of land in Sections 26 and 36,T.1S.,R.1W.,W.M.,City of Tigard,Washington County,
Oregon, said parcel being more particularly described as follows;
Beginning at the intersection of the westerly line of Lot 18,"Oakburg'with the southwesterly
line of the Beaverton-Tigard Highway (State Highway 217); thence northerly along the
westerly line of said Lot 18, 265 feet, more or less, to the northeasterly lane of said State
Highway No. 217;thence southeasterly tracing the northeasterly line of said State Highway
No. 217, 885 feet, more or less, to the intersection of said northeasterly line of said Slate
Highway No.217 with the westerly line of that parcel recorded on April 10, 1972 in Book 861,
page 961, Washington County Deed Records; thence N.00018'12"E. along said westerly line,
206.02 feet, more or less, to the southwest corner of Lot 25, "Oakburg"; thence continuing
N.00918'12"E.along the westerly line of said Lot 26,379.83 feet,more or less,to the southerly
line of a 60 foot wide strip of land known as Washington Square Drive(also known as Access
Road No.7),said strip being described in Deed Book 999,page 515,recorded November 6,1974,
Washington County Records;thence southeasterly along said southerly line,700 feet,more or
less,to the westerly line of S.W.Greenburg Road;thence northerly along the westerly line of
said S.W.Greeniourg Road,825 feet,more or leas,to the intersection of said westerly line with
the centerline of S.W. Coral Street extended westerly; thence easterly along said centerline
extended and centerline of S.W.Coral Street,780 feet, more or less,to the intersection of said
centerline with the northerly extension of the east line of Lot 9, Block C, "Lehmann Acre
Tract", which line is the boundary of the corporate limits of the City of 'figard; thence
southerly along said City of Tigard boundary,which line is the east line extended and east line
._ of said Lot 9,Block C,and the east line of the Lot 2,Block C,"Lehmann Acre Tract",382 feet,
more or less,to the northerly line of S.W.Locust Street; thence easterly along said northerly
lune, and tracing the boundaries of said City of Tigard along the following courses and
distances: easterly along the northerly line and northerly line extended of said S.W.Locust
Street, 1,282 feet, more or less, to the intersection of the eastsrly extension of the northerly
line of said S.W. Locust Street with the northerly extension of the easterly line of S.W.
Jeffe:son Street;thence southerly along said northerly extension,50 feet,more or less,to the
northerly line of said S.W. Locust Street;thence easterly along said northerly line, 500 feet,
more or less,to the westerly line of S.W.Hall Blvd.;thence northerly along said westerly line,
30 feet; thence easterly, 70 feet to a point on the easterly line of asid S.W. Hall Blvd. and a
point of nontangent curvature; the southeasterly along the arc of a 25 foot radius curve
concave to the northeast,39 feet,more or leas,to the northerly line of said S.W.Locust Street;
thence southerly,70 feet to a point on the southerly line of said S.W.Locust Street and a point
of nontangent curvature;thence southwesterly along the are of a 25 foot radius curve concave
to the southeast, 39 feet,more or less, to the easterly line of said S.W. Hall Blvd.; thence
southerly along said easterly line, 146.1 feet,more or less,to the southerly line of Lot 2,Block
36, "Town of Metzger";thence westerly along said southerly line,5 feet to the easterly line of
said S.W. Hall Blvd.; thence southerly along said easterly line,236.1 feet,more or leas, to the
southerly line of S.W. Mapleleaf Street; thence westerly along said southerly line, 10 feet to
the easterly line of said S.W. Hall Blvd.;thence southerly along said easterly line, 1,180 feet,
more or less, to the northerly line of S.W. Spruce Street; thence southeasterly 68 foot, more
or less,to the intersection of the easterly line of S.W.Hall Blvd,with the southerly litre of S.W.
Spruce Street; thence southerly along the easterly line of said S.W. Hall Blvd., 113.23 feet;
1, thence easterly 15 feet,more or less,to a point which is 45.00 feet easterly of,when measured
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at right angles to,the centerline of said S.W.Hall Blvd.; thence leaving the boundary of said
.. City of Tigard,southerly and parallel to the centerline of said S.W.Hall Blvd.,1,690 feet,more
or less, to the southwesterly line of said State Mghway 217;thence Northwesterly along said
southwesterly line,2,850 feet,more or less,to the easterly line of S.W.95th Avenue (40 feet
wide); thence southwesterly 60 feet, more or less,to the intersection of the southerly line of
S.W.Shady Lane with the southeasterly line of the 50 foot wide abandoned railroad right-of-
wary;thence westerly along the southerly line of S.W.Shady Lane, 1,030 feet, more or less,to
the easterly line of S.W.Greenburg Road;thence southwesterly along said easterly line of S.W.
