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02/09/1989 - Packet AGENDA CITY CENTER PLAN TASK FORCE THURSDAY, FEBRUARY 9, 1989, 7:00 P.M. - 9:30 P.M. TIGARD CIVIC CENTER - TOWN HALL CONFERENCE ROOM 13125 SW HALL BLVD. , TIGARD, OR 1. CALL TO ORDER 2. ROLL CALL: COHEN HENKLE JUAREZ MARR MORLEY 3. Approve Minutes from previous meeting 4. Breakfast Meeting Follow-up 5. Review Final Draft of Development Plan and Report: Bob Moore 6. A-Boy Development Plan: Dan Dolan 7. SeaFirst News: Duane Roberts 8. Critique Newsletter: Group Discussion 9. Prepare for Council Presentation 10. Review Final Draft of Design Plan 11. Other Business 12. Adjournment CITY COUNCIL DEVELOPMENT PLAN ADOPTION SCHEDULE February 13 Distribute rough draft of plan to Council and Task Force First reading to create agency 20 Distribute final plan and report to Council and Task Force 21 Planning Commission forwards recommendation on plan to Council 27 Second reading of ordinance creating agency First reading of ordinace adopting development plan Resolution accepting development report March 6 Second reading to adopt plan 6/27 Resolution adopting (tax increment financing) ballot measure TASK FORCE MEETING SCHEDULE February 14 11:30 AM-Noon Summerfield presentation 23 6:00-10:00 PM Task Force meeting (dinner provided) 203NO 2-17-89 To: City Center Plan Task Force From: City Staff Subject: City Center Development Plan Discussion Draft Please note that the pages of the draft plan accompanying this memo are in the correct order. Individual page numbers are not in sequence. New sections added include: 403, 404, 405, 501, 503, 504. In reviewing these new sections, please consider whether the project descriptions are too specific. Sections 602, 603, 604, 1200, 1201, 1202, and 1203 will be available on Tuesday the 21st 2—T7--ss DISCUSSION DRAFT OF TIGARD CITY CENTER DEVELOPMENT PLAN PREPARED BY: Moore Breithaupt & Associates, Inc. January 23, 1989 Amended January 30, 1989 FEBRUARY 17, 1989 Vers. 1/30/89 TABLE OF CONTENTS SECTION TITLE PAGE 100 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 200 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 300 LEGAL BOUNDARY DESCRIPTION 8 400 MISSION STATEMENT, GOALS AND OBJECTIVES OF THE DEVELOPMENT AGENCY FOR THE CITY CENTER DEVELOPMENT PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 500 LAND USE PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 600 DEVELOPMENT PLAN ACTIVITIES 11 700 FINANCING OF DEVELOPMENT PLAN INDEBTEDNESS . . . . . . . . . . . . 24 800 ANNUAL FINANCIAL STATEMENT REQUIRED . . . . . . . . . . . . . . . . . . . 26 900 CITIZEN PARTICIPATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1000 NON-DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 1100 RECORDING OF PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 1200 PROCEDURES FOR CHANGES OR AMENDMENTS IN THE APPROVED CITY CENTER DEVELOPMENT PLAN . . . . . . . . . . . 28 1300 DURATION AND VALIDITY OF APPROVED DEVELOPMENT PLAN . . . . . 31 i Vers. 1/30/89 FT CITY OF TIGARD CITY CENTER DEVELOPMENT PLAN SECTION 100. INTRODUCTION Tigard, like many other small cities near major central cities, experienced rapid growth and development during the 1950-1980 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 the newer development in the Main Street area has not been consistent with retaining or enhancing a "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 businesses 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 zone maps 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 plus consultant studies of 1 Vers. 1/30/89 M FT transportation, parks, urban design, market analysis and financing. This City Center Development Plan is the summation of the Task Force's work over 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. SECTION 110. CITY, AGENCY AND ADVISORY COMMISSION The Governing Body (Council) of the City of Tigard on February 13, 1989, by Ordinance No. , 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 approval of Ordinance No. , declared 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 Tigard Development Agency. The relationship between the City of Tigard, an Oregon Municipal Corporation, and the Tigard Development Agency shall be as contemplated by Chapter 457 of the Oregon Revised 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. 2 Vers. 1/30/89 DRA Further, the Council, by Resolution No. declared its intent to create a City Center Development Advisory Commission and on February 13, 1989 did create such Commission. The purpose of the Commission is to assist in implementation of this City Center Development Plan, to make recommendations to the Tigard Development Agency, and to help inform Tigard's citizens, particularly persons doing business, owning property or residing in the City Center Development Area, of Plan's content and activities. 3 Vers. 1/30/89 D 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 Advisory Commission--a citizens committee consisting of from seven to 12 members appointed by the Tigard City Council. 202. "AGENCY' or"DEVELOPMENT AGENCY' means the Tigard 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 AREA" means the geographic area of the City which encompasses the City Center Development Area conceived pursuant to provisions of ORS Chapter 457 and as described in Section 300, herein. 204. 'BOARD OF COUNTY COMMISSIONERS" means the governing body of Washington County, Oregon. 205. "BLIGHTED 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, 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 combination of the following conditions: 4 Vers. 1/30/89 PRAFT. 