Greenburg Road (50 feet wide easterly of centerline), 50 feet, more or less; thence
northwesterly continuing along said easterly line,20 feet,more or less,to the easterly line of
S.W. Greenburg Road (35 feet wide easterly of centerline); thence southwesterly along said
easterly line, 40 feet, more or less, to the intersection of said easterly line with the easterly
extension of the southerly line of S.W. Cascade Blvd.; thence westerly along said southerly `
extension and southerly line of said S.W. Cascade Blvd., 210 feet, more or less, to the
intersection of said southerly line with the southerly extension of the easterly line of that
parcel recorded in Book 1112, page 680, recorded September 15, 1976, Washington County
Beed Records; thence N.00°11'00"E. along said southerly extension and easterly line of said
Book 1112, page 680 parcel, 408 feet, more or less, to the northeast corner thereof, thence
continuing N.00°11'00"E.along the northerly extension of the westerly line of said Book 1112,
page 680 parcel, 20 feet, more or less, to the southerly line of that parcel recorded as-Fee
Number 79029094 on July 24,1979,Washington County Records;thence N.89°45W.along said
southerly line, 110 feet, more or less, to the southwest corner of said Fee Number 79029094
parcel;thence N.00°05'42"E.along the westerly line of said Fee Number 79029094 parcel,273
feet, more or less, to the southerly line of that parcel recorded as Fee Number 8&17318 on
April 26, 1988,Washington County Deed Records;thence northwesterly 338 feet,more or less,
to the intersection of the northerly line of said Fee Number 88-17318 parcel with the
southwesterly line of said State Highway 217;thence northwesterly along the Southwesterly a'
line of said State Highway 217, 685 feet,more or less,to the Point of Beginning.
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302. A map of the Development Area which shows the area
.. encompassed by the foregoing legal boundary description is
included as Exhibit A of this Plan.
SECTION 400. MISSION STATEMENT AND GOALS OF THE DEVELOPMENT
AGENCY FOR THE PRESIDENT'S PARRFOAY DEVELOPMENT
PLAN
401. MISSION STATEMENT
The mission of the Development Plan is to solve the
existing transportation, environmental, and land use problems in
the area and obtain a sound, comprehensively planned, high
quality development consistent with the Tigard Comprehensive
Plan. This development will provide public amenities, new
employment opportunities, and increased assessed values for the
community. This mission cannot be accomplished without the
coordinated efforts of the City, developers, and property owners.
402. GOALS
A. Remove limitations to economic growth in the
Development Area created by existing blighting
conditions so that vacant and underdeveloped
properties can realize their full market potential
and be utilized to their highest and best use
consistent with other goals of the Development
Plan and the Tigard Comprehensive Plan.
B. Develop a citizen involvement program that ensures
the opportunity for citizens to participate in all
aspects of the planning process
C. Establish a land use planning process and policy
framework as the basis of all land use decisions
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and actions, and ensure an adequate factual data
base to substantiate those decisions and actions.
D. Diversify and improve the economy of the Community
and the State.
E. Plan and develop a timely, orderly and efficient
arrangement of public facilities and services to
serve as the framework for urban development.
F. Provide and encourage a safe, convenient and
economic transportation system.
G. Conserve energy.
H. Provide a network of public and private open space
adaptable to a wide variety of uses.
409. RELATIONSHIP OF PLAN TO LOCAL OBJECTIVES
The Plan is intended to further the objectives of the
Tigard 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.
The report contains an analysis of Comprehensive Plan policies
which are met by this Plan.
404. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN
The Plan has been prepared in conformity with the
City's adopted and acknowledged Comprehensive Plan as amended,
including its goals, policies, procedures, and implementing
provisions. The Plan takes into consideration the projected
costs of its implementation and its anticipated benefit to the
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general public consistent with the goals and purposes of the
Comprehensive Plan.
SECTION 500. LAND USE PLAN
The use and development of all land within the
President's Parkway Development Plan shall comply with provisions
of the City's Comprehensive Plan and all of its applicable
implementing provisions. The Comprehensive Pian 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 ztpply to the Development Area are described in Chapter
12 of the Tigard Comprehensive Plan and the map entitled "Land
Use Classifications. The Development Area is planned for
Commercial Professional (C-P) , Commercial-General (C-G) , Light
Industrial (I-L) , and Medium Density Residential designations, as
shown in Exhibit B. The C-P district allows civic uses, office
uses, commercial uses and a limited amount of retail uses. The
C-G district allows for civic uses and a broader range of com-
mercial uses not limited to a specific trade area. The I-L
district allows for public uses, civic uses, retail uses, com-
mercial uses and industrial uses. The Medium Density Residential
district allows for single family and multiple family residential
units for medium density residential development.
502, CONVERSION FROM EXISTING LAND USES TO USES DESIGNATED
IN THE CO2MPREHENSrvE PLAN
It is the intention of this Development Plan to en-
courage and support the conversion from land uses in existence at
4 the adoption of this Development Plan to land uses identified in
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the Comprehensive Plan and shown in Exhibit B. The process for
land use conversion is described in Chapter 11, Section 11.8, of
the Tigard Comprehensive Flan which is incorporated by reference.
503. COMPLIANCE WITH CITY'S DEVELOPMENT CODES
The City's Community 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 Development Area shall
comply with all provisions of the City's Development Codes,
including the Zoning, Building, and Safety codes regarding
maximum densities and building requirements as they may be
amended through the land use conversion process described in
Section 502.
504 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, 502, and 503
above.
SECTION 600. DEVELOPMENT PLAN ACTIVITIES
To achieve the goals of this Plan, the following
projects and activities, subject to the availability of appropri-
ate funding, may be undertaken by the Development Agency, or
caused by it to be undertaken by others, in accordance with a
"Disposition and Development Agreement" to be entered into by the
Development Agency in accordance with applicable Federal, State,
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and City laws, policies and procedures, and in cenpliance with
provisions of this Plan.
Where project/activity descriptions include specifi-
cally named components, it is for identifying the purpose, type,
quality, or scale of the project or activity and is not meant to
be all-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 goals
of this Plan. All projects will be subject to approval and
authorization by the appropriate governmental jurisdictions.
Changes to the projects necessary to comply with said permits and
authorizations shall not be considered to be substantial changes
and shall be allowed under this plan.
601. DEVELOPMENT PLAN PROJECTS AND IMPROVEMENT ACTIVITIES
The following projects are hereby deemed necessary to
eliminate blighting conditions and influences within the Develop-
ment 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. These projects achieve the goals of this Plan.
All utility systems, streets and highways, bike and
pedestrian paths, parks, public parking facilities, bridges,
sewer relocations, reconstruction or repair, and other public
improvements shall be complete with all appurtenant and support-
ing parts, consistent with sound engineering principles and
conforming with the standards of the City. With funds available
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to it, the Development Agency may fund in full, in part, or a
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proportionate share within the Development Area, the following
projects. See Exhibit C.
A. Northbound Highway 217 off-ramp into Development
Area
This transportation project will provide direct
access between Highway 217 and the Development
Area. The off-ramp will be located just south of
the SW Greenburg Road interchange, and will
include any necessary drainage, utility and right-
of-way requirements. Public transit improvements
will also be considered as needed.
B. President's (Parkway Primary Flood Control Project
This project will create a lake and related
structures to provide the primary flood control
y feature on Ash Creek and Ash Brook and enhance the
wetland and wa.ldlife features of the area. The
project will incorporate flood control features,
wetland and habitat enhancement, continuous water
source, pedestrian path, landscaping and other
features which address flood control problems,
wildlife enhancement, and the need for public
access and aesthetic relief. The area will be a c
passive public park.
C. water Purification and Flood Prevention Project
This project will create a secondary flood control
pond for storm water retention and siltation
control, and will include structures to connect
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this project to the primary flood control project.
The area will be a passive public park.
D. Internal Streets for Phases I, II and III
Local public streets providing access to the Phase
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I, II and III developments within the President's
Parkway Development Area will be constructed, or
existing streets improved. All street improve-
ments include right-of-way, underground utilities,
public facilities, sidewalks, landscaping, street
lighting, signage and other necessary improvements
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within the public right--of-way. Public transit
improvements will also be considered as needed.