1. Defective design and quality of physical construction; 2. Faulty interior arrangement and 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, 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 an 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 5 Vers. 1/30/89 DF; I. 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 new public facilities and services elsewhere. 206. "CITY" means the City of Tigard, Washington County, Oregon. 207. "CITY CENTER DEVELOPMENT AREA" means the area as shown in Exhibit and as designated in the legal description found in Section 300 of this Plan. 208. "CITY COUNCIL" or "COUNCIL" means the governing body of the City of Tigard. 209. "COMPREHENSIVE PLAN" means the Land Use Plan 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. "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. 213. "PLAN" or "DEVELOPMENT PLAN" means the City Center Development Plan, am 1p f- >L! Urban Renewal Plan of the City of Tigard, ORegon. 61-P 214. "STATE" means the State of Oregon including its various departments, divisions '/ and agencies. 215. "TAX INCREMENT FINANCING" means a method of financing indebtedness incurred by the Tigard 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 6 Vers. 1/30/89 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. 216. 'TAXING BODY' means any of the public jurisdictions which levies ad valorem taxes within the boundaries of the Development Area. 217. "URBAN RENEWAL LAW' means Chapter 457 of the Oregon Revised Statutes as same exists on the effective date of this Urban Renewal Plan or as same may be amended from time-to-time by action of the Oregon Legislature. 7 SECTION 300. LEGAL BOUNDARY DESCRIPTION 301. The legal description of the boundaries of the Development Area are: A tract-.i of land located in the southeast quarter of Section 35, Township 1 South, Range 1 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 corner of Lot 28, Chelsea Hill, a recorded plat, Washington County Plat Records; thence North 43002'31" 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 42058'08" West, 165. 14 feet to the southwesterly right--of-way line of SW Hill Street; thence North 43036' 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 38025'05" 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 44010' 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 45055' West, 26.68 feet to the most southerly corner 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 the 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 Country Survey 410102, Washington County Survey Records; thence northwesterly, on the northeasterly line of said parcel, 2.0.28 feet; thence continuing on said parcel boundary the following courses; northeasterly 11 feet, and North 52008" West, 98 . 1.5 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 corner of L.ot 7, Mariel.l, a recorded plat, Washington County Survey Records; thence southeasterly, on the northeasterly right..-of--way line of SW Commercial. Street, approximately ~� ~� 050 feet to the sout..�ayt line of the John Hioklin No. 37; thence North 451118` East on saiJ DLC line' approximately 308 feet to the southerly right—of—way line of SW Center Street (County Road 072^ being 40 feet wide); thence South 68120' East, on said southerly right—of—way line, approximately 180 feet to the southwesterly extension of the southeasterly right—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 corner of Lot 7' Block l' Kingston, a recorded plat, Washington County Plat Records; thence South 44030' East (on the southwesterly line of said Lot 7)' approximately 00 feet to the northerly right—of—way line of State Highway 99W (SW Pacific 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; thence southerly approximately 110 feet to 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 SW Omana Street; thence westerly, on said south right—of—way line, 514.89 feet to the uaut right—of—way line of SW Edgewood Street; thence South 31157`39" West, on said east right—of—way line, 185.92 feet to the easterly extension of the south right—of—way line of SW 0mara Street; thence North 87055`57" 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 3036` 30" East, on said east line' 571 . 1.2 feet; thence North 65054`27" West 74.22 feet; thence South 48»08` 32" West' 89.36 feet to the north right—of—way line of SW Chelsea Loop; thence, westerly on said north right—of—way line, on a 140 foot radius nontangunt curve concave to the south (the chord bears North 78027' 14" West, 167.06 feet) ' 179.00 feet; thence North 62»27'01" West, 140.70 feet; thence South 75000` West, 90.00 feet to the point of beginning. 301' Exhibit ' Map of Development Area which shows the area encompassed by the foregoing legal boundary description. SECTION 400 - MISSION STATEMENT AND GOALS OF THE DEVELOPMENT AGENCY 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 eliminating 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 study 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 the City Center Development Plan; B. To encourage and enhance opportunities for commercial, residential and industrial property to be developed and improved in the City Center with an emphasis on establishing a visible and economically active city center; C. To encourage multi-family housing in the City Center to actively support commercial development and provide a diverse environment; D. To retain and expand existing businesses in the city center area to be compatible with the Development Plan; . 