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E. Highway 217 and Greenburg Road Intersection
Improvements, Phase I and II
This transportation project will provide new or
improved access from the Development Area to ;
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northbound Highway 217, from Greenburg Road to
sout':.bound Highway 217, and from Highway 217 E;
southbound to Greenburg road, and will include any
necessary signals, drainage, utility and right-
of-way requirements Public transit impioverients
will also be considered as needed. .
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F. Greenburg Road Improvements
S.W. Greenburg Road will be improved toadd
traffic capacity and safety features from the
Highway 217 interchange to S.W. Coral Street. All
street improvements include right-of-ray, under--
ground utilities, public facilities, traffic
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a,:
signals, sidewalks, landscaping, street lighting,
signage and other necessary improvements within
the public right-of-way. Public transit improve-
ments will also be considered as needed.
G. Highway 217 Improvements
This transportation project will improve the
traffic capacity of Highway 217 by adding addi-
tional lanes from just north of the Greenburg Road
interchange to the Hall Street overpass. The
project includes any necessary drainage, utility,
signage or other improvements within the public
right-of-way. Public transit improvements will
also be considered as needed.
H. Internal Streets for Phases IV and V
Local public streets providing access to the Phase
IV and V developments within the President's
Parkway Development Area will be constructed, or
existing streets improved. All street improve-
ments include right-of-way, underground utilities,
public facilities, sidewalks, landscaping, strut
lighting, signage and other necessary improvements
within the public right-of-way. Public transit
improvements will also be considered as needed.
I. Highway 217 and GreenLurg Road Intersection
Improvements, Phase III
This improvement will provide access from the
Development Area to southbound Highway 217, and
will include any necessary signals, drainage,
17
utility and right-of-way requirements. Public
transit improvements will also be considered as needed.
J, Hall Boulevard and Locust Street Improvement
The traffic capacity and safety of SW Hall
Boulevard will be improved by constructing im-
provements on Hall Boulevard from SW Locust to
Highway 217. S.W. Locust will be improved from
S.W. Greenburg to S.W. Hall. Improvements may
include widening the roadway, turn lanes and other
features, and may include necessary rights-of-
way, underground utilities, public facilities,
traffic signals, sidewalks, landscaping, street
lighting, signage and other necessary improvements
within the public right-of-way. Public transit
,I improvements will also be considered as needed.
{ K. Entryways and Landscape Improvements
Entryways and landscaped areas within public
right-of-way or public lands will be provided as
needed to enhance the duality of the President's
Parkway Development Area, and to provide for
public e;;Alnyment. Improvements may Include
landscaping, special structures, lighting, sig-
nage, pedestrian ways, water features, public art
or other elements which contribute to the charac-
ter and enjoyment of the area.
18
L. Program Administration
It is the intent to provide for the effective
administration of the Plan and to plan for the
various activities contained in the Plan. The
Agency will participate in the planning, design
and construction of project activities listed
H
above, the general administration of this Plan,
marketing activities related to this Plan, and
activities as needed during the length of the
urban renewal plan. See Section 605 of this Plan.
M. Light Rail Transit and Other Transit Improvements
Planning and development of light rail transit
and/or other transit improvements will be under-
f
taken as needed to serve the Development Area.
E
° son. AcougslTioN OF RAI, PROPERTY
A. Authorization {
{
The Development Agency shall acquire property or any
interest therein within the Development Area by any
legal means to achieve the goals of this Plan and to
accomplish any of the projects listed in Section 601 of
this Plan or to obtain any interest in property needed
for development or redevelopment as provided in Section
604 of this Plan.
B. Property Acquired for Public Improvement
Property required for public improvement including
utility systems, streets and highways, bike and pedes-
trian paths, parks, public parking facilities, bridges
19
and all other public improvements described in section
601 and shown on Exhibit C of this Plan shall be
acquired by the Development Agency for the purposes of
' implementing this Plan. The locations of such improve-
ments and the property to be acquired are generally
shown on Exhibit C. The exact locations and descrip-
tions of the property to be acquired shall be deter-
mined upon the completion of detailed engineering
studies for each such improvement. Prior to acquisi-
tion, this Plan shall be amended by a minor amendment
thereto identifying the specific property or interest
thence to be acquired. The Development Agency proposes
to commence acquisition of all such properties within
one year from the date of approval of this Plan and to
complete such acquisition within three years from such
approval. The property will be transferred to the City
f of Tigard or other appropriate governmental agency for
�. use .and maintenance withiln one year .fz'o i the cuiipletiun
of the public improvements.
C. Property Acquired for Private Development
Property may be acquired by the Agency and disposed of
to s developer in accordance with Section 604 of this
Plan. Developers will be encouraged to assemble
property for private development through voluntary
negoations with owners. The .Agency may limit its
acquisition to hose properties required to complete
land assembly for purposes of developing the proprty to
20
achieve the goals of this plan. In the event property
._ is to be acquired for purposes of private development,
such property shall be identified and this Plan shall
be amended in accordance with Section 1202 (B) hereof.
Such amendment shall describe the property to be
acquired and the anticipated disposition of such
property whether by sale, lease or other legal use,
together with an estimated time schedule for such
acquisition and disposition.
D. Acquisition of Metzger School
Notwithstanding the above, the Development Agency may
acquire the Metzger Elementary School from the Tigard
School District for its fair market value by voluntary
agreement between the Development Agency and the Tigard
School District. The anticipated disposition of such
property is by sale for private development, except
such portions thereof as may be required for any public
improvement described in Section 601 of this Plan. The
estimated time schedule for such acquisition and
disposition is dependent upon an agreement between the
Development Agency and the Tigard School District, but
the Agency proposes to acquire such property within
three years from the date of approval of this Plan and
to dispose of such property within two years from the
date of acquisition.
i
21
603. RELOCATION ACTIVITIES
Should the Development Agency acquire property which is
occupied and which would cause the displacement of the occupants,
the Development 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 281.050. Persons displaced from dwellings
will be assisted to relocated in habitable, safe, and sanitary
dwellings at costs or rents within their financial reach.
�av
Payment for moving expense will be made to businesses displaced.
When acquiring any property which will cause households, busi-
nesses offices or other uses to be displaced, the Agency shall
follow the Relocation Policy. Such Policy shall conform to the
provisions of ORS 281.045 - 281.105 and sets forth the relocation
program and procedures, including eligibility for and amounts of
relocation payments, services available and other relevant
matters. The policy will be available to interested parties at
the Agency's office.
604. PROPERTY DISPOSITION AND REDEVELOPER OBLIGATIONS
A. Property Disposition
The Development Agency is authorized to dispose
of, sell, lease, exchange, subdivide, transfer,
22
assign, pledge, or encumber by mortgage, deed of
trust, or otherwise any interest in real property
wh'.ch has been acquired by it in accordance with
provisions of this Plan. All real property
acquired by the Development Agency in the Develop-
ment Area, if any, shall be used or disposed of
for development consistent with the uses permitted
in this Plan. The Development Agency shall obtain
fair reuse value for the specific uses to be
permitted on the real property. Real p,:op,exty
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 plarposes 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 with other condi-
tions which the Development Agency deems necessary
to carry out the objectives of this Plan. The
Agency may impose land assembly requirements on a
developer as a condition of land acquisition by
the AGency for such private development and may
impose time limitations for such land assembly by
the developer. In conveyance of any property, the
23
Development Agency shall provide adequate safegua-
rds to ensure that provisions of this Plan will be
carried out to prevent the recurrence of incom-
patible uses or blight. Leases, deeds, contracts,
agreements, documents, and declarations of re-
strictions by the Development Agency may contain
restrictions, covenants, covenants running with
the land, rights of reverter, conditions precedent
or subsequent, equitable servitudes, or any other
provisions necessary to carry out this Plan.
B. Redevelopers 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, where applic-
able, with terms and conditions of the Disposition
and Developments Agreement. Among the provisions
ons
which the Agency has included within the Disposi-
tion and Development as requirements of the
Redeveloper are the following:
1. obtaining necessary approvals of pro-
posed developments from all Federal,
State and/or local agencies that may
have jurisdiction on properties and
facilities to be developed or redevel-
oped;
24
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 specifica-
tions for construction of improvements
on the land to the Development Agency or
such of it 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 Vuiia.`-. x......w i sv by ct;ons ."�Y.+
otr the basis --f
.
age, race, color, religion, sex, marital
status, or national origin in the sale,
lease or occupancy of the property;
6. Maintenance of the developed and/or
undeveloped property in a clean, neat,
and safe condition.
605. ADMINISTRATIVE ACTIVITIES
A. The Development Agency may obtain its administra-
tive support staff from the City and the City may
provide the personnel necessary to staff the
25
Agency on such terms and conditions as the
.. Development Agency and the City may from time to
time agree. In developing the staffing require-
ments of the Development Agency, the Development
Agency will 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, finan-
cial, real estate, planning, engineering and any
other skill deemed necessary by the Agency.