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 of the city center; G. To ensure that infrastructure and other public facilities within the city center are adequate and timely to accomodate 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 center to develop the theme of "the City in the Park" I. To create an atmosphere in the city center which is attractive and encourages investment in and occupancy of business and residential properties in the city center. 403. RELATIONSHIP OF PLAN TO LOCAL OBJECTIVES 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 DevE ment Area, and improve streE sewers, storm drain systems, park areas, puwiic 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 2.1.1. 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 shall designate the 100-year floodplain of Fanno Creek, its tributaries, and the Tualatin River as greenway, which will be the backbone of the open-space system. 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. 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 economically viable core area. HOUSING 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 safe and efficient street and roadway system that meets current needs and anticipated future growth and development. DOWNTOWN 11.1.1. The redevelopment of downtown shall be accomplished in order to make it 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; and 405. CONSISTENCY WITH EkONOMIC DEVELOPMENT POLICY The City Counci" .nd the City's Economic Devc•• ')ment Committee have identified implementaisvn of a City Center Develc.,.ant Plan as a top priority. The projects included in the plan were selected in an effort to encourage private investment in the area through a demonstration of public committment. Vers. 1/30/89 ..................................... 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 Pian 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 delineated on Exhibit of this plan and are described in full in Chapter 18.66 of the City's Development Code. 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 Fanno 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 setforth in the CBD development code requirements for non-residential uses. Dimensional requirements allow for building heights up to 80 feet. There are no lot area or width requirements and no minimum setbacks. 503 . 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, and with all other applicable Federal, State, County and City regulations. 504. 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 Third Bridge Corridor 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. 10 Vers. 1/30/89 SECTION 600. 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 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 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 utility systems, streets and highways, bike and pedestrian paths, parks, public parking facilities, bridges and other public improvements shall be complete with all appurtenant and supporting parts, consistent with sound engineering principles and conforming with the standards of the City. With funds available to it, the Development Agency may fund in full, in part, or a proportionate share based on use and demand within the Development Area, the following projects. 11 Vers. 1/30/89 STREETS AND TRAFFIC 1. Main Street Bridge. Construct new bridge across Fanno Creek to be complementary to new park development and the reconstruction of Main Street. 2. Main Street. Reconstruct Main Street between the Fanno Creek Bridge and Scoff ins Street, including new sidewalks, landscaping, street furniture, decorative lighting standards, improved railroad crossing and special intersection treatment to improve pedestrian movement. 3. Pacific Highway Ramp. Construct ramp to permit southbound traffic on Route 99W to enter City Center via Tigard Street. 4. Tigard Street. Full improvement of Tigard from new ramp to intersection with Main Street. 5. 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. 6. Ash Street. Extend and improve Ash Street from the south boundary of Development Area to its connection with Scoffins & Hunziker. Bridge Fanno Creek Park. 7. Commercial Street. Improve from Main to Hall. 8. Hall Boulevard, Improve Hall Boulevard from Pacific Highway to Fanno Creek. Provide for lands Eaiped-mod)'an and special landscaping at both sides. 12 r Vers. 1/30/89 DRAFT 9. Scoffins Street. Realign at intersection with Hall Boulevard and to accommodate the extension of Ash Street. 10. Pacific Highway. Improve intersections through reconstruction and/or signalization to improve access into City Center Development Area. PARKS, BEAUTIFICATION ENTRYWAYS 11. Fanno Creek Park. Develop from Hall to Main in accordance with Master Plan. Acquire additional public park area as needed. 12. .11 Mini-Parks." Provide for the development and maintenance of mini=parks, special landscaped areas adjacent to streets and pedestrian ways, particularly along Burnham. Encourage private property owners to participate significantly in these projects. 13. 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. 14. Public Art. Provide for development of public art (sculpture, fountains, murals, mosaics, etc.) which can be viewed from plazas, walks or within public buildings. OTHER PUBLIC FACILITIES 15. Parkincl. Develop additional off-street 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. 16. Tigard Square. Acquire and develop a public plaza in the Main-Burnham area to serve as a focal point for commercial development and public activity. 13 Vers. 1/30/89 17. Community Center. Locate and develop a community center building on or adjacent to Tigard Square. 18. Towers. Provide for the construction of highly-visible vertical landmarks (bell towers, sculpture, observation towers, etc.) on or adjacent to Tigard. Square and near easterly end of Burnham in or near Civic Center expansion. 19. Public Restrooms. Develop from several public restrooms to serve new areas of public congregation, i.e. near park, Tigard Square, Main- Burnham, etc. Encourage such facilities as part of public or private buildings rather than as free-standing structures. PROGRAMS/ACTIVITIES 20. Program 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 business development or redevelopment activities. 21. Loan Programs. The Agency will budget available funds to establish and carry 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. 22. Relocation Assistance. The Agency will provide both technical and financial aid to occupants of property acquired by the City or Agency in 14 Vers. 1/30/89 furtherance of Plan objectives or construction of public facilities within the Development Area. 23. Pedestrian Weather Protection. 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. 602. ACQUISITION OF REAL PROPERTY - Language being written and reviewed by staff, City Attorney and the Consultant. 603. IDENTIFY PROPERTY FOR ACQUISITION - Language being written and reviewed by staff, City Attorney and the Consultant. 604. PROPERTY ACQUISITIONFOR NON-IDENTIFIED PROJECTS - Language being written and reviewed by staff, City Attorney and the Consultant. 5. 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. Payments made to 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 made to businesses displaced. ..................................... Vers. 1/30/89 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 parties at the Agency's office and will set forth the relocation program and procedures, including eligibility for and amounts of relocation payments, services available and other relevant matters. 606. 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 fair re-use value for the specific 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 19 Vers. 1/30/89 TAT "FT comply with 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 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 20 Vers. 1/30/89 :. of its 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, 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. 607. 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 buildings 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. 609. 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 Plan and with all applicable codes, ordinances, policies, plans and procedures of the City. 610. 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 21 Vers. 1/30/89 j" SFT Agency on such terms and conditions as the Development Agency and the City may from time to time agree. In developing the staffing requirements 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, financial, real estate, planning, engineering and any other skill deemed necessary by the Agency. C. The Development Agency may acquire, rent or lease office space and office furniture, equipment and facilities necessary for it to conduct its affairs in the management and implementation of this Plan. 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. 22 Vers. 1/30/89 DRA`::'*`­:: 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. 23 Vers. 1/30/89 PRAFT 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 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 the projects and activities identified in this Plan or subsequent amendments to this Plan, 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. 24 Vers. 1/30/89 PMF::T 702. PRIOR INDEBTEDNESS Any 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. 25 Vers. 1/30/89 FT 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 required by subsection 801 shall be filed with the City Council and notice shall be published as provided by state law that the statement has been prepared and is on file 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. 26 Vers. 1/30/89 ^!y SECTION 900. 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 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 Plan. 27 Vers. 1/30/89 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. 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. SECTION 1200. PROCEDURES FOR CHANGES OR AMENDMENTS IN THE APPROVED CITY CENTER DEVELOPMENT PLAN This Plan will be reviewed and analyzed periodically 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 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 law. The provisions of OR 457.095 and ORS 457.220 and of Section 1203 of this Plan shall apply. The various types of Plan changes, clarifications, modifications or amendments and the official actions which shall be taken prior to their implementation, are as follows: 1201. MINOR CHANGES Minor changes shall not modify the goals and objectives of this Plan or any of its provisions. Such minor changes may include: A. Clarification of language or the State Legislature's changes in applicable laws, or ORS Chapter and Section references; 28 Vers. 1/30/89 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. 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. SECTION 1200. PROCEDURES FOR CHANGES OR AMENDMENTS IN THE APPROVED 1201, 1202 CITY CENTER DEVELOPMENT PLAN - Language being written and 1203 and reviewed by staff, City Attorney and the Consultant. Vers. 1/30/89 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 fifteen (15) years from the effective date of this Plan. Any extension beyond fifteen (15) years 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. 31 EXHIBIT 99 W s� s� 5� ~s Cr' 9 Pte'` p5� 5�• � S�• S� Sr .f 0 qsa� •r4 �.. PSE 4p 1.A f� yrF sr - J / J 2 5 FANNO s CREEK k PARK TIGARD CIVIC J CENTER y2 l <P IGAR ENIOR ENTER T