C. The Development Agency may acquire, rent or lease
nffina criarGs anri nffirc fiirnit�arc nrr»ir.mc.+l- ..�
facilities necessary for it to conduct its affairs
in the management and implementation of this Plan.
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 redevelop-
ment. bonds, tax increment bonds, and may receive
26
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 issues 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 provi-
sions of ORS Chapter 457 except as may be
expressly limited by the City Council's approval
of this Plan.
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-liquidation of the costs of renewal
activities as provided in ORS 457.420 through 457.450. The ad
valorem taxes, if 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
27
x
n ,
representing the levy against the increase, if 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 and any projects or
activities authorized and undertaken pursuant to provisions of
this Plan.
Upon completion of this projects and activities iden-
tified in this Plan or subsequent amendments to this Plan, and
the satisfaction of all outstanding Agency indebtedness, the
division of taxes under ORS 457420 - 456.450 shall cease as
provided by ORS 457.450.
tyJ,
28
702. PRIOR INDEBTEDNESS
Any indebtedness permitted by law and incurred by the
Agency, or the City, or in agreement with the City, in connection
with preplanning for this Development Plan shall be repaid from
Development Agency funds when and if such funds are available.
SECTION 800. CITIZEN PARTICIPATION
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 Development Area and with the
general citizens of the City.
SECTION 900. :NONDISCRIMINATION
° 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
�n�inct nn the V%-�iw Cf a G r a0e color, religion, sex, marital
status or national origin.
SECTION 1000. 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 Pian recorded with
the Recording Officer of Washington County.
29
SECTION 1100. PROCEDURES VOR CHANGES OR AME14DRENTa IN THE
APPROVED PLAN
.a
This Plan will be reviewed and analyzed periodically
and will continue to evolve during the course of its implementa-
tion. The Plan may be changed, clarified, and modified or
amended as future conditions may warrant, subject to the follow-
ing procedures.
1101. MINOR CHANGES
Any change that is not a substantial change, as defined
in Section 1102 below, shall be a minor change and shall be
adopted by resolution of the Development Agency. Minor changes
include identification of property for public improvement under
Section 602 of this Plan.
1102. SUBSTANTIAL CHANGES
A. Substantial Changes Requiring voter Approval
The following changes shall be considered substan-
tial chanaes
ubstantial 'chanaes to the Plan and shall be annroved by
the voters of the City, if required by applicable
charter provisions, after being approved by the
City council in the manner set forth in Section. B
below:
1. Increases in the land area within the boun-
daries of the Development Area;
2. Increases in the duration of the period for
project initiation described in Section 1201;
and
f
30
3. New projects, as defined in Section 211,
_.. which increase the amount of tax increment
financing necessary to carry out the Plan.
B. Substantial Changes Requiring Council Approval
The following changes shall be considered substan-
tial changes to the Plan and shall be approved by
the City council by nonemergency ordinance,
pursuant to ORS 457.095, after public notice and a
hearing:
1. Identification of properties that may be
acquired for private development through
eminent domain;
2. Major changes in land use which increase the
amount of public infrastructure necessary to
serve the development within the Development
Area; and
/1L L. L.-...+.-- ...1.� 1. l.a..�.. Ll... � vvrnrt-
.7 e V tw lE C.L
---
R.;11 V; Ror Gsu
L L61 trl;G llt 4lj Kiujv
tions underlying this Plan which are not
listed in Section 1102(A) .
1103. AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN OR TO
ANY OF ITS IMPLEMENTING ORDINANCES; IMPACT ON
DEVELOPMENT PLAN
From time-to-time during the implementation of this
Development Plan, the Planning Commission and the City Council of
the City of Tigard may officially approve amendments or modifica-
tions to the City's Comprehensive Plan and implementing ordi-
nances. Furthermore, the City Council may from time-to-time
31
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 Develo-
pment Agency shall prepare and approve a resolution recognizing
that such chancres constitute minor changes to this Plan, as
provided for in §1201 above. The minor changes described in this
section shall not effectively amend the Development Plan until
such time as the Development Agency's resolution becomes final.
SECTION 1200. DURATION AND VALIDITY OF APPROVED DEVELOPMENT PLAN
1201. Luration of Authority to Initiate Projects
Authority to initiate the projects described in this
Plan shall terminate sixteen (16) years from the effective date
of the Plan.
1202. 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 subsections 701 and 1201.
32
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